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91_SB1591eng SB1591 Engrossed 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 In certain cases in which a repealed Act or 15 Section has been replaced with a successor law, this Act 16 incorporates amendments to the repealed Act or Section into 17 the successor law.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. SB1591 Engrossed -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 The following Acts are repealed December 31, 5 1999: 6 The Fire Equipment Distributor and Employee Regulation 7 Act. 8 The Land Sales Registration Act of 1989. 9 (Source: P.A. 91-91, eff.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. ActsActrepealed on January 1, 2010December1431, 2009. The following Acts areAct isrepealed on January 15 1, 2010December 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 TheIllinoisOrthotics, 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.) SB1591 Engrossed -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 memberscommissionersof 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. SB1591 Engrossed -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 SB1591 Engrossed -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; SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 20person, 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 SB1591 Engrossed -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 6of 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: SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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). SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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.) SB1591 Engrossed -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 356z356yof 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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; SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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) IfThe number of signatures requiredfor a 10 candidate for judicial office in a district, circuit, or 11 subcircuit, by a number of primary electors at least 12 equal toshall be0.25% 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 fewershall be18lessthan 500signatures. 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 SB1591 Engrossed -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: SB1591 Engrossed -47- LRB9111045EGfg 1 (20 ILCS 5/Art. 1 heading) 2 ARTICLE 1.SHORT TITLE ANDGENERAL 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 andGeneral 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/ 19250/). 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 SB1591 Engrossed -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 5-5009.31. 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.) SB1591 Engrossed -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 SB1591 Engrossed -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; SB1591 Engrossed -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 SB1591 Engrossed -52- LRB9111045EGfg 1 Secretary of Human Services shall receive an annual salary as 2 set by the Governor from time to time5-335 Lawor 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 time5-395 Lawor 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. SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 administratoror shemay 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; SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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: SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 51030, 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 SB1591 Engrossed -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 SB1591 Engrossed -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; SB1591 Engrossed -96- LRB9111045EGfg 1 IllinoisAdvancedTechnology 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 SB1591 Engrossed -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 SB1591 Engrossed -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.) SB1591 Engrossed -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 SB1591 Engrossed -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: SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 informand adviseconsumers 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 1435-805. 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 SB1591 Engrossed -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-CommunityLabor-ManagementCooperation 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 SB1591 Engrossed -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 one1business representative and one1labor 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 SB1591 Engrossed -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 SB1591 Engrossed -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.; and5 (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-communitylabor-managementcommittees. 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 thefollowing 4areasas27 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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -119- LRB9111045EGfg 1 necessary. 2 (f)(5) To provideGrants 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 provideGrants 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 IssuesLabor18Management 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 SB1591 Engrossed -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.) SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -127- LRB9111045EGfg 1 Regulation. 2 "Director" means the Director of Professional Regulation. 3 (b) In the construction of this Section and Sections 42105-10,2105-15, 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 SB1591 Engrossed -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 SB1591 Engrossed -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-Supportof30 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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 2105-10060cfor 31 the service of the citation. 32 (b) Within 20 days after the service required under SB1591 Engrossed -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 2105-11560f, 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 2105-32560a, 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 SB1591 Engrossed -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. SB1591 Engrossed -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.) SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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: SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -142- LRB9111045EGfg 1 under Section 2310-42555.66of 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 2310-42555.66of 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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: SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 Codeinto into. The Department of 33 Revenue may implement this Section through the use of SB1591 Engrossed -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 SB1591 Engrossed -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.; and7 (7)7.Subject to specific appropriations made for 8 these purposes,toestablish 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,that18 the following information must be made available to the news 19 media for inspection and copying: 20 (1)(a)Information that identifies the individual 21person, 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 SB1591 Engrossed -154- LRB9111045EGfg 1paragraphmust 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 this6paragraph, 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 Sectionparagraph, 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 Sectionparagraphdo 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. 3137.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 SB1591 Engrossed -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 Sectionparagraph. The 5 Department may prescribe the form and manner for requesting 6 and furnishing conviction information under this Section 7paragraph. 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. 1137.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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 25theState 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 SB1591 Engrossed -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 SB1591 Engrossed -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, theMinority and Female22 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 SB1591 Engrossed -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.) SB1591 Engrossed -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) SB1591 Engrossed -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.) SB1591 Engrossed -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. The5.490.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. The5.490.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 SB1591 Engrossed -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. The5.490.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.) SB1591 Engrossed -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. The5.490.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. The5.491.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. The5.492.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 SB1591 Engrossed -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, SB1591 Engrossed -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) SB1591 Engrossed -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, andthe Bond Authorization Actbe 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 mandatesmandate. 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 91-651this amendatory Act of the 91st19General 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 91-102this amendatory Act of the 91st General25Assembly. 