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92_HB0708eng HB0708 Engrossed LRB9203186EGfg 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 2001 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 In certain cases in which a repealed Act or 15 Section has been replaced with a successor law, this Act 16 incorporates amendments to the repealed Act or Section into 17 the successor law.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 91-937 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. HB0708 Engrossed -2- LRB9203186EGfg 1 Section 5. The Regulatory Sunset Act is amended by 2 changing Sections 4.10, 4.20, and 4.21 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 The following Acts are repealed December 31, 5 1999: 6 The Fire Equipment Distributor and Employee Regulation 7 Act. 8 The Land Sales Registration Act of 1989. 9 (Source: P.A. 91-91, eff.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.) HB0708 Engrossed -3- LRB9203186EGfg 1 (5 ILCS 80/4.21) 2 Sec. 4.21. ActsActrepealed on January 1, 2011. The 3 following Acts areAct isrepealed on January 1, 2011: 4 The Fire Equipment Distributor and Employee Regulation 5 Act of 2000. 6 The Radiation Protection Act of 1990. 7 (Source: P.A. 91-752, eff. 6-2-00; 91-835, eff. 6-16-00; 8 revised 9-1-00.) 9 Section 6.5. The Illinois Administrative Procedure Act 10 is amended by changing Section 10-50 as follows: 11 (5 ILCS 100/10-50) (from Ch. 127, par. 1010-50) 12 Sec. 10-50. Decisions and orders. 13 (a) A final decision or order adverse to a party (other 14 than the agency) in a contested case shall be in writing or 15 stated in the record. A final decision shall include 16 findings of fact and conclusions of law, separately stated. 17 Findings of fact, if set forth in statutory language, shall 18 be accompanied by a concise and explicit statement of the 19 underlying facts supporting the findings. If, in accordance 20 with agency rules, a party submitted proposed findings of 21 fact, the decision shall include a ruling upon each proposed 22 finding. Parties or their agents appointed to receive 23 service of process shall be notified either personally or by 24 registered or certified mail of any decision or order. Upon 25 request a copy of the decision or order shall be delivered or 26 mailed forthwith to each party and to his attorney of record. 27 (b) All agency orders shall specify whether they are 28 final and subject to the Administrative Review Law. 29 (c) A decision by any agency in a contested case under 30 this Act shall be void unless the proceedings are conducted 31 in compliance with the provisions of this Act relating to 32 contested cases, except to the extent those provisions are HB0708 Engrossed -4- LRB9203186EGfg 1 waived under Section 10-7010-75and except to the extent the 2 agency has adopted its own rules for contested cases as 3 authorized in Section 1-5. 4 (Source: P.A. 87-823; revised 2-24-00.) 5 Section 7. The Freedom of Information Act is amended by 6 changing Section 7 as follows: 7 (5 ILCS 140/7) (from Ch. 116, par. 207) 8 Sec. 7. Exemptions. 9 (1) The following shall be exempt from inspection and 10 copying: 11 (a) Information specifically prohibited from 12 disclosure by federal or State law or rules and 13 regulations adopted under federal or State law. 14 (b) Information that, if disclosed, would 15 constitute a clearly unwarranted invasion of personal 16 privacy, unless the disclosure is consented to in writing 17 by the individual subjects of the information. The 18 disclosure of information that bears on the public duties 19 of public employees and officials shall not be considered 20 an invasion of personal privacy. Information exempted 21 under this subsection (b) shall include but is not 22 limited to: 23 (i) files and personal information maintained 24 with respect to clients, patients, residents, 25 students or other individuals receiving social, 26 medical, educational, vocational, financial, 27 supervisory or custodial care or services directly 28 or indirectly from federal agencies or public 29 bodies; 30 (ii) personnel files and personal information 31 maintained with respect to employees, appointees or 32 elected officials of any public body or applicants HB0708 Engrossed -5- LRB9203186EGfg 1 for those positions; 2 (iii) files and personal information 3 maintained with respect to any applicant, registrant 4 or licensee by any public body cooperating with or 5 engaged in professional or occupational 6 registration, licensure or discipline; 7 (iv) information required of any taxpayer in 8 connection with the assessment or collection of any 9 tax unless disclosure is otherwise required by State 10 statute; and 11 (v) information revealing the identity of 12 persons who file complaints with or provide 13 information to administrative, investigative, law 14 enforcement or penal agencies; provided, however, 15 that identification of witnesses to traffic 16 accidents, traffic accident reports, and rescue 17 reports may be provided by agencies of local 18 government, except in a case for which a criminal 19 investigation is ongoing, without constituting a 20 clearly unwarranted per se invasion of personal 21 privacy under this subsection. 22 (c) Records compiled by any public body for 23 administrative enforcement proceedings and any law 24 enforcement or correctional agency for law enforcement 25 purposes or for internal matters of a public body, but 26 only to the extent that disclosure would: 27 (i) interfere with pending or actually and 28 reasonably contemplated law enforcement proceedings 29 conducted by any law enforcement or correctional 30 agency; 31 (ii) interfere with pending administrative 32 enforcement proceedings conducted by any public 33 body; 34 (iii) deprive a person of a fair trial or an HB0708 Engrossed -6- LRB9203186EGfg 1 impartial hearing; 2 (iv) unavoidably disclose the identity of a 3 confidential source or confidential information 4 furnished only by the confidential source; 5 (v) disclose unique or specialized 6 investigative techniques other than those generally 7 used and known or disclose internal documents of 8 correctional agencies related to detection, 9 observation or investigation of incidents of crime 10 or misconduct; 11 (vi) constitute an invasion of personal 12 privacy under subsection (b) of this Section; 13 (vii) endanger the life or physical safety of 14 law enforcement personnel or any other person; or 15 (viii) obstruct an ongoing criminal 16 investigation. 17 (d) Criminal history record information maintained 18 by State or local criminal justice agencies, except the 19 following which shall be open for public inspection and 20 copying: 21 (i) chronologically maintained arrest 22 information, such as traditional arrest logs or 23 blotters; 24 (ii) the name of a person in the custody of a 25 law enforcement agency and the charges for which 26 that person is being held; 27 (iii) court records that are public; 28 (iv) records that are otherwise available 29 under State or local law; or 30 (v) records in which the requesting party is 31 the individual identified, except as provided under 32 part (vii) of paragraph (c) of subsection (1) of 33 this Section. 34 "Criminal history record information" means data HB0708 Engrossed -7- LRB9203186EGfg 1 identifiable to an individual and consisting of 2 descriptions or notations of arrests, detentions, 3 indictments, informations, pre-trial proceedings, trials, 4 or other formal events in the criminal justice system or 5 descriptions or notations of criminal charges (including 6 criminal violations of local municipal ordinances) and 7 the nature of any disposition arising therefrom, 8 including sentencing, court or correctional supervision, 9 rehabilitation and release. The term does not apply to 10 statistical records and reports in which individuals are 11 not identified and from which their identities are not 12 ascertainable, or to information that is for criminal 13 investigative or intelligence purposes. 14 (e) Records that relate to or affect the security 15 of correctional institutions and detention facilities. 16 (f) Preliminary drafts, notes, recommendations, 17 memoranda and other records in which opinions are 18 expressed, or policies or actions are formulated, except 19 that a specific record or relevant portion of a record 20 shall not be exempt when the record is publicly cited and 21 identified by the head of the public body. The exemption 22 provided in this paragraph (f) extends to all those 23 records of officers and agencies of the General Assembly 24 that pertain to the preparation of legislative documents. 25 (g) Trade secrets and commercial or financial 26 information obtained from a person or business where the 27 trade secrets or information are proprietary, privileged 28 or confidential, or where disclosure of the trade secrets 29 or information may cause competitive harm, including all 30 information determined to be confidential under Section 31 4002 of the Technology Advancement and Development Act. 32 Nothing contained in this paragraph (g) shall be 33 construed to prevent a person or business from consenting 34 to disclosure. HB0708 Engrossed -8- LRB9203186EGfg 1 (h) Proposals and bids for any contract, grant, or 2 agreement, including information which if it were 3 disclosed would frustrate procurement or give an 4 advantage to any person proposing to enter into a 5 contractor agreement with the body, until an award or 6 final selection is made. Information prepared by or for 7 the body in preparation of a bid solicitation shall be 8 exempt until an award or final selection is made. 9 (i) Valuable formulae, designs, drawings and 10 research data obtained or produced by any public body 11 when disclosure could reasonably be expected to produce 12 private gain or public loss. 13 (j) Test questions, scoring keys and other 14 examination data used to administer an academic 15 examination or determined the qualifications of an 16 applicant for a license or employment. 17 (k) Architects' plans and engineers' technical 18 submissions for projects not constructed or developed in 19 whole or in part with public funds and for projects 20 constructed or developed with public funds, to the extent 21 that disclosure would compromise security. 22 (l) Library circulation and order records 23 identifying library users with specific materials. 24 (m) Minutes of meetings of public bodies closed to 25 the public as provided in the Open Meetings Act until the 26 public body makes the minutes available to the public 27 under Section 2.06 of the Open Meetings Act. 28 (n) Communications between a public body and an 29 attorney or auditor representing the public body that 30 would not be subject to discovery in litigation, and 31 materials prepared or compiled by or for a public body in 32 anticipation of a criminal, civil or administrative 33 proceeding upon the request of an attorney advising the 34 public body, and materials prepared or compiled with HB0708 Engrossed -9- LRB9203186EGfg 1 respect to internal audits of public bodies. 2 (o) Information received by a primary or secondary 3 school, college or university under its procedures for 4 the evaluation of faculty members by their academic 5 peers. 6 (p) Administrative or technical information 7 associated with automated data processing operations, 8 including but not limited to software, operating 9 protocols, computer program abstracts, file layouts, 10 source listings, object modules, load modules, user 11 guides, documentation pertaining to all logical and 12 physical design of computerized systems, employee 13 manuals, and any other information that, if disclosed, 14 would jeopardize the security of the system or its data 15 or the security of materials exempt under this Section. 16 (q) Documents or materials relating to collective 17 negotiating matters between public bodies and their 18 employees or representatives, except that any final 19 contract or agreement shall be subject to inspection and 20 copying. 21 (r) Drafts, notes, recommendations and memoranda 22 pertaining to the financing and marketing transactions of 23 the public body. The records of ownership, registration, 24 transfer, and exchange of municipal debt obligations, and 25 of persons to whom payment with respect to these 26 obligations is made. 27 (s) The records, documents and information relating 28 to real estate purchase negotiations until those 29 negotiations have been completed or otherwise terminated. 30 With regard to a parcel involved in a pending or actually 31 and reasonably contemplated eminent domain proceeding 32 under Article VII of the Code of Civil Procedure, 33 records, documents and information relating to that 34 parcel shall be exempt except as may be allowed under HB0708 Engrossed -10- LRB9203186EGfg 1 discovery rules adopted by the Illinois Supreme Court. 2 The records, documents and information relating to a real 3 estate sale shall be exempt until a sale is consummated. 4 (t) Any and all proprietary information and records 5 related to the operation of an intergovernmental risk 6 management association or self-insurance pool or jointly 7 self-administered health and accident cooperative or 8 pool. 9 (u) Information concerning a university's 10 adjudication of student or employee grievance or 11 disciplinary cases, to the extent that disclosure would 12 reveal the identity of the student or employee and 13 information concerning any public body's adjudication of 14 student or employee grievances or disciplinary cases, 15 except for the final outcome of the cases. 16 (v) Course materials or research materials used by 17 faculty members. 18 (w) Information related solely to the internal 19 personnel rules and practices of a public body. 20 (x) Information contained in or related to 21 examination, operating, or condition reports prepared by, 22 on behalf of, or for the use of a public body responsible 23 for the regulation or supervision of financial 24 institutions or insurance companies, unless disclosure is 25 otherwise required by State law. 26 (y) Information the disclosure of which is 27 restricted under Section 5-108 of the Public Utilities 28 Act. 29 (z) Manuals or instruction to staff that relate to 30 establishment or collection of liability for any State 31 tax or that relate to investigations by a public body to 32 determine violation of any criminal law. 33 (aa) Applications, related documents, and medical 34 records received by the Experimental Organ HB0708 Engrossed -11- LRB9203186EGfg 1 Transplantation Procedures Board and any and all 2 documents or other records prepared by the Experimental 3 Organ Transplantation Procedures Board or its staff 4 relating to applications it has received. 5 (bb) Insurance or self insurance (including any 6 intergovernmental risk management association or self 7 insurance pool) claims, loss or risk management 8 information, records, data, advice or communications. 9 (cc) Information and records held by the Department 10 of Public Health and its authorized representatives 11 relating to known or suspected cases of sexually 12 transmissible disease or any information the disclosure 13 of which is restricted under the Illinois Sexually 14 Transmissible Disease Control Act. 15 (dd) Information the disclosure of which is 16 exempted under Section 30 of the Radon Industry Licensing 17 Act. 18 (ee) Firm performance evaluations under Section 55 19 of the Architectural, Engineering, and Land Surveying 20 Qualifications Based Selection Act. 21 (ff) Security portions of system safety program 22 plans, investigation reports, surveys, schedules, lists, 23 data, or information compiled, collected, or prepared by 24 or for the Regional Transportation Authority under 25 Section 2.11 of the Regional Transportation Authority Act 26 or the State of Missouri under the Bi-State Transit 27 Safety Act. 28 (gg) Information the disclosure of which is 29 restricted and exempted under Section 50 of the Illinois 30 Prepaid Tuition Act. 31 (hh) Information the disclosure of which is 32 exempted under Section 80 of the State Gift Ban Act. 33 (ii) Beginning July 1, 1999, information that would 34 disclose or might lead to the disclosure of secret or HB0708 Engrossed -12- LRB9203186EGfg 1 confidential information, codes, algorithms, programs, or 2 private keys intended to be used to create electronic or 3 digital signatures under the Electronic Commerce Security 4 Act. 5 (jj) Information contained in a local emergency 6 energy plan submitted to a municipality in accordance 7 with a local emergency energy plan ordinance that is 8 adopted under Section 11-21.5-5 of the Illinois Municipal 9 Code. 10 (kk)(jj)Information and data concerning the 11 distribution of surcharge moneys collected and remitted 12 by wireless carriers under the Wireless Emergency 13 Telephone Safety Act. 14 (2) This Section does not authorize withholding of 15 information or limit the availability of records to the 16 public, except as stated in this Section or otherwise 17 provided in this Act. 18 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97; 19 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff. 20 1-1-99; 90-759, eff. 7-1-99; 91-137, eff. 7-16-99; 91-357, 21 eff. 7-29-99; 91-660, eff. 12-22-99; revised 1-17-00.) 22 Section 8. The State Records Act is amended by changing 23 Section 4a as follows: 24 (5 ILCS 160/4a) 25 Sec. 4a. Arrest reports. 26 (a) When an individual is arrested, the following 27 information must be made available to the news media for 28 inspection and copying: 29 (1) Information that identifies the individual 30person, including the name, age, address, and photograph, 31 when and if available. 32 (2) Information detailing any charges relating to HB0708 Engrossed -13- LRB9203186EGfg 1 the arrest. 2 (3) The time and location of the arrest. 3 (4) The name of the investigating or arresting law 4 enforcement agency. 5 (5) If the individual is incarcerated, the amount 6 of any bail or bond. 7 (6) If the individual is incarcerated, the time and 8 date that the individual was received, discharged, or 9 transferred from the arresting agency's custody. 10 (b) The information required by this Section must be 11 made available to the news media for inspection and copying 12 as soon as practicable, but in no event shall the time period 13 exceed 72 hours from the arrest. The information described 14 in paragraphs (3), (4), (5), and (6)3, 4, 5, and 6of 15 subsection (a), however, may be withheld if it is determined 16 that disclosure would: 17 (1) interfere with pending or actually and 18 reasonably contemplated law enforcement proceedings 19 conducted by any law enforcement or correctional agency; 20 (2) endanger the life or physical safety of law 21 enforcement or correctional personnel or any other 22 person; or 23 (3) compromise the security of any correctional 24 facility. 25 (c) For the purposes of this Section, the term "news 26 media" means personnel of a newspaper or other periodical 27 issued at regular intervals, a news service, a radio station, 28 a television station, a community antenna television service, 29 or a person or corporation engaged in making news reels or 30 other motion picture news for public showing. 31 (d) Each law enforcement or correctional agency may 32 charge fees for arrest records, but in no instance may the 33 fee exceed the actual cost of copying and reproduction. The 34 fees may not include the cost of the labor used to reproduce HB0708 Engrossed -14- LRB9203186EGfg 1 the arrest record. 2 (e) The provisions of this Section do not supersede the 3 confidentiality provisions for arrest records of the Juvenile 4 Court Act of 1987. 5 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.) 6 Section 9. The State Employees Group Insurance Act of 7 1971 is amended by changing Sections 3 and 10 and by changing 8 and renumbering multiple versions of Section 6.12 as follows: 9 (5 ILCS 375/3) (from Ch. 127, par. 523) 10 Sec. 3. Definitions. Unless the context otherwise 11 requires, the following words and phrases as used in this Act 12 shall have the following meanings. The Department may define 13 these and other words and phrases separately for the purpose 14 of implementing specific programs providing benefits under 15 this Act. 16 (a) "Administrative service organization" means any 17 person, firm or corporation experienced in the handling of 18 claims which is fully qualified, financially sound and 19 capable of meeting the service requirements of a contract of 20 administration executed with the Department. 21 (b) "Annuitant" means (1) an employee who retires, or 22 has retired, on or after January 1, 1966 on an immediate 23 annuity under the provisions of Articles 2, 14, 15 (including 24 an employee who has retired under the optional retirement 25 program established under Section 15-158.2), paragraphs (2), 26 (3), or (5) of Section 16-106, or Article 18 of the Illinois 27 Pension Code; (2) any person who was receiving group 28 insurance coverage under this Act as of March 31, 1978 by 29 reason of his status as an annuitant, even though the annuity 30 in relation to which such coverage was provided is a 31 proportional annuity based on less than the minimum period of 32 service required for a retirement annuity in the system HB0708 Engrossed -15- LRB9203186EGfg 1 involved; (3) any person not otherwise covered by this Act 2 who has retired as a participating member under Article 2 of 3 the Illinois Pension Code but is ineligible for the 4 retirement annuity under Section 2-119 of the Illinois 5 Pension Code; (4) the spouse of any person who is receiving a 6 retirement annuity under Article 18 of the Illinois Pension 7 Code and who is covered under a group health insurance 8 program sponsored by a governmental employer other than the 9 State of Illinois and who has irrevocably elected to waive 10 his or her coverage under this Act and to have his or her 11 spouse considered as the "annuitant" under this Act and not 12 as a "dependent"; or (5) an employee who retires, or has 13 retired, from a qualified position, as determined according 14 to rules promulgated by the Director, under a qualified local 15 government or a qualified rehabilitation facility or a 16 qualified domestic violence shelter or service. (For 17 definition of "retired employee", see (p) post). 18 (b-5) "New SERS annuitant" means a person who, on or 19 after January 1, 1998, becomes an annuitant, as defined in 20 subsection (b), by virtue of beginning to receive a 21 retirement annuity under Article 14 of the Illinois Pension 22 Code, and is eligible to participate in the basic program of 23 group health benefits provided for annuitants under this Act. 24 (b-6) "New SURS annuitant" means a person who (1) on or 25 after January 1, 1998, becomes an annuitant, as defined in 26 subsection (b), by virtue of beginning to receive a 27 retirement annuity under Article 15 of the Illinois Pension 28 Code, (2) has not made the election authorized under Section 29 15-135.1 of the Illinois Pension Code, and (3) is eligible to 30 participate in the basic program of group health benefits 31 provided for annuitants under this Act. 32 (b-7) "New TRS State annuitant" means a person who, on 33 or after July 1, 1998, becomes an annuitant, as defined in 34 subsection (b), by virtue of beginning to receive a HB0708 Engrossed -16- LRB9203186EGfg 1 retirement annuity under Article 16 of the Illinois Pension 2 Code based on service as a teacher as defined in paragraph 3 (2), (3), or (5) of Section 16-106 of that Code, and is 4 eligible to participate in the basic program of group health 5 benefits provided for annuitants under this Act. 6 (c) "Carrier" means (1) an insurance company, a 7 corporation organized under the Limited Health Service 8 Organization Act or the Voluntary Health Services Plan Act, a 9 partnership, or other nongovernmental organization, which is 10 authorized to do group life or group health insurance 11 business in Illinois, or (2) the State of Illinois as a 12 self-insurer. 13 (d) "Compensation" means salary or wages payable on a 14 regular payroll by the State Treasurer on a warrant of the 15 State Comptroller out of any State, trust or federal fund, or 16 by the Governor of the State through a disbursing officer of 17 the State out of a trust or out of federal funds, or by any 18 Department out of State, trust, federal or other funds held 19 by the State Treasurer or the Department, to any person for 20 personal services currently performed, and ordinary or 21 accidental disability benefits under Articles 2, 14, 15 22 (including ordinary or accidental disability benefits under 23 the optional retirement program established under Section 24 15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or 25 Article 18 of the Illinois Pension Code, for disability 26 incurred after January 1, 1966, or benefits payable under the 27 Workers' Compensation or Occupational Diseases Act or 28 benefits payable under a sick pay plan established in 29 accordance with Section 36 of the State Finance Act. 30 "Compensation" also means salary or wages paid to an employee 31 of any qualified local government or qualified rehabilitation 32 facility or a qualified domestic violence shelter or service. 33 (e) "Commission" means the State Employees Group 34 Insurance Advisory Commission authorized by this Act. HB0708 Engrossed -17- LRB9203186EGfg 1 Commencing July 1, 1984, "Commission" as used in this Act 2 means the Illinois Economic and Fiscal Commission as 3 established by the Legislative Commission Reorganization Act 4 of 1984. 5 (f) "Contributory", when referred to as contributory 6 coverage, shall mean optional coverages or benefits elected 7 by the member toward the cost of which such member makes 8 contribution, or which are funded in whole or in part through 9 the acceptance of a reduction in earnings or the foregoing of 10 an increase in earnings by an employee, as distinguished from 11 noncontributory coverage or benefits which are paid entirely 12 by the State of Illinois without reduction of the member's 13 salary. 14 (g) "Department" means any department, institution, 15 board, commission, officer, court or any agency of the State 16 government receiving appropriations and having power to 17 certify payrolls to the Comptroller authorizing payments of 18 salary and wages against such appropriations as are made by 19 the General Assembly from any State fund, or against trust 20 funds held by the State Treasurer and includes boards of 21 trustees of the retirement systems created by Articles 2, 14, 22 15, 16 and 18 of the Illinois Pension Code. "Department" 23 also includes the Illinois Comprehensive Health Insurance 24 Board, the Board of Examiners established under the Illinois 25 Public Accounting Act, and the Illinois Rural Bond Bank. 26 (h) "Dependent", when the term is used in the context of 27 the health and life plan, means a member's spouse and any 28 unmarried child (1) from birth to age 19 including an adopted 29 child, a child who lives with the member from the time of the 30 filing of a petition for adoption until entry of an order of 31 adoption, a stepchild or recognized child who lives with the 32 member in a parent-child relationship, or a child who lives 33 with the member if such member is a court appointed guardian 34 of the child, or (2) age 19 to 23 enrolled as a full-time HB0708 Engrossed -18- LRB9203186EGfg 1 student in any accredited school, financially dependent upon 2 the member, and eligible to be claimed as a dependent for 3 income tax purposes, or (3) age 19 or over who is mentally or 4 physically handicapped. For the health plan only, the term 5 "dependent" also includes any person enrolled prior to the 6 effective date of this Section who is dependent upon the 7 member to the extent that the member may claim such person as 8 a dependent for income tax deduction purposes; no other such 9 person may be enrolled. 10 (i) "Director" means the Director of the Illinois 11 Department of Central Management Services. 12 (j) "Eligibility period" means the period of time a 13 member has to elect enrollment in programs or to select 14 benefits without regard to age, sex or health. 15 (k) "Employee" means and includes each officer or 16 employee in the service of a department who (1) receives his 17 compensation for service rendered to the department on a 18 warrant issued pursuant to a payroll certified by a 19 department or on a warrant or check issued and drawn by a 20 department upon a trust, federal or other fund or on a 21 warrant issued pursuant to a payroll certified by an elected 22 or duly appointed officer of the State or who receives 23 payment of the performance of personal services on a warrant 24 issued pursuant to a payroll certified by a Department and 25 drawn by the Comptroller upon the State Treasurer against 26 appropriations made by the General Assembly from any fund or 27 against trust funds held by the State Treasurer, and (2) is 28 employed full-time or part-time in a position normally 29 requiring actual performance of duty during not less than 1/2 30 of a normal work period, as established by the Director in 31 cooperation with each department, except that persons elected 32 by popular vote will be considered employees during the 33 entire term for which they are elected regardless of hours 34 devoted to the service of the State, and (3) except that HB0708 Engrossed -19- LRB9203186EGfg 1 "employee" does not include any person who is not eligible by 2 reason of such person's employment to participate in one of 3 the State retirement systems under Articles 2, 14, 15 (either 4 the regular Article 15 system or the optional retirement 5 program established under Section 15-158.2) or 18, or under 6 paragraph (2), (3), or (5) of Section 16-106, of the Illinois 7 Pension Code, but such term does include persons who are 8 employed during the 6 month qualifying period under Article 9 14 of the Illinois Pension Code. Such term also includes any 10 person who (1) after January 1, 1966, is receiving ordinary 11 or 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, (2) receives total permanent 17 or total temporary disability under the Workers' Compensation 18 Act or Occupational Disease Act as a result of injuries 19 sustained or illness contracted in the course of employment 20 with the State of Illinois, or (3) is not otherwise covered 21 under this Act and has retired as a participating member 22 under Article 2 of the Illinois Pension Code but is 23 ineligible for the retirement annuity under Section 2-119 of 24 the Illinois Pension Code. However, a person who satisfies 25 the criteria of the foregoing definition of "employee" except 26 that such person is made ineligible to participate in the 27 State Universities Retirement System by clause (4) of 28 subsection (a) of Section 15-107 of the Illinois Pension Code 29 is also an "employee" for the purposes of this Act. 30 "Employee" also includes any person receiving or eligible for 31 benefits under a sick pay plan established in accordance with 32 Section 36 of the State Finance Act. "Employee" also includes 33 each officer or employee in the service of a qualified local 34 government, including persons appointed as trustees of HB0708 Engrossed -20- LRB9203186EGfg 1 sanitary districts regardless of hours devoted to the service 2 of the sanitary district, and each employee in the service of 3 a qualified rehabilitation facility and each full-time 4 employee in the service of a qualified domestic violence 5 shelter or service, as determined according to rules 6 promulgated by the Director. 7 (l) "Member" means an employee, annuitant, retired 8 employee or survivor. 9 (m) "Optional coverages or benefits" means those 10 coverages or benefits available to the member on his or her 11 voluntary election, and at his or her own expense. 12 (n) "Program" means the group life insurance, health 13 benefits and other employee benefits designed and contracted 14 for by the Director under this Act. 15 (o) "Health plan" means a health benefits program 16 offered by the State of Illinois for persons eligible for the 17 plan. 18 (p) "Retired employee" means any person who would be an 19 annuitant as that term is defined herein but for the fact 20 that such person retired prior to January 1, 1966. Such term 21 also includes any person formerly employed by the University 22 of Illinois in the Cooperative Extension Service who would be 23 an annuitant but for the fact that such person was made 24 ineligible to participate in the State Universities 25 Retirement System by clause (4) of subsection (a) of Section 26 15-107 of the Illinois Pension Code. 27 (q) "Survivor" means a person receiving an annuity as a 28 survivor of an employee or of an annuitant. "Survivor" also 29 includes: (1) the surviving dependent of a person who 30 satisfies the definition of "employee" except that such 31 person is made ineligible to participate in the State 32 Universities Retirement System by clause (4) of subsection 33 (a) of Section 15-107 of the Illinois Pension Code; and (2) 34 the surviving dependent of any person formerly employed by HB0708 Engrossed -21- LRB9203186EGfg 1 the University of Illinois in the Cooperative Extension 2 Service who would be an annuitant except for the fact that 3 such person was made ineligible to participate in the State 4 Universities Retirement System by clause (4) of subsection 5 (a) of Section 15-107 of the Illinois Pension Code. 6 (q-5) "New SERS survivor" means a survivor, as defined 7 in subsection (q), whose annuity is paid under Article 14 of 8 the Illinois Pension Code and is based on the death of (i) an 9 employee whose death occurs on or after January 1, 1998, or 10 (ii) a new SERS annuitant as defined in subsection (b-5). 11 (q-6) "New SURS survivor" means a survivor, as defined 12 in subsection (q), whose annuity is paid under Article 15 of 13 the Illinois Pension Code and is based on the death of (i) an 14 employee whose death occurs on or after January 1, 1998, or 15 (ii) a new SURS annuitant as defined in subsection (b-6). 16 (q-7) "New TRS State survivor" means a survivor, as 17 defined in subsection (q), whose annuity is paid under 18 Article 16 of the Illinois Pension Code and is based on the 19 death of (i) an employee who is a teacher as defined in 20 paragraph (2), (3), or (5) of Section 16-106 of that Code and 21 whose death occurs on or after July 1, 1998, or (ii) a new 22 TRS State annuitant as defined in subsection (b-7). 23 (r) "Medical services" means the services provided 24 within the scope of their licenses by practitioners in all 25 categories licensed under the Medical Practice Act of 1987. 26 (s) "Unit of local government" means any county, 27 municipality, township, school district, special district or 28 other unit, designated as a unit of local government by law, 29 which exercises limited governmental powers or powers in 30 respect to limited governmental subjects, any not-for-profit 31 association with a membership that primarily includes 32 townships and township officials, that has duties that 33 include provision of research service, dissemination of 34 information, and other acts for the purpose of improving HB0708 Engrossed -22- LRB9203186EGfg 1 township government, and that is funded wholly or partly in 2 accordance with Section 85-15 of the Township Code; any 3 not-for-profit corporation or association, with a membership 4 consisting primarily of municipalities, that operates its own 5 utility system, and provides research, training, 6 dissemination of information, or other acts to promote 7 cooperation between and among municipalities that provide 8 utility services and for the advancement of the goals and 9 purposes of its membership; the Southern Illinois Collegiate 10 Common Market, which is a consortium of higher education 11 institutions in Southern Illinois; and the Illinois 12 Association of Park Districts. "Qualified local government" 13 means a unit of local government approved by the Director and 14 participating in a program created under subsection (i) of 15 Section 10 of this Act. 16 (t) "Qualified rehabilitation facility" means any 17 not-for-profit organization that is accredited by the 18 Commission on Accreditation of Rehabilitation Facilities or 19 certified by the Department of Human Services (as successor 20 to the Department of Mental Health and Developmental 21 Disabilities) to provide services to persons with 22 disabilities and which receives funds from the State of 23 Illinois for providing those services, approved by the 24 Director and participating in a program created under 25 subsection (j) of Section 10 of this Act. 26 (u) "Qualified domestic violence shelter or service" 27 means any Illinois domestic violence shelter or service and 28 its administrative offices funded by the Department of Human 29 Services (as successor to the Illinois Department of Public 30 Aid), approved by the Director and participating in a program 31 created under subsection (k) of Section 10. 32 (v) "TRS benefit recipient" means a person who: 33 (1) is not a "member" as defined in this Section; 34 and HB0708 Engrossed -23- LRB9203186EGfg 1 (2) is receiving a monthly benefit or retirement 2 annuity under Article 16 of the Illinois Pension Code; 3 and 4 (3) either (i) has at least 8 years of creditable 5 service under Article 16 of the Illinois Pension Code, or 6 (ii) was enrolled in the health insurance program offered 7 under that Article on January 1, 1996, or (iii) is the 8 survivor of a benefit recipient who had at least 8 years 9 of creditable service under Article 16 of the Illinois 10 Pension Code or was enrolled in the health insurance 11 program offered under that Article on the effective date 12 of this amendatory Act of 1995, or (iv) is a recipient or 13 survivor of a recipient of a disability benefit under 14 Article 16 of the Illinois Pension Code. 15 (w) "TRS dependent beneficiary" means a person who: 16 (1) is not a "member" or "dependent" as defined in 17 this Section; and 18 (2) is a TRS benefit recipient's: (A) spouse, (B) 19 dependent parent who is receiving at least half of his or 20 her support from the TRS benefit recipient, or (C) 21 unmarried natural or adopted child who is (i) under age 22 19, or (ii) enrolled as a full-time student in an 23 accredited school, financially dependent upon the TRS 24 benefit recipient, eligible to be claimed as a dependent 25 for income tax purposes, and either is under age 24 or 26 was, on January 1, 1996, participating as a dependent 27 beneficiary in the health insurance program offered under 28 Article 16 of the Illinois Pension Code, or (iii) age 19 29 or over who is mentally or physically handicapped. 30 (x) "Military leave with pay and benefits" refers to 31 individuals in basic training for reserves, special/advanced 32 training, annual training, emergency call up, or activation 33 by the President of the United States with approved pay and 34 benefits. HB0708 Engrossed -24- LRB9203186EGfg 1 (y) "Military leave without pay and benefits" refers to 2 individuals who enlist for active duty in a regular component 3 of the U.S. Armed Forces or other duty not specified or 4 authorized under military leave with pay and benefits. 5 (z) "Community college benefit recipient" means a person 6 who: 7 (1) is not a "member" as defined in this Section; 8 and 9 (2) is receiving a monthly survivor's annuity or 10 retirement annuity under Article 15 of the Illinois 11 Pension Code; and 12 (3) either (i) was a full-time employee of a 13 community college district or an association of community 14 college boards created under the Public Community College 15 Act (other than an employee whose last employer under 16 Article 15 of the Illinois Pension Code was a community 17 college district subject to Article VII of the Public 18 Community College Act) and was eligible to participate in 19 a group health benefit plan as an employee during the 20 time of employment with a community college district 21 (other than a community college district subject to 22 Article VII of the Public Community College Act) or an 23 association of community college boards, or (ii) is the 24 survivor of a person described in item (i). 25 (aa) "Community college dependent beneficiary" means a 26 person who: 27 (1) is not a "member" or "dependent" as defined in 28 this Section; and 29 (2) is a community college benefit recipient's: (A) 30 spouse, (B) dependent parent who is receiving at least 31 half of his or her support from the community college 32 benefit recipient, or (C) unmarried natural or adopted 33 child who is (i) under age 19, or (ii) enrolled as a 34 full-time student in an accredited school, financially HB0708 Engrossed -25- LRB9203186EGfg 1 dependent upon the community college benefit recipient, 2 eligible to be claimed as a dependent for income tax 3 purposes and under age 23, or (iii) age 19 or over and 4 mentally or physically handicapped. 5 (Source: P.A. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448, 6 eff. 8-16-97; 90-497, eff. 8-18-97; 90-511, eff. 8-22-97; 7 90-582, eff. 5-27-98; 90-655, eff. 7-30-98; 91-390, eff. 8 7-30-99; 91-395, eff. 7-30-99; 91-617, eff, 8-19-99; revised 9 10-19-99.) 10 (5 ILCS 375/6.12) 11 Sec. 6.12. Payment for services. The program of health 12 benefits is subject to the provisions of Section 368a,of the 13 Illinois Insurance Code. 14 (Source: P.A. 91-605, eff. 12-14-99; 91-788, eff. 6-9-00; 15 revised 6-28-00.) 16 (5 ILCS 375/6.13) 17 Sec. 6.13.6.12.Managed Care Reform and Patient Rights 18 Act. The program of health benefits is subject to the 19 provisions of the Managed Care Reform and Patient Rights Act, 20 except the fee for service program shall only be required to 21 comply with Section 85 and the definition of "emergency 22 medical condition" in Section 10 of the Managed Care Reform 23 and Patient Rights Act. 24 (Source: P.A. 91-617, eff. 8-19-99; revised 10-18-99.) 25 (5 ILCS 375/10) (from Ch. 127, par. 530) 26 Sec. 10. Payments by State; premiums. 27 (a) The State shall pay the cost of basic 28 non-contributory group life insurance and, subject to member 29 paid contributions set by the Department or required by this 30 Section, the basic program of group health benefits on each 31 eligible member, except a member, not otherwise covered by HB0708 Engrossed -26- LRB9203186EGfg 1 this Act, who has retired as a participating member under 2 Article 2 of the Illinois Pension Code but is ineligible for 3 the retirement annuity under Section 2-119 of the Illinois 4 Pension Code, and part of each eligible member's and retired 5 member's premiums for health insurance coverage for enrolled 6 dependents as provided by Section 9. The State shall pay the 7 cost of the basic program of group health benefits only after 8 benefits are reduced by the amount of benefits covered by 9 Medicare for all members and dependents who are eligible for 10 benefits under Social Security or the Railroad Retirement 11 system or who had sufficient Medicare-covered government 12 employment, except that such reduction in benefits shall 13 apply only to those members and dependents who (1) first 14 become eligible for such Medicare coverage on or after July 15 1, 1992; or (2) are Medicare-eligible members or dependents 16 of a local government unit which began participation in the 17 program on or after July 1, 1992; or (3) remain eligible for, 18 but no longer receive Medicare coverage which they had been 19 receiving on or after July 1, 1992. The Department may 20 determine the aggregate level of the State's contribution on 21 the basis of actual cost of medical services adjusted for 22 age, sex or geographic or other demographic characteristics 23 which affect the costs of such programs. 24 The cost of participation in the basic program of group 25 health benefits for the dependent or survivor of a living or 26 deceased retired employee who was formerly employed by the 27 University of Illinois in the Cooperative Extension Service 28 and would be an annuitant but for the fact that he or she was 29 made ineligible to participate in the State Universities 30 Retirement System by clause (4) of subsection (a) of Section 31 15-107 of the Illinois Pension Code shall not be greater than 32 the cost of participation that would otherwise apply to that 33 dependent or survivor if he or she were the dependent or 34 survivor of an annuitant under the State Universities HB0708 Engrossed -27- LRB9203186EGfg 1 Retirement System. 2 (a-1) Beginning January 1, 1998, for each person who 3 becomes a new SERS annuitant and participates in the basic 4 program of group health benefits, the State shall contribute 5 toward the cost of the annuitant'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 creditable service upon which 8 the annuitant's retirement annuity is based, up to a maximum 9 of 100% for an annuitant with 20 or more years of creditable 10 service. The remainder of the cost of a new SERS annuitant's 11 coverage under the basic program of group health benefits 12 shall be the responsibility of the annuitant. 13 (a-2) Beginning January 1, 1998, for each person who 14 becomes a new SERS survivor and participates in the basic 15 program of group health benefits, the State shall contribute 16 toward the cost of the survivor's coverage under the basic 17 program of group health benefits an amount equal to 5% of 18 that cost for each full year of the deceased employee's or 19 deceased annuitant's creditable service in the State 20 Employees' Retirement System of Illinois on the date of 21 death, up to a maximum of 100% for a survivor of an employee 22 or annuitant with 20 or more years of creditable service. 23 The remainder of the cost of the new SERS survivor's coverage 24 under the basic program of group health benefits shall be the 25 responsibility of the survivor. 26 (a-3) Beginning January 1, 1998, for each person who 27 becomes a new SURS annuitant and participates in the basic 28 program of group health benefits, the State shall contribute 29 toward the cost of the annuitant's coverage under the basic 30 program of group health benefits an amount equal to 5% of 31 that cost for each full year of creditable service upon which 32 the annuitant's retirement annuity is based, up to a maximum 33 of 100% for an annuitant with 20 or more years of creditable 34 service. The remainder of the cost of a new SURS annuitant's HB0708 Engrossed -28- LRB9203186EGfg 1 coverage under the basic program of group health benefits 2 shall be the responsibility of the annuitant. 3 (a-4) (Blank). 4 (a-5) Beginning January 1, 1998, for each person who 5 becomes a new SURS survivor and participates in the basic 6 program of group health benefits, the State shall contribute 7 toward the cost of the survivor's coverage under the basic 8 program of group health benefits an amount equal to 5% of 9 that cost for each full year of the deceased employee's or 10 deceased annuitant's creditable service in the State 11 Universities Retirement System on the date of death, up to a 12 maximum of 100% for a survivor of an employee or annuitant 13 with 20 or more years of creditable service. The remainder 14 of the cost of the new SURS survivor's coverage under the 15 basic program of group health benefits shall be the 16 responsibility of the survivor. 17 (a-6) Beginning July 1, 1998, for each person who 18 becomes a new TRS State annuitant and participates in the 19 basic program of group health benefits, the State shall 20 contribute toward the cost of the annuitant's coverage under 21 the basic program of group health benefits an amount equal to 22 5% of that cost for each full year of creditable service as a 23 teacher as defined in paragraph (2), (3), or (5) of Section 24 16-106 of the Illinois Pension Code upon which the 25 annuitant's retirement annuity is based, up to a maximum of 26 100%; except that the State contribution shall be 12.5% per 27 year (rather than 5%) for each full year of creditable 28 service as a regional superintendent or assistant regional 29 superintendent of schools. The remainder of the cost of a 30 new TRS State annuitant's coverage under the basic program of 31 group health benefits shall be the responsibility of the 32 annuitant. 33 (a-7) Beginning July 1, 1998, for each person who 34 becomes a new TRS State survivor and participates in the HB0708 Engrossed -29- LRB9203186EGfg 1 basic program of group health benefits, the State shall 2 contribute toward the cost of the survivor's coverage under 3 the basic program of group health benefits an amount equal to 4 5% of that cost for each full year of the deceased employee's 5 or deceased annuitant's creditable service as a teacher as 6 defined in paragraph (2), (3), or (5) of Section 16-106 of 7 the Illinois Pension Code on the date of death, up to a 8 maximum of 100%; except that the State contribution shall be 9 12.5% per year (rather than 5%) for each full year of the 10 deceased employee's or deceased annuitant's creditable 11 service as a regional superintendent or assistant regional 12 superintendent of schools. The remainder of the cost of the 13 new TRS State survivor's coverage under the basic program of 14 group health benefits shall be the responsibility of the 15 survivor. 16 (a-8) A new SERS annuitant, new SERS survivor, new SURS 17 annuitant, new SURS survivor, new TRS State annuitant, or new 18 TRS State survivor may waive or terminate coverage in the 19 program of group health benefits. Any such annuitant or 20 survivor who has waived or terminated coverage may enroll or 21 re-enroll in the program of group health benefits only during 22 the annual benefit choice period, as determined by the 23 Director; except that in the event of termination of coverage 24 due to nonpayment of premiums, the annuitant or survivor may 25 not re-enroll in the program. 26 (a-9) No later than May 1 of each calendar year, the 27 Director of Central Management Services shall certify in 28 writing to the Executive Secretary of the State Employees' 29 Retirement System of Illinois the amounts of the Medicare 30 supplement health care premiums and the amounts of the health 31 care premiums for all other retirees who are not Medicare 32 eligible. 33 A separate calculation of the premiums based upon the 34 actual cost of each health care plan shall be so certified. HB0708 Engrossed -30- LRB9203186EGfg 1 The Director of Central Management Services shall provide 2 to the Executive Secretary of the State Employees' Retirement 3 System of Illinois such information, statistics, and other 4 data as he or she may require to review the premium amounts 5 certified by the Director of Central Management Services. 6 (b) State employees who become eligible for this program 7 on or after January 1, 1980 in positions normally requiring 8 actual performance of duty not less than 1/2 of a normal work 9 period but not equal to that of a normal work period, shall 10 be given the option of participating in the available 11 program. If the employee elects coverage, the State shall 12 contribute on behalf of such employee to the cost of the 13 employee's benefit and any applicable dependent supplement, 14 that sum which bears the same percentage as that percentage 15 of time the employee regularly works when compared to normal 16 work period. 17 (c) The basic non-contributory coverage from the basic 18 program of group health benefits shall be continued for each 19 employee not in pay status or on active service by reason of 20 (1) leave of absence due to illness or injury, (2) authorized 21 educational leave of absence or sabbatical leave, or (3) 22 military leave with pay and benefits. This coverage shall 23 continue until expiration of authorized leave and return to 24 active service, but not to exceed 24 months for leaves under 25 item (1) or (2). This 24-month limitation and the requirement 26 of returning to active service shall not apply to persons 27 receiving ordinary or accidental disability benefits or 28 retirement benefits through the appropriate State retirement 29 system or benefits under the Workers' Compensation or 30 Occupational Disease Act. 31 (d) The basic group life insurance coverage shall 32 continue, with full State contribution, where such person is 33 (1) absent from active service by reason of disability 34 arising from any cause other than self-inflicted, (2) on HB0708 Engrossed -31- LRB9203186EGfg 1 authorized educational leave of absence or sabbatical leave, 2 or (3) on military leave with pay and benefits. 3 (e) Where the person is in non-pay status for a period 4 in excess of 30 days or on leave of absence, other than by 5 reason of disability, educational or sabbatical leave, or 6 military leave with pay and benefits, such person may 7 continue coverage only by making personal payment equal to 8 the amount normally contributed by the State on such person's 9 behalf. Such payments and coverage may be continued: (1) 10 until such time as the person returns to a status eligible 11 for coverage at State expense, but not to exceed 24 months, 12 (2) until such person's employment or annuitant status with 13 the State is terminated, or (3) for a maximum period of 4 14 years for members on military leave with pay and benefits and 15 military leave without pay and benefits (exclusive of any 16 additional service imposed pursuant to law). 17 (f) The Department shall establish by rule the extent 18 to which other employee benefits will continue for persons in 19 non-pay status or who are not in active service. 20 (g) The State shall not pay the cost of the basic 21 non-contributory group life insurance, program of health 22 benefits and other employee benefits for members who are 23 survivors as defined by paragraphs (1) and (2) of subsection 24 (q) of Section 3 of this Act. The costs of benefits for 25 these survivors shall be paid by the survivors or by the 26 University of Illinois Cooperative Extension Service, or any 27 combination thereof. However, the State shall pay the amount 28 of the reduction in the cost of participation, if any, 29 resulting from the amendment to subsection (a) made by this 30 amendatory Act of the 91st General Assembly. 31 (h) Those persons occupying positions with any 32 department as a result of emergency appointments pursuant to 33 Section 8b.8 of the Personnel Code who are not considered 34 employees under this Act shall be given the option of HB0708 Engrossed -32- LRB9203186EGfg 1 participating in the programs of group life insurance, health 2 benefits and other employee benefits. Such persons electing 3 coverage may participate only by making payment equal to the 4 amount normally contributed by the State for similarly 5 situated employees. Such amounts shall be determined by the 6 Director. Such payments and coverage may be continued until 7 such time as the person becomes an employee pursuant to this 8 Act or such person's appointment is terminated. 9 (i) Any unit of local government within the State of 10 Illinois may apply to the Director to have its employees, 11 annuitants, and their dependents provided group health 12 coverage under this Act on a non-insured basis. To 13 participate, a unit of local government must agree to enroll 14 all of its employees, who may select coverage under either 15 the State group health benefits plan or a health maintenance 16 organization that has contracted with the State to be 17 available as a health care provider for employees as defined 18 in this Act. A unit of local government must remit the 19 entire cost of providing coverage under the State group 20 health benefits plan or, for coverage under a health 21 maintenance organization, an amount determined by the 22 Director based on an analysis of the sex, age, geographic 23 location, or other relevant demographic variables for its 24 employees, except that the unit of local government shall not 25 be required to enroll those of its employees who are covered 26 spouses or dependents under this plan or another group policy 27 or plan providing health benefits as long as (1) an 28 appropriate official from the unit of local government 29 attests that each employee not enrolled is a covered spouse 30 or dependent under this plan or another group policy or plan, 31 and (2) at least 85% of the employees are enrolled and the 32 unit of local government remits the entire cost of providing 33 coverage to those employees, except that a participating 34 school district must have enrolled at least 85% of its HB0708 Engrossed -33- LRB9203186EGfg 1 full-time employees who have not waived coverage under the 2 district's group health plan by participating in a component 3 of the district's cafeteria plan. A participating school 4 district is not required to enroll a full-time employee who 5 has waived coverage under the district's health plan, 6 provided that an appropriate official from the participating 7 school district attests that the full-time employee has 8 waived coverage by participating in a component of the 9 district's cafeteria plan. For the purposes of this 10 subsection, "participating school district" includes a unit 11 of local government whose primary purpose is education as 12 defined by the Department's rules. 13 Employees of a participating unit of local government who 14 are not enrolled due to coverage under another group health 15 policy or plan may enroll in the event of a qualifying change 16 in status, special enrollment, special circumstance as 17 defined by the Director, or during the annual Benefit Choice 18 Period. A participating unit of local government may also 19 elect to cover its annuitants. Dependent coverage shall be 20 offered on an optional basis, with the costs paid by the unit 21 of local government, its employees, or some combination of 22 the two as determined by the unit of local government. The 23 unit of local government shall be responsible for timely 24 collection and transmission of dependent premiums. 25 The Director shall annually determine monthly rates of 26 payment, subject to the following constraints: 27 (1) In the first year of coverage, the rates shall 28 be equal to the amount normally charged to State 29 employees for elected optional coverages or for enrolled 30 dependents coverages or other contributory coverages, or 31 contributed by the State for basic insurance coverages on 32 behalf of its employees, adjusted for differences between 33 State employees and employees of the local government in 34 age, sex, geographic location or other relevant HB0708 Engrossed -34- LRB9203186EGfg 1 demographic variables, plus an amount sufficient to pay 2 for the additional administrative costs of providing 3 coverage to employees of the unit of local government and 4 their dependents. 5 (2) In subsequent years, a further adjustment shall 6 be made to reflect the actual prior years' claims 7 experience of the employees of the unit of local 8 government. 9 In the case of coverage of local government employees 10 under a health maintenance organization, the Director shall 11 annually determine for each participating unit of local 12 government the maximum monthly amount the unit may contribute 13 toward that coverage, based on an analysis of (i) the age, 14 sex, geographic location, and other relevant demographic 15 variables of the unit's employees and (ii) the cost to cover 16 those employees under the State group health benefits plan. 17 The Director may similarly determine the maximum monthly 18 amount each unit of local government may contribute toward 19 coverage of its employees' dependents under a health 20 maintenance organization. 21 Monthly payments by the unit of local government or its 22 employees for group health benefits plan or health 23 maintenance organization coverage shall be deposited in the 24 Local Government Health Insurance Reserve Fund. The Local 25 Government Health Insurance Reserve Fund shall be a 26 continuing fund not subject to fiscal year limitations. All 27 expenditures from this fund shall be used for payments for 28 health care benefits for local government and rehabilitation 29 facility employees, annuitants, and dependents, and to 30 reimburse the Department or its administrative service 31 organization for all expenses incurred in the administration 32 of benefits. No other State funds may be used for these 33 purposes. 34 A local government employer's participation or desire to HB0708 Engrossed -35- LRB9203186EGfg 1 participate in a program created under this subsection shall 2 not limit that employer's duty to bargain with the 3 representative of any collective bargaining unit of its 4 employees. 5 (j) Any rehabilitation facility within the State of 6 Illinois may apply to the Director to have its employees, 7 annuitants, and their eligible dependents provided group 8 health coverage under this Act on a non-insured basis. To 9 participate, a rehabilitation facility must agree to enroll 10 all of its employees and remit the entire cost of providing 11 such coverage for its employees, except that the 12 rehabilitation facility shall not be required to enroll those 13 of its employees who are covered spouses or dependents under 14 this plan or another group policy or plan providing health 15 benefits as long as (1) an appropriate official from the 16 rehabilitation facility attests that each employee not 17 enrolled is a covered spouse or dependent under this plan or 18 another group policy or plan, and (2) at least 85% of the 19 employees are enrolled and the rehabilitation facility remits 20 the entire cost of providing coverage to those employees. 21 Employees of a participating rehabilitation facility who are 22 not enrolled due to coverage under another group health 23 policy or plan may enroll in the event of a qualifying change 24 in status, special enrollment, special circumstance as 25 defined by the Director, or during the annual Benefit Choice 26 Period. A participating rehabilitation facility may also 27 elect to cover its annuitants. Dependent coverage shall be 28 offered on an optional basis, with the costs paid by the 29 rehabilitation facility, its employees, or some combination 30 of the 2 as determined by the rehabilitation facility. The 31 rehabilitation facility shall be responsible for timely 32 collection and transmission of dependent premiums. 33 The Director shall annually determine quarterly rates of 34 payment, subject to the following constraints: HB0708 Engrossed -36- LRB9203186EGfg 1 (1) In the first year of coverage, the rates shall 2 be equal to the amount normally charged to State 3 employees for elected optional coverages or for enrolled 4 dependents coverages or other contributory coverages on 5 behalf of its employees, adjusted for differences between 6 State employees and employees of the rehabilitation 7 facility in age, sex, geographic location or other 8 relevant demographic variables, plus an amount sufficient 9 to pay for the additional administrative costs of 10 providing coverage to employees of the rehabilitation 11 facility and their dependents. 12 (2) In subsequent years, a further adjustment shall 13 be made to reflect the actual prior years' claims 14 experience of the employees of the rehabilitation 15 facility. 16 Monthly payments by the rehabilitation facility or its 17 employees for group health benefits shall be deposited in the 18 Local Government Health Insurance Reserve Fund. 19 (k) Any domestic violence shelter or service within the 20 State of Illinois may apply to the Director to have its 21 employees, annuitants, and their dependents provided group 22 health coverage under this Act on a non-insured basis. To 23 participate, a domestic violence shelter or service must 24 agree to enroll all of its employees and pay the entire cost 25 of providing such coverage for its employees. A 26 participating domestic violence shelter may also elect to 27 cover its annuitants. Dependent coverage shall be offered on 28 an optional basis, with employees, or some combination of the 29 2 as determined by the domestic violence shelter or service. 30 The domestic violence shelter or service shall be responsible 31 for timely collection and transmission of dependent premiums. 32 The Director shall annually determine rates of payment, 33 subject to the following constraints: 34 (1) In the first year of coverage, the rates shall HB0708 Engrossed -37- LRB9203186EGfg 1 be equal to the amount normally charged to State 2 employees for elected optional coverages or for enrolled 3 dependents coverages or other contributory coverages on 4 behalf of its employees, adjusted for differences between 5 State employees and employees of the domestic violence 6 shelter or service in age, sex, geographic location or 7 other relevant demographic variables, plus an amount 8 sufficient to pay for the additional administrative costs 9 of providing coverage to employees of the domestic 10 violence shelter or service and their dependents. 11 (2) In subsequent years, a further adjustment shall 12 be made to reflect the actual prior years' claims 13 experience of the employees of the domestic violence 14 shelter or service. 15 Monthly payments by the domestic violence shelter or 16 service or its employees for group health insurance shall be 17 deposited in the Local Government Health Insurance Reserve 18 Fund. 19 (l) A public community college or entity organized 20 pursuant to the Public Community College Act may apply to the 21 Director initially to have only annuitants not covered prior 22 to July 1, 1992 by the district's health plan provided health 23 coverage under this Act on a non-insured basis. The 24 community college must execute a 2-year contract to 25 participate in the Local Government Health Plan. Any 26 annuitant may enroll in the event of a qualifying change in 27 status, special enrollment, special circumstance as defined 28 by the Director, or during the annual Benefit Choice Period. 29 The Director shall annually determine monthly rates of 30 payment subject to the following constraints: for those 31 community colleges with annuitants only enrolled, first year 32 rates shall be equal to the average cost to cover claims for 33 a State member adjusted for demographics, Medicare 34 participation, and other factors; and in the second year, a HB0708 Engrossed -38- LRB9203186EGfg 1 further adjustment of rates shall be made to reflect the 2 actual first year's claims experience of the covered 3 annuitants. 4 (l-5) The provisions of subsection (l) become 5 inoperative on July 1, 1999. 6 (m) The Director shall adopt any rules deemed necessary 7 for implementation of this amendatory Act of 1989 (Public Act 8 86-978). 9 (Source: P.A. 90-65, eff. 7-7-97; 90-582, eff. 5-27-98; 10 90-655, eff. 7-30-98; 91-280, eff. 7-23-99; 91-311; eff. 11 7-29-99; 91-357, eff. 7-29-99; 91-390, eff. 7-30-99; 91-395, 12 eff. 7-30-99; 91-617, eff. 8-19-99; revised 8-31-99.) 13 Section 10. The Election Code is amended by changing 14 Sections 7-10 and 7-30 as follows: 15 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10) 16 Sec. 7-10. Form of petition for nomination. The name of 17 no candidate for nomination, or State central committeeman, 18 or township committeeman, or precinct committeeman, or ward 19 committeeman or candidate for delegate or alternate delegate 20 to national nominating conventions, shall be printed upon the 21 primary ballot unless a petition for nomination has been 22 filed in his behalf as provided in this Article in 23 substantially the following form: 24 We, the undersigned, members of and affiliated with the 25 .... party and qualified primary electors of the .... party, 26 in the .... of ...., in the county of .... and State of 27 Illinois, do hereby petition that the following named person 28 or persons shall be a candidate or candidates of the .... 29 party for the nomination for (or in case of committeemen for 30 election to) the office or offices hereinafter specified, to 31 be voted for at the primary election to be held on (insert 32 date). HB0708 Engrossed -39- LRB9203186EGfg 1 Name Office Address 2 John Jones Governor Belvidere, Ill. 3 Thomas Smith Attorney General Oakland, Ill. 4 Name.................. Address....................... 5 State of Illinois) 6 ) ss. 7 County of........) 8 I, ...., do hereby certify that I am a registered voter 9 and have been a registered voter at all times I have 10 circulated this petition, that I reside at No. .... street, 11 in the .... of ...., county of ...., and State of Illinois, 12 and that the signatures on this sheet were signed in my 13 presence, and are genuine, and that to the best of my 14 knowledge and belief the persons so signing were at the time 15 of signing the petitions qualified voters of the .... party, 16 and that their respective residences are correctly stated, as 17 above set forth. 18 ......................... 19 Subscribed and sworn to before me on (insert date). 20 ......................... 21 Each sheet of the petition other than the statement of 22 candidacy and candidate's statement shall be of uniform size 23 and shall contain above the space for signatures an 24 appropriate heading giving the information as to name of 25 candidate or candidates, in whose behalf such petition is 26 signed; the office, the political party represented and place 27 of residence; and the heading of each sheet shall be the 28 same. 29 Such petition shall be signed by qualified primary 30 electors residing in the political division for which the 31 nomination is sought in their own proper persons only and 32 opposite the signature of each signer, his residence address 33 shall be written or printed. The residence address required 34 to be written or printed opposite each qualified primary HB0708 Engrossed -40- LRB9203186EGfg 1 elector's name shall include the street address or rural 2 route number of the signer, as the case may be, as well as 3 the signer's county, and city, village or town, and state. 4 However the county or city, village or town, and state of 5 residence of the electors may be printed on the petition 6 forms where all of the electors signing the petition reside 7 in the same county or city, village or town, and state. 8 Standard abbreviations may be used in writing the residence 9 address, including street number, if any. At the bottom of 10 each sheet of such petition shall be added a statement signed 11 by a registered voter of the political division, who has been 12 a registered voter at all times he or she circulated the 13 petition, for which the candidate is seeking a nomination, 14 stating the street address or rural route number of the 15 voter, as the case may be, as well as the voter's county, and 16 city, village or town, and state; and certifying that the 17 signatures on that sheet of the petition were signed in his 18 presence; and either (1) indicating the dates on which that 19 sheet was circulated, or (2) indicating the first and last 20 dates on which the sheet was circulated, or (3) certifying 21 that none of the signatures on the sheet were signed more 22 than 90 days preceding the last day for the filing of the 23 petition, or more than 45 days preceding the last day for 24 filing of the petition in the case of political party and 25 independent candidates for single or multi-county regional 26 superintendents of schools in the 1994 general primary 27 election; and certifying that the signatures on the sheet are 28 genuine, and certifying that to the best of his knowledge 29 and belief the persons so signing were at the time of signing 30 the petitions qualified voters of the political party for 31 which a nomination is sought. Such statement shall be sworn 32 to before some officer authorized to administer oaths in this 33 State. 34 No petition sheet shall be circulated more than 90 days HB0708 Engrossed -41- LRB9203186EGfg 1 preceding the last day provided in Section 7-12 for the 2 filing of such petition, or more than 45 days preceding the 3 last day for filing of the petition in the case of political 4 party and independent candidates for single or multi-county 5 regional superintendents of schools in the 1994 general 6 primary election. 7 The person circulating the petition, or the candidate on 8 whose behalf the petition is circulated, may strike any 9 signature from the petition, provided that:;10 (1) the person striking the signature shall initial 11 the petition at the place where the signature is struck; 12 and 13 (2) the person striking the signature shall sign a 14 certification listing the page number and line number of 15 each signature struck from the petition. Such 16 certification shall be filed as a part of the petition. 17 Such sheets before being filed shall be neatly fastened 18 together in book form, by placing the sheets in a pile and 19 fastening them together at one edge in a secure and suitable 20 manner, and the sheets shall then be numbered consecutively. 21 The sheets shall not be fastened by pasting them together end 22 to end, so as to form a continuous strip or roll. All 23 petition sheets which are filed with the proper local 24 election officials, election authorities or the State Board 25 of Elections shall be the original sheets which have been 26 signed by the voters and by the circulator thereof, and not 27 photocopies or duplicates of such sheets. Each petition must 28 include as a part thereof, a statement of candidacy for each 29 of the candidates filing, or in whose behalf the petition is 30 filed. This statement shall set out the address of such 31 candidate, the office for which he is a candidate, shall 32 state that the candidate is a qualified primary voter of the 33 party to which the petition relates and is qualified for the 34 office specified (in the case of a candidate for State's HB0708 Engrossed -42- LRB9203186EGfg 1 Attorney it shall state that the candidate is at the time of 2 filing such statement a licensed attorney-at-law of this 3 State), shall state that he has filed (or will file before 4 the close of the petition filing period) a statement of 5 economic interests as required by the Illinois Governmental 6 Ethics Act, shall request that the candidate's name be placed 7 upon the official ballot, and shall be subscribed and sworn 8 to by such candidate before some officer authorized to take 9 acknowledgment of deeds in the State and shall be in 10 substantially the following form: 11 Statement of Candidacy 12 Name Address Office District Party 13 John Jones 102 Main St. Governor Statewide Republican 14 Belvidere, 15 Illinois 16 State of Illinois) 17 ) ss. 18 County of .......) 19 I, ...., being first duly sworn, say that I reside at 20 .... Street in the city (or village) of ...., in the county 21 of ...., State of Illinois; that I am a qualified voter 22 therein and am a qualified primary voter of the .... party; 23 that I am a candidate for nomination (for election in the 24 case of committeeman and delegates and alternate delegates) 25 to the office of .... to be voted upon at the primary 26 election to be held on (insert date); that I am legally 27 qualified (including being the holder of any license that may 28 be an eligibility requirement for the office I seek the 29 nomination for) to hold such office and that I have filed (or 30 I will file before the close of the petition filing period) a 31 statement of economic interests as required by the Illinois 32 Governmental Ethics Act and I hereby request that my name be 33 printed upon the official primary ballot for nomination for 34 (or election to in the case of committeemen and delegates and HB0708 Engrossed -43- LRB9203186EGfg 1 alternate delegates) such office. 2 Signed ...................... 3 Subscribed and sworn to (or affirmed) before me by ...., 4 who is to me personally known, on (insert date). 5 Signed .................... 6 (Official Character) 7 (Seal, if officer has one.) 8 The petitions, when filed, shall not be withdrawn or 9 added to, and no signatures shall be revoked except by 10 revocation filed in writing with the State Board of 11 Elections, election authority or local election official with 12 whom the petition is required to be filed, and before the 13 filing of such petition. Whoever forges the name of a signer 14 upon any petition required by this Article is deemed guilty 15 of a forgery and on conviction thereof shall be punished 16 accordingly. 17 Petitions of candidates for nomination for offices herein 18 specified, to be filed with the same officer, may contain the 19 names of 2 or more candidates of the same political party for 20 the same or different offices. 21 Such petitions for nominations shall be signed: 22 (a) If for a State office, or for delegate or 23 alternate delegate to be elected from the State at large 24 to a National nominating convention by not less than 25 5,000 nor more than 10,000 primary electors of his party. 26 (b) If for a congressional officer or for delegate 27 or alternate delegate to be elected from a congressional 28 district to a national nominating convention by at least 29 .5% of the qualified primary electors of his party in his 30 congressional district, except that for the first primary 31 following a redistricting of congressional districts such 32 petitions shall be signed by at least 600 qualified 33 primary electors of the candidate's party in his 34 congressional district. HB0708 Engrossed -44- LRB9203186EGfg 1 (c) If for a county office (including county board 2 member and chairman of the county board where elected 3 from the county at large), by at least .5% of the 4 qualified electors of his party cast at the last 5 preceding general election in his county. However, if 6 for the nomination for county commissioner of Cook 7 County, then by at least .5% of the qualified primary 8 electors of his or her party in his or her county in the 9 district or division in which such person is a candidate 10 for nomination; and if for county board member from a 11 county board district, then by at least .5% of the 12 qualified primary electors of his party in the county 13 board district. In the case of an election for county 14 board member to be elected from a district, for the first 15 primary following a redistricting of county board 16 districts or the initial establishment of county board 17 districts, then by at least .5% of the qualified electors 18 of his party in the entire county at the last preceding 19 general election, divided by the number of county board 20 districts, but in any event not less than 25 qualified 21 primary electors of his party in the district. 22 (d) If for a municipal or township office by at 23 least .5% of the qualified primary electors of his party 24 in the municipality or township; if for alderman, by at 25 least .5% of the voters of his party of his ward. In the 26 case of an election for alderman or trustee of a 27 municipality to be elected from a ward or district, for 28 the first primary following a redistricting or the 29 initial establishment of wards or districts, then by .5% 30 of the total number of votes cast for the candidate of 31 such political party who received the highest number of 32 votes in the entire municipality at the last regular 33 election at which an officer was regularly scheduled to 34 be elected from the entire municipality, divided by the HB0708 Engrossed -45- LRB9203186EGfg 1 number of wards or districts, but in any event not less 2 than 25 qualified primary electors of his party in the 3 ward or district. 4 (e) If for State central committeeman, by at least 5 100 of the primary electors of his or her party of his or 6 her congressional district. 7 (f) If for a candidate for trustee of a sanitary 8 district in which trustees are not elected from wards, by 9 at least .5% of the primary electors of his party, from 10 such sanitary district. 11 (g) If for a candidate for trustee of a sanitary 12 district in which the trustees are elected from wards, by 13 at least .5% of the primary electors of his party in his 14 ward of such sanitary district, except that for the first 15 primary following a reapportionment of the district such 16 petitions shall be signed by at least 150 qualified 17 primary electors of the candidate's ward of such sanitary 18 district. 19 (h) IfThe number of signatures requiredfor a 20 candidate for judicial office in a district, circuit, or 21 subcircuit, by a number of primary electors at least 22 equal toshall be0.25% of the number of votes cast for 23 the judicial candidate of his or her political party who 24 received the highest number of votes at the last regular 25 general election at which a judicial officer from the 26 same district, circuit, or subcircuit was regularly 27 scheduled to be elected, but in no event fewershall be28lessthan 500signatures. 29 (i) If for a candidate for precinct committeeman, 30 by at least 10 primary electors of his or her party of 31 his or her precinct; if for a candidate for ward 32 committeeman, by not less than 10% nor more than 16% (or 33 50 more than the minimum, whichever is greater) of the 34 primary electors of his party of his ward; if for a HB0708 Engrossed -46- LRB9203186EGfg 1 candidate for township committeeman, by not less than 5% 2 nor more than 8% (or 50 more than the minimum, whichever 3 is greater) of the primary electors of his party in his 4 township or part of a township as the case may be. 5 (j) If for a candidate for State's Attorney or 6 Regional Superintendent of Schools to serve 2 or more 7 counties, by at least .5% of the primary electors of his 8 party in the territory comprising such counties. 9 (k) If for any other office by at least .5% of the 10 total number of registered voters of the political 11 subdivision, district or division for which the 12 nomination is made or a minimum of 25, whichever is 13 greater. 14 For the purposes of this Section the number of primary 15 electors shall be determined by taking the total vote cast, 16 in the applicable district, for the candidate for such 17 political party who received the highest number of votes, 18 state-wide, at the last general election in the State at 19 which electors for President of the United States were 20 elected. For political subdivisions, the number of primary 21 electors shall be determined by taking the total vote cast 22 for the candidate for such political party who received the 23 highest number of votes in such political subdivision at the 24 last regular election at which an officer was regularly 25 scheduled to be elected from that subdivision. For wards or 26 districts of political subdivisions, the number of primary 27 electors shall be determined by taking the total vote cast 28 for the candidate for such political party who received the 29 highest number of votes in such ward or district at the last 30 regular election at which an officer was regularly scheduled 31 to be elected from that ward or district. 32 A "qualified primary elector" of a party may not sign 33 petitions for or be a candidate in the primary of more than 34 one party. HB0708 Engrossed -47- LRB9203186EGfg 1 (Source: P.A. 91-57, eff. 6-30-99; 91-357, eff. 7-29-99; 2 91-358, eff. 7-29-99; revised 8-17-99.) 3 (10 ILCS 5/7-30) (from Ch. 46, par. 7-30) 4 Sec. 7-30. Previous to any vote being taken, the primary 5 judges shall severally subscribe and take an oath or 6 affirmation in the following form, to-wit: 7 "I do solemnly swear (or affirm, as the case may be), 8 that I will support the Constitution of the United States and 9 the Constitution of the State of Illinois, and will 10 faithfully and honestly discharge the duties of primary 11 judge, according to the best of my ability, and that I have 12 resided in this State for 30 days, (and only in the case of a 13 primary judge in counties of less than 500,000 inhabitants, 14 have residedthe following:in this precinct for the 30 days 15 next preceding this primary), (and in the case of a 16 registered voter, am entitled to vote at this primary)." 17 All persons subscribing the oathas aforesaid,and all 18 persons actually serving as primary judges, whether sworn or 19 not, shall be deemed to be and are hereby declared to be 20 officers of the circuit court of their respective counties. 21 (Source: P.A. 91-352, eff. 1-1-00; revised 2-23-00.) 22 Section 10.2. The State Library Act is amended by 23 changing Section 7 as follows: 24 (15 ILCS 320/7) (from Ch. 128, par. 107) 25 Sec. 7. Purposes of the State Library. The Illinois 26 State Library shall: 27 (a) Maintain a library for officials and employees of 28 the State, consisting of informational material and resources 29 pertaining to the phases of their work, and serve as the 30 State's library by extending its resources to citizens of 31 Illinois. HB0708 Engrossed -48- LRB9203186EGfg 1 (b) Maintain and provide research library services for 2 all State agencies. 3 (c) Administer the Illinois Library System Act. 4 (d) Promote and administer the law relating to 5 Interstate Library Compacts. 6 (e) Enter into interagency agreements, pursuant to the 7 Intergovernmental Cooperation Act, including agreements to 8 promote access to information by Illinois students and the 9 general public. 10 (f) Promote and develop a cooperative library network 11 operating regionally or statewide for providing effective 12 coordination of the library resources of public, academic, 13 school, and special libraries. 14 (g) Administer grants of federal library funds pursuant 15 to federal law and requirements. 16 (h) Assist libraries in their plans for library 17 services, including funding the State-funded library systems 18 for the purpose of local library development and networking. 19 (i) Assist local library groups in developing programs 20 by which library services can be established and enhanced in 21 areas without those services. 22 (j) Be a clearing house, in an advisory capacity, for 23 questions and problems pertaining to the administration and 24 functioning of libraries in Illinois and to publish booklets 25 and pamphlets to implement this service. 26 (k)ToSeek the opinion of the Attorney General for 27 legal questions pertaining to public libraries and their 28 function as governmental agencies. 29 (l) Contract with any other library or library agency to 30 carry out the purposes of the State Library. If any such 31 contract requires payments by user libraries for goods and 32 services, the State Library may distribute billings from 33 contractors to applicable user libraries and may receive and 34 distribute payments from user libraries to contractors. HB0708 Engrossed -49- LRB9203186EGfg 1 There is hereby created in the State Treasury the Library 2 Trust Fund, into which all moneys payable to contractors 3 which are received from user libraries under this paragraph 4 (l) shall be paid. The Treasurer shall pay such funds to 5 contractors at the direction of the State Librarian. 6 (m) Compile, preserve and publish public library 7 statistical information. 8 (n) Compile the annual report of local public libraries 9 and library systems submitted to the State Librarian pursuant 10 to law. 11 (o) Conduct and arrange for library training programs 12 for library personnel, library directors and others involved 13 in library services. 14 (p) Prepare an annual report for each fiscal year. 15 (q) Make available to the public, by means of access by 16 way of the largest nonproprietary nonprofit cooperative 17 public computer network, certain records of State agencies. 18 As used in this subdivision (q), "State agencies" means 19 all officers, boards, commissions and agencies created by the 20 Constitution; all officers, departments, boards, commissions, 21 agencies, institutions, authorities, universities, and bodies 22 politic and corporate of the State; administrative units or 23 corporate outgrowths of the State government which are 24 created by or pursuant to statute, other than units of local 25 government and their officers, school districts and boards of 26 election commissioners; and all administrative units and 27 corporate outgrowths of the above and as may be created by 28 executive order of the Governor; however, "State agencies" 29 does not include any agency, officer, or other entity of the 30 judicial or legislative branch. 31 As used in this subdivision (q), "records" means public 32 records, as defined in the Freedom of Information Act, that 33 are not exempt from inspection and copying under that Act. 34 The State Librarian and each appropriate State agency HB0708 Engrossed -50- LRB9203186EGfg 1 shall specify the types and categories of records that shall 2 be accessible through the public computer network and the 3 types and categories of records that shall be inaccessible. 4 Records currently held by a State agency and documents that 5 are required to be provided to the Illinois State Library in 6 accordance with Section 21 shall be provided to the Illinois 7 State Library in an appropriate electronic format when 8 feasible. The cost to each State agency of making records 9 accessible through the public computer network or of 10 providing records in an appropriate electronic format shall 11 be considered in making determinations regarding 12 accessibility. 13 As soon as possible and no later than 18 months after the 14 effective date of this amendatory Act of 1995, the types and 15 categories of information, specified by the State Librarian 16 and each appropriate State agency, shall be made available to 17 the public by means of access by way of the largest 18 nonproprietary, nonprofit cooperative public computer 19 network. The information shall be made available in one or 20 more formats and by one or more means in order to provide the 21 greatest feasible access to the general public in this State. 22 Any person who accesses the information may access all or any 23 part of the information. The information may also be made 24 available by any other means of access that would facilitate 25 public access to the information. The information shall be 26 made available in the shortest feasible time after it is 27 publicly available. 28 Any documentation that describes the electronic digital 29 formats of the information shall be made available by means 30 of access by way of the same public computer network. 31 Personal information concerning a person who accesses the 32 information may be maintained only for the purpose of 33 providing service to the person. 34 The electronic public access provided by way of the HB0708 Engrossed -51- LRB9203186EGfg 1 public computer network shall be in addition to other 2 electronic or print distribution of the information. 3 No action taken under this subdivision (q) shall be 4 deemed to alter or relinquish any copyright or other 5 proprietary interest or entitlement of the State of Illinois 6 relating to any of the information made available under this 7 subdivision (q). 8 (r) Coordinate literacy programs for the Secretary of 9 State. 10 (s) Provide coordination of statewide preservation 11 planning, act as a focal point for preservation advocacy, 12 assess statewide needs and establish specific programs to 13 meet those needs, and manage state funds appropriated for 14 preservation work relating to the preservation of the library 15 and archival resources of Illinois. 16 (t) Create and maintain a State Government Report 17 Distribution Center for the General Assembly. The Center 18 shall receive all reports in all formats available required 19 by law or resolution to be filed with the General Assembly 20 and shall furnish copies of such reports on the same day on 21 which the report is filed with the Clerk of the House of 22 Representatives and the Secretary of the Senate, as required 23 by the General Assembly Organization Act, without charge to 24 members of the General Assembly upon request. This paragraph 25 does not affect the requirements of Section 21 of this Act 26 relating to the deposit of State publications with the State 27 library. 28 (Source: P.A. 91-507, eff. 8-13-99; revised 2-25-00.) 29 Section 10.4. The State Treasurer Act is amended by 30 changing Section 16.5 as follows: 31 (15 ILCS 505/16.5) 32 Sec. 16.5. College Savings Pool. The State Treasurer HB0708 Engrossed -52- LRB9203186EGfg 1 may establish and administer a College Savings Pool to 2 supplement and enhance the investment opportunities otherwise 3 available to persons seeking to finance the costs of higher 4 education. The State Treasurer, in administering the College 5 Savings Pool, may receive moneys paid into the pool by a 6 participant and may serve as the fiscal agent of that 7 participant for the purpose of holding and investing those 8 moneys. 9 "Participant", as used in this Section, means any person 10 that makes investments in the pool. "Designated 11 beneficiary", as used in this Section, means any person on 12 whose behalf an account is established in the College Savings 13 Pool by a participant. Both in-state and out-of-state persons 14 may be participants and designated beneficiaries in the 15 College Savings Pool. 16 New accounts in the College Savings Pool shall be 17 processed through participating financial institutions. 18 "Participating financial institution", as used in this 19 Section, means any financial institution insured by the 20 Federal Deposit Insurance Corporation and lawfully doing 21 business in the State of Illinois and any credit union 22 approved by the State Treasurer and lawfully doing business 23 in the State of Illinois that agrees to process new accounts 24 in the College Savings Pool. Participating financial 25 institutions may charge a processing fee to participants to 26 open an account in the pool that shall not exceed $30 until 27 the year 2001. Beginning in 2001 and every year thereafter, 28 the maximum fee limit shall be adjusted by the Treasurer 29 based on the Consumer Price Index for the North Central 30 Region as published by the United States Department of Labor, 31 Bureau of Labor Statistics for the immediately preceding 32 calendar year. Every contribution received by a financial 33 institution for investment in the College Savings Pool shall 34 be transferred from the financial institution to a location HB0708 Engrossed -53- LRB9203186EGfg 1 selected by the State Treasurer within one business day 2 following the day that the funds must be made available in 3 accordance with federal law. All communications from the 4 State Treasurer to participants shall reference the 5 participating financial institution at which the account was 6 processed. 7 The Treasurer may invest the moneys in the College 8 Savings Pool in the same manner, in the same types of 9 investments, and subject to the same limitations provided for 10 the investment of moneys by the Illinois State Board of 11 Investment. To enhance the safety and liquidity of the 12 College Savings Pool, to ensure the diversification of the 13 investment portfolio of the pool, and in an effort to keep 14 investment dollars in the State of Illinois, the State 15 Treasurer shall make a percentage of each account available 16 for investment in participating financial institutions doing 17 business in the State. The State Treasurer shall deposit 18 with the participating financial institution at which the 19 account was processed the following percentage of each 20 account at a prevailing rate offered by the institution, 21 provided that the deposit is federally insured or fully 22 collateralized and the institution accepts the deposit: 10% 23 of the total amount of each account for which the current age 24 of the beneficiary is less than 7 years of age, 20% of the 25 total amount of each account for which the beneficiary is at 26 least 7 years of age and less than 12 years of age, and 50% 27 of the total amount of each account for which the current age 28 of the beneficiary is at least 12 years of age. The State 29 Treasurer shall adjust each account at least annually to 30 ensure compliance with this Section. The Treasurer shall 31 develop, publish, and implement an investment policy covering 32 the investment of the moneys in the College Savings Pool. The 33 policy shall be published (i) at least once each year in at 34 least one newspaper of general circulation in both HB0708 Engrossed -54- LRB9203186EGfg 1 Springfield and Chicago and (ii) each year as part of the 2 audit of the College Savings Pool by the Auditor General, 3 which shall be distributed to all participants. The Treasurer 4 shall notify all participants in writing, and the Treasurer 5 shall publish in a newspaper of general circulation in both 6 Chicago and Springfield, any changes to the previously 7 published investment policy at least 30 calendar days before 8 implementing the policy. Any investment policy adopted by the 9 Treasurer shall be reviewed and updated if necessary within 10 90 days following the date that the State Treasurer takes 11 office. 12 Participants shall be required to use moneys distributed 13 from the College Savings Pool for qualified expenses at 14 eligible educational institutions. "Qualified expenses", as 15 used in this Section, means the following: (i) tuition, fees, 16 and the costs of books, supplies, and equipment required for 17 enrollment or attendance at an eligible educational 18 institution and (ii) certain room and board expenses incurred 19 while attending an eligible educational institution at least 20 half-time. "Eligible educational institutions", as used in 21 this Section, means public and private colleges, junior 22 colleges, graduate schools, and certain vocational 23 institutions that are described in Section 481 of the Higher 24 Education Act of 1965 (20 U.S.C. 1088) and that are eligible 25 to participate in Department of Education student aid 26 programs. A student shall be considered to be enrolled at 27 least half-time if the student is enrolled for at least half 28 the full-time academic work load for the course of study the 29 student is pursuing as determined under the standards of the 30 institution at which the student is enrolled. Distributions 31 made from the pool for qualified expenses shall be made 32 directly to the eligible educational institution, directly to 33 a vendor, or in the form of a check payable to both the 34 beneficiary and the institution or vendor. Any moneys that HB0708 Engrossed -55- LRB9203186EGfg 1 are distributed in any other manner or that are used for 2 expenses other than qualified expenses at an eligible 3 educational institution shall be subject to a penalty of 10% 4 of the earnings unless the beneficiary dies, becomes 5 disabled, or receives a scholarship that equals or exceeds 6 the distribution. Penalties shall be withheld at the time the 7 distribution is made. 8 The Treasurer shall limit the contributions that may be 9 made on behalf of a designated beneficiary based on an 10 actuarial estimate of what is required to pay tuition, fees, 11 and room and board for 5 undergraduate years at the highest 12 cost eligible educational institution. The contributions made 13 on behalf of a beneficiary who is also a beneficiary under 14 the Illinois Prepaid Tuition Program shall be further 15 restricted to ensure that the contributions in both programs 16 combined do not exceed the limit established for the College 17 Savings Pool. The Treasurer shall provide the Illinois 18 Student Assistance Commission each year at a time designated 19 by the Commission, an electronic report of all participant 20 accounts in the Treasurer's College Savings Pool, listing 21 total contributions and disbursements from each individual 22 account during the previous calendar year. As soon 23 thereafter as is possible following receipt of the 24 Treasurer's report, the Illinois Student Assistance 25 Commission shall, in turn, provide the Treasurer with an 26 electronic report listing those College Savings Pool 27 participants who also participate in the State's prepaid 28 tuition program, administered by the Commission. The 29 Commission shall be responsible for filing any combined tax 30 reports regarding State qualified savings programs required 31 by the United States Internal Revenue Service. The Treasurer 32 shall work with the Illinois Student Assistance Commission to 33 coordinate the marketing of the College Savings Pool and the 34 Illinois Prepaid Tuition Program when considered beneficial HB0708 Engrossed -56- LRB9203186EGfg 1 by the Treasurer and the Director of the Illinois Student 2 Assistance Commission. The Treasurer's office shall not 3 publicize or otherwise market the College Savings Pool or 4 accept any moneys into the College Savings Pool prior to 5 March 1, 2000. The Treasurer shall provide a separate 6 accounting for each designated beneficiary to each 7 participant, the Illinois Student Assistance Commission, and 8 the participating financial institution at which the account 9 was processed. No interest in the program may be pledged as 10 security for a loan. 11 The assets of the College Savings Pool and its income and 12 operation shall be exempt from all taxation by the State of 13 Illinois and any of its subdivisions. The accrued earnings 14 on investments in the Pool once disbursed on behalf of a 15 designated beneficiary shall be similarly exempt from all 16 taxation by the State of Illinois and its subdivisions, so 17 long as they are used for qualified expenses. The provisions 18 of this paragraph are exempt from Section 250 of the Illinois 19 Income Tax Act. 20 The Treasurer shall adopt rules he or she considers 21 necessary for the efficient administration of the College 22 Savings Pool. The rules shall provide whatever additional 23 parameters and restrictions are necessary to ensure that the 24 College Savings Pool meets all of the requirements for a 25 qualified state tuition program under Section 529 of the 26 Internal Revenue Code (26 U.S.C. 52952). The rules shall 27 provide for the administration expenses of the pool to be 28 paid from its earnings and for the investment earnings in 29 excess of the expenses and all moneys collected as penalties 30 to be credited or paid monthly to the several participants in 31 the pool in a manner which equitably reflects the differing 32 amounts of their respective investments in the pool and the 33 differing periods of time for which those amounts were in the 34 custody of the pool. Also, the rules shall require the HB0708 Engrossed -57- LRB9203186EGfg 1 maintenance of records that enable the Treasurer's office to 2 produce a report for each account in the pool at least 3 annually that documents the account balance and investment 4 earnings. Notice of any proposed amendments to the rules and 5 regulations shall be provided to all participants prior to 6 adoption. Amendments to rules and regulations shall apply 7 only to contributions made after the adoption of the 8 amendment. 9 Upon creating the College Savings Pool, the State 10 Treasurer shall give bond with 2 or more sufficient sureties, 11 payable to and for the benefit of the participants in the 12 College Savings Pool, in the penal sum of $1,000,000, 13 conditioned upon the faithful discharge of his or her duties 14 in relation to the College Savings Pool. 15 (Source: P.A. 91-607, eff. 1-1-00; 91-829, eff. 1-1-01; 16 revised 7-3-00.) 17 Section 11. The Civil Administrative Code of Illinois is 18 amended by changing the heading to Article 1, adding Section 19 1-2 and changing Sections 1-5, 5-300, 5-310, 5-315, 5-320, 20 5-325, 5-330, 5-335, 5-340, 5-345, 5-350, 5-355, 5-360, 21 5-365, 5-370, 5-375, 5-385, 5-390, 5-395, 5-400, 5-410, 22 5-415, 5-420, and 5-550 as follows: 23 (20 ILCS 5/Art. 1 heading) 24 ARTICLE 1.SHORT TITLE ANDGENERAL PROVISIONS 25 (20 ILCS 5/1-2 new) 26 Sec. 1-2. Article short title. This Article may be cited 27 as the General Provisions Article of the Civil Administrative 28 Code of Illinois. 29 (20 ILCS 5/1-5) 30 Sec. 1-5. Articles. The Civil Administrative Code of HB0708 Engrossed -58- LRB9203186EGfg 1 Illinois consists of the following Articles: 2 Article 1.Short title andGeneral Provisions (20 ILCS 3 5/1-1 and following). 4 Article 5. Departments of State Government Law (20 ILCS 5 5/5-1 and following). 6 Article 50. State Budget Law (15 ILCS 20/50/). 7 Article 110. Department on Aging Law (20 ILCS 110/). 8 Article 205. Department of Agriculture Law (20 ILCS 9 205/). 10 Article 250. State Fair Grounds Title Law (5 ILCS 620/ 11250/). 12 Article 310. Department of Human Services (Alcoholism and 13 Substance Abuse) Law (20 ILCS 310/). 14 Article 405. Department of Central Management Services 15 Law (20 ILCS 405/). 16 Article 510. Department of Children and Family Services 17 Powers Law (20 ILCS 510/). 18 Article 605. Department of Commerce and Community Affairs 19 Law (20 ILCS 605/). 20 Article 805. Department of Natural Resources 21 (Conservation) Law (20 ILCS 805/). 22 Article 1005. Department of Employment Security Law (20 23 ILCS 1005/). 24 Article 1405. Department of Insurance Law (20 ILCS 25 1405/). 26 Article 1505. Department of Labor Law (20 ILCS 1505/). 27 Article 1710. Department of Human Services (Mental Health 28 and Developmental Disabilities) Law (20 ILCS 1710/). 29 Article 1905. Department of Natural Resources (Mines and 30 Minerals) Law (20 ILCS 1905/). 31 Article 2005. Department of Nuclear Safety Law (20 ILCS 32 2005/). 33 Article 2105. Department of Professional Regulation Law 34 (20 ILCS 2105/). HB0708 Engrossed -59- LRB9203186EGfg 1 Article 2205. Department of Public Aid Law (20 ILCS 2 2205/). 3 Article 2310. Department of Public Health Powers and 4 Duties Law (20 ILCS 2310/). 5 Article 2505. Department of Revenue Law (20 ILCS 2505/). 6 Article 2605. Department of State Police Law (20 ILCS 7 2605/). 8 Article 2705. Department of Transportation Law (20 ILCS 9 2705/). 10 Article 3000. University of Illinois Exercise of 11 Functions and Duties Law (110 ILCS 355/). 12 (Source: P.A. 91-239, eff. 1-1-00; revised 7-27-99.) 13 (20 ILCS 5/5-300) (was 20 ILCS 5/9) 14 Sec. 5-300. Officers' qualifications and salaries. The 15 executive and administrative officers, whose offices are 16 created by this Act, must have the qualifications prescribed 17 by law and shall receive annual salaries, payable in equal 18 monthly installments, as designated in the Sections following 19 this Section and preceding Section 5-5009.31. If set by the 20 Governor, those annual salaries may not exceed 85% of the 21 Governor's annual salary. 22 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 23 revised 8-2-99.) 24 (20 ILCS 5/5-310) (was 20 ILCS 5/9.21) 25 Sec. 5-310. In the Department on Aging. The Director of 26 Aging shall receive an annual salary as set by the Governor 27 from time to time or as set by the Compensation Review Board, 28 whichever is greater. 29 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 30 revised 8-1-99.) 31 (20 ILCS 5/5-315) (was 20 ILCS 5/9.02) HB0708 Engrossed -60- LRB9203186EGfg 1 Sec. 5-315. In the Department of Agriculture. The 2 Director of Agriculture shall receive an annual salary as set 3 by the Governor from time to time or as set by the 4 Compensation Review Board, whichever is greater. 5 The Assistant Director of Agriculture shall receive an 6 annual salary as set by the Governor from time to time or as 7 set by the 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 5/5-320) (was 20 ILCS 5/9.19) 11 Sec. 5-320. In the Department of Central Management 12 Services. The Director of Central Management Services shall 13 receive an annual salary as set by the Governor from time to 14 time or an amount set by the Compensation Review Board, 15 whichever is greater. 16 Each Assistant Director of Central Management Services 17 shall receive an annual salary as set by the Governor from 18 time to time or an amount set by the Compensation Review 19 Board, whichever is 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 5/5-325) (was 20 ILCS 5/9.16) 23 Sec. 5-325. In the Department of Children and Family 24 Services. The Director of Children and Family Services shall 25 receive an annual salary as set by the Governor from time to 26 time or as set by the Compensation Review Board, whichever is 27 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 5/5-330) (was 20 ILCS 5/9.18) 31 Sec. 5-330. In the Department of Commerce and Community HB0708 Engrossed -61- LRB9203186EGfg 1 Affairs. The Director of Commerce and Community Affairs 2 shall receive an annual salary as set by the Governor from 3 time to time or as set by the Compensation Review Board, 4 whichever is greater. 5 The Assistant Director of Commerce and Community Affairs 6 shall receive an annual salary as set by the Governor from 7 time to time or as set by the Compensation Review Board, 8 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 5/5-335) (was 20 ILCS 5/9.11a) 12 Sec. 5-335. In the Department of Corrections. The 13 Director of Corrections shall receive an annual salary as set 14 by the Governor from time to time or as set by the 15 Compensation Review Board, whichever is greater. 16 The Assistant Director of Corrections - Juvenile Division 17 shall receive an annual salary as set by the Governor from 18 time to time or as set by the Compensation Review Board, 19 whichever is greater. 20 The Assistant Director of Corrections - Adult Division 21 shall receive an annual salary as set by the Governor from 22 time to time or as set by the Compensation Review Board, 23 whichever is greater. 24 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 25 revised 8-1-99.) 26 (20 ILCS 5/5-340) (was 20 ILCS 5/9.30) 27 Sec. 5-340. In the Department of Employment Security. 28 The Director of Employment Security shall receive an annual 29 salary of as set by the Governor from time to time or an 30 amount set by the Compensation Review Board, whichever is 31 greater. 32 Each member of the Board of Review shall receive $15,000. HB0708 Engrossed -62- LRB9203186EGfg 1 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 2 revised 8-1-99.) 3 (20 ILCS 5/5-345) (was 20 ILCS 5/9.15) 4 Sec. 5-345. In the Department of Financial Institutions. 5 The Director of Financial Institutions shall receive an 6 annual salary as set by the Governor from time to time or as 7 set by the Compensation Review Board, whichever is greater. 8 The Assistant Director of Financial Institutions shall 9 receive an annual salary as set by the Governor from time to 10 time or as set by the Compensation Review Board, whichever is 11 greater. 12 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 13 revised 8-1-99.) 14 (20 ILCS 5/5-350) (was 20 ILCS 5/9.24) 15 Sec. 5-350. In the Department of Human Rights. The 16 Director of Human Rights shall receive an annual salary as 17 set by the Governor from time to time or as set by the 18 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 5/5-355) (was 20 ILCS 5/9.05a) 22 Sec. 5-355. In the Department of Human Services. The 23 Secretary of Human Services shall receive an annual salary as 24 set by the Governor from time to time5-335 Lawor such other 25 amount as may be set by the Compensation Review Board, 26 whichever is greater. 27 The Assistant Secretaries of Human Services shall each 28 receive an annual salary as set by the Governor from time to 29 time5-395 Lawor such other amount as may be set by the 30 Compensation Review Board, whichever is greater. 31 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; HB0708 Engrossed -63- LRB9203186EGfg 1 revised 8-1-99.) 2 (20 ILCS 5/5-360) (was 20 ILCS 5/9.10) 3 Sec. 5-360. In the Department of Insurance. The Director 4 of Insurance shall receive an annual salary as set by the 5 Governor from time to time or as set by the Compensation 6 Review Board, whichever is greater. 7 The Assistant Director of Insurance shall receive an 8 annual salary as set by the Governor from time to time or as 9 set by the Compensation Review Board, whichever is greater. 10 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 11 revised 8-1-99.) 12 (20 ILCS 5/5-365) (was 20 ILCS 5/9.03) 13 Sec. 5-365. In the Department of Labor. The Director of 14 Labor shall receive an annual salary as set by the Governor 15 from time to time or as set by the Compensation Review Board, 16 whichever is greater. 17 The Assistant Director of Labor shall receive an annual 18 salary as set by the Governor from time to time or as set by 19 the Compensation Review Board, whichever is greater. 20 The Chief Factory Inspector shall receive $24,700 from 21 the third Monday in January, 1979 to the third Monday in 22 January, 1980, and $25,000 thereafter, or as set by the 23 Compensation Review Board, whichever is greater. 24 The Superintendent of Safety Inspection and Education 25 shall receive $27,500, or as set by the Compensation Review 26 Board, whichever is greater. 27 The Superintendent of Women's and Children's Employment 28 shall receive $22,000 from the third Monday in January, 1979 29 to the third Monday in January, 1980, and $22,500 thereafter, 30 or as set by the Compensation Review Board, whichever is 31 greater. 32 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; HB0708 Engrossed -64- LRB9203186EGfg 1 revised 8-1-99.) 2 (20 ILCS 5/5-370) (was 20 ILCS 5/9.31) 3 Sec. 5-370. In the Department of the Lottery. The 4 Director of the Lottery shall receive an annual salary as set 5 by the Governor from time to time or an amount set by the 6 Compensation Review Board, whichever is greater. 7 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 8 revised 8-1-99.) 9 (20 ILCS 5/5-375) (was 20 ILCS 5/9.09) 10 Sec. 5-375. In the Department of Natural Resources. The 11 Director of Natural Resources shall continue to receive the 12 annual salary set by law for the Director of Conservation 13 until January 20, 1997. Beginning on that date, the Director 14 of Natural Resources shall receive an annual salary as set by 15 the Governor from time to time or the amount set by the 16 Compensation Review Board, whichever is greater. 17 The Assistant Director of Natural Resources shall 18 continue to receive the annual salary set by law for the 19 Assistant Director of Conservation until January 20, 1997. 20 Beginning on that date, the Assistant Director of Natural 21 Resources shall receive an annual salary as set by the 22 Governor from time to time or the amount set by the 23 Compensation Review Board, whichever is greater. 24 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 25 revised 8-1-99.) 26 (20 ILCS 5/5-385) (was 20 ILCS 5/9.25) 27 Sec. 5-385. In the Department of Nuclear Safety. The 28 Director of Nuclear Safety shall receive an annual salary as 29 set by the Governor from time to time or as set by the 30 Compensation Review Board, whichever is greater. 31 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; HB0708 Engrossed -65- LRB9203186EGfg 1 revised 8-1-99.) 2 (20 ILCS 5/5-390) (was 20 ILCS 5/9.08) 3 Sec. 5-390. In the Department of Professional Regulation. 4 The Director of Professional Regulation shall receive an 5 annual salary as set by the Governor from time to time or as 6 set by the Compensation Review Board, whichever is greater. 7 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 8 revised 8-1-99.) 9 (20 ILCS 5/5-395) (was 20 ILCS 5/9.17) 10 Sec. 5-395. In the Department of Public Aid. The 11 Director of Public Aid shall receive an annual salary as set 12 by the Governor from time to time or as set by the 13 Compensation Review Board, whichever is greater. 14 The Assistant Director of Public Aid shall receive an 15 annual salary as set by the Governor from time to time or as 16 set by the Compensation Review Board, 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 5/5-400) (was 20 ILCS 5/9.07) 20 Sec. 5-400. In the Department of Public Health. The 21 Director of Public Health shall receive an annual salary as 22 set by the Governor from time to time or as set by the 23 Compensation Review Board, whichever is greater. 24 The Assistant Director of Public Health shall receive an 25 annual salary as set by the Governor from time to time or as 26 set by the 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 5/5-410) (was 20 ILCS 5/9.11) 30 Sec. 5-410. In the Department of State Police. The HB0708 Engrossed -66- LRB9203186EGfg 1 Director of State Police shall receive an annual salary as 2 set by the Governor from time to time or as set by the 3 Compensation Review Board, whichever is greater. 4 The Assistant Director of State Police shall receive an 5 annual salary as set by the Governor from time to time or as 6 set by the Compensation Review Board, whichever is greater. 7 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 8 revised 8-1-99.) 9 (20 ILCS 5/5-415) (was 20 ILCS 5/9.05) 10 Sec. 5-415. In the Department of Transportation. The 11 Secretary of Transportation shall receive an annual salary as 12 set by the Governor from time to time or as set by the 13 Compensation Review Board, whichever is greater. 14 The Assistant Secretary of Transportation shall receive 15 an annual salary as set by the Governor from time to time or 16 as set by the Compensation Review Board, whichever is 17 greater. 18 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 19 revised 8-1-99.) 20 (20 ILCS 5/5-420) (was 20 ILCS 5/9.22) 21 Sec. 5-420. In the Department of Veterans' Affairs. The 22 Director of Veterans' Affairs shall receive an annual salary 23 as set by the Governor from time to time or as set by the 24 Compensation Review Board, whichever is greater. 25 The Assistant Director of Veterans' Affairs shall receive 26 an annual salary as set by the Governor from time to time or 27 as set by the Compensation Review Board, whichever is 28 greater. 29 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 30 revised 8-1-99.) 31 (20 ILCS 5/5-550) (was 20 ILCS 5/6.23) HB0708 Engrossed -67- LRB9203186EGfg 1 Sec. 5-550. In the Department of Human Services. A 2 State Rehabilitation Council, hereinafter referred to as the 3 Council, is hereby established for the purpose of advising 4 the Secretary and the vocational rehabilitation administrator 5 of the provisions of the federal Rehabilitation Act of 1973 6 and the Americans with Disabilities Act of 1990 in matters 7 concerning individuals with disabilities and the provision of 8 rehabilitation services. The Council shall consist of 25 9 members appointed by the Governor after soliciting 10 recommendations from representatives of organizations 11 representing a broad range of individuals with disabilities 12 and organizations interested in individuals with 13 disabilities. The Governor shall appoint to this Council the 14 following: 15 (1) One representative of a parent training center 16 established in accordance with the federal Individuals 17 with Disabilities Education Act. 18 (2) One representative of the client assistance 19 program. 20 (3) One vocational rehabilitation counselor who has 21 knowledge of and experience with vocational 22 rehabilitation programs. (If an employee of the 23 Department is appointed, that appointee shall serve as an 24 ex officio, nonvoting member.) 25 (4) One representative of community rehabilitation 26 program service providers. 27 (5) Four representatives of business, industry, and 28 labor. 29 (6) Eight representatives of disability advocacy 30 groups representing a cross section of the following: 31 (A) individuals with physical, cognitive, 32 sensory, and mental disabilities; and 33 (B) parents, family members, guardians, 34 advocates, or authorized representative of HB0708 Engrossed -68- LRB9203186EGfg 1 individuals with disabilities who have difficulty in 2 representing themselves or who are unable, due to 3 their disabilities, to represent themselves. 4 (7) One current or former applicant for, or 5 recipient of, vocational rehabilitation services. 6 (8) Three representatives from secondary or higher 7 education. 8 (9) One representative of the State Workforce 9 Investment Board. 10 (10) One representative of the Illinois State Board 11 of Education who is knowledgeable about the Individuals 12 with Disabilities Education Act. 13 The chairperson of, or a member designated by, the Statewide 14 Independent Living Council created under Section 12a of the 15 Disabled Persons Rehabilitation Act, the chairperson of the 16 Blind Services Planning Council created under the Bureau for 17 the Blind Act, and the vocational rehabilitation 18 administrator shall serve as ex officio members. The 19 vocational rehabilitation administrator shall have no vote. 20 The Council shall select a Chairperson. 21 The Chairperson and at least 12 other members of the 22 Council shall have a recognized disability. One member shall 23 be a senior citizen age 60 or over. A majority of the 24 Council members shall not be employees of the Department of 25 Human Services. Current members of the Rehabilitation 26 Services Council shall serve until members of the newly 27 created Council are appointed. 28 The terms of all members appointed before the effective 29 date of Public Act 88-10 shall expire on July 1, 1993. The 30 members first appointed under Public Act 88-10 shall be 31 appointed to serve for staggered terms beginning July 1, 32 1993, as follows: 7 members shall be appointed for terms of 33 3 years, 7 members shall be appointed for terms of 2 years, 34 and 6 members shall be appointed for terms of one year. HB0708 Engrossed -69- LRB9203186EGfg 1 Thereafter, all appointments shall be for terms of 3 years. 2 Vacancies shall be filled for the unexpired term. 3 Appointments to fill vacancies in unexpired terms and new 4 terms shall be filled by the Governor or by the Council if 5 the Governor delegates that power to the Council by executive 6 order. Members shall serve until their successors are 7 appointed and qualified. No member, except the 8 representative of the client assistance program, shall serve 9 for more than 2 full terms. 10 Members shall be reimbursed for their actual expenses 11 incurred in the performance of their duties, including 12 expenses for travel, child care, and personal assistance 13 services, and a member who is not employed or who must 14 forfeit wages from other employment shall be paid reasonable 15 compensation for each day the member is engaged in performing 16 the duties of the Council. 17 The Council shall meet at least 4 times per year at times 18 and places designated by the Chairman upon 10 days written 19 notice to the members. Special meetings may be called by the 20 Chairperson or 7 members of the Council upon 7 days written 21 notice to the other members. Nine members shall constitute a 22 quorum. No member of the Council shall cast a vote on any 23 matter that would provide direct financial benefit to the 24 member or otherwise give the appearance of a conflict of 25 interest under Illinois law. 26 The Council shall prepare and submit to the vocational 27 rehabilitation administrator the reports and findings that 28 the vocational rehabilitation administratoror shemay 29 request or that the Council deems fit. The Council shall 30 select jointly with the vocational rehabilitation 31 administrator a pool of qualified persons to serve as 32 impartial hearing officers. The Council shall, with the 33 vocational rehabilitation unit in the Department, jointly 34 develop, agree to, and review annually State goals and HB0708 Engrossed -70- LRB9203186EGfg 1 priorities and jointly submit annual reports of progress to 2 the federal Commissioner of the Rehabilitation Services 3 Administration. 4 To the extent that there is a disagreement between the 5 Council and the unit within the Department of Human Services 6 responsible for the administration of the vocational 7 rehabilitation program, regarding the resources necessary to 8 carry out the functions of the Council as set forth in this 9 Section, the disagreement shall be resolved by the Governor. 10 (Source: P.A. 90-453, eff. 8-16-97; 91-239, eff. 1-1-00; 11 91-540, eff. 8-13-99; revised 8-25-99.) 12 Section 13. The Department of Agriculture Law of the 13 Civil Administrative Code of Illinois is amended by 14 renumbering Section 40.43 and changing Section 205-60 as 15 follows: 16 (20 ILCS 205/205-47) (was 20 ILCS 205/40.43) 17 Sec. 205-47.40.43.Value Added Agricultural Products. 18 (a) To expend funds appropriated to the Department of 19 Agriculture to develop and implement a grant program for 20 value added agricultural products, to be called the "Illinois 21 Value-Added Agriculture Enhancement Program". The grants are 22 to provide 50% of (i) the cost of undertaking feasibility 23 studies, competitive assessments, and consulting or 24 productivity services that the Department determines may 25 result in enhancement of value added agricultural products 26 and (ii) seed money for new or expanding agribusiness. 27 (b) "Agribusiness" means any sole proprietorship, 28 limited partnership, copartnership, joint venture, 29 corporation, or cooperative that operates or will operate a 30 facility located within the State of Illinois that is related 31 to the processing of agricultural commodities (including, 32 without limitation, the products of aquaculture, hydroponics, HB0708 Engrossed -71- LRB9203186EGfg 1 and silviculture) or the manufacturing, production, or 2 construction of agricultural buildings, structures, 3 equipment, implements, and supplies, or any other facilities 4 or processes used in agricultural production. Agribusiness 5 includes but is not limited to the following: 6 (1) grain handling and processing, including grain 7 storage, drying, treatment, conditioning, milling, and 8 packaging; 9 (2) seed and feed grain development and processing; 10 (3) fruit and vegetable processing, including 11 preparation, canning, and packaging; 12 (4) processing of livestock and livestock products, 13 dairy products, poultry and poultry products, fish, or 14 apiarian products, including slaughter, shearing, 15 collecting, preparation, canning, and packaging; 16 (5) fertilizer and agricultural chemical 17 manufacturing, processing, application, and supplying; 18 (6) farm machinery, equipment, and implement 19 manufacturing and supplying; 20 (7) manufacturing and supplying of agricultural 21 commodity processing machinery and equipment, including 22 machinery and equipment used in slaughter, treatment, 23 handling, collecting, preparation, canning, or packaging 24 of agricultural commodities; 25 (8) farm building and farm structure manufacturing, 26 construction, and supplying; 27 (9) construction, manufacturing, implementation, 28 supplying, or servicing of irrigation, drainage, and soil 29 and water conservation devices or equipment; 30 (10) fuel processing and development facilities 31 that produce fuel from agricultural commodities or 32 by-products; 33 (11) facilities and equipment for processing and 34 packaging agricultural commodities specifically for HB0708 Engrossed -72- LRB9203186EGfg 1 export; 2 (12) facilities and equipment for forestry product 3 processing and supplying, including sawmilling 4 operations, wood chip operations, timber harvesting 5 operations, and manufacturing of prefabricated buildings, 6 paper, furniture, or other goods from forestry products; 7 and 8 (13) facilities and equipment for research and 9 development of products, processes, and equipment for the 10 production, processing, preparation, or packaging of 11 agricultural commodities and by-products. 12 (c) The "Illinois Value-Added Agriculture Enhancement 13 Program Fund" is created as a special fund in the State 14 Treasury to provide grants to Illinois' small agribusinesses, 15 subject to appropriation for that purpose. Each grant 16 awarded under this program shall provide funding for up to 17 50% of the cost of (i) the development of valued added 18 agricultural products or (ii) seed money for new or expanding 19 agribusiness, not to exceed 50% of appropriated funds. 20 Notwithstanding the other provisions of this paragraph, the 21 fund shall not be used to provide seed money to an Illinois 22 small agribusiness for the purpose of compliance with the 23 provisions of the Livestock Management Facilities Act. 24 (d) For the purposes of this Section, "Illinois small 25 agribusiness" means a "small business concern" as defined in 26 Title 15 United States Code, Section 632, that primarily 27 conducts its business in Illinois. 28 (e) The Department shall make such rules and regulations 29 as may be necessary to carry out its statutory duties. Among 30 other duties, the Department, through the program, may do all 31 of the following: 32 (1) Make and enter into contracts, including but 33 not limited to making grants specified by the General 34 Assembly pursuant to appropriations by the General HB0708 Engrossed -73- LRB9203186EGfg 1 Assembly from the Illinois Value-Added Agriculture 2 Enhancement Program Fund, and generally to do all such 3 things as, in its judgment, may be necessary, proper, and 4 expedient in accomplishing its duties. 5 (2) Provide for, staff, and administer a program in 6 which the Department shall plan and coordinate State 7 efforts designed to aid and stimulate the development of 8 value-added agribusiness. 9 (3) Make grants on the terms and conditions that 10 the Department shall determine, except that no grant made 11 under the provisions of this item (3) shall exceed 50% of 12 the direct costs. 13 (4) Act as the State Agriculture Planning Agency, 14 and accept and use planning grants or other financial 15 assistance from the federal government (i) for statewide 16 comprehensive planning work including research and 17 coordination activity directly related to agriculture 18 needs; and (ii) for state and inter-state comprehensive 19 planning and research and coordination activity related 20 thereto. All such grants shall be subject to the terms 21 and conditions prescribed by the federal government. 22 (f) The Illinois Value-Added Agricultural Enhancement 23 Fund is subject to the provisions of the Illinois Grant Funds 24 Recovery Act (GFRA). 25 (Source: P.A. 91-560, eff. 8-14-99; revised 10-25-99.) 26 (20 ILCS 205/205-60) (was 20 ILCS 205/40.35) 27 Sec. 205-60. Aquaculture. The Department has the power 28 to develop and implement a program to promote aquaculture and 29 to make grants to an aquaculture cooperative in this State 30 pursuant to the Aquaculture Development Act, to promulgate 31 the necessary rules and regulations, and to cooperate with 32 and seek the assistance of the Department of Natural 33 Resources and the Department of Transportation in the HB0708 Engrossed -74- LRB9203186EGfg 1 implementation and enforcement of that Act. 2 (Source: P.A. 91-239, eff. 1-1-00; 91-530, eff. 8-13-99; 3 revised 10-25-99.) 4 Section 13.5. The Alcoholism and Other Drug Abuse and 5 Dependency Act is amended by changing Section 10-45 as 6 follows: 7 (20 ILCS 301/10-45) 8 Sec. 10-45. Membership. The Board shall consist of 16 9 members: 10 (a) The Director of Aging. 11 (b) The State Superintendent of Education. 12 (c) The Director of Corrections. 13 (d) The Director of State Police. 14 (e) The Director of Professional Regulation. 15 (f) (Blank). 16 (g) The Director of Children and Family Services. 17 (h) (Blank). 18 (i) The Director of Public Aid. 19 (j) The Director of Public Health. 20 (k) The Secretary of State. 21 (l) The Secretary of Transportation. 22 (m) The Director of Insurance. 23 (n) The Director of the Administrative Office of 24 the Illinois Courts. 25 (o) The Chairman of the Board of Higher Education. 26 (p) The Director of Revenue. 27 (q) The Executive Director of the Criminal Justice 28 Information Authority. 29 (r) A chairman who shall be appointed by the 30 Governor for a term of 3 years. 31 Each member may designate a representative to serve in his or 32 her place by written notice to the Department. HB0708 Engrossed -75- LRB9203186EGfg 1 (Source: P.A. 88-80; 89-507, eff. 7-1-97; revised 2-23-00.) 2 Section 15. The Department of Children and Family 3 Services Powers Law of the Civil Administrative Code of 4 Illinois is amended by changing Section 510-5 as follows: 5 (20 ILCS 510/510-5) 6 Sec. 510-5. Definition. As used in this Article 51030, 7 "Department" means the Department of Children and Family 8 Services. 9 (Source: P.A. 91-239, eff. 1-1-00; revised 11-5-99.) 10 Section 16. The Department of Commerce and Community 11 Affairs Law of the Civil Administrative Code of Illinois is 12 amended by changing Sections 605-55, 605-385, 605-415, 13 605-615, 605-705, 605-850, 605-855, 605-860, and 605-940 and 14 renumbering Sections 46.19k, 46.34a, 46.34b, 46.70, 46.71, 15 and 46.76 as follows: 16 (20 ILCS 605/605-55) (was 20 ILCS 605/46.21) 17 Sec. 605-55. Contracts and other acts to accomplish 18 Department's duties. To make and enter into contracts, 19 including but not limited to making grants and loans to units 20 of local government, private agencies as defined in the 21 Illinois State Auditing Act, non-profit corporations, 22 educational institutions, and for-profit businesses as 23 authorized pursuant to appropriations by the General Assembly 24 from the Build Illinois Bond Fund, the Build Illinois 25 Purposes Fund, the Fund for Illinois' Future, the Capital 26 Development Fund, and the General Revenue Fund, and generally 27 to do all things that, in its judgment, may be necessary, 28 proper, and expedient in accomplishing its duties. 29 (Source: P.A. 91-34, eff. 7-1-99; 91-239, eff. 1-1-00; 30 revised 8-3-99.) HB0708 Engrossed -76- LRB9203186EGfg 1 (20 ILCS 605/605-111) (was 20 ILCS 605/46.34a) 2 Sec. 605-111. Transfer relating to the Illinois Main 3 Street Program.46.34a.To assume from the Office of the 4 Lieutenant Governor on July 1, 1999, all personnel, books, 5 records, papers, documents, property both real and personal, 6 and pending business in any way pertaining to the Illinois 7 Main Street Program. All personnel transferred pursuant to 8 this Section shall receive certified status under the 9 Personnel Code. 10 (Source: P.A. 91-25, eff. 6-9-99; revised 8-2-99.) 11 (20 ILCS 605/605-112) (was 20 ILCS 605/46.34b) 12 Sec. 605-112. Transfer relating to the State Data 13 Center.46.34b.To assume from the Executive Office of the 14 Governor, Bureau of the Budget, on July 1, 1999, all 15 personnel, books, records, papers, documents, property both 16 real and personal, and pending business in any way pertaining 17 to the State Data Center, established pursuant to a 18 Memorandum of Understanding entered into with the Census 19 Bureau pursuant to 15 U.S.C. Section 1525. All personnel 20 transferred pursuant to this Section shall receive certified 21 status under the Personnel Code. 22 (Source: P.A. 91-25, eff. 6-9-99; revised 8-2-99.) 23 (20 ILCS 605/605-323) (was 20 ILCS 605/46.76) 24 Sec. 605-323.46.76.Energy Assistance Contribution 25 Fund. 26 (a) The Department may accept gifts, grants, awards, 27 matching contributions, interest income, appropriations, and 28 cost sharings from individuals, businesses, governments, and 29 other third-party sources, on terms that the Director deems 30 advisable, to assist eligible households, businesses, 31 industries, educational institutions, hospitals, health care 32 facilities, and not-for-profit entities to obtain and HB0708 Engrossed -77- LRB9203186EGfg 1 maintain reliable and efficient energy related services, or 2 to improve the efficiency of such services. 3 (b) The Energy Assistance Contribution Fund is created 4 as a special fund in the State Treasury, and all moneys 5 received under this Section shall be deposited into that 6 Fund. Moneys in the Energy Assistance Contribution Fund may 7 be expended for purposes consistent with the conditions under 8 which those moneys are received, subject to appropriations 9 made by the General Assembly for those purposes. 10 (Source: P.A. 91-34, eff. 7-1-99; revised 8-3-99.) 11 (20 ILCS 605/605-385) (was 20 ILCS 605/46.62) 12 Sec. 605-385. Technology Challenge Grant Program; 13 IllinoisAdvancedTechnology Enterprise Development and 14 Investment Program. To establish and administer a Technology 15 Challenge Grant Program and an Illinois Technology Enterprise 16 Development and Investment Program as provided by the 17 Technology Advancement and Development Act and to expend 18 appropriations in accordance therewith. 19 (Source: P.A. 91-239, eff. 1-1-00; 91-476, eff. 8-11-99; 20 revised 10-20-99.) 21 (20 ILCS 605/605-415) 22 Sec. 605-415. Job Training and Economic Development 23 Grant Program. 24 (a) Legislative findings. The General Assembly finds 25 that: 26 (1) Despite the large number of unemployed job 27 seekers, many employers are having difficulty matching 28 the skills they require with the skills of workers; a 29 similar problem exists in industries where overall 30 employment may not be expanding but there is an acute 31 need for skilled workers in particular occupations. 32 (2) The State of Illinois should foster local HB0708 Engrossed -78- LRB9203186EGfg 1 economic development by linking the job training of 2 unemployed disadvantaged citizens with the workforce 3 needs of local business and industry. 4 (3) Employers often need assistance in developing 5 training resources that will provide work opportunities 6 for disadvantaged populations. 7 (b) Definitions. As used in this Section: 8 "Community based provider" means a not-for-profit 9 organization, with local boards of directors, that directly 10 provides job training services. 11 "Disadvantaged persons" has the same meaning as in Titles 12 II-A and II-C of the federal Job Training Partnership Act. 13 "Training partners" means a community-based provider and 14 one or more employers who have established training and 15 placement linkages. 16 (c) From funds appropriated for that purpose, the 17 Department of Commerce and Community Affairs shall administer 18 a Job Training and Economic Development Grant Program. The 19 Director shall make grants to community-based providers. The 20 grants shall be made to support the following: 21 (1) Partnerships between community-based providers 22 and employers for the customized training of existing 23 low-skilled, low-wage employees and newly hired 24 disadvantaged persons. 25 (2) Partnerships between community-based providers 26 and employers to develop and operate training programs 27 that link the work force needs of local industry with the 28 job training of disadvantaged persons. 29 (d) For projects created under paragraph (1) of 30 subsection (c): 31 (1) The Department shall give a priority to 32 projects that include an in-kind match by an employer in 33 partnership with a community-based provider and projects 34 that use instructional materials and training instructors HB0708 Engrossed -79- LRB9203186EGfg 1 directly used in the specific industry sector of the 2 partnership employer. 3 (2) The partnership employer must be an active 4 participant in the curriculum development and train 5 primarily disadvantaged populations. 6 (e) For projects created under paragraph (2) of 7 subsection (c): 8 (1) Community based organizations shall assess the 9 employment barriers and needs of local residents and work 10 in partnership with local economic development 11 organizations to identify the priority workforce needs of 12 the local industry. 13 (2) Training partners (that is, community-based 14 organizations and employers) shall work together to 15 design programs with maximum benefits to local 16 disadvantaged persons and local employers. 17 (3) Employers must be involved in identifying 18 specific skill-training needs, planning curriculum, 19 assisting in training activities, providing job 20 opportunities, and coordinating job retention for people 21 hired after training through this program and follow-up 22 support. 23 (4) The community-based organizations shall serve 24 disadvantaged persons, including welfare recipients. 25 (f) The Department shall adopt rules for the grant 26 program and shall create a competitive application procedure 27 for those grants to be awarded beginning in fiscal year 1998. 28 Grants shall be based on a performance based contracting 29 system. Each grant shall be based on the cost of providing 30 the training services and the goals negotiated and made a 31 part of the contract between the Department and the training 32 partners. The goals shall include the number of people to be 33 trained, the number who stay in the program, the number who 34 complete the program, the number who enter employment, their HB0708 Engrossed -80- LRB9203186EGfg 1 wages, and the number who retain employment. The level of 2 success in achieving employment, wage, and retention goals 3 shall be a primary consideration for determining contract 4 renewals and subsequent funding levels. In setting the 5 goals, due consideration shall be given to the education, 6 work experience, and job readiness of the trainees; their 7 barriers to employment; and the local job market. Periodic 8 payments under the contracts shall be based on the degree to 9 which the relevant negotiated goals have been met during the 10 payment period. 11 (Source: P.A. 90-474, eff. 1-1-98; 90-655, eff. 7-30-98; 12 90-758, eff. 8-14-98; 91-34, eff. 7-1-99; 91-239, eff. 13 1-1-00; revised 8-3-99.) 14 (20 ILCS 605/605-512) (was 20 ILCS 605/46.70) 15 (Section scheduled to be repealed on December 31, 2004) 16 Sec. 605-512.46.70.Small business incubator grants. 17 (a) Subject to availability of funds in the Small 18 Business Incubator Fund, the Director of Commerce and 19 Community Affairs may make grants to eligible small business 20 incubators in an amount not to exceed 50% of State income 21 taxes paid in the previous calendar year by qualified tenant 22 businesses subject to the restrictions of this Section. 23 (b) There is created a special fund in the State 24 Treasury known as the Small Business Incubator Fund. The 25 money in the Fund may be used only for making grants under 26 subsection (a) of this Section. The Department of Revenue 27 shall certify by March 1 of each year to the General 28 Assembly the amount of State income taxes paid by qualified 29 tenant businesses in the previous year. The Department of 30 Revenue may, by rule, prescribe forms necessary to identify 31 qualified tenant businesses under this Section. An amount 32 equal to 50% of the amount certified by the Department of 33 Revenue shall be appropriated into the Fund annually. HB0708 Engrossed -81- LRB9203186EGfg 1 (c) Eligible small business incubators that receive a 2 grant under this Section may use the grant only for capital 3 improvements on the building housing the eligible small 4 business incubator. Each small business incubator shall be 5 eligible for a grant equal to no more than 50% of the amount 6 of State income taxes paid in the previous year by qualified 7 tenant businesses of the small business incubator, minus 8 administrative costs. The eligible small business incubator 9 must keep written records of the use of the grant money for a 10 period of 5 years from disbursement. 11 (d) By April 1 of each year, an eligible small business 12 incubator may apply for a grant under this Section on forms 13 developed by the Department. The Department may require 14 applicants to provide proof of eligibility. Upon review of 15 the applications, the Director of Commerce and Community 16 Affairs shall approve or disapprove the application. At the 17 start of each fiscal year or upon approval of the budget for 18 that fiscal year, whichever is later, the Director shall 19 determine the amount of funds available for grants under this 20 Section and shall then approve the grants. 21 (e) For purposes of this Section: 22 (1) "Eligible small business incubator" means an 23 entity that is dedicated to the successful development of 24 entrepreneurial companies, has a specific written policy 25 identifying requirements for a business "to graduate" 26 from the incubator, either owns or leases real estate in 27 which qualified tenant businesses operate, and provides 28 all of the following services: management guidance, 29 rental spaces, shared basic business equipment, 30 technology support services, and assistance in obtaining 31 financing. 32 (2) "Qualified tenant business" means a business 33 that currently leases space from an eligible small 34 business incubator, is less than 5 years old, and either HB0708 Engrossed -82- LRB9203186EGfg 1 has not fulfilled the eligible small business incubator's 2 graduation requirements or has fulfilled these 3 requirements within the last 5 years. 4 (f) Five percent of the amount that is appropriated 5 annually into the Small Business Incubator Fund shall be 6 allotted to the Department of Commerce and Community Affairs 7 for the purpose of administering, overseeing, and evaluating 8 the grant process and outcome. 9 (g) This Section is repealed on December 31, 2004. 10 The evaluation of the effectiveness of the grant process 11 and subsequent outcome of job and business creation shall 12 recommend the continuation or the repeal of this Section and 13 shall be submitted to the Governor and the General Assembly 14 before December 31, 2003. 15 (Source: P.A. 91-592, eff. 8-14-99; revised 10-26-99.) 16 (20 ILCS 605/605-550) (was 20 ILCS 605/46.71) 17 Sec. 605-550.46.71.Model domestic violence and sexual 18 assault employee awareness and assistance policy. 19 (a) The Department shall convene a task force including 20 members of the business community, employees, employee 21 organizations, representatives from the Department of Labor, 22 and directors of domestic violence and sexual assault 23 programs, including representatives of statewide advocacy 24 organizations for the prevention of domestic violence and 25 sexual assault, to develop a model domestic violence and 26 sexual assault employee awareness and assistance policy for 27 businesses. 28 The Department shall give due consideration to the 29 recommendations of the Governor, the President of the Senate, 30 and the Speaker of the House of Representatives for 31 participation by any person on the task force, and shall make 32 reasonable efforts to assure regional balance in membership. 33 (b) The purpose of the model employee awareness and HB0708 Engrossed -83- LRB9203186EGfg 1 assistance policy shall be to provide businesses with the 2 best practices, policies, protocols, and procedures in order 3 that they ascertain domestic violence and sexual assault 4 awareness in the workplace, assist affected employees, and 5 provide a safe and helpful working environment for employees 6 currently or potentially experiencing the effects of domestic 7 violence or sexual assault. The model plan shall include but 8 not be limited to: 9 (1) the establishment of a definite corporate 10 policy statement recognizing domestic violence and sexual 11 assault as workplace issues as well as promoting the need 12 to maintain job security for those employees currently 13 involved in domestic violence or sexual assault disputes; 14 (2) policy and service publication requirements, 15 including posting these policies and service availability 16 pamphlets in break rooms, on bulletin boards, and in 17 restrooms, and transmitting them through other 18 communication methods; 19 (3) a listing of current domestic violence and 20 sexual assault community resources such as shelters, 21 crisis intervention programs, counseling and case 22 management programs, and legal assistance and advocacy 23 opportunities for affected employees; 24 (4) measures to ensure workplace safety including, 25 where appropriate, designated parking areas, escort 26 services, and other affirmative safeguards; 27 (5) training programs and protocols designed to 28 educate employees and managers in how to recognize, 29 approach, and assist employees experiencing domestic 30 violence or sexual assault, including both victims and 31 batterers; and 32 (6) other issues as shall be appropriate and 33 relevant for the task force in developing the model 34 policy. HB0708 Engrossed -84- LRB9203186EGfg 1 (c) The model policy shall be reviewed by the task force 2 to assure consistency with existing law and shall be made the 3 subject of public hearings convened by the Department 4 throughout the State at places and at times which are 5 convenient for attendance by the public, after which the 6 policy shall be reviewed by the task force and amended as 7 necessary to reflect concerns raised at the hearings. If 8 approved by the task force, the model policy shall be 9 provided as approved with explanation of its provisions to 10 the Governor and the General Assembly not later than one year 11 after the effective date of this amendatory Act of the 91st 12 General Assembly. The Department shall make every effort to 13 notify businesses of the availability of the model domestic 14 violence and sexual assault employee awareness and assistance 15 policy. 16 (d) The Department, in consultation with the task force, 17 providers of services, the advisory council, the Department 18 of Labor, and representatives of statewide advocacy 19 organizations for the prevention of domestic violence and 20 sexual assault, shall provide technical support, information, 21 and encouragement to businesses to implement the provisions 22 of the model. 23 (e) Nothing contained in this Section shall be deemed to 24 prevent businesses from adopting their own domestic violence 25 and sexual assault employee awareness and assistance policy. 26 (f) The Department shall survey businesses within 4 27 years of the effective date of this amendatory Act of the 28 91st General Assembly to determine the level of model policy 29 adoption amongst businesses and shall take steps necessary to 30 promote the further adoption of such policy. 31 (Source: P.A. 91-592, eff. 8-14-99; revised 10-26-99.) 32 (20 ILCS 605/605-615) (was 20 ILCS 605/46.19e) 33 Sec. 605-615. Assistance with exports. The Department HB0708 Engrossed -85- LRB9203186EGfg 1 shall have the following duties and responsibilities in 2 regard to the Civil Administrative Code of Illinois: 3 (1) To establish or cosponsor mentoring conferences, 4 utilizing experienced manufacturing exporters, to explain and 5 provide information to prospective export manufacturers and 6 businesses concerning the process of exporting to both 7 domestic and international opportunities. 8 (2) To provide technical assistance to prospective 9 export manufacturers and businesses seeking to establish 10 domestic and international export opportunities. 11 (3) To coordinate with the Department's Small Business 12 Development Centers to link buyers with prospective export 13 manufacturers and businesses. 14 (4) To promote, both domestically and abroad, products 15 made in Illinois in order to informand adviseconsumers and 16 buyers of their high quality standards and craftsmanship. 17 (5) To provide technical assistance toward establishment 18 of export trade corporations in the private sector. 19 (6) To develop an electronic data base to compile 20 information on international trade and investment activities 21 in Illinois companies, provide access to research and 22 business opportunities through external data bases, and 23 connect this data base through international communication 24 systems with appropriate domestic and worldwide networks 25 users. 26 (7) To collect and distribute to foreign commercial 27 libraries directories, catalogs, brochures, and other 28 information of value to foreign businesses considering doing 29 business in this State. 30 (8) To establish an export finance awareness program to 31 provide information to banking organizations about methods 32 used by banks to provide financing for businesses engaged in 33 exporting and about other State and federal programs to 34 promote and expedite export financing. HB0708 Engrossed -86- LRB9203186EGfg 1 (9) To undertake a survey of Illinois' businesses to 2 identify exportable products and the businesses interested in 3 exporting. 4 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 5 revised 8-5-99.) 6 (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a) 7 Sec. 605-705. Grants to local tourism and convention 8 bureaus. 9 (a) To establish a grant program for local tourism and 10 convention bureaus. The Department will develop and 11 implement a program for the use of funds, as authorized under 12 this Act, by local tourism and convention bureaus. For the 13 purposes of this Act, bureaus eligible to receive funds are 14 defined as those bureaus in legal existence as of January 1, 15 1985 that are either a unit of local government or 16 incorporated as a not-for-profit organization, are affiliated 17 with at least one municipality or county, and employ one full 18 time staff person whose purpose is to promote tourism. Each 19 bureau receiving funds under this Act will be certified by 20 the Department as the designated recipient to serve an area 21 of the State. These funds may not be used in support of the 22 Chicago World's Fair. 23 (b) To distribute grants to local tourism and convention 24 bureaus from appropriations made from the Local Tourism Fund 25 for that purpose. Of the amounts appropriated annually to 26 the Department for expenditure under this Section, one-third 27 of those monies shall be used for grants to convention and 28 tourism bureaus in cities with a population greater than 29 500,000. The remaining two-thirds of the annual 30 appropriation shall be used for grants to convention and 31 tourism bureaus in the remainder of the State, in accordance 32 with a formula based upon the population served. The 33 Department may reserve up to 10% of the total appropriated to HB0708 Engrossed -87- LRB9203186EGfg 1 conduct audits of grants, to provide incentive funds to those 2 bureaus that will conduct promotional activities designed to 3 further the Department's statewide advertising campaign, to 4 fund special statewide promotional activities, and to fund 5 promotional activities that support an increased use of the 6 State's parks or historic sites. 7 (Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00; 8 91-357, eff. 7-29-99; revised 8-4-99.) 9 (20 ILCS 605/605-817) (was 20 ILCS 605/46.19k) 10 Sec. 605-817.46.19k.Family loan program. 11 (a) From amounts appropriated for such purpose, the 12 Department in consultation with the Department of Human 13 Services shall solicit proposals to establish programs to be 14 known as family loan programs. Such programs shall provide 15 small, no-interest loans to custodial parents with income 16 below 200% of the federal poverty level an who are working or 17 enrolled in a post-secondary education program, to aid in 18 covering the costs of unexpected expenses that could 19 interfere with their ability to maintain employment or 20 continue education. Loans awarded through a family loan 21 program may be paid directly to a third party on behalf of a 22 loan recipient and in either case shall not constitute income 23 or resources for the purposes of public assistance and care 24 so long as the funds are used for the intended purpose. 25 (b) The Director shall enter into written agreements 26 with not-for-profit organizations or local government 27 agencies to administer loan pools. Agreements shall be 28 entered into with no more than 4 organizations or agencies, 29 no more than one of which shall be located in the city of 30 Chicago. 31 (c) Program sites shall be approved based on the 32 demonstrated ability of the organization or governmental 33 agency to secure funding from private or public sources HB0708 Engrossed -88- LRB9203186EGfg 1 sufficient to establish a loan pool to be maintained through 2 repayment agreements entered into by eligible low-income 3 families. Funds awarded by the Department to approved 4 program sites shall be used for the express purposes of 5 covering staffing and administration costs associated with 6 administering the loan pool. 7 (Source: P.A. 91-372, eff. 1-1-00; revised 8-11-99.) 8 (20 ILCS 605/605-850) (was 20 ILCS 605/46.32a in part) 9 Sec. 605-850. Labor-management-community relations; 10 Labor-Management-CommunityLabor-ManagementCooperation 11 Committee. 12 (a) Because economic development investment programs 13 must be supplemented with efforts to maintain a skilled, 14 stable, and diverse workforce able to meet the needs of new 15 and growing business enterprises, the Department shall 16 promote better labor-management-community and government 17 operations by providing assistance in the development of 18 local labor-management-community committees and coalitions 19 established to address employment issues facing families and 20 by helping Illinois current and prospective employers attract 21 and retain a diverse and productive workforce through the 22 promotion and support of dependent care policies and programs 23 in the workplace and community. 24 (b) In the Department there shall be a 25 Labor-Management-Community Cooperation Committee composed of 26 18 public members appointed by the Governor with the advice 27 and consent of the Senate. Six members shall represent 28 executive level management of businesses, 6 members shall 29 represent major labor union leadership, and 6 members shall 30 represent community leadership. The Governor shall designate 31 one1business representative and one1labor representative 32 as cochairmen. Appointed members shall not be represented at 33 a meeting by another person. There shall be 9 ex officio HB0708 Engrossed -89- LRB9203186EGfg 1 nonvoting members: the Director, who shall serve as 2 Secretary, the Director of Labor, the Secretary of Human 3 Services, the Director of Public Health, the Director of 4 Employment Security, the President of the Senate, the 5 Minority Leader of the Senate, the Speaker of the House of 6 Representatives, and the Minority Leader of the House of 7 Representatives. Each ex officio member shall serve during 8 the term of his or her office. Ex officio members may be 9 represented by duly authorized substitutes. 10 In making the initial public member appointments to the 11 Committee, 3 of the business representatives and 3 of the 12 labor union representatives shall be appointed for terms 13 expiring July 1, 1987. The remaining public members shall be 14 appointed for terms expiring July 1, 1988. The public 15 members appointed under this amendatory Act of the 91st 16 General Assembly shall be divided into 2 groups with the 17 first group having terms that expire on July 1, 2002 and the 18 second group having terms that expire on July 1, 2003. 19 Thereafter, public members of the Committee shall be 20 appointed for terms of 2 years expiring on July 1, or until 21 their successors are appointed and qualified. The Governor 22 may at any time, with the advice and consent of the Senate, 23 make appointments to fill vacancies for the balance of an 24 unexpired term. Public members shall serve without 25 compensation but shall be reimbursed by the Department for 26 necessary expenses incurred in the performance of their 27 duties. The Department shall provide staff assistance to the 28 Committee. 29 (c) The Committee shall have the following duties: 30 (1) To improve communications between labor, 31 management, and communities on significant economic 32 problems facing the State, especially with respect to 33 identifying new ways to attract and retain employees and 34 provide an environment in which employees can do their HB0708 Engrossed -90- LRB9203186EGfg 1 best work. 2 (2) To encourage and support the development of 3 local labor, management, and community committees at the 4 plant, industry and area levels across the State and 5 encourage and support the development of local coalitions 6 to support the implementation of family-friendly policies 7 in the workplace. 8 (3) To assess the progress of area 9 labor-management-community committees and local 10 coalitions that have been formed across the State and 11 provide input to the Governor and General Assembly 12 concerning grant programs established in this Act. 13 (4) To convene a statewide conference on 14 labor-management-community concerns at least once every 2 15 years and to convene a series of regional work, family, 16 and community planning conferences throughout the State 17 for employers, unions, and community leaders to form 18 local coalitions to share information, pool resources, 19 and address work and family concerns in their own 20 communities. 21 (5) To issue a report on labor-management-community 22 and employment-related family concerns to the Governor 23 and the General Assembly every 2 years. This report 24 shall outline the accomplishments of the Committee and 25 specific recommendations for improving statewide 26 labor-management-community relations and supporting the 27 adoption of family-friendly work practices throughout the 28 State.;29 (6) To advise the Department on dependent care and 30 other employment-related family initiatives.; and31 (7) To advise the Department on other initiatives 32 to foster maintenance and development of productive, 33 stable, and diverse workforces to supplement and advance 34 community and State investment-based economic development HB0708 Engrossed -91- LRB9203186EGfg 1 programs. 2 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 3 91-476, eff. 8-11-99; revised 10-20-99.) 4 (20 ILCS 605/605-855) (was 20 ILCS 605/46.32a in part) 5 Sec. 605-855. Grants to local coalitions and 6 labor-management-communitylabor-managementcommittees. 7 (a) The Director, with the advice of the 8 Labor-Management-Community Cooperation Committee, shall have 9 the authority to provide grants to employee coalitions or 10 other coalitions that enhance or promote work and family 11 programs and address specific community concerns, and to 12 provide matching grants, grants, and other resources to 13 establish or assist area labor-management-community 14 committees and other projects that serve to enhance 15 labor-management-community relations. The Department shall 16 have the authority, with the advice of the 17 Labor-Management-Community Cooperation Committee, to award 18 grants or matching grants in thefollowing 4areasas19 provided in subsections (b) through (g)(e). 20 (b)To provide 60%Matching grants to existing local 21 labor-management-community committees. To be eligible for 22 matching grants pursuant to this subsection, local 23 labor-management-community committees shall meet all of the 24 following criteria: 25 (1) Be a formal, not-for-profit organization 26 structured for continuing service with voluntary 27 membership. 28 (2) Be composed of labor, management, and community 29 representatives. 30 (3) Service a distinct and identifiable geographic 31 region. 32 (4) Be staffed by a professional chief executive 33 officer. HB0708 Engrossed -92- LRB9203186EGfg 1 (5) Have been established with the Department for 2 at least 2 years. 3 (6) Operate in compliance with rules set forth by 4 the Department with the advice of the 5 Labor-Management-Community Cooperation Committee. 6 (7) Ensure that their efforts and activities are 7 coordinated with relevant agencies, including but not 8 limited to the following: 9 Department of Commerce and Community Affairs 10 Illinois Department of Labor 11 Economic development agencies 12 Planning agencies 13 Colleges, universities, and community colleges 14 U.S. Department of Labor 15 Statewide Job Training Partnership Act entities 16 or entities under any successor federal workforce 17 training and development legislation. 18 Further, the purpose of the local 19 labor-management-community committees will include, but not 20 be limited to, the following: 21 (i)(8)Enhancing the positive 22 labor-management-community relationship within the State, 23 region, community, and/or work place. 24 (ii)(9)Assisting in the retention, expansion, and 25 attraction of businesses and jobs within the State 26 through special training programs, gathering and 27 disseminating information, and providing assistance in 28 local economic development efforts as appropriate. 29 (iii)(10)Creating and maintaining a regular 30 nonadversarial forum for ongoing dialogue between labor, 31 management, and community representatives to discuss and 32 resolve issues of mutual concern outside the realm of the 33 traditional collective bargaining process. 34 (iv)(11)Acting as an intermediary for initiating HB0708 Engrossed -93- LRB9203186EGfg 1 local programs between unions and employers that would 2 generally improve economic conditions in a region. 3 (v)(12)Encouraging, assisting, and facilitating 4 the development of work-site and industry 5 labor-management-community committees in the region. 6 Any local labor-management-community committee meeting 7 these criteria may apply to the Department for annual 8 matching grants, provided that the local committee 9 contributes at least 25% in matching funds, of which no more 10 than 50% shall be "in-kind" services. Funds received by a 11 local committee pursuant to this subsection shall be used for 12 the ordinary operating expenses of the local committee. 13 (c)To provide 20%Matching grants to local 14 labor-management-community committees that do not meet all of 15 the eligibility criteria set forth in subsection (b). 16 However, to be eligible to apply for a grant under this 17 subsection (c), the local labor-management-community 18 committee, at a minimum, shall meet all of the following 19 criteria: 20 (1) Be composed of labor, management, and community 21 representatives. 22 (2) Service a distinct and identifiable geographic 23 region. 24 (3) Operate in compliance with the rules set forth 25 by the Department with the advice of the 26 Labor-Management-Community Cooperation Committee. 27 (4) Ensure that its efforts and activities are 28 directed toward enhancing the labor-management-community 29 relationship within the State, region, community, and/or 30 work place. 31 Any local labor-management-community committee meeting 32 these criteria may apply to the Department for an annual 33 matching grant, provided that the local committee contributes 34 at least 25% in matching funds of which no more than 50% HB0708 Engrossed -94- LRB9203186EGfg 1 shall be "in-kind" services. Funds received by a local 2 committee pursuant to this subsection (c) shall be used for 3 the ordinary and operating expenses of the local committee. 4 Eligible committees shall be limited to 3 years of funding 5 under this subsection. With respect to those committees 6 participating in this program prior to enactment of this 7 amendatory Act of 1988 that fail to qualify under paragraph 8 (1) of this subsection (c), previous years' funding shall be 9 counted in determining whether those committees have reached 10 their funding limit under this subsection (c)paragraph (2). 11 (d)To provide 10%Grants to develop and conduct 12 specialized education and training programs of direct benefit 13 to representatives of labor, management, 14 labor-management-community committees and/or their staff. 15 The type of education and training programs to be developed 16 and offered will be determined and prioritized annually by 17 the Department, with the advice of the 18 Labor-Management-Community Cooperation Committee. The 19 Department will develop and issue an annual request for 20 proposals detailing the program specifications. 21 (e)To provide 10%Grants for research and development 22 projects related to labor-management-community or 23 employment-related family issues. The Department, with the 24 advice of the Labor-Management-Community Cooperation 25 Committee, will develop and prioritize annually the type and 26 scope of the research and development projects deemed 27 necessary. 28 (f)(5) To provideGrants of up to a maximum of $5,000 29 to support the planning of regional work, family, and 30 community planning conferences that will be based on specific 31 community concerns. 32 (g)(6) To provideGrants to initiate or support 33 recently created employer-led coalitions to establish pilot 34 projects that promote the understanding of the work and HB0708 Engrossed -95- LRB9203186EGfg 1 family issues and support local workforce dependent care 2 services. 3 (h)(f)The Department is authorized to establish 4 applications and application procedures and promulgate any 5 rules deemed necessary in the administration of the grants. 6 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 7 91-476, eff. 8-11-99; revised 10-20-99.) 8 (20 ILCS 605/605-860) (was 20 ILCS 605/46.32a in part) 9 Sec. 605-860. Office of Work and Family IssuesLabor10Management Corporation. To administer the grant programs 11 created by this Law, the Department shall establish an Office 12 of Work and Family Issues. The purpose of this office shall 13 include, but not be limited to the following: 14 (1) To administer the grant programs, including 15 developing grant applications and requests for proposals, 16 program monitoring, and evaluation. 17 (2) To serve as State liaison with other state, 18 regional, and national organizations devoted to promoting 19 labor-management-community cooperation and 20 employment-related family issues; and to disseminate 21 pertinent information secured through these State, 22 regional, and national affiliations to local 23 labor-management-community committees, the 24 Labor-Management-Community Cooperation Committee, 25 employer coalitions, Illinois Employment and Training 26 Centers, and other interested parties throughout the 27 State. 28 (3) To provide technical assistance to area, 29 industry, or work-site labor-management-community 30 committees as requested. 31 (4) To serve as a clearinghouse for information 32 related to labor-management-community cooperation. 33 (5) To serve as a catalyst to developing and HB0708 Engrossed -96- LRB9203186EGfg 1 strengthening a partnership among local, State, regional, 2 and national organizations and agencies devoted to 3 enhancing labor-management-community cooperation and 4 employment-related family issues. 5 (6) To provide any other programs or services that 6 enhance labor-management-community cooperation or that 7 may promote the adoption of family-friendly workplace 8 practices at companies located within the State of 9 Illinois as determined by the Director with the advice of 10 the Labor-Management-Community Cooperation Committee. 11 (7) To establish an Illinois Work and Family 12 Clearinghouse to disseminate best-practice work and 13 family policies and practices throughout the State, 14 including through the Illinois Employment and Training 15 Centers; to provide and develop a computerized database 16 listing dependent care information and referral services; 17 to help employers by providing information about options 18 for dependent care assistance;,to conduct and compile 19 research on elder care, child care, and other 20 employment-related family issues in Illinois; and to 21 compile and disseminate any other information or services 22 that support the adoption of family-friendly workplace 23 practices at companies located in the State. 24 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 25 91-467, eff. 8-11-99; revised 10-20-99.) 26 (20 ILCS 605/605-940) (was 20 ILCS 605/46.37) 27 Sec. 605-940. Clearing house for local government 28 problems; aid with financial and administrative matters. The 29 Department shall provide for a central clearing house for 30 information concerning local government problems and various 31 solutions to those problems and shall assist and aid local 32 governments of the State in matters relating to budgets, 33 fiscal procedures, and administration. In performing this HB0708 Engrossed -97- LRB9203186EGfg 1 responsibility the Department shall have the power and duty 2 to do the following: 3 (1) Maintain communication with all local 4 governments and assist them, at their request, to improve 5 their administrative procedures and to facilitate 6 improved local government and development. 7 (2) Assemble and disseminate information concerning 8 State and federal programs, grants, gifts, and subsidies 9 available to local governments and to provide counsel and 10 technical services and other assistance in applying for 11 those programs, grants, gifts, and subsidies. 12 (3) Assist in coordinating activities by obtaining 13 information, on forms provided by the Department or by 14 receipt of proposals and applications, concerning State 15 and federal assisted programs, grants, gifts, and 16 subsidies applied for and received by all local 17 governments. 18 (4) Provide direct consultative services to local 19 governments upon request and provide staff services to 20 special commissions, the Governor, or the General 21 Assembly or its committees. 22 (5) Render advice and assistance with respect to 23 the establishment and maintenance of programs for the 24 training of local government officials and other 25 personnel. 26 (6) Act as the official State agency for the 27 receipt and distribution of federal funds that are or may 28 be provided to the State on a flat grant basis for 29 distribution to local governments or in the event federal 30 law requires a State agency to implement programs 31 affecting local governments and for State funds that are 32 or may be provided for the use of local governments 33 unless otherwise provided by law. 34 (7) Administer laws relating to local government HB0708 Engrossed -98- LRB9203186EGfg 1 affairs as the General Assembly may direct. 2 (8) Provide all advice and assistance to improve 3 local government administration, ensure the economical 4 and efficient provision of local government services, and 5 make the Civil Administrative Code of Illinois effective. 6 (9) Give advice and counsel on fiscal problems of 7 local governments of the State to those local 8 governments. 9 (10) Prepare uniform budgetary forms for use by the 10 local governments of the State. 11 (11) Assist and advise the local governments of the 12 State in matters pertaining to budgets, appropriation 13 requests and ordinances, the determination of property 14 tax levies and rates, and other matters of a financial 15 nature. 16 (12) Be a repository for financial reports and 17 statements required by law of local governments of the 18 State, and publish financial summaries of those reports 19 and statements. 20 (13) (Blank). 21 (14) Prepare proposals and advise on the investment 22 of idle local government funds. 23 (15) Administer the program of grants, loans, and 24 loan guarantees under the federal Public Works and 25 Economic Development Act of 1965, 42 U.S.C. 3121 and 26 following, and receive and disburse State and federal 27 funds provided for that program and moneys received as 28 repayments of loans made under the program. 29 (16) After January 1, 1985, upon the request of 30 local governments, prepare and provide model financial 31 statement forms designed to communicate to taxpayers, 32 service consumers, voters, government employees, and news 33 media, in a non-technical manner, all significant 34 financial information regarding a particular local HB0708 Engrossed -99- LRB9203186EGfg 1 government, and to prepare and provide to local 2 governments a summary of local governments' obligations 3 concerning the adoption of an annual operating budget. 4 The summary shall be set forth in a non-technical manner 5 and shall be designed principally for distribution to, 6 and the use of, taxpayers, service consumers, voters, 7 government employees, and news media. 8 (Source: P.A. 91-239, eff. 1-1-00; 91-583, eff. 1-1-00; 9 revised 10-26-99.) 10 Section 16.5. The Illinois Enterprise Zone Act is 11 amended by changing Section 5.3 as follows: 12 (20 ILCS 655/5.3) (from Ch. 67 1/2, par. 608) 13 Sec. 5.3. Certification of Enterprise Zones; Effective 14 date. 15 (a) Approval of designated Enterprise Zones shall be 16 made by the Department by certification of the designating 17 ordinance. The Department shall promptly issue a certificate 18 for each Enterprise Zone upon its approval. The certificate 19 shall be signed by the Director of the Department, shall make 20 specific reference to the designating ordinance, which shall 21 be attached thereto, and shall be filed in the office of the 22 Secretary of State. A certified copy of the Enterprise Zone 23 Certificate, or a duplicate original thereof, shall be 24 recorded in the office of recorder of deeds of the county in 25 which the Enterprise Zone lies. 26 (b) An Enterprise Zone shall be effective upon its 27 certification. The Department shall transmit a copy of the 28 certification to the Department of Revenue, and to the 29 designating municipality or county. 30 Upon certification of an Enterprise Zone, the terms and 31 provisions of the designating ordinance shall be in effect, 32 and may not be amended or repealed except in accordance with HB0708 Engrossed -100- LRB9203186EGfg 1 Section 5.4. 2 (c) An Enterprise Zone shall be in effect for 30 3 calendar years, or for a lesser number of years specified in 4 the certified designating ordinance. Enterprise Zones shall 5 terminate at midnight of December 31 of the final calendar 6 year of the certified term, except as provided in Section 7 5.4.In Vermilion County, however, an enterprise zone shall8be in effect for 30 calendar years or for a lesser number of9years specified in the certified designating ordinance.The 10 Whiteside County/Carroll County Enterprise Zone, however, 11 solely with respect to industrial purposes and uses, shall be 12 in effect for 30 calendar years or for a lesser number of 13 years specified in the certified designating ordinance. 14 (d) No more than 12 Enterprise Zones may be certified by 15 the Department in calendar year 1984, no more than 12 16 Enterprise Zones may be certified by the Department in 17 calendar year 1985, no more than 13 Enterprise Zones may be 18 certified by the Department in calendar year 1986, no more 19 than 15 Enterprise Zones may be certified by the Department 20 in calendar year 1987, and no more than 20 Enterprise Zones 21 may be certified by the Department in calendar year 1990. In 22 other calendar years, no more than 13 Enterprise Zones may be 23 certified by the Department. The Department may also 24 designate up to 8 additional Enterprise Zones outside the 25 regular application cycle if warranted by the extreme 26 economic circumstances as determined by the Department. The 27 Department may also designate one additional Enterprise Zone 28 outside the regular application cycle if an aircraft 29 manufacturer agrees to locate an aircraft manufacturing 30 facility in the proposed Enterprise Zone. Notwithstanding 31 any other provision of this Act, no more than 89 Enterprise 32 Zones may be certified by the Department for the 10 calendar 33 years commencing with 1983. The 7 additional Enterprise Zones 34 authorized by Public Act 86-15 shall not lie within HB0708 Engrossed -101- LRB9203186EGfg 1 municipalities or unincorporated areas of counties that abut 2 or are contiguous to Enterprise Zones certified pursuant to 3 this Section prior to June 30, 1989. The 7 additional 4 Enterprise Zones (excluding the additional Enterprise Zone 5 which may be designated outside the regular application 6 cycle) authorized by Public Act 86-1030 shall not lie within 7 municipalities or unincorporated areas of counties that abut 8 or are contiguous to Enterprise Zones certified pursuant to 9 this Section prior to February 28, 1990. In any calendar 10 year, the Department may not certify more than 3 Zones 11 located within the same municipality. The Department may 12 certify Enterprise Zones in each of the 10 calendar years 13 commencing with 1983. The Department may not certify more 14 than a total of 18 Enterprise Zones located within the same 15 county (whether within municipalities or within 16 unincorporated territory) for the 10 calendar years 17 commencing with 1983. Thereafter, the Department may not 18 certify any additional Enterprise Zones, but may amend and 19 rescind certifications of existing Enterprise Zones in 20 accordance with Section 5.4. 21 (e) Notwithstanding any other provision of law, if (i) 22 the county board of any county in which a current military 23 base is located, in part or in whole, or in which a military 24 base that has been closed within 20 years of the effective 25 date of this amendatory Act of 1998 is located, in part or in 26 whole, adopts a designating ordinance in accordance with 27 Section 5 of this Act to designate the military base in that 28 county as an enterprise zone and (ii) the property otherwise 29 meets the qualifications for an enterprise zone as prescribed 30 in Section 4 of this Act, then the Department may certify the 31 designating ordinance or ordinances, as the case may be. 32 (Source: P.A. 90-657, eff. 7-30-98; 91-567, eff. 8-14-99; 33 91-937, eff. 1-11-01; revised 1-15-01.) HB0708 Engrossed -102- LRB9203186EGfg 1 Section 17. The Department of Employment Security Law of 2 the Civil Administrative Code of Illinois is amended by 3 changing Sections 1005-110 and 1005-130 as follows: 4 (20 ILCS 1005/1005-110) (was 20 ILCS 1005/44a) 5 Sec. 1005-110. Board of Review. The Board of Review in 6 the Department shall exercise all powers and be subject to 7 all duties conferred or imposed upon the Board by the 8 provisions of the Unemployment Insurance Act, in its own name 9 and without any direction, supervision, or control by the 10 Director. 11 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 12 revised 8-5-99.) 13 (20 ILCS 1005/1005-130) (was 20 ILCS 1005/43a.14) 14 Sec. 1005-130. Exchange of information for child support 15 enforcement. 16 (a) The Department has the power to exchange with the 17 Illinois Department of Public Aid information that may be 18 necessary for the enforcement of child support orders entered 19 pursuant to the Illinois Public Aid Code, the Illinois 20 Marriage and Dissolution of Marriage Act, the Non-Support of 21 Spouse and Children Act, the Non-Support Punishment Act, the 22 Revised Uniform Reciprocal Enforcement of Support Act, the 23 Uniform Interstate Family Support Act, or the Illinois 24 Parentage Act of 1984. 25 (b) Notwithstanding any provisions in the Civil 26 Administrative Code of Illinois to the contrary, the 27 Department of Employment Security shall not be liable to any 28 person for any disclosure of information to the Illinois 29 Department of Public Aid under subsection (a) or for any 30 other action taken in good faith to comply with the 31 requirements of subsection (a). 32 (Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00; HB0708 Engrossed -103- LRB9203186EGfg 1 91-613, eff. 10-1-99; revised 8-5-99.) 2 Section 18. The Department of Insurance Law of the Civil 3 Administrative Code of Illinois is amended by renumbering 4 Section 56.3 (as added by Public Act 91-406) as follows: 5 (20 ILCS 1405/1405-20) (was 20 ILCS 1405/56.3) 6 Sec. 1405-20.56.3.Investigational cancer treatments; 7 study. 