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.) SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, 1999the effective9date of this amendatory Act of the 91st General10Assembly, 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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). SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, 1999the25effective date of this amendatory Act of the 91st26General 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, 1999the effective date of12this 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, 1999the effective date of12this 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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; SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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), SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 oforthe 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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.) SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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: SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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% SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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; SB1591 Engrossed -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: SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 Law46.6d15of 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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;and28 (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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 isAll 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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 theMinority and FemaleBusiness Enterprise for 33 Minorities, Females, and Persons with Disabilities Act. 34 It is hereby declared to be the public policy of the SB1591 Engrossed -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 SB1591 Engrossed -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 .SB1591 Engrossed -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. SB1591 Engrossed -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 10person, 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 6of 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 SB1591 Engrossed -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 SB1591 Engrossed -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).2000SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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: SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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; SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 thatthe effectivedateof this amendatory24Act of the 91st General Assembly. 25 On and after November 1, 1999the effective date of this26amendatory 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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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, 1999the effective7date of this amendatory Act of the 91st General8Assembly, 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 thatthe effectivedateof this amendatory29Act of the 91st General Assembly. 30 On and after November 1, 1999the effective date of this31amendatory 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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 91st10General 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; SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 91-478this amendatory Act5of 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 SB1591 Engrossed -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, 1999the effective21date 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) SB1591 Engrossed -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, 1999the effective28date 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, 1999the effective33date of this amendatory Act of the 91st General Assembly, 34 no redevelopment plan shall be adopted, nor an existing SB1591 Engrossed -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, 1999the effective date of5this amendatory Act of the 91st General Assemblyunless 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, 1999the effective23date 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 SB1591 Engrossed -417- LRB9111045EGfg 1 redevelopment plan. On and after November 1, 1999 (the 2 effective date of Public Act 91-478)this amendatory Act of3the 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, SB1591 Engrossed -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 SB1591 Engrossed -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 14the effective date of this amendatory Act of the 91st15General 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, 1999the effective date27of this amendatory Act of the 91st General Assemblyor 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, SB1591 Engrossed -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, 1999the effective23date 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 91st19General 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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.) SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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) SB1591 Engrossed -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: SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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) SB1591 Engrossed -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 SB1591 Engrossed -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 17Minority and FemaleBusiness 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 SB1591 Engrossed -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 SB1591 Engrossed -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; SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 definedprovidedin theMinority and15FemaleBusiness 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 SB1591 Engrossed -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 SB1591 Engrossed -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; SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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" SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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) SB1591 Engrossed -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, 122-3.126,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 2-3.1302-3.126of 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 2-3.1302-3.126of 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -509- LRB9111045EGfg 1 schools that are in the first, second, or third year of 2 their initial term.If House Bill 230 of the 91st3General 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 91-405House Bill 2307of 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 2-3.130 122-3.126of 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 SB1591 Engrossed -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 21person, 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. SB1591 Engrossed -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 6of 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: SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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; SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 356z356yof 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,andschools, 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:Section28 (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 SB1591 Engrossed -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 SB1591 Engrossed -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.filed27 (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 SB1591 Engrossed -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 SB1591 Engrossed -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; SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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.) SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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.) SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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; SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -559- LRB9111045EGfg 1 Any person who is enrolled in a non-traditional Pharm.D. 2PharmDprogram 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: SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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.) SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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: SB1591 Engrossed -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. SB1591 Engrossed -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. SB1591 Engrossed -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.) SB1591 Engrossed -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 20001999. 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: SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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: SB1591 Engrossed -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 theMinority and26FemaleBusiness 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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; SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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; SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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; SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 151of the Non-Support 29 Punishmentof Spouse and ChildrenAct may be prosecuted under 30 that ActSection, and a person convicted under that Act 31Sectionmay be sentenced in accordance with that ActSection. 32 The sentence may include but need not be limited to a 33 requirement that the person perform community service under 34 Section 50subsection (b)of that ActSectionor participate SB1591 Engrossed -647- LRB9111045EGfg 1 in a work alternative program under Section 50subsection (c)2 of that ActSection. A person may not be required to 3 participate in a work alternative program under Section 50 4subsection (c)of that ActSectionif 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, SB1591 Engrossed -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 SB1591 Engrossed -649- LRB9111045EGfg 1 provided to applicants or recipients covered under this Code. 2to the State Disbursement Unit established under Section310-26 of this Code orThe 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)from16the State Disbursement Unit Revolving Fund under Section1712-8.1 of this Code orfor 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 applicantor a privately owned community water11supplyas a result of a contractual agreement between the 12 Agency and such applicantor privately owned community water13supply. 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 applicantslocal government units and privately ownedSB1591 Engrossed -663- LRB9111045EGfg 1community water suppliesto 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. SB1591 Engrossed -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). SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 to18ascertain the credit worthiness of the loan applicant, types19of security required for the loan including liens, mortgages,20and other kinds of security interests, types of collateral as21necessary that can be pledged to meet or exceed the loan22amount, special loan terms for securing repayment of the23loan, the staged access to the fund by privately owned24community 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; SB1591 Engrossed -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.) SB1591 Engrossed -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 loansto4local government units and privately owned community for the5construction of public water suppliespursuant 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 unitor privately owned community21water supplyshall 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 chargesand by other types of security or collateral or both25required to secure the loan pursuant to the regulations26promulgated 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 supply30 (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. SB1591 Engrossed -670- LRB9111045EGfg 1 (a) In the event that a timely payment is not made by a 2 loan recipientor the privately owned community water supply3 according to the loan schedule of repayment, the loan 4 recipientor privately owned community water supplyshall 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 recipientor privately14owned community water supplyfails 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 owned17community water supplywhich shall require a written response 18 within 15 days. The notice of delinquency shall require that 19 the loan recipientor privately owned community water supply20 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 recipientor privately25owned community water supplyfails 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 SB1591 Engrossed -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 SB1591 Engrossed -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; SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 entity18 (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, SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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. SB1591 Engrossed -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: SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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.) SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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, SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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.) SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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. SB1591 Engrossed -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; SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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) SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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; SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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.) SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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) SB1591 Engrossed -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, SB1591 Engrossed -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, SB1591 Engrossed -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, SB1591 Engrossed -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 - SB1591 Engrossed -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;or5 (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 SB1591 Engrossed -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.; or29 (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.; or32 (c) Sells or gives any firearm to any narcotic 33 addict.; orSB1591 Engrossed -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.; or4 (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.; or7 (f) Sells or gives any firearms to any person who 8 is mentally retarded.; or9 (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) doesshallnot 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;or25 (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.; or30 (h) While holding any licenseunder the federal31"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, SB1591 Engrossed -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 the7acquisition, possession and transfer of firearms and8firearm ammunition, to provide a penalty for the9violation thereof and to make an appropriation in10connection therewith", approved August 3, 1967, as11amended; 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.; or15 (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) doesthis19Section shallnot 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 isshallany firearm legally owned or possessed by any 23 citizen or purchased by any citizen within 6 months after the 24 enactment of Public Act 78-355this amendatory Act of 1973 be25 subject to confiscation or seizure under the provisions of 26 that Publicthis amendatoryActof 1973. Nothing in Public 27 Act 78-355this amendatory Act of 1973shall 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 Publicthis amendatoryActof 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. SB1591 Engrossed -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 whichthatthe 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 whichthatthe 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 theMinority and FemaleBusiness 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.) SB1591 Engrossed -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 of2 oftheMinority and FemaleBusiness 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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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; SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, forgoforegothe 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 SB1591 Engrossed -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; SB1591 Engrossed -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;or24 (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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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. SB1591 Engrossed -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: SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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;or21 (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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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.reasonableThe 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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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.reasonableThe 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 SB1591 Engrossed -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". SB1591 Engrossed -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. 4485PLUS,6THAT PART OF THE NORTHWEST QUARTER OF SECTION 37TOWNSHIP 40 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL8MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS9FOLLOWS:10BEGINNING AT THE POINT OF INTERSECTION OF THE11EASTERLY RIGHT-OF-WAY LINE OF THE NORTHWEST TOLL ROAD AND12THE SOUTHERLY RIGHT-OF-WAY LINE OF MAPLE AVENUE EXTENDED13WESTERLY; THENCE EASTERLY ALONG SAID SOUTHERLY14RIGHT-OF-WAY LINE OF MAPLE AVENUE (RECORDED AS BOCK15AVENUE) TO THE EASTERLY RIGHT-OF-WAY LINE OF GAGE STREET;16THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF17GAGE STREET TO THE SOUTHERLY LINE OF LOT 2 IN RIVER ROSE18SUBDIVISION UNIT 2 PER DOCUMENT NUMBER 19594706; THENCE19EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 2 IN RIVER20ROSE SUBDIVISION UNIT NUMBER 2 AND SAID SOUTHERLY LINE21EXTENDED EASTERLY TO THE EASTERLY RIGHT-OF-WAY LINE OF22GLEN LAKE DRIVE (AS DEDICATED IN RIVER ROSE SUBDIVISION23PER DOCUMENT NUMBER 19352146 AND DEDICATED AS WILLOW24CREEK DRIVE); THENCE SOUTHWESTERLY ALONG SAID EASTERLY25RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN26SAID RIVER ROSE SUBDIVISION; THENCE SOUTHEASTERLY ALONG27THE NORTHERLY LINE OF SAID LOT 1 IN SAID RIVER ROSE28SUBDIVISION, 86.0 FEET TO THE NORTHEAST CORNER OF SAID29LOT 1; THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF30SAID LOT 1, 120.0 FEET TO THE SOUTHEAST CORNER OF SAID31LOT 1; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF32SAID LOT 1 AND THE NORTHERLY RIGHT-OF-WAY LINE OF RIVER33ROSE STREET (AS DEDICATED IN RIVER ROSE SUBDIVISION PER34DOCUMENT NUMBER 19352146), 34.3 FEET TO THE INTERSECTIONSB1591 Engrossed -884- LRB9111045EGfg 1OF THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RIVER ROSE2STREET AND THE EASTERLY LINE OF SAID WILLOW CREEK DRIVE,3ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 1; THENCE4SOUTHEASTERLY ALONG THE EASTERLY RIGHT-OF-WAY LINE OF5SAID WILLOW CREEK DRIVE TO THE MOST SOUTHWESTERLY CORNER6OF LOT 27 IN SAID RIVER ROSE SUBDIVISION; THENCE7SOUTHWESTERLY TO THE INTERSECTION OF THE NORTHWESTERLY8CORNER OF LOT "B" IN SAID RIVER ROSE SUBDIVISION WITH THE9EAST LOT LINE OF LOT 8 IN BLOCK 1 IN HIGGINS ROAD10RANCHETTES SUBDIVISION PER DOCUMENT NUMBER 13820089;11THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 8, 97.2412FEET TO A POINT; SAID POINT BEING 66.00 FEET SOUTH OF THE13NORTHEAST CORNER OF SAID LOT 8; THENCE WESTERLY, ALONG A14LINE WHICH IS 66.00 FEET SOUTH OF AND PARALLEL TO THE15NORTH LINE OF LOTS 3, 4, 5, 6, 7, AND 8 IN SAID HIGGINS16ROAD RANCHETTES SUBDIVISION AND THEN WESTERLY THEREOF17(SAID PARALLEL LINE ALSO BEING THE SOUTH LINE OF AN18UNRECORDED STREET KNOWN AS GLENLAKE STREET), TO THE POINT19OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF20THE AFORESAID NORTHWEST TOLL ROAD; THENCE NORTHWESTERLY21ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID NORTHWEST22TOLL ROAD TO THE POINT OF BEGINNING;23AND ALSO, THAT PART OF THE NORTHEAST QUARTER OF24SECTION 9 AND THE NORTHWEST QUARTER OF SECTION 10,25TOWNSHIP 40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL26MERIDIAN, IN THE VILLAGE OF ROSEMONT, COOK COUNTY,27ILLINOIS, DESCRIBED AS FOLLOWS:28BEGINNING IN THE WEST HALF OF THE NORTHEAST QUARTER29OF SECTION 9 AFORESAID, AT THE INTERSECTION OF THE SOUTH30LINE OF 61ST STREET WITH THE EASTERLY RIGHT-OF-WAY LINE31OF THE MINNEAPOLIS, ST. PAUL AND ST. STE. MARIE RAILROAD32RIGHT-OF-WAY; THENCE EAST ALONG THE SOUTH LINE OF 61ST33STREET AND ITS EASTERLY EXTENSION, TO THE EAST LINE OF34PEARL STREET; THENCE NORTH ALONG THE EAST LINE OF PEARLSB1591 Engrossed -885- LRB9111045EGfg 1STREET TO THE SOUTH LINE OF 62ND STREET; THENCE EAST2ALONG THE SOUTH LINE OF 62ND STREET TO