8 (a) The Department of Insurance shall conduct an 9 analysis and study of costs and benefits derived from the 10 implementation of the coverage requirements for 11 investigational cancer treatments established under Section 12 356y of the Illinois Insurance Code. The study shall cover 13 the years 2000, 2001, and 2002. The study shall include an 14 analysis of the effect of the coverage requirements on the 15 cost of insurance and health care, the results of the 16 treatments to patients, the mortality rate among cancer 17 patients, any improvements in care of patients, and any 18 improvements in the quality of life of patients. 19 (b) The Department shall report the results of its study 20 to the General Assembly and the Governor on or before March 21 1, 2003. 22 (Source: P.A. 91-406, eff. 1-1-00; revised 10-18-99.) 23 Section 19. The Department of Professional Regulation 24 Law of the Civil Administrative Code of Illinois is amended 25 by changing Sections 2105-5, 2105-15, 2105-75, 2105-120, and 26 2105-150 and renumbering Section 60p as follows: 27 (20 ILCS 2105/2105-5) (was 20 ILCS 2105/60b) 28 Sec. 2105-5. Definitions. 29 (a) In this Law: 30 "Department" means the Department of Professional HB0708 Engrossed -104- LRB9203186EGfg 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 HB0708 Engrossed -105- LRB9203186EGfg 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 HB0708 Engrossed -106- LRB9203186EGfg 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 HB0708 Engrossed -107- LRB9203186EGfg 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. HB0708 Engrossed -108- LRB9203186EGfg 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 HB0708 Engrossed -109- LRB9203186EGfg 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 HB0708 Engrossed -110- LRB9203186EGfg 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 HB0708 Engrossed -111- LRB9203186EGfg 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 HB0708 Engrossed -112- LRB9203186EGfg 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. HB0708 Engrossed -113- LRB9203186EGfg 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.) HB0708 Engrossed -114- LRB9203186EGfg 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 HB0708 Engrossed -115- LRB9203186EGfg 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 HB0708 Engrossed -116- LRB9203186EGfg 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: HB0708 Engrossed -117- LRB9203186EGfg 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 HB0708 Engrossed -118- LRB9203186EGfg 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 HB0708 Engrossed -119- LRB9203186EGfg 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 HB0708 Engrossed -120- LRB9203186EGfg 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 HB0708 Engrossed -121- LRB9203186EGfg 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 HB0708 Engrossed -122- LRB9203186EGfg 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: HB0708 Engrossed -123- LRB9203186EGfg 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 HB0708 Engrossed -124- LRB9203186EGfg 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. HB0708 Engrossed -125- LRB9203186EGfg 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 HB0708 Engrossed -126- LRB9203186EGfg 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 HB0708 Engrossed -127- LRB9203186EGfg 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 Section 2505-65 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 HB0708 Engrossed -128- LRB9203186EGfg 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 Section 23. The Department of State Police Law of the 20 Civil Administrative Code of Illinois is amended by changing 21 and resectioning material added to Section 55a as follows: 22 (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part) 23 Sec. 2605-302. Arrest reports. 24 (a)5.5. Provide,When an individual is arrested,that25 the following information must be made available to the news 26 media for inspection and copying: 27 (1)(a)Information that identifies the individual 28person, including the name, age, address, and photograph, 29 when and if available. 30 (2)(b)Information detailing any charges relating 31 to the arrest. 32 (3)(c)The time and location of the arrest. HB0708 Engrossed -129- LRB9203186EGfg 1 (4)(d)The name of the investigating or arresting 2 law enforcement agency. 3 (5)(e)If the individual is incarcerated, the 4 amount of any bail or bond. 5 (6)(f)If the individual is incarcerated, the time 6 and date that the individual was received, discharged, or 7 transferred from the arresting agency's custody. 8 (b)(1)The information required by this Section 9paragraphmust be made available to the news media for 10 inspection and copying as soon as practicable, but in no 11 event shall the time period exceed 72 hours from the arrest. 12 The information described in items (3), (4), (5), and (6) of 13 subsection (a)subparagraphs (c), (d), (e), and (f) of this14paragraph, however, may be withheld if it is determined that 15 disclosure would (i) interfere with pending or actually and 16 reasonably contemplated law enforcement proceedings conducted 17 by any law enforcement or correctional agency; (ii) endanger 18 the life or physical safety of law enforcement or 19 correctional personnel or any other person; or (iii) 20 compromise the security of any correctional facility. 21 (c)(2)For the purposes of this Sectionparagraph, the 22 term "news media" means personnel of a newspaper or other 23 periodical issued at regular intervals, a news service, a 24 radio station, a television station, a community antenna 25 television service, or a person or corporation engaged in 26 making news reels or other motion picture news for public 27 showing. 28 (d)(3)Each law enforcement or correctional agency may 29 charge fees for arrest records, but in no instance may the 30 fee exceed the actual cost of copying and reproduction. The 31 fees may not include the cost of the labor used to reproduce 32 the arrest record. 33 (e)(4)The provisions of this Sectionparagraphdo not 34 supersede the confidentiality provisions for arrest records HB0708 Engrossed -130- LRB9203186EGfg 1 of the Juvenile Court Act of 1987. 2 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.) 3 (20 ILCS 2605/2605-330) (was 20 ILCS 2605/55a in part) 4 Sec. 2605-330. Firefighter background investigations. 537.Upon the request of the chief of a volunteer fire 6 department, the Department shall conduct criminal background 7 investigations of prospective firefighters and report to the 8 requesting chief any record of convictions maintained in the 9 Department's files about those persons. The Department may 10 charge a fee, based on actual costs, for the dissemination of 11 conviction information under this Sectionparagraph. The 12 Department may prescribe the form and manner for requesting 13 and furnishing conviction information under this Section 14paragraph. 15 (Source: P.A. 91-371, eff. 1-1-00; revised 11-3-99.) 16 (20 ILCS 2605/2605-475) (was 20 ILCS 2605/55a in part) 17 Sec. 2605-475. Wireless Emergency Telephone Safety Act. 1837.To exercise the powers and perform the duties 19 specifically assigned to the Department under the Wireless 20 Emergency Telephone Safety Act with respect to the 21 development and improvement of emergency communications 22 procedures and facilities in such a manner as to facilitate a 23 quick response to any person calling the number "9-1-1" 24 seeking police, fire, medical, or other emergency services 25 through a wireless carrier as defined in Section 10 of the 26 Wireless Emergency Telephone Safety Act. Nothing in the 27 Wireless Emergency Telephone Safety Act shall require the 28 Illinois State Police to provide wireless enhanced 9-1-1 29 services. 30 (Source: P.A. 91-660, eff. 12-22-99; revised 1-17-00.) 31 Section 24. The Criminal Identification Act is amended HB0708 Engrossed -131- LRB9203186EGfg 1 by changing Section 3 as follows: 2 (20 ILCS 2630/3) (from Ch. 38, par. 206-3) 3 Sec. 3. Information to be furnished peace officers and 4 commanding officers of certain military installations in 5 Illinois. 6 (A) The Department shall file or cause to be filed all 7 plates, photographs, outline pictures, measurements, 8 descriptions and information which shall be received by it by 9 virtue of its office and shall make a complete and systematic 10 record and index of the same, providing thereby a method of 11 convenient reference and comparison. The Department shall 12 furnish, upon application, all information pertaining to the 13 identification of any person or persons, a plate, photograph, 14 outline picture, description, measurements, or any data of 15 which there is a record in its office. Such information shall 16 be furnished to peace officers of the United States, of other 17 states or territories, of the Insular possessions of the 18 United States, of foreign countries duly authorized to 19 receive the same, to all peace officers of the State of 20 Illinois, to investigators of the Illinois Law Enforcement 21 Training Standards Board and, conviction information only, to 22 units of local government, school districts and private 23 organizations, under the provisions of Section 2605-10, 24 2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115, 25 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, 2605-205, 26 2605-210, 2605-215, 2605-250, 2605-275, 2605-300, 2605-305, 27 2605-315, 2605-325, 2605-335, 2605-340, 2605-350, 2605-355, 28 2605-360, 2605-365, 2605-375, 2605-390, 2605-400, 2605-405, 29 2605-420, 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 30 of the Department of State Police Law (20 ILCS 2605/2605-10, 31 2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105, 32 2605/2605-110, 2605/2605-115, 2605/2605-120, 2605/2605-130, 33 2605/2605-140, 2605/2605-190, 2605/2605-200, 2605/2605-205, HB0708 Engrossed -132- LRB9203186EGfg 1 2605/2605-210, 2605/2605-215, 2605/2605-250, 2605/2605-275, 2 2605/2605-300, 2605/2605-305, 2605/2605-315, 2605/2605-325, 3 2605/2605-335, 2605/2605-340, 2605/2605-350, 2605/2605-355, 4 2605/2605-360, 2605/2605-365, 2605/2605-375, 2605/2605-390, 5 2605/2605-400, 2605/2605-405, 2605/2605-420, 2605/2605-430, 6 2605/2605-435, 2605/2605-500, 2605/2605-525, or 7 2605/2605-550). Applications shall be in writing and 8 accompanied by a certificate, signed by the peace officer or 9 chief administrative officer or his designee making such 10 application, to the effect that the information applied for 11 is necessary in the interest of and will be used solely in 12 the due administration of the criminal laws or for the 13 purpose of evaluating the qualifications and character of 14 employees, prospective employees, volunteers, or prospective 15 volunteers of units of local government, school districts, 16 and private organizations. 17 For the purposes of this subsection, "chief 18 administrative officer" is defined as follows: 19 a) The city manager of a city or, if a city does 20 not employ a city manager, the mayor of the city. 21 b) The manager of a village or, if a village does 22 not employ a manager, the president of the village. 23 c) The chairman or president of a county board or, 24 if a county has adopted the county executive form of 25 government, the chief executive officer of the county. 26 d) The president of the school board of a school 27 district. 28 e) The supervisor of a township. 29 f) The official granted general administrative 30 control of a special district, an authority, or 31 organization of government establishment by law which may 32 issue obligations and which either may levy a property 33 tax or may expend funds of the district, authority, or 34 organization independently of any parent unit of HB0708 Engrossed -133- LRB9203186EGfg 1 government. 2 g) The executive officer granted general 3 administrative control of a private organization defined 4 in Section 2605-335 of the Department of State Police Law 5 (20 ILCS 2605/2605-335). 6 (B) Upon written application and payment of fees 7 authorized by this subsection, State agencies and units of 8 local government, not including school districts, are 9 authorized to submit fingerprints of employees, prospective 10 employees and license applicants to the Department for the 11 purpose of obtaining conviction information maintained by the 12 Department and the Federal Bureau of Investigation about such 13 persons. The Department shall submit such fingerprints to 14 the Federal Bureau of Investigation on behalf of such 15 agencies and units of local government. The Department shall 16 charge an application fee, based on actual costs, for the 17 dissemination of conviction information pursuant to this 18 subsection. The Department is empowered to establish this 19 fee and shall prescribe the form and manner for requesting 20 and furnishing conviction information pursuant to this 21 subsection. 22 (C) Upon payment of fees authorized by this subsection, 23 the Department shall furnish to the commanding officer of a 24 military installation in Illinois having an arms storage 25 facility, upon written request of such commanding officer or 26 his designee, and in the form and manner prescribed by the 27 Department, all criminal history record information 28 pertaining to any individual seeking access to such a storage 29 facility, where such information is sought pursuant to a 30 federally-mandated security or criminal history check. 31 The Department shall establish and charge a fee, not to 32 exceed actual costs, for providing information pursuant to 33 this subsection. 34 (Source: P.A. 91-176, eff. 7-16-99; 91-239, eff. 1-1-00; HB0708 Engrossed -134- LRB9203186EGfg 1 revised 10-12-99.) 2 Section 25. The Department of Transportation Law of the 3 Civil Administrative Code of Illinois is amended by changing 4 Section 2705-200 as follows: 5 (20 ILCS 2705/2705-200) (was 20 ILCS 2705/49.16) 6 Sec. 2705-200. Master plan; reporting requirements. 7 (a) The Department has the power to develop and maintain 8 a continuing, comprehensive, and integrated planning process 9 that shall develop and periodically revise a statewide master 10 plan for transportation to guide program development and to 11 foster efficient and economical transportation services in 12 ground, air, water, and all other modes of transportation 13 throughout the State. The Department shall coordinate its 14 transportation planning activities with those of other State 15 agencies and authorities and shall supervise and review any 16 transportation planning performed by other Executive agencies 17 under the direction of the Governor. The Department shall 18 cooperate and participate with federal, regional, interstate, 19 State, and local agencies, in accordance with Sections 5-301 20 and 7-301 of the Illinois Highway Code, and with interested 21 private individuals and organizations in the coordination of 22 plans and policies for development of the state's 23 transportation system. 24 To meet the provisions of this Section, the Department 25 shall publish and deliver to the Governor and General 26 Assembly by January 1, 1982 and every 2 years thereafter, its 27 master plan for highway, waterway, aeronautic, mass 28 transportation, and railroad systems. The plan shall 29 identify priority subsystems or components of each system 30 that are critical to the economic and general welfare of this 31theState regardless of public jurisdictional responsibility 32 or private ownership. HB0708 Engrossed -135- LRB9203186EGfg 1 The master plan shall provide particular emphasis and 2 detail of the 5 year period in the immediate future. 3 Annual and 5 year project programs for each State system 4 in this Section shall be published and furnished the General 5 Assembly on the first Wednesday in April of each year. 6 Identified needs included in the project programs shall 7 be listed and mapped in a distinctive fashion to clearly 8 identify the priority status of the projects: (1) projects to 9 be committed for execution; (2) tentative projects that are 10 dependent upon funding or other constraints; and (3) needed 11 projects that are not programmed due to lack of funding or 12 other constraints. 13 All projects shall be related to the priority systems of 14 the master plan, and the priority criteria identified. Cost 15 and estimated completion dates shall be included for work 16 required to complete a useable segment or component beyond 17 the 5 year period of the program. 18 (b) The Department shall publish and deliver to the 19 Governor and General Assembly on the first Wednesday in April 20 of each year a 5-year Highway Improvement Program reporting 21 the number of fiscal years each project has been on previous 22 5-year plans submitted by the Department. 23 (c) The Department shall publish and deliver to the 24 Governor and the General Assembly by November 1 of each year 25 a For the Record report that shall include the following: 26 (1) All the projects accomplished in the previous 27 fiscal year listed by each Illinois Department of 28 Transportation District. 29 (2) The award cost and the beginning dates of each 30 listed project. 31 (Source: P.A. 90-277, eff. 1-1-98; 91-239, eff. 1-1-00; 32 91-357, eff. 7-29-99; revised 8-12-99.) 33 Section 25.5. The Illinois Capital Budget Act is amended HB0708 Engrossed -136- LRB9203186EGfg 1 by changing Section 3 as follows: 2 (20 ILCS 3010/3) (from Ch. 127, par. 3103) 3 Sec. 3. Each capital improvement program shall include, 4 but not be limited to, roads, bridges, buildings, including 5 schools, prisons, recreational facilities and conservation 6 areas, and other infrastructure facilities that are owned by 7 the State of Illinois. 8 Each capital improvement program shall include a needs 9 assessment of the State's capital facilities. Each needs 10 assessment shall include where possible the inventory, age, 11 condition, use, sources of financing, past investment, 12 maintenance history, trends in condition, financing and 13 investment, and projected dollar amount of need in the next 5 14 years, 10tenyears, and until the year 2000. Needs 15 assessment of State facilities shall use, to the fullest 16 extent possible, existing studies and data from other 17 agencies such as the Illinois Department of Transportation, 18 the Illinois Environmental Protection Agency, the Illinois 19 Economic and Fiscal Commission, the Capital Development 20 Board, the Governor's Task Force on the Future of Illinois, 21 and relevant federal agencies, so that studies can be 22 completed as efficiently as possible, and so information on 23 needs can be used to seek federal funds as soon as possible. 24 Each capital improvement program shall include an 25 identification and analysis of factors that affect estimated 26 capital investment needs, including but not limited to, 27 economic assumptions, engineering standards, estimates of 28 spending for operations and maintenance, federal and State 29 regulations, and estimation of demand for services. 30 Each capital improvement program shall include an 31 identification and analysis of the principalprinciplepolicy 32 issues that affect estimated capital investment needs, 33 including but not limited to, economic development policy, HB0708 Engrossed -137- LRB9203186EGfg 1 equity considerations, policies regarding alternative 2 technologies, political jurisdiction over different 3 infrastructure systems, and the role of the private sector in 4 planning for and investing in infrastructure. 5 (Source: P.A. 84-838; revised 9-22-00.) 6 Section 26. The Capital Development Board Act is amended 7 by changing Section 16 as follows: 8 (20 ILCS 3105/16) (from Ch. 127, par. 783b) 9 Sec. 16. (a) In addition to any other power granted in 10 this Act to adopt rules or regulations, the Board may adopt 11 regulations or rules relating to the issuance or renewal of 12 the prequalification of an architect, engineer or contractor 13 or the suspension or modification of the prequalification of 14 any such person or entity including, without limitation, an 15 interim or emergency suspension or modification without a 16 hearing founded on any one or more of the bases set forth in 17 this Section. 18 (b) Among the bases for an interim or emergency 19 suspension or modification of prequalification are: 20 (1) A finding by the Board that the public interest, 21 safety or welfare requires a summary suspension or 22 modification of a prequalification without hearings. 23 (2) The occurrence of an event or series of events 24 which, in the Board's opinion, warrants a summary suspension 25 or modification of a prequalification without a hearing 26 including, without limitation, (i) the indictment of the 27 holder of the prequalification by a State or federal agency 28 or other branch of government for a crime; (ii) the 29 suspension or modification of a license or prequalification 30 by another State agency or federal agency or other branch of 31 government after hearings; (iii) a material breach of a 32 contract made between the Board and an architect, engineer or HB0708 Engrossed -138- LRB9203186EGfg 1 contractor; and (iv) the failure to comply with State law 2 including, without limitation, theMinority and Female3 Business Enterprise for Minorities, Females, and Persons with 4 Disabilities Act, the prevailing wage requirements, and the 5 Steel Products Procurement Act. 6 (c) If a prequalification is suspended or modified by 7 the Board without hearings for any reason set forth in this 8 Section or in Section 10-65 of the Illinois Administrative 9 Procedure Act, as amended, the Board shall within 30 days of 10 the issuance of an order of suspension or modification of a 11 prequalification initiate proceedings for the suspension or 12 modification of or other action upon the prequalification. 13 (Source: P.A. 88-45; revised 8-23-99.) 14 Section 26.2. The Illinois Emergency Management Agency 15 Act is amended by changing Section 10 as follows: 16 (20 ILCS 3305/10) (from Ch. 127, par. 1060) 17 Sec. 10. Emergency Services and Disaster Agencies. 18 (a) Each political subdivision within this State shall 19 be within the jurisdiction of and served by the Illinois 20 Emergency Management Agency and by an emergency services and 21 disaster agency responsible for emergency management 22 programs. A township, if the township is in a county having 23 a population of more than 2,000,000, must have approval of 24 the county coordinator before establishment of a township 25 emergency services and disaster agency. 26 (b) Each county shall maintain an emergency services and 27 disaster agency that has jurisdiction over and serves the 28 entire county, except as otherwise provided under this Act 29 and except that in any county with a population of over 30 3,000,000 containing a municipality with a population of over 31 500,000 the jurisdiction of the county agency shall not 32 extend to the municipality when the municipality has HB0708 Engrossed -139- LRB9203186EGfg 1 established its own agency. 2 (c) Each municipality with a population of over 500,000 3 shall maintain an emergency services and disaster agency 4 which has jurisdiction over and serves the entire 5 municipality. A municipality with a population less than 6 500,000 may establish, by ordinance, an agency or department 7 responsible for emergency management within the 8 municipality's corporate limits. 9 (d) The Governor shall determine which municipal 10 corporations, other than those specified in paragraph (c) of 11 this Section, need emergency services and disaster agencies 12 of their own and require that they be established and 13 maintained. He shall make his determinations on the basis of 14 the municipality's disaster vulnerability and capability of 15 response related to population size and concentration. The 16 emergency services and disaster agency of a county or 17 township, shall not have a jurisdiction within a political 18 subdivision having its own emergency services and disaster 19 agency, but shall cooperate with the emergency services and 20 disaster agency of a city, village or incorporated town 21 within their borders. The Illinois Emergency Management 22 Agency shall publish and furnish a current list to the 23 municipalities required to have an emergency services and 24 disaster agency under this subsection. 25 (e) Each municipality that is not required to and does 26 not have an emergency services and disaster agency shall have 27 a liaison officer designated to facilitate the cooperation 28 and protection of that municipal corporation with the county 29 emergency services and disaster agency in which it is located 30 in the work of disaster mitigation, preparedness, response, 31 and recovery. 32 (f) The principal executive officer or his designee of 33 each political subdivision in the State shall annually notify 34 the Illinois Emergency Management Agency of the manner in HB0708 Engrossed -140- LRB9203186EGfg 1 which the political subdivision is providing or securing 2 emergency management, identify the executive head of the 3 agency or the department from which the service is obtained, 4 or the liaison officer in accordance with paragraph (d) of 5 this Section and furnish additional information relating 6 thereto as the Illinois Emergency Management Agency requires. 7 (g) Each emergency services and disaster agency shall 8 prepare and submit to the Illinois Emergency Management 9 Agency for review and approval an emergency operations plan 10 for its geographic boundaries that complies with planning 11 standards developed by the Illinois Emergency Management 12 Agency. The Illinois Emergency Management Agency shall 13 determine which jurisdictions will be required to include 14 earthquake preparedness in their local emergency operations 15 plans. 16 (h) The emergency services and disaster agency shall 17 prepare and distribute to all appropriate officials in 18 written form a clear and complete statement of the emergency 19 responsibilities of all local departments and officials and 20 of the disaster chain of command. 21 (i) Each emergency services and disaster agency shall 22 have a Coordinator who shall be appointed by the principal 23 executive officer of the political subdivision in the same 24 manner as are the heads of regular governmental departments. 25 If the political subdivision is a county and the principal 26 executive officer appoints the sheriff as the Coordinator, 27 the sheriff may, in addition to his regular compensation, 28 receive compensation at the same level as provided in Section 29 3 of "An Act in relation to the regulation of motor vehicle 30 traffic and the promotion of safety on public highways in 31 counties", approved August 9, 1951, as amended. The 32 Coordinator shall have direct responsibility for the 33 organization, administration, training, and operation of the 34 emergency services and disaster agency, subject to the HB0708 Engrossed -141- LRB9203186EGfg 1 direction and control of that principal executive officer. 2 Each emergency services and disaster agency shall coordinate 3 and may perform emergency management functions within the 4 territorial limits of the political subdivision within which 5 it is organized as are prescribed in and by the State 6 Emergency Operations Plan, and programs, orders, rules and 7 regulations as may be promulgated by the Illinois Emergency 8 Management Agency and by local ordinance and, in addition, 9 shall conduct such functions outside of those territorial 10 limits as may be required under mutual aid agreements and 11 compacts as are entered into under subparagraph (5) of 12 paragraph (c) of Section 6. 13 (j) In carrying out the provisions of this Act, each 14 political subdivision may enter into contracts and incur 15 obligations necessary to place it in a position effectively 16 to combat the disasters as are described in Section 4, to 17 protect the health and safety of persons, to protect 18 property, and to provide emergency assistance to victims of 19 those disasters. If a disaster occurs, each political 20 subdivision may exercise the powers vested under this Section 21 in the light of the exigencies of the disaster and, excepting 22 mandatory constitutional requirements, without regard to the 23 procedures and formalities normally prescribed by law 24 pertaining to the performance of public work, entering into 25 contracts, the incurring of obligations, the employment of 26 temporary workers, the rental of equipment, the purchase of 27 supplies and materials, and the appropriation, expenditure, 28 and disposition of public funds and property. 29 (k) Emergency services and disaster agency personnel 30 who, while engaged in a disaster or disaster training 31 exercise, suffer disease, injury or death, shall, for the 32 purposes of benefits under the Workers' Compensation Act or 33 Workers' Occupational Diseases Act only, be deemed to be 34 employees of the State, if (1) the claimant is a duly HB0708 Engrossed -142- LRB9203186EGfg 1 qualified and enrolled (sworn in) as a volunteer of the 2 Illinois Emergency Management Agency or an emergency services 3 and disaster agency accredited by the Illinois Emergency 4 Management Agency, and (2) if the claimant was participating 5 in an actual disaster as defined inparagraph (e) ofSection 6 4 of this Act or the exercise participated in was 7 specifically and expressly approved by the Illinois Emergency 8 Management Agency. Illinois Emergency Management Agency shall 9 use the same criteria for approving an exercise and utilizing 10 State volunteers as required for any political subdivision. 11 The computation of benefits payable under either of those 12 Acts shall be based on the income commensurate with 13 comparable State employees doing the same type work or income 14 from the person's regular employment, whichever is greater. 15 (l) If any person who is entitled to receive benefits 16 through the application of this Section receives, in 17 connection with the disease, injury or death giving rise to 18 such entitlement, benefits under an Act of Congress or 19 federal program, benefits payable under this Section shall be 20 reduced to the extent of the benefits received under that 21 other Act or program. 22 (m) (1) Prior to conducting a disaster training 23 exercise, the principal executive officer of a political 24 subdivision or his designee shall provide area media with 25 written notification of the disaster training exercise. 26 The notification shall indicate that information relating 27 to the disaster training exercise shall not be released 28 to the public until the commencement of the exercise. The 29 notification shall also contain a request that the notice 30 be so posted to ensure that all relevant media personnel 31 are advised of the disaster training exercise before it 32 begins. 33 (2) During the conduct of a disaster training 34 exercise, all messages, two-way radio communications, HB0708 Engrossed -143- LRB9203186EGfg 1 briefings, status reports, news releases, and other oral 2 or written communications shall begin and end with the 3 following statement: "This is an exercise message". 4 (Source: P.A. 87-168; 88-606, eff. 1-1-95; revised 2-9-00.) 5 Section 26.4. The Illinois Research Park Authority Act 6 is amended by changing Section 1-130 as follows: 7 (20 ILCS 3850/1-130) 8 Sec. 1-130. Complete, additional, and alternative 9 methods. The foregoing Sections of this Act are deemed to 10 provideacomplete, additional, and alternative methods for 11 the doing of the things authorized thereby and shall be 12 regarded as supplemental and additional to powers conferred 13 by other laws, provided that the issuance of bonds and 14 refunding bonds under this Act need not comply with the 15 requirements of any other law applicable to the issuance of 16 bonds. Except as otherwise expressly provided in this Act, 17 none of the powers granted to the Authority under this Act 18 shall be subject to the supervision or regulation or require 19 the approval or consent of any municipality or political 20 subdivision or any department, division, commission, board, 21 body, bureau, official, or agency thereof or of the State. 22 (Source: P.A. 88-669, eff. 11-29-94; revised 2-23-00.) 23 Section 26.6. The Correctional Budget and Impact Note 24 Act is amended by changing Sections 3 and 9 as follows: 25 (25 ILCS 70/3) (from Ch. 63, par. 42.83) 26 Sec. 3. Upon the request of the sponsor of any bill 27 described in subsection (a) of Section 2, the Director of the 28 Department of Corrections, or any person within the 29 Department whom the Director may designate, shall prepare a 30 written statement setting forth the information specified in HB0708 Engrossed -144- LRB9203186EGfg 1 subsection (a) of Section 2. Upon the request of the sponsor 2 of any bill described in subsection (b) of Section 2, the 3 Director of the Administrative Office of the Illinois Courts, 4 or any person the Director may designate, shall prepare a 5 written statement setting forth the information specified in 6 subsection (b) of Section 2. 7 The statement prepared by the Director of Corrections or 8 Director of Administrative Office of the Illinois Courts, as 9 the case may be, shall be designated a Correctional Budget 10 and Impact Note and shall be furnished to the sponsor within 11 10 calendar days thereafter, except that whenever, because of 12 the complexity of the bill, additional time is required for 13 the preparation of the note, the Department of Corrections or 14 Administrative Office of the Illinois Courts may so notify 15 the sponsor and request an extension of time not to exceed 5 16 additional days within which such note is to be furnished. 17 Such extension shall not extend beyond May 15 following the 18 date of the request. 19 (Source: P.A. 89-198, eff. 7-21-95; revised 2-23-00.) 20 (25 ILCS 70/9) (from Ch. 63, par. 42.89) 21 Sec. 9. The subject matter of bills submitted to the 22 Director of the Department of Corrections or the Director of 23 the Administrative Office of the Illinois Courts shall be 24 kept in strict confidence and no information relating thereto 25 or relating to the budget or impact thereof shall be divulged 26 by an official or employee of the Department or the 27 Administrative Office of the Illinois Courts, except to the 28 bill's sponsor or his designee, prior to the bill's 29 introduction in the General Assembly. 30 (Source: P.A. 89-198, eff. 7-21-95; revised 2-23-00.) 31 Section 27. The State Finance Act is amended by changing 32 Section 6z-43 and setting forth, changing, and renumbering HB0708 Engrossed -145- LRB9203186EGfg 1 multiple versions of Sections 5.490, 5.491, 5.492, 5.505, 2 5.540, 5.541, 5.542, 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.) HB0708 Engrossed -146- LRB9203186EGfg 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) HB0708 Engrossed -147- LRB9203186EGfg 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.) HB0708 Engrossed -148- LRB9203186EGfg 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 HB0708 Engrossed -149- LRB9203186EGfg 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 Sec. 5.527.5.490.The Assisted Living and Shared 24 Housing Regulatory Fund. 25 (Source: P.A. 91-656, eff. 1-1-01; revised 1-19-00.) 26 (30 ILCS 105/5.528) HB0708 Engrossed -150- LRB9203186EGfg 1 Sec. 5.528.5.490.The Academic Improvement Trust Fund 2 for Community College Foundations. 3 (Source: P.A. 91-664, eff. 12-22-99; revised 1-19-99.) 4 (30 ILCS 105/5.529) 5 Sec. 5.529. The5.490.Wireless Service Emergency Fund. 6 (Source: P.A. 91-660, eff. 12-22-99; revised 1-19-00.) 7 (30 ILCS 105/5.530) 8 Sec. 5.530. The5.491.State Police Wireless Service 9 Emergency Fund. 10 (Source: P.A. 91-660, eff. 12-22-99; revised 1-19-00.) 11 (30 ILCS 105/5.531) 12 Sec. 5.531. The5.492.Wireless Carrier Reimbursement 13 Fund. 14 (Source: P.A. 91-660, eff. 12-22-99; revised 1-19-00.) 15 (30 ILCS 105/5.532) 16 Sec. 5.532.5.541.The Spinal Cord Injury Paralysis Cure 17 Research Trust Fund. 18 (Source: P.A. 91-737, eff. 6-2-00; revised 7-13-00.) 19 (30 ILCS 105/5.533) 20 Sec. 5.533.5.542.The Brain Injury and Spinal Cord 21 Injury Trust Fund. 22 (Source: P.A. 91-737, eff. 6-2-00; revised 7-13-00.) 23 (30 ILCS 105/5.534) 24 Sec. 5.534.5.541.The Organ Donor Awareness Fund. 25 (Source: P.A. 91-805, eff. 1-1-01; revised 7-13-00.) 26 (30 ILCS 105/5.535) 27 Sec. 5.535.5.540.The National World War II Memorial HB0708 Engrossed -151- LRB9203186EGfg 1 Fund. 2 (Source: P.A. 91-833, eff. 1-1-01; 91-836, eff. 1-1-01; 3 revised 7-13-00.) 4 (30 ILCS 105/5.536) 5 Sec. 5.536.5.541.The Post Transplant Maintenance and 6 Retention Fund. 7 (Source: P.A. 91-873, eff. 7-1-00; revised 7-13-00.) 8 (30 ILCS 105/5.540) 9 Sec. 5.540. The Tobacco Settlement Recovery Fund. 10 (Source: P.A. 91-646, eff. 11-19-99.) 11 (30 ILCS 105/5.541) 12 Sec. 5.541. The Homeowners' Tax Relief Fund. 13 (Source: P.A. 91-703, eff. 5-16-00.) 14 (30 ILCS 105/5.542) 15 Sec. 5.542. The Budget Stabilization Fund. 16 (Source: P.A. 91-703, eff. 5-16-00.) 17 (30 ILCS 105/6z-43) 18 Sec. 6z-43. Tobacco Settlement Recovery Fund. 19 (a) There is created in the State Treasury a special 20 fund to be known as the Tobacco Settlement Recovery Fund, 21 into which shall be deposited all monies paid to the State 22 pursuant to (1) the Master Settlement Agreement entered in 23 the case of People of the State of Illinois v. Philip Morris, 24 et al. (Circuit Court of Cook County, No. 96-L13146) and (2) 25 any settlement with or judgment against any tobacco product 26 manufacturer other than one participating in the Master 27 Settlement Agreement in satisfaction of any released claim as 28 defined in the Master Settlement Agreement, as well as any 29 other monies as provided by law. All earnings on Fund HB0708 Engrossed -152- LRB9203186EGfg 1 investments shall be deposited into the Fund. Upon the 2 creation of the Fund, the State Comptroller shall order the 3 State Treasurer to transfer into the Fund any monies paid to 4 the State as described in item (1) or (2) of this Section 5 before the creation of the Fund plus any interest earned on 6 the investment of those monies. The Treasurer may invest the 7 moneys in the Fund in the same manner, in the same types of 8 investments, and subject to the same limitations provided in 9 the Illinois Pension Code for the investment of pension funds 10 other than those established under Article 3 or 4 of the 11 Code. 12 (b) As soon as may be practical after June 30, 2001, the 13 State Comptroller shall direct and the State Treasurer shall 14 transfer the unencumbered balance in the Tobacco Settlement 15 Recovery Fund as of June 30, 2001 into the Budget 16 Stabilization Fund. The Treasurer may invest the moneys in 17 the Budget Stabilization Fund in the same manner, in the same 18 types of investments, and subject to the same limitations 19 provided in the Illinois Pension Code for the investment of 20 pension funds other than those established under Article 3 or 21 4 of the Code. 22 (Source: P.A. 91-646, eff. 11-19-99; 91-704, eff. 7-1-00; 23 91-797, eff. 6-9-00; revised 6-28-00.) 24 (30 ILCS 105/8.36) 25 Sec. 8.36. Airport Land Loan Revolving Fund. 26 Appropriations for loans to public airport owners by the 27 Department of Transportation pursuant to Section 34b of the 28 Illinois Aeronautics Act shall be payable from the Airport 29 Land Loan Revolving Fund. 30 (Source: P.A. 91-543, eff. 8-14-99.) 31 (30 ILCS 105/8.37) 32 Sec. 8.37.8.36.State Police Wireless Service Emergency HB0708 Engrossed -153- LRB9203186EGfg 1 Fund. 2 (a) The State Police Wireless Service Emergency Fund is 3 created as a special fund in the State Treasury. 4 (b) Grants to the Department of State Police from the 5 Wireless Service Emergency Fund shall be deposited into the 6 State Police Wireless Service Emergency Fund and shall be 7 used in accordance with Section 20 of the Wireless Emergency 8 Telephone Safety Act. 9 (c) On July 1, 1999, the State Comptroller and State 10 Treasurer shall transfer $1,300,000 from the General Revenue 11 Fund to the State Police Wireless Service Emergency Fund. On 12 June 30, 2003 the State Comptroller and State Treasurer shall 13 transfer $1,300,000 from the State Police Wireless Service 14 Emergency Fund to the General Revenue Fund. 15 (Source: P.A. 91-660, eff. 12-22-99; revised 1-17-00.) 16 Section 28. The General Obligation Bond Act is amended 17 by changing Section 9 as follows: 18 (30 ILCS 330/9) (from Ch. 127, par. 659) 19 Sec. 9. Conditions for Issuance and Sale of Bonds - 20 Requirements for Bonds. Bonds shall be issued and sold from 21 time to time, in one or more series, in such amounts and at 22 such prices as may be directed by the Governor, upon 23 recommendation by the Director of the Bureau of the Budget. 24 Bonds shall be in such form (either coupon, registered or 25 book entry), in such denominations, payable within 30 years 26 from their date, subject to such terms of redemption with or 27 without premium, bear interest payable at such times and at 28 such fixed rate or rates, andthe Bond Authorization Actbe 29 dated as shall be fixed and determined by the Director of the 30 Bureau of the Budget in the order authorizing the issuance 31 and sale of any series of Bonds, which order shall be 32 approved by the Governor and is herein called a "Bond Sale HB0708 Engrossed -154- LRB9203186EGfg 1 Order"; provided however, that interest shall not exceed that 2 permitted in the Bond Authorization Act, as now or hereafter 3 amended. Said Bonds shall be payable at such place or 4 places, within or without the State of Illinois, and may be 5 made registrable as to either principal or as to both 6 principal and interest, as shall be specified in the Bond 7 Sale Order. Bonds may be callable or subject to purchase and 8 retirement as fixed and determined in the Bond Sale Order.,9 (Source: P.A. 91-39, eff. 6-15-99; 91-357, eff. 7-29-99; 10 revised 8-23-99.) 11 Section 30. The Downstate Public Transportation Act is 12 amended by changing Section 2-7 as follows: 13 (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667) 14 Sec. 2-7. Quarterly reports; annual audit. 15 (a) Any Metro-East Transit District participant shall, 16 no later than 30 days following the end of each month of any 17 fiscal year, file with the Department on forms provided by 18 the Department for that purpose, a report of the actual 19 operating deficit experienced during that quarter. The 20 Department shall, upon receipt of the quarterly report, and 21 upon determining that such operating deficits were incurred 22 in conformity with the program of proposed expenditures 23 approved by the Department pursuant to Section 2-11, pay to 24 any Metro-East Transit District participant such portion of 25 such operating deficit as funds have been transferred to the 26 Metro-East Transit Public Transportation Fund and allocated 27 to that Metro-East Transit District participant. 28 (b) Each participant other than any Metro-East Transit 29 District participant shall, 30 days before the end of each 30 quarter, file with the Department on forms provided by the 31 Department for such purposes a report of the projected 32 eligible operating expenses to be incurred in the next HB0708 Engrossed -155- LRB9203186EGfg 1 quarter and 30 days before the third and fourth quarters of 2 any fiscal year a statement of actual eligible operating 3 expenses incurred in the preceding quarters. Within 45 days 4 of receipt by the Department of such quarterly report, the 5 Comptroller shall order paid and the Treasurer shall pay from 6 the Downstate Public Transportation Fund to each participant 7 an amount equal to one-third of such participant's eligible 8 operating expenses; provided, however, that in Fiscal Year 9 1997, the amount paid to each participant from the Downstate 10 Public Transportation Fund shall be an amount equal to 47% of 11 such participant's eligible operating expenses and shall be 12 increased to 49% in Fiscal Year 1998, 51% in Fiscal Year 13 1999, 53% in Fiscal Year 2000, and 55% in Fiscal Year 2001 14 and thereafter; however, in any year that a participant 15 receives funding under subsection (i) of Section 2705-305 of 16 the Department of Transportation Law (20 ILCS 2705/2705-305), 17 that participant shall be eligible only for assistance equal 18 to the following percentage of its eligible operating 19 expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year 1998, 20 46% in Fiscal Year 1999, 48% in Fiscal Year 2000, and 50% in 21 Fiscal Year 2001 and thereafter. Any such payment for the 22 third and fourth quarters of any fiscal year shall be 23 adjusted to reflect actual eligible operating expenses for 24 preceding quarters of such fiscal year. However, no 25 participant shall receive an amount less than that which was 26 received in the immediate prior year, provided in the event 27 of a shortfall in the fund those participants receiving less 28 than their full allocation pursuant to Section 2-6 of this 29 Article shall be the first participants to receive an amount 30 not less than that received in the immediate prior year. 31 (c) No later than 180 days following the last day of the 32 Fiscal Year each participant shall provide the Department 33 with an audit prepared by a Certified Public Accountant 34 covering that Fiscal Year. Any discrepancy between the HB0708 Engrossed -156- LRB9203186EGfg 1 grants paid and one-third of the eligible operating expenses 2 or in the case of the Bi-State Metropolitan Development 3 District the approved program amount shall be reconciled by 4 appropriate payment or credit. Beginning in Fiscal Year 1985, 5 for those participants other than the Bi-State Metropolitan 6 Development District, any discrepancy between the grants paid 7 and the percentage of the eligible operating expenses 8 provided for by paragraph (b) of this Section shall be 9 reconciled by appropriate payment or credit. 10 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 11 revised 8-9-99.) 12 Section 31. The State Mandates Act is amended by 13 changing Sections 8.23 and 8.24 as follows: 14 (30 ILCS 805/8.23) 15 Sec. 8.23. Exempt mandatesmandate. 16 (a) Notwithstanding Sections 6 and 8 of this Act, no 17 reimbursement by the State is required for the implementation 18 of any mandate created by Public Act 91-17, 91-56, 91-254, 19 91-401, 91-466, 91-474, 91-478, 91-486, 91-523, 91-578, 20 91-617, 91-635, or 91-651this amendatory Act of the 91st21General Assembly 1999. 22 (b) Notwithstanding Sections 6 and 8 of this Act and 23 except for the payment provided in subsection (k) of Section 24 21-14 of the School Code, no reimbursement by the State is 25 required for the implementation of any mandate created by 26 Public Act 91-102this amendatory Act of the 91st General27Assembly. 28 (Source: P.A. 91-17, eff. 6-4-99; 91-56, eff. 6-30-99; 29 91-102, eff. 7-12-99; 91-254, eff. 7-1-00; 91-401, eff. 30 1-1-00; 91-466, eff. 8-6-99; 91-474, eff. 11-1-99; 91-478, 31 eff. 11-1-99; 91-486, eff. 1-1-00; 91-523, eff. 1-1-00; 32 91-578, eff. 8-14-99; 91-617, eff. 1-1-00; 91-635, eff. HB0708 Engrossed -157- LRB9203186EGfg 1 8-20-99; 91-651, eff. 1-1-00; revised 1-19-00.) 2 (30 ILCS 805/8.24) 3 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6 4 and 8 of this Act, no reimbursement by the State is required 5 for the implementation of any mandate created by Public Act 6 91-699, 91-722, 91-834, 91-852, 91-870, 91-885, 91-887, or 7 91-897.this amendatory Act of the 91st General Assembly.8 (Source: P.A. 91-699, eff. 1-1-01; 91-722, eff. 6-2-00; 9 91-834, eff. 1-1-01; 91-852, eff. 6-22-00; 91-870, eff. 10 6-22-00; 91-885, eff. 7-6-00; 91-887, eff. 7-6-00; 91-897, 11 eff. 7-6-00; revised 9-7-00.) 12 Section 32. The Illinois Income Tax Act is amended by 13 changing Sections 201, 203, 703, and 901 as follows: 14 (35 ILCS 5/201) (from Ch. 120, par. 2-201) 15 Sec. 201. Tax Imposed. 16 (a) In general. A tax measured by net income is hereby 17 imposed on every individual, corporation, trust and estate 18 for each taxable year ending after July 31, 1969 on the 19 privilege of earning or receiving income in or as a resident 20 of this State. Such tax shall be in addition to all other 21 occupation or privilege taxes imposed by this State or by any 22 municipal corporation or political subdivision thereof. 23 (b) Rates. The tax imposed by subsection (a) of this 24 Section shall be determined as follows, except as adjusted by 25 subsection (d-1): 26 (1) In the case of an individual, trust or estate, 27 for taxable years ending prior to July 1, 1989, an amount 28 equal to 2 1/2% of the taxpayer's net income for the 29 taxable year. 30 (2) In the case of an individual, trust or estate, 31 for taxable years beginning prior to July 1, 1989 and HB0708 Engrossed -158- LRB9203186EGfg 1 ending after June 30, 1989, an amount equal to the sum of 2 (i) 2 1/2% of the taxpayer's net income for the period 3 prior to July 1, 1989, as calculated under Section 202.3, 4 and (ii) 3% of the taxpayer's net income for the period 5 after June 30, 1989, as calculated under Section 202.3. 6 (3) In the case of an individual, trust or estate, 7 for taxable years beginning after June 30, 1989, an 8 amount equal to 3% of the taxpayer's net income for the 9 taxable year. 10 (4) (Blank). 11 (5) (Blank). 12 (6) In the case of a corporation, for taxable years 13 ending prior to July 1, 1989, an amount equal to 4% of 14 the taxpayer's net income for the taxable year. 15 (7) In the case of a corporation, for taxable years 16 beginning prior to July 1, 1989 and ending after June 30, 17 1989, an amount equal to the sum of (i) 4% of the 18 taxpayer's net income for the period prior to July 1, 19 1989, as calculated under Section 202.3, and (ii) 4.8% of 20 the taxpayer's net income for the period after June 30, 21 1989, as calculated under Section 202.3. 22 (8) In the case of a corporation, for taxable years 23 beginning after June 30, 1989, an amount equal to 4.8% of 24 the taxpayer's net income for the taxable year. 25 (c) Beginning on July 1, 1979 and thereafter, in 26 addition to such income tax, there is also hereby imposed the 27 Personal Property Tax Replacement Income Tax measured by net 28 income on every corporation (including Subchapter S 29 corporations), partnership and trust, for each taxable year 30 ending after June 30, 1979. Such taxes are imposed on the 31 privilege of earning or receiving income in or as a resident 32 of this State. The Personal Property Tax Replacement Income 33 Tax shall be in addition to the income tax imposed by 34 subsections (a) and (b) of this Section and in addition to HB0708 Engrossed -159- LRB9203186EGfg 1 all other occupation or privilege taxes imposed by this State 2 or by any municipal corporation or political subdivision 3 thereof. 4 (d) Additional Personal Property Tax Replacement Income 5 Tax Rates. The personal property tax replacement income tax 6 imposed by this subsection and subsection (c) of this Section 7 in the case of a corporation, other than a Subchapter S 8 corporation and except as adjusted by subsection (d-1), shall 9 be an additional amount equal to 2.85% of such taxpayer's net 10 income for the taxable year, except that beginning on January 11 1, 1981, and thereafter, the rate of 2.85% specified in this 12 subsection shall be reduced to 2.5%, and in the case of a 13 partnership, trust or a Subchapter S corporation shall be an 14 additional amount equal to 1.5% of such taxpayer's net income 15 for the taxable year. 16 (d-1) Rate reduction for certain foreign insurers. In 17 the case of a foreign insurer, as defined by Section 35A-5 of 18 the Illinois Insurance Code, whose state or country of 19 domicile imposes on insurers domiciled in Illinois a 20 retaliatory tax (excluding any insurer whose premiums from 21 reinsurance assumed are 50% or more of its total insurance 22 premiums as determined under paragraph (2) of subsection (b) 23 of Section 304, except that for purposes of this 24 determination premiums from reinsurance do not include 25 premiums from inter-affiliate reinsurance arrangements), 26 beginning with taxable years ending on or after December 31, 27 1999, the sum of the rates of tax imposed by subsections (b) 28 and (d) shall be reduced (but not increased) to the rate at 29 which the total amount of tax imposed under this Act, net of 30 all credits allowed under this Act, shall equal (i) the total 31 amount of tax that would be imposed on the foreign insurer's 32 net income allocable to Illinois for the taxable year by such 33 foreign insurer's state or country of domicile if that net 34 income were subject to all income taxes and taxes measured by HB0708 Engrossed -160- LRB9203186EGfg 1 net income imposed by such foreign insurer's state or country 2 of domicile, net of all credits allowed or (ii) a rate of 3 zero if no such tax is imposed on such income by the foreign 4 insurer's state of domicile. For the purposes of this 5 subsection (d-1), an inter-affiliate includes a mutual 6 insurer under common management. 7 (1) For the purposes of subsection (d-1), in no 8 event shall the sum of the rates of tax imposed by 9 subsections (b) and (d) be reduced below the rate at 10 which the sum of: 11 (A) the total amount of tax imposed on such 12 foreign insurer under this Act for a taxable year, 13 net of all credits allowed under this Act, plus 14 (B) the privilege tax imposed by Section 409 15 of the Illinois Insurance Code, the fire insurance 16 company tax imposed by Section 12 of the Fire 17 Investigation Act, and the fire department taxes 18 imposed under Section 11-10-1 of the Illinois 19 Municipal Code, 20 equals 1.25% of the net taxable premiums written for the 21 taxable year, as described by subsection (1) of Section 22 409 of the Illinois Insurance Code. This paragraph will 23 in no event increase the rates imposed under subsections 24 (b) and (d). 25 (2) Any reduction in the rates of tax imposed by 26 this subsection shall be applied first against the rates 27 imposed by subsection (b) and only after the tax imposed 28 by subsection (a) net of all credits allowed under this 29 Section other than the credit allowed under subsection 30 (i) has been reduced to zero, against the rates imposed 31 by subsection (d). 32 This subsection (d-1) is exempt from the provisions of 33 Section 250. 34 (e) Investment credit. A taxpayer shall be allowed a HB0708 Engrossed -161- LRB9203186EGfg 1 credit against the Personal Property Tax Replacement Income 2 Tax for investment in qualified property. 3 (1) A taxpayer shall be allowed a credit equal to 4 .5% of the basis of qualified property placed in service 5 during the taxable year, provided such property is placed 6 in service on or after July 1, 1984. There shall be 7 allowed an additional credit equal to .5% of the basis of 8 qualified property placed in service during the taxable 9 year, provided such property is placed in service on or 10 after July 1, 1986, and the taxpayer's base employment 11 within Illinois has increased by 1% or more over the 12 preceding year as determined by the taxpayer's employment 13 records filed with the Illinois Department of Employment 14 Security. Taxpayers who are new to Illinois shall be 15 deemed to have met the 1% growth in base employment for 16 the first year in which they file employment records with 17 the Illinois Department of Employment Security. The 18 provisions added to this Section by Public Act 85-1200 19 (and restored by Public Act 87-895) shall be construed as 20 declaratory of existing law and not as a new enactment. 21 If, in any year, the increase in base employment within 22 Illinois over the preceding year is less than 1%, the 23 additional credit shall be limited to that percentage 24 times a fraction, the numerator of which is .5% and the 25 denominator of which is 1%, but shall not exceed .5%. 26 The investment credit shall not be allowed to the extent 27 that it would reduce a taxpayer's liability in any tax 28 year below zero, nor may any credit for qualified 29 property be allowed for any year other than the year in 30 which the property was placed in service in Illinois. For 31 tax years ending on or after December 31, 1987, and on or 32 before December 31, 1988, the credit shall be allowed for 33 the tax year in which the property is placed in service, 34 or, if the amount of the credit exceeds the tax liability HB0708 Engrossed -162- LRB9203186EGfg 1 for that year, whether it exceeds the original liability 2 or the liability as later amended, such excess may be 3 carried forward and applied to the tax liability of the 5 4 taxable years following the excess credit years if the 5 taxpayer (i) makes investments which cause the creation 6 of a minimum of 2,000 full-time equivalent jobs in 7 Illinois, (ii) is located in an enterprise zone 8 established pursuant to the Illinois Enterprise Zone Act 9 and (iii) is certified by the Department of Commerce and 10 Community Affairs as complying with the requirements 11 specified in clause (i) and (ii) by July 1, 1986. The 12 Department of Commerce and Community Affairs shall notify 13 the Department of Revenue of all such certifications 14 immediately. For tax years ending after December 31, 15 1988, the credit shall be allowed for the tax year in 16 which the property is placed in service, or, if the 17 amount of the credit exceeds the tax liability for that 18 year, whether it exceeds the original liability or the 19 liability as later amended, such excess may be carried 20 forward and applied to the tax liability of the 5 taxable 21 years following the excess credit years. The credit shall 22 be applied to the earliest year for which there is a 23 liability. If there is credit from more than one tax year 24 that is available to offset a liability, earlier credit 25 shall be applied first. 26 (2) The term "qualified property" means property 27 which: 28 (A) is tangible, whether new or used, 29 including buildings and structural components of 30 buildings and signs that are real property, but not 31 including land or improvements to real property that 32 are not a structural component of a building such as 33 landscaping, sewer lines, local access roads, 34 fencing, parking lots, and other appurtenances; HB0708 Engrossed -163- LRB9203186EGfg 1 (B) is depreciable pursuant to Section 167 of 2 the Internal Revenue Code, except that "3-year 3 property" as defined in Section 168(c)(2)(A) of that 4 Code is not eligible for the credit provided by this 5 subsection (e); 6 (C) is acquired by purchase as defined in 7 Section 179(d) of the Internal Revenue Code; 8 (D) is used in Illinois by a taxpayer who is 9 primarily engaged in manufacturing, or in mining 10 coal or fluorite, or in retailing; and 11 (E) has not previously been 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 (e) or subsection (f). 15 (3) For purposes of this subsection (e), 16 "manufacturing" means the material staging and production 17 of tangible personal property by procedures commonly 18 regarded as manufacturing, processing, fabrication, or 19 assembling which changes some existing material into new 20 shapes, new qualities, or new combinations. For purposes 21 of this subsection (e) the term "mining" shall have the 22 same meaning as the term "mining" in Section 613(c) of 23 the Internal Revenue Code. For purposes of this 24 subsection (e), the term "retailing" means the sale of 25 tangible personal property or services rendered in 26 conjunction with the sale of tangible consumer goods or 27 commodities. 28 (4) The basis of qualified property shall be the 29 basis used to compute the depreciation deduction for 30 federal income tax purposes. 31 (5) If the basis of the property for federal income 32 tax depreciation purposes is increased after it has been 33 placed in service in Illinois by the taxpayer, the amount 34 of such increase shall be deemed property placed in HB0708 Engrossed -164- LRB9203186EGfg 1 service on the date of such increase in basis. 2 (6) The term "placed in service" shall have the 3 same meaning as under Section 46 of the Internal Revenue 4 Code. 5 (7) If during any taxable year, any property ceases 6 to be qualified property in the hands of the taxpayer 7 within 48 months after being placed in service, or the 8 situs of any qualified property is moved outside Illinois 9 within 48 months after being placed in service, the 10 Personal Property Tax Replacement Income Tax for such 11 taxable year shall be increased. Such increase shall be 12 determined by (i) recomputing the investment credit which 13 would have been allowed for the year in which credit for 14 such property was originally allowed by eliminating such 15 property from such computation and, (ii) subtracting such 16 recomputed credit from the amount of credit previously 17 allowed. For the purposes of this paragraph (7), a 18 reduction of the basis of qualified property resulting 19 from a redetermination of the purchase price shall be 20 deemed a disposition of qualified property to the extent 21 of such reduction. 22 (8) Unless the investment credit is extended by 23 law, the basis of qualified property shall not include 24 costs incurred after December 31, 2003, except for costs 25 incurred pursuant to a binding contract entered into on 26 or before December 31, 2003. 27 (9) Each taxable year ending before December 31, 28 2000, a partnership may elect to pass through to its 29 partners the credits to which the partnership is entitled 30 under this subsection (e) for the taxable year. A 31 partner may use the credit allocated to him or her under 32 this paragraph only against the tax imposed in 33 subsections (c) and (d) of this Section. If the 34 partnership makes that election, those credits shall be HB0708 Engrossed -165- LRB9203186EGfg 1 allocated among the partners in the partnership in 2 accordance with the rules set forth in Section 704(b) of 3 the Internal Revenue Code, and the rules promulgated 4 under that Section, and the allocated amount of the 5 credits shall be allowed to the partners for that taxable 6 year. The partnership shall make this election on its 7 Personal Property Tax Replacement Income Tax return for 8 that taxable year. The election to pass through the 9 credits shall be irrevocable. 10 For taxable years ending on or after December 31, 11 2000, a partner that qualifies its partnership for a 12 subtraction under subparagraph (I) of paragraph (2) of 13 subsection (d) of Section 203 or a shareholder that 14 qualifies a Subchapter S corporation for a subtraction 15 under subparagraph (S) of paragraph (2) of subsection (b) 16 of Section 203 shall be allowed a credit under this 17 subsection (e) equal to its share of the credit earned 18 under this subsection (e) during the taxable year by the 19 partnership or Subchapter S corporation, determined in 20 accordance with the determination of income and 21 distributive share of income under Sections 702 and 704 22 and Subchapter S of the Internal Revenue Code. This 23 paragraph is exempt from the provisions of Section 250. 24 (f) Investment credit; Enterprise Zone. 25 (1) A taxpayer shall be allowed a credit against 26 the tax imposed by subsections (a) and (b) of this 27 Section for investment in qualified property which is 28 placed in service in an Enterprise Zone created pursuant 29 to the Illinois Enterprise Zone Act. For partners, 30 shareholders of Subchapter S corporations, and owners of 31 limited liability companies, if the liability company is 32 treated as a partnership for purposes of federal and 33 State income taxation, there shall be allowed a credit 34 under this subsection (f) to be determined in accordance HB0708 Engrossed -166- LRB9203186EGfg 1 with the determination of income and distributive share 2 of income under Sections 702 and 704 and Subchapter S of 3 the Internal Revenue Code. The credit shall be .5% of the 4 basis for such property. The credit shall be available 5 only in the taxable year in which the property is placed 6 in service in the Enterprise Zone and shall not be 7 allowed to the extent that it would reduce a taxpayer's 8 liability for the tax imposed by subsections (a) and (b) 9 of this Section to below zero. For tax years ending on or 10 after December 31, 1985, the credit shall be allowed for 11 the tax year in which the property is placed in service, 12 or, if the amount of the credit exceeds the tax liability 13 for that year, whether it exceeds the original liability 14 or the liability as later amended, such excess may be 15 carried forward and applied to the tax liability of the 5 16 taxable years following the excess credit year. The 17 credit shall be applied to the earliest year for which 18 there is a liability. If there is credit from more than 19 one tax year that is available to offset a liability, the 20 credit accruing first in time shall be applied first. 21 (2) The term qualified property means property 22 which: 23 (A) is tangible, whether new or used, 24 including buildings and structural components of 25 buildings; 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 (f); 31 (C) is acquired by purchase as defined in 32 Section 179(d) of the Internal Revenue Code; 33 (D) is used in the Enterprise Zone by the 34 taxpayer; and HB0708 Engrossed -167- LRB9203186EGfg 1 (E) has not been previously used in Illinois 2 in such a manner and by such a person as would 3 qualify for the credit provided by this subsection 4 (f) or subsection (e). 5 (3) The basis of qualified property shall be the 6 basis used to compute the depreciation deduction for 7 federal income tax purposes. 8 (4) If the basis of the property for federal income 9 tax depreciation purposes is increased after it has been 10 placed in service in the Enterprise Zone by the taxpayer, 11 the amount of such increase shall be deemed property 12 placed in service on the date of such increase in basis. 13 (5) The term "placed in service" shall have the 14 same meaning as under Section 46 of the Internal Revenue 15 Code. 16 (6) If during any taxable year, any property ceases 17 to be qualified property in the hands of the taxpayer 18 within 48 months after being placed in service, or the 19 situs of any qualified property is moved outside the 20 Enterprise Zone within 48 months after being placed in 21 service, the tax imposed under subsections (a) and (b) of 22 this Section for such taxable year shall be increased. 23 Such increase shall be determined by (i) recomputing the 24 investment credit which would have been allowed for the 25 year in which credit for such property was originally 26 allowed by eliminating such property from such 27 computation, and (ii) subtracting such recomputed credit 28 from the amount of credit previously allowed. For the 29 purposes of this paragraph (6), a reduction of the basis 30 of qualified property resulting from a redetermination of 31 the purchase price shall be deemed a disposition of 32 qualified property to the extent of such reduction. 33 (g) Jobs Tax Credit; Enterprise Zone and Foreign Trade 34 Zone or Sub-Zone. HB0708 Engrossed -168- LRB9203186EGfg 1 (1) A taxpayer conducting a trade or business in an 2 enterprise zone or a High Impact Business designated by 3 the Department of Commerce and Community Affairs 4 conducting a trade or business in a federally designated 5 Foreign Trade Zone or Sub-Zone shall be allowed a credit 6 against the tax imposed by subsections (a) and (b) of 7 this Section in the amount of $500 per eligible employee 8 hired to work in the zone during the taxable year. 9 (2) To qualify for the credit: 10 (A) the taxpayer must hire 5 or more eligible 11 employees to work in an enterprise zone or federally 12 designated Foreign Trade Zone or Sub-Zone during the 13 taxable year; 14 (B) the taxpayer's total employment within the 15 enterprise zone or federally designated Foreign 16 Trade Zone or Sub-Zone must increase by 5 or more 17 full-time employees beyond the total employed in 18 that zone at the end of the previous tax year for 19 which a jobs tax credit under this Section was 20 taken, or beyond the total employed by the taxpayer 21 as of December 31, 1985, whichever is later; and 22 (C) the eligible employees must be employed 23 180 consecutive days in order to be deemed hired for 24 purposes of this subsection. 25 (3) An "eligible employee" means an employee who 26 is: 27 (A) Certified by the Department of Commerce 28 and Community Affairs as "eligible for services" 29 pursuant to regulations promulgated in accordance 30 with Title II of the Job Training Partnership Act, 31 Training Services for the Disadvantaged or Title III 32 of the Job Training Partnership Act, Employment and 33 Training Assistance for Dislocated Workers Program. 34 (B) Hired after the enterprise zone or HB0708 Engrossed -169- LRB9203186EGfg 1 federally designated Foreign Trade Zone or Sub-Zone 2 was designated or the trade or business was located 3 in that zone, whichever is later. 4 (C) Employed in the enterprise zone or Foreign 5 Trade Zone or Sub-Zone. An employee is employed in 6 an enterprise zone or federally designated Foreign 7 Trade Zone or Sub-Zone if his services are rendered 8 there or it is the base of operations for the 9 services performed. 10 (D) A full-time employee working 30 or more 11 hours per week. 12 (4) For tax years ending on or after December 31, 13 1985 and prior to December 31, 1988, the credit shall be 14 allowed for the tax year in which the eligible employees 15 are hired. For tax years ending on or after December 31, 16 1988, the credit shall be allowed for the tax year 17 immediately following the tax year in which the eligible 18 employees are hired. If the amount of the credit exceeds 19 the tax liability for that year, whether it exceeds the 20 original liability or the liability as later amended, 21 such excess may be carried forward and applied to the tax 22 liability of the 5 taxable years following the excess 23 credit year. The credit shall be applied to the earliest 24 year for which there is a liability. If there is credit 25 from more than one tax year that is available to offset a 26 liability, earlier credit shall be applied first. 27 (5) The Department of Revenue shall promulgate such 28 rules and regulations as may be deemed necessary to carry 29 out the purposes of this subsection (g). 30 (6) The credit shall be available for eligible 31 employees hired on or after January 1, 1986. 32 (h) Investment credit; High Impact Business. 33 (1) Subject to subsection (b) of Section 5.5 of the 34 Illinois Enterprise Zone Act, a taxpayer shall be allowed HB0708 Engrossed -170- LRB9203186EGfg 1 a credit against the tax imposed by subsections (a) and 2 (b) of this Section for investment in qualified property 3 which is placed in service by a Department of Commerce 4 and Community Affairs designated High Impact Business. 5 The credit shall be .5% of the basis for such property. 6 The credit shall not be available until the minimum 7 investments in qualified property set forth in Section 8 5.5 of the Illinois Enterprise Zone Act have been 9 satisfied and shall not be allowed to the extent that it 10 would reduce a taxpayer's liability for the tax imposed 11 by subsections (a) and (b) of this Section to below zero. 12 The credit applicable to such minimum investments shall 13 be taken in the taxable year in which such minimum 14 investments have been completed. The credit for 15 additional investments beyond the minimum investment by a 16 designated high impact business shall be available only 17 in the taxable year in which the property is placed in 18 service and shall not be allowed to the extent that it 19 would reduce a taxpayer's liability for the tax imposed 20 by subsections (a) and (b) of this Section to below zero. 21 For tax years ending on or after December 31, 1987, the 22 credit shall be allowed for the tax year in which the 23 property is placed in service, or, if the amount of the 24 credit exceeds the tax liability for that year, whether 25 it exceeds the original liability or the liability as 26 later amended, such excess may be carried forward and 27 applied to the tax liability of the 5 taxable years 28 following the excess credit year. The credit shall be 29 applied to the earliest year for which there is a 30 liability. If there is credit from more than one tax 31 year that is available to offset a liability, the credit 32 accruing first in time shall be applied first. 33 Changes made in this subdivision (h)(1) by Public 34 Act 88-670 restore changes made by Public Act 85-1182 and HB0708 Engrossed -171- LRB9203186EGfg 1 reflect existing law. 2 (2) The term qualified property means property 3 which: 4 (A) is tangible, whether new or used, 5 including buildings and structural components of 6 buildings; 7 (B) is depreciable pursuant to Section 167 of 8 the Internal Revenue Code, except that "3-year 9 property" as defined in Section 168(c)(2)(A) of that 10 Code is not eligible for the credit provided by this 11 subsection (h); 12 (C) is acquired by purchase as defined in 13 Section 179(d) of the Internal Revenue Code; and 14 (D) is not eligible for the Enterprise Zone 15 Investment Credit provided by subsection (f) of this 16 Section. 17 (3) The basis of qualified property shall be the 18 basis used to compute the depreciation deduction for 19 federal income tax purposes. 20 (4) If the basis of the property for federal income 21 tax depreciation purposes is increased after it has been 22 placed in service in a federally designated Foreign Trade 23 Zone or Sub-Zone located in Illinois by the taxpayer, the 24 amount of such increase shall be deemed property placed 25 in service on the date of such increase in basis. 26 (5) The term "placed in service" shall have the 27 same meaning as under Section 46 of the Internal Revenue 28 Code. 29 (6) If during any taxable year ending on or before 30 December 31, 1996, any property ceases to be qualified 31 property in the hands of the taxpayer within 48 months 32 after being placed in service, or the situs of any 33 qualified property is moved outside Illinois within 48 34 months after being placed in service, the tax imposed HB0708 Engrossed -172- LRB9203186EGfg 1 under subsections (a) and (b) of this Section 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 (6), 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 (7) Beginning with tax years ending after December 14 31, 1996, if a taxpayer qualifies for the credit under 15 this subsection (h) and thereby is granted a tax 16 abatement and the taxpayer relocates its entire facility 17 in violation of the explicit terms and length of the 18 contract under Section 18-183 of the Property Tax Code, 19 the tax imposed under subsections (a) and (b) of this 20 Section shall be increased for the taxable year in which 21 the taxpayer relocated its facility by an amount equal to 22 the amount of credit received by the taxpayer under this 23 subsection (h). 24 (i) A credit shall be allowed against the tax imposed by 25 subsections (a) and (b) of this Section for the tax imposed 26 by subsections (c) and (d) of this Section. This credit 27 shall be computed by multiplying the tax imposed by 28 subsections (c) and (d) of this Section by a fraction, the 29 numerator of which is base income allocable to Illinois and 30 the denominator of which is Illinois base income, and further 31 multiplying the product by the tax rate imposed by 32 subsections (a) and (b) of this Section. 33 Any credit earned on or after December 31, 1986 under 34 this subsection which is unused in the year the credit is HB0708 Engrossed -173- LRB9203186EGfg 1 computed because it exceeds the tax liability imposed by 2 subsections (a) and (b) for that year (whether it exceeds the 3 original liability or the liability as later amended) may be 4 carried forward and applied to the tax liability imposed by 5 subsections (a) and (b) of the 5 taxable years following the 6 excess credit year. This credit shall be applied first to 7 the earliest year for which there is a liability. If there 8 is a credit under this subsection from more than one tax year 9 that is available to offset a liability the earliest credit 10 arising under this subsection shall be applied first. 11 If, during any taxable year ending on or after December 12 31, 1986, the tax imposed by subsections (c) and (d) of this 13 Section for which a taxpayer has claimed a credit under this 14 subsection (i) is reduced, the amount of credit for such tax 15 shall also be reduced. Such reduction shall be determined by 16 recomputing the credit to take into account the reduced tax 17 imposed by subsection (c) and (d). If any portion of the 18 reduced amount of credit has been carried to a different 19 taxable year, an amended return shall be filed for such 20 taxable year to reduce the amount of credit claimed. 21 (j) Training expense credit. Beginning with tax years 22 ending on or after December 31, 1986, a taxpayer shall be 23 allowed a credit against the tax imposed by subsection (a) 24 and (b) under this Section for all amounts paid or accrued, 25 on behalf of all persons employed by the taxpayer in Illinois 26 or Illinois residents employed outside of Illinois by a 27 taxpayer, for educational or vocational training in 28 semi-technical or technical fields or semi-skilled or skilled 29 fields, which were deducted from gross income in the 30 computation of taxable income. The credit against the tax 31 imposed by subsections (a) and (b) shall be 1.6% of such 32 training expenses. For partners, shareholders of subchapter 33 S corporations, and owners of limited liability companies, if 34 the liability company is treated as a partnership for HB0708 Engrossed -174- LRB9203186EGfg 1 purposes of federal and State income taxation, there shall be 2 allowed a credit under this subsection (j) to be determined 3 in accordance with the determination of income and 4 distributive share of income under Sections 702 and 704 and 5 subchapter S of the Internal Revenue Code. 6 Any credit allowed under this subsection which is unused 7 in the year the credit is earned may be carried forward to 8 each of the 5 taxable years following the year for which the 9 credit is first computed until it is used. This credit shall 10 be applied first to the earliest year for which there is a 11 liability. If there is a credit under this subsection from 12 more than one tax year that is available to offset a 13 liability the earliest credit arising under this subsection 14 shall be applied first. 15 (k) Research and development credit. 16 Beginning with tax years ending after July 1, 1990, a 17 taxpayer shall be allowed a credit against the tax imposed by 18 subsections (a) and (b) of this Section for increasing 19 research activities in this State. The credit allowed 20 against the tax imposed by subsections (a) and (b) shall be 21 equal to 6 1/2% of the qualifying expenditures for increasing 22 research activities in this State. For partners, shareholders 23 of subchapter S corporations, and owners of limited liability 24 companies, if the liability company is treated as a 25 partnership for purposes of federal and State income 26 taxation, there shall be allowed a credit under this 27 subsection to be determined in accordance with the 28 determination of income and distributive share of income 29 under Sections 702 and 704 and subchapter S of the Internal 30 Revenue Code. 31 For purposes of this subsection, "qualifying 32 expenditures" means the qualifying expenditures as defined 33 for the federal credit for increasing research activities 34 which would be allowable under Section 41 of the Internal HB0708 Engrossed -175- LRB9203186EGfg 1 Revenue Code and which are conducted in this State, 2 "qualifying expenditures for increasing research activities 3 in this State" means the excess of qualifying expenditures 4 for the taxable year in which incurred over qualifying 5 expenditures for the base period, "qualifying expenditures 6 for the base period" means the average of the qualifying 7 expenditures for each year in the base period, and "base 8 period" means the 3 taxable years immediately preceding the 9 taxable year for which the determination is being made. 10 Any credit in excess of the tax liability for the taxable 11 year may be carried forward. A taxpayer may elect to have the 12 unused credit shown on its final completed return carried 13 over as a credit against the tax liability for the following 14 5 taxable years or until it has been fully used, whichever 15 occurs first. 16 If an unused credit is carried forward to a given year 17 from 2 or more earlier years, that credit arising in the 18 earliest year will be applied first against the tax liability 19 for the given year. If a tax liability for the given year 20 still remains, the credit from the next earliest year will 21 then be applied, and so on, until all credits have been used 22 or no tax liability for the given year remains. Any 23 remaining unused credit or credits then will be carried 24 forward to the next following year in which a tax liability 25 is incurred, except that no credit can be carried forward to 26 a year which is more than 5 years after the year in which the 27 expense for which the credit is given was incurred. 28 Unless extended by law, the credit shall not include 29 costs incurred after December 31, 2004, except for costs 30 incurred pursuant to a binding contract entered into on or 31 before December 31, 2004. 32 No inference shall be drawn from this amendatory Act of 33 the 91st General Assembly in construing this Section for 34 taxable years beginning before January 1, 1999. HB0708 Engrossed -176- LRB9203186EGfg 1 (l) Environmental Remediation Tax Credit. 2 (i) For tax years ending after December 31, 1997 3 and on or before December 31, 2001, a taxpayer shall be 4 allowed a credit against the tax imposed by subsections 5 (a) and (b) of this Section for certain amounts paid for 6 unreimbursed eligible remediation costs, as specified in 7 this subsection. For purposes of this Section, 8 "unreimbursed eligible remediation costs" means costs 9 approved by the Illinois Environmental Protection Agency 10 ("Agency") under Section 58.14 of the Environmental 11 Protection Act that were paid in performing environmental 12 remediation at a site for which a No Further Remediation 13 Letter was issued by the Agency and recorded under 14 Section 58.10 of the Environmental Protection Act. The 15 credit must be claimed for the taxable year in which 16 Agency approval of the eligible remediation costs is 17 granted. The credit is not available to any taxpayer if 18 the taxpayer or any related party caused or contributed 19 to, in any material respect, a release of regulated 20 substances on, in, or under the site that was identified 21 and addressed by the remedial action pursuant to the Site 22 Remediation Program of the Environmental Protection Act. 23 After the Pollution Control Board rules are adopted 24 pursuant to the Illinois Administrative Procedure Act for 25 the administration and enforcement of Section 58.9 of the 26 Environmental Protection Act, determinations as to credit 27 availability for purposes of this Section shall be made 28 consistent with those rules. For purposes of this 29 Section, "taxpayer" includes a person whose tax 30 attributes the taxpayer has succeeded to under Section 31 381 of the Internal Revenue Code and "related party" 32 includes the persons disallowed a deduction for losses by 33 paragraphs (b), (c), and (f)(1) of Section 267 of the 34 Internal Revenue Code by virtue of being a related HB0708 Engrossed -177- LRB9203186EGfg 1 taxpayer, as well as any of its partners. The credit 2 allowed against the tax imposed by subsections (a) and 3 (b) shall be equal to 25% of the unreimbursed eligible 4 remediation costs in excess of $100,000 per site, except 5 that the $100,000 threshold shall not apply to any site 6 contained in an enterprise zone as determined by the 7 Department of Commerce and Community Affairs. The total 8 credit allowed shall not exceed $40,000 per year with a 9 maximum total of $150,000 per site. For partners and 10 shareholders of subchapter S corporations, there shall be 11 allowed a credit under this subsection to be determined 12 in accordance with the determination of income and 13 distributive share of income under Sections 702 and 704 14 andofsubchapter S of the Internal Revenue Code. 15 (ii) A credit allowed under this subsection that is 16 unused in the year the credit is earned may be carried 17 forward to each of the 5 taxable years following the year 18 for which the credit is first earned until it is used. 19 The term "unused credit" does not include any amounts of 20 unreimbursed eligible remediation costs in excess of the 21 maximum credit per site authorized under paragraph (i). 22 This credit shall be applied first to the earliest year 23 for which there is a liability. If there is a credit 24 under this subsection from more than one tax year that is 25 available to offset a liability, the earliest credit 26 arising under this subsection shall be applied first. A 27 credit allowed under this subsection may be sold to a 28 buyer as part of a sale of all or part of the remediation 29 site for which the credit was granted. The purchaser of 30 a remediation site and the tax credit shall succeed to 31 the unused credit and remaining carry-forward period of 32 the seller. To perfect the transfer, the assignor shall 33 record the transfer in the chain of title for the site 34 and provide written notice to the Director of the HB0708 Engrossed -178- LRB9203186EGfg 1 Illinois Department of Revenue of the assignor's intent 2 to sell the remediation site and the amount of the tax 3 credit to be transferred as a portion of the sale. In no 4 event may a credit be transferred to any taxpayer if the 5 taxpayer or a related party would not be eligible under 6 the provisions of subsection (i). 7 (iii) For purposes of this Section, the term "site" 8 shall have the same meaning as under Section 58.2 of the 9 Environmental Protection Act. 10 (m) Education expense credit. 11 Beginning with tax years ending after December 31, 1999, 12 a taxpayer who is the custodian of one or more qualifying 13 pupils shall be allowed a credit against the tax imposed by 14 subsections (a) and (b) of this Section for qualified 15 education expenses incurred on behalf of the qualifying 16 pupils. The credit shall be equal to 25% of qualified 17 education expenses, but in no event may the total credit 18 under this Section claimed by a family that is the custodian 19 of qualifying pupils exceed $500. In no event shall a credit 20 under this subsection reduce the taxpayer's liability under 21 this Act to less than zero. This subsection is exempt from 22 the provisions of Section 250 of this Act. 23 For purposes of this subsection; 24 "Qualifying pupils" means individuals who (i) are 25 residents of the State of Illinois, (ii) are under the age of 26 21 at the close of the school year for which a credit is 27 sought, and (iii) during the school year for which a credit 28 is sought were full-time pupils enrolled in a kindergarten 29 through twelfth grade education program at any school, as 30 defined in this subsection. 31 "Qualified education expense" means the amount incurred 32 on behalf of a qualifying pupil in excess of $250 for 33 tuition, book fees, and lab fees at the school in which the 34 pupil is enrolled during the regular school year. HB0708 Engrossed -179- LRB9203186EGfg 1 "School" means any public or nonpublic elementary or 2 secondary school in Illinois that is in compliance with Title 3 VI of the Civil Rights Act of 1964 and attendance at which 4 satisfies the requirements of Section 26-1 of the School 5 Code, except that nothing shall be construed to require a 6 child to attend any particular public or nonpublic school to 7 qualify for the credit under this Section. 8 "Custodian" means, with respect to qualifying pupils, an 9 Illinois resident who is a parent, the parents, a legal 10 guardian, or the legal guardians of the qualifying pupils. 11 (Source: P.A. 90-123, eff. 7-21-97; 90-458, eff. 8-17-97; 12 90-605, eff. 6-30-98; 90-655, eff. 7-30-98; 90-717, eff. 13 8-7-98; 90-792, eff. 1-1-99; 91-9, eff. 1-1-00; 91-357, eff. 14 7-29-99; 91-643, eff. 8-20-99; 91-644, eff. 8-20-99; 91-860, 15 eff. 6-22-00; 91-913, eff. 1-1-01; revised 10-24-00.) 16 (35 ILCS 5/203) (from Ch. 120, par. 2-203) 17 Sec. 203. Base income defined. 18 (a) Individuals. 19 (1) In general. In the case of an individual, base 20 income means an amount equal to the taxpayer's adjusted 21 gross income for the taxable year as modified by 22 paragraph (2). 23 (2) Modifications. The adjusted gross income 24 referred to in paragraph (1) shall be modified by adding 25 thereto the sum of the following amounts: 26 (A) An amount equal to all amounts paid or 27 accrued to the taxpayer as interest or dividends 28 during the taxable year to the extent excluded from 29 gross income in the computation of adjusted gross 30 income, except stock dividends of qualified public 31 utilities described in Section 305(e) of the 32 Internal Revenue Code; 33 (B) An amount equal to the amount of tax HB0708 Engrossed -180- LRB9203186EGfg 1 imposed by this Act to the extent deducted from 2 gross income in the computation of adjusted gross 3 income for the taxable year; 4 (C) An amount equal to the amount received 5 during the taxable year as a recovery or refund of 6 real property taxes paid with respect to the 7 taxpayer's principal residence under the Revenue Act 8 of 1939 and for which a deduction was previously 9 taken under subparagraph (L) of this paragraph (2) 10 prior to July 1, 1991, the retrospective application 11 date of Article 4 of Public Act 87-17. In the case 12 of multi-unit or multi-use structures and farm 13 dwellings, the taxes on the taxpayer's principal 14 residence shall be that portion of the total taxes 15 for the entire property which is attributable to 16 such principal residence; 17 (D) An amount equal to the amount of the 18 capital gain deduction allowable under the Internal 19 Revenue Code, to the extent deducted from gross 20 income in the computation of adjusted gross income; 21 (D-5) An amount, to the extent not included in 22 adjusted gross income, equal to the amount of money 23 withdrawn by the taxpayer in the taxable year from a 24 medical care savings account and the interest earned 25 on the account in the taxable year of a withdrawal 26 pursuant to subsection (b) of Section 20 of the 27 Medical Care Savings Account Act or subsection (b) 28 of Section 20 of the Medical Care Savings Account 29 Act of 2000; and 30 (D-10) For taxable years ending after December 31 31, 1997, an amount equal to any eligible 32 remediation costs that the individual deducted in 33 computing adjusted gross income and for which the 34 individual claims a credit under subsection (l) of HB0708 Engrossed -181- LRB9203186EGfg 1 Section 201; 2 and by deducting from the total so obtained the sum of 3 the following amounts: 4 (E) Any amount included in such total in 5 respect of any compensation (including but not 6 limited to any compensation paid or accrued to a 7 serviceman while a prisoner of war or missing in 8 action) paid to a resident by reason of being on 9 active duty in the Armed Forces of the United States 10 and in respect of any compensation paid or accrued 11 to a resident who as a governmental employee was a 12 prisoner of war or missing in action, and in respect 13 of any compensation paid to a resident in 1971 or 14 thereafter for annual training performed pursuant to 15 Sections 502 and 503, Title 32, United States Code 16 as a member of the Illinois National Guard; 17 (F) An amount equal to all amounts included in 18 such total pursuant to the provisions of Sections 19 402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and 20 408 of the Internal Revenue Code, or included in 21 such total as distributions under the provisions of 22 any retirement or disability plan for employees of 23 any governmental agency or unit, or retirement 24 payments to retired partners, which payments are 25 excluded in computing net earnings from self 26 employment by Section 1402 of the Internal Revenue 27 Code and regulations adopted pursuant thereto; 28 (G) The valuation limitation amount; 29 (H) An amount equal to the amount of any tax 30 imposed by this Act which was refunded to the 31 taxpayer and included in such total for the taxable 32 year; 33 (I) An amount equal to all amounts included in 34 such total pursuant to the provisions of Section 111 HB0708 Engrossed -182- LRB9203186EGfg 1 of the Internal Revenue Code as a recovery of items 2 previously deducted from adjusted gross income in 3 the computation of taxable income; 4 (J) An amount equal to those dividends 5 included in such total which were paid by a 6 corporation which conducts business operations in an 7 Enterprise Zone or zones created under the Illinois 8 Enterprise Zone Act, and conducts substantially all 9 of its operations in an Enterprise Zone or zones; 10 (K) An amount equal to those dividends 11 included in such total that were paid by a 12 corporation that conducts business operations in a 13 federally designated Foreign Trade Zone or Sub-Zone 14 and that is designated a High Impact Business 15 located in Illinois; provided that dividends 16 eligible for the deduction provided in subparagraph 17 (J) of paragraph (2) of this subsection shall not be 18 eligible for the deduction provided under this 19 subparagraph (K); 20 (L) For taxable years ending after December 21 31, 1983, an amount equal to all social security 22 benefits and railroad retirement benefits included 23 in such total pursuant to Sections 72(r) and 86 of 24 the Internal Revenue Code; 25 (M) With the exception of any amounts 26 subtracted under subparagraph (N), an amount equal 27 to the sum of all amounts disallowed as deductions 28 by (i) Sections 171(a) (2), and 265(2) of the 29 Internal Revenue Code of 1954, as now or hereafter 30 amended, and all amounts of expenses allocable to 31 interest and disallowed as deductions by Section 32 265(1) of the Internal Revenue Code of 1954, as now 33 or hereafter amended; and (ii) for taxable years 34 ending on or after August 13, 1999, Sections HB0708 Engrossed -183- LRB9203186EGfg 1 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the 2 Internal Revenue Code; the provisions of this 3 subparagraph are exempt from the provisions of 4 Section 250; 5 (N) An amount equal to all amounts included in 6 such total which are exempt from taxation by this 7 State either by reason of its statutes or 8 Constitution or by reason of the Constitution, 9 treaties or statutes of the United States; provided 10 that, in the case of any statute of this State that 11 exempts income derived from bonds or other 12 obligations from the tax imposed under this Act, the 13 amount exempted shall be the interest net of bond 14 premium amortization; 15 (O) An amount equal to any contribution made 16 to a job training project established pursuant to 17 the Tax Increment Allocation Redevelopment Act; 18 (P) An amount equal to the amount of the 19 deduction used to compute the federal income tax 20 credit for restoration of substantial amounts held 21 under claim of right for the taxable year pursuant 22 to Section 1341 of the Internal Revenue Code of 23 1986; 24 (Q) An amount equal to any amounts included in 25 such total, received by the taxpayer as an 26 acceleration in the payment of life, endowment or 27 annuity benefits in advance of the time they would 28 otherwise be payable as an indemnity for a terminal 29 illness; 30 (R) An amount equal to the amount of any 31 federal or State bonus paid to veterans of the 32 Persian Gulf War; 33 (S) An amount, to the extent included in 34 adjusted gross income, equal to the amount of a HB0708 Engrossed -184- LRB9203186EGfg 1 contribution made in the taxable year on behalf of 2 the taxpayer to a medical care savings account 3 established under the Medical Care Savings Account 4 Act or the Medical Care Savings Account Act of 2000 5 to the extent the contribution is accepted by the 6 account administrator as provided in that Act; 7 (T) An amount, to the extent included in 8 adjusted gross income, equal to the amount of 9 interest earned in the taxable year on a medical 10 care savings account established under the Medical 11 Care Savings Account Act or the Medical Care Savings 12 Account Act of 2000 on behalf of the taxpayer, other 13 than interest added pursuant to item (D-5) of this 14 paragraph (2); 15 (U) For one taxable year beginning on or after 16 January 1, 1994, an amount equal to the total amount 17 of tax imposed and paid under subsections (a) and 18 (b) of Section 201 of this Act on grant amounts 19 received by the taxpayer under the Nursing Home 20 Grant Assistance Act during the taxpayer's taxable 21 years 1992 and 1993; 22 (V) Beginning with tax years ending on or 23 after December 31, 1995 and ending with tax years 24 ending on or before December 31, 2004, an amount 25 equal to the amount paid by a taxpayer who is a 26 self-employed taxpayer, a partner of a partnership, 27 or a shareholder in a Subchapter S corporation for 28 health insurance or long-term care insurance for 29 that taxpayer or that taxpayer's spouse or 30 dependents, to the extent that the amount paid for 31 that health insurance or long-term care insurance 32 may be deducted under Section 213 of the Internal 33 Revenue Code of 1986, has not been deducted on the 34 federal income tax return of the taxpayer, and does HB0708 Engrossed -185- LRB9203186EGfg 1 not exceed the taxable income attributable to that 2 taxpayer's income, self-employment income, or 3 Subchapter S corporation income; except that no 4 deduction shall be allowed under this item (V) if 5 the taxpayer is eligible to participate in any 6 health insurance or long-term care insurance plan of 7 an employer of the taxpayer or the taxpayer's 8 spouse. The amount of the health insurance and 9 long-term care insurance subtracted under this item 10 (V) shall be determined by multiplying total health 11 insurance and long-term care insurance premiums paid 12 by the taxpayer times a number that represents the 13 fractional percentage of eligible medical expenses 14 under Section 213 of the Internal Revenue Code of 15 1986 not actually deducted on the taxpayer's federal 16 income tax return; 17 (W) For taxable years beginning on or after 18 January 1, 1998, all amounts included in the 19 taxpayer's federal gross income in the taxable year 20 from amounts converted from a regular IRA to a Roth 21 IRA. This paragraph is exempt from the provisions of 22 Section 250; and 23 (X) For taxable year 1999 and thereafter, an 24 amount equal to the amount of any (i) distributions, 25 to the extent includible in gross income for federal 26 income tax purposes, made to the taxpayer because of 27 his or her status as a victim of persecution for 28 racial or religious reasons by Nazi Germany or any 29 other Axis regime or as an heir of the victim and 30 (ii) items of income, to the extent includible in 31 gross income for federal income tax purposes, 32 attributable to, derived from or in any way related 33 to assets stolen from, hidden from, or otherwise 34 lost to a victim of persecution for racial or HB0708 Engrossed -186- LRB9203186EGfg 1 religious reasons by Nazi Germany or any other Axis 2 regime immediately prior to, during, and immediately 3 after World War II, including, but not limited to, 4 interest on the proceeds receivable as insurance 5 under policies issued to a victim of persecution for 6 racial or religious reasons by Nazi Germany or any 7 other Axis regime by European insurance companies 8 immediately prior to and during World War II; 9 provided, however, this subtraction from federal 10 adjusted gross income does not apply to assets 11 acquired with such assets or with the proceeds from 12 the sale of such assets; provided, further, this 13 paragraph shall only apply to a taxpayer who was the 14 first recipient of such assets after their recovery 15 and who is a victim of persecution for racial or 16 religious reasons by Nazi Germany or any other Axis 17 regime or as an heir of the victim. The amount of 18 and the eligibility for any public assistance, 19 benefit, or similar entitlement is not affected by 20 the inclusion of items (i) and (ii) of this 21 paragraph in gross income for federal income tax 22 purposes. This paragraph is exempt from the 23 provisions of Section 250. 24 (b) Corporations. 25 (1) In general. In the case of a corporation, base 26 income means an amount equal to the taxpayer's taxable 27 income for the taxable year as modified by paragraph (2). 28 (2) Modifications. The taxable income referred to 29 in paragraph (1) shall be modified by adding thereto the 30 sum of the following amounts: 31 (A) An amount equal to all amounts paid or 32 accrued to the taxpayer as interest and all 33 distributions received from regulated investment 34 companies during the taxable year to the extent HB0708 Engrossed -187- LRB9203186EGfg 1 excluded from gross income in the computation of 2 taxable income; 3 (B) An amount equal to the amount of tax 4 imposed by this Act to the extent deducted from 5 gross income in the computation of taxable income 6 for the taxable year; 7 (C) In the case of a regulated investment 8 company, an amount equal to the excess of (i) the 9 net long-term capital gain for the taxable year, 10 over (ii) the amount of the capital gain dividends 11 designated as such in accordance with Section 12 852(b)(3)(C) of the Internal Revenue Code and any 13 amount designated under Section 852(b)(3)(D) of the 14 Internal Revenue Code, attributable to the taxable 15 year (this amendatory Act of 1995 (Public Act 89-89) 16 is declarative of existing law and is not a new 17 enactment); 18 (D) The amount of any net operating loss 19 deduction taken in arriving at taxable income, other 20 than a net operating loss carried forward from a 21 taxable year ending prior to December 31, 1986; 22 (E) For taxable years in which a net operating 23 loss carryback or carryforward from a taxable year 24 ending prior to December 31, 1986 is an element of 25 taxable income under paragraph (1) of subsection (e) 26 or subparagraph (E) of paragraph (2) of subsection 27 (e), the amount by which addition modifications 28 other than those provided by this subparagraph (E) 29 exceeded subtraction modifications in such earlier 30 taxable year, with the following limitations applied 31 in the order that they are listed: 32 (i) the addition modification relating to 33 the net operating loss carried back or forward 34 to the taxable year from any taxable year HB0708 Engrossed -188- LRB9203186EGfg 1 ending prior to December 31, 1986 shall be 2 reduced by the amount of addition modification 3 under this subparagraph (E) which related to 4 that net operating loss and which was taken 5 into account in calculating the base income of 6 an earlier taxable year, and 7 (ii) the addition modification relating 8 to the net operating loss carried back or 9 forward to the taxable year from any taxable 10 year ending prior to December 31, 1986 shall 11 not exceed the amount of such carryback or 12 carryforward; 13 For taxable years in which there is a net 14 operating loss carryback or carryforward from more 15 than one other taxable year ending prior to December 16 31, 1986, the addition modification provided in this 17 subparagraph (E) shall be the sum of the amounts 18 computed independently under the preceding 19 provisions of this subparagraph (E) for each such 20 taxable year; and 21 (E-5) For taxable years ending after December 22 31, 1997, an amount equal to any eligible 23 remediation costs that the corporation deducted in 24 computing adjusted gross income and for which the 25 corporation claims a credit under subsection (l) of 26 Section 201; 27 and by deducting from the total so obtained the sum of 28 the following amounts: 29 (F) An amount equal to the amount of any tax 30 imposed by this Act which was refunded to the 31 taxpayer and included in such total for the taxable 32 year; 33 (G) An amount equal to any amount included in 34 such total under Section 78 of the Internal Revenue HB0708 Engrossed -189- LRB9203186EGfg 1 Code; 2 (H) In the case of a regulated investment 3 company, an amount equal to the amount of exempt 4 interest dividends as defined in subsection (b) (5) 5 of Section 852 of the Internal Revenue Code, paid to 6 shareholders for the taxable year; 7 (I) With the exception of any amounts 8 subtracted under subparagraph (J), an amount equal 9 to the sum of all amounts disallowed as deductions 10 by (i) Sections 171(a) (2), and 265(a)(2) and 11 amounts disallowed as interest expense by Section 12 291(a)(3) of the Internal Revenue Code, as now or 13 hereafter amended, and all amounts of expenses 14 allocable to interest and disallowed as deductions 15 by Section 265(a)(1) of the Internal Revenue Code, 16 as now or hereafter amended; and (ii) for taxable 17 years ending on or after August 13, 1999, Sections 18 171(a)(2), 265, 280C, 291(a)(3), and 832(b)(5)(B)(i) 19 of the Internal Revenue Code; the provisions of this 20 subparagraph are exempt from the provisions of 21 Section 250; 22 (J) An amount equal to all amounts included in 23 such total which are exempt from taxation by this 24 State either by reason of its statutes or 25 Constitution or by reason of the Constitution, 26 treaties or statutes of the United States; provided 27 that, in the case of any statute of this State that 28 exempts income derived from bonds or other 29 obligations from the tax imposed under this Act, the 30 amount exempted shall be the interest net of bond 31 premium amortization; 32 (K) An amount equal to those dividends 33 included in such total which were paid by a 34 corporation which conducts business operations in an HB0708 Engrossed -190- LRB9203186EGfg 1 Enterprise Zone or zones created under the Illinois 2 Enterprise Zone Act and conducts substantially all 3 of its operations in an Enterprise Zone or zones; 4 (L) An amount equal to those dividends 5 included in such total that were paid by a 6 corporation that conducts business operations in a 7 federally designated Foreign Trade Zone or Sub-Zone 8 and that is designated a High Impact Business 9 located in Illinois; provided that dividends 10 eligible for the deduction provided in subparagraph 11 (K) of paragraph 2 of this subsection shall not be 12 eligible for the deduction provided under this 13 subparagraph (L); 14 (M) For any taxpayer that is a financial 15 organization within the meaning of Section 304(c) of 16 this Act, an amount included in such total as 17 interest income from a loan or loans made by such 18 taxpayer to a borrower, to the extent that such a 19 loan is secured by property which is eligible for 20 the Enterprise Zone Investment Credit. To determine 21 the portion of a loan or loans that is secured by 22 property eligible for a Section 201(f)201(h)23 investment credit to the borrower, the entire 24 principal amount of the loan or loans between the 25 taxpayer and the borrower should be divided into the 26 basis of the Section 201(f)201(h)investment credit 27 property which secures the loan or loans, using for 28 this purpose the original basis of such property on 29 the date that it was placed in service in the 30 Enterprise Zone. The subtraction modification 31 available to taxpayer in any year under this 32 subsection shall be that portion of the total 33 interest paid by the borrower with respect to such 34 loan attributable to the eligible property as HB0708 Engrossed -191- LRB9203186EGfg 1 calculated under the previous sentence; 2 (M-1) For any taxpayer that is a financial 3 organization within the meaning of Section 304(c) of 4 this Act, an amount included in such total as 5 interest income from a loan or loans made by such 6 taxpayer to a borrower, to the extent that such a 7 loan is secured by property which is eligible for 8 the High Impact Business Investment Credit. To 9 determine the portion of a loan or loans that is 10 secured by property eligible for a Section 201(h) 11201(i)investment credit to the borrower, the entire 12 principal amount of the loan or loans between the 13 taxpayer and the borrower should be divided into the 14 basis of the Section 201(h)201(i)investment credit 15 property which secures the loan or loans, using for 16 this purpose the original basis of such property on 17 the date that it was placed in service in a 18 federally designated Foreign Trade Zone or Sub-Zone 19 located in Illinois. No taxpayer that is eligible 20 for the deduction provided in subparagraph (M) of 21 paragraph (2) of this subsection shall be eligible 22 for the deduction provided under this subparagraph 23 (M-1). The subtraction modification available to 24 taxpayers in any year under this subsection shall be 25 that portion of the total interest paid by the 26 borrower with respect to such loan attributable to 27 the eligible property as calculated under the 28 previous sentence; 29 (N) Two times any contribution made during the 30 taxable year to a designated zone organization to 31 the extent that the contribution (i) qualifies as a 32 charitable contribution under subsection (c) of 33 Section 170 of the Internal Revenue Code and (ii) 34 must, by its terms, be used for a project approved HB0708 Engrossed -192- LRB9203186EGfg 1 by the Department of Commerce and Community Affairs 2 under Section 11 of the Illinois Enterprise Zone 3 Act; 4 (O) An amount equal to: (i) 85% for taxable 5 years ending on or before December 31, 1992, or, a 6 percentage equal to the percentage allowable under 7 Section 243(a)(1) of the Internal Revenue Code of 8 1986 for taxable years ending after December 31, 9 1992, of the amount by which dividends included in 10 taxable income and received from a corporation that 11 is not created or organized under the laws of the 12 United States or any state or political subdivision 13 thereof, including, for taxable years ending on or 14 after December 31, 1988, dividends received or 15 deemed received or paid or deemed paid under 16 Sections 951 through 964 of the Internal Revenue 17 Code, exceed the amount of the modification provided 18 under subparagraph (G) of paragraph (2) of this 19 subsection (b) which is related to such dividends; 20 plus (ii) 100% of the amount by which dividends, 21 included in taxable income and received, including, 22 for taxable years ending on or after December 31, 23 1988, dividends received or deemed received or paid 24 or deemed paid under Sections 951 through 964 of the 25 Internal Revenue Code, from any such corporation 26 specified in clause (i) that would but for the 27 provisions of Section 1504 (b) (3) of the Internal 28 Revenue Code be treated as a member of the 29 affiliated group which includes the dividend 30 recipient, exceed the amount of the modification 31 provided under subparagraph (G) of paragraph (2) of 32 this subsection (b) which is related to such 33 dividends; 34 (P) An amount equal to any contribution made HB0708 Engrossed -193- LRB9203186EGfg 1 to a job training project established pursuant to 2 the Tax Increment Allocation Redevelopment Act; 3 (Q) An amount equal to the amount of the 4 deduction used to compute the federal income tax 5 credit for restoration of substantial amounts held 6 under claim of right for the taxable year pursuant 7 to Section 1341 of the Internal Revenue Code of 8 1986; 9 (R) In the case of an attorney-in-fact with 10 respect to whom an interinsurer or a reciprocal 11 insurer has made the election under Section 835 of 12 the Internal Revenue Code, 26 U.S.C. 835, an amount 13 equal to the excess, if any, of the amounts paid or 14 incurred by that interinsurer or reciprocal insurer 15 in the taxable year to the attorney-in-fact over the 16 deduction allowed to that interinsurer or reciprocal 17 insurer with respect to the attorney-in-fact under 18 Section 835(b) of the Internal Revenue Code for the 19 taxable year; and 20 (S) For taxable years ending on or after 21 December 31, 1997, in the case of a Subchapter S 22 corporation, an amount equal to all amounts of 23 income allocable to a shareholder subject to the 24 Personal Property Tax Replacement Income Tax imposed 25 by subsections (c) and (d) of Section 201 of this 26 Act, including amounts allocable to organizations 27 exempt from federal income tax by reason of Section 28 501(a) of the Internal Revenue Code. This 29 subparagraph (S) is exempt from the provisions of 30 Section 250. 31 (3) Special rule. For purposes of paragraph (2) 32 (A), "gross income" in the case of a life insurance 33 company, for tax years ending on and after December 31, 34 1994, shall mean the gross investment income for the HB0708 Engrossed -194- LRB9203186EGfg 1 taxable year. 2 (c) Trusts and estates. 3 (1) In general. In the case of a trust or estate, 4 base income means an amount equal to the taxpayer's 5 taxable income for the taxable year as modified by 6 paragraph (2). 7 (2) Modifications. Subject to the provisions of 8 paragraph (3), the taxable income referred to in 9 paragraph (1) shall be modified by adding thereto the sum 10 of the following amounts: 11 (A) An amount equal to all amounts paid or 12 accrued to the taxpayer as interest or dividends 13 during the taxable year to the extent excluded from 14 gross income in the computation of taxable income; 15 (B) In the case of (i) an estate, $600; (ii) a 16 trust which, under its governing instrument, is 17 required to distribute all of its income currently, 18 $300; and (iii) any other trust, $100, but in each 19 such case, only to the extent such amount was 20 deducted in the computation of taxable income; 21 (C) An amount equal to the amount of tax 22 imposed by this Act to the extent deducted from 23 gross income in the computation of taxable income 24 for the taxable year; 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 HB0708 Engrossed -195- LRB9203186EGfg 1 other than those provided by this subparagraph (E) 2 exceeded subtraction modifications in such taxable 3 year, with the following limitations applied in the 4 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; 28 (F) For taxable years ending on or after 29 January 1, 1989, an amount equal to the tax deducted 30 pursuant to Section 164 of the Internal Revenue Code 31 if the trust or estate is claiming the same tax for 32 purposes of the Illinois foreign tax credit under 33 Section 601 of this Act; 34 (G) An amount equal to the amount of the HB0708 Engrossed -196- LRB9203186EGfg 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; and 4 (G-5) For taxable years ending after December 5 31, 1997, an amount equal to any eligible 6 remediation costs that the trust or estate deducted 7 in computing adjusted gross income and for which the 8 trust or estate claims a credit under subsection (l) 9 of Section 201; 10 and by deducting from the total so obtained the sum of 11 the following amounts: 12 (H) An amount equal to all amounts included in 13 such total pursuant to the provisions of Sections 14 402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 15 408 of the Internal Revenue Code or included in such 16 total as distributions under the provisions of any 17 retirement or disability plan for employees of any 18 governmental agency or unit, or retirement payments 19 to retired partners, which payments are excluded in 20 computing net earnings from self employment by 21 Section 1402 of the Internal Revenue Code and 22 regulations adopted pursuant thereto; 23 (I) The valuation limitation amount; 24 (J) An amount equal to the amount of any tax 25 imposed by this Act which was refunded to the 26 taxpayer and included in such total for the taxable 27 year; 28 (K) An amount equal to all amounts included in 29 taxable income as modified by subparagraphs (A), 30 (B), (C), (D), (E), (F) and (G) which are exempt 31 from taxation by this State either by reason of its 32 statutes or Constitution or by reason of the 33 Constitution, treaties or statutes of the United 34 States; provided that, in the case of any statute of HB0708 Engrossed -197- LRB9203186EGfg 1 this State that exempts income derived from bonds or 2 other obligations from the tax imposed under this 3 Act, the amount exempted shall be the interest net 4 of bond premium amortization; 5 (L) With the exception of any amounts 6 subtracted under subparagraph (K), an amount equal 7 to the sum of all amounts disallowed as deductions 8 by (i) Sections 171(a) (2) and 265(a)(2) of the 9 Internal Revenue Code, as now or hereafter amended, 10 and all amounts of expenses allocable to interest 11 and disallowed as deductions by Section 265(1) of 12 the Internal Revenue Code of 1954, as now or 13 hereafter amended; and (ii) for taxable years ending 14 on or after August 13, 1999, Sections 171(a)(2), 15 265, 280C, and 832(b)(5)(B)(i) of the Internal 16 Revenue Code; the provisions of this subparagraph 17 are exempt from the provisions of Section 250; 18 (M) An amount equal to those dividends 19 included in such total which were paid by a 20 corporation which conducts business operations in an 21 Enterprise Zone or zones created under the Illinois 22 Enterprise Zone Act and conducts substantially all 23 of its operations in an Enterprise Zone or Zones; 24 (N) An amount equal to any contribution made 25 to a job training project established pursuant to 26 the Tax Increment Allocation Redevelopment Act; 27 (O) An amount equal to those dividends 28 included in such total that were paid by a 29 corporation that conducts business operations in a 30 federally designated Foreign Trade Zone or Sub-Zone 31 and that is designated a High Impact Business 32 located in Illinois; provided that dividends 33 eligible for the deduction provided in subparagraph 34 (M) of paragraph (2) of this subsection shall not be HB0708 Engrossed -198- LRB9203186EGfg 1 eligible for the deduction provided under this 2 subparagraph (O); 3 (P) An amount equal to the amount of the 4 deduction used to compute the federal income tax 5 credit for restoration of substantial amounts held 6 under claim of right for the taxable year pursuant 7 to Section 1341 of the Internal Revenue Code of 8 1986; and 9 (Q) For taxable year 1999 and thereafter, an 10 amount equal to the amount of any (i) distributions, 11 to the extent includible in gross income for federal 12 income tax purposes, made to the taxpayer because of 13 his or her status as a victim of persecution for 14 racial or religious reasons by Nazi Germany or any 15 other Axis regime or as an heir of the victim and 16 (ii) items of income, to the extent includible in 17 gross income for federal income tax purposes, 18 attributable to, derived from or in any way related 19 to assets stolen from, hidden from, or otherwise 20 lost to a victim of persecution for racial or 21 religious reasons by Nazi Germany or any other Axis 22 regime immediately prior to, during, and immediately 23 after World War II, including, but not limited to, 24 interest on the proceeds receivable as insurance 25 under policies issued to a victim of persecution for 26 racial or religious reasons by Nazi Germany or any 27 other Axis regime by European insurance companies 28 immediately prior to and during World War II; 29 provided, however, this subtraction from federal 30 adjusted gross income does not apply to assets 31 acquired with such assets or with the proceeds from 32 the sale of such assets; provided, further, this 33 paragraph shall only apply to a taxpayer who was the 34 first recipient of such assets after their recovery HB0708 Engrossed -199- LRB9203186EGfg 1 and who is a victim of persecution for racial or 2 religious reasons by Nazi Germany or any other Axis 3 regime or as an heir of the victim. The amount of 4 and the eligibility for any public assistance, 5 benefit, or similar entitlement is not affected by 6 the inclusion of items (i) and (ii) of this 7 paragraph in gross income for federal income tax 8 purposes. This paragraph is exempt from the 9 provisions of Section 250. 10 (3) Limitation. The amount of any modification 11 otherwise required under this subsection shall, under 12 regulations prescribed by the Department, be adjusted by 13 any amounts included therein which were properly paid, 14 credited, or required to be distributed, or permanently 15 set aside for charitable purposes pursuant to Internal 16 Revenue Code Section 642(c) during the taxable year. 17 (d) Partnerships. 18 (1) In general. In the case of a partnership, base 19 income means an amount equal to the taxpayer's taxable 20 income for the taxable year as modified by paragraph (2). 21 (2) Modifications. The taxable income referred to 22 in paragraph (1) shall be modified by adding thereto the 23 sum of the following amounts: 24 (A) An amount equal to all amounts paid or 25 accrued to the taxpayer as interest or dividends 26 during the taxable year to the extent excluded from 27 gross income in the computation of taxable income; 28 (B) An amount equal to the amount of tax 29 imposed by this Act to the extent deducted from 30 gross income for the taxable year; 31 (C) The amount of deductions allowed to the 32 partnership pursuant to Section 707 (c) of the 33 Internal Revenue Code in calculating its taxable 34 income; and HB0708 Engrossed -200- LRB9203186EGfg 1 (D) An amount equal to the amount of the 2 capital gain deduction allowable under the Internal 3 Revenue Code, to the extent deducted from gross 4 income in the computation of taxable income; 5 and by deducting from the total so obtained the following 6 amounts: 7 (E) The valuation limitation amount; 8 (F) An amount equal to the amount of any tax 9 imposed by this Act which was refunded to the 10 taxpayer and included in such total for the taxable 11 year; 12 (G) An amount equal to all amounts included in 13 taxable income as modified by subparagraphs (A), 14 (B), (C) and (D) which are exempt from taxation by 15 this State either by reason of its statutes or 16 Constitution or by reason of the Constitution, 17 treaties or statutes of the United States; provided 18 that, in the case of any statute of this State that 19 exempts income derived from bonds or other 20 obligations from the tax imposed under this Act, the 21 amount exempted shall be the interest net of bond 22 premium amortization; 23 (H) Any income of the partnership which 24 constitutes personal service income as defined in 25 Section 1348 (b) (1) of the Internal Revenue Code 26 (as in effect December 31, 1981) or a reasonable 27 allowance for compensation paid or accrued for 28 services rendered by partners to the partnership, 29 whichever is greater; 30 (I) An amount equal to all amounts of income 31 distributable to an entity subject to the Personal 32 Property Tax Replacement Income Tax imposed by 33 subsections (c) and (d) of Section 201 of this Act 34 including amounts distributable to organizations HB0708 Engrossed -201- LRB9203186EGfg 1 exempt from federal income tax by reason of Section 2 501(a) of the Internal Revenue Code; 3 (J) With the exception of any amounts 4 subtracted under subparagraph (G), an amount equal 5 to the sum of all amounts disallowed as deductions 6 by (i) Sections 171(a) (2), and 265(2) of the 7 Internal Revenue Code of 1954, as now or hereafter 8 amended, and all amounts of expenses allocable to 9 interest and disallowed as deductions by Section 10 265(1) of the Internal Revenue Code, as now or 11 hereafter amended; and (ii) for taxable years ending 12 on or after August 13, 1999, Sections 171(a)(2), 13 265, 280C, and 832(b)(5)(B)(i) of the Internal 14 Revenue Code; the provisions of this subparagraph 15 are exempt from the provisions of Section 250; 16 (K) An amount equal to those dividends 17 included in such total which were paid by a 18 corporation which conducts business operations in an 19 Enterprise Zone or zones created under the Illinois 20 Enterprise Zone Act, enacted by the 82nd General 21 Assembly, and which does not conduct such operations 22 other than in an Enterprise Zone or Zones; 23 (L) An amount equal to any contribution made 24 to a job training project established pursuant to 25 the Real Property Tax Increment Allocation 26 Redevelopment Act; 27 (M) An amount equal to those dividends 28 included in such total that were paid by a 29 corporation that conducts business operations in a 30 federally designated Foreign Trade Zone or Sub-Zone 31 and that is designated a High Impact Business 32 located in Illinois; provided that dividends 33 eligible for the deduction provided in subparagraph 34 (K) of paragraph (2) of this subsection shall not be HB0708 Engrossed -202- LRB9203186EGfg 1 eligible for the deduction provided under this 2 subparagraph (M); and 3 (N) An amount equal to the amount of the 4 deduction used to compute the federal income tax 5 credit for restoration of substantial amounts held 6 under claim of right for the taxable year pursuant 7 to Section 1341 of the Internal Revenue Code of 8 1986. 9 (e) Gross income; adjusted gross income; taxable income. 10 (1) In general. Subject to the provisions of 11 paragraph (2) and subsection (b) (3), for purposes of 12 this Section and Section 803(e), a taxpayer's gross 13 income, adjusted gross income, or taxable income for the 14 taxable year shall mean the amount of gross income, 15 adjusted gross income or taxable income properly 16 reportable for federal income tax purposes for the 17 taxable year under the provisions of the Internal Revenue 18 Code. Taxable income may be less than zero. However, for 19 taxable years ending on or after December 31, 1986, net 20 operating loss carryforwards from taxable years ending 21 prior to December 31, 1986, may not exceed the sum of 22 federal taxable income for the taxable year before net 23 operating loss deduction, plus the excess of addition 24 modifications over subtraction modifications for the 25 taxable year. For taxable years ending prior to December 26 31, 1986, taxable income may never be an amount in excess 27 of the net operating loss for the taxable year as defined 28 in subsections (c) and (d) of Section 172 of the Internal 29 Revenue Code, provided that when taxable income of a 30 corporation (other than a Subchapter S corporation), 31 trust, or estate is less than zero and addition 32 modifications, other than those provided by subparagraph 33 (E) of paragraph (2) of subsection (b) for corporations 34 or subparagraph (E) of paragraph (2) of subsection (c) HB0708 Engrossed -203- LRB9203186EGfg 1 for trusts and estates, exceed subtraction modifications, 2 an addition modification must be made under those 3 subparagraphs for any other taxable year to which the 4 taxable income less than zero (net operating loss) is 5 applied under Section 172 of the Internal Revenue Code or 6 under subparagraph (E) of paragraph (2) of this 7 subsection (e) applied in conjunction with Section 172 of 8 the Internal Revenue Code. 9 (2) Special rule. For purposes of paragraph (1) of 10 this subsection, the taxable income properly reportable 11 for federal income tax purposes shall mean: 12 (A) Certain life insurance companies. In the 13 case of a life insurance company subject to the tax 14 imposed by Section 801 of the Internal Revenue Code, 15 life insurance company taxable income, plus the 16 amount of distribution from pre-1984 policyholder 17 surplus accounts as calculated under Section 815a of 18 the Internal Revenue Code; 19 (B) Certain other insurance companies. In the 20 case of mutual insurance companies subject to the 21 tax imposed by Section 831 of the Internal Revenue 22 Code, insurance company taxable income; 23 (C) Regulated investment companies. In the 24 case of a regulated investment company subject to 25 the tax imposed by Section 852 of the Internal 26 Revenue Code, investment company taxable income; 27 (D) Real estate investment trusts. In the 28 case of a real estate investment trust subject to 29 the tax imposed by Section 857 of the Internal 30 Revenue Code, real estate investment trust taxable 31 income; 32 (E) Consolidated corporations. In the case of 33 a corporation which is a member of an affiliated 34 group of corporations filing a consolidated income HB0708 Engrossed -204- LRB9203186EGfg 1 tax return for the taxable year for federal income 2 tax purposes, taxable income determined as if such 3 corporation had filed a separate return for federal 4 income tax purposes for the taxable year and each 5 preceding taxable year for which it was a member of 6 an affiliated group. For purposes of this 7 subparagraph, the taxpayer's separate taxable income 8 shall be determined as if the election provided by 9 Section 243(b) (2) of the Internal Revenue Code had 10 been in effect for all such years; 11 (F) Cooperatives. In the case of a 12 cooperative corporation or association, the taxable 13 income of such organization determined in accordance 14 with the provisions of Section 1381 through 1388 of 15 the Internal Revenue Code; 16 (G) Subchapter S corporations. In the case 17 of: (i) a Subchapter S corporation for which there 18 is in effect an election for the taxable year under 19 Section 1362 of the Internal Revenue Code, the 20 taxable income of such corporation determined in 21 accordance with Section 1363(b) of the Internal 22 Revenue Code, except that taxable income shall take 23 into account those items which are required by 24 Section 1363(b)(1) of the Internal Revenue Code to 25 be separately stated; and (ii) a Subchapter S 26 corporation for which there is in effect a federal 27 election to opt out of the provisions of the 28 Subchapter S Revision Act of 1982 and have applied 29 instead the prior federal Subchapter S rules as in 30 effect on July 1, 1982, the taxable income of such 31 corporation determined in accordance with the 32 federal Subchapter S rules as in effect on July 1, 33 1982; and 34 (H) Partnerships. In the case of a HB0708 Engrossed -205- LRB9203186EGfg 1 partnership, taxable income determined in accordance 2 with Section 703 of the Internal Revenue Code, 3 except that taxable income shall take into account 4 those items which are required by Section 703(a)(1) 5 to be separately stated but which would be taken 6 into account by an individual in calculating his 7 taxable income. 8 (f) Valuation limitation amount. 9 (1) In general. The valuation limitation amount 10 referred to in subsections (a) (2) (G), (c) (2) (I) and 11 (d)(2) (E) is an amount equal to: 12 (A) The sum of the pre-August 1, 1969 13 appreciation amounts (to the extent consisting of 14 gain reportable under the provisions of Section 1245 15 or 1250 of the Internal Revenue Code) for all 16 property in respect of which such gain was reported 17 for the taxable year; plus 18 (B) The lesser of (i) the sum of the 19 pre-August 1, 1969 appreciation amounts (to the 20 extent consisting of capital gain) for all property 21 in respect of which such gain was reported for 22 federal income tax purposes for the taxable year, or 23 (ii) the net capital gain for the taxable year, 24 reduced in either case by any amount of such gain 25 included in the amount determined under subsection 26 (a) (2) (F) or (c) (2) (H). 27 (2) Pre-August 1, 1969 appreciation amount. 28 (A) If the fair market value of property 29 referred to in paragraph (1) was readily 30 ascertainable on August 1, 1969, the pre-August 1, 31 1969 appreciation amount for such property is the 32 lesser of (i) the excess of such fair market value 33 over the taxpayer's basis (for determining gain) for 34 such property on that date (determined under the HB0708 Engrossed -206- LRB9203186EGfg 1 Internal Revenue Code as in effect on that date), or 2 (ii) the total gain realized and reportable for 3 federal income tax purposes in respect of the sale, 4 exchange or other disposition of such property. 5 (B) If the fair market value of property 6 referred to in paragraph (1) was not readily 7 ascertainable on August 1, 1969, the pre-August 1, 8 1969 appreciation amount for such property is that 9 amount which bears the same ratio to the total gain 10 reported in respect of the property for federal 11 income tax purposes for the taxable year, as the 12 number of full calendar months in that part of the 13 taxpayer's holding period for the property ending 14 July 31, 1969 bears to the number of full calendar 15 months in the taxpayer's entire holding period for 16 the property. 17 (C) The Department shall prescribe such 18 regulations as may be necessary to carry out the 19 purposes of this paragraph. 20 (g) Double deductions. Unless specifically provided 21 otherwise, nothing in this Section shall permit the same item 22 to be deducted more than once. 23 (h) Legislative intention. Except as expressly provided 24 by this Section there shall be no modifications or 25 limitations on the amounts of income, gain, loss or deduction 26 taken into account in determining gross income, adjusted 27 gross income or taxable income for federal income tax 28 purposes for the taxable year, or in the amount of such items 29 entering into the computation of base income and net income 30 under this Act for such taxable year, whether in respect of 31 property values as of August 1, 1969 or otherwise. 32 (Source: P.A. 90-491, eff. 1-1-98; 90-717, eff. 8-7-98; 33 90-770, eff. 8-14-98; 91-192, eff. 7-20-99; 91-205, eff. HB0708 Engrossed -207- LRB9203186EGfg 1 7-20-99; 91-357, eff. 7-29-99; 91-541, eff. 8-13-99; 91-676, 2 eff. 12-23-99; 91-845, eff. 6-22-00; 91-913, eff. 1-1-01; 3 revised 1-15-01.) 4 (35 ILCS 5/703) (from Ch. 120, par. 7-703) 5 Sec. 703. Information statement. Every employer required 6 to deduct and withhold tax under this Act from compensation 7 of an employee, or who would have been required so to deduct 8 and withhold tax if the employee's withholding exemption were 9 not in excess of the basic amount in Section 204(b), shall 10 furnish in duplicate to each such employee in respect of the 11 compensation paid by such employer to such employee during 12 the calendar year on or before January 31 of the succeeding 13 year, or, if his employment is terminated before the close of 14 such calendar year, on the date on which the last payment of 15 compensation is made, a written statement in such form as the 16 Department may by regulation prescribe showing the amount of 17 compensation paid by the employer to the employee, the amount 18 deducted and withheld as tax, the tax-exempt amount 19 contributed to a medical savings account, and such other 20 information as the Department shall prescribe. A copy of such 21 statement shall be filed by the employee with his return for 22 his taxable year to which it relates (as determined under 23 Section 601(b)(1)). 24 (Source: P.A. 90-613, eff. 7-9-98; 91-841, eff. 6-22-00; 25 revised 9-1-00.) 26 (35 ILCS 5/901) (from Ch. 120, par. 9-901) 27 Sec. 901. Collection Authority. 28 (a) In general. 29 The Department shall collect the taxes imposed by this 30 Act. The Department shall collect certified past due child 31 support amounts under Section 2505-650 of the Department of 32 Revenue Law (20 ILCS 2505/2505-650). Except as provided in HB0708 Engrossed -208- LRB9203186EGfg 1 subsections (c) and (e) of this Section, money collected 2 pursuant to subsections (a) and (b) of Section 201 of this 3 Act shall be paid into the General Revenue Fund in the State 4 treasury; money collected pursuant to subsections (c) and (d) 5 of Section 201 of this Act shall be paid into the Personal 6 Property Tax Replacement Fund, a special fund in the State 7 Treasury; and money collected under Section 2505-650 of the 8 Department of Revenue Law (20 ILCS 2505/2505-650) shall be 9 paid into the Child Support Enforcement Trust Fund, a special 10 fund outside the State Treasury, or to the State Disbursement 11 Unit established under Section 10-26 of the Illinois Public 12 Aid Code, as directed by the Department of Public Aid. 13 (b) Local Governmental Distributive Fund. 14 Beginning August 1, 1969, and continuing through June 30, 15 1994, the Treasurer shall transfer each month from the 16 General Revenue Fund to a special fund in the State treasury, 17 to be known as the "Local Government Distributive Fund", an 18 amount equal to 1/12 of the net revenue realized from the tax 19 imposed by subsections (a) and (b) of Section 201 of this Act 20 during the preceding month. Beginning July 1, 1994, and 21 continuing through June 30, 1995, the Treasurer shall 22 transfer each month from the General Revenue Fund to the 23 Local Government Distributive Fund an amount equal to 1/11 of 24 the net revenue realized from the tax imposed by subsections 25 (a) and (b) of Section 201 of this Act during the preceding 26 month. Beginning July 1, 1995, the Treasurer shall transfer 27 each month from the General Revenue Fund to the Local 28 Government Distributive Fund an amount equal to 1/10 of the 29 net revenue realized from the tax imposed by subsections (a) 30 and (b) of Section 201 of the Illinois Income Tax Act during 31 the preceding month. Net revenue realized for a month shall 32 be defined as the revenue from the tax imposed by subsections 33 (a) and (b) of Section 201 of this Act which is deposited in 34 the General Revenue Fund, the Educational Assistance Fund and HB0708 Engrossed -209- LRB9203186EGfg 1 the Income Tax Surcharge Local Government Distributive Fund 2 during the month minus the amount paid out of the General 3 Revenue Fund in State warrants during that same month as 4 refunds to taxpayers for overpayment of liability under the 5 tax imposed by subsections (a) and (b) of Section 201 of this 6 Act. 7 (c) Deposits Into Income Tax Refund Fund. 8 (1) Beginning on January 1, 1989 and thereafter, 9 the Department shall deposit a percentage of the amounts 10 collected pursuant to subsections (a) and (b)(1), (2), 11 and (3), of Section 201 of this Act into a fund in the 12 State treasury known as the Income Tax Refund Fund. The 13 Department shall deposit 6% of such amounts during the 14 period beginning January 1, 1989 and ending on June 30, 15 1989. Beginning with State fiscal year 1990 and for each 16 fiscal year thereafter, the percentage deposited into the 17 Income Tax Refund Fund during a fiscal year shall be the 18 Annual Percentage. For fiscal years 1999 through 2001, 19 the Annual Percentage shall be 7.1%. For all other 20 fiscal years, the Annual Percentage shall be calculated 21 as a fraction, the numerator of which shall be the amount 22 of refunds approved for payment by the Department during 23 the preceding fiscal year as a result of overpayment of 24 tax liability under subsections (a) and (b)(1), (2), and 25 (3) of Section 201 of this Act plus the amount of such 26 refunds remaining approved but unpaid at the end of the 27 preceding fiscal year, the denominator of which shall be 28 the amounts which will be collected pursuant to 29 subsections (a) and (b)(1), (2), and (3) of Section 201 30 of this Act during the preceding fiscal year. The 31 Director of Revenue shall certify the Annual Percentage 32 to the Comptroller on the last business day of the fiscal 33 year immediately preceding the fiscal year for which it 34 is to be effective. HB0708 Engrossed -210- LRB9203186EGfg 1 (2) Beginning on January 1, 1989 and thereafter, 2 the Department shall deposit a percentage of the amounts 3 collected pursuant to subsections (a) and (b)(6), (7), 4 and (8), (c) and (d) of Section 201 of this Act into a 5 fund in the State treasury known as the Income Tax Refund 6 Fund. The Department shall deposit 18% of such amounts 7 during the period beginning January 1, 1989 and ending on 8 June 30, 1989. Beginning with State fiscal year 1990 and 9 for each fiscal year thereafter, the percentage deposited 10 into the Income Tax Refund Fund during a fiscal year 11 shall be the Annual Percentage. For fiscal years 1999, 12 2000, and 2001, the Annual Percentage shall be 19%. For 13 all other fiscal years, the Annual Percentage shall be 14 calculated as a fraction, the numerator of which shall be 15 the amount of refunds approved for payment by the 16 Department during the preceding fiscal year as a result 17 of overpayment of tax liability under subsections (a) and 18 (b)(6), (7), and (8), (c) and (d) of Section 201 of this 19 Act plus the amount of such refunds remaining approved 20 but unpaid at the end of the preceding fiscal year, the 21 denominator of which shall be the amounts which will be 22 collected pursuant to subsections (a) and (b)(6), (7), 23 and (8), (c) and (d) of Section 201 of this Act during 24 the preceding fiscal year. The Director of Revenue shall 25 certify the Annual Percentage to the Comptroller on the 26 last business day of the fiscal year immediately 27 preceding the fiscal year for which it is to be 28 effective. 29 (3) The Comptroller shall order transferred and the 30 Treasurer shall transfer from the Tobacco Settlement 31 Recovery Fund to the Income Tax Refund Fund (i) 32 $35,000,000 in January, 2001, (ii) $35,000,000 in 33 January, 2002, and (iii) $35,000,000 in January, 2003. 34 (d) Expenditures from Income Tax Refund Fund. HB0708 Engrossed -211- LRB9203186EGfg 1 (1) Beginning January 1, 1989, money in the Income 2 Tax Refund Fund shall be expended exclusively for the 3 purpose of paying refunds resulting from overpayment of 4 tax liability under Section 201 of this Act, for paying 5 rebates under Section 208.1 in the event that the amounts 6 in the Homeowners' Tax Relief Fund are insufficient for 7 that purpose, and for making transfers pursuant to this 8 subsection (d). 9 (2) The Director shall order payment of refunds 10 resulting from overpayment of tax liability under Section 11 201 of this Act from the Income Tax Refund Fund only to 12 the extent that amounts collected pursuant to Section 201 13 of this Act and transfers pursuant to this subsection (d) 14 and item (3) of subsection (c) have been deposited and 15 retained in the Fund. 16 (3) As soon as possible after the end of each 17 fiscal year, the Director shall order transferred and the 18 State Treasurer and State Comptroller shall transfer from 19 the Income Tax Refund Fund to the Personal Property Tax 20 Replacement Fund an amount, certified by the Director to 21 the Comptroller, equal to the excess of the amount 22 collected pursuant to subsections (c) and (d) of Section 23 201 of this Act deposited into the Income Tax Refund Fund 24 during the fiscal year over the amount of refunds 25 resulting from overpayment of tax liability under 26 subsections (c) and (d) of Section 201 of this Act paid 27 from the Income Tax Refund Fund during the fiscal year. 28 (4) As soon as possible after the end of each 29 fiscal year, the Director shall order transferred and the 30 State Treasurer and State Comptroller shall transfer from 31 the Personal Property Tax Replacement Fund to the Income 32 Tax Refund Fund an amount, certified by the Director to 33 the Comptroller, equal to the excess of the amount of 34 refunds resulting from overpayment of tax liability under HB0708 Engrossed -212- LRB9203186EGfg 1 subsections (c) and (d) of Section 201 of this Act paid 2 from the Income Tax Refund Fund during the fiscal year 3 over the amount collected pursuant to subsections (c) and 4 (d) of Section 201 of this Act deposited into the Income 5 Tax Refund Fund during the fiscal year. 6 (4.5) As soon as possible after the end of fiscal 7 year 1999 and of each fiscal year thereafter, the 8 Director shall order transferred and the State Treasurer 9 and State Comptroller shall transfer from the Income Tax 10 Refund Fund to the General Revenue Fund any surplus 11 remaining in the Income Tax Refund Fund as of the end of 12 such fiscal year; excluding for fiscal years 2000, 2001, 13 and 2002 amounts attributable to transfers under item (3) 14 of subsection (c) less refunds resulting from the earned 15 income tax credit. 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 HB0708 Engrossed -213- LRB9203186EGfg 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; 91-700, eff. 13 5-11-00; 91-704, eff. 7-1-00; 91-712, eff. 7-1-00; revised 14 6-28-00.) 15 Section 33. The Use Tax Act is amended by changing 16 Sections 3-55 and 9 as follows: 17 (35 ILCS 105/3-55) (from Ch. 120, par. 439.3-55) 18 Sec. 3-55. Multistate exemption. The tax imposed by 19 this Act does not apply to the use of tangible personal 20 property in this State under the following circumstances: 21 (a) The use, in this State, of tangible personal 22 property acquired outside this State by a nonresident 23 individual and brought into this State by the individual for 24 his or her own use while temporarily within this State or 25 while passing through this State. 26 (b) The use, in this State, of tangible personal 27 property by an interstate carrier for hire as rolling stock 28 moving in interstate commerce or by lessors under a lease of 29 one year or longer executed or in effect at the time of 30 purchase of tangible personal property by interstate carriers 31 for-hire for use as rolling stock moving in interstate 32 commerce as long as so used by the interstate carriers HB0708 Engrossed -214- LRB9203186EGfg 1 for-hire, and equipment operated by a telecommunications 2 provider, licensed as a common carrier by the Federal 3 Communications Commission, which is permanently installed in 4 or affixed to aircraft moving in interstate commerce. 5 (c) The use, in this State, by owners, lessors, or 6 shippers of tangible personal property that is utilized by 7 interstate carriers for hire for use as rolling stock moving 8 in interstate commerce as long as so used by the interstate 9 carriers for hire, and equipment operated by a 10 telecommunications provider, licensed as a common carrier by 11 the Federal Communications Commission, which is permanently 12 installed in or affixed to aircraft moving in interstate 13 commerce. 14 (d) The use, in this State, of tangible personal 15 property that is acquired outside this State and caused to be 16 brought into this State by a person who has already paid a 17 tax in another State in respect to the sale, purchase, or use 18 of that property, to the extent of the amount of the tax 19 properly due and paid in the other State. 20 (e) The temporary storage, in this State, of tangible 21 personal property that is acquired outside this State and 22 that, after being brought into this State and stored here 23 temporarily, is used solely outside this State or is 24 physically attached to or incorporated into other tangible 25 personal property that is used solely outside this State, or 26 is altered by converting, fabricating, manufacturing, 27 printing, processing, or shaping, and, as altered, is used 28 solely outside this State. 29 (f) The temporary storage in this State of building 30 materials and fixtures that are acquired either in this State 31 or outside this State by an Illinois registered combination 32 retailer and construction contractor, and that the purchaser 33 thereafter uses outside this State by incorporating that 34 property into real estate located outside this State. HB0708 Engrossed -215- LRB9203186EGfg 1 (g) The use or purchase of tangible personal property by 2 a common carrier by rail or motor that receives the physical 3 possession of the property in Illinois, and that transports 4 the property, or shares with another common carrier in the 5 transportation of the property, out of Illinois on a standard 6 uniform bill of lading showing the seller of the property as 7 the shipper or consignor of the property to a destination 8 outside Illinois, for use outside Illinois. 9 (h) The use, in this State, of a motor vehicle that was 10 sold in this State to a nonresident, even though the motor 11 vehicle is delivered to the nonresident in this State, if the 12 motor vehicle is not to be titled in this State, and if a 13 driveaway decal permit is issued to the motor vehicle as 14 provided in Section 3-603 of the Illinois Vehicle Code or if 15 the nonresident purchaser has vehicle registration plates to 16 transfer to the motor vehicle upon returning to his or her 17 home state. The issuance of the driveaway decal permit or 18 having the out-of-state registration plates to be transferred 19 shall be prima facie evidence that the motor vehicle will not 20 be titled in this State. 21 (i) Beginning July 1, 1999, the use, in this State, of 22 fuel acquired outside this State and brought into this State 23 in the fuel supply tanks of locomotives engaged in freight 24 hauling and passenger service for interstate commerce. This 25 subsection is exempt from the provisions of Section 3-90. 26 (Source: P.A. 90-519, eff. 6-1-98; 90-552, eff. 12-12-97; 27 91-51, eff. 6-30-99; 91-313, eff. 7-29-99; 91-587, eff. 28 8-14-99; revised 9-29-99.) 29 (35 ILCS 105/9) (from Ch. 120, par. 439.9) 30 Sec. 9. Except as to motor vehicles, watercraft, 31 aircraft, and trailers that are required to be registered 32 with an agency of this State, each retailer required or 33 authorized to collect the tax imposed by this Act shall pay HB0708 Engrossed -216- LRB9203186EGfg 1 to the Department the amount of such tax (except as otherwise 2 provided) at the time when he is required to file his return 3 for the period during which such tax was collected, less a 4 discount of 2.1% prior to January 1, 1990, and 1.75% on and 5 after January 1, 1990, or $5 per calendar year, whichever is 6 greater, which is allowed to reimburse the retailer for 7 expenses incurred in collecting the tax, keeping records, 8 preparing and filing returns, remitting the tax and supplying 9 data to the Department on request. In the case of retailers 10 who report and pay the tax on a transaction by transaction 11 basis, as provided in this Section, such discount shall be 12 taken with each such tax remittance instead of when such 13 retailer files his periodic return. A retailer need not 14 remit that part of any tax collected by him to the extent 15 that he is required to remit and does remit the tax imposed 16 by the Retailers' Occupation Tax Act, with respect to the 17 sale of the same property. 18 Where such tangible personal property is sold under a 19 conditional sales contract, or under any other form of sale 20 wherein the payment of the principal sum, or a part thereof, 21 is extended beyond the close of the period for which the 22 return is filed, the retailer, in collecting the tax (except 23 as to motor vehicles, watercraft, aircraft, and trailers that 24 are required to be registered with an agency of this State), 25 may collect for each tax return period, only the tax 26 applicable to that part of the selling price actually 27 received during such tax return period. 28 Except as provided in this Section, on or before the 29 twentieth day of each calendar month, such retailer shall 30 file a return for the preceding calendar month. Such return 31 shall be filed on forms prescribed by the Department and 32 shall furnish such information as the Department may 33 reasonably require. 34 The Department may require returns to be filed on a HB0708 Engrossed -217- LRB9203186EGfg 1 quarterly basis. If so required, a return for each calendar 2 quarter shall be filed on or before the twentieth day of the 3 calendar month following the end of such calendar quarter. 4 The taxpayer shall also file a return with the Department for 5 each of the first two months of each calendar quarter, on or 6 before the twentieth day of the following calendar month, 7 stating: 8 1. The name of the seller; 9 2. The address of the principal place of business 10 from which he engages in the business of selling tangible 11 personal property at retail in this State; 12 3. The total amount of taxable receipts received by 13 him during the preceding calendar month from sales of 14 tangible personal property by him during such preceding 15 calendar month, including receipts from charge and time 16 sales, but less all deductions allowed by law; 17 4. The amount of credit provided in Section 2d of 18 this Act; 19 5. The amount of tax due; 20 5-5. The signature of the taxpayer; and 21 6. Such other reasonable information as the 22 Department may require. 23 If a taxpayer fails to sign a return within 30 days after 24 the proper notice and demand for signature by the Department, 25 the return shall be considered valid and any amount shown to 26 be due on the return shall be deemed assessed. 27 Beginning October 1, 1993, a taxpayer who has an average 28 monthly tax liability of $150,000 or more shall make all 29 payments required by rules of the Department by electronic 30 funds transfer. Beginning October 1, 1994, a taxpayer who has 31 an average monthly tax liability of $100,000 or more shall 32 make all payments required by rules of the Department by 33 electronic funds transfer. Beginning October 1, 1995, a 34 taxpayer who has an average monthly tax liability of $50,000 HB0708 Engrossed -218- LRB9203186EGfg 1 or more shall make all payments required by rules of the 2 Department by electronic funds transfer. Beginning October 1, 3 2000, a taxpayer who has an annual tax liability of $200,000 4 or more shall make all payments required by rules of the 5 Department by electronic funds transfer. The term "annual 6 tax liability" shall be the sum of the taxpayer's liabilities 7 under this Act, and under all other State and local 8 occupation and use tax laws administered by the Department, 9 for the immediately preceding calendar year. The term 10 "average monthly tax liability" means the sum of the 11 taxpayer's liabilities under this Act, and under all other 12 State and local occupation and use tax laws administered by 13 the Department, for the immediately preceding calendar year 14 divided by 12. 15 Before August 1 of each year beginning in 1993, the 16 Department shall notify all taxpayers required to make 17 payments by electronic funds transfer. All taxpayers required 18 to make payments by electronic funds transfer shall make 19 those payments for a minimum of one year beginning on October 20 1. 21 Any taxpayer not required to make payments by electronic 22 funds transfer may make payments by electronic funds transfer 23 with the permission of the Department. 24 All taxpayers required to make payment by electronic 25 funds transfer and any taxpayers authorized to voluntarily 26 make payments by electronic funds transfer shall make those 27 payments in the manner authorized by the Department. 28 The Department shall adopt such rules as are necessary to 29 effectuate a program of electronic funds transfer and the 30 requirements of this Section. 31 Before October 1, 2000, if the taxpayer's average monthly 32 tax liability to the Department under this Act, the 33 Retailers' Occupation Tax Act, the Service Occupation Tax 34 Act, the Service Use Tax Act was $10,000 or more during the HB0708 Engrossed -219- LRB9203186EGfg 1 preceding 4 complete calendar quarters, he shall file a 2 return with the Department each month by the 20th day of the 3 month next following the month during which such tax 4 liability is incurred and shall make payments to the 5 Department on or before the 7th, 15th, 22nd and last day of 6 the month during which such liability is incurred. On and 7 after October 1, 2000, if the taxpayer's average monthly tax 8 liability to the Department under this Act, the Retailers' 9 Occupation Tax Act, the Service Occupation Tax Act, and the 10 Service Use Tax Act was $20,000 or more during the preceding 11 4 complete calendar quarters, he shall file a return with the 12 Department each month by the 20th day of the month next 13 following the month during which such tax liability is 14 incurred and shall make payment to the Department on or 15 before the 7th, 15th, 22nd and last day of the month during 16 which such liability is incurred. If the month during which 17 such tax liability is incurred began prior to January 1, 18 1985, each payment shall be in an amount equal to 1/4 of the 19 taxpayer's actual liability for the month or an amount set by 20 the Department not to exceed 1/4 of the average monthly 21 liability of the taxpayer to the Department for the preceding 22 4 complete calendar quarters (excluding the month of highest 23 liability and the month of lowest liability in such 4 quarter 24 period). If the month during which such tax liability is 25 incurred begins on or after January 1, 1985, and prior to 26 January 1, 1987, each payment shall be in an amount equal to 27 22.5% of the taxpayer's actual liability for the month or 28 27.5% of the taxpayer's liability for the same calendar month 29 of the preceding year. If the month during which such tax 30 liability is incurred begins on or after January 1, 1987, and 31 prior to January 1, 1988, 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. If the month during HB0708 Engrossed -220- LRB9203186EGfg 1 which such tax liability is incurred begins on or after 2 January 1, 1988, and prior to January 1, 1989, or begins on 3 or after January 1, 1996, each payment shall be in an amount 4 equal to 22.5% of the taxpayer's actual liability for the 5 month or 25% of the taxpayer's liability for the same 6 calendar month of the preceding year. If the month during 7 which such tax liability is incurred begins on or after 8 January 1, 1989, and prior to January 1, 1996, each payment 9 shall be in an amount equal to 22.5% of the taxpayer's actual 10 liability for the month or 25% of the taxpayer's liability 11 for the same calendar month of the preceding year or 100% of 12 the taxpayer's actual liability for the quarter monthly 13 reporting period. The amount of such quarter monthly 14 payments shall be credited against the final tax liability of 15 the taxpayer's return for that month. Before October 1, 16 2000, once applicable, the requirement of the making of 17 quarter monthly payments to the Department shall continue 18 until such taxpayer's average monthly liability to the 19 Department during the preceding 4 complete calendar quarters 20 (excluding the month of highest liability and the month of 21 lowest liability) is less than $9,000, or until such 22 taxpayer's average monthly liability to the Department as 23 computed for each calendar quarter of the 4 preceding 24 complete calendar quarter period is less than $10,000. 25 However, if a taxpayer can show the Department that a 26 substantial change in the taxpayer's business has occurred 27 which causes the taxpayer to anticipate that his average 28 monthly tax liability for the reasonably foreseeable future 29 will fall below the $10,000 threshold stated above, then such 30 taxpayer may petition the Department for change in such 31 taxpayer's reporting status. On and after October 1, 2000, 32 once applicable, the requirement of the making of quarter 33 monthly payments to the Department shall continue until such 34 taxpayer's average monthly liability to the Department during HB0708 Engrossed -221- LRB9203186EGfg 1 the preceding 4 complete calendar quarters (excluding the 2 month of highest liability and the month of lowest liability) 3 is less than $19,000 or until such taxpayer's average monthly 4 liability to the Department as computed for each calendar 5 quarter of the 4 preceding complete calendar quarter period 6 is less than $20,000. However, if a taxpayer can show the 7 Department that a substantial change in the taxpayer's 8 business has occurred which causes the taxpayer to anticipate 9 that his average monthly tax liability for the reasonably 10 foreseeable future will fall below the $20,000 threshold 11 stated above, then such taxpayer may petition the Department 12 for a change in such taxpayer's reporting status. The 13 Department shall change such taxpayer's reporting status 14 unless it finds that such change is seasonal in nature and 15 not likely to be long term. If any such quarter monthly 16 payment is not paid at the time or in the amount required by 17 this Section, then the taxpayer shall be liable for penalties 18 and interest on the difference between the minimum amount due 19 and the amount of such quarter monthly payment actually and 20 timely paid, except insofar as the taxpayer has previously 21 made payments for that month to the Department in excess of 22 the minimum payments previously due as provided in this 23 Section. The Department shall make reasonable rules and 24 regulations to govern the quarter monthly payment amount and 25 quarter monthly payment dates for taxpayers who file on other 26 than a calendar monthly basis. 27 If any such payment provided for in this Section exceeds 28 the taxpayer's liabilities under this Act, the Retailers' 29 Occupation Tax Act, the Service Occupation Tax Act and the 30 Service Use Tax Act, as shown by an original monthly return, 31 the Department shall issue to the taxpayer a credit 32 memorandum no later than 30 days after the date of payment, 33 which memorandum may be submitted by the taxpayer to the 34 Department in payment of tax liability subsequently to be HB0708 Engrossed -222- LRB9203186EGfg 1 remitted by the taxpayer to the Department or be assigned by 2 the taxpayer to a similar taxpayer under this Act, the 3 Retailers' Occupation Tax Act, the Service Occupation Tax Act 4 or the Service Use Tax Act, in accordance with reasonable 5 rules and regulations to be prescribed by the Department, 6 except that if such excess payment is shown on an original 7 monthly return and is made after December 31, 1986, no credit 8 memorandum shall be issued, unless requested by the taxpayer. 9 If no such request is made, the taxpayer may credit such 10 excess payment against tax liability subsequently to be 11 remitted by the taxpayer to the Department under this Act, 12 the Retailers' Occupation Tax Act, the Service Occupation Tax 13 Act or the Service Use Tax Act, in accordance with reasonable 14 rules and regulations prescribed by the Department. If the 15 Department subsequently determines that all or any part of 16 the credit taken was not actually due to the taxpayer, the 17 taxpayer's 2.1% or 1.75% vendor's discount shall be reduced 18 by 2.1% or 1.75% of the difference between the credit taken 19 and that actually due, and the taxpayer shall be liable for 20 penalties and interest on such difference. 21 If the retailer is otherwise required to file a monthly 22 return and if the retailer's average monthly tax liability to 23 the Department does not exceed $200, the Department may 24 authorize his returns to be filed on a quarter annual basis, 25 with the return for January, February, and March of a given 26 year being due by April 20 of such year; with the return for 27 April, May and June of a given year being due by July 20 of 28 such year; with the return for July, August and September of 29 a given year being due by October 20 of such year, and with 30 the return for October, November and December of a given year 31 being due by January 20 of the following year. 32 If the retailer is otherwise required to file a monthly 33 or quarterly return and if the retailer's average monthly tax 34 liability to the Department does not exceed $50, the HB0708 Engrossed -223- LRB9203186EGfg 1 Department may authorize his returns to be filed on an annual 2 basis, with the return for a given year being due by January 3 20 of the following year. 4 Such quarter annual and annual returns, as to form and 5 substance, shall be subject to the same requirements as 6 monthly returns. 7 Notwithstanding any other provision in this Act 8 concerning the time within which a retailer may file his 9 return, in the case of any retailer who ceases to engage in a 10 kind of business which makes him responsible for filing 11 returns under this Act, such retailer shall file a final 12 return under this Act with the Department not more than one 13 month after discontinuing such business. 14 In addition, with respect to motor vehicles, watercraft, 15 aircraft, and trailers that are required to be registered 16 with an agency of this State, every retailer selling this 17 kind of tangible personal property shall file, with the 18 Department, upon a form to be prescribed and supplied by the 19 Department, a separate return for each such item of tangible 20 personal property which the retailer sells, except that if, 21 in the same transaction, (i) a retailer of aircraft, 22 watercraft, motor vehicles or trailers transfers more than 23 one aircraft, watercraft, motor vehicle or trailer to another 24 aircraft, watercraft, motor vehicle or trailer retailer for 25 the purpose of resale or (ii) a retailer of aircraft, 26 watercraft, motor vehicles, or trailers transfers more than 27 one aircraft, watercraft, motor vehicle, or trailer to a 28 purchaser for use as a qualifying rolling stock as provided 29 in Section 3-55 of this Act, then that seller may report the 30 transfer of all the aircraft, watercraft, motor vehicles or 31 trailers involved in that transaction to the Department on 32 the same uniform invoice-transaction reporting return form. 33 For purposes of this Section, "watercraft" means a Class 2, 34 Class 3, or Class 4 watercraft as defined in Section 3-2 of HB0708 Engrossed -224- LRB9203186EGfg 1 the Boat Registration and Safety Act, a personal watercraft, 2 or any boat equipped with an inboard motor. 3 The transaction reporting return in the case of motor 4 vehicles or trailers that are required to be registered with 5 an agency of this State, shall be the same document as the 6 Uniform Invoice referred to in Section 5-402 of the Illinois 7 Vehicle Code and must show the name and address of the 8 seller; the name and address of the purchaser; the amount of 9 the selling price including the amount allowed by the 10 retailer for traded-in property, if any; the amount allowed 11 by the retailer for the traded-in tangible personal property, 12 if any, to the extent to which Section 2 of this Act allows 13 an exemption for the value of traded-in property; the balance 14 payable after deducting such trade-in allowance from the 15 total selling price; the amount of tax due from the retailer 16 with respect to such transaction; the amount of tax collected 17 from the purchaser by the retailer on such transaction (or 18 satisfactory evidence that such tax is not due in that 19 particular instance, if that is claimed to be the fact); the 20 place and date of the sale; a sufficient identification of 21 the property sold; such other information as is required in 22 Section 5-402 of the Illinois Vehicle Code, and such other 23 information as the Department may reasonably require. 24 The transaction reporting return in the case of 25 watercraft and aircraft must show the name and address of the 26 seller; the name and address of the purchaser; the amount of 27 the selling price including the amount allowed by the 28 retailer for traded-in property, if any; the amount allowed 29 by the retailer for the traded-in tangible personal property, 30 if any, to the extent to which Section 2 of this Act allows 31 an exemption for the value of traded-in property; the balance 32 payable after deducting such trade-in allowance from the 33 total selling price; the amount of tax due from the retailer 34 with respect to such transaction; the amount of tax collected HB0708 Engrossed -225- LRB9203186EGfg 1 from the purchaser by the retailer on such transaction (or 2 satisfactory evidence that such tax is not due in that 3 particular instance, if that is claimed to be the fact); the 4 place and date of the sale, a sufficient identification of 5 the property sold, and such other information as the 6 Department may reasonably require. 7 Such transaction reporting return shall be filed not 8 later than 20 days after the date of delivery of the item 9 that is being sold, but may be filed by the retailer at any 10 time sooner than that if he chooses to do so. The 11 transaction reporting return and tax remittance or proof of 12 exemption from the tax that is imposed by this Act may be 13 transmitted to the Department by way of the State agency with 14 which, or State officer with whom, the tangible personal 15 property must be titled or registered (if titling or 16 registration is required) if the Department and such agency 17 or State officer determine that this procedure will expedite 18 the processing of applications for title or registration. 19 With each such transaction reporting return, the retailer 20 shall remit the proper amount of tax due (or shall submit 21 satisfactory evidence that the sale is not taxable if that is 22 the case), to the Department or its agents, whereupon the 23 Department shall issue, in the purchaser's name, a tax 24 receipt (or a certificate of exemption if the Department is 25 satisfied that the particular sale is tax exempt) which such 26 purchaser may submit to the agency with which, or State 27 officer with whom, he must title or register the tangible 28 personal property that is involved (if titling or 29 registration is required) in support of such purchaser's 30 application for an Illinois certificate or other evidence of 31 title or registration to such tangible personal property. 32 No retailer's failure or refusal to remit tax under this 33 Act precludes a user, who has paid the proper tax to the 34 retailer, from obtaining his certificate of title or other HB0708 Engrossed -226- LRB9203186EGfg 1 evidence of title or registration (if titling or registration 2 is required) upon satisfying the Department that such user 3 has paid the proper tax (if tax is due) to the retailer. The 4 Department shall adopt appropriate rules to carry out the 5 mandate of this paragraph. 6 If the user who would otherwise pay tax to the retailer 7 wants the transaction reporting return filed and the payment 8 of tax or proof of exemption made to the Department before 9 the retailer is willing to take these actions and such user 10 has not paid the tax to the retailer, such user may certify 11 to the fact of such delay by the retailer, and may (upon the 12 Department being satisfied of the truth of such 13 certification) transmit the information required by the 14 transaction reporting return and the remittance for tax or 15 proof of exemption directly to the Department and obtain his 16 tax receipt or exemption determination, in which event the 17 transaction reporting return and tax remittance (if a tax 18 payment was required) shall be credited by the Department to 19 the proper retailer's account with the Department, but 20 without the 2.1% or 1.75% discount provided for in this 21 Section being allowed. When the user pays the tax directly 22 to the Department, he shall pay the tax in the same amount 23 and in the same form in which it would be remitted if the tax 24 had been remitted to the Department by the retailer. 25 Where a retailer collects the tax with respect to the 26 selling price of tangible personal property which he sells 27 and the purchaser thereafter returns such tangible personal 28 property and the retailer refunds the selling price thereof 29 to the purchaser, such retailer shall also refund, to the 30 purchaser, the tax so collected from the purchaser. When 31 filing his return for the period in which he refunds such tax 32 to the purchaser, the retailer may deduct the amount of the 33 tax so refunded by him to the purchaser from any other use 34 tax which such retailer may be required to pay or remit to HB0708 Engrossed -227- LRB9203186EGfg 1 the Department, as shown by such return, if the amount of the 2 tax to be deducted was previously remitted to the Department 3 by such retailer. If the retailer has not previously 4 remitted the amount of such tax to the Department, he is 5 entitled to no deduction under this Act upon refunding such 6 tax to the purchaser. 7 Any retailer filing a return under this Section shall 8 also include (for the purpose of paying tax thereon) the 9 total tax covered by such return upon the selling price of 10 tangible personal property purchased by him at retail from a 11 retailer, but as to which the tax imposed by this Act was not 12 collected from the retailer filing such return, and such 13 retailer shall remit the amount of such tax to the Department 14 when filing such return. 15 If experience indicates such action to be practicable, 16 the Department may prescribe and furnish a combination or 17 joint return which will enable retailers, who are required to 18 file returns hereunder and also under the Retailers' 19 Occupation Tax Act, to furnish all the return information 20 required by both Acts on the one form. 21 Where the retailer has more than one business registered 22 with the Department under separate registration under this 23 Act, such retailer may not file each return that is due as a 24 single return covering all such registered businesses, but 25 shall file separate returns for each such registered 26 business. 27 Beginning January 1, 1990, each month the Department 28 shall pay into the State and Local Sales Tax Reform Fund, a 29 special fund in the State Treasury which is hereby created, 30 the net revenue realized for the preceding month from the 1% 31 tax on sales of food for human consumption which is to be 32 consumed off the premises where it is sold (other than 33 alcoholic beverages, soft drinks and food which has been 34 prepared for immediate consumption) and prescription and HB0708 Engrossed -228- LRB9203186EGfg 1 nonprescription medicines, drugs, medical appliances and 2 insulin, urine testing materials, syringes and needles used 3 by diabetics. 4 Beginning January 1, 1990, each month the Department 5 shall pay into the County and Mass Transit District Fund 4% 6 of the net revenue realized for the preceding month from the 7 6.25% general rate on the selling price of tangible personal 8 property which is purchased outside Illinois at retail from a 9 retailer and which is titled or registered by an agency of 10 this State's government. 11 Beginning January 1, 1990, each month the Department 12 shall pay into the State and Local Sales Tax Reform Fund, a 13 special fund in the State Treasury, 20% of the net revenue 14 realized for the preceding month from the 6.25% general rate 15 on the selling price of tangible personal property, other 16 than tangible personal property which is purchased outside 17 Illinois at retail from a retailer and which is titled or 18 registered by an agency of this State's government. 19 Beginning August 1, 2000, each month the Department shall 20 pay into the State and Local Sales Tax Reform Fund 100% of 21 the net revenue realized for the preceding month from the 22 1.25% rate on the selling price of motor fuel and gasohol. 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 which is purchased outside Illinois at retail from a 28 retailer and which is titled or registered by an agency of 29 this State's government. 30 Of the remainder of the moneys received by the Department 31 pursuant to this Act, (a) 1.75% thereof shall be paid into 32 the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% 33 and on and after July 1, 1989, 3.8% thereof shall be paid 34 into the Build Illinois Fund; provided, however, that if in HB0708 Engrossed -229- LRB9203186EGfg 1 any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, 2 as the case may be, of the moneys received by the Department 3 and required to be paid into the Build Illinois Fund pursuant 4 to Section 3 of the Retailers' Occupation Tax Act, Section 9 5 of the Use Tax Act, Section 9 of the Service Use Tax Act, and 6 Section 9 of the Service Occupation Tax Act, such Acts being 7 hereinafter called the "Tax Acts" and such aggregate of 2.2% 8 or 3.8%, as the case may be, of moneys being hereinafter 9 called the "Tax Act Amount", and (2) the amount transferred 10 to the Build Illinois Fund from the State and Local Sales Tax 11 Reform Fund shall be less than the Annual Specified Amount 12 (as defined in Section 3 of the Retailers' Occupation Tax 13 Act), an amount equal to the difference shall be immediately 14 paid into the Build Illinois Fund from other moneys received 15 by the Department pursuant to the Tax Acts; and further 16 provided, that if on the last business day of any month the 17 sum of (1) the Tax Act Amount required to be deposited into 18 the Build Illinois Bond Account in the Build Illinois Fund 19 during such month and (2) the amount transferred during such 20 month to the Build Illinois Fund from the State and Local 21 Sales Tax Reform Fund shall have been less than 1/12 of the 22 Annual Specified Amount, an amount equal to the difference 23 shall be immediately paid into the Build Illinois Fund from 24 other moneys received by the Department pursuant to the Tax 25 Acts; and, further provided, that in no event shall the 26 payments required under the preceding proviso result in 27 aggregate payments into the Build Illinois Fund pursuant to 28 this clause (b) for any fiscal year in excess of the greater 29 of (i) the Tax Act Amount or (ii) the Annual Specified Amount 30 for such fiscal year; and, further provided, that the amounts 31 payable into the Build Illinois Fund under this clause (b) 32 shall be payable only until such time as the aggregate amount 33 on deposit under each trust indenture securing Bonds issued 34 and outstanding pursuant to the Build Illinois Bond Act is HB0708 Engrossed -230- LRB9203186EGfg 1 sufficient, taking into account any future investment income, 2 to fully provide, in accordance with such indenture, for the 3 defeasance of or the payment of the principal of, premium, if 4 any, and interest on the Bonds secured by such indenture and 5 on any Bonds expected to be issued thereafter and all fees 6 and costs payable with respect thereto, all as certified by 7 the Director of the Bureau of the Budget. If on the last 8 business day of any month in which Bonds are outstanding 9 pursuant to the Build Illinois Bond Act, the aggregate of the 10 moneys deposited in the Build Illinois Bond Account in the 11 Build Illinois Fund in such month shall be less than the 12 amount required to be transferred in such month from the 13 Build Illinois Bond Account to the Build Illinois Bond 14 Retirement and Interest Fund pursuant to Section 13 of the 15 Build Illinois Bond Act, an amount equal to such deficiency 16 shall be immediately paid from other moneys received by the 17 Department pursuant to the Tax Acts to the Build Illinois 18 Fund; provided, however, that any amounts paid to the Build 19 Illinois Fund in any fiscal year pursuant to this sentence 20 shall be deemed to constitute payments pursuant to clause (b) 21 of the preceding sentence and shall reduce the amount 22 otherwise payable for such fiscal year pursuant to clause (b) 23 of the preceding sentence. The moneys received by the 24 Department pursuant to this Act and required to be deposited 25 into the Build Illinois Fund are subject to the pledge, claim 26 and charge set forth in Section 12 of the Build Illinois Bond 27 Act. 28 Subject to payment of amounts into the Build Illinois 29 Fund as provided in the preceding paragraph or in any 30 amendment thereto hereafter enacted, the following specified 31 monthly installment of the amount requested in the 32 certificate of the Chairman of the Metropolitan Pier and 33 Exposition Authority provided under Section 8.25f of the 34 State Finance Act, but not in excess of the sums designated HB0708 Engrossed -231- LRB9203186EGfg 1 as "Total Deposit", shall be deposited in the aggregate from 2 collections under Section 9 of the Use Tax Act, Section 9 of 3 the Service Use Tax Act, Section 9 of the Service Occupation 4 Tax Act, and Section 3 of the Retailers' Occupation Tax Act 5 into the McCormick Place Expansion Project Fund in the 6 specified fiscal years. 7 Fiscal Year Total Deposit 8 1993 $0 9 1994 53,000,000 10 1995 58,000,000 11 1996 61,000,000 12 1997 64,000,000 13 1998 68,000,000 14 1999 71,000,000 15 2000 75,000,000 16 2001 80,000,000 17 2002 84,000,000 18 2003 89,000,000 19 2004 93,000,000 20 2005 97,000,000 21 2006 102,000,000 22 2007 108,000,000 23 2008 115,000,000 24 2009 120,000,000 25 2010 126,000,000 26 2011 132,000,000 27 2012 138,000,000 28 2013 and 145,000,000 29 each fiscal year 30 thereafter that bonds 31 are outstanding under 32 Section 13.2 of the 33 Metropolitan Pier and 34 Exposition Authority HB0708 Engrossed -232- LRB9203186EGfg 1 Act, but not after fiscal year 2029. 2 Beginning July 20, 1993 and in each month of each fiscal 3 year thereafter, one-eighth of the amount requested in the 4 certificate of the Chairman of the Metropolitan Pier and 5 Exposition Authority for that fiscal year, less the amount 6 deposited into the McCormick Place Expansion Project Fund by 7 the State Treasurer in the respective month under subsection 8 (g) of Section 13 of the Metropolitan Pier and Exposition 9 Authority Act, plus cumulative deficiencies in the deposits 10 required under this Section for previous months and years, 11 shall be deposited into the McCormick Place Expansion Project 12 Fund, until the full amount requested for the fiscal year, 13 but not in excess of the amount specified above as "Total 14 Deposit", has been deposited. 15 Subject to payment of amounts into the Build Illinois 16 Fund and the McCormick Place Expansion Project Fund pursuant 17 to the preceding paragraphs or in any amendment thereto 18 hereafter enacted, each month the Department shall pay into 19 the Local Government Distributive Fund .4% of the net revenue 20 realized for the preceding month from the 5% general rate, or 21 .4% of 80% of the net revenue realized for the preceding 22 month from the 6.25% general rate, as the case may be, on the 23 selling price of tangible personal property which amount 24 shall, subject to appropriation, be distributed as provided 25 in Section 2 of the State Revenue Sharing Act. No payments or 26 distributions pursuant to this paragraph shall be made if the 27 tax imposed by this Act on photoprocessing products is 28 declared unconstitutional, or if the proceeds from such tax 29 are unavailable for distribution because of litigation. 30 Subject to payment of amounts into the Build Illinois 31 Fund, the McCormick Place Expansion Project Fund, and the 32 Local Government Distributive Fund pursuant to the preceding 33 paragraphs or in any amendments thereto hereafter enacted, 34 beginning July 1, 1993, the Department shall each month pay HB0708 Engrossed -233- LRB9203186EGfg 1 into the Illinois Tax Increment Fund 0.27% of 80% of the net 2 revenue realized for the preceding month from the 6.25% 3 general rate on the selling price of tangible personal 4 property. 5 Of the remainder of the moneys received by the Department 6 pursuant to this Act, 75% thereof shall be paid into the 7 State Treasury and 25% shall be reserved in a special account 8 and used only for the transfer to the Common School Fund as 9 part of the monthly transfer from the General Revenue Fund in 10 accordance with Section 8a of the State Finance Act. 11 As soon as possible after the first day of each month, 12 upon certification of the Department of Revenue, the 13 Comptroller shall order transferred and the Treasurer shall 14 transfer from the General Revenue Fund to the Motor Fuel Tax 15 Fund an amount equal to 1.7% of 80% of the net revenue 16 realized under this Act for the second preceding month. 17 Beginning April 1, 2000, this transfer is no longer required 18 and shall not be made. 19 Net revenue realized for a month shall be the revenue 20 collected by the State pursuant to this Act, less the amount 21 paid out during that month as refunds to taxpayers for 22 overpayment of liability. 23 For greater simplicity of administration, manufacturers, 24 importers and wholesalers whose products are sold at retail 25 in Illinois by numerous retailers, and who wish to do so, may 26 assume the responsibility for accounting and paying to the 27 Department all tax accruing under this Act with respect to 28 such sales, if the retailers who are affected do not make 29 written objection to the Department to this arrangement. 30 (Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98; 31 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 32 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00; 91-901, 33 eff. 1-1-01; revised 8-30-00.) HB0708 Engrossed -234- LRB9203186EGfg 1 Section 34. The Service Use Tax Act is amended by 2 changing Sections 3-5 and 3-45 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 HB0708 Engrossed -235- LRB9203186EGfg 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 HB0708 Engrossed -236- LRB9203186EGfg 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, HB0708 Engrossed -237- LRB9203186EGfg 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 HB0708 Engrossed -238- LRB9203186EGfg 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 HB0708 Engrossed -239- LRB9203186EGfg 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 HB0708 Engrossed -240- LRB9203186EGfg 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: HB0708 Engrossed -241- LRB9203186EGfg 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 Section 35. The Service Occupation Tax Act is amended by 31 changing Section 3-5 as follows: 32 (35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5) HB0708 Engrossed -242- LRB9203186EGfg 1 Sec. 3-5. Exemptions. The following tangible personal 2 property is exempt from the tax imposed by this Act: 3 (1) Personal property sold by a corporation, society, 4 association, foundation, institution, or organization, other 5 than a limited liability company, that is organized and 6 operated as a not-for-profit service enterprise for the 7 benefit of persons 65 years of age or older if the personal 8 property was not purchased by the enterprise for the purpose 9 of resale by the enterprise. 10 (2) Personal property purchased by a not-for-profit 11 Illinois county fair association for use in conducting, 12 operating, or promoting the county fair. 13 (3) Personal property purchased by any not-for-profit 14 arts or cultural organization that establishes, by proof 15 required by the Department by rule, that it has received an 16 exemption under Section 501(c)(3) of the Internal Revenue 17 Code and that is organized and operated for the presentation 18 or support of arts or cultural programming, activities, or 19 services. These organizations include, but are not limited 20 to, music and dramatic arts organizations such as symphony 21 orchestras and theatrical groups, arts and cultural service 22 organizations, local arts councils, visual arts 23 organizations, and media arts organizations. 24 (4) Legal tender, currency, medallions, or gold or 25 silver coinage issued by the State of Illinois, the 26 government of the United States of America, or the government 27 of any foreign country, and bullion. 28 (5) Graphic arts machinery and equipment, including 29 repair and replacement parts, both new and used, and 30 including that manufactured on special order or purchased for 31 lease, certified by the purchaser to be used primarily for 32 graphic arts production. 33 (6) Personal property sold by a teacher-sponsored 34 student organization affiliated with an elementary or HB0708 Engrossed -243- LRB9203186EGfg 1 secondary school located in Illinois. 2 (7) Farm machinery and equipment, both new and used, 3 including that manufactured on special order, certified by 4 the purchaser to be used primarily for production agriculture 5 or State or federal agricultural programs, including 6 individual replacement parts for the machinery and equipment, 7 including machinery and equipment purchased for lease, and 8 including implements of husbandry defined in Section 1-130 of 9 the Illinois Vehicle Code, farm machinery and agricultural 10 chemical and fertilizer spreaders, and nurse wagons required 11 to be registered under Section 3-809 of the Illinois Vehicle 12 Code, but excluding other motor vehicles required to be 13 registered under the Illinois Vehicle Code. Horticultural 14 polyhouses or hoop houses used for propagating, growing, or 15 overwintering plants shall be considered farm machinery and 16 equipment under this item (7). Agricultural chemical tender 17 tanks and dry boxes shall include units sold separately from 18 a motor vehicle required to be licensed and units sold 19 mounted on a motor vehicle required to be licensed if the 20 selling price of the tender is separately stated. 21 Farm machinery and equipment shall include precision 22 farming equipment that is installed or purchased to be 23 installed on farm machinery and equipment including, but not 24 limited to, tractors, harvesters, sprayers, planters, 25 seeders, or spreaders. Precision farming equipment includes, 26 but is not limited to, soil testing sensors, computers, 27 monitors, software, global positioning and mapping systems, 28 and other such equipment. 29 Farm machinery and equipment also includes computers, 30 sensors, software, and related equipment used primarily in 31 the computer-assisted operation of production agriculture 32 facilities, equipment, and activities such as, but not 33 limited to, the collection, monitoring, and correlation of 34 animal and crop data for the purpose of formulating animal HB0708 Engrossed -244- LRB9203186EGfg 1 diets and agricultural chemicals. This item (7) is exempt 2 from the provisions of Section 3-55. 3 (8) Fuel and petroleum products sold to or used by an 4 air common carrier, certified by the carrier to be used for 5 consumption, shipment, or storage in the conduct of its 6 business as an air common carrier, for a flight destined for 7 or returning from a location or locations outside the United 8 States without regard to previous or subsequent domestic 9 stopovers. 10 (9) Proceeds of mandatory service charges separately 11 stated on customers' bills for the purchase and consumption 12 of food and beverages, to the extent that the proceeds of the 13 service charge are in fact turned over as tips or as a 14 substitute for tips to the employees who participate directly 15 in preparing, serving, hosting or cleaning up the food or 16 beverage function with respect to which the service charge is 17 imposed. 18 (10) Oil field exploration, drilling, and production 19 equipment, including (i) rigs and parts of rigs, rotary rigs, 20 cable tool rigs, and workover rigs, (ii) pipe and tubular 21 goods, including casing and drill strings, (iii) pumps and 22 pump-jack units, (iv) storage tanks and flow lines, (v) any 23 individual replacement part for oil field exploration, 24 drilling, and production equipment, and (vi) machinery and 25 equipment purchased for lease; but excluding motor vehicles 26 required to be registered under the Illinois Vehicle Code. 27 (11) Photoprocessing machinery and equipment, including 28 repair and replacement parts, both new and used, including 29 that manufactured on special order, certified by the 30 purchaser to be used primarily for photoprocessing, and 31 including photoprocessing machinery and equipment purchased 32 for lease. 33 (12) Coal exploration, mining, offhighway hauling, 34 processing, maintenance, and reclamation equipment, including HB0708 Engrossed -245- LRB9203186EGfg 1 replacement parts and equipment, and including equipment 2 purchased for lease, but excluding motor vehicles required to 3 be registered under the Illinois Vehicle Code. 4 (13) Food for human consumption that is to be consumed 5 off the premises where it is sold (other than alcoholic 6 beverages, soft drinks and food that has been prepared for 7 immediate consumption) and prescription and non-prescription 8 medicines, drugs, medical appliances, and insulin, urine 9 testing materials, syringes, and needles used by diabetics, 10 for human use, when purchased for use by a person receiving 11 medical assistance under Article 5 of the Illinois Public Aid 12 Code who resides in a licensed long-term care facility, as 13 defined in the Nursing Home Care Act. 14 (14) Semen used for artificial insemination of livestock 15 for direct agricultural production. 16 (15) Horses, or interests in horses, registered with and 17 meeting the requirements of any of the Arabian Horse Club 18 Registry of America, Appaloosa Horse Club, American Quarter 19 Horse Association, United States Trotting Association, or 20 Jockey Club, as appropriate, used for purposes of breeding or 21 racing for prizes. 22 (16) Computers and communications equipment utilized for 23 any hospital purpose and equipment used in the diagnosis, 24 analysis, or treatment of hospital patients sold to a lessor 25 who leases the equipment, under a lease of one year or longer 26 executed or in effect at the time of the purchase, to a 27 hospital that has been issued an active tax exemption 28 identification number by the Department under Section 1g of 29 the Retailers' Occupation Tax Act. 30 (17) Personal property sold to a lessor who leases the 31 property, under a lease of one year or longer executed or in 32 effect at the time of the purchase, to a governmental body 33 that has been issued an active tax exemption identification 34 number by the Department under Section 1g of the Retailers' HB0708 Engrossed -246- LRB9203186EGfg 1 Occupation Tax Act. 2 (18) Beginning with taxable years ending on or after 3 December 31, 1995 and ending with taxable years ending on or 4 before December 31, 2004, personal property that is donated 5 for disaster relief to be used in a State or federally 6 declared disaster area in Illinois or bordering Illinois by a 7 manufacturer or retailer that is registered in this State to 8 a corporation, society, association, foundation, or 9 institution that has been issued a sales tax exemption 10 identification number by the Department that assists victims 11 of the disaster who reside within the declared disaster area. 12 (19) Beginning with taxable years ending on or after 13 December 31, 1995 and ending with taxable years ending on or 14 before December 31, 2004, personal property that is used in 15 the performance of infrastructure repairs in this State, 16 including but not limited to municipal roads and streets, 17 access roads, bridges, sidewalks, waste disposal systems, 18 water and sewer line extensions, water distribution and 19 purification facilities, storm water drainage and retention 20 facilities, and sewage treatment facilities, resulting from a 21 State or federally declared disaster in Illinois or bordering 22 Illinois when such repairs are initiated on facilities 23 located in the declared disaster area within 6 months after 24 the disaster. 25 (20) Beginning July 1, 1999, game or game birds sold at 26 a "game breeding and hunting preserve area" or an "exotic 27 game hunting area" as those terms are used in the Wildlife 28 Code or at a hunting enclosure approved through rules adopted 29 by the Department of Natural Resources. This paragraph is 30 exempt from the provisions of Section 3-55. 31 (21)(20)A motor vehicle, as that term is defined in 32 Section 1-146 of the Illinois Vehicle Code, that is donated 33 to a corporation, limited liability company, society, 34 association, foundation, or institution that is determined by HB0708 Engrossed -247- LRB9203186EGfg 1 the Department to be organized and operated exclusively for 2 educational purposes. For purposes of this exemption, "a 3 corporation, limited liability company, society, association, 4 foundation, or institution organized and operated exclusively 5 for educational purposes" means all tax-supported public 6 schools, private schools that offer systematic instruction in 7 useful branches of learning by methods common to public 8 schools and that compare favorably in their scope and 9 intensity with the course of study presented in tax-supported 10 schools, and vocational or technical schools or institutes 11 organized and operated exclusively to provide a course of 12 study of not less than 6 weeks duration and designed to 13 prepare individuals to follow a trade or to pursue a manual, 14 technical, mechanical, industrial, business, or commercial 15 occupation. 16 (22)(21)Beginning January 1, 2000, personal property, 17 including food, purchased through fundraising events for the 18 benefit of a public or private elementary or secondary 19 school, a group of those schools, or one or more school 20 districts if the events are sponsored by an entity recognized 21 by the school district that consists primarily of volunteers 22 and includes parents and teachers of the school children. 23 This paragraph does not apply to fundraising events (i) for 24 the benefit of private home instruction or (ii) for which the 25 fundraising entity purchases the personal property sold at 26 the events from another individual or entity that sold the 27 property for the purpose of resale by the fundraising entity 28 and that profits from the sale to the fundraising entity. 29 This paragraph is exempt from the provisions of Section 3-55. 30 (23)(20)Beginning January 1, 2000, new or used 31 automatic vending machines that prepare and serve hot food 32 and beverages, including coffee, soup, and other items, and 33 replacement parts for these machines. This paragraph is 34 exempt from the provisions of Section 3-55. HB0708 Engrossed -248- LRB9203186EGfg 1 (Source: P.A. 90-14, eff. 7-1-97; 90-552, eff. 12-12-97; 2 90-605, eff. 6-30-98; 91-51, eff. 6-30-99; 91-200, eff. 3 7-20-99; 91-439, eff. 8-6-99; 91-533, eff. 8-13-99; 91-637, 4 eff. 8-20-99; 91-644, eff. 8-20-99; revised 9-29-99.) 5 Section 36. The Retailers' Occupation Tax Act is amended 6 by changing Sections 2-5 and 3 as follows: 7 (35 ILCS 120/2-5) (from Ch. 120, par. 441-5) 8 Sec. 2-5. Exemptions. Gross receipts from proceeds from 9 the sale of the following tangible personal property are 10 exempt from the tax imposed by this Act: 11 (1) Farm chemicals. 12 (2) Farm machinery and equipment, both new and used, 13 including that manufactured on special order, certified by 14 the purchaser to be used primarily for production agriculture 15 or State or federal agricultural programs, including 16 individual replacement parts for the machinery and equipment, 17 including machinery and equipment purchased for lease, and 18 including implements of husbandry defined in Section 1-130 of 19 the Illinois Vehicle Code, farm machinery and agricultural 20 chemical and fertilizer spreaders, and nurse wagons required 21 to be registered under Section 3-809 of the Illinois Vehicle 22 Code, but excluding other motor vehicles required to be 23 registered under the Illinois Vehicle Code. Horticultural 24 polyhouses or hoop houses used for propagating, growing, or 25 overwintering plants shall be considered farm machinery and 26 equipment under this item (2). Agricultural chemical tender 27 tanks and dry boxes shall include units sold separately from 28 a motor vehicle required to be licensed and units sold 29 mounted on a motor vehicle required to be licensed, if the 30 selling price of the tender is separately stated. 31 Farm machinery and equipment shall include precision 32 farming equipment that is installed or purchased to be HB0708 Engrossed -249- LRB9203186EGfg 1 installed on farm machinery and equipment including, but not 2 limited to, tractors, harvesters, sprayers, planters, 3 seeders, or spreaders. Precision farming equipment includes, 4 but is not limited to, soil testing sensors, computers, 5 monitors, software, global positioning and mapping systems, 6 and other such equipment. 7 Farm machinery and equipment also includes computers, 8 sensors, software, and related equipment used primarily in 9 the computer-assisted operation of production agriculture 10 facilities, equipment, and activities such as, but not 11 limited to, the collection, monitoring, and correlation of 12 animal and crop data for the purpose of formulating animal 13 diets and agricultural chemicals. This item (7) is exempt 14 from the provisions of Section 2-70. 15 (3) Distillation machinery and equipment, sold as a unit 16 or kit, assembled or installed by the retailer, certified by 17 the user to be used only for the production of ethyl alcohol 18 that will be used for consumption as motor fuel or as a 19 component of motor fuel for the personal use of the user, and 20 not subject to sale or resale. 21 (4) Graphic arts machinery and equipment, including 22 repair and replacement parts, both new and used, and 23 including that manufactured on special order or purchased for 24 lease, certified by the purchaser to be used primarily for 25 graphic arts production. 26 (5) A motor vehicle of the first division, a motor 27 vehicle of the second division that is a self-contained motor 28 vehicle designed or permanently converted to provide living 29 quarters for recreational, camping, or travel use, with 30 direct walk through access to the living quarters from the 31 driver's seat, or a motor vehicle of the second division that 32 is of the van configuration designed for the transportation 33 of not less than 7 nor more than 16 passengers, as defined in 34 Section 1-146 of the Illinois Vehicle Code, that is used for HB0708 Engrossed -250- LRB9203186EGfg 1 automobile renting, as defined in the Automobile Renting 2 Occupation and Use Tax Act. 3 (6) Personal property sold by a teacher-sponsored 4 student organization affiliated with an elementary or 5 secondary school located in Illinois. 6 (7) Proceeds of that portion of the selling price of a 7 passenger car the sale of which is subject to the Replacement 8 Vehicle Tax. 9 (8) Personal property sold to an Illinois county fair 10 association for use in conducting, operating, or promoting 11 the county fair. 12 (9) Personal property sold to a not-for-profit arts or 13 cultural organization that establishes, by proof required by 14 the Department by rule, that it has received an exemption 15 under Section 501(c)(3) of the Internal Revenue Code and that 16 is organized and operated for the presentation or support of 17 arts or cultural programming, activities, or services. These 18 organizations include, but are not limited to, music and 19 dramatic arts organizations such as symphony orchestras and 20 theatrical groups, arts and cultural service organizations, 21 local arts councils, visual arts organizations, and media 22 arts organizations. 23 (10) Personal property sold by a corporation, society, 24 association, foundation, institution, or organization, other 25 than a limited liability company, that is organized and 26 operated as a not-for-profit service enterprise for the 27 benefit of persons 65 years of age or older if the personal 28 property was not purchased by the enterprise for the purpose 29 of resale by the enterprise. 30 (11) Personal property sold to a governmental body, to a 31 corporation, society, association, foundation, or institution 32 organized and operated exclusively for charitable, religious, 33 or educational purposes, or to a not-for-profit corporation, 34 society, association, foundation, institution, or HB0708 Engrossed -251- LRB9203186EGfg 1 organization that has no compensated officers or employees 2 and that is organized and operated primarily for the 3 recreation of persons 55 years of age or older. A limited 4 liability company may qualify for the exemption under this 5 paragraph only if the limited liability company is organized 6 and operated exclusively for educational purposes. On and 7 after July 1, 1987, however, no entity otherwise eligible for 8 this exemption shall make tax-free purchases unless it has an 9 active identification number issued by the Department. 10 (12) Personal property sold to interstate carriers for 11 hire for use as rolling stock moving in interstate commerce 12 or to lessors under leases of one year or longer executed or 13 in effect at the time of purchase by interstate carriers for 14 hire for use as rolling stock moving in interstate commerce 15 and equipment operated by a telecommunications provider, 16 licensed as a common carrier by the Federal Communications 17 Commission, which is permanently installed in or affixed to 18 aircraft moving in interstate commerce. 19 (13) Proceeds from sales to owners, lessors, or shippers 20 of tangible personal property that is utilized by interstate 21 carriers for hire for use as rolling stock moving in 22 interstate commerce and equipment operated by a 23 telecommunications provider, licensed as a common carrier by 24 the Federal Communications Commission, which is permanently 25 installed in or affixed to aircraft moving in interstate 26 commerce. 27 (14) Machinery and equipment that will be used by the 28 purchaser, or a lessee of the purchaser, primarily in the 29 process of manufacturing or assembling tangible personal 30 property for wholesale or retail sale or lease, whether the 31 sale or lease is made directly by the manufacturer or by some 32 other person, whether the materials used in the process are 33 owned by the manufacturer or some other person, or whether 34 the sale or lease is made apart from or as an incident to the HB0708 Engrossed -252- LRB9203186EGfg 1 seller's engaging in the service occupation of producing 2 machines, tools, dies, jigs, patterns, gauges, or other 3 similar items of no commercial value on special order for a 4 particular purchaser. 5 (15) Proceeds of mandatory service charges separately 6 stated on customers' bills for purchase and consumption of 7 food and beverages, to the extent that the proceeds of the 8 service charge are in fact turned over as tips or as a 9 substitute for tips to the employees who participate directly 10 in preparing, serving, hosting or cleaning up the food or 11 beverage function with respect to which the service charge is 12 imposed. 13 (16) Petroleum products sold to a purchaser if the 14 seller is prohibited by federal law from charging tax to the 15 purchaser. 16 (17) Tangible personal property sold to a common carrier 17 by rail or motor that receives the physical possession of the 18 property in Illinois and that transports the property, or 19 shares with another common carrier in the transportation of 20 the property, out of Illinois on a standard uniform bill of 21 lading showing the seller of the property as the shipper or 22 consignor of the property to a destination outside Illinois, 23 for use outside Illinois. 24 (18) Legal tender, currency, medallions, or gold or 25 silver coinage issued by the State of Illinois, the 26 government of the United States of America, or the government 27 of any foreign country, and bullion. 28 (19) Oil field exploration, drilling, and production 29 equipment, including (i) rigs and parts of rigs, rotary rigs, 30 cable tool rigs, and workover rigs, (ii) pipe and tubular 31 goods, including casing and drill strings, (iii) pumps and 32 pump-jack units, (iv) storage tanks and flow lines, (v) any 33 individual replacement part for oil field exploration, 34 drilling, and production equipment, and (vi) machinery and HB0708 Engrossed -253- LRB9203186EGfg 1 equipment purchased for lease; but excluding motor vehicles 2 required to be registered under the Illinois Vehicle Code. 3 (20) Photoprocessing machinery and equipment, including 4 repair and replacement parts, both new and used, including 5 that manufactured on special order, certified by the 6 purchaser to be used primarily for photoprocessing, and 7 including photoprocessing machinery and equipment purchased 8 for lease. 9 (21) Coal exploration, mining, offhighway hauling, 10 processing, maintenance, and reclamation equipment, including 11 replacement parts and equipment, and including equipment 12 purchased for lease, but excluding motor vehicles required to 13 be registered under the Illinois Vehicle Code. 14 (22) Fuel and petroleum products sold to or used by an 15 air carrier, certified by the carrier to be used for 16 consumption, shipment, or storage in the conduct of its 17 business as an air common carrier, for a flight destined for 18 or returning from a location or locations outside the United 19 States without regard to previous or subsequent domestic 20 stopovers. 21 (23) A transaction in which the purchase order is 22 received by a florist who is located outside Illinois, but 23 who has a florist located in Illinois deliver the property to 24 the purchaser or the purchaser's donee in Illinois. 25 (24) Fuel consumed or used in the operation of ships, 26 barges, or vessels that are used primarily in or for the 27 transportation of property or the conveyance of persons for 28 hire on rivers bordering on this State if the fuel is 29 delivered by the seller to the purchaser's barge, ship, or 30 vessel while it is afloat upon that bordering river. 31 (25) A motor vehicle sold in this State to a nonresident 32 even though the motor vehicle is delivered to the nonresident 33 in this State, if the motor vehicle is not to be titled in 34 this State, and if a driveaway decal permit is issued to the HB0708 Engrossed -254- LRB9203186EGfg 1 motor vehicle as provided in Section 3-603 of the Illinois 2 Vehicle Code or if the nonresident purchaser has vehicle 3 registration plates to transfer to the motor vehicle upon 4 returning to his or her home state. The issuance of the 5 driveaway decal permit or having the out-of-state 6 registration plates to be transferred is prima facie evidence 7 that the motor vehicle will not be titled in this State. 8 (26) Semen used for artificial insemination of livestock 9 for direct agricultural production. 10 (27) Horses, or interests in horses, registered with and 11 meeting the requirements of any of the Arabian Horse Club 12 Registry of America, Appaloosa Horse Club, American Quarter 13 Horse Association, United States Trotting Association, or 14 Jockey Club, as appropriate, used for purposes of breeding or 15 racing for prizes. 16 (28) Computers and communications equipment utilized for 17 any hospital purpose and equipment used in the diagnosis, 18 analysis, or treatment of hospital patients sold to a lessor 19 who leases the equipment, under a lease of one year or longer 20 executed or in effect at the time of the purchase, to a 21 hospital that has been issued an active tax exemption 22 identification number by the Department under Section 1g of 23 this Act. 24 (29) Personal property sold to a lessor who leases the 25 property, under a lease of one year or longer executed or in 26 effect at the time of the purchase, to a governmental body 27 that has been issued an active tax exemption identification 28 number by the Department under Section 1g of this Act. 29 (30) Beginning with taxable years ending on or after 30 December 31, 1995 and ending with taxable years ending on or 31 before December 31, 2004, personal property that is donated 32 for disaster relief to be used in a State or federally 33 declared disaster area in Illinois or bordering Illinois by a 34 manufacturer or retailer that is registered in this State to HB0708 Engrossed -255- LRB9203186EGfg 1 a corporation, society, association, foundation, or 2 institution that has been issued a sales tax exemption 3 identification number by the Department that assists victims 4 of the disaster who reside within the declared disaster area. 5 (31) Beginning with taxable years ending on or after 6 December 31, 1995 and ending with taxable years ending on or 7 before December 31, 2004, personal property that is used in 8 the performance of infrastructure repairs in this State, 9 including but not limited to municipal roads and streets, 10 access roads, bridges, sidewalks, waste disposal systems, 11 water and sewer line extensions, water distribution and 12 purification facilities, storm water drainage and retention 13 facilities, and sewage treatment facilities, resulting from a 14 State or federally declared disaster in Illinois or bordering 15 Illinois when such repairs are initiated on facilities 16 located in the declared disaster area within 6 months after 17 the disaster. 18 (32) Beginning July 1, 1999, game or game birds sold at 19 a "game breeding and hunting preserve area" or an "exotic 20 game hunting area" as those terms are used in the Wildlife 21 Code or at a hunting enclosure approved through rules adopted 22 by the Department of Natural Resources. This paragraph is 23 exempt from the provisions of Section 2-70. 24 (33)(32)A motor vehicle, as that term is defined in 25 Section 1-146 of the Illinois Vehicle Code, that is donated 26 to a corporation, limited liability company, society, 27 association, foundation, or institution that is determined by 28 the Department to be organized and operated exclusively for 29 educational purposes. For purposes of this exemption, "a 30 corporation, limited liability company, society, association, 31 foundation, or institution organized and operated exclusively 32 for educational purposes" means all tax-supported public 33 schools, private schools that offer systematic instruction in 34 useful branches of learning by methods common to public HB0708 Engrossed -256- LRB9203186EGfg 1 schools and that compare favorably in their scope and 2 intensity with the course of study presented in tax-supported 3 schools, and vocational or technical schools or institutes 4 organized and operated exclusively to provide a course of 5 study of not less than 6 weeks duration and designed to 6 prepare individuals to follow a trade or to pursue a manual, 7 technical, mechanical, industrial, business, or commercial 8 occupation. 9 (34)(33)Beginning January 1, 2000, personal property, 10 including food, purchased through fundraising events for the 11 benefit of a public or private elementary or secondary 12 school, a group of those schools, or one or more school 13 districts if the events are sponsored by an entity recognized 14 by the school district that consists primarily of volunteers 15 and includes parents and teachers of the school children. 16 This paragraph does not apply to fundraising events (i) for 17 the benefit of private home instruction or (ii) for which the 18 fundraising entity purchases the personal property sold at 19 the events from another individual or entity that sold the 20 property for the purpose of resale by the fundraising entity 21 and that profits from the sale to the fundraising entity. 22 This paragraph is exempt from the provisions of Section 2-70. 23 (35)(32)Beginning January 1, 2000, new or used 24 automatic vending machines that prepare and serve hot food 25 and beverages, including coffee, soup, and other items, and 26 replacement parts for these machines. This paragraph is 27 exempt from the provisions of Section 2-70. 28 (Source: P.A. 90-14, eff. 7-1-97; 90-519, eff. 6-1-98; 29 90-552, eff. 12-12-97; 90-605, eff. 6-30-98; 91-51, eff. 30 6-30-99; 91-200, eff. 7-20-99; 91-439, eff. 8-6-99; 91-533, 31 eff. 8-13-99; 91-637, eff. 8-20-99; 91-644, eff. 8-20-99; 32 revised 9-28-99.) 33 (35 ILCS 120/3) (from Ch. 120, par. 442) HB0708 Engrossed -257- LRB9203186EGfg 1 Sec. 3. Except as provided in this Section, on or before 2 the twentieth day of each calendar month, every person 3 engaged in the business of selling tangible personal property 4 at retail in this State during the preceding calendar month 5 shall file a return with the Department, stating: 6 1. The name of the seller; 7 2. His residence address and the address of his 8 principal place of business and the address of the 9 principal place of business (if that is a different 10 address) from which he engages in the business of selling 11 tangible personal property at retail in this State; 12 3. Total amount of receipts received by him during 13 the preceding calendar month or quarter, as the case may 14 be, from sales of tangible personal property, and from 15 services furnished, by him during such preceding calendar 16 month or quarter; 17 4. Total amount received by him during the 18 preceding calendar month or quarter on charge and time 19 sales of tangible personal property, and from services 20 furnished, by him prior to the month or quarter for which 21 the return is filed; 22 5. Deductions allowed by law; 23 6. Gross receipts which were received by him during 24 the preceding calendar month or quarter and upon the 25 basis of which the tax is imposed; 26 7. The amount of credit provided in Section 2d of 27 this Act; 28 8. The amount of tax due; 29 9. The signature of the taxpayer; and 30 10. 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 HB0708 Engrossed -258- LRB9203186EGfg 1 be due on the return shall be deemed assessed. 2 Each return shall be accompanied by the statement of 3 prepaid tax issued pursuant to Section 2e for which credit is 4 claimed. 5 A retailer may accept a Manufacturer's Purchase Credit 6 certification from a purchaser in satisfaction of Use Tax as 7 provided in Section 3-85 of the Use Tax Act if the purchaser 8 provides the appropriate documentation as required by Section 9 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit 10 certification, accepted by a retailer as provided in Section 11 3-85 of the Use Tax Act, may be used by that retailer to 12 satisfy Retailers' Occupation Tax liability in the amount 13 claimed in the certification, not to exceed 6.25% of the 14 receipts subject to tax from a qualifying purchase. 15 The Department may require returns to be filed on a 16 quarterly basis. If so required, a return for each calendar 17 quarter shall be filed on or before the twentieth day of the 18 calendar month following the end of such calendar quarter. 19 The taxpayer shall also file a return with the Department for 20 each of the first two months of each calendar quarter, on or 21 before the twentieth day of the following calendar month, 22 stating: 23 1. The name of the seller; 24 2. The address of the principal place of business 25 from which he engages in the business of selling tangible 26 personal property at retail in this State; 27 3. The total amount of taxable receipts received by 28 him during the preceding calendar month from sales of 29 tangible personal property by him during such preceding 30 calendar month, including receipts from charge and time 31 sales, but less all deductions allowed by law; 32 4. The amount of credit provided in Section 2d of 33 this Act; 34 5. The amount of tax due; and HB0708 Engrossed -259- LRB9203186EGfg 1 6. Such other reasonable information as the 2 Department may require. 3 If a total amount of less than $1 is payable, refundable 4 or creditable, such amount shall be disregarded if it is less 5 than 50 cents and shall be increased to $1 if it is 50 cents 6 or more. 7 Beginning October 1, 1993, a taxpayer who has an average 8 monthly tax liability of $150,000 or more shall make all 9 payments required by rules of the Department by electronic 10 funds transfer. Beginning October 1, 1994, a taxpayer who 11 has an average monthly tax liability of $100,000 or more 12 shall make all payments required by rules of the Department 13 by electronic funds transfer. Beginning October 1, 1995, a 14 taxpayer who has an average monthly tax liability of $50,000 15 or more shall make all payments required by rules of the 16 Department by electronic funds transfer. Beginning October 17 1, 2000, a taxpayer who has an annual tax liability of 18 $200,000 or more shall make all payments required by rules of 19 the Department by electronic funds transfer. The term 20 "annual tax liability" shall be the sum of the taxpayer's 21 liabilities under this Act, and under all other State and 22 local occupation and use tax laws administered by the 23 Department, for the immediately preceding calendar year. The 24 term "average monthly tax liability" shall be the sum of the 25 taxpayer's liabilities under this Act, and under all other 26 State and local occupation and use tax laws administered by 27 the Department, for the immediately preceding calendar year 28 divided by 12. 29 Before August 1 of each year beginning in 1993, the 30 Department shall notify all taxpayers required to make 31 payments by electronic funds transfer. All taxpayers 32 required to make payments by electronic funds transfer shall 33 make those payments for a minimum of one year beginning on 34 October 1. HB0708 Engrossed -260- LRB9203186EGfg 1 Any taxpayer not required to make payments by electronic 2 funds transfer may make payments by electronic funds transfer 3 with the permission of the Department. 4 All taxpayers required to make payment by electronic 5 funds transfer and any taxpayers authorized to voluntarily 6 make payments by electronic funds transfer shall make those 7 payments in the manner authorized by the Department. 8 The Department shall adopt such rules as are necessary to 9 effectuate a program of electronic funds transfer and the 10 requirements of this Section. 11 Any amount which is required to be shown or reported on 12 any return or other document under this Act shall, if such 13 amount is not a whole-dollar amount, be increased to the 14 nearest whole-dollar amount in any case where the fractional 15 part of a dollar is 50 cents or more, and decreased to the 16 nearest whole-dollar amount where the fractional part of a 17 dollar is less than 50 cents. 18 If the retailer is otherwise required to file a monthly 19 return and if the retailer's average monthly tax liability to 20 the Department does not exceed $200, the Department may 21 authorize his returns to be filed on a quarter annual basis, 22 with the return for January, February and March of a given 23 year being due by April 20 of such year; with the return for 24 April, May and June of a given year being due by July 20 of 25 such year; with the return for July, August and September of 26 a given year being due by October 20 of such year, and with 27 the return for October, November and December of a given year 28 being due by January 20 of the following year. 29 If the retailer is otherwise required to file a monthly 30 or quarterly return and if the retailer's average monthly tax 31 liability with the Department does not exceed $50, the 32 Department may authorize his returns to be filed on an annual 33 basis, with the return for a given year being due by January 34 20 of the following year. HB0708 Engrossed -261- LRB9203186EGfg 1 Such quarter annual and annual returns, as to form and 2 substance, shall be subject to the same requirements as 3 monthly returns. 4 Notwithstanding any other provision in this Act 5 concerning the time within which a retailer may file his 6 return, in the case of any retailer who ceases to engage in a 7 kind of business which makes him responsible for filing 8 returns under this Act, such retailer shall file a final 9 return under this Act with the Department not more than one 10 month after discontinuing such business. 11 Where the same person has more than one business 12 registered with the Department under separate registrations 13 under this Act, such person may not file each return that is 14 due as a single return covering all such registered 15 businesses, but shall file separate returns for each such 16 registered business. 17 In addition, with respect to motor vehicles, watercraft, 18 aircraft, and trailers that are required to be registered 19 with an agency of this State, every retailer selling this 20 kind of tangible personal property shall file, with the 21 Department, upon a form to be prescribed and supplied by the 22 Department, a separate return for each such item of tangible 23 personal property which the retailer sells, except that if, 24 in the same transaction, (i) a retailer of aircraft, 25 watercraft, motor vehicles or trailers transfers more than 26 one aircraft, watercraft, motor vehicle or trailer to another 27 aircraft, watercraft, motor vehicle retailer or trailer 28 retailer for the purpose of resale or (ii) a retailer of 29 aircraft, watercraft, motor vehicles, or trailers transfers 30 more than one aircraft, watercraft, motor vehicle, or trailer 31 to a purchaser for use as a qualifying rolling stock as 32 provided in Section 2-5 of this Act, then that seller may 33 report the transfer of all aircraft, watercraft, motor 34 vehicles or trailers involved in that transaction to the HB0708 Engrossed -262- LRB9203186EGfg 1 Department on the same uniform invoice-transaction reporting 2 return form. For purposes of this Section, "watercraft" 3 means a Class 2, Class 3, or Class 4 watercraft as defined in 4 Section 3-2 of the Boat Registration and Safety Act, a 5 personal watercraft, or any boat equipped with an inboard 6 motor. 7 Any retailer who sells only motor vehicles, watercraft, 8 aircraft, or trailers that are required to be registered with 9 an agency of this State, so that all retailers' occupation 10 tax liability is required to be reported, and is reported, on 11 such transaction reporting returns and who is not otherwise 12 required to file monthly or quarterly returns, need not file 13 monthly or quarterly returns. However, those retailers shall 14 be required to file returns on an annual basis. 15 The transaction reporting return, in the case of motor 16 vehicles or trailers that are required to be registered with 17 an agency of this State, shall be the same document as the 18 Uniform Invoice referred to in Section 5-402 of The Illinois 19 Vehicle Code and must show the name and address of the 20 seller; the name and address of the purchaser; the amount of 21 the selling price including the amount allowed by the 22 retailer for traded-in property, if any; the amount allowed 23 by the retailer for the traded-in tangible personal property, 24 if any, to the extent to which Section 1 of this Act allows 25 an exemption for the value of traded-in property; the balance 26 payable after deducting such trade-in allowance from the 27 total selling price; the amount of tax due from the retailer 28 with respect to such transaction; the amount of tax collected 29 from the purchaser by the retailer on such transaction (or 30 satisfactory evidence that such tax is not due in that 31 particular instance, if that is claimed to be the fact); the 32 place and date of the sale; a sufficient identification of 33 the property sold; such other information as is required in 34 Section 5-402 of The Illinois Vehicle Code, and such other HB0708 Engrossed -263- LRB9203186EGfg 1 information as the Department may reasonably require. 2 The transaction reporting return in the case of 3 watercraft or aircraft must show the name and address of the 4 seller; the name and address of the purchaser; the amount of 5 the selling price including the amount allowed by the 6 retailer for traded-in property, if any; the amount allowed 7 by the retailer for the traded-in tangible personal property, 8 if any, to the extent to which Section 1 of this Act allows 9 an exemption for the value of traded-in property; the balance 10 payable after deducting such trade-in allowance from the 11 total selling price; the amount of tax due from the retailer 12 with respect to such transaction; the amount of tax collected 13 from the purchaser by the retailer on such transaction (or 14 satisfactory evidence that such tax is not due in that 15 particular instance, if that is claimed to be the fact); the 16 place and date of the sale, a sufficient identification of 17 the property sold, and such other information as the 18 Department may reasonably require. 19 Such transaction reporting return shall be filed not 20 later than 20 days after the day of delivery of the item that 21 is being sold, but may be filed by the retailer at any time 22 sooner than that if he chooses to do so. The transaction 23 reporting return and tax remittance or proof of exemption 24 from the Illinois use tax may be transmitted to the 25 Department by way of the State agency with which, or State 26 officer with whom the tangible personal property must be 27 titled or registered (if titling or registration is required) 28 if the Department and such agency or State officer determine 29 that this procedure will expedite the processing of 30 applications for title or registration. 31 With each such transaction reporting return, the retailer 32 shall remit the proper amount of tax due (or shall submit 33 satisfactory evidence that the sale is not taxable if that is 34 the case), to the Department or its agents, whereupon the HB0708 Engrossed -264- LRB9203186EGfg 1 Department shall issue, in the purchaser's name, a use tax 2 receipt (or a certificate of exemption if the Department is 3 satisfied that the particular sale is tax exempt) which such 4 purchaser may submit to the agency with which, or State 5 officer with whom, he must title or register the tangible 6 personal property that is involved (if titling or 7 registration is required) in support of such purchaser's 8 application for an Illinois certificate or other evidence of 9 title or registration to such tangible personal property. 10 No retailer's failure or refusal to remit tax under this 11 Act precludes a user, who has paid the proper tax to the 12 retailer, from obtaining his certificate of title or other 13 evidence of title or registration (if titling or registration 14 is required) upon satisfying the Department that such user 15 has paid the proper tax (if tax is due) to the retailer. The 16 Department shall adopt appropriate rules to carry out the 17 mandate of this paragraph. 18 If the user who would otherwise pay tax to the retailer 19 wants the transaction reporting return filed and the payment 20 of the tax or proof of exemption made to the Department 21 before the retailer is willing to take these actions and such 22 user has not paid the tax to the retailer, such user may 23 certify to the fact of such delay by the retailer and may 24 (upon the Department being satisfied of the truth of such 25 certification) transmit the information required by the 26 transaction reporting return and the remittance for tax or 27 proof of exemption directly to the Department and obtain his 28 tax receipt or exemption determination, in which event the 29 transaction reporting return and tax remittance (if a tax 30 payment was required) shall be credited by the Department to 31 the proper retailer's account with the Department, but 32 without the 2.1% or 1.75% discount provided for in this 33 Section being allowed. When the user pays the tax directly 34 to the Department, he shall pay the tax in the same amount HB0708 Engrossed -265- LRB9203186EGfg 1 and in the same form in which it would be remitted if the tax 2 had been remitted to the Department by the retailer. 3 Refunds made by the seller during the preceding return 4 period to purchasers, on account of tangible personal 5 property returned to the seller, shall be allowed as a 6 deduction under subdivision 5 of his monthly or quarterly 7 return, as the case may be, in case the seller had 8 theretofore included the receipts from the sale of such 9 tangible personal property in a return filed by him and had 10 paid the tax imposed by this Act with respect to such 11 receipts. 12 Where the seller is a corporation, the return filed on 13 behalf of such corporation shall be signed by the president, 14 vice-president, secretary or treasurer or by the properly 15 accredited agent of such corporation. 16 Where the seller is a limited liability company, the 17 return filed on behalf of the limited liability company shall 18 be signed by a manager, member, or properly accredited agent 19 of the limited liability company. 20 Except as provided in this Section, the retailer filing 21 the return under this Section shall, at the time of filing 22 such return, pay to the Department the amount of tax imposed 23 by this Act less a discount of 2.1% prior to January 1, 1990 24 and 1.75% on and after January 1, 1990, or $5 per calendar 25 year, whichever is greater, which is allowed to reimburse the 26 retailer for the expenses incurred in keeping records, 27 preparing and filing returns, remitting the tax and supplying 28 data to the Department on request. Any prepayment made 29 pursuant to Section 2d of this Act shall be included in the 30 amount on which such 2.1% or 1.75% discount is computed. In 31 the case of retailers who report and pay the tax on a 32 transaction by transaction basis, as provided in this 33 Section, such discount shall be taken with each such tax 34 remittance instead of when such retailer files his periodic HB0708 Engrossed -266- LRB9203186EGfg 1 return. 2 Before October 1, 2000, if the taxpayer's average monthly 3 tax liability to the Department under this Act, the Use Tax 4 Act, the Service Occupation Tax Act, and the Service Use Tax 5 Act, excluding any liability for prepaid sales tax to be 6 remitted in accordance with Section 2d of this Act, was 7 $10,000 or more during the preceding 4 complete calendar 8 quarters, he shall file a return with the Department each 9 month by the 20th day of the month next following the month 10 during which such tax liability is incurred and shall make 11 payments to the Department on or before the 7th, 15th, 22nd 12 and last day of the month during which such liability is 13 incurred. On and after October 1, 2000, if the taxpayer's 14 average monthly tax liability to the Department under this 15 Act, the Use Tax Act, the Service Occupation Tax Act, and the 16 Service Use Tax Act, excluding any liability for prepaid 17 sales tax to be remitted in accordance with Section 2d of 18 this Act, was $20,000 or more during the preceding 4 complete 19 calendar quarters, he shall file a return with the Department 20 each month by the 20th day of the month next following the 21 month during which such tax liability is incurred and shall 22 make payment to the Department on or before the 7th, 15th, 23 22nd and last day of the month during which such liability is 24 incurred. If the month during which such tax liability is 25 incurred began prior to January 1, 1985, each payment shall 26 be in an amount equal to 1/4 of the taxpayer's actual 27 liability for the month or an amount set by the Department 28 not to exceed 1/4 of the average monthly liability of the 29 taxpayer to the Department for the preceding 4 complete 30 calendar quarters (excluding the month of highest liability 31 and the month of lowest liability in such 4 quarter period). 32 If the month during which such tax liability is incurred 33 begins on or after January 1, 1985 and prior to January 1, 34 1987, each payment shall be in an amount equal to 22.5% of HB0708 Engrossed -267- LRB9203186EGfg 1 the taxpayer's actual liability for the month or 27.5% of the 2 taxpayer's liability for the same calendar month of the 3 preceding year. If the month during which such tax liability 4 is incurred begins on or after January 1, 1987 and prior to 5 January 1, 1988, each payment shall be in an amount equal to 6 22.5% of the taxpayer's actual liability for the month or 7 26.25% of the taxpayer's liability for the same calendar 8 month of the preceding year. If the month during which such 9 tax liability is incurred begins on or after January 1, 1988, 10 and prior to January 1, 1989, or begins on or after January 11 1, 1996, each payment shall be in an amount equal to 22.5% of 12 the taxpayer's actual liability for the month or 25% of the 13 taxpayer's liability for the same calendar month of the 14 preceding year. If the month during which such tax liability 15 is incurred begins on or after January 1, 1989, and prior to 16 January 1, 1996, each payment shall be in an amount equal to 17 22.5% of the taxpayer's actual liability for the month or 25% 18 of the taxpayer's liability for the same calendar month of 19 the preceding year or 100% of the taxpayer's actual liability 20 for the quarter monthly reporting period. The amount of such 21 quarter monthly payments shall be credited against the final 22 tax liability of the taxpayer's return for that month. 23 Before October 1, 2000, once applicable, the requirement of 24 the making of quarter monthly payments to the Department by 25 taxpayers having an average monthly tax liability of $10,000 26 or more as determined in the manner provided above shall 27 continue until such taxpayer's average monthly liability to 28 the Department during the preceding 4 complete calendar 29 quarters (excluding the month of highest liability and the 30 month of 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 HB0708 Engrossed -268- LRB9203186EGfg 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 a 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 by taxpayers having an 9 average monthly tax liability of $20,000 or more as 10 determined in the manner provided above shall continue until 11 such taxpayer's average monthly liability to the Department 12 during the preceding 4 complete calendar quarters (excluding 13 the month of highest liability and the month of lowest 14 liability) is less than $19,000 or until such taxpayer's 15 average monthly liability to the Department as computed for 16 each calendar quarter of the 4 preceding complete calendar 17 quarter period is less than $20,000. However, if a taxpayer 18 can show the Department that a substantial change in the 19 taxpayer's business has occurred which causes the taxpayer to 20 anticipate that his average monthly tax liability for the 21 reasonably foreseeable future will fall below the $20,000 22 threshold stated above, then such taxpayer may petition the 23 Department for a change in such taxpayer's reporting status. 24 The Department shall change such taxpayer's reporting status 25 unless it finds that such change is seasonal in nature and 26 not likely to be long term. If any such quarter monthly 27 payment is not paid at the time or in the amount required by 28 this Section, then the taxpayer shall be liable for penalties 29 and interest on the difference between the minimum amount due 30 as a payment and the amount of such quarter monthly payment 31 actually and timely paid, except insofar as the taxpayer has 32 previously made payments for that month to the Department in 33 excess of the minimum payments previously due as provided in 34 this Section. The Department shall make reasonable rules and HB0708 Engrossed -269- LRB9203186EGfg 1 regulations to govern the quarter monthly payment amount and 2 quarter monthly payment dates for taxpayers who file on other 3 than a calendar monthly basis. 4 Without regard to whether a taxpayer is required to make 5 quarter monthly payments as specified above, any taxpayer who 6 is required by Section 2d of this Act to collect and remit 7 prepaid taxes and has collected prepaid taxes which average 8 in excess of $25,000 per month during the preceding 2 9 complete calendar quarters, shall file a return with the 10 Department as required by Section 2f and shall make payments 11 to the Department on or before the 7th, 15th, 22nd and last 12 day of the month during which such liability is incurred. If 13 the month during which such tax liability is incurred began 14 prior to the effective date of this amendatory Act of 1985, 15 each payment shall be in an amount not less than 22.5% of the 16 taxpayer's actual liability under Section 2d. If the month 17 during which such tax liability is incurred begins on or 18 after January 1, 1986, each payment shall be in an amount 19 equal to 22.5% of the taxpayer's actual liability for the 20 month or 27.5% of the taxpayer's liability for the same 21 calendar month of the preceding calendar year. If the month 22 during which such tax liability is incurred begins on or 23 after January 1, 1987, each payment shall be in an amount 24 equal to 22.5% of the taxpayer's actual liability for the 25 month or 26.25% of the taxpayer's liability for the same 26 calendar month of the preceding year. The amount of such 27 quarter monthly payments shall be credited against the final 28 tax liability of the taxpayer's return for that month filed 29 under this Section or Section 2f, as the case may be. Once 30 applicable, the requirement of the making of quarter monthly 31 payments to the Department pursuant to this paragraph shall 32 continue until such taxpayer's average monthly prepaid tax 33 collections during the preceding 2 complete calendar quarters 34 is $25,000 or less. If any such quarter monthly payment is HB0708 Engrossed -270- LRB9203186EGfg 1 not paid at the time or in the amount required, the taxpayer 2 shall be liable for penalties and interest on such 3 difference, except insofar as the taxpayer has previously 4 made payments for that month in excess of the minimum 5 payments previously due. 6 If any payment provided for in this Section exceeds the 7 taxpayer's liabilities under this Act, the Use Tax Act, the 8 Service Occupation Tax Act and the Service Use Tax Act, as 9 shown on an original monthly return, the Department shall, if 10 requested by the taxpayer, issue to the taxpayer a credit 11 memorandum no later than 30 days after the date of payment. 12 The credit evidenced by such credit memorandum may be 13 assigned by the taxpayer to a similar taxpayer under this 14 Act, the Use Tax Act, the Service Occupation Tax Act or the 15 Service Use Tax Act, in accordance with reasonable rules and 16 regulations to be prescribed by the Department. If no such 17 request is made, the taxpayer may credit such excess payment 18 against tax liability subsequently to be remitted to the 19 Department under this Act, the Use Tax Act, the Service 20 Occupation Tax Act or the Service Use Tax Act, in accordance 21 with reasonable rules and regulations prescribed by the 22 Department. If the Department subsequently determined that 23 all or any part of the credit taken was not actually due to 24 the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount 25 shall be reduced by 2.1% or 1.75% of the difference between 26 the credit taken and that actually due, and that taxpayer 27 shall be liable for penalties and interest on such 28 difference. 29 If a retailer of motor fuel is entitled to a credit under 30 Section 2d of this Act which exceeds the taxpayer's liability 31 to the Department under this Act for the month which the 32 taxpayer is filing a return, the Department shall issue the 33 taxpayer a credit memorandum for the excess. 34 Beginning January 1, 1990, each month the Department HB0708 Engrossed -271- LRB9203186EGfg 1 shall pay into the Local Government Tax Fund, a special fund 2 in the State treasury which is hereby created, the net 3 revenue realized for the preceding month from the 1% tax on 4 sales of food for human consumption which is to be consumed 5 off the premises where it is sold (other than alcoholic 6 beverages, soft drinks and food which has been prepared for 7 immediate consumption) and prescription and nonprescription 8 medicines, drugs, medical appliances and insulin, urine 9 testing materials, syringes and needles used by diabetics. 10 Beginning January 1, 1990, each month the Department 11 shall pay into the County and Mass Transit District Fund, a 12 special fund in the State treasury which is hereby created, 13 4% of the net revenue realized for the preceding month from 14 the 6.25% general rate. 15 Beginning August 1, 2000, each month the Department shall 16 pay into the County and Mass Transit District Fund 20% of the 17 net revenue realized for the preceding month from the 1.25% 18 rate on the selling price of motor fuel and gasohol. 19 Beginning January 1, 1990, each month the Department 20 shall pay into the Local Government Tax Fund 16% of the net 21 revenue realized for the preceding month from the 6.25% 22 general rate on the selling price of tangible personal 23 property. 24 Beginning August 1, 2000, each month the Department shall 25 pay into the Local Government Tax Fund 80% of the net revenue 26 realized for the preceding month from the 1.25% rate on the 27 selling price of motor fuel and gasohol. 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 HB0708 Engrossed -272- LRB9203186EGfg 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 HB0708 Engrossed -273- LRB9203186EGfg 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 HB0708 Engrossed -274- LRB9203186EGfg 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 HB0708 Engrossed -275- LRB9203186EGfg 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 HB0708 Engrossed -276- LRB9203186EGfg 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 Fund, and the 11 Local Government Distributive Fund pursuant to the preceding 12 paragraphs or in any amendments thereto hereafter enacted, 13 beginning July 1, 1993, the Department shall each month pay 14 into the Illinois Tax Increment Fund 0.27% of 80% of the net 15 revenue realized for the preceding month from the 6.25% 16 general rate on the selling price of tangible personal 17 property. 18 Of the remainder of the moneys received by the Department 19 pursuant to this Act, 75% thereof shall be paid into the 20 State Treasury and 25% shall be reserved in a special account 21 and used only for the transfer to the Common School Fund as 22 part of the monthly transfer from the General Revenue Fund in 23 accordance with Section 8a of the State Finance Act. 24 The Department may, upon separate written notice to a 25 taxpayer, require the taxpayer to prepare and file with the 26 Department on a form prescribed by the Department within not 27 less than 60 days after receipt of the notice an annual 28 information return for the tax year specified in the notice. 29 Such annual return to the Department shall include a 30 statement of gross receipts as shown by the retailer's last 31 Federal income tax return. If the total receipts of the 32 business as reported in the Federal income tax return do not 33 agree with the gross receipts reported to the Department of 34 Revenue for the same period, the retailer shall attach to his HB0708 Engrossed -277- LRB9203186EGfg 1 annual return a schedule showing a reconciliation of the 2 2 amounts and the reasons for the difference. The retailer's 3 annual return to the Department shall also disclose the cost 4 of goods sold by the retailer during the year covered by such 5 return, opening and closing inventories of such goods for 6 such year, costs of goods used from stock or taken from stock 7 and given away by the retailer during such year, payroll 8 information of the retailer's business during such year and 9 any additional reasonable information which the Department 10 deems would be helpful in determining the accuracy of the 11 monthly, quarterly or annual returns filed by such retailer 12 as provided for in this Section. 13 If the annual information return required by this Section 14 is not filed when and as required, the taxpayer shall be 15 liable as follows: 16 (i) Until January 1, 1994, the taxpayer shall be 17 liable for a penalty equal to 1/6 of 1% of the tax due 18 from such taxpayer under this Act during the period to be 19 covered by the annual return for each month or fraction 20 of a month until such return is filed as required, the 21 penalty to be assessed and collected in the same manner 22 as any other penalty provided for in this Act. 23 (ii) On and after January 1, 1994, the taxpayer 24 shall be liable for a penalty as described in Section 3-4 25 of the Uniform Penalty and Interest Act. 26 The chief executive officer, proprietor, owner or highest 27 ranking manager shall sign the annual return to certify the 28 accuracy of the information contained therein. Any person 29 who willfully signs the annual return containing false or 30 inaccurate information shall be guilty of perjury and 31 punished accordingly. The annual return form prescribed by 32 the Department shall include a warning that the person 33 signing the return may be liable for perjury. 34 The provisions of this Section concerning the filing of HB0708 Engrossed -278- LRB9203186EGfg 1 an annual information return do not apply to a retailer who 2 is not required to file an income tax return with the United 3 States Government. 4 As soon as possible after the first day of each month, 5 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 Motor Fuel Tax 8 Fund an amount equal to 1.7% of 80% of the net revenue 9 realized under this Act for the second preceding month. 10 Beginning April 1, 2000, this transfer is no longer required 11 and shall not be made. 12 Net revenue realized for a month shall be the revenue 13 collected by the State pursuant to this Act, less the amount 14 paid out during that month as refunds to taxpayers for 15 overpayment of liability. 16 For greater simplicity of administration, manufacturers, 17 importers and wholesalers whose products are sold at retail 18 in Illinois by numerous retailers, and who wish to do so, may 19 assume the responsibility for accounting and paying to the 20 Department all tax accruing under this Act with respect to 21 such sales, if the retailers who are affected do not make 22 written objection to the Department to this arrangement. 23 Any person who promotes, organizes, provides retail 24 selling space for concessionaires or other types of sellers 25 at the Illinois State Fair, DuQuoin State Fair, county fairs, 26 local fairs, art shows, flea markets and similar exhibitions 27 or events, including any transient merchant as defined by 28 Section 2 of the Transient Merchant Act of 1987, is required 29 to file a report with the Department providing the name of 30 the merchant's business, the name of the person or persons 31 engaged in merchant's business, the permanent address and 32 Illinois Retailers Occupation Tax Registration Number of the 33 merchant, the dates and location of the event and other 34 reasonable information that the Department may require. The HB0708 Engrossed -279- LRB9203186EGfg 1 report must be filed not later than the 20th day of the month 2 next following the month during which the event with retail 3 sales was held. Any person who fails to file a report 4 required by this Section commits a business offense and is 5 subject to a fine not to exceed $250. 6 Any person engaged in the business of selling tangible 7 personal property at retail as a concessionaire or other type 8 of seller at the Illinois State Fair, county fairs, art 9 shows, flea markets and similar exhibitions or events, or any 10 transient merchants, as defined by Section 2 of the Transient 11 Merchant Act of 1987, may be required to make a daily report 12 of the amount of such sales to the Department and to make a 13 daily payment of the full amount of tax due. The Department 14 shall impose this requirement when it finds that there is a 15 significant risk of loss of revenue to the State at such an 16 exhibition or event. Such a finding shall be based on 17 evidence that a substantial number of concessionaires or 18 other sellers who are not residents of Illinois will be 19 engaging in the business of selling tangible personal 20 property at retail at the exhibition or event, or other 21 evidence of a significant risk of loss of revenue to the 22 State. The Department shall notify concessionaires and other 23 sellers affected by the imposition of this requirement. In 24 the absence of notification by the Department, the 25 concessionaires and other sellers shall file their returns as 26 otherwise required in this Section. 27 (Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98; 28 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 29 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00; 91-901, 30 eff. 1-1-01; revised 1-15-01.) 31 Section 37. The Hotel Operators' Occupation Tax Act is 32 amended by changing Section 6 as follows: HB0708 Engrossed -280- LRB9203186EGfg 1 (35 ILCS 145/6) (from Ch. 120, par. 481b.36) 2 (Text of Section before amendment by P.A. 91-935) 3 Sec. 6. Except as provided hereinafter in this Section, 4 on or before the last day of each calendar month, every 5 person engaged in the business of renting, leasing or letting 6 rooms in a hotel in this State during the preceding calendar 7 month shall file a return with the Department, stating: 8 1. The name of the operator; 9 2. His residence address and the address of his 10 principal place of business and the address of the 11 principal place of business (if that is a different 12 address) from which he engages in the business of 13 renting, leasing or letting rooms in a hotel in this 14 State; 15 3. Total amount of rental receipts received by him 16 during the preceding calendar month from renting, leasing 17 or letting rooms during such preceding calendar month; 18 4. Total amount of rental receipts received by him 19 during the preceding calendar month from renting, leasing 20 or letting rooms to permanent residents during such 21 preceding calendar month; 22 5. Total amount of other exclusions from gross 23 rental receipts allowed by this Act; 24 6. Gross rental receipts which were received by him 25 during the preceding calendar month and upon the basis of 26 which the tax is imposed; 27 7. The amount of tax due; 28 8. Such other reasonable information as the 29 Department may require. 30 If the operator's average monthly tax liability to the 31 Department does not exceed $200, the Department may authorize 32 his returns to be filed on a quarter annual basis, with the 33 return for January, February and March of a given year being 34 due by April 30 of such year; with the return for April, May HB0708 Engrossed -281- LRB9203186EGfg 1 and June of a given year being due by July 31 of such year; 2 with the return for July, August and September of a given 3 year being due by October 31 of such year, and with the 4 return for October, November and December of a given year 5 being due by January 31 of the following year. 6 If the operator's average monthly tax liability to the 7 Department does not exceed $50, the Department may authorize 8 his returns to be filed on an annual basis, with the return 9 for a given year being due by January 31 of the following 10 year. 11 Such quarter annual and annual returns, as to form and 12 substance, shall be subject to the same requirements as 13 monthly returns. 14 Notwithstanding any other provision in this Act 15 concerning the time within which an operator may file his 16 return, in the case of any operator who ceases to engage in a 17 kind of business which makes him responsible for filing 18 returns under this Act, such operator shall file a final 19 return under this Act with the Department not more than 1 20 month after discontinuing such business. 21 Where the same person has more than 1 business registered 22 with the Department under separate registrations under this 23 Act, such person shall not file each return that is due as a 24 single return covering all such registered businesses, but 25 shall file separate returns for each such registered 26 business. 27 In his return, the operator shall determine the value of 28 any consideration other than money received by him in 29 connection with the renting, leasing or letting of rooms in 30 the course of his business and he shall include such value in 31 his return. Such determination shall be subject to review 32 and revision by the Department in the manner hereinafter 33 provided for the correction of returns. 34 Where the operator is a corporation, the return filed on HB0708 Engrossed -282- LRB9203186EGfg 1 behalf of such corporation shall be signed by the president, 2 vice-president, secretary or treasurer or by the properly 3 accredited agent of such corporation. 4 The person filing the return herein provided for shall, 5 at the time of filing such return, pay to the Department the 6 amount of tax herein imposed. The operator filing the return 7 under this Section shall, at the time of filing such return, 8 pay to the Department the amount of tax imposed by this Act 9 less a discount of 2.1% or $25 per calendar year, whichever 10 is greater, which is allowed to reimburse the operator for 11 the expenses incurred in keeping records, preparing and 12 filing returns, remitting the tax and supplying data to the 13 Department on request. 14 There shall be deposited in the Build Illinois Fund in 15 the State Treasury for each State fiscal year 40% of the 16 amount of total net proceeds from the tax imposed by 17 subsection (a) of Section 3. Of the remaining 60%, 18 $5,000,000 shall be deposited in the Illinois Sports 19 Facilities Fund and credited to the Subsidy Account each 20 fiscal year by making monthly deposits in the amount of 1/8 21 of $5,000,000 plus cumulative deficiencies in such deposits 22 for prior months, and an additional $8,000,000 shall be 23 deposited in the Illinois Sports Facilities Fund and credited 24 to the Advance Account each fiscal year by making monthly 25 deposits in the amount of 1/8 of $8,000,000 plus any 26 cumulative deficiencies in such deposits for prior months. 27 (The deposits of the additional $8,000,000 during each fiscal 28 year shall be treated as advances of funds to the Illinois 29 Sports Facilities Authority for its corporate purposes to the 30 extent paid to the Authority or its trustee and shall be 31 repaid into the General Revenue Fund in the State Treasury by 32 the State Treasurer on behalf of the Authority solely from 33 collections of the tax imposed by the Authority pursuant to 34 Section 19 of the Illinois Sports Facilities Act, as HB0708 Engrossed -283- LRB9203186EGfg 1 amended.) 2 Of the remaining 60% of the amount of total net proceeds 3 from the tax imposed by subsection (a) of Section 3 after all 4 required deposits in the Illinois Sports Facilities Fund, the 5 amount equal to 8% of the net revenue realized from the Hotel 6 Operators' Occupation Tax Act plus an amount equal to 8% of 7 the net revenue realized from any tax imposed under Section 8 4.05 of the Chicago World's Fair-1992 Authority during the 9 preceding month shall be deposited in the Local Tourism Fund 10 each month for purposes authorized by Section 605-705 of the 11 Department of Commerce and Community Affairs Law (20 ILCS 12 605/605-705) in the Local Tourism Fund, and beginning August 13 1, 1999, the amount equal to 6% of the net revenue realized 14 from the Hotel Operators' Occupation Tax Act during the 15 preceding month shall be deposited into the International 16 Tourism Fund for the purposes authorized in Section 605-725 17 of the Department of Commerce and Community Affairs Law46.6d18of the Civil Administrative Code of Illinois. "Net revenue 19 realized for a month" means the revenue collected by the 20 State under that Act during the previous month less the 21 amount paid out during that same month as refunds to 22 taxpayers for overpayment of liability under that Act. 23 After making all these deposits, all other proceeds of 24 the tax imposed under subsection (a) of Section 3 shall be 25 deposited in the General Revenue Fund in the State Treasury. 26 All moneys received by the Department from the additional tax 27 imposed under subsection (b) of Section 3 shall be deposited 28 into the Build Illinois Fund in the State Treasury. 29 The Department may, upon separate written notice to a 30 taxpayer, require the taxpayer to prepare and file with the 31 Department on a form prescribed by the Department within not 32 less than 60 days after receipt of the notice an annual 33 information return for the tax year specified in the notice. 34 Such annual return to the Department shall include a HB0708 Engrossed -284- LRB9203186EGfg 1 statement of gross receipts as shown by the operator's last 2 State income tax return. If the total receipts of the 3 business as reported in the State income tax return do not 4 agree with the gross receipts reported to the Department for 5 the same period, the operator shall attach to his annual 6 information return a schedule showing a reconciliation of the 7 2 amounts and the reasons for the difference. The operator's 8 annual information return to the Department shall also 9 disclose pay roll information of the operator's business 10 during the year covered by such return and any additional 11 reasonable information which the Department deems would be 12 helpful in determining the accuracy of the monthly, quarterly 13 or annual tax returns by such operator as hereinbefore 14 provided for in this Section. 15 If the annual information return required by this Section 16 is not filed when and as required the taxpayer shall be 17 liable for a penalty in an amount determined in accordance 18 with Section 3-4 of the Uniform Penalty and Interest Act 19 until such return is filed as required, the penalty to be 20 assessed and collected in the same manner as any other 21 penalty provided for in this Act. 22 The chief executive officer, proprietor, owner or highest 23 ranking manager shall sign the annual return to certify the 24 accuracy of the information contained therein. Any person 25 who willfully signs the annual return containing false or 26 inaccurate information shall be guilty of perjury and 27 punished accordingly. The annual return form prescribed by 28 the Department shall include a warning that the person 29 signing the return may be liable for perjury. 30 The foregoing portion of this Section concerning the 31 filing of an annual information return shall not apply to an 32 operator who is not required to file an income tax return 33 with the United States Government. 34 (Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00; HB0708 Engrossed -285- LRB9203186EGfg 1 91-604, eff. 8-16-99; revised 10-27-99.) 2 (Text of Section after amendment by P.A. 91-935) 3 Sec. 6. Except as provided hereinafter in this Section, 4 on or before the last day of each calendar month, every 5 person engaged in the business of renting, leasing or letting 6 rooms in a hotel in this State during the preceding calendar 7 month shall file a return with the Department, stating: 8 1. The name of the operator; 9 2. His residence address and the address of his 10 principal place of business and the address of the 11 principal place of business (if that is a different 12 address) from which he engages in the business of 13 renting, leasing or letting rooms in a hotel in this 14 State; 15 3. Total amount of rental receipts received by him 16 during the preceding calendar month from renting, leasing 17 or letting rooms during such preceding calendar month; 18 4. Total amount of rental receipts received by him 19 during the preceding calendar month from renting, leasing 20 or letting rooms to permanent residents during such 21 preceding calendar month; 22 5. Total amount of other exclusions from gross 23 rental receipts allowed by this Act; 24 6. Gross rental receipts which were received by him 25 during the preceding calendar month and upon the basis of 26 which the tax is imposed; 27 7. The amount of tax due; 28 8. Such other reasonable information as the 29 Department may require. 30 If the operator's average monthly tax liability to the 31 Department does not exceed $200, the Department may authorize 32 his returns to be filed on a quarter annual basis, with the 33 return for January, February and March of a given year being 34 due by April 30 of such year; with the return for April, May HB0708 Engrossed -286- LRB9203186EGfg 1 and June of a given year being due by July 31 of such year; 2 with the return for July, August and September of a given 3 year being due by October 31 of such year, and with the 4 return for October, November and December of a given year 5 being due by January 31 of the following year. 6 If the operator's average monthly tax liability to the 7 Department does not exceed $50, the Department may authorize 8 his returns to be filed on an annual basis, with the return 9 for a given year being due by January 31 of the following 10 year. 11 Such quarter annual and annual returns, as to form and 12 substance, shall be subject to the same requirements as 13 monthly returns. 14 Notwithstanding any other provision in this Act 15 concerning the time within which an operator may file his 16 return, in the case of any operator who ceases to engage in a 17 kind of business which makes him responsible for filing 18 returns under this Act, such operator shall file a final 19 return under this Act with the Department not more than 1 20 month after discontinuing such business. 21 Where the same person has more than 1 business registered 22 with the Department under separate registrations under this 23 Act, such person shall not file each return that is due as a 24 single return covering all such registered businesses, but 25 shall file separate returns for each such registered 26 business. 27 In his return, the operator shall determine the value of 28 any consideration other than money received by him in 29 connection with the renting, leasing or letting of rooms in 30 the course of his business and he shall include such value in 31 his return. Such determination shall be subject to review 32 and revision by the Department in the manner hereinafter 33 provided for the correction of returns. 34 Where the operator is a corporation, the return filed on HB0708 Engrossed -287- LRB9203186EGfg 1 behalf of such corporation shall be signed by the president, 2 vice-president, secretary or treasurer or by the properly 3 accredited agent of such corporation. 4 The person filing the return herein provided for shall, 5 at the time of filing such return, pay to the Department the 6 amount of tax herein imposed. The operator filing the return 7 under this Section shall, at the time of filing such return, 8 pay to the Department the amount of tax imposed by this Act 9 less a discount of 2.1% or $25 per calendar year, whichever 10 is greater, which is allowed to reimburse the operator for 11 the expenses incurred in keeping records, preparing and 12 filing returns, remitting the tax and supplying data to the 13 Department on request. 14 There shall be deposited in the Build Illinois Fund in 15 the State Treasury for each State fiscal year 40% of the 16 amount of total net proceeds from the tax imposed by 17 subsection (a) of Section 3. Of the remaining 60%, 18 $5,000,000 shall be deposited in the Illinois Sports 19 Facilities Fund and credited to the Subsidy Account each 20 fiscal year by making monthly deposits in the amount of 1/8 21 of $5,000,000 plus cumulative deficiencies in such deposits 22 for prior months, and an additional $8,000,000 shall be 23 deposited in the Illinois Sports Facilities Fund and credited 24 to the Advance Account each fiscal year by making monthly 25 deposits in the amount of 1/8 of $8,000,000 plus any 26 cumulative deficiencies in such deposits for prior months; 27 provided, that for fiscal years ending after June 30, 2001, 28 the amount to be so deposited into the Illinois Sports 29 Facilities Fund and credited to the Advance Account each 30 fiscal year shall be increased from $8,000,000 to the then 31 applicable Advance Amount and the required monthly deposits 32 beginning with July 2001 shall be in the amount of 1/8 of the 33 then applicable Advance Amount plus any cumulative 34 deficiencies in those deposits for prior months. (The HB0708 Engrossed -288- LRB9203186EGfg 1 deposits of the additional $8,000,000 or the then applicable 2 Advance Amount, as applicable, during each fiscal year shall 3 be treated as advances of funds to the Illinois Sports 4 Facilities Authority for its corporate purposes to the extent 5 paid to the Authority or its trustee and shall be repaid into 6 the General Revenue Fund in the State Treasury by the State 7 Treasurer on behalf of the Authority pursuant to Section 19 8 of the Illinois Sports Facilities Authority Act, as amended. 9 If in any fiscal year the full amount of the then applicable 10 Advance Amount is not repaid into the General Revenue Fund, 11 then the deficiency shall be paid from the amount in the 12 Local Government Distributive Fund that would otherwise be 13 allocated to the City of Chicago under the State Revenue 14 Sharing Act.) 15 For purposes of the foregoing paragraph, the term 16 "Advance Amount" means, for fiscal year 2002, $22,179,000, 17 and for subsequent fiscal years through fiscal year 2032, 18 105.615% of the Advance Amount for the immediately preceding 19 fiscal year, rounded up to the nearest $1,000. 20 Of the remaining 60% of the amount of total net proceeds 21 from the tax imposed by subsection (a) of Section 3 after all 22 required deposits in the Illinois Sports Facilities Fund, the 23 amount equal to 8% of the net revenue realized from the Hotel 24 Operators' Occupation Tax Act plus an amount equal to 8% of 25 the net revenue realized from any tax imposed under Section 26 4.05 of the Chicago World's Fair-1992 Authority Act during 27 the preceding month shall be deposited in the Local Tourism 28 Fund each month for purposes authorized by Section 605-705 of 29 the Department of Commerce and Community Affairs Law (20 ILCS 30 605/605-705) in the Local Tourism Fund, and beginning August 31 1, 1999 the amount equal to 6% of the net revenue realized 32 from the Hotel Operators' Occupation Tax Act during the 33 preceding month shall be deposited into the International 34 Tourism Fund for the purposes authorized in Section 46.6d of HB0708 Engrossed -289- LRB9203186EGfg 1 the Civil Administrative Code of Illinois. "Net revenue 2 realized for a month" means the revenue collected by the 3 State under that Act during the previous month less the 4 amount paid out during that same month as refunds to 5 taxpayers for overpayment of liability under that Act. 6 After making all these deposits, all other proceeds of 7 the tax imposed under subsection (a) of Section 3 shall be 8 deposited in the General Revenue Fund in the State Treasury. 9 All moneys received by the Department from the additional tax 10 imposed under subsection (b) of Section 3 shall be deposited 11 into the Build Illinois Fund in the State Treasury. 12 The Department may, upon separate written notice to a 13 taxpayer, require the taxpayer to prepare and file with the 14 Department on a form prescribed by the Department within not 15 less than 60 days after receipt of the notice an annual 16 information return for the tax year specified in the notice. 17 Such annual return to the Department shall include a 18 statement of gross receipts as shown by the operator's last 19 State income tax return. If the total receipts of the 20 business as reported in the State income tax return do not 21 agree with the gross receipts reported to the Department for 22 the same period, the operator shall attach to his annual 23 information return a schedule showing a reconciliation of the 24 2 amounts and the reasons for the difference. The operator's 25 annual information return to the Department shall also 26 disclose pay roll information of the operator's business 27 during the year covered by such return and any additional 28 reasonable information which the Department deems would be 29 helpful in determining the accuracy of the monthly, quarterly 30 or annual tax returns by such operator as hereinbefore 31 provided for in this Section. 32 If the annual information return required by this Section 33 is not filed when and as required the taxpayer shall be 34 liable for a penalty in an amount determined in accordance HB0708 Engrossed -290- LRB9203186EGfg 1 with Section 3-4 of the Uniform Penalty and Interest Act 2 until such return is filed as required, the penalty to be 3 assessed and collected in the same manner as any other 4 penalty provided for in this Act. 5 The chief executive officer, proprietor, owner or highest 6 ranking manager shall sign the annual return to certify the 7 accuracy of the information contained therein. Any person 8 who willfully signs the annual return containing false or 9 inaccurate information shall be guilty of perjury and 10 punished accordingly. The annual return form prescribed by 11 the Department shall include a warning that the person 12 signing the return may be liable for perjury. 13 The foregoing portion of this Section concerning the 14 filing of an annual information return shall not apply to an 15 operator who is not required to file an income tax return 16 with the United States Government. 17 (Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00; 18 91-604, eff. 8-16-99; 91-935, eff. 6-1-01.) 19 Section 38. The Property Tax Code is amended by changing 20 Sections 15-35, 15-105, and 27-10 and setting forth and 21 renumbering multiple versions of the Article 10, Division 11 22 heading and Sections 10-235 and 10-240 as follows: 23 (35 ILCS 200/Art. 10, Div. 11 heading) 24 DIVISION 11. LOW-INCOME HOUSING 25 (35 ILCS 200/10-235) 26 Sec. 10-235. Section 515 low-income housing project 27 valuation policy; intent. It is the policy of this State that 28 low-income housing projects under Section 515 of the federal 29 Housing Act shall be valued at 33 and one-third percent of 30 the fair market value of their economic productivity to the 31 owners of the projects to help insure that their valuation HB0708 Engrossed -291- LRB9203186EGfg 1 for property taxation does not result in taxes so high that 2 rent levels must be raised to cover this project expense, 3 which can cause excess vacancies, project loan defaults, and 4 eventual loss of rental housing facilities for those most in 5 need of them, low-income families and the elderly. It is the 6 intent of this State that the valuation required by this 7 Division is the closest representation of cash value required 8 by law and is the method established as proper and fair. 9 (Source: P.A. 91-651, eff. 1-1-00.) 10 (35 ILCS 200/10-240) 11 Sec. 10-240. Definition of Section 515 low-income housing 12 projects. "Section 515 low-income housing projects" mean 13 rental apartment facilities (i) developed and managed under a 14 United States Department of Agriculture Rural Rental Housing 15 Program designed to provide affordable housing to low to 16 moderate income families and seniors in rural communities 17 with populations under 20,000, (ii) that receive a subsidy in 18 the form of a 1% loan interest rate and a 50-year 19 amortization of the mortgage, (iii) that would not have been 20 built without a Section 515 interest credit subsidy, and (iv) 21 where the owners of the projects are limited to an annual 22 profit of an 8% return on a 5% equity investment, which may 23 result in a modest cash flow to owners of the projects unless 24 actual expenses, including property taxes, exceed budget 25 projections, in which case no profit may be realized. 26 (Source: P.A. 91-651, eff. 1-1-00.) 27 (35 ILCS 200/10-260) 28 Sec. 10-260.10-235.Low-income housing. In determining 29 the fair cash value of property receiving benefits from the 30 Low-Income Housing Tax Credit authorized by Section 42 of the 31 Internal Revenue Code, 26 U.S.C. 42, emphasis shall be given 32 to the income approach, except in those circumstances where HB0708 Engrossed -292- LRB9203186EGfg 1 another method is clearly more appropriate. 2 (Source: P.A. 91-502, eff. 8-13-99; revised 1-10-00.) 3 (35 ILCS 200/Art. 10, Div. 12 heading) 4 DIVISION 12.11.VETERANS ORGANIZATION PROPERTY 5 (35 ILCS 200/10-300) 6 Sec. 10-300.10-240.Veterans organization assessment 7 freeze. 8 (a) For the taxable year 2000 and thereafter, the 9 assessed value of real property owned and used by a veterans 10 organization chartered under federal law, on which is located 11 the principal building for the post, camp, or chapter, must 12 be frozen by the chief county assessment officer at (i) 15% 13 of the 1999 assessed value of the property for property that 14 qualifies for the assessment freeze in taxable year 2000 or 15 (ii) 15% of the assessed value of the property for the 16 taxable year that the property first qualifies for the 17 assessment freeze after taxable year 2000. If, in any year, 18 improvements or additions are made to the property that would 19 increase the assessed value of the property were it not for 20 this Section, then 15% of the assessed value of such 21 improvements shall be added to the assessment of the property 22 for that year and all subsequent years the property is 23 eligible for the freeze. 24 (b) The veterans organization must annually submit an 25 application to the chief county assessment officer on or 26 before (i) January 31 of the assessment year in counties with 27 a population of 3,000,000 or more and (ii) December 31 of the 28 assessment year in all other counties. The initial 29 application must contain the information required by the 30 Department of Revenue, including (i) a copy of the 31 organization's congressional charter, (ii) the location or 32 description of the property on which is located the principal HB0708 Engrossed -293- LRB9203186EGfg 1 building for the post, camp, or chapter, (iii) a written 2 instrument evidencing that the organization is the record 3 owner or has a legal or equitable interest in the property, 4 (iv) an affidavit that the organization is liable for paying 5 the real property taxes on the property, and (v) the 6 signature of the organization's chief presiding officer. 7 Subsequent applications shall include any changes in the 8 initial application and shall be signed by the organization's 9 chief presiding officer. All applications shall be 10 notarized. 11 (c) This Section shall not apply to parcels exempt under 12 Section 15-145. 13 (Source: P.A. 91-635, eff. 8-20-99; revised 1-10-00.) 14 (35 ILCS 200/15-35) 15 Sec. 15-35. Schools. All property donated by the United 16 States for school purposes, and all property of schools, not 17 sold or leased or otherwise used with a view to profit, is 18 exempt, whether owned by a resident or non-resident of this 19 State or by a corporation incorporated in any state of the 20 United States. Also exempt is: 21 (a) property of schools which is leased to a 22 municipality to be used for municipal purposes on a 23 not-for-profit basis; 24 (b) property of schools on which the schools are 25 located and any other property of schools used by the 26 schools exclusively for school purposes, including, but 27 not limited to, student residence halls, dormitories and 28 other housing facilities for students and their spouses 29 and children, staff housing facilities, and school-owned 30 and operated dormitory or residence halls occupied in 31 whole or in part by students who belong to fraternities, 32 sororities, or other campus organizations; 33 (c) property donated, granted, received or used for HB0708 Engrossed -294- LRB9203186EGfg 1 public school, college, theological seminary, university, 2 or other educational purposes, whether held in trust or 3 absolutely; 4 (d) in counties with more than 200,000 inhabitants 5 which classify property, property (including interests in 6 land and other facilities) on or adjacent to (even if 7 separated by a public street, alley, sidewalk, parkway or 8 other public way) the grounds of a school, if that 9 property is used by an academic, research or professional 10 society, institute, association or organization which 11 serves the advancement of learning in a field or fields 12 of study taught by the school and which property is not 13 used with a view to profit;and14 (e) property owned by a school district. The 15 exemption under this subsection is not affected by any 16 transaction in which, for the purpose of obtaining 17 financing, the school district, directly or indirectly, 18 leases or otherwise transfers the property to another for 19 which or whom property is not exempt and immediately 20 after the lease or transfer enters into a leaseback or 21 other agreement that directly or indirectly gives the 22 school district a right to use, control, and possess the 23 property. In the case of a conveyance of the property, 24 the school district must retain an option to purchase the 25 property at a future date or, within the limitations 26 period for reverters, the property must revert back to 27 the school district. 28 (1) If the property has been conveyed as 29 described in this subsection, the property is no 30 longer exempt under this Section as of the date 31 when: 32 (A) the right of the school district to 33 use, control, and possess the property is 34 terminated; HB0708 Engrossed -295- LRB9203186EGfg 1 (B) the school district no longer has an 2 option to purchase or otherwise acquire the 3 property; and 4 (C) there is no provision for a reverter 5 of the property to the school district within 6 the limitations period for reverters. 7 (2) Pursuant to Sections 15-15 and 15-20 of 8 this Code, the school district shall notify the 9 chief county assessment officer of any transaction 10 under this subsection. The chief county assessment 11 officer shall determine initial and continuing 12 compliance with the requirements of this subsection 13 for tax exemption. Failure to notify the chief 14 county assessment officer of a transaction under 15 this subsection or to otherwise comply with the 16 requirements of Sections 15-15 and 15-20 of this 17 Code shall, in the discretion of the chief county 18 assessment officer, constitute cause to terminate 19 the exemption, notwithstanding any other provision 20 of this Code. 21 (3) No provision of this subsection shall be 22 construed to affect the obligation of the school 23 district to which an exemption certificate has been 24 issued under this Section from its obligation under 25 Section 15-10 of this Code to file an annual 26 certificate of status or to notify the chief county 27 assessment officer of transfers of interest or other 28 changes in the status of the property as required by 29 this Code. 30 (4) The changes made by this amendatory Act of 31 the 91st General Assembly are declarative of 32 existing law and shall not be construed as a new 33 enactment; and.34 (f)(e)in counties with more than 200,000 HB0708 Engrossed -296- LRB9203186EGfg 1 inhabitants which classify property, property of a 2 corporation, which is an exempt entity under paragraph 3 (3) of Section 501(c) of the Internal Revenue Code or its 4 successor law, used by the corporation for the following 5 purposes: (1) conducting continuing education for 6 professional development of personnel in energy-related 7 industries; (2) maintaining a library of energy 8 technology information available to students and the 9 public free of charge; and (3) conducting research in 10 energy and environment, which research results could be 11 ultimately accessible to persons involved in education. 12 (Source: P.A. 90-655, eff. 7-30-98; 91-513, eff. 8-13-99; 13 91-578, eff. 8-14-99; revised 10-20-99.) 14 (35 ILCS 200/15-105) 15 Sec. 15-105. Park and conservation districts. 16 (a) All property within a park or conservation district 17 with 2,000,000 or more inhabitants and owned by that district 18 is exempt, as is all property located outside the district 19 but owned by it and used as a nursery, garden, or farm for 20 the growing of shrubs, trees, flowers and plants for use in 21 beautifying, maintaining and operating playgrounds, parks, 22 parkways, public grounds, and buildings owned or controlled 23 by the district. 24 (b) All property belonging to any park or conservation 25 district with less than 2,000,000 inhabitants is exempt. All 26 property leased to such park district for $1 or less per year 27 and used exclusively as open space for recreational purposes 28 not exceeding 50 acres in the aggregate for each district is 29 exempt. 30 (c)Also exempt isAll property belonging to a park 31 district organized pursuant to the Metro-East Park and 32 Recreation District Act is exempt. 33 (Source: P.A. 91-103, eff. 7-13-99; 91-490, eff. 8-13-99; HB0708 Engrossed -297- LRB9203186EGfg 1 revised 10-7-99.) 2 (35 ILCS 200/27-10) 3 Sec. 27-10. Providing special services. In any case in 4 which a municipality or county exercises the power granted in 5 itemPart(6) of Section 7 of Article VII of the Illinois 6 Constitution,or in item (2) of subsection (l)Part (2),7paragraph Lof Section 6 of Article VII,of the Illinois 8 Constitution to provide special services, a tax to provide 9 those special servicesserviceor provide for the payment of 10 debt incurred for that purpose shall be levied or imposed in 11 accordance with this Article. 12 (Source: P.A. 78-901; 88-455; revised 2-9-00.) 13 Section 39. The Motor Fuel Tax Law is amended by 14 changing Sections 1.2, 1.14, and 8 as follows: 15 (35 ILCS 505/1.2) (from Ch. 120, par. 417.2) 16 Sec. 1.2. Distributor. "Distributor" means a person who 17 either (i) produces, refines, blends, compounds or 18 manufactures motor fuel in this State, or (ii) transports 19 motor fuel into this State, or (iii) engages in the 20 distribution of motor fuel primarily by tank car or tank 21 truck, or both, and who operates an Illinois bulk plant where 22 he or she has active bulk storage capacity of not less than 23 30,000 gallons for gasoline as defined in item (A) of Section 24 5 of this Law. 25 "Distributor" does not, however, include a person who 26 receives or transports into this State and sells or uses 27 motor fuel under such circumstances as preclude the 28 collection of the tax herein imposed, by reason of the 29 provisions of the constitution and statutes of the United 30 States. However, a person operating a motor vehicle into the 31 State, may transport motor fuel in the ordinary fuel tank HB0708 Engrossed -298- LRB9203186EGfg 1 attached to the motor vehicle for the operation of the motor 2 vehicle, without being considered a distributor. Any 3 railroad licensed as a bulk user and registered under Section 4 18c-7201 of the Illinois Vehicle Code may deliver special 5 fuel directly into the fuel supply tank of a locomotive 6 owned, operated, or controlled by any other railroad 7 registered under Section 18c-7201 of the Illinois Vehicle 8 Code without being considered a distributor. 9 (Source: P.A. 91-173, eff. 1-1-00; 91-198, eff. 7-20-99; 10 revised 10-12-99.) 11 (35 ILCS 505/1.14) (from Ch. 120, par. 417.14) 12 Sec. 1.14. Supplier. "Supplier" means any person other 13 than a licensed distributor who (i) transports special fuel 14 into this State or (ii) engages in the distribution of 15 special fuel primarily by tank car or tank truck, or both, 16 and who operates an Illinois bulk plant where he has active 17 bulk storage capacity of not less than 30,000 gallons for 18 special fuel as defined in Section 1.13 of this Law. 19 "Supplier" does not, however, include a person who 20 receives or transports into this State and sells or uses 21 special fuel under such circumstances as preclude the 22 collection of the tax herein imposed, by reason of the 23 provisions of the Constitution and laws of the United States. 24 However, a person operating a motor vehicle into the State, 25 may transport special fuel in the ordinary fuel tank attached 26 to the motor vehicle for the operation of the motor vehicle 27 without being considered a supplier. Any railroad licensed as 28 a bulk user and registered under Section 18c-7201 of the 29 Illinois Vehicle Code may deliver special fuel directly into 30 the fuel supply tank of a locomotive owned, operated, or 31 controlled by any other railroad registered under Section 32 18c-7201 of the Illinois Vehicle Code without being 33 considered a supplier. HB0708 Engrossed -299- LRB9203186EGfg 1 (Source: P.A. 91-173, eff. 1-1-00; 91-198, eff. 7-20-99; 2 revised 10-12-99.) 3 (35 ILCS 505/8) (from Ch. 120, par. 424) 4 Sec. 8. Except as provided in Sections 8a and 13a.6 and 5 items 13, 14, 15, and 16 of Section 15, all money received by 6 the Department under this Act, including payments made to the 7 Department by member jurisdictions participating in the 8 International Fuel Tax Agreement, shall be deposited in a 9 special fund in the State treasury, to be known as the "Motor 10 Fuel Tax Fund", and shall be used as follows: 11 (a) 2 1/2 cents per gallon of the tax collected on 12 special fuel under paragraph (b) of Section 2 and Section 13a 13 of this Act shall be transferred to the State Construction 14 Account Fund in the State Treasury; 15 (b) $420,000 shall be transferred each month to the 16 State Boating Act Fund to be used by the Department of 17 Natural Resources for the purposes specified in Article X of 18 the Boat Registration and Safety Act; 19 (c) $2,250,000 shall be transferred each month to the 20 Grade Crossing Protection Fund to be used as follows: not 21 less than $6,000,000 each fiscal year shall be used for the 22 construction or reconstruction of rail highway grade 23 separation structures; beginning with fiscal year 1997 and 24 ending in fiscal year 2000, $1,500,000, beginning with fiscal 25 year 2001 and ending in fiscal year 2003, $2,250,000, and 26 $750,000 in fiscal year 2004 and each fiscal year thereafter 27 shall be transferred to the Transportation Regulatory Fund 28 and shall be accounted for as part of the rail carrier 29 portion of such funds and shall be used to pay the cost of 30 administration of the Illinois Commerce Commission's railroad 31 safety program in connection with its duties under subsection 32 (3) of Section 18c-7401 of the Illinois Vehicle Code, with 33 the remainder to be used by the Department of Transportation HB0708 Engrossed -300- LRB9203186EGfg 1 upon order of the Illinois Commerce Commission, to pay that 2 part of the cost apportioned by such Commission to the State 3 to cover the interest of the public in the use of highways, 4 roads, streets, or pedestrian walkways in the county highway 5 system, township and district road system, or municipal 6 street system as defined in the Illinois Highway Code, as the 7 same may from time to time be amended, for separation of 8 grades, for installation, construction or reconstruction of 9 crossing protection or reconstruction, alteration, relocation 10 including construction or improvement of any existing highway 11 necessary for access to property or improvement of any grade 12 crossing including the necessary highway approaches thereto 13 of any railroad across the highway or public road, or for the 14 installation, construction, reconstruction, or maintenance of 15 a pedestrian walkway over or under a railroad right-of-way, 16 as provided for in and in accordance with Section 18c-7401 of 17 the Illinois Vehicle Code. The Commission shall not order 18 more than $2,000,000 per year in Grade Crossing Protection 19 Fund moneys for pedestrian walkways. In entering orders for 20 projects for which payments from the Grade Crossing 21 Protection Fund will be made, the Commission shall account 22 for expenditures authorized by the orders on a cash rather 23 than an accrual basis. For purposes of this requirement an 24 "accrual basis" assumes that the total cost of the project is 25 expended in the fiscal year in which the order is entered, 26 while a "cash basis" allocates the cost of the project among 27 fiscal years as expenditures are actually made. To meet the 28 requirements of this subsection, the Illinois Commerce 29 Commission shall develop annual and 5-year project plans of 30 rail crossing capital improvements that will be paid for with 31 moneys from the Grade Crossing Protection Fund. The annual 32 project plan shall identify projects for the succeeding 33 fiscal year and the 5-year project plan shall identify 34 projects for the 5 directly succeeding fiscal years. The HB0708 Engrossed -301- LRB9203186EGfg 1 Commission shall submit the annual and 5-year project plans 2 for this Fund to the Governor, the President of the Senate, 3 the Senate Minority Leader, the Speaker of the House of 4 Representatives, and the Minority Leader of the House of 5 Representatives on the first Wednesday in April of each year; 6 (d) of the amount remaining after allocations provided 7 for in subsections (a), (b) and (c), a sufficient amount 8 shall be reserved to pay all of the following: 9 (1) the costs of the Department of Revenue in 10 administering this Act; 11 (2) the costs of the Department of Transportation 12 in performing its duties imposed by the Illinois Highway 13 Code for supervising the use of motor fuel tax funds 14 apportioned to municipalities, counties and road 15 districts; 16 (3) refunds provided for in Section 13 of this Act 17 and under the terms of the International Fuel Tax 18 Agreement referenced in Section 14a; 19 (4) from October 1, 1985 until June 30, 1994, the 20 administration of the Vehicle Emissions Inspection Law, 21 which amount shall be certified monthly by the 22 Environmental Protection Agency to the State Comptroller 23 and shall promptly be transferred by the State 24 Comptroller and Treasurer from the Motor Fuel Tax Fund to 25 the Vehicle Inspection Fund, and for the period July 1, 26 1994 through June 30, 20002006, one-twelfth of 27 $25,000,000 each month, and for the period July 1, 2000 28 through June 30, 2006, one-twelfth of $30,000,000 each 29 month, for the administration of the Vehicle Emissions 30 Inspection Law of 1995, to be transferred by the State 31 Comptroller and Treasurer from the Motor Fuel Tax Fund 32 into the Vehicle Inspection Fund; 33 (5) amounts ordered paid by the Court of Claims; 34 and HB0708 Engrossed -302- LRB9203186EGfg 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 HB0708 Engrossed -303- LRB9203186EGfg 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 HB0708 Engrossed -304- LRB9203186EGfg 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 HB0708 Engrossed -305- LRB9203186EGfg 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 HB0708 Engrossed -306- LRB9203186EGfg 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; 91-704, eff. 7-1-00; 91-725, eff. 6-2-00; 91-794, 18 eff. 6-9-00; revised 6-28-00.) 19 Section 39.5. The Telecommunications Municipal 20 Infrastructure Maintenance Fee Act is amended by changing 21 Section 22 as follows: 22 (35 ILCS 635/22) 23 Sec. 22. Certificates. It shall be unlawful for any 24 person to engage in business as a telecommunications 25telecomunicationsretailer in this State within the meaning 26 of this Act without first having obtained a certificate of 27 registration to do so from the Department. Application for 28 the certificate shall be made to the Department in a form 29 prescribed and furnished by the Department. Each applicant 30 for a certificate shall furnish to the Department on a form 31 prescribed by the Department and signed by the applicant 32 under penalties of perjury, the following information: HB0708 Engrossed -307- LRB9203186EGfg 1 (1) The name of the applicant. 2 (2) The address of the location at which the 3 applicant proposes to engage in business as a 4 telecommunications retailer in this State. 5 (3) Other information the Department may reasonably 6 require. 7 The Department, upon receipt of an application in proper 8 form, shall issue to the applicant a certificate, in a form 9 prescribed by the Department, which shall permit the 10 applicant to whom it is issued to engage in business as a 11 telecommunications retailer at the place shown on his or her 12 application. No certificate issued under this Act is 13 transferable or assignable. No certificate shall be issued 14 to any person who is in default to the State of Illinois for 15 moneys due under this Act or any other tax Act administered 16 by the Department. Any person aggrieved by any decision of 17 the Department under this Section may, within 20 days after 18 notice of such decision, protest and request a hearing, 19 whereupon the Department shall give notice to such person of 20 the time and place fixed for such hearing and shall hold a 21 hearing in conformity with the provisions of this Act and 22 then issue its final administrative decision in the matter to 23 such person. In the absence of such a protest within 20 24 days, the Department's decision shall become final without 25 any further determination being made or notice given. 26 The Department may, in its discretion, upon application, 27 authorize the payment of the fees imposed under this Act by 28 any telecommunications retailer not otherwise subject to the 29 fees imposed under this Act who, to the satisfaction of the 30 Department, furnishes adequate security to ensure payment of 31 the fees. The telecommunications retailer shall be issued, 32 without charge, a certificate to remit the fees. When so 33 authorized, it shall be the duty of the telecommunications 34 retailer to remit the fees imposed upon the gross charges HB0708 Engrossed -308- LRB9203186EGfg 1 charged by the telecommunications retailer to service 2 addresses in this State for telecommunications in the same 3 manner and subject to the same requirements as a 4 telecommunications retailer operating within this State. 5 (Source: P.A. 90-562, eff. 12-16-97; revised 9-22-00.) 6 Section 40. The Illinois Pension Code is amended by 7 changing Sections 1-109.1, 7-109.3, 15-136, 15-139, 15-154, 8 and 16-138 as follows: 9 (40 ILCS 5/1-109.1) (from Ch. 108 1/2, par. 1-109.1) 10 Sec. 1-109.1. Allocation and Delegation of Fiduciary 11 Duties. 12 (1) Subject to the provisions of Section 22A-113 of this 13 Code and subsections (2) and (3) of this Section, the board 14 of trustees of a retirement system or pension fund 15 established under this Code may: 16 (a) Appoint one or more investment managers as 17 fiduciaries to manage (including the power to acquire and 18 dispose of) any assets of the retirement system or 19 pension fund; and 20 (b) Allocate duties among themselves and designate 21 others as fiduciaries to carry out specific fiduciary 22 activities other than the management of the assets of the 23 retirement system or pension fund. 24 (2) The board of trustees of a pension fund established 25 under Article 5, 6, 8, 9, 10, 11, 12 or 17 of this Code may 26 not transfer its investment authority, nor transfer the 27 assets of the fund to any other person or entity for the 28 purpose of consolidating or merging its assets and management 29 with any other pension fund or public investment authority, 30 unless the board resolution authorizing such transfer is 31 submitted for approval to the contributors and pensioners of 32 the fund at elections held not less than 30 days after the HB0708 Engrossed -309- LRB9203186EGfg 1 adoption of such resolution by the board, and such resolution 2 is approved by a majority of the votes cast on the question 3 in both the contributors election and the pensioners 4 election. The election procedures and qualifications 5 governing the election of trustees shall govern the 6 submission of resolutions for approval under this paragraph, 7 insofar as they may be made applicable. 8 (3) Pursuant to subsections (h) and (i) of Section 6 of 9 Article VII of the Illinois Constitution, the investment 10 authority of boards of trustees of retirement systems and 11 pension funds established under this Code is declared to be a 12 subject of exclusive State jurisdiction, and the concurrent 13 exercise by a home rule unit of any power affecting such 14 investment authority is hereby specifically denied and 15 preempted. 16 (4) For the purposes of this Code, "emerging investment 17 manager" means a qualified investment adviser that manages an 18 investment portfolio of at least $10,000,000 but less than 19 $400,000,000 on January 1, 1993 and is a "minority owned 20 business" or "female owned business" as those terms are 21 defined in theMinority and FemaleBusiness Enterprise for 22 Minorities, Females, and Persons with Disabilities Act. 23 It is hereby declared to be the public policy of the 24 State of Illinois to encourage the trustees of public 25 employee retirement systems to use emerging investment 26 managers in managing their system's assets to the greatest 27 extent feasible within the bounds of financial and fiduciary 28 prudence, and to take affirmative steps to remove any 29 barriers to the full participation of emerging investment 30 managers in investment opportunities afforded by those 31 retirement systems. 32 Each retirement system subject to this Code shall prepare 33 a report to be submitted to the Governor and the General 34 Assembly by September 1 of each year. The report shall HB0708 Engrossed -310- LRB9203186EGfg 1 identify the emerging investment managers used by the system, 2 the percentage of the system's assets under the investment 3 control of emerging investment managers, and the actions it 4 has undertaken to increase the use of emerging investment 5 managers, including encouraging other investment managers to 6 use emerging investment managers as subcontractors when the 7 opportunity arises. 8 The use of an emerging investment manager does not 9 constitute a transfer of investment authority for the 10 purposes of subsection (2) of this Section. 11 (Source: P.A. 86-1488; 87-1265; revised 8-23-99) 12 (40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3) 13 Sec. 7-109.3. "Sheriff's Law Enforcement Employees". 14 (a) "Sheriff's law enforcement employee" or "SLEP" 15 means: 16 (1) A county sheriff and all deputies, other than 17 special deputies, employed on a full time basis in the 18 office of the sheriff. 19 (2) A person who has elected to participate in this 20 Fund under Section 3-109.1 of this Code, and who is 21 employed by a participating municipality to perform 22 police duties. 23 (3) A law enforcement officer employed on a full 24 time basis by a Forest Preserve District, provided that 25 such officer shall be deemed a "sheriff's law enforcement 26 employee" for the purposes of this Article, and service 27 in that capacity shall be deemed to be service as a 28 sheriff's law enforcement employee, only if the board of 29 commissioners of the District have so elected by adoption 30 of an affirmative resolution. Such election, once made, 31 may not be rescinded. 32 (4) A person not eligible to participate in a fund 33 established under Article 3 of this Code who is employed HB0708 Engrossed -311- LRB9203186EGfg 1 on a full-time basis by a participating municipality or 2 participating instrumentality to perform police duties at 3 an airport, but only if the governing authority of the 4 employer has approved sheriff's law enforcement employee 5 status for its airport police employees by adoption of an 6 affirmative resolution. Such approval, once given, may 7 not be rescinded. 8 (b) An employee who is a sheriff's law enforcement 9 employee and is granted military leave or authorized leave of 10 absence shall receive service credit in that capacity. 11 Sheriff's law enforcement employees shall not be entitled to 12 out-of-Stateout of Stateservice credit under Section 7-139. 13 (Source: P.A. 90-448, eff. 8-16-97; revised 9-27-00.) 14 (40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136) 15 Sec. 15-136. Retirement annuities - Amount. The 16 provisions of this Section 15-136 apply only to those 17 participants who are participating in the traditional benefit 18 package or the portable benefit package and do not apply to 19 participants who are participating in the self-managed plan. 20 (a) The amount of a participant's retirement annuity, 21 expressed in the form of a single-life annuity, shall be 22 determined by whichever of the following rules is applicable 23 and provides the largest annuity: 24 Rule 1: The retirement annuity shall be 1.67% of final 25 rate of earnings for each of the first 10 years of service, 26 1.90% for each of the next 10 years of service, 2.10% for 27 each year of service in excess of 20 but not exceeding 30, 28 and 2.30% for each year in excess of 30; or for persons who 29 retire on or after January 1, 1998, 2.2% of the final rate of 30 earnings for each year of service. 31 Rule 2: The retirement annuity shall be the sum of the 32 following, determined from amounts credited to the 33 participant in accordance with the actuarial tables and the HB0708 Engrossed -312- LRB9203186EGfg 1 prescribed rate of interest in effect at the time the 2 retirement annuity begins: 3 (i) the normal annuity which can be provided on an 4 actuarially equivalent basis, by the accumulated normal 5 contributions as of the date the annuity begins; and 6 (ii) an annuity from employer contributions of an 7 amount equal to that which can be provided on an 8 actuarially equivalent basis from the accumulated normal 9 contributions made by the participant under Section 10 15-113.6 and Section 15-113.7 plus 1.4 times all other 11 accumulated normal contributions made by the participant. 12 With respect to a police officer or firefighter who 13 retires on or after August 14, 1998, the accumulated normal 14 contributions taken into account under clauses (i) and (ii) 15 of this Rule 2 shall include the additional normal 16 contributions made by the police officer or firefighter under 17 Section 15-157(a). 18 The amount of a retirement annuity calculated under this 19 Rule 2 shall be computed solely on the basis of the 20 participant's accumulated normal contributions, as specified 21 in this Rule and defined in Section 15-116. Neither an 22 employee or employer contribution for early retirement under 23 Section 15-136.2 nor any other employer contribution shall be 24 used in the calculation of the amount of a retirement annuity 25 under this Rule 2. 26 This amendatory Act of the 91st General Assembly is a 27 clarification of existing law and applies to every 28 participant and annuitant without regard to whether status as 29 an employee terminates before the effective date of this 30 amendatory Act. 31 Rule 3: The retirement annuity of a participant who is 32 employed at least one-half time during the period on which 33 his or her final rate of earnings is based, shall be equal to 34 the participant's years of service not to exceed 30, HB0708 Engrossed -313- LRB9203186EGfg 1 multiplied by (1) $96 if the participant's final rate of 2 earnings is less than $3,500, (2) $108 if the final rate of 3 earnings is at least $3,500 but less than $4,500, (3) $120 if 4 the final rate of earnings is at least $4,500 but less than 5 $5,500, (4) $132 if the final rate of earnings is at least 6 $5,500 but less than $6,500, (5) $144 if the final rate of 7 earnings is at least $6,500 but less than $7,500, (6) $156 if 8 the final rate of earnings is at least $7,500 but less than 9 $8,500, (7) $168 if the final rate of earnings is at least 10 $8,500 but less than $9,500, and (8) $180 if the final rate 11 of earnings is $9,500 or more, except that the annuity for 12 those persons having made an election under Section 13 15-154(a-1) shall be calculated and payable under the 14 portable retirement benefit program pursuant to the 15 provisions of Section 15-136.4. 16 Rule 4: A participant who is at least age 50 and has 25 17 or more years of service as a police officer or firefighter, 18 and a participant who is age 55 or over and has at least 20 19 but less than 25 years of service as a police officer or 20 firefighter, shall be entitled to a retirement annuity of 21 2 1/4% of the final rate of earnings for each of the first 10 22 years of service as a police officer or firefighter, 2 1/2% 23 for each of the next 10 years of service as a police officer 24 or firefighter, and 2 3/4% for each year of service as a 25 police officer or firefighter in excess of 20. The 26 retirement annuity for all other service shall be computed 27 under Rule 1. 28 For purposes of this Rule 4, a participant's service as a 29 firefighter shall also include the following: 30 (i) service that is performed while the person is 31 an employee under subsection (h) of Section 15-107; and 32 (ii) in the case of an individual who was a 33 participating employee employed in the fire department of 34 the University of Illinois's Champaign-Urbana campus HB0708 Engrossed -314- LRB9203186EGfg 1 immediately prior to the elimination of that fire 2 department and who immediately after the elimination of 3 that fire department transferred to another job with the 4 University of Illinois, service performed as an employee 5 of the University of Illinois in a position other than 6 police officer or firefighter, from the date of that 7 transfer until the employee's next termination of service 8 with the University of Illinois. 9 Rule 5: The retirement annuity of a participant who 10 elected early retirement under the provisions of Section 11 15-136.2 and who, on or before February 16, 1995, brought 12 administrative proceedings pursuant to the administrative 13 rules adopted by the System to challenge the calculation of 14 his or her retirement annuity shall be the sum of the 15 following, determined from amounts credited to the 16 participant in accordance with the actuarial tables and the 17 prescribed rate of interest in effect at the time the 18 retirement annuity begins: 19 (i) the normal annuity which can be provided on an 20 actuarially equivalent basis, by the accumulated normal 21 contributions as of the date the annuity begins; and 22 (ii) an annuity from employer contributions of an 23 amount equal to that which can be provided on an 24 actuarially equivalent basis from the accumulated normal 25 contributions made by the participant under Section 26 15-113.6 and Section 15-113.7 plus 1.4 times all other 27 accumulated normal contributions made by the participant; 28 and 29 (iii) an annuity which can be provided on an 30 actuarially equivalent basis from the employee 31 contribution for early retirement under Section 15-136.2, 32 and an annuity from employer contributions of an amount 33 equal to that which can be provided on an actuarially 34 equivalent basis from the employee contribution for early HB0708 Engrossed -315- LRB9203186EGfg 1 retirement under Section 15-136.2. 2 In no event shall a retirement annuity under this Rule 5 3 be lower than the amount obtained by adding (1) the monthly 4 amount obtained by dividing the combined employee and 5 employer contributions made under Section 15-136.2 by the 6 System's annuity factor for the age of the participant at the 7 beginning of the annuity payment period and (2) the amount 8 equal to the participant's annuity if calculated under Rule 9 1, reduced under Section 15-136(b) as if no contributions had 10 been made under Section 15-136.2. 11 With respect to a participant who is qualified for a 12 retirement annuity under this Rule 5 whose retirement annuity 13 began before the effective date of this amendatory Act of the 14 91st General Assembly, and for whom an employee contribution 15 was made under Section 15-136.2, the System shall recalculate 16 the retirement annuity under this Rule 5 and shall pay any 17 additional amounts due in the manner provided in Section 18 15-186.1 for benefits mistakenly set too low. 19 The amount of a retirement annuity calculated under this 20 Rule 5 shall be computed solely on the basis of those 21 contributions specifically set forth in this Rule 5. Except 22 as provided in clause (iii) of this Rule 5, neither an 23 employee nor employer contribution for early retirement under 24 Section 15-136.2, nor any other employer contribution, shall 25 be used in the calculation of the amount of a retirement 26 annuity under this Rule 5. 27 The General Assembly has adopted the changes set forth in 28 Section 25 of this amendatory Act of the 91st General 29 Assembly in recognition that the decision of the Appellate 30 Court for the Fourth District in Mattis v. State Universities 31 Retirement System et al. might be deemed to give some right 32 to the plaintiff in that case. The changes made by Section 33 25 of this amendatory Act of the 91st General Assembly are a 34 legislative implementation of the decision of the Appellate HB0708 Engrossed -316- LRB9203186EGfg 1 Court for the Fourth District in Mattis v. State Universities 2 Retirement System et al. with respect to that plaintiff. 3 The changes made by Section 25 of this amendatory Act of 4 the 91st General Assembly apply without regard to whether the 5 person is in service as an employee on or after its effective 6 date. 7 (b) The retirement annuity provided under Rules 1 and 3 8 above shall be reduced by 1/2 of 1% for each month the 9 participant is under age 60 at the time of retirement. 10 However, this reduction shall not apply in the following 11 cases: 12 (1) For a disabled participant whose disability 13 benefits have been discontinued because he or she has 14 exhausted eligibility for disability benefits under 15 clause (6) of Section 15-152; 16 (2) For a participant who has at least the number 17 of years of service required to retire at any age under 18 subsection (a) of Section 15-135; or 19 (3) For that portion of a retirement annuity which 20 has been provided on account of service of the 21 participant during periods when he or she performed the 22 duties of a police officer or firefighter, if these 23 duties were performed for at least 5 years immediately 24 preceding the date the retirement annuity is to begin. 25 (c) The maximum retirement annuity provided under Rules 26 1, 2, 4, and 5 shall be the lesser of (1) the annual limit of 27 benefits as specified in Section 415 of the Internal Revenue 28 Code of 1986, as such Section may be amended from time to 29 time and as such benefit limits shall be adjusted by the 30 Commissioner of Internal Revenue, and (2) 80% of final rate 31 of earnings. 32 (d) An annuitant whose status as an employee terminates 33 after August 14, 1969 shall receive automatic increases in 34 his or her retirement annuity as follows: HB0708 Engrossed -317- LRB9203186EGfg 1 Effective January 1 immediately following the date the 2 retirement annuity begins, the annuitant shall receive an 3 increase in his or her monthly retirement annuity of 0.125% 4 of the monthly retirement annuity provided under Rule 1, Rule 5 2, Rule 3, Rule 4, or Rule 5, contained in this Section, 6 multiplied by the number of full months which elapsed from 7 the date the retirement annuity payments began to January 1, 8 1972, plus 0.1667% of such annuity, multiplied by the number 9 of full months which elapsed from January 1, 1972, or the 10 date the retirement annuity payments began, whichever is 11 later, to January 1, 1978, plus 0.25% of such annuity 12 multiplied by the number of full months which elapsed from 13 January 1, 1978, or the date the retirement annuity payments 14 began, whichever is later, to the effective date of the 15 increase. 16 The annuitant shall receive an increase in his or her 17 monthly retirement annuity on each January 1 thereafter 18 during the annuitant's life of 3% of the monthly annuity 19 provided under Rule 1, Rule 2, Rule 3, Rule 4, or Rule 5 20 contained in this Section. The change made under this 21 subsection by P.A. 81-970 is effective January 1, 1980 and 22 applies to each annuitant whose status as an employee 23 terminates before or after that date. 24 Beginning January 1, 1990, all automatic annual increases 25 payable under this Section shall be calculated as a 26 percentage of the total annuity payable at the time of the 27 increase, including all increases previously granted under 28 this Article. 29 The change made in this subsection by P.A. 85-1008 is 30 effective January 26, 1988, and is applicable without regard 31 to whether status as an employee terminated before that date. 32 (e) If, on January 1, 1987, or the date the retirement 33 annuity payment period begins, whichever is later, the sum of 34 the retirement annuity provided under Rule 1 or Rule 2 of HB0708 Engrossed -318- LRB9203186EGfg 1 this Section and the automatic annual increases provided 2 under the preceding subsection or Section 15-136.1, amounts 3 to less than the retirement annuity which would be provided 4 by Rule 3, the retirement annuity shall be increased as of 5 January 1, 1987, or the date the retirement annuity payment 6 period begins, whichever is later, to the amount which would 7 be provided by Rule 3 of this Section. Such increased amount 8 shall be considered as the retirement annuity in determining 9 benefits provided under other Sections of this Article. This 10 paragraph applies without regard to whether status as an 11 employee terminated before the effective date of this 12 amendatory Act of 1987, provided that the annuitant was 13 employed at least one-half time during the period on which 14 the final rate of earnings was based. 15 (f) A participant is entitled to such additional annuity 16 as may be provided on an actuarially equivalent basis, by any 17 accumulated additional contributions to his or her credit. 18 However, the additional contributions made by the participant 19 toward the automatic increases in annuity provided under this 20 Section shall not be taken into account in determining the 21 amount of such additional annuity. 22 (g) If, (1) by law, a function of a governmental unit, 23 as defined by Section 20-107 of this Code, is transferred in 24 whole or in part to an employer, and (2) a participant 25 transfers employment from such governmental unit to such 26 employer within 6 months after the transfer of the function, 27 and (3) the sum of (A) the annuity payable to the participant 28 under Rule 1, 2, or 3 of this Section (B) all proportional 29 annuities payable to the participant by all other retirement 30 systems covered by Article 20, and (C) the initial primary 31 insurance amount to which the participant is entitled under 32 the Social Security Act, is less than the retirement annuity 33 which would have been payable if all of the participant's 34 pension credits validated under Section 20-109 had been HB0708 Engrossed -319- LRB9203186EGfg 1 validated under this system, a supplemental annuity equal to 2 the difference in such amounts shall be payable to the 3 participant. 4 (h) On January 1, 1981, an annuitant who was receiving a 5 retirement annuity on or before January 1, 1971 shall have 6 his or her retirement annuity then being paid increased $1 7 per month for each year of creditable service. On January 1, 8 1982, an annuitant whose retirement annuity began on or 9 before January 1, 1977, shall have his or her retirement 10 annuity then being paid increased $1 per month for each year 11 of creditable service. 12 (i) On January 1, 1987, any annuitant whose retirement 13 annuity began on or before January 1, 1977, shall have the 14 monthly retirement annuity increased by an amount equal to 8¢ 15 per year of creditable service times the number of years that 16 have elapsed since the annuity began. 17 (Source: P.A. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448, 18 eff. 8-16-97; 90-576, eff. 3-31-98; 90-655, eff. 7-30-98; 19 90-766, eff. 8-14-98; 91-887 (Sections 20 and 25), eff. 20 7-6-00; revised 8-31-00.) 21 (40 ILCS 5/15-139) (from Ch. 108 1/2, par. 15-139) 22 Sec. 15-139. Retirement annuities; cancellation; 23 suspended during employment. 24 (a) If an annuitant returns to employment for an 25 employer within 60 days after the beginning of the retirement 26 annuity payment period, the retirement annuity shall be 27 cancelled, and the annuitant shall refund to the System the 28 total amount of the retirement annuity payments which he or 29 she received. If the retirement annuity is cancelled, the 30 participant shall continue to participate in the System. 31 (b) If an annuitant retires prior to age 60 and receives 32 or becomes entitled to receive during any month compensation 33 in excess of the monthly retirement annuity (including any HB0708 Engrossed -320- LRB9203186EGfg 1 automatic annual increases) for services performed after the 2 date of retirement for any employer under this System, that 3 portion of the monthly retirement annuity provided by 4 employer contributions shall not be payable. 5 If an annuitant retires at age 60 or over and receives or 6 becomes entitled to receive during any academic year 7 compensation in excess of the difference between his or her 8 highest annual earnings prior to retirement and his or her 9 annual retirement annuity computed under Rule 1, Rule 2, Rule 10 3, Rule 4, or Rule 5 of Section 15-136, or under Section 11 15-136.4, for services performed after the date of retirement 12 for any employer under this System, that portion of the 13 monthly retirement annuity provided by employer contributions 14 shall be reduced by an amount equal to the compensation that 15 exceeds such difference. 16 However, any remuneration received for serving as a 17 member of the Illinois Educational Labor Relations Board 18 shall be excluded from "compensation" for the purposes of 19 this subsection (b), and serving as a member of the Illinois 20 Educational Labor Relations Board shall not be deemed to be a 21 return to employment for the purposes of this Section. This 22 provision applies without regard to whether service was 23 terminated prior to the effective date of this amendatory Act 24 of 1991. 25 (c) If an employer certifies that an annuitant has been 26 reemployed on a permanent and continuous basis or in a 27 position in which the annuitant is expected to serve for at 28 least 9 months, the annuitant shall resume his or her status 29 as a participating employee and shall be entitled to all 30 rights applicable to participating employees upon filing with 31 the board an election to forego all annuity payments during 32 the period of reemployment. Upon subsequent retirement, the 33 retirement annuity shall consist of the annuity which was 34 terminated by the reemployment, plus the additional HB0708 Engrossed -321- LRB9203186EGfg 1 retirement annuity based upon service granted during the 2 period of reemployment, but the combined retirement annuity 3 shall not exceed the maximum annuity applicable on the date 4 of the last retirement. 5 The total service and earnings credited before and after 6 the initial date of retirement shall be considered in 7 determining eligibility of the employee or the employee's 8 beneficiary to benefits under this Article, and in 9 calculating final rate of earnings. 10 In determining the death benefit payable to a beneficiary 11 of an annuitant who again becomes a participating employee 12 under this Section, accumulated normal and additional 13 contributions shall be considered as the sum of the 14 accumulated normal and additional contributions at the date 15 of initial retirement and the accumulated normal and 16 additional contributions credited after that date, less the 17 sum of the annuity payments received by the annuitant. 18 The survivors insurance benefits provided under Section 19 15-145 shall not be applicable to an annuitant who resumes 20 his or her status as a participating employee, unless the 21 annuitant, at the time of initial retirement, has a survivors 22 insurance beneficiary who could qualify for such benefits. 23 If the annuitant's employment is terminated because of 24 circumstances other than death before 9 months from the date 25 of reemployment, the provisions of this Section regarding 26 resumption of status as a participating employee shall not 27 apply. The normal and survivors insurance contributions which 28 are deducted during this period shall be refunded to the 29 annuitant without interest, and subsequent benefits under 30 this Article shall be the same as those which were applicable 31 prior to the date the annuitant resumed employment. 32 The amendments made to this Section by this amendatory 33 Act of the 91st General Assembly apply without regard to 34 whether the annuitant was in service on or after the HB0708 Engrossed -322- LRB9203186EGfg 1 effective date of this amendatory Act. 2 (Source: P.A. 91-887 (Sections 10 and 25), eff. 7-6-00; 3 revised 9-1-00.) 4 (40 ILCS 5/15-154) (from Ch. 108 1/2, par. 15-154) 5 Sec. 15-154. Refunds. 6 (a) A participant whose status as an employee is 7 terminated, regardless of cause, or who has been on lay off 8 status for more than 120 days, and who is not on leave of 9 absence, is entitled to a refund of contributions upon 10 application; except that not more than one such refund 11 application may be made during any academic year. 12 Except as set forth in subsections (a-1) and (a-2), the 13 refund shall be the sum of the accumulated normal, additional 14 and survivors insurance contributions, less the amount of 15 interest credited on these contributions each year in excess 16 of 4 1/2% of the amount on which interest was calculated. 17 (a-1) A person who elects, in accordance with the 18 requirements of Section 15-134.5, to participate in the 19 portable benefit package and who becomes a participating 20 employee under that retirement program upon the conclusion of 21 the one-year waiting period applicable to the portable 22 benefit package election shall have his or her refund 23 calculated in accordance with the provisions of subsection 24 (a-2). 25 (a-2) The refund payable to a participant described in 26 subsection (a-1) shall be the sum of the participant's 27 accumulated normal and additional contributions, as defined 28 in Sections 15-116 and 15-117. If the participant terminates 29 with 5 or more years of service for employment as defined in 30 Section 15-113.1, he or she shall also be entitled to a 31 distribution of employer contributions in an amount equal to 32 the sum of the accumulated normal and additional 33 contributions, as defined in Sections 15-116 and 15-117. HB0708 Engrossed -323- LRB9203186EGfg 1 (b) Upon acceptance of a refund, the participant 2 forfeits all accrued rights and credits in the System, and if 3 subsequently reemployed, the participant shall be considered 4 a new employee subject to all the qualifying conditions for 5 participation and eligibility for benefits applicable to new 6 employees. If such person again becomes a participating 7 employee and continues as such for 2 years, or is employed by 8 an employer and participates for at least 2 years in the 9 Federal Civil Service Retirement System, all such rights, 10 credits, and previous status as a participant shall be 11 restored upon repayment of the amount of the refund, together 12 with compound interest thereon from the date the refund was 13 received to the date of repayment at the rate of 6% per annum 14 through August 31, 1982, and at the effective rates after 15 that date. 16 (c) If a participant covered under the traditional 17 benefit package has made survivors insurance contributions, 18 but has no survivors insurance beneficiary upon retirement, 19 he or she shall be entitled to elect a refund of the 20 accumulated survivors insurance contributions, or to elect an 21 additional annuity the value of which is equal to the 22 accumulated survivors insurance contributions. This election 23 must be made prior to the date the person's retirement 24 annuity is approved by the Board of Trustees. 25 (d) A participant, upon application, is entitled to a 26 refund of his or her accumulated additional contributions 27 attributable to the additional contributions described in the 28 last sentence of subsection (c) of Section 15-157. Upon the 29 acceptance of such a refund of accumulated additional 30 contributions, the participant forfeits all rights and 31 credits which may have accrued because of such contributions. 32 (e) A participant who terminates his or her employee 33 status and elects to waive service credit under Section 34 15-154.2, is entitled to a refund of the accumulated normal, HB0708 Engrossed -324- LRB9203186EGfg 1 additional and survivors insurance contributions, if any, 2 which were credited the participant for this service, or to 3 an additional annuity the value of which is equal to the 4 accumulated normal, additional and survivors insurance 5 contributions, if any; except that not more than one such 6 refund application may be made during any academic year. Upon 7 acceptance of this refund, the participant forfeits all 8 rights and credits accrued because of this service. 9 (f) If a police officer or firefighter receives a 10 retirement annuity under Rule 1 or 3 of Section 15-136, he or 11 she shall be entitled at retirement to a refund of the 12 difference between his or her accumulated normal 13 contributions and the normal contributions which would have 14 accumulated had such person filed a waiver of the retirement 15 formula provided by Rule 4 of Section 15-136. 16 (g) If, at the time of retirement, a participant would 17 be entitled to a retirement annuity under Rule 1, 2, 3, 4, or 18 5 of Section 15-136, or under Section 15-136.4, that exceeds 19 the maximum specified in clause (1) of subsection (c) of 20 Section 15-136, he or she shall be entitled to a refund of 21 the employee contributions, if any, paid under Section 15-157 22 after the date upon which continuance of such contributions 23 would have otherwise caused the retirement annuity to exceed 24 this maximum, plus compound interest at the effective rates. 25 (Source: P.A. 90-448, eff. 8-16-97; 90-576, eff. 3-31-98; 26 90-766, eff. 8-14-98; 91-887 (Sections 10 and 25), eff. 27 7-6-00; revised 9-1-00.) 28 (40 ILCS 5/16-138) (from Ch. 108 1/2, par. 16-138) 29 Sec. 16-138. Refund of contributions upon death of 30 member or annuitant. Upon the death of a member or 31 annuitant, the following amount shall be payable (i) to a 32 beneficiary nominated by written designation of the member or 33 annuitant filed with the system, or (ii) if no beneficiary is HB0708 Engrossed -325- LRB9203186EGfg 1 nominated, to the surviving spouse, or (iii) if no 2 beneficiary is nominated and there is no surviving spouse, to 3 the decedent's estate, upon receipt of proper proof of death: 4 (1) Upon the death of a member, an amount consisting of 5 the sum of the following: (A) the member's accumulated 6 contributions; (B) the sum of the contributions made by the 7 member toward the cost of the automatic increase in annuity 8 under Section 16-152, without interest thereon; and (C) 9 contributions made by the member toward prior service, 10 without interest thereon. 11 (2) Upon the death of an annuitant, unless a 12 reversionary annuity is payable under Section 16-136, an 13 amount determined by subtracting the total amount of monthly 14 annuity payments received as a result of the deceased 15 annuitant's retirement from the sum of: (A) the accumulated 16 contributions at retirement; (B) the sum of the contributions 17 made by the deceased toward the cost of the automatic 18 increase in annuity under Section 16-15216-151, without 19 interest thereon; and (C) any contributions made by the 20 deceased for prior service or other purposes, exclusive of 21 contributions toward the cost of the automatic increase in 22 annuity, without interest thereon. 23 (Source: P.A. 91-887, eff. 7-6-00; revised 9-5-00.) 24 Section 41. The Public Building Commission Act is 25 amended by changing Section 18 as follows: 26 (50 ILCS 20/18) (from Ch. 85, par. 1048) 27 Sec. 18. Whenever, and as often as, a municipal 28 corporation having taxing power enters into a lease with a 29 Public Building Commission, the governing body of such 30 municipal corporation shall provide by ordinance or 31 resolution, as the case may be, for the levy and collection 32 of a direct annual tax sufficient to pay the annual rent HB0708 Engrossed -326- LRB9203186EGfg 1 payable under such lease as and when it becomes due and 2 payable. A certified copy of the lease of such municipal 3 corporation and a certified copy of the tax levying ordinance 4 or resolution, as the case may be, of such municipal 5 corporation shall be filed in the office of the county clerk 6 in each county in which any portion of the territory of such 7 municipal corporation is situated, which certified copies 8 shall constitute the authority for the county clerk or 9 clerks, in each case, to extend the taxes annually necessary 10 to pay the annual rent payable under such lease as and when 11 it becomes due and payable. No taxes shall be extended for 12 any lease entered into after the effective date of this 13 amendatory Act of 1993, however, until after a public hearing 14 on the lease. The clerk or secretary of the governing body of 15 the municipal corporation shall cause notice of the time and 16 place of the hearing to be published at least once, at least 17 15 days before the hearing, in a newspaper published or 18 having general circulation within the municipal corporation. 19 If no such newspaper exists, the clerk or secretary shall 20 cause the notice to be posted, at least 15 days before the 21 hearing, in at least 10 conspicuous places within the 22 municipal corporation. The notice shall be in the following 23 form: 24 NOTICE OF PUBLIC HEARING ON LEASE between (name of the 25 municipal corporation) and (name of the public building 26 commission). 27 A public hearing regarding a lease between (name of the 28 municipal corporation) and (name of the public building 29 commission) will be held by (name of the governing body of 30 the municipal corporation) on (date) at (time) at (location). 31 The largest yearly rental payment set forth in the lease is 32 ($ amount). The maximum length of the lease is (years). 33 The purpose of the lease is (explain in 25 words or 34 less). HB0708 Engrossed -327- LRB9203186EGfg 1 Dated (insert date).this day of .2 By Order of (name of the governing body 3 of the Municipal Corporation) 4 /s/............ 5 Clerk or Secretary.6 At the hearing, all persons residing or owning property 7 in the municipal corporation shall have an opportunity to be 8 heard orally, in writing, or both. 9 Upon the filing of the certified copies of the lease and 10 the tax levying ordinance or resolution in the office of the 11 county clerk or clerks of the proper county or counties, it 12 shall be the duty of such county clerk or clerks to ascertain 13 the rate per cent which, upon the value of all property 14 subject to taxation within the municipal corporation, as that 15 property is assessed or equalized by the Department of 16 Revenue, will produce a net amount of not less than the 17 amount of the annual rent reserved in such lease. The county 18 clerk or clerks shall thereupon, and thereafter annually 19 during the term of the lease, extend taxes against all of the 20 taxable property contained in that municipal corporation 21 sufficient to pay the annual rental reserved in such lease. 22 Such tax shall be levied and collected in like manner with 23 the other taxes of such municipal corporation and shall be in 24 addition to all other taxes now or hereafter authorized to be 25 levied by that municipal corporation. This tax shall not be 26 included within any statutory limitation of rate or amount 27 for that municipal corporation but shall be excluded 28 therefrom and be in addition thereto and in excess thereof. 29 The fund realized from such tax levy shall be set aside for 30 the payment of the annual rent and shall not be disbursed for 31 any other purpose until the annual rental has been paid in 32 full. This Section shall not be construed to limit the power 33 of the Commission to enter into leases with any municipal 34 corporation whether or not the municipal corporation has the HB0708 Engrossed -328- LRB9203186EGfg 1 power of taxation. 2 (Source: P.A. 87-1208; 87-1279; revised 1-10-00.) 3 Section 42. The Local Records Act is amended by changing 4 Section 3b as follows: 5 (50 ILCS 205/3b) 6 Sec. 3b. Arrest reports. 7 (a) When an individual is arrested, the following 8 information must be made available to the news media for 9 inspection and copying: 10 (1) Information that identifies the individual 11person, including the name, age, address, and photograph, 12 when and if available. 13 (2) Information detailing any charges relating to 14 the arrest. 15 (3) The time and location of the arrest. 16 (4) The name of the investigating or arresting law 17 enforcement agency. 18 (5) If the individual is incarcerated, the amount 19 of any bail or bond. 20 (6) If the individual is incarcerated, the time and 21 date that the individual was received, discharged, or 22 transferred from the arresting agency's custody. 23 (b) The information required by this Section must be 24 made available to the news media for inspection and copying 25 as soon as practicable, but in no event shall the time period 26 exceed 72 hours from the arrest. The information described 27 in paragraphs (3), (4), (5), and (6)3, 4, 5, and 6of 28 subsection (a), however, may be withheld if it is determined 29 that disclosure would: 30 (1) interfere with pending or actually and 31 reasonably contemplated law enforcement proceedings 32 conducted by any law enforcement or correctional agency; HB0708 Engrossed -329- LRB9203186EGfg 1 (2) endanger the life or physical safety of law 2 enforcement or correctional personnel or any other 3 person; or 4 (3) compromise the security of any correctional 5 facility. 6 (c) For the purposes of this Section the term "news 7 media" means personnel of a newspaper or other periodical 8 issued at regular intervals, a news service, a radio station, 9 a television station, a community antenna television service, 10 or a person or corporation engaged in making news reels or 11 other motion picture news for public showing. 12 (d) Each law enforcement or correctional agency may 13 charge fees for arrest records, but in no instance may the 14 fee exceed the actual cost of copying and reproduction. The 15 fees may not include the cost of the labor used to reproduce 16 the arrest record. 17 (e) The provisions of this Section do not supersede the 18 confidentiality provisions for arrest records of the Juvenile 19 Court Act of 1987. 20 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.) 21 Section 43. The Emergency Telephone System Act is 22 amended by changing Section 15.6 as follows: 23 (50 ILCS 750/15.6) 24 Sec. 15.6. Enhanced 9-1-1 service; business service. 25 (a) After June 30, 2000, or within 18 months after 26 enhanced 9-1-1 service becomes available, any entity that 27 installs or operates a private business switch service and 28 provides telecommunications facilities or services to 29 businesses shall assure that the system is connected to the 30 public switched network in a manner that calls to 9-1-1 31 result in automatic number and location identification. For 32 buildings having their own street address and containing HB0708 Engrossed -330- LRB9203186EGfg 1 workspace of 40,000 square feet or less, location 2 identification shall include the building's street address. 3 For buildings having their own street address and containing 4 workspace of more than 40,000 square feet, location 5 identification shall include the building's street address 6 and one distinct location identification per 40,000 square 7 feet of workspace. Separate buildings containing workspace of 8 40,000 square feet or less having a common public street 9 address shall have a distinct location identification for 10 each building in addition to the street address. 11 (b) Exemptions. Buildings containing workspace of more 12 than 40,000 square feet are exempt from the multiple location 13 identification requirements of subsection (a) if the building 14 maintains, at all times, alternative and adequate means of 15 signaling and responding to emergencies. Those means shall 16 include, but not be limited to, a telephone system that 17 provides the physical location of 9-1-1 calls coming from 18 within the building. Health care facilities are presumed to 19 meet the requirements of this paragraph if the facilities are 20 staffed with medical or nursing personnel 24 hours per day 21 and if an alternative means of providing information about 22 the source of an emergency call exists. Buildings under this 23 exemption must provide 9-1-1 service that provides the 24 building's street address. 25 Buildings containing workspace of more than 40,000 square 26 feet are exempt from subsection (a) if the building 27 maintains, at all times, alternative and adequate means of 28 signaling and responding to emergencies, including a 29 telephone system that provides the location of a 9-1-1 call 30 coming from within the building, and the building is serviced 31 by its own medical, fire and security personnel. Buildings 32 under this exemption are subject to emergency phone system 33 certification by the Illinois Commerce Commission. 34 Buildings in communities not serviced by enhanced 9-1-1 HB0708 Engrossed -331- LRB9203186EGfg 1 service are exempt from subsection (a).20002 (c) This Act does not apply to any PBX telephone 3 extension that uses radio transmissions to convey electrical 4 signals directly between the telephone extension and the 5 serving PBX. 6 (d) An entity that violates this Section is guilty of a 7 business offense and shall be fined not less than $1,000 and 8 not more than $5,000. 9 (e) Nothing in this Section shall be construed to 10 preclude the Attorney General on behalf of the Commission or 11 on his or her own initiative, or any other interested person, 12 from seeking judicial relief, by mandamus, injunction, or 13 otherwise, to compel compliance with this Section. 14 (f) The Commission shall promulgate rules for the 15 administration of this Section no later than January 1, 2000. 16 (Source: P.A. 90-819, eff. 3-23-99; 91-518, eff. 8-13-99; 17 revised 10-20-99.) 18 Section 44. The Counties Code is amended by changing 19 Section 3-5018 as follows: 20 (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) 21 (Text of Section before amendment by P.A. 91-893) 22 Sec. 3-5018. Fees. The recorder elected as provided for 23 in this Division shall receive such fees as are or may be 24 provided for him by law, in case of provision therefor: 25 otherwise he shall receive the same fees as are or may be 26 provided in this Section, except when increased by county 27 ordinance pursuant to the provisions of this Section, to be 28 paid to the county clerk for his services in the office of 29 recorder for like services. No filing fee shall be charged 30 for providing informational copies of financing statements to 31 the recorder pursuant to subsection (8) of Section 9-403 of 32 the Uniform Commercial Code. HB0708 Engrossed -332- LRB9203186EGfg 1 For recording deeds or other instruments $12 for the 2 first 4 pages thereof, plus $1 for each additional page 3 thereof, plus $1 for each additional document number therein 4 noted. The aggregate minimum fee for recording any one 5 instrument shall not be less than $12. 6 For recording deeds or other instruments wherein the 7 premises affected thereby are referred to by document number 8 and not by legal description a fee of $1 in addition to that 9 hereinabove referred to for each document number therein 10 noted. 11 For recording assignments of mortgages, leases or liens 12 $12 for the first 4 pages thereof, plus $1 for each 13 additional page thereof. However, except for leases and 14 liens pertaining to oil, gas and other minerals, whenever a 15 mortgage, lease or lien assignment assigns more than one 16 mortgage, lease or lien document, a $7 fee shall be charged 17 for the recording of each such mortgage, lease or lien 18 document after the first one. 19 For recording maps or plats of additions or subdivisions 20 approved by the county or municipality (including the 21 spreading of the same of record in map case or other proper 22 books) or plats of condominiums $50 for the first page, plus 23 $1 for each additional page thereof except that in the case 24 of recording a single page, legal size 8 1/2 x 14, plat of 25 survey in which there are no more than two lots or parcels of 26 land, the fee shall be $12. In each county where such maps 27 or plats are to be recorded, the recorder may require the 28 same to be accompanied by such number of exact, true and 29 legible copies thereof as the recorder deems necessary for 30 the efficient conduct and operation of his office. 31 For certified copies of records the same fees as for 32 recording, but in no case shall the fee for a certified copy 33 of a map or plat of an addition, subdivision or otherwise 34 exceed $10. HB0708 Engrossed -333- LRB9203186EGfg 1 Each certificate of such recorder of the recording of the 2 deed or other writing and of the date of recording the same 3 signed by such recorder, shall be sufficient evidence of the 4 recording thereof, and such certificate including the 5 indexing of record, shall be furnished upon the payment of 6 the fee for recording the instrument, and no additional fee 7 shall be allowed for the certificate or indexing. 8 The recorder shall charge an additional fee, in an amount 9 equal to the fee otherwise provided by law, for recording a 10 document (other than a document filed under the Plat Act or 11 the Uniform Commercial Code) that does not conform to the 12 following standards: 13 (1) The document shall consist of one or more 14 individual sheets measuring 8.5 inches by 11 inches, not 15 permanently bound and not a continuous form. Graphic 16 displays accompanying a document to be recorded that 17 measure up to 11 inches by 17 inches shall be recorded 18 without charging an additional fee. 19 (2) The document shall be legibly printed in black 20 ink, by hand, type, or computer. Signatures and dates 21 may be in contrasting colors if they will reproduce 22 clearly. 23 (3) The document shall be on white paper of not 24 less than 20-pound weight and shall have a clean margin 25 of at least one-half inch on the top, the bottom, and 26 each side. Margins may be used for non-essential 27 notations that will not affect the validity of the 28 document, including but not limited to form numbers, page 29 numbers, and customer notations. 30 (4) The first page of the document shall contain a 31 blank space, measuring at least 3 inches by 5 inches, 32 from the upper right corner. 33 (5) The document shall not have any attachment 34 stapled or otherwise affixed to any page. HB0708 Engrossed -334- LRB9203186EGfg 1 A document that does not conform to these standards shall not 2 be recorded except upon payment of the additional fee 3 required under this paragraph. This paragraph, as amended by 4 this amendatory Act of 1995, applies only to documents dated 5 after the effective date of this amendatory Act of 1995. 6 The county board of any county may provide for an 7 additional charge of $3 for filing every instrument, paper, 8 or notice for record, in order to defray the cost of 9 converting the county recorder's document storage system to 10 computers or micrographics. 11 A special fund shall be set up by the treasurer of the 12 county and such funds collected pursuant to Public Act 13 83-1321 shall be used solely for a document storage system to 14 provide the equipment, materials and necessary expenses 15 incurred to help defray the costs of implementing and 16 maintaining such a document records system. 17 The county board of any county that provides and 18 maintains a countywide map through a Geographic Information 19 System (GIS) may provide for an additional charge of $3 for 20 filing every instrument, paper, or notice for record in order 21 to defray the cost of implementing or maintaining the 22 county's Geographic Information System. Of that amount, $2 23 must be deposited into a special fund set up by the treasurer 24 of the county, and any moneys collected pursuant to this 25 amendatory Act of the 91st General Assembly and deposited 26 into that fund must be used solely for the equipment, 27 materials, and necessary expenses incurred in implementing 28 and maintaining a Geographic Information System. The 29 remaining $1 must be deposited into the recorder's special 30 funds created under Section 3-5005.4. The recorder may, in 31 his or her discretion, use moneys in the funds created under 32 Section 3-5005.4 to defray the cost of implementing or 33 maintaining the county's Geographic Information System. 34 The foregoing fees allowed by this Section are the HB0708 Engrossed -335- LRB9203186EGfg 1 maximum fees that may be collected from any officer, agency, 2 department or other instrumentality of the State. The county 3 board may, however, by ordinance, increase the fees allowed 4 by this Section and collect such increased fees from all 5 persons and entities other than officers, agencies, 6 departments and other instrumentalities of the State if the 7 increase is justified by an acceptable cost study showing 8 that the fees allowed by this Section are not sufficient to 9 cover the cost of providing the service. 10 A statement of the costs of providing each service, 11 program and activity shall be prepared by the county board. 12 All supporting documents shall be public record and subject 13 to public examination and audit. All direct and indirect 14 costs, as defined in the United States Office of Management 15 and Budget Circular A-87, may be included in the 16 determination of the costs of each service, program and 17 activity. 18 (Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00; 19 91-886, eff. 1-1-01.) 20 (Text of Section after amendment by P.A. 91-893) 21 Sec. 3-5018. Fees. The recorder elected as provided for 22 in this Division shall receive such fees as are or may be 23 provided for him by law, in case of provision therefor: 24 otherwise he shall receive the same fees as are or may be 25 provided in this Section, except when increased by county 26 ordinance pursuant to the provisions of this Section, to be 27 paid to the county clerk for his services in the office of 28 recorder for like services. 29 For recording deeds or other instruments $12 for the 30 first 4 pages thereof, plus $1 for each additional page 31 thereof, plus $1 for each additional document number therein 32 noted. The aggregate minimum fee for recording any one 33 instrument shall not be less than $12. 34 For recording deeds or other instruments wherein the HB0708 Engrossed -336- LRB9203186EGfg 1 premises affected thereby are referred to by document number 2 and not by legal description a fee of $1 in addition to that 3 hereinabove referred to for each document number therein 4 noted. 5 For recording assignments of mortgages, leases or liens 6 $12 for the first 4 pages thereof, plus $1 for each 7 additional page thereof. However, except for leases and 8 liens pertaining to oil, gas and other minerals, whenever a 9 mortgage, lease or lien assignment assigns more than one 10 mortgage, lease or lien document, a $7 fee shall be charged 11 for the recording of each such mortgage, lease or lien 12 document after the first one. 13 For recording maps or plats of additions or subdivisions 14 approved by the county or municipality (including the 15 spreading of the same of record in map case or other proper 16 books) or plats of condominiums $50 for the first page, plus 17 $1 for each additional page thereof except that in the case 18 of recording a single page, legal size 8 1/2 x 14, plat of 19 survey in which there are no more than two lots or parcels of 20 land, the fee shall be $12. In each county where such maps 21 or plats are to be recorded, the recorder may require the 22 same to be accompanied by such number of exact, true and 23 legible copies thereof as the recorder deems necessary for 24 the efficient conduct and operation of his office. 25 For certified copies of records the same fees as for 26 recording, but in no case shall the fee for a certified copy 27 of a map or plat of an addition, subdivision or otherwise 28 exceed $10. 29 Each certificate of such recorder of the recording of the 30 deed or other writing and of the date of recording the same 31 signed by such recorder, shall be sufficient evidence of the 32 recording thereof, and such certificate including the 33 indexing of record, shall be furnished upon the payment of 34 the fee for recording the instrument, and no additional fee HB0708 Engrossed -337- LRB9203186EGfg 1 shall be allowed for the certificate or indexing. 2 The recorder shall charge an additional fee, in an amount 3 equal to the fee otherwise provided by law, for recording a 4 document (other than a document filed under the Plat Act or 5 the Uniform Commercial Code) that does not conform to the 6 following standards: 7 (1) The document shall consist of one or more 8 individual sheets measuring 8.5 inches by 11 inches, not 9 permanently bound and not a continuous form. Graphic 10 displays accompanying a document to be recorded that 11 measure up to 11 inches by 17 inches shall be recorded 12 without charging an additional fee. 13 (2) The document shall be legibly printed in black 14 ink, by hand, type, or computer. Signatures and dates 15 may be in contrasting colors if they will reproduce 16 clearly. 17 (3) The document shall be on white paper of not 18 less than 20-pound weight and shall have a clean margin 19 of at least one-half inch on the top, the bottom, and 20 each side. Margins may be used for non-essential 21 notations that will not affect the validity of the 22 document, including but not limited to form numbers, page 23 numbers, and customer notations. 24 (4) The first page of the document shall contain a 25 blank space, measuring at least 3 inches by 5 inches, 26 from the upper right corner. 27 (5) The document shall not have any attachment 28 stapled or otherwise affixed to any page. 29 A document that does not conform to these standards shall not 30 be recorded except upon payment of the additional fee 31 required under this paragraph. This paragraph, as amended by 32 this amendatory Act of 1995, applies only to documents dated 33 after the effective date of this amendatory Act of 1995. 34 The county board of any county may provide for an HB0708 Engrossed -338- LRB9203186EGfg 1 additional charge of $3 for filing every instrument, paper, 2 or notice for record, in order to defray the cost of 3 converting the county recorder's document storage system to 4 computers or micrographics. 5 A special fund shall be set up by the treasurer of the 6 county and such funds collected pursuant to Public Act 7 83-1321 shall be used solely for a document storage system to 8 provide the equipment, materials and necessary expenses 9 incurred to help defray the costs of implementing and 10 maintaining such a document records system. 11 The county board of any county that provides and 12 maintains a countywide map through a Geographic Information 13 System (GIS) may provide for an additional charge of $3 for 14 filing every instrument, paper, or notice for record in order 15 to defray the cost of implementing or maintaining the 16 county's Geographic Information System. Of that amount, $2 17 must be deposited into a special fund set up by the treasurer 18 of the county, and any moneys collected pursuant to this 19 amendatory Act of the 91st General Assembly and deposited 20 into that fund must be used solely for the equipment, 21 materials, and necessary expenses incurred in implementing 22 and maintaining a Geographic Information System. The 23 remaining $1 must be deposited into the recorder's special 24 funds created under Section 3-5005.4. The recorder may, in 25 his or her discretion, use moneys in the funds created under 26 Section 3-5005.4 to defray the cost of implementing or 27 maintaining the county's Geographic Information System. 28 The foregoing fees allowed by this Section are the 29 maximum fees that may be collected from any officer, agency, 30 department or other instrumentality of the State. The county 31 board may, however, by ordinance, increase the fees allowed 32 by this Section and collect such increased fees from all 33 persons and entities other than officers, agencies, 34 departments and other instrumentalities of the State if the HB0708 Engrossed -339- LRB9203186EGfg 1 increase is justified by an acceptable cost study showing 2 that the fees allowed by this Section are not sufficient to 3 cover the cost of providing the service. 4 A statement of the costs of providing each service, 5 program and activity shall be prepared by the county board. 6 All supporting documents shall be public record and subject 7 to public examination and audit. All direct and indirect 8 costs, as defined in the United States Office of Management 9 and Budget Circular A-87, may be included in the 10 determination of the costs of each service, program and 11 activity. 12 (Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00; 13 91-886, eff. 1-1-01; 91-893, eff. 7-1-01; revised 9-7-00.) 14 Section 44.5. The Township Code is amended by changing 15 Section 105-35 as follows: 16 (60 ILCS 1/105-35) 17 Sec. 105-35. Township plan commission. 18 (a) In townships located in counties with a population 19 of less than 600,000 and in townships with a population of 20 more than 500 located in counties with a population ofor21 more than 3,000,000, the township board may by resolution 22 create a township plan commission. The commission shall 23 consist of 5 members appointed by the township supervisor 24 with the advice and consent of the township board. Their 25 terms of office shall be prescribed by the township board. 26 The township supervisor shall designate one of the members as 27 chairman, and the plan commission may appoint other officers 28 it deems necessary and appropriate. The township board may 29 authorize a plan commission to have necessary staff and shall 30 pay the expenses of that staff. 31 (b) Every township plan commission may have the 32 following powers and duties: HB0708 Engrossed -340- LRB9203186EGfg 1 (1) The commission may prepare and recommend to the 2 township board a comprehensive plan for the present and 3 future development or redevelopment of the unincorporated 4 areas of the township. The plan may be adopted in whole 5 or in separate geographical or functional parts, each of 6 which, when adopted, shall be the official plan, or part 7 of the official plan, of that township. The plan may 8 include reasonable requirements with reference to 9 streets, alleys, public grounds, and other improvements 10 specified in this Section. The plan may recommend (i) 11 establishing reasonable standards of design for 12 subdivisions and for resubdivisions of unimproved land 13 and of areas subject to redevelopment with respect to 14 public improvements as defined in this Section and (ii) 15 establishing reasonable requirements governing the 16 location, width, course, and surfacing of public streets 17 and highways, alleys, ways for public service facilities, 18 curbs, gutters, sidewalks, street lights, parks, 19 playgrounds, school grounds, size of lots to be used for 20 residential purposes, storm water drainage, water supply 21 and distribution, sanitary sewers, and sewage collection 22 and treatment. 23 (2) The commission may from time to time recommend 24 changes in the official comprehensive plan. 25 (3) The commission may from time to time prepare 26 and recommend to the township authorities plans for 27 specific improvements in pursuance of the official 28 comprehensive plan. 29 (4) The commission may give aid to the officials 30 charged with the direction of projects for improvements 31 embraced within the official plan to further the making 32 of these projects and, generally, may promote the 33 realization of the official comprehensive plan. 34 (5) The commission may prepare and recommend to the HB0708 Engrossed -341- LRB9203186EGfg 1 township board schemes for regulating or forbidding 2 structures or activities in unincorporated areas that may 3 hinder access to solar energy necessary for the proper 4 functioning of solar energy systems, as defined in 5 Section 1.2 of the Comprehensive Solar Energy Act of 6 1977, or may recommend changes in those schemes. 7 (6) The commission may exercise other powers 8 germane to the powers granted by this Section that are 9 conferred by the township board. 10 (c) If the county in which the township is located has 11 adopted a county zoning ordinance under Division 5-12 of the 12 Counties Code, the recommendations of the township plan 13 commission may be presented by the township board to the 14 county board of that county. 15 (Source: P.A. 91-721, eff. 6-2-00; 91-738, eff. 1-1-01; 16 revised 6-27-00.) 17 Section 45. The Illinois Municipal Code is amended by 18 changing Sections 11-31-1, 11-74.4-4, and 11-74.4-8 as 19 follows: 20 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1) 21 Sec. 11-31-1. Demolition, repair, enclosure, or 22 remediation. 23 (a) The corporate authorities of each municipality may 24 demolish, repair, or enclose or cause the demolition, repair, 25 or enclosure of dangerous and unsafe buildings or uncompleted 26 and abandoned buildings within the territory of the 27 municipality and may remove or cause the removal of garbage, 28 debris, and other hazardous, noxious, or unhealthy substances 29 or materials from those buildings. In any county having 30 adopted by referendum or otherwise a county health department 31 as provided by Division 5-25 of the Counties Code or its 32 predecessor, the county board of that county may exercise HB0708 Engrossed -342- LRB9203186EGfg 1 those powers with regard to dangerous and unsafe buildings or 2 uncompleted and abandoned buildings within the territory of 3 any city, village, or incorporated town having less than 4 50,000 population. 5 The corporate authorities shall apply to the circuit 6 court of the county in which the building is located (i) for 7 an order authorizing action to be taken with respect to a 8 building if the owner or owners of the building, including 9 the lien holders of record, after at least 15 days' written 10 notice by mail so to do, have failed to put the building in a 11 safe condition or to demolish it or (ii) for an order 12 requiring the owner or owners of record to demolish, repair, 13 or enclose the building or to remove garbage, debris, and 14 other hazardous, noxious, or unhealthy substances or 15 materials from the building. It is not a defense to the 16 cause of action that the building is boarded up or otherwise 17 enclosed, although the court may order the defendant to have 18 the building boarded up or otherwise enclosed. Where, upon 19 diligent search, the identity or whereabouts of the owner or 20 owners of the building, including the lien holders of record, 21 is not ascertainable, notice mailed to the person or persons 22 in whose name the real estate was last assessed is sufficient 23 notice under this Section. 24 The hearing upon the application to the circuit court 25 shall be expedited by the court and shall be given precedence 26 over all other suits. Any person entitled to bring an action 27 under subsection (b) shall have the right to intervene in an 28 action brought under this Section. 29 The cost of the demolition, repair, enclosure, or removal 30 incurred by the municipality, by an intervenor, or by a lien 31 holder of record, including court costs, attorney's fees, and 32 other costs related to the enforcement of this Section, is 33 recoverable from the owner or owners of the real estate or 34 the previous owner or both if the property was transferred HB0708 Engrossed -343- LRB9203186EGfg 1 during the 15 day notice period and is a lien on the real 2 estate; the lien is superior to all prior existing liens and 3 encumbrances, except taxes, if, within 180 days after the 4 repair, demolition, enclosure, or removal, the municipality, 5 the lien holder of record, or the intervenor who incurred the 6 cost and expense shall file a notice of lien for the cost and 7 expense incurred in the office of the recorder in the county 8 in which the real estate is located or in the office of the 9 registrar of titles of the county if the real estate affected 10 is registered under the Registered Titles (Torrens) Act. 11 The notice must consist of a sworn statement setting out 12 (1) a description of the real estate sufficient for its 13 identification, (2) the amount of money representing the cost 14 and expense incurred, and (3) the date or dates when the cost 15 and expense was incurred by the municipality, the lien holder 16 of record, or the intervenor. Upon payment of the cost and 17 expense by the owner of or persons interested in the property 18 after the notice of lien has been filed, the lien shall be 19 released by the municipality, the person in whose name the 20 lien has been filed, or the assignee of the lien, and the 21 release may be filed of record as in the case of filing 22 notice of lien. Unless the lien is enforced under subsection 23 (c), the lien may be enforced by foreclosure proceedings as 24 in the case of mortgage foreclosures under Article XV of the 25 Code of Civil Procedure or mechanics' lien foreclosures. An 26 action to foreclose this lien may be commenced at any time 27 after the date of filing of the notice of lien. The costs of 28 foreclosure incurred by the municipality, including court 29 costs, reasonable attorney's fees, advances to preserve the 30 property, and other costs related to the enforcement of this 31 subsection, plus statutory interest, are a lien on the real 32 estate and are recoverable by the municipality from the owner 33 or owners of the real estate. 34 All liens arising under this subsection (a) shall be HB0708 Engrossed -344- LRB9203186EGfg 1 assignable. The assignee of the lien shall have the same 2 power to enforce the lien as the assigning party, except that 3 the lien may not be enforced under subsection (c). 4 If the appropriate official of any municipality 5 determines that any dangerous and unsafe building or 6 uncompleted and abandoned building within its territory 7 fulfills the requirements for an action by the municipality 8 under the Abandoned Housing Rehabilitation Act, the 9 municipality may petition under that Act in a proceeding 10 brought under this subsection. 11 (b) Any owner or tenant of real property within 1200 12 feet in any direction of any dangerous or unsafe building 13 located within the territory of a municipality with a 14 population of 500,000 or more may file with the appropriate 15 municipal authority a request that the municipality apply to 16 the circuit court of the county in which the building is 17 located for an order permitting the demolition, removal of 18 garbage, debris, and other noxious or unhealthy substances 19 and materials from, or repair or enclosure of the building in 20 the manner prescribed in subsection (a) of this Section. If 21 the municipality fails to institute an action in circuit 22 court within 90 days after the filing of the request, the 23 owner or tenant of real property within 1200 feet in any 24 direction of the building may institute an action in circuit 25 court seeking an order compelling the owner or owners of 26 record to demolish, remove garbage, debris, and other noxious 27 or unhealthy substances and materials from, repair or enclose 28 or to cause to be demolished, have garbage, debris, and other 29 noxious or unhealthy substances and materials removed from, 30 repaired, or enclosed the building in question. A private 31 owner or tenant who institutes an action under the preceding 32 sentence shall not be required to pay any fee to the clerk of 33 the circuit court. The cost of repair, removal, demolition, 34 or enclosure shall be borne by the owner or owners of record HB0708 Engrossed -345- LRB9203186EGfg 1 of the building. In the event the owner or owners of record 2 fail to demolish, remove garbage, debris, and other noxious 3 or unhealthy substances and materials from, repair, or 4 enclose the building within 90 days of the date the court 5 entered its order, the owner or tenant who instituted the 6 action may request that the court join the municipality as a 7 party to the action. The court may order the municipality to 8 demolish, remove materials from, repair, or enclose the 9 building, or cause that action to be taken upon the request 10 of any owner or tenant who instituted the action or upon the 11 municipality's request. The municipality may file, and the 12 court may approve, a plan for rehabilitating the building in 13 question. A court order authorizing the municipality to 14 demolish, remove materials from, repair, or enclose a 15 building, or cause that action to be taken, shall not 16 preclude the court from adjudging the owner or owners of 17 record of the building in contempt of court due to the 18 failure to comply with the order to demolish, remove garbage, 19 debris, and other noxious or unhealthy substances and 20 materials from, repair, or enclose the building. 