THE WESTERLY3RIGHT-OF-WAY LINE OF THE ILLINOIS STATE TOLL ROAD; THENCE4SOUTHERLY, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF THE5TOLL ROAD TO A POINT ON A WESTERLY EXTENSION OF THE SOUTH6LINE OF ALLEN AVENUE; THENCE EAST ALONG SAID WESTERLY7EXTENSION, AND ALONG THE SOUTH LINE OF ALLEN AVENUE TO8THE WEST LINE OF OTTO AVENUE; THENCE SOUTH ALONG THE WEST9LINE OF OTTO AVENUE TO A POINT ON A WESTERLY EXTENSION10OF THE NORTH LINE OF THE SOUTH 30 FEET OF LOT 12 IN FIRST11ADDITION TO B.L. CARLSEN'S INDUSTRIAL SUBDIVISION, BEING12A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 913AFORESAID, ACCORDING TO THE PLAT THEREOF RECORDED MARCH145, 1962 AS DOCUMENT 18416079; THENCE EAST ALONG SAID15WESTERLY EXTENSION, AND ALONG THE AFOREMENTIONED NORTH16LINE OF THE SOUTH 30 FEET OF LOT 12, TO THE EAST LINE OF17LOT 12; THENCE NORTH ALONG THE EAST LINE OF LOT 12, BEING18ALSO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 9,19TO THE NORTH LINE OF OWNER'S DIVISION OF PARTS OF LOTS 420AND 5 OF HENRY HACHMEISTER'S DIVISION, IN THE NORTHWEST21QUARTER OF SECTION 10, AFORESAID, ACCORDING TO THE PLAT22THEREOF RECORDED APRIL 25, 1949 AS DOCUMENT 14539019;23THENCE EAST ALONG THE NORTH LINE OF SAID OWNER'S DIVISION24TO THE WEST LINE OF LOT 3 IN SAID OWNER'S DIVISION;25THENCE SOUTH ALONG THE WEST LINE OF LOT 3 TO THE26SOUTHWEST CORNER THEREOF; THENCE EAST ALONG THE SOUTH27LINE OF LOT 3 TO THE NORTHWEST CORNER OF LOT 4 IN SAID28OWNER'S SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF29LOT 4 TO THE SOUTHWEST CORNER THEREOF; THENCE EAST ALONG30THE SOUTH LINE OF LOT 4, AND SAID SOUTH LINE EXTENDED31EASTERLY, TO THE EASTERLY RIGHT-OF-WAY LINE OF RIVER32ROAD; THENCE SOUTHEASTERLY ALONG THE EASTERLY33RIGHT-OF-WAY LINE OF SAID RIVER ROAD TO A POINT BEING34198.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OFSB1591 Engrossed -886- LRB9111045EGfg 1LOT 5 EXTENDED EASTERLY, IN HENRY HACHMEISTER'S DIVISION2PER DOCUMENT NUMBER 4183101; THENCE WESTERLY, ALONG A3LINE WHICH IS 198.00 FEET NORTH OF AND PARALLEL TO THE4SOUTH LINE OF SAID LOT 5 IN HENRY HACHMEISTER'S DIVISION,5TO THE NORTHWEST CORNER OF LOT 6 IN B.L. CARLSEN'S6INDUSTRIAL SUBDIVISION PER DOCUMENT NUMBER 1925132;7THENCE NORTHERLY TO A POINT BEING THE NORTHEAST CORNER OF8A PARCEL BEING DESCRIBED PER DOCUMENT T1862127, SAID9POINT BEING 293.73 FEET NORTH OF AND PARALLEL TO THE10SOUTH LINE OF SAID LOT 5 IN HENRY HACHMEISTER'S DIVISION;11THENCE WESTERLY ALONG A LINE, 293.73 FEET NORTH OF AND12PARALLEL TO THE SOUTH LINE OF SAID LOT 5, 91.50 FEET TO13THE NORTHWEST CORNER OF SAID PARCEL PER DOCUMENT14T1862127; THENCE SOUTHERLY ALONG A LINE BEING THE EAST15LINE OF THE WEST 200.00 FEET OF SAID LOT 5, 71.88 FEET TO16THE SOUTHEAST CORNER OF A PARCEL BEING DESCRIBED PER17DOCUMENT T2257298; THENCE WESTERLY ALONG THE SOUTH LINE18AND THE SOUTH LINE EXTENDED WESTERLY OF SAID PARCEL, 23319FEET TO THE POINT OF INTERSECTION WITH THE WEST LINE OF20MICHIGAN AVENUE RIGHT-OF-WAY; THENCE NORTHERLY ALONG SAID21WEST RIGHT-OF-WAY LINE OF MICHIGAN AVENUE TO THE22NORTHEAST CORNER OF LOT 1, BLOCK 12 IN J. TAYLOR'S ADD.23TO FAIRVIEW HEIGHTS PER DOCUMENT NUMBER 1876526, SAID24POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF 60TH25STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY26LINE OF 60TH STREET TO A POINT OF INTERSECTION WITH THE27EASTERLY RIGHT-OF-WAY LINE OF THE AFORESAID MINNEAPOLIS,28ST. PAUL AND ST. STE. MARIE RAILROAD RIGHT-OF-WAY; THENCE29NORTHWESTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO30THE POINT OF BEGINNING;; 70;31(71) For a period of 3 years after December 1,321998, by the Village of Franklin Park, for the33redevelopment of blighted areas, for the acquisition of34property within the area legally described as:SB1591 Engrossed -887- LRB9111045EGfg 1BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT NO.22 (SAID CORNER BEING 50.0 FEET WEST OF THE CENTERLINE OF3MANNHEIM ROAD); THENCE SOUTH ALONG THE EAST LINE OF SAID4TRACT NO. 2, A DISTANCE OF 305.46 FEET; THENCE WEST,5PARALLEL WITH THE NORTH LINE OF SAID TRACT NO. 2, A6DISTANCE OF 175.0 FEET; THENCE SOUTH, PARALLEL WITH THE7EAST LINE OF SAID TRACT NO. 2, A DISTANCE OF 164.46 FEET8TO THE SOUTHERLY LINE OF SAID TRACT NO. 2 (SAID LINE9BEING 50.0 FEET NORTHERLY OF THE CENTERLINE OF GRAND10AVENUE); THENCE WESTERLY ALONG SAID LINE, 672.75 FEET;11THENCE NORTH ALONG A LINE THAT IS 227.30 FEET EAST OF (AS12MEASURED AT RIGHT ANGLES) AND PARALLEL WITH THE EAST LINE13OF MIKE LATORIA SR. INDUSTRIAL SUBDIVISION, 429.87 FEET14TO THE NORTH LINE OF SAID TRACT NO. 2; THENCE EAST ALONG15SAID NORTH LINE, 845.71 FEET TO THE POINT OF BEGINNING,16IN OWNER'S DIVISION OF THAT PART OF THE EAST HALF OF THE17NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 40 NORTH, RANGE1812 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE19PLAT THEREOF RECORDED AUGUST 16, 1929 AS DOCUMENT2010456788 AND FILED IN THE REGISTRAR'S OFFICE ON AUGUST2123, 1929 AS DOCUMENT LR474993, IN COOK COUNTY, ILLINOIS;22(72) For a period of 3 years after December 1,231998, by the Village of Franklin Park, for the24redevelopment of blighted areas, for the acquisition of25the property legally described as:26Lots 19, 20, 21, 22, 23, 24, 25, 26 and 27 of the27Salerno-Kaufman Subdivision of part of Tract No. 1 in28Owner's Division of part of the East 1/2, Northeast 1/4,29Section 29, Township 40, Range 12, East of the Third30Principal Meridian, in Cook County, Illinois; and31That part of the South 117.64 feet of tract number 132lying East of a line 235 feet West of and parallel with33West line of Mannheim Road in Owner's Division of part of34the East half of the Northeast quarter of Section 29,SB1591 Engrossed -888- LRB9111045EGfg 1Township 40 North, Range 12, East of the Third Principal2Meridian, according to the Plat thereof recorded August316, 1929 as Document number 10456788, in Cook County,4Illinois;5(73) for a period of 2 years following the6effective date of this amendatory Act of the 91st General7Assembly, by the City of Taylorville for the acquisition8of land used for the construction of the second silt dam9on Lake Taylorville; the project area is limited to the10townships of Greenwood, Johnson, and Locust in southern11Christian County;12(74) for a period of 6 months following the13effective date of this amendatory Act of the 91st General14Assembly, by the City of Effingham for the acquisition of15all the right of way needed for the subject project16starting at Wernsing Avenue and running northerly to17Fayette Avenue, including the right of way for a18structure over the CSX rail line and U. S. Route 40;19(75) for a period of one year following the20effective date of this amendatory Act of the 91st General21Assembly, by the City of Effingham for the acquisition of22property for the construction of South Raney Street23Project Phase II, including a grade separation over24Conrail and U. S. Route 40 in the City of Effingham, from25the intersection of South Raney Street and West Wernsing26Avenue northerly to the intersection of South Raney27Street and West Fayette Avenue;28(76) for a period of 2 years following the effective29date of this amendatory Act of the 91st General Assembly,30by the Village of Lincolnshire, for the purpose of31redevelopment within the downtown area, for the32acquisition of property within that area legally33described as follows:34THAT PART OF SECTIONS 15 AND 22, TOWNSHIP 43 NORTH,SB1591 Engrossed -889- LRB9111045EGfg 1RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED2AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST3LINE OF THE PROPERTY DESCRIBED IN DOCUMENT NUMBER 22970854AND THE NORTHERLY LINE OF HALF DAY ROAD; THENCE5NORTHEASTERLY ALONG SAID NORTHERLY LINE OF SAID HALF DAY6ROAD TO THE INTERSECTION WITH THE WEST LINE OF STATE7ROUTE NO. 21 (ALSO KNOWN AS MILWAUKEE AVENUE); THENCE8NORTHERLY ALONG SAID WEST LINE OF STATE ROUTE NO. 21 TO9THE NORTH LINE OF THE SOUTH 452.20 FEET OF THE NORTHEAST10QUARTER OF THE AFORESAID SECTION 15; THENCE EAST ALONG11THE SAID NORTH LINE OF THE SOUTH 452.20 FEET TO THE EAST12LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15; THENCE13SOUTH ALONG THE SAID EAST LINE TO THE SOUTHEAST CORNER OF14THE NORTHEAST QUARTER THEREOF; THENCE WEST ALONG THE15SOUTH LINE OF THE SAID NORTHEAST QUARTER TO AN EAST LINE16OF VERNON CEMETERY AS DESCRIBED IN DOCUMENT NUMBER17263584; THENCE NORTH 37.20 FEET ALONG AFORESAID EAST LINE18OF CEMETERY TO THE NORTH EAST CORNER THEREOF; THENCE WEST19297.00 FEET ALONG THE NORTH LINE OF THE AFORESAID20CEMETERY, SAID LINE IS THE MOST NORTHERLY LINE OF21CEMETERY ROAD AS OCCUPIED AND EXTENDED TO A WEST LINE OF22AFORESAID VERNON CEMETERY EXTENDED NORTH; THENCE SOUTH23ALONG THE EXTENSION AND WEST LINE OF THE AFORESAID24CEMETERY TO THE SOUTHWEST CORNER THEREOF, SAID SOUTHWEST25CORNER IS 296.61 FEET SOUTH OF THE SOUTH LINE OF CEMETERY26ROAD AS OCCUPIED; THENCE EAST ALONG THE SOUTH LINE OF27VERNON CEMETERY TO THE SOUTH EAST CORNER THEREOF, SAID28SOUTHEAST CORNER ALSO BEING A POINT ON THE WEST LINE OF29PROPERTY DESCRIBED BY DOCUMENT NUMBER 2012084; THENCE30SOUTH ALONG AFORESAID WEST LINE TO THE NORTH LINE OF HALF31DAY ROAD; THENCE EAST ALONG LAST SAID NORTH LINE TO A32POINT IN THE WEST LINE (EXTENDED) OF INDIAN CREEK33SUBDIVISION (RECORDED AS DOCUMENT NUMBER 2084U19); THENCE34SOUTH ALONG THE WEST LINE AND AN EXTENSION THEREOF OFSB1591 Engrossed -890- LRB9111045EGfg 1INDIAN CREEK CONDOMINIUM SUBDIVISION TO THE SOUTHWEST2CORNER THEREOF; THENCE SOUTHEASTERLY ALONG A SOUTH LINE3OF INDIAN CREEK CONDOMINIUM SUBDIVISION 130.47 FEET TO4THE MOST SOUTHERLY CORNER IN THE AFORESAID SUBDIVISION5SAID POINT BEING IN THE NORTH LINE OF RELOCATED ILLINOIS6STATE ROUTE 22; THENCE NORTHEASTERLY ALONG A SOUTH LINE7OF INDIAN CREEK CONDOMINIUM SUBDIVISION 209.56 FEET, SAID8LINE BEING ALSO THE NORTH LINE OF RELOCATED ILLINOIS9STATE ROUTE 22, TO THE SOUTHEAST CORNER OF INDIAN CREEK10CONDOMINIUM SUBDIVISION; THENCE NORTH ALONG THE EAST LINE11OF INDIAN CREEK SUBDIVISION AND AN EXTENSION THEREOF TO12THE NORTH LINE OF HALF DAY ROAD; THENCE EAST ALONG THE13NORTH LINE OF HALF DAY ROAD TO THE EAST LINE OF THE14SOUTHEAST QUARTER OF SAID SECTION 15 TO THE SOUTHEAST15CORNER OF THE SOUTHEAST QUARTER OF SECTION 15 AFORESAID;16THENCE SOUTHERLY ALONG AN EASTERLY LINE OF THE HAMILTON17PARTNERS PROPERTY DESCRIBED AS FOLLOWS, BEGINNING AT THE18NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION1922 (THE EAST LINE OF THE NORTHEAST QUARTER OF SAID20SECTION 22 HAVING AN ASSUMED BEARING OF SOUTH 00 DEGREES2100 MINUTES 00 SECONDS EAST FOR THIS LEGAL DESCRIPTION);22THENCE SOUTH 13 DEGREES 57 MINUTES 09 SECONDS WEST,23519.43 FEET TO A POINT DESCRIBED AS BEARING NORTH 5124DEGREES 41 MINUTES 30 SECONDS WEST, 159.61 FEET FROM A25POINT OF THE EAST LINE OF THE NORTHEAST QUARTER OF26SECTION 22 AFORESAID, 603.05 FEET, AS MEASURED ALONG SAID27EAST LINE, SOUTH OF THE NORTHEAST CORNER OF SAID28NORTHEAST QUARTER; THENCE SOUTH 05 DEGREES 08 MINUTES 0429SECONDS EAST, 232.01 FEET TO THE MOST NORTHERLY NORTHEAST30CORNER OF MARIOTT DRIVE, ACCORDING TO THE PLAT OF31DEDICATION RECORDED AS DOCUMENT NUMBER 1978811; THENCE32SOUTH 42 DEGREES 08 MINUTES 46 SECONDS WEST (RECORD SOUTH3342 DEGREES 09 MINUTES 23 SECONDS WEST) ALONG THE34NORTHWESTERLY LINE OF SAID MARIOTT DRIVE, 40.70 FEETSB1591 Engrossed -891- LRB9111045EGfg 1(RECORD 40.73 FEET) TO AN ANGLE POINT IN THE NORTH LINE2OF SAID MARIOTT DRIVE; THENCE SOUTH PERPENDICULAR TO3AFOREMENTIONED MARIOTT DRIVE TO A POINT ON THE SOUTH LINE4THEREOF; THENCE WEST ALONG THE SOUTH LINE OF MARIOTT5DRIVE TO A POINT PERPENDICULAR TO A POINT IN THE NORTH6LINE OF MARIOTT DRIVE THAT IS ON A LINE, THE EXTENSION OF7WHICH IS THE EASTERLY LINE OF LOTS 1 AND 2 IN INDIAN8CREEK RESUBDIVISION; THENCE NORTH PERPENDICULAR TO9MARIOTT DRIVE TO THE AFOREMENTIONED POINT ON THE NORTH10LINE; THENCE NORTHWESTERLY ON THE EASTERLY LINE &11EXTENSION THEREOF OF AFOREMENTIONED LOTS 1 AND 2 TO THE12NORTHEAST CORNER OF LOT 2; THENCE WEST ALONG THE NORTH13LINE OF LOT 2 TO THE NORTHWEST CORNER THEREOF; THENCE14SOUTHWESTERLY PERPENDICULAR TO ILLINOIS ROUTE 2115(MILWAUKEE AVENUE DEDICATED BY DOCUMENT NUMBER 2129168)16TO THE WEST LINE THEREOF; THENCE NORTH ALONG THE WEST17LINE OF AFOREMENTIONED ILLINOIS ROUTE 21 TO THE NORTHEAST18CORNER OF LOT 1 IN MCDONALD'S - KING'S SUBDIVISION;19THENCE WEST ALONG THE NORTH LINE OF THE LAST MENTIONED20LOT 1, 218.50 FEET TO A JOG IN THE NORTH LINE THEREOF;21THENCE NORTHERLY ALONG A WESTERLY LINE OF SAID LOT 1,2220.22 FEET TO A JOG IN THE NORTH LINE; THENCE WEST ALONG23THE NORTH LINE OF LOT 1 AFORESAID 150.42 FEET TO THE24NORTHWEST CORNER OF THEREOF; THENCE SOUTH 205.94 FEET25ALONG THE WEST LINE OF AFOREMENTIONED LOT 1 TO A JOG IN26THE WEST LINE THEREOF; THENCE EAST ALONG A SOUTH LINE OF27LOT 1 TO A JOG IN THE WEST LINE THEREOF 3.45 FEET; THENCE28SOUTH 91.22 FEET ALONG THE WEST LINE LOT 1 TO THE29SOUTHWEST CORNER LOT 1 AFOREMENTIONED; THENCE SOUTHERLY30RADIAL TO RELOCATED ILLINOIS STATE ROUTE 22 TO THE SOUTH31LINE THEREOF; THENCE WEST ALONG THE SOUTH LINE OF32RELOCATED ILLINOIS STATE ROUTE 22 TO A POINT33PERPENDICULAR TO A POINT AT THE SOUTHWEST CORNER OF THE34OLD HALF DAY SCHOOL PARCEL; THENCE NORTHWESTERLY 51.41SB1591 Engrossed -892- LRB9111045EGfg 1FEET ALONG A WEST LINE OF AFORESAID SCHOOL PARCEL TO A2CORNER THEREOF; THENCE NORTHEASTERLY 169.30 FEET ALONG A3NORTHERLY LINE OF AFORESAID SCHOOL PARCEL TO A CORNER4THEREOF; THENCE NORTHWESTERLY 242.80 FEET ALONG A WEST5LINE TO THE CENTER LINE OF HALF DAY ROAD; THENCE6NORTHWESTERLY NORMAL TO THE AFORESAID ROAD TO THE7NORTHERLY RIGHT OF WAY LINE THEREOF; THENCE EAST ALONG8THE NORTH LINE OF HALF DAY ROAD TO A POINT SAID POINT IS9A BEND IN THE WEST LINE OF PROPERTY DESCRIBED BY DOCUMENT10NUMBER 2600952; THENCE NORTHWESTERLY 7.82 CHAINS ALONG11THE WEST LINE AFOREMENTIONED TO THE NORTHWEST CORNER12THEREOF; THENCE SOUTHEASTERLY 2.39 CHAINS TO THE13NORTHEAST CORNER OF THE SAID PROPERTY; THENCE14SOUTHEASTERLY ALONG THE EASTERLY LINE OF AFORESAID15PROPERTY TO THE NORTHWEST CORNER OF PROPERTY DESCRIBED IN16DOCUMENT NUMBER 2297085; THENCE EAST 2.27 CHAINS ALONG17THE NORTH LINE OF AFOREMENTIONED PROPERTY TO THE18NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG THE EAST19LINE OF THE AFOREMENTIONED PROPERTY TO THE PLACE OF20BEGINNING, (EXCEPT THEREFROM THE TRACT OF LAND AS21DESCRIBED BY DOCUMENT NUMBER 1141157 AND MILWAUKEE AVE.22ADJACENT THERETO) ALL IN LAKE COUNTY, ILLINOIS;23(77) for a period of 18 months after the effective24date of this amendatory Act of 1999, by the City of25Marion for the acquisition of property and temporary26construction easements bounded by the following lines for27improvement of the Pentecost Road project:28A variable width strip of land lying parallel with and29contiguous to the existing east and west Right-of-Way30lines of Pentecost Road in the following quarter-quarter31section:32the NW1/4 NW1/4, Section 16; NE1/4 NE1/4, Section 17;33NW1/4 SW1/4, Section 16; SW1/4 SW1/4, Section 16; NE1/434SE1/4, Section 17; and the SE1/4 SE1/4, Section 17, allSB1591 Engrossed -893- LRB9111045EGfg 1located in Township 9 South, Range 2 East of the Third2Principal Meridian; Williamson County, Illinois;3(78) for a period of 6 months following the4effective date of this amendatory Act of the 91st General5Assembly, by the city of Geneva, for the Prairie and6Wetland Restoration Project, for the acquisition of7property described as follows:8PARCEL ONE: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF9SECTION 6, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD10PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF GENEVA, KANE11COUNTY, ILLINOIS.12PARCEL TWO: THE SOUTH HALF OF THE NORTHWEST13FRACTIONAL QUARTER OF SECTION 6, TOWNSHIP 39 NORTH, RANGE148 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP15OF GENEVA, KANE COUNTY, ILLINOIS.16PARCEL THREE: THAT PART OF THE SOUTH 1/2 OF THE17NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 718EAST OF THE THIRD PRINCIPAL MERIDIAN LYING EAST OF THE19FOLLOWING TRACT: (A STRIP OF LAND 60 FEET IN WIDTH20EXTENDING OVER AND ACROSS THE SOUTH EAST 1/4 OF THE21NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 722EAST OF THE THIRD PRINCIPAL MERIDIAN, SAID STRIP OF LAND23BEING THAT CERTAIN STRIP OF LAND AS CONVEYED BY CHARLES24W. PEMBLETON AND WIFE TO THE CHICAGO AND NORTH WESTERN25RAILWAY COMPANY (NOW THE CHICAGO AND NORTH WESTERN26TRANSPORTATION COMPANY) BY WARRANTY DEED DATED JUNE 29,271903 AND RECORDED AS DOCUMENT 64790 IN BOOK 430 ON PAGE28337 IN THE OFFICE OF THE REGISTRAR OF DEEDS FOR KANE29COUNTY, ILLINOIS) IN THE TOWNSHIP OF BLACKBERRY, KANE30COUNTY, ILLINOIS;31(79) for a period of 2 years after the effective32date of this amendatory Act of the 91st General Assembly,33by the City of Arcola for the purpose of acquiring34property in connection with a project to widen IllinoisSB1591 Engrossed -894- LRB9111045EGfg 1Route 133 east of Interstate 57;2(80) for a period of 24 months after the effective3date of this amendatory Act of the 91st General Assembly,4by the County of Lake, for the acquisition of necessary5right-of-way to complete the improvement of the6intersection of County Highway 47 (9th Street) and County7Highway 27 (Lewis Avenue);8(81) for a period of 24 months after the effective9date of this amendatory Act of the 91st General Assembly,10by the County of Lake, for the acquisition of necessary11right-of-way to complete the improvement of the various12intersections and roadways involved in the project to13improve County Highway 70 (Hawley Street), County Highway1426 (Gilmer Road), and County Highway 62 (Fremont Center15Road) at and near Illinois Route 176;16(82) for a period of 30 months after the effective17date of this amendatory Act of the 91st General Assembly,18by the County of Winnebago to allow for the acquisition19of right-of-way for the construction of the Harrison20Avenue Extension project from Montague Road to West21State Street lying within Section 20, the east 1/2 of22Section 29, and the northeast 1/4 of Section 32,23Township 44W, Range 1 East of the 3rd Principal24Meridian, in Winnebago County;25(83) for a period of 2 years after the effective26date of this amendatory Act of the 91st General Assembly,27by the Village of Schiller Park, for the acquisition of28the following described property for purposes of29redevelopment of blighted areas:30The following parcel of property lying within the East31Half of the Southeast Quarter of Section 17, Township 4032North, Range 12 East of the Third Principal Meridian and33the N East Half of the Southwest Quarter of Section 16,34Township 40 North, Range 12 East of the Third PrincipalSB1591 Engrossed -895- LRB9111045EGfg 1Meridian all in Cook County, Illinois:2Commencing at the intersection of the center line of3Irving Park Road with the west line of Mannheim Road;4thence, southwesterly along the westerly line of Mannheim5Road to its intersection with the south line of Belle6Plaine Avenue, as extended from the east; thence,7easterly along the south line of Belle Plaine Avenue to8its intersection with the west line, as extended from the9North, of Lot 7 in the Subdivision of the West Half of10the Southwest Quarter of Section 16, Township 40 North,11Range 12 East of the Third Principal Meridian (except12that part lying Northerly of Irving Park Road), recorded13April 14, 1921 as document no. 7112572; thence, northerly14along the west line, as extended from the north, of Lot 715of the aforecited Subdivision to its intersection with16the north line of Belle Plaine Avenue; thence,17northeasterly along the northwesterly line of the18property acquired by The Illinois State Toll Highway19Authority to its intersection with the east line of Lot 720of the aforecited Subdivision; thence, northerly along21the east line of Lot 7 of the aforecited Subdivision to22its intersection with the south line of Lot 2 in the23aforecited Subdivision; thence, westerly along the south24line of Lot 2 of the aforecited Subdivision to its25intersection with the west line of Lot 2 of the26aforecited Subdivision; thence, northerly along the west27line of Lot 2 of the aforecited Subdivision and the28extension of the west line of Lot 2 to its intersection29with the center line of Irving Park Road; thence,30westerly along the center line of Irving Park Road to the31point of beginning.32Notwithstanding the property description contained in33this paragraph (83), the Village of Schiller Park may not34acquire, under the authority of this paragraph (83), anySB1591 Engrossed -896- LRB9111045EGfg 1property that is owned by any other unit of local government;2(84) for a period of 2 years after the effective3date of this amendatory Act of the 91st General Assembly,4by the City of Springfield, for the acquisition of (i)5the property located in the City of Springfield and6bounded on the north by Mason Street, on the west by7Fifth Street, on the south by Jefferson Street, and on8the east by Sixth Street and (ii) the property located in9the City of Springfield and bounded on the north by10Madison Street, on the west by Sixth Street, on the south11by Washington Street, and on the east by Seventh Street,12for the Abraham Lincoln Presidential Library;13(85) for a period of 24 months after the effective14date of this amendatory Act of the 91st General Assembly,15by McLean County, for the acquisition of property16necessary for the purpose of construction with respect to17the Towanda-Barnes Road from Route 150 to Ft. Jesse Road;18(86) for a period of 12 months after the