21 If a municipality or a person or persons other than the 22 owner or owners of record pay the cost of demolition, removal 23 of garbage, debris, and other noxious or unhealthy substances 24 and materials, repair, or enclosure pursuant to a court 25 order, the cost, including court costs, attorney's fees, and 26 other costs related to the enforcement of this subsection, is 27 recoverable from the owner or owners of the real estate and 28 is a lien on the real estate; the lien is superior to all 29 prior existing liens and encumbrances, except taxes, if, 30 within 180 days after the repair, removal, demolition, or 31 enclosure, the municipality or the person or persons who paid 32 the costs of demolition, removal, repair, or enclosure shall 33 file a notice of lien of the cost and expense incurred in the 34 office of the recorder in the county in which the real estate HB0708 Engrossed -346- LRB9203186EGfg 1 is located or in the office of the registrar of the county if 2 the real estate affected is registered under the Registered 3 Titles (Torrens) Act. The notice shall be in a form as is 4 provided in subsection (a). An owner or tenant who 5 institutes an action in circuit court seeking an order to 6 compel the owner or owners of record to demolish, remove 7 materials from, repair, or enclose any dangerous or unsafe 8 building, or to cause that action to be taken under this 9 subsection may recover court costs and reasonable attorney's 10 fees for instituting the action from the owner or owners of 11 record of the building. Upon payment of the costs and 12 expenses by the owner of or a person interested in the 13 property after the notice of lien has been filed, the lien 14 shall be released by the municipality or the person in whose 15 name the lien has been filed or his or her assignee, and the 16 release may be filed of record as in the case of filing a 17 notice of lien. Unless the lien is enforced under subsection 18 (c), the lien may be enforced by foreclosure proceedings as 19 in the case of mortgage foreclosures under Article XV of the 20 Code of Civil Procedure or mechanics' lien foreclosures. An 21 action to foreclose this lien may be commenced at any time 22 after the date of filing of the notice of lien. The costs of 23 foreclosure incurred by the municipality, including court 24 costs, reasonable attorneys' fees, advances to preserve the 25 property, and other costs related to the enforcement of this 26 subsection, plus statutory interest, are a lien on the real 27 estate and are recoverable by the municipality from the owner 28 or owners of the real estate. 29 All liens arising under the terms of this subsection (b) 30 shall be assignable. The assignee of the lien shall have the 31 same power to enforce the lien as the assigning party, except 32 that the lien may not be enforced under subsection (c). 33 (c) In any case where a municipality has obtained a lien 34 under subsection (a), (b), or (f), the municipality may HB0708 Engrossed -347- LRB9203186EGfg 1 enforce the lien under this subsection (c) in the same 2 proceeding in which the lien is authorized. 3 A municipality desiring to enforce a lien under this 4 subsection (c) shall petition the court to retain 5 jurisdiction for foreclosure proceedings under this 6 subsection. Notice of the petition shall be served, by 7 certified or registered mail, on all persons who were served 8 notice under subsection (a), (b), or (f). The court shall 9 conduct a hearing on the petition not less than 15 days after 10 the notice is served. If the court determines that the 11 requirements of this subsection (c) have been satisfied, it 12 shall grant the petition and retain jurisdiction over the 13 matter until the foreclosure proceeding is completed. The 14 costs of foreclosure incurred by the municipality, including 15 court costs, reasonable attorneys' fees, advances to preserve 16 the property, and other costs related to the enforcement of 17 this subsection, plus statutory interest, are a lien on the 18 real estate and are recoverable by the municipality from the 19 owner or owners of the real estate. If the court denies the 20 petition, the municipality may enforce the lien in a separate 21 action as provided in subsection (a), (b), or (f). 22 All persons designated in Section 15-1501 of the Code of 23 Civil Procedure as necessary parties in a mortgage 24 foreclosure action shall be joined as parties before issuance 25 of an order of foreclosure. Persons designated in Section 26 15-1501 of the Code of Civil Procedure as permissible parties 27 may also be joined as parties in the action. 28 The provisions of Article XV of the Code of Civil 29 Procedure applicable to mortgage foreclosures shall apply to 30 the foreclosure of a lien under this subsection (c), except 31 to the extent that those provisions are inconsistent with 32 this subsection. For purposes of foreclosures of liens 33 under this subsection, however, the redemption period 34 described in subsection (b) of Section 15-1603 of the Code of HB0708 Engrossed -348- LRB9203186EGfg 1 Civil Procedure shall end 60 days after the date of entry of 2 the order of foreclosure. 3 (d) In addition to any other remedy provided by law, the 4 corporate authorities of any municipality may petition the 5 circuit court to have property declared abandoned under this 6 subsection (d) if: 7 (1) the property has been tax delinquent for 2 or 8 more years or bills for water service for the property 9 have been outstanding for 2 or more years; 10 (2) the property is unoccupied by persons legally 11 in possession; and 12 (3) the property contains a dangerous or unsafe 13 building. 14 All persons having an interest of record in the property, 15 including tax purchasers and beneficial owners of any 16 Illinois land trust having title to the property, shall be 17 named as defendants in the petition and shall be served with 18 process. In addition, service shall be had under Section 19 2-206 of the Code of Civil Procedure as in other cases 20 affecting property. 21 The municipality, however, may proceed under this 22 subsection in a proceeding brought under subsection (a) or 23 (b). Notice of the petition shall be served by certified or 24 registered mail on all persons who were served notice under 25 subsection (a) or (b). 26 If the municipality proves that the conditions described 27 in this subsection exist and the owner of record of the 28 property does not enter an appearance in the action, or, if 29 title to the property is held by an Illinois land trust, if 30 neither the owner of record nor the owner of the beneficial 31 interest of the trust enters an appearance, the court shall 32 declare the property abandoned. 33 If that determination is made, notice shall be sent by 34 certified or registered mail to all persons having an HB0708 Engrossed -349- LRB9203186EGfg 1 interest of record in the property, including tax purchasers 2 and beneficial owners of any Illinois land trust having title 3 to the property, stating that title to the property will be 4 transferred to the municipality unless, within 30 days of the 5 notice, the owner of record enters an appearance in the 6 action, or unless any other person having an interest in the 7 property files with the court a request to demolish the 8 dangerous or unsafe building or to put the building in safe 9 condition. 10 If the owner of record enters an appearance in the action 11 within the 30 day period, the court shall vacate its order 12 declaring the property abandoned. In that case, the 13 municipality may amend its complaint in order to initiate 14 proceedings under subsection (a). 15 If a request to demolish or repair the building is filed 16 within the 30 day period, the court shall grant permission to 17 the requesting party to demolish the building within 30 days 18 or to restore the building to safe condition within 60 days 19 after the request is granted. An extension of that period 20 for up to 60 additional days may be given for good cause. If 21 more than one person with an interest in the property files a 22 timely request, preference shall be given to the person with 23 the lien or other interest of the highest priority. 24 If the requesting party proves to the court that the 25 building has been demolished or put in a safe condition 26 within the period of time granted by the court, the court 27 shall issue a quitclaim judicial deed for the property to the 28 requesting party, conveying only the interest of the owner of 29 record, upon proof of payment to the municipality of all 30 costs incurred by the municipality in connection with the 31 action, including but not limited to court costs, attorney's 32 fees, administrative costs, the costs, if any, associated 33 with building enclosure or removal, and receiver's 34 certificates. The interest in the property so conveyed shall HB0708 Engrossed -350- LRB9203186EGfg 1 be subject to all liens and encumbrances on the property. In 2 addition, if the interest is conveyed to a person holding a 3 certificate of purchase for the property under the Property 4 Tax Code, the conveyance shall be subject to the rights of 5 redemption of all persons entitled to redeem under that Act, 6 including the original owner of record. 7 If no person with an interest in the property files a 8 timely request or if the requesting party fails to demolish 9 the building or put the building in safe condition within the 10 time specified by the court, the municipality may petition 11 the court to issue a judicial deed for the property to the 12 municipality. A conveyance by judicial deed shall operate to 13 extinguish all existing ownership interests in, liens on, and 14 other interest in the property, including tax liens, and 15 shall extinguish the rights and interests of any and all 16 holders of a bona fide certificate of purchase of the 17 property for delinquent taxes. Any such bona fide 18 certificate of purchase holder shall be entitled to a sale in 19 error as prescribed under Section 21-310 of the Property Tax 20 Code. 21 (e) Each municipality may use the provisions of this 22 subsection to expedite the removal of certain buildings that 23 are a continuing hazard to the community in which they are 24 located. 25 If a residential or commercial building is 3 stories or 26 less in height as defined by the municipality's building 27 code, and the corporate official designated to be in charge 28 of enforcing the municipality's building code determines that 29 the building is open and vacant and an immediate and 30 continuing hazard to the community in which the building is 31 located, then the official shall be authorized to post a 32 notice not less than 2 feet by 2 feet in size on the front of 33 the building. The notice shall be dated as of the date of 34 the posting and shall state that unless the building is HB0708 Engrossed -351- LRB9203186EGfg 1 demolished, repaired, or enclosed, and unless any garbage, 2 debris, and other hazardous, noxious, or unhealthy substances 3 or materials are removed so that an immediate and continuing 4 hazard to the community no longer exists, then the building 5 may be demolished, repaired, or enclosed, or any garbage, 6 debris, and other hazardous, noxious, or unhealthy substances 7 or materials may be removed, by the municipality. 8 Not later than 30 days following the posting of the 9 notice, the municipality shall do all of the following: 10 (1) Cause to be sent, by certified mail, return 11 receipt requested, a Notice to Remediate to all owners 12 of record of the property, the beneficial owners of any 13 Illinois land trust having title to the property, and all 14 lienholders of record in the property, stating the intent 15 of the municipality to demolish, repair, or enclose the 16 building or remove any garbage, debris, or other 17 hazardous, noxious, or unhealthy substances or materials 18 if that action is not taken by the owner or owners. 19 (2) Cause to be published, in a newspaper published 20 or circulated in the municipality where the building is 21 located, a notice setting forth (i) the permanent tax 22 index number and the address of the building, (ii) a 23 statement that the property is open and vacant and 24 constitutes an immediate and continuing hazard to the 25 community, and (iii) a statement that the municipality 26 intends to demolish, repair, or enclose the building or 27 remove any garbage, debris, or other hazardous, noxious, 28 or unhealthy substances or materials if the owner or 29 owners or lienholders of record fail to do so. This 30 notice shall be published for 3 consecutive days. 31 (3) Cause to be recorded the Notice to Remediate 32 mailed under paragraph (1) in the office of the recorder 33 in the county in which the real estate is located or in 34 the office of the registrar of titles of the county if HB0708 Engrossed -352- LRB9203186EGfg 1 the real estate is registered under the Registered Title 2 (Torrens) Act. 3 Any person or persons with a current legal or equitable 4 interest in the property objecting to the proposed actions of 5 the corporate authorities may file his or her objection in an 6 appropriate form in a court of competent jurisdiction. 7 If the building is not demolished, repaired, or enclosed, 8 or the garbage, debris, or other hazardous, noxious, or 9 unhealthy substances or materials are not removed, within 30 10 days of mailing the notice to the owners of record, the 11 beneficial owners of any Illinois land trust having title to 12 the property, and all lienholders of record in the property, 13 or within 30 days of the last day of publication of the 14 notice, whichever is later, the corporate authorities shall 15 have the power to demolish, repair, or enclose the building 16 or to remove any garbage, debris, or other hazardous, 17 noxious, or unhealthy substances or materials. 18 The municipality may proceed to demolish, repair, or 19 enclose a building or remove any garbage, debris, or other 20 hazardous, noxious, or unhealthy substances or materials 21 under this subsection within a 120-day period following the 22 date of the mailing of the notice if the appropriate official 23 determines that the demolition, repair, enclosure, or removal 24 of any garbage, debris, or other hazardous, noxious, or 25 unhealthy substances or materials is necessary to remedy the 26 immediate and continuing hazard. If, however, before the 27 municipality proceeds with any of the actions authorized by 28 this subsection, any person with a legal or equitable 29 interest in the property has sought a hearing under this 30 subsection before a court and has served a copy of the 31 complaint on the chief executive officer of the municipality, 32 then the municipality shall not proceed with the demolition, 33 repair, enclosure, or removal of garbage, debris, or other 34 substances until the court determines that that action is HB0708 Engrossed -353- LRB9203186EGfg 1 necessary to remedy the hazard and issues an order 2 authorizing the municipality to do so. 3 Following the demolition, repair, or enclosure of a 4 building, or the removal of garbage, debris, or other 5 hazardous, noxious, or unhealthy substances or materials 6 under this subsection, the municipality may file a notice of 7 lien against the real estate for the cost of the demolition, 8 repair, enclosure, or removal within 180 days after the 9 repair, demolition, enclosure, or removal occurred, for the 10 cost and expense incurred, in the office of the recorder in 11 the county in which the real estate is located or in the 12 office of the registrar of titles of the county if the real 13 estate affected is registered under the Registered Titles 14 (Torrens) Act; this lien has priority over the interests of 15 those parties named in the Notice to Remediate mailed under 16 paragraph (1), but not over the interests of third party 17 purchasers or encumbrancers for value who obtained their 18 interests in the property before obtaining actual or 19 constructive notice of the lien. The notice of lien shall 20 consist of a sworn statement setting forth (i) a description 21 of the real estate, such as the address or other description 22 of the property, sufficient for its identification; (ii) the 23 expenses incurred by the municipality in undertaking the 24 remedial actions authorized under this subsection; (iii) the 25 date or dates the expenses were incurred by the municipality; 26 (iv) a statement by the corporate official responsible for 27 enforcing the building code that the building was open and 28 vacant and constituted an immediate and continuing hazard to 29 the community; (v) a statement by the corporate official that 30 the required sign was posted on the building, that notice was 31 sent by certified mail to the owners of record, and that 32 notice was published in accordance with this subsection; and 33 (vi) a statement as to when and where the notice was 34 published. The lien authorized by this subsection may HB0708 Engrossed -354- LRB9203186EGfg 1 thereafter be released or enforced by the municipality as 2 provided in subsection (a). 3 (f) The corporate authorities of each municipality may 4 remove or cause the removal of, or otherwise environmentally 5 remediate hazardous substances and petroleum products on, in, 6 or under any abandoned and unsafe property within the 7 territory of a municipality. In addition, where preliminary 8 evidence indicates the presence or likely presence of a 9 hazardous substance or a petroleum product or a release or a 10 substantial threat of a release of a hazardous substance or a 11 petroleum product on, in, or under the property, the 12 corporate authorities of the municipality may inspect the 13 property and test for the presence or release of hazardous 14 substances and petroleum products. In any county having 15 adopted by referendum or otherwise a county health department 16 as provided by Division 5-25 of the Counties Code or its 17 predecessor, the county board of that county may exercise the 18 above-described powers with regard to property within the 19 territory of any city, village, or incorporated town having 20 less than 50,000 population. 21 For purposes of this subsection (f): 22 (1) "property" or "real estate" means all real 23 property, whether or not improved by a structure; 24 (2) "abandoned" means; 25 (A) the property has been tax delinquent for 2 26 or more years; 27 (B) the property is unoccupied by persons 28 legally in possession; and 29 (3) "unsafe" means property that presents an actual 30 or imminent threat to public health and safety caused by 31 the release of hazardous substances; and 32 (4) "hazardous substances" means the same as in 33 Section 3.14 of the Environmental Protection Act. 34 The corporate authorities shall apply to the circuit HB0708 Engrossed -355- LRB9203186EGfg 1 court of the county in which the property is located (i) for 2 an order allowing the municipality to enter the property and 3 inspect and test substances on, in, or under the property; or 4 (ii) for an order authorizing the corporate authorities to 5 take action with respect to remediation of the property if 6 conditions on the property, based on the inspection and 7 testing authorized in paragraph (i), indicate the presence of 8 hazardous substances or petroleum products. Remediation 9 shall be deemed complete for purposes of paragraph (ii) above 10 when the property satisfies Tier I, II, or III remediation 11 objectives for the property's most recent usage, as 12 established by the Environmental Protection Act, and the 13 rules and regulations promulgated thereunder. Where, upon 14 diligent search, the identity or whereabouts of the owner or 15 owners of the property, including the lien holders of record, 16 is not ascertainable, notice mailed to the person or persons 17 in whose name the real estate was last assessed is sufficient 18 notice under this Section. 19 The court shall grant an order authorizing testing under 20 paragraph (i) above upon a showing of preliminary evidence 21 indicating the presence or likely presence of a hazardous 22 substance or a petroleum product or a release of or a 23 substantial threat of a release of a hazardous substance or a 24 petroleum product on, in, or under abandoned property. The 25 preliminary evidence may include, but is not limited to, 26 evidence of prior use, visual site inspection, or records of 27 prior environmental investigations. The testing authorized 28 by paragraph (i) above shall include any type of 29 investigation which is necessary for an environmental 30 professional to determine the environmental condition of the 31 property, including but not limited to performance of soil 32 borings and groundwater monitoring. The court shall grant a 33 remediation order under paragraph (ii) above where testing of 34 the property indicates that it fails to meet the applicable HB0708 Engrossed -356- LRB9203186EGfg 1 remediation objectives. The hearing upon the application to 2 the circuit court shall be expedited by the court and shall 3 be given precedence over all other suits. 4 The cost of the inspection, testing, or remediation 5 incurred by the municipality or by a lien holder of record, 6 including court costs, attorney's fees, and other costs 7 related to the enforcement of this Section, is a lien on the 8 real estate; except that in any instances where a 9 municipality incurs costs of inspection and testing but finds 10 no hazardous substances or petroleum products on the property 11 that present an actual or imminent threat to public health 12 and safety, such costs are not recoverable from the owners 13 nor are such costs a lien on the real estate. The lien is 14 superior to all prior existing liens and encumbrances, except 15 taxes and any lien obtained under subsection (a) or (e), if, 16 within 180 days after the completion of the inspection, 17 testing, or remediation, the municipality or the lien holder 18 of record who incurred the cost and expense shall file a 19 notice of lien for the cost and expense incurred in the 20 office of the recorder in the county in which the real estate 21 is located or in the office of the registrar of titles of the 22 county if the real estate affected is registered under the 23 Registered Titles (Torrens) Act. 24 The notice must consist of a sworn statement setting out 25 (i) a description of the real estate sufficient for its 26 identification, (ii) the amount of money representing the 27 cost and expense incurred, and (iii) the date or dates when 28 the cost and expense was incurred by the municipality or the 29 lien holder of record. Upon payment of the lien amount by 30 the owner of or persons interested in the property after the 31 notice of lien has been filed, a release of lien shall be 32 issued by the municipality, the person in whose name the lien 33 has been filed, or the assignee of the lien, and the release 34 may be filed of record as in the case of filing notice of HB0708 Engrossed -357- LRB9203186EGfg 1 lien. 2 The lien may be enforced under subsection (c) or by 3 foreclosure proceedings as in the case of mortgage 4 foreclosures under Article XV of the Code of Civil Procedure 5 or mechanics' lien foreclosures; provided that where the lien 6 is enforced by foreclosure under subsection (c) or under 7 either statute, the municipality may not proceed against the 8 other assets of the owner or owners of the real estate for 9 any costs that otherwise would be recoverable under this 10 Section but that remain unsatisfied after foreclosure except 11 where such additional recovery is authorized by separate 12 environmental laws. An action to foreclose this lien may be 13 commenced at any time after the date of filing of the notice 14 of lien. The costs of foreclosure incurred by the 15 municipality, including court costs, reasonable attorney's 16 fees, advances to preserve the property, and other costs 17 related to the enforcement of this subsection, plus statutory 18 interest, are a lien on the real estate. 19 All liens arising under this subsection (f) shall be 20 assignable. The assignee of the lien shall have the same 21 power to enforce the lien as the assigning party, except that 22 the lien may not be enforced under subsection (c). 23 (g) In any case where a municipality has obtained a lien 24 under subsection (a), the municipality may also bring an 25 action for a money judgment against the owner or owners of 26 the real estate in the amount of the lien in the same manner 27 as provided for bringing causes of action in Article II of 28 the Code of Civil Procedure and, upon obtaining a judgment, 29 file a judgment lien against all of the real estate of the 30 owner or owners and enforce that lien as provided for in 31 Article XII of the Code of Civil Procedure. 32 (Source: P.A. 90-393, eff. 1-1-98; 90-597, eff. 6-25-98; 33 91-162, eff. 7-16-99; 91-177, eff. 1-1-00; 91-357, eff. 34 7-29-99; 91-542, eff. 1-1-00; 91-561, eff. 1-1-00; revised HB0708 Engrossed -358- LRB9203186EGfg 1 8-27-99.) 2 (65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4) 3 Sec. 11-74.4-4. Municipal powers and duties; 4 redevelopment project areas. A municipality may: 5 (a) The changes made by this amendatory Act of the 91st 6 General Assembly do not apply to a municipality that, (i) 7 before the effective date of this amendatory Act of the 91st 8 General Assembly, has adopted an ordinance or resolution 9 fixing a time and place for a public hearing under Section 10 11-74.4-5 or (ii) before July 1, 1999, has adopted an 11 ordinance or resolution providing for a feasibility study 12 under Section 11-74.4-4.1, but has not yet adopted an 13 ordinance approving redevelopment plans and redevelopment 14 projects or designating redevelopment project areas under 15 this Section, until after that municipality adopts an 16 ordinance approving redevelopment plans and redevelopment 17 projects or designating redevelopment project areas under 18 this Section; thereafter the changes made by this amendatory 19 Act of the 91st General Assembly apply to the same extent 20 that they apply to redevelopment plans and redevelopment 21 projects that were approved and redevelopment projects that 22 were designated before the effective date of this amendatory 23 Act of the 91st General Assembly. 24 By ordinance introduced in the governing body of the 25 municipality within 14 to 90 days from the completion of the 26 hearing specified in Section 11-74.4-5 approve redevelopment 27 plans and redevelopment projects, and designate redevelopment 28 project areas pursuant to notice and hearing required by this 29 Act. No redevelopment project area shall be designated 30 unless a plan and project are approved prior to the 31 designation of such area and such area shall include only 32 those contiguous parcels of real property and improvements 33 thereon substantially benefited by the proposed redevelopment HB0708 Engrossed -359- LRB9203186EGfg 1 project improvements. Upon adoption of the ordinances, the 2 municipality shall forthwith transmit to the county clerk of 3 the county or counties within which the redevelopment project 4 area is located a certified copy of the ordinances, a legal 5 description of the redevelopment project area, a map of the 6 redevelopment project area, identification of the year that 7 the county clerk shall use for determining the total initial 8 equalized assessed value of the redevelopment project area 9 consistent with subsection (a) of Section 11-74.4-9, and a 10 list of the parcel or tax identification number of each 11 parcel of property included in the redevelopment project 12 area. 13 (b) Make and enter into all contracts with property 14 owners, developers, tenants, overlapping taxing bodies, and 15 others necessary or incidental to the implementation and 16 furtherance of its redevelopment plan and project. 17 (c) Within a redevelopment project area, acquire by 18 purchase, donation, lease or eminent domain; own, convey, 19 lease, mortgage or dispose of land and other property, real 20 or personal, or rights or interests therein, and grant or 21 acquire licenses, easements and options with respect thereto, 22 all in the manner and at such price the municipality 23 determines is reasonably necessary to achieve the objectives 24 of the redevelopment plan and project. No conveyance, lease, 25 mortgage, disposition of land or other property owned by a 26 municipality, or agreement relating to the development of 27 such municipal property shall be made except upon the 28 adoption of an ordinance by the corporate authorities of the 29 municipality. Furthermore, no conveyance, lease, mortgage, or 30 other disposition of land owned by a municipality or 31 agreement relating to the development of such municipal 32 property shall be made without making public disclosure of 33 the terms of the disposition and all bids and proposals made 34 in response to the municipality's request. The procedures HB0708 Engrossed -360- LRB9203186EGfg 1 for obtaining such bids and proposals shall provide 2 reasonable opportunity for any person to submit alternative 3 proposals or bids. 4 (d) Within a redevelopment project area, clear any area 5 by demolition or removal of any existing buildings and 6 structures. 7 (e) Within a redevelopment project area, renovate or 8 rehabilitate or construct any structure or building, as 9 permitted under this Act. 10 (f) Install, repair, construct, reconstruct or relocate 11 streets, utilities and site improvements essential to the 12 preparation of the redevelopment area for use in accordance 13 with a redevelopment plan. 14 (g) Within a redevelopment project area, fix, charge and 15 collect fees, rents and charges for the use of any building 16 or property owned or leased by it or any part thereof, or 17 facility therein. 18 (h) Accept grants, guarantees and donations of property, 19 labor, or other things of value from a public or private 20 source for use within a project redevelopment area. 21 (i) Acquire and construct public facilities within a 22 redevelopment project area, as permitted under this Act. 23 (j) Incur project redevelopment costs and reimburse 24 developers who incur redevelopment project costs authorized 25 by a redevelopment agreement; provided, however, that on and 26 after the effective date of this amendatory Act of the 91st 27 General Assembly, no municipality shall incur redevelopment 28 project costs (except for planning costs and any other 29 eligible costs authorized by municipal ordinance or 30 resolution that are subsequently included in the 31 redevelopment plan for the area and are incurred by the 32 municipality after the ordinance or resolution is adopted) 33 that are not consistent with the program for accomplishing 34 the objectives of the redevelopment plan as included in that HB0708 Engrossed -361- LRB9203186EGfg 1 plan and approved by the municipality until the municipality 2 has amended the redevelopment plan as provided elsewhere in 3 this Act. 4 (k) Create a commission of not less than 5 or more than 5 15 persons to be appointed by the mayor or president of the 6 municipality with the consent of the majority of the 7 governing board of the municipality. Members of a commission 8 appointed after the effective date of this amendatory Act of 9 1987 shall be appointed for initial terms of 1, 2, 3, 4 and 5 10 years, respectively, in such numbers as to provide that the 11 terms of not more than 1/3 of all such members shall expire 12 in any one year. Their successors shall be appointed for a 13 term of 5 years. The commission, subject to approval of the 14 corporate authorities may exercise the powers enumerated in 15 this Section. The commission shall also have the power to 16 hold the public hearings required by this division and make 17 recommendations to the corporate authorities concerning the 18 adoption of redevelopment plans, redevelopment projects and 19 designation of redevelopment project areas. 20 (l) Make payment in lieu of taxes or a portion thereof 21 to taxing districts. If payments in lieu of taxes or a 22 portion thereof are made to taxing districts, those payments 23 shall be made to all districts within a project redevelopment 24 area on a basis which is proportional to the current 25 collections of revenue which each taxing district receives 26 from real property in the redevelopment project area. 27 (m) Exercise any and all other powers necessary to 28 effectuate the purposes of this Act. 29 (n) If any member of the corporate authority, a member 30 of a commission established pursuant to Section 11-74.4-4(k) 31 of this Act, or an employee or consultant of the municipality 32 involved in the planning and preparation of a redevelopment 33 plan, or project for a redevelopment project area or proposed 34 redevelopment project area, as defined in Sections HB0708 Engrossed -362- LRB9203186EGfg 1 11-74.4-3(i) through (k) of this Act, owns or controls an 2 interest, direct or indirect, in any property included in any 3 redevelopment area, or proposed redevelopment area, he or she 4 shall disclose the same in writing to the clerk of the 5 municipality, and shall also so disclose the dates and terms 6 and conditions of any disposition of any such interest, which 7 disclosures shall be acknowledged by the corporate 8 authorities and entered upon the minute books of the 9 corporate authorities. If an individual holds such an 10 interest then that individual shall refrain from any further 11 official involvement in regard to such redevelopment plan, 12 project or area, from voting on any matter pertaining to such 13 redevelopment plan, project or area, or communicating with 14 other members concerning corporate authorities, commission or 15 employees concerning any matter pertaining to said 16 redevelopment plan, project or area. Furthermore, no such 17 member or employee shall acquire of any interest direct, or 18 indirect, in any property in a redevelopment area or proposed 19 redevelopment area after either (a) such individual obtains 20 knowledge of such plan, project or area or (b) first public 21 notice of such plan, project or area pursuant to Section 22 11-74.4-6 of this Division, whichever occurs first. For the 23 purposes of this subsection, a property interest acquired in 24 a single parcel of property by a member of the corporate 25 authority, which property is used exclusively as the 26 member's primary residence, shall not be deemed to constitute 27 an interest in any property included in a redevelopment area 28 or proposed redevelopment area that was established before 29 December 31, 1989, but the member must disclose the 30 acquisition to the municipal clerk under the provisions of 31 this subsection. For the purposes of this subsection, a 32 month-to-month leasehold interest in a single parcel of 33 property by a member of the corporate authority shall not be 34 deemed to constitute an interest in any property included in HB0708 Engrossed -363- LRB9203186EGfg 1 any redevelopment area or proposed redevelopment area, but 2 the member must disclose the interest to the municipal clerk 3 under the provisions of this subsection. 4 (o) Create a Tax Increment Economic Development Advisory 5 Committee to be appointed by the Mayor or President of the 6 municipality with the consent of the majority of the 7 governing board of the municipality, the members of which 8 Committee shall be appointed for initial terms of 1, 2, 3, 4 9 and 5 years respectively, in such numbers as to provide that 10 the terms of not more than 1/3 of all such members shall 11 expire in any one year. Their successors shall be appointed 12 for a term of 5 years. The Committee shall have none of the 13 powers enumerated in this Section. The Committee shall serve 14 in an advisory capacity only. The Committee may advise the 15 governing Board of the municipality and other municipal 16 officials regarding development issues and opportunities 17 within the redevelopment project area or the area within the 18 State Sales Tax Boundary. The Committee may also promote and 19 publicize development opportunities in the redevelopment 20 project area or the area within the State Sales Tax Boundary. 21 (p) Municipalities may jointly undertake and perform 22 redevelopment plans and projects and utilize the provisions 23 of the Act wherever they have contiguous redevelopment 24 project areas or they determine to adopt tax increment 25 financing with respect to a redevelopment project area which 26 includes contiguous real property within the boundaries of 27 the municipalities, and in doing so, they may, by agreement 28 between municipalities, issue obligations, separately or 29 jointly, and expend revenues received under the Act for 30 eligible expenses anywhere within contiguous redevelopment 31 project areas or as otherwise permitted in the Act. 32 (q) Utilize revenues, other than State sales tax 33 increment revenues, received under this Act from one 34 redevelopment project area for eligible costs in another HB0708 Engrossed -364- LRB9203186EGfg 1 redevelopment project area that is either contiguous to, or 2 is separated only by a public right of way from, the 3 redevelopment project area from which the revenues are 4 received. Utilize tax increment revenues for eligible costs 5 that are received from a redevelopment project area created 6 under the Industrial Jobs Recovery Law that is either 7 contiguous to, or is separated only by a public right of way 8 from, the redevelopment project area created under this Act 9 which initially receives these revenues. Utilize revenues, 10 other than State sales tax increment revenues, by 11 transferring or loaning such revenues to a redevelopment 12 project area created under the Industrial Jobs Recovery Law 13 that is either contiguous to, or separated only by a public 14 right of way from the redevelopment project area that 15 initially produced and received those revenues; and, if the 16 redevelopment project area (i) was established before the 17 effective date of this amendatory Act of the 91st General 18 Assembly and (ii) is located within a municipality with a 19 population of more than 100,000, utilize revenues or proceeds 20 of obligations authorized by Section 11-74.4-7 of this Act, 21 other than use or occupation tax revenues, to pay for any 22 redevelopment project costs as defined by subsection (q) of 23 Section 11-74.4-3 to the extent that the redevelopment 24 project costs involve public property that is either 25 contiguous to, or separated only by a public right of way 26 from, a redevelopment project area whether or not 27 redevelopment project costs or the source of payment for the 28 costs are specifically set forth in the redevelopment plan 29 for the redevelopment project area. 30 (r) If no redevelopment project has been initiated in a 31 redevelopment project area within 7 years after the area was 32 designated by ordinance under subsection (a), the 33 municipality shall adopt an ordinance repealing the area's 34 designation as a redevelopment project area; provided, HB0708 Engrossed -365- LRB9203186EGfg 1 however, that if an area received its designation more than 3 2 years before the effective date of this amendatory Act of 3 1994 and no redevelopment project has been initiated within 4 4 years after the effective date of this amendatory Act of 5 1994, the municipality shall adopt an ordinance repealing its 6 designation as a redevelopment project area. Initiation of a 7 redevelopment project shall be evidenced by either a signed 8 redevelopment agreement or expenditures on eligible 9 redevelopment project costs associated with a redevelopment 10 project. 11 (Source: P.A. 90-258, eff. 7-30-97; 91-478, eff. 11-1-99; 12 91-642, eff. 8-20-99; revised 10-20-99.) 13 (65 ILCS 5/11-74.4-8) (from Ch. 24, par. 11-74.4-8) 14 Sec. 11-74.4-8. A municipality may not adopt tax 15 increment financing in a redevelopment project area after the 16 effective date of this amendatory Act of 1997 that will 17 encompass an area that is currently included in an enterprise 18 zone created under the Illinois Enterprise Zone Act unless 19 that municipality, pursuant to Section 5.4 of the Illinois 20 Enterprise Zone Act, amends the enterprise zone designating 21 ordinance to limit the eligibility for tax abatements as 22 provided in Section 5.4.1 of the Illinois Enterprise Zone 23 Act. A municipality, at the time a redevelopment project 24 area is designated, may adopt tax increment allocation 25 financing by passing an ordinance providing that the ad 26 valorem taxes, if any, arising from the levies upon taxable 27 real property in such redevelopment project area by taxing 28 districts and tax rates determined in the manner provided in 29 paragraph (c) of Section 11-74.4-9 each year after the 30 effective date of the ordinance until redevelopment project 31 costs and all municipal obligations financing redevelopment 32 project costs incurred under this Division have been paid 33 shall be divided as follows: HB0708 Engrossed -366- LRB9203186EGfg 1 (a) That portion of taxes levied upon each taxable lot, 2 block, tract or parcel of real property which is attributable 3 to the lower of the current equalized assessed value or the 4 initial equalized assessed value of each such taxable lot, 5 block, tract or parcel of real property in the redevelopment 6 project area shall be allocated to and when collected shall 7 be paid by the county collector to the respective affected 8 taxing districts in the manner required by law in the absence 9 of the adoption of tax increment allocation financing. 10 (b) Except from a tax levied by a township to retire 11 bonds issued to satisfy court-ordered damages, that portion, 12 if any, of such taxes which is attributable to the increase 13 in the current equalized assessed valuation of each taxable 14 lot, block, tract or parcel of real property in the 15 redevelopment project area over and above the initial 16 equalized assessed value of each property in the project area 17 shall be allocated to and when collected shall be paid to the 18 municipal treasurer who shall deposit said taxes into a 19 special fund called the special tax allocation fund of the 20 municipality for the purpose of paying redevelopment project 21 costs and obligations incurred in the payment thereof. In any 22 county with a population of 3,000,000 or more that has 23 adopted a procedure for collecting taxes that provides for 24 one or more of the installments of the taxes to be billed and 25 collected on an estimated basis, the municipal treasurer 26 shall be paid for deposit in the special tax allocation fund 27 of the municipality, from the taxes collected from estimated 28 bills issued for property in the redevelopment project area, 29 the difference between the amount actually collected from 30 each taxable lot, block, tract, or parcel of real property 31 within the redevelopment project area and an amount 32 determined by multiplying the rate at which taxes were last 33 extended against the taxable lot, block, track, or parcel of 34 real property in the manner provided in subsection (c) of HB0708 Engrossed -367- LRB9203186EGfg 1 Section 11-74.4-9 by the initial equalized assessed value of 2 the property divided by the number of installments in which 3 real estate taxes are billed and collected within the county; 4 provided that the payments on or before December 31, 1999 to 5 a municipal treasurer shall be made only if each of the 6 following conditions are met: 7 (1) The total equalized assessed value of the 8 redevelopment project area as last determined was not 9 less than 175% of the total initial equalized assessed 10 value. 11 (2) Not more than 50% of the total equalized 12 assessed value of the redevelopment project area as last 13 determined is attributable to a piece of property 14 assigned a single real estate index number. 15 (3) The municipal clerk has certified to the county 16 clerk that the municipality has issued its obligations to 17 which there has been pledged the incremental property 18 taxes of the redevelopment project area or taxes levied 19 and collected on any or all property in the municipality 20 or the full faith and credit of the municipality to pay 21 or secure payment for all or a portion of the 22 redevelopment project costs. The certification shall be 23 filed annually no later than September 1 for the 24 estimated taxes to be distributed in the following year; 25 however, for the year 1992 the certification shall be 26 made at any time on or before March 31, 1992. 27 (4) The municipality has not requested that the 28 total initial equalized assessed value of real property 29 be adjusted as provided in subsection (b) of Section 30 11-74.4-9. 31 The conditions of paragraphs (1) through (4) do not apply 32 after December 31, 1999 to payments to a municipal treasurer 33 made by a county with 3,000,000 or more inhabitants that has 34 adopted an estimated billing procedure for collecting taxes. HB0708 Engrossed -368- LRB9203186EGfg 1 If a county that has adopted the estimated billing procedure 2 makes an erroneous overpayment of tax revenue to the 3 municipal treasurer, then the county may seek a refund of 4 that overpayment. The county shall send the municipal 5 treasurer a notice of liability for the overpayment on or 6 before the mailing date of the next real estate tax bill 7 within the county. The refund shall be limited to the amount 8 of the overpayment. 9 It is the intent of this Division that after the 10 effective date of this amendatory Act of 1988 a 11 municipality's own ad valorem tax arising from levies on 12 taxable real property be included in the determination of 13 incremental revenue in the manner provided in paragraph (c) 14 of Section 11-74.4-9. If the municipality does not extend 15 such a tax, it shall annually deposit in the municipality's 16 Special Tax Increment Fund an amount equal to 10% of the 17 total contributions to the fund from all other taxing 18 districts in that year. The annual 10% deposit required by 19 this paragraph shall be limited to the actual amount of 20 municipally produced incremental tax revenues available to 21 the municipality from taxpayers located in the redevelopment 22 project area in that year if: (a) the plan for the area 23 restricts the use of the property primarily to industrial 24 purposes, (b) the municipality establishing the redevelopment 25 project area is a home-rule community with a 1990 population 26 of between 25,000 and 50,000, (c) the municipality is wholly 27 located within a county with a 1990 population of over 28 750,000 and (d) the redevelopment project area was 29 established by the municipality prior to June 1, 1990. This 30 payment shall be in lieu of a contribution of ad valorem 31 taxes on real property. If no such payment is made, any 32 redevelopment project area of the municipality shall be 33 dissolved. 34 If a municipality has adopted tax increment allocation HB0708 Engrossed -369- LRB9203186EGfg 1 financing by ordinance and the County Clerk thereafter 2 certifies the "total initial equalized assessed value as 3 adjusted" of the taxable real property within such 4 redevelopment project area in the manner provided in 5 paragraph (b) of Section 11-74.4-9, each year after the date 6 of the certification of the total initial equalized assessed 7 value as adjusted until redevelopment project costs and all 8 municipal obligations financing redevelopment project costs 9 have been paid the ad valorem taxes, if any, arising from the 10 levies upon the taxable real property in such redevelopment 11 project area by taxing districts and tax rates determined in 12 the manner provided in paragraph (c) of Section 11-74.4-9 13 shall be divided as follows: 14 (1) That portion of the taxes levied upon each 15 taxable lot, block, tract or parcel of real property 16 which is attributable to the lower of the current 17 equalized assessed value or "current equalized assessed 18 value as adjusted" or the initial equalized assessed 19 value of each such taxable lot, block, tract, or parcel 20 of real property existing at the time tax increment 21 financing was adopted, minus the total current homestead 22 exemptions provided by Sections 15-170 and 15-175 of the 23 Property Tax Code in the redevelopment project area shall 24 be allocated to and when collected shall be paid by the 25 county collector to the respective affected taxing 26 districts in the manner required by law in the absence of 27 the adoption of tax increment allocation financing. 28 (2) That portion, if any, of such taxes which is 29 attributable to the increase in the current equalized 30 assessed valuation of each taxable lot, block, tract, or 31 parcel of real property in the redevelopment project 32 area, over and above the initial equalized assessed value 33 of each property existing at the time tax increment 34 financing was adopted, minus the total current homestead HB0708 Engrossed -370- LRB9203186EGfg 1 exemptions pertaining to each piece of property provided 2 by Sections 15-170 and 15-175 of the Property Tax Code in 3 the redevelopment project area, shall be allocated to and 4 when collected shall be paid to the municipal Treasurer, 5 who shall deposit said taxes into a special fund called 6 the special tax allocation fund of the municipality for 7 the purpose of paying redevelopment project costs and 8 obligations incurred in the payment thereof. 9 The municipality may pledge in the ordinance the funds in 10 and to be deposited in the special tax allocation fund for 11 the payment of such costs and obligations. No part of the 12 current equalized assessed valuation of each property in the 13 redevelopment project area attributable to any increase above 14 the total initial equalized assessed value, or the total 15 initial equalized assessed value as adjusted, of such 16 properties shall be used in calculating the general State 17 school aid formula, provided for in Section 18-8 of the 18 School Code, until such time as all redevelopment project 19 costs have been paid as provided for in this Section. 20 Whenever a municipality issues bonds for the purpose of 21 financing redevelopment project costs, such municipality may 22 provide by ordinance for the appointment of a trustee, which 23 may be any trust company within the State, and for the 24 establishment of such funds or accounts to be maintained by 25 such trustee as the municipality shall deem necessary to 26 provide for the security and payment of the bonds. If such 27 municipality provides for the appointment of a trustee, such 28 trustee shall be considered the assignee of any payments 29 assigned by the municipality pursuant to such ordinance and 30 this Section. Any amounts paid to such trustee as assignee 31 shall be deposited in the funds or accounts established 32 pursuant to such trust agreement, and shall be held by such 33 trustee in trust for the benefit of the holders of the bonds, 34 and such holders shall have a lien on and a security interest HB0708 Engrossed -371- LRB9203186EGfg 1 in such funds or accounts so long as the bonds remain 2 outstanding and unpaid. Upon retirement of the bonds, the 3 trustee shall pay over any excess amounts held to the 4 municipality for deposit in the special tax allocation fund. 5 When such redevelopment projects costs, including without 6 limitation all municipal obligations financing redevelopment 7 project costs incurred under this Division, have been paid, 8 all surplus funds then remaining in the special tax 9 allocation fund shall be distributed by being paid by the 10 municipal treasurer to the Department of Revenue, the 11 municipality and the county collector; first to the 12 Department of Revenue and the municipality in direct 13 proportion to the tax incremental revenue received from the 14 State and the municipality, but not to exceed the total 15 incremental revenue received from the State or the 16 municipality less any annual surplus distribution of 17 incremental revenue previously made; with any remaining funds 18 to be paid to the County Collector who shall immediately 19 thereafter pay said funds to the taxing districts in the 20 redevelopment project area in the same manner and proportion 21 as the most recent distribution by the county collector to 22 the affected districts of real property taxes from real 23 property in the redevelopment project area. 24 Upon the payment of all redevelopment project costs, 25 retirement of obligations and the distribution of any excess 26 monies pursuant to this Section, the municipality shall adopt 27 an ordinance dissolving the special tax allocation fund for 28 the redevelopment project area and terminating the 29 designation of the redevelopment project area as a 30 redevelopment project area. Municipalities shall notify 31 affected taxing districts prior to November 1 if the 32 redevelopment project area is to be terminated by December 31 33 of that same year. If a municipality extends estimated dates 34 of completion of a redevelopment project and retirement of HB0708 Engrossed -372- LRB9203186EGfg 1 obligations to finance a redevelopment project, as allowed by 2 this amendatory Act of 1993, that extension shall not extend 3 the property tax increment allocation financing authorized by 4 this Section. Thereafter the rates of the taxing districts 5 shall be extended and taxes levied, collected and distributed 6 in the manner applicable in the absence of the adoption of 7 tax increment allocation financing. 8 Nothing in this Section shall be construed as relieving 9 property in such redevelopment project areas from being 10 assessed as provided in the Property Tax Code or as relieving 11 owners of such property from paying a uniform rate of taxes, 12 as required by Section 4 of Article 9 of the Illinois 13 Constitution. 14 (Source: P.A. 90-258, eff. 7-30-97; 91-190, eff. 7-20-99; 15 91-478, eff. 11-1-99; revised 10-13-99.) 16 Section 46. The Metropolitan Pier and Exposition 17 Authority Act is amended by changing Section 23.1 as follows: 18 (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1) 19 Sec. 23.1. (a) The Authority shall, within 90 days 20 after the effective date of this amendatory Act of 1984, 21 establish and maintain an affirmative action program designed 22 to promote equal employment opportunity and eliminate the 23 effects of past discrimination. Such program shall include a 24 plan, including timetables where appropriate, which shall 25 specify goals and methods for increasing participation by 26 women and minorities in employment by the Authority and by 27 parties which contract with the Authority. The Authority 28 shall submit a detailed plan with the General Assembly prior 29 to September 1 of each year. Such program shall also 30 establish procedures and sanctions (including debarment), 31 which the Authority shall enforce to ensure compliance with 32 the plan established pursuant to this Section and with State HB0708 Engrossed -373- LRB9203186EGfg 1 and federal laws and regulations relating to the employment 2 of women and minorities. A determination by the Authority as 3 to whether a party to a contract with the Authority has 4 achieved the goals or employed the methods for increasing 5 participation by women and minorities shall be determined in 6 accordance with the terms of such contracts or the applicable 7 provisions of rules and regulations of the Authority existing 8 at the time such contract was executed, including any 9 provisions for consideration of good faith efforts at 10 compliance which the Authority may reasonably adopt. 11 (b) The Authority shall adopt and maintain minority and 12 female owned business enterprise procurement programs under 13 the affirmative action program described in subsection (a) 14 for any and all work undertaken by the Authority. That work 15 shall include, but is not limited to, the purchase of 16 professional services, construction services, supplies, 17 materials, and equipment. The programs shall establish goals 18 of awarding not less than 25% of the annual dollar value of 19 all contracts, purchase orders, or other agreements 20 (collectively referred to as "contracts") to minority owned 21 businesses and 5% of the annual dollar value of all contracts 22 to female owned businesses. Without limiting the generality 23 of the foregoing, the programs shall require in connection 24 with the prequalification or consideration of vendors for 25 professional service contracts, construction contracts, and 26 contracts for supplies, materials, equipment, and services 27 that each proposer or bidder submit as part of his or her 28 proposal or bid a commitment detailing how he or she will 29 expend 25% or more of the dollar value of his or her 30 contracts with one or more minority owned businesses and 5% 31 or more of the dollar value with one or more female owned 32 businesses. Bids or proposals that do not include such 33 detailed commitments are not responsive and shall be rejected 34 unless the Authority deems it appropriate to grant a waiver HB0708 Engrossed -374- LRB9203186EGfg 1 of these requirements. In addition the Authority may, in 2 connection with the selection of providers of professional 3 services, reserve the right to select a minority or female 4 owned business or businesses to fulfill the commitment to 5 minority and female business participation. The commitment 6 to minority and female business participation may be met by 7 the contractor or professional service provider's status as a 8 minority or female owned business, by joint venture or by 9 subcontracting a portion of the work with or purchasing 10 materials for the work from one or more such businesses, or 11 by any combination thereof. Each contract shall require the 12 contractor or provider to submit a certified monthly report 13 detailing the status of that contractor or provider's 14 compliance with the Authority's minority and female owned 15 business enterprise procurement program. The Authority, 16 after reviewing the monthly reports of the contractors and 17 providers, shall compile a comprehensive report regarding 18 compliance with this procurement program and file it 19 quarterly with the General Assembly. If, in connection with 20 a particular contract, the Authority determines that it is 21 impracticable or excessively costly to obtain minority or 22 female owned businesses to perform sufficient work to fulfill 23 the commitment required by this subsection, the Authority 24 shall reduce or waive the commitment in the contract, as may 25 be appropriate. The Authority shall establish rules and 26 regulations setting forth the standards to be used in 27 determining whether or not a reduction or waiver is 28 appropriate. The terms "minority owned business" and "female 29 owned business" have the meanings given to those terms in the 30Minority and FemaleBusiness Enterprise for Minorities, 31 Females, and Persons with Disabilities Act. 32 (c) The Authority shall adopt and maintain an 33 affirmative action program in connection with the hiring of 34 minorities and women on the Expansion Project and on any and HB0708 Engrossed -375- LRB9203186EGfg 1 all construction projects undertaken by the Authority. The 2 program shall be designed to promote equal employment 3 opportunity and shall specify the goals and methods for 4 increasing the participation of minorities and women in a 5 representative mix of job classifications required to perform 6 the respective contracts awarded by the Authority. 7 (d) In connection with the Expansion Project, the 8 Authority shall incorporate the following elements into its 9 minority and female owned business procurement programs to 10 the extent feasible: (1) a major contractors program that 11 permits minority owned businesses and female owned businesses 12 to bear significant responsibility and risk for a portion of 13 the project; (2) a mentor/protege program that provides 14 financial, technical, managerial, equipment, and personnel 15 support to minority owned businesses and female owned 16 businesses; (3) an emerging firms program that includes 17 minority owned businesses and female owned businesses that 18 would not otherwise qualify for the project due to 19 inexperience or limited resources; (4) a small projects 20 program that includes participation by smaller minority owned 21 businesses and female owned businesses on jobs where the 22 total dollar value is $5,000,000 or less; and (5) a set-aside 23 program that will identify contracts requiring the 24 expenditure of funds less than $50,000 for bids to be 25 submitted solely by minority owned businesses and female 26 owned businesses. 27 (e) The Authority is authorized to enter into agreements 28 with contractors' associations, labor unions, and the 29 contractors working on the Expansion Project to establish an 30 Apprenticeship Preparedness Training Program to provide for 31 an increase in the number of minority and female journeymen 32 and apprentices in the building trades and to enter into 33 agreements with Community College District 508 to provide 34 readiness training. The Authority is further authorized to HB0708 Engrossed -376- LRB9203186EGfg 1 enter into contracts with public and private educational 2 institutions and persons in the hospitality industry to 3 provide training for employment in the hospitality industry. 4 (f) McCormick Place Advisory Board. There is created a 5 McCormick Place Advisory Board composed as follows: 7 members 6 shall be named by the Authority who are residents of the area 7 surrounding the McCormick Place Expansion Project and are 8 either minorities, as defined in this subsection, or women; 7 9 members shall be State Senators named by the President of the 10 Senate who are residents of the City of Chicago and are 11 either members of minority groups or women; and 7 members 12 shall be State Representatives named by the Speaker of the 13 House who are residents of the City of Chicago and are either 14 members of minority groups or women. A State Senator or 15 State Representative member may appoint a designee to serve 16 on the McCormick Place Advisory Board in his or her absence. 17 A "member of a minority group" shall mean a person who is 18 a citizen or lawful permanent resident of the United States 19 and who is 20 (1) Black (a person having origins in any of the 21 black racial groups in Africa); 22 (2) Hispanic (a person of Spanish or Portuguese 23 culture with origins in Mexico, South or Central America, 24 or the Caribbean Islands, regardless of race); 25 (3) Asian American (a person having origins in any 26 of the original peoples of the Far East, Southeast Asia, 27 the Indian Subcontinent, or the Pacific Islands); or 28 (4) American Indian or Alaskan Native (a person 29 having origins in any of the original peoples of North 30 America). 31 Members of the McCormick Place Advisory Board shall serve 32 2-year terms and until their successors are appointed, except 33 members who serve as a result of their elected position whose 34 terms shall continue as long as they hold their designated HB0708 Engrossed -377- LRB9203186EGfg 1 elected positions. Vacancies shall be filled by appointment 2 for the unexpired term in the same manner as original 3 appointments are made. The McCormick Place Advisory Board 4 shall elect its own chairperson. 5 Members of the McCormick Place Advisory Board shall serve 6 without compensation but, at the Authority's discretion, 7 shall be reimbursed for necessary expenses in connection with 8 the performance of their duties. 9 The McCormick Place Advisory Board shall meet quarterly, 10 or as needed, shall produce any reports it deems necessary, 11 and shall: 12 (1) Work with the Authority on ways to improve the 13 area physically and economically; 14 (2) Work with the Authority regarding potential 15 means for providing increased economic opportunities to 16 minorities and women produced indirectly or directly from 17 the construction and operation of the Expansion Project; 18 (3) Work with the Authority to minimize any 19 potential impact on the area surrounding the McCormick 20 Place Expansion Project, including any impact on minority 21 or female owned businesses, resulting from the 22 construction and operation of the Expansion Project; 23 (4) Work with the Authority to find candidates for 24 building trades apprenticeships, for employment in the 25 hospitality industry, and to identify job training 26 programs; 27 (5) Work with the Authority to implement the 28 provisions of subsections (a) through (e) of this Section 29 in the construction of the Expansion Project, including 30 the Authority's goal of awarding not less than 25% and 5% 31 of the annual dollar value of contracts to minority and 32 female owned businesses, the outreach program for 33 minorities and women, and the mentor/protege program for 34 providing assistance to minority and female owned HB0708 Engrossed -378- LRB9203186EGfg 1 businesses. 2 (Source: P.A. 91-422, eff. 1-1-00; revised 8-23-99.) 3 Section 46.2. The Public Health District Act is amended 4 by changing Section 24 as follows: 5 (70 ILCS 905/24) (from Ch. 111 1/2, par. 20.4) 6 Sec. 24. The bonds authorized by this Act shall be sold 7 and the proceeds thereof used solely for the specified 8 purpose. At or before the time of delivery of any bond, the 9 board shall file with the county clerk of each county in 10 which the district is situated its certificates, stating the 11 amount of bonds to be issued, or denominations, rate of 12 interest, where payable, and shall include a form of bond to 13 be issued. The board shall levy a direct tax upon all of the 14 taxable property within the district sufficient to pay the 15 principalprincipleand interest on the bonds as and when the 16 same respectively mature. The certificates so filed shall be 17 full authority to the county clerk to extend the tax named 18 therein upon all the taxable property within the district. 19 Such tax shall be in addition to all other taxes and shall 20 not be within any rate limitation otherwise prescribed by 21 law. 22 The proceeds received from the sale of the bonds shall be 23 received and held by the board and expended under its 24 direction upon the warrant of a majority of the members. 25 (Source: Laws 1953, p. 900; revised 9-22-00.) 26 Section 46.4. The Metropolitan Water Reclamation 27 District Act is amended by changing Section 8c as follows: 28 (70 ILCS 2605/8c) (from Ch. 42, par. 327c) 29 Sec. 8c. Every lease of property no longer or not 30 immediately required for corporate purposes of a sanitary HB0708 Engrossed -379- LRB9203186EGfg 1 district, from such district to others for a term not to 2 exceed 99 years, in accordance with Section 8 of this Act, 3 shall be negotiated, created and executed in the following 4 manner: 5 (1) Notice of such proposed leasing shall be published 6 for 3 consecutive weeks in a newspaper of general circulation 7 published in such sanitary district, if any, and otherwise in 8 the county containing such district.;9 (2) Prior to receipt of bids for the lease under this 10 Section, the fair market value of every parcel of real 11 property to be leased must be determined by 2 professional 12 appraisers who are members of the American Institute of Real 13 Estate Appraisers or a similar, equivalently recognized 14 professional organization. The sanitary district acting 15 through the general superintendent may select and engage an 16 additional appraiser for such determination of fair market 17 value. Every appraisal report must contain an affidavit 18 certifying the absence of any collusion involving the 19 appraiser and relating to the lease of such property.;20 (3) Such lease must be awarded to the highest 21 responsible bidder (including established commercial or 22 industrial concerns and financially responsible individuals) 23 upon free and open competitive bids, except that no lease may 24 be awarded unless the bid of such highest responsible bidder 25 provides for an annual rental payment to the sanitary 26 district of at least 6% of the fair market value determined 27 under this Section.;28 (4) Prior to acceptance of the bid of the highest 29 responsible bidder and before execution of the lease the 30 bidder shall submit to the board of commissioners and general 31 superintendent, for incorporation in the lease, a detailed 32 plan and description of improvements to be constructed upon 33 the leased property, the time within which the improvements 34 will be completed, and the intended uses of the leased HB0708 Engrossed -380- LRB9203186EGfg 1 property. If there is more than one responsible bid, the 2 board of commissioners may authorize and direct the general 3 superintendent to solicit from the 2 highest responsible 4 bidders written amendments to their prior bids, increasing 5 their rental bid proposal by at least 5% in excess of their 6 prior written bid, or otherwise amending the financial terms 7 of their bid so as to maximize the financial return to the 8 sanitary district during the term of the proposed lease. 9 Upon the general superintendent's tentative agreement with 10 one or more amended bids, the bids may be submitted to the 11 board of commissioners with the recommendation of the general 12 superintendent for acceptance of one or rejection of all. 13 The amendments may not result in a diminution of the terms of 14 the transaction and must result in an agreement that is equal 15 to or greater in value than the highest responsible bid 16 initially received.;17 (5) The execution of such lease must be contemporaneous 18 to the execution by the lessee, each member of the board of 19 commissioners and the general superintendent of an affidavit 20 certifying the absence of any collusion involving the lessee, 21 the members and the general superintendent and relating to 22 such lease.;23 (6) No later than 30 days after the effective date of 24 the lease, the lessee must deliver to the sanitary district a 25 certified statement of the County Assessor, Township Assessor 26 or the county clerk of the county wherein the property is 27 situated that such property is presently contained in the 28 official list of lands and lots to be assessed for taxes for 29 the several towns or taxing districts in his county.;30 (7) Such lease shall provide for a fixed annual rental 31 payment for the first year not less than 6% of the fair 32 market value as determined under this Section and may be 33 subject to annual adjustments based on changes in the 34 Consumer Price Index published by the United States HB0708 Engrossed -381- LRB9203186EGfg 1 Department of Labor, Bureau of Labor Statistics, or some 2 other well known economic governmental activity index. Any 3 lease, the term of which will extend for 15 years or more, 4 shall provide for a redetermination of the fair market value 5 (independent of improvements to the property subsequent to 6 the effective date of the lease) after the initial 10 years 7 and every 10 years thereafter, in the manner set forth in 8 paragraph (2) of this Section, said redetermination to be as 9 of the first day of each succeeding 10 year period, and 10 annual rental payments shall be adjusted so that the ratio of 11 annual rental to fair market value shall be the same as that 12 ratio for the first year of the preceding 10 year period. 13 The rental payment for the first year of the new 10 year 14 period may be subject to Consumer Price Index or other 15 allowable index adjustments for each of the next 9 years, or 16 until the end of the lease term if there are less than 9 17 years remaining. 18 (8) A sanitary district may require compensation to be 19 paid in addition to rent, based on a reasonable percentage of 20 revenues derived from a lessee's business operations on the 21 leasehold premises or subleases, or may require additional 22 compensation from the lessee or any sublessee in the form of 23 services, including but not limited to solid waste disposal; 24 provided, however, that such additional compensation shall 25 not be considered in determining the highest responsible bid, 26 said highest responsible bid to be determined only on the 27 initial annual rental payment as set forth in paragraph (3) 28 of this Section. 29 (9) No assignment of such lease or sublease of such 30 property is effective unless approved in writing by the 31 general superintendent and the board of commissioners of the 32 sanitary district. No assignment or sublease is effective if 33 the assignee or sublessee is a trust constituted by real 34 property of which the trustee has title but no power of HB0708 Engrossed -382- LRB9203186EGfg 1 management or control, unless the identity of the 2 beneficiaries of the trust is revealed, upon demand, to the 3 general superintendent and the board of commissioners of the 4 sanitary district.;5 (10) Failure by the lessee to comply with a provision in 6 the lease relating to improvements upon the leased property 7 or any other provision constitutes grounds for forfeiture of 8 the lease, and upon such failure the sanitary district acting 9 through the general superintendent shall serve the lessee 10 with a notice to terminate the lease and deliver possession 11 of the property to the sanitary district within a particular 12 period.;13 (11) If the general superintendent and the board of 14 commissioners conclude that it would be in the public 15 interest, said sanitary district may lease to the United 16 States of America and the State of Illinois, County of Cook, 17 any municipal corporation, or any institution of higher 18 learning which has been in existence for 5 years prior to 19 said lease, provided that such lease limit the institution's 20 use of the leased land to only those purposes relating to the 21 operation of such institution's academic or physical 22 educational programs without complying with the prior 23 provisions of this section, upon such terms as may be 24 mutually agreed upon, in accordance with an act concerning 25 "Transfer of Real Estate between Municipal Corporations", 26 approved July 2, 1925, as amended, with provisions that such 27 property is to be applied exclusively to public recreational 28 purposes or other public purposes and that such lease is 29 terminable in accordance with service of a one-year notice to 30 terminate after determination by the board of commissioners 31 and the general superintendent that such property (or part 32 thereof) has become essential to the corporate purposes of 33 the sanitary district. 34 (Source: P.A. 91-248, eff. 1-1-00; revised 3-9-00.) HB0708 Engrossed -383- LRB9203186EGfg 1 Section 47. The Illinois Sports Facilities Authority Act 2 is amended by changing Section 9 as follows: 3 (70 ILCS 3205/9) (from Ch. 85, par. 6009) 4 (Text of Section before amendment by P.A. 91-935) 5 Sec. 9. Duties. In addition to the powers set forth 6 elsewhere in this Act, subject to the terms of any agreements 7 with the holders of the Authority's bonds or notes, the 8 Authority shall: 9 (1) Comply with all zoning, building, and land use 10 controls of the municipality within which it owns any 11 stadium facility.;12 (2) Enter into a management agreement with a tenant 13 to operate the facility for a period at least as long as 14 the term of any bonds issued to finance construction of 15 the facility. Such agreement shall contain appropriate 16 and reasonable provisions with respect to termination, 17 default and legal remedies.;18 (3) Create and maintain a financial reserve for 19 repair and replacement of capital assets and deposit into 20 this reserve not less than $1,000,000 per year beginning 21 at such time as the Authority and the tenant shall 22 agree.;23 (4) Acquire a site or sites for a facility 24 reasonably accessible to the interested public and 25 capable of providing adequate spaces for automobile 26 parking.;27 (5) In connection with prequalification of general 28 contractors for construction of the new stadium facility, 29 the Authority shall require submission of a commitment 30 detailing how the general contractor will expend 25% or 31 more of the dollar value of the general contract with one 32 or more minority business enterprises and 5% or more of 33 the dollar value with one or more female business HB0708 Engrossed -384- LRB9203186EGfg 1 enterprises. This commitment may be met by contractor's 2 status as a minority business enterprise or female 3 business enterprise, by a joint venture or by 4 subcontracting a portion of the work with or by 5 purchasing materials for the work from one or more such 6 enterprises, or by any combination thereof. Any contract 7 with the general contractor for construction of the new 8 stadium facility shall require the general contractor to 9 meet the foregoing obligations and shall require monthly 10 reporting to the Authority with respect to the status of 11 the implementation of the contractor's affirmative action 12 plan and compliance with that plan. This report shall be 13 filed with the General Assembly. The Authority shall 14 establish and maintain an affirmative action program 15 designed to promote equal employment opportunity which 16 specifies the goals and methods for increasing 17 participation by minorities and women in a representative 18 mix of job classifications required to perform the 19 respective contracts. The Authority shall file a report 20 before March 1 of each year with the General Assembly 21 detailing its implementation of this paragraph. The 22 terms "minority business enterprise" and "female business 23 enterprise" shall have the same meanings as "minority 24 owned business" and "female owned business", 25 respectively, as definedprovidedin theMinority and26FemaleBusiness Enterprise for Minorities, Females, and 27 Persons with Disabilities Act.;28 (6) Provide for the construction of any facility 29 pursuant to one or more contracts which require delivery 30 of a completed facility at a fixed maximum price to be 31 insured or guaranteed by a third party determined by the 32 Authority to be financially capable of causing completion 33 of construction of such a facility. 34 (Source: P.A. 85-1034; revised 8-23-99.) HB0708 Engrossed -385- LRB9203186EGfg 1 (Text of Section after amendment by P.A. 91-935) 2 Sec. 9. Duties. In addition to the powers set forth 3 elsewhere in this Act, subject to the terms of any agreements 4 with the holders of the Authority's bonds or notes, the 5 Authority shall: 6 (1) Comply with all zoning, building, and land use 7 controls of the municipality within which is located any 8 stadium facility owned by the Authority or for which the 9 Authority provides financial assistance. 10 (2) With respect to a facility owned or to be owned 11 by the Authority, enter or have entered into a management 12 agreement with a tenant of the Authority to operate the 13 facility that requires the tenant to operate the facility 14 for a period at least as long as the term of any bonds 15 issued to finance the development, establishment, 16 construction, erection, acquisition, repair, 17 reconstruction, remodeling, adding to, extension, 18 improvement, equipping, operation, and maintenance of the 19 facility. Such agreement shall contain appropriate and 20 reasonable provisions with respect to termination, 21 default and legal remedies. 22 (3) With respect to a facility owned or to be owned 23 by a governmental owner other than the Authority, enter 24 into an assistance agreement with either a governmental 25 owner of a facility or its tenant, or both, that requires 26 the tenant, or if the tenant is not a party to the 27 assistance agreement requires the governmental owner to 28 enter into an agreement with the tenant that requires the 29 tenant to use the facility for a period at least as long 30 as the term of any bonds issued to finance the 31 reconstruction, renovation, remodeling, extension or 32 improvement of all or substantially all of the facility. 33 (4) Create and maintain a separate financial 34 reserve for repair and replacement of capital assets of HB0708 Engrossed -386- LRB9203186EGfg 1 any facility owned by the Authority or for which the 2 Authority provides financial assistance and deposit into 3 this reserve not less than $1,000,000 per year for each 4 such facility beginning at such time as the Authority and 5 the tenant, or the Authority and a governmental owner of 6 a facility, as applicable, shall agree. 7 (5) In connection with prequalification of general 8 contractors for the construction of a new stadium 9 facility or the reconstruction, renovation, remodeling, 10 extension, or improvement of all or substantially all of 11 an existing facility, the Authority shall require 12 submission of a commitment detailing how the general 13 contractor will expend 25% or more of the dollar value of 14 the general contract with one or more minority business 15 enterprises and 5% or more of the dollar value with one 16 or more female business enterprises. This commitment may 17 be met by contractor's status as a minority business 18 enterprise or female business enterprise, by a joint 19 venture or by subcontracting a portion of the work with 20 or by purchasing materials for the work from one or more 21 such enterprises, or by any combination thereof. Any 22 contract with the general contractor for construction of 23 the new stadium facility and any contract for the 24 reconstruction, renovation, remodeling, adding to, 25 extension or improvement of all or substantially all of 26 an existing facility shall require the general contractor 27 to meet the foregoing obligations and shall require 28 monthly reporting to the Authority with respect to the 29 status of the implementation of the contractor's 30 affirmative action plan and compliance with that plan. 31 This report shall be filed with the General Assembly. 32 The Authority shall establish and maintain an 33 affirmative action program designed to promote equal 34 employment opportunity which specifies the goals and HB0708 Engrossed -387- LRB9203186EGfg 1 methods for increasing participation by minorities and 2 women in a representative mix of job classifications 3 required to perform the respective contracts. The 4 Authority shall file a report before March 1 of each year 5 with the General Assembly detailing its implementation of 6 this paragraph. The terms "minority business enterprise" 7 and "female business enterprise" shall have the same 8 meanings as "minority owned business" and "female owned 9 business", respectively, as defined in the Business 10 Enterprise for Minorities, Females, and Persons with 11 Disabilities Act. 12 (6) Provide for the construction of any new 13 facility pursuant to one or more contracts which require 14 delivery of a completed facility at a fixed maximum price 15 to be insured or guaranteed by a third party determined 16 by the Authority to be financially capable of causing 17 completion of such construction of the new facility. 18 In connection with any assistance agreement with a 19 governmental owner that provides financial assistance for a 20 facility to be used by a National Football League team, the 21 assistance agreement shall provide that the Authority or its 22 agent shall enter into the contract or contracts for the 23 design and construction services or design/build services for 24 such facility and thereafter transfer its rights and 25 obligations under the contract or contracts to the 26 governmental owner of the facility. In seeking parties to 27 provide design and construction services or design/build 28 services with respect to such facility, the Authority may use 29 such procurement procedures as it may determine, including, 30 without limitation, the selection of design professionals and 31 construction managers or design/builders as may be required 32 by a team that is at risk, in whole or in part, for the cost 33 of design and construction of the facility. 34 An assistance agreement may not provide, directly or HB0708 Engrossed -388- LRB9203186EGfg 1 indirectly, for the payment to the Chicago Park District of 2 more than a total of $10,000,000 on account of the District's 3 loss of property or revenue in connection with the renovation 4 of a facility pursuant to the assistance agreement. 5 (Source: P.A. 91-935, eff. 6-1-01.) 6 Section 48. The Regional Transportation Authority Act is 7 amended by changing Section 4.09 as follows: 8 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09) 9 Sec. 4.09. Public Transportation Fund and the Regional 10 Transportation Authority Occupation and Use Tax Replacement 11 Fund. 12 (a) As soon as possible after the first day of each 13 month, beginning November 1, 1983, the Comptroller shall 14 order transferred and the Treasurer shall transfer from the 15 General Revenue Fund to a special fund in the State Treasury, 16 to be known as the "Public Transportation Fund" $9,375,000 17 for each month remaining in State fiscal year 1984. As soon 18 as possible after the first day of each month, beginning July 19 1, 1984, upon certification of the Department of Revenue, the 20 Comptroller shall order transferred and the Treasurer shall 21 transfer from the General Revenue Fund to the Public 22 Transportation Fund an amount equal to 25% of the net 23 revenue, before the deduction of the serviceman and retailer 24 discounts pursuant to Section 9 of the Service Occupation Tax 25 Act and Section 3 of the Retailers' Occupation Tax Act, 26 realized from any tax imposed by the Authority pursuant to 27 Sections 4.03 and 4.03.1 and 25% of the amounts deposited 28 into the Regional Transportation Authority tax fund created 29 by Section 4.03 of this Act, from the County and Mass Transit 30 District Fund as provided in Section 6z-20 of the State 31 Finance Act and 25% of the amounts deposited into the 32 Regional Transportation Authority Occupation and Use Tax HB0708 Engrossed -389- LRB9203186EGfg 1 Replacement Fund from the State and Local Sales Tax Reform 2 Fund as provided in Section 6z-17 of the State Finance Act. 3 Net revenue realized for a month shall be the revenue 4 collected by the State pursuant to Sections 4.03 and 4.03.1 5 during the previous month from within the metropolitan 6 region, less the amount paid out during that same month as 7 refunds to taxpayers for overpayment of liability in the 8 metropolitan region under Sections 4.03 and 4.03.1. 9 (b) (1) All moneys deposited in the Public 10 Transportation Fund and the Regional Transportation 11 Authority Occupation and Use Tax Replacement Fund, 12 whether deposited pursuant to this Section or otherwise, 13 are allocated to the Authority. Pursuant to 14 appropriation, the Comptroller, as soon as possible after 15 each monthly transfer provided in this Section and after 16 each deposit into the Public Transportation Fund, shall 17 order the Treasurer to pay to the Authority out of the 18 Public Transportation Fund the amount so transferred or 19 deposited. Such amounts paid to the Authority may be 20 expended by it for its purposes as provided in this Act. 21 Subject to appropriation to the Department of 22 Revenue, the Comptroller, as soon as possible after each 23 deposit into the Regional Transportation Authority 24 Occupation and Use Tax Replacement Fund provided in this 25 Section and Section 6z-17 of the State Finance Act, shall 26 order the Treasurer to pay to the Authority out of the 27 Regional Transportation Authority Occupation and Use Tax 28 Replacement Fund the amount so deposited. Such amounts 29 paid to the Authority may be expended by it for its 30 purposes as provided in this Act. 31 (2) Provided, however, no moneys deposited under 32 subsection (a) of this Section shall be paid from the 33 Public Transportation Fund to the Authority or its 34 assignee for any fiscal year beginning after the HB0708 Engrossed -390- LRB9203186EGfg 1 effective date of this amendatory Act of 1983 until the 2 Authority has certified to the Governor, the Comptroller, 3 and the Mayor of the City of Chicago that it has adopted 4 for that fiscal year a budget and financial plan meeting 5 the requirements in Section 4.01(b). 6 (c) In recognition of the efforts of the Authority to 7 enhance the mass transportation facilities under its control, 8 the State shall provide financial assistance ("Additional 9 State Assistance") in excess of the amounts transferred to 10 the Authority from the General Revenue Fund under subsection 11 (a) of this Section. Additional State Assistance shall be 12 calculated as provided in subsection (d), but shall in no 13 event exceed the following specified amounts with respect to 14 the following State fiscal years: 15 1990 $5,000,000; 16 1991 $5,000,000; 17 1992 $10,000,000; 18 1993 $10,000,000; 19 1994 $20,000,000; 20 1995 $30,000,000; 21 1996 $40,000,000; 22 1997 $50,000,000; 23 1998 $55,000,000; and 24 each year thereafter $55,000,000. 25 (c-5) The State shall provide financial assistance 26 ("Additional Financial Assistance") in addition to the 27 Additional State Assistance provided by subsection (c) and 28 the amounts transferred to the Authority from the General 29 Revenue Fund under subsection (a) of this Section. 30 Additional Financial Assistance provided by this subsection 31 shall be calculated as provided in subsection (d), but shall 32 in no event exceed the following specified amounts with 33 respect to the following State fiscal years: 34 2000 $0; HB0708 Engrossed -391- LRB9203186EGfg 1 2001 $16,000,000; 2 2002 $35,000,000; 3 2003 $54,000,000; 4 2004 $73,000,000; 5 2005 $93,000,000; and 6 each year thereafter $100,000,000. 7 (d) Beginning with State fiscal year 1990 and continuing 8 for each State fiscal year thereafter, the Authority shall 9 annually certify to the State Comptroller and State 10 Treasurer, separately with respect to each of subdivisions 11 (g)(2) and (g)(3) of Section 4.04 of this Act, the following 12 amounts: 13 (1) The amount necessary and required, during the 14 State fiscal year with respect to which the certification 15 is made, to pay its obligations for debt service on all 16 outstanding bonds or notes issued by the Authority under 17 subdivisions (g)(2) and (g)(3) of Section 4.04 of this 18 Act. 19 (2) An estimate of the amount necessary and 20 required to pay its obligations for debt service for any 21 bonds or notes which the Authority anticipates it will 22 issue under subdivisions (g)(2) and (g)(3) of Section 23 4.04 during that State fiscal year. 24 (3) Its debt service savings during the preceding 25 State fiscal year from refunding or advance refunding of 26 bonds or notes issued under subdivisions (g)(2) and 27 (g)(3) of Section 4.04. 28 (4) The amount of interest, if any, earned by the 29 Authority during the previous State fiscal year on the 30 proceeds of bonds or notes issued pursuant to 31 subdivisions (g)(2) and (g)(3) of Section 4.04, other 32 than refunding or advance refunding bonds or notes. 33 The certification shall include a specific schedule of 34 debt service payments, including the date and amount of each HB0708 Engrossed -392- LRB9203186EGfg 1 payment for all outstanding bonds or notes and an estimated 2 schedule of anticipated debt service for all bonds and notes 3 it intends to issue, if any, during that State fiscal year, 4 including the estimated date and estimated amount of each 5 payment. 6 Immediately upon the issuance of bonds for which an 7 estimated schedule of debt service payments was prepared, the 8 Authority shall file an amended certification with respect to 9 item (2) above, to specify the actual schedule of debt 10 service payments, including the date and amount of each 11 payment, for the remainder of the State fiscal year. 12 On the first day of each month of the State fiscal year 13 in which there are bonds outstanding with respect to which 14 the certification is made, the State Comptroller shall order 15 transferred and the State Treasurer shall transfer from the 16 General Revenue Fund to the Public Transportation Fund the 17 Additional State Assistance and Additional Financial 18 Assistance in an amount equal to the aggregate of (i) 19 one-twelfth of the sum of the amounts certified under items 20 (1) and (3) above less the amount certified under item (4) 21 above, plus (ii) the amount required to pay debt service on 22 bonds and notes issued during the fiscal year, if any, 23 divided by the number of months remaining in the fiscal year 24 after the date of issuance, or some smaller portion as may be 25 necessary under subsection (c) or (c-5) of this Section for 26 the relevant State fiscal year, plus (iii) any cumulative 27 deficiencies in transfers for prior months, until an amount 28 equal to the sum of the amounts certified under items (1) and 29 (3) above, plus the actual debt service certified under item 30 (2) above, less the amount certified under item (4) above, 31 has been transferred; except that these transfers are subject 32 to the following limits: 33 (A) In no event shall the total transfers in any 34 State fiscal year relating to outstanding bonds and notes HB0708 Engrossed -393- LRB9203186EGfg 1 issued by the Authority under subdivision (g)(2) of 2 Section 4.04 exceed the lesser of the annual maximum 3 amount specified in subsection (c) or the sum of the 4 amounts certified under items (1) and (3) above, plus the 5 actual debt service certified under item (2) above, less 6 the amount certified under item (4) above, with respect 7 to those bonds and notes. 8 (B) In no event shall the total transfers in any 9 State fiscal year relating to outstanding bonds and notes 10 issued by the Authority under subdivision (g)(3) of 11 Section 4.04 exceed the lesser of the annual maximum 12 amount specified in subsection (c-5) or the sum of the 13 amounts certified under items (1) and (3) above, plus the 14 actual debt service certified under item (2) above, less 15 the amount certified under item (4) above, with respect 16 to those bonds and notes. 17 The term "outstanding" does not include bonds or notes 18 for which refunding or advance refunding bonds or notes have 19 been issued. 20 (e) Neither Additional State Assistance nor Additional 21 Financial Assistance may be pledged, either directly or 22 indirectly as general revenues of the Authority, as security 23 for any bonds issued by the Authority. The Authority may not 24 assign its right to receive Additional State Assistance or 25 Additional Financial Assistance, or direct payment of 26 Additional State Assistance or Additional Financial 27 Assistance, to a trustee or any other entity for the payment 28 of debt service on its bonds. 29 (f) The certification required under subsection (d) with 30 respect to outstanding bonds and notes of the Authority shall 31 be filed as early as practicable before the beginning of the 32 State fiscal year to which it relates. The certification 33 shall be revised as may be necessary to accurately state the 34 debt service requirements of the Authority. HB0708 Engrossed -394- LRB9203186EGfg 1 (g) Within 6 months of the end of the 3 month period 2 ending December 31, 1983, and each fiscal year thereafter, 3 the Authority shall determine whether the aggregate of all 4 system generated revenues for public transportation in the 5 metropolitan region which is provided by, or under grant or 6 purchase of service contracts with, the Service Boards equals 7 50% of the aggregate of all costs of providing such public 8 transportation. "System generated revenues" include all the 9 proceeds of fares and charges for services provided, 10 contributions received in connection with public 11 transportation from units of local government other than the 12 Authority and from the State pursuant to subsection (i) of 13 Section 2705-305 of the Department of Transportation Law (20 14 ILCS 2705/2705-305), and all other revenues properly included 15 consistent with generally accepted accounting principles but 16 may not include the proceeds from any borrowing. "Costs" 17 include all items properly included as operating costs 18 consistent with generally accepted accounting principles, 19 including administrative costs, but do not include: 20 depreciation; payment of principal and interest on bonds, 21 notes or other evidences of obligations for borrowed money of 22 the Authority; payments with respect to public transportation 23 facilities made pursuant to subsection (b) of Section 2.20; 24 any payments with respect to rate protection contracts, 25 credit enhancements or liquidity agreements made under 26 Section 4.14; any other cost as to which it is reasonably 27 expected that a cash expenditure will not be made; costs up 28 to $5,000,000 annually for passenger security including 29 grants, contracts, personnel, equipment and administrative 30 expenses, except in the case of the Chicago Transit 31 Authority, in which case the term does not include costs 32 spent annually by that entity for protection against crime as 33 required by Section 27a of the Metropolitan Transit Authority 34 Act; or costs as exempted by the Board for projects pursuant HB0708 Engrossed -395- LRB9203186EGfg 1 to Section 2.09 of this Act. If said system generated 2 revenues are less than 50% of said costs, the Board shall 3 remit an amount equal to the amount of the deficit to the 4 State. The Treasurer shall deposit any such payment in the 5 General Revenue Fund. 6 (h) If the Authority makes any payment to the State 7 under paragraph (g), the Authority shall reduce the amount 8 provided to a Service Board from funds transferred under 9 paragraph (a) in proportion to the amount by which that 10 Service Board failed to meet its required system generated 11 revenues recovery ratio. A Service Board which is affected by 12 a reduction in funds under this paragraph shall submit to the 13 Authority concurrently with its next due quarterly report a 14 revised budget incorporating the reduction in funds. The 15 revised budget must meet the criteria specified in clauses 16 (i) through (vi) of Section 4.11(b)(2). The Board shall 17 review and act on the revised budget as provided in Section 18 4.11(b)(3). 19 (Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 20 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; revised 8-9-99.) 21 Section 49. The School Code is amended by setting forth 22 and renumbering multiple versions of Sections 2-3.126, 23 10-20.31, and 34-18.18 and changing Sections 14-8.05, 24 18-8.05, 21-2, 27A-4, 27A-9, 27A-11.5, and 34-8.3 as follows: 25 (105 ILCS 5/2-3.126) 26 (Section scheduled to be repealed on July 16, 2003) 27 Sec. 2-3.126. State Board of Education Fund. The State 28 Board of Education Fund is created as a special fund in the 29 State treasury. Unless specifically directed to be deposited 30 into any other funds or into the General Revenue Fund, all 31 moneys received by the State Board of Education in connection 32 with any fees, registration amounts, or other moneys HB0708 Engrossed -396- LRB9203186EGfg 1 collected by the State Board of Education for various 2 purposes shall be deposited into this Fund. Moneys in this 3 Fund shall be used, subject to appropriation by the General 4 Assembly, by the State Board of Education for expenses 5 incurred in administering programs, initiatives, and 6 activities implemented or supported by the State Board of 7 Education as authorized by statute or rule. The State Board 8 of Education may expend moneys in this Fund in such amounts 9 and at such times as it deems necessary or desirable, 10 including for payment of administrative costs, staff 11 services, and costs for other lawful purposes. Moneys in 12 this Fund shall be used together with and supplemental to 13 regular appropriations to the State Board of Education for 14 any purpose, and nothing in this Section shall be construed 15 to prohibit appropriations from the General Revenue Fund for 16 expenses incurred in the administration of programs, 17 initiatives, or activities implemented or supported by the 18 State Board of Education. This Section is repealed 4 years 19 after the effective date of this amendatory Act of the 91st 20 General Assembly. 21 (Source: P.A. 91-143, eff. 7-16-99.) 22 (105 ILCS 5/2-3.128) 23 Sec. 2-3.128.2-3.126.Job training program; prohibition. 24 The State Board of Education shall not require a school 25 district or a student of any district to participate in any 26 school-to-work or job training program. 27 (Source: P.A. 91-175, eff. 1-1-00; revised 11-8-99.) 28 (105 ILCS 5/2-3.129) 29 Sec. 2-3.129.2-3.126.School safety assessment audit. 30 The State Board of Education shall, in cooperation with the 31 Task Force on School Safety and utilizing any of its manuals 32 or resource guides, develop uniform criteria to be HB0708 Engrossed -397- LRB9203186EGfg 1 implemented in school safety plans. Using these criteria, 2 the State Board of Education shall develop a school safety 3 assessment audit, which shall be distributed to all public 4 schools. 5 (Source: P.A. 91-491, eff. 8-13-99; revised 11-8-99.) 6 (105 ILCS 5/2-3.130) 7 Sec. 2-3.130.2-3.126.Time out and physical restraint 8 rules. The State Board of Education shall promulgate rules 9 governing the use of time out and physical restraint in the 10 public schools. The rules shall include provisions governing 11 recordkeeping that is required when physical restraint or 12 more restrictive forms of time out are used. 13 (Source: P.A. 91-600, eff. 8-14-99; revised 11-8-99.) 14 (105 ILCS 5/10-20.31) 15 Sec. 10-20.31. Occupational standards. A school board 16 shall not require a student to meet occupational standards 17 for grade level promotion or graduation unless that student 18 is voluntarily enrolled in a job training program. 19 (Source: P.A. 91-175, eff. 1-1-00.) 20 (105 ILCS 5/10-20.32) 21 Sec. 10-20.32.10-20.31.School safety assessment audit; 22 safety plan. The school board shall require schools, subject 23 to the award of a grant by the State Board of Education, to 24 complete a school safety assessment audit, as developed by 25 the State Board of Education pursuant to Section 2-3.129, 262-3.126,and to develop a written safety plan or revise their 27 current safety plan to implement the criteria developed by 28 the State Board of Education, in cooperation with the Task 29 Force on School Safety, as specified in the school safety 30 assessment audit. The plan shall be subject to approval by 31 the school board. Once approved, the school shall file the HB0708 Engrossed -398- LRB9203186EGfg 1 plan with the State Board of Education and the regional 2 superintendent of schools. The State Board of Education shall 3 provide, subject to appropriation, grants for the purposes of 4 this Section. 5 (Source: P.A. 91-491, eff. 8-13-99; revised 11-8-99.) 6 (105 ILCS 5/10-20.33) 7 Sec. 10-20.33.10-20.31.Time out and physical restraint. 8 Until rules are adopted under Section 2-3.1302-3.126of this 9 Code, the use of any of the following rooms or enclosures for 10 time out purposes is prohibited: 11 (1) a locked room other than one with a locking 12 mechanism that engages only when a key or handle is being 13 held by a person; 14 (2) a confining space such as a closet or box; 15 (3) a room where the student cannot be continually 16 observed; or 17 (4) any other room or enclosure or time out 18 procedure that is contrary to current guidelines of the 19 State Board of Education. 20 The use of physical restraints is prohibited except when 21 (i) the student poses a physical risk to himself, herself, or 22 others, (ii) there is no medical contraindication to its use, 23 and (iii) the staff applying the restraint have been trained 24 in its safe application. For the purposes of this Section, 25 "restraint" does not include momentary periods of physical 26 restriction by direct person-to-person contact, without the 27 aid of material or mechanical devices, accomplished with 28 limited force and that are designed (i) to prevent a student 29 from completing an act that would result in potential 30 physical harm to himself, herself, or another or damage to 31 property or (ii) to remove a disruptive student who is 32 unwilling to voluntarily leave the area. The use of physical 33 restraints that meet the requirements of this Section may be HB0708 Engrossed -399- LRB9203186EGfg 1 included in a student's individualized education plan where 2 deemed appropriate by the student's individualized education 3 plan team. Whenever physical restraints are used, school 4 personnel shall fully document the incident, including the 5 events leading up to the incident, the type of restraint 6 used, the length of time the student is restrained, and the 7 staff involved. The parents or guardian of a student shall 8 be informed whenever physical restraints are used. 9 (Source: P.A. 91-600, eff. 8-14-99; revised 11-8-99.) 10 (105 ILCS 5/14-8.05) (from Ch. 122, par. 14-8.05) 11 Sec. 14-8.05. Behavioral intervention. 12 (a) The General Assembly finds and declares that 13 principals and teachers of students with disabilities require 14 training and guidance that provide ways for working 15 successfully with children who have difficulties conforming 16 to acceptable behavioral patterns in order to provide an 17 environment in which learning can occur. It is the intent of 18 the General Assembly: 19 (1) That when behavioral interventions are used, 20 they be used in consideration of the pupil's physical 21 freedom and social interaction, and be administered in a 22 manner that respects human dignity and personal privacy 23 and that ensures a pupil's right to placement in the 24 least restrictive educational environment. 25 (2) That behavioral management plans be developed 26 and used, to the extent possible, in a consistent manner 27 when a local educational agency has placed the pupil in a 28 day or residential setting for education purposes. 29 (3) That a statewide study be conducted of the use 30 of behavioral interventions with students with 31 disabilities receiving special education and related 32 services. 33 (4) That training programs be developed and HB0708 Engrossed -400- LRB9203186EGfg 1 implemented in institutions of higher education that 2 train teachers, and that in-service training programs be 3 made available as necessary in school districts, in 4 educational service centers, and by regional 5 superintendents of schools to assure that adequately 6 trained staff are available to work effectively with the 7 behavioral intervention needs of students with 8 disabilities. 9 (b) On or before September 30, 1993, the State 10 Superintendent of Education shall conduct a statewide study 11 of the use of behavioral interventions with students with 12 disabilities receiving special education and related 13 services. The study shall include, but not necessarily be 14 limited to identification of the frequency in the use of 15 behavioral interventions; the number of districts with 16 policies in place for working with children exhibiting 17 continuous serious behavioral problems; how policies, rules, 18 or regulations within districts differ between emergency and 19 routine behavioral interventions commonly practiced; the 20 nature and extent of costs for training provided to personnel 21 for implementing a program of nonaversive behavioral 22 interventions; and the nature and extent of costs for 23 training provided to parents of students with disabilities 24 who would be receiving behavioral interventions. The scope 25 of the study shall be developed by the State Board of 26 Education, in consultation with individuals and groups 27 representing parents, teachers, administrators, and 28 advocates. On or before June 30, 1994, the State Board of 29 Education shall issue guidelines based on the study's 30 findings. The guidelines shall address, but not be limited 31 to, the following: (i) appropriate behavioral interventions, 32 and (ii) how to properly document the need for and use of 33 behavioral interventions in the process of developing 34 individualized education plans for students with HB0708 Engrossed -401- LRB9203186EGfg 1 disabilities. The guidelines shall be used as a reference to 2 assist school boards in developing local policies and 3 procedures in accordance with this Section. The State Board 4 of Education, with the advice of parents of students with 5 disabilities and other parents, teachers, administrators, 6 advocates for persons with disabilities, and individuals with 7 knowledge or expertise in the development and implementation 8 of behavioral interventions for persons with disabilities, 9 shall review its behavioral intervention guidelines at least 10 once every 3 years to determine their continuing 11 appropriateness and effectiveness and shall make such 12 modifications in the guidelines as it deems necessary. 13 (c) Each school board must establish and maintain a 14 committee to develop policies and procedures on the use of 15 behavioral interventions for students with disabilities who 16 require behavioral intervention. The policies and procedures 17 shall be adopted and implemented by school boards by January 18 1, 1996, shall be amended as necessary to comply with the 19 rules established by the State Board of Education under 20 Section 2-3.1302-3.126of this Code not later than one month 21 after commencement of the school year after the State Board 22 of Education's rules are adopted, and shall: (i) be developed 23 with the advice of parents with students with disabilities 24 and other parents, teachers, administrators, advocates for 25 persons with disabilities, and individuals with knowledge or 26 expertise in the development and implementation of behavioral 27 interventions for persons with disabilities; (ii) emphasize 28 positive interventions that are designed to develop and 29 strengthen desirable behaviors; (iii) incorporate procedures 30 and methods consistent with generally accepted practice in 31 the field of behavioral intervention; (iv) include criteria 32 for determining when a student with disabilities may require 33 a behavioral intervention plan; (v) reflect that the 34 guidelines of the State Board of Education have been reviewed HB0708 Engrossed -402- LRB9203186EGfg 1 and considered and provide the address of the State Board of 2 Education so that copies of the State Board of Education 3 behavioral guidelines may be requested; and (vi) include 4 procedures for monitoring the use of restrictive behavioral 5 interventions. Each school board shall (i) furnish a copy of 6 its local policies and procedures to parents and guardians of 7 all students with individualized education plans within 15 8 days after the policies and procedures have been adopted by 9 the school board, or within 15 days after the school board 10 has amended its policies and procedures, or at the time an 11 individualized education plan is first implemented for the 12 student, and (ii) require that each school inform its 13 students of the existence of the policies and procedures 14 annually. Provided, at the annual individualized education 15 plan review, the school board shall (1) explain the local 16 policies and procedures, (2) furnish a copy of the local 17 policies to parents and guardians, and (3) make available, 18 upon request of any parents and guardians, a copy of local 19 procedures. 20 (d) The State Superintendent of Education shall consult 21 with representatives of institutions of higher education and 22 the State Teacher Certification Board in regard to the 23 current training requirements for teachers to ensure that 24 sufficient training is available in appropriate behavioral 25 interventions consistent with professionally accepted 26 practices and standards for people entering the field of 27 education. 28 (Source: P.A. 90-63, eff. 7-3-97; 91-600, eff. 8-14-99; 29 revised 11-8-99.) 30 (105 ILCS 5/18-8.05) 31 Sec. 18-8.05. Basis for apportionment of general State 32 financial aid and supplemental general State aid to the 33 common schools for the 1998-1999 and subsequent school years. HB0708 Engrossed -403- LRB9203186EGfg 1 (A) General Provisions. 2 (1) The provisions of this Section apply to the 3 1998-1999 and subsequent school years. The system of general 4 State financial aid provided for in this Section is designed 5 to assure that, through a combination of State financial aid 6 and required local resources, the financial support provided 7 each pupil in Average Daily Attendance equals or exceeds a 8 prescribed per pupil Foundation Level. This formula approach 9 imputes a level of per pupil Available Local Resources and 10 provides for the basis to calculate a per pupil level of 11 general State financial aid that, when added to Available 12 Local Resources, equals or exceeds the Foundation Level. The 13 amount of per pupil general State financial aid for school 14 districts, in general, varies in inverse relation to 15 Available Local Resources. Per pupil amounts are based upon 16 each school district's Average Daily Attendance as that term 17 is defined in this Section. 18 (2) In addition to general State financial aid, school 19 districts with specified levels or concentrations of pupils 20 from low income households are eligible to receive 21 supplemental general State financial aid grants as provided 22 pursuant to subsection (H). The supplemental State aid grants 23 provided for school districts under subsection (H) shall be 24 appropriated for distribution to school districts as part of 25 the same line item in which the general State financial aid 26 of school districts is appropriated under this Section. 27 (3) To receive financial assistance under this Section, 28 school districts are required to file claims with the State 29 Board of Education, subject to the following requirements: 30 (a) Any school district which fails for any given 31 school year to maintain school as required by law, or to 32 maintain a recognized school is not eligible to file for 33 such school year any claim upon the Common School Fund. 34 In case of nonrecognition of one or more attendance HB0708 Engrossed -404- LRB9203186EGfg 1 centers in a school district otherwise operating 2 recognized schools, the claim of the district shall be 3 reduced in the proportion which the Average Daily 4 Attendance in the attendance center or centers bear to 5 the Average Daily Attendance in the school district. A 6 "recognized school" means any public school which meets 7 the standards as established for recognition by the State 8 Board of Education. A school district or attendance 9 center not having recognition status at the end of a 10 school term is entitled to receive State aid payments due 11 upon a legal claim which was filed while it was 12 recognized. 13 (b) School district claims filed under this Section 14 are subject to Sections 18-9, 18-10, and 18-12, except as 15 otherwise provided in this Section. 16 (c) If a school district operates a full year 17 school under Section 10-19.1, the general State aid to 18 the school district shall be determined by the State 19 Board of Education in accordance with this Section as 20 near as may be applicable. 21 (d) (Blank). 22 (4) Except as provided in subsections (H) and (L), the 23 board of any district receiving any of the grants provided 24 for in this Section may apply those funds to any fund so 25 received for which that board is authorized to make 26 expenditures by law. 27 School districts are not required to exert a minimum 28 Operating Tax Rate in order to qualify for assistance under 29 this Section. 30 (5) As used in this Section the following terms, when 31 capitalized, shall have the meaning ascribed herein: 32 (a) "Average Daily Attendance": A count of pupil 33 attendance in school, averaged as provided for in 34 subsection (C) and utilized in deriving per pupil HB0708 Engrossed -405- LRB9203186EGfg 1 financial support levels. 2 (b) "Available Local Resources": A computation of 3 local financial support, calculated on the basis of 4 Average Daily Attendance and derived as provided pursuant 5 to subsection (D). 6 (c) "Corporate Personal Property Replacement 7 Taxes": Funds paid to local school districts pursuant to 8 "An Act in relation to the abolition of ad valorem 9 personal property tax and the replacement of revenues 10 lost thereby, and amending and repealing certain Acts and 11 parts of Acts in connection therewith", certified August 12 14, 1979, as amended (Public Act 81-1st S.S.-1). 13 (d) "Foundation Level": A prescribed level of per 14 pupil financial support as provided for in subsection 15 (B). 16 (e) "Operating Tax Rate": All school district 17 property taxes extended for all purposes, except Bond and 18 Interest, Summer School, Rent, Capital Improvement, and 19 Vocational Education Building purposes. 20 (B) Foundation Level. 21 (1) The Foundation Level is a figure established by the 22 State representing the minimum level of per pupil financial 23 support that should be available to provide for the basic 24 education of each pupil in Average Daily Attendance. As set 25 forth in this Section, each school district is assumed to 26 exert a sufficient local taxing effort such that, in 27 combination with the aggregate of general State financial aid 28 provided the district, an aggregate of State and local 29 resources are available to meet the basic education needs of 30 pupils in the district. 31 (2) For the 1998-1999 school year, the Foundation Level 32 of support is $4,225. For the 1999-2000 school year, the 33 Foundation Level of support is $4,325. For the 2000-2001 34 school year, the Foundation Level of support is $4,425. HB0708 Engrossed -406- LRB9203186EGfg 1 (3) For the 2001-2002 school year and each school year 2 thereafter, the Foundation Level of support is $4,425 or such 3 greater amount as may be established by law by the General 4 Assembly. 5 (C) Average Daily Attendance. 6 (1) For purposes of calculating general State aid 7 pursuant to subsection (E), an Average Daily Attendance 8 figure shall be utilized. The Average Daily Attendance 9 figure for formula calculation purposes shall be the monthly 10 average of the actual number of pupils in attendance of each 11 school district, as further averaged for the best 3 months of 12 pupil attendance for each school district. In compiling the 13 figures for the number of pupils in attendance, school 14 districts and the State Board of Education shall, for 15 purposes of general State aid funding, conform attendance 16 figures to the requirements of subsection (F). 17 (2) The Average Daily Attendance figures utilized in 18 subsection (E) shall be the requisite attendance data for the 19 school year immediately preceding the school year for which 20 general State aid is being calculated. 21 (D) Available Local Resources. 22 (1) For purposes of calculating general State aid 23 pursuant to subsection (E), a representation of Available 24 Local Resources per pupil, as that term is defined and 25 determined in this subsection, shall be utilized. Available 26 Local Resources per pupil shall include a calculated dollar 27 amount representing local school district revenues from local 28 property taxes and from Corporate Personal Property 29 Replacement Taxes, expressed on the basis of pupils in 30 Average Daily Attendance. 31 (2) In determining a school district's revenue from 32 local property taxes, the State Board of Education shall 33 utilize the equalized assessed valuation of all taxable HB0708 Engrossed -407- LRB9203186EGfg 1 property of each school district as of September 30 of the 2 previous year. The equalized assessed valuation utilized 3 shall be obtained and determined as provided in subsection 4 (G). 5 (3) For school districts maintaining grades kindergarten 6 through 12, local property tax revenues per pupil shall be 7 calculated as the product of the applicable equalized 8 assessed valuation for the district multiplied by 3.00%, and 9 divided by the district's Average Daily Attendance figure. 10 For school districts maintaining grades kindergarten through 11 8, local property tax revenues per pupil shall be calculated 12 as the product of the applicable equalized assessed valuation 13 for the district multiplied by 2.30%, and divided by the 14 district's Average Daily Attendance figure. For school 15 districts maintaining grades 9 through 12, local property tax 16 revenues per pupil shall be the applicable equalized assessed 17 valuation of the district multiplied by 1.05%, and divided by 18 the district's Average Daily Attendance figure. 19 (4) The Corporate Personal Property Replacement Taxes 20 paid to each school district during the calendar year 2 years 21 before the calendar year in which a school year begins, 22 divided by the Average Daily Attendance figure for that 23 district, shall be added to the local property tax revenues 24 per pupil as derived by the application of the immediately 25 preceding paragraph (3). The sum of these per pupil figures 26 for each school district shall constitute Available Local 27 Resources as that term is utilized in subsection (E) in the 28 calculation of general State aid. 29 (E) Computation of General State Aid. 30 (1) For each school year, the amount of general State 31 aid allotted to a school district shall be computed by the 32 State Board of Education as provided in this subsection. 33 (2) For any school district for which Available Local 34 Resources per pupil is less than the product of 0.93 times HB0708 Engrossed -408- LRB9203186EGfg 1 the Foundation Level, general State aid for that district 2 shall be calculated as an amount equal to the Foundation 3 Level minus Available Local Resources, multiplied by the 4 Average Daily Attendance of the school district. 5 (3) For any school district for which Available Local 6 Resources per pupil is equal to or greater than the product 7 of 0.93 times the Foundation Level and less than the product 8 of 1.75 times the Foundation Level, the general State aid per 9 pupil shall be a decimal proportion of the Foundation Level 10 derived using a linear algorithm. Under this linear 11 algorithm, the calculated general State aid per pupil shall 12 decline in direct linear fashion from 0.07 times the 13 Foundation Level for a school district with Available Local 14 Resources equal to the product of 0.93 times the Foundation 15 Level, to 0.05 times the Foundation Level for a school 16 district with Available Local Resources equal to the product 17 of 1.75 times the Foundation Level. The allocation of 18 general State aid for school districts subject to this 19 paragraph 3 shall be the calculated general State aid per 20 pupil figure multiplied by the Average Daily Attendance of 21 the school district. 22 (4) For any school district for which Available Local 23 Resources per pupil equals or exceeds the product of 1.75 24 times the Foundation Level, the general State aid for the 25 school district shall be calculated as the product of $218 26 multiplied by the Average Daily Attendance of the school 27 district. 28 (5) The amount of general State aid allocated to a 29 school district for the 1999-2000 school year meeting the 30 requirements set forth in paragraph (4) of subsection (G) 31 shall be increased by an amount equal to the general State 32 aid that would have been received by the district for the 33 1998-1999 school year by utilizing the Extension Limitation 34 Equalized Assessed Valuation as calculated in paragraph (4) HB0708 Engrossed -409- LRB9203186EGfg 1 of subsection (G) less the general State aid allotted for the 2 1998-1999 school year. This amount shall be deemed a one 3 time increase, and shall not affect any future general State 4 aid allocations. 5 (F) Compilation of Average Daily Attendance. 6 (1) Each school district shall, by July 1 of each year, 7 submit to the State Board of Education, on forms prescribed 8 by the State Board of Education, attendance figures for the 9 school year that began in the preceding calendar year. The 10 attendance information so transmitted shall identify the 11 average daily attendance figures for each month of the school 12 year, except that any days of attendance in August shall be 13 added to the month of September and any days of attendance in 14 June shall be added to the month of May. 15 Except as otherwise provided in this Section, days of 16 attendance by pupils shall be counted only for sessions of 17 not less than 5 clock hours of school work per day under 18 direct supervision of: (i) teachers, or (ii) non-teaching 19 personnel or volunteer personnel when engaging in 20 non-teaching duties and supervising in those instances 21 specified in subsection (a) of Section 10-22.34 and paragraph 22 10 of Section 34-18, with pupils of legal school age and in 23 kindergarten and grades 1 through 12. 24 Days of attendance by tuition pupils shall be accredited 25 only to the districts that pay the tuition to a recognized 26 school. 27 (2) Days of attendance by pupils of less than 5 clock 28 hours of school shall be subject to the following provisions 29 in the compilation of Average Daily Attendance. 30 (a) Pupils regularly enrolled in a public school 31 for only a part of the school day may be counted on the 32 basis of 1/6 day for every class hour of instruction of 33 40 minutes or more attended pursuant to such enrollment. 34 (b) Days of attendance may be less than 5 clock HB0708 Engrossed -410- LRB9203186EGfg 1 hours on the opening and closing of the school term, and 2 upon the first day of pupil attendance, if preceded by a 3 day or days utilized as an institute or teachers' 4 workshop. 5 (c) A session of 4 or more clock hours may be 6 counted as a day of attendance upon certification by the 7 regional superintendent, and approved by the State 8 Superintendent of Education to the extent that the 9 district has been forced to use daily multiple sessions. 10 (d) A session of 3 or more clock hours may be 11 counted as a day of attendance (1) when the remainder of 12 the school day or at least 2 hours in the evening of that 13 day is utilized for an in-service training program for 14 teachers, up to a maximum of 5 days per school year of 15 which a maximum of 4 days of such 5 days may be used for 16 parent-teacher conferences, provided a district conducts 17 an in-service training program for teachers which has 18 been approved by the State Superintendent of Education; 19 or, in lieu of 4 such days, 2 full days may be used, in 20 which event each such day may be counted as a day of 21 attendance; and (2) when days in addition to those 22 provided in item (1) are scheduled by a school pursuant 23 to its school improvement plan adopted under Article 34 24 or its revised or amended school improvement plan adopted 25 under Article 2, provided that (i) such sessions of 3 or 26 more clock hours are scheduled to occur at regular 27 intervals, (ii) the remainder of the school days in which 28 such sessions occur are utilized for in-service training 29 programs or other staff development activities for 30 teachers, and (iii) a sufficient number of minutes of 31 school work under the direct supervision of teachers are 32 added to the school days between such regularly scheduled 33 sessions to accumulate not less than the number of 34 minutes by which such sessions of 3 or more clock hours HB0708 Engrossed -411- LRB9203186EGfg 1 fall short of 5 clock hours. Any full days used for the 2 purposes of this paragraph shall not be considered for 3 computing average daily attendance. Days scheduled for 4 in-service training programs, staff development 5 activities, or parent-teacher conferences may be 6 scheduled separately for different grade levels and 7 different attendance centers of the district. 8 (e) A session of not less than one clock hour of 9 teaching hospitalized or homebound pupils on-site or by 10 telephone to the classroom may be counted as 1/2 day of 11 attendance, however these pupils must receive 4 or more 12 clock hours of instruction to be counted for a full day 13 of attendance. 14 (f) A session of at least 4 clock hours may be 15 counted as a day of attendance for first grade pupils, 16 and pupils in full day kindergartens, and a session of 2 17 or more hours may be counted as 1/2 day of attendance by 18 pupils in kindergartens which provide only 1/2 day of 19 attendance. 20 (g) For children with disabilities who are below 21 the age of 6 years and who cannot attend 2 or more clock 22 hours because of their disability or immaturity, a 23 session of not less than one clock hour may be counted as 24 1/2 day of attendance; however for such children whose 25 educational needs so require a session of 4 or more clock 26 hours may be counted as a full day of attendance. 27 (h) A recognized kindergarten which provides for 28 only 1/2 day of attendance by each pupil shall not have 29 more than 1/2 day of attendance counted in any one day. 30 However, kindergartens may count 2 1/2 days of attendance 31 in any 5 consecutive school days. When a pupil attends 32 such a kindergarten for 2 half days on any one school 33 day, the pupil shall have the following day as a day 34 absent from school, unless the school district obtains HB0708 Engrossed -412- LRB9203186EGfg 1 permission in writing from the State Superintendent of 2 Education. Attendance at kindergartens which provide for 3 a full day of attendance by each pupil shall be counted 4 the same as attendance by first grade pupils. Only the 5 first year of attendance in one kindergarten shall be 6 counted, except in case of children who entered the 7 kindergarten in their fifth year whose educational 8 development requires a second year of kindergarten as 9 determined under the rules and regulations of the State 10 Board of Education. 11 (G) Equalized Assessed Valuation Data. 12 (1) For purposes of the calculation of Available Local 13 Resources required pursuant to subsection (D), the State 14 Board of Education shall secure from the Department of 15 Revenue the value as equalized or assessed by the Department 16 of Revenue of all taxable property of every school district, 17 together with (i) the applicable tax rate used in extending 18 taxes for the funds of the district as of September 30 of the 19 previous year and (ii) the limiting rate for all school 20 districts subject to property tax extension limitations as 21 imposed under the Property Tax Extension Limitation Law. 22 This equalized assessed valuation, as adjusted further by 23 the requirements of this subsection, shall be utilized in the 24 calculation of Available Local Resources. 25 (2) The equalized assessed valuation in paragraph (1) 26 shall be adjusted, as applicable, in the following manner: 27 (a) For the purposes of calculating State aid under 28 this Section, with respect to any part of a school 29 district within a redevelopment project area in respect 30 to which a municipality has adopted tax increment 31 allocation financing pursuant to the Tax Increment 32 Allocation Redevelopment Act, Sections 11-74.4-1 through 33 11-74.4-11 of the Illinois Municipal Code or the 34 Industrial Jobs Recovery Law, Sections 11-74.6-1 through HB0708 Engrossed -413- LRB9203186EGfg 1 11-74.6-50 of the Illinois Municipal Code, no part of the 2 current equalized assessed valuation of real property 3 located in any such project area which is attributable to 4 an increase above the total initial equalized assessed 5 valuation of such property shall be used as part of the 6 equalized assessed valuation of the district, until such 7 time as all redevelopment project costs have been paid, 8 as provided in Section 11-74.4-8 of the Tax Increment 9 Allocation Redevelopment Act or in Section 11-74.6-35 of 10 the Industrial Jobs Recovery Law. For the purpose of the 11 equalized assessed valuation of the district, the total 12 initial equalized assessed valuation or the current 13 equalized assessed valuation, whichever is lower, shall 14 be used until such time as all redevelopment project 15 costs have been paid. 16 (b) The real property equalized assessed valuation 17 for a school district shall be adjusted by subtracting 18 from the real property value as equalized or assessed by 19 the Department of Revenue for the district an amount 20 computed by dividing the amount of any abatement of taxes 21 under Section 18-170 of the Property Tax Code by 3.00% 22 for a district maintaining grades kindergarten through 23 12, by 2.30% for a district maintaining grades 24 kindergarten through 8, or by 1.05% for a district 25 maintaining grades 9 through 12 and adjusted by an amount 26 computed by dividing the amount of any abatement of taxes 27 under subsection (a) of Section 18-165 of the Property 28 Tax Code by the same percentage rates for district type 29 as specified in this subparagraph (b). 30 (3) For the 1999-2000 school year and each school year 31 thereafter, if a school district meets all of the criteria of 32 this subsection (G)(3), the school district's Available Local 33 Resources shall be calculated under subsection (D) using the 34 district's Extension Limitation Equalized Assessed Valuation HB0708 Engrossed -414- LRB9203186EGfg 1 as calculated under this subsection (G)(3). 2 For purposes of this subsection (G)(3) the following 3 terms shall have the following meanings: 4 "Budget Year": The school year for which general 5 State aid is calculated and awarded under subsection (E). 6 "Base Tax Year": The property tax levy year used to 7 calculate the Budget Year allocation of general State 8 aid. 9 "Preceding Tax Year": The property tax levy year 10 immediately preceding the Base Tax Year. 11 "Base Tax Year's Tax Extension": The product of the 12 equalized assessed valuation utilized by the County Clerk 13 in the Base Tax Year multiplied by the limiting rate as 14 calculated by the County Clerk and defined in the 15 Property Tax Extension Limitation Law. 16 "Preceding Tax Year's Tax Extension": The product of 17 the equalized assessed valuation utilized by the County 18 Clerk in the Preceding Tax Year multiplied by the 19 Operating Tax Rate as defined in subsection (A). 20 "Extension Limitation Ratio": A numerical ratio, 21 certified by the County Clerk, in which the numerator is 22 the Base Tax Year's Tax Extension and the denominator is 23 the Preceding Tax Year's Tax Extension. 24 "Operating Tax Rate": The operating tax rate as 25 defined in subsection (A). 26 If a school district is subject to property tax extension 27 limitations as imposed under the Property Tax Extension 28 Limitation Law, and if the Available Local Resources of that 29 school district as calculated pursuant to subsection (D) 30 using the Base Tax Year are less than the product of 1.75 31 times the Foundation Level for the Budget Year, the State 32 Board of Education shall calculate the Extension Limitation 33 Equalized Assessed Valuation of that district. For the 34 1999-2000 school year, the Extension Limitation Equalized HB0708 Engrossed -415- LRB9203186EGfg 1 Assessed Valuation of a school district as calculated by the 2 State Board of Education shall be equal to the product of the 3 district's 1996 Equalized Assessed Valuation and the 4 district's Extension Limitation Ratio. For the 2000-2001 5 school year and each school year thereafter, the Extension 6 Limitation Equalized Assessed Valuation of a school district 7 as calculated by the State Board of Education shall be equal 8 to the product of the last calculated Extension Limitation 9 Equalized Assessed Valuation and the district's Extension 10 Limitation Ratio. If the Extension Limitation Equalized 11 Assessed Valuation of a school district as calculated under 12 this subsection (G)(3) is less than the district's equalized 13 assessed valuation as calculated pursuant to subsections 14 (G)(1) and (G)(2), then for purposes of calculating the 15 district's general State aid for the Budget Year pursuant to 16 subsection (E), that Extension Limitation Equalized Assessed 17 Valuation shall be utilized to calculate the district's 18 Available Local Resources under subsection (D). 19 (4) For the purposes of calculating general State aid 20 for the 1999-2000 school year only, if a school district 21 experienced a triennial reassessment on the equalized 22 assessed valuation used in calculating its general State 23 financial aid apportionment for the 1998-1999 school year, 24 the State Board of Education shall calculate the Extension 25 Limitation Equalized Assessed Valuation that would have been 26 used to calculate the district's 1998-1999 general State aid. 27 This amount shall equal the product of the equalized assessed 28 valuation used to calculate general State aid for the 29 1997-1998 school year and the district's Extension Limitation 30 Ratio. If the Extension Limitation Equalized Assessed 31 Valuation of the school district as calculated under this 32 paragraph (4) is less than the district's equalized assessed 33 valuation utilized in calculating the district's 1998-1999 34 general State aid allocation, then for purposes of HB0708 Engrossed -416- LRB9203186EGfg 1 calculating the district's general State aid pursuant to 2 paragraph (5) of subsection (E), that Extension Limitation 3 Equalized Assessed Valuation shall be utilized to calculate 4 the district's Available Local Resources. 5 (5) For school districts having a majority of their 6 equalized assessed valuation in any county except Cook, 7 DuPage, Kane, Lake, McHenry, or Will, if the amount of 8 general State aid allocated to the school district for the 9 1999-2000 school year under the provisions of subsection (E), 10 (H), and (J) of this Section is less than the amount of 11 general State aid allocated to the district for the 1998-1999 12 school year under these subsections, then the general State 13 aid of the district for the 1999-2000 school year only shall 14 be increased by the difference between these amounts. The 15 total payments made under this paragraph (5) shall not exceed 16 $14,000,000. Claims shall be prorated if they exceed 17 $14,000,000. 18 (H) Supplemental General State Aid. 19 (1) In addition to the general State aid a school 20 district is allotted pursuant to subsection (E), qualifying 21 school districts shall receive a grant, paid in conjunction 22 with a district's payments of general State aid, for 23 supplemental general State aid based upon the concentration 24 level of children from low-income households within the 25 school district. Supplemental State aid grants provided for 26 school districts under this subsection shall be appropriated 27 for distribution to school districts as part of the same line 28 item in which the general State financial aid of school 29 districts is appropriated under this Section. For purposes of 30 this subsection, the term "Low-Income Concentration Level" 31 shall be the low-income eligible pupil count from the most 32 recently available federal census divided by the Average 33 Daily Attendance of the school district. If, however, the 34 percentage decrease from the 2 most recent federal censuses HB0708 Engrossed -417- LRB9203186EGfg 1 in the low-income eligible pupil count of a high school 2 district with fewer than 400 students exceeds by 75% or more 3 the percentage change in the total low-income eligible pupil 4 count of contiguous elementary school districts, whose 5 boundaries are coterminous with the high school district, the 6 high school district's low-income eligible pupil count from 7 the earlier federal census shall be the number used as the 8 low-income eligible pupil count for the high school district, 9 for purposes of this subsection (H). 10 (2) Supplemental general State aid pursuant to this 11 subsection shall be provided as follows: 12 (a) For any school district with a Low Income 13 Concentration Level of at least 20% and less than 35%, 14 the grant for any school year shall be $800 multiplied by 15 the low income eligible pupil count. 16 (b) For any school district with a Low Income 17 Concentration Level of at least 35% and less than 50%, 18 the grant for the 1998-1999 school year shall be $1,100 19 multiplied by the low income eligible pupil count. 20 (c) For any school district with a Low Income 21 Concentration Level of at least 50% and less than 60%, 22 the grant for the 1998-99 school year shall be $1,500 23 multiplied by the low income eligible pupil count. 24 (d) For any school district with a Low Income 25 Concentration Level of 60% or more, the grant for the 26 1998-99 school year shall be $1,900 multiplied by the low 27 income eligible pupil count. 28 (e) For the 1999-2000 school year, the per pupil 29 amount specified in subparagraphs (b), (c), and (d) 30 immediately above shall be increased to $1,243, $1,600, 31 and $2,000, respectively. 32 (f) For the 2000-2001 school year, the per pupil 33 amounts specified in subparagraphs (b), (c), and (d) 34 immediately above shall be $1,273, $1,640, and $2,050, HB0708 Engrossed -418- LRB9203186EGfg 1 respectively. 2 (3) School districts with an Average Daily Attendance of 3 more than 1,000 and less than 50,000 that qualify for 4 supplemental general State aid pursuant to this subsection 5 shall submit a plan to the State Board of Education prior to 6 October 30 of each year for the use of the funds resulting 7 from this grant of supplemental general State aid for the 8 improvement of instruction in which priority is given to 9 meeting the education needs of disadvantaged children. Such 10 plan shall be submitted in accordance with rules and 11 regulations promulgated by the State Board of Education. 12 (4) School districts with an Average Daily Attendance of 13 50,000 or more that qualify for supplemental general State 14 aid pursuant to this subsection shall be required to 15 distribute from funds available pursuant to this Section, no 16 less than $261,000,000 in accordance with the following 17 requirements: 18 (a) The required amounts shall be distributed to 19 the attendance centers within the district in proportion 20 to the number of pupils enrolled at each attendance 21 center who are eligible to receive free or reduced-price 22 lunches or breakfasts under the federal Child Nutrition 23 Act of 1966 and under the National School Lunch Act 24 during the immediately preceding school year. 25 (b) The distribution of these portions of 26 supplemental and general State aid among attendance 27 centers according to these requirements shall not be 28 compensated for or contravened by adjustments of the 29 total of other funds appropriated to any attendance 30 centers, and the Board of Education shall utilize funding 31 from one or several sources in order to fully implement 32 this provision annually prior to the opening of school. 33 (c) Each attendance center shall be provided by the 34 school district a distribution of noncategorical funds HB0708 Engrossed -419- LRB9203186EGfg 1 and other categorical funds to which an attendance center 2 is entitled under law in order that the general State aid 3 and supplemental general State aid provided by 4 application of this subsection supplements rather than 5 supplants the noncategorical funds and other categorical 6 funds provided by the school district to the attendance 7 centers. 8 (d) Any funds made available under this subsection 9 that by reason of the provisions of this subsection are 10 not required to be allocated and provided to attendance 11 centers may be used and appropriated by the board of the 12 district for any lawful school purpose. 13 (e) Funds received by an attendance center pursuant 14 to this subsection shall be used by the attendance center 15 at the discretion of the principal and local school 16 council for programs to improve educational opportunities 17 at qualifying schools through the following programs and 18 services: early childhood education, reduced class size 19 or improved adult to student classroom ratio, enrichment 20 programs, remedial assistance, attendance improvement, 21 and other educationally beneficial expenditures which 22 supplement the regular and basic programs as determined 23 by the State Board of Education. Funds provided shall 24 not be expended for any political or lobbying purposes as 25 defined by board rule. 26 (f) Each district subject to the provisions of this 27 subdivision (H)(4) shall submit an acceptable plan to 28 meet the educational needs of disadvantaged children, in 29 compliance with the requirements of this paragraph, to 30 the State Board of Education prior to July 15 of each 31 year. This plan shall be consistent with the decisions of 32 local school councils concerning the school expenditure 33 plans developed in accordance with part 4 of Section 34 34-2.3. The State Board shall approve or reject the plan HB0708 Engrossed -420- LRB9203186EGfg 1 within 60 days after its submission. If the plan is 2 rejected, the district shall give written notice of 3 intent to modify the plan within 15 days of the 4 notification of rejection and then submit a modified plan 5 within 30 days after the date of the written notice of 6 intent to modify. Districts may amend approved plans 7 pursuant to rules promulgated by the State Board of 8 Education. 9 Upon notification by the State Board of Education 10 that the district has not submitted a plan prior to July 11 15 or a modified plan within the time period specified 12 herein, the State aid funds affected by that plan or 13 modified plan shall be withheld by the State Board of 14 Education until a plan or modified plan is submitted. 15 If the district fails to distribute State aid to 16 attendance centers in accordance with an approved plan, 17 the plan for the following year shall allocate funds, in 18 addition to the funds otherwise required by this 19 subsection, to those attendance centers which were 20 underfunded during the previous year in amounts equal to 21 such underfunding. 22 For purposes of determining compliance with this 23 subsection in relation to the requirements of attendance 24 center funding, each district subject to the provisions 25 of this subsection shall submit as a separate document by 26 December 1 of each year a report of expenditure data for 27 the prior year in addition to any modification of its 28 current plan. If it is determined that there has been a 29 failure to comply with the expenditure provisions of this 30 subsection regarding contravention or supplanting, the 31 State Superintendent of Education shall, within 60 days 32 of receipt of the report, notify the district and any 33 affected local school council. The district shall within 34 45 days of receipt of that notification inform the State HB0708 Engrossed -421- LRB9203186EGfg 1 Superintendent of Education of the remedial or corrective 2 action to be taken, whether by amendment of the current 3 plan, if feasible, or by adjustment in the plan for the 4 following year. Failure to provide the expenditure 5 report or the notification of remedial or corrective 6 action in a timely manner shall result in a withholding 7 of the affected funds. 8 The State Board of Education shall promulgate rules 9 and regulations to implement the provisions of this 10 subsection. No funds shall be released under this 11 subdivision (H)(4) to any district that has not submitted 12 a plan that has been approved by the State Board of 13 Education. 14 (I) General State Aid for Newly Configured School Districts. 15 (1) For a new school district formed by combining 16 property included totally within 2 or more previously 17 existing school districts, for its first year of existence 18 the general State aid and supplemental general State aid 19 calculated under this Section shall be computed for the new 20 district and for the previously existing districts for which 21 property is totally included within the new district. If the 22 computation on the basis of the previously existing districts 23 is greater, a supplementary payment equal to the difference 24 shall be made for the first 4 years of existence of the new 25 district. 26 (2) For a school district which annexes all of the 27 territory of one or more entire other school districts, for 28 the first year during which the change of boundaries 29 attributable to such annexation becomes effective for all 30 purposes as determined under Section 7-9 or 7A-8, the general 31 State aid and supplemental general State aid calculated under 32 this Section shall be computed for the annexing district as 33 constituted after the annexation and for the annexing and 34 each annexed district as constituted prior to the annexation; HB0708 Engrossed -422- LRB9203186EGfg 1 and if the computation on the basis of the annexing and 2 annexed districts as constituted prior to the annexation is 3 greater, a supplementary payment equal to the difference 4 shall be made for the first 4 years of existence of the 5 annexing school district as constituted upon such annexation. 6 (3) For 2 or more school districts which annex all of 7 the territory of one or more entire other school districts, 8 and for 2 or more community unit districts which result upon 9 the division (pursuant to petition under Section 11A-2) of 10 one or more other unit school districts into 2 or more parts 11 and which together include all of the parts into which such 12 other unit school district or districts are so divided, for 13 the first year during which the change of boundaries 14 attributable to such annexation or division becomes effective 15 for all purposes as determined under Section 7-9 or 11A-10, 16 as the case may be, the general State aid and supplemental 17 general State aid calculated under this Section shall be 18 computed for each annexing or resulting district as 19 constituted after the annexation or division and for each 20 annexing and annexed district, or for each resulting and 21 divided district, as constituted prior to the annexation or 22 division; and if the aggregate of the general State aid and 23 supplemental general State aid as so computed for the 24 annexing or resulting districts as constituted after the 25 annexation or division is less than the aggregate of the 26 general State aid and supplemental general State aid as so 27 computed for the annexing and annexed districts, or for the 28 resulting and divided districts, as constituted prior to the 29 annexation or division, then a supplementary payment equal to 30 the difference shall be made and allocated between or among 31 the annexing or resulting districts, as constituted upon such 32 annexation or division, for the first 4 years of their 33 existence. The total difference payment shall be allocated 34 between or among the annexing or resulting districts in the HB0708 Engrossed -423- LRB9203186EGfg 1 same ratio as the pupil enrollment from that portion of the 2 annexed or divided district or districts which is annexed to 3 or included in each such annexing or resulting district bears 4 to the total pupil enrollment from the entire annexed or 5 divided district or districts, as such pupil enrollment is 6 determined for the school year last ending prior to the date 7 when the change of boundaries attributable to the annexation 8 or division becomes effective for all purposes. The amount 9 of the total difference payment and the amount thereof to be 10 allocated to the annexing or resulting districts shall be 11 computed by the State Board of Education on the basis of 12 pupil enrollment and other data which shall be certified to 13 the State Board of Education, on forms which it shall provide 14 for that purpose, by the regional superintendent of schools 15 for each educational service region in which the annexing and 16 annexed districts, or resulting and divided districts are 17 located. 18 (3.5) Claims for financial assistance under this 19 subsection (I) shall not be recomputed except as expressly 20 provided under this Section. 21 (4) Any supplementary payment made under this subsection 22 (I) shall be treated as separate from all other payments made 23 pursuant to this Section. 24 (J) Supplementary Grants in Aid. 25 (1) Notwithstanding any other provisions of this 26 Section, the amount of the aggregate general State aid in 27 combination with supplemental general State aid under this 28 Section for which each school district is eligible shall be 29 no less than the amount of the aggregate general State aid 30 entitlement that was received by the district under Section 31 18-8 (exclusive of amounts received under subsections 5(p) 32 and 5(p-5) of that Section) for the 1997-98 school year, 33 pursuant to the provisions of that Section as it was then in 34 effect. If a school district qualifies to receive a HB0708 Engrossed -424- LRB9203186EGfg 1 supplementary payment made under this subsection (J), the 2 amount of the aggregate general State aid in combination with 3 supplemental general State aid under this Section which that 4 district is eligible to receive for each school year shall be 5 no less than the amount of the aggregate general State aid 6 entitlement that was received by the district under Section 7 18-8 (exclusive of amounts received under subsections 5(p) 8 and 5(p-5) of that Section) for the 1997-1998 school year, 9 pursuant to the provisions of that Section as it was then in 10 effect. 11 (2) If, as provided in paragraph (1) of this subsection 12 (J), a school district is to receive aggregate general State 13 aid in combination with supplemental general State aid under 14 this Section for the 1998-99 school year and any subsequent 15 school year that in any such school year is less than the 16 amount of the aggregate general State aid entitlement that 17 the district received for the 1997-98 school year, the school 18 district shall also receive, from a separate appropriation 19 made for purposes of this subsection (J), a supplementary 20 payment that is equal to the amount of the difference in the 21 aggregate State aid figures as described in paragraph (1). 22 (3) (Blank). 23 (K) Grants to Laboratory and Alternative Schools. 24 In calculating the amount to be paid to the governing 25 board of a public university that operates a laboratory 26 school under this Section or to any alternative school that 27 is operated by a regional superintendent of schools, the 28 State Board of Education shall require by rule such reporting 29 requirements as it deems necessary. 30 As used in this Section, "laboratory school" means a 31 public school which is created and operated by a public 32 university and approved by the State Board of Education. The 33 governing board of a public university which receives funds 34 from the State Board under this subsection (K) may not HB0708 Engrossed -425- LRB9203186EGfg 1 increase the number of students enrolled in its laboratory 2 school from a single district, if that district is already 3 sending 50 or more students, except under a mutual agreement 4 between the school board of a student's district of residence 5 and the university which operates the laboratory school. A 6 laboratory school may not have more than 1,000 students, 7 excluding students with disabilities in a special education 8 program. 9 As used in this Section, "alternative school" means a 10 public school which is created and operated by a Regional 11 Superintendent of Schools and approved by the State Board of 12 Education. Such alternative schools may offer courses of 13 instruction for which credit is given in regular school 14 programs, courses to prepare students for the high school 15 equivalency testing program or vocational and occupational 16 training. A regional superintendent of schools may contract 17 with a school district or a public community college district 18 to operate an alternative school. An alternative school 19 serving more than one educational service region may be 20 established by the regional superintendents of schools of the 21 affected educational service regions. An alternative school 22 serving more than one educational service region may be 23 operated under such terms as the regional superintendents of 24 schools of those educational service regions may agree. 25 Each laboratory and alternative school shall file, on 26 forms provided by the State Superintendent of Education, an 27 annual State aid claim which states the Average Daily 28 Attendance of the school's students by month. The best 3 29 months' Average Daily Attendance shall be computed for each 30 school. The general State aid entitlement shall be computed 31 by multiplying the applicable Average Daily Attendance by the 32 Foundation Level as determined under this Section. 33 (L) Payments, Additional Grants in Aid and Other 34 Requirements. HB0708 Engrossed -426- LRB9203186EGfg 1 (1) For a school district operating under the financial 2 supervision of an Authority created under Article 34A, the 3 general State aid otherwise payable to that district under 4 this Section, but not the supplemental general State aid, 5 shall be reduced by an amount equal to the budget for the 6 operations of the Authority as certified by the Authority to 7 the State Board of Education, and an amount equal to such 8 reduction shall be paid to the Authority created for such 9 district for its operating expenses in the manner provided in 10 Section 18-11. The remainder of general State school aid for 11 any such district shall be paid in accordance with Article 12 34A when that Article provides for a disposition other than 13 that provided by this Article. 14 (2) (Blank). 15 (3) Summer school. Summer school payments shall be made 16 as provided in Section 18-4.3. 17 (M) Education Funding Advisory Board. 18 The Education Funding Advisory Board, hereinafter in this 19 subsection (M) referred to as the "Board", is hereby created. 20 The Board shall consist of 5 members who are appointed by the 21 Governor, by and with the advice and consent of the Senate. 22 The members appointed shall include representatives of 23 education, business, and the general public. One of the 24 members so appointed shall be designated by the Governor at 25 the time the appointment is made as the chairperson of the 26 Board. The initial members of the Board may be appointed any 27 time after the effective date of this amendatory Act of 1997. 28 The regular term of each member of the Board shall be for 4 29 years from the third Monday of January of the year in which 30 the term of the member's appointment is to commence, except 31 that of the 5 initial members appointed to serve on the 32 Board, the member who is appointed as the chairperson shall 33 serve for a term that commences on the date of his or her 34 appointment and expires on the third Monday of January, 2002, HB0708 Engrossed -427- LRB9203186EGfg 1 and the remaining 4 members, by lots drawn at the first 2 meeting of the Board that is held after all 5 members are 3 appointed, shall determine 2 of their number to serve for 4 terms that commence on the date of their respective 5 appointments and expire on the third Monday of January, 2001, 6 and 2 of their number to serve for terms that commence on the 7 date of their respective appointments and expire on the third 8 Monday of January, 2000. All members appointed to serve on 9 the Board shall serve until their respective successors are 10 appointed and confirmed. Vacancies shall be filled in the 11 same manner as original appointments. If a vacancy in 12 membership occurs at a time when the Senate is not in 13 session, the Governor shall make a temporary appointment 14 until the next meeting of the Senate, when he or she shall 15 appoint, by and with the advice and consent of the Senate, a 16 person to fill that membership for the unexpired term. If 17 the Senate is not in session when the initial appointments 18 are made, those appointments shall be made as in the case of 19 vacancies. 20 The Education Funding Advisory Board shall be deemed 21 established, and the initial members appointed by the 22 Governor to serve as members of the Board shall take office, 23 on the date that the Governor makes his or her appointment of 24 the fifth initial member of the Board, whether those initial 25 members are then serving pursuant to appointment and 26 confirmation or pursuant to temporary appointments that are 27 made by the Governor as in the case of vacancies. 28 The State Board of Education shall provide such staff 29 assistance to the Education Funding Advisory Board as is 30 reasonably required for the proper performance by the Board 31 of its responsibilities. 32 For school years after the 2000-2001 school year, the 33 Education Funding Advisory Board, in consultation with the 34 State Board of Education, shall make recommendations as HB0708 Engrossed -428- LRB9203186EGfg 1 provided in this subsection (M) to the General Assembly for 2 the foundation level under subdivision (B)(3) of this Section 3 and for the supplemental general State aid grant level under 4 subsection (H) of this Section for districts with high 5 concentrations of children from poverty. The recommended 6 foundation level shall be determined based on a methodology 7 which incorporates the basic education expenditures of 8 low-spending schools exhibiting high academic performance. 9 The Education Funding Advisory Board shall make such 10 recommendations to the General Assembly on January 1 of odd 11 numbered years, beginning January 1, 2001. 12 (N) (Blank). 13 (O) References. 14 (1) References in other laws to the various subdivisions 15 of Section 18-8 as that Section existed before its repeal and 16 replacement by this Section 18-8.05 shall be deemed to refer 17 to the corresponding provisions of this Section 18-8.05, to 18 the extent that those references remain applicable. 19 (2) References in other laws to State Chapter 1 funds 20 shall be deemed to refer to the supplemental general State 21 aid provided under subsection (H) of this Section. 22 (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566; 23 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff. 24 7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; 91-24, 25 eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, eff. 7-9-99; 91-111, 26 eff. 7-14-99; 91-357, eff. 7-29-99; 91-533, eff. 8-13-99; 27 revised 8-27-99.) 28 (105 ILCS 5/21-2) (from Ch. 122, par. 21-2) 29 Sec. 21-2. Grades of certificates. 30 (a) Until February 15, 2000, all certificates issued 31 under this Article shall be State certificates valid, except 32 as limited in Section 21-1, in every school district coming HB0708 Engrossed -429- LRB9203186EGfg 1 under the provisions of this Act and shall be limited in time 2 and designated as follows: Provisional vocational 3 certificate, temporary provisional vocational certificate, 4 early childhood certificate, elementary school certificate, 5 special certificate, high school certificate, school service 6 personnel certificate, administrative certificate, 7 provisional certificate, and substitute certificate. The 8 requirement of student teaching under close and competent 9 supervision for obtaining a teaching certificate may be 10 waived by the State Teacher Certification Board upon 11 presentation to the Board by the teacher of evidence of 5 12 years successful teaching experience on a valid certificate 13 and graduation from a recognized institution of higher 14 learning with a bachelor's degree with not less than 120 15 semester hours and a minimum of 16 semester hours in 16 professional education. 17 (b) Initial Teaching Certificate. Beginning February 18 15, 2000, persons who (1) have completed an approved teacher 19 preparation program, (2) are recommended by an approved 20 teacher preparation program, (3) have successfully completed 21 the Initial Teaching Certification examinations required by 22 the State Board of Education, and (4) have met all other 23 criteria established by the State Board of Education in 24 consultation with the State Teacher Certification Board, 25 shall be issued an Initial Teaching Certificate valid for 4 26 years of teaching, as defined in Section 21-14 of this Code. 27 Initial Teaching Certificates shall be issued for categories 28 corresponding to Early Childhood, Elementary, Secondary, and 29 Special K-12, with special certification designations for 30 Special Education, Bilingual Education, fundamental learning 31 areas (including Language Arts, Reading, Mathematics, 32 Science, Social Science, Physical Development and Health, 33 Fine Arts, and Foreign Language), and other areas designated 34 by the State Board of Education, in consultation with the HB0708 Engrossed -430- LRB9203186EGfg 1 State Teacher Certification Board. 2 (c) Standard Certificate. Beginning February 15, 2000, 3 persons who (1) have completed 4 years of teaching, as 4 defined in Section 21-14 of this Code, with an Initial 5 Certificate or an Initial Alternative Teaching Certificate 6 and have met all other criteria established by the State 7 Board of Education in consultation with the State Teacher 8 Certification Board, (2) have completed 4 years of teaching 9 on a valid equivalent certificate in another State or 10 territory of the United States, or have completed 4 years of 11 teaching in a nonpublic Illinois elementary or secondary 12 school with an Initial Certificate or an Initial Alternative 13 Teaching Certificate, and have met all other criteria 14 established by the State Board of Education, in consultation 15 with the State Teacher Certification Board, or (3) were 16 issued teaching certificates prior to February 15, 2000 and 17 are renewing those certificates after February 15, 2000, 18 shall be issued a Standard Certificate valid for 5 years, 19 which may be renewed thereafter every 5 years by the State 20 Teacher Certification Board based on proof of continuing 21 education or professional development. Beginning July 1, 22 2003, persons who have completed 4 years of teaching, as 23 described in clauses (1) and (2) of this subsection (c), have 24 successfully completed the Standard Teaching Certificate 25 Examinations, and have met all other criteria established by 26 the State Board of Education, in consultation with the State 27 Teacher Certification Board, shall be issued Standard 28 Certificates. Standard Certificates shall be issued for 29 categories corresponding to Early Childhood, Elementary, 30 Secondary, and Special K-12, with special certification 31 designations for Special Education, Bilingual Education, 32 fundamental learning areas (including Language Arts, Reading, 33 Mathematics, Science, Social Science, Physical Development 34 and Health, Fine Arts, and Foreign Language), and other areas HB0708 Engrossed -431- LRB9203186EGfg 1 designated by the State Board of Education, in consultation 2 with the State Teacher Certification Board. 3 (d) Master Certificate. Beginning February 15, 2000, 4 persons who have successfully achieved National Board 5 certification through the National Board for Professional 6 Teaching Standards shall be issued a Master Certificate, 7 valid for 10 years and renewable thereafter every 10 years 8 through compliance with requirements set forth by the State 9 Board of Education, in consultation with the State Teacher 10 Certification Board. However, each teacher who holds a Master 11 Certificate shall be eligible for a teaching position in this 12 State in the areas for which he or she holds a Master 13 Certificate without satisfying any other requirements of this 14 Code, except for those requirements pertaining to criminal 15 background checks. A teacher who holds a Master Certificate 16 shall be deemed to meet State certification renewal 17 requirements in the area or areas for which he or she holds a 18 Master Certificate for the 10-year term of the teacher's 19 Master Certificate. 20 (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98; 21 90-811, eff. 1-26-99; 91-102, eff. 7-12-99; 91-606, eff. 22 8-16-99; 91-609, eff. 1-1-00; revised 10-7-99.) 23 (105 ILCS 5/27A-4) 24 Sec. 27A-4. General Provisions. 25 (a) The General Assembly does not intend to alter or 26 amend the provisions of any court-ordered desegregation plan 27 in effect for any school district. A charter school shall be 28 subject to all federal and State laws and constitutional 29 provisions prohibiting discrimination on the basis of 30 disability, race, creed, color, gender, national origin, 31 religion, ancestry, marital status, or need for special 32 education services. 33 (b) The total number of charter schools operating under HB0708 Engrossed -432- LRB9203186EGfg 1 this Article at any one time shall not exceed 45. Not more 2 than 15 charter schools shall operate at any one time in any 3 city having a population exceeding 500,000; not more than 15 4 charter schools shall operate at any one time in the counties 5 of DuPage, Kane, Lake, McHenry, Will, and that portion of 6 Cook County that is located outside a city having a 7 population exceeding 500,000, with not more than one charter 8 school that has been initiated by a board of education, or by 9 an intergovernmental agreement between or among boards of 10 education, operating at any one time in the school district 11 where the charter school is located; and not more than 15 12 charter schools shall operate at any one time in the 13 remainder of the State, with not more than one charter school 14 that has been initiated by a board of education, or by an 15 intergovernmental agreement between or among boards of 16 education, operating at any one time in the school district 17 where the charter school is located. 18 For purposes of implementing this Section, the State 19 Board shall assign a number to each charter submission it 20 receives under Section 27A-6 for its review and 21 certification, based on the chronological order in which the 22 submission is received by it. The State Board shall promptly 23 notify local school boards when the maximum numbers of 24 certified charter schools authorized to operate have been 25 reached. 26 (c) No charter shall be granted under this Article that 27 would convert any existing private, parochial, or non-public 28 school to a charter school. 29 (d) Enrollment in a charter school shall be open to any 30 pupil who resides within the geographic boundaries of the 31 area served by the local school board. 32 (e) Nothing in this Article shall prevent 2 or more 33 local school boards from jointly issuing a charter to a 34 single shared charter school, provided that all of the HB0708 Engrossed -433- LRB9203186EGfg 1 provisions of this Article are met as to those local school 2 boards. 3 (f) No local school board shall require any employee of 4 the school district to be employed in a charter school. 5 (g) No local school board shall require any pupil 6 residing within the geographic boundary of its district to 7 enroll in a charter school. 8 (h) If there are more eligible applicants for enrollment 9 in a charter school than there are spaces available, 10 successful applicants shall be selected by lottery. However, 11 priority shall be given to siblings of pupils enrolled in the 12 charter school and to pupils who were enrolled in the charter 13 school the previous school year, unless expelled for cause. 14 Dual enrollment at both a charter school and a public school 15 or non-public school shall not be allowed. A pupil who is 16 suspended or expelled from a charter school shall be deemed 17 to be suspended or expelled from the public schools of the 18 school district in which the pupil resides. 19 (i) (Blank). 20 (Source: P.A. 91-357, eff. 7-29-99; 91-405, eff. 8-3-99; 21 91-407, eff. 8-3-99; revised 8-27-99.) 22 (105 ILCS 5/27A-9) 23 Sec. 27A-9. Term of charter; renewal. 24 (a) A charter may be granted for a period not less than 25 5 and not more than 10 school years. A charter may be 26 renewed in incremental periods not to exceed 5 school years. 27 (b) A charter school renewal proposal submitted to the 28 local school board or State Board, as the chartering entity, 29 shall contain: 30 (1) A report on the progress of the charter school 31 in achieving the goals, objectives, pupil performance 32 standards, content standards, and other terms of the 33 initial approved charter proposal; and HB0708 Engrossed -434- LRB9203186EGfg 1 (2) A financial statement that discloses the costs 2 of administration, instruction, and other spending 3 categories for the charter school that is understandable 4 to the general public and that will allow comparison of 5 those costs to other schools or other comparable 6 organizations, in a format required by the State Board. 7 (c) A charter may be revoked or not renewed if the local 8 school board or State Board, as the chartering entity, 9 clearly demonstrates that the charter school did any of the 10 following, or otherwise failed to comply with the 11 requirements of this law: 12 (1) Committed a material violation of any of the 13 conditions, standards, or procedures set forth in the 14 charter. 15 (2) Failed to meet or make reasonable progress 16 toward achievement of the content standards or pupil 17 performance standards identified in the charter. 18 (3) Failed to meet generally accepted standards of 19 fiscal management. 20 (4) Violated any provision of law from which the 21 charter school was not exempted. 22 (d) (Blank). 23 (e) Notice of a local school board's decision to deny, 24 revoke or not to renew a charter shall be provided to the 25 State Board. The State Board may reverse a local board's 26 decision if the State Board finds that the charter school or 27 charter school proposal (i) is in compliance with this 28 Article, and (ii) is in the best interests of the students it 29 is designed to serve. The State Board may condition the 30 granting of an appeal on the acceptance by the charter school 31 of funding in an amount less than that requested in the 32 proposal submitted to the local school board. Final decisions 33 of the State Board shall be subject to judicial review under 34 the Administrative Review Law. HB0708 Engrossed -435- LRB9203186EGfg 1 (f) Notwithstanding other provisions of this Article, if 2 the State Board on appeal reverses a local board's decision 3 or if a charter school is approved by referendum, the State 4 Board shall act as the authorized chartering entity for the 5 charter school. The State Board shall approve and certify 6 the charter and shall perform all functions under this 7 Article otherwise performed by the local school board. The 8 State Board shall report the aggregate number of charter 9 school pupils resident in a school district to that district 10 and shall notify the district of the amount of funding to be 11 paid by the State Board to the charter school enrolling such 12 students. The State Board shall require the charter school to 13 maintain accurate records of daily attendance that shall be 14 deemed sufficient to file claims under Section 18-8.05 15 notwithstanding any other requirements of that Section 16 regarding hours of instruction and teacher certification. The 17 State Board shall withhold from funds otherwise due the 18 district the funds authorized by this Article to be paid to 19 the charter school and shall pay such amounts to the charter 20 school. 21 (Source: P.A. 90-548, eff. 1-1-98; 91-96, eff. 7-9-99; 22 91-407, eff. 8-3-99; revised 10-7-99.) 23 (105 ILCS 5/27A-11.5) 24 Sec. 27A-11.5. State financing. The State Board of 25 Education shall make the following funds available to school 26 districts and charter schools: 27 (1) From a separate appropriation made to the State 28 Board for purposes of this subdivision (1), the State 29 Board shall make transition impact aid available to 30 school districts that approve a new charter school or 31 that have funds withheld by the State Board to fund a new 32 charter school that is chartered by the State Board. The 33 amount of the aid shall equal 90% of the per capita HB0708 Engrossed -436- LRB9203186EGfg 1 funding paid to the charter school during the first year 2 of its initial charter term, 65% of the per capita 3 funding paid to the charter school during the second year 4 of its initial term, and 35% of the per capita funding 5 paid to the charter school during the third year of its 6 initial term. This transition impact aid shall be paid 7 to the local school board in equal quarterly 8 installments, with the payment of the installment for the 9 first quarter being made by August 1st immediately 10 preceding the first, second, and third years of the 11 initial term. The district shall file an application for 12 this aid with the State Board in a format designated by 13 the State Board. If the appropriation is insufficient in 14 any year to pay all approved claims, the impact aid shall 15 be prorated. Transition impact aid shall be paid 16 beginning in the 1999-2000 school year for charter 17 schools that are in the first, second, or third year of 18 their initial term.If House Bill 230 of the 91st19General Assembly becomes law,Transition impact aid shall 20 not be paid for any charter school that is proposed and 21 created by one or more boards of education, as authorized 22 under the provisions of Public Act 91-405House Bill 23023of the 91st General Assembly. 24 (2) From a separate appropriation made for the 25 purpose of this subdivision (2), the State Board shall 26 make grants to charter schools to pay their start-up 27 costs of acquiring educational materials and supplies, 28 textbooks, furniture, and other equipment needed during 29 their initial term. The State Board shall annually 30 establish the time and manner of application for these 31 grants, which shall not exceed $250 per student enrolled 32 in the charter school. 33 (3) The Charter Schools Revolving Loan Fund is 34 created as a special fund in the State treasury. Federal HB0708 Engrossed -437- LRB9203186EGfg 1 funds, such other funds as may be made available for 2 costs associated with the establishment of charter 3 schools in Illinois, and amounts repaid by charter 4 schools that have received a loan from the Charter 5 Schools Revolving Loan Fund shall be deposited into the 6 Charter Schools Revolving Loan Fund, and the moneys in 7 the Charter Schools Revolving Loan Fund shall be 8 appropriated to the State Board and used to provide 9 interest-free loans to charter schools. These funds 10 shall be used to pay start-up costs of acquiring 11 educational materials and supplies, textbooks, furniture, 12 and other equipment needed in the initial term of the 13 charter school and for acquiring and remodeling a 14 suitable physical plant, within the initial term of the 15 charter school. Loans shall be limited to one loan per 16 charter school and shall not exceed $250 per student 17 enrolled in the charter school. A loan shall be repaid 18 by the end of the initial term of the charter school. 19 The State Board may deduct amounts necessary to repay the 20 loan from funds due to the charter school or may require 21 that the local school board that authorized the charter 22 school deduct such amounts from funds due the charter 23 school and remit these amounts to the State Board, 24 provided that the local school board shall not be 25 responsible for repayment of the loan. The State Board 26 may use up to 3% of the appropriation to contract with a 27 non-profit entity to administer the loan program. 28 (4) A charter school may apply for and receive, 29 subject to the same restrictions applicable to school 30 districts, any grant administered by the State Board that 31 is available for school districts. 32 (Source: P.A. 91-407, eff. 8-3-99; revised 8-4-99.) 33 (105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3) HB0708 Engrossed -438- LRB9203186EGfg 1 Sec. 34-8.3. Remediation and probation of attendance 2 centers. 3 (a) The general superintendent shall monitor the 4 performance of the attendance centers within the district and 5 shall identify attendance centers, pursuant to criteria that 6 the board shall establish, in which: 7 (1) there is a failure to develop, implement, or 8 comply with a school improvement plan; 9 (2) there is a pervasive breakdown in the 10 educational program as indicated by factors, including, 11 but not limited to, the absence of improvement in student 12 reading and math achievement scores, an increased 13 drop-out rate, a decreased graduation rate, and a 14 decrease in rate of student attendance; 15 (3) (blank); or 16 (4) there is a failure or refusal to comply with 17 the provisions of this Act, other applicable laws, 18 collective bargaining agreements, court orders, or with 19 Board rules which the Board is authorized to promulgate. 20 (b) If the general superintendent identifies a 21 nonperforming school as described herein, he or she shall 22 place the attendance center on remediation by developing a 23 remediation plan for the center. The purpose of the 24 remediation plan shall be to correct the deficiencies in the 25 performance of the attendance center by one or more of the 26 following methods: 27 (1) drafting a new school improvement plan; 28 (2) applying to the board for additional funding 29 for training for the local school council; 30 (3) directing implementation of a school 31 improvement plan; 32 (4) mediating disputes or other obstacles to reform 33 or improvement at the attendance center. 34 If, however, the general superintendent determines that HB0708 Engrossed -439- LRB9203186EGfg 1 the problems are not able to be remediated by these methods, 2 the general superintendent shall place the attendance center 3 on probation. The board shall establish guidelines that 4 determine the factors for placing an attendance center on 5 probation. 6 (c) Each school placed on probation shall have a school 7 improvement plan and school budget for correcting 8 deficiencies identified by the board. The plan shall include 9 specific steps that the local school council and school staff 10 must take to correct identified deficiencies and specific 11 objective criteria by which the school's subsequent progress 12 will be determined. The school budget shall include specific 13 expenditures directly calculated to correct educational and 14 operational deficiencies identified at the school by the 15 probation team. 16 (d) Schools placed on probation that, after a maximum of 17 one year, fail to make adequate progress in correcting 18 deficiencies are subject to the following action by the 19 general superintendent with the approval of the board, after 20 opportunity for a hearing: 21 (1) Ordering new local school council elections. 22 (2) Removing and replacing the principal. 23 (3) Replacement of faculty members, subject to the 24 provisions of Section 24A-5. 25 (4) Reconstitution of the attendance center and 26 replacement and reassignment by the general 27 superintendent of all employees of the attendance center. 28 (5) Intervention under Section 34-8.4. 29 (6) Closing of the school. 30 (e) Schools placed on probation shall remain on 31 probation from year to year until deficiencies are corrected, 32 even if such schools make acceptable annual progress. The 33 board shall establish, in writing, criteria for determining 34 whether or not a school shall remain on probation. If HB0708 Engrossed -440- LRB9203186EGfg 1 academic achievement tests are used as the factor for placing 2 a school on probation, the general superintendent shall 3 consider objective criteria, not just an increase in test 4 scores, in deciding whether or not a school shall remain on 5 probation. These criteria shall include attendance, test 6 scores, student mobility rates, poverty rates, bilingual 7 education eligibility, special education, and English 8 language proficiency programs, with progress made in these 9 areas being taken into consideration in deciding whether or 10 not a school shall remain on probation. 11 (f) Where the board has reason to believe that 12 violations of civil rights, or of civil or criminal law have 13 occurred, or when the general superintendent deems that the 14 school is in educational crisis it may take immediate 15 corrective action, including the actions specified in this 16 Section, without first placing the school on remediation or 17 probation. Nothing described herein shall limit the 18 authority of the board as provided by any law of this State. 19 The board shall develop criteria governing the determination 20 regarding when a school is in educational crisis. 21 (g) All persons serving as subdistrict superintendent on 22 May 1, 1995 shall be deemed by operation of law to be serving 23 under a performance contract which expires on June 30, 1995, 24 and the employment of each such person as subdistrict 25 superintendent shall terminate on June 30, 1995. The board 26 shall have no obligation to compensate any such person as a 27 subdistrict superintendent after June 30, 1995. 28 (h) The general superintendent shall, in consultation 29 with local school councils, conduct an annual evaluation of 30 each principal in the district pursuant to guidelines 31 promulgated by the Board of Education. 32 (Source: P.A. 91-219, eff. 1-1-00; 91-622, eff. 8-19-99; 33 revised 10-13-99.) HB0708 Engrossed -441- LRB9203186EGfg 1 (105 ILCS 5/34-18.18) 2 Sec. 34-18.18. Occupational standards. The Board shall 3 not require a student to meet occupational standards for 4 grade level promotion or graduation unless that student is 5 voluntarily enrolled in a job training program. 6 (Source: P.A. 91-175, eff. 1-1-00.) 7 (105 ILCS 5/34-18.19) 8 Sec. 34-18.19.34-18.18.School safety assessment audit; 9 safety plan. The board of education shall require schools, 10 subject to the award of a grant by the State Board of 11 Education, to complete a school safety assessment audit, as 12 developed by the State Board of Education pursuant to Section 13 2-3.129,2-3.126,and to develop a written safety plan or 14 revise their current safety plan to implement the criteria 15 developed by the State Board of Education, in cooperation 16 with the Task Force on School Safety, as specified in the 17 school safety assessment audit. The plan shall be subject to 18 approval by the board of education. Once approved, the 19 school shall file the plan with the State Board of Education 20 and the regional superintendent of schools. The State Board 21 of Education shall provide, subject to appropriation, grants 22 for the purposes of this Section. 23 (Source: P.A. 91-491, eff. 8-13-99; revised 11-8-99.) 24 (105 ILCS 5/34-18.20) 25 Sec. 34-18.20.34-18.18.Time out and physical 26 restraint. Until rules are adopted under Section 2-3.130 272-3.126of this Code, the use of any of the following rooms 28 or enclosures for time out purposes is prohibited: 29 (1) a locked room other than one with a locking 30 mechanism that engages only when a key or handle is being 31 held by a person; 32 (2) a confining space such as a closet or box; HB0708 Engrossed -442- LRB9203186EGfg 1 (3) a room where the student cannot be continually 2 observed; or 3 (4) any other room or enclosure or time out 4 procedure that is contrary to current guidelines of the 5 State Board of Education. 6 The use of physical restraints is prohibited except when 7 (i) the student poses a physical risk to himself, herself, or 8 others, (ii) there is no medical contraindication to its use, 9 and (iii) the staff applying the restraint have been trained 10 in its safe application. For the purposes of this Section, 11 "restraint" does not include momentary periods of physical 12 restriction by direct person-to-person contact, without the 13 aid of material or mechanical devices, accomplished with 14 limited force and that are designed (i) to prevent a student 15 from completing an act that would result in potential 16 physical harm to himself, herself, or another or damage to 17 property or (ii) to remove a disruptive student who is 18 unwilling to voluntarily leave the area. The use of physical 19 restraints that meet the requirements of this Section may be 20 included in a student's individualized education plan where 21 deemed appropriate by the student's individualized education 22 plan team. Whenever physical restraints are used, school 23 personnel shall fully document the incident, including the 24 events leading up to the incident, the type of restraint 25 used, the length of time the student is restrained, and the 26 staff involved. The parents or guardian of a student shall 27 be informed whenever physical restraints are used. 28 (Source: P.A. 91-600, eff. 8-14-99; revised 11-8-99.) 29 Section 49.5. The School Breakfast and Lunch Program Act 30 is amended by changing Section 8 as follows: 31 (105 ILCS 125/8) (from Ch. 122, par. 712.8) 32 Sec. 8. Filing and forwarding claims for reimbursement. HB0708 Engrossed -443- LRB9203186EGfg 1 School boards and welfare centers shall file claims for 2 reimbursement, on forms provided by the State Board of 3 Education, on a monthly basis as prescribed by the State 4 Board of Education. 5 (Source: P.A. 91-764, eff. 6-9-00; 91-843, eff. 6-22-00; 6 revised 7-13-00.) 7 Section 50. The Campus Security Act is amended by 8 changing Section 15 as follows: 9 (110 ILCS 12/15) 10 Sec. 15. Arrest reports. 11 (a) When an individual is arrested, the following 12 information must be made available to the news media for 13 inspection and copying: 14 (1) Information that identifies the individual 15person, including the name, age, address, and photograph, 16 when and if available. 17 (2) Information detailing any charges relating to 18 the arrest. 19 (3) The time and location of the arrest. 20 (4) The name of the investigating or arresting law 21 enforcement agency. 22 (5) If the individual is incarcerated, the amount 23 of any bail or bond. 24 (6) If the individual is incarcerated, the time and 25 date that the individual was received, discharged, or 26 transferred from the arresting agency's custody. 27 (b) The information required by this Section must be 28 made available to the news media for inspection and copying 29 as soon as practicable, but in no event shall the time period 30 exceed 72 hours from the arrest. The information described 31 in paragraphs (3), (4), (5), and (6)3, 4, 5, and 6of 32 subsection (a), however, may be withheld if it is determined HB0708 Engrossed -444- LRB9203186EGfg 1 that disclosure would: 2 (1) interfere with pending or actually and 3 reasonably contemplated law enforcement proceedings 4 conducted by any law enforcement or correctional agency; 5 (2) endanger the life or physical safety of law 6 enforcement or correctional personnel or any other 7 person; or 8 (3) compromise the security of any correctional 9 facility. 10 (c) For the purposes of this Section the term "news 11 media" means personnel of a newspaper or other periodical 12 issued at regular intervals, a news service, a radio station, 13 a television station, a community antenna television service, 14 or a person or corporation engaged in making news reels or 15 other motion picture news for public showing. 16 (d) Each law enforcement or correctional agency may 17 charge fees for arrest records, but in no instance may the 18 fee exceed the actual cost of copying and reproduction. The 19 fees may not include the cost of the labor used to reproduce 20 the arrest record. 21 (e) The provisions of this Section do not supersede the 22 confidentiality provisions for arrest records of the Juvenile 23 Court Act of 1987. 24 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.) 25 Section 50.1. The University of Illinois Trustees Act is 26 amended by changing Section 1 as follows: 27 (110 ILCS 310/1) (from Ch. 144, par. 41) 28 Sec. 1. The Board of Trustees of the University of 29 Illinois shall consist of the Governor and at least 12 30 trustees. Nine trustees shall be appointed by the Governor, 31 by and with the advice and consent of the Senate. The other 32 trustees shall be students, of whom one student shall be HB0708 Engrossed -445- LRB9203186EGfg 1 selected from each University campus. 2 Each student trustee shall serve a term of one year, 3 beginning on July 1 or on the date of his or her selection, 4 whichever is later, and expiring on the next succeeding June 5 30. 6 Each trustee shall have all of the privileges of 7 membership, except that only one student trustee shall have 8 the right to cast a legally binding vote. The Governor shall 9 designate which one of the student trustees shall possess, 10 for his or her entire term, the right to cast a legally 11 binding vote. Each student trustee who does not possess the 12 right to cast a legally binding vote shall have the right to 13 cast an advisory vote and the right to make and second 14 motions and to attend executive sessions. 15 Each trustee shall be governed by the same conflict of 16 interest standards. Pursuant to those standards, it shall 17 not be a conflict of interest for a student trustee to vote 18 on matters pertaining to students generally, such as tuition 19 and fees. However, it shall be a conflict of interest for a 20 student trustee to vote on faculty member tenure or 21 promotion. Student trustees shall be chosen by campus-wide 22 student election, and the student trustee designated by the 23 Governor to possess a legally binding vote shall be one of 24 the students selected by this method. A student trustee who 25 does not possess a legally binding vote on a measure at a 26 meeting of the Board or any of its committees shall not be 27 considered a trustee for the purpose of determining whether a 28 quorum is present at the time that measure is voted upon. 29 To be eligible for selection as a student trustee and to be 30 eligible to remain as a voting or nonvoting student trustee, 31 a student trustee must be a resident of this State, must have 32 and maintain a grade point average that is equivalent to at 33 least 2.5 on a 4.0 scale, and must be a full time student 34 enrolled at all times during his or her term of office except HB0708 Engrossed -446- LRB9203186EGfg 1 for that part of the term which follows the completion of 2 the last full regular semester of an academic year and 3 precedes the first full regular semester of the succeeding 4 academic year at the University (sometimes commonly referred 5 to as the summer session or summer school). If a voting or 6 nonvoting student trustee fails to continue to meet or 7 maintain the residency, minimum grade point average, or 8 enrollment requirement established by this Section, his or 9 her membership on the Board shall be deemed to have 10 terminated by operation of law. 11 If a voting student trustee resigns or otherwise ceases 12 to serve on the Board, the Governor shall, within 30 days, 13 designate one of the remaining student trustees to possess 14 the right to cast a legally binding vote for the remainder of 15 his or her term. If a nonvoting student trustee resigns or 16 otherwise ceases to serve on the Board, the chief executive 17 of the student government from that campus shall, within 30 18 days, select a new nonvoting student trustee to serve for the 19 remainder of the term. 20 No more than 5 of the 9 appointed trustees shall be 21 affiliated with the same political party. Each trustee 22 appointed by the Governor must be a resident of this State. 23 A failure to meet or maintain this residency requirement 24 constitutes a resignation from and creates a vacancy in the 25 Board. The term of office of each appointed trustee shall be 26 6 years from the third Monday in January of each odd numbered 27 year. The regular terms of office of the appointed trustees 28 shall be staggered so that 3 terms expire in each 29 odd-numbered year. 30 Vacancies for appointed trustees shall be filled for the 31 unexpired term in the same manner as original appointments. 32 If a vacancy in membership occurs at a time when the Senate 33 is not in session, the Governor shall make temporary 34 appointments until the next meeting of the Senate, when he HB0708 Engrossed -447- LRB9203186EGfg 1 shall appoint persons to fill such memberships for the 2 remainder of their respective terms. If the Senate is not in 3 session when appointments for a full term are made, 4 appointments shall be made as in the case of vacancies. 5 No action of the board shall be invalidated by reason of 6 any vacancies on the board, or by reason of any failure to 7 select student trustees. 8 (Source: P.A. 90-630, eff. 7-24-98; 91-778, eff. 1-1-01; 9 91-798, eff. 7-9-00; revised 6-29-00.) 10 Section 50.2. The Southern Illinois University 11 Management Act is amended by changing Sections 2 and 5 as 12 follows: 13 (110 ILCS 520/2) (from Ch. 144, par. 652) 14 Sec. 2. The Board shall consist of 7 members appointed by 15 the Governor, by and with the advice and consent of the 16 Senate, the Superintendent of Public Instruction, or his 17 chief assistant for liaison with higher education when 18 designated to serve in his place, ex-officio, and one voting 19 student member designated by the Governor from one campus of 20 the University and one nonvoting student member from the 21 campus of the University not represented by the voting 22 student member. The Governor shall designate one of the 23 student members serving on the Board to serve as the voting 24 student member. Each student member shall be chosen by the 25 respective campuses of Southern Illinois University at 26 Carbondale and Edwardsville. The method of choosing these 27 student members shall be by campus-wide student election, and 28 any student designated by the Governor to be a voting student 29 member shall be one of the students chosen by this method. 30 The student members shall serve terms of one year beginning 31 on July 1 of each year, except that the student members 32 initially selected shall serve a term beginning on the date HB0708 Engrossed -448- LRB9203186EGfg 1 of such selection and expiring on the next succeeding June 2 30. To be eligible for selection as a student member and to 3 be eligible to remain as a voting or nonvoting student member 4 of the Board, a student member must be a resident of this 5 State, must have and maintain a grade point average that is 6 equivalent to at least 2.5 on a 4.0 scale, and must be a full 7 time student enrolled at all times during his or her term of 8 office except for that part of the term which follows the 9 completion of the last full regular semester of an academic 10 year and precedes the first full regular semester of the 11 succeeding academic year at the university (sometimes 12 commonly referred to as the summer session or summer school). 13 If a voting or nonvoting student member serving on the Board 14 fails to continue to meet or maintain the residency, minimum 15 grade point average, or enrollment requirement established by 16 this Section, his or her membership on the Board shall be 17 deemed to have terminated by operation of law. No more than 4 18 of the members appointed by the Governor shall be affiliated 19 with the same political party. Each member appointed by the 20 Governor must be a resident of this State. A failure to meet 21 or maintain this residency requirement constitutes a 22 resignation from and creates a vacancy in the Board. Upon 23 the expiration of the terms of members appointed by the 24 Governor, their respective successors shall be appointed for 25 terms of 6 years from the third Monday in January of each 26 odd-numbered year and until their respective successors are 27 appointed for like terms. If the Senate is not in session 28 appointments shall be made as in the case of vacancies. 29 (Source: P.A. 90-630, eff. 7-24-98; 91-778, eff. 1-1-01; 30 91-798, eff. 7-9-00; revised 6-29-00.) 31 (110 ILCS 520/5) (from Ch. 144, par. 655) 32 Sec. 5. Members of the Board shall elect annually by 33 secret ballot from their own number a chairman who shall HB0708 Engrossed -449- LRB9203186EGfg 1 preside over meetings of the Board and a secretary. 2 Meetings of the Board shall be held at least once each 3 quarter on a campus of Southern Illinois University. At all 4 regular meetings of the Board, a majority of its voting 5 members shall constitute a quorum. The student members shall 6 have all of the privileges of membership, including the right 7 to make and second motions and to attend executive sessions, 8 other than the right to vote, except that the student member 9 designated by the Governor as the voting student member shall 10 have the right to vote on all Board matters except those 11 involving faculty tenure, faculty promotion or any issue on 12 which the student member has a direct conflict of interest. 13 A student member who is not entitled to vote on a measure at 14 a meeting of the Board or any of its committees shall not be 15 considered a member for the purpose of determining whether a 16 quorum is present at the time that measure is voted upon. No 17 action of the Board shall be invalidated by reason of any 18 vacancies on the Board, or by reason of any failure to select 19 a student member. 20 Special meetings of the Board may be called by the 21 chairman of the Board or by any 3 members of the Board. 22 At each regular and special meeting that is open to the 23 public, members of the public and employees of the University 24 shall be afforded time, subject to reasonable constraints, to 25 make comments to or ask questions of the Board. 26 (Source: P.A. 90-630, eff. 7-24-98; 91-715, eff. 1-1-01; 27 91-778, eff. 1-1-01; revised 6-23-00.) 28 Section 50.3. The Chicago State University Law is 29 amended by changing Sections 5-15 and 5-25 as follows: 30 (110 ILCS 660/5-15) 31 Sec. 5-15. Membership; terms; vacancies. The Board 32 shall consist of 7 voting members appointed by the Governor, HB0708 Engrossed -450- LRB9203186EGfg 1 by and with the advice and consent of the Senate, and one 2 voting member who is a student at Chicago State University. 3 The student member shall be chosen by a campus-wide student 4 election. The student member shall serve a term of one year 5 beginning on July 1 of each year, except that the student 6 member initially selected shall serve a term beginning on the 7 date of his or her selection and expiring on the next 8 succeeding June 30. To be eligible for selection as a 9 student member and to be eligible to remain as a student 10 member of the Board, the student member must be a resident of 11 this State, must have and maintain a grade point average that 12 is equivalent to at least 2.5 on a 4.0 scale, and must be a 13 full time student enrolled at all times during his or her 14 term of office except for that part of the term which follows 15 the completion of the last full regular semester of an 16 academic year and precedes the first full regular semester of 17 the succeeding academic year at the university (sometimes 18 commonly referred to as the summer session or summer school). 19 If a student member serving on the Board fails to continue to 20 meet or maintain the residency, minimum grade point average, 21 or enrollment requirement established by this Section, his or 22 her membership on the Board shall be deemed to have 23 terminated by operation of law. Of the members first 24 appointed by the Governor, 4 shall be appointed for terms to 25 expire on the third Monday in January, 1999, and 3 shall be 26 appointed for terms to expire on the third Monday in January, 27 2001. If the Senate is not in session on the effective date 28 of this Article, or if a vacancy in an appointive membership 29 occurs at a time when the Senate is not in session, the 30 Governor shall make temporary appointments until the next 31 meeting of the Senate when he shall nominate persons to fill 32 such memberships for the remainder of their respective terms. 33 No more than 4 of the members appointed by the Governor shall 34 be affiliated with the same political party. Each member HB0708 Engrossed -451- LRB9203186EGfg 1 appointed by the Governor must be a resident of this State. 2 A failure to meet or maintain this residency requirement 3 constitutes a resignation from and creates a vacancy in the 4 Board. Upon the expiration of the terms of members appointed 5 by the Governor, their respective successors shall be 6 appointed for terms of 6 years from the third Monday in 7 January of each odd-numbered year. Any members appointed to 8 the Board shall continue to serve in such capacity until 9 their successors are appointed and qualified. 10 (Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99; 11 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; revised 6-29-00.) 12 (110 ILCS 660/5-25) 13 Sec. 5-25. Officers; meetings. Members of the Board 14 shall elect annually by secret ballot from their own number a 15 chairman who shall preside over meetings of the Board and a 16 secretary. 17 Meetings of the Board shall be held at least once each 18 quarter on the campus of Chicago State University at Chicago, 19 Illinois. At all regular meetings of the Board, a majority 20 of its members shall constitute a quorum. The student member 21 shall have all of the privileges of membership, including the 22 right to make and second motions, to attend executive 23 sessions, and to vote on all Board matters except those 24 involving faculty tenure, faculty promotion or any issue on 25 which the student member has a direct conflict of interest. 26 Unless the student member is entitled to vote on a measure at 27 a meeting of the Board or any of its committees, he or she 28 shall not be considered a member for the purpose of 29 determining whether a quorum is present at the time that 30 measure is voted upon. No action of the Board shall be 31 invalidated by reason of any vacancies on the Board or by 32 reason of any failure to select a student member. 33 Special meetings of the Board may be called by the HB0708 Engrossed -452- LRB9203186EGfg 1 chairman of the Board or by any 3 members of the Board. 2 At each regular and special meeting that is open to the 3 public, members of the public and employees of the University 4 shall be afforded time, subject to reasonable constraints, to 5 make comments to or ask questions of the Board. 6 (Source: P.A. 90-630, eff. 7-24-98; 91-715, eff. 1-1-01; 7 91-778, eff. 1-1-01; revised 6-23-00.) 8 Section 50.4 The Eastern Illinois University Law is 9 amended by changing Sections 10-15 and 10-25 as follows: 10 (110 ILCS 665/10-15) 11 Sec. 10-15. Membership; terms; vacancies. The Board 12 shall consist of 7 voting members appointed by the Governor, 13 by and with the advice and consent of the Senate, and one 14 voting member who is a student at Eastern Illinois 15 University. The student member shall be chosen by a 16 campus-wide student election. The student member shall serve 17 a term of one year beginning on July 1 of each year, except 18 that the student member initially selected shall serve a term 19 beginning on the date of his or her selection and expiring on 20 the next succeeding June 30. To be eligible for selection as 21 a student member and to be eligible to remain as a student 22 member of the Board, the student member must be a resident of 23 this State, must have and maintain a grade point average that 24 is equivalent to at least 2.5 on a 4.0 scale, and must be a 25 full time student enrolled at all times during his or her 26 term of office except for that part of the term which follows 27 the completion of the last full regular semester of an 28 academic year and precedes the first full regular semester of 29 the succeeding academic year at the university (sometimes 30 commonly referred to as the summer session or summer school). 31 If a student member serving on the Board fails to continue to 32 meet or maintain the residency, minimum grade point average, HB0708 Engrossed -453- LRB9203186EGfg 1 or enrollment requirement established by this Section, his or 2 her membership on the Board shall be deemed to have 3 terminated by operation of law. Of the members first 4 appointed by the Governor, 4 shall be appointed for terms to 5 expire on the third Monday in January, 1999, and 3 shall be 6 appointed for terms to expire on the third Monday in January, 7 2001. If the Senate is not in session on the effective date 8 of this Article, or if a vacancy in an appointive membership 9 occurs at a time when the Senate is not in session, the 10 Governor shall make temporary appointments until the next 11 meeting of the Senate when he shall nominate persons to fill 12 such memberships for the remainder of their respective terms. 13 No more than 4 of the members appointed by the Governor shall 14 be affiliated with the same political party. Each member 15 appointed by the Governor must be a resident of this State. 16 A failure to meet or maintain this residency requirement 17 constitutes a resignation from and creates a vacancy in the 18 Board. Upon the expiration of the terms of members appointed 19 by the Governor, their respective successors shall be 20 appointed for terms of 6 years from the third Monday in 21 January of each odd-numbered year. Any members appointed to 22 the Board shall continue to serve in such capacity until 23 their successors are appointed and qualified. 24 (Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99; 25 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; revised 6-29-00.) 26 (110 ILCS 665/10-25) 27 Sec. 10-25. Officers; meetings. Members of the Board 28 shall elect annually by secret ballot from their own number a 29 chairman who shall preside over meetings of the Board and a 30 secretary. 31 Meetings of the Board shall be held at least once each 32 quarter on the campus of Eastern Illinois University at 33 Charleston, Illinois. At all regular meetings of the Board, HB0708 Engrossed -454- LRB9203186EGfg 1 a majority of its members shall constitute a quorum. The 2 student member shall have all of the privileges of 3 membership, including the right to make and second motions, 4 to attend executive sessions, and to vote on all Board 5 matters except those involving faculty tenure, faculty 6 promotion or any issue on which the student member has a 7 direct conflict of interest. Unless the student member is 8 entitled to vote on a measure at a meeting of the Board or 9 any of its committees, he or she shall not be considered a 10 member for the purpose of determining whether a quorum is 11 present at the time that measure is voted upon. No action of 12 the Board shall be invalidated by reason of any vacancies on 13 the Board or by reason of any failure to select a student 14 member. 15 Special meetings of the Board may be called by the 16 chairman of the Board or by any 3 members of the Board. 17 At each regular and special meeting that is open to the 18 public, members of the public and employees of the University 19 shall be afforded time, subject to reasonable constraints, to 20 make comments to or ask questions of the Board. 21 (Source: P.A. 90-630, eff. 7-24-98; 91-715, eff. 1-1-01; 22 91-778, eff. 1-1-01; revised 6-23-00.) 23 Section 50.5. The Governors State University Law is 24 amended by changing Sections 15-15 and 15-25 as follows: 25 (110 ILCS 670/15-15) 26 Sec. 15-15. Membership; terms; vacancies. The Board 27 shall consist of 7 voting members appointed by the Governor, 28 by and with the advice and consent of the Senate, and one 29 voting member who is a student at Governors State University. 30 The student member shall be chosen by a campus-wide student 31 election. The student member shall serve a term of one year 32 beginning on July 1 of each year, except that the student HB0708 Engrossed -455- LRB9203186EGfg 1 member initially selected shall serve a term beginning on the 2 date of his or her selection and expiring on the next 3 succeeding June 30. To be eligible for selection as a 4 student member and to be eligible to remain as a student 5 member of the Board, the student member must be a resident of 6 this State, must have and maintain a grade point average that 7 is equivalent to at least 2.5 on a 4.0 scale, and must be a 8 student enrolled at all times during his or her term of 9 office except for that part of the term which follows the 10 completion of the last full regular semester of an academic 11 year and precedes the first full regular semester of the 12 succeeding academic year at the university (sometimes 13 commonly referred to as the spring/summer semester). If a 14 student member serving on the Board fails to continue to meet 15 or maintain the residency, minimum grade point average, or 16 enrollment requirement established by this Section, his or 17 her membership on the Board shall be deemed to have 18 terminated by operation of law. Of the members first 19 appointed by the Governor, 4 shall be appointed for terms to 20 expire on the third Monday in January, 1999, and 3 shall be 21 appointed for terms to expire on the third Monday in January, 22 2001. If the Senate is not in session on the effective date 23 of this Article, or if a vacancy in an appointive membership 24 occurs at a time when the Senate is not in session, the 25 Governor shall make temporary appointments until the next 26 meeting of the Senate when he shall nominate persons to fill 27 such memberships for the remainder of their respective terms. 28 No more than 4 of the members appointed by the Governor shall 29 be affiliated with the same political party. Each member 30 appointed by the Governor must be a resident of this State. 31 A failure to meet or maintain this residency requirement 32 constitutes a resignation from and creates a vacancy in the 33 Board. Upon the expiration of the terms of members appointed 34 by the Governor, their respective successors shall be HB0708 Engrossed -456- LRB9203186EGfg 1 appointed for terms of 6 years from the third Monday in 2 January of each odd-numbered year. Any members appointed to 3 the Board shall continue to serve in such capacity until 4 their successors are appointed and qualified. 5 (Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99; 6 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; revised 6-29-00.) 7 (110 ILCS 670/15-25) 8 Sec. 15-25. Officers; meetings. Members of the Board 9 shall elect annually by secret ballot from their own number a 10 chairman who shall preside over meetings of the Board and a 11 secretary. 12 Meetings of the Board shall be held at least once each 13 quarter on the campus of Governors State University at 14 University Park, Illinois. At all regular meetings of the 15 Board, a majority of its members shall constitute a quorum. 16 The student member shall have all of the privileges of 17 membership, including the right to make and second motions, 18 to attend executive sessions, and to vote on all Board 19 matters except those involving faculty tenure, faculty 20 promotion or any issue on which the student member has a 21 direct conflict of interest. Unless the student member is 22 entitled to vote on a measure at a meeting of the Board or 23 any of its committees, he or she shall not be considered a 24 member for the purpose of determining whether a quorum is 25 present at the time that measure is voted upon. No action of 26 the Board shall be invalidated by reason of any vacancies on 27 the Board or by reason of any failure to select a student 28 member. 29 Special meetings of the Board may be called by the 30 chairman of the Board or by any 3 members of the Board. 31 At each regular and special meeting that is open to the 32 public, members of the public and employees of the University 33 shall be afforded time, subject to reasonable constraints, to HB0708 Engrossed -457- LRB9203186EGfg 1 make comments to or ask questions of the Board. 2 (Source: P.A. 89-4, eff. 1-1-96; 89-552, eff. 7-26-96; 3 90-630, eff. 7-24-98; 91-715, eff. 1-1-01; 91-778, eff. 4 1-1-01; revised 6-23-00.) 5 Section 50.6. The Illinois State University Law is 6 amended by changing Sections 20-15 and 20-25 as follows: 7 (110 ILCS 675/20-15) 8 Sec. 20-15. Membership; terms; vacancies. The Board 9 shall consist of 7 voting members appointed by the Governor, 10 by and with the advice and consent of the Senate, and one 11 voting member who is a student at Illinois State University. 12 The student member shall be chosen by a campus-wide student 13 election. The student member shall serve a term of one year 14 beginning on July 1 of each year, except that the student 15 member initially selected shall serve a term beginning on the 16 date of his or her selection and expiring on the next 17 succeeding June 30. To be eligible to remain as a student 18 member of the Board, the student member must be a resident of 19 this State, must have and maintain a grade point average that 20 is equivalent to at least 2.5 on a 4.0 scale, and must be a 21 full time student enrolled at all times during his or her 22 term of office except for that part of the term which follows 23 the completion of the last full regular semester of an 24 academic year and precedes the first full regular semester of 25 the succeeding academic year at the university (sometimes 26 commonly referred to as the summer session or summer school). 27 If a student member serving on the Board fails to continue to 28 meet or maintain the residency, minimum grade point average, 29 or enrollment requirement established by this Section, his or 30 her membership on the Board shall be deemed to have 31 terminated by operation of law. Of the members first 32 appointed by the Governor, 4 shall be appointed for terms to HB0708 Engrossed -458- LRB9203186EGfg 1 expire on the third Monday in January, 1999, and 3 shall be 2 appointed for terms to expire on the third Monday in January, 3 2001. If the Senate is not in session on the effective date 4 of this Article, or if a vacancy in an appointive membership 5 occurs at a time when the Senate is not in session, the 6 Governor shall make temporary appointments until the next 7 meeting of the Senate when he shall nominate persons to fill 8 such memberships for the remainder of their respective terms. 9 No more than 4 of the members appointed by the Governor shall 10 be affiliated with the same political party. Each member 11 appointed by the Governor must be a resident of this State. 12 A failure to meet or maintain this residency requirement 13 constitutes a resignation from and creates a vacancy in the 14 Board. Upon the expiration of the terms of members appointed 15 by the Governor, their respective successors shall be 16 appointed for terms of 6 years from the third Monday in 17 January of each odd-numbered year. Any members appointed to 18 the Board shall continue to serve in such capacity until 19 their successors are appointed and qualified. 20 (Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99; 21 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; revised 6-29-00.) 22 (110 ILCS 675/20-25) 23 Sec. 20-25. Officers; meetings. Members of the Board 24 shall elect annually by secret ballot from their own number a 25 chairman who shall preside over meetings of the Board and a 26 secretary. 27 Meetings of the Board shall be held at least once each 28 quarter on the campus of Illinois State University at Normal, 29 Illinois. At all regular meetings of the Board, a majority 30 of its members shall constitute a quorum. The student member 31 shall have all of the privileges of membership, including the 32 right to make and second motions, to attend executive 33 sessions, and to vote on all Board matters except those HB0708 Engrossed -459- LRB9203186EGfg 1 involving faculty tenure, faculty promotion or any issue on 2 which the student member has a direct conflict of interest. 3 Unless the student member is entitled to vote on a measure at 4 a meeting of the Board or any of its committees, he or she 5 shall not be considered a member for the purpose of 6 determining whether a quorum is present at the time that 7 measure is voted upon. No action of the Board shall be 8 invalidated by reason of any vacancies on the Board or by 9 reason of any failure to select a student member. 10 Special meetings of the Board may be called by the 11 chairman of the Board or by any 3 members of the Board. 12 At each regular and special meeting that is open to the 13 public, members of the public and employees of the University 14 shall be afforded time, subject to reasonable constraints, to 15 make comments to or ask questions of the Board. 16 (Source: P.A. 90-630, eff. 7-24-98; 91-715, eff. 1-1-01; 17 91-778, eff. 1-1-01; revised 6-23-00.) 18 Section 50.7. The Northeastern Illinois University Law 19 is amended by changing Sections 25-15 and 25-25 as follows: 20 (110 ILCS 680/25-15) 21 Sec. 25-15. Membership; terms; vacancies. The Board 22 shall consist of 9 voting members who are residents of this 23 State and are appointed by the Governor, by and with the 24 advice and consent of the Senate, and one voting member who 25 is a student at Northeastern Illinois University. The 26 student member shall be elected by a campus-wide election of 27 all students of the University. The student member shall 28 serve a term of one year beginning on July 1 of each year, 29 except that the student member initially selected under this 30 amendatory Act of the 91st General Assembly shall serve a 31 term beginning on the date of his or her selection and 32 expiring on the next succeeding June 30. To be eligible to HB0708 Engrossed -460- LRB9203186EGfg 1 remain as a student member of the Board, the student member 2 must be a resident of this State, must have and maintain a 3 grade point average that is equivalent to at least 2.5 on a 4 4.0 scale, and must be a full time undergraduate student 5 enrolled at all times during his or her term of office except 6 for that part of the term which follows the completion of the 7 last full regular semester of an academic year and precedes 8 the first full regular semester of the succeeding academic 9 year at the university (sometimes commonly referred to as the 10 summer session or summer school). If a student member 11 serving on the Board fails to continue to meet or maintain 12 the residency, minimum grade point average, or enrollment 13 requirement established by this Section, his or her 14 membership on the Board shall be deemed to have terminated by 15 operation of law. If any member of the Board appointed by 16 the Governor fails to continue to meet or maintain the 17 residency requirement established by this Section, he or she 18 shall resign membership on the Board within 30 days 19 thereafter and, failing submission of this resignation, his 20 or her membership on the Board shall be deemed to have 21 terminated by operation of law. Of the members first 22 appointed by the Governor, 4 shall be appointed for terms to 23 expire on the third Monday in January, 1999 and until their 24 successors are appointed and qualified, and 3 shall be 25 appointed for terms to expire on the third Monday in January, 26 2001 and until their successors are appointed and qualified. 27 The 2 additional members appointed by the Governor, by and 28 with the advice and consent of the Senate, under this 29 amendatory Act of the 91st General Assembly, shall not be 30 from the same political party and shall be appointed for 31 terms to expire on the third Monday in January, 2003 and 32 until their successors are appointed and qualified. Any 33 vacancy in membership existing on January 1, 1999 shall be 34 filled by appointment by the Governor, with the advice and HB0708 Engrossed -461- LRB9203186EGfg 1 consent of the Senate, for a term to expire on the third 2 Monday in January, 2003. If the Senate is not in session on 3 the effective date of this Article, or if a vacancy in an 4 appointive membership occurs at a time when the Senate is not 5 in session, the Governor shall make temporary appointments to 6 fill the vacancy. Members with these temporary appointments 7 shall be deemed qualified to serve upon appointment and shall 8 continue to serve until the next meeting of the Senate when 9 the Governor shall appoint persons to fill such memberships, 10 by and with the advice and consent of the Senate, for the 11 remainder of their respective terms. No more than 5 of the 12 members appointed by the Governor shall be affiliated with 13 the same political party. Each member appointed by the 14 Governor must be a resident of this State. A failure to meet 15 or maintain this residency requirement constitutes a 16 resignation from and creates a vacancy in the Board. Upon 17 the expiration of the terms of members appointed by the 18 Governor for other than temporary appointments, their 19 respective successors shall be appointed, by and with the 20 advice and consent of the Senate, for terms of 6 years from 21 the third Monday in January of each odd-numbered year. Any 22 members appointed to the Board shall continue to serve in 23 such capacity until their successors are appointed and 24 qualified. 25 (Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99; 26 91-565, eff. 8-14-99; 91-778, eff. 1-1-01; 91-798, eff. 27 7-9-00; revised 6-29-00.) 28 (110 ILCS 680/25-25) 29 Sec. 25-25. Officers; meetings. Members of the Board 30 appointed by the Governor shall elect by secret ballot from 31 their own number a chairperson, who shall serve for a period 32 of 2 years from his or her election and who shall preside 33 over meetings of the Board, a secretary, and other officers HB0708 Engrossed -462- LRB9203186EGfg 1 that the Board deems necessary. The secretary and other 2 officers shall also serve for a period of 2 years from their 3 election. 4 Meetings of the Board shall be held at least once each 5 quarter on the campus of Northeastern Illinois University at 6 Chicago, Illinois. At all regular meetings of the Board, a 7 majority of its members shall constitute a quorum. The 8 student member shall have all of the privileges of 9 membership, including the right to make and second motions, 10 to attend executive sessions, and to vote on all Board 11 matters except those involving faculty tenure, faculty 12 promotion or any issue on which the student member has a 13 direct conflict of interest. No action of the Board shall be 14 invalidated by reason of any vacancies on the Board or by 15 reason of any failure to select a student member. 16 Special meetings of the Board may be called by the 17 chairperson of the Board or by any 4 members of the Board. 18 At each regular and special meeting that is open to the 19 public, members of the public and employees of the University 20 shall be afforded time, subject to reasonable constraints, to 21 make comments to or ask questions of the Board. 22 (Source: P.A. 90-630, eff. 7-24-98; 91-565, eff. 8-14-99; 23 91-715, eff. 1-1-01; 91-778, eff. 1-1-01; revised 6-23-00.) 24 Section 50.8. The Northern Illinois University Law is 25 amended by changing Sections 30-15 and 30-25 as follows: 26 (110 ILCS 685/30-15) 27 Sec. 30-15. Membership; terms; vacancies. The Board 28 shall consist of 7 voting members appointed by the Governor, 29 by and with the advice and consent of the Senate, and one 30 voting member who is a student at Northern Illinois 31 University. The student member shall be chosen by a 32 campus-wide student election. The student member shall serve HB0708 Engrossed -463- LRB9203186EGfg 1 a term of one year beginning on July 1 of each year, except 2 that the student member initially selected shall serve a term 3 beginning on the date of his or her selection and expiring on 4 the next succeeding June 30. To be eligible to remain as a 5 student member of the Board, the student member must be a 6 resident of this State, must have and maintain a grade point 7 average that is equivalent to at least 2.5 on a 4.0 scale, 8 and must be a full time student enrolled at all times during 9 his or her term of office except for that part of the term 10 which follows the completion of the last full regular 11 semester of an academic year and precedes the first full 12 regular semester of the succeeding academic year at the 13 university (sometimes commonly referred to as the summer 14 session or summer school). If a student member serving on 15 the Board fails to continue to meet or maintain the 16 residency, minimum grade point average, or enrollment 17 requirement established by this Section, his or her 18 membership on the Board shall be deemed to have terminated by 19 operation of law. Of the members first appointed by the 20 Governor, 4 shall be appointed for terms to expire on the 21 third Monday in January, 1999, and 3 shall be appointed for 22 terms to expire on the third Monday in January, 2001. If the 23 Senate is not in session on the effective date of this 24 Article, or if a vacancy in an appointive membership occurs 25 at a time when the Senate is not in session, the Governor 26 shall make temporary appointments until the next meeting of 27 the Senate when he shall nominate persons to fill such 28 memberships for the remainder of their respective terms. No 29 more than 4 of the members appointed by the Governor shall be 30 affiliated with the same political party. Each member 31 appointed by the Governor must be a resident of this State. 32 A failure to meet or maintain this residency requirement 33 constitutes a resignation from and creates a vacancy in the 34 Board. Upon the expiration of the terms of members appointed HB0708 Engrossed -464- LRB9203186EGfg 1 by the Governor, their respective successors shall be 2 appointed for terms of 6 years from the third Monday in 3 January of each odd-numbered year. Any members appointed to 4 the Board shall continue to serve in such capacity until 5 their successors are appointed and qualified. 6 (Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99; 7 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; revised 6-29-00.) 8 (110 ILCS 685/30-25) 9 Sec. 30-25. Officers; meetings. Members of the Board 10 shall elect annually by secret ballot from their own number a 11 chairman who shall preside over meetings of the Board and a 12 secretary. 13 Meetings of the Board shall be held at least once each 14 quarter on the campus of Northern Illinois University at 15 Dekalb, Illinois or on any other University-owned property 16 located in the State. At all regular meetings of the Board, 17 a majority of its members shall constitute a quorum. The 18 student member shall have all of the privileges of 19 membership, including the right to make and second motions, 20 to attend executive sessions, and to vote on all Board 21 matters except those involving faculty tenure, faculty 22 promotion or any issue on which the student member has a 23 direct conflict of interest. Unless the student member is 24 entitled to vote on a measure at a meeting of the Board or 25 any of its committees, he or she shall not be considered a 26 member for the purpose of determining whether a quorum is 27 present at the time that measure is voted upon. No action of 28 the Board shall be invalidated by reason of any vacancies on 29 the Board or by reason of any failure to select a student 30 member. 31 Special meetings of the Board may be called by the 32 chairman of the Board or by any 3 members of the Board. 33 At each regular and special meeting that is open to the HB0708 Engrossed -465- LRB9203186EGfg 1 public, members of the public and employees of the University 2 shall be afforded time, subject to reasonable constraints, to 3 make comments to or ask questions of the Board. 4 (Source: P.A. 90-630, eff. 7-24-98; 91-715, eff. 1-1-01; 5 91-778, eff. 1-1-01; revised 6-23-00.) 6 Section 50.9. The Western Illinois University Law is 7 amended by changing Sections 35-15 and 35-25 as follows: 8 (110 ILCS 690/35-15) 9 Sec. 35-15. Membership; terms; vacancies. The Board 10 shall consist of 7 voting members appointed by the Governor, 11 by and with the advice and consent of the Senate, and one 12 voting member who is a student at Western Illinois 13 University. The student member shall be chosen by a 14 campus-wide student election. The student member shall serve 15 a term of one year beginning on July 1 of each year, except 16 that the student member initially selected shall serve a term 17 beginning on the date of his or her selection and expiring on 18 the next succeeding June 30. To be eligible to remain as a 19 student member of the Board, the student member must be a 20 resident of this State, must have and maintain a grade point 21 average that is equivalent to at least 2.5 on a 4.0 scale, 22 and must be a full time student enrolled at all times during 23 his or her term of office except for that part of the term 24 which follows the completion of the last full regular 25 semester of an academic year and precedes the first full 26 regular semester of the succeeding academic year at the 27 university (sometimes commonly referred to as the summer 28 session or summer school). If a student member serving on 29 the Board fails to continue to meet or maintain the 30 residency, minimum grade point average, or enrollment 31 requirement established by this Section, his or her 32 membership on the Board shall be deemed to have terminated by HB0708 Engrossed -466- LRB9203186EGfg 1 operation of law. Of the members first appointed by the 2 Governor, 4 shall be appointed for terms to expire on the 3 third Monday in January, 1999, and 3 shall be appointed for 4 terms to expire on the third Monday in January, 2001. If the 5 Senate is not in session on the effective date of this 6 Article, or if a vacancy in an appointive membership occurs 7 at a time when the Senate is not in session, the Governor 8 shall make temporary appointments until the next meeting of 9 the Senate when he shall nominate persons to fill such 10 memberships for the remainder of their respective terms. No 11 more than 4 of the members appointed by the Governor shall be 12 affiliated with the same political party. Each member 13 appointed by the Governor must be a resident of this State. 14 A failure to meet or maintain this residency requirement 15 constitutes a resignation from and creates a vacancy in the 16 Board. Upon the expiration of the terms of members appointed 17 by the Governor, their respective successors shall be 18 appointed for terms of 6 years from the third Monday in 19 January of each odd-numbered year. Any members appointed to 20 the Board shall continue to serve in such capacity until 21 their successors are appointed and qualified. 22 (Source: P.A. 90-630, eff. 7-24-98; 90-814, eff. 2-4-99; 23 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; revised 6-29-00.) 24 (110 ILCS 690/35-25) 25 Sec. 35-25. Officers; meetings. Members of the Board 26 shall elect annually by secret ballot from their own number a 27 chairman who shall preside over meetings of the Board and a 28 secretary. 29 Meetings of the Board shall be held at least once each 30 quarter on the campus of Western Illinois University at 31 Macomb, Illinois. At all regular meetings of the Board, a 32 majority of its members shall constitute a quorum. The 33 student member shall have all of the privileges of HB0708 Engrossed -467- LRB9203186EGfg 1 membership, including the right to make and second motions, 2 to attend executive sessions, and to vote on all Board 3 matters except those involving faculty tenure, faculty 4 promotion or any issue on which the student member has a 5 direct conflict of interest. Unless the student member is 6 entitled to vote on a measure at a meeting of the Board or 7 any of its committees, he or she shall not be considered a 8 member for the purpose of determining whether a quorum is 9 present at the time that measure is voted upon. No action of 10 the Board shall be invalidated by reason of any vacancies on 11 the Board or by reason of any failure to select a student 12 member. 13 Special meetings of the Board may be called by the 14 chairman of the Board or by any 3 members of the Board. 15 At each regular and special meeting that is open to the 16 public, members of the public and employees of the University 17 shall be afforded time, subject to reasonable constraints, to 18 make comments to or ask questions of the Board. 19 (Source: P.A. 90-630, eff. 7-24-98; 91-715, eff. 1-1-01; 20 91-778, eff. 1-1-01; revised 6-23-00.) 21 Section 51. The Public Community College Act is amended 22 by setting forth and renumbering multiple versions of Section 23 2-16.04 as follows: 24 (110 ILCS 805/2-16.04) 25 Sec. 2-16.04. Video Conferencing User Fund. The Video 26 Conferencing User Fund is created as a special fund in the 27 State treasury. The State Board may charge a fee to other 28 State agencies and non-State entities for the use of the 29 State Board's video conferencing facilities. This fee shall 30 be deposited into the Video Conferencing User Fund. All 31 money in the Video Conferencing User Fund shall be used, 32 subject to appropriation, by the State Board to pay for HB0708 Engrossed -468- LRB9203186EGfg 1 telecommunications charges as billed by the Department of 2 Central Management Services and upgrades to the system as 3 needed. 4 (Source: P.A. 91-44, eff. 7-1-99.) 5 (110 ILCS 805/2-16.05) 6 Sec. 2-16.05.2-16.04.The Academic Improvement Trust 7 Fund for Community College Foundations. 8 (a) The Academic Improvement Trust Fund for Community 9 College Foundations is created in the State treasury. All 10 moneys transferred, credited, deposited, or otherwise paid to 11 the Fund as provided in this Section shall be promptly 12 invested by the State Treasurer in accordance with law, and 13 all interest and other earnings accruing or received thereon 14 shall be credited and paid to the Fund. No moneys, interest, 15 or earnings transferred, credited, deposited, or otherwise 16 paid to the Academic Improvement Trust Fund for Community 17 College Foundations shall be transferred or allocated by the 18 Comptroller or Treasurer to any other fund, nor shall the 19 Governor authorize any such transfer or allocation, nor shall 20 any moneys, interest, or earnings transferred, credited, 21 deposited, or otherwise paid to the Fund be used, temporarily 22 or otherwise, for interfund borrowing, or be otherwise used 23 or appropriated, except to encourage private support in 24 enhancing community college foundations by providing 25 community college foundations with the opportunity to receive 26 and match challenge grants as provided in this Section. 27 (b) On the first day of fiscal year 2000 and each fiscal 28 year thereafter, or as soon thereafter as may be practicable, 29 the Comptroller shall order the transfer and the Treasurer 30 shall transfer from the General Revenue Fund to the Academic 31 Improvement Trust Fund for Community College Foundations the 32 amount of the fiscal year appropriation made to the State 33 Board for making challenge grants to community college HB0708 Engrossed -469- LRB9203186EGfg 1 foundations as provided in this Section. 2 (c) For each fiscal year in which an appropriation and 3 transfer are made as provided in subsection (b), moneys 4 sufficient to provide each community college foundation with 5 the opportunity to match at least one $25,000 challenge grant 6 shall be reserved from moneys in the Academic Improvement 7 Trust Fund for Community College Foundations, and the balance 8 of the moneys in the Fund shall be available for matching by 9 any community college foundation. Moneys in the Academic 10 Improvement Trust Fund for Community College Foundations that 11 remain unmatched by contribution or pledge on April 1 of the 12 fiscal year in which an appropriation and transfer are made 13 as provided in subsection (b) shall also be available for 14 matching by any community college foundation, along with any 15 interest or earnings accruing to the unmatched portion of the 16 Fund. If for any fiscal year in which an appropriation and 17 transfer are made as provided in subsection (b) there are not 18 sufficient moneys which may be reserved in the Academic 19 Improvement Trust Fund for Community College Foundations to 20 provide each community college foundation with the 21 opportunity to match at least one $25,000 challenge grant, 22 the amount of the challenge grant that each community college 23 foundation shall have the opportunity to match for the fiscal 24 year shall be reduced from $25,000 to an amount equal to the 25 result obtained when the total of all moneys, interest, and 26 earnings in the Fund immediately following the appropriation 27 and transfer made for the fiscal year is divided by the 28 number of community college foundations then existing in this 29 State. The State Board shall promulgate rules prescribing 30 the form and content of applications made by community 31 college foundations for challenge grants under this Section. 32 These rules shall provide all community college foundations 33 with an opportunity to apply for challenge grants to be 34 awarded from any moneys in the Academic Improvement Trust HB0708 Engrossed -470- LRB9203186EGfg 1 Fund for Community College Foundations in excess of the 2 moneys required to be reserved in the Fund for the purpose of 3 providing each community college foundation with the 4 opportunity to match at least one $25,000 challenge grant; 5 and the opportunity to apply for challenge grants to be 6 awarded from the excess moneys shall be afforded to all 7 community college foundations prior to awarding any challenge 8 grants from the excess moneys. No community college 9 foundation shall receive more than $100,000 in challenge 10 grants awarded from the excess moneys. 11 (d) Challenge grants shall be proportionately allocated 12 from the Academic Improvement Trust Fund for Community 13 College Foundations on the basis of matching each $2 of State 14 funds with $3 of local funds. The matching funds shall come 15 from contributions made after July 1, 1999, which are pledged 16 for the purpose of matching challenge grants. To be 17 eligible, a minimum of $10,000 must be raised from private 18 sources, and the contributions must be in excess of the total 19 average annual cash contributions made to the foundation at 20 each community college district in the 3 fiscal years before 21 July 1, 1999. 22 (e) Funds sufficient to provide the match shall be paid, 23 subject to appropriation, from the Academic Improvement Trust 24 Fund for Community College Foundations to the community 25 college foundation in increments of $5,000, after the initial 26 $10,000 is matched and released, and upon certification to 27 the Comptroller by the State Board that a proportionate 28 amount has been received and deposited by the community 29 college foundation in its own trust fund. However, no 30 community college foundation may receive more than $100,000, 31 above the original allocation, from the Academic Improvement 32 Trust Fund for Community College Foundations in any fiscal 33 year. 34 (f) The State Board shall certify, prepare, and submit HB0708 Engrossed -471- LRB9203186EGfg 1 to the Comptroller vouchers setting forth the amount of each 2 challenge grant from time to time to be proportionately 3 allocated in accordance with this Section from the Academic 4 Improvement Trust Fund for Community College Foundations to 5 the community college foundation entitled to receive the 6 challenge grant, and the Comptroller shall cause his or her 7 warrants to be drawn for the respective amounts due, payable 8 from the Fund to the foundation. 9 (g) The board of each community college foundation shall 10 establish an academic improvement trust fund as a depository 11 for the private contributions and challenge grants allocated 12 to any such community college foundation from the Academic 13 Improvement Trust Fund for Community College Foundations. 14 Each community college foundation is responsible for the 15 maintenance, investment, and administration of its academic 16 improvement trust fund. 17 (h) The board of the community college foundation is 18 responsible for determining the uses for the proceeds of the 19 academic improvement trust fund established. Such uses may 20 include: 21 (1) scientific and technical equipment; 22 (2) professional development and training for 23 faculty; and 24 (3) student scholarships and other activities 25 appropriate to improving the quality of education at the 26 community college. 27 (i) The State Board may promulgate such additional rules 28 as are required to provide for the efficient operation and 29 administration of the challenge grant program established by 30 this Section. 31 (Source: P.A. 91-664, eff. 12-22-99; revised 1-12-00.) 32 Section 51.5. The Family Practice Residency Act is 33 amended by changing Section 4.10 as follows: HB0708 Engrossed -472- LRB9203186EGfg 1 (110 ILCS 935/4.10) (from Ch. 144, par. 1454.10) 2 Sec. 4.10. To establish a program, and the criteria for 3 such program, for the repayment of the educational loans of 4 primary care physicians who agree to serve in Designated 5 Shortage Areas for a specified period of time, no less than 2 6 years. Payments under this program may be made for the 7 principalprinciple, interest and related expenses of 8 government and commercial loans received by the individual 9 for tuition expenses, and all other reasonable educational 10 expenses incurred by the individual. The maximum annual 11 payment which may be made to an individual under this law is 12 $20,000, or 25%25 percentof the total covered educational 13 indebtedness as provided in this Section, whichever is less. 14 Payments made under this provision shall be exempt from 15 Illinois State Income Tax. 16 (Source: P.A. 86-926; revised 9-22-00.) 17 Section 52.5. The Currency Exchange Act is amended by 18 changing Section 4.2 as follows: 19 (205 ILCS 405/4.2) (from Ch. 17, par. 4810) 20 Sec. 4.2. Whensoever the ownership of any Currency 21 Exchange, theretofore licensed under the provisions of this 22 Act, shall be held or contained in any estate subject to the 23 control and supervision of any Administrator, Executor or 24 Guardian appointed, approved or qualified by any Court of the 25 State of Illinois, having jurisdiction so to do, such 26 Administrator, Executor or Guardian may, upon the entry of an 27 order by such Court granting leave to continue the operation 28 of such Currency Exchange, apply to the Director of Financial 29 Institutions for a license under the provisions of this Act. 30 When any such Administrator, Executor or Guardian shall apply 31 for a Currency Exchange License pursuant to the provisions of 32 this Section, and shall otherwise fully comply with all of HB0708 Engrossed -473- LRB9203186EGfg 1 the provisions of this Act relating to the application for a 2 Currency Exchange license, the Director may issue to such 3 applicant a Currency Exchange license. Any Currency Exchange 4 license theretofore issued to a Currency Exchange, for which 5 an application for a license shall be sought under the 6 provisions of this Section, if not previously surrendered, 7 lapsed, or revoked, shall be surrendered, revoked or 8 otherwise terminated before a license shall be issued 9 pursuant to application made therefor under this Section. 10 (Source: P.A. 83-706; revised 7-21-00.) 11 Section 53. The Illinois Insurance Code is amended by 12 changing Sections 131.12a, 143.13, and 143.19 as follows: 13 (215 ILCS 5/131.12a) (from Ch. 73, par. 743.12a) 14 Sec. 131.12a. Acquisitions involving insurers not 15 otherwise covered. 16 (1) Definitions. The following definitions shall apply 17 for the purposes of this Section only: 18 (a) "Acquisition" means any agreement, arrangement or 19 activity the consummation of which results in a person 20 acquiring directly or indirectly the control of another 21 person or control of the insurance in force of another 22 person, and includes but is not limited to the acquisition of 23 voting securities, the acquisition of assets, the transaction 24 of bulk reinsurance and the act of merging or consolidating. 25 (b) An "involved insurer" includes an insurer which 26 either acquires or is acquired, is affiliated with an 27 acquirer or acquired or is the result of a merger. 28 (2) Scope. 29 (a) Except as exempted in paragraph (b) of this 30 subsection (2), this Section applies to any acquisition in 31 which there is a change in control of an insurer authorized 32 to do business in this State. HB0708 Engrossed -474- LRB9203186EGfg 1 (b) This Section shall not apply to the following: 2 (i) an acquisition subject to approval or 3 disapproval by the Director pursuant to Section 131.8; 4 (ii) a purchase of securities solely for investment 5 purposes so long as such securities are not used by 6 voting or otherwise to cause or attempt to cause the 7 substantial lessening of competition in any insurance 8 market in this State. If a purchase of securities 9 results in a presumption of control under subsection (b) 10 of Section 131.1, it is not solely for investment 11 purposes unless the commissioner of the insurer's state 12 of domicile accepts a disclaimer of control or 13 affirmatively finds that control does not exist and such 14 disclaimer action or affirmative finding is communicated 15 by the domiciliary commissioner to the Director of this 16 State; 17 (iii) the acquisition of a person by another person 18 when both persons are neither directly nor through 19 affiliates primarily engaged in the business of 20 insurance, if pre-acquisition notification is filed with 21 the Director in accordance with subsection (3)(a) of this 22 Section, 30 days prior to the proposed effective date of 23 the acquisition. However, such pre-acquisition 24 notification is not required for exclusion from this 25 Section if the acquisition would otherwise be excluded 26 from this Section by any other subparagraph of subsection 27 (2)(b);.28 (iv) the acquisition of already affiliated persons; 29 (v) an acquisition if, as an immediate result of 30 the acquisition, 31 (A) in no market would the combined market 32 share of the involved insurers exceed 5% of the 33 total market, 34 (B) there would be no increase in any market HB0708 Engrossed -475- LRB9203186EGfg 1 share, or 2 (C) in no market would the combined market 3 share of the involved insurers exceed 12% of the 4 total market, and the market share increase by more 5 than 2% of the total market. 6 For the purpose of this subparagraph (b)(v), 7 "market" means direct written insurance premium in this 8 State for a line of business as contained in the annual 9 statement required to be filed by insurers licensed to do 10 business in this State; 11 (vi) an acquisition for which a pre-acquisition 12 notification would be required pursuant to this Section 13 due solely to the resulting effect on the ocean marine 14 insurance line of business; 15 (vii) an acquisition of an insurer whose 16 domiciliary commissioner affirmatively finds that such 17 insurer is in failing condition; there is a lack of 18 feasible alternative to improving such condition; the 19 public benefits of improving such insurer's condition 20 through the acquisition exceed the public benefits that 21 would arise from not lessening competition; and such 22 findings are communicated by the domiciliary commissioner 23 to the Director of this State. 24 (3) Pre-acquisition Notification;,Waiting Period. An 25 acquisition covered by subsection (2) may be subject to an 26 order pursuant to subsection (5) unless the acquiring person 27 files a pre-acquisition notification and the waiting period 28 has expired. The acquired person may file a pre-acquisition 29 notification. The Director shall give confidential treatment 30 to information submitted under this subsection in the same 31 manner as provided in Section 131.22 of this Article. 32 (a) The pre-acquisition notification shall be in such 33 form and contain such information as prescribed by the 34 Director, which shall conform substantially to the form of HB0708 Engrossed -476- LRB9203186EGfg 1 notification adopted by the National Association of Insurance 2 Commissioners relating to those markets which, under 3 subsection (b)(v) of Section (2), cause the acquisition not 4 to be exempted from the provisions of this Section. The 5 Director may require such additional material and information 6 as he deems necessary to determine whether the proposed 7 acquisition, if consummated, would violate the competitive 8 standard of subsection (4). The required information may 9 include an opinion of an economist as to the competitive 10 impact of the acquisition in this State accompanied by a 11 summary of the education and experience of such person 12 indicating his or her ability to render an informed opinion. 13 (b) The waiting period required shall begin on the date 14 of the receipt by the Director of a pre-acquisition 15 notification and shall end on the earlier of the 30th day 16 after the date of such receipt, or termination of the waiting 17 period by the Director. Prior to the end of the waiting 18 period, the Director on a one time basis may require the 19 submission of additional needed information relevant to the 20 proposed acquisition, in which event the waiting period shall 21 end on the earlier of the 30th day after the receipt of such 22 additional information by the Director or termination of the 23 waiting period by the Director. 24 (4) Competitive Standard. 25 (a) The Director may enter an order under subsection 26 (5)(a) with respect to an acquisition if there is substantial 27 evidence that the effect of the acquisition may be 28 substantially to lessen competition in any line of insurance 29 in this State or tend to create a monopoly therein or if the 30 insurer fails to file adequate information in compliance with 31 subsection (3). 32 (b) In determining whether a proposed acquisition would 33 violate the competitive standard of paragraph (a)(1)of this 34 subsection the Director shall consider the following: HB0708 Engrossed -477- LRB9203186EGfg 1 (i) any acquisition covered under subsection (2) 2 involving 2 or more insurers competing in the same market 3 is prima facie evidence of violation of the competitive 4 standards:.5 (A) if the market is highly concentrated and 6 the involved insurers possess the following shares 7sharersof the market: 8 Insurer A Insurer B 9 4% 4% or more 10 10% 2% or more 11 15% 1% or more 12 (B)or,if the market is not highly 13 concentrated and the involved insurers possess the 14 following shares of the market: 15 Insurer A Insurer B 16 5% 5% or more 17 10% 4% or more 18 15% 3% or more 19 19% 1% or more 20 A highly concentrated market is one in which the 21 share of the 4 largest insurers is 75% or more of the 22 market. Percentages not shown in the tables are to be 23 interpolated proportionately to the percentages that are 24 shown. If more than 2 insurers are involved, exceeding 25 the total of the 2 columns in the table is prima facie 26 evidence of violation of the competitive standard in 27 paragraph (a) of this subsection. For the purpose of 28 this subparagraph, the insurer with the largest share of 29 the market shall be deemed to be Insurer A. 30 (ii) There is a significant trend toward increased 31 concentration when the aggregate market share of any 32 grouping of the largest insurers in the market from the 2 33 largest to the 8 largest has increased by 7% or more of 34 the market over a period of time extending from any base HB0708 Engrossed -478- LRB9203186EGfg 1 year 5-10 years prior to the acquisition up to the time 2 of the acquisition. Any acquisition covered under 3 subsection (2) involving 2 or more insurers competing in 4 the same market is prima facie evidence of violation of 5 the competitive standard in paragraph (a) of this 6 subsection if: 7 (A) there is a significant trend toward 8 increased concentration in the market, 9 (B) one of the insurers involved is one of the 10 insurers in a grouping of such large insurers 11 showing the requisite increase in the market share, 12 and 13 (C) another involved insurer's market is 2% or 14 more. 15 (iii) For the purpose of subsection (4)(b): 16 (A) The term "insurer" includes any company or 17 group of companies under common management, 18 ownership or control. 19 (B) The term "market" means the relevant 20 product and geographic markets. In determining the 21 relevant product and geographical markets, the 22 Director shall give due consideration to, among 23 other things, the definitions or guidelines, if any, 24 promulgated by the National Association of Insurance 25 Commissioners and to information, if any, submitted 26 by parties to the acquisition. In the absence of 27 sufficient information to the contrary, the relevant 28 product market is assumed to be the direct written 29 insurance premium for a line of business with such 30 line being that used in the annual statement 31 required to be filed by insurers doing business in 32 this State and the relevant geographical market is 33 assumed to be this State. 34 (C) The burden of showing prima facie evidence HB0708 Engrossed -479- LRB9203186EGfg 1 of violation of the competitive standard rests upon 2 the Director. 3 (iv) Even though an acquisition is not prima facie 4 violative of the competitive standard under subparagraph 5 (b)(i) and (b)(ii) of this subsection the Director may 6 establish the requisite anticompetitive effect based upon 7 other substantial evidence. Even though an acquisition 8 is prima facie violative of the competitive standard 9 under subparagraphs (b)(i) and (b)(ii) of this subsection 10 (4), a party may establish the absence of the requisite 11 anticompetitive effect based upon other substantial 12 evidence. Relevant factors in making a determination 13 under this paragraph include, but are not limited to, the 14 following: market shares, volatility of ranking of 15 market leaders, number of competitors, concentration, 16 trend of concentration in the industry, and ease of entry 17 and exit into the market. 18 (c) An order may not be entered under subsection (5)(a) 19 if: 20 (i) the acquisition will yield substantial 21 economies of scale or economies in resource utilization 22 that cannot be feasibly achieved in any other way, and 23 the public benefits which would arise from such economies 24 exceed the public benefits which would arise from not 25 lessening competition; or 26 (ii) the acquisition will substantially increase 27 the availability of insurance, and the public benefits of 28 such increase exceed the public benefits which would 29 arise from not lessening competition. 30 (5) Orders and Penalties: 31 (a)(i) If an acquisition violates the standard of 32 this Section, the Director may enter an order 33 (A) requiring an involved insurer to cease and 34 desist from doing business in this State with HB0708 Engrossed -480- LRB9203186EGfg 1 respect to the line or lines of insurance involved 2 in the violation, or 3 (B) denying the application of an acquired or 4 acquiring insurer for a license to do business in 5 this State. 6 (ii) Such an order shall not be entered unless 7 there is a hearing, notice of such hearing is issued 8 prior to the end of the waiting period and not less than 9 15 days prior to the end of the waiting period and not 10 less than 15 days prior to the hearing, and the hearing 11 is concluded and the order is issued no later than 60 12 days after the end of the waiting period. Every order 13 shall be accompanied by a written decision of the 14 Director setting forth his findings of fact and 15 conclusions of law. 16 (iii) An order entered under this paragraph shall 17 not become final earlier than 30 days after it is issued, 18 during which time the involved insurer may submit a plan 19 to remedy the anticompetitive impact of the acquisition 20 within a reasonable time. Based upon such plan or other 21 information, the Director shall specify, if any, the 22 conditions under and the time period during which the 23 aspects of the acquisition causing a violation of the 24 standards of this Section would be remedied and the order 25 vacated or modified. 26 (iv) An order pursuant to this paragraph shall not 27 apply if the acquisition is not consummated. 28 (b) Any person who violates a cease and desist order of 29 the Director under paragraph (a) and while such order is in 30 effect may after notice and hearing and upon order of the 31 Director be subject at the discretion of the Director to any 32 one or more of the following: 33 (i) a monetary penalty of not more than $10,000 for 34 every day of violation or HB0708 Engrossed -481- LRB9203186EGfg 1 (ii) suspension or revocation of such person's 2 license or both. 3 (c) Any insurer or other person who fails to make any 4 filing required by this Section and who also fails to 5 demonstrate a good faith effort to comply with any such 6 filing requirement shall be subject to a civil penalty of not 7 more than $50,000. 8 (6) Inapplicable Provisions. Subsections (2) and (3) of 9 Section 131.23 and Section 131.25 do not apply to 10 acquisitions covered under subsection (2). 11 (Source: P.A. 83-749; revised 4-4-00.) 12 (215 ILCS 5/143.13) (from Ch. 73, par. 755.13) 13 Sec. 143.13. Definition of terms used in Sections 143.11 14 through 143.24. 15 (a) "Policy of automobile insurance" means a policy 16 delivered or issued for delivery in this State, insuring a 17 natural person as named insured or one or more related 18 individuals resident of the same household and under which 19 the insured vehicles therein designated are motor vehicles of 20 the private passenger, station wagon, or any other 4-wheeled 21 motor vehicle with a load capacity of 1500 pounds or less 22 which is not used in the occupation, profession or business 23 of the insured or not used as a public or livery conveyance 24 for passengers nor rented to others. Policy of automobile 25 insurance shall also mean a named non-owner's automobile 26 policy. 27 Policy of automobile insurance does not apply to policies 28 of automobile insurance issued under the Illinois Automobile 29 Insurance Plan, to any policy covering garages, automobile 30 sales agencies, repair shops, service stations or public 31 parking place operation hazards. "Policy of automobile 32 insurance" does not include a policy, binder, or application 33 for which the applicant gives or has given for the initial HB0708 Engrossed -482- LRB9203186EGfg 1 premium a check or credit card charge that is subsequently 2 dishonored for payment, unless the check or credit card 3 charge was dishonored through no fault of the payor. 4 (b) "Policy of fire and extended coverage insurance" 5 means a policy delivered or issued for delivery in this 6 State, that includes but is not limited to, the perils of 7 fire and extended coverage, and covers real property used 8 principally for residential purposes up to and including a 4 9 family dwelling or any household or personal property that is 10 usual or incidental to the occupancy to any premises used for 11 residential purposes. 12 (c) "All other policies of personal lines" means any 13 other policy of insurance issued to a natural person for 14 personal or family protection. 15 (d) "Renewal" or "to renew" means (1) any change to an 16 entire line of business in accordance with subsection b-5 of 17 Section 143.17 and (2) the issuance and delivery by an 18 insurer of a policy superseding at the end of the policy 19 period a policy previously issued and delivered by the same 20 insurer or the issuance and delivery of a certificate or 21 notice extending the term of a policy beyond its policy 22 period or term; however, any successive policies issued by 23 the same insurer to the same insured, for the same or similar 24 coverage, shall be considered a renewal policy. 25 Any policy with a policy period or term of less than 6 26 months or any policy with no fixed expiration date shall be 27 considered as if written for successive policy periods or 28 terms of 6 months for the purpose of "renewal" or "to renew" 29 as defined in this paragraph (d) and for the purpose of any 30 non-renewal notice required by Section 143.17 of this Code. 31 (e) "Nonpayment of premium" means failure of the named 32 insured to discharge, when due, any of his obligations in 33 connection with the payment of premiums or any installment of 34 such premium that is payable directly to the insurer or to HB0708 Engrossed -483- LRB9203186EGfg 1 its agent. Premium shall mean the premium that is due for an 2 individual policy which shall not include any membership dues 3 or other consideration required to be a member of any 4 organization in order to be eligible for such policy. The 5 term "nonpayment of premium" does not include a check, credit 6 card charge, or money order that an applicant gives or has 7 given to any person for the initial premium payment for a 8 policy, binder, or application and that is subsequently 9 dishonored for payment, and any policy, binder, or 10 application in connection therewith is void and of no effect 11 and not subject to the cancellation provisions of this Code. 12 (f) "A policy delivered or issued for delivery in this 13 State" shall include but not be limited to all binders of 14 insurance, whether written or oral, and all applications 15 bound for future delivery by a duly licensed resident agent. 16 A written binder of insurance issued for a term of 60 days or 17 less, which contains on its face a specific inception and 18 expiration date and which a copy has been furnished to the 19 insured, shall not be subject to the non-renewal requirements 20 of Section 143.17 of this Code. 21 (g) "Cancellation" or "cancelled" means the termination 22 of a policy by an insurer prior to the expiration date of the 23 policy. A policy of automobile or fire and extended coverage 24 insurance which expires by its own terms on the policy 25 expiration date unless advance premiums are received by the 26 insurer for succeeding policy periods shall not be considered 27 "cancelled" or a "cancellation" effected by the insurer in 28 the event such premiums are not paid on or before the policy 29 expiration date. 30 (h) "Commercial excess and umbrella liability policy" 31 means a policy written over one or more underlying policies 32 for an insured: 33 (1) that has at least 25 full-time employees at the 34 time the commercial excess and umbrella liability policy HB0708 Engrossed -484- LRB9203186EGfg 1 is written and procures the insurance of any risk or 2 risks, other than life, accident and health, and annuity 3 contracts, as described in clauses (a) and (b) of Class 1 4 of Section 4 and clause (a) of Class 2 of Section 4, by 5 use of the services of a full-time employee acting as an 6 insurance manager or buyer; or 7 (2) whose aggregate annual premiums for all 8 property and casualty insurance on all risks is at least 9 $50,000. 10 (Source: P.A. 91-552, eff. 8-14-99; 91-597, eff. 1-1-00; 11 revised 10-25-99.) 12 (215 ILCS 5/143.19) (from Ch. 73, par. 755.19) 13 Sec. 143.19. Cancellation of Automobile Insurance Policy 14 - Grounds. After a policy of automobile insurance as defined 15 in Section 143.13(a) has been effective for 60 days, or if 16 such policy is a renewal policy, the insurer shall not 17 exercise its option to cancel such policy except for one or 18 more of the following reasons: 19 a. Nonpayment of premium; 20 b. The policy was obtained through a material 21 misrepresentation; 22 c. Any insured violated any of the terms and conditions 23 of the policy; 24 d. The named insured failed to disclose fully his motor 25 vehicle accidents and moving traffic violations for the 26 preceding 36 months if called for in the application; 27 e. Any insured made a false or fraudulent claim of 28 knowingly aided or abetted another in the presentation of 29 such a claim; 30 f. The named insured or any other operator who either 31 resides in the same household or customarily operates an 32 automobile insured under such policy: 33 1. has, within the 12 monthsmonthprior to the HB0708 Engrossed -485- LRB9203186EGfg 1 notice of cancellation, had his driver's license under 2 suspension or revocation; 3 2. is or becomes subject to epilepsy or heart 4 attacks, and such individual does not produce a 5 certificate from a physician testifying to his 6 unqualified ability to operate a motor vehicle safely; 7 3. has an accident record, conviction record 8 (criminal or traffic), physical, or mental condition 9 which is such that his operation of an automobile might 10 endanger the public safety; 11 4. has, within the 36 months prior to the notice of 12 cancellation, been addicted to the use of narcotics or 13 other drugs; or 14 5. has been convicted, or forfeited bail, during 15 the 36 months immediately preceding the notice of 16 cancellation, for any felony, criminal negligence 17 resulting in death, homicide or assault arising out of 18 the operation of a motor vehicle, operating a motor 19 vehicle while in an intoxicated condition or while under 20 the influence of drugs, being intoxicated while in, or 21 about, an automobile or while having custody of an 22 automobile, leaving the scene of an accident without 23 stopping to report, theft or unlawful taking of a motor 24 vehicle, making false statements in an application for an 25 operator's or chauffeur's license or has been convicted 26 or forfeited bail for 3 or more violations within the 12 27 months immediately preceding the notice of cancellation, 28 of any law, ordinance, or regulation limiting the speed 29 of motor vehicles or any of the provisions of the motor 30 vehicle laws of any state, violation of which constitutes 31 a misdemeanor, whether or not the violations were 32 repetitions of the same offense of different offenses;.33 g. The insured automobile is: 34 1. so mechanically defective that its operation HB0708 Engrossed -486- LRB9203186EGfg 1 might endanger public safety;.2 2. used in carrying passengers for hire or 3 compensation (the use of an automobile for a car pool 4 shall not be considered use of an automobile for hire or 5 compensation); 6 3. usedusein the business of transportation of 7 flammables or explosives; 8 4. an authorized emergency vehicle; 9 5. changed in shape or condition during the policy 10 period so as to increase the risk substantially; or 11 6. subject to an inspection law and has not been 12 inspected or, if inspected, has failed to qualify. 13 Nothing in this Section shall apply to nonrenewal. 14 (Source: P.A. 79-686; revised 8-4-00.) 15 Section 53.5. The Small Employer Health Insurance Rating 16 Act is amended by changing Section 15 as follows: 17 (215 ILCS 93/15) 18 Sec. 15. Applicability and scope.(a)This Act shall 19 apply to each health benefit plan for a small employer that 20 is delivered, issued for delivery, renewed, or continued in 21 this State after July 1, 2000. For purposes of this Section, 22 the date a plan is continued shall be the first rating period 23 which commences after July 1, 2000. The Act shall apply to 24 any such health benefit plan which provides coverage to 25 employees of a small employer, except that the Act shall not 26 apply to individual health insurance policies. 27 (Source: P.A. 91-510, eff. 1-1-00; revised 3-20-00.) 28 Section 54. The Children's Health Insurance Program Act 29 is amended by changing Section 22 as follows: 30 (215 ILCS 106/22) HB0708 Engrossed -487- LRB9203186EGfg 1 (Section scheduled to be repealed on July 1, 2002) 2 Sec. 22. Enrollment in program. The Department shall 3 develop procedures to allow community providers,andschools, 4 youth service agencies, employers, labor unions, local 5 chambers of commerce, and religious organizations to assist 6 in enrolling children in the Program. 7 (Source: P.A. 91-470, eff. 8-10-99; 91-471, eff. 8-10-99; 8 revised 6-23-00.) 9 Section 54.5. The Dental Care Patient Protection Act is 10 amended by changing Section 60 as follows: 11 (215 ILCS 109/60) 12 Sec. 60. Record of complaints. 13 (a) The Department shall maintain records concerning the 14 complaints filed against the plan with the Department. The 15 Department shall make a summary of all data collected 16 available upon request and publish the summary on the World 17 Wide Web. 18 (b) The Department shall maintain records on the number 19 of complaints filed against each plan. 20 (c) The Department shall maintain records classifying 21 each complaint by whether the complaint was filed by: 22 (1) a consumer or enrollee; 23 (2) a provider; or 24 (3) any other individual. 25 (d) (Blank). 26 (e) The Department shall maintain records classifying 27 each complaint according to the nature of the complaint as it 28 pertains to a specific function of the plan. The complaints 29 shall be classified under the following categories: 30 (1) denial of care or treatment; 31 (2) denial of a diagnostic procedure; 32 (3) denial of a referral request; HB0708 Engrossed -488- LRB9203186EGfg 1 (4) sufficient choice and accessibility of 2 dentists; 3 (5) underwriting; 4 (6) marketing and sales; 5 (7) claims and utilization review; 6 (8) member services; 7 (9) provider relations; and 8 (10) miscellaneous. 9 (f) The Department shall maintain records classifying 10 the disposition of each complaint. The disposition of the 11 complaint shall be classified in one of the following 12 categories: 13 (1) complaint referred to the plan and no further 14 action necessary by the Department; 15 (2) no corrective action deemed necessary by the 16 Department; or 17 (3) corrective action taken by the Department. 18 (g) No Department publication or release of information 19 shall identify any enrollee, dentist, or individual 20 complainant. 21 (Source: P.A. 91-355, eff. 1-1-00; revised 2-23-00.) 22 Section 55. The Health Maintenance Organization Act is 23 amended by changing Sections 1-3 and 2-7 as follows: 24 (215 ILCS 125/1-3) (from Ch. 111 1/2, par. 1402.1) 25 Sec. 1-3. Definitions of admitted assets. "Admitted 26 Assets" includes the investments authorized or permitted by 27 Section 3-1 of this Act and, in addition thereto, only the 28 following:Section29 (1) Amounts due from affiliates pursuant to 30 management contracts or service agreements which meet the 31 requirements of Section 141.1 of the Illinois Insurance 32 Code to the extent that the affiliate has liquid assets HB0708 Engrossed -489- LRB9203186EGfg 1 with which to pay the balance and maintain its accounts 2 on a current basis; provided that the aggregate amount 3 due from affiliates may not exceed the lesser of 10% of 4 the organization's admitted assets or 25% of the 5 organization's net worth as defined in Section 3-1. Any 6 amount outstanding more than 3 months shall be deemed not 7 current. For purpose of this subsection "affiliates" are 8 as defined in Article VIII 1/2 of the Illinois Insurance 9 Code. 10 (2) Amounts advanced to providers under contract to 11 the organization for services to be rendered to enrollees 12 pursuant to the contract. Amounts advanced must be for 13 period of not more than 3 months and must be based on 14 historical or estimated utilization patterns with the 15 provider and must be reconciled against actual incurred 16 claims at least semi-annually. Amounts due in the 17 aggregate may not exceed 50% of the organization's net 18 worth as defined in Section 3-1. Amounts due from a 19 single provider may not exceed the lesser of 5% of the 20 organization's admitted assets or 10% of the 21 organization's net worth. 22 (3) Amounts permitted under Section 2-7. 23 (Source: P.A. 91-357, eff. 7-29-99; 91-549, eff. 8-14-99; 24 revised 8-27-99.) 25 (215 ILCS 125/2-7) (from Ch. 111 1/2, par. 1407) 26 Sec. 2-7. Annual statement; audited financial reports. 27;;28 (a) A health maintenance organization shall file with 29 the Director by March 1st in each year 2 copies of its 30 financial statement for the year ending December 31st 31 immediately preceding on forms prescribed by the Director, 32 which shall conform substantially to the form of statement 33 adopted by the National Association of Insurance HB0708 Engrossed -490- LRB9203186EGfg 1 Commissioners. Unless the Director provides otherwise, the 2 annual statement is to be prepared in accordance with the 3 annual statement instructions and the Accounting Practices 4 and Procedures Manual adopted by the National Association of 5 Insurance Commissioners. The Director shall have power to 6 make such modifications and additions in this form as he may 7 deem desirable or necessary to ascertain the condition and 8 affairs of the organization. The Director shall have 9 authority to extend the time for filing any statement by any 10 organization for reasons which he considers good and 11 sufficient. The statement shall be verified by oaths of the 12 president and secretary of the organization or, in their 13 absence, by 2 other principal officers. In addition, any 14 organization may be required by the Director, when he 15 considers that action to be necessary and appropriate for the 16 protection of enrollees, creditors, shareholders, 17 subscribers, or claimants, to file, within 60 days after 18 mailing to the organization a notice that such is required, a 19 supplemental summary statement as of the last day of any 20 calendar month occurring during the 100 days next preceding 21 the mailing of such notice designated by him on forms 22 prescribed and furnished by the Director. The Director may 23 require supplemental summary statements to be certified by an 24 independent actuary deemed competent by the Director or by an 25 independent certified public accountant.filed26 (b) Audited financial reports shall be filed on or 27 before June 1 of each year for the two calendar years 28 immediately preceding and shall provide an opinion expressed 29 by an independent certified public accountant on the 30 accompanying financial statement of the Health Maintenance 31 Organization and a detailed reconciliation for any 32 differences between the accompanying financial statements and 33 each of the related financial statements filed in accordance 34 with subsection (a) of this Section. Any organization HB0708 Engrossed -491- LRB9203186EGfg 1 failing, without just cause, to file the annual audited 2 financial statement as required in this Act shall be 3 required, after the notice and hearing, to pay a penalty of 4 $100 for each day's delay, to be recovered by the Director of 5 Insurance of the State of Illinois and the penalty so 6 recovered shall be paid into the General Revenue Fund of the 7 State of Illinois. The Director may reduce the penalty if 8 the organization demonstrates to the Director that the 9 imposition of the penalty would constitute a financial 10 hardship to the organization. 11 (c) The Director may require that additional summary 12 financial information be filed no more often than 3 times per 13 year on reporting forms provided by him. However, he may 14 request certain key information on a more frequent basis if 15 necessary for a determination of the financial viability of 16 the organization. 17 (d) The Director shall have the authority to extend the 18 time for filing any statement by any organization for reasons 19 which the Director considers good and sufficient. 20 (Source: P.A. 91-357, eff. 7-29-99; 91-549, eff. 8-14-99; 21 revised 8-27-99.) 22 Section 57. The Service Contract Act is amended by 23 changing Section 10 as follows: 24 (215 ILCS 152/10) 25 Sec. 10. Exemptions. Service contract providers and 26 related service contract sellers and administrators complying 27 with this Act are not required to comply with and are not 28 subject to any provision of the Illinois Insurance Code. A 29 service contract provider who is the manufacturer or a 30 wholly-owned subsidiary of the manufacturer of the product or 31 the builder, seller, or lessor of the product that is the 32 subject of the service contract is required to comply only HB0708 Engrossed -492- LRB9203186EGfg 1 with Sections 30, 35, 45, and 50 of this Act; except that, a 2 service contract provider who sells a motor vehicle, 3 excluding a motorcycle as defined in Section 1-147 of the 4 Illinois Vehicle Code, or who leases, but is not the 5 manufacturer of, the motor vehicle, excluding a motorcycle as 6 defined in Section 1-147 of the Illinois Vehicle Code, that 7 is the subject of the service contract must comply with this 8 Act in its entirety. Contracts for the repair and monitoring 9 of private alarm or private security systems regulated under 10 the Private Detective, Private Alarm, Private Security, and 11 Locksmith Act of 1993 are not required to comply with this 12 Act and are not subject to any provision of the Illinois 13 Insurance Code. 14 (Source: P.A. 90-711, eff. 8-7-98; 90-817, eff. 3-23-99; 15 91-430, eff. 1-1-00; revised 10-19-99.) 16 Section 58. The Title Insurance Act is amended by 17 changing Section 3 as follows: 18 (215 ILCS 155/3) (from Ch. 73, par. 1403) 19 Sec. 3. As used in this Act, the words and phrases 20 following shall have the following meanings unless the 21 context requires otherwise: 22 (1) "Title insurance business" or "business of title 23 insurance" means: 24 (A) Issuing as insurer or offering to issue as 25 insurer title insurance; and 26 (B) Transacting or proposing to transact one or 27 more of the following activities when conducted or 28 performed in contemplation of or in conjunction with the 29 issuance of title insurance; 30 (i) soliciting or negotiating the issuance of 31 title insurance; 32 (ii) guaranteeing, warranting, or otherwise HB0708 Engrossed -493- LRB9203186EGfg 1 insuring the correctness of title searches for all 2 instruments affecting titles to real property, any 3 interest in real property, cooperative units and 4 proprietary leases, and for all liens or charges 5 affecting the same; 6 (iii) handling of escrows, settlements, or 7 closings; 8 (iv) executing title insurance policies; 9 (v) effecting contracts of reinsurance; 10 (vi) abstracting, searching, or examining 11 titles; or 12 (vii) issuing closing protection letters; 13 (C) Guaranteeing, warranting, or insuring searches 14 or examinations of title to real property or any interest 15 in real property, with the exception of preparing an 16 attorney's opinion of title; or 17 (D) Guaranteeing or warranting the status of title 18 as to ownership of or liens on real property and personal 19 property by any person other than the principals to the 20 transaction; or 21 (E) Doing or proposing to do any business 22 substantially equivalent to any of the activities listed 23 in this subsection, provided that the preparation of an 24 attorney's opinion of title pursuant to paragraph (1)(C) 25 is not intended to be within the definition of "title 26 insurance business" or "business of title insurance". 27 (1.5) "Title insurance" means insuring, guaranteeing, 28 warranting, or indemnifying owners of real or personal 29 property or the holders of liens or encumbrances thereon or 30 others interested therein against loss or damage suffered by 31 reason of liens, encumbrances upon, defects in, or the 32 unmarketability of the title to the property; the invalidity 33 or unenforceability of any liens or encumbrances thereon; or 34 doing any business in substance equivalent to any of the HB0708 Engrossed -494- LRB9203186EGfg 1 foregoing. "Warranting" for purpose of this provision shall 2 not include any warranty contained in instruments of 3 encumbrance or conveyance. An attorney's opinion of title 4 pursuant to paragraph (1)(C) is not intended to be within the 5 definition of "title insurance". 6 (2) "Title insurance company" means any domestic company 7 organized under the laws of this State for the purpose of 8 conducting the business of guaranteeing or insuring titles to 9 real estate and any title insurance company organized under 10 the laws of another State, the District of Columbia or 11 foreign government and authorized to transact the business of 12 guaranteeing or insuring titles to real estate in this State. 13 (3) "Title insurance agent" means a person, firm, 14 partnership, association, corporation or other legal entity 15 registered by a title insurance company and authorized by 16 such company to determine insurability of title in accordance 17 with generally acceptable underwriting rules and standards in 18 reliance on either the public records or a search package 19 prepared from a title plant, or both, and authorized in 20 addition to do any of the following: act as an escrow agent, 21 solicit title insurance, collect premiums, issue title 22 reports, binders or commitments to insure and policies in its 23 behalf, provided, however, the term "title insurance agent" 24 shall not include officers and salaried employees of any 25 title insurance company. 26 (4) "Producer of title business" is any person, firm, 27 partnership, association, corporation or other legal entity 28 engaged in this State in the trade, business, occupation or 29 profession of (i) buying or selling interests in real 30 property, (ii) making loans secured by interests in real 31 property, or (iii) acting as broker, agent, attorney, or 32 representative of natural persons or other legal entities 33 that buy or sell interests in real property or that lend 34 money with such interests as security. HB0708 Engrossed -495- LRB9203186EGfg 1 (5) "Associate" is any firm, association, partnership, 2 corporation or other legal entity organized for profit in 3 which a producer of title business is a director, officer, or 4 partner thereof, or owner of a financial interest, as defined 5 herein, in such entity; any legal entity that controls, is 6 controlled by, or is under common control with a producer of 7 title business; and any natural person or legal entity with 8 whom a producer of title business has any agreement, 9 arrangement, or understanding or pursues any course of 10 conduct the purpose of which is to evade the provisions of 11 this Act. 12 (6) "Financial interest" is any ownership interest, 13 legal or beneficial, except ownership of publicly traded 14 stock. 15 (7) "Refer" means to place or cause to be placed, or to 16 exercise any power or influence over the placing of title 17 business, whether or not the consent or approval of any other 18 person is sought or obtained with respect to the referral. 19 (8) "Escrow Agent" means any title insurance company or 20 any title insurance agent acting on behalf of a title 21 insurance company which receives deposits, in trust, of funds 22 or documents, or both, for the purpose of effecting the sale, 23 transfer, encumbrance or lease of real property to be held by 24 such escrow agent until title to the real property that is 25 the subject of the escrow is in a prescribed condition. 26 (9) "Independent Escrowee" means any firm, person, 27 partnership, association, corporation or other legal entity, 28 other than a title insurance company or a title insurance 29 agent, which receives deposits, in trust, of funds or 30 documents, or both, for the purpose of effecting the sale, 31 transfer, encumbrance or lease of real property to be held by 32 such escrowee until title to the real property that is the 33 subject of the escrow is in a prescribed condition. Federal 34 and State chartered banks, savings and loan associations, HB0708 Engrossed -496- LRB9203186EGfg 1 credit unions, mortgage bankers, banks or trust companies 2 authorized to do business under the Illinois Corporate 3 Fiduciary Act, licensees under the Consumer Installment Loan 4 Act, real estate brokers licensed pursuant to the Real Estate 5 License Act of 2000, as such Acts are now or hereafter 6 amended, and licensed attorneys when engaged in the 7 attorney-client relationship are exempt from the escrow 8 provisions of this Act. 9 (10) "Single risk" means the insured amount of any title 10 insurance policy, except that where 2 or more title insurance 11 policies are issued simultaneously covering different estates 12 in the same real property, "single risk" means the sum of the 13 insured amounts of all such title insurance policies. Any 14 title insurance policy insuring a mortgage interest, a claim 15 payment under which reduces the insured amount of a fee or 16 leasehold title insurance policy, shall be excluded in 17 computing the amount of a single risk to the extent that the 18 insured amount of the mortgage title insurance policy does 19 not exceed the insured amount of the fee or leasehold title 20 insurance policy. 21 (11) "Department" means the Department of Financial 22 Institutions. 23 (12) "Director" means the Director of Financial 24 Institutions. 25 (13) "Insured closing letter" or "closing protection 26 letter" means an indemnification or undertaking to a party to 27 a real estate transaction, from a principal such as a title 28 insurance company or similar entity, setting forth in writing 29 the extent of the principal's responsibility for intentional 30 misconduct or errors in closing the real estate transaction 31 on the part of a settlement agent, such as a title insurance 32 agent or other settlement service provider. 33 (Source: P.A. 91-159, eff. 1-1-00; 91-245, eff. 12-31-99; 34 revised 8-12-99.) HB0708 Engrossed -497- LRB9203186EGfg 1 Section 60. The Public Utilities Act is amended by 2 changing Section 4-101 as follows: 3 (220 ILCS 5/4-101) (from Ch. 111 2/3, par. 4-101) 4 Sec. 4-101. The Commerce Commission shall have general 5 supervision of all public utilities, except as otherwise 6 provided in this Act, shall inquire into the management of 7 the business thereof and shall keep itself informed as to the 8 manner and method in which the business is conducted. It 9 shall examine those public utilities and keep informed as to 10 their general condition, their franchises, capitalization, 11 rates and other charges, and the manner in which their 12 plants, equipment and other property owned, leased, 13 controlled or operated are managed, conducted and operated, 14 not only with respect to the adequacy, security and 15 accommodation afforded by their service but also with respect 16 to their compliance with this Act and any other law, with the 17 orders of the Commission and with the charter and franchise 18 requirements. 19 Whenever the Commission is authorized or required by law 20 to consider some aspect of criminal history record 21 information for the purpose of carrying out its statutory 22 powers and responsibilities, then, upon request and payment 23 of fees in conformance with the requirements of Section 24 2605-400 of the Department of State Police Law (20 ILCS 25 2605/2605-400), the Department of State Police is authorized 26 to furnish, pursuant to positive identification, such 27 information contained in State files as is necessary to 28 fulfill the request. 29 (Source: P.A. 91-239, eff. 1-1-00; 91-638, eff. 1-1-00; 30 revised 10-27-99.) 31 Section 61. The Health Care Worker Background Check Act 32 is amended by changing Section 15 as follows: HB0708 Engrossed -498- LRB9203186EGfg 1 (225 ILCS 46/15) 2 Sec. 15. Definitions. For the purposes of this Act, the 3 following definitions apply: 4 "Applicant" means an individual seeking employment with a 5 health care employer who has received a bona fide conditional 6 offer of employment. 7 "Conditional offer of employment" means a bona fide offer 8 of employment by a health care employer to an applicant, 9 which is contingent upon the receipt of a report from the 10 Department of State Police indicating that the applicant does 11 not have a record of conviction of any of the criminal 12 offenses enumerated in Section 25. 13 "Direct care" means the provision of nursing care or 14 assistance with feeding, dressing, movement, bathing, 15 toileting, or other personal needs. The entity responsible 16 for inspecting and licensing, certifying, or registering the 17 health care employer may, by administrative rule, prescribe 18 guidelines for interpreting this definition with regard to 19 the health care employers that it licenses. 20 "Health care employer" means: 21 (1) the owner or licensee of any of the following: 22 (i) a community living facility, as defined in the 23 Community Living Facilities Act; 24 (ii) a life care facility, as defined in the Life 25 Care Facilities Act; 26 (iii) a long-term care facility, as defined in the 27 Nursing Home Care Act; 28 (iv) a home health agency, as defined in the Home 29 Health Agency Licensing Act; 30 (v) a full hospice, as defined in the Hospice 31 Program Licensing Act; 32 (vi) a hospital, as defined in the Hospital 33 Licensing Act; 34 (vii) a community residential alternative, as HB0708 Engrossed -499- LRB9203186EGfg 1 defined in the Community Residential Alternatives 2 Licensing Act; 3 (viii) a nurse agency, as defined in the Nurse 4 Agency Licensing Act; 5 (ix) a respite care provider, as defined in the 6 Respite Program Act; 7 (ix-a) an establishment licensed under the Assisted 8 Living and Shared Housing Act;(xi)9 (x) a supportive living program, as defined in the 10 Illinois Public Aid Code; 11 (xi) early childhood intervention programs as 12 described in 59 Ill. Adm. Code 121; 13 (xii) the University of Illinois Hospital, Chicago; 14 (xiii) programs funded by the Department on Aging 15 through the Community Care Program; 16 (xiv) programs certified to participate in the 17 Supportive Living Program authorized pursuant to Section 18 5-5.01a of the Illinois Public Aid Code; 19 (xv) programs listed by the Emergency Medical 20 Services (EMS) Systems Act as Freestanding Emergency 21 Centers; 22 (xvi) locations licensed under the Alternative 23 Health Care Delivery Act; 24 (2) a day training program certified by the Department 25 of Human Services; or 26 (3) a community integrated living arrangement operated 27 by a community mental health and developmental service 28 agency, as defined in the Community-Integrated Living 29 Arrangements Licensing and Certification Act. 30 "Initiate" means the obtaining of the authorization for a 31 record check from a student, applicant, or employee. The 32 educational entity or health care employer or its designee 33 shall transmit all necessary information and fees to the 34 Illinois State Police within 10 working days after receipt of HB0708 Engrossed -500- LRB9203186EGfg 1 the authorization. 2 (Source: P.A. 90-14, eff. 7-1-97; 90-776, eff. 1-1-99; 3 91-598, eff. 1-1-00; 91-656, eff. 1-1-01; revised 1-6-00.) 4 Section 61.5. The Hearing Instrument Consumer Protection 5 Act is amended by changing Section 33 as follows: 6 (225 ILCS 50/33) (from Ch. 111, par. 7433) 7 Sec. 33. Violation of Act; unlawful practice. The 8 advertising, offering for sale, sale, or distribution of 9 hearing instrument goods and services to consumers by any 10 person in violation of any of the provisions of this Act is 11 an unlawful practice pursuant to Section 2Z20of the 12 Consumer Fraud and Deceptive Business Practices Act. 13 (Source: P.A. 89-72, eff. 12-31-95; revised 3-27-00.) 14 Section 62. The Medical Practice Act of 1987 is amended 15 by changing Section 21 as follows: 16 (225 ILCS 60/21) (from Ch. 111, par. 4400-21) 17 Sec. 21. License renewal; restoration; inactive status; 18 disposition and collection of fees. 19 (A) Renewal. The expiration date and renewal period for 20 each license issued under this Act shall be set by rule. The 21 holder of a license may renew the license by paying the 22 required fee. The holder of a license may also renew the 23 license within 90 days after its expiration by complying with 24 the requirements for renewal and payment of an additional 25 fee. A license renewal within 90 days after expiration shall 26 be effective retroactively to the expiration date. 27 The Department shall mail to each licensee under this 28 Act, at his or her last known address, at least 60 days in 29 advance of the expiration date of his or her license, a 30 notice of that fact and an application for renewal form. No HB0708 Engrossed -501- LRB9203186EGfg 1 such license shall be deemed to have lapsed until 90 days 2 after the expiration date and after such notice and 3 application have been mailed by the Department as herein 4 provided. 5 (B) Restoration. Any licensee who has permitted his or 6 her license to lapse or who has had his or her license on 7 inactive status may have his or her license restored by 8 making application to the Department and filing proof 9 acceptable to the Department of his or her fitness to have 10 the license restored, including evidence certifying to active 11 practice in another jurisdiction satisfactory to the 12 Department, proof of meeting the continuing education 13 requirements for one renewal period, and by paying the 14 required restoration fee. 15 If the licensee has not maintained an active practice in 16 another jurisdiction satisfactory to the Department, the 17 Licensing Board shall determine, by an evaluation program 18 established by rule, the applicant's fitness to resume active 19 status and may require the licensee to complete a period of 20 evaluated clinical experience and may require successful 21 completion of the practical examination. 22 However, any registrant whose license has expired while 23 he or she has been engaged (a) in Federal Service on active 24 duty with the Army of the United States, the United States 25 Navy, the Marine Corps, the Air Force, the Coast Guard, the 26 Public Health Service or the State Militia called into the 27 service or training of the United States of America, or 28 (b) in training or education under the supervision of the 29 United States preliminary to induction into the military 30 service, may have his or her license reinstated or restored 31 without paying any lapsed renewal fees, if within 2 years 32 after honorable termination of such service, training, or 33 education, he or she furnishes to the Department with 34 satisfactory evidence to the effect that he or she has been HB0708 Engrossed -502- LRB9203186EGfg 1 so engaged and that his or her service, training, or 2 education has been so terminated. 3 (C) Inactive licenses. Any licensee who notifies the 4 Department, in writing on forms prescribed by the Department, 5 may elect to place his or her license on an inactive status 6 and shall, subject to rules of the Department, be excused 7 from payment of renewal fees until he or she notifies the 8 Department in writing of his or her desire to resume active 9 status. 10 Any licensee requesting restoration from inactive status 11 shall be required to pay the current renewal fee, provide 12 proof of meeting the continuing education requirements for 13 the period of time the license is inactive not to exceed one 14 renewal period, and shall be required to restore his or her 15 license as provided in subsection (B). 16 Any licensee whose license is in an inactive status shall 17 not practice in the State of Illinois. 18 (D) Disposition of monies collected. All monies 19 collected under this Act by the Department shall be deposited 20 in the Illinois State Medical Disciplinary Fund in the State 21 Treasury, and used only for the following purposes: (a) by 22 the Medical Disciplinary Board in the exercise of its powers 23 and performance of its duties, as such use is made by the 24 Department with full consideration of all recommendations of 25 the Medical Disciplinary Board, (b) for costs directly 26 related to persons licensed under this Act, and (c) for 27 direct and allocable indirect costs related to the public 28 purposes of the Department of Professional Regulation. 29 Moneys in the Fund may be transferred to the Professions 30 Indirect Cost Fund as authorized under Section 2105-300 of 31 the Department of Professional Regulation Law (20 ILCS 32 2105/2105-300). 33 All earnings received from investment of monies in the 34 Illinois State Medical Disciplinary Fund shall be deposited HB0708 Engrossed -503- LRB9203186EGfg 1 in the Illinois State Medical Disciplinary Fund and shall be 2 used for the same purposes as fees deposited in such Fund. 3 (E) Fees. The following fees are nonrefundable. 4 (1) Applicants for any examination shall be 5 required to pay, either to the Department or to the 6 designated testing service, a fee covering the cost of 7 determining the applicant's eligibility and providing the 8 examination. Failure to appear for the examination on the 9 scheduled date, at the time and place specified, after 10 the applicant's application for examination has been 11 received and acknowledged by the Department or the 12 designated testing service, shall result in the 13 forfeiture of the examination fee. 14 (2) The fee for a license under Section 9 of this 15 Act is $300. 16 (3) The fee for a license under Section 19 of this 17 Act is $300. 18 (4) The fee for the renewal of a license for a 19 resident of Illinois shall be calculated at the rate of 20 $100 per year, except for licensees who were issued a 21 license within 12 months of the expiration date of the 22 license, the fee for the renewal shall be $100. The fee 23 for the renewal of a license for a nonresident shall be 24 calculated at the rate of $200 per year, except for 25 licensees who were issued a license within 12 months of 26 the expiration date of the license, the fee for the 27 renewal shall be $200. 28 (5) The fee for the restoration of a license other 29 than from inactive status, is $100. In addition, payment 30 of all lapsed renewal fees not to exceed $600 is 31 required. 32 (6) The fee for a 3-year temporary license under 33 Section 17 is $100. 34 (7) The fee for the issuance of a duplicate HB0708 Engrossed -504- LRB9203186EGfg 1 license, for the issuance of a replacement license for a 2 license which has been lost or destroyed, or for the 3 issuance of a license with a change of name or address 4 other than during the renewal period is $20. No fee is 5 required for name and address changes on Department 6 records when no duplicate license is issued. 7 (8) The fee to be paid for a license record for any 8 purpose is $20. 9 (9) The fee to be paid to have the scoring of an 10 examination, administered by the Department, reviewed and 11 verified, is $20 plus any fees charged by the applicable 12 testing service. 13 (10) The fee to be paid by a licensee for a wall 14 certificate showing his or her license shall be the 15 actual cost of producing the certificate. 16 (11) The fee for a roster of persons licensed as 17 physicians in this State shall be the actual cost of 18 producing such a roster. 19 (F) Any person who delivers a check or other payment to 20 the Department that is returned to the Department unpaid by 21 the financial institution upon which it is drawn shall pay to 22 the Department, in addition to the amount already owed to the 23 Department, a fine of $50. If the check or other payment was 24 for a renewal or issuance fee and that person practices 25 without paying the renewal fee or issuance fee and the fine 26 due, an additional fine of $100 shall be imposed. The fines 27 imposed by this Section are in addition to any other 28 discipline provided under this Act for unlicensed practice or 29 practice on a nonrenewed license. The Department shall notify 30 the person that payment of fees and fines shall be paid to 31 the Department by certified check or money order within 30 32 calendar days of the notification. If, after the expiration 33 of 30 days from the date of the notification, the person has 34 failed to submit the necessary remittance, the Department HB0708 Engrossed -505- LRB9203186EGfg 1 shall automatically terminate the license or certificate or 2 deny the application, without hearing. If, after termination 3 or denial, the person seeks a license or certificate, he or 4 she shall apply to the Department for restoration or issuance 5 of the license or certificate and pay all fees and fines due 6 to the Department. The Department may establish a fee for the 7 processing of an application for restoration of a license or 8 certificate to pay all expenses of processing this 9 application. The Director may waive the fines due under this 10 Section in individual cases where the Director finds that the 11 fines would be unreasonable or unnecessarily burdensome. 12 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 13 revised 8-9-99.) 14 Section 63. The Pharmacy Practice Act of 1987 is amended 15 by changing Section 9 as follows: 16 (225 ILCS 85/9) (from Ch. 111, par. 4129) 17 Sec. 9. Registration as pharmacy technician. Any person 18 shall be entitled to registration as a registered pharmacy 19 technician who is of the age of 16 or over, has not engaged 20 in conduct or behavior determined to be grounds for 21 discipline under this Act, is of temperate habits, is 22 attending or has graduated from an accredited high school or 23 comparable school or educational institution, and has filed a 24 written application for registration on a form to be 25 prescribed and furnished by the Department for that purpose. 26 The Department shall issue a certificate of registration as a 27 registered pharmacy technician to any applicant who has 28 qualified as aforesaid, and such registration shall be the 29 sole authority required to assist licensed pharmacists in the 30 practice of pharmacy, under the personal supervision of a 31 licensed pharmacist. Any person registered as a pharmacy 32 technician who is also enrolled in a first professional HB0708 Engrossed -506- LRB9203186EGfg 1 degree program in pharmacy in a school or college of pharmacy 2 or a department of pharmacy of a university approved by the 3 Department shall be considered a "student pharmacist" and 4 entitled to use the title "student pharmacist". The 5 Department, upon the recommendation of the Board, may take 6 any action set forth in Section 30 of this Act with regard to 7 certificates pursuant to this Section. 8 Any person who is enrolled in a non-traditional Pharm.D. 9PharmDprogram at an ACPE accredited college of pharmacy and 10 is a licensed pharmacist under the laws of another United 11 States jurisdiction shall be permitted to engage in the 12 program of practice experience required in the academic 13 program by virtue of such license. Such person shall be 14 exempt from the requirement of registration as a registered 15 pharmacy technician while engaged in the program of practice 16 experience required in the academic program. 17 An applicant for registration as a pharmacy technician 18 may assist a registered pharmacist in the practice of 19 pharmacy for a period of up to 60 days prior to the issuance 20 of a certificate of registration if the applicant has 21 submitted the required fee and an application for 22 registration to the Department. The applicant shall keep a 23 copy of the submitted application on the premises where the 24 applicant is assisting in the practice of pharmacy. 25 (Source: P.A. 90-253, eff. 7-29-97; revised 12-13-99.) 26 Section 64. The Professional Boxing and Wrestling Act is 27 amended by changing Section 23 as follows: 28 (225 ILCS 105/23) (from Ch. 111, par. 5023) 29 Sec. 23. Fees. The fees for the administration and 30 enforcement of this Act including, but not limited to, 31 original licensure or registration, renewal, and restoration 32 shall be set by rule. The fees shall not be refundable. HB0708 Engrossed -507- LRB9203186EGfg 1(Blank).2 (Source: P.A. 91-357, eff. 7-29-99; 91-408, eff. 1-1-00; 3 revised 8-27-99.) 4 Section 65. The Illinois Architecture Practice Act of 5 1989 is amended by changing Sections 3, 8, 12, and 38 as 6 follows: 7 (225 ILCS 305/3) (from Ch. 111, par. 1303) 8 Sec. 3. Application of Act. Nothing in this Act shall 9 be deemed or construed to prevent the practice of structural 10 engineering as defined in the Structural Engineering Practice 11 Act of 1989, the practice of professional engineering as 12 defined in the Professional Engineering Practice Act of 1989, 13 or the preparation of documents used to prescribe work to be 14 done inside buildings for non-loadbearing interior 15 construction, furnishings, fixtures and equipment, or the 16 offering or preparation of environmental analysis, 17 feasibility studies, programming or construction management 18 services by persons other than those licensed in accordance 19 with this Act, the Structural Engineering Practice Act of 20 1989 or the Professional Engineering Practice Act of 1989. 21 Nothing contained in this Act shall prevent the 22 draftsmen, students, project representatives and other 23 employees of those lawfully practicing as licensed architects 24 under the provisions of this Act, from acting under the 25 direct supervision and control of their employers, or to 26 prevent the employment of project representatives for 27 enlargement or alteration of buildings or any parts thereof, 28 or prevent such project representatives from acting under the 29 direct supervision and control of the licensed architect by 30 whom the construction documents including drawings and 31 specifications of any such building, enlargement or 32 alteration were prepared. HB0708 Engrossed -508- LRB9203186EGfg 1 Nothing in this Act or any other Act shall prevent a 2 registered architect from practicing interior design 3 services. Nothing in this Act shall be construed as 4 requiring the services of an interior designer for the 5 interior designing of a single family residence. 6 This Act does not apply to any of the following: 7 (A) The building, remodeling or repairing of any 8 building or other structure outside of the corporate 9 limits of any city or village, where such building or 10 structure is to be, or is used for farm purposes, or for 11 the purposes of outbuildings or auxiliary buildings in 12 connection with such farm premises. 13 (B) The construction, remodeling or repairing of a 14 detached single family residence on a single lot. 15 (C) The construction, remodeling or repairing of a 16 two-family residence of wood frame construction on a 17 single lot, not more than two stories and basement in 18 height. 19 (D) Interior design services for buildings which do 20 not involve life safety or structural changes. 21 However, all buildings not included in the preceding 22 paragraphs (A) through (D), including multi-family buildings 23 and buildings previously exempt under those paragraphs but 24 subsequently non-exempt due to a change in occupancy or use, 25 are subject to the requirements of this Act. Interior 26 alterations which result in life safety or structural changes 27 of the building are subject to the requirements of this Act. 28 (Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00; 29 revised 10-6-99.) 30 (225 ILCS 305/8) (from Ch. 111, par. 1308) 31 Sec. 8. Powers and duties of the Department. 32 (1) Subject to the provisions of this Act, the 33 Department shall exercise the following functions, powers, HB0708 Engrossed -509- LRB9203186EGfg 1 and duties: 2 (a) conduct examinations to ascertain the 3 qualifications and fitness of applicants for licensure as 4 licensed architects, and pass upon the qualifications and 5 fitness of applicants for licensure by endorsement; 6 (b) prescribe rules for a method of examination of 7 candidates; 8 (c) prescribe rules defining what constitutes a 9 school, college or university, or department of a 10 university, or other institution, reputable and in good 11 standing, to determine whether or not a school, college 12 or university, or department of a university, or other 13 institution is reputable and in good standing by 14 reference toacompliance with such rules, and to 15 terminate the approval of such school, college or 16 university or department of a university or other 17 institution that refuses admittance to applicants solely 18 on the basis of race, color, creed, sex or national 19 origin. The Department may adopt, as its own rules 20 relating to education requirements, those guidelines 21 published from time to time by the National Architectural 22 Accrediting Board; 23 (d) prescribe rules for diversified professional 24 training; 25 (e) conduct oral interviews, disciplinary 26 conferences and formal evidentiary hearings on 27 proceedings to impose fines or to suspend, revoke, place 28 on probationary status, reprimand, and refuse to issue or 29 restore any license issued under the provisions of this 30 Act for the reasons set forth in Section 22 of this Act; 31 (f) issue licenses to those who meet the 32 requirements of this Act;and33 (g) formulate and publish rules necessary or 34 appropriate to carrying out the provisions of this Act; HB0708 Engrossed -510- LRB9203186EGfg 1 and.2 (h)Tomaintain membership in the National Council 3 of Architectural Registration Boards and participate in 4 activities of the Council by designation of individuals 5 for the various classifications of membership and the 6 appointment of delegates for attendance at regional and 7 national meetings of the Council. All costs associated 8 with membership and attendance of such delegates to any 9 national meetings may be funded from the Design 10 Professionals Administration and Investigation Fund. 11 (2) Prior to issuance of any final decision or order 12 that deviates from any report or recommendation of the Board 13 relating to the qualification of applicants, discipline of 14 licensees or registrants, or promulgation of rules, the 15 Director shall notify the Board in writing with an 16 explanation of theany suchdeviation and provide a 17 reasonable time for the Board to submit writtenwriting18 comments to the Director regarding the proposed action. In 19 the event that the Board fails or declines to submitsuch20 written comments within 30 days of thesaidnotification, the 21 Director may issue a final decision or orderorders22 consistent with the Director's original decision. The 23 Department may at any time seek the expert advice and 24 knowledge of the Board on any matter relating to the 25 enforcement of this Act. 26 (Source: P.A. 91-133, eff. 1-1-00; revised 3-20-00.) 27 (225 ILCS 305/12) (from Ch. 111, par. 1312) 28 Sec. 12. Examinations; subjects; failure or refusal to 29 take examination. The Department shall authorize examination 30 of applicants as architects at such times and places as it 31 may determine. The examination shall be in English and shall 32 be written or written and graphic. It shall include at a 33 minimum the following subjects: HB0708 Engrossed -511- LRB9203186EGfg 1"(a) pre-design (environmental analysis, 2 architectural programming, and application of principles 3 of project management and coordination); 4 (b) site planning (site analysis, design and 5 development, parking, and application of zoning 6 requirements); 7 (c) building planning (conceptual planning of 8 functional and space relationships, building design, 9 interior space layout, barrier-free design, and the 10 application of the life safety code requirements and 11 principles of energy efficient design); 12 (d) building technology (application of structural 13 systems, building components, and mechanical and 14 electrical systems); 15 (e) general structures (identification, resolution, 16 and incorporation of structural systems and the long span 17 design on the technical aspects of the design of 18 buildings and the process and construction); 19 (f) lateral forces (identification and resolution 20 of the effects of lateral forces on the technical aspects 21 of the design of buildings and the process of 22 construction); 23 (g) mechanical and electrical systems (as applied 24 to the design of buildings, including plumbing and 25 acoustical systems); 26 (h) materials and methods (as related to the design 27 of buildings and the technical aspects of construction); 28 and 29 (i) construction documents and services (conduct of 30 architectural practice as it relates to construction 31 documents, bidding, and construction administration and 32 contractual documents from beginning to end of a building 33 project). 34 It shall be the responsibility of the applicant to be HB0708 Engrossed -512- LRB9203186EGfg 1 familiar with this Act and its rules. 2 Examination subject matter headings and bases on which 3 examinations are graded shall be indicated in rules 4 pertaining to this Act. The Department may adopt the 5 examinations and grading procedures of the National Council 6 of Architectural Registration Boards. Content of any 7 particular examination shall not be considered public record 8 under the Freedom of Information Act. 9 If an applicant neglects without an approved excuse or 10 refuses to take the next available examination offered for 11 licensure under this Act, the fee paid by the applicant shall 12 be forfeited. If an applicant fails to pass an examination 13 for licensure under this Act within 3 years after filing an 14 application, the application shall be denied. The applicant 15 may, however, make a new application for examination 16 accompanied by the required fee and must furnish proof of 17 meeting the qualifications for examination in effect at the 18 time of the new application. 19 The Department may by rule prescribe additional subjects 20 for examination. 21 An applicant has one year from the date of notification 22 of successful completion of all the examination requirements 23 to apply to the Department for a license. If an applicant 24 fails to apply within one year, the applicant shall be 25 required to again take and pass the examination. 26 (Source: P.A. 91-133, eff. 1-1-00; revised 3-9-00.) 27 (225 ILCS 305/38) (from Ch. 111, par. 1338) 28 Sec. 38. Fund; appropriations; investments; audits. 29 Moneys deposited in the Design Professionals Administration 30 and Investigation Fund shall be appropriated to the 31 Department exclusively for expenses of the Department and the 32 Board in the administration of this Act, the Illinois 33 Professional Land Surveyor Act of 1989, the Professional HB0708 Engrossed -513- LRB9203186EGfg 1 Engineering Practice Act of 1989, and the Structural 2 Engineering Practice Act of 1989. The expenses of the 3 Department under this Act shall be limited to the ordinary 4 and contingent expenses of the Design Professionals Dedicated 5 Employees within the Department as established under Section 6 2105-75 of the Department of Professional Regulation Law (20 7 ILCS 2105/2105-75) and other expenses related to the 8 administration and enforcement of this Act. 9 Moneys from the Fund may also be used for direct and 10 allocable indirect costs related to the public purposes of 11 the Department of Professional Regulation. Moneys in the 12 Fund may be transferred to the Professions Indirect Cost Fund 13 as authorized by Section 2105-300 of the Department of 14 Professional Regulation Law (20 ILCS 2105/2105-300). 15 All fines and penalties under Sections 22 and 36 shall be 16 deposited in the Design Professionals Administration and 17 Investigation Fund. 18 Moneys in the Design Professionals Administration and 19 Investigation Fund may be invested and reinvested, with all 20 earnings received from the investments to be deposited in the 21 Design Professionals Administration and Investigation Fund 22 and used for the same purposes as fees deposited in the Fund. 23 Upon the completion of any audit of the Department as 24 prescribed by the Illinois State Auditing Act that includes 25 an audit of the Design Professionals Administration and 26 Investigation Fund, the Department shall make the audit open 27 to inspection by any interested person. The copy of the 28 audit report required to be submitted to the Department by 29 this Section is an addition to copies of audit reports 30 required to be submitted to other State officers and agencies 31 by Section 3-14 of the Illinois State Auditing Act. 32 (Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00; 33 91-239, eff. 1-1-00; revised 10-7-99.) HB0708 Engrossed -514- LRB9203186EGfg 1 Section 66. The Interior Design Profession Title Act is 2 amended by changing Sections 4 and 30 as follows: 3 (225 ILCS 310/4) (from Ch. 111, par. 8204) 4 Sec. 4. (a) No individual shall, without a valid 5 registration as an interior designer issued by the 6 Department, in any manner hold himself out to the public as 7 an interior designer or attach the title "interior designer" 8 or any other name or designation which would in any way imply 9 that he is able to use the title "interior designer" as 10 defined in this Act. No individual shall, without a valid 11 registration as a residential interior designer issued by the 12 Department, in any manner hold himself out to the public as a 13 residential interior designer, or use the title "residential 14 interior designer" or any name or designation that would in 15 any way imply that he is able to use the title "residential 16 interior designer" as defined in this Act. 17 (a-5) Nothing in this Act shall be construed as 18 preventing or restricting the services offered or advertised 19 by an interior designer who is registered under this Act. 20 (b) Nothing in this Act shall prevent the employment, by 21 an interior designer or residential interior designer, 22 association, partnership, or a corporation furnishing 23 interior design or residential interior design services for 24 remuneration, of persons not registered as interior designers 25 or residential interior designers to perform services in 26 various capacities as needed, provided that the persons do 27 not represent themselves as, or use the title of, "interior 28 designer", "registered interior designer", "residential 29 interior designer" or "registered residential interior 30 designer". 31 (c) Nothing in this Act shall be construed to limit the 32 activities and use of the title "interior designer" or 33 "residential interior designer" on the part of a person not HB0708 Engrossed -515- LRB9203186EGfg 1 registered under this Act who is a graduate of an interior 2 design program and a full-time employee of a duly chartered 3 institution of higher education insofar as such person 4 engages in public speaking, with or without remuneration, 5 provided that such person does not represent himself to be an 6 interior designer or use the title "registered interior 7 designer" or "registered residential interior designer". 8 (d) Nothing contained in this Act shall restrict any 9 person not registered under this Act from carrying out any of 10 the activities listed in the definition of "the profession of 11 interior design" in Section 3 if such person does not 12 represent himself or his services in any manner prohibited by 13 this Act. 14 (e) Nothing in this Act shall be construed as preventing 15 or restricting the practice, services, or activities of any 16 person licensed in this State under any other law from 17 engaging in the profession or occupation for which he is 18 licensed. 19 (f) Nothing in this Act shall be construed as preventing 20 or restricting the practice, services, or activities of 21 engineers licensed under the Professional Engineering 22 Practice Act of 1989 or the Structural Engineering Practice 23 Act of 1989; architects licensed pursuant to the Illinois 24 Architectural Practice Act of 1989; any interior decorator or 25 individual offering interior decorating services including, 26 but not limited to, the selection of surface materials, 27 window treatments, wall coverings, furniture, accessories, 28 paint, floor coverings, and lighting fixtures; or builders, 29 home furnishings salespersons, and similar purveyors of goods 30 and services relating to homemaking. 31 (g) Nothing in this Act or any other Act shall prevent a 32 licensed architect from practicing interior design services 33 or from using the title "interior designer" or "residential 34 interior designer". Nothing in this Act shall be construed HB0708 Engrossed -516- LRB9203186EGfg 1 as requiring the services of an interior designer or 2 residential interior designer for the interior designing of a 3 single family residence. 4 (h) Nothing in this Act shall authorize interior 5 designers or residential interior designers to perform 6 services, including life safety services that they are 7 prohibited from performing, or any practice (i) that is 8 restricted in the Illinois Architecture Practice Act of 1989, 9 the Professional Engineering Practice Act of 1989, or the 10 Structural Engineering Practice Act of 1989, or (ii) that 11 they are not authorized to perform under the Environmental 12 Barriers Act. 13 (Source: P.A. 91-91, eff. 1-1-00; 91-357, eff. 7-29-99; 14 revised 8-27-99.) 15 (225 ILCS 310/30) (from Ch. 111, par. 8230) 16 Sec. 30. Interior Design Administration and Investigation 17 Fund. All of the fees collected pursuant to this Act shall 18 be deposited into the General Professions Dedicated Fund. 19 On January 1, 2000 the State Comptroller shall transfer 20 the balance of the monies in the Interior Design 21 Administration and Investigation Fund into the General 22 Professions Dedicated Fund. Amounts appropriated for fiscal 23 year 2000 out of the Interior Design Administration and 24 Investigation Fund may be paid out of the General Professions 25 Dedicated Fund. 26 The monies deposited in the General Professions Dedicated 27 Fund may be used for the expenses of the Department in the 28 administration of this Act. 29 Moneys from the Fund may also be used for direct and 30 allocable indirect costs related to the public purposes of 31 the Department of Professional Regulation. Moneys in the 32 Fund may be transferred to the Professions Indirect Cost Fund 33 as authorized by Section 2105-300 of the Department of HB0708 Engrossed -517- LRB9203186EGfg 1 Professional Regulation Law (20 ILCS 2105/2105-300). 2 Upon the completion of any audit of the Department as 3 prescribed by the Illinois State Auditing Act that includes 4 an audit of the Interior Design Administration and 5 Investigation Fund, the Department shall make the audit open 6 to inspection by any interested person. The copy of the audit 7 report required to be submitted to the Department by this 8 Section is in addition to copies of audit reports required to 9 be submitted to other State officers and agencies by Section 10 3-14 of the Illinois State Auditing Act. 11 (Source: P.A. 91-239, eff. 1-1-00; 91-454, eff. 1-1-00; 12 revised 10-19-99.) 13 Section 67. The Illinois Landscape Architecture Act of 14 1989 is amended by changing Section 15 as follows: 15 (225 ILCS 315/15) (from Ch. 111, par. 8115) 16 Sec. 15. Disposition of funds. All of the fees 17 collected pursuant to this Act shall be deposited in the 18 General Professions Dedicated Fund. 19 On January 1, 2000 the State Comptroller shall transfer 20 the balance of the monies in the Landscape Architects' 21 Administration and Investigation Fund into the General 22 Professions Dedicated Fund. Amounts appropriated for fiscal 23 year 2000 out of the Landscape Architects' Administration and 24 Investigation Fund may be paid out of the General Professions 25 Dedicated Fund. 26 The monies deposited in the General Professions Dedicated 27 Fund may be used for the expenses of the Department in the 28 administration of this Act. 29 Moneys from the Fund may also be used for direct and 30 allocable indirect costs related to the public purposes of 31 the Department of Professional Regulation. Moneys in the 32 Fund may be transferred to the Professions Indirect Cost Fund HB0708 Engrossed -518- LRB9203186EGfg 1 as authorized by Section 2105-300 of the Department of 2 Professional Regulation Law (20 ILCS 2105/2105-300). 3 (Source: P.A. 91-239, eff. 1-1-00; 91-255, eff. 12-30-99; 4 revised 11-4-99.) 5 Section 68. The Professional Engineering Practice Act of 6 1989 is amended by changing Sections 4, 23, 44, and 47 as 7 follows: 8 (225 ILCS 325/4) (from Ch. 111, par. 5204) 9 Sec. 4. Definitions. As used in this Act: 10 (a) "Approved engineering curriculum" means an 11 engineering curriculum of 4 academic years or more which 12 meets the standards established by the rules of the 13 Department. 14 (b) "Board" means the State Board of Professional 15 Engineers of the Department of Professional Regulation, 16 previously known as the Examining Committee. 17 (c) "Department" means the Department of Professional 18 Regulation. 19 (d) "Design professional" means an architect, structural 20 engineer or professional engineer practicing in conformance 21 with the Illinois Architecture Practice Act of 1989, the 22 Structural Engineering Practice Act of 1989 or the 23 Professional Engineering Practice Act of 1989. 24 (e) "Director" means the Director of Professional 25 Regulation. 26 (f) "Direct supervision/responsible charge" means work 27 prepared under the control of a licensed professional 28 engineer or that work as to which that professional engineer 29 has detailed professional knowledge. 30 (g) "Engineering college" means a school, college, 31 university, department of a university or other educational 32 institution, reputable and in good standing in accordance HB0708 Engrossed -519- LRB9203186EGfg 1 with rules prescribed by the Department, and which grants 2 baccalaureate degrees in engineering. 3 (h) "Engineering system or facility" means a system or 4 facility whose design is based upon the application of the 5 principles of science for the purpose of modification of 6 natural states of being. 7 (i) "Engineer intern" means a person who is a candidate 8 for licensure as a professional engineer and who has been 9 enrolled as an engineer intern. 10 (j) "Enrollment" means an action by the Department to 11 record those individuals who have met the Board's 12 requirements for an engineer intern. 13 (k) "License" means an official document issued by the 14 Department to an individual, a corporation, a partnership, a 15 professional service corporation, a limited liability 16 company, or a sole proprietorship, signifying authority to 17 practice. 18 (l) "Negligence in the practice of professional 19 engineering" means the failure to exercise that degree of 20 reasonable professional skill, judgment and diligence 21 normally rendered by professional engineers in the practice 22 of professional engineering. 23 (m) "Professional engineer" means a person licensed 24 under the laws of the State of Illinois to practice 25 professional engineering. 26 (n) "Professional engineering" means the application of 27 science to the design of engineering systems and facilities 28 using the knowledge, skills, ability and professional 29 judgment developed through professional engineering 30 education, training and experience. 31 (o) "Professional engineering practice" means the 32 consultation on, conception, investigation, evaluation, 33 planning, and design of, and selection of materials and 34 methods to be used in, administration of construction HB0708 Engrossed -520- LRB9203186EGfg 1 contracts for, or site observation of an engineering system 2 or facility, where such consultation, conception, 3 investigation, evaluation, planning, design, selection, 4 administration, or observation requires extensive knowledge 5 of engineering laws, formulae, materials, practice, and 6 construction methods. A person shall be construed to 7 practice or offer to practice professional engineering, 8 within the meaning and intent of this Act, who practices, or 9 who, by verbal claim, sign, advertisement, letterhead, card, 10 or any other way, is represented to be a professional 11 engineer, or through the use of the initials "P.E." or the 12 title "engineer" or any of its derivations or some other 13 title implies licensure as a professional engineer, or holds 14 himself out as able to perform any service which is 15 recognized as professional engineering practice. 16 Examples of the practice of professional engineering 17 include, but need not be limited to, transportation 18 facilities and publicly owned utilities for a region or 19 community, railroads, railways, highways, subways, canals, 20 harbors, river improvements; irrigation works; aircraft, 21 airports and landing fields; waterworks, piping systems and 22 appurtenances, sewers, sewage disposal works; plants for the 23 generation of power; devices for the utilization of power; 24 boilers; refrigeration plants, air conditioning systems and 25 plants; heating systems and plants; plants for the 26 transmission or distribution of power; electrical plants 27 which produce, transmit, distribute, or utilize electrical 28 energy; works for the extraction of minerals from the earth; 29 plants for the refining, alloying or treating of metals; 30 chemical works and industrial plants involving the use of 31 chemicals and chemical processes; plants for the production, 32 conversion, or utilization of nuclear, chemical, or radiant 33 energy; forensic engineering, geotechnical engineering 34 including, subsurface investigations; soil classification, HB0708 Engrossed -521- LRB9203186EGfg 1 geology and geohydrology, incidental to the practice of 2 professional engineering; energy analysis, environmental 3 design, hazardous waste mitigation and control; recognition, 4 measurement, evaluation and control of environmental systems 5 and emissions; automated building management systems; or the 6 provision of professional engineering site observation of the 7 construction of works and engineering systems. Nothing 8 contained in this Section imposes upon a person licensed 9 under this Act the responsibility for the performance of any 10 of the foregoing functions unless such person specifically 11 contracts to provide it. 12 (p) "Project representative" means the professional 13 engineer's representative at the project site who assists in 14 the administration of the construction contract. 15 (q) "Registered" means the same as "licensed" for 16 purposes of this Act. 17 (r) "Related science curriculum" means a 4 year program 18 of study, the satisfactory completion of which results in a 19 Bachelor of Science degree, and which contains courses from 20 such areas as life, earth, engineering and computer sciences, 21 including but not limited to, physics and chemistry. In the 22 study of these sciences, the objective is to acquire 23 fundamental knowledge about the nature of its phenomena, 24 including quantitative expression, appropriate to particular 25 fields of engineering. 26 (s) "Rules" means those rules promulgated pursuant to 27 this Act. 28 (t) "Seal" means the seal in compliance with Section 14 29 of this Act. 30 (u) "Site observation" is visitation of the construction 31 site for the purpose of reviewing, as available, the quality 32 and conformance of the work to the technical submissions as 33 they relate to design. 34 (v) "Support design professional" means a professional HB0708 Engrossed -522- LRB9203186EGfg 1 engineer practicing in conformance with the Professional 2 Engineering Practice Act of 1989, who provides services to 3 the design professional who has contract responsibility. 4 (w) "Technical submissions" means designs, drawings, and 5 specifications which establish the standard of quality for 6 materials, workmanship, equipment, and the construction 7 systems, studies, and other technical reports prepared in the 8 course of a design professional's practice. 9 (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; revised 10 10-7-99.) 11 (225 ILCS 325/23) (from Ch. 111, par. 5223) 12 Sec. 23. Professional design firm registration. 13 (a) Nothing in this Act shall prohibit the formation, 14 under the provisions of the Professional Service Corporation 15 Act, as amended, of a corporation to practice professional 16 engineering. 17 Any business, including a Professional Service 18 Corporation, that includes within its stated purposes or 19 practices, or holds itself out as available to practice, 20 professional engineering shall be registered with the 21 Department pursuant to the provisions set forth in this 22 Section. 23 Any sole proprietorship not owned and operated by an 24 Illinois licensed design professional licensed under this Act 25 shall be prohibited from offering professional engineering 26 services to the public. Any sole proprietorship owned and 27 operated by a professional engineer with an active license 28 issued under this Act and conducting or transacting such 29 business under an assumed name in accordance with the 30 provisions of the Assumed Business Name Act shall comply with 31 the registration requirements of a professional design firm. 32 Any sole proprietorship owned and operated by a professional 33 engineer with an active license issued under this Act and HB0708 Engrossed -523- LRB9203186EGfg 1 conducting or transacting such business under the real name 2 of the sole proprietor is exempt from the registration 3 requirements of a professional design firm. "Illinois 4 licensed design professional" means a person who holds an 5 active license as a professional engineer under this Act, as 6 an architect under the Illinois Architecture Practice Act of 7 1989, or as a structural engineer under the Structural 8 Engineering Practice Act of 1989. 9 (b) Any professional design firm seeking to be 10 registered pursuant to the provisions of this Section shall 11 not be registered unless one or more managing agents in 12 charge of professional engineering activities in this State 13 are designated by the professional design firm. Each 14 managing agent must at all times maintain a valid, active 15 license to practice professional engineering in Illinois. 16 No individual whose license to practice professional 17 engineering in this State is currently in a suspended or 18 revoked status shall act as a managing agent for a 19 professional design firm. 20 (c) Any business seeking to be registered under this 21 Section shall make application on a form provided by the 22 Department and shall provide such information as requested by 23 the Department, which shall include, but not be limited to: 24 (1) the name and license number of the person 25 designated as the managing agent in responsible charge of 26 the practice of professional engineering in Illinois. In 27 the case of a corporation, the corporation shall also 28 submit a certified copy of the resolution by the board of 29 directors designating the managing agent. In the case of 30 a limited liability company, the company shall submit a 31 certified copy of either its articles of organization or 32 operating agreement designating the managing agent; 33 (2) the names and license numbers of the directors, 34 in the case of a corporation, the members, in the case of HB0708 Engrossed -524- LRB9203186EGfg 1 a limited liability company, or general partners, in the 2 case of a partnership; 3 (3) a list of all office locations at which the 4 professional design firm provides professional 5 engineering services to the public; and 6 (4) a list of all assumed names of the business. 7 Nothing in this Section shall be construed to exempt a 8 professional design firm, sole proprietorship, or 9 professional service corporation from compliance with the 10 requirements of the Assumed Business Name Act. 11 It is the responsibility of the professional design firm 12 to provide the Department notice, in writing, of any changes 13 in the information requested on the application. 14 (d) The Department shall issue to each business a 15 certificate of registration to practice professional 16 engineering or offer the services of its licensees in this 17 State upon submittal of a proper application for registration 18 and payment of fees. The expiration date and renewal period 19 for each registration and renewal procedures shall be 20 established by rule. 21 (e) In the event a managing agent is terminated or 22 terminates his or her status as managing agent of the 23 professional design firm, the managing agent and professional 24 design firm shall notify the Department of this fact in 25 writing, by certified mail, within 10 business days of such 26 termination. Thereafter, the professional design firm, if it 27 has so informed the Department, shall have 30 days in which 28 to notify the Department of the name and license number of a 29 newly designated managing agent. If a corporation, the 30 corporation shall also submit a certified copy of a 31 resolution by the board of directors designating the new 32 managing agent. If a limited liability company, the company 33 shall also submit a certified copy of either its articles of 34 organization or operating agreement designating the new HB0708 Engrossed -525- LRB9203186EGfg 1 managing agent. The Department may, upon good cause shown, 2 extend the original 30 day period. 3 If the professional design firm has not notified the 4 Department in writing, by certified mail within the specified 5 time, the registration shall be terminated without prior 6 hearing. Notification of termination shall be sent by 7 certified mail to the last known address of the business. If 8 the professional design firm continues to operate and offer 9 professional engineering services after the termination, the 10 Department may seek prosecution under Sections 24, 39, and 40 11 of this Act for the unlicensed practice of professional 12 engineering. 13 (f) No professional design firm shall be relieved of 14 responsibility for the conduct or acts of its agent, 15 employees, members, managers, or officers by reason of its 16 compliance with this Section, nor shall any individual 17 practicing professional engineering be relieved of the 18 responsibility for professional services performed by reason 19 of the individual's employment or relationship with a 20 professional design firm registered under this Section. 21 (g) Disciplinary action against a professional design 22 firm registered under this Section shall be administered in 23 the same manner and on the same grounds as disciplinary 24 action against a licensed professional engineer. All 25 disciplinary action taken or pending against a corporation or 26 partnership before the effective date of this amendatory Act 27 of 1993 shall be continued or remain in effect without the 28 Department filing separate actions. 29 (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; revised 30 10-7-99.) 31 (225 ILCS 325/44) (from Ch. 111, par. 5244) 32 Sec. 44. Fund; appropriations; investments; audits. 33 Moneys deposited in the Design Professionals Administration HB0708 Engrossed -526- LRB9203186EGfg 1 and Investigation Fund shall be appropriated to the 2 Department exclusively for expenses of the Department and the 3 Board in the administration of this Act, the Illinois 4 Professional Land Surveyor Act of 1989, the Illinois 5 Architecture Practice Act, and the Structural Engineering 6 Practice Act of 1989. The expenses of the Department under 7 this Act shall be limited to the ordinary and contingent 8 expenses of the Design Professionals Dedicated Employees 9 within the Department as established under Section 2105-75 of 10 the Department of Professional Regulation Law (20 ILCS 11 2105/2105-75) and other expenses related to the 12 administration and enforcement of this Act. 13 Moneys from the Fund may also be used for direct and 14 allocable indirect costs related to the public purposes of 15 the Department of Professional Regulation. Moneys in the 16 Fund may be transferred to the Professions Indirect Cost Fund 17 as authorized by Section 2105-300 of the Department of 18 Professional Regulation Law (20 ILCS 2105/2105-300). 19 Moneys in the Design Professionals Administration and 20 Investigation Fund may be invested and reinvested with all 21 earnings received from the investments to be deposited in the 22 Design Professionals Administration and Investigation Fund 23 and used for the same purposes as fees deposited in the Fund. 24 All fines and penalties under Section 24, Section 39, 25 Section 42, and Section 43 shall be deposited in the Design 26 Professionals Administration and Investigation Fund. 27 Upon the completion of any audit of the Department as 28 prescribed by the Illinois State Auditing Act that audit 29 includes an audit of the Design Professionals Administration 30 and Investigation Fund, the Department shall make the audit 31 report open to inspection by any interested person. The copy 32 of the audit report required to be submitted to the 33 Department by this Section is in addition to copies of audit 34 reports required to be submitted to other State officers and HB0708 Engrossed -527- LRB9203186EGfg 1 agencies by Section 3-14 of the Illinois State Auditing Act. 2 (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 91-239, 3 eff. 1-1-00; revised 10-7-99.) 4 (225 ILCS 325/47) (from Ch. 111, par. 5247) 5 Sec. 47. Practice of structural engineering or 6 architecture. 7 (a) No professional engineer mayshallpracticeeither8 structural engineering as defined in the Structural 9 Engineering Practice Act of 1989or architecture as defined10in the Illinois Architecture Practice Act of 1989unless he 11 or she is licensed underpursuant tothe provisions of that 12 Act.either the Structural Engineering Licensing Act of 198913or the Illinois Architecture Practice Act, respectively.14 (b) No professional engineer may practice architecture 15 as defined in the Illinois Architecture Practice Act of 1989 16 unless he or she is licensed under the provisions of that 17 Act. 18 (Source: P.A. 91-91, eff. 1-1-00; revised 2-23-00.) 19 Section 69. The Illinois Professional Land Surveyor Act 20 of 1989 is amended by changing Sections 4 and 48 as follows: 21 (225 ILCS 330/4) (from Ch. 111, par. 3254) 22 Sec. 4. Definitions. As used in this Act: 23 (a) "Department" means the Department of Professional 24 Regulation. 25 (b) "Director" means the Director of Professional 26 Regulation. 27 (c) "Board" means the Land Surveyors Licensing Board. 28 (d) "Direct supervision and control" means the personal 29 review by a Licensed Professional Land Surveyor of each 30 survey, including, but not limited to, procurement, research, 31 field work, calculations, preparation of legal descriptions HB0708 Engrossed -528- LRB9203186EGfg 1 and plats. The personal review shall be of such a nature as 2 to assure the client that the Professional Land Surveyor or 3 the firm for which the Professional Land Surveyor is employed 4 is the provider of the surveying services. 5 (e) "Responsible charge" means an individual responsible 6 for the various components of the land survey operations 7 subject to the overall supervision and control of the 8 Professional Land Surveyor. 9 (f) "Design professional" means a land surveyor, 10 architect, structural engineer, or professional engineer 11 practicing in conformance with this Act, the Illinois 12 Architecture Practice Act of 1989, the Structural Engineering 13 Practice Act of 1989, or the Professional Engineering 14 Practice Act of 1989. 15 (g) "Professional Land Surveyor" means any person 16 licensed under the laws of the State of Illinois to practice 17 land surveying, as defined by this Act or its rules. 18 (h) "Land Surveyor-in-Training" means any person 19 licensed under the laws of the State of Illinois who has 20 qualified for, taken, and passed an examination in the 21 fundamental land surveyor-in-training subjects as provided by 22 this Act or its rules. 23 (i) "Land surveying experience" means those activities 24 enumerated in Section 5 of this Act, which, when exercised in 25 combination, to the satisfaction of the Board, is proof of an 26 applicant's broad range of training in and exposure to the 27 prevailing practice of land surveying. 28 (Source: P.A. 91-91, eff. 1-1-00; 91-132, eff. 1-1-00; 29 revised 10-7-99.) 30 (225 ILCS 330/48) (from Ch. 111, par. 3298) 31 Sec. 48. Fund, appropriations, investments and audits. 32 The moneys deposited in the Design Professionals 33 Administration and Investigation Fund from fines and fees HB0708 Engrossed -529- LRB9203186EGfg 1 under this Act shall be appropriated to the Department 2 exclusively for expenses of the Department and the Board in 3 the administration of this Act, the Illinois Architecture 4 Practice Act, the Professional Engineering Practice Act of 5 1989, and the Structural Engineering Practice Act of 1989. 6 The expenses of the Department under this Act shall be 7 limited to the ordinary and contingent expenses of the Design 8 Professionals Dedicated Employees within the Department as 9 established under Section 2105-75 of the Department of 10 Professional Regulation Law (20 ILCS 2105/2105-75) and other 11 expenses related to the administration and enforcement of 12 this Act. 13 Moneys from the Fund may also be used for direct and 14 allocable indirect costs related to the public purposes of 15 the Department of Professional Regulation. Moneys in the 16 Fund may be transferred to the Professions Indirect Cost Fund 17 as authorized by Section 2105-300 of the Department of 18 Professional Regulation Law (20 ILCS 2105/2105-300). 19 Moneys in the Design Professionals Administration and 20 Investigation Fund may be invested and reinvested with all 21 earnings received from the investments to be deposited in the 22 Design Professionals Administration and Investigation Fund 23 and used for the same purposes as fees deposited in that 24 Fund. 25 Upon the completion of any audit of the Department as 26 prescribed by the Illinois State Auditing Act that includes 27 an audit of the Design Professionals Administration and 28 Investigation Fund, the Department shall make the audit open 29 to inspection by any interested person. The copy of the 30 audit report required to be submitted to the Department by 31 this Section is in addition to copies of audit reports 32 required to be submitted to other State officers and agencies 33 by Section 3-14 of the Illinois State Auditing Act. 34 (Source: P.A. 91-91, eff. 1-1-00; 91-239, eff. 1-1-00; HB0708 Engrossed -530- LRB9203186EGfg 1 revised 10-7-99.) 2 Section 69.5. The Auction License Act is amended by 3 changing Section 5-10 as follows: 4 (225 ILCS 407/5-10) 5 Sec. 5-10. Definitions.,As used in this Act: 6 "Advertisement" means any written, oral, or electronic 7 communication that contains a promotion, inducement, or offer 8 to conduct an auction or offer to provide an auction service, 9 including but not limited to brochures, pamphlets, radio and 10 television scripts, telephone and direct mail solicitations, 11 electronic media, and other means of promotion. 12 "Advisory Board" means the Auctioneer Advisory Board. 13 "Associate auctioneer" means a person who conducts an 14 auction, but who is under the direct supervision of, and is 15 sponsored by, a licensed auctioneer or auction firm. 16 "Auction" means the sale or lease of property, real or 17 personal, by means of exchanges between an auctioneer or 18 associate auctioneer and prospective purchasers or lessees, 19 which consists of a series of invitations for offers made by 20 the auctioneer or associate auctioneer and offers by 21 prospective purchasers or lessees for the purpose of 22 obtaining an acceptable offer for the sale or lease of the 23 property, including the sale or lease of property via mail, 24 telecommunications, or the Internet. 25 "Auction contract" means a written agreement between an 26 auctioneer, associate auctioneer, oranauction firm and a 27 seller or sellers. 28 "Auction firm" means any corporation, partnership, or 29 limited liability company that acts as an auctioneer and 30 provides an auction service. 31 "Auction school" means any educational institution, 32 public or private, which offers a curriculum of auctioneer HB0708 Engrossed -531- LRB9203186EGfg 1 education and training approved by the Office of Banks and 2 Real Estate. 3 "Auction service" means the service of arranging, 4 managing, advertising, or conducting auctions. 5 "Auctioneer" means a person or entity who, for another, 6 for a fee, compensation, commission, or any other valuable 7 consideration at auction or with the intention or expectation 8 of receiving valuable consideration by the means of or 9 process of an auction or sale at auction or providing an 10 auction service, offers, negotiates, or attempts to negotiate 11 an auction contract, sale, purchase, or exchange of goods, 12 chattels, merchandise, personal property, real property, or 13 any commodity that may be lawfully kept or offered for sale 14 by or at auction. 15 "Commissioner" means the Commissioner of the Office of 16 Banks and Real Estate or his or her designee. 17 "Director" means the Director of Auction Regulation. 18 "Goods" means chattels, movable goods, merchandise, or 19 personal property or commodities of any form or type that may 20 be lawfully kept or offered for sale. 21 "Licensee" means any person licensed under this Act. 22 "Managing auctioneer" means any person licensed as an 23 auctioneer who manages and supervises licensees sponsored by 24 an auction firm or auctioneer. 25 "OBRE" means the Office of Banks and Real Estate. 26 "Person" means an individual, association, partnership, 27 corporation, or limited liability company or the officers, 28 directors, or employees of the same. 29 "Pre-renewal period" means the 24 months prior to the 30 expiration date of a license issued under this Act. 31 "Sponsoring auctioneer" means the auctioneer or auction 32 firm who has issued a sponsor card to a licensed associate 33 auctioneer or auctioneer. 34 "Sponsor card" meansshall meanthe temporary permit HB0708 Engrossed -532- LRB9203186EGfg 1 issued by the sponsoring auctioneer certifying that the 2 licensee named thereon is employed by or associated with the 3 sponsoring auctioneer and the sponsoring auctioneer shall be 4 responsible for the actions of the sponsored licensee. 5 (Source: P.A. 91-603, eff. 1-1-00; revised 3-20-00.) 6 Section 70. The Private Detective, Private Alarm, 7 Private Security, and Locksmith Act of 1993 is amended by 8 changing Section 30 as follows: 9 (225 ILCS 446/30) 10 Sec. 30. Exemptions. 11 (a) This Act does not apply to: 12 (1) An officer or employee of the United States, 13 this State, or any political subdivision of either while 14 the officer or employee is engaged in the performance of 15 his or her official duties within the course and scope of 16 his or her employment with the United States, this State, 17 or any political subdivision of either. However, any 18 person who offers his or her services as a private 19 detective or private security contractor, or any title 20 when similar services are performed for compensation, 21 fee, or other valuable consideration, whether received 22 directly or indirectly, is subject to this Act and its 23 licensing requirements. 24 (2) An attorney-at-law licensed to practice in 25 Illinois while engaging in the practice of law. 26 (3) A person engaged exclusively in the business of 27 obtaining and furnishing information as to the financial 28 rating or credit worthiness of persons; and a person who 29 provides consumer reports in connection with: 30 (i) Credit transactions involving the consumer 31 on whom the information is to be furnished and 32 involving the extensions of credit to the consumer. HB0708 Engrossed -533- LRB9203186EGfg 1 (ii) Information for employment purposes. 2 (iii) Information for the underwriting of 3 insurance involving the consumer. 4 (4) Insurance adjusters legally employed or under 5 contract as adjusters and who engage in no other 6 investigative activities other than those directly 7 connected with adjustment of claims against an insurance 8 company or self-insured by which they are employed or 9 with which they have a contract. No insurance adjuster 10 or company may utilize the term "investigation" or any 11 derivative thereof in its company name or in its 12 advertising other than for the handling of insurance 13 claims. 14 For the purposes of this Code, "insurance adjuster" 15 includes any person expressly authorized to act on behalf 16 of an insurance company or self-insured and any employee 17 thereof who acts or appears to act on behalf of the 18 insurance company or self-insured in matters relating to 19 claims, including but not limited to independent 20 contractors while performing claim services at the 21 direction of the company. 22 (5) A person engaged exclusively and employed by a 23 person, firm, association, or corporation in the business 24 of transporting persons or property in interstate 25 commerce and making an investigation related to the 26 business of that employer. 27 (6) Any person, watchman, or guard employed 28 exclusively and regularly by one employer in connection 29 with the affairs of that employer only and there exists 30 an employer/employee relationship. 31 (7) Any law enforcement officer, as defined in the 32 Illinois Police Training Act, who has successfully 33 completed the requirements of basic law enforcement and 34 firearms training as prescribed by the Illinois Law HB0708 Engrossed -534- LRB9203186EGfg 1 Enforcement Training Standards Board, employed by an 2 employer in connection with the affairs of that employer, 3 provided he or she is exclusively employed by the 4 employer during the hours or times he or she is scheduled 5 to work for that employer, and there exists an employer 6 and employee relationship. 7 In this subsection an "employee" is a person who is 8 employed by an employer who has the right to control and 9 direct the employee who performs the services in 10 question, not only as to the result to be accomplished by 11 the work, but also as to the details and means by which 12 the result is to be accomplished; and an "employer" is 13 any person or entity, with the exception of a private 14 detective, private detective agency, private security 15 contractor, private security contractor agency, private 16 alarm contractor, or private alarm contractor agency, 17 whose purpose it is to hire persons to perform the 18 business of a private detective, private detective 19 agency, private security contractor, private security 20 contractor agency, private alarm contractor, or private 21 alarm contractor agency. 22 (8) A person who sells burglar alarm systems and 23 does not install, monitor, maintain, alter, repair, 24 service, or respond to burglar alarm systems at protected 25 premises or premises to be protected, provided: 26 (i) The burglar alarm systems are 27 approved either by Underwriters Laboratories or 28 another authoritative source recognized by the 29 Department and are identified by a federally 30 registered trademark. 31 (ii) The owner of the trademark has 32 expressly authorized the person to sell the 33 trademark owner's products, and the person 34 provides proof of this authorization upon the HB0708 Engrossed -535- LRB9203186EGfg 1 request of the Department. 2 (iii) The owner of the trademark 3 maintains, and provides upon the Department's 4 request, a certificate evidencing insurance for 5 bodily injury or property damage arising from 6 faulty or defective products in an amount not 7 less than $1,000,000 combined single limit; 8 provided that the policy of insurance need not 9 relate exclusively to burglar alarm systems. 10 (9) A person who sells, installs, maintains, or 11 repairs automobile alarm systems. 12 (9-5) A person, firm, or corporation engaged solely 13 and exclusively in tracing and compiling lineage or 14 ancestry. 15 (10) A person employed as either an armed or 16 unarmed security guard at a nuclear energy, storage, 17 weapons or development site or facility regulated by the 18 Nuclear Regulatory Commission who has completed the 19 background screening and training mandated by the rules 20 and regulations of the Nuclear Regulatory Commission. 21 (b) Nothing in this Act prohibits any of the following: 22 (A) Servicing, installing, repairing, or rebuilding 23 automotive locks by automotive service dealers, as long 24 as they do not hold themselves out to the public as 25 locksmiths. 26 (B) Police, fire, or other municipal employees from 27 opening a lock in an emergency situation, as long as they 28 do not hold themselves out to the public as locksmiths. 29 (C) Any merchant or retail or hardware store from 30 duplicating keys, from installing, servicing, repairing, 31 rebuilding, reprogramming, or maintaining electronic 32 garage door devices or from selling locks or similar 33 security accessories not prohibited from sale by the 34 State of Illinois, as long as they do not hold themselves HB0708 Engrossed -536- LRB9203186EGfg 1 out to the public as locksmiths. 2 (D) The installation or removal of complete locks 3 or locking devices by members of the building trades when 4 doing so in the course of residential or commercial new 5 construction or remodeling, as long as they do not hold 6 themselves out to the public as locksmiths. 7 (E) The employees of towing services, repossessors, 8 or auto clubs from opening automotive locks in the normal 9 course of their duties, as long as they do not hold 10 themselves out to the public as locksmiths. Additionally, 11 this Act shall not prohibit employees of towing services 12 from opening motor vehicle locks to enable a vehicle to 13 be moved without towing, provided that the towing service 14 does not hold itself out to the public, by yellow page 15 advertisement, through a sign at the facilities of the 16 towing service, or by any other advertisement, as a 17 locksmith. 18 (F) The practice of locksmithing by students in the 19 course of study in programs approved by the Department, 20 provided that the students do not hold themselves out to 21 the public as locksmiths. 22 (G) Servicing, installing, repairing, or rebuilding 23 locks by a lock manufacturer or anyone employed by a lock 24 manufacturer, as long as they do not hold themselves out 25 to the public as locksmiths. 26 (H) The provision of any of the products or 27 services in the practice of locksmithing as identified in 28 Section 5 of this Act by a business licensed by the State 29 of Illinois as a private alarm contractor or private 30 alarm contractor agency, as long as the principal purpose 31 of the services provided to a customer is not the 32 practice of locksmithing and the business does not hold 33 itself out to the public as a locksmith agency. 34 (I) Any maintenance employee of a property HB0708 Engrossed -537- LRB9203186EGfg 1 management company at a multi-family residential building 2 from servicing, installing, repairing, or opening locks 3 for tenants as long as the maintenance employee does not 4 hold himself or herself out to the public as a locksmith. 5 (J) A person, firm, or corporation from engaging in 6 fire protection engineering, including the design, 7 testing, and inspection of fire protection systems. 8 (K) The practice of professional engineering as 9 defined in the Professional Engineering Practice Act of 10 1989. 11 (L) The practice of structural engineering as 12 defined in the Structural Engineering Practice Act of 13 1989. 14 (M) The practice of architecture as defined in the 15 Illinois Architecture Practice Act of 1989. 16 (N) The activities of persons or firms licensed 17 under the Illinois Public Accounting Act if performed in 18 the course of their professional practice. 19 (c) This Act does not prohibit any persons legally 20 regulated in this State under any other Act from engaging in 21 the practice for which they are licensed, provided that they 22 do not represent themselves by any title prohibited by this 23 Act. 24 (Source: P.A. 90-436, eff. 1-1-98; 90-633, eff. 7-24-98; 25 91-91, eff. 1-1-00; 91-287, eff. 1-1-00; revised 10-7-99.) 26 Section 71. The Real Estate License Act of 2000 is 27 amended by changing Sections 5-20 and 15-20 as follows: 28 (225 ILCS 454/5-20) 29 Sec. 5-20. Exemptions from broker, salesperson, or 30 leasing agent license requirement. The requirement for 31 holding a license under this Article 5 shall not apply to: 32 (1) Any person, partnership, or corporation that as HB0708 Engrossed -538- LRB9203186EGfg 1 owner or lessor performs any of the acts described in the 2 definition of "broker" under Section 1-10 of this Act with 3 reference to property owned or leased by it, or to the 4 regular employees thereof with respect to the property so 5 owned or leased, where such acts are performed in the regular 6 course of or as an incident to the management, sale, or other 7 disposition of such property and the investment therein, 8 provided that such regular employees do not perform any of 9 the acts described in the definition of "broker" under 10 Section 1-10 of this Act in connection with a vocation of 11 selling or leasing any real estate or the improvements 12 thereon not so owned or leased. 13 (2) An attorney in fact acting under a duly executed and 14 recorded power of attorney to convey real estate from the 15 owner or lessor or the services rendered by an attorney at 16 law in the performance of the attorney's duty as an attorney 17 at law. 18 (3) Any person acting as receiver, trustee in 19 bankruptcy, administrator, executor, or guardian or while 20 acting under a court order or under the authority of a will 21 or testamentary trust. 22 (4) Any person acting as a resident manager for the 23 owner or any employee acting as the resident manager for a 24 broker managing an apartment building, duplex, or apartment 25 complex, when the resident manager resides on the premises, 26 the premises is his or her primary residence, and the 27 resident manager is engaged in the leasing of the property of 28 which he or she is the resident manager. 29 (5) Any officer or employee of a federal agency in the 30 conduct of official duties. 31 (6) Any officer or employee of the State government or 32 any political subdivision thereof performing official duties. 