effective19date of this amendatory Act of the 91st General Assembly,20by Pike County, for the acquisition of property necessary21for the purpose of construction with respect to F.A.S.221591, commonly known as Martinsburg Road, from one mile23north of Martinsburg to 0.25 mile north of Martinsburg;24(87) for a period of 12 months after the effective25date of this amendatory Act of the 91st General Assembly,26by the Fox Metro Water Reclamation District, for the27acquisition of the following described property for the28purpose of extending the collector system and29construction of facilities for treatment of effluent:30THAT PART OF LOTS 2 AND 3 OF LARSON'S SUBDIVISION31DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST32CORNER OF SAID LOT 3 BEING ON THE CENTER LINE OF33STATE ROUTE NO. 31; THENCE SOUTH 7 DEGREES 0134MINUTES WEST ALONG SAID CENTER LINE 46.58 FEET FORSB1591 Engrossed -897- LRB9111045EGfg 1THE POINT OF BEGINNING; THENCE NORTH 7 DEGREES 012MINUTES EAST ALONG SAID CENTER LINE 91.58 FEET;3THENCE SOUTH 88 DEGREES 31 MINUTES EAST PARALLEL4WITH THE NORTH LINE OF SAID LOT 3, 781.87 FEET TO5THE EASTERLY LINE OF SAID LOT 2; THENCE SOUTH 196DEGREES 40 MINUTES WEST ALONG THE EASTERLY LINES OF7LOTS 2 AND 3 106.9 FEET; THENCE SOUTH 9 DEGREES 398MINUTES EAST ALONG THE EASTERLY LINE OF SAID LOT 3,970.83 FEET TO A LINE DRAWN SOUTH 82 DEGREES 3610MINUTES EAST, PARALLEL WITH THE SOUTHERLY LINE OF11SAID LOT 3, FROM THE PLACE OF BEGINNING; THENCE12NORTH 82 DEGREES 36 MINUTES WEST ALONG SAID PARALLEL13LINE 775.16 FEET TO THE PLACE OF BEGINNING, IN THE14TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS.15ALSO:16THAT PART OF THE SOUTHWEST 1/4 OF SECTION 5,17TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD18PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING19AT THE NORTHWEST CORNER OF THE SOUTHWEST FRACTIONAL20QUARTER OF SECTION 6, TOWNSHIP AND RANGE AFORESAID;21THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 6,221363.34 FEET; THENCE SOUTH 82 DEGREES 36 MINUTES23EAST 5298.7 FEET TO THE WESTERLY BANK OF FOX RIVER;24THENCE NORTH 18 DEGREES 46 MINUTES WEST ALONG SAID25WESTERLY BANK 192.5 FEET FOR THE POINT OF BEGINNING;26THENCE NORTH 18 DEGREES 46 MINUTES WEST ALONG SAID27WESTERLY BANK 44.35 FEET; THENCE NORTH 37 DEGREES 1628MINUTES WEST ALONG SAID WESTERLY BANK 227.8 FEET;29THENCE NORTH 82 DEGREES 36 MINUTES WEST 867.3 FEET30TO THE CENTER LINE OF THE ORIGINAL ROAD; THENCE31SOUTHERLY ALONG SAID CENTER LINE 200 FEET TO A LINE32DRAWN NORTH 82 DEGREES 36 MINUTES WEST FROM THE33POINT OF BEGINNING; THENCE SOUTH 82 DEGREES 3634MINUTES EAST 1014.21 FEET TO THE POINT OF BEGINNING,SB1591 Engrossed -898- LRB9111045EGfg 1IN THE TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS.2ALSO:3PARCEL ONE:4LOT 5 OF LARSON'S SUBDIVISION, TOWNSHIP OF OSWEGO,5KENDALL COUNTY, ILLINOIS.6PARCEL TWO:7THAT PART OF THE SOUTHWEST 1/4 OF SECTION 5,8TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD9PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING10AT THE INTERSECTION OF THE SOUTH LINE OF SAID11SECTION 5 WITH THE CENTER LINE OF ILLINOIS STATE12ROUTE NUMBER 31; THENCE NORTH 6 DEGREES 44 MINUTES13EAST ALONG SAID CENTER LINE 745.75 FEET; THENCE14SOUTH 82 DEGREES 30 MINUTES EAST 100 FEET TO THE15POINT OF BEGINNING; THENCE SOUTHWESTERLY AT RIGHT16ANGLES WITH THE LAST DESCRIBED COURSE, 110 FEET;17THENCE SOUTH 83 DEGREES 30 MINUTES EAST TO THE18CENTER THREAD OF THE FOX RIVER; THENCE NORTHERLY19ALONG SAID CENTER THREAD TO A LINE DRAWN SOUTH 8220DEGREES 30 MINUTES EAST FOR THE POINT OF BEGINNING;21THENCE NORTH 82 DEGREES 30 MINUTES WEST TO THE POINT22OF BEGINNING; IN THE TOWNSHIP OF OSWEGO, KENDALL23COUNTY, ILLINOIS.24ALSO:25THAT PART OF THE SOUTH 1/2 OF THE WEST PART OF26SECTION 5, TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE27THIRD PRINCIPAL MERIDIAN WHICH LIES EAST OF THE28CENTER LINE OF STATE ROUTE NO. 31 AND SOUTH OF A29LINE EXTENDING SOUTH 82 DEGREES 30 MINUTES EAST FROM30A POINT IN THE SAID CENTER LINE OF SAID HIGHWAY THAT31IS NORTH 6 DEGREES 44 MINUTES EAST 745.75 FEET FROM32THE SOUTH LINE OF SAID SECTION TO THE CENTER THREAD33OF THE FOX RIVER (EXCEPT THE RIGHT OF WAY OF THE34SAID STATE ROUTE NO. 31 AND A STRIP IN THE NORTHWESTSB1591 Engrossed -899- LRB9111045EGfg 1CORNER 67 FEET WIDE AND 325 FEET LONG MEASURED ALONG2THE EASTERLY LINE OF SAID HIGHWAY, USED FOR CEMETERY3PURPOSES, AND ALSO EXCEPT THAT PART LYING SOUTH OF4THE NORTH LINE OF PREMISES CONVEYED TO THE5COMMONWEALTH EDISON COMPANY BY WARRANTY DEED6RECORDED OCTOBER 9, 1959 AS DOCUMENT 127020 AND ALSO7EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT8THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 59WITH THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 31;10THENCE NORTH 6 DEGREES 44 MINUTES EAST ALONG SAID11CENTER LINE 745.75 FEET; THENCE SOUTH 82 DEGREES 3012MINUTES EAST 100 FEET FOR THE POINT OF BEGINNING;13THENCE SOUTHWESTERLY AT RIGHT ANGLES WITH THE LAST14DESCRIBED COURSE, 110 FEET; THENCE SOUTH 82 DEGREES1530 MINUTES EAST TO THE CENTER THREAD OF THE FOX16RIVER; THENCE NORTHERLY ALONG SAID CENTER THREAD TO17A LINE DRAWN SOUTH 82 DEGREES 30 MINUTES EAST FROM18THE POINT OF BEGINNING; THENCE NORTH 82 DEGREES 3019MINUTES WEST TO THE POINT OF BEGINNING), IN THE20TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS;21(88) for a period of 12 months after the effective22date of this amendatory Act of the 91st General Assembly,23by St. Clair County, for the acquisition of property24necessary for the purpose of the following county road25improvements in the City of O'Fallon and the Village of26Shiloh: Section 95-00301-02-PV, Hartman Lane to27Shiloh-O'Fallon Road, 2.45 miles of concrete pavement, 2428feet wide, 10-foot shoulders, a 95-foot single-span29bridge, earthwork, and traffic signals;30(89) for a period of 12 months after the effective31date of this amendatory Act of the 91st General Assembly,32by St. Clair County, for the acquisition of property33necessary for the purpose of the following county road34improvements in the City of Fairview Heights: SectionSB1591 Engrossed -900- LRB9111045EGfg 197-00301-04-PV, Metro-Link Station to Illinois Route 159,22.04 miles of concrete pavement, 24 feet wide, 10-foot3shoulders, earthwork, and traffic signals;4(90) for a period of 12 months after the effective5date of this amendatory Act of the 91st General Assembly,6by St. Clair County, for the acquisition of property7necessary for the purpose of the following county road8improvements in the City of O'Fallon: Section997-03080-05-PV, Jennifer Court to Station 122+50, 1.5210miles of concrete pavement, 24 to 40 feet wide, 10-foot11shoulders, earthwork, storm sewers, curbs, and gutters;12(91) for a period of 12 months after the effective13date of this amendatory Act of the 91st General Assembly,14by Madison County, for the acquisition of property15necessary for the purpose of approximately 2.4 miles of16roadwork commencing at the intersection of Illinois Route17143 northerly over, adjacent to, and near the location of18County Highway 19 (locally known as Birch Drive) to the19intersection of Buchts Road, traversing through land20sections 19, 20, 29, 30, and 31 of Ft. Russell Township,21the work to consist of excavation, fill placement,22concrete structures, and an aggregate and bituminous base23with bituminous binder and surfacing;24(92) for a period of 2 years after the effective25date of this amendatory Act of the 91st General Assembly,26by Lake County, for the acquisition of property necessary27for the purpose of improving County Highway 70 (Hawley28Street) from Chevy Chase Road to County Highway 2629(Gilmer Road);30(93) for a period of 12 months after the effective31date of this amendatory Act of the 91st General Assembly,32by Kendall County, for the acquisition of the following33described property for the purpose of road construction34or improvements, including construction of a bridge andSB1591 Engrossed -901- LRB9111045EGfg 1related improvements:2THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 373NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,4KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING5AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S62ND SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 897DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET ALONG THE8EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 4 TO THE9CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 2710MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG THE CENTER11LINE OF MINKLER ROAD TO THE CENTER LINE OF ILLINOIS ROUTE1271; THENCE NORTH 0 DEGREES 53 MINUTES 06 SECONDS WEST,131,084.14 FEET ALONG THE CENTER LINE OF MINKLER ROAD AND14THE NORTHERLY EXTENSION THEREOF TO THE NORTH RIGHT-OF-WAY15LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD FOR THE16POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 5317MINUTES 06 SECONDS WEST, 12.95 FEET TO THE SOUTH BANK OF18THE FOX RIVER; THENCE NORTH 84 DEGREES 02 MINUTES 1819SECONDS EAST, 192.09 FEET ALONG SAID SOUTH BANK; THENCE20SOUTH 23 DEGREES 08 MINUTES 48 SECONDS EAST, 4.22 FEET TO21THE NORTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN22SANTA FE RAILROAD; THENCE SOUTHWESTERLY, 194.71 FEET23ALONG A 3,956.53 FOOT RADIUS CURVE TO THE LEFT WHOSE24CHORD BEARS SOUTH 81 DEGREES 25 MINUTES 34 SECONDS WEST,25194.69 FEET TO THE POINT OF BEGINNING.26AND:27THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 3728NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,29KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING30AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S312ND SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 8932DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET ALONG THE33EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 4 TO THE34CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27SB1591 Engrossed -902- LRB9111045EGfg 1MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG THE CENTER2LINE OF MINKLER ROAD TO THE CENTER LINE OF ILLINOIS ROUTE371 FOR THE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 534MINUTES 06 SECONDS WEST, 52.33 FEET ALONG THE CENTER LINE5OF MINKLER ROAD; THENCE NORTH 72 DEGREES 01 MINUTES 366SECONDS EAST, 130.87 FEET ALONG THE NORTH RIGHT-OF-WAY7LINE OF ILLINOIS ROUTE 71; THENCE NORTH 18 DEGREES 098MINUTES 27 SECONDS WEST, 111.00 FEET; THENCE NORTH 749DEGREES 41 MINUTES 24 SECONDS EAST, 40.24 FEET; THENCE10NORTH 3 DEGREES 05 MINUTES 16 SECONDS WEST, 239.00 FEET;11THENCE SOUTH 89 DEGREES 29 MINUTES 13 SECONDS WEST, 69.6212FEET; THENCE SOUTH 43 DEGREES 09 MINUTES 14 SECONDS WEST,1346.47 FEET; THENCE SOUTH 89 DEGREES 06 MINUTES 54 SECONDS14WEST, 20.00 FEET TO THE CENTER LINE OF MINKLER ROAD;15THENCE NORTH 0 DEGREES 53 MINUTES 