33 (7) Any multiple listing service or other information 34 exchange that is engaged in the collection and dissemination HB0708 Engrossed -539- LRB9203186EGfg 1 of information concerning real estate available for sale, 2 purchase, lease, or exchange along with which no other 3 licensed activities are provided. 4 (8) Railroads and other public utilities regulated by 5 the State of Illinois, or the officers or full time employees 6 thereof, unless the performance of any licensed activities is 7 in connection with the sale, purchase, lease, or other 8 disposition of real estate or investment therein not needing 9 the approval of the appropriate State regulatory authority. 10 (9) Any medium of advertising in the routine course of 11 selling or publishing advertising along with which no other 12 licensed activities are provided. 13 (10) Any resident lessee of a residential dwelling unit 14 who refers for compensation to the owner of the dwelling 15 unit, or to the owner's agent, prospective lessees of 16 dwelling units in the same building or complex as the 17 resident lessee's unit, but only if the resident lessee (i) 18 refers no more than 3 prospective lessees in any 12-month 19 period, (ii) receives compensation of no more than $1,000 or 20 the equivalent of one month's rent, whichever is less, in any 21 12-month period, and (iii) limits his or her activities to 22 referring prospective lessees to the owner, or the owner's 23 agent, and does not show a residential dwelling unit to a 24 prospective lessee, discuss terms or conditions of leasing a 25 dwelling unit with a prospective lessee, or otherwise 26 participate in the negotiation of the leasing of a dwelling 27 unit. 28 (11) An exchange company registered under the Real 29 Estate Timeshare Act of 1999 and the regular employees of 30 that registered exchange company but only when conducting an 31 exchange program as defined in that Act. 32 (12) An existing timeshare owner who, for compensation, 33 refers prospective purchasers, but only if the existing 34 timeshare owner (i) refers no more than 20 prospective HB0708 Engrossed -540- LRB9203186EGfg 1 purchasers in any calendar year, (ii) receives no more than 2 $1,000, or its equivalent, for referrals in any calendar year 3 and (iii) limits his or her activities to referring 4 prospective purchasers of timeshare interests to the 5 developer or the developer's employees or agents, and does 6 not show, discuss terms or conditions of purchase or 7 otherwise participate in negotiations with regard to 8 timeshare interests. 9 (13)(11)Any person who is licensed without examination 10 under Section 10-25 of the Auction License Act is exempt from 11 holding a broker's or salesperson's license under this Act 12 for the limited purpose of selling or leasing real estate at 13 auction, so long as: 14 (A) that person has made application for said 15 exemption by July 1, 2000; 16 (B) that person verifies to OBRE that he or 17 she has sold real estate at auction for a period of 18 5 years prior to licensure as an auctioneer; 19 (C) the person has had no lapse in his or her 20 license as an auctioneer; and 21 (D) the license issued under the Auction 22 License Act has not been disciplined for violation 23 of those provisions of Article 20 of the Auction 24 License Act dealing with or related to the sale or 25 lease of real estate at auction. 26 (Source: P.A. 91-245, eff. 12-31-99; 91-585, eff. 1-1-00; 27 91-603, eff. 1-1-00; revised 10-27-99.) 28 (225 ILCS 454/15-20) 29 Sec. 15-20. Failure to disclose information not 30 affecting physical condition. No cause of action shall arise 31 against a licensee for the failure to disclose: (i) that an 32 occupant of the property was afflicted with Human 33 Immunodeficiency Virus (HIV) or any other medical condition; HB0708 Engrossed -541- LRB9203186EGfg 1 (ii) that the property was the site of an act or occurrence 2 that had no effect on the physical condition of the property 3 or its environment or the structures located thereon; (iii) 4 fact situations on property that is not the subject of the 5 transaction; or (iv) physical conditions located on property 6 that is not the subject of the transaction that do not have a 7 substantial adverse effect on the value of the real estate 8 that is the subject of the transaction. 9 (Source: P.A. 91-245, eff. 12-31-99; revised 8-11-99.) 10 Section 72. The Meat and Poultry Inspection Act is 11 amended by changing Section 5 as follows: 12 (225 ILCS 650/5) (from Ch. 56 1/2, par. 305) 13 Sec. 5. Exemptions - Producers, Retailers, and Poultry 14 Raisers. 15 The following types of establishments are exempt from the 16 specific provisions of this Act: 17 (A) A "producer" means any person engaged in producing 18 agricultural products, for personal or family use, on whose 19 farm the number of animals or poultry is in keeping with the 20 size of the farm or with the volume or character of the 21 agricultural products produced thereon, but does not mean any 22 person engaged in producing agricultural products who: 23 1. actively engages in buying or trading animals or 24 poultry or both; or 25 2. actively engages directly or indirectly in 26 conducting a business which includes the slaughter of 27 animals or poultry or both, for human food purposes; or 28 3. actively engages, directly or indirectly, in 29 canning, curing, pickling, freezing, salting meat or 30 poultry, or in preparing meat or poultry products for 31 sale; or 32 4. slaughters or permits any person to slaughter on HB0708 Engrossed -542- LRB9203186EGfg 1 his or their farm animals or poultry not owned by the 2 producer for more than 30 days. 3 (A-5) Retail dealers or retail butchers with respect to 4 meat or poultry products sold directly to consumers in retail 5 stores; provided, that the only processing operation 6 performed by such retail dealers or retail butchers is the 7 cutting up of meat or poultry products which have been 8 inspected under the provisions of this Act and is incidental 9 to the operation of the retail food store. 10 (B) Poultry raisers with respect to poultry raised on 11 their own farms or premises (a) if such raisers slaughter, 12 eviscerate, or further process not more than 5,000 poultry 13 during the calendar year for which this exemption is being 14 granted; (b) such poultry raisers do not engage in buying or 15 selling poultry products other than those produced from 16 poultry raised on their own farms or premises; (c) such 17 poultry or poultry products are slaughtered, otherwise 18 prepared, sold or delivered to the consumer on or from the 19 premises for which the exemption is given; (d) such slaughter 20 or preparation shall be performed in sanitary facilities, in 21 a sanitary manner, and subject to periodic inspection by 22 Department personnel; (e) persons desiring such exemptions 23 shall submit in writing a request to the Department. The 24 exemption shall be effective upon written notice from the 25 Department and shall remain in effect for a period of 2 26 years, unless revoked. Adequate records must be maintained 27 to assure that not more than the number of exempted poultry 28 are slaughtered or processed in one calendar year. Such 29 records shall be kept for one year following the termination 30 of each exemption. Any advertisement regarding the exempt 31 poultry or poultry products shall reflect the fact of 32 exemption so as not to mislead the consumer to presume 33 official inspection has been made under The Meat and Poultry 34 Inspection Act. HB0708 Engrossed -543- LRB9203186EGfg 1 (Source: P.A. 91-170, eff. 1-1-00; 91-614, eff. 1-1-00; 2 revised 10-12-99.) 3 Section 73. The Illinois Horse Racing Act of 1975 is 4 amended by changing Sections 12.1 and 28 as follows: 5 (230 ILCS 5/12.1) (from Ch. 8, par. 37-12.1) 6 Sec. 12.1. (a) The General Assembly finds that the 7 Illinois Racing Industry does not include a fair proportion 8 of minority or female workers. 9 Therefore, the General Assembly urges that the job 10 training institutes, trade associations and employers 11 involved in the Illinois Horse Racing Industry take 12 affirmative action to encourage equal employment opportunity 13 to all workers regardless of race, color, creed or sex. 14 Before an organization license, inter-track wagering 15 license or inter-track wagering location license can be 16 granted, the applicant for any such license shall execute and 17 file with the Board a good faith affirmative action plan to 18 recruit, train and upgrade minorities and females in all 19 classifications with the applicant for license. One year 20 after issuance of any such license, and each year thereafter, 21 the licensee shall file a report with the Board evidencing 22 and certifying compliance with the originally filed 23 affirmative action plan. 24 (b) At least 10% of the total amount of all State 25 contracts for the infrastructure improvement of any race 26 track grounds in this State shall be let to minority owned 27 businesses or female owned businesses. "State contract", 28 "minority owned business" and "female owned business" shall 29 have the meanings ascribed to them under theMinority and30FemaleBusiness Enterprise for Minorities, Females, and 31 Persons with Disabilities Act. 32 (Source: P.A. 89-16, eff. 5-30-95; revised 8-23-99.) HB0708 Engrossed -544- LRB9203186EGfg 1 (230 ILCS 5/28) (from Ch. 8, par. 37-28) 2 Sec. 28. Except as provided in subsection (g) of Section 3 27 of this Act, moneys collected shall be distributed 4 according to the provisions of this Section 28. 5 (a) Thirty per cent of the total of all monies received 6 by the State as privilege taxes shall be paid into the 7 Metropolitan Fair and Exposition Authority Reconstruction 8 Fund in the State treasury until such Fund contains 9 sufficient money to pay in full, both principal and interest, 10 all of the outstanding bonds issued pursuant to the Fair and 11 Exposition Authority Reconstruction Act, approved July 31, 12 1967, as amended, and thereafter shall be paid into the 13 Metropolitan Exposition Auditorium and Office Building Fund 14 in the State Treasury. 15 (b) Four and one-half per cent of the total of all 16 monies received by the State as privilege taxes shall be paid 17 into the State treasury into a special Fund to be known as 18 the"Metropolitan Exposition, Auditorium, and Office Building 19 Fund". 20 (c) Fifty per cent of the total of all monies received 21 by the State as privilege taxes under the provisions of this 22 Act shall be paid into the"Agricultural Premium Fund". 23 (d) Seven per cent of the total of all monies received 24 by the State as privilege taxes shall be paid into the Fair 25 and Exposition Fund in the State treasury; provided, however, 26 that when all bonds issued prior to July 1, 1984 by the 27 Metropolitan Fair and Exposition Authority shall have been 28 paid or payment shall have been provided for upon a refunding 29 of those bonds, thereafter 1/12 of $1,665,662 of such monies 30 shall be paid each month into the Build Illinois Fund, and 31 the remainder into the Fair and Exposition Fund. All excess 32 monies shall be allocated to the Department of Agriculture 33 for distribution to county fairs for premiums and 34 rehabilitation as set forth in the Agricultural Fair Act. HB0708 Engrossed -545- LRB9203186EGfg 1 (e) The monies provided for in Section 30 shall be paid 2 into the Illinois Thoroughbred Breeders Fund. 3 (f) The monies provided for in Section 31 shall be paid 4 into the Illinois Standardbred Breeders Fund. 5 (g) Until January 1, 2000, that part representing 1/2 of 6 the total breakage in Thoroughbred, Harness, Appaloosa, 7 Arabian, and Quarter Horse racing in the State shall be paid 8 into the"Illinois Race Track Improvement Fund"as 9 established in Section 32. 10 (h) All other monies received by the Board under this 11 Act shall be paid into the General Revenue Fund of the State. 12 (i) The salaries of the Board members, secretary, 13 stewards, directors of mutuels, veterinarians, 14 representatives, accountants, clerks, stenographers, 15 inspectors and other employees of the Board, and all expenses 16 of the Board incident to the administration of this Act, 17 including, but not limited to, all expenses and salaries 18 incident to the taking of saliva and urine samples in 19 accordance with the rules and regulations of the Board shall 20 be paid out of the Agricultural Premium Fund. 21 (j) The Agricultural Premium Fund shall also be used: 22 (1) for the expenses of operating the Illinois 23 State Fair and the DuQuoin State Fair, including the 24 payment of prize money or premiums; 25 (2) for the distribution to county fairs, 26 vocational agriculture section fairs, agricultural 27 societies, and agricultural extension clubs in accordance 28 with the"Agricultural Fair Act", as amended; 29 (3) for payment of prize monies and premiums 30 awarded and for expenses incurred in connection with the 31 International Livestock Exposition and the Mid-Continent 32 Livestock Exposition held in Illinois, which premiums, 33 and awards must be approved, and paid by the Illinois 34 Department of Agriculture; HB0708 Engrossed -546- LRB9203186EGfg 1 (4) for personal service of county agricultural 2 advisors and county home advisors; 3 (5) for distribution to agricultural home economic 4 extension councils in accordance with "An Act in relation 5 to additional support and finance for the Agricultural 6 and Home Economic Extension Councils in the several 7 counties in this State and making an appropriation 8 therefor", approved July 24, 1967, as amended; 9 (6) for research on equine disease, including a 10 development center therefor; 11 (7) for training scholarships for study on equine 12 diseases to students at the University of Illinois 13 College of Veterinary Medicine; 14 (8) for the rehabilitation, repair and maintenance 15 of the Illinois and DuQuoin State Fair Grounds and the 16 structures and facilities thereon and the construction of 17 permanent improvements on such Fair Grounds, including 18 such structures, facilities and property located on such 19 State Fair Grounds which are under the custody and 20 control of the Department of Agriculture; 21 (9) for the expenses of the Department of 22 Agriculture under Section 5-530 of the Departments of 23 State Government Law (20 ILCS 5/5-530); 24 (10) for the expenses of the Department of Commerce 25 and Community Affairs under Sections 605-620, 605-625, 26 and 605-630 of the Department of Commerce and Community 27 Affairs Law (20 ILCS 605/605-620, 605/605-625, and 28 605/605-630); 29 (11) for remodeling, expanding, and reconstructing 30 facilities destroyed by fire of any Fair and Exposition 31 Authority in counties with a population of 1,000,000 or 32 more inhabitants; 33 (12) for the purpose of assisting in the care and 34 general rehabilitation of disabled veterans of any war HB0708 Engrossed -547- LRB9203186EGfg 1 and their surviving spouses and orphans; 2 (13) for expenses of the Department of State Police 3 for duties performed under this Act; 4 (14) for the Department of Agriculture for soil 5 surveys and soil and water conservation purposes; 6 (15) for the Department of Agriculture for grants 7 to the City of Chicago for conducting the Chicagofest. 8 (k) To the extent that monies paid by the Board to the 9 Agricultural Premium Fund are in the opinion of the Governor 10 in excess of the amount necessary for the purposes herein 11 stated, the Governor shall notify the Comptroller and the 12 State Treasurer of such fact, who, upon receipt of such 13 notification, shall transfer such excess monies from the 14 Agricultural Premium Fund to the General Revenue Fund. 15 (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 16 revised 8-9-99.) 17 Section 75. The Grain Code is amended by changing 18 Sections 1-10 and 1-15 as follows: 19 (240 ILCS 40/1-10) 20 Sec. 1-10. Definitions. As used in this Act: 21 "Board" means the governing body of the Illinois Grain 22 Insurance Corporation. 23 "Certificate" means a document, other than the license, 24 issued by the Department that certifies that a grain dealer's 25 license has been issued and is in effect. 26 "Claimant" means: 27 (a) a person, including, without limitation, a lender: 28 (1) who possesses warehouse receipts issued from an 29 Illinois location covering grain owned or stored by a 30 failed warehouseman; or 31 (2) who has other written evidence of a storage 32 obligation of a failed warehouseman issued from an HB0708 Engrossed -548- LRB9203186EGfg 1 Illinois location in favor of the holder, including, but 2 not limited to, scale tickets, settlement sheets, and 3 ledger cards; or 4 (3) who has loaned money to a warehouseman and was 5 to receive a warehouse receipt issued from an Illinois 6 location as security for that loan, who surrendered 7 warehouse receipts as part of a grain sale at an Illinois 8 location, or who delivered grain out of storage with the 9 warehouseman as part of a grain sale at an Illinois 10 location; and 11 (i) the grain dealer or warehouseman failed 12 within 21 days after the loan of money, the 13 surrender of warehouse receipts, or the delivery of 14 grain, as the case may be, and no warehouse receipt 15 was issued or payment in full was not made on the 16 grain sale, as the case may be; or 17 (ii) written notice was given by the person to 18 the Department within 21 days after the loan of 19 money, the surrender of warehouse receipts, or the 20 delivery of grain, as the case may be, stating that 21 no warehouse receipt was issued or payment in full 22 made on the grain sale, as the case may be; or 23 (b) a producer not included in item (a)(3) in the 24 definition of "Claimant" who possesses evidence of the sale 25 at an Illinois location of grain delivered to a failed grain 26 dealer and who was not paid in full. 27 "Class I warehouseman" means a warehouseman who is 28 authorized to issue negotiable and non-negotiable warehouse 29 receipts. 30 "Class II warehouseman" means a warehouseman who is 31 authorized to issue only non-negotiable warehouse receipts. 32 "Code" means the Grain Code. 33 "Collateral" means: 34 (a) irrevocable letters of credit; HB0708 Engrossed -549- LRB9203186EGfg 1 (b) certificates of deposit; 2 (c) cash or a cash equivalent; or 3 (d) any other property acceptable to the Department to 4 the extent there exists equity in that property. For the 5 purposes of this item (d), "equity" is the amount by which 6 the fair market value of the property exceeds the amount owed 7 to a creditor who has a valid, prior, perfected security 8 interest in or other lien on the property. 9 "Corporation" means the Illinois Grain Insurance 10 Corporation. 11 "Daily position record" means a grain inventory 12 accountability record maintained on a daily basis that 13 includes an accurate reflection of changes in grain 14 inventory, storage obligations, company-owned inventory by 15 commodity, and other information that is required by the 16 Department. 17 "Daily grain transaction report" means a record of the 18 daily transactions of a grain dealer showing the amount of 19 all grain received and shipped during each day and the amount 20 on hand at the end of each day. 21 "Date of delivery of grain" means: 22 (a) the date grain is delivered to a grain dealer for 23 the purpose of sale; 24 (b) the date grain is delivered to a warehouseman for 25 the purpose of storage; or 26 (c) in reference to grain in storage with a 27 warehouseman, the date a warehouse receipt representing 28 stored grain is delivered to the issuer of the warehouse 29 receipt for the purpose of selling the stored grain or, if no 30 warehouse receipt was issued: 31 (1) the date the purchase price for stored grain is 32 established; or 33 (2) if sold by price later contract, the date of 34 the price later contract. HB0708 Engrossed -550- LRB9203186EGfg 1 "Department" means the Illinois Department of 2 Agriculture. 3 "Depositor" means a person who has evidence of a storage 4 obligation from a warehouseman. 5 "Director", unless otherwise provided, means the Illinois 6 Director of Agriculture, or the Director's designee. 7 "Emergency storage" means space measured in bushels and 8 used for a period of time not to exceed 3 months for storage 9 of grain as a consequence of an emergency situation. 10 "Equity assets" means: 11 (a) The equity in any property of the licensee or failed 12 licensee, other than grain assets. For purposes of this item 13 (a): 14 (1) "equity" is the amount by which the fair market 15 value of the property exceeds the amount owed to a 16 creditor who has a valid security interest in or other 17 lien on the property that was perfected before the date 18 of failure of the licensee; 19 (2) a creditor is not deemed to have a valid 20 security interest or other lien on property if (i) the 21 property can be directly traced as being from the sale of 22 grain by the licensee or failed licensee; (ii) the 23 security interest was taken as additional collateral on 24 account of an antecedent debt owed to the creditor; and 25 (iii) the security interest or other lien was perfected 26 (A) on or within 90 days before the date of failure of 27 the licensee or (B) when the creditor is a related 28 person, within one year of the date of failure of the 29 licensee. 30 "Failure" means, in reference to a licensee: 31 (a) a formal declaration of insolvency; 32 (b) a revocation of a license; 33 (c) a failure to apply for license renewal, leaving 34 indebtedness to claimants; HB0708 Engrossed -551- LRB9203186EGfg 1 (d) a denial of license renewal, leaving indebtedness to 2 claimants; or 3 (e) a voluntary surrender of a license, leaving 4 indebtedness to claimants. 5 "Federal warehouseman" means a warehouseman licensed by 6 the United States government under the United States 7 Warehouse Act (7 U.S.C. 241 et seq.). 8 "Fund" means the Illinois Grain Insurance Fund. 9 "Grain" means corn, soybeans, wheat, oats, rye, barley, 10 grain sorghum, canola, buckwheat, flaxseed, edible soybeans, 11 and other like agricultural commodities designated by rule. 12 "Grain assets" means: 13 (a) all grain owned and all grain stored by a licensee 14 or failed licensee, wherever located; 15 (b) redeposited grain of a licensee or failed licensee; 16 (c) identifiable proceeds, including, but not limited 17 to, insurance proceeds, received by or due to a licensee or 18 failed licensee resulting from the sale, exchange, 19 destruction, loss, or theft of grain, or other disposition of 20 grain by the licensee or failed licensee; or 21 (d) assets in hedging or speculative margin accounts 22 held by commodity or security exchanges on behalf of a 23 licensee or failed licensee and any moneys due or to become 24 due to a licensee or failed licensee, less any secured 25 financing directly associated with those assets or moneys, 26 from any transactions on those exchanges. 27 For purposes of this Act, storage charges, drying 28 charges, price later contract service charges, and other 29 grain service charges received by or due to a licensee or 30 failed licensee shall not be deemed to be grain assets, nor 31 shall such charges be deemed to be proceeds from the sale or 32 other disposition of grain by a licensee or a failed 33 licensee, or to have been directly or indirectly traceable 34 from, to have resulted from, or to have been derived in whole HB0708 Engrossed -552- LRB9203186EGfg 1 or in part from, or otherwise related to, the sale or other 2 disposition of grain by the licensee or failed licensee. 3 "Grain dealer" means a person who is licensed by the 4 Department to engage in the business of buying grain from 5 producers. 6 "Grain Indemnity Trust Account" means a trust account 7 established by the Director under Section 205-410 of the 8 Department of Agriculture Law (20 ILCS 205/205-410) that is 9 used for the receipt and disbursement of moneys paid from the 10 Fund and proceeds from the liquidation of and collection upon 11 grain assets, equity assets, collateral, or guarantees of or 12 relating to failed licensees. The Grain Indemnity Trust 13 Account shall be used to pay valid claims, authorized refunds 14 from the Fund, and expenses incurred in preserving, 15 liquidating, and collecting upon grain assets, equity assets, 16 collateral, and guarantees relating to failed licensees. 17 "Guarantor" means a person who assumes all or part of the 18 obligations of a licensee to claimants. 19 "Guarantee" means a document executed by a guarantor by 20 which the guarantor assumes all or part of the obligations of 21 a licensee to claimants. 22 "Incidental grain dealer" means a grain dealer who 23 purchases grain only in connection with a feed milling 24 operation and whose total purchases of grain from producers 25 during the grain dealer's fiscal year do not exceed $100,000. 26 "Licensed storage capacity" means the maximum grain 27 storage capacity measured in bushels approved by the 28 applicable licensing agency for use by a warehouseman. 29 "Licensee" means a grain dealer or warehouseman who is 30 licensed by the Department and a federal warehouseman that is 31 a participant in the Fund, under subsection (c) of Section 32 30-10. 33 "Official grain standards" means the official grade 34 designations as adopted by the United States Department of HB0708 Engrossed -553- LRB9203186EGfg 1 Agriculture under the United States Grain Standards Act and 2 regulations adopted under that Act (7 U.S.C. 71 et seq. and 7 3 CFR 810.201 et seq.). 4 "Permanent storage capacity" means the capacity of 5 permanent structures available for storage of grain on a 6 regular and continuous basis and measured in bushels. 7 "Person" means any individual or entity, including, but 8 not limited to, a sole proprietorship, a partnership, a 9 corporation, a cooperative, an association, a limited 10 liability company, an estate, or a trust. 11 "Price later contract" means a written contract for the 12 sale of grain whereby any part of the purchase price may be 13 established by the seller after delivery of the grain to a 14 grain dealer according to a pricing formula contained in the 15 contract. Title to the grain passes to the grain dealer at 16 the time of delivery. The precise form and the general terms 17 and conditions of the contract shall be established by rule. 18 "Producer" means the owner, tenant, or operator of land 19 who has an interest in and receives all or part of the 20 proceeds from the sale of the grain produced on the land. 21 "Producer protection holding corporation" means a holding 22 corporation to receive, hold title to, and liquidate assets 23 of or relating to a failed licensee, including assets in 24 reference to collateral or guarantees relating to a failed 25 licensee. 26 "Related persons" means affiliates of a licensee, key 27 persons of a licensee, owners of a licensee, and persons who 28 have control over a licensee. For the purposes of this 29 definition: 30 (a) "Affiliate" means a person who has direct or 31 indirect control of a licensee, is controlled by a 32 licensee, or is under common control with a licensee. 33 (b) "Key person" means an officer, a director, a 34 trustee, a partner, a proprietor, a manager, a managing HB0708 Engrossed -554- LRB9203186EGfg 1 agent, or the spouse of a licensee. An officer or a 2 director of an entity organized or operating as a 3 cooperative, however, shall not be considered to be a 4 "key person". 5 (c) "Owner" means the holder of: over 10% of the 6 total combined voting power of a corporation or over 10% 7 of the total value of shares of all classes of stock of a 8 corporation; over a 10% interest in a partnership; over 9 10% of the value of a trust computed actuarially; or over 10 10% of the legal or beneficial interest in any other 11 business, association, endeavor, or entity that is a 12 licensee. For purposes of computing these percentages, a 13 holder is deemed to own stock or other interests in a 14 business entity whether the ownership is direct or 15 indirect. 16 (d) "Control" means the power to exercise authority 17 over or direct the management or policies of a business 18 entity. 19 (e) "Indirect" means an interest in a business held 20 by the holder not through the holder's actual holdings in 21 the business, but through the holder's holdings in other 22 businesses. 23 (f) Notwithstanding any other provision of this 24 Act, the term "related person" does not include a lender, 25 secured party, or other lien holder solely by reason of 26 the existence of the loan, security interest, or lien, or 27 solely by reason of the lender, secured party, or other 28 lien holder having or exercising any right or remedy 29 provided by law or by agreement with a licensee or a 30 failed licensee. 31 "Successor agreement" means an agreement by which a 32 licensee succeeds to the grain obligations of a former 33 licensee. 34 "Temporary storage space" means space measured in bushels HB0708 Engrossed -555- LRB9203186EGfg 1 and used for 6 months or less for storage of grain on a 2 temporary basis due to a need for additional storage in 3 excess of permanent storage capacity. 4 "Trust account" means the Grain Indemnity Trust Account. 5 "Valid claim" means a claim, submitted by a claimant, 6 whose amount and category have been determined by the 7 Department, to the extent that determination is not subject 8 to further administrative review or appeal. 9 "Warehouse" means a building, structure, or enclosure in 10 which grain is stored for the public for compensation, 11 whether grain of different owners is commingled or whether 12 identity of different lots of grain is preserved. 13 "Warehouse receipt" means a receipt for the storage of 14 grain issued by a warehouseman. 15 "Warehouseman" means a person who is licensed: 16 (a) by the Department to engage in the business of 17 storing grain for compensation; or 18 (b) under the United States Warehouse Act who 19 participates in the Fund under subsection (c) of Section 20 30-10. 21 (Source: P.A. 91-213, eff. 7-20-99; 91-239, eff. 1-1-00; 22 revised 10-13-99.) 23 (240 ILCS 40/1-15) 24 Sec. 1-15. Powers and duties of Director. The Director 25 has all powers necessary and proper to fully and effectively 26 execute the provisions of this Code and has the general duty 27 to implement this Code. The Director's powers and duties 28 include, but are not limited to, the following: 29 (1) The Director may, upon application, issue or refuse 30 to issue licenses under this Code, and the Director may 31 extend, renew, reinstate, suspend, revoke, or accept 32 voluntary surrender of licenses under this Code. 33 (2) The Director shall examine and inspect each licensee HB0708 Engrossed -556- LRB9203186EGfg 1 at least once each calendar year. The Director may inspect 2 the premises used by a licensee at any time. The books, 3 accounts, records, and papers of a licensee are at all times 4 during business hours subject to inspection by the Director. 5 Each licensee may also be required to make reports of its 6 activities, obligations, and transactions that are deemed 7 necessary by the Director to determine whether the interests 8 of producers and the holders of warehouse receipts are 9 adequately protected and safeguarded. The Director may take 10 action or issue orders that in the opinion of the Director 11 are necessary to prevent fraud upon or discrimination against 12 producers or depositors by a licensee. 13 (3) The Director may, upon his or her initiative or upon 14 the written verified complaint of any person setting forth 15 facts that if proved would constitute grounds for a refusal 16 to issue or renew a license or for a suspension or revocation 17 of a license, investigate the actions of any person applying 18 for, holding, or claiming to hold a license or any related 19 party of that person. 20 (4) The Director (but not the Director's designee) may 21 issue subpoenas and bring before the Department any person 22 and take testimony either at an administrative hearing or by 23 deposition with witness fees and mileage fees and in the same 24 manner as prescribed in the Code of Civil Procedure. The 25 Director or the Director's designee may administer oaths to 26 witnesses at any proceeding that the Department is authorized 27 by law to conduct. The Director (but not the Director's 28 designee) may issue subpoenas duces tecum to command the 29 production of records relating to a licensee, guarantor, 30 related business, related person, or related party. Subpoenas 31 are subject to the rules of the Department. 32 (5) Notwithstanding other judicial remedies, the 33 Director may file a complaint and apply for a temporary 34 restraining order or preliminary or permanent injunction HB0708 Engrossed -557- LRB9203186EGfg 1 restraining or enjoining any person from violating or 2 continuing to violate this Code or its rules. 3 (6) The Director shall act as Trustee for the Trust 4 Account, act as Trustee over all collateral, guarantees, 5 grain assets, and equity assets held by the Department for 6 the benefit of claimants, and exercise certain powers and 7 perform related duties under Section 20-5 of this Code and 8 Section 205-410 of the Department of Agriculture Law (20 ILCS 9 205/205-410), except that the provisions of the Trust and 10 Trustees Act do not apply to the Trust Account or any other 11 trust created under this Code. 12 (7) The Director shall personally serve as president of 13 the Corporation. 14 (8) The Director shall collect and deposit all monetary 15 penalties, printer registration fees, funds, and assessments 16 authorized under this Code into the Fund. 17 (9) The Director may initiate any action necessary to 18 pay refunds from the Fund. 19 (10) The Director shall maintain a holding corporation 20 to receive, hold title to, and liquidate assets of or 21 relating to a failed licensee, including assets in reference 22 to collateral or guarantees, and deposit the proceeds into 23 the Fund. 24 (11) The Director may initiate, participate in, or 25 withdraw from any proceedings to liquidate and collect upon 26 grain assets, equity assets, collateral, and guarantees 27 relating to a failed licensee, including, but not limited to, 28 all powers needed to carry out the provisions of Section 29 20-15. 30 (12) The Director, as Trustee or otherwise, may take any 31 action that may be reasonable or appropriate to enforce this 32 Code and its rules. 33 (Source: P.A. 91-213, eff. 7-20-99; 91-239, eff. 1-1-00; 34 revised 10-13-99.) HB0708 Engrossed -558- LRB9203186EGfg 1 Section 76. The Illinois Public Aid Code is amended by 2 changing Sections 5-2, 5-5, 9-1, 10-3.1, 10-8, 10-10, 3 10-10.5, 10-11.1, 10-15, 10-16, 10-19, and 12-9 as follows: 4 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2) 5 Sec. 5-2. Classes of Persons Eligible. Medical 6 assistance under this Article shall be available to any of 7 the following classes of persons in respect to whom a plan 8 for coverage has been submitted to the Governor by the 9 Illinois Department and approved by him: 10 1. Recipients of basic maintenance grants under Articles 11 III and IV. 12 2. Persons otherwise eligible for basic maintenance 13 under Articles III and IV but who fail to qualify thereunder 14 on the basis of need, and who have insufficient income and 15 resources to meet the costs of necessary medical care, 16 including but not limited to the following: 17 (a) All persons otherwise eligible for basic 18 maintenance under Article III but who fail to qualify 19 under that Article on the basis of need and who meet 20 either of the following requirements: 21 (i) their income, as determined by the 22 Illinois Department in accordance with any federal 23 requirements, is equal to or less than 70% in fiscal 24 year 2001, equal to or less than 85% in fiscal year 25 2002, and equal to or less than 100% in fiscal year 26 2003 and thereafter of the nonfarm income official 27 poverty line, as defined by the federal Office of 28 Management and Budget and revised annually in 29 accordance with Section 673(2) of the Omnibus Budget 30 Reconciliation Act of 1981, applicable to families 31 of the same size; or 32 (ii) their income, after the deduction of 33 costs incurred for medical care and for other types HB0708 Engrossed -559- LRB9203186EGfg 1 of remedial care, is equal to or less than 70% in 2 fiscal year 2001, equal to or less than 85% in 3 fiscal year 2002, and equal to or less than 100% in 4 fiscal year 2003 and thereafter of the nonfarm 5 income official poverty line, as defined in item (i) 6 of this subparagraph (a). 7 (b) All persons who would be determined eligible 8 for such basic maintenance under Article IV by 9 disregarding the maximum earned income permitted by 10 federal law. 11 3. Persons who would otherwise qualify for Aid to the 12 Medically Indigent under Article VII. 13 4. Persons not eligible under any of the preceding 14 paragraphs who fall sick, are injured, or die, not having 15 sufficient money, property or other resources to meet the 16 costs of necessary medical care or funeral and burial 17 expenses. 18 5. (a) Women during pregnancy, after the fact of 19 pregnancy has been determined by medical diagnosis, and 20 during the 60-day period beginning on the last day of the 21 pregnancy, together with their infants and children born 22 after September 30, 1983, whose income and resources are 23 insufficient to meet the costs of necessary medical care 24 to the maximum extent possible under Title XIX of the 25 Federal Social Security Act. 26 (b) The Illinois Department and the Governor shall 27 provide a plan for coverage of the persons eligible under 28 paragraph 5(a) by April 1, 1990. Such plan shall provide 29 ambulatory prenatal care to pregnant women during a 30 presumptive eligibility period and establish an income 31 eligibility standard that is equal to 133% of the nonfarm 32 income official poverty line, as defined by the federal 33 Office of Management and Budget and revised annually in 34 accordance with Section 673(2) of the Omnibus Budget HB0708 Engrossed -560- LRB9203186EGfg 1 Reconciliation Act of 1981, applicable to families of the 2 same size, provided that costs incurred for medical care 3 are not taken into account in determining such income 4 eligibility. 5 (c) The Illinois Department may conduct a 6 demonstration in at least one county that will provide 7 medical assistance to pregnant women, together with their 8 infants and children up to one year of age, where the 9 income eligibility standard is set up to 185% of the 10 nonfarm income official poverty line, as defined by the 11 federal Office of Management and Budget. The Illinois 12 Department shall seek and obtain necessary authorization 13 provided under federal law to implement such a 14 demonstration. Such demonstration may establish resource 15 standards that are not more restrictive than those 16 established under Article IV of this Code. 17 6. Persons under the age of 18 who fail to qualify as 18 dependent under Article IV and who have insufficient income 19 and resources to meet the costs of necessary medical care to 20 the maximum extent permitted under Title XIX of the Federal 21 Social Security Act. 22 7. Persons who are 18 years of age or younger and would 23 qualify as disabled as defined under the Federal Supplemental 24 Security Income Program, provided medical service for such 25 persons would be eligible for Federal Financial 26 Participation, and provided the Illinois Department 27 determines that: 28 (a) the person requires a level of care provided by 29 a hospital, skilled nursing facility, or intermediate 30 care facility, as determined by a physician licensed to 31 practice medicine in all its branches; 32 (b) it is appropriate to provide such care outside 33 of an institution, as determined by a physician licensed 34 to practice medicine in all its branches; HB0708 Engrossed -561- LRB9203186EGfg 1 (c) the estimated amount which would be expended 2 for care outside the institution is not greater than the 3 estimated amount which would be expended in an 4 institution. 5 8. Persons who become ineligible for basic maintenance 6 assistance under Article IV of this Code in programs 7 administered by the Illinois Department due to employment 8 earnings and persons in assistance units comprised of adults 9 and children who become ineligible for basic maintenance 10 assistance under Article VI of this Code due to employment 11 earnings. The plan for coverage for this class of persons 12 shall: 13 (a) extend the medical assistance coverage for up 14 to 12 months following termination of basic maintenance 15 assistance; and 16 (b) offer persons who have initially received 6 17 months of the coverage provided in paragraph (a) above, 18 the option of receiving an additional 6 months of 19 coverage, subject to the following: 20 (i) such coverage shall be pursuant to 21 provisions of the federal Social Security Act; 22 (ii) such coverage shall include all services 23 covered while the person was eligible for basic 24 maintenance assistance; 25 (iii) no premium shall be charged for such 26 coverage; and 27 (iv) such coverage shall be suspended in the 28 event of a person's failure without good cause to 29 file in a timely fashion reports required for this 30 coverage under the Social Security Act and coverage 31 shall be reinstated upon the filing of such reports 32 if the person remains otherwise eligible. 33 9. Persons with acquired immunodeficiency syndrome 34 (AIDS) or with AIDS-related conditions with respect to whom HB0708 Engrossed -562- LRB9203186EGfg 1 there has been a determination that but for home or 2 community-based services such individuals would require the 3 level of care provided in an inpatient hospital, skilled 4 nursing facility or intermediate care facility the cost of 5 which is reimbursed under this Article. Assistance shall be 6 provided to such persons to the maximum extent permitted 7 under Title XIX of the Federal Social Security Act. 8 10. Participants in the long-term care insurance 9 partnership program established under the Partnership for 10 Long-Term Care Act who meet the qualifications for protection 11 of resources described in Section 25 of that Act. 12 11. Persons with disabilities who are employed and 13 eligible for Medicaid, pursuant to Section 14 1902(a)(10)(A)(ii)(xv) of the Social Security Act, as 15 provided by the Illinois Department by rule. 16 The Illinois Department and the Governor shall provide a 17 plan for coverage of the persons eligible under paragraph 7 18 as soon as possible after July 1, 1984. 19 The eligibility of any such person for medical assistance 20 under this Article is not affected by the payment of any 21 grant under the Senior Citizens and Disabled Persons Property 22 Tax Relief and Pharmaceutical Assistance Act or any 23 distributions or items of income described under subparagraph 24 (X) of paragraph (2) of subsection (a) of Section 203 of the 25 Illinois Income Tax Act. The Department shall by rule 26 establish the amounts of assets to be disregarded in 27 determining eligibility for medical assistance, which shall 28 at a minimum equal the amounts to be disregarded under the 29 Federal Supplemental Security Income Program. The amount of 30 assets of a single person to be disregarded shall not be less 31 than $2,000, and the amount of assets of a married couple to 32 be disregarded shall not be less than $3,000. 33 To the extent permitted under federal law, any person 34 found guilty of a second violation of Article VIIIA shall be HB0708 Engrossed -563- LRB9203186EGfg 1 ineligible for medical assistance under this Article, as 2 provided in Section 8A-8. 3 The eligibility of any person for medical assistance 4 under this Article shall not be affected by the receipt by 5 the person of donations or benefits from fundraisers held for 6 the person in cases of serious illness, as long as neither 7 the person nor members of the person's family have actual 8 control over the donations or benefits or the disbursement of 9 the donations or benefits. 10 (Source: P.A. 91-676, eff. 12-23-99; 91-699, eff. 7-1-00; 11 91-712, eff. 7-1-00; revised 6-26-00.) 12 (305 ILCS 5/5-5) (from Ch. 23, par. 5-5) 13 Sec. 5-5. Medical services. The Illinois Department, by 14 rule, shall determine the quantity and quality of and the 15 rate of reimbursement for the medical assistance for which 16 payment will be authorized, and the medical services to be 17 provided, which may include all or part of the following: (1) 18 inpatient hospital services; (2) outpatient hospital 19 services; (3) other laboratory and X-ray services; (4) 20 skilled nursing home services; (5) physicians' services 21 whether furnished in the office, the patient's home, a 22 hospital, a skilled nursing home, or elsewhere; (6) medical 23 care, or any other type of remedial care furnished by 24 licensed practitioners; (7) home health care services; (8) 25 private duty nursing service; (9) clinic services; (10) 26 dental services; (11) physical therapy and related services; 27 (12) prescribed drugs, dentures, and prosthetic devices; and 28 eyeglasses prescribed by a physician skilled in the diseases 29 of the eye, or by an optometrist, whichever the person may 30 select; (13) other diagnostic, screening, preventive, and 31 rehabilitative services; (14) transportation and such other 32 expenses as may be necessary; (15) medical treatment of 33 sexual assault survivors, as defined in Section 1a of the HB0708 Engrossed -564- LRB9203186EGfg 1 Sexual Assault Survivors Emergency Treatment Act, for 2 injuries sustained as a result of the sexual assault, 3 including examinations and laboratory tests to discover 4 evidence which may be used in criminal proceedings arising 5 from the sexual assault; (16) the diagnosis and treatment of 6 sickle cell anemia; and (17) any other medical care, and any 7 other type of remedial care recognized under the laws of this 8 State, but not including abortions, or induced miscarriages 9 or premature births, unless, in the opinion of a physician, 10 such procedures are necessary for the preservation of the 11 life of the woman seeking such treatment, or except an 12 induced premature birth intended to produce a live viable 13 child and such procedure is necessary for the health of the 14 mother or her unborn child. The Illinois Department, by rule, 15 shall prohibit any physician from providing medical 16 assistance to anyone eligible therefor under this Code where 17 such physician has been found guilty of performing an 18 abortion procedure in a wilful and wanton manner upon a woman 19 who was not pregnant at the time such abortion procedure was 20 performed. The term "any other type of remedial care" shall 21 include nursing care and nursing home service for persons who 22 rely on treatment by spiritual means alone through prayer for 23 healing. 24 Notwithstanding any other provision of this Section, a 25 comprehensive tobacco use cessation program that includes 26 purchasing prescription drugs or prescription medical devices 27 approved by the Food and Drug administration shall be covered 28 under the medical assistance program under this Article for 29 persons who are otherwise eligible for assistance under this 30 Article. 31 Notwithstanding any other provision of this Code, the 32 Illinois Department may not require, as a condition of 33 payment for any laboratory test authorized under this 34 Article, that a physician's handwritten signature appear on HB0708 Engrossed -565- LRB9203186EGfg 1 the laboratory test order form. The Illinois Department may, 2 however, impose other appropriate requirements regarding 3 laboratory test order documentation. 4 The Illinois Department of Public Aid shall provide the 5 following services to persons eligible for assistance under 6 this Article who are participating in education, training or 7 employment programs operated by the Department of Human 8 Services as successor to the Department of Public Aid: 9 (1) dental services, which shall include but not be 10 limited to prosthodontics; and 11 (2) eyeglasses prescribed by a physician skilled in 12 the diseases of the eye, or by an optometrist, whichever 13 the person may select. 14 The Illinois Department, by rule, may distinguish and 15 classify the medical services to be provided only in 16 accordance with the classes of persons designated in Section 17 5-2. 18 The Illinois Department shall authorize the provision of, 19 and shall authorize payment for, screening by low-dose 20 mammography for the presence of occult breast cancer for 21 women 35 years of age or older who are eligible for medical 22 assistance under this Article, as follows: a baseline 23 mammogram for women 35 to 39 years of age and an annual 24 mammogram for women 40 years of age or older. All screenings 25 shall include a physical breast exam, instruction on 26 self-examination and information regarding the frequency of 27 self-examination and its value as a preventative tool. As 28 used in this Section, "low-dose mammography" means the x-ray 29 examination of the breast using equipment dedicated 30 specifically for mammography, including the x-ray tube, 31 filter, compression device, image receptor, and cassettes, 32 with an average radiation exposure delivery of less than one 33 rad mid-breast, with 2 views for each breast. 34 Any medical or health care provider shall immediately HB0708 Engrossed -566- LRB9203186EGfg 1 recommend, to any pregnant woman who is being provided 2 prenatal services and is suspected of drug abuse or is 3 addicted as defined in the Alcoholism and Other Drug Abuse 4 and Dependency Act, referral to a local substance abuse 5 treatment provider licensed by the Department of Human 6 Services or to a licensed hospital which provides substance 7 abuse treatment services. The Department of Public Aid shall 8 assure coverage for the cost of treatment of the drug abuse 9 or addiction for pregnant recipients in accordance with the 10 Illinois Medicaid Program in conjunction with the Department 11 of Human Services. 12 All medical providers providing medical assistance to 13 pregnant women under this Code shall receive information from 14 the Department on the availability of services under the Drug 15 Free Families with a Future or any comparable program 16 providing case management services for addicted women, 17 including information on appropriate referrals for other 18 social services that may be needed by addicted women in 19 addition to treatment for addiction. 20 The Illinois Department, in cooperation with the 21 Departments of Human Services (as successor to the Department 22 of Alcoholism and Substance Abuse) and Public Health, through 23 a public awareness campaign, may provide information 24 concerning treatment for alcoholism and drug abuse and 25 addiction, prenatal health care, and other pertinent programs 26 directed at reducing the number of drug-affected infants born 27 to recipients of medical assistance. 28 Neither the Illinois Department of Public Aid nor the 29 Department of Human Services shall sanction the recipient 30 solely on the basis of her substance abuse. 31 The Illinois Department shall establish such regulations 32 governing the dispensing of health services under this 33 Article as it shall deem appropriate. In formulating these 34 regulations the Illinois Department shall consult with and HB0708 Engrossed -567- LRB9203186EGfg 1 give substantial weight to the recommendations offered by the 2 Citizens Assembly/Council on Public Aid. The Department 3 should seek the advice of formal professional advisory 4 committees appointed by the Director of the Illinois 5 Department for the purpose of providing regular advice on 6 policy and administrative matters, information dissemination 7 and educational activities for medical and health care 8 providers, and consistency in procedures to the Illinois 9 Department. 10 The Illinois Department may develop and contract with 11 Partnerships of medical providers to arrange medical services 12 for persons eligible under Section 5-2 of this Code. 13 Implementation of this Section may be by demonstration 14 projects in certain geographic areas. The Partnership shall 15 be represented by a sponsor organization. The Department, by 16 rule, shall develop qualifications for sponsors of 17 Partnerships. Nothing in this Section shall be construed to 18 require that the sponsor organization be a medical 19 organization. 20 The sponsor must negotiate formal written contracts with 21 medical providers for physician services, inpatient and 22 outpatient hospital care, home health services, treatment for 23 alcoholism and substance abuse, and other services determined 24 necessary by the Illinois Department by rule for delivery by 25 Partnerships. Physician services must include prenatal and 26 obstetrical care. The Illinois Department shall reimburse 27 medical services delivered by Partnership providers to 28 clients in target areas according to provisions of this 29 Article and the Illinois Health Finance Reform Act, except 30 that: 31 (1) Physicians participating in a Partnership and 32 providing certain services, which shall be determined by 33 the Illinois Department, to persons in areas covered by 34 the Partnership may receive an additional surcharge for HB0708 Engrossed -568- LRB9203186EGfg 1 such services. 2 (2) The Department may elect to consider and 3 negotiate financial incentives to encourage the 4 development of Partnerships and the efficient delivery of 5 medical care. 6 (3) Persons receiving medical services through 7 Partnerships may receive medical and case management 8 services above the level usually offered through the 9 medical assistance program. 10 Medical providers shall be required to meet certain 11 qualifications to participate in Partnerships to ensure the 12 delivery of high quality medical services. These 13 qualifications shall be determined by rule of the Illinois 14 Department and may be higher than qualifications for 15 participation in the medical assistance program. Partnership 16 sponsors may prescribe reasonable additional qualifications 17 for participation by medical providers, only with the prior 18 written approval of the Illinois Department. 19 Nothing in this Section shall limit the free choice of 20 practitioners, hospitals, and other providers of medical 21 services by clients. In order to ensure patient freedom of 22 choice, the Illinois Department shall immediately promulgate 23 all rules and take all other necessary actions so that 24 provided services may be accessed from therapeutically 25 certified optometrists to the full extent of the Illinois 26 Optometric Practice Act of 1987 without discriminating 27 between service providers. 28 The Department shall apply for a waiver from the United 29 States Health Care Financing Administration to allow for the 30 implementation of Partnerships under this Section. 31 The Illinois Department shall require health care 32 providers to maintain records that document the medical care 33 and services provided to recipients of Medical Assistance 34 under this Article. The Illinois Department shall require HB0708 Engrossed -569- LRB9203186EGfg 1 health care providers to make available, when authorized by 2 the patient, in writing, the medical records in a timely 3 fashion to other health care providers who are treating or 4 serving persons eligible for Medical Assistance under this 5 Article. All dispensers of medical services shall be 6 required to maintain and retain business and professional 7 records sufficient to fully and accurately document the 8 nature, scope, details and receipt of the health care 9 provided to persons eligible for medical assistance under 10 this Code, in accordance with regulations promulgated by the 11 Illinois Department. The rules and regulations shall require 12 that proof of the receipt of prescription drugs, dentures, 13 prosthetic devices and eyeglasses by eligible persons under 14 this Section accompany each claim for reimbursement submitted 15 by the dispenser of such medical services. No such claims for 16 reimbursement shall be approved for payment by the Illinois 17 Department without such proof of receipt, unless the Illinois 18 Department shall have put into effect and shall be operating 19 a system of post-payment audit and review which shall, on a 20 sampling basis, be deemed adequate by the Illinois Department 21 to assure that such drugs, dentures, prosthetic devices and 22 eyeglasses for which payment is being made are actually being 23 received by eligible recipients. Within 90 days after the 24 effective date of this amendatory Act of 1984, the Illinois 25 Department shall establish a current list of acquisition 26 costs for all prosthetic devices and any other items 27 recognized as medical equipment and supplies reimbursable 28 under this Article and shall update such list on a quarterly 29 basis, except that the acquisition costs of all prescription 30 drugs shall be updated no less frequently than every 30 days 31 as required by Section 5-5.12. 32 The rules and regulations of the Illinois Department 33 shall require that a written statement including the required 34 opinion of a physician shall accompany any claim for HB0708 Engrossed -570- LRB9203186EGfg 1 reimbursement for abortions, or induced miscarriages or 2 premature births. This statement shall indicate what 3 procedures were used in providing such medical services. 4 The Illinois Department shall require that all dispensers 5 of medical services, other than an individual practitioner or 6 group of practitioners, desiring to participate in the 7 Medical Assistance program established under this Article to 8 disclose all financial, beneficial, ownership, equity, surety 9 or other interests in any and all firms, corporations, 10 partnerships, associations, business enterprises, joint 11 ventures, agencies, institutions or other legal entities 12 providing any form of health care services in this State 13 under this Article. 14 The Illinois Department may require that all dispensers 15 of medical services desiring to participate in the medical 16 assistance program established under this Article disclose, 17 under such terms and conditions as the Illinois Department 18 may by rule establish, all inquiries from clients and 19 attorneys regarding medical bills paid by the Illinois 20 Department, which inquiries could indicate potential 21 existence of claims or liens for the Illinois Department. 22 The Illinois Department shall establish policies, 23 procedures, standards and criteria by rule for the 24 acquisition, repair and replacement of orthotic and 25 prosthetic devices and durable medical equipment. Such rules 26 shall provide, but not be limited to, the following services: 27 (1) immediate repair or replacement of such devices by 28 recipients without medical authorization; and (2) rental, 29 lease, purchase or lease-purchase of durable medical 30 equipment in a cost-effective manner, taking into 31 consideration the recipient's medical prognosis, the extent 32 of the recipient's needs, and the requirements and costs for 33 maintaining such equipment. Such rules shall enable a 34 recipient to temporarily acquire and use alternative or HB0708 Engrossed -571- LRB9203186EGfg 1 substitute devices or equipment pending repairs or 2 replacements of any device or equipment previously authorized 3 for such recipient by the Department. Rules under clause (2) 4 above shall not provide for purchase or lease-purchase of 5 durable medical equipment or supplies used for the purpose of 6 oxygen delivery and respiratory care. 7 The Department shall execute, relative to the nursing 8 home prescreening project, written inter-agency agreements 9 with the Department of Human Services and the Department on 10 Aging, to effect the following: (i) intake procedures and 11 common eligibility criteria for those persons who are 12 receiving non-institutional services; and (ii) the 13 establishment and development of non-institutional services 14 in areas of the State where they are not currently available 15 or are undeveloped. 16 The Illinois Department shall develop and operate, in 17 cooperation with other State Departments and agencies and in 18 compliance with applicable federal laws and regulations, 19 appropriate and effective systems of health care evaluation 20 and programs for monitoring of utilization of health care 21 services and facilities, as it affects persons eligible for 22 medical assistance under this Code. The Illinois Department 23 shall report regularly the results of the operation of such 24 systems and programs to the Citizens Assembly/Council on 25 Public Aid to enable the Committee to ensure, from time to 26 time, that these programs are effective and meaningful. 27 The Illinois Department shall report annually to the 28 General Assembly, no later than the second Friday in April of 29 1979 and each year thereafter, in regard to: 30 (a) actual statistics and trends in utilization of 31 medical services by public aid recipients; 32 (b) actual statistics and trends in the provision 33 of the various medical services by medical vendors; 34 (c) current rate structures and proposed changes in HB0708 Engrossed -572- LRB9203186EGfg 1 those rate structures for the various medical vendors; 2 and 3 (d) efforts at utilization review and control by 4 the Illinois Department. 5 The period covered by each report shall be the 3 years 6 ending on the June 30 prior to the report. The report shall 7 include suggested legislation for consideration by the 8 General Assembly. The filing of one copy of the report with 9 the Speaker, one copy with the Minority Leader and one copy 10 with the Clerk of the House of Representatives, one copy with 11 the President, one copy with the Minority Leader and one copy 12 with the Secretary of the Senate, one copy with the 13 Legislative Research Unit, such additional copies with the 14 State Government Report Distribution Center for the General 15 Assembly as is required under paragraph (t) of Section 7 of 16 the State Library Act and one copy with the Citizens 17 Assembly/Council on Public Aid or its successor shall be 18 deemed sufficient to comply with this Section. 19 (Source: P.A. 90-7, eff. 6-10-97; 90-14, eff. 7-1-97; 91-344, 20 eff. 1-1-00; 91-462, eff. 8-6-99; 91-666, eff. 12-22-99; 21 revised 1-6-00.) 22 (305 ILCS 5/9-1) (from Ch. 23, par. 9-1) 23 Sec. 9-1. Declaration of Purpose. It is the purpose of 24 this Article to aid applicants for and recipients of public 25 aid under Articles III, IV, V, VI and VII, to increase their 26 capacities for self-support, self-care, and responsible 27 citizenship, and to assist them in maintaining and 28 strengthening family life. If authorized pursuant to Section 29 9-8, this Article may be extended to former and potential 30 recipients and to persons whose income does not exceed the 31 standard established to determine eligibility for aid as a 32 medically indigent person under Article V. The Department, 33 with the written consent of the Governor, may also: HB0708 Engrossed -573- LRB9203186EGfg 1 (a) extend this Article to individuals and their 2 families with income closely related to national indices of 3 poverty who have special needs resulting from 4 institutionalization of a family member or conditions that 5 may lead to institutionalization or who live in impoverished 6 areas or in facilities developed to serve persons of low 7 income; 8 (b) establish, where indicated, schedules of payment for 9 service provided based on ability to pay; 10 (c) provide for the coordinated delivery of the services 11 described in this Article and related services offered by 12 other public or private agencies or institutions, and 13 cooperate with the Illinois Department on Aging to enable it 14 to properly execute and fulfill its duties pursuant to the 15 provisions of Section 4.01 of the "Illinois Act on the 16 Aging", as now or hereafter amended; 17 (d) provide in-home care services, such as chore and 18 housekeeping services or homemaker services, to recipients of 19 public aid under Articles IV and VI, the scope and 20 eligibility criteria for such services to be determined by 21 rule;and22 (e) contract with other State agencies for the purchase 23 of social service under Title XX of the Social Security Act, 24 such services to be provided pursuant to such other agencies' 25 enabling legislation; and.26 (f) cooperate with the Illinois Department of Public Aid 27 to provide services to public aid recipients for the 28 treatment and prevention of alcoholism and substance abuse. 29 (Source: P.A. 89-507, eff. 7-1-97; revised 1-16-01.) 30 (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1) 31 Sec. 10-3.1. Child and Spouse Support Unit. The 32 Illinois Department shall establish within its administrative 33 staff a Child and Spouse Support Unit to search for and HB0708 Engrossed -574- LRB9203186EGfg 1 locate absent parents and spouses liable for the support of 2 persons resident in this State and to exercise the support 3 enforcement powers and responsibilities assigned the 4 Department by this Article. The unit shall cooperate with 5 all law enforcement officials in this State and with the 6 authorities of other States in locating persons responsible 7 for the support of persons resident in other States and shall 8 invite the cooperation of these authorities in the 9 performance of its duties. 10 In addition to other duties assigned the Child and Spouse 11 Support Unit by this Article, the Unit may refer to the 12 Attorney General or units of local government with the 13 approval of the Attorney General, any actions under Sections 14 10-10 and 10-15 for judicial enforcement of the support 15 liability. The Child and Spouse Support Unit shall act for 16 the Department in referring to the Attorney General support 17 matters requiring judicial enforcement under other laws. If 18 requested by the Attorney General to so act, as provided in 19 Section 12-16, attorneys of the Unit may assist the Attorney 20 General or themselves institute actions in behalf of the 21 Illinois Department under the Revised Uniform Reciprocal 22 Enforcement of Support Act; under the Illinois Parentage Act 23 of 1984; under the Non-Support of Spouse and Children Act; 24 under the Non-Support Punishment Act; or under any other law, 25 State or Federal, providing for support of a spouse or 26 dependent child. 27 The Illinois Department shall also have the authority to 28 enter into agreements with local governmental units or 29 individuals, with the approval of the Attorney General, for 30 the collection of moneys owing because of the failure of a 31 parent to make child support payments for any child receiving 32 services under this Article. Such agreements may be on a 33 contingent fee basis, but such contingent fee shall not 34 exceed 25% of the total amount collected. HB0708 Engrossed -575- LRB9203186EGfg 1 An attorney who provides representation pursuant to this 2 Section shall represent the Illinois Department exclusively. 3 Regardless of the designation of the plaintiff in an action 4 brought pursuant to this Section, an attorney-client 5 relationship does not exist for purposes of that action 6 between that attorney and (i) an applicant for or recipient 7 of child and spouse support services or (ii) any other party 8 to the action other than the Illinois Department. Nothing in 9 this Section shall be construed to modify any power or duty 10 (including a duty to maintain confidentiality) of the Child 11 and Spouse Support Unit or the Illinois Department otherwise 12 provided by law. 13 The Illinois Department may also enter into agreements 14 with local governmental units for the Child and Spouse 15 Support Unit to exercise the investigative and enforcement 16 powers designated in this Article, including the issuance of 17 administrative orders under Section 10-11, in locating 18 responsible relatives and obtaining support for persons 19 applying for or receiving aid under Article VI. Payments for 20 defrayment of administrative costs and support payments 21 obtained shall be deposited into the DHS Recoveries Trust 22 Fund. Support payments shall be paid over to the General 23 Assistance Fund of the local governmental unit at such time 24 or times as the agreement may specify. 25 With respect to those cases in which it has support 26 enforcement powers and responsibilities under this Article, 27 the Illinois Department may provide by rule for periodic or 28 other review of each administrative and court order for 29 support to determine whether a modification of the order 30 should be sought. The Illinois Department shall provide for 31 and conduct such review in accordance with any applicable 32 federal law and regulation. 33 As part of its process for review of orders for support, 34 the Illinois Department, through written notice, may require HB0708 Engrossed -576- LRB9203186EGfg 1 the responsible relative to disclose his or her Social 2 Security Number and past and present information concerning 3 the relative's address, employment, gross wages, deductions 4 from gross wages, net wages, bonuses, commissions, number of 5 dependent exemptions claimed, individual and dependent health 6 insurance coverage, and any other information necessary to 7 determine the relative's ability to provide support in a case 8 receiving child and spouse support services under this 9 Article X. 10 The Illinois Department may send a written request for 11 the same information to the relative's employer. The 12 employer shall respond to the request for information within 13 15 days after the date the employer receives the request. If 14 the employer willfully fails to fully respond within the 15 15-day period, the employer shall pay a penalty of $100 for 16 each day that the response is not provided to the Illinois 17 Department after the 15-day period has expired. The penalty 18 may be collected in a civil action which may be brought 19 against the employer in favor of the Illinois Department. 20 A written request for information sent to an employer 21 pursuant to this Section shall consist of (i) a citation of 22 this Section as the statutory authority for the request and 23 for the employer's obligation to provide the requested 24 information, (ii) a returnable form setting forth the 25 employer's name and address and listing the name of the 26 employee with respect to whom information is requested, and 27 (iii) a citation of this Section as the statutory authority 28 authorizing the employer to withhold a fee of up to $20 from 29 the wages or income to be paid to each responsible relative 30 for providing the information to the Illinois Department 31 within the 15-day period. If the employer is withholding 32 support payments from the responsible relative's income 33 pursuant to an order for withholding, the employer may 34 withhold the fee provided for in this Section only after HB0708 Engrossed -577- LRB9203186EGfg 1 withholding support as required under the order. Any amounts 2 withheld from the responsible relative's income for payment 3 of support and the fee provided for in this Section shall not 4 be in excess of the amounts permitted under the federal 5 Consumer Credit Protection Act. 6 In a case receiving child and spouse support services, 7 the Illinois Department may request and obtain information 8 from a particular employer under this Section no more than 9 once in any 12-month period, unless the information is 10 necessary to conduct a review of a court or administrative 11 order for support at the request of the person receiving 12 child and spouse support services. 13 The Illinois Department shall establish and maintain an 14 administrative unit to receive and transmit to the Child and 15 Spouse Support Unit information supplied by persons applying 16 for or receiving child and spouse support services under 17 Section 10-1. In addition, the Illinois Department shall 18 address and respond to any alleged deficiencies that persons 19 receiving or applying for services from the Child and Spouse 20 Support Unit may identify concerning the Child and Spouse 21 Support Unit's provision of child and spouse support 22 services. Within 60 days after an action or failure to act by 23 the Child and Spouse Support Unit that affects his or her 24 case, a recipient of or applicant for child and spouse 25 support services under Article X of this Code may request an 26 explanation of the Unit's handling of the case. At the 27 requestor's option, the explanation may be provided either 28 orally in an interview, in writing, or both. If the Illinois 29 Department fails to respond to the request for an explanation 30 or fails to respond in a manner satisfactory to the applicant 31 or recipient within 30 days from the date of the request for 32 an explanation, the applicant or recipient may request a 33 conference for further review of the matter by the Office of 34 the Administrator of the Child and Spouse Support Unit. A HB0708 Engrossed -578- LRB9203186EGfg 1 request for a conference may be submitted at any time within 2 60 days after the explanation has been provided by the Child 3 and Spouse Support Unit or within 60 days after the time for 4 providing the explanation has expired. 5 The applicant or recipient may request a conference 6 concerning any decision denying or terminating child or 7 spouse support services under Article X of this Code, and the 8 applicant or recipient may also request a conference 9 concerning the Unit's failure to provide services or the 10 provision of services in an amount or manner that is 11 considered inadequate. For purposes of this Section, the 12 Child and Spouse Support Unit includes all local governmental 13 units or individuals with whom the Illinois Department has 14 contracted under Section 10-3.1. 15 Upon receipt of a timely request for a conference, the 16 Office of the Administrator shall review the case. The 17 applicant or recipient requesting the conference shall be 18 entitled, at his or her option, to appear in person or to 19 participate in the conference by telephone. The applicant or 20 recipient requesting the conference shall be entitled to be 21 represented and to be afforded a reasonable opportunity to 22 review the Illinois Department's file before or at the 23 conference. At the conference, the applicant or recipient 24 requesting the conference shall be afforded an opportunity to 25 present all relevant matters in support of his or her claim. 26 Conferences shall be without cost to the applicant or 27 recipient requesting the conference and shall be conducted by 28 a representative of the Child or Spouse Support Unit who did 29 not participate in the action or inaction being reviewed. 30 The Office of the Administrator shall conduct a 31 conference and inform all interested parties, in writing, of 32 the results of the conference within 60 days from the date of 33 filing of the request for a conference. 34 In addition to its other powers and responsibilities HB0708 Engrossed -579- LRB9203186EGfg 1 established by this Article, the Child and Spouse Support 2 Unit shall conduct an annual assessment of each institution's 3 program for institution based paternity establishment under 4 Section 12 of the Vital Records Act. 5 (Source: P.A. 90-18, eff. 7-1-97; 91-24, eff. 7-1-99; 91-613, 6 eff. 10-1-99; revised 9-28-99.) 7 (305 ILCS 5/10-8) (from Ch. 23, par. 10-8) 8 Sec. 10-8. Support Payments - Partial Support - Full 9 Support. The notice to responsible relatives issued pursuant 10 to Section 10-7 shall direct payment (a) to the Illinois 11 Department in cases of applicants and recipients under 12 Articles III, IV, V and VII, (b) except as provided in 13 Section 10-3.1, to the local governmental unit in the case of 14 applicants and recipients under Article VI, and (c) to the 15 Illinois Department in cases of non-applicants and 16 non-recipients given access to the child and spouse support 17 services of this Article, as provided by Section 10-1. 18 However, if the support payments by responsible relatives are 19 sufficient to meet needs of a recipient in full, including 20 current and anticipated medical needs, and the Illinois 21 Department or the local governmental unit, as the case may 22 be, has reasonable grounds to believe that such needs will 23 continue to be provided in full by the responsible relatives, 24 the relatives may be directed to make subsequent support 25 payments to the needy person or to some person or agency in 26 his behalf and the recipient shall be removed from the rolls. 27 In such instance the recipient also shall be notified by 28 registered or certified mail of the action taken. If a 29 recipient removed from the rolls requests the Illinois 30 Department to continue to collect the support payments in his 31 behalf, the Department, at its option, may do so and pay 32 amounts so collected to the person. The Department may 33 provide for deducting any costs incurred by it in making the HB0708 Engrossed -580- LRB9203186EGfg 1 collection from the amount of any recovery made and pay only 2 the net amount to the person. 3 Payments under this Section to the Illinois Department 4 pursuant to the Child Support Enforcement Program established 5 by Title IV-D of the Social Security Act shall be paid into 6 the Child Support Enforcement Trust Fund. All payments under 7 this Section to the Illinois Department of Human Services 8 shall be deposited in the DHS Recoveries Trust Fund. 9 Disbursements from these funds shall be as provided in 10 Sections 12-9.1 and 12-10.2 of this Code. Payments received 11 by a local governmental unit shall be deposited in that 12 unit's General Assistance Fund. 13 To the extent the provisions of this Section are 14 inconsistent with the requirements pertaining to the State 15 Disbursement Unit under Sections 10-10.4 and 10-26 of this 16 Code, the requirements pertaining to the State Disbursement 17 Unit shall apply. 18 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 19 revised 9-28-99.) 20 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10) 21 Sec. 10-10. Court enforcement; applicability also to 22 persons who are not applicants or recipients. Except where 23 the Illinois Department, by agreement, acts for the local 24 governmental unit, as provided in Section 10-3.1, local 25 governmental units shall refer to the State's Attorney or to 26 the proper legal representative of the governmental unit, for 27 judicial enforcement as herein provided, instances of 28 non-support or insufficient support when the dependents are 29 applicants or recipients under Article VI. The Child and 30 Spouse Support Unit established by Section 10-3.1 may 31 institute in behalf of the Illinois Department any actions 32 under this Section for judicial enforcement of the support 33 liability when the dependents are (a) applicants or HB0708 Engrossed -581- LRB9203186EGfg 1 recipients under Articles III, IV, V or VII; (b) applicants 2 or recipients in a local governmental unit when the Illinois 3 Department, by agreement, acts for the unit; or (c) 4 non-applicants or non-recipients who are receiving support 5 enforcement services under this Article X, as provided in 6 Section 10-1. Where the Child and Spouse Support Unit has 7 exercised its option and discretion not to apply the 8 provisions of Sections 10-3 through 10-8, the failure by the 9 Unit to apply such provisions shall not be a bar to bringing 10 an action under this Section. 11 Action shall be brought in the circuit court to obtain 12 support, or for the recovery of aid granted during the period 13 such support was not provided, or both for the obtainment of 14 support and the recovery of the aid provided. Actions for 15 the recovery of aid may be taken separately or they may be 16 consolidated with actions to obtain support. Such actions 17 may be brought in the name of the person or persons requiring 18 support, or may be brought in the name of the Illinois 19 Department or the local governmental unit, as the case 20 requires, in behalf of such persons. 21 The court may enter such orders for the payment of moneys 22 for the support of the person as may be just and equitable 23 and may direct payment thereof for such period or periods of 24 time as the circumstances require, including support for a 25 period before the date the order for support is entered. The 26 order may be entered against any or all of the defendant 27 responsible relatives and may be based upon the proportionate 28 ability of each to contribute to the person's support. 29 The Court shall determine the amount of child support 30 (including child support for a period before the date the 31 order for child support is entered) by using the guidelines 32 and standards set forth in subsection (a) of Section 505 and 33 in Section 505.2 of the Illinois Marriage and Dissolution of 34 Marriage Act. For purposes of determining the amount of child HB0708 Engrossed -582- LRB9203186EGfg 1 support to be paid for a period before the date the order for 2 child support is entered, there is a rebuttable presumption 3 that the responsible relative's net income for that period 4 was the same as his or her net income at the time the order 5 is entered. 6 If (i) the responsible relative was properly served with 7 a request for discovery of financial information relating to 8 the responsible relative's ability to provide child support, 9 (ii) the responsible relative failed to comply with the 10 request, despite having been ordered to do so by the court, 11 and (iii) the responsible relative is not present at the 12 hearing to determine support despite having received proper 13 notice, then any relevant financial information concerning 14 the responsible relative's ability to provide child support 15 that was obtained pursuant to subpoena and proper notice 16 shall be admitted into evidence without the need to establish 17 any further foundation for its admission. 18 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 HB0708 Engrossed -583- LRB9203186EGfg 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 The Court shall determine the amount of maintenance using 5 the standards set forth in Section 504 of the Illinois 6 Marriage and Dissolution of Marriage Act. 7 Any new or existing support order entered by the court 8 under this Section shall be deemed to be a series of 9 judgments against the person obligated to pay support 10 thereunder, each such judgment to be in the amount of each 11 payment or installment of support and each such judgment to 12 be deemed entered as of the date the corresponding payment or 13 installment becomes due under the terms of the support order. 14 Each such judgment shall have the full force, effect and 15 attributes of any other judgment of this State, including the 16 ability to be enforced. Any such judgment is subject to 17 modification or termination only in accordance with Section 18 510 of the Illinois Marriage and Dissolution of Marriage Act. 19 A lien arises by operation of law against the real and 20 personal property of the noncustodial parent for each 21 installment of overdue support owed by the noncustodial 22 parent. 23 When an order is entered for the support of a minor, the 24 court may provide therein for reasonable visitation of the 25 minor by the person or persons who provided support pursuant 26 to the order. Whoever willfully refuses to comply with such 27 visitation order or willfully interferes with its enforcement 28 may be declared in contempt of court and punished therefor. 29 Except where the local governmental unit has entered into 30 an agreement with the Illinois Department for the Child and 31 Spouse Support Unit to act for it, as provided in Section 32 10-3.1, support orders entered by the court in cases 33 involving applicants or recipients under Article VI shall 34 provide that payments thereunder be made directly to the HB0708 Engrossed -584- LRB9203186EGfg 1 local governmental unit. Orders for the support of all other 2 applicants or recipients shall provide that payments 3 thereunder be made directly to the Illinois Department. In 4 accordance with federal law and regulations, the Illinois 5 Department may continue to collect current maintenance 6 payments or child support payments, or both, after those 7 persons cease to receive public assistance and until 8 termination of services under Article X. The Illinois 9 Department shall pay the net amount collected to those 10 persons after deducting any costs incurred in making the 11 collection or any collection fee from the amount of any 12 recovery made. In both cases the order shall permit the 13 local governmental unit or the Illinois Department, as the 14 case may be, to direct the responsible relative or relatives 15 to make support payments directly to the needy person, or to 16 some person or agency in his behalf, upon removal of the 17 person from the public aid rolls or upon termination of 18 services under Article X. 19 If the notice of support due issued pursuant to Section 20 10-7 directs that support payments be made directly to the 21 needy person, or to some person or agency in his behalf, and 22 the recipient is removed from the public aid rolls, court 23 action may be taken against the responsible relative 24 hereunder if he fails to furnish support in accordance with 25 the terms of such notice. 26 Actions may also be brought under this Section in behalf 27 of any person who is in need of support from responsible 28 relatives, as defined in Section 2-11 of Article II who is 29 not an applicant for or recipient of financial aid under this 30 Code. In such instances, the State's Attorney of the county 31 in which such person resides shall bring action against the 32 responsible relatives hereunder. If the Illinois Department, 33 as authorized by Section 10-1, extends the support services 34 provided by this Article to spouses and dependent children HB0708 Engrossed -585- LRB9203186EGfg 1 who are not applicants or recipients under this Code, the 2 Child and Spouse Support Unit established by Section 10-3.1 3 shall bring action against the responsible relatives 4 hereunder and any support orders entered by the court in such 5 cases shall provide that payments thereunder be made directly 6 to the Illinois Department. 7 Whenever it is determined in a proceeding to establish or 8 enforce a child support or maintenance obligation that the 9 person owing a duty of support is unemployed, the court may 10 order the person to seek employment and report periodically 11 to the court with a diary, listing or other memorandum of his 12 or her efforts in accordance with such order. Additionally, 13 the court may order the unemployed person to report to the 14 Department of Employment Security for job search services or 15 to make application with the local JobJobsTraining 16 Partnership Act provider for participation in job search, 17 training or work programs and where the duty of support is 18 owed to a child receiving support services under this Article 19 X, the court may order the unemployed person to report to the 20 Illinois Department for participation in job search, training 21 or work programs established under Section 9-6 and Article 22 IXA of this Code. 23 Whenever it is determined that a person owes past-due 24 support for a child receiving assistance under this Code, the 25 court shall order at the request of the Illinois Department: 26 (1) that the person pay the past-due support in 27 accordance with a plan approved by the court; or 28 (2) if the person owing past-due support is 29 unemployed, is subject to such a plan, and is not 30 incapacitated, that the person participate in such job 31 search, training, or work programs established under 32 Section 9-6 and Article IXA of this Code as the court 33 deems appropriate. 34 A determination under this Section shall not be HB0708 Engrossed -586- LRB9203186EGfg 1 administratively reviewable by the procedures specified in 2 Sections 10-12, and 10-13 to 10-13.10. Any determination 3 under these Sections, if made the basis of court action under 4 this Section, shall not affect the de novo judicial 5 determination required under this Section. 6 A one-time charge of 20% is imposable upon the amount of 7 past-due child support owed on July 1, 1988 which has accrued 8 under a support order entered by the court. The charge shall 9 be imposed in accordance with the provisions of Section 10-21 10 of this Code and shall be enforced by the court upon 11 petition. 12 All orders for support, when entered or modified, shall 13 include a provision requiring the non-custodial parent to 14 notify the court and, in cases in which a party is receiving 15 child and spouse support services under this Article X, the 16 Illinois Department, within 7 days, (i) of the name, address, 17 and telephone number of any new employer of the non-custodial 18 parent, (ii) whether the non-custodial parent has access to 19 health insurance coverage through the employer or other group 20 coverage and, if so, the policy name and number and the names 21 of persons covered under the policy, and (iii) of any new 22 residential or mailing address or telephone number of the 23 non-custodial parent. In any subsequent action to enforce a 24 support order, upon a sufficient showing that a diligent 25 effort has been made to ascertain the location of the 26 non-custodial parent, service of process or provision of 27 notice necessary in the case may be made at the last known 28 address of the non-custodial parent in any manner expressly 29 provided by the Code of Civil Procedure or this Code, which 30 service shall be sufficient for purposes of due process. 31 An order for support shall include a date on which the 32 current support obligation terminates. The termination date 33 shall be no earlier than the date on which the child covered 34 by the order will attain the age of majority or is otherwise HB0708 Engrossed -587- LRB9203186EGfg 1 emancipated. The order for support shall state that the 2 termination date does not apply to any arrearage that may 3 remain unpaid on that date. Nothing in this paragraph shall 4 be construed to prevent the court from modifying the order. 5 Upon notification in writing or by electronic 6 transmission from the Illinois Department to the clerk of the 7 court that a person who is receiving support payments under 8 this Section is receiving services under the Child Support 9 Enforcement Program established by Title IV-D of the Social 10 Security Act, any support payments subsequently received by 11 the clerk of the court shall be transmitted in accordance 12 with the instructions of the Illinois Department until the 13 Illinois Department gives notice to the clerk of the court to 14 cease the transmittal. After providing the notification 15 authorized under this paragraph, the Illinois Department 16 shall be entitled as a party to notice of any further 17 proceedings in the case. The clerk of the court shall file a 18 copy of the Illinois Department's notification in the court 19 file. The clerk's failure to file a copy of the notification 20 in the court file shall not, however, affect the Illinois 21 Department's right to receive notice of further proceedings. 22 Payments under this Section to the Illinois Department 23 pursuant to the Child Support Enforcement Program established 24 by Title IV-D of the Social Security Act shall be paid into 25 the Child Support Enforcement Trust Fund. All payments under 26 this Section to the Illinois Department of Human Services 27 shall be deposited in the DHS Recoveries Trust Fund. 28 Disbursements from these funds shall be as provided in 29 Sections 12-9.1 and 12-10.2 of this Code. Payments received 30 by a local governmental unit shall be deposited in that 31 unit's General Assistance Fund. 32 To the extent the provisions of this Section are 33 inconsistent with the requirements pertaining to the State 34 Disbursement Unit under Sections 10-10.4 and 10-26 of this HB0708 Engrossed -588- LRB9203186EGfg 1 Code, the requirements pertaining to the State Disbursement 2 Unit shall apply. 3 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 4 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff. 5 8-14-98; 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-357, 6 eff. 7-29-99; 91-767, eff. 6-9-00; revised 1-16-01.) 7 (305 ILCS 5/10-10.5) 8 Sec. 10-10.5. Information to State Case Registry. 9 (a) When an order for support is entered or modified by 10 the circuit court under Section 10-10, the clerk of the 11 circuit court shall, within 5 business days, provide to the 12 Illinois Department's State Case Registry established under 13 Section 10-27 of this Code the court docket number and county 14 in which the order is entered or modified and the following 15 information, which the parties shall disclose to the court: 16 (1) The names of the custodial and non-custodial 17 parents and the child or children covered by the order. 18 (2) The dates of birth of the custodial and 19 non-custodial parents and of the child or children 20 covered by the order. 21 (3) The social security numbers of the custodial 22 and non-custodial parents and of the child or children 23 covered by the order. 24 (4) The residential and mailing addresses for the 25 custodial and non-custodial parents. 26 (5) The telephone numbers for the custodial and 27 non-custodial parents. 28 (6) The driver's license numbers for the custodial 29 and non-custodial parents. 30 (7) The name, address, and telephone number of each 31 parent's employer or employers. 32 (b) When a child support order is entered or modified 33 for a case in which a party is receiving child and spouse HB0708 Engrossed -589- LRB9203186EGfg 1 support services under Article X of this Code, the clerk 2 shall provide the State Case Registry with the following 3 information: 4 (1) The information specified in subsection (a) of 5 this Section. 6 (2) The amount of monthly or other periodic support 7 owed under the order and other amounts, including 8 arrearages, interest, or late payment penalties and fees, 9 due or overdue under the order. 10 (3) Any amounts described in subdivision (2) of 11 this subsection (b) that have been received by the clerk. 12 (4) The distribution of the amounts received by the 13 clerk. 14 (c) A party shall report to the clerk of the circuit 15 court changes in information required to bethedisclosed 16 under this Section within 5 business days of the change. 17 (d) To the extent that updated information is in the 18 clerk's possession, the clerk shall provide updates of the 19 information specified in subsection (b) of this Section 20 within 5 business days after the Illinois Department's 21 request for that updated information. 22 (Source: P.A. 91-212, eff. 7-20-99; revised 1-16-01.) 23 (305 ILCS 5/10-11.1) (from Ch. 23, par. 10-11.1) 24 Sec. 10-11.1. (a) Whenever it is determined in a 25 proceeding under Sections 10-6, 10-7, 10-11 or 10-17.1 that 26 the responsible relative is unemployed, and support is sought 27 on behalf of applicants for or recipients of financial aid 28 under Article IV of this Code or other persons who are given 29 access to the child and spouse support services of this 30 Article as provided in Section 10-1, the administrative 31 enforcement unit may order the responsible relative to report 32 to the Illinois Department for participation in job search, 33 training or work programs established under Section 9-6 and HB0708 Engrossed -590- LRB9203186EGfg 1 Article IXA of this Code or to the Illinois Department of 2 Employment Security for job search services or to make 3 application with the local JobJobsTraining Partnership Act 4 provider for participation in job search, training or work 5 programs. 6 (b) Whenever it is determined that a responsible 7 relative owes past-due support for a child under an 8 administrative support order entered under subsection (b) of 9 Section 10-7 or under Section 10-11 or 10-17.1 and the child 10 is receiving assistance under this Code, the administrative 11 enforcement unit shall order the following: 12 (1) that the responsible relative pay the past-due 13 support in accordance with a plan approved by the 14 administrative enforcement unit; or 15 (2) if the responsible relative owing past-due 16 support is unemployed, is subject to such a plan, and is 17 not incapacitated, that the responsible relative 18 participate in job search, training, or work programs 19 established under Section 9-6 and Article IXA of this 20 Code. 21 (Source: P.A. 90-18, eff. 7-1-97; revised 2-23-00.) 22 (305 ILCS 5/10-15) (from Ch. 23, par. 10-15) 23 Sec. 10-15. Enforcement of administrative order; costs 24 and fees. If a responsible relative refuses, neglects, or 25 fails to comply with a final administrative support or 26 reimbursement order of the Illinois Department entered by the 27 Child and Spouse Support Unit pursuant to Sections 10-11 or 28 10-11.1 or registered pursuant to Section 10-17.1, the Child 29 and Spouse Support Unit may file suit against the responsible 30 relative or relatives to secure compliance with the 31 administrative order. 32 Suits shall be instituted in the name of the People of 33 the State of Illinois on the relation of the Department of HB0708 Engrossed -591- LRB9203186EGfg 1 Public Aid of the State of Illinois and the spouse or 2 dependent children for whom the support order has been 3 issued. 4 The court shall order the payment of the support 5 obligation, or orders for reimbursement of moneys for support 6 provided, directly to the Illinois Department but the order 7 shall permit the Illinois Department to direct the 8 responsible relative or relatives to make payments of support 9 directly to the spouse or dependent children, or to some 10 person or agency in his or their behalf, as provided in 11 Section 10-8 or 10-10, as applicable. 12 Whenever it is determined in a proceeding to enforce an 13 administrative order that the responsible relative is 14 unemployed, and support is sought on behalf of applicants for 15 or recipients of financial aid under Article IV of this Code 16 or other persons who are given access to the child and spouse 17 support services of this Article as provided in Section 10-1, 18 the court may order the responsible relative to seek 19 employment and report periodically to the court with a diary, 20 listing or other memorandum of his or her efforts in 21 accordance with such order. In addition, the court may order 22 the unemployed responsible relative to report to the Illinois 23 Department for participation in job search, training or work 24 programs established under Section 9-6 of this Code or to the 25 Illinois Department of Employment Security for job search 26 services or to make application with the local JobJobs27 Training Partnership Act provider for participation in job 28 search, training or work programs. 29 Charges imposed in accordance with the provisions of 30 Section 10-21 shall be enforced by the Court in a suit filed 31 under this Section. 32 To the extent the provisions of this Section are 33 inconsistent with the requirements pertaining to the State 34 Disbursement Unit under Sections 10-10.4 and 10-26 of this HB0708 Engrossed -592- LRB9203186EGfg 1 Code, the requirements pertaining to the State Disbursement 2 Unit shall apply. 3 (Source: P.A. 91-212, eff. 7-20-99; revised 2-23-00.) 4 (305 ILCS 5/10-16) (from Ch. 23, par. 10-16) 5 Sec. 10-16. Judicial enforcement of court and 6 administrative support orders. Court orders entered in 7 proceedings under Section 10-10 and court orders for 8 enforcement of an administrative order under Section 10-15 9 and for the payment of money may be enforced by attachment as 10 for contempt against the persons of the defendants, and in 11 addition, as other judgments for the payment of money, and 12 costs may be adjudged against the defendants and apportioned 13 among them; but if the complaint is dismissed, costs shall be 14 borne by the Illinois Department or the local governmental 15 unit, as the case may be. If a responsible relative is 16 directed by the Illinois Department, or the local 17 governmental unit, under the conditions stated in Section 18 10-8, to make support payments directly to the person, or to 19 some person or agency in his behalf, the court order entered 20 against him under this Section or Section 10-10 may be 21 enforced as herein provided if he thereafter fails to furnish 22 support in accordance with its terms. The State of Illinois 23 shall not be required to make a deposit for or pay any costs 24 or fees of any court or officer thereof in any proceeding 25 instituted under this Section. 26 The provisions of the Civil Practice Law, and all 27 amendments and modifications thereof, shall apply to and 28 govern all actions instituted under this Section and Section 29 10-10. In such actions proof that a person is an applicant 30 for or recipient of public aid under any Article of this Code 31 shall be prima facie proof that he is a person in necessitous 32 circumstances by reason of infirmity, unemployment or other 33 cause depriving him of the means of a livelihood compatible HB0708 Engrossed -593- LRB9203186EGfg 1 with health and well-being. 2 Payments under this Section to the Illinois Department 3 pursuant to the Child Support Enforcement Program established 4 by Title IV-D of the Social Security Act shall be paid into 5 the Child Support Enforcement Trust Fund. All payments under 6 this Section to the Illinois Department of Human Services 7 shall be deposited in the DHS Recoveries Trust Fund. 8 Disbursements from these funds shall be as provided in 9 Sections 12-9.1 and 12-10.2 of this Code. Payments received 10 by a local governmental unit shall be deposited in that 11 unit's General Assistance Fund. 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 10-11.1 26 of this Code. 27 To the extent the provisions of this Section are 28 inconsistent with the requirements pertaining to the State 29 Disbursement Unit under Sections 10-10.4 and 10-26 of this 30 Code, the requirements pertaining to the State Disbursement 31 Unit shall apply. 32 (Source: P.A. 90-733, eff. 8-11-98; 91-24, eff. 7-1-99; 33 91-212, eff. 7-20-99; revised 10-13-99.) HB0708 Engrossed -594- LRB9203186EGfg 1 (305 ILCS 5/10-19) (from Ch. 23, par. 10-19) 2 Sec. 10-19. Support Payments Ordered Under Other Laws; 3 where deposited. The Illinois Department and local 4 governmental units are authorized to receive payments 5 directed by court order for the support of recipients, as 6 provided in the following Acts: 7 1. "Non-Support of Spouse and Children Act", approved 8 June 24, 1915, as amended, 9 1.5. The Non-Support Punishment Act, 10 2. "Illinois Marriage and Dissolution of Marriage Act", 11 as now or hereafter amended, 12 3. The Illinois Parentage Act, as amended, 13 4. "Revised Uniform Reciprocal Enforcement of Support 14 Act", approved August 28, 1969, as amended, 15 5. The Juvenile Court Act or the Juvenile Court Act of 16 1987, as amended, 17 6. The "Unified Code of Corrections", approved July 26, 18 1972, as amended, 19 7. Part 7 of Article XII of the Code of Civil Procedure, 20 as amended, 21 8. Part 8 of Article XII of the Code of Civil Procedure, 22 as amended, and 23 9. Other laws which may provide by judicial order for 24 direct payment of support moneys. 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. HB0708 Engrossed -595- LRB9203186EGfg 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 91-613, eff. 10-1-99; revised 9-28-99.) 8 (305 ILCS 5/12-9) (from Ch. 23, par. 12-9) 9 Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The 10 Public Aid Recoveries Trust Fund shall consist of (1) 11 recoveries by the Illinois Department of Public Aid 12 authorized by this Code in respect to applicants or 13 recipients under Articles III, IV, V, and VI, including 14 recoveries made by the Illinois Department of Public Aid from 15 the estates of deceased recipients, (2) recoveries made by 16 the Illinois Department of Public Aid in respect to 17 applicants and recipients under the Children's Health 18 Insurance Program, and (3) federal funds received on behalf 19 of and earned by local governmental entities for services 20 provided to applicants or recipients covered under this Code. 21to the State Disbursement Unit established under Section2210-26 of this Code orThe Fund shall be held as a special 23 fund in the State Treasury. 24 Disbursements from this Fund shall be only (1) for the 25 reimbursement of claims collected by the Illinois Department 26 of Public Aid through error or mistake, (2) for payment to 27 persons or agencies designated as payees or co-payees on any 28 instrument, whether or not negotiable, delivered to the 29 Illinois Department of Public Aid as a recovery under this 30 Section, such payment to be in proportion to the respective 31 interests of the payees in the amount so collected, (3) for 32 payments to the Department of Human Services for collections 33 made by the Illinois Department of Public Aid on behalf of HB0708 Engrossed -596- LRB9203186EGfg 1 the Department of Human Services under this Code, (4)from2the State Disbursement Unit Revolving Fund under Section312-8.1 of this Code orfor payment of administrative expenses 4 incurred in performing the activities authorized under this 5 Code, (5) for payment of fees to persons or agencies in the 6 performance of activities pursuant to the collection of 7 monies owed the State that are collected under this Code, (6) 8 for payments of any amounts which are reimbursable to the 9 federal government which are required to be paid by State 10 warrant by either the State or federal government, and (7) 11 for payments to local governmental entities of federal funds 12 for services provided to applicants or recipients covered 13 under this Code. Disbursements from this Fund for purposes 14 of items (4) and (5) of this paragraph shall be subject to 15 appropriations from the Fund to the Illinois Department of 16 Public Aid. 17 The balance in this Fund on the first day of each 18 calendar quarter, after payment therefrom of any amounts 19 reimbursable to the federal government, and minus the amount 20 reasonably anticipated to be needed to make the disbursements 21 during that quarter authorized by this Section, shall be 22 certified by the Director of the Illinois Department of 23 Public Aid and transferred by the State Comptroller to the 24 General Revenue Fund in the State Treasury within 30 days of 25 the first day of each calendar quarter. 26 On July 1, 1999, the State Comptroller shall transfer the 27 sum of $5,000,000 from the Public Aid Recoveries Trust Fund 28 (formerly the Public Assistance Recoveries Trust Fund) into 29 the DHS Recoveries Trust Fund. 30 (Source: P.A. 90-255, eff. 1-1-98; 91-24, eff. 7-1-99; 31 91-212, eff. 7-20-99; revised 9-28-99.) 32 Section 76.5. The Respite Program Act is amended by 33 changing Section 2 as follows: HB0708 Engrossed -597- LRB9203186EGfg 1 (320 ILCS 10/2) (from Ch. 23, par. 6202) 2 Sec. 2. Definitions. As used in this Act: 3 (1) "Respite care" means the provision of intermittent 4 and temporary substitute care or supervision of frail or 5 abused or functionally disabled or cognitively impaired older 6 adults on behalf of and in the absence of the primary 7 care-giver, for the purpose of providing relief from the 8 stress or responsibilities concomitant with providing 9 constant care, so as to enable the care-giver to continue the 10 provision of care in the home. Respite care should be 11 available to sustain the primary care-giver throughout the 12 period of care-giving, which can vary from several months to 13 a number of years. Respite care can be provided in the home, 14 in a community based day care setting during the day, 15 overnight, or for more extended periods of time on a 16 temporary basis. 17 (2) "Care-giver" shall mean the family member or other 18 natural person who normally provides the daily care or 19 supervision of a frail, abused or disabled elderly adult. 20 Such care-giver may, but need not, reside in the same 21 household as the frail or disabled adult. 22 (3) "Provider" shall mean any entity enumerated in 23 paragraph (1) of this Section which is the supplier of 24 services providing respite. 25 (4) "Sponsor" shall mean the provider, public agency or 26 community group approved by the Director which establishes a 27 contractual relationship with the Department for the purposes 28 of providing services to persons under this Act, and which is 29 responsible for the recruitment of providers, the 30 coordination and arrangement of provider services in a manner 31 which meets client needs, the general supervision of the 32 local program, and the submission of such information or 33 reports as may be required by the Director. 34 (5) "Director" shall mean the Director ofonAging. HB0708 Engrossed -598- LRB9203186EGfg 1 (6) "Department" shall mean the Department on Aging. 2 (7) "Abused" shall have the same meaning ascribed to it 3 in Section 103 of the Illinois Domestic Violence Act of 1986. 4 (8) "Frail or disabled adult" shall mean any person 5 suffering from Alzheimer's diseaseandwho is 55 years of age 6 or older or any adult 60 years of age or older, who is unable 7 to attend to his or her daily needs without the assistance or 8 regular supervision of a care-giver due to mental or physical 9 impairment and who is otherwise eligible for services on the 10 basis of his or her level of impairment. 11 (9) "Emergency respite care" means the immediate 12 placement of a trained, in-home respite care worker in the 13 home during an emergency or unplanned event to substitute for 14 the primary care-giver. Emergency respite care may be 15 provided in the home on one or more occasions unless an 16 extension is deemed necessary by the case coordination unit. 17 When there is an urgent need for emergency respite care, 18 procedures to accommodate this need must be determined. An 19 emergency is: 20 (a) An unplanned event that results in the 21 immediate and unavoidable absence of the primary 22 care-giver from the home in an excess of 4 hours at a 23 time when no other qualified care-giver is available. 24 (b) An unplanned situation that prevents the 25 primary care-giver from providing the care required by a 26 frail or abused or functionally disabled or cognitively 27 impaired adult living at home. 28 (c) An unplanned event that threatens the health 29 and safety of the disabled adult. 30 (d) An unplanned event that threatens the health 31 and safety of the primary care-giver thereby placing the 32 frail or abused or functionally disabled or cognitively 33 impaired older adult in danger. 34 (10) "Primary care-giver" means the spouse, relative, or HB0708 Engrossed -599- LRB9203186EGfg 1 friend, 18 years of age or older, who provides the daily 2 in-home care and supervision of a frail or abused or 3 functionally disabled or cognitively impaired older adult. A 4 primary care-giver may, but does not need to, reside in the 5 same household as the frail or abused or functionally 6 disabled or cognitively impaired adult. A primary care-giver 7 requires intermittent relief from his or hertheircaregiving 8 duties to continue to function as the primary care-giver. 9 (Source: P.A. 91-357, eff. 7-29-99; revised 2-23-00.) 10 Section 77. The Elder Abuse and Neglect Act is amended 11 by changing Sections 2 and 3.5 as follows: 12 (320 ILCS 20/2) (from Ch. 23, par. 6602) 13 Sec. 2. Definitions. As used in this Act, unless the 14 context requires otherwise: 15 (a) "Abuse" means causing any physical, mental or sexual 16 injury to an eligible adult, including exploitation of such 17 adult's financial resources. 18 Nothing in this Act shall be construed to mean that an 19 eligible adult is a victim of abuse or neglect for the sole 20 reason that he or she is being furnished with or relies upon 21 treatment by spiritual means through prayer alone, in 22 accordance with the tenets and practices of a recognized 23 church or religious denomination. 24 Nothing in this Act shall be construed to mean that an 25 eligible adult is a victim of abuse because of health care 26 services provided or not provided by licensed health care 27 professionals. 28 (a-5) "Abuser" means a person who abuses, neglects, or 29 financially exploits an eligible adult. 30 (a-7) "Caregiver" means a person who either as a result 31 of a family relationship, voluntarily, or in exchange for 32 compensation has assumed responsibility for all or a portion HB0708 Engrossed -600- LRB9203186EGfg 1 of the care of an eligible adult who needs assistance with 2 activities of daily living. 3 (b) "Department" means the Department on Aging of the 4 State of Illinois. 5 (c) "Director" means the Director of the Department. 6 (d) "Domestic living situation" means a residence where 7 the eligible adult lives alone or with his or her family or a 8 caregiver, or others, or a board and care home or other 9 community-based unlicensed facility, but is not: 10 (1) A licensed facility as defined in Section 1-113 11 of the Nursing Home Care Act; 12 (2) A "life care facility" as defined in the Life 13 Care Facilities Act; 14 (3) A home, institution, or other place operated by 15 the federal government or agency thereof or by the State 16 of Illinois; 17 (4) A hospital, sanitarium, or other institution, 18 the principal activity or business of which is the 19 diagnosis, care, and treatment of human illness through 20 the maintenance and operation of organized facilities 21 therefor, which is required to be licensed under the 22 Hospital Licensing Act; 23 (5) A "community living facility" as defined in the 24 Community Living Facilities Licensing Act; 25 (6) A "community residential alternative" as 26 defined in the Community Residential Alternatives 27 Licensing Act; and 28 (7) A "community-integrated living arrangement" as 29 defined in the Community-Integrated Living Arrangements 30 Licensure and Certification Act. 31 (e) "Eligible adult" means a person 60 years of age or 32 older who resides in a domestic living situation and is, or 33 is alleged to be, abused, neglected, or financially exploited 34 by another individual. HB0708 Engrossed -601- LRB9203186EGfg 1 (f) "Emergency" means a situation in which an eligible 2 adult is living in conditions presenting a risk of death or 3 physical, mental or sexual injury and the provider agency has 4 reason to believe the eligible adult is unable to consent to 5 services which would alleviate that risk. 6 (f-5) "Mandated reporter" means any of the following 7 persons while engaged in carrying out their professional 8 duties: 9 (1) a professional or professional's delegate while 10 engaged in: (i) social services, (ii) law enforcement, 11 (iii) education, (iv) the care of an eligible adult or 12 eligible adults, or (v) any of the occupations required 13 to be licensed under the Clinical Psychologist Licensing 14 Act, the Clinical Social Work and Social Work Practice 15 Act, the Illinois Dental Practice Act, the Dietetic and 16 Nutrition Services Practice Act, the Marriage and Family 17 Therapy Licensing Act, the Medical Practice Act of 1987, 18 the Naprapathic Practice Act, the Nursing and Advanced 19 Practice Nursing Act, the Nursing Home Administrators 20 Licensing and Disciplinary Act, the Illinois 21 Occupational Therapy Practice Act, the Illinois 22 Optometric Practice Act of 1987, the Pharmacy Practice 23 Act of 1987, the Illinois Physical Therapy Act, the 24 Physician Assistant Practice Act of 1987, the Podiatric 25 Medical Practice Act of 1987, the Respiratory Care 26 Practice Act, the Professional Counselor and Clinical 27 Professional Counselor Licensing Act, the Illinois 28 Speech-Language Pathology and Audiology Practice Act, the 29 Veterinary Medicine and Surgery Practice Act of 1994, and 30 the Illinois Public Accounting Act; 31 (2) an employee of a vocational rehabilitation 32 facility prescribed or supervised by the Department of 33 Human Services; 34 (3) an administrator, employee, or person providing HB0708 Engrossed -602- LRB9203186EGfg 1 services in or through an unlicensed community based 2 facility; 3 (4) a Christian Science Practitioner; 4 (5) field personnel of the Department of Public 5 Aid, Department of Public Health, and Department of Human 6 Services, and any county or municipal health department; 7 (6) personnel of the Department of Human Services, 8 the Guardianship and Advocacy Commission, the State Fire 9 Marshal, local fire departments, the Department on Aging 10 and its subsidiary Area Agencies on Aging and provider 11 agencies, and the Office of State Long Term Care 12 Ombudsman; 13 (7) any employee of the State of Illinois not 14 otherwise specified herein who is involved in providing 15 services to eligible adults, including professionals 16 providing medical or rehabilitation services and all 17 other persons having direct contact with eligible adults; 18 or 19 (8) a person who performs the duties of a coroner 20 or medical examiner. 21 (g) "Neglect" means another individual's failure to 22 provide an eligible adult with or willful withholding from an 23 eligible adult the necessities of life including, but not 24 limited to, food, clothing, shelter or medical care. This 25 subsection does not create any new affirmative duty to 26 provide support to eligible adults. Nothing in this Act 27 shall be construed to mean that an eligible adult is a victim 28 of neglect because of health care services provided or not 29 provided by licensed health care professionals. 30 (h) "Provider agency" means any public or nonprofit 31 agency in a planning and service area appointed by the 32 regional administrative agency with prior approval by the 33 Department on Aging to receive and assess reports of alleged 34 or suspected abuse, neglect, or financial exploitation. HB0708 Engrossed -603- LRB9203186EGfg 1 (i) "Regional administrative agency" means any public or 2 nonprofit agency in a planning and service area so designated 3 by the Department, provided that the designated Area Agency 4 on Aging shall be designated the regional administrative 5 agency if it so requests. The Department shall assume the 6 functions of the regional administrative agency for any 7 planning and service area where another agency is not so 8 designated. 9 (j) "Substantiated case" means a reported case of 10 alleged or suspected abuse, neglect, or financial 11 exploitation in which a provider agency, after assessment, 12 determines that there is reason to believe abuse, neglect, or 13 financial exploitation has occurred. 14 (Source: P.A. 90-628, eff. 1-1-99; 91-259, eff. 1-1-00; 15 91-357, eff. 7-29-99; 91-533, eff. 8-13-99; revised 8-30-99.) 16 (320 ILCS 20/3.5) 17 Sec. 3.5. Other Responsibilities. The Department shall 18 also be responsible for the following activities, contingent 19 upon adequate funding: 20 (a) promotion of a wide range of endeavors for the 21 purpose of preventing elder abuse, neglect, and financial 22 exploitation in both domestic and institutional settings, 23 including, but not limited to, promotion of public and 24 professional education to increase awareness of elder abuse, 25 neglect, and financial exploitation, to increase reports, and 26 to improve response by various legal, financial, social, and 27 health systems; 28 (b) coordination of efforts with other agencies, 29 councils, and like entities, to include but not be limited 30 to, the Office of the Attorney General, the State Police, the 31 Illinois Law Enforcement TrainingandStandards Board, the 32 State Triad, the Criminal Justice Information Authority, the 33 Departments of Public Health, Public Aid, and Human Services, HB0708 Engrossed -604- LRB9203186EGfg 1 the Family Violence Coordinating Council, the Violence 2 Prevention Authority, and other entities which may impact 3 awareness of, and response to, elder abuse, neglect, and 4 financial exploitation; 5 (c) collection and analysis of data; 6 (d) monitoring of the performance of regional 7 administrative agencies and elder abuse provider agencies; 8 and 9 (e) promotion of prevention activities. 10 (Source: P.A. 90-628, eff. 1-1-99; revised 2-23-00.) 11 Section 78. The Abused and Neglected Child Reporting Act 12 is amended by changing Section 4 as follows: 13 (325 ILCS 5/4) (from Ch. 23, par. 2054) 14 Sec. 4. Persons required to report; privileged 15 communications; transmitting false report. Any physician, 16 resident, intern, hospital, hospital administrator and 17 personnel engaged in examination, care and treatment of 18 persons, surgeon, dentist, dentist hygienist, osteopath, 19 chiropractor, podiatrist, physician assistant, substance 20 abuse treatment personnel, Christian Science practitioner, 21 funeral home director or employee, coroner, medical examiner, 22 emergency medical technician, acupuncturist, crisis line or 23 hotline personnel, school personnel, educational advocate 24 assigned to a child pursuant to the School Code, truant 25 officers, social worker, social services administrator, 26 domestic violence program personnel, registered nurse, 27 licensed practical nurse, respiratory care practitioner, 28 advanced practice nurse, home health aide, director or staff 29 assistant of a nursery school or a child day care center, 30 recreational program or facility personnel, law enforcement 31 officer, registered psychologist and assistants working 32 under the direct supervision of a psychologist, psychiatrist, HB0708 Engrossed -605- LRB9203186EGfg 1 or field personnel of the Illinois Department of Public Aid, 2 Public Health, Human Services (acting as successor to the 3 Department of Mental Health and Developmental Disabilities, 4 Rehabilitation Services, or Public Aid), Corrections, Human 5 Rights, or Children and Family Services, supervisor and 6 administrator of general assistance under the Illinois Public 7 Aid Code, probation officer, or any other foster parent, 8 homemaker or child care worker having reasonable cause to 9 believe a child known to them in their professional or 10 official capacity may be an abused child or a neglected child 11 shall immediately report or cause a report to be made to the 12 Department. Whenever such person is required to report under 13 this Act in his capacity as a member of the staff of a 14 medical or other public or private institution, school, 15 facility or agency, he shall make report immediately to the 16 Department in accordance with the provisions of this Act and 17 may also notify the person in charge of such institution, 18 school, facility or agency or his designated agent that such 19 report has been made. Under no circumstances shall any 20 person in charge of such institution, school, facility or 21 agency, or his designated agent to whom such notification has 22 been made, exercise any control, restraint, modification or 23 other change in the report or the forwarding of such report 24 to the Department. The privileged quality of communication 25 between any professional person required to report and his 26 patient or client shall not apply to situations involving 27 abused or neglected children and shall not constitute grounds 28 for failure to report as required by this Act. In addition 29 to the above persons required to report suspected cases of 30 abused or neglected children, any other person may make a 31 report if such person has reasonable cause to believe a child 32 may be an abused child or a neglected child. Any person who 33 enters into employment on and after July 1, 1986 and is 34 mandated by virtue of that employment to report under this HB0708 Engrossed -606- LRB9203186EGfg 1 Act, shall sign a statement on a form prescribed by the 2 Department, to the effect that the employee has knowledge and 3 understanding of the reporting requirements of this Act. The 4 statement shall be signed prior to commencement of the 5 employment. The signed statement shall be retained by the 6 employer. The cost of printing, distribution, and filing of 7 the statement shall be borne by the employer. The Department 8 shall provide copies of this Act, upon request, to all 9 employers employing persons who shall be required under the 10 provisions of this Section to report under this Act. 11 Any person who knowingly transmits a false report to the 12 Department commits the offense of disorderly conduct under 13 subsection (a)(7) of Section 26-1 of the "Criminal Code of 14 1961". Any person who violates this provision a second or 15 subsequent time shall be guilty of a Class 4 felony. 16 Any person who knowingly and willfully violates any 17 provision of this Section other than a second or subsequent 18 violation of transmitting a false report as described in the 19 preceding paragraph, shall be guilty of a Class A 20 misdemeanor. 21 A child whose parent, guardian or custodian in good faith 22 selects and depends upon spiritual means through prayer 23 alone for the treatment or cure of disease or remedial care 24 may be considered neglected or abused, but not for the sole 25 reason that his parent, guardian or custodian accepts and 26 practices such beliefs. 27 A child shall not be considered neglected or abused 28 solely because the child is not attending school in 29 accordance with the requirements of Article 26 of the School 30 Code, as amended. 31 (Source: P.A. 90-116, eff. 7-14-97; 91-259, eff. 1-1-00; 32 91-516, eff. 8-13-99; revised 10-14-99.) 33 Section 78.5. The Mental Health and Developmental HB0708 Engrossed -607- LRB9203186EGfg 1 Disabilities Code is amended by changing Sections 2-107.1, 2 3-603, 3-704, and 3-820 as follows: 3 (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1) 4 Sec. 2-107.1. Administration of authorized involuntary 5 treatment upon application to a court. 6 (a) An adult recipient of services and the recipient's 7 guardian, if the recipient is under guardianship, and the 8 substitute decision maker, if any, shall be informed of the 9 recipient's right to refuse medication. The recipient and the 10 recipient's guardian or substitute decision maker shall be 11 given the opportunity to refuse generally accepted mental 12 health or developmental disability services, including but 13 not limited to medication. 14 (a-5) Notwithstanding the provisions of Section 2-107 of 15 this Code, authorized involuntary treatment may be 16 administered to an adult recipient of services without the 17 informed consent of the recipient under the following 18 standards: 19 (1) Any person 18 years of age or older, including 20 any guardian, may petition the circuit court for an order 21 authorizing the administration of authorized involuntary 22 treatment to a recipient of services. The petition shall 23 state that the petitioner has made a good faith attempt 24 to determine whether the recipient has executed a power 25 of attorney for health care under the Powers of Attorney 26 for Health Care Law or a declaration for mental health 27 treatment under the Mental Health Treatment Preference 28 Declaration Act and to obtain copies of these instruments 29 if they exist. If either of the above-named instruments 30 is available to the petitioner, the instrument or a copy 31 of the instrument shall be attached to the petition as an 32 exhibit. The petitioner shall deliver a copy of the 33 petition, and notice of the time and place of the HB0708 Engrossed -608- LRB9203186EGfg 1 hearing, to the respondent, his or her attorney, any 2 known agent or attorney-in-fact, if any, and the 3 guardian, if any, no later than 3 days prior to the date 4 of the hearing. Service of the petition and notice of the 5 time and place of the hearing may be made by transmitting 6 them via facsimile machine to the respondent or other 7 party. Upon receipt of the petition and notice, the 8 party served, or the person delivering the petition and 9 notice to the party served, shall acknowledge service. 10 If the party sending the petition and notice does not 11 receive acknowledgement of service within 24 hours, 12 service must be made by personal service. 13If the hearing is requested to be held immediately14following the hearing on a petition for involuntary15admission, then the notice requirement shall be the same16as that for the hearing on the petition for involuntary17admission, and the petition filed pursuant to this18Section shall be filed with the petition for involuntary19admission.The petition may include a request that the 20 court authorize such testing and procedures as may be 21 essential for the safe and effective administration of 22 the authorized involuntary treatment sought to be 23 administered, but only where the petition sets forth the 24 specific testing and procedures sought to be 25 administered. 26 If a hearing is requested to be held immediately 27 following the hearing on a petition for involuntary 28 admission, then the notice requirement shall be the same 29 as that for the hearing on the petition for involuntary 30 admission, and the petition filed pursuant to this 31 Section shall be filed with the petition for involuntary 32 admission. 33 (2) The court shall hold a hearing within 7 days of 34 the filing of the petition. The People, the petitioner, HB0708 Engrossed -609- LRB9203186EGfg 1 or the respondent shall be entitled to a continuance of 2 up to 7 days as of right. An additional continuance of 3 not more than 7 days may be granted to any party (i) upon 4 a showing that the continuance is needed in order to 5 adequately prepare for or present evidence in a hearing 6 under this Section or (ii) under exceptional 7 circumstances. The court may grant an additional 8 continuance not to exceed 21 days when, in its 9 discretion, the court determines that such a continuance 10 is necessary in order to provide the recipient with an 11 examination pursuant to Section 3-803 or 3-804 of this 12 Act, to provide the recipient with a trial by jury as 13 provided in Section 3-802 of this Act, or to arrange for 14 the substitution of counsel as provided for by the 15 Illinois Supreme Court Rules. The hearing shall be 16 separate from a judicial proceeding held to determine 17 whether a person is subject to involuntary admission but 18 may be heard immediately preceding or following such a 19 judicial proceeding and may be heard by the same trier of 20 fact or law as in that judicial proceeding. 21 (3) Unless otherwise provided herein, the 22 procedures set forth in Article VIII of Chapter 3 of this 23 Act, including the provisions regarding appointment of 24 counsel, shall govern hearings held under this subsection 25 (a-5). 26 (4) Authorized involuntary treatment shall not be 27 administered to the recipient unless it has been 28 determined by clear and convincing evidence that all of 29 the following factors are present: 30 (A) That the recipient has a serious mental 31 illness or developmental disability. 32 (B) That because of said mental illness or 33 developmental disability, the recipient exhibits any 34 one of the following: (i) deterioration of his or HB0708 Engrossed -610- LRB9203186EGfg 1 her ability to function, (ii) suffering, or (iii) 2 threatening behavior. 3 (C) That the illness or disability has existed 4 for a period marked by the continuing presence of 5 the symptoms set forth in item (B) of this 6 subdivision (4) or the repeated episodic occurrence 7 of these symptoms. 8 (D) That the benefits of the treatment 9 outweigh the harm. 10 (E) That the recipient lacks the capacity to 11 make a reasoned decision about the treatment. 12 (F) That other less restrictive services have 13 been explored and found inappropriate. 14 (G) If the petition seeks authorization for 15 testing and other procedures, that such testing and 16 procedures are essential for the safe and effective 17 administration of the treatment. 18 (5) In no event shall an order issued under this 19 Section be effective for more than 90 days. A second 20 90-day period of involuntary treatment may be authorized 21 pursuant to a hearing that complies with the standards 22 and procedures of this subsection (a-5). Thereafter, 23 additional 180-day periods of involuntary treatment may 24 be authorized pursuant to the standards and procedures of 25 this Section without limit. If a new petition to 26 authorize the administration of authorized involuntary 27 treatment is filed at least 15 days prior to the 28 expiration of the prior order, and if any continuance of 29 the hearing is agreed to by the recipient, the 30 administration of the treatment may continue in 31 accordance with the prior order pending the completion of 32 a hearing under this Section. 33 (6) An order issued under this subsection (a-5) 34 shall designate the persons authorized to administer the HB0708 Engrossed -611- LRB9203186EGfg 1 authorized involuntary treatment under the standards and 2 procedures of this subsection (a-5). Those persons shall 3 have complete discretion not to administer any treatment 4 authorized under this Section. The order shall also 5 specify the medications and the anticipated range of 6 dosages that have been authorized. 7 (b) A guardian may be authorized to consent to the 8 administration of authorized involuntary treatment to an 9 objecting recipient only under the standards and procedures 10 of subsection (a-5). 11 (c) Notwithstanding any other provision of this Section, 12 a guardian may consent to the administration of authorized 13 involuntary treatment to a non-objecting recipient under 14 Article XIa of the Probate Act of 1975. 15 (d) Nothing in this Section shall prevent the 16 administration of authorized involuntary treatment to 17 recipients in an emergency under Section 2-107 of this Act. 18 (e) Notwithstanding any of the provisions of this 19 Section, authorized involuntary treatment may be administered 20 pursuant to a power of attorney for health care under the 21 Powers of Attorney for Health Care Law or a declaration for 22 mental health treatment under the Mental Health Treatment 23 Preference Declaration Act. 24 (Source: P.A. 90-538, eff. 12-1-97; 91-726, eff. 6-2-00; 25 91-787, eff. 1-1-01; revised 6-28-00.) 26 (405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603) 27 Sec. 3-603. (a) If no physician, qualified examiner, or 28 clinical psychologist is immediately available or it is not 29 possible after a diligent effort to obtain the certificate 30 provided for in Section 3-602, the respondent may be detained 31 for examination in a mental health facility upon presentation 32 of the petition alone pending the obtaining of such a 33 certificate. HB0708 Engrossed -612- LRB9203186EGfg 1 (b) In such instance the petition shall conform to the 2 requirements of Section 3-601 and further specify that: 3 1. the petitioner believes, as a result of his 4 personal observation, that the respondent is subject to 5 involuntary admission; 6 2. a diligent effort was made to obtain a 7 certificate; 8 3. no physician, qualified examiner, or clinical 9 psychologist could be found who has examined or could 10 examine the respondent; and 11 4. a diligent effort has been made to convince the 12 respondent to appear voluntarily for examination by a 13 physician, qualified examiner, or clinical psychologist, 14 unless the petitioner reasonably believes that effort 15 would impose a risk of harm to the respondent or others. 16 (Source: P.A. 91-726, eff. 6-2-00; 91-837, eff. 6-16-00; 17 revised 7-5-00.) 18 (405 ILCS 5/3-704) (from Ch. 91 1/2, par. 3-704) 19 Sec. 3-704. Examination; detention. 20 (a) The respondent shall be permitted to remain in his 21 or her place of residence pending any examination. The 22 respondent may be accompanied by one or more of his or her 23 relatives or friends or by his or her attorney to the place 24 of examination. If, however, the court finds that it is 25 necessary in order to complete the examination the court may 26 order that the person be admitted to a mental health facility 27 pending examination and may order a peace officer or other 28 person to transport the person there. The examination shall 29 be conducted at a local mental health facility or hospital 30 or, if possible, in the respondent's own place of residence. 31 No person may be detained for examination under this Section 32 for more than 24 hours. The person shall be released upon 33 completion of the examination unless the physician, qualified HB0708 Engrossed -613- LRB9203186EGfg 1 examiner or clinical psychologist executes a certificate 2 stating that the person is subject to involuntary admission 3 and in need of immediate hospitalization to protect such 4 person or others from physical harm. Upon admission under 5 this Section treatment may be given pursuant to Section 6 3-608. 7 (a-5) Whenever a respondent has been transported to a 8 mental health facility for an examination, the admitting 9 facility shall inquire, upon the respondent's arrival, 10 whether the respondent wishes any person or persons to be 11 notified of his or her detention at that facility. If the 12 respondent does wish to have any person or persons notified 13 of his or her detention at the facility, the facility must 14 promptly make all reasonable attempts to locate the 15 individual identified by the respondent, or at least 2 16 individuals identified by the respondent if more than one has 17 been identified, and notify them of the respondent's 18 detention at the facility for a mandatory examination 19 pursuant to court order. 20 (b) Not later than 24 hours, excluding Saturdays, 21 Sundays, and holidays, after admission under this Section, 22 the respondent shall be asked if he desires the petition and 23 the notice required under Section 3-206 sent to any other 24 persons and at least 2 such persons designated by the 25 respondent shall be sent the documents. At the time of his 26 admission the respondent shall be allowed to complete not 27 fewer than 2 telephone calls to such persons as he chooses. 28 (Source: P.A. 91-726, eff. 6-2-00; 91-837, eff. 6-16-00; 29 revised 7-5-00.) 30 (405 ILCS 5/3-820) (from Ch. 91 1/2, par. 3-820) 31 Sec. 3-820. Domestic violence;:order of protection. An 32 order of protection, as defined in the Illinois Domestic 33 Violence Act of 1986,as enacted by the 84th GeneralHB0708 Engrossed -614- LRB9203186EGfg 1Assembly,may be issued in conjunction with a proceeding for 2 involuntary commitment if the petition for an order of 3 protection alleges that a person who is party to or the 4 subject of the proceeding has been abused by or has abused a 5 family or household member. The Illinois Domestic Violence 6 Act of 1986 shall govern the issuance, enforcement, and 7 recording of ordersorderof protection issued under this 8 Section. 9 (Source: P.A. 84-1305; revised 2-23-00.) 10 Section 79. The Illinois Rural/Downstate Health Act is 11 amended by changing Section 4 as follows: 12 (410 ILCS 65/4) (from Ch. 111 1/2, par. 8054) 13 Sec. 4. The Center shall have the authority: 14 (a) To assist rural communities and communities in 15 designated shortage areas by providing technical assistance 16 to community leaders in defining their specific health care 17 needs and identifying strategies to address those needs. 18 (b) To link rural communities and communities in 19 designated shortage areas with other units in the Department 20 or other State agencies which can assist in the solution of a 21 health care access problem. 22 (c) To maintain and disseminate information on 23 innovative health care strategies, either directly or 24 indirectly. 25 (d) To administer State or federal grant programs 26 relating to rural health or medically underserved areas 27 established by State or federal law for which funding has 28 been made available. 29 (e) To promote the development of primary care services 30 in rural areas and designated shortage areas. Subject to 31 available appropriations, the Department may annually award 32 grants of up to $300,000 each to enable the health services HB0708 Engrossed -615- LRB9203186EGfg 1 in those areas to offer multi-service comprehensive 2 ambulatory care, thereby improving access to primary care 3 services. Grants may cover operational and facility 4 construction and renovation expenses, including but not 5 limited to the cost of personnel, medical supplies and 6 equipment, patient transportation, and health provider 7 recruitment. The Department shall prescribe by rule standards 8 and procedures for the provision of local matching funds in 9 relation to each grant application. Grants provided under 10 this paragraph (e) shall be in addition to support and 11 assistance provided under subsection (a) of Section 2310-200 12 of the Department of Public Health Powers and Duties Law (20 13 ILCS 2310/2310-200). Eligible applicants shall include, but 14 not be limited to, community-based organizations, hospitals, 15 local health departments, and Community Health Centers as 16 defined in Section 4.1 of this Act. 17 (f) To annually provide grants from available 18 appropriations to hospitals located in medically underserved 19 areas or health manpower shortage areas as defined by the 20 United States Department of Health and Human Services, whose 21 governing boards include significant representation of 22 consumers of hospital services residing in the area served by 23 the hospital, and which agree not to discriminate in any way 24 against any consumer of hospital services based upon the 25 consumer's source of payment for those services. Grants that 26 may be awarded under this paragraph (f) shall be limited to 27 $500,000 and shall not exceed 50% of the total project need 28 indicated in each application. Expenses covered by the grants 29 may include but are not limited to facility renovation, 30 equipment acquisition and maintenance, recruitment of health 31 personnel, diversification of services, and joint venture 32 arrangements. 33 (g) To establish a recruitment center which shall 34 actively recruit physicians and other health care HB0708 Engrossed -616- LRB9203186EGfg 1 practitioners to participate in the program, maintain 2 contacts with participating practitioners, actively promote 3 health care professional practice in designated shortage 4 areas, assist in matching the skills of participating medical 5 students with the needs of community health centers in 6 designated shortage areas, and assist participating medical 7 students in locating in designated shortage areas. 8 (h) To assist communities in designated shortage areas 9 find alternative services or temporary health care providers 10 when existing health care providers are called into active 11 duty with the armed forces of the United States. 12 (i) To develop, in cooperation with the Illinois 13 Development Finance Authority, financing programs whose goals 14 and purposes shall be to provide moneys to carry out the 15 purpose of this Act, including, but not limited to, revenue 16 bond programs, revolving loan programs, equipment leasing 17 programs, and working cash programs. The Department may 18 transfer to the Illinois Development Finance Authority, into 19 an account outside of the State treasury, moneys in special 20 funds of the Department for the purposes of establishing 21 those programs. The disposition of any moneys so transferred 22 shall be determined by an interagency agreement. 23 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 24 revised 8-5-99.) 25 Section 79.5. The Vital Records Act is amended by 26 changing Section 25.5 as follows: 27 (410 ILCS 535/25.5) 28 Sec. 25.5. Death Certificate Surcharge Fund. The 29 additional $2 fee for certified copies of death certificates 30 and fetal death certificates must be deposited into the Death 31 Certificate Surcharge Fund, a special fund created in the 32 State treasury. Moneys in the Fund, subject to HB0708 Engrossed -617- LRB9203186EGfg 1 appropriations, may be used as follows: (i) 25% by the 2 Illinois Law Enforcement TrainingandStandards Board for the 3 purpose of training coroners, (ii) 25% by the Illinois 4 Necropsy Board for equipment and lab facilities, (iii) 25% by 5 the Department of Public Health for the purpose of setting up 6 a statewide database of death certificates, and (iv) 25% for 7 a grant by the Department of Public Health to the Cook County 8 Health Department. 9 (Source: P.A. 91-382, eff. 7-30-99; revised 2-23-00.) 10 Section 80. The Environmental Protection Act is amended 11 by changing Sections 19.2, 19.3, 19.4, 19.5, 19.6, 31.1, and 12 55.6 and by setting forth and renumbering multiple versions 13 of Section 58.15 as follows: 14 (415 ILCS 5/19.2) (from Ch. 111 1/2, par. 1019.2) 15 Sec. 19.2. As used in this Title, unless the context 16 clearly requires otherwise: 17 (a) "Agency" means the Illinois Environmental Protection 18 Agency. 19 (b) "Fund" means the Water Revolving Fund created 20 pursuant to this Title, consisting of the Water Pollution 21 Control Loan Program, the Public Water Supply Loan Program, 22 and the Loan Support Program. 23 (c) "Loan" means a loan made from the Water Pollution 24 Control Loan Program or the Public Water Supply Loan Program 25 to an eligible applicantor a privately owned community water26supplyas a result of a contractual agreement between the 27 Agency and such applicantor privately owned community water28supply. 29 (d) "Construction" means any one or more of the 30 following which is undertaken for a public purpose: 31 preliminary planning to determine the feasibility of the 32 treatment works or public water supply, engineering, HB0708 Engrossed -618- LRB9203186EGfg 1 architectural, legal, fiscal or economic investigations or 2 studies, surveys, designs, plans, working drawings, 3 specifications, procedures or other necessary actions, 4 erection, building, acquisition, alteration, remodeling, 5 improvement or extension of treatment works or public water 6 supplies, or the inspection or supervision of any of the 7 foregoing items. "Construction" also includes implementation 8 of source water quality protection measures and establishment 9 and implementation of wellhead protection programs in 10 accordance with Section 1452(k)(1) of the federal Safe 11 Drinking Water Act. 12 (e) "Intended use plan" means a plan which includes a 13 description of the short and long term goals and objectives 14 of the Water Pollution Control Loan Program and the Public 15 Water Supply Loan Program, project categories, discharge 16 requirements, terms of financial assistance and the loan 17 applicantslocal government units and privately owned18community water suppliesto be served. 19 (f) "Treatment works" means any devices and systems 20 owned by a local government unit and used in the storage, 21 treatment, recycling, and reclamation of sewerage or 22 industrial wastes of a liquid nature, including intercepting 23 sewers, outfall sewers, sewage collection systems, pumping 24 power and other equipment, and appurtenances; extensions, 25 improvements, remodeling, additions, and alterations thereof; 26 elements essential to provide a reliable recycled supply, 27 such as standby treatment units and clear well facilities; 28 and any works, including site acquisition of the land that 29 will be an integral part of the treatment process for 30 wastewater facilities. 31 (g) "Local government unit" means a county, 32 municipality, township, municipal or county sewerage or 33 utility authority, sanitary district, public water district, 34 improvement authority or any other political subdivision HB0708 Engrossed -619- LRB9203186EGfg 1 whose primary purpose is to construct, operate and maintain 2 wastewater treatment facilities or public water supply 3 facilities or both. 4 (h) "Privately owned community water supply" means: 5 (1) an investor-owned water utility, if under 6 Illinois Commerce Commission regulation and operating as 7 a separate and distinct water utility; 8 (2) a not-for-profit water corporation, if 9 operating specifically as a water utility; and 10 (3) a mutually owned or cooperatively owned 11 community water system, if operating as a separate water 12 utility. 13 (Source: P.A. 90-121, eff. 7-17-97; 91-36, eff. 6-15-99; 14 91-52, eff. 6-30-99; 91-501, eff. 8-13-99; revised 10-13-99.) 15 (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3) 16 Sec. 19.3. Water Revolving Fund. 17 (a) There is hereby created within the State Treasury a 18 Water Revolving Fund, consisting of 3 interest-bearing 19 special programs to be known as the Water Pollution Control 20 Loan Program, the Public Water Supply Loan Program, and the 21 Loan Support Program, which shall be used and administered by 22 the Agency. 23 (b) The Water Pollution Control Loan Program shall be 24 used and administered by the Agency to provide assistance for 25 the following purposes: 26 (1) to accept and retain funds from grant awards, 27 appropriations, transfers, and payments of interest and 28 principal; 29 (2) to make direct loans at or below market 30 interest rates to any eligible local government unit to 31 finance the construction of wastewater treatments works; 32 (3) to make direct loans at or below market 33 interest rates to any eligible local government unit to HB0708 Engrossed -620- LRB9203186EGfg 1 buy or refinance debt obligations for treatment works 2 incurred after March 7, 1985; 3 (3.5) to make direct loans at or below market 4 interest rates for the implementation of a management 5 program established under Section 319 of the Federal 6 Water Pollution Control Act, as amended; 7 (4) to guarantee or purchase insurance for local 8 obligations where such action would improve credit market 9 access or reduce 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 in the Fund; 15 (6) to finance the reasonable costs incurred by the 16 Agency in the administration of the Fund; and 17 (7) (blank). 18 (c) The Loan Support Program shall be used and 19 administered by the Agency for the following purposes: 20 (1) to accept and retain funds from grant awards 21 and appropriations; 22 (2) to finance the reasonable costs incurred by the 23 Agency in the administration of the Fund, including 24 activities under Title III of this Act, including the 25 administration of the State construction grant program; 26 (3) to transfer funds to the Water Pollution 27 Control Loan Program and the Public Water Supply Loan 28 Program; 29 (4) to accept and retain a portion of the loan 30 repayments; 31 (5) to finance the development of the low interest 32 loan program for public water supply projects; 33 (6) to finance the reasonable costs incurred by the 34 Agency to provide technical assistance for public water HB0708 Engrossed -621- LRB9203186EGfg 1 supplies; and 2 (7) to finance the reasonable costs incurred by the 3 Agency for public water system supervision programs, to 4 administer or provide for technical assistance through 5 source water protection programs, to develop and 6 implement a capacity development strategy, to delineate 7 and assess source water protection areas, and for an 8 operator certification program in accordance with Section 9 1452 of the federal Safe Drinking Water Act. 10 (d) The Public Water Supply Loan Program shall be used 11 and administered by the Agency to provide assistance to local 12 government units and privately owned community water supplies 13 for public water supplies for the following public purposes: 14 (1) to accept and retain funds from grant awards, 15 appropriations, transfers, and payments of interest and 16 principal; 17 (2) to make direct loans at or below market 18 interest rates to any eligible local government unit or 19 to any eligible privately owned community water supply to 20 finance the construction of water supplies; 21 (3) to buy or refinance the debt obligation of a 22 local government unit for costs incurred on or after July 23 17, 1997; 24 (4) to guarantee local obligations where such 25 action would improve credit market access or reduce 26 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 into the Fund; and 32 (6) (blank). 33 (e) The Agency is designated as the administering agency 34 of the Fund. The Agency shall submit to the Regional HB0708 Engrossed -622- LRB9203186EGfg 1 Administrator of the United States Environmental Protection 2 Agency an intended use plan which outlines the proposed use 3 of funds available to the State. The Agency shall take all 4 actions necessary to secure to the State the benefits of the 5 federal Water Pollution Control Act and the federal Safe 6 Drinking Water Act, as now or hereafter amended. 7 (f) The Agency shall have the power to enter into 8 intergovernmental agreements with the federal government or 9 the State, or any instrumentality thereof, for purposes of 10 capitalizing the Water Revolving Fund. Moneys on deposit in 11 the Water Revolving Fund may be used for the creation of 12 reserve funds or pledged funds that secure the obligations of 13 repayment of loans made pursuant to this Section. For the 14 purpose of obtaining capital for deposit into the Water 15 Revolving Fund, the Agency may also enter into agreements 16 with financial institutions and other persons for the purpose 17 of selling loans and developing a secondary market for such 18 loans. The Agency shall have the power to create and 19 establish such reserve funds and accounts as may be necessary 20 or desirable to accomplish its purposes under this subsection 21 and to allocate its available moneys into such funds and 22 accounts. Investment earnings on moneys held in the Water 23 Revolving Fund, including any reserve fund or pledged fund, 24 shall be deposited into the Water Revolving Fund. 25 (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97; 26 91-36, eff. 6-15-99; 91-52, eff. 6-30-99; 91-501, eff. 27 8-13-99; revised 10-13-99.) 28 (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4) 29 Sec. 19.4. Regulations; priorities. 30 (a) The Agency shall have the authority to promulgate 31 regulations to set forth procedures and criteria concerning 32 loan applications. For units of local government, the 33 regulations shall include, but need not be limited to, the HB0708 Engrossed -623- LRB9203186EGfg 1 following elements:submittal of information to the Agency to2ascertain the credit worthiness of the loan applicant, types3of security required for the loan including liens, mortgages,4and other kinds of security interests, types of collateral as5necessary that can be pledged to meet or exceed the loan6amount, special loan terms for securing repayment of the7loan, the staged access to the fund by privately owned8community water supplies,9 (1) loan application requirements; 10 (2) determination of credit worthiness of the loan 11 applicant; 12 (3) special loan terms, as necessary, for securing 13 the repayment of the loan; 14 (4) assurance of payment; 15 (5) interest rates; 16 (6) loan support rates; 17 (7) impact on user charges; 18 (8) eligibility of proposed construction; 19 (9) priority of needs; 20 (10) special loan terms for disadvantaged 21 communities; 22 (11) maximum limits on annual distributions of 23 funds to applicants or groups of applicants; 24 (12) penalties for noncompliance with loan 25 requirements and conditions, including stop-work orders, 26 termination, and recovery of loan funds; and 27 (13) indemnification of the State of Illinois and 28 the Agency by the loan recipient. 29 (b) The Agency shall have the authority to promulgate 30 regulations to set forth procedures and criteria concerning 31 loan applications for loan recipients other than units of 32 local government. In addition to all of the elements 33 required for units of local government under subsection (a), 34 the regulations shall include, but need not be limited to, HB0708 Engrossed -624- LRB9203186EGfg 1 the following elements: 2 (1) types of security required for the loan; 3 (2) types of collateral, as necessary, that can be 4 pledged for the loan; and 5 (3) staged access to fund privately owned community 6 water supplies. 7 (c) The Agency shall develop and maintain a priority 8 list of loan applicants as categorized by need. Priority in 9 making loans from the Public Water Supply Loan Program must 10 first be given to local government units and privately owned 11 community water supplies that need to make capital 12 improvements to protect human health and to achieve 13 compliance with the State and federal primary drinking water 14 standards adopted pursuant to this Act and the federal Safe 15 Drinking Water Act, as now and hereafter amended. 16 (Source: P.A. 90-121, eff. 7-17-97; 91-36, eff. 6-15-99; 17 91-52, eff. 6-30-99; 91-501, eff. 8-13-99; revised 10-13-99.) 18 (415 ILCS 5/19.5) (from Ch. 111 1/2, par. 1019.5) 19 Sec. 19.5. Loans; repayment. 20 (a) The Agency shall have the authority to make loansto21local government units and privately owned community for the22construction of public water suppliespursuant to the 23 regulations promulgated under Section 19.4. 24 (b) Loans made from the Fund shall provide for: 25 (1) a schedule of disbursement of proceeds; 26 (2) a fixed rate that includes interest and loan 27 support based upon priority, but the loan support rate 28 shall not exceed one-half of the fixed rate established 29 for each loan; 30 (3) a schedule of repayment; 31 (4) initiation of principal repayments within one 32 year after the project is operational; and 33 (5) a confession of judgment upon default. HB0708 Engrossed -625- LRB9203186EGfg 1 (c) The Agency may amend existing loans to include a 2 loan support rate only if the overall cost to the loan 3 recipient is not increased. 4 (d) A local government unitor privately owned community5water supplyshall secure the payment of its obligations to 6 the Fund by a dedicated source of repayment, including 7 revenues derived from the imposition of rates, fees and 8 chargesand by other types of security or collateral or both9required to secure the loan pursuant to the regulations10promulgated under Section 19.4. Other loan applicants shall 11 secure the payment of their obligations by appropriate 12 security and collateral pursuant to regulations promulgated 13 under Section 19.4.or privately owned community water supply14 (Source: P.A. 90-121, eff. 7-17-97; 91-36, eff. 6-15-99; 15 91-52, eff. 6-30-99; 91-501, eff. 8-13-99; revised 10-13-99.) 16 (415 ILCS 5/19.6) (from Ch. 111 1/2, par. 1019.6) 17 Sec. 19.6. Delinquent loan repayment. 18 (a) In the event that a timely payment is not made by a 19 loan recipientor the privately owned community water supply20 according to the loan schedule of repayment, the loan 21 recipientor privately owned community water supplyshall 22 notify the Agency in writing within 15 days after the payment 23 due date. The notification shall include a statement of the 24 reasons the payment was not timely tendered, the 25 circumstances under which the late payments will be 26 satisfied, and binding commitments to assure future payments. 27 After receipt of this notification, the Agency shall confirm 28 in writing the acceptability of the plan or take action in 29 accordance with subsection (b) of this Section. 30 (b) In the event that a loan recipientor privately31owned community water supplyfails to comply with subsection 32 (a) of this Section, the Agency shall promptly issue a notice 33 of delinquency to the loan recipient,or privately ownedHB0708 Engrossed -626- LRB9203186EGfg 1community water supplywhich shall require a written response 2 within 15 days. The notice of delinquency shall require that 3 the loan recipientor privately owned community water supply4 revise its rates, fees and charges to meet its obligations 5 pursuant to subsection (d) of Section 19.5 or take other 6 specified actions as may be appropriate to remedy the 7 delinquency and to assure future payments. 8 (c) In the event that the loan recipientor privately9owned community water supplyfails to timely or adequately 10 respond to a notice of delinquency, or fails to meet its 11 obligations made pursuant to subsections (a) and (b) of this 12 Section, the Agency shall pursue the collection of the 13 amounts past due, the outstanding loan balance and the costs 14 thereby incurred, either pursuant to the Illinois State 15 Collection Act of 1986 or by any other reasonable means as 16 may be provided by law, including the taking of title by 17 foreclosure or otherwise to any project or other property 18 pledged, mortgaged, encumbered, or otherwise available as 19 security or collateral. 20 (Source: P.A. 90-121, eff. 7-17-97; 91-36, eff. 6-15-99; 21 91-52, eff. 6-30-99; 91-501, eff. 8-13-99; revised 10-13-99.) 22 (415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1) 23 Sec. 31.1. Administrative citation. 24 (a) The prohibitions specified in subsections (o) and 25 (p) of Section 21 of this Act shall be enforceable either by 26 administrative citation under this Section or as otherwise 27 provided by this Act. 28 (b) Whenever Agency personnel or personnel of a unit of 29 local government to which the Agency has delegated its 30 functions pursuant to subsection (r) of Section 4 of this 31 Act, on the basis of direct observation, determine that any 32 person has violated any provision of subsection (o) or (p) of 33 Section 21 of this Act, the Agency or such unit of local HB0708 Engrossed -627- LRB9203186EGfg 1 government may issue and serve an administrative citation 2 upon such person within not more than 60 days after the date 3 of the observed violation. Each such citation issued shall 4 be served upon the person named therein or such person's 5 authorized agent for service of process, and shall include 6 the following information: 7 (1) a statement specifying the provisions of 8 subsection (o) or (p) of Section 21 of which the person 9 was observed to be in violation; 10 (2) a copy of the inspection report in which the 11 Agency or local government recorded the violation, which 12 report shall include the date and time of inspection, and 13 weather conditions prevailing during the inspection; 14 (3) the penalty imposed by subdivision (b)(4) or 15 (b)(4-5) of Section 42 for such violation; 16 (4) instructions for contesting the administrative 17 citation findings pursuant to this Section, including 18 notification that the person has 35 days within which to 19 file a petition for review before the Board to contest 20 the administrative citation; and 21 (5) an affidavit by the personnel observing the 22 violation, attesting to their material actions and 23 observations. 24 (c) The Agency or unit of local government shall file a 25 copy of each administrative citation served under subsection 26 (b) of this Section with the Board no later than 10 days 27 after the date of service. 28 (d) (1) If the person named in the administrative 29 citation fails to petition the Board for review within 35 30 days from the date of service, the Board shall adopt a final 31 order, which shall include the administrative citation and 32 findings of violation as alleged in the citation, and shall 33 impose the penalty specified in subdivision (b)(4) or 34 (b)(4-5) of Section 42. HB0708 Engrossed -628- LRB9203186EGfg 1 (2) If a petition for review is filed before the Board 2 to contest an administrative citation issued under subsection 3 (b) of this Section, the Agency or unit of local government 4 shall appear as a complainant at a hearing before the Board 5 to be conducted pursuant to Section 32 of this Act at a time 6 not less than 21 days after notice of such hearing has been 7 sent by the Board to the Agency or unit of local government 8 and the person named in the citation. In such hearings, the 9 burden of proof shall be on the Agency or unit of local 10 government. If, based on the record, the Board finds that 11 the alleged violation occurred, it shall adopt a final order 12 which shall include the administrative citation and findings 13 of violation as alleged in the citation, and shall impose the 14 penalty specified in subdivision (b)(4) or (b)(4-5) of 15 Section 42. However, if the Board finds that the person 16 appealing the citation has shown that the violation resulted 17 from uncontrollable circumstances, the Board shall adopt a 18 final order which makes no finding of violation and which 19 imposes no penalty. 20 (e) Sections 10-25 through 10-60 of the Illinois 21 Administrative Procedure Act shall not apply to any 22 administrative citation issued under subsection (b) of this 23 Section. 24 (f) The other provisions of this Section shall not apply 25 to a sanitary landfill operated by a unit of local government 26 solely for the purpose of disposing of water and sewage 27 treatment plant sludges, including necessary stabilizing 28 materials. 29 (g) All final orders issued and entered by the Board 30 pursuant to this Section shall be enforceable by injunction, 31 mandamus or other appropriate remedy, in accordance with 32 Section 42 of this Act. 33 (Source: P.A. 88-45; 88-496; 88-670, eff. 12-2-94; revised 34 11-30-00.) HB0708 Engrossed -629- LRB9203186EGfg 1 (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6) 2 Sec. 55.6. Used Tire Management Fund. 3 (a) There is hereby created in the State Treasury a 4 special fund to be known as the Used Tire Management Fund. 5 There shall be deposited into the Fund all monies received as 6 (1) recovered costs or proceeds from the sale of used tires 7 under Section 55.3 of this Act, (2) repayment of loans from 8 the Used Tire Management Fund, or (3) penalties or punitive 9 damages for violations of this Title, except as provided by 10 subdivision (b)(4) or (b)(4-5) of Section 42. 11 (b) Beginning January 1, 1992, in addition to any other 12 fees required by law, the owner or operator of each site 13 required to be registered under subsection (d) of Section 55 14 shall pay to the Agency an annual fee of $100. Fees 15 collected under this subsection shall be deposited into the 16 Environmental Protection Permit and Inspection Fund. 17 (c) Pursuant to appropriation, monies up to an amount of 18 $2 million per fiscal year from the Used Tire Management Fund 19 shall be allocated as follows: 20 (1) 38% shall be available to the Agency for the 21 following purposes, provided that priority shall be given 22 to item (i): 23 (i) To undertake preventive, corrective or 24 removal action as authorized by and in accordance 25 with Section 55.3, and to recover costs in 26 accordance with Section 55.3. 27 (ii) For the performance of inspection and 28 enforcement activities for used and waste tire 29 sites. 30 (iii) To assist with marketing of used tires 31 by augmenting the operations of an industrial 32 materials exchange service. 33 (iv) To provide financial assistance to units 34 of local government for the performance of HB0708 Engrossed -630- LRB9203186EGfg 1 inspecting, investigating and enforcement activities 2 pursuant to subsection (r) of Section 4 at used and 3 waste tire sites. 4 (v) To provide financial assistance for used 5 and waste tire collection projects sponsored by 6 local government or not-for-profit corporations. 7 (vi) For the costs of fee collection and 8 administration relating to used and waste tires, and 9 to accomplish such other purposes as are authorized 10 by this Act and regulations thereunder. 11 (2) 23% shall be available to the Department of 12 Commerce and Community Affairs for the following 13 purposes, provided that priority shall be given to item 14 (A): 15 (A) To provide grants or loans for the 16 purposes of: 17 (i) assisting units of local government 18 and private industry in the establishment of 19 facilities and programs to collect, process and 20 utilize used and waste tires and tire derived 21 materials; 22 (ii) demonstrating the feasibility of 23 innovative technologies as a means of 24 collecting, storing, processing and utilizing 25 used and waste tires and tire derived 26 materials; and 27 (iii) applying demonstrated technologies 28 as a means of collecting, storing, processing, 29 and utilizing used and waste tires and tire 30 derived materials. 31 (B) To develop educational material for use by 32 officials and the public to better understand and 33 respond to the problems posed by used tires and 34 associated insects. HB0708 Engrossed -631- LRB9203186EGfg 1 (C) (Blank). 2 (D) To perform such research as the Director 3 deems appropriate to help meet the purposes of this 4 Act. 5 (E) To pay the costs of administration of its 6 activities authorized under this Act. 7 (3) 25% shall be available to the Illinois 8 Department of Public Health for the following purposes: 9 (A) To investigate threats or potential 10 threats to the public health related to mosquitoes 11 and other vectors of disease associated with the 12 improper storage, handling and disposal of tires, 13 improper waste disposal, or natural conditions. 14 (B) To conduct surveillance and monitoring 15 activities for mosquitoes and other arthropod 16 vectors of disease, and surveillance of animals 17 which provide a reservoir for disease-producing 18 organisms. 19 (C) To conduct training activities to promote 20 vector control programs and integrated pest 21 management as defined in the Vector Control Act. 22 (D) To respond to inquiries, investigate 23 complaints, conduct evaluations and provide 24 technical consultation to help reduce or eliminate 25 public health hazards and nuisance conditions 26 associated with mosquitoes and other vectors. 27 (E) To provide financial assistance to units 28 of local government for training, investigation and 29 response to public nuisances associated with 30 mosquitoes and other vectors of disease. 31 (4) 2% shall be available to the Department of 32 Agriculture for its activities under the Illinois 33 Pesticide Act relating to used and waste tires. 34 (5) 2% shall be available to the Pollution Control HB0708 Engrossed -632- LRB9203186EGfg 1 Board for administration of its activities relating to 2 used and waste tires. 3 (6) 10% shall be available to the Department of 4 Natural Resources for the Illinois Natural History Survey 5 to perform research to study the biology, distribution, 6 population ecology, and biosystematics of tire-breeding 7 arthropods, especially mosquitoes, and the diseases they 8 spread. 9 (d) By January 1, 1998, and biennially thereafter, 10 each State agency receiving an appropriation from the Used 11 Tire Management Fund shall report to the Governor and the 12 General Assembly on its activities relating to the Fund. 13 (e) Any monies appropriated from the Used Tire 14 Management Fund, but not obligated, shall revert to the Fund. 15 (f) In administering the provisions of subdivisions (1), 16 (2) and (3) of subsection (c) of this Section, the Agency, 17 the Department of Commerce and Community Affairs, and the 18 Illinois Department of Public Health shall ensure that 19 appropriate funding assistance is provided to any 20 municipality with a population over 1,000,000 or to any 21 sanitary district which serves a population over 1,000,000. 22 (g) Pursuant to appropriation, monies in excess of $2 23 million per fiscal year from the Used Tire Management Fund 24 shall be used as follows: 25 (1) 55% shall be available to the Agency to 26 undertake preventive, corrective or renewed action as 27 authorized by and in accordance with Section 55.3 and to 28 recover costs in accordance with Section 55.3. 29 (2) 45% shall be available to the Department of 30 Commerce and Community Affairs to provide grants or loans 31 for the purposes of: 32 (i) assisting units of local government and 33 private industry in the establishment of facilities 34 and programs to collect, process and utilize waste HB0708 Engrossed -633- LRB9203186EGfg 1 tires and tire derived material; 2 (ii) demonstrating the feasibility of 3 innovative technologies as a means of collecting, 4 storing, processing, and utilizing used and waste 5 tires and tire derived materials; and 6 (iii) applying demonstrated technologies as a 7 means of collecting, storing, processing, and 8 utilizing used and waste tires and tire derived 9 materials. 10 (Source: P.A. 91-856, eff. 6-22-00; revised 11-30-00.) 11 (415 ILCS 5/58.15) 12 Sec. 58.15. Brownfields Redevelopment Loan Program. 13 (a) The Agency shall establish and administer a 14 revolving loan program to be known as the "Brownfields 15 Redevelopment Loan Program" for the purpose of providing 16 loans to be used for site investigation, site remediation, or 17 both, at brownfields sites. All principal, interest, and 18 penalty payments from loans made under this Section shall be 19 deposited into the Brownfields Redevelopment Fund and reused 20 in accordance with this Section. 21 (b) General requirements for loans: 22 (1) Loans shall be at or below market interest 23 rates in accordance with a formula set forth in 24 regulations promulgated under subsection (c) of this 25 Section. 26 (2) Loans shall be awarded subject to availability 27 of funding based on the order of receipt of applications 28 satisfying all requirements as set forth in the 29 regulations promulgated under subsection (c) of this 30 Section. 31 (3) The maximum loan amount under this Section for 32 any one project is $1,000,000. 33 (4) In addition to any requirements or conditions HB0708 Engrossed -634- LRB9203186EGfg 1 placed on loans by regulation, loan agreements under the 2 Brownfields Redevelopment Loan Program shall include the 3 following requirements: 4 (A) the loan recipient shall secure the loan 5 repayment obligation; 6 (B) completion of the loan repayment shall not 7 exceed 5 years; and 8 (C) loan agreements shall provide for a 9 confession of judgment by the loan recipient upon 10 default. 11 (5) Loans shall not be used to cover expenses 12 incurred prior to the approval of the loan application. 13 (6) If the loan recipient fails to make timely 14 payments or otherwise fails to meet its obligations as 15 provided in this Section or implementing regulations, the 16 Agency is authorized to pursue the collection of the 17 amounts past due, the outstanding loan balance, and the 18 costs thereby incurred, either pursuant to the Illinois 19 State Collection Act of 1986 or by any other means 20 provided by law, including the taking of title, by 21 foreclosure or otherwise, to any project or other 22 property pledged, mortgaged, encumbered, or otherwise 23 available as security or collateral. 24 (c) The Agency shall have the authority to enter into 25 any contracts or agreements that may be necessary to carry 26 out its duties or responsibilities under this Section. The 27 Agency shall have the authority to promulgate regulations 28 setting forth procedures and criteria for administering the 29 Brownfields Redevelopment Loan Program. The regulations 30 promulgated by the Agency for loans under this Section shall 31 include, but need not be limited to, the following elements: 32 (1) loan application requirements; 33 (2) determination of credit worthiness of the loan 34 applicant; HB0708 Engrossed -635- LRB9203186EGfg 1 (3) types of security required for the loan; 2 (4) types of collateral, as necessary, that can be 3 pledged for the loan; 4 (5) special loan terms, as necessary, for securing 5 the repayment of the loan; 6 (6) maximum loan amounts; 7 (7) purposes for which loans are available; 8 (8) application periods and content of 9 applications; 10 (9) procedures for Agency review of loan 11 applications, loan approvals or denials, and loan 12 acceptance by the loan recipient; 13 (10) procedures for establishing interest rates; 14 (11) requirements applicable to disbursement of 15 loans to loan recipients; 16 (12) requirements for securing loan repayment 17 obligations; 18 (13) conditions or circumstances constituting 19 default; 20 (14) procedures for repayment of loans and 21 delinquent loans including, but not limited to, the 22 initiation of principal and interest payments following 23 loan acceptance; 24 (15) loan recipient responsibilities for work 25 schedules, work plans, reports, and record keeping; 26 (16) evaluation of loan recipient performance, 27 including auditing and access to sites and records; 28 (17) requirements applicable to contracting and 29 subcontracting by the loan recipient, including 30 procurement requirements; 31 (18) penalties for noncompliance with loan 32 requirements and conditions, including stop-work orders, 33 termination, and recovery of loan funds; and 34 (19) indemnification of the State of Illinois and HB0708 Engrossed -636- LRB9203186EGfg 1 the Agency by the loan recipient. 2 (d) Moneys in the Brownfields Redevelopment Fund may be 3 used as a source of revenue or security for the principal and 4 interest on revenue or general obligation bonds issued by the 5 State or any political subdivision or instrumentality 6 thereof, if the proceeds of those bonds will be deposited 7 into the Fund. 8 (Source: P.A. 91-36, eff. 6-15-99.) 9 (415 ILCS 5/58.16) 10 Sec. 58.16.58.15.Construction of school; requirements. 11 This Section applies only to counties with a population of 12 more than 3,000,000. In this Section, "school" means a 13 school as defined in Section 34-1.1 of the School Code. No 14 person shall commence construction on real property of a 15 building intended for use as a school unless: 16 (1) a Phase 1 Environmental Audit, conducted in 17 accordance with Section 22.2 of this Act, is obtained; 18 (2) if the Phase 1 Environmental Audit discloses 19 the presence or likely presence of a release or a 20 substantial threat of a release of a regulated substance 21 at, on, to, or from the real property, a Phase II 22 Environmental Audit, conducted in accordance with Section 23 22.2 of this Act, is obtained; and 24 (3) if the Phase II Environmental Audit discloses 25 the presence or likely presence of a release or a 26 substantial threat of a release of a regulated substance 27 at, on, to, or from the real property, the real property 28 is enrolled in the Site Remediation Program and remedial 29 action that the Agency approves for the intended use of 30 the property is completed. 31 (Source: P.A. 91-442, eff. 1-1-00; revised 10-19-99.) 32 Section 81. The Public Water Supply Operations Act is HB0708 Engrossed -637- LRB9203186EGfg 1 amended by changing Sections 1 and 10 as follows: 2 (415 ILCS 45/1) (from Ch. 111 1/2, par. 501) 3 Sec. 1. (1) In order to safeguard the health and well 4 being of the populace, every community water supply in 5 Illinois shall have on its operational staff at least one 6 natural person certified as competent as a water supply 7 operator under the provisions of this Act. 8 Except for exempt community water supplies as specified 9 in Section 9.1 of this Act, all portions of a community water 10 supply system shall be under the direct supervision of a 11 properly certified community water supply operator. 12 (2) The following class requirements apply: 13 (a) Each community water supply which includes 14 coagulation, lime softening, or sedimentation as a part 15 of its primary treatment shall have in its employ at 16 least one natural person certified as competent as a 17 Class A community water supply operator. This includes 18 all surface water community water supplies. 19 (b) Each community water supply which includes 20 filtration, aeration and filtration, or ion exchange 21 equipment as a part of its primary treatment shall have 22 in its employ at least one natural person certified as 23 competent as a Class B or Class A community water supply 24 operator. 25 (c) Each community water supply which utilizes 26 chemical feeding only shall have in its employ at least 27 one natural person certified as competent as a Class C, 28 Class B, or Class A community water supply operator. 29 (d) Each community water supply in which the 30 facilities are limited to pumpage, storage, or 31 distribution shall have in its employ at least one 32 natural person certified as competent as a Class D, Class 33 C, Class B, or Class A community water supply operator. HB0708 Engrossed -638- LRB9203186EGfg 1(e)A community water supply that cannot be clearly 2 grouped according to this Section will be considered 3 individually and designated within one of the above groups by 4 the Agency. This determination will be based on the nature 5 of the community water supply and on the education and 6 experience necessary to operate it. 7 (3) A community water supply may satisfy the 8 requirements of this Section by contracting the services of a 9 properly qualified certified operator of the required class 10 or higher, as specified in subsection (2)this. A written 11 agreement to this effect must be on file with the Agency 12 certifying that such an agreement exists, and delegating 13 responsibility and authority to the contracted party. This 14 written agreement shall be signed by both the certified 15 operator to be contracted and the responsible community water 16 supply owner or official custodian and must be approved in 17 writing by the Agency. 18 (Source: P.A. 91-84, eff. 7-9-99; 91-357, eff. 7-29-99; 19 revised 8-30-99.) 20 (415 ILCS 45/10) (from Ch. 111 1/2, par. 510) 21 Sec. 10. The Agency shall exercise the following 22 functions, powers, and duties with respect to community water 23 supply operator certification: 24 (a) The Agency shall conduct examinations to ascertain 25 the qualifications of applicants for certificates of 26 competency as community water supply operators, and pass upon 27 the qualifications of applicants for reciprocal 28 certificates.;29 (b) The Agency shall determine the qualifications of 30 each applicant on the basis of written examinations, and upon 31 a review of the requirements stated in Sections 13 and 14 of 32 this Act.;33 (c) (Blank).;HB0708 Engrossed -639- LRB9203186EGfg 1 (d) The Agency may suspend, revoke, or refuse to issue 2 any certificate of competency for any one or any combination 3 of the following causes: 4 (1) the practice of any fraud or deceit in 5 obtaining or attempting to obtain, renew, or restore a 6 certificate of competency; 7 (2) any gross negligence, incompetency, misconduct, 8 or falsification of reports in the operation of a water 9 supply; 10 (3) being declared to be a person under legal 11 disability by a court of competent jurisdiction and not 12 thereafter having been lawfully declared to be a person 13 not under legal disability or to have recovered; or 14 (4) failure to comply with any of the Rules 15 pertaining to the operation of a water supply.;16 (e) The Agency shall issue a Certificate to any 17 applicant who has satisfactorily met all the requirements of 18 the Act pertaining to a certificate of competency as a water 19 supply operator.;20 (f) The Agency shall notify every certified community 21 water supply operator at the last address specified by the 22 operator to the Agency, and at least one month in advance of 23 the expiration of the certificate, of the date of expiration 24 of the certificate and the amount of fee required for its 25 renewal for 3 years.; and26 (g) The Agency shall, upon its own motion, or upon a 27 written complaint, investigate the action of any person 28 holding or claiming to hold a certificate, and take 29 appropriate action. 30 (h) The Agency is authorized to adopt reasonable and 31 necessary rules to set forth procedures and criteria for the 32 administration of this Act. 33 (Source: P.A. 91-84, eff. 7-9-99; revised 3-20-00.) HB0708 Engrossed -640- LRB9203186EGfg 1 Section 81.5. The Lawn Care Products Application and 2 Notice Act is amended by changing Section 3 as follows: 3 (415 ILCS 65/3) (from Ch. 5, par. 853) 4 Sec. 3. Notification requirements for application of 5 lawn care products. 6 (a) Lawn Markers. 7 (1) Immediately following application of lawn care 8 products to a lawn, other than a golf course, an 9 applicator for hire shall place a lawn marker at the 10 usual point or points of entry. 11 (2) The lawn marker shall consist of a 4 inch by 5 12 inch sign, vertical or horizontal, attached to the upper 13 portion of a dowel or other supporting device with the 14 bottom of the marker extending no less than 12 inches 15 above the turf. 16 (3) The lawn marker shall be white and lettering on 17 the lawn marker shall be in a contrasting color. The 18 marker shall state on one side, in letters of not less 19 than 3/8 inch, the following: "LAWN CARE APPLICATION - 20 STAY OFF GRASS UNTIL DRY - FOR MORE INFORMATION CONTACT: 21 (here shall be inserted the name and business telephone 22 number of the applicator for hire)." 23 (4) The lawn marker shall be removed and discarded 24 by the property owner or resident, or such other person 25 authorized by the property owner or resident, on the day 26 following the application. The lawn marker shall not be 27 removed by any person other than the property owner or 28 resident or person designated by such property owner or 29 resident. 30 (5) For applications to residential properties of 2 31 families or less, the applicator for hire shall be 32 required to place lawn markers at the usual point or 33 points of entry. HB0708 Engrossed -641- LRB9203186EGfg 1 (6) For applications to residential properties of 2 2 families or more, or for application to other commercial 3 properties, the applicator for hire shall place lawn 4 markers at the usual point or points of entry to the 5 property to provide notice that lawn care products have 6 been applied to the lawn. 7 (b) Notification requirement for application of plant 8 protectants on golf courses. 9 (1) Blanket posting procedure. Each golf course 10 shall post in a conspicuous place or places an 11 all-weather poster or placard stating to users of or 12 visitors to the golf course that from time to time plant 13 protectants are in use and additionally stating that if 14 any questions or concerns arise in relation thereto, the 15 golf course superintendent or his designee should be 16 contacted to supply the information contained in 17 subsection (c) of this Section. 18 (2) The poster or placard shall be prominently 19 displayed in the pro shop, locker rooms and first tee at 20 each golf course. 21 (3) The poster or placard shall be a minimum size 22 of 8 1/2 by 11 inches and the lettering shall not be less 23 than 1/2 inch. 24 (4) The poster or placard shall read: "PLANT 25 PROTECTANTS ARE PERIODICALLY APPLIED TO THIS GOLF COURSE. 26 IF DESIRED, YOU MAY CONTACT YOUR GOLF COURSE 27 SUPERINTENDENT FOR FURTHER INFORMATION.".28 (c) Information to Customers of Applicators for Hire. At 29 the time of application of lawn care products to a lawn, an 30 applicator for hire shall provide the following information 31 to the customer: 32 (1) The brand name or common name of each lawn care 33 product applied; 34 (2) The type of fertilizer or pesticide contained HB0708 Engrossed -642- LRB9203186EGfg 1 in the lawn care product applied; 2 (3) The reason for use of each lawn care product 3 applied; 4 (4) The range of concentration of end use product 5 applied to the lawn and amount of material applied; 6 (5) Any special instruction appearing on the label 7 of the lawn care product applicable to the customer's use 8 of the lawn following application; and 9 (6) The business name and telephone number of the 10 applicator for hire as well as the name of the person 11 actually applying lawn care products to the lawn. 12 (d) Prior notification of application to lawn. In the 13 case of all lawns other than golf courses: 14 (1) Any neighbor whose property abuts or is 15 adjacent to the property of a customer of an applicator 16 for hire may receive prior notification of an application 17 by contacting the applicator for hire and providing his 18 name, address and telephone number. 19 (2) At least the day before a scheduled 20 application, an applicator for hire shall provide 21 notification to a person who has requested notification 22 pursuant to paragraph (1) of this subsection (d), such 23 notification to be made in writing, in person or by 24 telephone, disclosing the date and approximate time of 25 day of application. 26 (3) In the event that an applicator for hire is 27 unable to provide prior notification to a neighbor whose 28 property abuts or is adjacent to the property because of 29 the absence or inaccessibility of the individual, at the 30 time of application to a customer's lawn, the applicator 31 for hire shall leave a written notice at the residence of 32 the person requesting notification, which shall provide 33 the information specified in paragraph (2) of this 34 subsection (d). HB0708 Engrossed -643- LRB9203186EGfg 1 (e) Prior notification of application to golf courses. 2 (1) Any landlord or resident with property that 3 abuts or is adjacent to a golf course may receive prior 4 notification of an application of lawn care products or 5 plant protectants, or both, by contacting the golf course 6 superintendent and providing his name, address and 7 telephone number. 8 (2) At least the day before a scheduled application 9 of lawn care products or plant protectants, or both, the 10 golf course superintendent shall provide notification to 11 any person who has requested notification pursuant to 12 paragraph (1) of this subsection (e), such notification 13 to be made in writing, in person or by telephone, 14 disclosing the date and approximate time of day of 15 application. 16 (3) In the event that the golf course 17 superintendent is unable to provide prior notification to 18 a landlord or resident because of the absence or 19 inaccessibility, at the time of application, of the 20 landlord or resident, the golf course superintendent 21 shall leave a written notice with the landlord or at the 22 residence which shall provide the information specified 23 in paragraph (2) of this subsection (e). 24 (f) Notification for applications of pesticides to 25 school grounds other than school structures. School 26 districts must maintain a registry of parents and guardians 27 of students who have registered to receive written 28 notification prior to the application of pesticides to school 29 grounds or provide written notification to all parents and 30 guardians of students before such pesticide application. 31 Written notification may be included in newsletters, 32 bulletins, calendars, or other correspondence currently 33 published by the school district. The written notification 34 must be given at least 2 business days before application of HB0708 Engrossed -644- LRB9203186EGfg 1 the pesticide and should identify the intended date of the 2 application of the pesticide and the name and telephone 3 contact number for the school personnel responsible for the 4 pesticide application program. Prior written notice shall 5 not be required if there is imminent threat to health or 6 property. If such a situation arises, the appropriate school 7 personnel must sign a statement describing the circumstances 8 that gave rise to the health threat and ensure that written 9 notice is provided as soon as practicable. 10 (Source: P.A. 91-99, eff. 7-9-99; revised 2-23-00.) 11 Section 82. The Radiation Protection Act of 1990 is 12 amended by changing Sections 4, 11, and 25 as follows: 13 (420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4) 14 (Section scheduled to be repealed on January 1, 2011) 15 Sec. 4. Definitions. As used in this Act: 16 (a) "Accreditation" means the process by which the 17 Department of Nuclear Safety grants permission to persons 18 meeting the requirements of this Act and the Department's 19 rules and regulations to engage in the practice of 20 administering radiation to human beings. 21 (a-5) "By-product material" means: (1) any radioactive 22 material (except special nuclear material) yielded in or made 23 radioactive by exposure to radiation incident to the process 24 of producing or utilizing special nuclear material; and (2) 25 the tailings or wastes produced by the extraction or 26 concentration of uranium or thorium from any ore processed 27 primarily for its source material content, including discrete 28 surface wastes resulting from underground solution extraction 29 processes but not including underground ore bodies depleted 30 by such solution extraction processes. 31 (b) "Department" means the Department of Nuclear Safety 32 in the State of Illinois. HB0708 Engrossed -645- LRB9203186EGfg 1 (c) "Director" means the Director of the Department of 2 Nuclear Safety. 3 (d) "General license" means a license, pursuant to 4 regulations promulgated by the Department, effective without 5 the filing of an application to transfer, acquire, own, 6 possess or use quantities of, or devices or equipment 7 utilizing, radioactive material, including but not limited to 8 by-product, source or special nuclear materials. 9 (d-3) "Mammography" means radiography of the breast 10 primarily for the purpose of enabling a physician to 11 determine the presence, size, location and extent of 12 cancerous or potentially cancerous tissue in the breast. 13 (d-7) "Operator" is an individual, group of individuals, 14 partnership, firm, corporation, association, or other entity 15 conducting the business or activities carried on within a 16 radiation installation. 17 (e) "Person" means any individual, corporation, 18 partnership, firm, association, trust, estate, public or 19 private institution, group, agency, political subdivision of 20 this State, any other State or political subdivision or 21 agency thereof, and any legal successor, representative, 22 agent, or agency of the foregoing, other than the United 23 States Nuclear Regulatory Commission, or any successor 24 thereto, and other than federal government agencies licensed 25 by the United States Nuclear Regulatory Commission, or any 26 successor thereto. "Person" also includes a federal entity 27 (and its contractors) if the federal entity agrees to be 28 regulated by the State or as otherwise allowed under federal 29 law. 30 (f) "Radiation" or "ionizing radiation" means gamma rays 31 and x-rays, alpha and beta particles, high speed electrons, 32 neutrons, protons, and other nuclear particles or 33 electromagnetic radiations capable of producing ions directly 34 or indirectly in their passage through matter; but does not HB0708 Engrossed -646- LRB9203186EGfg 1 include sound or radio waves or visible, infrared, or 2 ultraviolet light. 3 (f-5) "Radiation emergency" means the uncontrolled 4 release of radioactive material from a radiation installation 5 which poses a potential threat to the public health, welfare, 6 and safety. 7 (g) "Radiation installation" is any location or facility 8 where radiation machines are used or where radioactive 9 material is produced, transported, stored, disposed of, or 10 used for any purpose. 11 (h) "Radiation machine" is any device that produces 12 radiation when in use. 13 (i) "Radioactive material" means any solid, liquid, or 14 gaseous substance which emits radiation spontaneously. 15 (j) "Radiation source" or "source of ionizing radiation" 16 means a radiation machine or radioactive material as defined 17 herein. 18 (k) "Source material" means (1) uranium, thorium, or any 19 other material which the Department declares by order to be 20 source material after the United States Nuclear Regulatory 21 Commission, or any successor thereto, has determined the 22 material to be such; or (2) ores containing one or more of 23 the foregoing materials, in such concentration as the 24 Department declares by order to be source material after the 25 United States Nuclear Regulatory Commission, or any successor 26 thereto, has determined the material in such concentration to 27 be source material. 28 (l) "Special nuclear material" means (1) plutonium, 29 uranium 233, uranium enriched in the isotope 233 or in the 30 isotope 235, and any other material which the Department 31 declares by order to be special nuclear material after the 32 United States Nuclear Regulatory Commission, or any successor 33 thereto, has determined the material to be such, but does not 34 include source material; or (2) any material artificially HB0708 Engrossed -647- LRB9203186EGfg 1 enriched by any of the foregoing, but does not include source 2 material. 3 (m) "Specific license" means a license, issued after 4 application, to use, manufacture, produce, transfer, receive, 5 acquire, own, or possess quantities of, or devices or 6 equipment utilizing radioactive materials. 7 (Source: P.A. 91-188, eff. 7-20-99; 91-340, eff. 7-29-99; 8 revised 10-13-99.) 9 (420 ILCS 40/11) (from Ch. 111 1/2, par. 210-11) 10 (Section scheduled to be repealed on January 1, 2011) 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 HB0708 Engrossed -648- LRB9203186EGfg 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 HB0708 Engrossed -649- LRB9203186EGfg 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 (Section scheduled to be repealed on January 1, 2011) 12 Sec. 25. Radiation inspection and testing; fees. 13 (a) The Department shall inspect and test radiation 14 installations and radiation sources, their immediate 15 surroundings and records concerning their operation to 16 determine whether or not any radiation resulting therefrom is 17 or may be detrimental to health. For the purposes of this 18 Section, "radiation installation" means any location or 19 facility where radiation machines are used. The inspection 20 and testing frequency of a radiation installation shall be 21 based on the installation's class designation in accordance 22 with subsection (f). 23 Inspections of mammography installations shall also 24 include evaluation of the quality of mammography phantom 25 images produced by mammography equipment. The Department 26 shall promulgate rules establishing procedures and acceptance 27 standards for evaluating the quality of mammography phantom 28 images. 29 Beginning on the effective date of this amendatory Act of 30 1997 and until June 30, 2000, the fee for inspection and 31 testing shall be paid yearly at an annualized rate based on 32 the classifications and frequencies set forth in subsection 33 (f). The annualized fee for inspection and testing shall be HB0708 Engrossed -650- LRB9203186EGfg 1 based on the rate of $55 per radiation machine for machines 2 located in dental offices and clinics and used solely for 3 dental diagnosis, located in veterinary offices and used 4 solely for diagnosis, or located in offices and clinics of 5 persons licensed under the Podiatric Medical Practice Act of 6 1987 and shall be based on the rate of $80 per radiation 7 machine for all other radiation machines. The Department may 8 adopt rules detailing the annualized rate structure. For the 9 year beginning January 1, 2000, the annual fee for inspection 10 and testing of Class D radiation installations shall be $25 11 per radiation machine. The Department is authorized to bill 12 the fees listed in this paragraph as part of the annual fee 13 specified in Section 24.7 of this Act. 14 Beginning July 1, 2000, the Department shall establish 15 the fees under Section 24.7 of this Act by rule, provided 16 that no increase of the fees shall take effect before January 17 1, 2001. 18 (b) (Blank)., or other entity19 (c) (Blank). 20 (d) (Blank). 21 (e) (Blank). 22 (f) For purposes of this Section, radiation 23 installations shall be divided into 4 classes: 24 Class A - Class A shall include dental offices and 25 veterinary offices with radiation machines used solely 26 for diagnosis and all installations using commercially 27 manufactured cabinet radiographic/fluoroscopic radiation 28 machines. Operators of Class A installations shall have 29 their radiation machines inspected and tested every 5 30 years by the Department. 31 Class B - Class B shall include offices or clinics 32 of persons licensed under the Medical Practice Act of 33 1987 or the Podiatric Medical Practice Act of 1987 with 34 radiation machines used solely for diagnosis and all HB0708 Engrossed -651- LRB9203186EGfg 1 installations using spectroscopy radiation machines, 2 noncommercially manufactured cabinet 3 radiographic/fluoroscopic radiation machines, portable 4 radiographic/fluoroscopic units, non-cabinet 5 baggage/package fluoroscopic radiation machines and 6 electronic beam welders. Operators of Class B 7 installations shall have their radiation machines 8 inspected and tested every 2 years by the Department. 9 Class C - Class C shall include installations using 10 diffraction radiation machines, open radiography 11 radiation machines, closed radiographic/fluoroscopic 12 radiation machines and radiation machines used as gauges. 13 Test booths, bays, or rooms used by manufacturing, 14 assembly or repair facilities for testing radiation 15 machines shall be categorized as Class C radiation 16 installations. Operators of Class C installations shall 17 have their radiation machines inspected and tested 18 annually by the Department. 19 Class D - Class D shall include all hospitals and 20 all other facilities using mammography, computed 21 tomography (CT), or therapeutic radiation machines. Each 22 operator of a Class D installation shall maintain a 23 comprehensive radiation protection program. The 24 individual or individuals responsible for implementing 25 this program shall register with the Department in 26 accordance with Section 25.1. As part of this program, 27 the registered individual or individuals shall conduct an 28 annual performance evaluation of all radiation machines 29 and oversee the equipment-related quality assurance 30 practices within the installation. The registered 31 individual or individuals shall determine and document 32 whether the installation's radiation machines are being 33 maintained and operated in accordance with standards 34 promulgated by the Department. Class D installation HB0708 Engrossed -652- LRB9203186EGfg 1 shall be inspected annually by the Department. 2 (f-1) Radiation installations for which more than one 3 class is applicable shall be assigned the classification 4 requiring the most frequent inspection and testing. 5 (f-2) Radiation installations not classified as Class A, 6 B, C, or D shall be inspected according to frequencies 7 established by the Department based upon the associated 8 radiation hazards, as determined by the Department. 9 (g) The Department is authorized to maintain a facility 10 for the purpose of calibrating radiation detection and 11 measurement instruments in accordance with national 12 standards. The Department may make calibration services 13 available to public or private entities within or outside of 14 Illinois and may assess a reasonable fee for such services. 15 (Source: P.A. 90-391, eff. 8-15-97; 91-188, eff. 7-20-99; 16 91-340, eff. 7-29-99; revised 10-13-99.) 17 Section 82.5. The Food and Agriculture Research Act is 18 amended by changing Section 20 as follows: 19 (505 ILCS 82/20) 20 Sec. 20. Use of funds. The universities receiving funds 21 under this Act shall work closely with the Illinois Council 22 onofFood and Agricultural ResearchAgricultureto develop 23 and prioritize an appropriate research agenda for the State 24 system. To support that agenda, funds shall be expended as 25 follows: 26 (1) To support a broad program of food and agricultural 27 research, to include, but not limited to, research on natural 28 resource, environmental, economic, nutritional, and social 29 impacts of agricultural systems, human and animal health, and 30 the concerns of consumers of food and agricultural products 31 and services. 32 (2) To build and maintain research capacity including HB0708 Engrossed -653- LRB9203186EGfg 1 construction, renovation, and maintenance of physical 2 facilities; acquire and maintain equipment; employ 3 appropriately trained and qualified personnel; provide 4 supplies; and meet the expenses required to conduct the 5 research and related technology transfer activities. 6 (3) A minimum of 15% of the funds allocated to each 7 university shall be used to fund an innovative competitive 8 grants program administered jointly by the 4 institutions 9 identified in Section 15. The grants program is intended to 10 be organized around desired practical, quantifiable, and 11 achievable objectives in the food and agricultural sector. 12 The Illinois Council on Food and Agricultural Research shall 13 assist in evaluating and selecting the proposals for funding. 14 Proposals may be submitted by any nonprofit institution, 15 organization, or agency in Illinois. The principal 16 investigator must be a qualified researcher with experience 17 in a food and agriculture related discipline. Funds from 18 other sources (both public and private) may be combined with 19 funds appropriated for this Act to support cooperative 20 efforts. 21 (4) It is intended that the universities that receive 22 these funds shall continue (i) to operate and maintain the 23 on-campus buildings and facilities used in their agriculture 24 related programs and provide the support services typically 25 provided other university programs, and (ii) to fund 26 agricultural programs from the higher education budget. 27 (Source: P.A. 89-182, eff. 7-19-95; revised 3-9-00.) 28 Section 83. The Humane Care for Animals Act is amended 29 by changing Section 16 as follows; 30 (510 ILCS 70/16) (from Ch. 8, par. 716) 31 Sec. 16. Violations; punishment; injunctions. 32 (a) Any person convicted of violating Sections 5, 5.01, HB0708 Engrossed -654- LRB9203186EGfg 1 or 6 of this Act or any rule, regulation, or order of the 2 Department pursuant thereto, is guilty of a Class C 3 misdemeanor. 4 (b)(1) This subsection (b) does not apply where the 5 only animals involved in the violation are dogs. 6 (2) Any person convicted of violating subsection 7 (a), (b), (c) or (h) of Section 4.01 of this Act or any 8 rule, regulation, or order of the Department pursuant 9 thereto, is guilty of a Class A misdemeanor. 10 (3) A second or subsequent offense involving the 11 violation of subsection (a), (b) or (c) of Section 4.01 12 of this Act or any rule, regulation, or order of the 13 Department pursuant thereto is a Class 4 felony. 14 (4) Any person convicted of violating subsection 15 (d), (e) or (f) of Section 4.01 of this Act or any rule, 16 regulation, or order of the Department pursuant thereto, 17 is guilty of a Class B misdemeanor. 18 (5) Any person convicted of violating subsection 19 (g) of Section 4.01 of this Act or any rule, regulation, 20 or order of the Department pursuant thereto is guilty of 21 a Class C misdemeanor. 22 (c)(1) This subsection (c) applies exclusively 23 where the only animals involved in the violation are 24 dogs. 25 (2) Any person convicted of violating subsection 26 (a), (b) or (c) of Section 4.01 of this Act or any rule, 27 regulation or order of the Department pursuant thereto is 28 guilty of a Class 4 felony and may be fined an amount not 29 to exceed $50,000. 30 (3) Any person convicted of violating subsection 31 (d), (e) or (f) of Section 4.01 of this Act or any rule, 32 regulation or order of the Department pursuant thereto is 33 guilty of Class A misdemeanor, if such person knew or 34 should have known that the device or equipment under HB0708 Engrossed -655- LRB9203186EGfg 1 subsection (d) or (e) of that Section or the site, 2 structure or facility under subsection (f) of that 3 Section was to be used to carry out a violation where the 4 only animals involved were dogs. Where such person did 5 not know or should not reasonably have been expected to 6 know that the only animals involved in the violation were 7 dogs, the penalty shall be same as that provided for in 8 paragraph (4) of subsection (b). 9 (4) Any person convicted of violating subsection 10 (g) of Section 4.01 of this Act or any rule, regulation 11 or order of the Department pursuant thereto is guilty of 12 a Class C misdemeanor. 13 (5) A second or subsequent violation of 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 a Class 3 felony. A second or subsequent violation of 17 subsection (d), (e) or (f) of Section 4.01 of this Act or 18 any rule, regulation or order of the Department adopted 19 pursuant thereto is a Class 3 felony, if in each 20 violation the person knew or should have known that the 21 device or equipment under subsection (d) or (e) of that 22 Section or the site, structure or facility under 23 subsection (f) of that Section was to be used to carry 24 out a violation where the only animals involved were 25 dogs. Where such person did not know or should not 26 reasonably have been expected to know that the only 27 animals involved in the violation were dogs, a second or 28 subsequent violation of subsection (d), (e) or (f) of 29 Section 4.01 of this Act or any rule, regulation or order 30 of the Department adopted pursuant thereto is a Class A 31 misdemeanor. A second or subsequent violation of 32 subsection (g) is a Class B misdemeanor. 33 (6) Any person convicted of violating Section 3.01 34 of this Act is guilty of a Class C misdemeanor. A second HB0708 Engrossed -656- LRB9203186EGfg 1 conviction for a violation of Section 3.01 is a Class B 2 misdemeanor. A third or subsequent conviction for a 3 violation of Section 3.01 is a Class A misdemeanor. 4 (7) Any person convicted of violating Section 4.03 5 is guilty of a Class B misdemeanor. 6 (8) Any person convicted of violating Section 4.04 7 is guilty of a Class A misdemeanor where the animal is 8 not killed or totally disabled, but if the animal is 9 killed or totally disabled such person shall be guilty of 10 a Class 4 felony. 11 (8.5) A person convicted of violating subsection 12 (a) of Section 7.15 is guilty of a Class B misdemeanor. 13 A person convicted of violating subsection (b) or (c) of 14 Section 7.15 is (i) guilty of a Class A misdemeanor if 15 the dog is not killed or totally disabled and (ii) if the 16 dog is killed or totally disabled, guilty of a Class 4 17 felony and may be ordered by the court to make 18 restitution to the disabled person having custody or 19 ownership of the dog for veterinary bills and replacement 20 costs of the dog. 21 (9) Any person convicted of violating any other 22 provision of this Act, or any rule, regulation, or order 23 of the Department pursuant thereto, is guilty of a Class 24 C misdemeanor with every day that a violation continues 25 constituting a separate offense. 26 (d) Any person convicted of violating Section 7.1 is 27 guilty of a petty offense. A second or subsequent conviction 28 for a violation of Section 7.1 is a Class C misdemeanor. 29 (e) Any person convicted of violating Section 3.02 is 30 guilty of a Class A misdemeanor. A second or subsequent 31 violation is a Class 4 felony. 32 (f) The Department may enjoin a person from a continuing 33 violation of this Act. 34 (g) Any person convicted of violating Section 3.03 is HB0708 Engrossed -657- LRB9203186EGfg 1 guilty of a Class 4 felony. A second or subsequent offense 2 is a Class 3 felony. As a condition of the sentence imposed 3 under this Section, the court shall order the offender to 4 undergo a psychological or psychiatric evaluation and to 5 undergo treatment that the court determines to be appropriate 6 after due consideration of the evaluation. 7 (Source: P.A. 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; 8 91-291, eff. 1-1-00; 91-351, eff. 7-29-99; 91-357, eff. 9 7-29-99; revised 8-30-99.) 10 Section 83.5. The Livestock Management Facilities Act is 11 amended by changing Section 20 as follows: 12 (510 ILCS 77/20) 13 Sec. 20. Handling, storing and disposing of livestock 14 waste. 15 (a) The livestock management facility owner or operator 16 shall comply with the requirements for handling, storing, and 17 disposing of livestock wastes as set forth in the rules 18 adopted pursuant to the Illinois Environmental Protection Act 19 concerning agriculture related pollution. 20 (b) The livestock management facility owner or operator 21 at a facility of less than 1,000 animal units shall not be 22 required to prepare and maintain a waste management plan. 23 (c) The livestock management facility owner or operator 24 at a facility of 1,000 or greater animal units but less than 25 5,000 animal units shall prepare and maintain on file at the 26 livestock management facility a general waste management 27 plan. Notwithstanding this requirement, a livestock 28 management facility subject to this subsection may be 29 operated on an interim basis but not to exceed 6 months after 30 the effective date of the rules promulgated pursuant to this 31 Act to allow for the owner or operator of the facility to 32 develop a waste management plan. The waste management plan HB0708 Engrossed -658- LRB9203186EGfg 1 shall be available for inspection during normal business 2 hours by Department personnel. 3 (d) The livestock management facility owner or operator 4 at a facility of 5,000 or greater animal units shall prepare, 5 maintain, and submit to the Department the waste management 6 plan for approval. Approval of the waste management plan 7 shall be predicated on compliance with provisions of 8 subsection (f). The waste management plan shall be approved 9 by the Department before operation of the facility or in the 10 case of an existing facility, the waste management plan shall 11 be submitted within 60 working days after the effective date 12 of the rules promulgated pursuant to this Act. 13 The owner or operator of an existing livestock management 14 facility that through growth meets or exceeds 5,000 animal 15 units shall file its waste management plan with the 16 Department within 60 working days after reaching the stated 17 animal units. 18 The owner or operator of a livestock management facility 19 that is subject to this subsection (d) shall file within 60 20 working days with the Department a revised waste management 21 plan when there is a change as provided in subsection (e) of 22 this Section that will materially affect compliance with the 23 waste management plan. 24 (d-5) The owner or operator of multiple livestock 25 management facilities under common facility ownership where 26 the cumulative animal units of the facilities are equal to or 27 greater than the animal unit numbers provided for in 28 subsection (c) of this Section shall prepare and keep on file 29 at each facility a waste management plan in accordance with 30 the requirements of subsection (c). The owner or operator of 31 multiple livestock management facilities that are under 32 common facility ownership where the cumulative animal units 33 of the facilities are equal to or greater than the animal 34 unit numbers provided for in subsection (d) of this Section HB0708 Engrossed -659- LRB9203186EGfg 1 shall prepare and file with the Department a waste management 2 plan in accordance with the provisions of subsection (d). 3 Cumulative animal units shall be determined by combining the 4 animal units of multiple livestock management facilities 5 under the common facility ownership based upon the design 6 capacity of each facility. For the purposes of this 7 subsection (d-5), "under common facility ownership" means the 8 same person or persons own, directly or indirectly, through 9 majority owned business entities at least 51% of any person 10 or persons (as defined by Section 10.55) that own or operate 11 the livestock management facility or livestock waste handling 12 facility located in the State of Illinois. 13 (e) The owner or operator of a livestock management 14 facility shall update the waste management plan when there is 15 a change in values shown in the plan under item (1) of 16 subsection (f) of this Section. The waste management plan 17 and records of livestock waste disposal shall be kept on file 18 for three years. 19 (f) The application of livestock waste to the land is an 20 acceptable, recommended, and established practice in 21 Illinois. However, when livestock waste is not applied in a 22 responsible manner, it may create pollutional problems. It 23 should be recognized that research relative to livestock 24 waste application based on livestock waste nutrient content 25 is currently ongoing. The Dean of the College of 26 Agricultural, Consumer and Environmental Sciences at the 27 University of Illinois, or his or her designee, shall 28 annually report to the Advisory Committee on the status of 29 phosphorus research, including research that has been 30 supported in whole or in part by the Illinois Council onfor31 Food and Agricultural Research. The Advisory Committee may 32 also consult with other appropriate research entities on the 33 status of phosphorus research. It is considered acceptable 34 to prepare and implement a waste management plan based on a HB0708 Engrossed -660- LRB9203186EGfg 1 nitrogen rate, unless otherwise restricted by this Section. 2 The waste management plan shall include the following: 3 (1) An estimate of the volume of livestock waste to 4 be disposed of annually, which shall be obtained by 5 multiplying the design capacity of the facility by the 6 appropriate amount of waste generated by the animals. 7 The values showing the amount of waste generated in Table 8 2-1, Midwest Plan Service's, MWPS-18, Livestock Waste 9 Management Facilities Handbook or Design Criteria for the 10 field application of livestock waste adopted by the 11 Agency may be used. 12 (2) The number of acres available for disposal of 13 the waste, whether they are owned by the owner or 14 operator of the livestock waste management facility or 15 are shown to be contracted with another person or persons 16 for disposal of waste. 17 (3) An estimate of the nutrient value of the waste. 18 The owner or operator may prepare a plan based on an 19 average of the minimum and maximum numbers in the table 20 values derived from Midwest Plan Service's, MWPS-18, 21 Livestock Waste Facilities Handbook, the Agency's 22 Agriculture Related Pollution regulations, or the results 23 of analysis performed on samples of waste. For the 24 purposes of compliance with this subsection, the nutrient 25 values of livestock waste may vary as indicated in the 26 source table. In the case of laboratory analytical 27 results, the nutrient values may vary with the accuracy 28 of the analytical method. 29 (3.5) Results of the Bray P1 or Mehlich test for 30 soil phosphorus reported in pounds of elemental 31 phosphorus per acre. Soil samples shall be obtained and 32 analyzed from the livestock waste application fields on 33 land owned or under the control of the owner or operator 34 where applications are planned. Fields where livestock HB0708 Engrossed -661- LRB9203186EGfg 1 waste is applied shall be sampled every 3 years. 2 Sampling procedures, such as the number of samples and 3 the depth of sampling, as outlined in the current edition 4 of the Illinois Agronomy Handbook shall be followed when 5 soil samples are obtained. 6 (3.6) If the average Bray P1 or Mehlich test result 7 for soil phosphorus calculated from samples obtained from 8 the application field is 300 pounds or less of elemental 9 phosphorus per acre, livestock waste may continue to be 10 applied to that field in accordance with subsection (f) 11 of this Section. If the average Bray P1 or Mehlich test 12 result for soil phosphorus for an application field is 13 greater than 300 pounds of elemental phosphorus per acre, 14 the owner or operator shall apply livestock waste at the 15 phosphorus rate to the field until the average Bray P1 or 16 Mehlich test for soil phosphorus indicates there is less 17 than 300 pounds of elemental phosphorus per acre. Upon 18 the development of a phosphorus index that is approved 19 subject to the provisions established in Section 55 of 20 this Act, the owner or operator shall use such index in 21 lieu of the 300 pounds of elemental phosphorus per acre. 22 (4) An indication that the livestock waste will be 23 applied at rates not to exceed the agronomic nitrogen 24 demand of the crops to be grown when averaged over a 25 5-year period. 26 (5) A provision that livestock waste applied within 27 1/4 mile of any residence not part of the facility shall 28 be injected or incorporated on the day of application. 29 However, livestock management facilities and livestock 30 waste handling facilities that have irrigation systems in 31 operation prior to the effective date of this Act or 32 existing facilities applying waste on frozen ground are 33 not subject to the provisions of this item (5). 34 (6) A provision that livestock waste may not be HB0708 Engrossed -662- LRB9203186EGfg 1 applied within 200 feet of surface water unless the water 2 is upgrade or there is adequate diking, and waste will 3 not be applied within 150 feet of potable water supply 4 wells. 5 (7) A provision that livestock waste may not be 6 applied in a 10-year flood plain unless the injection or 7 incorporation method of application is used. 8 (8) A provision that livestock waste may not be 9 applied in waterways. 10 (9) A provision that if waste is spread on frozen 11 or snow-covered land, the application will be limited to 12 land areas on which: 13 (A) land slopes are 5% or less, or 14 (B) adequate erosion control practices exist. 15 (10) Methods for disposal of animal waste. 16 (g) Any person who is required to prepare and maintain a 17 waste management plan and who fails to do so shall be issued 18 a warning letter by the Department for the first violation 19 and shall be given 30 working days to prepare a waste 20 management plan. For failure to prepare and maintain a waste 21 management plan, the person shall be fined an administrative 22 penalty of up to $1,000 by the Department and shall be 23 required to enter into an agreement of compliance to prepare 24 and maintain a waste management plan within 30 working days. 25 For failure to prepare and maintain a waste management plan 26 after the second 30 day period or for failure to enter into a 27 compliance agreement, the Department may issue an operational 28 cease and desist order until compliance is attained. 29 (Source: P.A. 90-565, eff. 6-1-98; 91-110, eff. 7-13-99; 30 revised 3-9-00.) 31 Section 84. The Toll Highway Act is amended by changing 32 Section 20.1 as follows: HB0708 Engrossed -663- LRB9203186EGfg 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 HB0708 Engrossed -664- LRB9203186EGfg 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 HB0708 Engrossed -665- LRB9203186EGfg 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. HB0708 Engrossed -666- LRB9203186EGfg 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, 3-616, 3-818, 3-821, 6-110.1, 6-210, 17 7-707, 11-501.5, and 12-201 as 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 HB0708 Engrossed -667- LRB9203186EGfg 1 corrected certificate of title, $2 shall be deposited in the 2 Park and Conservation Fund. The moneys deposited in the Park 3 and Conservation Fund pursuant to this Section shall be used 4 for the acquisition and development of bike paths as provided 5 for in Section 805-420 of the Department of Natural Resources 6 (Conservation) Law (20 ILCS 805/805-420). 7 Beginning January 1, 2000 and continuing through December 8 31, 2004, of the moneys collected for each certificate of 9 title, duplicate certificate of title, and corrected 10 certificate of title, $48 shall be deposited into the Road 11 Fund and $4 shall be deposited into the Motor Vehicle License 12 Plate Fund, except that if the balance in the Motor Vehicle 13 License Plate Fund exceeds $40,000,000 on the last day of a 14 calendar month, then during the next calendar month the $4 15 shall instead be deposited into the Road Fund. 16 Beginning January 1, 2005, of the moneys collected for 17 each certificate of title, duplicate certificate of title, 18 and corrected certificate of title, $52 shall be deposited 19 into the Road Fund. 20 Except as otherwise provided in this Code, all remaining 21 moneys collected for certificates of title, and all moneys 22 collected for filing of security interests, shall be placed 23 in the General Revenue Fund in the State Treasury. 24 (c) All moneys collected for that portion of a driver's 25 license fee designated for driver education under Section 26 6-118 shall be placed in the Driver Education Fund in the 27 State Treasury. 28 (d) Beginning January 1, 1999, of the monies collected 29 as a registration fee for each motorcycle, motor driven cycle 30 and motorized pedalcycle, 27% of each annual registration fee 31 for such vehicle and 27% of each semiannual registration fee 32 for such vehicle is deposited in the Cycle Rider Safety 33 Training Fund. 34 (e) Of the monies received by the Secretary of State as HB0708 Engrossed -668- LRB9203186EGfg 1 registration fees or taxes or as payment of any other fee, as 2 provided in this Act, except fees received by the Secretary 3 under paragraph (7) of subsection (b) of Section 5-101 and 4 Section 5-109 of this Code, 37% shall be deposited into the 5 State Construction Fund. 6 (f) Of the total money collected for a CDL instruction 7 permit or original or renewal issuance of a commercial 8 driver's license (CDL) pursuant to the Uniform Commercial 9 Driver's License Act (UCDLA): (i) $6 of the total fee for an 10 original or renewal CDL, and $6 of the total CDL instruction 11 permit fee when such permit is issued to any person holding a 12 valid Illinois driver's license, shall be paid into the 13 CDLIS/AAMVAnet Trust Fund (Commercial Driver's License 14 Information System/American Association of Motor Vehicle 15 Administrators network Trust Fund) and shall be used for the 16 purposes provided in Section 6z-23 of the State Finance Act 17 and (ii) $20 of the total fee for an original or renewal CDL 18 or commercial driver instruction permit shall be paid into 19 the Motor Carrier Safety Inspection Fund, which is hereby 20 created as a special fund in the State Treasury, to be used 21 by the Department of State Police, subject to appropriation, 22 to hire additional officers to conduct motor carrier safety 23 inspections pursuant to Chapter 18b of this Code. 24 (g) All remaining moneys received by the Secretary of 25 State as registration fees or taxes or as payment of any 26 other fee, as provided in this Act, except fees received by 27 the Secretary under paragraph (7) of subsection (b) of 28 Section 5-101 and Section 5-109 of this Code, shall be 29 deposited in the Road Fund in the State Treasury. Moneys in 30 the Road Fund shall be used for the purposes provided in 31 Section 8.3 of the State Finance Act. 32 (h) (Blank). 33 (i) (Blank). 34 (j) (Blank). HB0708 Engrossed -669- LRB9203186EGfg 1 (k) There is created in the State Treasury a special 2 fund to be known as the Secretary of State Special License 3 Plate Fund. Money deposited into the Fund shall, subject to 4 appropriation, be used by the Office of the Secretary of 5 State (i) to help defray plate manufacturing and plate 6 processing costs for the issuance and, when applicable, 7 renewal of any new or existing special registration plates 8 authorized under this Code and (ii) for grants made by the 9 Secretary of State to benefit Illinois Veterans Home 10 libraries. 11 On or before October 1, 1995, the Secretary of State 12 shall direct the State Comptroller and State Treasurer to 13 transfer any unexpended balance in the Special Environmental 14 License Plate Fund, the Special Korean War Veteran License 15 Plate Fund, and the Retired Congressional License Plate Fund 16 to the Secretary of State Special License Plate Fund. 17 (l) The Motor Vehicle Review Board Fund is created as a 18 special fund in the State Treasury. Moneys deposited into 19 the Fund under paragraph (7) of subsection (b) of Section 20 5-101 and Section 5-109 shall, subject to appropriation, be 21 used by the Office of the Secretary of State to administer 22 the Motor Vehicle Review Board, including without limitation 23 payment of compensation and all necessary expenses incurred 24 in administering the Motor Vehicle Review Board under the 25 Motor Vehicle Franchise Act. 26 (m) Effective July 1, 1996, there is created in the 27 State Treasury a special fund to be known as the Family 28 Responsibility Fund. Moneys deposited into the Fund shall, 29 subject to appropriation, be used by the Office of the 30 Secretary of State for the purpose of enforcing the Family 31 Financial Responsibility Law. 32 (n) The Illinois Fire Fighters' Memorial Fund is created 33 as a special fund in the State Treasury. Moneys deposited 34 into the Fund shall, subject to appropriation, be used by the HB0708 Engrossed -670- LRB9203186EGfg 1 Office of the State Fire Marshal for construction of the 2 Illinois Fire Fighters' Memorial to be located at the State 3 Capitol grounds in Springfield, Illinois. Upon the 4 completion of the Memorial, moneys in the Fund shall be used 5 in accordance with Section 3-634. 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; 91-832, eff. 6-16-00; revised 7-5-00.) 12 (625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616) 13 Sec. 3-616. Person with disabilities license plates. 14 (a) Upon receiving an application for a certificate of 15 registration for a motor vehicle of the first division or for 16 a motor vehicle of the second division weighing no more than 17 8,000 pounds, accompanied with payment of the registration 18 fees required under this Code from a person with disabilities 19 or a person who is deaf or hard of hearingperson, the 20 Secretary of State, if so requested, shall issue to such 21 person registration plates as provided for in Section 3-611, 22 provided that the person with disabilities or person who is 23 deaf or hard of hearing must not be disqualified from 24 obtaining a driver's license under subsection 8 of Section 25 6-103 of this Code, and further provided that any person 26 making such a request must submit a statement certified by a 27 licensed physician to the effect that such person is a person 28 with disabilities as defined by Section 1-159.1 of this Code, 29 or alternatively provide adequate documentation that such 30 person has a Class 1A, Class 2A or Type Four disability 31 under the provisions of Section 4A of the Illinois 32 Identification Card Act. For purposes of this Section, an 33 Illinois Disabled Person Identification Card issued pursuant HB0708 Engrossed -671- LRB9203186EGfg 1 to the Illinois Identification Card Act indicating that the 2 person thereon named has a disability shall be adequate 3 documentation of such a disability. 4 (b) The Secretary shall issue plates under this Section 5 to a person without disabilities if a member of that person's 6 immediate family has a Class 1A or Class 2A disability as 7 defined in Section 4A of the Illinois Identification Card Act 8 or is a person with disabilities as defined by Section 9 1-159.1 of this Code, and does not possess a vehicle 10 registered in the name of the person with disabilities under 11 Section 3-616, provided that the person with disabilities 12 relies frequently on the applicant for transportation in the 13 vehicle to be registered. Only 2twovehicles per family may 14 be registered under this subsection. Any person requesting 15 special plates under this subsection shall submit such 16 documentation or such physician's statement as is required in 17 subsectionparagraph(a) and a statement describing the 18 circumstances qualifying for issuance of special plates under 19 this subsection. 20 (c) The Secretary may issue a person with disabilities 21 parking decal or device to a person with disabilities as 22 defined by Section 1-159.1 without regard to qualification of 23 such person with disabilities for a driver's license or 24 registration of a vehicle by such person with disabilities or 25 such person's immediate family, provided such person with 26 disabilities making such a request has been issued a Disabled 27 Person Identification Card indicating that the person named 28 thereon has a Class 1A or Class 2A disability, or 29 alternatively, submits a statement certified by a licensed 30 physician to the effect that such person is a person with 31 disabilities as defined by Section 1-159.1. 32 (d) The Secretary shall prescribe by rules and 33 regulations procedures to certify or re-certify as necessary 34 the eligibility of persons whose disabilities are other than HB0708 Engrossed -672- LRB9203186EGfg 1 permanent for special plates or person with disabilities 2 parking decals or devices issued under subsections (a), (b) 3 and (c). Except as provided under subsection (f) of this 4 Section, no such special plates, decals or devices shall be 5 issued by the Secretary of State to or on behalf of any 6 person with disabilities unless such person is certified as 7 meeting the definition of a person with disabilities pursuant 8 to Section 1-159.1 or meeting the requirement of a Type Four 9 disability as provided under Section 4A of the Illinois 10 Identification Card Act for the period of time that the 11 physician determines the applicant will have the disability, 12 but not to exceed 6 months from the date of certification or 13 recertification. 14 (e) Any person requesting special plates under this 15 Section may also apply to have the special plates 16 personalized, as provided under Section 3-405.1. 17 (f) The Secretary of State, upon application, shall 18 issue person with disabilities registration plates or a 19 person with disabilities parking decal to corporations, 20 school districts, State or municipal agencies, limited 21 liability companies, nursing homes, convalescent homes, or 22 special education cooperatives which will transport persons 23 with disabilities. The Secretary shall prescribe by rule a 24 means to certify or re-certify the eligibility of 25 organizations to receive person with disabilities plates or 26 decals and to designate which of the 2twoperson with 27 disabilities emblems shall be placed on qualifying vehicles. 28 (g) The Secretary of State, or his designee, may enter 29 into agreements with other jurisdictions, including foreign 30 jurisdictions, on behalf of this State relating to the 31 extension of parking privileges by such jurisdictions to 32 permanently disabled residents of this State who display a 33 special license plate or parking device that contains the 34 International symbol of access on his or her motor vehicle, HB0708 Engrossed -673- LRB9203186EGfg 1 and to recognize such plates or devices issued by such other 2 jurisdictions. This State shall grant the same parking 3 privileges which are granted to disabled residents of this 4 State to any non-resident whose motor vehicle is licensed in 5 another state, district, territory or foreign country if such 6 vehicle displays the international symbol of access or a 7 distinguishing insignia on license plates or parking device 8 issued in accordance with the laws of the non-resident's 9 state, district, territory or foreign country. 10 (Source: P.A. 91-769, eff. 6-9-00; revised 12-26-00.) 11 (625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818) 12 Sec. 3-818. (a) Mileage weight tax option. Any owner of 13 a vehicle of the second division may elect to pay a mileage 14 weight tax for such vehicle in lieu of the flat weight tax 15 set out in Section 3-815. Such election shall be binding to 16 the end of the registration year. Renewal of this election 17 must be filed with the Secretary of State on or before July 1 18 of each registration period. In such event the owner shall, 19 at the time of making such election, pay the $10 registration 20 fee and the minimum guaranteed mileage weight tax, as 21 hereinafter provided, which payment shall permit the owner to 22 operate that vehicle the maximum mileage in this State 23 hereinafter set forth. Any vehicle being operated on mileage 24 plates cannot be operated outside of this State. In addition 25 thereto, the owner of that vehicle shall pay a mileage weight 26 tax at the following rates for each mile traveled in this 27 State in excess of the maximum mileage provided under the 28 minimum guaranteed basis: 29 BUS, TRUCK OR TRUCK TRACTOR 30 Maximum Mileage 31 Minimum Mileage Weight Tax 32 Guaranteed Permitted for Mileage 33 Gross Weight Mileage Under in excess of HB0708 Engrossed -674- LRB9203186EGfg 1 Vehicle and Weight Guaranteed Guaranteed 2 Load Class Tax Tax Mileage 3 12,000 lbs. or less MD $73 5,000 26 Mills 4 12,001 to 16,000 lbs. MF 120 6,000 34 Mills 5 16,001 to 20,000 lbs. MG 180 6,000 46 Mills 6 20,001 to 24,000 lbs. MH 235 6,000 63 Mills 7 24,001 to 28,000 lbs. MJ 315 7,000 63 Mills 8 28,001 to 32,000 lbs. MK 385 7,000 83 Mills 9 32,001 to 36,000 lbs. ML 485 7,000 99 Mills 10 36,001 to 40,000 lbs. MN 615 7,000 128 Mills 11 40,001 to 45,000 lbs. MP 695 7,000 139 Mills 12 45,001 to 54,999 lbs. MR 853 7,000 156 Mills 13 55,000 to 59,500 lbs. MS 920 7,000 178 Mills 14 59,501 to 64,000 lbs. MT 985 7,000 195 Mills 15 64,001 to 73,280 lbs. MV 1,173 7,000 225 Mills 16 73,281 to 77,000 lbs. MX 1,328 7,000 258 Mills 17 77,001 to 80,000 lbs. MZ 1,415 7,000 275 Mills 18 TRAILER 19 Maximum Mileage 20 Minimum Mileage Weight Tax 21 Guaranteed Permitted for Mileage 22 Gross Weight Mileage Under in excess of 23 Vehicle and Weight Guaranteed Guaranteed 24 Load Class Tax Tax Mileage 25 14,000 lbs. or less ME $75 5,000 31 Mills 26 14,001 to 20,000 lbs. MF 135 6,000 36 Mills 27 20,001 to 36,000 lbs. ML 540 7,000 103 Mills 28 36,001 to 40,000 lbs. MM 750 7,000 150 Mills 29 (a-1) A Special Hauling Vehicle is a vehicle or 30 combination of vehicles of the second division registered 31 under Section 3-813 transporting asphalt or concrete in the 32 plastic state or a vehicle or combination of vehicles that 33 are subject to the gross weight limitations in subsection (b) 34 of Section 15-111 for which the owner of the vehicle or HB0708 Engrossed -675- LRB9203186EGfg 1 combination of vehicles has elected to pay, in addition to 2 the registration fee in subsection (a), $125 to the Secretary 3 of State for each registration year. The Secretary shall 4 designate this class of vehicle as a Special Hauling Vehicle. 5 In preparing rate schedules on registration applications, 6 the Secretary of State shall add to the above rates, the $10 7 registration fee. The Secretary may decline to accept any 8 renewal filed after July 1st. 9 The number of axles necessary to carry the maximum load 10 provided shall be determined from Chapter 15 of this Code. 11 Every owner of a second division motor vehicle for which 12 he has elected to pay a mileage weight tax shall keep a daily 13 record upon forms prescribed by the Secretary of State, 14 showing the mileage covered by that vehicle in this State. 15 Such record shall contain the license number of the vehicle 16 and the miles traveled by the vehicle in this State for each 17 day of the calendar month. Such owner shall also maintain 18 records of fuel consumed by each such motor vehicle and fuel 19 purchases therefor. On or before the 10th day of January and 20 July the owner shall certify to the Secretary of State upon 21 forms prescribed therefor, summaries of his daily records 22 which shall show the miles traveled by the vehicle in this 23 State during the preceding 6 months and such other 24 information as the Secretary of State may require. The daily 25 record and fuel records shall be filed, preserved and 26 available for audit for a period of 3 years. Any owner filing 27 a return hereunder shall certify that such return is a true, 28 correct and complete return. Any person who willfully makes a 29 false return hereunder is guilty of perjury and shall be 30 punished in the same manner and to the same extent as is 31 provided therefor. 32 At the time of filing his return, each owner shall pay to 33 the Secretary of State the proper amount of tax at the rate 34 herein imposed. HB0708 Engrossed -676- LRB9203186EGfg 1 Every owner of a vehicle of the second division who 2 elects to pay on a mileage weight tax basis and who operates 3 the vehicle within this State, shall file with the Secretary 4 of State a bond in the amount of $500. The bond shall be in 5 a form approved by the Secretary of State and with a surety 6 company approved by the Illinois Department of Insurance to 7 transact business in this State as surety, and shall be 8 conditioned upon such applicant's paying to the State of 9 Illinois all money becoming due by reason of the operation of 10 the second division vehicle in this State, together with all 11 penalties and interest thereon. 12 Upon notice from the Secretary that the registrant has 13 failed to pay the excess mileage fees, the surety shall 14 immediately pay the fees together with any penalties and 15 interest thereon in an amount not to exceed the limits of the 16 bond. 17 (Source: P.A. 91-37, eff. 7-1-99; 91-499, eff. 8-13-99; 18 revised 10-26-99.) 19 (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821) 20 Sec. 3-821. Miscellaneous Registration and Title Fees. 21 (a) The fee to be paid to the Secretary of State for the 22 following certificates, registrations or evidences of proper 23 registration, or for corrected or duplicate documents shall 24 be in accordance with the following schedule: 25 Certificate of Title, except for an all-terrain 26 vehicle or off-highway motorcycle $65 27 Certificate of Title for an all-terrain vehicle 28 or off-highway motorcycle $30 29 Certificate of Title for an all-terrain vehicle 30 or off-highway motorcycle used for production 31 agriculture, or accepted by a dealer in trade 13 32 Transfer of Registration or any evidence of 33 proper registration 15 HB0708 Engrossed -677- LRB9203186EGfg 1 Duplicate Registration Card for plates or other 2 evidence of proper registration 3 3 Duplicate Registration Sticker or Stickers, each 5 4 Duplicate Certificate of Title 65 5 Corrected Registration Card or Card for other 6 evidence of proper registration 3 7 Corrected Certificate of Title 65 8 Salvage Certificate 4 9 Fleet Reciprocity Permit 15 10 Prorate Decal 1 11 Prorate Backing Plate 3 12 There shall be no fee paid for a Junking Certificate. 13 (b) The Secretary may prescribe the maximum service 14 charge to be imposed upon an applicant for renewal of a 15 registration by any person authorized by law to receive and 16 remit or transmit to the Secretary such renewal application 17 and fees therewith. 18 (c) If a check is delivered to the Office of the 19 Secretary of State as payment of any fee or tax under this 20 Code, and such check is not honored by the bank on which it 21 is drawn for any reason, the registrant or other person 22 tendering the check remains liable for the payment of such 23 fee or tax. The Secretary of State may assess a service 24 charge of $19 in addition to the fee or tax due and owing for 25 all dishonored checks. 26 If the total amount then due and owing exceeds the sum 27 of $50 and has not been paid in full within 60 days from the 28 date such fee or tax became due to the Secretary of State, 29 the Secretary of State shall assess a penalty of 25% of such 30 amount remaining unpaid. 31 All amounts payable under this Section shall be computed 32 to the nearest dollar. 33 (d) The minimum fee and tax to be paid by any applicant 34 for apportionment of a fleet of vehicles under this Code HB0708 Engrossed -678- LRB9203186EGfg 1 shall be $15 if the application was filed on or before the 2 date specified by the Secretary together with fees and taxes 3 due. If an application and the fees or taxes due are filed 4 after the date specified by the Secretary, the Secretary may 5 prescribe the payment of interest at the rate of 1/2 of 1% 6 per month or fraction thereof after such due date and a 7 minimum of $8. 8 (e) Trucks, truck tractors, truck tractors with loads, 9 and motor buses, any one of which having a combined total 10 weight in excess of 12,000 lbs. shall file an application for 11 a Fleet Reciprocity Permit issued by the Secretary of State. 12 This permit shall be in the possession of any driver 13 operating a vehicle on Illinois highways. Any foreign 14 licensed vehicle of the second division operating at any time 15 in Illinois without a Fleet Reciprocity Permit or other 16 proper Illinois registration, shall subject the operator to 17 the penalties provided in Section 3-834 of this Code. For 18 the purposes of this Code, "Fleet Reciprocity Permit" means 19 any second division motor vehicle with a foreign license and 20 used only in interstate transportation of goods. The fee for 21 such permit shall be $15 per fleet which shall include all 22 vehicles of the fleet being registered. 23 (f) For purposes of this Section, "all-terrain vehicle 24 or off-highway motorcycle used for production agriculture" 25 means any all-terrain vehicle or off-highway motorcycle used 26 in the raising of or the propagation of livestock, crops for 27 sale for human consumption, crops for livestock consumption, 28 and production seed stock grown for the propagation of feed 29 grains and the husbandry of animals or for the purpose of 30 providing a food product, including the husbandry of blood 31 stock as a main source of providing a food product. 32 "All-terrain vehicle or off-highway motorcycle used in 33 production agriculture" also means any all-terrain vehicle or 34 off-highway motorcycle used in animal husbandry, HB0708 Engrossed -679- LRB9203186EGfg 1 floriculture, aquaculture, horticulture, and viticulture. 2 (Source: P.A. 90-287, eff. 1-1-98; 90-774, eff. 8-14-98; 3 91-37, eff. 7-1-99; 91-441, eff. 1-1-00; revised 10-19-99.) 4 (625 ILCS 5/6-110.1) 5 Sec. 6-110.1. Confidentiality of captured photographs or 6 images. The Secretary of State shall maintain a file on or 7 contract to file all photographs and signatures obtained in 8 the process of issuing a driver's license, permit, or 9 identification card. The photographs and signatures shall be 10 confidential and shall not be disclosed except to the 11 following persons: 12 (1) the individual upon written request; 13 (2) officers and employees of the Secretary of 14 State who have a need to have access to the stored images 15 for purposes of issuing and controlling driver's 16 licenses, permits, or identification cards; 17 (3) law enforcement officials for a lawful,civil,18 or criminal law enforcement investigation; or 19 (4) other entities thatasthe Secretary may exempt 20 by rule. 21 (Source: P.A. 90-191, eff. 1-1-98; revised 2-9-00.) 22 (625 ILCS 5/6-210) (from Ch. 95 1/2, par. 6-210) 23 Sec. 6-210. No operation under foreign license during 24 suspension or revocation in this State. 25 Any resident or nonresident whose drivers license or 26 permit or privilege to operate a motor vehicle in this State 27 has been suspended or revoked as provided in this Act shall 28 not operate a motor vehicle in this State: 29 (1) during the period of such suspension, except as 30 permitted by a restricted driving permit issued under the 31 provisions of Section 6-206(b) 2of this Act; or 32 (2) after such revocation until a license is HB0708 Engrossed -680- LRB9203186EGfg 1 obtained when and as permitted under this Act, except as 2 permitted by a restricted driving permit issued under the 3 provisionsin paragraph (a)of Section 6-205 of this Act. 4 (Source: P.A. 76-1586; revised 1-16-01.) 5 (625 ILCS 5/7-707) 6 Sec. 7-707. Payment of reinstatement fee. When an 7 obligor receivesUpon an obligors receivingnotice from the 8 Secretary of State that the suspension of driving privileges 9 has been terminated based upon receipt of notification from 10 the circuit clerk of the obligor'sobligorscompliance with a 11 court order of support, the obligor shall pay a $30 12 reinstatement fee to the Secretary of State as set forth in 13 Section 6-118 of this Code. The fee shall be deposited into 14 the Family Responsibility Fund. In accordance with 15 subsection (e) of Section 6-115 of this Code, the Secretary 16 of State may decline to process a renewal of a driver's 17 license of a person who has not paid this fee. 18 (Source: P.A. 89-92, eff. 7-1-96; revised 10-20-00.) 19 (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5) 20 Sec. 11-501.5. Preliminary Breath Screening Test. 21 (a) If a law enforcement officer has reasonable suspicion 22 to believe that a person is violating or has violated Section 23 11-501 or a similar provision of a local ordinance, the 24 officer, prior to an arrest, may request the person to 25 provide a sample of his or her breath for a preliminary 26 breath screening test using a portable device approved by the 27 Department of State Police. The person may refuse the test. 28 The results of this preliminary breath screening test may be 29 used by the law enforcement officer for the purpose of 30 assisting with the determination of whether to require a 31 chemical test as authorized under Sections 11-501.1 and 32 11-501.2, and the appropriate type of test to request. Any HB0708 Engrossed -681- LRB9203186EGfg 1 chemical test authorized under Sections 11-501.1 and 11-501.2 2 may be requested by the officer regardless of the result of 3 the preliminary breath screening test, if probable cause for 4 an arrest exists. The result of a preliminary breath 5 screening test may be used by the defendant as evidence in 6 any administrative or court proceeding involving a violation 7 of Section 11-501 or 11-501.1. 8 (b) The Department of State Police shall create a pilot 9 program to establish the effectiveness of pupillometer 10 technology (the measurement of the pupil's reaction to light) 11 as a noninvasive technique to detect and measure possible 12 impairment of any person who drives or is in actual physical 13 control of a motor vehicle resulting from the suspected usage 14 of alcohol, other drug or drugs, intoxicating compound or 15 compounds or any combination thereof. This technology shall 16 also be used to detect fatigue levels of the operator of a 17 Commercial Motor Vehicle as defined in Section 6-500(6), 18 pursuant to Section 18b-105 (Part 395-Hours of Service of 19 Drivers) of the Illinois Vehicle Code. A State Police 20 officer may request that the operator of a commercial motor 21 vehicle have his or her eyes examined or tested with a 22 pupillometer device. The person may refuse the examination 23 or test. The State Police officer shall have the device 24 readily available to limit undue delays. 25 If a State Police officer has reasonable suspicion to 26 believe that a person is violating or has violated Section 27 11-501, the officer may use the pupillometer technology, when 28 available. The officer, prior to an arrest, may request the 29 person to have his or her eyes examined or tested with a 30 pupillometer device. The person may refuse the examination 31 or test. The results of this examination or test may be used 32 by the officer for the purpose of assisting with the 33 determination of whether to require a chemical test as 34 authorized under Sections 11-501.1 and 11-501.2 and the HB0708 Engrossed -682- LRB9203186EGfg 1 appropriate type of test to request. Any chemical test 2 authorized under Sections 11-501.1 and 11-501.2 may be 3 requested by the officer regardless of the result of the 4 pupillometer examination or test, if probable cause for an 5 arrest exists. The result of the examination or test may be 6 used by the defendant as evidence in any administrative or 7 court proceeding involving a violation of 11-501 or 11-501.1. 8 The pilot program shall last for a period of 18 months 9 and involve the testing of 15 pupillometer devices. Within 10 90 days of the completion of the pilot project, the 11 Department of State Police shall file a report with the 12 President of the Senate and Speaker of the House evaluating 13 the project. 14 (Source: P.A. 91-828, eff. 1-1-01; 91-881, eff. 6-30-00; 15 revised 7-12-00.) 16 (625 ILCS 5/12-201) (from Ch. 95 1/2, par. 12-201) 17 Sec. 12-201. When lighted lamps are required. 18 (a) When operated upon any highway in this State, every 19 motorcycle shall at all times exhibit at least one lighted 20 lamp, showing a white light visible for at least 500 feet in 21 the direction the motorcycle is proceeding. However, in lieu 22 of such lighted lamp, a motorcycle may be equipped with and 23 use a means of modulating the upper beam of the head lamp 24 between high and a lower brightness. No such head lamp shall 25 be modulated, except to otherwise comply with this Code, 26 during times when lighted lamps are required for other motor 27 vehicles. 28 (b) All other motor vehicles shall exhibit at least 2 29 lighted head lamps, with at least one on each side of the 30 front of the vehicle, which satisfy United States Department 31 of Transportation requirements, showing white lights, 32 including that emitted by high intensity discharge (HID) 33 lamps, or lights of a yellow or amber tint, during the period HB0708 Engrossed -683- LRB9203186EGfg 1 from sunset to sunrise, at times when rain, snow, fog, or 2 other atmospheric conditions require the use of windshield 3 wipers, and at any other times when, due to insufficient 4 light or unfavorable atmospheric conditions, persons and 5 vehicles on the highway are not clearly discernible at a 6 distance of 1000 feet. Parking lamps may be used in addition 7 to but not in lieu of such head lamps. Every motor vehicle, 8 trailer, or semi-trailer shall also exhibit at least 2 9 lighted lamps, commonly known as tail lamps, which shall be 10 mounted on the left rear and right rear of the vehicle so as 11 to throw a red light visible for at least 500 feet in the 12 reverse direction, except that a truck tractor or road 13 tractor manufactured before January 1, 1968 and all 14 motorcycles need be equipped with only one such tail lamp. 15 (c) Either a tail lamp or a separate lamp shall be so 16 constructed and placed as to illuminate with a white light a 17 rear registration plate when required and render it clearly 18 legible from a distance of 50 feet to the rear. Any tail lamp 19 or tail lamps, together with any separate lamp or lamps for 20 illuminating a rear registration plate, shall be so wired as 21 to be lighted whenever the head lamps or auxiliary driving 22 lamps are lighted. 23 (d) A person shall install only head lamps that satisfy 24 United States Department of Transportation regulations and 25 show white light, including that emitted by HID lamps, or 26 light of a yellow or amber tint for use by a motor vehicle. 27 (Source: P.A. 91-130, eff. 1-1-00; 91-135, eff. 1-1-00; 28 revised 10-8-99.) 29 Section 85.2. The Official Court Reports Act is amended 30 by changing Section 6 as follows: 31 (705 ILCS 65/6) (from Ch. 37, par. 646) 32 Sec. 6. The reports of decisions of the Supreme Court HB0708 Engrossed -684- LRB9203186EGfg 1 and Appellate Court shall be distributed as follows: Five 2 copies to the Library of Congress, one copy to the President 3 of the United States, one copy to each state and territorial 4 library, one copy to each State officer required to reside at 5 the seat of government, and one copy to the Legislative 6 Reference Bureau. Five copies shall be deposited in the 7 library of the Supreme Court of this State, and 2 copies 8 shall be deposited in the State Library for the use of the 9 State. 10 For the purpose of carrying into effect the provisions of 11 this Section, the Director of the Administrative Office of 12 the Illinois Courts is authorized and required to purchase a 13 sufficient number of copies of each volume of thesaid14 reports from time to time as they are published. 15 This provision shall not be construed to require the 16 Director to purchase and distribute the reports to any office 17 or library that declines receipt of them. 18 The Director of the Administrative Office of the Illinois 19 Courts is authorized to purchase a sufficient number of 20 copies of each volume of reports as required by the judges, 21 clerks of courts, and research departments of the Supreme 22 Court, the Appellate Court, and the circuit courts of this 23 State. 24 (Source: P.A. 88-44; revised 2-23-00.) 25 Section 85.4. The Foreign Language Court Interpreter Act 26 is amended by changing Section 5 as follows: 27 (705 ILCS 78/5) 28 Sec. 5. Foreign Language Court Interpreter Program. The 29 Supreme Court may establish and administer by rule or 30 procedure a program of testing and certification for foreign 31 language court interpreters. The program may provide that: 32 (1) The Administrative Office of the Illinois HB0708 Engrossed -685- LRB9203186EGfg 1 Courts may work cooperatively with community colleges and 2 other private or public educational institutions and with 3 other public or private organizations to establish a 4 certification preparation curriculum and suitable 5 training programs to ensure the availability of certified 6 interpreters. Training programs may be made readily 7 available throughout the State. 8 (2) The Administrative Office of the Illinois 9 Courts may establish and adopt standards of proficiency, 10 written and oral, in English and the language to be 11 interpreted. 12 (3) The Administrative Office of the Illinois 13 Courts may conduct periodic examinations to ensure the 14 availability of certified interpreters. Periodic 15 examinations may be made readily available throughout the 16 State. 17 (4) The Administrative Office of the Illinois 18 Courts may compile, maintain, and disseminate a current 19 list of interpreters certified by the Administrative 20 Office of the Illinois Courts. 21 (5) The Administrative Office of the Illinois 22 Courts may charge reasonable fees, as authorized by the 23 Supreme Court, for testing, training, and certification. 24 These fees shall be deposited into the Foreign Language 25 Interpreter Fund, which is hereby created as a special 26 fund in the State Treasury. 27 (6) The expenses of testing, training, and 28 certifying foreign language court interpreters under the 29 program, as authorized by the Supreme Court, may be paid, 30 subject to appropriation, from the Foreign Language 31 Interpreter Fund or any other source of funds available 32 for this purpose. 33 (Source: P.A. 90-771, eff. 1-1-99; revised 2-23-00.) HB0708 Engrossed -686- LRB9203186EGfg 1 Section 86. The Clerks of Courts Act is amended by 2 changing Sections 27.1, 27.1a, and 27.2 as follows: 3 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1) 4 Sec. 27.1. The fees of the Clerk of the Circuit Court in 5 all counties having a population of 180,000 inhabitants or 6 less shall be paid in advance, except as otherwise provided, 7 and shall be as follows: 8 (a) Civil Cases. 9 (1) All civil cases except as otherwise 10 provided........................................... $40 11 (2) Judicial Sales (except Probate).......... $40 12 (b) Family. 13 (1) Commitment petitions under the Mental 14 Health and Developmental Disabilities Code, filing 15 transcript of commitment proceedings held in 16 another county, and cases under the Juvenile Court 17 Act of 1987........................................ $25 18 (2) Petition for Marriage Licenses........... $10 19 (3) Marriages in Court....................... $10 20 (4) Paternity................................ $40 21 (c) Criminal and Quasi-Criminal. 22 (1) Each person convicted of a felony........ $40 23 (2) Each person convicted of a misdemeanor, 24 leaving scene of an accident, driving while 25 intoxicated, reckless driving or drag racing, 26 driving when license revoked or suspended, 27 overweight, or no interstate commerce certificate, 28 or when the disposition is court supervision....... $25 29 (3) Each person convicted of a business 30 offense............................................ $25 31 (4) Each person convicted of a petty offense. $25 32 (5) Minor traffic, conservation, or 33 ordinance violation, including HB0708 Engrossed -687- LRB9203186EGfg 1 without limitation when the disposition is 2 court supervision: 3 (i) For each offense.................... $10 4 (ii) For each notice sent to the 5 defendant's last known address pursuant to 6 subsection (c) of Section 6-306.4 of the Illinois 7 Vehicle Code....................................... $2 8 (iii) For each notice sent to the 9 Secretary of State pursuant to subsection (c) of 10 Section 6-306.4 of the Illinois Vehicle Code....... $2 11 (6) When Court Appearance required........... $15 12 (7) Motions to vacate or amend final orders.. $10 13 (8) In ordinance violation cases punishable 14 by fine only, the clerk of the circuit court shall 15 be entitled to receive, unless the fee is excused 16 upon a finding by the court that the defendant is 17 indigent, in addition to other fees or costs 18 allowed or imposed by law, the sum of $62.50 as a 19 fee for the services of a jury. The jury fee shall 20 be paid by the defendant at the time of filing his 21 or her jury demand. If the fee is not so paid by 22 the defendant, no jury shall be called, and the 23 case shall be tried by the court without a jury. 24 (d) Other Civil Cases. 25 (1) Money or personal property claimed does 26 not exceed $500.................................... $10 27 (2) Exceeds $500 but not more than $10,000... $25 28 (3) Exceeds $10,000, when relief in addition 29 to or supplemental to recovery of money alone is 30 sought in an action to recover personal property 31 taxes or retailers occupational tax regardless of 32 amount claimed..................................... $45 33 (4) The Clerk of the Circuit Court shall be 34 entitled to receive, in addition to other fees HB0708 Engrossed -688- LRB9203186EGfg 1 allowed by law, the sum of $62.50, as a fee for the 2 services of a jury in every civil action not 3 quasi-criminal in its nature and not a proceeding 4 for the exercise of the right of eminent domain, 5 and in every equitable action wherein the right of 6 trial by jury is or may be given by law. The jury 7 fee shall be paid by the party demanding a jury at 8 the time of filing his jury demand. If such a fee 9 is not paid by either party, no jury shall be 10 called in the action, suit, or proceeding, and the 11 same shall be tried by the court without a jury. 12 (e) Confession of judgment and answer. 13 (1) When the amount does not exceed $1,000... $20 14 (2) Exceeds $1,000........................... $40 15 (f) Auxiliary Proceedings. 16 Any auxiliary proceeding relating to the 17 collection of a money judgment, including 18 garnishment, citation, or wage deduction action.... $5 19 (g) Forcible entry and detainer. 20 (1) For possession only or possession and 21 rent not in excess of $10,000...................... $10 22 (2) For possession and rent in excess of 23 $10,000............................................ $40 24 (h) Eminent Domain. 25 (1) Exercise of Eminent Domain............... $45 26 (2) For each and every lot or tract of land 27 or right or interest therein subject to be 28 condemned, the damages in respect to which shall 29 require separate assessments by a jury............. $45 30 (i) Reinstatement. 31 Each case including petition for modification 32 of a judgment or order of Court if filed later than 33 30 days after the entry of a judgment or order, 34 except in forcible entry and detainer cases and HB0708 Engrossed -689- LRB9203186EGfg 1 small claims and except a petition to modify, 2 terminate, or enforce a judgement or order for 3 child or spousal support or to modify, suspend, or 4 terminate an order for withholding, petition to 5 vacate judgment of dismissal for want of 6 prosecution whenever filed, petition to reopen an 7 estate, or redocketing of any cause................ $20 8 (j) Probate. 9 (1) Administration of decedent's estates, 10 whether testate or intestate, guardianships of the 11 person or estate or both of a person under legal 12 disability, guardianships of the person or estate 13 or both of a minor or minors, or petitions to sell 14 real estate in the administration of any estate.... $50 15 (2) Small estates in cases where the real and 16 personal property of an estate does not exceed 17 $5,000............................................. $25 18 (3) At any time during the administration of 19 the estate, however, at the request of the Clerk, 20 the Court shall examine the record of the estate 21 and the personal representative to determine the 22 total value of the real and personal property of 23 the estate, and if such value exceeds $5,000 shall 24 order the payment of an additional fee in the 25 amount of.......................................... $40 26 (4) Inheritance tax proceedings.............. $15 27 (5) Issuing letters only for a certain 28 specific reason other than the administration of an 29 estate, including but not limited to the release of 30 mortgage; the issue of letters of guardianship in 31 order that consent to marriage may be granted or 32 for some other specific reason other than for the 33 care of property or person; proof of heirship 34 without administration; or when a will is to be HB0708 Engrossed -690- LRB9203186EGfg 1 admitted to probate, but the estate is to be 2 settled without administration..................... $10 3 (6) When a separate complaint relating to any 4 matter other than a routine claim is filed in an 5 estate, the required additional fee shall be 6 charged for such filing............................ $45 7 (k) Change of Venue. 8 From a court, the charge is the same amount as 9 the original filing fee; however, the fee for 10 preparation and certification of record on change 11 of venue, when original documents or copies are 12 forwarded.......................................... $10 13 (l) Answer, adverse pleading, or appearance. 14 In civil cases................................ $15 15 With the following exceptions: 16 (1) When the amount does not exceed $500..... $5 17 (2) When amount exceeds $500 but not $10,000. $10 18 (3) When amount exceeds $10,000.............. $15 19 (4) Court appeals when documents are 20 forwarded, over 200 pages, additional fee per page 21 over 200........................................... 10¢ 22 (m) Tax objection complaints. 23 For each tax objection complaint containing 24 one or more tax objections, regardless of the 25 number of parcels involved or the number of 26 taxpayers joining the complaint.................... $10 27 (n) Tax deed. 28 (1) Petition for tax deed, if only one parcel 29 is involved........................................ $45 30 (2) For each additional parcel involved, an 31 additional fee of.................................. $10 32 (o) Mailing Notices and Processes. 33 (1) All notices that the clerk is required to 34 mail as first class mail........................... $2 HB0708 Engrossed -691- LRB9203186EGfg 1 (2) For all processes or notices the Clerk is 2 required to mail by certified or registered mail, 3 the fee will be $2 plus cost of postage. 4 (p) Certification or Authentication. 5 (1) Each certification or authentication for 6 taking the acknowledgement of a deed or other 7 instrument in writing with seal of office.......... $2 8 (2) Court appeals when original documents are 9 forwarded, 100 pages or under, plus delivery costs. $25 10 (3) Court appeals when original documents are 11 forwarded, over 100 pages, plus delivery costs..... $60 12 (4) Court appeals when original documents are 13 forwarded, over 200 pages, additional fee per page 14 over 200........................................... 10¢ 15 (q) Reproductions. 16 Each record of proceedings and judgment, 17 whether on appeal, change of venue, certified 18 copies of orders and judgments, and all other 19 instruments, documents, records, or papers: 20 (1) First page.......................... $1 21 (2) Next 19 pages, per page............. 50¢ 22 (3) All remaining pages, per page....... 25¢ 23 (r) Counterclaim. 24 When any defendant files a counterclaim as 25 part of his or her answer or otherwise, or joins 26 another party as a third party defendant, or both, 27 he or she shall pay a fee for each such 28 counterclaim or third party action in an amount 29 equal to the fee he or she would have had to pay 30 had he or she brought a separate action for the 31 relief sought in the counterclaim or against the 32 third party defendant, less the amount of the 33 appearance fee, if that has been paid. 34 (s) Transcript of Judgment. HB0708 Engrossed -692- LRB9203186EGfg 1 From a court, the same fee as if case 2 originally filed. 3 (t) Publications. 4 The cost of publication shall be paid directly 5 to the publisher by the person seeking the 6 publication, whether the clerk is required by law 7 to publish, or the parties to the action. 8 (u) Collections. 9 (1) For all collections made for others, 10 except the State and County and except in 11 maintenance or child support cases, a sum equal to 12 2% of the amount collected and turned over. 13 (2) In any cases remanded to the Circuit 14 Court from the Supreme Court or the Appellate 15 Court, the Clerk shall file the remanding order and 16 reinstate the case with either its original number 17 or a new number. The Clerk shall not charge any 18 new or additional fee for the reinstatement. Upon 19 reinstatement the Clerk shall advise the parties of 20 the reinstatement. A party shall have the same 21 right to a jury trial on remand and reinstatement 22 as he or she had before the appeal, and no 23 additional or new fee or charge shall be made for a 24 jury trial after remand. 25 (3) In maintenance and child support matters, 26 the Clerk may deduct from each payment an amount 27 equal to the United States postage to be used in 28 mailing the maintenance or child support check to 29 the recipient. In such cases, the Clerk shall 30 collect an annual fee of up to $36 from the person 31 making such payment for maintaining child support 32 records and the processing of support orders to the 33 State of Illinois KIDS system and the recording of 34 payments issued by the State Disbursement Unit for HB0708 Engrossed -693- LRB9203186EGfg 1 the official record of the Court. Such sum shall be 2 in addition to and separate from amounts ordered to 3 be paid as maintenance or child support and shall 4 be deposited in a separate Maintenance and Child 5 Support Collection Fund of which the Clerk shall be 6 the custodian, ex officio, to be used by the Clerk 7 to maintain child support orders and record all 8 payments issued by the State Disbursement Unit for 9 the official record of the Court. Unless paid in 10 cash or pursuant to an order for withholding, the 11 payment of the fee shall be by a separate 12 instrument from the support payment and shall be 13 made to the order of the Clerk. The Clerk may 14 recover from the person making the maintenance or 15 child support payment any additional cost incurred 16 in the collection of this annual fee. 17 (4) Interest earned on any funds held by the 18 clerk shall be turned over to the county general 19 fund as an earning of the office. 20 The Clerk shall also be entitled to a fee of 21 $5 for certifications made to the Secretary of 22 State as provided in Section 7-703 of the Family 23 Financial Responsibility Law and these fees shall 24 also be deposited into the Separate Maintenance and 25 Child Support Collection Fund. 26 (v) Correction of Cases. 27 For correcting the case number or case title 28 on any document filed in his office, to be charged 29 against the party that filed the document.......... $10 30 (w) Record Search. 31 For searching a record, per year searched..... $4 32 (x) Printed Output. 33 For each page of hard copy print output, when 34 case records are maintained on an automated medium. $2 HB0708 Engrossed -694- LRB9203186EGfg 1 (y) Alias Summons. 2 For each alias summons issued................. $2 3 (z) Expungement of Records. 4 For each expungement petition filed........... $15 5 (aa) Other Fees. 6 Any fees not covered by this Section shall be set by 7 rule or administrative order of the Circuit Court, with 8 the approval of the Supreme Court. 9 (bb) Exemptions. 10 No fee provided for herein shall be charged to any 11 unit of State or local government or school district 12 unless the Court orders another party to pay such fee on 13 its behalf. The fee requirements of this Section shall 14 not apply to police departments or other law enforcement 15 agencies. In this Section, "law enforcement agency" 16 means an agency of the State or a unit of local 17 government that is vested by law or ordinance with the 18 duty to maintain public order and to enforce criminal 19 laws and ordinances. The fee requirements of this Section 20 shall not apply to any action instituted under subsection 21 (b) of Section 11-31-1 of the Illinois Municipal Code by 22 a private owner or tenant of real property within 1200 23 feet of a dangerous or unsafe building seeking an order 24 compelling the owner or owners of the building to take 25 any of the actions authorized under that subsection. 26 (cc) Adoptions. 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 (dd) Adoption exemptions. 34 No fee other than that set forth in subsection (cc) HB0708 Engrossed -695- LRB9203186EGfg 1 shall be charged to any person in connection with an 2 adoption proceeding. 3 (ee) Additional Services. 4 Beginning July 1, 1993, the clerk of the circuit 5 court may provide such additional services for which 6 there is no fee specified by statute in connection with 7 the operation of the clerk's office as may be requested 8 by the public and agreed to by the public and by the 9 clerk and approved by the chief judge of the circuit 10 court. Any charges for additional services shall be as 11 agreed to between the clerk and the party making the 12 request and approved by the chief judge of the circuit 13 court. Nothing in this subsection shall be construed to 14 require any clerk to provide any service not otherwise 15 required by law. 16 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 17 91-165, eff. 7-16-99; 91-321, eff. 1-1-00; 91-357, eff. 18 7-29-99; 91-612, eff. 10-1-99; revised 10-26-99.) 19 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a) 20 Sec. 27.1a. The fees of the clerks of the circuit court 21 in all counties having a population in excess of 180,000 but 22 not more than 650,000 inhabitants in the instances described 23 in this Section shall be as provided in this Section. The 24 fees shall be paid in advance and shall be as follows: 25 (a) Civil Cases. 26 The fee for filing a complaint, petition, or other 27 pleading initiating a civil action, with the following 28 exceptions, shall be $150. 29 (A) When the amount of money or damages or the 30 value of personal property claimed does not exceed 31 $250, $10. 32 (B) When that amount exceeds $250 but does not 33 exceed $500, $20. HB0708 Engrossed -696- LRB9203186EGfg 1 (C) When that amount exceeds $500 but does not 2 exceed $2500, $30. 3 (D) When that amount exceeds $2500 but does 4 not exceed $15,000, $75. 5 (E) For the exercise of eminent domain, $150. 6 For each additional lot or tract of land or right or 7 interest therein subject to be condemned, the 8 damages in respect to which shall require separate 9 assessment by a jury, $150. 10 (a-1) Family. 11 For filing a petition under the Juvenile Court Act 12 of 1987, $25. 13 For filing a petition for a marriage license, $10. 14 For performing a marriage in court, $10. 15 For filing a petition under the Illinois Parentage 16 Act of 1984, $40. 17 (b) Forcible Entry and Detainer. 18 In each forcible entry and detainer case when the 19 plaintiff seeks possession only or unites with his or her 20 claim for possession of the property a claim for rent or 21 damages or both in the amount of $15,000 or less, $40. 22 When the plaintiff unites his or her claim for possession 23 with a claim for rent or damages or both exceeding 24 $15,000, $150. 25 (c) Counterclaim or Joining Third Party Defendant. 26 When any defendant files a counterclaim as part of 27 his or her answer or otherwise or joins another party as 28 a third party defendant, or both, the defendant shall pay 29 a fee for each counterclaim or third party action in an 30 amount equal to the fee he or she would have had to pay 31 had he or she brought a separate action for the relief 32 sought in the counterclaim or against the third party 33 defendant, less the amount of the appearance fee, if that 34 has been paid. HB0708 Engrossed -697- LRB9203186EGfg 1 (d) Confession of Judgment. 2 In a confession of judgment when the amount does not 3 exceed $1500, $50. When the amount exceeds $1500, but 4 does not exceed $15,000, $115. When the amount exceeds 5 $15,000, $200. 6 (e) Appearance. 7 The fee for filing an appearance in each civil case 8 shall be $50, except as follows: 9 (A) When the plaintiff in a forcible entry and 10 detainer case seeks possession only, $20. 11 (B) When the amount in the case does not 12 exceed $1500, $20. 13 (C) When that amount exceeds $1500 but does 14 not exceed $15,000, $40. 15 (f) Garnishment, Wage Deduction, and Citation. 16 In garnishment affidavit, wage deduction affidavit, 17 and citation petition when the amount does not exceed 18 $1,000, $10; when the amount exceeds $1,000 but does not 19 exceed $5,000, $20; and when the amount exceeds $5,000, 20 $30. 21 (g) Petition to Vacate or Modify. 22 (1) Petition to vacate or modify any final judgment 23 or order of court, except in forcible entry and detainer 24 cases and small claims cases or a petition to reopen an 25 estate, to modify, terminate, or enforce a judgment or 26 order for child or spousal support, or to modify, 27 suspend, or terminate an order for withholding, if filed 28 before 30 days after the entry of the judgment or order, 29 $40. 30 (2) Petition to vacate or modify any final judgment 31 or order of court, except a petition to modify, 32 terminate, or enforce a judgment or order for child or 33 spousal support or to modify, suspend, or terminate an 34 order for withholding, if filed later than 30 days after HB0708 Engrossed -698- LRB9203186EGfg 1 the entry of the judgment or order, $60. 2 (3) Petition to vacate order of bond forfeiture, 3 $20. 4 (h) Mailing. 5 When the clerk is required to mail, the fee will be 6 $6, plus the cost of postage. 7 (i) Certified Copies. 8 Each certified copy of a judgment after the first, 9 except in small claims and forcible entry and detainer 10 cases, $10. 11 (j) Habeas Corpus. 12 For filing a petition for relief by habeas corpus, 13 $80. 14 (k) Certification, Authentication, and Reproduction. 15 (1) Each certification or authentication for taking 16 the acknowledgment of a deed or other instrument in 17 writing with the seal of office, $4. 18 (2) Court appeals when original documents are 19 forwarded, under 100 pages, plus delivery and costs, $50. 20 (3) Court appeals when original documents are 21 forwarded, over 100 pages, plus delivery and costs, $120. 22 (4) Court appeals when original documents are 23 forwarded, over 200 pages, an additional fee of 20 cents 24 per page. 25 (5) For reproduction of any document contained in 26 the clerk's files: 27 (A) First page, $2. 28 (B) Next 19 pages, 50 cents per page. 29 (C) All remaining pages, 25 cents per page. 30 (l) Remands. 31 In any cases remanded to the Circuit Court from the 32 Supreme Court or the Appellate Court for a new trial, the 33 clerk shall file the remanding order and reinstate the 34 case with either its original number or a new number. The HB0708 Engrossed -699- LRB9203186EGfg 1 Clerk shall not charge any new or additional fee for the 2 reinstatement. Upon reinstatement the Clerk shall advise 3 the parties of the reinstatement. A party shall have the 4 same right to a jury trial on remand and reinstatement as 5 he or she had before the appeal, and no additional or new 6 fee or charge shall be made for a jury trial after 7 remand. 8 (m) Record Search. 9 For each record search, within a division or 10 municipal district, the clerk shall be entitled to a 11 search fee of $4 for each year searched. 12 (n) Hard Copy. 13 For each page of hard copy print output, when case 14 records are maintained on an automated medium, the clerk 15 shall be entitled to a fee of $4. 16 (o) Index Inquiry and Other Records. 17 No fee shall be charged for a single 18 plaintiff/defendant index inquiry or single case record 19 inquiry when this request is made in person and the 20 records are maintained in a current automated medium, and 21 when no hard copy print output is requested. The fees to 22 be charged for management records, multiple case records, 23 and multiple journal records may be specified by the 24 Chief Judge pursuant to the guidelines for access and 25 dissemination of information approved by the Supreme 26 Court. 27 (p) Commitment Petitions. 28 For filing commitment petitions under the Mental 29 Health and Developmental Disabilities Code and for filing 30 a transcript of commitment proceedings held in another 31 county, $25. 32 (q) Alias Summons. 33 For each alias summons or citation issued by the 34 clerk, $4. HB0708 Engrossed -700- LRB9203186EGfg 1 (r) Other Fees. 2 Any fees not covered in this Section shall be set by 3 rule or administrative order of the Circuit Court with 4 the approval of the Administrative Office of the Illinois 5 Courts. 6 The clerk of the circuit court may provide 7 additional services for which there is no fee specified 8 by statute in connection with the operation of the 9 clerk's office as may be requested by the public and 10 agreed to by the clerk and approved by the chief judge of 11 the circuit court. Any charges for additional services 12 shall be as agreed to between the clerk and the party 13 making the request and approved by the chief judge of the 14 circuit court. Nothing in this subsection shall be 15 construed to require any clerk to provide any service not 16 otherwise required by law. 17 (s) Jury Services. 18 The clerk shall be entitled to receive, in addition 19 to other fees allowed by law, the sum of $192.50, as a 20 fee for the services of a jury in every civil action not 21 quasi-criminal in its nature and not a proceeding for the 22 exercise of the right of eminent domain and in every 23 other action wherein the right of trial by jury is or may 24 be given by law. The jury fee shall be paid by the party 25 demanding a jury at the time of filing the jury demand. 26 If the fee is not paid by either party, no jury shall be 27 called in the action or proceeding, and the same shall be 28 tried by the court without a jury. 29 (t) Voluntary Assignment. 30 For filing each deed of voluntary assignment, $10; 31 for recording the same, 25¢ for each 100 words. 32 Exceptions filed to claims presented to an assignee of a 33 debtor who has made a voluntary assignment for the 34 benefit of creditors shall be considered and treated, for HB0708 Engrossed -701- LRB9203186EGfg 1 the purpose of taxing costs therein, as actions in which 2 the party or parties filing the exceptions shall be 3 considered as party or parties plaintiff, and the 4 claimant or claimants as party or parties defendant, and 5 those parties respectively shall pay to the clerk the 6 same fees as provided by this Section to be paid in other 7 actions. 8 (u) Expungement Petition. 9 The clerk shall be entitled to receive a fee of $30 10 for each expungement petition filed and an additional fee 11 of $2 for each certified copy of an order to expunge 12 arrest records. 13 (v) Probate. 14 The clerk is entitled to receive the fees specified in 15 this subsection (v), which shall be paid in advance, except 16 that, for good cause shown, the court may suspend, reduce, or 17 release the costs payable under this subsection: 18 (1) For administration of the estate of a decedent 19 (whether testate or intestate) or of a missing person, 20 $100, plus the fees specified in subsection (v)(3), 21 except: 22 (A) When the value of the real and personal 23 property does not exceed $15,000, the fee shall be 24 $25. 25 (B) When (i) proof of heirship alone is made, 26 (ii) a domestic or foreign will is admitted to 27 probate without administration (including proof of 28 heirship), or (iii) letters of office are issued for 29 a particular purpose without administration of the 30 estate, the fee shall be $25. 31 (2) For administration of the estate of a ward, 32 $50, plus the fees specified in subsection (v)(3), 33 except: 34 (A) When the value of the real and personal HB0708 Engrossed -702- LRB9203186EGfg 1 property does not exceed $15,000, the fee shall be 2 $25. 3 (B) When (i) letters of office are issued to a 4 guardian of the person or persons, but not of the 5 estate or (ii) letters of office are issued in the 6 estate of a ward without administration of the 7 estate, including filing or joining in the filing of 8 a tax return or releasing a mortgage or consenting 9 to the marriage of the ward, the fee shall be $10. 10 (3) In addition to the fees payable under 11 subsection (v)(1) or (v)(2) of this Section, the 12 following fees are payable: 13 (A) For each account (other than one final 14 account) filed in the estate of a decedent, or ward, 15 $15. 16 (B) For filing a claim in an estate when the 17 amount claimed is $150 or more but less than $500, 18 $10; when the amount claimed is $500 or more but 19 less than $10,000, $25; when the amount claimed is 20 $10,000 or more, $40; provided that the court in 21 allowing a claim may add to the amount allowed the 22 filing fee paid by the claimant. 23 (C) For filing in an estate a claim, petition, 24 or supplemental proceeding based upon an action 25 seeking equitable relief including the construction 26 or contest of a will, enforcement of a contract to 27 make a will, and proceedings involving testamentary 28 trusts or the appointment of testamentary trustees, 29 $40. 30 (D) For filing in an estate (i) the appearance 31 of any person for the purpose of consent or (ii) the 32 appearance of an executor, administrator, 33 administrator to collect, guardian, guardian ad 34 litem, or special administrator, no fee. HB0708 Engrossed -703- LRB9203186EGfg 1 (E) Except as provided in subsection 2 (v)(3)(D), for filing the appearance of any person 3 or persons, $10. 4 (F) For each jury demand, $102.50. 5 (G) For disposition of the collection of a 6 judgment or settlement of an action or claim for 7 wrongful death of a decedent or of any cause of 8 action of a ward, when there is no other 9 administration of the estate, $30, less any amount 10 paid under subsection (v)(1)(B) or (v)(2)(B) except 11 that if the amount involved does not exceed $5,000, 12 the fee, including any amount paid under subsection 13 (v)(1)(B) or (v)(2)(B), shall be $10. 14 (H) For each certified copy of letters of 15 office, of court order or other certification, $1, 16 plus 50¢ per page in excess of 3 pages for the 17 document certified. 18 (I) For each exemplification, $1, plus the fee 19 for certification. 20 (4) The executor, administrator, guardian, 21 petitioner, or other interested person or his or her 22 attorney shall pay the cost of publication by the clerk 23 directly to the newspaper. 24 (5) The person on whose behalf a charge is incurred 25 for witness, court reporter, appraiser, or other 26 miscellaneous fee shall pay the same directly to the 27 person entitled thereto. 28 (6) The executor, administrator, guardian, 29 petitioner, or other interested person or his or her 30 attorney shall pay to the clerk all postage charges 31 incurred by the clerk in mailing petitions, orders, 32 notices, or other documents pursuant to the provisions of 33 the Probate Act of 1975. 34 (w) Criminal and Quasi-Criminal Costs and Fees. HB0708 Engrossed -704- LRB9203186EGfg 1 (1) The clerk shall be entitled to costs in all 2 criminal and quasi-criminal cases from each person 3 convicted or sentenced to supervision therein as follows: 4 (A) Felony complaints, $80. 5 (B) Misdemeanor complaints, $50. 6 (C) Business offense complaints, $50. 7 (D) Petty offense complaints, $50. 8 (E) Minor traffic or ordinance violations, 9 $20. 10 (F) When court appearance required, $30. 11 (G) Motions to vacate or amend final orders, 12 $20. 13 (H) Motions to vacate bond forfeiture orders, 14 $20. 15 (I) Motions to vacate ex parte judgments, 16 whenever filed, $20. 17 (J) Motions to vacate judgment on forfeitures, 18 whenever filed, $20. 19 (K) Motions to vacate "failure to appear" or 20 "failure to comply" notices sent to the Secretary of 21 State, $20. 22 (2) In counties having a population in excess of 23 180,000 but not more than 650,000 inhabitants, when the 24 violation complaint is issued by a municipal police 25 department, the clerk shall be entitled to costs from 26 each person convicted therein as follows: 27 (A) Minor traffic or ordinance violations, 28 $10. 29 (B) When court appearance required, $15. 30 (3) In ordinance violation cases punishable by fine 31 only, the clerk of the circuit court shall be entitled to 32 receive, unless the fee is excused upon a finding by the 33 court that the defendant is indigent, in addition to 34 other fees or costs allowed or imposed by law, the sum of HB0708 Engrossed -705- LRB9203186EGfg 1 $62.50 as a fee for the services of a jury. The jury fee 2 shall be paid by the defendant at the time of filing his 3 or her jury demand. If the fee is not so paid by the 4 defendant, no jury shall be called, and the case shall be 5 tried by the court without a jury. 6 (x) Transcripts of Judgment. 7 For the filing of a transcript of judgment, the 8 clerk shall be entitled to the same fee as if it were the 9 commencement of a new suit. 10 (y) Change of Venue. 11 (1) For the filing of a change of case on a change 12 of venue, the clerk shall be entitled to the same fee as 13 if it were the commencement of a new suit. 14 (2) The fee for the preparation and certification 15 of a record on a change of venue to another jurisdiction, 16 when original documents are forwarded, $25. 17 (z) Tax objection complaints. 18 For each tax objection complaint containing one or 19 more tax objections, regardless of the number of parcels 20 involved or the number of taxpayers joining on the 21 complaint, $25. 22 (aa) Tax Deeds. 23 (1) Petition for tax deed, if only one parcel is 24 involved, $150. 25 (2) For each additional parcel, add a fee of $50. 26 (bb) Collections. 27 (1) For all collections made of others, except the 28 State and county and except in maintenance or child 29 support cases, a sum equal to 2.5% of the amount 30 collected and turned over. 31 (2) Interest earned on any funds held by the clerk 32 shall be turned over to the county general fund as an 33 earning of the office. 34 (3) For any check, draft, or other bank instrument HB0708 Engrossed -706- LRB9203186EGfg 1 returned to the clerk for non-sufficient funds, account 2 closed, or payment stopped, $25. 3 (4) In child support and maintenance cases, the 4 clerk, if authorized by an ordinance of the county board, 5 may collect an annual fee of up to $36 from the person 6 making payment for maintaining child support records and 7 the processing of support orders to the State of Illinois 8 KIDS system and the recording of payments issued by the 9 State Disbursement Unit for the official record of the 10 Court. This fee shall be in addition to and separate 11 from amounts ordered to be paid as maintenance or child 12 support and shall be deposited into a Separate 13 Maintenance and Child Support Collection Fund, of which 14 the clerk shall be the custodian, ex-officio, to be used 15 by the clerk to maintain child support orders and record 16 all payments issued by the State Disbursement Unit for 17 the official record of the Court. The clerk may recover 18 from the person making the maintenance or child support 19 payment any additional cost incurred in the collection 20 of this annual fee. 21 The clerk shall also be entitled to a fee of $5 for 22 certifications made to the Secretary of State as provided 23 in Section 7-703 of the Family Financial Responsibility 24 Law and these fees shall also be deposited into the 25 Separate Maintenance and Child Support Collection Fund. 26 (cc) Corrections of Numbers. 27 For correction of the case number, case title, or 28 attorney computer identification number, if required by 29 rule of court, on any document filed in the clerk's 30 office, to be charged against the party that filed the 31 document, $15. 32 (dd) Exceptions. 33 (1) The fee requirements of this Section shall not 34 apply to police departments or other law enforcement HB0708 Engrossed -707- LRB9203186EGfg 1 agencies. In this Section, "law enforcement agency" 2 means an agency of the State or a unit of local 3 government which is vested by law or ordinance with the 4 duty to maintain public order and to enforce criminal 5 laws or ordinances. "Law enforcement agency" also means 6 the Attorney General or any state's attorney. 7 (2) No fee provided herein shall be charged to any 8 unit of local government or school district. 9 (3) The fee requirements of this Section shall not 10 apply to any action instituted under subsection (b) of 11 Section 11-31-1 of the Illinois Municipal Code by a 12 private owner or tenant of real property within 1200 feet 13 of a dangerous or unsafe building seeking an order 14 compelling the owner or owners of the building to take 15 any of the actions authorized under that subsection. 16 (ee) Adoptions. 17 (1) For an adoption.............................$65 18 (2) Upon good cause shown, the court may waive the 19 adoption filing fee in a special needs adoption. The 20 term "special needs adoption" shall have the meaning 21 ascribed to it by the Illinois Department of Children and 22 Family Services. 23 (ff) Adoption exemptions. 24 No fee other than that set forth in subsection (ee) 25 shall be charged to any person in connection with an 26 adoption proceeding. 27 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 28 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.) 29 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2) 30 Sec. 27.2. The fees of the clerks of the circuit court 31 in all counties having a population in excess of 650,000 32 inhabitants but less than 3,000,000 inhabitants in the 33 instances described in this Section shall be as provided in HB0708 Engrossed -708- LRB9203186EGfg 1 this Section. In addition, the fees provided in this Section 2 shall apply to all units of local government and school 3 districts in counties with more than 3,000,000 inhabitants. 4 The fees shall be paid in advance and shall be as follows: 5 (a) Civil Cases. 6 The fee for filing a complaint, petition, or other 7 pleading initiating a civil action, with the following 8 exceptions, shall be $150. 9 (A) When the amount of money or damages or the 10 value of personal property claimed does not exceed 11 $250, $10. 12 (B) When that amount exceeds $250 but does not 13 exceed $500, $20. 14 (C) When that amount exceeds $500 but does not 15 exceed $2500, $30. 16 (D) When that amount exceeds $2500 but does 17 not exceed $15,000, $75. 18 (E) For the exercise of eminent domain, $150. 19 For each additional lot or tract of land or right or 20 interest therein subject to be condemned, the 21 damages in respect to which shall require separate 22 assessment by a jury, $150. 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 HB0708 Engrossed -709- LRB9203186EGfg 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, HB0708 Engrossed -710- LRB9203186EGfg 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. HB0708 Engrossed -711- LRB9203186EGfg 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. 7 The Clerk shall not charge any new or additional fee for 8 the reinstatement. Upon reinstatement the Clerk shall 9 advise the parties of the reinstatement. A party shall 10 have the same right to a jury trial on remand and 11 reinstatement as he or she had before the appeal, and no 12 additional or new fee or charge shall be made for a jury 13 trial after 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 HB0708 Engrossed -712- LRB9203186EGfg 1 Health and Developmental Disabilities Code, $25. 2 (q) Alias Summons. 3 For each alias summons or citation issued by the 4 clerk, $4. 5 (r) Other Fees. 6 Any fees not covered in this Section shall be set by 7 rule or administrative order of the Circuit Court with 8 the approval of the Administrative Office of the Illinois 9 Courts. 10 The clerk of the circuit court may provide 11 additional services for which there is no fee specified 12 by statute in connection with the operation of the 13 clerk's office as may be requested by the public and 14 agreed to by the clerk and approved by the chief judge of 15 the circuit court. Any charges for additional services 16 shall be as agreed to between the clerk and the party 17 making the request and approved by the chief judge of the 18 circuit court. Nothing in this subsection shall be 19 construed to require any clerk to provide any service not 20 otherwise required by law. 21 (s) Jury Services. 22 The clerk shall be entitled to receive, in addition 23 to other fees allowed by law, the sum of $192.50, as a 24 fee for the services of a jury in every civil action not 25 quasi-criminal in its nature and not a proceeding for the 26 exercise of the right of eminent domain and in every 27 other action wherein the right of trial by jury is or may 28 be given by law. The jury fee shall be paid by the party 29 demanding a jury at the time of filing the jury demand. 30 If the fee is not paid by either party, no jury shall be 31 called in the action or proceeding, and the same shall be 32 tried by the court without a jury. 33 (t) Voluntary Assignment. 34 For filing each deed of voluntary assignment, $10; HB0708 Engrossed -713- LRB9203186EGfg 1 for recording the same, 25¢ for each 100 words. 2 Exceptions filed to claims presented to an assignee of a 3 debtor who has made a voluntary assignment for the 4 benefit of creditors shall be considered and treated, for 5 the purpose of taxing costs therein, as actions in which 6 the party or parties filing the exceptions shall be 7 considered as party or parties plaintiff, and the 8 claimant or claimants as party or parties defendant, and 9 those parties respectively shall pay to the clerk the 10 same fees as provided by this Section to be paid in other 11 actions. 12 (u) Expungement Petition. 13 The clerk shall be entitled to receive a fee of $30 14 for each expungement petition filed and an additional fee 15 of $2 for each certified copy of an order to expunge 16 arrest records. 17 (v) Probate. 18 The clerk is entitled to receive the fees specified in 19 this subsection (v), which shall be paid in advance, except 20 that, for good cause shown, the court may suspend, reduce, or 21 release the costs payable under this subsection: 22 (1) For administration of the estate of a decedent 23 (whether testate or intestate) or of a missing person, 24 $100, plus the fees specified in subsection (v)(3), 25 except: 26 (A) When the value of the real and personal 27 property does not exceed $15,000, the fee shall be 28 $25. 29 (B) When (i) proof of heirship alone is made, 30 (ii) a domestic or foreign will is admitted to 31 probate without administration (including proof of 32 heirship), or (iii) letters of office are issued for 33 a particular purpose without administration of the 34 estate, the fee shall be $25. HB0708 Engrossed -714- LRB9203186EGfg 1 (2) For administration of the estate of a ward, 2 $50, plus the fees specified in subsection (v)(3), 3 except: 4 (A) When the value of the real and personal 5 property does not exceed $15,000, the fee shall be 6 $25. 7 (B) When (i) letters of office are issued to a 8 guardian of the person or persons, but not of the 9 estate or (ii) letters of office are issued in the 10 estate of a ward without administration of the 11 estate, including filing or joining in the filing of 12 a tax return or releasing a mortgage or consenting 13 to the marriage of the ward, the fee shall be $10. 14 (3) In addition to the fees payable under 15 subsection (v)(1) or (v)(2) of this Section, the 16 following fees are payable: 17 (A) For each account (other than one final 18 account) filed in the estate of a decedent, or ward, 19 $15. 20 (B) For filing a claim in an estate when the 21 amount claimed is $150 or more but less than $500, 22 $10; when the amount claimed is $500 or more but 23 less than $10,000, $25; when the amount claimed is 24 $10,000 or more, $40; provided that the court in 25 allowing a claim may add to the amount allowed the 26 filing fee paid by the claimant. 27 (C) For filing in an estate a claim, petition, 28 or supplemental proceeding based upon an action 29 seeking equitable relief including the construction 30 or contest of a will, enforcement of a contract to 31 make a will, and proceedings involving testamentary 32 trusts or the appointment of testamentary trustees, 33 $40. 34 (D) For filing in an estate (i) the appearance HB0708 Engrossed -715- LRB9203186EGfg 1 of any person for the purpose of consent or (ii) the 2 appearance of an executor, administrator, 3 administrator to collect, guardian, guardian ad 4 litem, or special administrator, no fee. 5 (E) Except as provided in subsection 6 (v)(3)(D), for filing the appearance of any person 7 or persons, $10. 8 (F) For each jury demand, $102.50. 9 (G) For disposition of the collection of a 10 judgment or settlement of an action or claim for 11 wrongful death of a decedent or of any cause of 12 action of a ward, when there is no other 13 administration of the estate, $30, less any amount 14 paid under subsection (v)(1)(B) or (v)(2)(B) except 15 that if the amount involved does not exceed $5,000, 16 the fee, including any amount paid under subsection 17 (v)(1)(B) or (v)(2)(B), shall be $10. 18 (H) For each certified copy of letters of 19 office, of court order or other certification, $1, 20 plus 50¢ per page in excess of 3 pages for the 21 document certified. 22 (I) For each exemplification, $1, plus the fee 23 for certification. 24 (4) The executor, administrator, guardian, 25 petitioner, or other interested person or his or her 26 attorney shall pay the cost of publication by the clerk 27 directly to the newspaper. 28 (5) The person on whose behalf a charge is incurred 29 for witness, court reporter, appraiser, or other 30 miscellaneous fee shall pay the same directly to the 31 person entitled thereto. 32 (6) The executor, administrator, guardian, 33 petitioner, or other interested person or his attorney 34 shall pay to the clerk all postage charges incurred by HB0708 Engrossed -716- LRB9203186EGfg 1 the clerk in mailing petitions, orders, notices, or other 2 documents pursuant to the provisions of the Probate Act 3 of 1975. 4 (w) Criminal and Quasi-Criminal Costs and Fees. 5 (1) The clerk shall be entitled to costs in all 6 criminal and quasi-criminal cases from each person 7 convicted or sentenced to supervision therein as follows: 8 (A) Felony complaints, $80. 9 (B) Misdemeanor complaints, $50. 10 (C) Business offense complaints, $50. 11 (D) Petty offense complaints, $50. 12 (E) Minor traffic or ordinance violations, 13 $20. 14 (F) When court appearance required, $30. 15 (G) Motions to vacate or amend final orders, 16 $20. 17 (H) Motions to vacate bond forfeiture orders, 18 $20. 19 (I) Motions to vacate ex parte judgments, 20 whenever filed, $20. 21 (J) Motions to vacate judgment on forfeitures, 22 whenever filed, $20. 23 (K) Motions to vacate "failure to appear" or 24 "failure to comply" notices sent to the Secretary of 25 State, $20. 26 (2) In counties having a population of more than 27 650,000 but fewer than 3,000,000 inhabitants, when the 28 violation complaint is issued by a municipal police 29 department, the clerk shall be entitled to costs from 30 each person convicted therein as follows: 31 (A) Minor traffic or ordinance violations, 32 $10. 33 (B) When court appearance required, $15. 34 (3) In ordinance violation cases punishable by fine HB0708 Engrossed -717- LRB9203186EGfg 1 only, the clerk of the circuit court shall be entitled to 2 receive, unless the fee is excused upon a finding by the 3 court that the defendant is indigent, in addition to 4 other fees or costs allowed or imposed by law, the sum of 5 $50 as a fee for the services of a jury. The jury fee 6 shall be paid by the defendant at the time of filing his 7 or her jury demand. If the fee is not so paid by the 8 defendant, no jury shall be called, and the case shall be 9 tried by the court without a jury. 10 (x) Transcripts of Judgment. 11 For the filing of a transcript of judgment, the 12 clerk shall be entitled to the same fee as if it were the 13 commencement of new suit. 14 (y) Change of Venue. 15 (1) For the filing of a change of case on a change 16 of venue, the clerk shall be entitled to the same fee as 17 if it were the commencement of a new suit. 18 (2) The fee for the preparation and certification 19 of a record on a change of venue to another jurisdiction, 20 when original documents are forwarded, $25. 21 (z) Tax objection complaints. 22 For each tax objection complaint containing one or 23 more tax objections, regardless of the number of parcels 24 involved or the number of taxpayers joining in the 25 complaint, $25. 26 (aa) Tax Deeds. 27 (1) Petition for tax deed, if only one parcel is 28 involved, $150. 29 (2) For each additional parcel, add a fee of $50. 30 (bb) Collections. 31 (1) For all collections made of others, except the 32 State and county and except in maintenance or child 33 support cases, a sum equal to 2.5% of the amount 34 collected and turned over. HB0708 Engrossed -718- LRB9203186EGfg 1 (2) Interest earned on any funds held by the clerk 2 shall be turned over to the county general fund as an 3 earning of the office. 4 (3) For any check, draft, or other bank instrument 5 returned to the clerk for non-sufficient funds, account 6 closed, or payment stopped, $25. 7 (4) In child support and maintenance cases, the 8 clerk, if authorized by an ordinance of the county board, 9 may collect an annual fee of up to $36 from the person 10 making payment for maintaining child support records and 11 the processing of support orders to the State of Illinois 12 KIDS system and the recording of payments issued by the 13 State Disbursement Unit for the official record of the 14 Court. This fee shall be in addition to and separate from 15 amounts ordered to be paid as maintenance or child 16 support and shall be deposited into a Separate 17 Maintenance and Child Support Collection Fund, of which 18 the clerk shall be the custodian, ex-officio, to be used 19 by the clerk to maintain child support orders and record 20 all payments issued by the State Disbursement Unit for 21 the official record of the Court. The clerk may recover 22 from the person making the maintenance or child support 23 payment any additional cost incurred in the collection of 24 this annual fee. 25 The clerk shall also be entitled to a fee of $5 for 26 certifications made to the Secretary of State as provided 27 in Section 7-703 of the Family Financial Responsibility 28 Law and these fees shall also be deposited into the 29 Separate Maintenance and Child Support Collection Fund. 30 (cc) Corrections of Numbers. 31 For correction of the case number, case title, or 32 attorney computer identification number, if required by 33 rule of court, on any document filed in the clerk's 34 office, to be charged against the party that filed the HB0708 Engrossed -719- LRB9203186EGfg 1 document, $15. 2 (dd) Exceptions. 3 The fee requirements of this Section shall not apply 4 to police departments or other law enforcement agencies. 5 In this Section, "law enforcement agency" means an agency 6 of the State or a unit of local government which is 7 vested by law or ordinance with the duty to maintain 8 public order and to enforce criminal laws or ordinances. 9 "Law enforcement agency" also means the Attorney General 10 or any state's attorney. The fee requirements of this 11 Section shall not apply to any action instituted under 12 subsection (b) of Section 11-31-1 of the Illinois 13 Municipal Code by a private owner or tenant of real 14 property within 1200 feet of a dangerous or unsafe 15 building seeking an order compelling the owner or owners 16 of the building to take any of the actions authorized 17 under that subsection. 18 (ee) Adoptions. 19 (1) For an adoption.............................$65 20 (2) Upon good cause shown, the court may waive the 21 adoption filing fee in a special needs adoption. The 22 term "special needs adoption" shall have the meaning 23 ascribed to it by the Illinois Department of Children and 24 Family Services. 25 (ff) Adoption exemptions. 26 No fee other than that set forth in subsection (ee) 27 shall be charged to any person in connection with an 28 adoption proceeding. 29 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 30 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.) 31 Section 87. The Juvenile Court Act of 1987 is amended by 32 changing Sections 5-130 and 5-615 and by setting forth and 33 renumbering multiple versions of Section 5-160 as follows: HB0708 Engrossed -720- LRB9203186EGfg 1 (705 ILCS 405/5-130) 2 Sec. 5-130. Excluded jurisdiction. 3 (1) (a) The definition of delinquent minor under Section 4 5-120 of this Article shall not apply to any minor who at the 5 time of an offense was at least 15 years of age and who is 6 charged with first degree murder, aggravated criminal sexual 7 assault, aggravated battery with a firearm committed in a 8 school, on the real property comprising a school, within 9 1,000 feet of the real property comprising a school, at a 10 school related activity, or on, boarding, or departing from 11 any conveyance owned, leased, or contracted by a school or 12 school district to transport students to or from school or a 13 school related activity regardless of the time of day or time 14 of year that the offense was committed, armed robbery when 15 the armed robbery was committed with a firearm, or aggravated 16 vehicular hijacking when the hijacking was committed with a 17 firearm. 18 These charges and all other charges arising out of the 19 same incident shall be prosecuted under the criminal laws of 20 this State. 21 For purposes of this paragraph (a) of subsection (l): 22 "School" means a public or private elementary or 23 secondary school, community college, college, or university. 24 "School related activity" means any sporting, social, 25 academic or other activity for which students' attendance or 26 participation is sponsored, organized, or funded in whole or 27 in part by a school or school district. 28 (b) (i) If before trial or plea an information or 29 indictment is filed that does not charge an offense specified 30 in paragraph (a) of this subsection (1) the State's Attorney 31 may proceed on any lesser charge or charges, but only in 32 Juvenile Court under the provisions of this Article. The 33 State's Attorney may proceed under the Criminal Code of 1961 34 on a lesser charge if before trial the minor defendant HB0708 Engrossed -721- LRB9203186EGfg 1 knowingly and with advice of counsel waives, in writing, his 2 or her right to have the matter proceed in Juvenile Court. 3 (ii) If before trial or plea an information or 4 indictment is filed that includes one or more charges 5 specified in paragraph (a) of this subsection (1) and 6 additional charges that are not specified in that paragraph, 7 all of the charges arising out of the same incident shall be 8 prosecuted under the Criminal Code of 1961. 9 (c) (i) If after trial or plea the minor is convicted of 10 any offense covered by paragraph (a) of this subsection (1), 11 then, in sentencing the minor, the court shall have available 12 any or all dispositions prescribed for that offense under 13 Chapter V of the Unified Code of Corrections. 14 (ii) If after trial or plea the court finds that the 15 minor committed an offense not covered by paragraph (a) of 16 this subsection (1), that finding shall not invalidate the 17 verdict or the prosecution of the minor under the criminal 18 laws of the State; however, unless the State requests a 19 hearing for the purpose of sentencing the minor under Chapter 20 V of the Unified Code of Corrections, the Court must proceed 21 under Sections 5-705 and 5-710 of this Article. To request a 22 hearing, the State must file a written motion within 10 days 23 following the entry of a finding or the return of a verdict. 24 Reasonable notice of the motion shall be given to the minor 25 or his or her counsel. If the motion is made by the State, 26 the court shall conduct a hearing to determine if the minor 27 should be sentenced under Chapter V of the Unified Code of 28 Corrections. In making its determination, the court shall 29 consider among other matters: (a) whether there is evidence 30 that the offense was committed in an aggressive and 31 premeditated manner; (b) the age of the minor; (c) the 32 previous history of the minor; (d) whether there are 33 facilities particularly available to the Juvenile Court or 34 the Department of Corrections, Juvenile Division, for the HB0708 Engrossed -722- LRB9203186EGfg 1 treatment and rehabilitation of the minor; (e) whether the 2 security of the public requires sentencing under Chapter V of 3 the Unified Code of Corrections; and (f) whether the minor 4 possessed a deadly weapon when committing the offense. The 5 rules of evidence shall be the same as if at trial. If after 6 the hearing the court finds that the minor should be 7 sentenced under Chapter V of the Unified Code of Corrections, 8 then the court shall sentence the minor accordingly having 9 available to it any or all dispositions so prescribed. 10 (2) (a) The definition of a delinquent minor under 11 Section 5-120 of this Article shall not apply to any minor 12 who at the time of the offense was at least 15 years of age 13 and who is charged with an offense under Section 401 of the 14 Illinois Controlled Substances Act, while in a school, 15 regardless of the time of day or the time of year, or any 16 conveyance owned, leased or contracted by a school to 17 transport students to or from school or a school related 18 activity, or residential property owned, operated or managed 19 by a public housing agency or leased by a public housing 20 agency as part of a scattered site or mixed-income 21 development, on the real property comprising any school, 22 regardless of the time of day or the time of year, or 23 residential property owned, operated or managed by a public 24 housing agency or leased by a public housing agency as part 25 of a scattered site or mixed-income development, or on a 26 public way within 1,000 feet of the real property comprising 27 any school, regardless of the time of day or the time of 28 year, or residential property owned, operated or managed by a 29 public housing agency or leased by a public housing agency as 30 part of a scattered site or mixed-income development. School 31 is defined, for the purposes of this Section, as any public 32 or private elementary or secondary school, community college, 33 college, or university. These charges and all other charges 34 arising out of the same incident shall be prosecuted under HB0708 Engrossed -723- LRB9203186EGfg 1 the criminal laws of this State. 2 (b) (i) If before trial or plea an information or 3 indictment is filed that does not charge an offense specified 4 in paragraph (a) of this subsection (2) the State's Attorney 5 may proceed on any lesser charge or charges, but only in 6 Juvenile Court under the provisions of this Article. The 7 State's Attorney may proceed under the criminal laws of this 8 State on a lesser charge if before trial the minor defendant 9 knowingly and with advice of counsel waives, in writing, his 10 or her right to have the matter proceed in Juvenile Court. 11 (ii) If before trial or plea an information or 12 indictment is filed that includes one or more charges 13 specified in paragraph (a) of this subsection (2) and 14 additional charges that are not specified in that paragraph, 15 all of the charges arising out of the same incident shall be 16 prosecuted under the criminal laws of this State. 17 (c) (i) If after trial or plea the minor is convicted of 18 any offense covered by paragraph (a) of this subsection (2), 19 then, in sentencing the minor, the court shall have available 20 any or all dispositions prescribed for that offense under 21 Chapter V of the Unified Code of Corrections. 22 (ii) If after trial or plea the court finds that the 23 minor committed an offense not covered by paragraph (a) of 24 this subsection (2), that finding shall not invalidate the 25 verdict or the prosecution of the minor under the criminal 26 laws of the State; however, unless the State requests a 27 hearing for the purpose of sentencing the minor under Chapter 28 V of the Unified Code of Corrections, the Court must proceed 29 under Sections 5-705 and 5-710 of this Article. To request a 30 hearing, the State must file a written motion within 10 days 31 following the entry of a finding or the return of a verdict. 32 Reasonable notice of the motion shall be given to the minor 33 or his or her counsel. If the motion is made by the State, 34 the court shall conduct a hearing to determine if the minor HB0708 Engrossed -724- LRB9203186EGfg 1 should be sentenced under Chapter V of the Unified Code of 2 Corrections. In making its determination, the court shall 3 consider among other matters: (a) whether there is evidence 4 that the offense was committed in an aggressive and 5 premeditated manner; (b) the age of the minor; (c) the 6 previous history of the minor; (d) whether there are 7 facilities particularly available to the Juvenile Court or 8 the Department of Corrections, Juvenile Division, for the 9 treatment and rehabilitation of the minor; (e) whether the 10 security of the public requires sentencing under Chapter V of 11 the Unified Code of Corrections; and (f) whether the minor 12 possessed a deadly weapon when committing the offense. The 13 rules of evidence shall be the same as if at trial. If after 14 the hearing the court finds that the minor should be 15 sentenced under Chapter V of the Unified Code of Corrections, 16 then the court shall sentence the minor accordingly having 17 available to it any or all dispositions so prescribed. 18 (3) (a) The definition of delinquent minor under Section 19 5-120 of this Article shall not apply to any minor who at the 20 time of the offense was at least 15 years of age and who is 21 charged with a violation of the provisions of paragraph (1), 22 (3), (4), or (10) of subsection (a) of Section 24-1 of the 23 Criminal Code of 1961 while in school, regardless of the time 24 of day or the time of year, or on the real property 25 comprising any school, regardless of the time of day or the 26 time of year. School is defined, for purposes of this 27 Section as any public or private elementary or secondary 28 school, community college, college, or university. These 29 charges and all other charges arising out of the same 30 incident shall be prosecuted under the criminal laws of this 31 State. 32 (b) (i) If before trial or plea an information or 33 indictment is filed that does not charge an offense specified 34 in paragraph (a) of this subsection (3) the State's Attorney HB0708 Engrossed -725- LRB9203186EGfg 1 may proceed on any lesser charge or charges, but only in 2 Juvenile Court under the provisions of this Article. The 3 State's Attorney may proceed under the criminal laws of this 4 State on a lesser charge if before trial the minor defendant 5 knowingly and with advice of counsel waives, in writing, his 6 or her right to have the matter proceed in Juvenile Court. 7 (ii) If before trial or plea an information or 8 indictment is filed that includes one or more charges 9 specified in paragraph (a) of this subsection (3) and 10 additional charges that are not specified in that paragraph, 11 all of the charges arising out of the same incident shall be 12 prosecuted under the criminal laws of this State. 13 (c) (i) If after trial or plea the minor is convicted of 14 any offense covered by paragraph (a) of this subsection (3), 15 then, in sentencing the minor, the court shall have available 16 any or all dispositions prescribed for that offense under 17 Chapter V of the Unified Code of Corrections. 18 (ii) If after trial or plea the court finds that the 19 minor committed an offense not covered by paragraph (a) of 20 this subsection (3), that finding shall not invalidate the 21 verdict or the prosecution of the minor under the criminal 22 laws of the State; however, unless the State requests a 23 hearing for the purpose of sentencing the minor under Chapter 24 V of the Unified Code of Corrections, the Court must proceed 25 under Sections 5-705 and 5-710 of this Article. To request a 26 hearing, the State must file a written motion within 10 days 27 following the entry of a finding or the return of a verdict. 28 Reasonable notice of the motion shall be given to the minor 29 or his or her counsel. If the motion is made by the State, 30 the court shall conduct a hearing to determine if the minor 31 should be sentenced under Chapter V of the Unified Code of 32 Corrections. In making its determination, the court shall 33 consider among other matters: (a) whether there is evidence 34 that the offense was committed in an aggressive and HB0708 Engrossed -726- LRB9203186EGfg 1 premeditated manner; (b) the age of the minor; (c) the 2 previous history of the minor; (d) whether there are 3 facilities particularly available to the Juvenile Court or 4 the Department of Corrections, Juvenile Division, for the 5 treatment and rehabilitation of the minor; (e) whether the 6 security of the public requires sentencing under Chapter V of 7 the Unified Code of Corrections; and (f) whether the minor 8 possessed a deadly weapon when committing the offense. The 9 rules of evidence shall be the same as if at trial. If after 10 the hearing the court finds that the minor should be 11 sentenced under Chapter V of the Unified Code of Corrections, 12 then the court shall sentence the minor accordingly having 13 available to it any or all dispositions so prescribed. 14 (4) (a) The definition of delinquent minor under Section 15 5-120 of this Article shall not apply to any minor who at the 16 time of an offense was at least 13 years of age and who is 17 charged with first degree murder committed during the course 18 of either aggravated criminal sexual assault, criminal sexual 19 assault, or aggravated kidnaping. However, this subsection 20 (4) does not include a minor charged with first degree murder 21 based exclusively upon the accountability provisions of the 22 Criminal Code of 1961. 23 (b) (i) If before trial or plea an information or 24 indictment is filed that does not charge first degree murder 25 committed during the course of aggravated criminal sexual 26 assault, criminal sexual assault, or aggravated kidnaping, 27 the State's Attorney may proceed on any lesser charge or 28 charges, but only in Juvenile Court under the provisions of 29 this Article. The State's Attorney may proceed under the 30 criminal laws of this State on a lesser charge if before 31 trial the minor defendant knowingly and with advice of 32 counsel waives, in writing, his or her right to have the 33 matter proceed in Juvenile Court. 34 (ii) If before trial or plea an information or HB0708 Engrossed -727- LRB9203186EGfg 1 indictment is filed that includes first degree murder 2 committed during the course of aggravated criminal sexual 3 assault, criminal sexual assault, or aggravated kidnaping, 4 and additional charges that are not specified in paragraph 5 (a) of this subsection, all of the charges arising out of the 6 same incident shall be prosecuted under the criminal laws of 7 this State. 8 (c) (i) If after trial or plea the minor is convicted of 9 first degree murder committed during the course of aggravated 10 criminal sexual assault, criminal sexual assault, or 11 aggravated kidnaping, in sentencing the minor, the court 12 shall have available any or all dispositions prescribed for 13 that offense under Chapter V of the Unified Code of 14 Corrections. 15 (ii) If the minor was not yet 15 years of age at the 16 time of the offense, and if after trial or plea the court 17 finds that the minor committed an offense other than first 18 degree murder committed during the course of either 19 aggravated criminal sexual assault, criminal sexual assault, 20 or aggravated kidnapping, the finding shall not invalidate 21 the verdict or the prosecution of the minor under the 22 criminal laws of the State; however, unless the State 23 requests a hearing for the purpose of sentencing the minor 24 under Chapter V of the Unified Code of Corrections, the Court 25 must proceed under Sections 5-705 and 5-710 of this Article. 26 To request a hearing, the State must file a written motion 27 within 10 days following the entry of a finding or the return 28 of a verdict. Reasonable notice of the motion shall be given 29 to the minor or his or her counsel. If the motion is made by 30 the State, the court shall conduct a hearing to determine 31 whether the minor should be sentenced under Chapter V of the 32 Unified Code of Corrections. In making its determination, 33 the court shall consider among other matters: (a) whether 34 there is evidence that the offense was committed in an HB0708 Engrossed -728- LRB9203186EGfg 1 aggressive and premeditated manner; (b) the age of the 2 minor; (c) the previous delinquent history of the minor; 3 (d) whether there are facilities particularly available to 4 the Juvenile Court or the Department of Corrections, Juvenile 5 Division, for the treatment and rehabilitation of the minor; 6 (e) whether the best interest of the minor and the security 7 of the public require sentencing under Chapter V of the 8 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 (5) (a) The definition of delinquent minor under Section 16 5-120 of this Article shall not apply to any minor who is 17 charged with a violation of subsection (a) of Section 31-6 or 18 Section 32-10 of the Criminal Code of 1961 when the minor is 19 subject to prosecution under the criminal laws of this State 20 as a result of the application of the provisions of Section 21 5-125, or subsection (1) or (2) of this Section. These 22 charges and all other charges arising out of the same 23 incident shall be prosecuted under the criminal laws of this 24 State. 25 (b) (i) If before trial or plea an information or 26 indictment is filed that does not charge an offense specified 27 in paragraph (a) of this subsection (5), the State's Attorney 28 may proceed on any lesser charge or charges, but only in 29 Juvenile Court under the provisions of this Article. The 30 State's Attorney may proceed under the criminal laws of this 31 State on a lesser charge if before trial the minor defendant 32 knowingly and with advice of counsel waives, in writing, his 33 or her right to have the matter proceed in Juvenile Court. 34 (ii) If before trial or plea an information or HB0708 Engrossed -729- LRB9203186EGfg 1 indictment is filed that includes one or more charges 2 specified in paragraph (a) of this subsection (5) and 3 additional charges that are not specified in that paragraph, 4 all of the charges arising out of the same incident shall be 5 prosecuted under the criminal laws of this State. 6 (c) (i) If after trial or plea the minor is convicted of 7 any offense covered by paragraph (a) of this subsection (5), 8 then, in sentencing the minor, the court shall have available 9 any or all dispositions prescribed for that offense under 10 Chapter V of the Unified Code of Corrections. 11 (ii) If after trial or plea the court finds that the 12 minor committed an offense not covered by paragraph (a) of 13 this subsection (5), the conviction shall not invalidate the 14 verdict or the prosecution of the minor under the criminal 15 laws of this State; however, unless the State requests a 16 hearing for the purpose of sentencing the minor under Chapter 17 V of the Unified Code of Corrections, the Court must proceed 18 under Sections 5-705 and 5-710 of this Article. To request a 19 hearing, the State must file a written motion within 10 days 20 following the entry of a finding or the return of a verdict. 21 Reasonable notice of the motion shall be given to the minor 22 or his or her counsel. If the motion is made by the State, 23 the court shall conduct a hearing to determine if whether the 24 minor should be sentenced under Chapter V of the Unified Code 25 of Corrections. In making its determination, the court shall 26 consider among other matters: (a) whether there is evidence 27 that the offense was committed in an aggressive and 28 premeditated manner; (b) the age of the minor; (c) the 29 previous delinquent history of the minor; (d) whether there 30 are facilities particularly available to the Juvenile Court 31 or the Department of Corrections, Juvenile Division, for the 32 treatment and rehabilitation of the minor; (e) whether the 33 security of the public requires sentencing under Chapter V of 34 the Unified Code of Corrections; and (f) whether the minor HB0708 Engrossed -730- LRB9203186EGfg 1 possessed a deadly weapon when committing the offense. The 2 rules of evidence shall be the same as if at trial. If after 3 the hearing the court finds that the minor should be 4 sentenced under Chapter V of the Unified Code of Corrections, 5 then the court shall sentence the minor accordingly having 6 available to it any or all dispositions so prescribed. 7 (6) The definition of delinquent minor under Section 8 5-120 of this Article shall not apply to any minor who, 9 pursuant to subsection (1), (2), or (3) or Section 5-805, or 10 5-810, has previously been placed under the jurisdiction of 11 the criminal court and has been convicted of a crime under an 12 adult criminal or penal statute. Such a minor shall be 13 subject to prosecution under the criminal laws of this State. 14 (7) The procedures set out in this Article for the 15 investigation, arrest and prosecution of juvenile offenders 16 shall not apply to minors who are excluded from jurisdiction 17 of the Juvenile Court, except that minors under 17 years of 18 age shall be kept separate from confined adults. 19 (8) Nothing in this Act prohibits or limits the 20 prosecution of any minor for an offense committed on or after 21 his or her 17th birthday even though he or she is at the time 22 of the offense a ward of the court. 23 (9) If an original petition for adjudication of wardship 24 alleges the commission by a minor 13 years of age or over of 25 an act that constitutes a crime under the laws of this State, 26 the minor, with the consent of his or her counsel, may, at 27 any time before commencement of the adjudicatory hearing, 28 file with the court a motion that criminal prosecution be 29 ordered and that the petition be dismissed insofar as the act 30 or acts involved in the criminal proceedings are concerned. 31 If such a motion is filed as herein provided, the court shall 32 enter its order accordingly. 33 (Source: P.A. 90-590, eff. 1-1-99; 91-15, eff. 1-1-00; 34 91-673, eff. 12-22-99; revised 1-7-00.) HB0708 Engrossed -731- LRB9203186EGfg 1 (705 ILCS 405/5-160) 2 Sec. 5-160. Liability for injury, loss, or tortious 3 acts. Neither the State or any unit of local government, 4 probation department, or public or community service program 5 or site, nor any official, volunteer, or employee of the 6 State or a unit of local government, probation department, 7 public or community service program or site acting in the 8 course of his or her official duties shall be liable for any 9 injury or loss a person might receive while performing public 10 or community service as ordered either (1) by the court or 11 (2) by any duly authorized station adjustment or probation 12 adjustment, teen court, community mediation, or other 13 administrative diversion program authorized by this Act for a 14 violation of a penal statute of this State or a local 15 government ordinance (whether penal, civil, or 16 quasi-criminal) or for a traffic offense, nor shall they be 17 liable for any tortious acts of any person performing public 18 or community service, except for wilful, wanton misconduct or 19 gross negligence on the part of the governmental unit, 20 probation department, or public or community service program 21 or site or on the part of the official, volunteer, or 22 employee. 23 (Source: P.A. 91-820, eff. 6-13-00.) 24 (705 ILCS 405/5-170) 25 Sec. 5-170.5-160.Representation by counsel. In a 26 proceeding under this Article, a minor who was under 13 years 27 of age at the time of the commission of an act that if 28 committed by an adult would be a violation of Section 9-1, 29 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 12-13, 12-14, 12-14.1, 30 12-15, or 12-16 of the Criminal Code of 1961 must be 31 represented by counsel during the entire custodial 32 interrogation of the minor. 33 (Source: P.A. 91-915, eff. 1-1-01; revised 9-5-00.) HB0708 Engrossed -732- LRB9203186EGfg 1 (705 ILCS 405/5-615) 2 Sec. 5-615. Continuance under supervision. 3 (1) The court may enter an order of continuance under 4 supervision for an offense other than first degree murder, a 5 Class X felony or a forcible felony (a) upon an admission or 6 stipulation by the appropriate respondent or minor respondent 7 of the facts supporting the petition and before proceeding to 8 adjudication, or after hearing the evidence at the trial, and 9 (b) in the absence of objection made in open court by the 10 minor, his or her parent, guardian, or legal custodian, the 11 minor's attorney or the State's Attorney. 12 (2) If the minor, his or her parent, guardian, or legal 13 custodian, the minor's attorney or State's Attorney objects 14 in open court to any continuance and insists upon proceeding 15 to findings and adjudication, the court shall so proceed. 16 (3) Nothing in this Section limits the power of the 17 court to order a continuance of the hearing for the 18 production of additional evidence or for any other proper 19 reason. 20 (4) When a hearing where a minor is alleged to be a 21 delinquent is continued pursuant to this Section, the period 22 of continuance under supervision may not exceed 24 months. 23 The court may terminate a continuance under supervision at 24 any time if warranted by the conduct of the minor and the 25 ends of justice. 26 (5) When a hearing where a minor is alleged to be 27 delinquent is continued pursuant to this Section, the court 28 may, as conditions of the continuance under supervision, 29 require the minor to do any of the following: 30 (a) not violate any criminal statute of any 31 jurisdiction; 32 (b) make a report to and appear in person before 33 any person or agency as directed by the court; 34 (c) work or pursue a course of study or vocational HB0708 Engrossed -733- LRB9203186EGfg 1 training; 2 (d) undergo medical or psychotherapeutic treatment 3 rendered by a therapist licensed under the provisions of 4 the Medical Practice Act of 1987, the Clinical 5 Psychologist Licensing Act, or the Clinical Social Work 6 and Social Work Practice Act, or an entity licensed by 7 the Department of Human Services as a successor to the 8 Department of Alcoholism and Substance Abuse, for the 9 provision of drug addiction and alcoholism treatment; 10 (e) attend or reside in a facility established for 11 the instruction or residence of persons on probation; 12 (f) support his or her dependents, if any; 13 (g) pay costs; 14 (h) refrain from possessing a firearm or other 15 dangerous weapon, or an automobile; 16 (i) permit the probation officer to visit him or 17 her at his or her home or elsewhere; 18 (j) reside with his or her parents or in a foster 19 home; 20 (k) attend school; 21 (l) attend a non-residential program for youth; 22 (m) contribute to his or her own support at home or 23 in a foster home; 24 (n) perform some reasonable public or community 25 service; 26 (o) make restitution to the victim, in the same 27 manner and under the same conditions as provided in 28 subsection (4) of Section 5-710, except that the 29 "sentencing hearing" referred to in that Section shall be 30 the adjudicatory hearing for purposes of this Section; 31 (p) comply with curfew requirements as designated 32 by the court; 33 (q) refrain from entering into a designated 34 geographic area except upon terms as the court finds HB0708 Engrossed -734- LRB9203186EGfg 1 appropriate. The terms may include consideration of the 2 purpose of the entry, the time of day, other persons 3 accompanying the minor, and advance approval by a 4 probation officer; 5 (r) refrain from having any contact, directly or 6 indirectly, with certain specified persons or particular 7 types of persons, including but not limited to members of 8 street gangs and drug users or dealers; 9 (r-5) undergo a medical or other procedure to have 10 a tattoo symbolizing allegiance to a street gang removed 11 from his or her body; 12 (s) refrain from having in his or her body the 13 presence of any illicit drug prohibited by the Cannabis 14 Control Act or the Illinois Controlled Substances Act, 15 unless prescribed by a physician, and submit samples of 16 his or her blood or urine or both for tests to determine 17 the presence of any illicit drug; or 18 (t) comply with any other conditions as may be 19 ordered by the court. 20 (6) A minor whose case is continued under supervision 21 under subsection (5) shall be given a certificate setting 22 forth the conditions imposed by the court. Those conditions 23 may be reduced, enlarged, or modified by the court on motion 24 of the probation officer or on its own motion, or that of the 25 State's Attorney, or, at the request of the minor after 26 notice and hearing. 27 (7) If a petition is filed charging a violation of a 28 condition of the continuance under supervision, the court 29 shall conduct a hearing. If the court finds that a condition 30 of supervision has not been fulfilled, the court may proceed 31 to findings and adjudication and disposition. The filing of 32 a petition for violation of a condition of the continuance 33 under supervision shall toll the period of continuance under 34 supervision until the final determination of the charge, and HB0708 Engrossed -735- LRB9203186EGfg 1 the term of the continuance under supervision shall not run 2 until the hearing and disposition of the petition for 3 violation; provided where the petition alleges conduct that 4 does not constitute a criminal offense, the hearing must be 5 held within 30 days of the filing of the petition unless a 6 delay shall continue the tolling of the period of continuance 7 under supervision for the period of the delay. 8 (8) When a hearing in which a minor is alleged to be a 9 delinquent for reasons that include a violation of Section 10 21-1.3 of the Criminal Code of 1961 is continued under this 11 Section, the court shall, as a condition of the continuance 12 under supervision, require the minor to perform community 13 service for not less than 30 and not more than 120 hours, if 14 community service is available in the jurisdiction. The 15 community service shall include, but need not be limited to, 16 the cleanup and repair of the damage that was caused by the 17 alleged violation or similar damage to property located in 18 the municipality or county in which the alleged violation 19 occurred. The condition may be in addition to any other 20 condition. 21 (9) When a hearing in which a minor is alleged to be a 22 delinquent is continued under this Section, the court, before 23 continuing the case, shall make a finding whether the offense 24 alleged to have been committed either: (i) was related to or 25 in furtherance of the activities of an organized gang or was 26 motivated by the minor's membership in or allegiance to an 27 organized gang, or (ii) is a violation of paragraph (13) of 28 subsection (a) of Section 12-2 of the Criminal Code of 1961, 29 a violation of any Section of Article 24 of the Criminal Code 30 of 1961, or a violation of any statute that involved the 31 unlawful use of a firearm. If the court determines the 32 question in the affirmative the court shall, as a condition 33 of the continuance under supervision and as part of or in 34 addition to any other condition of the supervision, require HB0708 Engrossed -736- LRB9203186EGfg 1 the minor to perform community service for not less than 30 2 hours, provided that community service is available in the 3 jurisdiction and is funded and approved by the county board 4 of the county where the offense was committed. The community 5 service shall include, but need not be limited to, the 6 cleanup and repair of any damage caused by an alleged 7 violation of Section 21-1.3 of the Criminal Code of 1961 and 8 similar damage to property located in the municipality or 9 county in which the alleged violation occurred. When 10 possible and reasonable, the community service shall be 11 performed in the minor's neighborhood. For the purposes of 12 this Section, "organized gang" has the meaning ascribed to it 13 in Section 10 of the Illinois Streetgang Terrorism Omnibus 14 Prevention Act. 15 (10) The court shall impose upon a minor placed on 16 supervision, as a condition of the supervision, a fee of $25 17 for each month of supervision ordered by the court, unless 18 after determining the inability of the minor placed on 19 supervision to pay the fee, the court assesses a lesser 20 amount. The court may not impose the fee on a minor who is 21 made a ward of the State under this Act while the minor is in 22 placement. The fee shall be imposed only upon a minor who is 23 actively supervised by the probation and court services 24 department. A court may order the parent, guardian, or legal 25 custodian of the minor to pay some or all of the fee on the 26 minor's behalf. 27 (Source: P.A. 90-590, eff. 1-1-99; 91-98; eff. 1-1-00; 28 91-332, eff. 7-29-99; revised 10-7-99.) 29 Section 88. The Criminal Code of 1961 is amended by 30 changing Sections 9-3, 11-15, 11-18, 11-20.1, 12-3.2, 12-4, 31 12-9, 12-14.1, 16-1, 17-2, 21-1.5, 26-1, 33C-5, and 33E-2 and 32 the heading to Article 20.5 and by changing and renumbering 33 multiple versions of Section 17-23 as follows: HB0708 Engrossed -737- LRB9203186EGfg 1 (720 ILCS 5/9-3) (from Ch. 38, par. 9-3) 2 Sec. 9-3. Involuntary Manslaughter and Reckless 3 Homicide. 4 (a) A person who unintentionally kills an individual 5 without lawful justification commits involuntary manslaughter 6 if his acts whether lawful or unlawful which cause the death 7 are such as are likely to cause death or great bodily harm to 8 some individual, and he performs them recklessly, except in 9 cases in which the cause of the death consists of the driving 10 of a motor vehicle or operating a snowmobile, all-terrain 11 vehicle, or watercraft, in which case the person commits 12 reckless homicide. 13 (b) In cases involving reckless homicide, being under 14 the influence of alcohol or any other drug or drugs at the 15 time of the alleged violation shall be presumed to be 16 evidence of a reckless act unless disproved by evidence to 17 the contrary. 18 (c) For the purposes of this Section, a person shall be 19 considered to be under the influence of alcohol or other 20 drugs while: 21 1. The alcohol concentration in the person's blood 22 or breath is 0.08 or more based on the definition of 23 blood and breath units in Section 11-501.2 of the 24 Illinois Vehicle Code; 25 2. Under the influence of alcohol to a degree that 26 renders the person incapable of safely driving a motor 27 vehicle or operating a snowmobile, all-terrain vehicle, 28 or watercraft; 29 3. Under the influence of any other drug or 30 combination of drugs to a degree that renders the person 31 incapable of safely driving a motor vehicle or operating 32 a snowmobile, all-terrain vehicle, or watercraft; or 33 4. Under the combined influence of alcohol and any 34 other drug or drugs to a degree which renders the person HB0708 Engrossed -738- LRB9203186EGfg 1 incapable of safely driving a motor vehicle or operating 2 a snowmobile, all-terrain vehicle, or watercraft. 3 (d) Sentence. 4 (1) Involuntary manslaughter is a Class 3 felony. 5 (2) Reckless homicide is a Class 3 felony. 6 (e) Except as otherwise provided in subsection (e-5), in 7 cases involving reckless homicide in which the defendant was 8 determined to have been under the influence of alcohol or any 9 other drug or drugs as an element of the offense, or in cases 10 in which the defendant is proven beyond a reasonable doubt to 11 have been under the influence of alcohol or any other drug or 12 drugs, the penalty shall be a Class 2 felony, for which a 13 person, if sentenced to a term of imprisonment, shall be 14 sentenced to a term of not less than 3 years and not more 15 than 14 years. 16 (e-5) In cases involving reckless homicide in which the 17 defendant was determined to have been under the influence of 18 alcohol or any other drug or drugs as an element of the 19 offense, or in cases in which the defendant is proven beyond 20 a reasonable doubt to have been under the influence of 21 alcohol or any other drug or drugs, if the defendant kills 2 22 or more individuals as part of a single course of conduct, 23 the penalty is a Class 2 felony, for which a person, if 24 sentenced to a term of imprisonment, shall be sentenced to a 25 term of not less than 6 years and not more than 28 years. 26 (f) In cases involving involuntary manslaughter in which 27 the victim was a family or household member as defined in 28 paragraph (3) of Section 112A-3 of the Code of Criminal 29 Procedure of 1963, the penalty shall be a Class 2 felony, for 30 which a person if sentenced to a term of imprisonment, shall 31 be sentenced to a term of not less than 3 years and not more 32 than 14 years. 33 (Source: P.A. 90-43, eff. 7-2-97; 90-119, eff. 1-1-98; 34 90-655, eff. 7-30-98; 91-6, eff. 1-1-00; 91-122, eff. 1-1-00; HB0708 Engrossed -739- LRB9203186EGfg 1 revised 10-8-99.) 2 (720 ILCS 5/11-15) (from Ch. 38, par. 11-15) 3 Sec. 11-15. Soliciting for a prostitute. 4 (a) Any person who performs any of the following acts 5 commits soliciting for a prostitute: 6 (1) Solicits another for the purpose of 7 prostitution; or 8 (2) Arranges or offers to arrange a meeting of 9 persons for the purpose of prostitution; or 10 (3) Directs another to a place knowing such 11 direction is for the purpose of prostitution. 12 (b) Sentence. Soliciting for a prostitute is a Class A 13 misdemeanor. A person convicted of a second or subsequent 14 violation of this Section, or of any combination of such 15 number of convictions under this Section and Sections 11-14, 16 11-17, 11-18, 11-18.1 and 11-19 of this Code is guilty of a 17 Class 4 felony. When a person has one or more prior 18 convictions, the information or indictment charging that 19 person shall state such prior conviction so as to give notice 20 of the State's intention to treat the charge as a felony. 21 The fact of such prior conviction is not an element of the 22 offense and may not be disclosed to the jury during trial 23 unless otherwise permitted by issues properly raised during 24 such trial. 25 (b-5)(c)A person who violates this Section within 26 1,000 feet of real property comprising a school commits a 27 Class 4 felony. 28 (c) A peace officer who arrests a person for a violation 29 of this Section may impound any vehicle used by the person in 30 the commission of the offense. The person may recover the 31 vehicle from the impound after a minimum of 2 hours after 32 arrest upon payment of a fee of $200. The fee shall be 33 distributed to the unit of government whose peace officers HB0708 Engrossed -740- LRB9203186EGfg 1 made the arrest for a violation of this Section. This $200 2 fee includes the costs incurred by the unit of government to 3 tow the vehicle to the impound. Upon the presentation of a 4 signed court order by the defendant whose vehicle was 5 impounded showing that the defendant has been acquitted of 6 the offense of soliciting for a prostitute or that the 7 charges have been dismissed against the defendant for that 8 offense, the municipality shall refund the $200 fee to the 9 defendant. 10 (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 11 revised 10-20-99.) 12 (720 ILCS 5/11-18) (from Ch. 38, par. 11-18) 13 Sec. 11-18. Patronizing a prostitute. 14 (a) Any person who performs any of the following acts 15 with a person not his or her spouse commits the offense of 16 patronizing a prostitute: 17 (1) Engages in an act of sexual penetration as 18 defined in Section 12-12 of this Code with a prostitute; 19 or 20 (2) Enters or remains in a place of prostitution 21 with intent to engage in an act of sexual penetration as 22 defined in Section 12-12 of this Code. 23 (b) Sentence. 24 Patronizing a prostitute is a Class A misdemeanor. A 25 person convicted of a second or subsequent violation of this 26 Section, or of any combination of such number of convictions 27 under this Section and Sections 11-14, 11-15, 11-17, 11-18.1 28 and 11-19 of this Code, is guilty of a Class 4 felony. When 29 a person has one or more prior convictions, the information 30 or indictment charging that person shall state such prior 31 convictions so as to give notice of the State's intention to 32 treat the charge as a felony. The fact of such conviction is 33 not an element of the offense and may not be disclosed to the HB0708 Engrossed -741- LRB9203186EGfg 1 jury during trial unless otherwise permitted by issues 2 properly 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 5/11-20.1) (from Ch. 38, par. 11-20.1) 9 Sec. 11-20.1. Child pornography. 10 (a) A person commits the offense of child pornography 11 who: 12 (1) films, videotapes, photographs, or otherwise 13 depicts or portrays by means of any similar visual medium 14 or reproduction or depicts by computer any child whom he 15 knows or reasonably should know to be under the age of 18 16 or any institutionalized severely or profoundly mentally 17 retarded person where such child or institutionalized 18 severely or profoundly mentally retarded person is: 19 (i) actually or by simulation engaged in any 20 act of sexual intercourse with any person or animal; 21 or 22 (ii) actually or by simulation engaged in any 23 act of sexual contact involving the sex organs of 24 the child or institutionalized severely or 25 profoundly mentally retarded person and the mouth, 26 anus, or sex organs of another person or animal; or 27 which involves the mouth, anus or sex organs of the 28 child or institutionalized severely or profoundly 29 mentally retarded person and the sex organs of 30 another person or animal; or 31 (iii) actually or by simulation engaged in any 32 act of masturbation; or 33 (iv) actually or by simulation portrayed as HB0708 Engrossed -742- LRB9203186EGfg 1 being the object of, or otherwise engaged in, any 2 act of lewd fondling, touching, or caressing 3 involving another person or animal; or 4 (v) actually or by simulation engaged in any 5 act of excretion or urination within a sexual 6 context; or 7 (vi) actually or by simulation portrayed or 8 depicted as bound, fettered, or subject to sadistic, 9 masochistic, or sadomasochistic abuse in any sexual 10 context; or 11 (vii) depicted or portrayed in any pose, 12 posture or setting involving a lewd exhibition of 13 the unclothed genitals, pubic area, buttocks, or, if 14 such person is female, a fully or partially 15 developed breast of the child or other person; or 16 (2) with the knowledge of the nature or content 17 thereof, reproduces, disseminates, offers to disseminate, 18 exhibits or possesses with intent to disseminate any 19 film, videotape, photograph or other similar visual 20 reproduction or depiction by computer of any child or 21 institutionalized severely or profoundly mentally 22 retarded person whom the person knows or reasonably 23 should know to be under the age of 18 or to be an 24 institutionalized severely or profoundly mentally 25 retarded person, engaged in any activity described in 26 subparagraphs (i) through (vii) of paragraph (1) of this 27 subsection; or 28 (3) with knowledge of the subject matter or theme 29 thereof, produces any stage play, live performance, film, 30 videotape or other similar visual portrayal or depiction 31 by computer which includes a child whom the person knows 32 or reasonably should know to be under the age of 18 or an 33 institutionalized severely or profoundly mentally 34 retarded person engaged in any activity described in HB0708 Engrossed -743- LRB9203186EGfg 1 subparagraphs (i) through (vii) of paragraph (1) of this 2 subsection; or 3 (4) solicits, uses, persuades, induces, entices, or 4 coerces any child whom he knows or reasonably should know 5 to be under the age of 18 or an institutionalized 6 severely or profoundly mentally retarded person to appear 7 in any stage play, live presentation, film, videotape, 8 photograph or other similar visual reproduction or 9 depiction by computer in which the child or 10 institutionalized severely or profoundly mentally 11 retarded person is or will be depicted, actually or by 12 simulation, in any act, pose or setting described in 13 subparagraphs (i) through (vii) of paragraph (1) of this 14 subsection; or 15 (5) is a parent, step-parent, legal guardian or 16 other person having care or custody of a child whom the 17 person knows or reasonably should know to be under the 18 age of 18 or an institutionalized severely or profoundly 19 mentally retarded person and who knowingly permits, 20 induces, promotes, or arranges for such child or 21 institutionalized severely or profoundly mentally 22 retarded person to appear in any stage play, live 23 performance, film, videotape, photograph or other similar 24 visual presentation, portrayal or simulation or depiction 25 by computer of any act or activity described in 26 subparagraphs (i) through (vii) of paragraph (1) of this 27 subsection; or 28 (6) with knowledge of the nature or content 29 thereof, possesses any film, videotape, photograph or 30 other similar visual reproduction or depiction by 31 computer of any child or institutionalized severely or 32 profoundly mentally retarded person whom the person knows 33 or reasonably should know to be under the age of 18 or to 34 be an institutionalized severely or profoundly mentally HB0708 Engrossed -744- LRB9203186EGfg 1 retarded person, engaged in any activity described in 2 subparagraphs (i) through (vii) of paragraph (1) of this 3 subsection; or 4 (7) solicits, uses, persuades, induces, entices, or 5 coerces a person to provide a child under the age of 18 6 or an institutionalized severely or profoundly mentally 7 retarded person to appear in any videotape, photograph, 8 film, stage play, live presentation, or other similar 9 visual reproduction or depiction by computer in which the 10 child or an institutionalized severely or profoundly 11 mentally retarded person will be depicted, actually or by 12 simulation, in any act, pose, or setting described in 13 subparagraphs (i) through (vii) of paragraph (1) of this 14 subsection. 15 (b) (1) It shall be an affirmative defense to a charge 16 of child pornography that the defendant reasonably believed, 17 under all of the circumstances, that the child was 18 years 18 of age or older or that the person was not an 19 institutionalized severely or profoundly mentally retarded 20 person but only where, prior to the act or acts giving rise 21 to a prosecution under this Section, he took some affirmative 22 action or made a bonafide inquiry designed to ascertain 23 whether the child was 18 years of age or older or that the 24 person was not an institutionalized severely or profoundly 25 mentally retarded person and his reliance upon the 26 information so obtained was clearly reasonable. 27 (2) (Blank). 28 (3) The charge of child pornography shall not apply 29 to the performance of official duties by law enforcement 30 or prosecuting officers, court personnel or attorneys, 31 nor to bonafide treatment or professional education 32 programs conducted by licensed physicians, psychologists 33 or social workers. 34 (4) Possession by the defendant of more than one of HB0708 Engrossed -745- LRB9203186EGfg 1 the same film, videotape or visual reproduction or 2 depiction by computer in which child pornography is 3 depicted shall raise a rebuttable presumption that the 4 defendant possessed such materials with the intent to 5 disseminate them. 6 (5) The charge of child pornography does not apply 7 to a person who does not voluntarily possess a film, 8 videotape, or visual reproduction or depiction by 9 computer in which child pornography is depicted. 10 Possession is voluntary if the defendant knowingly 11 procures or receives a film, videotape, or visual 12 reproduction or depiction for a sufficient time to be 13 able to terminate his or her possession. 14 (c) Violation of paragraph (1), (4), (5), or (7) of 15 subsection (a) is a Class 1 felony with a mandatory minimum 16 fine of $2,000 and a maximum fine of $100,000. Violation of 17 paragraph (3) of subsection (a) is a Class 1 felony with a 18 mandatory minimum fine of $1500 and a maximum fine of 19 $100,000. Violation of paragraph (2) of subsection (a) is a 20 Class 1 felony with a mandatory minimum fine of $1000 and a 21 maximum fine of $100,000. Violation of paragraph (6) of 22 subsection (a) is a Class 3 felony with a mandatory minimum 23 fine of $1000 and a maximum fine of $100,000. 24 (d) If a person is convicted of a second or subsequent 25 violation of this Section within 10 years of a prior 26 conviction, the court shall order a presentence psychiatric 27 examination of the person. The examiner shall report to the 28 court whether treatment of the person is necessary. 29 (e) Any film, videotape, photograph or other similar 30 visual reproduction or depiction by computer which includes a 31 child under the age of 18 or an institutionalized severely or 32 profoundly mentally retarded person engaged in any activity 33 described in subparagraphs (i) through (vii) or paragraph 1 34 of subsection (a), and any material or equipment used or HB0708 Engrossed -746- LRB9203186EGfg 1 intended for use in photographing, filming, printing, 2 producing, reproducing, manufacturing, projecting, 3 exhibiting, depiction by computer, or disseminating such 4 material shall be seized and forfeited in the manner, method 5 and procedure provided by Section 36-1 of this Code for the 6 seizure and forfeiture of vessels, vehicles and aircraft. 7 (e-5) Upon the conclusion of a case brought under this 8 Section, the court shall seal all evidence depicting a victim 9 or witness that is sexually explicit. The evidence may be 10 unsealed and viewed, on a motion of the party seeking to 11 unseal and view the evidence, only for good cause shown and 12 in the discretion of the court. The motion must expressly 13 set forth the purpose for viewing the material. The State's 14 attorney and the victim, if possible, shall be provided 15 reasonable notice of the hearing on the motion to unseal the 16 evidence. Any person entitled to notice of a hearing under 17 this subsection (e-5) may object to the motion. 18 (f) Definitions. For the purposes of this Section: 19 (1) "Disseminate" means (i) to sell, distribute, 20 exchange or transfer possession, whether with or without 21 consideration or (ii) to make a depiction by computer 22 available for distribution or downloading through the 23 facilities of any telecommunications network or through 24 any other means of transferring computer programs or data 25 to a computer; 26 (2) "Produce" means to direct, promote, advertise, 27 publish, manufacture, issue, present or show; 28 (3) "Reproduce" means to make a duplication or 29 copy; 30 (4) "Depict by computer" means to generate or 31 create, or cause to be created or generated, a computer 32 program or data that, after being processed by a computer 33 either alone or in conjunction with one or more computer 34 programs, results in a visual depiction on a computer HB0708 Engrossed -747- LRB9203186EGfg 1 monitor, screen, or display. 2 (5) "Depiction by computer" means a computer 3 program or data that, after being processed by a computer 4 either alone or in conjunction with one or more computer 5 programs, results in a visual depiction on a computer 6 monitor, screen, or display. 7 (6) "Computer", "computer program", and "data" have 8 the meanings ascribed to them in Section 16D-2 of this 9 Code. 10 (7) "Child" includes a film, videotape, photograph, 11 or other similar visual medium or reproduction or 12 depiction by computer that is, or appears to be, that of 13 a person, either in part, or in total, under the age of 14 18, regardless of the method by which the film, 15 videotape, photograph, or other similar visual medium or 16 reproduction or depiction by computer is created, 17 adopted, or modified to appear as such. "Child" also 18 includes a film, videotape, photograph, or other similar 19 visual medium or reproduction or depiction by computer 20 that is advertised, promoted, presented, described, or 21 distributed in such a manner that conveys the impression 22 that the film, videotape, photograph, or other similar 23 visual medium or reproduction or depiction by computer is 24 of a person under the age of 18. 25 (g) Re-enactment; findings; purposes. 26 (1) The General Assembly finds and declares that: 27 (i) Section 50-5 of Public Act 88-680, 28 effective January 1, 1995, contained provisions 29 amending the child pornography statute, Section 30 11-20.1 of the Criminal Code of 1961. Section 50-5 31 also contained other provisions. 32 (ii) In addition, Public Act 88-680 was 33 entitled "AN ACT to create a Safe Neighborhoods 34 Law". (A) Article 5 was entitled JUVENILE JUSTICE HB0708 Engrossed -748- LRB9203186EGfg 1 and amended the Juvenile Court Act of 1987. (B) 2 Article 15 was entitled GANGS and amended various 3 provisions of the Criminal Code of 1961 and the 4 Unified Code of Corrections. (C) Article 20 was 5 entitled ALCOHOL ABUSE and amended various 6 provisions of the Illinois Vehicle Code. (D) 7 Article 25 was entitled DRUG ABUSE and amended the 8 Cannabis Control Act and the Illinois Controlled 9 Substances Act. (E) Article 30 was entitled FIREARMS 10 and amended the Criminal Code of 1961 and the Code 11 of Criminal Procedure of 1963. (F) Article 35 12 amended the Criminal Code of 1961, the Rights of 13 Crime Victims and Witnesses Act, and the Unified 14 Code of Corrections. (G) Article 40 amended the 15 Criminal Code of 1961 to increase the penalty for 16 compelling organization membership of persons. (H) 17 Article 45 created the Secure Residential Youth Care 18 Facility Licensing Act and amended the State Finance 19 Act, the Juvenile Court Act of 1987, the Unified 20 Code of Corrections, and the Private Correctional 21 Facility Moratorium Act. (I) Article 50 amended the 22 WIC Vendor Management Act, the Firearm Owners 23 Identification Card Act, the Juvenile Court Act of 24 1987, the Criminal Code of 1961, the Wrongs to 25 Children Act, and the Unified Code of Corrections. 26 (iii) On September 22, 1998, the Third 27 District Appellate Court in People v. Dainty, 701 28 N.E. 2d 118, ruled that Public Act 88-680 violates 29 the single subject clause of the Illinois 30 Constitution (Article IV, Section 8 (d)) and was 31 unconstitutional in its entirety. As of the time 32 this amendatory Act of 1999 was prepared, People v. 33 Dainty was still subject to appeal. 34 (iv) Child pornography is a vital concern to HB0708 Engrossed -749- LRB9203186EGfg 1 the people of this State and the validity of future 2 prosecutions under the child pornography statute of 3 the Criminal Code of 1961 is in grave doubt. 4 (2) It is the purpose of this amendatory Act of 5 1999 to prevent or minimize any problems relating to 6 prosecutions for child pornography that may result from 7 challenges to the constitutional validity of Public Act 8 88-680 by re-enacting the Section relating to child 9 pornography that was included in Public Act 88-680. 10 (3) This amendatory Act of 1999 re-enacts Section 11 11-20.1 of the Criminal Code of 1961, as it has been 12 amended. This re-enactment is intended to remove any 13 question as to the validity or content of that Section; 14 it is not intended to supersede any other Public Act that 15 amends the text of the Section as set forth in this 16 amendatory Act of 1999. The material is shown as 17 existing text (i.e., without underscoring) because, as 18 of the time this amendatory Act of 1999 was prepared, 19 People v. Dainty was subject to appeal to the Illinois 20 Supreme Court. 21 (4) The re-enactment by this amendatory Act of 1999 22 of Section 11-20.1 of the Criminal Code of 1961 relating 23 to child pornography that was amended by Public Act 24 88-680 is not intended, and shall not be construed, to 25 imply that Public Act 88-680 is invalid or to limit or 26 impair any legal argument concerning whether those 27 provisions were substantially re-enacted by other Public 28 Acts. 29 (Source: P.A. 90-68, eff. 7-8-97; 90-678, eff. 7-31-98; 30 90-786, eff. 1-1-99; 91-54, eff. 6-30-99; 91-229, eff. 31 1-1-00; 91-357, eff. 7-29-99; revised 8-30-99.) 32 (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2) 33 (Text of Section before amendment by P.A. 91-928) HB0708 Engrossed -750- LRB9203186EGfg 1 Sec. 12-3.2. Domestic Battery. 2 (a) A person commits domestic battery if he 3 intentionally or knowingly without legal justification by any 4 means: 5 (1) Causes bodily harm to any family or household 6 member as defined in subsection (3) of Section 112A-3 of 7 the Code of Criminal Procedure of 1963, as amended; 8 (2) Makes physical contact of an insulting or 9 provoking nature with any family or household member as 10 defined in subsection (3) of Section 112A-3 of the Code 11 of Criminal Procedure of 1963, as amended. 12 (b) Sentence. Domestic battery is a Class A 13 Misdemeanor. Domestic battery is a Class 4 felony if the 14 defendant has any prior conviction under this Code for 15 domestic battery (Section 12-3.2) or violation of an order of 16 protection (Section 12-30). Domestic battery is a Class 4 17 felony if the defendant has any prior conviction under this 18 Code for aggravated battery (Section 12-4), stalking (Section 19 12-7.3), aggravated stalking (Section 12-7.4), unlawful 20 restraint (Section 10-3), or aggravated unlawful restraint 21 (Section 10-3.1), when any of these offenses have been 22 committed against a family or household member as defined in 23 Section 112A-3 of the Code of Criminal Procedure of 1963. In 24 addition to any other sentencing alternatives, for any second 25 conviction of violating this Section within 5 years of a 26 previous conviction for violating this Section, the offender 27 shall be mandatorily sentenced to a minimum of 48 consecutive 28 hours of imprisonment. The imprisonment shall not be subject 29 to suspension, nor shall the person be eligible for probation 30 in order to reduce the sentence. 