06 SECONDS WEST, 595.4816FEET ALONG SAID CENTER LINE AND SAID CENTER LINE EXTENDED17NORTHERLY TO THE SOUTH RIGHT-OF-WAY LINE OF THE18BURLINGTON NORTHERN SANTA FE RAILROAD; THENCE EASTERLY,19222.77 FEET ALONG A 3,881.53 FOOT RADIUS CURVE TO THE20RIGHT WHOSE CHORD BEARS NORTH 81 DEGREES 28 MINUTES 5921SECONDS EAST, 222.74 FEET; THENCE SOUTH 20 DEGREES 4322MINUTES 16 SECONDS EAST, 119.40 FEET; THENCE SOUTHERLY,23237.80 FEET ALONG A 717.37 FEET RADIUS CURVE TO THE RIGHT24WHOSE CHORD BEARS SOUTH 11 DEGREES 13 MINUTES 29 SECONDS25EAST, 236.71 FEET; THENCE SOUTH 1 DEGREES 43 MINUTES 4226SECONDS EAST, 471.58 FEET; THENCE SOUTH 55 DEGREES 3127MINUTES 50 SECONDS EAST, 63.07 FEET; THENCE NORTH 7228DEGREES 01 MINUTES 36 SECONDS EAST, 86.50 FEET; THENCE29SOUTH 17 DEGREES 58 MINUTES 24 SECONDS EAST, 20.00 FEET30TO THE EXISTING NORTH RIGHT-OF-WAY LINE OF ILLINOIS ROUTE3171; THENCE NORTH 72 DEGREES 01 MINUTES 36 SECONDS EAST,32350.00 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE OF33ILLINOIS ROUTE 71; THENCE SOUTH 17 DEGREES 58 MINUTES 2434SECONDS EAST, 50.00 FEET TO THE CENTER LINE OF ILLINOISSB1591 Engrossed -903- LRB9111045EGfg 1ROUTE 71; THENCE SOUTH 72 DEGREES 01 MINUTES 36 SECONDS2WEST, 836.88 FEET ALONG SAID CENTER LINE TO THE POINT OF3BEGINNING.4AND:5THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 376NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,7KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:8COMMENCING AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE9C. HERREN'S 2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING10NORTH 89 DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET11ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID12LOT 4 TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 013DEGREES 27 MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG14SAID CENTER LINE TO THE CENTER LINE OF ILLINOIS ROUTE 7115FOR THE POINT OF BEGINNING; THENCE NORTH 72 DEGREES 0116MINUTES 36 SECONDS EAST, 836.88 FEET ALONG THE CENTER17LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 17 DEGREES 5818MINUTES 24 SECONDS EAST, 50.00 FEET TO THE SOUTH19RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 6420DEGREES 54 MINUTES 06 SECONDS WEST, 201.56 FEET; THENCE21SOUTH 72 DEGREES 01 MINUTES 36 SECONDS WEST, 331.43 FEET;22THENCE SOUTH 1 DEGREES 55 MINUTES 17 SECONDS WEST, 144.0923FEET; THENCE SOUTHERLY 327.44 FEET ALONG AN 853.94 FOOT24RADIUS CURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 1225DEGREES 54 MINUTES 22 SECONDS WEST, 325.44 FEET; THENCE26SOUTH 23 DEGREES 53 MINUTES 28 SECONDS WEST, 211.5227FEET; THENCE SOUTHERLY 289.43 FEET ALONG A 673.94 FOOT28RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS SOUTH 1129DEGREES 35 MINUTES 17 SECONDS WEST, 287.21 FEET; THENCE30SOUTH 0 DEGREES 42 MINUTES 55 SECONDS EAST, 135.43 FEET;31THENCE SOUTH 89 DEGREES 17 MINUTES 05 SECONDS WEST, 85.9832FEET TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 033DEGREES 27 MINUTES 55 SECONDS WEST, 459.31 FEET ALONG34SAID CENTER LINE; THENCE NORTH 21 DEGREES 25 MINUTES 47SB1591 Engrossed -904- LRB9111045EGfg 1SECONDS EAST, 232.86 FEET; THENCE NORTHERLY 266.09 FEET2ALONG A 693.94 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD3BEARS NORTH 12 DEGREES 54 MINUTES 22 SECONDS EAST, 264.464FEET; THENCE NORTH 1 DEGREES 55 MINUTES 17 SECONDS EAST,564.92 FEET; THENCE NORTH 53 DEGREES 01 MINUTES 20 SECONDS6WEST, 30.54 FEET; THENCE SOUTH 72 DEGREES 01 MINUTES 367SECONDS WEST, 132.59 FEET TO THE CENTER LINE OF MINKLER8ROAD; THENCE NORTH 0 DEGREES 27 MINUTES 55 SECONDS WEST,973.38 FEET ALONG SAID CENTER LINE TO THE POINT OF10BEGINNING;11(94) For a period of 2 years after the effective12date of this amendatory Act of the 91st General Assembly,13by DuPage Public Safety Communications (DU-COMM), a unit14of intergovernmental cooperation, for the acquisition of15property including land, buildings, towers, fixtures, and16other improvements located at Cloverdale, Illinois and17described as follows:18A tract or parcel of land situated in the Southeast19Quarter (SE 1/4) of Section Twenty-one (21), Township20Forty (40) North, Range Ten (10) East of the Third21Principal Meridian, more particularly described as22follows:23Commencing at the Southwest corner of the24Southeast Quarter (SE 1/4) of said Section25Twenty-one (21), measure North, along the West line26of the Southeast Quarter (SE 1/4) of said Section27Twenty-one (21) 1287.35 feet, then East at right28angles to the said West line of the Southeast29Quarter (SE 1/4) of said Section Twenty-one (21),30292.57 feet to the point of beginning;31Thence East along the last described course32208.71 feet, thence South at right angles to the33last described course 208.71 feet, thence West at34right angles to the last described course 208.71SB1591 Engrossed -905- LRB9111045EGfg 1feet, thence North in a direct line 208.71 feet to2the point of beginning; also3A right of way and easement thirty-three (33) feet4in width for the construction, maintenance, and use of5(a) a roadway suitable for vehicular traffic, and (b)6such aerial or underground electric power and7communication lines as said Company may from time to time8desire, consisting of poles, wires, cables, conduits,9guys, anchors, and other fixtures and appurtenances, the10center line of which right of way and easement is11described as follows:12Commencing at a point on the West line of the13tract or parcel of land above described, distant14Southerly 16.5 feet from the Northwest corner of15said tract or parcel, thence Westerly at right16angles to the West line of the Southeast Quarter (SE171/4) of said Section Twenty-one (21), 293 feet more18or less to the public road situated on the West line19of the Southeast Quarter (SE 1/4) of said Section20Twenty-one (21), Township and Range aforesaid;21(95) for a period of 3 years after the effective date of22this amendatory Act of the 91st General Assembly (in the case23of the permanent easements described in items (A) and (C)),24by the City of Crest Hill, for acquisition of the following25easements:26(A) Permanent easement for the purposes of27installation, maintenance, and use of water or sewer, or28both water and sewer, lines in, along, through, and under29the following legally described property:30The East 70 feet of the North half of the North half31of the Southeast Quarter of Section 30, Township 3632North, and in Range 10, East of the Third Principal33Meridian (Except therefrom the North 12 Rods of the East3413 1/2 Rods thereof, and also except the South 99 feet ofSB1591 Engrossed -906- LRB9111045EGfg 1the East 440 feet thereof), in Will County, Illinois.2(B) Temporary easement for purposes of initial3construction of the water or sewer, or both water and4sewer, lines in, along, through, and under the permanent5easement described in item (A). The temporary easement6herein shall arise on September 1, 1999 and shall cease7on August 31, 2001 and is legally described as follows:8The East 100 feet of the North half of the North9half of the Southeast Quarter of Section 30, Township 3610North, and in Range 10, East of the Third Principal11Meridian (Except therefrom the North 12 Rods of the East1213 1/2 Rods thereof, and also except the South 99 feet of13the East 440 feet thereof), in Will County, Illinois.14(C) Permanent easement for the purposes of15installation, maintenance, and use of water or sewer, or16both water and sewer, lines in, along, through, and under17the following legally described property:18The East 70 feet of the West 120 feet of the South19half of the Southeast Quarter of Section 30, in township2036 North, and in Range 10 East of the Third Principal21Meridian, in Will County, Illinois, excepting therefrom22the following described tracts:23Exception 1: That part of said South half lying24Southwesterly of the Northeasterly right-of-way line of25the Elgin, Joliet and Eastern Railway Company, in Will26County, Illinois.27Exception 2: The West 200 feet of said South half,28in Will County, Illinois.29Exception 3: That part of the South half of the30Southeast Quarter of Section 30, Township 36 North, and31in Range 10 East of the Third Principal Meridian,32described as follows: Beginning at a point 250 feet East33of the West line of said South half of the Southeast34Quarter and 180.58 feet North of the South line of saidSB1591 Engrossed -907- LRB9111045EGfg 1South half of the Southeast Quarter; thence North along a2line 250 feet East of and parallel with the West line of3said Southeast Quarter a distance of 1004.55 feet to a4point; thence Northwesterly along a diagonal line 65.855feet to its intersection with a line drawn 200 feet East6of and parallel to the West line of said Southeast7Quarter, said point also being 100.75 feet South of the8North line of the South half of said Southeast Quarter,9as measured along said parallel line; thence South along10the last described parallel line a distance of 1045.0211feet to a point 50 feet West of the point of beginning12and 180.58 feet North of the South line of said Southeast13Quarter; thence East 50 feet to the point of beginning,14in Will County, Illinois.15Exception 4: Beginning at the Southeast corner of16the Southeast Quarter of Section 30, Township 36 North,17and in Range 10 East of the Third Principal Meridian,18thence Northerly along the East line of said Section for19a distance of 346.5 feet; thence Westerly along a line20346.5 feet distant from and parallel with the South line21of said Section for a distance of 297 feet; thence22Southerly along a line 297 feet distant from and parallel23with the East line of said Section for a distance of24346.5 feet to a point, said point being on the South line25of said Section; thence Easterly along said South line of26said Section 297 feet to the point of beginning, in Will27County, Illinois.28Exception 5: That part dedicated for highway29purposes in instrument recorded January 28, 1986 as30Document No. R86-03205 described as follows: That part of31the South half of the Southeast Quarter of Section 30,32Township 36 North, and in Range 10 East of the Third33Principal Meridian bounded and described as follows:34Beginning at the point of intersection of theSB1591 Engrossed -908- LRB9111045EGfg 1Northeasterly right-of-way line of the Elgin, Joliet and2Eastern Railway Company with the South line of said3Southeast Quarter, thence on an assumed bearing of North490.00 degrees 00 minutes 00 seconds East along said South5line a distance of 288.02 feet; thence North 00 degrees600 minutes 00 seconds East a distance of 33.0 feet;7thence North 86 degrees 25 minutes 22 seconds West a8distance of 352.57 feet to the Northeasterly right-of-way9line of said railway company; thence South 49 degrees 1510minutes 53 seconds East along said Northeasterly11right-of-way line, a distance of 84.28 feet to the point12of beginning, in Will County, Illinois.13Exception 6: The North 850 feet of the East 102514feet of the South half of the Southeast Quarter of15Section 30, Township 36 North, and in Range 10 East of16the Third Principal Meridian, in Will County, Illinois.17(D) Temporary easement for purposes of initial18construction of the water or sewer, or both water and19sewer, lines in, along, through, and under the permanent20easement described in item (C). The temporary easement21herein shall arise on September 1, 1999 and shall cease22on August 31, 2001 and is legally described as follows:23The East 100 feet of the West 150 feet of the South24half of the Southeast Quarter of Section 30, in Township2536 North, and in Range 10 East of the Third Principal26Meridian, in Will County, Illinois, excepting therefrom27the following described tracts:28Exception 1: That part of said South half lying29Southwesterly of the Northeasterly right-of-way line of30the Elgin, Joliet and Eastern Railway Company, in Will31County, Illinois.32Exception 2: The West 200 feet of said South half,33in Will County, Illinois.34Exception 3: That part of the South half of theSB1591 Engrossed -909- LRB9111045EGfg 1Southeast Quarter of Section 30, Township 36 North, and2in Range 10 East of the Third Principal Meridian,3described as follows: Beginning at a point 250 feet East4of the West line of said South half of the Southeast5Quarter and 180.58 feet North of the South line of said6South half of the Southeast Quarter; thence North along a7line 250 feet East of and parallel with the West line of8said southeast Quarter a distance of 1004.55 feet to a9point; thence Northwesterly along a diagonal line 65.8510feet to its intersection with a line drawn 200 feet East11of and parallel to the West line of said Southeast12Quarter, said point also being 100.75 feet South of the13North line of the South half of said Southeast Quarter,14as measured along said parallel line; thence South along15the last described parallel line a distance of 1045.0216feet to a point 50 feet West of the point of beginning17and 180.58 feet North of the South line of said Southeast18Quarter; thence East 50 feet to the point of beginning,19in Will County, Illinois.20Exception 4: Beginning at the Southeast corner of21the Southeast Quarter of Section 30, Township 36 North,22and in Range 10 East of the Third Principal Meridian,23thence Northerly along the East line of said Section for24a distance of 346.5 feet; thence Westerly along a line25346.5 feet distant from and parallel with the South line26of said Section for a distance of 297 feet; thence27Southerly along a line 297 feet distant from and parallel28with the East line of said Section for a distance of29346.5 feet to a point, said point being on the South line30of said Section; thence Easterly along said South line of31said Section 297 feet to the point of beginning, in Will32County, Illinois.33Exception 5: That part dedicated for highway34purposes in instrument recorded January 28, 1986 asSB1591 Engrossed -910- LRB9111045EGfg 1Document No. R86-03205 described as follows: That part of2the South half of the Southeast Quarter of Section 30,3Township 36 North, and in Range 10 East of the Third4Principal Meridian bounded and described as follows:5Beginning at the point of intersection of the6Northeasterly right-of-way line of the Elgin, Joliet and7Eastern Railway Company with the South line of said8Southeast Quarter; thence on an assumed bearing of North990.00 degrees 00 minutes 00 seconds East along said South10line a distance of 288.02 feet; thence North 00 degrees1100 minutes 00 seconds East a distance of 33.0 feet;12thence North 86 degrees 25 minutes 22 seconds West a13distance of 352.57 feet to the Northeasterly right-of-way14line of said railway company; thence South 49 degrees 1515minutes 53 seconds East along said Northeasterly16right-of-way line, a distance of 84.28 feet to the point17of beginning, in Will County, Illinois.18Exception 6: The North 850 feet of the East 102519feet of the South half of the Southeast Quarter of20Section 30, Township 36 North, and in Range 10 East of21the Third Principal Meridian, in Will County, Illinois;22(96) for a period of 4 years after the effective date of23this amendatory Act of the 91st General Assembly, by the24Village of Palatine, for the acquisition of the following25described property for the purpose of revitalizing the26downtown business area:27Lots 1 through 3 in Block D of the Subdivision of the28North 24.60 acres in the NE 1/4 of the NE 1/4 of Section 22,29Township 42, Range 10 East of the Third Principal Meridian,30in Cook County, IL;31Property bounded by Bothwell Street, Railroad32right-of-way, Plum Grove Road and Chicago Avenue in the33Village of Palatine;34Lots 1 through 8 in Block K, of the Town of Palatine, aSB1591 Engrossed -911- LRB9111045EGfg 1subdivision of the West 16 2/3 acres of the South 31 acres of2the West 1/2 of the Southwest 1/4 of Section 14 and the3Southeast 24.12 acres of the South 31 acres of the East 1/24of the Southeast 1/4 of Section 15, Township 42 North, Range510, East of the Third Principal Meridian, Ante-Fire,6Re-recorded April 10, 1877 as Document 129579, in Cook7County, Illinois;8Property bounded by Wilson Street, Plum Grove Road, Slade9Street, Railroad right-of-way and Bothwell Street in the10Village of Palatine;11Lots 1 through 8 in Block 8 of the Subdivision of part of12the East 1/2 of the SE 1/4 Section, Ante-Fire, Re-recorded on13April 10, 1877 as Document Number 129579;14Lots 20 and 21 and the West 71.25 feet of Lot 24 of15Arthur T. McIntosh and Company's Palatine Farms, being a16subdivision of Section 16, Township 42, Range 10 East of the17Third Principal Meridian, in Cook County, IL, recorded on18June 16, 1919;19Lots 1 through 3 of Millin's Subdivision of the SE 1/4 of20Section 15, Township 42, Range 10 East of the Third21Principal Meridian, in Cook County, IL;22Property bounded by Colfax Street, Smith Street and23Millin's Subdivision of the SE 1/4 of Section 15, Township2442, Range 10 East of the Third Principal Meridian, in Cook25County, IL;26Property bounded by Wood Street, Brockway Street and27Railroad right-of-way in the Village of Palatine;28Lots 45 through 50 and 58 through 64 of Arthur T.29McIntosh and Company's Palatine Farms, being a subdivision of30Section 16, Township 42, Range 10 East of the Third Principal31Meridian, in Cook County, IL, recorded on June 16, 1919; and32Property bounded by Railroad right-of-way, Brockway Street33and Slade Street in the Village of Palatine.34 (b) In a proceeding subject to this Section, the SB1591 Engrossed -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 SB1591 Engrossed -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 4836months 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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; SB1591 Engrossed -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; SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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) SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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) SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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.) SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 151of the Non-Support 10 Punishmentof Spouse and ChildrenAct may be prosecuted under 11 that ActSection, and a person convicted under that Act 12Sectionmay be sentenced in accordance with that ActSection. 13 The sentence may include but need not be limited to a 14 requirement that the person perform community service under 15 Section 50subsection (b)of that ActSectionor participate 16 in a work alternative program under Section 50subsection (c)17 of that ActSection. A person may not be required to 18 participate in a work alternative program under Section 50 19subsection (c)of that ActSectionif 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 151of the Non-Support 15 Punishmentof Spouse and ChildrenAct may be prosecuted under 16 that ActSection, and a person convicted under that Act 17Sectionmay be sentenced in accordance with that ActSection. 18 The sentence may include but need not be limited to a 19 requirement that the person perform community service under 20 Section 50subsection (b)of that ActSectionor participate 21 in a work alternative program under Section 50subsection (c)22 of that ActSection. A person may not be required to 23 participate in a work alternative program under Section 50 24subsection (c)of that ActSectionif 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 31JobsTraining Partnership Act provider for participation in SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 151of the Non-Support 17 Punishmentof Spouse and ChildrenAct may be prosecuted under 18 that ActSection, and a person convicted under that Act 19Sectionmay be sentenced in accordance with that ActSection. 20 The sentence may include but need not be limited to a 21 requirement that the person perform community service under 22 Section 50subsection (b)of that ActSectionor participate 23 in a work alternative program under Section 50subsection (c)24 of that ActSection. A person may not be required to 25 participate in a work alternative program under Section 50 26subsection (c)of that ActSectionif 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.) SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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; SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 14Minority and FemaleBusiness 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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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. SB1591 Engrossed -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. SB1591 Engrossed -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: SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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, SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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) SB1591 Engrossed -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 SB1591 Engrossed -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 similarsimiliarcharacter 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. SB1591 Engrossed -1053- LRB9111045EGfg 1 Section 999. Effective date. This Act takes effect upon 2 becoming law. SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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 SB1591 Engrossed -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