31 (c) For any conviction for domestic battery, if a person 32 under 18 years of age who is the child of the offender or of 33 the victim was present and witnessed the domestic battery of 34 the victim, the defendant is liable for the cost of any HB0708 Engrossed -751- LRB9203186EGfg 1 counseling required for the child at the discretion of the 2 court in accordance with subsection (b) of Section 5-5-6 of 3 the Unified Code of Corrections. 4 (Source: P.A. 90-734, eff. 1-1-99; 91-112, eff. 10-1-99; 5 91-262, eff. 1-1-00; revised 10-7-99.) 6 (Text of Section after amendment by P.A. 91-928) 7 Sec. 12-3.2. Domestic Battery. 8 (a) A person commits domestic battery if he 9 intentionally or knowingly without legal justification by any 10 means: 11 (1) Causes bodily harm to any family or household 12 member as defined in subsection (3) of Section 112A-3 of 13 the Code of Criminal Procedure of 1963, as amended; 14 (2) Makes physical contact of an insulting or 15 provoking nature with any family or household member as 16 defined in subsection (3) of Section 112A-3 of the Code 17 of Criminal Procedure of 1963, as amended. 18 (b) Sentence. Domestic battery is a Class A 19 Misdemeanor. Domestic battery is a Class 4 felony if the 20 defendant has any prior conviction under this Code for 21 domestic battery (Section 12-3.2) or violation of an order of 22 protection (Section 12-30). Domestic battery is a Class 4 23 felony if the defendant has any prior conviction under this 24 Code for aggravated battery (Section 12-4), stalking (Section 25 12-7.3), aggravated stalking (Section 12-7.4), unlawful 26 restraint (Section 10-3), or aggravated unlawful restraint 27 (Section 10-3.1), when any of these offenses have been 28 committed against a family or household member as defined in 29 Section 112A-3 of the Code of Criminal Procedure of 1963. In 30 addition to any other sentencing alternatives, for any second 31 conviction of violating this Section within 5 years of a 32 previous conviction for violating this Section, the offender 33 shall be mandatorily sentenced to a minimum of 48 consecutive 34 hours of imprisonment. The imprisonment shall not be subject HB0708 Engrossed -752- LRB9203186EGfg 1 to suspension, nor shall the person be eligible for probation 2 in order to reduce the sentence. 3 (c) Domestic battery committed in the presence of a 4 child. In addition to any other sentencing alternatives, a 5 defendant who commits, in the presence of a child, a felony 6 domestic battery (enhanced under subsection (b)), aggravated 7 domestic battery (Section 12-3.3), aggravated battery 8 (Section 12-4), unlawful restraint (Section 10-3), or 9 aggravated unlawful restraint (Section 10-3.1) against a 10 family or household member, as defined in Section 112A-3 of 11 the Code of Criminal Procedure of 1963, shall be required to 12 serve a mandatory minimum imprisonment of 10 days or perform 13 300 hours of community service, or both. The defendant shall 14 further be liable for the cost of any counseling required for 15 the child at the discretion of the court in accordance with 16 subsection (b) of Section 5-5-6 of the Unified Code of 17 Corrections. For purposes of this Section, "child" means a 18 person under 16 years of age who is the defendant's or 19 victim's child or step-child or who is a minor child residing 20 within the household of the defendant or victim. For 21 purposes of this Section, "in the presence of a child" means 22 in the physical presence of a child or knowing or having 23 reason to know that a child is present and may see or hear an 24 act constituting one of the offenses listed in this 25 subsection. 26 (Source: P.A. 90-734, eff. 1-1-99; 91-112, eff. 10-1-99; 27 91-262, eff. 1-1-00; 91-928, eff. 6-1-01.) 28 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4) 29 Sec. 12-4. Aggravated Battery. 30 (a) A person who, in committing a battery, intentionally 31 or knowingly causes great bodily harm, or permanent 32 disability or disfigurement commits aggravated battery. 33 (b) In committing a battery, a person commits aggravated HB0708 Engrossed -753- LRB9203186EGfg 1 battery if he or she: 2 (1) Uses a deadly weapon other than by the 3 discharge of a firearm; 4 (2) Is hooded, robed or masked, in such manner as 5 to conceal his identity; 6 (3) Knows the individual harmed to be a teacher or 7 other person employed in any school and such teacher or 8 other employee is upon the grounds of a school or grounds 9 adjacent thereto, or is in any part of a building used 10 for school purposes; 11 (4) Knows the individual harmed to be a supervisor, 12 director, instructor or other person employed in any park 13 district and such supervisor, director, instructor or 14 other employee is upon the grounds of the park or grounds 15 adjacent thereto, or is in any part of a building used 16 for park purposes; 17 (5) Knows the individual harmed to be a caseworker, 18 investigator, or other person employed by the State 19 Department of Public Aid, a County Department of Public 20 Aid, or the Department of Human Services (acting as 21 successor to the Illinois Department of Public Aid under 22 the Department of Human Services Act) and such 23 caseworker, investigator, or other person is upon the 24 grounds of a public aid office or grounds adjacent 25 thereto, or is in any part of a building used for public 26 aid purposes, or upon the grounds of a home of a public 27 aid applicant, recipient, or any other person being 28 interviewed or investigated in the employee's discharge 29 of his duties, or on grounds adjacent thereto, or is in 30 any part of a building in which the applicant, recipient, 31 or other such person resides or is located; 32 (6) Knows the individual harmed to be a peace 33 officer, a community policing volunteer, a correctional 34 institution employee, or a fireman while such officer, HB0708 Engrossed -754- LRB9203186EGfg 1 volunteer, employee or fireman is engaged in the 2 execution of any official duties including arrest or 3 attempted arrest, or to prevent the officer, volunteer, 4 employee or fireman from performing official duties, or 5 in retaliation for the officer, volunteer, employee or 6 fireman performing official duties, and the battery is 7 committed other than by the discharge of a firearm; 8 (7) Knows the individual harmed to be an emergency 9 medical technician - ambulance, emergency medical 10 technician - intermediate, emergency medical technician - 11 paramedic, ambulance driver, other medical assistance, 12 first aid personnel, or hospital emergency room personnel 13 engaged in the performance of any of his or her official 14 duties, or to prevent the emergency medical technician - 15 ambulance, emergency medical technician - intermediate, 16 emergency medical technician - paramedic, ambulance 17 driver, other medical assistance, first aid personnel, or 18 hospital emergency room personnel from performing 19 official duties, or in retaliation for performing 20 official duties; 21 (8) Is, or the person battered is, on or about a 22 public way, public property or public place of 23 accommodation or amusement; 24 (9) Knows the individual harmed to be the driver, 25 operator, employee or passenger of any transportation 26 facility or system engaged in the business of 27 transportation of the public for hire and the individual 28 assaulted is then performing in such capacity or then 29 using such public transportation as a passenger or using 30 any area of any description designated by the 31 transportation facility or system as a vehicle boarding, 32 departure, or transfer location; 33 (10) Knowingly and without legal justification and 34 by any means causes bodily harm to an individual of 60 HB0708 Engrossed -755- LRB9203186EGfg 1 years of age or older; 2 (11) Knows the individual harmed is pregnant; 3 (12) Knows the individual harmed to be a judge whom 4 the person intended to harm as a result of the judge's 5 performance of his or her official duties as a judge; 6 (13) Knows the individual harmed to be an employee 7 of the Illinois Department of Children and Family 8 Services engaged in the performance of his authorized 9 duties as such employee; 10 (14) Knows the individual harmed to be a person who 11 is physically handicapped; or 12 (15) Knowingly and without legal justification and 13 by any means causes bodily harm to a merchant who detains 14 the person for an alleged commission of retail theft 15 under Section 16A-5 of this Code. In this item (15), 16 "merchant" has the meaning ascribed to it in Section 17 16A-2.4 of this Code. 18 For the purpose of paragraph (14) of subsection (b) of 19 this Section, a physically handicapped person is a person who 20 suffers from a permanent and disabling physical 21 characteristic, resulting from disease, injury, functional 22 disorder or congenital condition. 23 (c) A person who administers to an individual or causes 24 him to take, without his consent or by threat or deception, 25 and for other than medical purposes, any intoxicating, 26 poisonous, stupefying, narcotic, anesthetic, or controlled 27 substance commits aggravated battery. 28 (d) A person who knowingly gives to another person any 29 food that contains any substance or object that is intended 30 to cause physical injury if eaten, commits aggravated 31 battery. 32 (d-3)(d-5)A person commits aggravated battery when he 33 or she knowingly and without lawful justification shines or 34 flashes a laser gunsight or other laser device that is HB0708 Engrossed -756- LRB9203186EGfg 1 attached or affixed to a firearm, or used in concert with a 2 firearm, so that the laser beam strikes upon or against the 3 person of another. 4 (d-5) An inmate of a penal institution who causes or 5 attempts to cause a correctional employee of the penal 6 institution to come into contact with blood, seminal fluid, 7 urine, or feces, by throwing, tossing, or expelling that 8 fluid or material commits aggravated battery. For purposes 9 of this subsection (d-5), "correctional employee" means a 10 person who is employed by a penal institution. 11 (e) Sentence. 12 Aggravated battery is a Class 3 felony. 13 (Source: P.A. 90-115, eff. 1-1-98; 90-651, eff. 1-1-99; 14 90-735, eff. 8-11-98; 91-357, eff. 7-29-99; 91-488, eff. 15 1-1-00; 91-619, eff. 1-1-00; 91-672, eff. 1-1-00; revised 16 1-7-00.) 17 (720 ILCS 5/12-9) (from Ch. 38, par. 12-9) 18 Sec. 12-9. Threatening public officials. 19 (a) A person commits the offense of threatening a public 20 official when: 21 (1) that person knowingly and willfully delivers or 22 conveys, directly or indirectly, to a public official by 23 any means a communication: 24 (i) containing a threat that would place the 25 public official or a member of his or her immediate 26 family in reasonable apprehension of immediate or 27 future bodily harm, sexual assault, confinement, or 28 restraint; or 29 (ii) containing a threat that would place the 30 public official or a member of his or her immediate 31 family in reasonable apprehension that damage will 32 occur to property in the custody, care, or control 33 of the public official or his or her immediate HB0708 Engrossed -757- LRB9203186EGfg 1 family; and 2 (2) the threat was conveyed because of the 3 performance or nonperformance of some public duty, 4 because of hostility of the person making the threat 5 toward the status or position of the public official, or 6 because of any other factor related to the official's 7 public existence. 8 (b) For purposes of this Section: 9 (1) "Public official" means a person who is elected 10 to office in accordance with a statute or who is 11 appointed to an office which is established, and the 12 qualifications and duties of which are prescribed, by 13 statute, to discharge a public duty for the State or any 14 of its political subdivisions or in the case of an 15 elective office any person who has filed the required 16 documents for nomination or election to such office.;17 "Public official" includes a duly appointed assistant 18 State's Attorney.;19 (2) "Immediate family" means a public official's 20 spouse or,child or children. 21 (c) Threatening a public official is a Class 3 felony 22 for a first offense and a Class 2 felony for a second or 23 subsequent offense. 24 (Source: P.A. 91-335, eff. 1-1-00; 91-387, eff. 1-1-00; 25 revised 10-20-99.) 26 (720 ILCS 5/12-14.1) 27 Sec. 12-14.1. Predatory criminal sexual assault of a 28 child. 29 (a) The accused commits predatory criminal sexual 30 assault of a child if: 31 (1) the accused was 17 years of age or over and 32 commits an act of sexual penetration with a victim who 33 was under 13 years of age when the act was committed; or HB0708 Engrossed -758- LRB9203186EGfg 1 (1.1) the accused was 17 years of age or over and, 2 while armed with a firearm, commits an act of sexual 3 penetration with a victim who was under 13 years of age 4 when the act was committed; or 5 (1.2) the accused was 17 years of age or over and 6 commits an act of sexual penetration with a victim who 7 was under 13 years of age when the act was committed and, 8 during the commission of the offense, the accused 9 personally discharged a firearm; or 10 (2) the accused was 17 years of age or over and 11 commits an act of sexual penetration with a victim who 12 was under 13 years of age when the act was committed and 13 the accused caused great bodily harm to the victim that: 14 (A) resulted in permanent disability; or 15 (B) was life threatening; or 16 (3) the accused was 17 years of age or over and 17 commits an act of sexual penetration with a victim who 18 was under 13 years of age when the act was committed and 19 the accused delivered (by injection, inhalation, 20 ingestion, transfer of possession, or any other means) to 21 the victim without his or her consent, or by threat or 22 deception, and for other than medical purposes, any 23 controlled substance. 24 (b) Sentence. 25 (1) A person convicted of a violation of subsection 26 (a)(1) commits a Class X felony. A person convicted of a 27 violation of subsection (a)(1.1) commits a Class X felony 28 for which 15 years shall be added to the term of 29 imprisonment imposed by the court. A person convicted of 30 a violation of subsection (a)(1.2) commits a Class X 31 felony for which 20 years shall be added to the term of 32 imprisonment imposed by the court. A person convicted of 33 a violation of subsection (a)(2) commits a Class X felony 34 for which the person shall be sentenced to a term of HB0708 Engrossed -759- LRB9203186EGfg 1 imprisonment of not less than 50 years or up to a term of 2 natural life imprisonment. 3 (1.1) A person convicted of a violation of 4 subsection (a)(3) commits a Class X felony for which the 5 person shall be sentenced to a term of imprisonment of 6 not less than 50 years and not more than 60 years. 7 (1.2) A person convicted of predatory criminal 8 sexual assault of a child committed against 2 or more 9 persons regardless of whether the offenses occurred as 10 the result of the same act or of several related or 11 unrelated acts shall be sentenced to a term of natural 12 life imprisonment. 13 (2) A person who is convicted of a second or 14 subsequent offense of predatory criminal sexual assault 15 of a child, or who is convicted of the offense of 16 predatory criminal sexual assault of a child after having 17 previously been convicted of the offense of criminal 18 sexual assault or the offense of aggravated criminal 19 sexual assault, or who is convicted of the offense of 20 predatory criminal sexual assault of a child after having 21 previously been convicted under the laws of this State or 22 any other state of an offense that is substantially 23 equivalent to the offense of predatory criminal sexual 24 assault of a child, the offense of aggravated criminal 25 sexual assault or the offense of criminal sexual assault, 26 shall be sentenced to a term of natural life 27 imprisonment. The commission of the second or subsequent 28 offense is required to have been after the initial 29 conviction for this paragraph (2) to apply. 30 (Source: P.A. 90-396, eff. 1-1-98; 90-735, eff. 8-11-98; 31 91-238, eff. 1-1-00; 91-404, eff. 1-1-00; revised 10-13-99.) 32 (720 ILCS 5/16-1) (from Ch. 38, par. 16-1) 33 Sec. 16-1. Theft. HB0708 Engrossed -760- LRB9203186EGfg 1 (a) A person commits theft when he knowingly: 2 (1) Obtains or exerts unauthorized control over 3 property of the owner; or 4 (2) Obtains by deception control over property of 5 the owner; or 6 (3) Obtains by threat control over property of the 7 owner; or 8 (4) Obtains control over stolen property knowing 9 the property to have been stolen or under such 10 circumstances as would reasonably induce him to believe 11 that the property was stolen; or 12 (5) Obtains or exerts control over property in the 13 custody of any law enforcement agency which is explicitly 14 represented to him by any law enforcement officer or any 15 individual acting in behalf of a law enforcement agency 16 as being stolen, and 17 (A) Intends to deprive the owner permanently 18 of the use or benefit of the property; or 19 (B) Knowingly uses, conceals or abandons the 20 property in such manner as to deprive the owner 21 permanently of such use or benefit; or 22 (C) Uses, conceals, or abandons the property 23 knowing such use, concealment or abandonment 24 probably will deprive the owner permanently of such 25 use or benefit. 26 (b) Sentence. 27 (1) Theft of property not from the person and not 28 exceeding $300 in value is a Class A misdemeanor. 29 (1.1) Theft of property, other than a firearm,not 30 from the person and not exceeding $300 in value is a 31 Class 4 felony if the theft was committed in a school or 32 place of worship. 33 (2) A person who has been convicted of theft of 34 property not from the person and not exceeding $300 in HB0708 Engrossed -761- LRB9203186EGfg 1 value who has been previously convicted of any type of 2 theft, robbery, armed robbery, burglary, residential 3 burglary, possession of burglary tools, home invasion, 4 forgery, a violation of Section 4-103, 4-103.1, 4-103.2, 5 or 4-103.3 of the Illinois Vehicle Code relating to the 6 possession of a stolen or converted motor vehicle, or a 7 violation of Section 8 of the Illinois Credit Card and 8 Debit Card Act is guilty of a Class 4 felony. When a 9 person has any such prior conviction, the information or 10 indictment charging that person shall state such prior 11 conviction so as to give notice of the State's intention 12 to treat the charge as a felony. The fact of such prior 13 conviction is not an element of the offense and may not 14 be disclosed to the jury during trial unless otherwise 15 permitted by issues properly raised during such trial. 16 (3) (Blank). 17 (4) Theft of property from the person not exceeding 18 $300 in value, or theft of property exceeding $300 and 19 not exceeding $10,000 in value, is a Class 3 felony. 20 (4.1) Theft of property from the person not 21 exceeding $300 in value, or theft of property exceeding 22 $300 and not exceeding $10,000 in value, is a Class 2 23 felony if the theft was committed in a school or place of 24 worship. 25 (5) Theft of property exceeding $10,000 and not 26 exceeding $100,000 in value is a Class 2 felony. 27 (5.1) Theft of property exceeding $10,000 and not 28 exceeding $100,000 in value is a Class 1 felony if the 29 theft was committed in a school or place of worship. 30 (6) Theft of property exceeding $100,000 in value 31 is a Class 1 felony. 32 (6.1) Theft of property exceeding $100,000 in value 33 is a Class X felony if the theft was committed in a 34 school or place of worship. HB0708 Engrossed -762- LRB9203186EGfg 1 (7) Theft by deception, as described by paragraph 2 (2) of subsection (a) of this Section, in which the 3 offender obtained money or property valued at $5,000 or 4 more from a victim 60 years of age or older is a Class 2 5 felony. 6 (c) When a charge of theft of property exceeding a 7 specified value is brought, the value of the property 8 involved is an element of the offense to be resolved by the 9 trier of fact as either exceeding or not exceeding the 10 specified value. 11 (Source: P.A. 91-118, eff. 1-1-00; 91-360, eff. 7-29-99; 12 91-544, eff. 1-1-00; revised 10-7-99.) 13 (720 ILCS 5/17-2) (from Ch. 38, par. 17-2) 14 Sec. 17-2. False personation; use of title; 15 solicitation; certain entities. 16 (a) A person commits a false personation when he or she 17 falsely represents himself or herself to be a member or 18 representative of any veterans' or public safety personnel 19 organization or a representative of any charitable 20 organization, or when any person exhibits or uses in any 21 manner any decal, badge or insignia of any charitable, public 22 safety personnel, or veterans' organization when not 23 authorized to do so by the charitable, public safety 24 personnel, or veterans' organization. "Public safety 25 personnel organization" has the meaning ascribed to that term 26 in Section 1 of the Solicitation for Charity Act. 27 (a-5) A person commits a false personation when he or 28 she falsely represents himself or herself to be a veteran in 29 seeking employment or public office. In this subsection, 30 "veteran" means a person who has served in the Armed Services 31 or Reserved Forces of the United States. 32 (b) No person shall use the words "Chicago Police," 33 "Chicago Police Department," "Chicago Patrolman," "Chicago HB0708 Engrossed -763- LRB9203186EGfg 1 Sergeant," "Chicago Lieutenant," "Chicago Peace Officer" or 2 any other words to the same effect in the title of any 3 organization, magazine, or other publication without the 4 express approval of the Chicago Police Board. 5 (b-5) No person shall use the words "Cook County 6 Sheriff's Police" or "Cook County Sheriff" or any other words 7 to the same effect in the title of any organization, 8 magazine, or other publication without the express approval 9 of the office of the Cook County Sheriff's Merit Board. The 10 references to names and titles in this Section may not be 11 construed as authorizing use of the names and titles of other 12 organizations or public safety personnel organizations 13 otherwise prohibited by this Section or the Solicitation for 14 Charity Act. 15 (c) (Blank). 16 (c-1) No person may claim or represent that he or she is 17 acting on behalf of any police department, chief of a police 18 department, fire department, chief of a fire department, 19 sheriff's department, or sheriff when soliciting financial 20 contributions or selling or delivering or offering to sell or 21 deliver any merchandise, goods, services, memberships, or 22 advertisements unless the chief of the police department, 23 fire department, and the corporate or municipal authority 24 thereof, or the sheriff has first entered into a written 25 agreement with the person or with an organization with which 26 the person is affiliated and the agreement permits the 27 activity. 28 (c-2) No person, when soliciting financial contributions 29 or selling or delivering or offering to sell or deliver any 30 merchandise, goods, services, memberships, or advertisements 31 may claim or represent that he or she is representing or 32 acting on behalf of any nongovernmental organization by any 33 name which includes "officer", "peace officer", "police", 34 "law enforcement", "trooper", "sheriff", "deputy", "deputy HB0708 Engrossed -764- LRB9203186EGfg 1 sheriff", "State police", or any other word or words which 2 would reasonably be understood to imply that the organization 3 is composed of law enforcement personnel unless the person is 4 actually representing or acting on behalf of the 5 nongovernmental organization, and the nongovernmental 6 organization is controlled by and governed by a membership of 7 and represents a group or association of active duty peace 8 officers, retired peace officers, or injured peace officers 9 and before commencing the solicitation or the sale or the 10 offers to sell any merchandise, goods, services, memberships, 11 or advertisements, a written contract between the soliciting 12 or selling person and the nongovernmental organization has 13 been entered into. 14 (c-3) No person may solicit financial contributions or 15 sell or deliver or offer to sell or deliver any merchandise, 16 goods, services, memberships, or advertisements on behalf of 17 a police, sheriff, or other law enforcement department unless 18 that person is actually representing or acting on behalf of 19 the department or governmental organization and has entered 20 into a written contract with the police chief, or head of the 21 law enforcement department, and the corporate or municipal 22 authority thereof, or the sheriff, which specifies and states 23 clearly and fully the purposes for which the proceeds of the 24 solicitation, contribution, or sale will be used. 25 (c-4) No person, when soliciting financial contributions 26 or selling or delivering or offering to sell or deliver any 27 merchandise, goods, services, memberships, or advertisements, 28 may claim or represent that he or she is representing or 29 acting on behalf of any nongovernmental organization by any 30 name which includes the term "fireman", "fire fighter", 31 "paramedic", or any other word or words which would 32 reasonably be understood to imply that the organization is 33 composed of fire fighter or paramedic personnel unless the 34 person is actually representing or acting on behalf of the HB0708 Engrossed -765- LRB9203186EGfg 1 nongovernmental organization, and the nongovernmental 2 organization is controlled by and governed by a membership of 3 and represents a group or association of active duty, 4 retired, or injured fire fighters (for the purposes of this 5 Section, "fire fighter" has the meaning ascribed to that term 6 in Section 2 of the Illinois Fire Protection Training Act) or 7 active duty, retired, or injured emergency medical 8 technicians - ambulance, emergency medical technicians - 9 intermediate, emergency medical technicians - paramedic, 10 ambulance drivers, or other medical assistance or first aid 11 personnel, and before commencing the solicitation or the sale 12 or delivery or the offers to sell or deliver any merchandise, 13 goods, services, memberships, or advertisements, a written 14 contract between the soliciting or selling person and the 15 nongovernmental organization has been entered into. 16 (c-5) No person may solicit financial contributions or 17 sell or deliver or offer to sell or deliver any merchandise, 18 goods, services, memberships, or advertisements on behalf of 19 a department or departments of fire fighters unless that 20 person is actually representing or acting on behalf of the 21 department or departments and has entered into a written 22 contract with the department chief and corporate or municipal 23 authority thereof which specifies and states clearly and 24 fully the purposes for which the proceeds of the 25 solicitation, contribution, or sale will be used. 26 (d) Sentence. False personation, unapproved use of a 27 name or title, or solicitation in violation of subsection 28 (a), (b), or (b-5)and (b-1)of this Section is a Class C 29 misdemeanor. False personation in violation of subsection 30 (a-5) is a Class A misdemeanor. Engaging in any activity in 31 violation of subsection (c-1), (c-2), (c-3), (c-4), or (c-5) 32 of this Section is a Class 4 felony. 33 (Source: P.A. 91-301, eff. 7-29-99; 91-302, eff. 7-29-99; 34 revised 10-15-99.) HB0708 Engrossed -766- LRB9203186EGfg 1 (720 ILCS 5/17-23) 2 Sec. 17-23. Counterfeit Universal Price Code Label. 3 (a) A person who, with intent to defraud a merchant, 4 possesses, uses, transfers, makes, sells, reproduces, 5 tenders, or delivers a false, counterfeit, altered, or 6 simulated Universal Price Code Label is guilty of a Class 4 7 felony. 8 (b) A person who possesses more than one false, 9 counterfeit, altered, or simulated Universal Price Code Label 10 or who possesses a device the purpose of which is to 11 manufacture false, counterfeit, altered, or simulated 12 Universal Price Code Labels is guilty of a Class 3 felony. 13 (c) (Blank). 14 (d) Definitions. In this Section: 15 "Universal Price Code Label" means a unique symbol that 16 consists of a machine readable code and human readable 17 numbers. 18 "Merchant" has the meaning ascribed to it in Section 19 16A-2.4 of this Code. 20 "Intent to defraud" has the meaning ascribed to it in 21 paragraph (iii) of subsection (A) of Section 17-1 of this 22 Code. 23 (Source: P.A. 91-136, eff. 1-1-00; revised 11-8-99.) 24 (720 ILCS 5/17-24) 25 Sec. 17-24.17-23.Fraudulent schemes and artifices. 26 (a) Fraud by wire, radio, or television. 27 (1) A person commits wire fraud when he or she: 28 (A) devises or intends to devise a scheme or 29 artifice to defraud or to obtain money or property 30 by means of false pretenses, representations, or 31 promises; and 32 (B) (i) transmits or causes to be transmitted 33 from within this State; or HB0708 Engrossed -767- LRB9203186EGfg 1 (ii) transmits or causes to be 2 transmitted so that it is received by a person 3 within this State; or 4 (iii) transmits or causes to be 5 transmitted so that it is reasonably 6 foreseeable that it will be accessed by a 7 person within this State: 8 any writings, signals, pictures, sounds, or electronic or 9 electric impulses by means of wire, radio, or television 10 communications for the purpose of executing the scheme or 11 artifice. 12 (2) A scheme or artifice to defraud using 13 electronic transmissions is deemed to occur in the county 14 from which a transmission is sent, if the transmission is 15 sent from within this State, the county in which a person 16 within this State receives the transmission, and the 17 county in which a person who is within this State is 18 located when the person accesses a transmission. 19 (3) Wire fraud is a Class 3 felony. 20 (b) Mail fraud. 21 (1) A person commits mail fraud when he or she: 22 (A) devises or intends to devise any scheme or 23 artifice to defraud or to obtain money or property 24 by means of false or fraudulent pretenses, 25 representations or promises, or to sell, dispose of, 26 loan, exchange, alter, give away, distribute, 27 supply, or furnish or procure for unlawful use any 28 counterfeit obligation, security, or other article, 29 or anything represented to be or intimidated or held 30 out to be such counterfeit or spurious article; and 31 (B) for the purpose of executing such scheme 32 or artifice or attempting so to do, places in any 33 post office or authorized depository for mail matter 34 within this State, any matter or thing whatever to HB0708 Engrossed -768- LRB9203186EGfg 1 be delivered by the Postal Service, or deposits or 2 causes to be deposited in this State by mail or by 3 private or commercial carrier according to the 4 direction on the matter or thing, or at the place at 5 which it is directed to be delivered by the person 6 to whom it is addressed, any such matter or thing. 7 (2) A scheme or artifice to defraud using a 8 government or private carrier is deemed to occur in the 9 county in which mail or other matter is deposited with 10 the Postal Service or a private commercial carrier for 11 delivery, if deposited with the Postal Service or a 12 private or commercial carrier within this State and the 13 county in which a person within this State receives the 14 mail or other matter from the Postal Service or a private 15 or commercial carrier. 16 (3) Mail fraud is a Class 3 felony. 17 (c) Financial institution fraud. 18 (1) A person is guilty of financial institution 19 fraud who knowingly executes or attempts to execute a 20 scheme or artifice: 21 (i) to defraud a financial institution; or 22 (ii) to obtain any of the moneys, funds, 23 credits, assets, securities, or other property owned 24 by, or under the custody or control of a financial 25 institution, by means of pretenses, representations, 26 or promises he or she knows to be false. 27 (2) Financial institution fraud is a Class 3 28 felony. 29 (d) The period of limitations for prosecution of any 30 offense defined in this Section begins at the time when the 31 last act in furtherance of the scheme or artifice is 32 committed. 33 (e) In this Section: 34 (1) "Scheme or artifice to defraud" includes a HB0708 Engrossed -769- LRB9203186EGfg 1 scheme or artifice to deprive another of the intangible 2 right to honest services. 3 (2) "Financial institution" has the meaning 4 ascribed to it in paragraph (i) of subsection (A) of 5 Section 17-1 of this Code. 6 (Source: P.A. 91-228, eff. 1-1-00; revised 11-8-99.) 7 (720 ILCS 5/Art. 20.5 heading) 8 ARTICLE 20.5. CAUSING A CATASTROPHE; DEADLY SUBSTANCES 9 (720 ILCS 5/21-1.5) 10 Sec. 21-1.5. Anhydrous ammonia equipment, containers, 11 and facilities. 12 (a) It is unlawful for any person to tamper with 13 anhydrous ammonia equipment, containers, or storage 14 facilities. 15 (b) Tampering with anhydrous ammonia equipment, 16 containers, or storage facilities occurs when any person who 17 is not authorized by the owner of the anhydrous ammonia, 18 anhydrous ammonia equipment, storage containers, or storage 19 facilities transfers or attempts to transfer anhydrous 20 ammonia to another container, causes damage to the anhydrous 21 ammonia equipment, storage container, or storage facility, or 22 vents anhydrous ammonia into the environment. 23 (b-5) It is unlawful for any person to transport 24 anhydrous ammonia in a portable container if the container is 25 not a package authorized for anhydrous ammonia transportation 26 as defined in rules adopted under the Illinois Hazardous 27 Materials Transportation Act. For purposes of this 28 subsection (b-5), an authorized package includes a package 29 previously authorized under the Illinois Hazardous Materials 30 Transportation Act. 31 (b-10) For purposes of this Section: 32 "Anhydrous ammonia" means the compound defined in HB0708 Engrossed -770- LRB9203186EGfg 1 paragraph (d) of Section 3 of the Illinois Fertilizer Act of 2 1961. 3 "Anhydrous ammonia equipment", "anhydrous ammonia storage 4 containers", and "anhydrous ammonia storage facilities" are 5 defined in rules adopted under the Illinois Fertilizer Act of 6 1961. 7 (c) Sentence. A violation of subsection (a) or (b) of 8 this Section is a Class A misdemeanor. A violation of 9 subsection (b-5) of this Section is a Class 4 felony. 10 (Source: P.A. 91-402, eff. 1-1-00; 91-889, eff. 1-1-01; 11 revised 9-22-00.) 12 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1) 13 Sec. 26-1. Elements of the Offense. 14 (a) A person commits disorderly conduct when he 15 knowingly: 16 (1) Does any act in such unreasonable manner as to 17 alarm or disturb another and to provoke a breach of the 18 peace; or 19 (2) Transmits or causes to be transmitted in any 20 manner to the fire department of any city, town, village 21 or fire protection district a false alarm of fire, 22 knowing at the time of such transmission that there is no 23 reasonable ground for believing that such fire exists; or 24 (3) Transmits or causes to be transmitted in any 25 manner to another a false alarm to the effect that a bomb 26 or other explosive of any nature or a container holding 27 poison gas, a deadly biological or chemical contaminant, 28 or radioactive substance is concealed in such place that 29 its explosion or release would endanger human life, 30 knowing at the time of such transmission that there is no 31 reasonable ground for believing that such bomb, explosive 32 or a container holding poison gas, a deadly biological or 33 chemical contaminant, or radioactive substance is HB0708 Engrossed -771- LRB9203186EGfg 1 concealed in such place; or 2 (4) Transmits or causes to be transmitted in any 3 manner to any peace officer, public officer or public 4 employee a report to the effect that an offense will be 5 committed, is being committed, or has been committed, 6 knowing at the time of such transmission that there is no 7 reasonable ground for believing that such an offense will 8 be committed, is being committed, or has been committed; 9 or 10 (5) Enters upon the property of another and for a 11 lewd or unlawful purpose deliberately looks into a 12 dwelling on the property through any window or other 13 opening in it; or 14 (6) While acting as a collection agency as defined 15 in the "Collection Agency Act" or as an employee of such 16 collection agency, and while attempting to collect an 17 alleged debt, makes a telephone call to the alleged 18 debtor which is designed to harass, annoy or intimidate 19 the alleged debtor; or 20 (7) Transmits or causes to be transmitted a false 21 report to the Department of Children and Family Services 22 under Section 4 of the "Abused and Neglected Child 23 Reporting Act"; or 24 (8) Transmits or causes to be transmitted a false 25 report to the Department of Public Health under the 26 Nursing Home Care Act; or 27 (9) Transmits or causes to be transmitted in any 28 manner to the police department or fire department of any 29 municipality or fire protection district, or any 30 privately owned and operated ambulance service, a false 31 request for an ambulance, emergency medical 32 technician-ambulance or emergency medical 33 technician-paramedic knowing at the time there is no 34 reasonable ground for believing that such assistance is HB0708 Engrossed -772- LRB9203186EGfg 1 required; or 2 (10) Transmits or causes to be transmitted a false 3 report under Article II of "An Act in relation to victims 4 of violence and abuse", approved September 16, 1984, as 5 amended; or 6 (11) Transmits or causes to be transmitted a false 7 report to any public safety agency without the reasonable 8 grounds necessary to believe that transmitting such a 9 report is necessary for the safety and welfare of the 10 public; or 11 (12) Calls the number "911" for the purpose of 12 making or transmitting a false alarm or complaint and 13 reporting information when, at the time the call or 14 transmission is made, the person knows there is no 15 reasonable ground for making the call or transmission and 16 further knows that the call or transmission could result 17 in the emergency response of any public safety agency. 18 (b) Sentence.(1)A violation of subsection (a)(1) of 19 this Section is a Class C misdemeanor. A violation of 20 subsection (a)(5), (a)(7), (a)(11), or (a)(12) of this 21 Section is a Class A misdemeanor. A violation of subsection 22 (a)(8) or (a)(10) of this Section is a Class B misdemeanor. 23 A violation of subsection (a)(2), (a)(4), or (a)(9) of this 24 Section is a Class 4 felony. A violation of subsection 25 (a)(3) of this Section is a Class 3 felony, for which a fine 26 of not less than $3,000 and no more than $10,000 shall be 27 assessed in addition to any other penalty imposed. 28 A violation of subsection (a)(6) of this Section is a 29 Business Offense and shall be punished by a fine not to 30 exceed $3,000. A second or subsequent violation of 31 subsection (a)(7), (a)(11), or (a)(12) of this Section is a 32 Class 4 felony. A third or subsequent violation of 33 subsection (a)(5) of this Section is a Class 4 felony. 34 (c) In addition to any other sentence that may be HB0708 Engrossed -773- LRB9203186EGfg 1 imposed, a court shall order any person convicted of 2 disorderly conduct to perform community service for not less 3 than 30 and not more than 120 hours, if community service is 4 available in the jurisdiction and is funded and approved by 5 the county board of the county where the offense was 6 committed. In addition, whenever any person is placed on 7 supervision for an alleged offense under this Section, the 8 supervision shall be conditioned upon the performance of the 9 community service. 10 This subsection does not apply when the court imposes a 11 sentence of incarceration. 12 (Source: P.A. 90-456, eff. 1-1-98; 91-115, eff. 1-1-00; 13 91-121, eff. 7-15-99; revised 10-7-99.) 14 (720 ILCS 5/33C-5) (from Ch. 38, par. 33C-5) 15 Sec. 33C-5. Definitions. As used in this Article, 16 "minority owned business", "female owned business", "State 17 agency" and "certification" shall have the meanings ascribed 18 to them in Section 2 of theMinority and FemaleBusiness 19 Enterprise for Minorities, Females, and Persons with 20 Disabilities Act, approved September 6, 1984, as amended. 21 (Source: P.A. 84-192; revised 8-23-99.) 22 (720 ILCS 5/33E-2) (from Ch. 38, par. 33E-2) 23 Sec. 33E-2. Definitions. In this Act: 24 (a) "Public contract" means any contract for goods, 25 services or construction let to any person with or without 26 bid by any unit of State or local government. 27 (b) "Unit of State or local government" means the State, 28 any unit of state government or agency thereof, any county or 29 municipal government or committee or agency thereof, or any 30 other entity which is funded by or expends tax dollars or the 31 proceeds of publicly guaranteed bonds. 32 (c) "Change order" means a change in a contract term HB0708 Engrossed -774- LRB9203186EGfg 1 other than as specifically provided for in the contract which 2 authorizes or necessitates any increase or decrease in the 3 cost of the contract or the time to completion. 4 (d) "Person" means any individual, firm, partnership, 5 corporation, joint venture or other entity, but does not 6 include a unit of State or local government. 7 (e) "Person employed by any unit of State or local 8 government" means any employee of a unit of State or local 9 government and any person defined in subsection (d) who is 10 authorized by such unit of State or local government to act 11 on its behalf in relation to any public contract. 12 (f) "Sheltered market" has the meaning ascribed to it in 13 Section 8b of2 oftheMinority and FemaleBusiness 14 Enterprise for Minorities, Females, and Persons with 15 Disabilities Act, as now or hereafter amended. 16 (g) "Kickback" means any money, fee, commission, credit, 17 gift, gratuity, thing of value, or compensation of any kind 18 which is provided, directly or indirectly, to any prime 19 contractor, prime contractor employee, subcontractor, or 20 subcontractor employee for the purpose of improperly 21 obtaining or rewarding favorable treatment in connection with 22 a prime contract or in connection with a subcontract relating 23 to a prime contract. 24 (h) "Prime contractor" means any person who has entered 25 into a public contract. 26 (i) "Prime contractor employee" means any officer, 27 partner, employee, or agent of a prime contractor. 28 (i-5) "Stringing" means knowingly structuring a contract 29 or job order to avoid the contract or job order being subject 30 to competitive bidding requirements. 31 (j) "Subcontract" means a contract or contractual action 32 entered into by a prime contractor or subcontractor for the 33 purpose of obtaining goods or services of any kind under a 34 prime contract. HB0708 Engrossed -775- LRB9203186EGfg 1 (k) "Subcontractor" (1) means any person, other than the 2 prime contractor, who offers to furnish or furnishes any 3 goods or services of any kind under a prime contract or a 4 subcontract entered into in connection with such prime 5 contract; and (2) includes any person who offers to furnish 6 or furnishes goods or services to the prime contractor or a 7 higher tier subcontractor. 8 (l) "Subcontractor employee" means any officer, partner, 9 employee, or agent of a subcontractor. 10 (Source: P.A. 90-800, eff. 1-1-99; revised 8-23-99.) 11 Section 89. The Illinois Controlled Substances Act is 12 amended by changing Sections 401 and 407 as follows: 13 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401) 14 Sec. 401. Except as authorized by this Act, it is 15 unlawful for any person knowingly to: (i) manufacture or 16 deliver, or possess with intent to manufacture or deliver, a 17 controlled or counterfeit substance or controlled substance 18 analog or (ii) possess any methamphetamine manufacturing 19 chemical listed in paragraph (z-1) of Section 102 with the 20 intent to manufacture methamphetamine or the salt of an 21 optical isomer of methamphetamine or an analog thereof. A 22 violation of this Act with respect to each of the controlled 23 substances listed herein constitutes a single and separate 24 violation of this Act. For purposes of this Section, 25 "controlled substance analog" or "analog" means a substance 26 which is intended for human consumption, other than a 27 controlled substance, that has a chemical structure 28 substantially similar to that of a controlled substance in 29 Schedule I or II, or that was specifically designed to 30 produce an effect substantially similar to that of a 31 controlled substance in Schedule I or II. Examples of 32 chemical classes in which controlled substance analogs are HB0708 Engrossed -776- LRB9203186EGfg 1 found include, but are not limited to, the following: 2 phenethylamines, N-substituted piperidines, morphinans, 3 ecgonines, quinazolinones, substituted indoles, and 4 arylcycloalkylamines. For purposes of this Act, a controlled 5 substance analog shall be treated in the same manner as the 6 controlled substance to which it is substantially similar. 7 (a) Any person who violates this Section with respect to 8 the following amounts of controlled or counterfeit substances 9 or controlled substance analogs, notwithstanding any of the 10 provisions of subsections (c), (c-5), (d), (d-5), (e), (f), 11 (g) or (h) to the contrary, is guilty of a Class X felony and 12 shall be sentenced to a term of imprisonment as provided in 13 this subsection (a) and fined as provided in subsection (b): 14 (1) (A) not less than 6 years and not more than 30 15 years with respect to 15 grams or more but less than 16 100 grams of a substance containing heroin, or an 17 analog thereof; 18 (B) not less than 9 years and not more than 40 19 years with respect to 100 grams or more but less 20 than 400 grams of a substance containing heroin, or 21 an analog thereof; 22 (C) not less than 12 years and not more than 23 50 years with respect to 400 grams or more but less 24 than 900 grams of a substance containing heroin, or 25 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 heroin, or an analog thereof; 29 (2) (A) not less than 6 years and not more than 30 30 years with respect to 15 grams or more but less than 31 100 grams of a substance containing cocaine, or an 32 analog thereof; 33 (B) not less than 9 years and not more than 40 34 years with respect to 100 grams or more but less HB0708 Engrossed -777- LRB9203186EGfg 1 than 400 grams of a substance containing cocaine, or 2 an analog thereof; 3 (C) not less than 12 years and not more than 4 50 years with respect to 400 grams or more but less 5 than 900 grams of a substance containing cocaine, or 6 an analog thereof; 7 (D) not less than 15 years and not more than 8 60 years with respect to 900 grams or more of any 9 substance containing cocaine, or an analog thereof; 10 (3) (A) not less than 6 years and not more than 30 11 years with respect to 15 grams or more but less than 12 100 grams of a substance containing morphine, or an 13 analog thereof; 14 (B) not less than 9 years and not more than 40 15 years with respect to 100 grams or more but less 16 than 400 grams of a substance containing morphine, 17 or an analog thereof; 18 (C) not less than 12 years and not more than 19 50 years with respect to 400 grams or more but less 20 than 900 grams of a substance containing morphine, 21 or an analog thereof; 22 (D) not less than 15 years and not more than 23 60 years with respect to 900 grams or more of a 24 substance containing morphine, or an analog thereof; 25 (4) 200 grams or more of any substance containing 26 peyote, or an analog thereof; 27 (5) 200 grams or more of any substance containing a 28 derivative of barbituric acid or any of the salts of a 29 derivative of barbituric acid, or an analog thereof; 30 (6) 200 grams or more of any substance containing 31 amphetamine or any salt of an optical isomer of 32 amphetamine, or an analog thereof; 33 (6.5) (A) not less than 6 years and not more than 34 30 years with respect to 15 grams or more but less HB0708 Engrossed -778- LRB9203186EGfg 1 than 100 grams of a substance containing 2 methamphetamine or any salt of an optical isomer of 3 methamphetamine, or an analog thereof; 4 (B) not less than 9 years and not more than 40 5 years with respect to 100 grams or more but less 6 than 400 grams of a substance containing 7 methamphetamine or any salt of an optical isomer of 8 methamphetamine, or an analog thereof; 9 (C) not less than 12 years and not more than 10 50 years with respect to 400 grams or more but less 11 than 900 grams of a substance containing 12 methamphetamine or any salt of an optical isomer of 13 methamphetamine, or an analog thereof; 14 (D) not less than 15 years and not more than 15 60 years with respect to 900 grams or more of any 16 substance containing methamphetamine or any salt of 17 an optical isomer of methamphetamine, or an analog 18 thereof. 19 (6.6) (A) not less than 6 years and not more than 20 30 years for the possession of any methamphetamine 21 manufacturing chemical set forth in paragraph (z-1) 22 of Section 102 with intent to manufacture 30 grams 23 or more but less than 150 grams of any substance 24 containing methamphetamine, or salt of any optical 25 isomer of methamphetamine, or an analog thereof; 26 (B) not less than 6 years and not more than 40 27 years for the possession of any methamphetamine 28 manufacturing chemical set forth in paragraph (z-1) 29 of Section 102 with intent to manufacture 150 grams 30 or more but less than 500 grams of any substance 31 containing methamphetamine, or salt of an optical 32 isomer of methamphetamine, or an analog thereof; 33 (C) not less than 6 years and not more than 50 34 years for the possession of any methamphetamine HB0708 Engrossed -779- LRB9203186EGfg 1 manufacturing chemical set forth in paragraph (z-1) 2 of Section 102 with intent to manufacture 500 grams 3 or more but less than 1200 grams of any substance 4 containing methamphetamine, or salt of an optical 5 isomer of methamphetamine, or an analog thereof; 6 (D) not less than 6 years and not more than 60 7 years for the possession of any methamphetamine 8 manufacturing chemical set forth in paragraph (z-1) 9 of Section 102 with intent to manufacture 1200 grams 10 or more of any substance containing methamphetamine, 11 or salt of an optical isomer of methamphetamine, or 12 an analog thereof; 13 (7) (A) not less than 6 years and not more than 30 14 years with respect to: (i) 15 grams or more but less 15 than 100 grams of a substance containing lysergic 16 acid diethylamide (LSD), or an analog thereof, or 17 (ii) 15 or more objects or 15 or more segregated 18 parts of an object or objects but less than 200 19 objects or 200 segregated parts of an object or 20 objects containing in them or having upon them any 21 amounts of any substance containing lysergic acid 22 diethylamide (LSD), or an analog thereof; 23 (B) not less than 9 years and not more than 40 24 years with respect to: (i) 100 grams or more but 25 less than 400 grams of a substance containing 26 lysergic acid diethylamide (LSD), or an analog 27 thereof, or (ii) 200 or more objects or 200 or more 28 segregated parts of an object or objects but less 29 than 600 objects or less than 600 segregated parts 30 of an object or objects containing in them or having 31 upon them any amount of any substance containing 32 lysergic acid diethylamide (LSD), or an analog 33 thereof; 34 (C) not less than 12 years and not more than HB0708 Engrossed -780- LRB9203186EGfg 1 50 years with respect to: (i) 400 grams or more but 2 less than 900 grams of a substance containing 3 lysergic acid diethylamide (LSD), or an analog 4 thereof, or (ii) 600 or more objects or 600 or more 5 segregated parts of an object or objects but less 6 than 1500 objects or 1500 segregated parts of an 7 object or objects containing in them or having upon 8 them any amount of any substance containing lysergic 9 acid diethylamide (LSD), or an analog thereof; 10 (D) not less than 15 years and not more than 11 60 years with respect to: (i) 900 grams or more of 12 any substance containing lysergic acid diethylamide 13 (LSD), or an analog thereof, or (ii) 1500 or more 14 objects or 1500 or more segregated parts of an 15 object or objects containing in them or having upon 16 them any amount of a substance containing lysergic 17 acid diethylamide (LSD), or an analog thereof; 18 (8) 30 grams or more of any substance containing 19 pentazocine or any of the salts, isomers and salts of 20 isomers of pentazocine, or an analog thereof; 21 (9) 30 grams or more of any substance containing 22 methaqualone or any of the salts, isomers and salts of 23 isomers of methaqualone, or an analog thereof; 24 (10) 30 grams or more of any substance 25 containing phencyclidine or any of the salts, isomers 26 and salts of isomers of phencyclidine (PCP), or an 27 analog thereof; 28 (10.5) 30 grams or more of any substance containing 29 ketamine or any of the salts, isomers and salts of 30 isomers of ketamine, or an analog thereof; 31 (11) 200 grams or more of any substance containing 32 any other controlled substance classified in Schedules I 33 or II, or an analog thereof, which is not otherwise 34 included in this subsection. HB0708 Engrossed -781- LRB9203186EGfg 1 (b) Any person sentenced with respect to violations of 2 paragraph (1), (2), (3), (6.5), (6.6), or (7) of subsection 3 (a) involving 100 grams or more of the controlled substance 4 named therein, may in addition to the penalties provided 5 therein, be fined an amount not more than $500,000 or the 6 full street value of the controlled or counterfeit substance 7 or controlled substance analog, whichever is greater. The 8 term "street value" shall have the meaning ascribed in 9 Section 110-5 of the Code of Criminal Procedure of 1963. Any 10 person sentenced with respect to any other provision of 11 subsection (a), may in addition to the penalties provided 12 therein, be fined an amount not to exceed $500,000. 13 (c) Any person who violates this Section with regard to 14 the following amounts of controlled or counterfeit substances 15 or controlled substance analogs, notwithstanding any of the 16 provisions of subsections (a), (b), (d), (e), (f), (g) or (h) 17 to the contrary, is guilty of a Class 1 felony. The fine for 18 violation of this subsection (c) shall not be more than 19 $250,000: 20 (1) 10 or more grams but less than 15 grams of any 21 substance containing heroin, or an analog thereof; 22 (2) 1 gram or more but less than 15 grams of any 23 substance containing cocaine, or an analog thereof; 24 (3) 10 grams or more but less than 15 grams of any 25 substance containing morphine, or an analog thereof; 26 (4) 50 grams or more but less than 200 grams of any 27 substance containing peyote, or an analog thereof; 28 (5) 50 grams or more but less than 200 grams of any 29 substance containing a derivative of barbituric acid or 30 any of the salts of a derivative of barbituric acid, or 31 an analog thereof; 32 (6) 50 grams or more but less than 200 grams of any 33 substance containing amphetamine or any salt of an 34 optical isomer of amphetamine, or an analog thereof; HB0708 Engrossed -782- LRB9203186EGfg 1 (6.5) 5 grams or more but less than 15 grams of any 2 substance containing methamphetamine or any salt or 3 optical isomer of methamphetamine, or an analog thereof; 4 (7) (i) 5 grams or more but less than 15 grams of 5 any substance containing lysergic acid diethylamide 6 (LSD), or an analog thereof, or (ii) more than 10 objects 7 or more than 10 segregated parts of an object or objects 8 but less than 15 objects or less than 15 segregated parts 9 of an object containing in them or having upon them any 10 amount of any substance containing lysergic acid 11 diethylamide (LSD), or an analog thereof; 12 (8) 10 grams or more but less than 30 grams of any 13 substance containing pentazocine or any of the salts, 14 isomers and salts of isomers of pentazocine, or an analog 15 thereof; 16 (9) 10 grams or more but less than 30 grams of any 17 substance containing methaqualone or any of the salts, 18 isomers and salts of isomers of methaqualone, or an 19 analog thereof; 20 (10) 10 grams or more but less than 30 grams of any 21 substance containing phencyclidine or any of the salts, 22 isomers and salts of isomers of phencyclidine (PCP), or 23 an analog thereof; 24 (10.5) 10 grams or more but less than 30 grams of 25 any substance containing ketamine or any of the salts, 26 isomers and salts of isomers of ketamine, or an analog 27 thereof; 28 (11) 50 grams or more but less than 200 grams of 29 any substance containing a substance classified in 30 Schedules I or II, or an analog thereof, which is not 31 otherwise included in this subsection. 32 (c-5) Any person who violates this Section with regard 33 to possession of any methamphetamine manufacturing chemical 34 set forth in paragraph (z-1) of Section 102 with intent to HB0708 Engrossed -783- LRB9203186EGfg 1 manufacture 15 grams or more but less than 30 grams of 2 methamphetamine, or salt of an optical isomer of 3 methamphetamine or any analog thereof, is guilty of a Class 1 4 felony. The fine for violation of this subsection (c-5) 5 shall not be more than $250,000. 6 (d) Any person who violates this Section with regard to 7 any other amount of a controlled or counterfeit substance 8 classified in Schedules I or II, or an analog thereof, which 9 is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD) 10 or an analog thereof, or (iii) any substance containing 11 amphetamine or methamphetamine or any salt or optical isomer 12 of amphetamine or methamphetamine, or an analog thereof, is 13 guilty of a Class 2 felony. The fine for violation of this 14 subsection (d) shall not be more than $200,000. 15 (d-5) Any person who violates this Section with regard 16 to possession of any methamphetamine manufacturing chemical 17 set forth in paragraph (z-1) of Section 102 with intent to 18 manufacture less than 15 grams of methamphetamine, or salt of 19 an optical isomer of methamphetamine or any analog thereof, 20 is guilty of a Class 2 felony. The fine for violation of 21 this subsection (d-5) shall not be more than $200,000. 22 (e) Any person who violates this Section with regard to 23 any other amount of a controlled or counterfeit substance 24 classified in Schedule I or II, or an analog thereof, which 25 substance is not included under subsection (d) of this 26 Section, is guilty of a Class 3 felony. The fine for 27 violation of this subsection (e) shall not be more than 28 $150,000. 29 (f) Any person who violates this Section with regard to 30 any other amount of a controlled or counterfeit substance 31 classified in Schedule III is guilty of a Class 3 felony. The 32 fine for violation of this subsection (f) shall not be more 33 than $125,000. 34 (g) Any person who violates this Section with regard to HB0708 Engrossed -784- LRB9203186EGfg 1 any other amount of a controlled or counterfeit substance 2 classified in Schedule IV is guilty of a Class 3 felony. The 3 fine for violation of this subsection (g) shall not be more 4 than $100,000. 5 (h) Any person who violates this Section with regard to 6 any other amount of a controlled or counterfeit substance 7 classified in Schedule V is guilty of a Class 3 felony. The 8 fine for violation of this subsection (h) shall not be more 9 than $75,000. 10 (i) This Section does not apply to the manufacture, 11 possession or distribution of a substance in conformance with 12 the provisions of an approved new drug application or an 13 exemption for investigational use within the meaning of 14 Section 505 of the Federal Food, Drug and Cosmetic Act. 15 (Source: P.A. 90-382, eff. 8-15-97; 90-593, eff. 6-19-98; 16 90-674, eff. 1-1-99; 91-336, eff. 1-1-00; 91-357, eff. 17 7-29-99; 91-403, eff. 1-1-00; revised 8-30-99.) 18 (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407) 19 Sec. 407. (a) (1) Any person 18 years of age or over who 20 violates any subsection of Section 401 or subsection (b) of 21 Section 404 by delivering a controlled, counterfeit or 22 look-alike substance to a person under 18 years of age may be 23 sentenced to imprisonment for a term up to twice the maximum 24 term and fined an amount up to twice that amount otherwise 25 authorized by the pertinent subsection of Section 401 and 26 Subsection (b) of Section 404. 27 (2) Except as provided in paragraph (3) of this 28 subsection, any person who violates: 29 (A) subsection (c) of Section 401 by delivering or 30 possessing with intent to deliver a controlled, 31 counterfeit, or look-alike substance in or on, or within 32 1,000 feet of, a truck stop or safety rest area, is 33 guilty of a Class 1 felony, the fine for which shall not HB0708 Engrossed -785- LRB9203186EGfg 1 exceed $250,000; 2 (B) subsection (d) of Section 401 by delivering or 3 possessing with intent to deliver a controlled, 4 counterfeit, or look-alike substance in or on, or within 5 1,000 feet of, a truck stop or safety rest area, is 6 guilty of a Class 2 felony, the fine for which shall not 7 exceed $200,000; 8 (C) subsection (e) of Section 401 or subsection (b) 9 of Section 404 by delivering or possessing with intent to 10 deliver a controlled, counterfeit, or look-alike 11 substance in or on, or within 1,000 feet of, a truck stop 12 or safety rest area, is guilty of a Class 3 felony, the 13 fine for which shall not exceed $150,000; 14 (D) subsection (f) 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 3 felony, the fine for which shall not 19 exceed $125,000; 20 (E) subsection (g) of Section 401 by delivering or 21 possessing with intent to deliver a controlled, 22 counterfeit, or look-alike substance in or on, or within 23 1,000 feet of, a truck stop or safety rest area, is 24 guilty of a Class 3 felony, the fine for which shall not 25 exceed $100,000; 26 (F) subsection (h) 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 $75,000; 32 (3) Any person who violates paragraph (2) of this 33 subsection (a) by delivering or possessing with intent to 34 deliver a controlled, counterfeit, or look-alike substance in HB0708 Engrossed -786- LRB9203186EGfg 1 or on, or within 1,000 feet of a truck stop or a safety rest 2 area, following a prior conviction or convictions of 3 paragraph (2) of this subsection (a) may be sentenced to a 4 term of imprisonment up to 2 times the maximum term and fined 5 an amount up to 2 times the amount otherwise authorized by 6 Section 401. 7 (4) For the purposes of this subsection (a): 8 (A) "Safety rest area" means a roadside facility 9 removed from the roadway with parking and facilities 10 designed for motorists' rest, comfort, and information 11 needs; and 12 (B) "Truck stop" means any facility (and its 13 parking areas) used to provide fuel or service, or both, 14 to any commercial motor vehicle as defined in Section 15 18b-101 of the Illinois Vehicle Code. 16 (b) Any person who violates: 17 (1) subsection (c) of Section 401 in any school, or 18 any conveyance owned, leased or contracted by a school to 19 transport students to or from school or a school related 20 activity, or residential property owned, operated or 21 managed by a public housing agency or leased by a public 22 housing agency as part of a scattered site or 23 mixed-income development, or public park, on the real 24 property comprising any school or residential property 25 owned, operated or managed by a public housing agency or 26 leased by a public housing agency as part of a scattered 27 site or mixed-income development, or public park or 28 within 1,000 feet of the real property comprising any 29 school or residential property owned, operated or managed 30 by a public housing agency or leased by a public housing 31 agency as part of a scattered site or mixed-income 32 development, or public park, on the real property 33 comprising any church, synagogue, or other building, 34 structure, or place used primarily for religious worship, HB0708 Engrossed -787- LRB9203186EGfg 1 or within 1,000 feet of the real property comprising any 2 church, synagogue, or other building, structure, or place 3 used primarily for religious worship, on the real 4 property comprising any of the following places, 5 buildings, or structures used primarily for housing or 6 providing space for activities for senior citizens: 7 nursing homes, assisted-living centers, senior citizen 8 housing complexes, or senior centers oriented toward 9 daytime activities, or within 1,000 feet of the real 10 property comprising any of the following places, 11 buildings, or structures used primarily for housing or 12 providing space for activities for senior citizens: 13 nursing homes, assisted-living centers, senior citizen 14 housing complexes, or senior centers oriented toward 15 daytime activities is guilty of a Class X felony, the 16 fine for which shall not exceed $500,000; 17 (2) subsection (d) of Section 401 in any school, or 18 any conveyance owned, leased or contracted by a school to 19 transport students to or from school or a school related 20 activity, or residential property owned, operated or 21 managed by a public housing agency or leased by a public 22 housing agency as part of a scattered site or 23 mixed-income development, or public park, on the real 24 property comprising any school or residential property 25 owned, operated or managed by a public housing agency or 26 leased by a public housing agency as part of a scattered 27 site or mixed-income development, or public park or 28 within 1,000 feet of the real property comprising any 29 school or residential property owned, operated or managed 30 by a public housing agency or leased by a public housing 31 agency as part of a scattered site or mixed-income 32 development, or public park, on the real property 33 comprising any church, synagogue, or other building, 34 structure, or place used primarily for religious worship, HB0708 Engrossed -788- LRB9203186EGfg 1 or within 1,000 feet of the real property comprising any 2 church, synagogue, or other building, structure, or place 3 used primarily for religious worship, on the real 4 property comprising any of the following places, 5 buildings, or structures used primarily for housing or 6 providing space for activities for senior citizens: 7 nursing homes, assisted-living centers, senior citizen 8 housing complexes, or senior centers oriented toward 9 daytime activities, or within 1,000 feet of the real 10 property comprising any of the following places, 11 buildings, or structures used primarily for housing or 12 providing space for activities for senior citizens: 13 nursing homes, assisted-living centers, senior citizen 14 housing complexes, or senior centers oriented toward 15 daytime activities is guilty of a Class 1 felony, the 16 fine for which shall not exceed $250,000; 17 (3) subsection (e) of Section 401 or Subsection (b) 18 of Section 404 in any school, or any conveyance owned, 19 leased or contracted by a school to transport students to 20 or from school or a school related activity, or 21 residential property owned, operated or managed by a 22 public housing agency or leased by a public housing 23 agency as part of a scattered site or mixed-income 24 development, or public park, on the real property 25 comprising any school or residential property owned, 26 operated or managed by a public housing agency or leased 27 by a public housing agency as part of a scattered site or 28 mixed-income development, or public park or within 1,000 29 feet of the real property comprising any school or 30 residential property owned, operated or managed by a 31 public housing agency or leased by a public housing 32 agency as part of a scattered site or mixed-income 33 development, or public park, on the real property 34 comprising any church, synagogue, or other building, HB0708 Engrossed -789- LRB9203186EGfg 1 structure, or place used primarily for religious worship, 2 or within 1,000 feet of the real property comprising any 3 church, synagogue, or other building, structure, or place 4 used primarily for religious worship, on the real 5 property comprising any of the following places, 6 buildings, or structures used primarily for housing or 7 providing space for activities for senior citizens: 8 nursing homes, assisted-living centers, senior citizen 9 housing complexes, or senior centers oriented toward 10 daytime activities, or within 1,000 feet of the real 11 property comprising any of the following places, 12 buildings, or structures used primarily for housing or 13 providing space for activities for senior citizens: 14 nursing homes, assisted-living centers, senior citizen 15 housing complexes, or senior centers oriented toward 16 daytime activities is guilty of a Class 2 felony, the 17 fine for which shall not exceed $200,000; 18 (4) subsection (f) of Section 401 in any school, or 19 any conveyance owned, leased or contracted by a school to 20 transport students to or from school or a school related 21 activity, or residential property owned, operated or 22 managed by a public housing agency or leased by a public 23 housing agency as part of a scattered site or 24 mixed-income development, or public park, on the real 25 property comprising any school or residential property 26 owned, operated or managed by a public housing agency or 27 leased by a public housing agency as part of a scattered 28 site or mixed-income development, or public park or 29 within 1,000 feet of the real property comprising any 30 school or residential property owned, operated or managed 31 by a public housing agency or leased by a public housing 32 agency as part of a scattered site or mixed-income 33 development, or public park, on the real property 34 comprising any church, synagogue, or other building, HB0708 Engrossed -790- LRB9203186EGfg 1 structure, or place used primarily for religious worship, 2 or within 1,000 feet of the real property comprising any 3 church, synagogue, or other building, structure, or place 4 used primarily for religious worship, on the real 5 property comprising any of the following places, 6 buildings, or structures used primarily for housing or 7 providing space for activities for senior citizens: 8 nursing homes, assisted-living centers, senior citizen 9 housing complexes, or senior centers oriented toward 10 daytime activities, or within 1,000 feet of the real 11 property comprising any of the following places, 12 buildings, or structures used primarily for housing or 13 providing space for activities for senior citizens: 14 nursing homes, assisted-living centers, senior citizen 15 housing complexes, or senior centers oriented toward 16 daytime activities is guilty of a Class 2 felony, the 17 fine for which shall not exceed $150,000; 18 (5) subsection (g) of Section 401 in any school, or 19 any conveyance owned, leased or contracted by a school to 20 transport students to or from school or a school related 21 activity, or residential property owned, operated or 22 managed by a public housing agency or leased by a public 23 housing agency as part of a scattered site or 24 mixed-income development, or public park, on the real 25 property comprising any school or residential property 26 owned, operated or managed by a public housing agency or 27 leased by a public housing agency as part of a scattered 28 site or mixed-income development, or public park or 29 within 1,000 feet of the real property comprising any 30 school or residential property owned, operated or managed 31 by a public housing agency or leased by a public housing 32 agency as part of a scattered site or mixed-income 33 development, or public park, on the real property 34 comprising any church, synagogue, or other building, HB0708 Engrossed -791- LRB9203186EGfg 1 structure, or place used primarily for religious worship, 2 or within 1,000 feet of the real property comprising any 3 church, synagogue, or other building, structure, or place 4 used primarily for religious worship, on the real 5 property comprising any of the following places, 6 buildings, or structures used primarily for housing or 7 providing space for activities for senior citizens: 8 nursing homes, assisted-living centers, senior citizen 9 housing complexes, or senior centers oriented toward 10 daytime activities, or within 1,000 feet of the real 11 property comprising any of the following places, 12 buildings, or structures used primarily for housing or 13 providing space for activities for senior citizens: 14 nursing homes, assisted-living centers, senior citizen 15 housing complexes, or senior centers oriented toward 16 daytime activities is guilty of a Class 2 felony, the 17 fine for which shall not exceed $125,000; 18 (6) subsection (h) of Section 401 in any school, or 19 any conveyance owned, leased or contracted by a school to 20 transport students to or from school or a school related 21 activity, or residential property owned, operated or 22 managed by a public housing agency or leased by a public 23 housing agency as part of a scattered site or 24 mixed-income development, or public park, on the real 25 property comprising any school or residential property 26 owned, operated or managed by a public housing agency or 27 leased by a public housing agency as part of a scattered 28 site or mixed-income development, or public park or 29 within 1,000 feet of the real property comprising any 30 school or residential property owned, operated or managed 31 by a public housing agency or leased by a public housing 32 agency as part of a scattered site or mixed-income 33 development, or public park, on the real property 34 comprising any church, synagogue, or other building, HB0708 Engrossed -792- LRB9203186EGfg 1 structure, or place used primarily for religious worship, 2 or within 1,000 feet of the real property comprising any 3 church, synagogue, or other building, structure, or place 4 used primarily for religious worship, on the real 5 property comprising any of the following places, 6 buildings, or structures used primarily for housing or 7 providing space for activities for senior citizens: 8 nursing homes, assisted-living centers, senior citizen 9 housing complexes, or senior centers oriented toward 10 daytime activities, or within 1,000 feet of the real 11 property comprising any of the following places, 12 buildings, or structures used primarily for housing or 13 providing space for activities for senior citizens: 14 nursing homes, assisted-living centers, senior citizen 15 housing complexes, or senior centers oriented toward 16 daytime activities is guilty of a Class 2 felony, the 17 fine for which shall not exceed $100,000. 18 (c) Regarding penalties prescribed in subsection (b) for 19 violations committed in a school or on or within 1,000 feet 20 of school property, the time of day, time of year and whether 21 classes were currently in session at the time of the offense 22 is irrelevant. 23 (Source: P.A. 89-451, eff. 1-1-97; 90-164, eff. 1-1-98; 24 91-353, eff. 1-1-00; 91-673, eff. 12-22-99; revised 1-12-00.) 25 Section 90. The Code of Criminal Procedure of 1963 is 26 amended by changing Sections 110-7 and 114-1 as follows: 27 (725 ILCS 5/110-7) (from Ch. 38, par. 110-7) 28 Sec. 110-7. Deposit of Bail Security. 29 (a) The person for whom bail has been set shall execute 30 the bail bond and deposit with the clerk of the court before 31 which the proceeding is pending a sum of money equal to 10% 32 of the bail, but in no event shall such deposit be less than HB0708 Engrossed -793- LRB9203186EGfg 1 $25. The clerk of the court shall provide a space on each 2 form for a person other than the accused who has provided the 3 money for the posting of bail to so indicate and a space 4 signed by an accused who has executed the bail bond 5 indicating whether a person other than the accused has 6 provided the money for the posting of bail. The form shall 7 also include a written notice to such person who has provided 8 the defendant with the money for the posting of bail 9 indicating that the bail may be used to pay costs, attorney's 10 fees, fines, or other purposes authorized by the court and if 11 the defendant fails to comply with the conditions of the bail 12 bond, the court shall enter an order declaring the bail to be 13 forfeited. The written notice must be: (1) distinguishable 14 from the surrounding text; (2) in bold type or underscored; 15 and (3) in a type size at least 2 points larger than the 16 surrounding type. When a person for whom bail has been set 17 is charged with an offense under the "Illinois Controlled 18 Substances Act" which is a Class X felony, the court may 19 require the defendant to deposit a sum equal to 100% of the 20 bail. Where any person is charged with a forcible felony 21 while free on bail and is the subject of proceedings under 22 Section 109-3 of this Code the judge conducting the 23 preliminary examination may also conduct a hearing upon the 24 application of the State pursuant to the provisions of 25 Section 110-6 of this Code to increase or revoke the bail for 26 that person's prior alleged offense. 27 (b) Upon depositing this sum and any bond fee authorized 28 by law, the person shall be released from custody subject to 29 the conditions of the bail bond. 30 (c) Once bail has been given and a charge is pending or 31 is thereafter filed in or transferred to a court of competent 32 jurisdiction the latter court shall continue the original 33 bail in that court subject to the provisions of Section 110-6 34 of this Code. HB0708 Engrossed -794- LRB9203186EGfg 1 (d) After conviction the court may order that the 2 original bail stand as bail pending appeal or deny, increase 3 or reduce bail subject to the provisions of Section 110-6.2. 4 (e) After the entry of an order by the trial court 5 allowing or denying bail pending appeal either party may 6 apply to the reviewing court having jurisdiction or to a 7 justice thereof sitting in vacation for an order increasing 8 or decreasing the amount of bail or allowing or denying bail 9 pending appeal subject to the provisions of Section 110-6.2. 10 (f) When the conditions of the bail bond have been 11 performed and the accused has been discharged from all 12 obligations in the cause the clerk of the court shall return 13 to the accused or to the defendant's designee by an 14 assignment executed at the time the bail amount is deposited, 15 unless the court orders otherwise, 90% of the sum which had 16 been deposited and shall retain as bail bond costs 10% of the 17 amount deposited. However, in no event shall the amount 18 retained by the clerk as bail bond costs be less than $5. 19 Bail bond deposited by or on behalf of a defendant in one 20 case may be used, in the court's discretion, to satisfy 21 financial obligations of that same defendant incurred in a 22 different case due to a fine, court costs, restitution or 23 fees of the defendant's attorney of record. The court shall 24 not order bail bond deposited by or on behalf of a defendant 25 in one case to be used to satisfy financial obligations of 26 that same defendant in a different case until the bail bond 27 is first used to satisfy court costs in the case in which the 28 bail bond has been deposited. 29 At the request of the defendant the court may order such 30 90% of defendant's bail deposit, or whatever amount is 31 repayable to defendant from such deposit, to be paid to 32 defendant's attorney of record. 33 (g) If the accused does not comply with the conditions 34 of the bail bond the court having jurisdiction shall enter an HB0708 Engrossed -795- LRB9203186EGfg 1 order declaring the bail to be forfeited. Notice of such 2 order of forfeiture shall be mailed forthwith to the accused 3 at his last known address. If the accused does not appear 4 and surrender to the court having jurisdiction within 30 days 5 from the date of the forfeiture or within such period satisfy 6 the court that appearance and surrender by the accused is 7 impossible and without his fault the court shall enter 8 judgment for the State if the charge for which the bond was 9 given was a felony or misdemeanor, or if the charge was 10 quasi-criminal or traffic, judgment for the political 11 subdivision of the State which prosecuted the case, against 12 the accused for the amount of the bail and costs of the court 13 proceedings; however, in counties with a population of less 14 than 3,000,000, instead of the court entering a judgment for 15 the full amount of the bond the court may, in its discretion, 16 enter judgment for the cash deposit on the bond, less costs, 17 retain the deposit for further disposition or, if a cash bond 18 was posted for failure to appear in a matter involving 19 enforcement of child support or maintenance, the amount of 20 the cash deposit on the bond, less outstanding costs, may be 21 awarded to the person or entity to whom the child support or 22 maintenance is due. The deposit made in accordance with 23 paragraph (a) shall be applied to the payment of costs. If 24 judgment is entered and any amount of such deposit remains 25 after the payment of costs it shall be applied to payment of 26 the judgment and transferred to the treasury of the municipal 27 corporation wherein the bond was taken if the offense was a 28 violation of any penal ordinance of a political subdivision 29 of this State, or to the treasury of the county wherein the 30 bond was taken if the offense was a violation of any penal 31 statute of this State. The balance of the judgment may be 32 enforced and collected in the same manner as a judgment 33 entered in a civil action. 34 (h) After a judgment for a fine and court costs or HB0708 Engrossed -796- LRB9203186EGfg 1 either is entered in the prosecution of a cause in which a 2 deposit had been made in accordance with paragraph (a) the 3 balance of such deposit, after deduction of bail bond costs, 4 shall be applied to the payment of the judgment. 5 (Source: P.A. 91-94, eff. 1-1-00; 91-183, eff. 1-1-00; 6 revised 10-7-99.) 7 (725 ILCS 5/114-1) (from Ch. 38, par. 114-1) 8 Sec. 114-1. Motion to dismiss charge. 9 (a) Upon the written motion of the defendant made prior 10 to trial before or after a plea has been entered the court 11 may dismiss the indictment, information or complaint upon any 12 of the following grounds: 13 (1) The defendant has not been placed on trial in 14 compliance with Section 103-5 of this Code.;15 (2) The prosecution of the offense is barred by 16 Sections 3-3 through 3-8 of the"Criminal Code of 1961",17approved July 28, 1961, as heretofore and hereafter 18 amended.;19 (3) The defendant has received immunity from 20 prosecution for the offense charged.;21 (4) The indictment was returned by a Grand Jury 22 which was improperly selected and which results in 23 substantial injustice to the defendant.;24 (5) The indictment was returned by a Grand Jury 25 which acted contrary to Article 112 of this Code and 26 which results in substantial injustice to the defendant.;27 (6) The court in which the charge has been filed 28 does not have jurisdiction.;29 (7) The county is an improper place of trial.;30 (8) The charge does not state an offense.;31 (9) The indictment is based solely upon the 32 testimony of an incompetent witness.;33 (10) The defendant is misnamed in the charge and HB0708 Engrossed -797- LRB9203186EGfg 1 the misnomer results in substantial injustice to the 2 defendant. 3 (11) The requirements of Section 109-3.1 have not 4 been complied with. 5 (b) The court shall require any motion to dismiss to be 6 filed within a reasonable time after the defendant has been 7 arraigned. Any motion not filed within such time or an 8 extension thereof shall not be considered by the court and 9 the grounds therefor, except as to subsections (a)(6) and 10 (a)(8) of this Section, are waived. 11 (c) If the motion presents only an issue of law the 12 court shall determine it without the necessity of further 13 pleadings. If the motion alleges facts not of record in the 14 case the State shall file an answer admitting or denying each 15 of the factual allegations of the motion. 16 (d) When an issue of fact is presented by a motion to 17 dismiss and the answer of the State the court shall conduct a 18 hearing and determine the issues. 19 (d-5) When a defendant seeks dismissal of the charge 20 upon the ground set forth in subsection (a)(7) of this 21 Section, the defendant shall make a prima facie showing that 22 the county is an improper place of trial. Upon such showing, 23 the State shall have the burden of proving, by a 24 preponderance of the evidence, that the county is the proper 25 place of trial. 26 (e) Dismissal of the charge upon the grounds set forth 27 in subsections (a)(4) through (a)(11) of this Section shall 28 not prevent the return of a new indictment or the filing of a 29 new charge, and upon such dismissal the court may order that 30 the defendant be held in custody or, if the defendanthehad 31 been previously released on bail, that thehisbail be 32 continued for a specified time pending the return of a new 33 indictment or the filing of a new charge. 34 (f) If the court determines that the motion to dismiss HB0708 Engrossed -798- LRB9203186EGfg 1 based upon the grounds set forth in subsections (a)(6) and 2 (a)(7) is well founded it may, instead of dismissal, order 3 the cause transferred to a court of competent jurisdiction or 4 to a proper place of trial. 5 (Source: P.A. 89-288, eff. 8-11-95; revised 2-23-00.) 6 Section 90.5. The Sexually Violent Persons Commitment 7 Act is amended by changing Section 15 as follows: 8 (725 ILCS 207/15) 9 Sec. 15. Sexually violent person petition; contents; 10 filing. 11 (a) A petition alleging that a person is a sexually 12 violent person may be filed by: 13 (1) The Attorney General, at the request of the 14 agency with jurisdiction over the person, as defined in 15 subsection (a) of Section 10 of this Act, or on his or 16 her own motion. If the Attorney General, after 17 consulting with and advising the State's Attorney of the 18 county referenced in paragraph (a)(2) of this Section, 19 decides to file a petition under this Section, he or she 20 shall file the petition before the date of the release or 21 discharge of the person or within 30 days of placement 22 onto parole or mandatory supervised release for an 23 offense enumerated in paragraph (e) of Section 5 of this 24 Act. 25 (2) If the Attorney General does not file a 26 petition under this Section, the State's Attorney of the 27 county in which the person was convicted of a sexually 28 violent offense, adjudicated delinquent for a sexually 29 violent offense or found not guilty of or not responsible 30 for a sexually violent offense by reason of insanity, 31 mental disease, or mental defect may file a petition. 32 (3) The Attorney General and the State's Attorney HB0708 Engrossed -799- LRB9203186EGfg 1 referenced in paragraph (a)(2) of this Section jointly. 2 (b) A petition filed under this Section shall allege 3 that all of the following apply to the person alleged to be a 4 sexually violent person: 5 (1) The person satisfies any of the following 6 criteria: 7 (A) The person has been convicted of a 8 sexually violent offense; 9 (B) The person has been found delinquent for a 10 sexually violent offense; or 11 (C) The person has been found not guilty of a 12 sexually violent offense by reason of insanity, 13 mental disease, or mental defect. 14 (2) (Blank;). 15 (3) (Blank;). 16 (4) The person has a mental disorder. 17 (5) The person is dangerous to others because the 18 person's mental disorder creates a substantial 19 probability that he or she will engage in acts of sexual 20 violence. 21 (b-5) The petition must be filed: 22 (1) No more than 90 days before discharge or entry 23 into mandatory supervised release from a Department of 24 Corrections correctional facility for a sentence that was 25 imposed upon a conviction for a sexually violent offense, 26 or for a sentence that is being served concurrently or 27 consecutively with a sexually violent offense, and no 28 more than 30 days after the person's entry into parole or 29 mandatory supervised release; or 30 (2) No more than 90 days before discharge or 31 release: 32 (A) from a Department of Corrections juvenile 33 correctional facility if the person was placed in 34 the facility for being adjudicated delinquent under HB0708 Engrossed -800- LRB9203186EGfg 1 Section 5-20 of the Juvenile Court Act of 1987 or 2 found guilty under Section 5-620 of that Act on the 3 basis of a sexually violent offense; or 4 (B) from a commitment order that was entered 5 as a result of a sexually violent offense. 6 (c) A petition filed under this Section shall state with 7 particularity essential facts to establish probable cause to 8 believe the person is a sexually violent person. If the 9 petition alleges that a sexually violent offense or act that 10 is a basis for the allegation under paragraph (b)(1) of this 11 Section was an act that was sexually motivated as provided 12 under paragraph (e)(2) of Section 5 of this Act, the petition 13 shall state the grounds on which the offense or act is 14 alleged to be sexually motivated. 15 (d) A petition under this Section shall be filed in 16 either of the following: 17 (1) The circuit court for the county in which the 18 person was convicted of a sexually violent offense, 19 adjudicated delinquent for a sexually violent offense or 20 found not guilty of a sexually violent offense by reason 21 of insanity, mental disease or mental defect. 22 (2) The circuit court for the county in which the 23 person is in custody under a sentence, a placement to a 24 Department of Corrections correctional facility or 25 juvenile correctional facility, or a commitment order. 26 (Source: P.A. 90-40, eff. 1-1-98; 90-793, eff. 8-14-98; 27 91-227, eff. 1-1-00; 91-357, eff. 7-29-99; revised 10-20-00.) 28 Section 91. The Unified Code of Corrections is amended by 29 changing Sections 5-4-3, 5-5-6, 5-8-1, and 5-8-4 as follows: 30 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3) 31 Sec. 5-4-3. Persons convicted of, or found delinquent 32 for, qualifying offenses or institutionalized as sexually HB0708 Engrossed -801- LRB9203186EGfg 1 dangerous; blood specimens; genetic marker groups. 2 (a) Any person convicted of, found guilty under the 3 Juvenile Court Act of 1987 for, or who received a disposition 4 of court supervision for, a qualifying offense or attempt of 5 a qualifying offense, or institutionalized as a sexually 6 dangerous person under the Sexually Dangerous Persons Act, or 7 committed as a sexually violent person under the Sexually 8 Violent Persons Commitment Act shall, regardless of the 9 sentence or disposition imposed, be required to submit 10 specimens of blood to the Illinois Department of State Police 11 in accordance with the provisions of this Section, provided 12 such person is: 13 (1) convicted of a qualifying offense or attempt of 14 a qualifying offense on or after the effective date of 15 this amendatory Act of 1989, and sentenced to a term of 16 imprisonment, periodic imprisonment, fine, probation, 17 conditional discharge or any other form of sentence, or 18 given a disposition of court supervision for the offense, 19 or 20 (1.5) found guilty or given supervision under the 21 Juvenile Court Act of 1987 for a qualifying offense or 22 attempt of a qualifying offense on or after the effective 23 date of this amendatory Act of 1996, or 24 (2) ordered institutionalized as a sexually 25 dangerous person on or after the effective date of this 26 amendatory Act of 1989, or 27 (3) convicted of a qualifying offense or attempt of 28 a qualifying offense before the effective date of this 29 amendatory Act of 1989 and is presently confined as a 30 result of such conviction in any State correctional 31 facility or county jail or is presently serving a 32 sentence of probation, conditional discharge or periodic 33 imprisonment as a result of such conviction, or 34 (4) presently institutionalized as a sexually HB0708 Engrossed -802- LRB9203186EGfg 1 dangerous person or presently institutionalized as a 2 person found guilty but mentally ill of a sexual offense 3 or attempt to commit a sexual offense; or 4 (4.5) ordered committed as a sexually violent 5 person on or after the effective date of the Sexually 6 Violent Persons Commitment Act; or 7 (5) seeking transfer to or residency in Illinois 8 under Sections 3-3-11 through 3-3-11.5 of the Unified 9 Code of Corrections (Interstate Compact for the 10 Supervision of Parolees and Probationers) or the 11 Interstate Agreements on Sexually Dangerous Persons Act. 12 (a-5) Any person who was otherwise convicted of or 13 received a disposition of court supervision for any other 14 offense under the Criminal Code of 1961 or any offense 15 classified as a felony under Illinois law or who was found 16 guilty or given supervision for such a violation under the 17 Juvenile Court Act of 1987, may, regardless of the sentence 18 imposed, be required by an order of the court to submit 19 specimens of blood to the Illinois Department of State Police 20 in accordance with the provisions of this Section. 21 (b) Any person required by paragraphs (a)(1), (a)(1.5), 22 (a)(2), and (a-5) to provide specimens of blood shall provide 23 specimens of blood within 45 days after sentencing or 24 disposition at a collection site designated by the Illinois 25 Department of State Police. 26 (c) Any person required by paragraphs (a)(3), (a)(4), 27 and (a)(4.5) to provide specimens of blood shall be required 28 to provide such samples prior to final discharge, parole, or 29 release at a collection site designated by the Illinois 30 Department of State Police. 31 (c-5) Any person required by paragraph (a)(5) to provide 32 specimens of blood shall, where feasible, be required to 33 provide the specimens before being accepted for conditioned 34 residency in Illinois under the interstate compact or HB0708 Engrossed -803- LRB9203186EGfg 1 agreement, but no later than 45 days after arrival in this 2 State. 3 (d) The Illinois Department of State Police shall 4 provide all equipment and instructions necessary for the 5 collection of blood samples. The collection of samples shall 6 be performed in a medically approved manner. Only a 7 physician authorized to practice medicine, a registered nurse 8 or other qualified person trained in venipuncture may 9 withdraw blood for the purposes of this Act. The samples 10 shall thereafter be forwarded to the Illinois Department of 11 State Police, Division of Forensic Services, for analysis and 12 categorizing into genetic marker groupings. 13 (e) The genetic marker groupings shall be maintained by 14 the Illinois Department of State Police, Division of Forensic 15 Services. 16 (f) The genetic marker grouping analysis information 17 obtained pursuant to this Act shall be confidential and shall 18 be released only to peace officers of the United States, of 19 other states or territories, of the insular possessions of 20 the United States, of foreign countries duly authorized to 21 receive the same, to all peace officers of the State of 22 Illinois and to all prosecutorial agencies. Notwithstanding 23 any other statutory provision to the contrary, all 24 information obtained under this Section shall be maintained 25 in a single State data base, which may be uploaded into a 26 national database, and may not be subject to expungement. 27 (g) For the purposes of this Section, "qualifying 28 offense" means any of the following: 29 (1) Any violation or inchoate violation of Section 30 11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 31 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or 32 12-33 of the Criminal Code of 1961, or 33 (1.1) Any violation or inchoate violation of 34 Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, HB0708 Engrossed -804- LRB9203186EGfg 1 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961 2 committed on or after July 1, 2001, or 3 (2) Any former statute of this State which defined 4 a felony sexual offense, or 5 (3) Any violation of paragraph (10) of subsection 6 (b) of Section 10-5 of the Criminal Code of 1961 when the 7 sentencing court, upon a motion by the State's Attorney 8 or Attorney General, makes a finding that the child 9 luring involved an intent to commit sexual penetration or 10 sexual conduct as defined in Section 12-12 of the 11 Criminal Code of 1961. 12 (g-5) The Department of State Police is not required to 13 accept or process blood specimens from individuals convicted 14 of any offense listed in paragraph (1.1) of subsection (g), 15 until acquisition of the resources necessary to process such 16 blood specimens, or until July 1, 2003, whichever is earlier. 17 Upon acquisition of necessary resources, including an 18 appropriation for the purpose of implementing this amendatory 19 Act of the 91st General Assembly, but no later than July 1, 20 2003, the Department of State Police shall notify the 21 Department of Corrections, the Administrative Office of the 22 Illinois Courts, and any other entity deemed appropriate by 23 the Department of State Police, that the Department is 24 prepared to receive and process blood specimens from 25 individuals convicted of offenses enumerated in paragraph 26 (1.1) of subsection (g). 27 (h) The Illinois Department of State Police shall be the 28 State central repository for all genetic marker grouping 29 analysis information obtained pursuant to this Act. The 30 Illinois Department of State Police may promulgate rules for 31 the form and manner of the collection of blood samples and 32 other procedures for the operation of this Act. The 33 provisions of the Administrative Review Law shall apply to 34 all actions taken under the rules so promulgated. HB0708 Engrossed -805- LRB9203186EGfg 1 (i) A person required to provide a blood specimen shall 2 cooperate with the collection of the specimen and any 3 deliberate act by that person intended to impede, delay or 4 stop the collection of the blood specimen is a Class A 5 misdemeanor. 6 (j) Any person required by subsection (a) to submit 7 specimens of blood to the Illinois Department of State Police 8 for analysis and categorization into genetic marker grouping, 9 in addition to any other disposition, penalty, or fine 10 imposed, shall pay an analysis fee of $500. Upon verified 11 petition of the person, the court may suspend payment of all 12 or part of the fee if it finds that the person does not have 13 the ability to pay the fee. 14 (k) All analysis and categorization fees provided for by 15 subsection (j) shall be regulated as follows: 16 (1) The State Offender DNA Identification System 17 Fund is hereby created as a special fund in the State 18 Treasury. 19 (2) All fees shall be collected by the clerk of the 20 court and forwarded to the State Offender DNA 21 Identification System Fund for deposit. The clerk of the 22 circuit court may retain the amount of $10 from each 23 collected analysis fee to offset administrative costs 24 incurred in carrying out the clerk's responsibilities 25 under this Section. 26 (3) Fees deposited into the State Offender DNA 27 Identification System Fund shall be used by Illinois 28 State Police crime laboratories as designated by the 29 Director of State Police. These funds shall be in 30 addition to any allocations made pursuant to existing 31 laws and shall be designated for the exclusive use of 32 State crime laboratories. These uses may include, but 33 are not limited to, the following: 34 (A) Costs incurred in providing analysis and HB0708 Engrossed -806- LRB9203186EGfg 1 genetic marker categorization as required by 2 subsection (d). 3 (B) Costs incurred in maintaining genetic 4 marker groupings as required by subsection (e). 5 (C) Costs incurred in the purchase and 6 maintenance of equipment for use in performing 7 analyses. 8 (D) Costs incurred in continuing research and 9 development of new techniques for analysis and 10 genetic marker categorization. 11 (E) Costs incurred in continuing education, 12 training, and professional development of forensic 13 scientists regularly employed by these laboratories. 14 (l)(1)The failure of a person to provide a specimen, 15 or of any person or agency to collect a specimen, within the 16 45 day period shall in no way alter the obligation of the 17 person to submit such specimen, or the authority of the 18 Illinois Department of State Police or persons designated by 19 the Department to collect the specimen, or the authority of 20 the Illinois Department of State Police to accept, analyze 21 and maintain the specimen or to maintain or upload results of 22 genetic marker grouping analysis information into a State or 23 national database. 24 (Source: P.A. 90-124, eff. 1-1-98; 90-130, eff. 1-1-98; 25 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; 91-528, eff. 26 1-1-00; revised 6-13-00.) 27 (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6) 28 Sec. 5-5-6. In all convictions for offenses in violation 29 of the Criminal Code of 1961 in which the person received any 30 injury to their person or damage to their real or personal 31 property as a result of the criminal act of the defendant, 32 the court shall order restitution as provided in this 33 Section. In all other cases, except cases in which HB0708 Engrossed -807- LRB9203186EGfg 1 restitution is required under this Section, the court must at 2 the sentence hearing determine whether restitution is an 3 appropriate sentence to be imposed on each defendant 4 convicted of an offense. If the court determines that an 5 order directing the offender to make restitution is 6 appropriate, the offender may be sentenced to make 7 restitution. If the offender is sentenced to make 8 restitution the Court shall determine the restitution as 9 hereinafter set forth: 10 (a) At the sentence hearing, the court shall 11 determine whether the property may be restored in kind to 12 the possession of the owner or the person entitled to 13 possession thereof; or whether the defendant is possessed 14 of sufficient skill to repair and restore property 15 damaged; or whether the defendant should be required to 16 make restitution in cash, for out-of-pocket expenses, 17 damages, losses, or injuries found to have been 18 proximately caused by the conduct of the defendant or 19 another for whom the defendant is legally accountable 20 under the provisions of Article V of the Criminal Code of 21 1961. 22 (b) In fixing the amount of restitution to be paid 23 in cash, the court shall allow credit for property 24 returned in kind, for property damages ordered to be 25 repaired by the defendant, and for property ordered to be 26 restored by the defendant; and after granting the credit, 27 the court shall assess the actual out-of-pocket expenses, 28 losses, damages, and injuries suffered by the victim 29 named in the charge and any other victims who may also 30 have suffered out-of-pocket expenses, losses, damages, 31 and injuries proximately caused by the same criminal 32 conduct of the defendant, and insurance carriers who have 33 indemnified the named victim or other victims for the 34 out-of-pocket expenses, losses, damages, or injuries, HB0708 Engrossed -808- LRB9203186EGfg 1 provided that in no event shall restitution be ordered to 2 be paid on account of pain and suffering. If a defendant 3 is placed on supervision for, or convicted of, domestic 4 battery, the defendant shall be required to pay 5 restitution to any domestic violence shelter in which the 6 victim and any other family or household members lived 7 because of the domestic battery. The amount of the 8 restitution shall equal the actual expenses of the 9 domestic violence shelter in providing housing and any 10 other services for the victim and any other family or 11 household members living at the shelter. If a defendant 12 fails to pay restitution in the manner or within the time 13 period specified by the court, the court may enter an 14 order directing the sheriff to seize any real or personal 15 property of a defendant to the extent necessary to 16 satisfy the order of restitution and dispose of the 17 property by public sale. All proceeds from such sale in 18 excess of the amount of restitution plus court costs and 19 the costs of the sheriff in conducting the sale shall be 20 paid to the defendant. The defendant convicted of 21 domestic battery, if a person under 18 years of age who 22 is the child of the offender or of the victim was present 23 and witnessed the domestic battery of the victim, is 24 liable to pay restitution for the cost of any counseling 25 required for the child at the discretion of the court. 26 (c) In cases where more than one defendant is 27 accountable for the same criminal conduct that results in 28 out-of-pocket expenses, losses, damages, or injuries, 29 each defendant shall be ordered to pay restitution in the 30 amount of the total actual out-of-pocket expenses, 31 losses, damages, or injuries to the victim proximately 32 caused by the conduct of all of the defendants who are 33 legally accountable for the offense. 34 (1) In no event shall the victim be entitled HB0708 Engrossed -809- LRB9203186EGfg 1 to recover restitution in excess of the actual 2 out-of-pocket expenses, losses, damages, or 3 injuries, proximately caused by the conduct of all 4 of the defendants. 5 (2) As between the defendants, the court may 6 apportion the restitution that is payable in 7 proportion to each co-defendant's culpability in the 8 commission of the offense. 9 (3) In the absence of a specific order 10 apportioning the restitution, each defendant shall 11 bear his pro rata share of the restitution. 12 (4) As between the defendants, each defendant 13 shall be entitled to a pro rata reduction in the 14 total restitution required to be paid to the victim 15 for amounts of restitution actually paid by 16 co-defendants, and defendants who shall have paid 17 more than their pro rata share shall be entitled to 18 refunds to be computed by the court as additional 19 amounts are paid by co-defendants. 20 (d) In instances where a defendant has more than 21 one criminal charge pending against him in a single case, 22 or more than one case, and the defendant stands convicted 23 of one or more charges, a plea agreement negotiated by 24 the State's Attorney and the defendants may require the 25 defendant to make restitution to victims of charges that 26 have been dismissed or which it is contemplated will be 27 dismissed under the terms of the plea agreement, and 28 under the agreement, the court may impose a sentence of 29 restitution on the charge or charges of which the 30 defendant has been convicted that would require the 31 defendant to make restitution to victims of other 32 offenses as provided in the plea agreement. 33 (e) The court may require the defendant to apply 34 the balance of the cash bond, after payment of court HB0708 Engrossed -810- LRB9203186EGfg 1 costs, and any fine that may be imposed to the payment of 2 restitution. 3 (f) Taking into consideration the ability of the 4 defendant to pay, the court shall determine whether 5 restitution shall be paid in a single payment or in 6 installments, and shall fix a period of time not in 7 excess of 5 years, not including periods of 8 incarceration, within which payment of restitution is to 9 be paid in full. Complete restitution shall be paid in as 10 short a time period as possible. However, if the court 11 deems it necessary and in the best interest of the 12 victim, the court may extend beyond 5 years the period of 13 time within which the payment of restitution is to be 14 paid. If the defendant is ordered to pay restitution and 15 the court orders that restitution is to be paid over a 16 period greater than 6 months, the court shall order that 17 the defendant make monthly payments; the court may waive 18 this requirement of monthly payments only if there is a 19 specific finding of good cause for waiver. 20 (g) The court shall, after determining that the 21 defendant has the ability to pay, require the defendant 22 to pay for the victim's counseling services if: 23 (1) the defendant was convicted of an offense 24 under Sections 11-19.2, 11-20.1, 12-13, 12-14, 25 12-14.1, 12-15 or 12-16 of the Criminal Code of 26 1961, or was charged with such an offense and the 27 charge was reduced to another charge as a result of 28 a plea agreement under subsection (d) of this 29 Section, and 30 (2) the victim was under 18 years of age at 31 the time the offense was committed and requires 32 counseling as a result of the offense. 33 The payments shall be made by the defendant to the 34 clerk of the circuit court and transmitted by the clerk HB0708 Engrossed -811- LRB9203186EGfg 1 to the appropriate person or agency as directed by the 2 court. The order may require such payments to be made 3 for a period not to exceed 5 years after sentencing, not 4 including periods of incarceration. 5 (h) The judge may enter an order of withholding to 6 collect the amount of restitution owed in accordance with 7 Part 8 of Article XII of the Code of Civil Procedure. 8 (i) A sentence of restitution may be modified or 9 revoked by the court if the offender commits another 10 offense, or the offender fails to make restitution as 11 ordered by the court, but no sentence to make restitution 12 shall be revoked unless the court shall find that the 13 offender has had the financial ability to make 14 restitution, and he has wilfully refused to do so. When 15 the offender's ability to pay restitution was established 16 at the time an order of restitution was entered or 17 modified, or when the offender's ability to pay was based 18 on the offender's willingness to make restitution as part 19 of a plea agreement made at the time the order of 20 restitution was entered or modified, there is a 21 rebuttable presumption that the facts and circumstances 22 considered by the court at the hearing at which the order 23 of restitution was entered or modified regarding the 24 offender's ability or willingness to pay restitution have 25 not materially changed. If the court shall find that the 26 defendant has failed to make restitution and that the 27 failure is not wilful, the court may impose an additional 28 period of time within which to make restitution. The 29 length of the additional period shall not be more than 2 30 years. The court shall retain all of the incidents of 31 the original sentence, including the authority to modify 32 or enlarge the conditions, and to revoke or further 33 modify the sentence if the conditions of payment are 34 violated during the additional period. HB0708 Engrossed -812- LRB9203186EGfg 1 (j) The procedure upon the filing of a Petition to 2 Revoke a sentence to make restitution shall be the same 3 as the procedures set forth in Section 5-6-4 of this Code 4 governing violation, modification, or revocation of 5 Probation, of Conditional Discharge, or of Supervision. 6 (k) Nothing contained in this Section shall 7 preclude the right of any party to proceed in a civil 8 action to recover for any damages incurred due to the 9 criminal misconduct of the defendant. 10 (l) Restitution ordered under this Section shall 11 not be subject to disbursement by the circuit clerk under 12 Section 27.5 of the Clerks of Courts Act. 13 (m) A restitution order under this Section is a 14 judgment lien in favor of the victim that: 15 (1) Attaches to the property of the person 16 subject to the order; 17 (2) May be perfected in the same manner as 18 provided in Part 3 of Article 9 of the Uniform 19 Commercial Code; 20 (3) May be enforced to satisfy any payment 21 that is delinquent under the restitution order by 22 the person in whose favor the order is issued or the 23 person's assignee; and 24 (4) Expires in the same manner as a judgment 25 lien created in a civil proceeding. 26 When a restitution order is issued under this 27 Section, the issuing court shall send a certified copy of 28 the order to the clerk of the circuit court in the county 29 where the charge was filed. Upon receiving the order, 30 the clerk shall enter and index the order in the circuit 31 court judgment docket. 32 (n) An order of restitution under this Section does 33 not bar a civil action for: 34 (1) Damages that the court did not require the HB0708 Engrossed -813- LRB9203186EGfg 1 person to pay to the victim under the restitution 2 order but arise from an injury or property damages 3 that is the basis of restitution ordered by the 4 court; and 5 (2) Other damages suffered by the victim. 6 The restitution order is not discharged by the completion 7 of the sentence imposed for the offense. 8 A restitution order under this Section is not discharged 9 by the liquidation of a person's estate by a receiver. A 10 restitution order under this Section may be enforced in the 11 same manner as judgment liens are enforced under Article XII 12 of the Code of Civil Procedure. 13 The provisions of Section 2-1303 of the Code of Civil 14 Procedure, providing for interest on judgments, apply to 15 judgments for restitution entered under this Section. 16 (Source: P.A. 90-465, eff. 1-1-98; 91-153, eff. 1-1-00; 17 91-262, eff. 1-1-00; 91-420, eff. 1-1-00; revised 9-30-99.) 18 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) 19 Sec. 5-8-1. Sentence of Imprisonment for Felony. 20 (a) Except as otherwise provided in the statute defining 21 the offense, a sentence of imprisonment for a felony shall be 22 a determinate sentence set by the court under this Section, 23 according to the following limitations: 24 (1) for first degree murder, 25 (a) a term shall be not less than 20 years and 26 not more than 60 years, or 27 (b) if the court finds that the murder was 28 accompanied by exceptionally brutal or heinous 29 behavior indicative of wanton cruelty or, except as 30 set forth in subsection (a)(1)(c) of this Section, 31 that any of the aggravating factors listed in 32 subsection (b) of Section 9-1 of the Criminal Code 33 of 1961 are present, the court may sentence the HB0708 Engrossed -814- LRB9203186EGfg 1 defendant to a term of natural life imprisonment, or 2 (c) the court shall sentence the defendant to 3 a term of natural life imprisonment when the death 4 penalty is not imposed if the defendant, 5 (i) has previously been convicted of 6 first degree murder under any state or federal 7 law, or 8 (ii) is a person who, at the time of the 9 commission of the murder, had attained the age 10 of 17 or more and is found guilty of murdering 11 an individual under 12 years of age; or, 12 irrespective of the defendant's age at the time 13 of the commission of the offense, is found 14 guilty of murdering more than one victim, or 15 (iii) is found guilty of murdering a 16 peace officer or fireman when the peace officer 17 or fireman was killed in the course of 18 performing his official duties, or to prevent 19 the peace officer or fireman from performing 20 his official duties, or in retaliation for the 21 peace officer or fireman performing his 22 official duties, and the defendant knew or 23 should have known that the murdered individual 24 was a peace officer or fireman, or 25 (iv) is found guilty of murdering an 26 employee of an institution or facility of the 27 Department of Corrections, or any similar local 28 correctional agency, when the employee was 29 killed in the course of performing his official 30 duties, or to prevent the employee from 31 performing his official duties, or in 32 retaliation for the employee performing his 33 official duties, or 34 (v) is found guilty of murdering an HB0708 Engrossed -815- LRB9203186EGfg 1 emergency medical technician - ambulance, 2 emergency medical technician - intermediate, 3 emergency medical technician - paramedic, 4 ambulance driver or other medical assistance or 5 first aid person while employed by a 6 municipality or other governmental unit when 7 the person was killed in the course of 8 performing official duties or to prevent the 9 person from performing official duties or in 10 retaliation for performing official duties and 11 the defendant knew or should have known that 12 the murdered individual was an emergency 13 medical technician - ambulance, emergency 14 medical technician - intermediate, emergency 15 medical technician - paramedic, ambulance 16 driver, or other medical assistant or first aid 17 personnel, or 18 (vi) is a person who, at the time of the 19 commission of the murder, had not attained the 20 age of 17, and is found guilty of murdering a 21 person under 12 years of age and the murder is 22 committed during the course of aggravated 23 criminal sexual assault, criminal sexual 24 assault, or aggravated kidnaping, or 25 (vii) is found guilty of first degree 26 murder and the murder was committed by reason 27 of any person's activity as a community 28 policing volunteer or to prevent any person 29 from engaging in activity as a community 30 policing volunteer. For the purpose of this 31 Section, "community policing volunteer" has the 32 meaning ascribed to it in Section 2-3.5 of the 33 Criminal Code of 1961. 34 For purposes of clause (v), "emergency medical HB0708 Engrossed -816- LRB9203186EGfg 1 technician - ambulance", "emergency medical 2 technician - intermediate", "emergency medical 3 technician - paramedic", have the meanings ascribed 4 to them in the Emergency Medical Services (EMS) 5 Systems Act. 6 (d) (i) if the person committed the offense 7 while armed with a firearm, 15 years shall be 8 added to the term of imprisonment imposed by 9 the court; 10 (ii) if, during the commission of the 11 offense, the person personally discharged a 12 firearm, 20 years shall be added to the term of 13 imprisonment imposed by the court; 14 (iii) if, during the commission of the 15 offense, the person personally discharged a 16 firearm that proximately caused great bodily 17 harm, permanent disability, permanent 18 disfigurement, or death to another person, 25 19 years or up to a term of natural life shall be 20 added to the term of imprisonment imposed by 21 the court. 22 (1.5) for second degree murder, a term shall be not 23 less than 4 years and not more than 20 years; 24 (2) for a person adjudged a habitual criminal under 25 Article 33B of the Criminal Code of 1961, as amended, the 26 sentence shall be a term of natural life imprisonment; 27 (2.5) for a person convicted under the 28 circumstances described in paragraph (3) of subsection 29 (b) of Section 12-13, paragraph (2) of subsection (d) of 30 Section 12-14, paragraph (1.2) of subsection (b) of 31 Section 12-14.1, or paragraph (2) of subsection (b) of 32 Section 12-14.1 of the Criminal Code of 1961, the 33 sentence shall be a term of natural life imprisonment; 34 (3) except as otherwise provided in the statute HB0708 Engrossed -817- LRB9203186EGfg 1 defining the offense, for a Class X felony, the sentence 2 shall be not less than 6 years and not more than 30 3 years; 4 (4) for a Class 1 felony, other than second degree 5 murder, the sentence shall be not less than 4 years and 6 not more than 15 years; 7 (5) for a Class 2 felony, the sentence shall be not 8 less than 3 years and not more than 7 years; 9 (6) for a Class 3 felony, the sentence shall be not 10 less than 2 years and not more than 5 years; 11 (7) for a Class 4 felony, the sentence shall be not 12 less than 1 year and not more than 3 years. 13 (b) The sentencing judge in each felony conviction shall 14 set forth his reasons for imposing the particular sentence he 15 enters in the case, as provided in Section 5-4-1 of this 16 Code. Those reasons may include any mitigating or 17 aggravating factors specified in this Code, or the lack of 18 any such circumstances, as well as any other such factors as 19 the judge shall set forth on the record that are consistent 20 with the purposes and principles of sentencing set out in 21 this Code. 22 (c) A motion to reduce a sentence may be made, or the 23 court may reduce a sentence without motion, within 30 days 24 after the sentence is imposed. A defendant's challenge to 25 the correctness of a sentence or to any aspect of the 26 sentencing hearing shall be made by a written motion filed 27 within 30 days following the imposition of sentence. 28 However, the court may not increase a sentence once it is 29 imposed. 30 If a motion filed pursuant to this subsection is timely 31 filed within 30 days after the sentence is imposed, the 32 proponent of the motion shall exercise due diligence in 33 seeking a determination on the motion and the court shall 34 thereafter decide such motion within a reasonable time. HB0708 Engrossed -818- LRB9203186EGfg 1 If a motion filed pursuant to this subsection is timely 2 filed within 30 days after the sentence is imposed, then for 3 purposes of perfecting an appeal, a final judgment shall not 4 be considered to have been entered until the motion to reduce 5 a sentence has been decided by order entered by the trial 6 court. 7 A motion filed pursuant to this subsection shall not be 8 considered to have been timely filed unless it is filed with 9 the circuit court clerk within 30 days after the sentence is 10 imposed together with a notice of motion, which notice of 11 motion shall set the motion on the court's calendar on a date 12 certain within a reasonable time after the date of filing. 13 (d) Except where a term of natural life is imposed, 14 every sentence shall include as though written therein a term 15 in addition to the term of imprisonment. For those sentenced 16 under the law in effect prior to February 1, 1978, such term 17 shall be identified as a parole term. For those sentenced on 18 or after February 1, 1978, such term shall be identified as a 19 mandatory supervised release term. Subject to earlier 20 termination under Section 3-3-8, the parole or mandatory 21 supervised release term shall be as follows: 22 (1) for first degree murder or a Class X felony, 3 23 years; 24 (2) for a Class 1 felony or a Class 2 felony, 2 25 years; 26 (3) for a Class 3 felony or a Class 4 felony, 1 27 year; 28 (4) if the victim is under 18 years of age, for a 29 second or subsequent offense of criminal sexual assault 30 or aggravated criminal sexual assault, 5 years, at least 31 the first 2 years of which the defendant shall serve in 32 an electronic home detention program under Article 8A of 33 Chapter V of this Code; 34 (5) if the victim is under 18 years of age, for a HB0708 Engrossed -819- LRB9203186EGfg 1 second or subsequent offense of aggravated criminal 2 sexual abuse or felony criminal sexual abuse, 4 years, at 3 least the first 2 years of which the defendant shall 4 serve in an electronic home detention program under 5 Article 8A of Chapter V of this Code. 6 (e) A defendant who has a previous and unexpired 7 sentence of imprisonment imposed by another state or by any 8 district court of the United States and who, after sentence 9 for a crime in Illinois, must return to serve the unexpired 10 prior sentence may have his sentence by the Illinois court 11 ordered to be concurrent with the prior sentence in the other 12 state. The court may order that any time served on the 13 unexpired portion of the sentence in the other state, prior 14 to his return to Illinois, shall be credited on his Illinois 15 sentence. The other state shall be furnished with a copy of 16 the order imposing sentence which shall provide that, when 17 the offender is released from confinement of the other state, 18 whether by parole or by termination of sentence, the offender 19 shall be transferred by the Sheriff of the committing county 20 to the Illinois Department of Corrections. The court shall 21 cause the Department of Corrections to be notified of such 22 sentence at the time of commitment and to be provided with 23 copies of all records regarding the sentence. 24 (f) A defendant who has a previous and unexpired 25 sentence of imprisonment imposed by an Illinois circuit court 26 for a crime in this State and who is subsequently sentenced 27 to a term of imprisonment by another state or by any district 28 court of the United States and who has served a term of 29 imprisonment imposed by the other state or district court of 30 the United States, and must return to serve the unexpired 31 prior sentence imposed by the Illinois Circuit Court may 32 apply to the court which imposed sentence to have his 33 sentence reduced. 34 The circuit court may order that any time served on the HB0708 Engrossed -820- LRB9203186EGfg 1 sentence imposed by the other state or district court of the 2 United States be credited on his Illinois sentence. Such 3 application for reduction of a sentence under this 4 subsection (f) shall be made within 30 days after the 5 defendant has completed the sentence imposed by the other 6 state or district court of the United States. 7 (Source: P.A. 90-396, eff. 1-1-98; 90-651, eff. 1-1-99; 8 91-279, eff. 1-1-00; 91-404, eff. 1-1-00; revised 10-14-99.) 9 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4) 10 Sec. 5-8-4. Concurrent and Consecutive Terms of 11 Imprisonment. 12 (a) When multiple sentences of imprisonment are imposed 13 on a defendant at the same time, or when a term of 14 imprisonment is imposed on a defendant who is already subject 15 to sentence in this State or in another state, or for a 16 sentence imposed by any district court of the United States, 17 the sentences shall run concurrently or consecutively as 18 determined by the court. When a term of imprisonment is 19 imposed on a defendant by an Illinois circuit court and the 20 defendant is subsequently sentenced to a term of imprisonment 21 by another state or by a district court of the United States, 22 the Illinois circuit court which imposed the sentence may 23 order that the Illinois sentence be made concurrent with the 24 sentence imposed by the other state or district court of the 25 United States. The defendant must apply to the circuit court 26 within 30 days after the defendant's sentence imposed by the 27 other state or district of the United States is finalized. 28 The court shall not impose consecutive sentences for offenses 29 which were committed as part of a single course of conduct 30 during which there was no substantial change in the nature of 31 the criminal objective, unless: 32 (i) one of the offenses for which defendant was 33 convicted was first degree murder or a Class X or Class 1 HB0708 Engrossed -821- LRB9203186EGfg 1 felony and the defendant inflicted severe bodily injury, 2 or 3 (ii) the defendant was convicted of a violation of 4 Section 12-13, 12-14, or 12-14.1 of the Criminal Code of 5 1961, or 6 (iii) the defendant was convicted of armed violence 7 based upon the predicate offense of solicitation of 8 murder, solicitation of murder for hire, heinous battery, 9 aggravated battery of a senior citizen, criminal sexual 10 assault, a violation of subsection (g) of Section 5 of 11 the Cannabis Control Act, cannabis trafficking, a 12 violation of subsection (a) of Section 401 of the 13 Illinois Controlled Substances Act, controlled substance 14 trafficking involving a Class X felony amount of 15 controlled substance under Section 401 of the Illinois 16 Controlled Substances Act, calculated criminal drug 17 conspiracy, or streetgang criminal drug conspiracy, 18 in which event the court shall enter sentences to run 19 consecutively. Sentences shall run concurrently unless 20 otherwise specified by the court. 21 (b) The court shall not impose a consecutive sentence 22 except as provided for in subsection (a) unless, having 23 regard to the nature and circumstances of the offense and the 24 history and character of the defendant, it is of the opinion 25 that such a term is required to protect the public from 26 further criminal conduct by the defendant, the basis for 27 which the court shall set forth in the record; except that no 28 such finding or opinion is required when multiple sentences 29 of imprisonment are imposed on a defendant for offenses that 30 were not committed as part of a single course of conduct 31 during which there was no substantial change in the nature of 32 the criminal objective, and one of the offenses for which the 33 defendant was convicted was first degree murder or a Class X 34 or Class 1 felony and the defendant inflicted severe bodily HB0708 Engrossed -822- LRB9203186EGfg 1 injury, or when the defendant was convicted of a violation of 2 Section 12-13, 12-14, or 12-14.1 of the Criminal Code of 3 1961, or where the defendant was convicted of armed violence 4 based upon the predicate offense of solicitation of murder, 5 solicitation of murder for hire, heinous battery, aggravated 6 battery of a senior citizen, criminal sexual assault, a 7 violation of subsection (g) of Section 5 of the Cannabis 8 Control Act, cannabis trafficking, a violation of subsection 9 (a) of Section 401 of the Illinois Controlled Substances Act, 10 controlled substance trafficking involving a Class X felony 11 amount of controlled substance under Section 401 of the 12 Illinois Controlled Substances Act, calculated criminal drug 13 conspiracy, or streetgang criminal drug conspiracy, in which 14 event the Court shall enter sentences to run consecutively. 15 (c) (1) For sentences imposed under law in effect prior 16 to February 1, 1978 the aggregate maximum of consecutive 17 sentences shall not exceed the maximum term authorized 18 under Section 5-8-1 for the 2 most serious felonies 19 involved. The aggregate minimum period of consecutive 20 sentences shall not exceed the highest minimum term 21 authorized under Section 5-8-1 for the 2 most serious 22 felonies involved. When sentenced only for misdemeanors, 23 a defendant shall not be consecutively sentenced to more 24 than the maximum for one Class A misdemeanor. 25 (2) For sentences imposed under the law in effect 26 on or after February 1, 1978, the aggregate of 27 consecutive sentences for offenses that were committed as 28 part of a single course of conduct during which there was 29 no substantial change in the nature of the criminal 30 objective shall not exceed the sum of the maximum terms 31 authorized under Section 5-8-2 for the 2 most serious 32 felonies involved, but no such limitation shall apply for 33 offenses that were not committed as part of a single 34 course of conduct during which there was no substantial HB0708 Engrossed -823- LRB9203186EGfg 1 change in the nature of the criminal objective. When 2 sentenced only for misdemeanors, a defendant shall not be 3 consecutively sentenced to more than the maximum for one 4 Class A misdemeanor. 5 (d) An offender serving a sentence for a misdemeanor who 6 is convicted of a felony and sentenced to imprisonment shall 7 be transferred to the Department of Corrections, and the 8 misdemeanor sentence shall be merged in and run concurrently 9 with the felony sentence. 10 (e) In determining the manner in which consecutive 11 sentences of imprisonment, one or more of which is for a 12 felony, will be served, the Department of Corrections shall 13 treat the offender as though he had been committed for a 14 single term with the following incidents: 15 (1) the maximum period of a term of imprisonment 16 shall consist of the aggregate of the maximums of the 17 imposed indeterminate terms, if any, plus the aggregate 18 of the imposed determinate sentences for felonies plus 19 the aggregate of the imposed determinate sentences for 20 misdemeanors subject to paragraph (c) of this Section; 21 (2) the parole or mandatory supervised release term 22 shall be as provided in paragraph (e) of Section 5-8-1 of 23 this Code for the most serious of the offenses involved; 24 (3) the minimum period of imprisonment shall be the 25 aggregate of the minimum and determinate periods of 26 imprisonment imposed by the court, subject to paragraph 27 (c) of this Section; and 28 (4) the offender shall be awarded credit against 29 the aggregate maximum term and the aggregate minimum term 30 of imprisonment for all time served in an institution 31 since the commission of the offense or offenses and as a 32 consequence thereof at the rate specified in Section 33 3-6-3 of this Code. 34 (f) A sentence of an offender committed to the HB0708 Engrossed -824- LRB9203186EGfg 1 Department of Corrections at the time of the commission of 2 the offense shall be served consecutive to the sentence under 3 which he is held by the Department of Corrections. However, 4 in case such offender shall be sentenced to punishment by 5 death, the sentence shall be executed at such time as the 6 court may fix without regard to the sentence under which such 7 offender may be held by the Department. 8 (g) A sentence under Section 3-6-4 for escape or 9 attempted escape shall be served consecutive to the terms 10 under which the offender is held by the Department of 11 Corrections. 12 (h) If a person charged with a felony commits a separate 13 felony while on pre-trial release or in pretrial detention in 14 a county jail facility or county detention facility, the 15 sentences imposed upon conviction of these felonies shall be 16 served consecutively regardless of the order in which the 17 judgments of conviction are entered. 18 (i) If a person admitted to bail following conviction of 19 a felony commits a separate felony while free on bond or if a 20 person detained in a county jail facility or county detention 21 facility following conviction of a felony commits a separate 22 felony while in detention, any sentence following conviction 23 of the separate felony shall be consecutive to that of the 24 original sentence for which the defendant was on bond or 25 detained. 26 (Source: P.A. 90-128, eff. 7-22-97; 91-144, eff. 1-1-00; 27 91-404, eff. 1-1-00; revised 9-29-99.) 28 Section 92. The Sex Offender Registration Act is amended 29 by changing Sections 6 and 10 as follows: 30 (730 ILCS 150/6) (from Ch. 38, par. 226) 31 Sec. 6. Duty to report; change of address or employment; 32 duty to inform. A person who has been adjudicated to be HB0708 Engrossed -825- LRB9203186EGfg 1 sexually dangerous or is a sexually violent person and is 2 later released, or found to be no longer sexually dangerous 3 or no longer a sexually violent person and discharged, must 4 report in person to the law enforcement agency with whom he 5 or she last registered no later than 90 days after the date 6 of his or her last registration and every 90 days thereafter. 7 Any other person who is required to register under this 8 Article shall report in person to the appropriate law 9 enforcement agency with whom he or she last registered within 10 one year from the date of that registration and every year 11 thereafter. If any person required to register under this 12 Article changes his or her residence address or place of 13 employment, he or she shall, in writing, within 10 days 14 inform the law enforcement agency with whom he or she last 15 registered of his or her new address or new place of 16 employment and register with the appropriate law enforcement 17 agency within the time period specified in Section 3. The 18 law enforcement agency shall, within 3 days of receipt, 19 notify the Department of State Police and the law enforcement 20 agency having jurisdiction of the new place of residence or 21 new place of employment. 22 If any person required to register under this Article 23 establishes a residence or employment outside of the State of 24 Illinois, within 10 days after establishing that residence or 25 employment, he or she shall, in writing, inform the law 26 enforcement agency with which he or she last registered of 27 his or her out-of-state residence or employment. The law 28 enforcement agency with which such person last registered 29 shall, within 3 days notice of an address or employment 30 change, notify the Department of State Police. The 31 Department of State Police shall forward such information to 32 the out-of-state law enforcement agency in the form and 33 manner prescribed by the Department of State Police. 34 (Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99; HB0708 Engrossed -826- LRB9203186EGfg 1 91-394, eff. 1-1-00; revised 9-27-99.) 2 (730 ILCS 150/10) (from Ch. 38, par. 230) 3 Sec. 10. Penalty. Any person who is required to 4 register under this Article who violates any of the 5 provisions of this Article and any person who is required to 6 register under this Article who seeks to change his or her 7 name under Article 21 of the Code of Civil Procedure is 8 guilty of a Class 4 felony. Any person who is required to 9 register under this Article who knowingly or wilfully gives 10 material information required by this Article that is false 11 is guilty of a Class 3 felony. Any person convicted of a 12 violation of any provision of this Article shall, in addition 13 to any other penalty required by law, be required to serve a 14 minimum period of 7 days confinement in the local county 15 jail. The court shall impose a mandatory minimum fine of 16 $500 for failure to comply with any provision of this 17 Article. These fines shall be deposited in the Sex Offender 18 Registration Fund. Any sex offender or sexual predator who 19 violates any provision of this Article may be tried in any 20 Illinois county where the sex offender can be located. 21 (Source: P.A. 90-125, eff. 1-1-98; 90-193, eff. 7-24-97; 22 90-655, eff. 7-30-98; 91-48, eff. 7-1-99; 91-221, eff. 23 7-22-99; revised 9-27-99.) 24 Section 93. The Sex Offender and Child Murderer 25 Community Notification Law is amended by changing Section 120 26 as follows: 27 (730 ILCS 152/120) 28 Sec. 120. Community notification of sex offenders. 29 (a) The sheriff of the county, except Cook County, shall 30 disclose to the following the name, address, date of birth, 31 place of employment, and offense or adjudication of all sex HB0708 Engrossed -827- LRB9203186EGfg 1 offenders required to register under Section 3 of the Sex 2 Offender Registration Act: 3 (1) (Blank); 4 (2) School boards of public school districts and 5 the principal or other appropriate administrative officer 6 of each nonpublic school located in the county where the 7 sex offender is required to register or is employed; and 8 (3) Child care facilities located in the county 9 where the sex offender is required to register or is 10 employed. 11 (a-2) The sheriff of Cook County shall disclose to the 12 following the name, address, date of birth, place of 13 employment, and offense or adjudication of all sex offenders 14 required to register under Section 3 of the Sex Offender 15 Registration Act: 16 (1) School boards of public school districts and 17 the principal or other appropriate administrative officer 18 of each nonpublic school located within the region of 19 Cook County, as those public school districts and 20 nonpublic schools are identified in LEADS, other than the 21 City of Chicago, where the sex offender is required to 22 register or is employed; and 23 (2) Child care facilities located within the region 24 of Cook County, as those child care facilities are 25 identified in LEADS, other than the City of Chicago, 26 where the sex offender is required to register or is 27 employed. 28 (a-3) The Chicago Police Department shall disclose to 29 the following the name, address, date of birth, place of 30 employment, and offense or adjudication of all sex offenders 31 required to register under Section 3 of the Sex Offender 32 Registration Act: 33 (1) School boards of public school districts and 34 the principal or other appropriate administrative officer HB0708 Engrossed -828- LRB9203186EGfg 1 of each nonpublic school located in the police district 2 where the sex offender is required to register or is 3 employed if the offender is required to register or is 4 employed in the City of Chicago; and 5 (2) Child care facilities located in the police 6 district where the sex offender is required to register 7 or is employed if the offender is required to register or 8 is employed in the City of Chicago. 9 (a-4) The Department of State Police shall provide a 10 list of sex offenders required to register to the Illinois 11 Department of Children and Family Services. 12 (b) The Department of State Police and any law 13 enforcement agency may disclose, in the Department's or 14 agency's discretion, the following information to any person 15 likely to encounter a sex offender required to register under 16 Section 3 of the Sex Offender Registration Act: 17 (1) The offender's name, address, and date of 18 birth. 19 (2) The offense for which the offender was 20 convicted. 21 (3) Adjudication as a sexually dangerous person. 22 (4) The offender's photograph or other such 23 information that will help identify the sex offender. 24 (5) Offender employment information, to protect 25 public safety. 26 (c) The name, address, date of birth, and offense or 27 adjudication for sex offenders required to register under 28 Section 3 of the Sex Offender Registration Act shall be open 29 to inspection by the public as provided in this Section. 30 Every municipal police department shall make available at its 31 headquarters the information on all sex offenders who are 32 required to register in the municipality under the Sex 33 Offender Registration Act. The sheriff shall also make 34 available at his or her headquarters the information on all HB0708 Engrossed -829- LRB9203186EGfg 1 sex offenders who are required to register under that Act and 2 who live in unincorporated areas of the county. Sex offender 3 information must be made available for public inspection to 4 any person, no later than 72 hours or 3 business days from 5 the date of the request.reasonableThe request must be made 6 in person, in writing, or by telephone. Availability must 7 include giving the inquirer access to a facility where the 8 information may be copied. A department or sheriff may 9 charge a fee, but the fee may not exceed the actual costs of 10 copying the information. An inquirer must be allowed to copy 11 this information in his or her own handwriting. A department 12 or sheriff must allow access to the information during normal 13 public working hours. The sheriff or a municipal police 14 department may publish the photographs of sex offenders where 15 any victim was 13 years of age or younger and who are 16 required to register in the municipality or county under the 17 Sex Offender Registration Act in a newspaper or magazine of 18 general circulation in the municipality or county or may 19 disseminate the photographs of those sex offenders on the 20 Internet or on television. The law enforcement agency may 21 make available the information on all sex offenders residing 22 within any county. 23 (d) The Department of State Police and any law 24 enforcement agency having jurisdiction may, in the 25 Department's or agency's discretion, place the information 26 specified in subsection (b) on the Internet or in other 27 media. 28 (e) The Department of State Police and any law 29 enforcement agency having jurisdiction may, in the 30 Department's or agency's discretion, provide the information 31 specified in subsection (b), with respect to a juvenile sex 32 offender, to any person when that person's safety may be 33 compromised for some reason related to the juvenile sex 34 offender. HB0708 Engrossed -830- LRB9203186EGfg 1 (Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99; 2 91-221, eff. 7-22-99; 91-224, eff. 7-1-00; 91-357, eff. 3 7-29-99; 91-394, eff. 1-1-00; revised 9-1-99.) 4 Section 94. The Code of Civil Procedure is amended by 5 changing Sections 7-103.48 and 7-103.68 and changing and 6 resectioning Section 7-103 as follows: 7 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103) 8 Sec. 7-103. "Quick-take". 9 (a) This Section applies only to proceedings under this 10 Article that are authorized in the Sections following this 11 Section and preceding Section 7-104. 124813PLUS,14THAT PART OF THE NORTHWEST QUARTER OF SECTION 315TOWNSHIP 40 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL16MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS17FOLLOWS:18BEGINNING AT THE POINT OF INTERSECTION OF THE19EASTERLY RIGHT-OF-WAY LINE OF THE NORTHWEST TOLL ROAD AND20THE SOUTHERLY RIGHT-OF-WAY LINE OF MAPLE AVENUE EXTENDED21WESTERLY; THENCE EASTERLY ALONG SAID SOUTHERLY22RIGHT-OF-WAY LINE OF MAPLE AVENUE (RECORDED AS BOCK23AVENUE) TO THE EASTERLY RIGHT-OF-WAY LINE OF GAGE STREET;24THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF25GAGE STREET TO THE SOUTHERLY LINE OF LOT 2 IN RIVER ROSE26SUBDIVISION UNIT 2 PER DOCUMENT NUMBER 19594706; THENCE27EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 2 IN RIVER28ROSE SUBDIVISION UNIT NUMBER 2 AND SAID SOUTHERLY LINE29EXTENDED EASTERLY TO THE EASTERLY RIGHT-OF-WAY LINE OF30GLEN LAKE DRIVE (AS DEDICATED IN RIVER ROSE SUBDIVISION31PER DOCUMENT NUMBER 19352146 AND DEDICATED AS WILLOW32CREEK DRIVE); THENCE SOUTHWESTERLY ALONG SAID EASTERLYHB0708 Engrossed -831- LRB9203186EGfg 1RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN2SAID RIVER ROSE SUBDIVISION; THENCE SOUTHEASTERLY ALONG3THE NORTHERLY LINE OF SAID LOT 1 IN SAID RIVER ROSE4SUBDIVISION, 86.0 FEET TO THE NORTHEAST CORNER OF SAID5LOT 1; THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF6SAID LOT 1, 120.0 FEET TO THE SOUTHEAST CORNER OF SAID7LOT 1; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF8SAID LOT 1 AND THE NORTHERLY RIGHT-OF-WAY LINE OF RIVER9ROSE STREET (AS DEDICATED IN RIVER ROSE SUBDIVISION PER10DOCUMENT NUMBER 19352146), 34.3 FEET TO THE INTERSECTION11OF THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RIVER ROSE12STREET AND THE EASTERLY LINE OF SAID WILLOW CREEK DRIVE,13ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 1; THENCE14SOUTHEASTERLY ALONG THE EASTERLY RIGHT-OF-WAY LINE OF15SAID WILLOW CREEK DRIVE TO THE MOST SOUTHWESTERLY CORNER16OF LOT 27 IN SAID RIVER ROSE SUBDIVISION; THENCE17SOUTHWESTERLY TO THE INTERSECTION OF THE NORTHWESTERLY18CORNER OF LOT "B" IN SAID RIVER ROSE SUBDIVISION WITH THE19EAST LOT LINE OF LOT 8 IN BLOCK 1 IN HIGGINS ROAD20RANCHETTES SUBDIVISION PER DOCUMENT NUMBER 13820089;21THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 8, 97.2422FEET TO A POINT; SAID POINT BEING 66.00 FEET SOUTH OF THE23NORTHEAST CORNER OF SAID LOT 8; THENCE WESTERLY, ALONG A24LINE WHICH IS 66.00 FEET SOUTH OF AND PARALLEL TO THE25NORTH LINE OF LOTS 3, 4, 5, 6, 7, AND 8 IN SAID HIGGINS26ROAD RANCHETTES SUBDIVISION AND THEN WESTERLY THEREOF27(SAID PARALLEL LINE ALSO BEING THE SOUTH LINE OF AN28UNRECORDED STREET KNOWN AS GLENLAKE STREET), TO THE POINT29OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF30THE AFORESAID NORTHWEST TOLL ROAD; THENCE NORTHWESTERLY31ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID NORTHWEST32TOLL ROAD TO THE POINT OF BEGINNING;33AND ALSO, THAT PART OF THE NORTHEAST QUARTER OF34SECTION 9 AND THE NORTHWEST QUARTER OF SECTION 10,HB0708 Engrossed -832- LRB9203186EGfg 1TOWNSHIP 40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL2MERIDIAN, IN THE VILLAGE OF ROSEMONT, COOK COUNTY,3ILLINOIS, DESCRIBED AS FOLLOWS:4BEGINNING IN THE WEST HALF OF THE NORTHEAST QUARTER5OF SECTION 9 AFORESAID, AT THE INTERSECTION OF THE SOUTH6LINE OF 61ST STREET WITH THE EASTERLY RIGHT-OF-WAY LINE7OF THE MINNEAPOLIS, ST. PAUL AND ST. STE. MARIE RAILROAD8RIGHT-OF-WAY; THENCE EAST ALONG THE SOUTH LINE OF 61ST9STREET AND ITS EASTERLY EXTENSION, TO THE EAST LINE OF10PEARL STREET; THENCE NORTH ALONG THE EAST LINE OF PEARL11STREET TO THE SOUTH LINE OF 62ND STREET; THENCE EAST12ALONG THE SOUTH LINE OF 62ND STREET TO THE WESTERLY13RIGHT-OF-WAY LINE OF THE ILLINOIS STATE TOLL ROAD; THENCE14SOUTHERLY, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF THE15TOLL ROAD TO A POINT ON A WESTERLY EXTENSION OF THE SOUTH16LINE OF ALLEN AVENUE; THENCE EAST ALONG SAID WESTERLY17EXTENSION, AND ALONG THE SOUTH LINE OF ALLEN AVENUE TO18THE WEST LINE OF OTTO AVENUE; THENCE SOUTH ALONG THE WEST19LINE OF OTTO AVENUE TO A POINT ON A WESTERLY EXTENSION20OF THE NORTH LINE OF THE SOUTH 30 FEET OF LOT 12 IN FIRST21ADDITION TO B.L. CARLSEN'S INDUSTRIAL SUBDIVISION, BEING22A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 923AFORESAID, ACCORDING TO THE PLAT THEREOF RECORDED MARCH245, 1962 AS DOCUMENT 18416079; THENCE EAST ALONG SAID25WESTERLY EXTENSION, AND ALONG THE AFOREMENTIONED NORTH26LINE OF THE SOUTH 30 FEET OF LOT 12, TO THE EAST LINE OF27LOT 12; THENCE NORTH ALONG THE EAST LINE OF LOT 12, BEING28ALSO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 9,29TO THE NORTH LINE OF OWNER'S DIVISION OF PARTS OF LOTS 430AND 5 OF HENRY HACHMEISTER'S DIVISION, IN THE NORTHWEST31QUARTER OF SECTION 10, AFORESAID, ACCORDING TO THE PLAT32THEREOF RECORDED APRIL 25, 1949 AS DOCUMENT 14539019;33THENCE EAST ALONG THE NORTH LINE OF SAID OWNER'S DIVISION34TO THE WEST LINE OF LOT 3 IN SAID OWNER'S DIVISION;HB0708 Engrossed -833- LRB9203186EGfg 1THENCE SOUTH ALONG THE WEST LINE OF LOT 3 TO THE2SOUTHWEST CORNER THEREOF; THENCE EAST ALONG THE SOUTH3LINE OF LOT 3 TO THE NORTHWEST CORNER OF LOT 4 IN SAID4OWNER'S SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF5LOT 4 TO THE SOUTHWEST CORNER THEREOF; THENCE EAST ALONG6THE SOUTH LINE OF LOT 4, AND SAID SOUTH LINE EXTENDED7EASTERLY, TO THE EASTERLY RIGHT-OF-WAY LINE OF RIVER8ROAD; THENCE SOUTHEASTERLY ALONG THE EASTERLY9RIGHT-OF-WAY LINE OF SAID RIVER ROAD TO A POINT BEING10198.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF11LOT 5 EXTENDED EASTERLY, IN HENRY HACHMEISTER'S DIVISION12PER DOCUMENT NUMBER 4183101; THENCE WESTERLY, ALONG A13LINE WHICH IS 198.00 FEET NORTH OF AND PARALLEL TO THE14SOUTH LINE OF SAID LOT 5 IN HENRY HACHMEISTER'S DIVISION,15TO THE NORTHWEST CORNER OF LOT 6 IN B.L. CARLSEN'S16INDUSTRIAL SUBDIVISION PER DOCUMENT NUMBER 1925132;17THENCE NORTHERLY TO A POINT BEING THE NORTHEAST CORNER OF18A PARCEL BEING DESCRIBED PER DOCUMENT T1862127, SAID19POINT BEING 293.73 FEET NORTH OF AND PARALLEL TO THE20SOUTH LINE OF SAID LOT 5 IN HENRY HACHMEISTER'S DIVISION;21THENCE WESTERLY ALONG A LINE, 293.73 FEET NORTH OF AND22PARALLEL TO THE SOUTH LINE OF SAID LOT 5, 91.50 FEET TO23THE NORTHWEST CORNER OF SAID PARCEL PER DOCUMENT24T1862127; THENCE SOUTHERLY ALONG A LINE BEING THE EAST25LINE OF THE WEST 200.00 FEET OF SAID LOT 5, 71.88 FEET TO26THE SOUTHEAST CORNER OF A PARCEL BEING DESCRIBED PER27DOCUMENT T2257298; THENCE WESTERLY ALONG THE SOUTH LINE28AND THE SOUTH LINE EXTENDED WESTERLY OF SAID PARCEL, 23329FEET TO THE POINT OF INTERSECTION WITH THE WEST LINE OF30MICHIGAN AVENUE RIGHT-OF-WAY; THENCE NORTHERLY ALONG SAID31WEST RIGHT-OF-WAY LINE OF MICHIGAN AVENUE TO THE32NORTHEAST CORNER OF LOT 1, BLOCK 12 IN J. TAYLOR'S ADD.33TO FAIRVIEW HEIGHTS PER DOCUMENT NUMBER 1876526, SAID34POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF 60THHB0708 Engrossed -834- LRB9203186EGfg 1STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY2LINE OF 60TH STREET TO A POINT OF INTERSECTION WITH THE3EASTERLY RIGHT-OF-WAY LINE OF THE AFORESAID MINNEAPOLIS,4ST. PAUL AND ST. STE. MARIE RAILROAD RIGHT-OF-WAY; THENCE5NORTHWESTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO6THE POINT OF BEGINNING;; 70;7(71) For a period of 3 years after December 1,81998, by the Village of Franklin Park, for the9redevelopment of blighted areas, for the acquisition of10property within the area legally described as:11BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT NO.122 (SAID CORNER BEING 50.0 FEET WEST OF THE CENTERLINE OF13MANNHEIM ROAD); THENCE SOUTH ALONG THE EAST LINE OF SAID14TRACT NO. 2, A DISTANCE OF 305.46 FEET; THENCE WEST,15PARALLEL WITH THE NORTH LINE OF SAID TRACT NO. 2, A16DISTANCE OF 175.0 FEET; THENCE SOUTH, PARALLEL WITH THE17EAST LINE OF SAID TRACT NO. 2, A DISTANCE OF 164.46 FEET18TO THE SOUTHERLY LINE OF SAID TRACT NO. 2 (SAID LINE19BEING 50.0 FEET NORTHERLY OF THE CENTERLINE OF GRAND20AVENUE); THENCE WESTERLY ALONG SAID LINE, 672.75 FEET;21THENCE NORTH ALONG A LINE THAT IS 227.30 FEET EAST OF (AS22MEASURED AT RIGHT ANGLES) AND PARALLEL WITH THE EAST LINE23OF MIKE LATORIA SR. INDUSTRIAL SUBDIVISION, 429.87 FEET24TO THE NORTH LINE OF SAID TRACT NO. 2; THENCE EAST ALONG25SAID NORTH LINE, 845.71 FEET TO THE POINT OF BEGINNING,26IN OWNER'S DIVISION OF THAT PART OF THE EAST HALF OF THE27NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 40 NORTH, RANGE2812 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE29PLAT THEREOF RECORDED AUGUST 16, 1929 AS DOCUMENT3010456788 AND FILED IN THE REGISTRAR'S OFFICE ON AUGUST3123, 1929 AS DOCUMENT LR474993, IN COOK COUNTY, ILLINOIS;32(72) For a period of 3 years after December 1,331998, by the Village of Franklin Park, for the34redevelopment of blighted areas, for the acquisition ofHB0708 Engrossed -835- LRB9203186EGfg 1the property legally described as:2Lots 19, 20, 21, 22, 23, 24, 25, 26 and 27 of the3Salerno-Kaufman Subdivision of part of Tract No. 1 in4Owner's Division of part of the East 1/2, Northeast 1/4,5Section 29, Township 40, Range 12, East of the Third6Principal Meridian, in Cook County, Illinois; and7That part of the South 117.64 feet of tract number 18lying East of a line 235 feet West of and parallel with9West line of Mannheim Road in Owner's Division of part of10the East half of the Northeast quarter of Section 29,11Township 40 North, Range 12, East of the Third Principal12Meridian, according to the Plat thereof recorded August1316, 1929 as Document number 10456788, in Cook County,14Illinois;15(73) for a period of 2 years following the16effective date of this amendatory Act of the 91st General17Assembly, by the City of Taylorville for the acquisition18of land used for the construction of the second silt dam19on Lake Taylorville; the project area is limited to the20townships of Greenwood, Johnson, and Locust in southern21Christian County;22(74) for a period of 6 months following the23effective date of this amendatory Act of the 91st General24Assembly, by the City of Effingham for the acquisition of25all the right of way needed for the subject project26starting at Wernsing Avenue and running northerly to27Fayette Avenue, including the right of way for a28structure over the CSX rail line and U. S. Route 40;29(75) for a period of one year following the30effective date of this amendatory Act of the 91st General31Assembly, by the City of Effingham for the acquisition of32property for the construction of South Raney Street33Project Phase II, including a grade separation over34Conrail and U. S. Route 40 in the City of Effingham, fromHB0708 Engrossed -836- LRB9203186EGfg 1the intersection of South Raney Street and West Wernsing2Avenue northerly to the intersection of South Raney3Street and West Fayette Avenue;4(76) for a period of 2 years following the effective5date of this amendatory Act of the 91st General Assembly,6by the Village of Lincolnshire, for the purpose of7redevelopment within the downtown area, for the8acquisition of property within that area legally9described as follows:10THAT PART OF SECTIONS 15 AND 22, TOWNSHIP 43 NORTH,11RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED12AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST13LINE OF THE PROPERTY DESCRIBED IN DOCUMENT NUMBER 229708514AND THE NORTHERLY LINE OF HALF DAY ROAD; THENCE15NORTHEASTERLY ALONG SAID NORTHERLY LINE OF SAID HALF DAY16ROAD TO THE INTERSECTION WITH THE WEST LINE OF STATE17ROUTE NO. 21 (ALSO KNOWN AS MILWAUKEE AVENUE); THENCE18NORTHERLY ALONG SAID WEST LINE OF STATE ROUTE NO. 21 TO19THE NORTH LINE OF THE SOUTH 452.20 FEET OF THE NORTHEAST20QUARTER OF THE AFORESAID SECTION 15; THENCE EAST ALONG21THE SAID NORTH LINE OF THE SOUTH 452.20 FEET TO THE EAST22LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15; THENCE23SOUTH ALONG THE SAID EAST LINE TO THE SOUTHEAST CORNER OF24THE NORTHEAST QUARTER THEREOF; THENCE WEST ALONG THE25SOUTH LINE OF THE SAID NORTHEAST QUARTER TO AN EAST LINE26OF VERNON CEMETERY AS DESCRIBED IN DOCUMENT NUMBER27263584; THENCE NORTH 37.20 FEET ALONG AFORESAID EAST LINE28OF CEMETERY TO THE NORTH EAST CORNER THEREOF; THENCE WEST29297.00 FEET ALONG THE NORTH LINE OF THE AFORESAID30CEMETERY, SAID LINE IS THE MOST NORTHERLY LINE OF31CEMETERY ROAD AS OCCUPIED AND EXTENDED TO A WEST LINE OF32AFORESAID VERNON CEMETERY EXTENDED NORTH; THENCE SOUTH33ALONG THE EXTENSION AND WEST LINE OF THE AFORESAID34CEMETERY TO THE SOUTHWEST CORNER THEREOF, SAID SOUTHWESTHB0708 Engrossed -837- LRB9203186EGfg 1CORNER IS 296.61 FEET SOUTH OF THE SOUTH LINE OF CEMETERY2ROAD AS OCCUPIED; THENCE EAST ALONG THE SOUTH LINE OF3VERNON CEMETERY TO THE SOUTH EAST CORNER THEREOF, SAID4SOUTHEAST CORNER ALSO BEING A POINT ON THE WEST LINE OF5PROPERTY DESCRIBED BY DOCUMENT NUMBER 2012084; THENCE6SOUTH ALONG AFORESAID WEST LINE TO THE NORTH LINE OF HALF7DAY ROAD; THENCE EAST ALONG LAST SAID NORTH LINE TO A8POINT IN THE WEST LINE (EXTENDED) OF INDIAN CREEK9SUBDIVISION (RECORDED AS DOCUMENT NUMBER 2084U19); THENCE10SOUTH ALONG THE WEST LINE AND AN EXTENSION THEREOF OF11INDIAN CREEK CONDOMINIUM SUBDIVISION TO THE SOUTHWEST12CORNER THEREOF; THENCE SOUTHEASTERLY ALONG A SOUTH LINE13OF INDIAN CREEK CONDOMINIUM SUBDIVISION 130.47 FEET TO14THE MOST SOUTHERLY CORNER IN THE AFORESAID SUBDIVISION15SAID POINT BEING IN THE NORTH LINE OF RELOCATED ILLINOIS16STATE ROUTE 22; THENCE NORTHEASTERLY ALONG A SOUTH LINE17OF INDIAN CREEK CONDOMINIUM SUBDIVISION 209.56 FEET, SAID18LINE BEING ALSO THE NORTH LINE OF RELOCATED ILLINOIS19STATE ROUTE 22, TO THE SOUTHEAST CORNER OF INDIAN CREEK20CONDOMINIUM SUBDIVISION; THENCE NORTH ALONG THE EAST LINE21OF INDIAN CREEK SUBDIVISION AND AN EXTENSION THEREOF TO22THE NORTH LINE OF HALF DAY ROAD; THENCE EAST ALONG THE23NORTH LINE OF HALF DAY ROAD TO THE EAST LINE OF THE24SOUTHEAST QUARTER OF SAID SECTION 15 TO THE SOUTHEAST25CORNER OF THE SOUTHEAST QUARTER OF SECTION 15 AFORESAID;26THENCE SOUTHERLY ALONG AN EASTERLY LINE OF THE HAMILTON27PARTNERS PROPERTY DESCRIBED AS FOLLOWS, BEGINNING AT THE28NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION2922 (THE EAST LINE OF THE NORTHEAST QUARTER OF SAID30SECTION 22 HAVING AN ASSUMED BEARING OF SOUTH 00 DEGREES3100 MINUTES 00 SECONDS EAST FOR THIS LEGAL DESCRIPTION);32THENCE SOUTH 13 DEGREES 57 MINUTES 09 SECONDS WEST,33519.43 FEET TO A POINT DESCRIBED AS BEARING NORTH 5134DEGREES 41 MINUTES 30 SECONDS WEST, 159.61 FEET FROM AHB0708 Engrossed -838- LRB9203186EGfg 1POINT OF THE EAST LINE OF THE NORTHEAST QUARTER OF2SECTION 22 AFORESAID, 603.05 FEET, AS MEASURED ALONG SAID3EAST LINE, SOUTH OF THE NORTHEAST CORNER OF SAID4NORTHEAST QUARTER; THENCE SOUTH 05 DEGREES 08 MINUTES 045SECONDS EAST, 232.01 FEET TO THE MOST NORTHERLY NORTHEAST6CORNER OF MARIOTT DRIVE, ACCORDING TO THE PLAT OF7DEDICATION RECORDED AS DOCUMENT NUMBER 1978811; THENCE8SOUTH 42 DEGREES 08 MINUTES 46 SECONDS WEST (RECORD SOUTH942 DEGREES 09 MINUTES 23 SECONDS WEST) ALONG THE10NORTHWESTERLY LINE OF SAID MARIOTT DRIVE, 40.70 FEET11(RECORD 40.73 FEET) TO AN ANGLE POINT IN THE NORTH LINE12OF SAID MARIOTT DRIVE; THENCE SOUTH PERPENDICULAR TO13AFOREMENTIONED MARIOTT DRIVE TO A POINT ON THE SOUTH LINE14THEREOF; THENCE WEST ALONG THE SOUTH LINE OF MARIOTT15DRIVE TO A POINT PERPENDICULAR TO A POINT IN THE NORTH16LINE OF MARIOTT DRIVE THAT IS ON A LINE, THE EXTENSION OF17WHICH IS THE EASTERLY LINE OF LOTS 1 AND 2 IN INDIAN18CREEK RESUBDIVISION; THENCE NORTH PERPENDICULAR TO19MARIOTT DRIVE TO THE AFOREMENTIONED POINT ON THE NORTH20LINE; THENCE NORTHWESTERLY ON THE EASTERLY LINE &21EXTENSION THEREOF OF AFOREMENTIONED LOTS 1 AND 2 TO THE22NORTHEAST CORNER OF LOT 2; THENCE WEST ALONG THE NORTH23LINE OF LOT 2 TO THE NORTHWEST CORNER THEREOF; THENCE24SOUTHWESTERLY PERPENDICULAR TO ILLINOIS ROUTE 2125(MILWAUKEE AVENUE DEDICATED BY DOCUMENT NUMBER 2129168)26TO THE WEST LINE THEREOF; THENCE NORTH ALONG THE WEST27LINE OF AFOREMENTIONED ILLINOIS ROUTE 21 TO THE NORTHEAST28CORNER OF LOT 1 IN MCDONALD'S - KING'S SUBDIVISION;29THENCE WEST ALONG THE NORTH LINE OF THE LAST MENTIONED30LOT 1, 218.50 FEET TO A JOG IN THE NORTH LINE THEREOF;31THENCE NORTHERLY ALONG A WESTERLY LINE OF SAID LOT 1,3220.22 FEET TO A JOG IN THE NORTH LINE; THENCE WEST ALONG33THE NORTH LINE OF LOT 1 AFORESAID 150.42 FEET TO THE34NORTHWEST CORNER OF THEREOF; THENCE SOUTH 205.94 FEETHB0708 Engrossed -839- LRB9203186EGfg 1ALONG THE WEST LINE OF AFOREMENTIONED LOT 1 TO A JOG IN2THE WEST LINE THEREOF; THENCE EAST ALONG A SOUTH LINE OF3LOT 1 TO A JOG IN THE WEST LINE THEREOF 3.45 FEET; THENCE4SOUTH 91.22 FEET ALONG THE WEST LINE LOT 1 TO THE5SOUTHWEST CORNER LOT 1 AFOREMENTIONED; THENCE SOUTHERLY6RADIAL TO RELOCATED ILLINOIS STATE ROUTE 22 TO THE SOUTH7LINE THEREOF; THENCE WEST ALONG THE SOUTH LINE OF8RELOCATED ILLINOIS STATE ROUTE 22 TO A POINT9PERPENDICULAR TO A POINT AT THE SOUTHWEST CORNER OF THE10OLD HALF DAY SCHOOL PARCEL; THENCE NORTHWESTERLY 51.4111FEET ALONG A WEST LINE OF AFORESAID SCHOOL PARCEL TO A12CORNER THEREOF; THENCE NORTHEASTERLY 169.30 FEET ALONG A13NORTHERLY LINE OF AFORESAID SCHOOL PARCEL TO A CORNER14THEREOF; THENCE NORTHWESTERLY 242.80 FEET ALONG A WEST15LINE TO THE CENTER LINE OF HALF DAY ROAD; THENCE16NORTHWESTERLY NORMAL TO THE AFORESAID ROAD TO THE17NORTHERLY RIGHT OF WAY LINE THEREOF; THENCE EAST ALONG18THE NORTH LINE OF HALF DAY ROAD TO A POINT SAID POINT IS19A BEND IN THE WEST LINE OF PROPERTY DESCRIBED BY DOCUMENT20NUMBER 2600952; THENCE NORTHWESTERLY 7.82 CHAINS ALONG21THE WEST LINE AFOREMENTIONED TO THE NORTHWEST CORNER22THEREOF; THENCE SOUTHEASTERLY 2.39 CHAINS TO THE23NORTHEAST CORNER OF THE SAID PROPERTY; THENCE24SOUTHEASTERLY ALONG THE EASTERLY LINE OF AFORESAID25PROPERTY TO THE NORTHWEST CORNER OF PROPERTY DESCRIBED IN26DOCUMENT NUMBER 2297085; THENCE EAST 2.27 CHAINS ALONG27THE NORTH LINE OF AFOREMENTIONED PROPERTY TO THE28NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG THE EAST29LINE OF THE AFOREMENTIONED PROPERTY TO THE PLACE OF30BEGINNING, (EXCEPT THEREFROM THE TRACT OF LAND AS31DESCRIBED BY DOCUMENT NUMBER 1141157 AND MILWAUKEE AVE.32ADJACENT THERETO) ALL IN LAKE COUNTY, ILLINOIS;33(77) for a period of 18 months after the effective34date of this amendatory Act of 1999, by the City ofHB0708 Engrossed -840- LRB9203186EGfg 1Marion for the acquisition of property and temporary2construction easements bounded by the following lines for3improvement of the Pentecost Road project:4A variable width strip of land lying parallel with and5contiguous to the existing east and west Right-of-Way6lines of Pentecost Road in the following quarter-quarter7section:8the NW1/4 NW1/4, Section 16; NE1/4 NE1/4, Section 17;9NW1/4 SW1/4, Section 16; SW1/4 SW1/4, Section 16; NE1/410SE1/4, Section 17; and the SE1/4 SE1/4, Section 17, all11located in Township 9 South, Range 2 East of the Third12Principal Meridian; Williamson County, Illinois;13(78) for a period of 6 months following the14effective date of this amendatory Act of the 91st General15Assembly, by the city of Geneva, for the Prairie and16Wetland Restoration Project, for the acquisition of17property described as follows:18PARCEL ONE: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF19SECTION 6, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD20PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF GENEVA, KANE21COUNTY, ILLINOIS.22PARCEL TWO: THE SOUTH HALF OF THE NORTHWEST23FRACTIONAL QUARTER OF SECTION 6, TOWNSHIP 39 NORTH, RANGE248 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP25OF GENEVA, KANE COUNTY, ILLINOIS.26PARCEL THREE: THAT PART OF THE SOUTH 1/2 OF THE27NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 728EAST OF THE THIRD PRINCIPAL MERIDIAN LYING EAST OF THE29FOLLOWING TRACT: (A STRIP OF LAND 60 FEET IN WIDTH30EXTENDING OVER AND ACROSS THE SOUTH EAST 1/4 OF THE31NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 732EAST OF THE THIRD PRINCIPAL MERIDIAN, SAID STRIP OF LAND33BEING THAT CERTAIN STRIP OF LAND AS CONVEYED BY CHARLES34W. PEMBLETON AND WIFE TO THE CHICAGO AND NORTH WESTERNHB0708 Engrossed -841- LRB9203186EGfg 1RAILWAY COMPANY (NOW THE CHICAGO AND NORTH WESTERN2TRANSPORTATION COMPANY) BY WARRANTY DEED DATED JUNE 29,31903 AND RECORDED AS DOCUMENT 64790 IN BOOK 430 ON PAGE4337 IN THE OFFICE OF THE REGISTRAR OF DEEDS FOR KANE5COUNTY, ILLINOIS) IN THE TOWNSHIP OF BLACKBERRY, KANE6COUNTY, ILLINOIS;7(79) for a period of 2 years after the effective8date of this amendatory Act of the 91st General Assembly,9by the City of Arcola for the purpose of acquiring10property in connection with a project to widen Illinois11Route 133 east of Interstate 57;12(80) for a period of 24 months after the effective13date of this amendatory Act of the 91st General Assembly,14by the County of Lake, for the acquisition of necessary15right-of-way to complete the improvement of the16intersection of County Highway 47 (9th Street) and County17Highway 27 (Lewis Avenue);18(81) for a period of 24 months after the effective19date of this amendatory Act of the 91st General Assembly,20by the County of Lake, for the acquisition of necessary21right-of-way to complete the improvement of the various22intersections and roadways involved in the project to23improve County Highway 70 (Hawley Street), County Highway2426 (Gilmer Road), and County Highway 62 (Fremont Center25Road) at and near Illinois Route 176;26(82) for a period of 30 months after the effective27date of this amendatory Act of the 91st General Assembly,28by the County of Winnebago to allow for the acquisition29of right-of-way for the construction of the Harrison30Avenue Extension project from Montague Road to West31State Street lying within Section 20, the east 1/2 of32Section 29, and the northeast 1/4 of Section 32,33Township 44W, Range 1 East of the 3rd Principal34Meridian, in Winnebago County;HB0708 Engrossed -842- LRB9203186EGfg 1(83) for a period of 2 years after the effective2date of this amendatory Act of the 91st General Assembly,3by the Village of Schiller Park, for the acquisition of4the following described property for purposes of5redevelopment of blighted areas:6The following parcel of property lying within the East7Half of the Southeast Quarter of Section 17, Township 408North, Range 12 East of the Third Principal Meridian and9the N East Half of the Southwest Quarter of Section 16,10Township 40 North, Range 12 East of the Third Principal11Meridian all in Cook County, Illinois:12Commencing at the intersection of the center line of13Irving Park Road with the west line of Mannheim Road;14thence, southwesterly along the westerly line of Mannheim15Road to its intersection with the south line of Belle16Plaine Avenue, as extended from the east; thence,17easterly along the south line of Belle Plaine Avenue to18its intersection with the west line, as extended from the19North, of Lot 7 in the Subdivision of the West Half of20the Southwest Quarter of Section 16, Township 40 North,21Range 12 East of the Third Principal Meridian (except22that part lying Northerly of Irving Park Road), recorded23April 14, 1921 as document no. 7112572; thence, northerly24along the west line, as extended from the north, of Lot 725of the aforecited Subdivision to its intersection with26the north line of Belle Plaine Avenue; thence,27northeasterly along the northwesterly line of the28property acquired by The Illinois State Toll Highway29Authority to its intersection with the east line of Lot 730of the aforecited Subdivision; thence, northerly along31the east line of Lot 7 of the aforecited Subdivision to32its intersection with the south line of Lot 2 in the33aforecited Subdivision; thence, westerly along the south34line of Lot 2 of the aforecited Subdivision to itsHB0708 Engrossed -843- LRB9203186EGfg 1intersection with the west line of Lot 2 of the2aforecited Subdivision; thence, northerly along the west3line of Lot 2 of the aforecited Subdivision and the4extension of the west line of Lot 2 to its intersection5with the center line of Irving Park Road; thence,6westerly along the center line of Irving Park Road to the7point of beginning.8Notwithstanding the property description contained in9this paragraph (83), the Village of Schiller Park may not10acquire, under the authority of this paragraph (83), any11property that is owned by any other unit of local government;12(84) for a period of 2 years after the effective13date of this amendatory Act of the 91st General Assembly,14by the City of Springfield, for the acquisition of (i)15the property located in the City of Springfield and16bounded on the north by Mason Street, on the west by17Fifth Street, on the south by Jefferson Street, and on18the east by Sixth Street and (ii) the property located in19the City of Springfield and bounded on the north by20Madison Street, on the west by Sixth Street, on the south21by Washington Street, and on the east by Seventh Street,22for the Abraham Lincoln Presidential Library;23(85) for a period of 24 months after the effective24date of this amendatory Act of the 91st General Assembly,25by McLean County, for the acquisition of property26necessary for the purpose of construction with respect to27the Towanda-Barnes Road from Route 150 to Ft. Jesse Road;28(86) for a period of 12 months after the effective29date of this amendatory Act of the 91st General Assembly,30by Pike County, for the acquisition of property necessary31for the purpose of construction with respect to F.A.S.321591, commonly known as Martinsburg Road, from one mile33north of Martinsburg to 0.25 mile north of Martinsburg;34(87) for a period of 12 months after the effectiveHB0708 Engrossed -844- LRB9203186EGfg 1date of this amendatory Act of the 91st General Assembly,2by the Fox Metro Water Reclamation District, for the3acquisition of the following described property for the4purpose of extending the collector system and5construction of facilities for treatment of effluent:6THAT PART OF LOTS 2 AND 3 OF LARSON'S SUBDIVISION7DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST8CORNER OF SAID LOT 3 BEING ON THE CENTER LINE OF9STATE ROUTE NO. 31; THENCE SOUTH 7 DEGREES 0110MINUTES WEST ALONG SAID CENTER LINE 46.58 FEET FOR11THE POINT OF BEGINNING; THENCE NORTH 7 DEGREES 0112MINUTES EAST ALONG SAID CENTER LINE 91.58 FEET;13THENCE SOUTH 88 DEGREES 31 MINUTES EAST PARALLEL14WITH THE NORTH LINE OF SAID LOT 3, 781.87 FEET TO15THE EASTERLY LINE OF SAID LOT 2; THENCE SOUTH 1916DEGREES 40 MINUTES WEST ALONG THE EASTERLY LINES OF17LOTS 2 AND 3 106.9 FEET; THENCE SOUTH 9 DEGREES 3918MINUTES EAST ALONG THE EASTERLY LINE OF SAID LOT 3,1970.83 FEET TO A LINE DRAWN SOUTH 82 DEGREES 3620MINUTES EAST, PARALLEL WITH THE SOUTHERLY LINE OF21SAID LOT 3, FROM THE PLACE OF BEGINNING; THENCE22NORTH 82 DEGREES 36 MINUTES WEST ALONG SAID PARALLEL23LINE 775.16 FEET TO THE PLACE OF BEGINNING, IN THE24TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS.25ALSO:26THAT PART OF THE SOUTHWEST 1/4 OF SECTION 5,27TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD28PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING29AT THE NORTHWEST CORNER OF THE SOUTHWEST FRACTIONAL30QUARTER OF SECTION 6, TOWNSHIP AND RANGE AFORESAID;31THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 6,321363.34 FEET; THENCE SOUTH 82 DEGREES 36 MINUTES33EAST 5298.7 FEET TO THE WESTERLY BANK OF FOX RIVER;34THENCE NORTH 18 DEGREES 46 MINUTES WEST ALONG SAIDHB0708 Engrossed -845- LRB9203186EGfg 1WESTERLY BANK 192.5 FEET FOR THE POINT OF BEGINNING;2THENCE NORTH 18 DEGREES 46 MINUTES WEST ALONG SAID3WESTERLY BANK 44.35 FEET; THENCE NORTH 37 DEGREES 164MINUTES WEST ALONG SAID WESTERLY BANK 227.8 FEET;5THENCE NORTH 82 DEGREES 36 MINUTES WEST 867.3 FEET6TO THE CENTER LINE OF THE ORIGINAL ROAD; THENCE7SOUTHERLY ALONG SAID CENTER LINE 200 FEET TO A LINE8DRAWN NORTH 82 DEGREES 36 MINUTES WEST FROM THE9POINT OF BEGINNING; THENCE SOUTH 82 DEGREES 3610MINUTES EAST 1014.21 FEET TO THE POINT OF BEGINNING,11IN THE TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS.12ALSO:13PARCEL ONE:14LOT 5 OF LARSON'S SUBDIVISION, TOWNSHIP OF OSWEGO,15KENDALL COUNTY, ILLINOIS.16PARCEL TWO:17THAT PART OF THE SOUTHWEST 1/4 OF SECTION 5,18TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD19PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING20AT THE INTERSECTION OF THE SOUTH LINE OF SAID21SECTION 5 WITH THE CENTER LINE OF ILLINOIS STATE22ROUTE NUMBER 31; THENCE NORTH 6 DEGREES 44 MINUTES23EAST ALONG SAID CENTER LINE 745.75 FEET; THENCE24SOUTH 82 DEGREES 30 MINUTES EAST 100 FEET TO THE25POINT OF BEGINNING; THENCE SOUTHWESTERLY AT RIGHT26ANGLES WITH THE LAST DESCRIBED COURSE, 110 FEET;27THENCE SOUTH 83 DEGREES 30 MINUTES EAST TO THE28CENTER THREAD OF THE FOX RIVER; THENCE NORTHERLY29ALONG SAID CENTER THREAD TO A LINE DRAWN SOUTH 8230DEGREES 30 MINUTES EAST FOR THE POINT OF BEGINNING;31THENCE NORTH 82 DEGREES 30 MINUTES WEST TO THE POINT32OF BEGINNING; IN THE TOWNSHIP OF OSWEGO, KENDALL33COUNTY, ILLINOIS.34ALSO:HB0708 Engrossed -846- LRB9203186EGfg 1THAT PART OF THE SOUTH 1/2 OF THE WEST PART OF2SECTION 5, TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE3THIRD PRINCIPAL MERIDIAN WHICH LIES EAST OF THE4CENTER LINE OF STATE ROUTE NO. 31 AND SOUTH OF A5LINE EXTENDING SOUTH 82 DEGREES 30 MINUTES EAST FROM6A POINT IN THE SAID CENTER LINE OF SAID HIGHWAY THAT7IS NORTH 6 DEGREES 44 MINUTES EAST 745.75 FEET FROM8THE SOUTH LINE OF SAID SECTION TO THE CENTER THREAD9OF THE FOX RIVER (EXCEPT THE RIGHT OF WAY OF THE10SAID STATE ROUTE NO. 31 AND A STRIP IN THE NORTHWEST11CORNER 67 FEET WIDE AND 325 FEET LONG MEASURED ALONG12THE EASTERLY LINE OF SAID HIGHWAY, USED FOR CEMETERY13PURPOSES, AND ALSO EXCEPT THAT PART LYING SOUTH OF14THE NORTH LINE OF PREMISES CONVEYED TO THE15COMMONWEALTH EDISON COMPANY BY WARRANTY DEED16RECORDED OCTOBER 9, 1959 AS DOCUMENT 127020 AND ALSO17EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT18THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 519WITH THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 31;20THENCE NORTH 6 DEGREES 44 MINUTES EAST ALONG SAID21CENTER LINE 745.75 FEET; THENCE SOUTH 82 DEGREES 3022MINUTES EAST 100 FEET FOR THE POINT OF BEGINNING;23THENCE SOUTHWESTERLY AT RIGHT ANGLES WITH THE LAST24DESCRIBED COURSE, 110 FEET; THENCE SOUTH 82 DEGREES2530 MINUTES EAST TO THE CENTER THREAD OF THE FOX26RIVER; THENCE NORTHERLY ALONG SAID CENTER THREAD TO27A LINE DRAWN SOUTH 82 DEGREES 30 MINUTES EAST FROM28THE POINT OF BEGINNING; THENCE NORTH 82 DEGREES 3029MINUTES WEST TO THE POINT OF BEGINNING), IN THE30TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS;31(88) for a period of 12 months after the effective32date of this amendatory Act of the 91st General Assembly,33by St. Clair County, for the acquisition of property34necessary for the purpose of the following county roadHB0708 Engrossed -847- LRB9203186EGfg 1improvements in the City of O'Fallon and the Village of2Shiloh: Section 95-00301-02-PV, Hartman Lane to3Shiloh-O'Fallon Road, 2.45 miles of concrete pavement, 244feet wide, 10-foot shoulders, a 95-foot single-span5bridge, earthwork, and traffic signals;6(89) for a period of 12 months after the effective7date of this amendatory Act of the 91st General Assembly,8by St. Clair County, for the acquisition of property9necessary for the purpose of the following county road10improvements in the City of Fairview Heights: Section1197-00301-04-PV, Metro-Link Station to Illinois Route 159,122.04 miles of concrete pavement, 24 feet wide, 10-foot13shoulders, earthwork, and traffic signals;14(90) for a period of 12 months after the effective15date of this amendatory Act of the 91st General Assembly,16by St. Clair County, for the acquisition of property17necessary for the purpose of the following county road18improvements in the City of O'Fallon: Section1997-03080-05-PV, Jennifer Court to Station 122+50, 1.5220miles of concrete pavement, 24 to 40 feet wide, 10-foot21shoulders, earthwork, storm sewers, curbs, and gutters;22(91) for a period of 12 months after the effective23date of this amendatory Act of the 91st General Assembly,24by Madison County, for the acquisition of property25necessary for the purpose of approximately 2.4 miles of26roadwork commencing at the intersection of Illinois Route27143 northerly over, adjacent to, and near the location of28County Highway 19 (locally known as Birch Drive) to the29intersection of Buchts Road, traversing through land30sections 19, 20, 29, 30, and 31 of Ft. Russell Township,31the work to consist of excavation, fill placement,32concrete structures, and an aggregate and bituminous base33with bituminous binder and surfacing;34(92) for a period of 2 years after the effectiveHB0708 Engrossed -848- LRB9203186EGfg 1date of this amendatory Act of the 91st General Assembly,2by Lake County, for the acquisition of property necessary3for the purpose of improving County Highway 70 (Hawley4Street) from Chevy Chase Road to County Highway 265(Gilmer Road);6(93) for a period of 12 months after the effective7date of this amendatory Act of the 91st General Assembly,8by Kendall County, for the acquisition of the following9described property for the purpose of road construction10or improvements, including construction of a bridge and11related improvements:12THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 3713NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,14KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING15AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S162ND SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 8917DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET ALONG THE18EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 4 TO THE19CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 2720MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG THE CENTER21LINE OF MINKLER ROAD TO THE CENTER LINE OF ILLINOIS ROUTE2271; THENCE NORTH 0 DEGREES 53 MINUTES 06 SECONDS WEST,231,084.14 FEET ALONG THE CENTER LINE OF MINKLER ROAD AND24THE NORTHERLY EXTENSION THEREOF TO THE NORTH RIGHT-OF-WAY25LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD FOR THE26POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 5327MINUTES 06 SECONDS WEST, 12.95 FEET TO THE SOUTH BANK OF28THE FOX RIVER; THENCE NORTH 84 DEGREES 02 MINUTES 1829SECONDS EAST, 192.09 FEET ALONG SAID SOUTH BANK; THENCE30SOUTH 23 DEGREES 08 MINUTES 48 SECONDS EAST, 4.22 FEET TO31THE NORTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN32SANTA FE RAILROAD; THENCE SOUTHWESTERLY, 194.71 FEET33ALONG A 3,956.53 FOOT RADIUS CURVE TO THE LEFT WHOSE34CHORD BEARS SOUTH 81 DEGREES 25 MINUTES 34 SECONDS WEST,HB0708 Engrossed -849- LRB9203186EGfg 1194.69 FEET TO THE POINT OF BEGINNING.2AND:3THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 374NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,5KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING6AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S72ND SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 898DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET ALONG THE9EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 4 TO THE10CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 2711MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG THE CENTER12LINE OF MINKLER ROAD TO THE CENTER LINE OF ILLINOIS ROUTE1371 FOR THE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 5314MINUTES 06 SECONDS WEST, 52.33 FEET ALONG THE CENTER LINE15OF MINKLER ROAD; THENCE NORTH 72 DEGREES 01 MINUTES 3616SECONDS EAST, 130.87 FEET ALONG THE NORTH RIGHT-OF-WAY17LINE OF ILLINOIS ROUTE 71; THENCE NORTH 18 DEGREES 0918MINUTES 27 SECONDS WEST, 111.00 FEET; THENCE NORTH 7419DEGREES 41 MINUTES 24 SECONDS EAST, 40.24 FEET; THENCE20NORTH 3 DEGREES 05 MINUTES 16 SECONDS WEST, 239.00 FEET;21THENCE SOUTH 89 DEGREES 29 MINUTES 13 SECONDS WEST, 69.6222FEET; THENCE SOUTH 43 DEGREES 09 MINUTES 14 SECONDS WEST,2346.47 FEET; THENCE SOUTH 89 DEGREES 06 MINUTES 54 SECONDS24WEST, 20.00 FEET TO THE CENTER LINE OF MINKLER ROAD;25THENCE NORTH 0 DEGREES 53 MINUTES 06 SECONDS WEST, 595.4826FEET ALONG SAID CENTER LINE AND SAID CENTER LINE EXTENDED27NORTHERLY TO THE SOUTH RIGHT-OF-WAY LINE OF THE28BURLINGTON NORTHERN SANTA FE RAILROAD; THENCE EASTERLY,29222.77 FEET ALONG A 3,881.53 FOOT RADIUS CURVE TO THE30RIGHT WHOSE CHORD BEARS NORTH 81 DEGREES 28 MINUTES 5931SECONDS EAST, 222.74 FEET; THENCE SOUTH 20 DEGREES 4332MINUTES 16 SECONDS EAST, 119.40 FEET; THENCE SOUTHERLY,33237.80 FEET ALONG A 717.37 FEET RADIUS CURVE TO THE RIGHT34WHOSE CHORD BEARS SOUTH 11 DEGREES 13 MINUTES 29 SECONDSHB0708 Engrossed -850- LRB9203186EGfg 1EAST, 236.71 FEET; THENCE SOUTH 1 DEGREES 43 MINUTES 422SECONDS EAST, 471.58 FEET; THENCE SOUTH 55 DEGREES 313MINUTES 50 SECONDS EAST, 63.07 FEET; THENCE NORTH 724DEGREES 01 MINUTES 36 SECONDS EAST, 86.50 FEET; THENCE5SOUTH 17 DEGREES 58 MINUTES 24 SECONDS EAST, 20.00 FEET6TO THE EXISTING NORTH RIGHT-OF-WAY LINE OF ILLINOIS ROUTE771; THENCE NORTH 72 DEGREES 01 MINUTES 36 SECONDS EAST,8350.00 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE OF9ILLINOIS ROUTE 71; THENCE SOUTH 17 DEGREES 58 MINUTES 2410SECONDS EAST, 50.00 FEET TO THE CENTER LINE OF ILLINOIS11ROUTE 71; THENCE SOUTH 72 DEGREES 01 MINUTES 36 SECONDS12WEST, 836.88 FEET ALONG SAID CENTER LINE TO THE POINT OF13BEGINNING.14AND:15THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 3716NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,17KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:18COMMENCING AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE19C. HERREN'S 2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING20NORTH 89 DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET21ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID22LOT 4 TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 023DEGREES 27 MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG24SAID CENTER LINE TO THE CENTER LINE OF ILLINOIS ROUTE 7125FOR THE POINT OF BEGINNING; THENCE NORTH 72 DEGREES 0126MINUTES 36 SECONDS EAST, 836.88 FEET ALONG THE CENTER27LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 17 DEGREES 5828MINUTES 24 SECONDS EAST, 50.00 FEET TO THE SOUTH29RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 6430DEGREES 54 MINUTES 06 SECONDS WEST, 201.56 FEET; THENCE31SOUTH 72 DEGREES 01 MINUTES 36 SECONDS WEST, 331.43 FEET;32THENCE SOUTH 1 DEGREES 55 MINUTES 17 SECONDS WEST, 144.0933FEET; THENCE SOUTHERLY 327.44 FEET ALONG AN 853.94 FOOT34RADIUS CURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 12HB0708 Engrossed -851- LRB9203186EGfg 1DEGREES 54 MINUTES 22 SECONDS WEST, 325.44 FEET; THENCE2SOUTH 23 DEGREES 53 MINUTES 28 SECONDS WEST, 211.523FEET; THENCE SOUTHERLY 289.43 FEET ALONG A 673.94 FOOT4RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS SOUTH 115DEGREES 35 MINUTES 17 SECONDS WEST, 287.21 FEET; THENCE6SOUTH 0 DEGREES 42 MINUTES 55 SECONDS EAST, 135.43 FEET;7THENCE SOUTH 89 DEGREES 17 MINUTES 05 SECONDS WEST, 85.988FEET TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 09DEGREES 27 MINUTES 55 SECONDS WEST, 459.31 FEET ALONG10SAID CENTER LINE; THENCE NORTH 21 DEGREES 25 MINUTES 4711SECONDS EAST, 232.86 FEET; THENCE NORTHERLY 266.09 FEET12ALONG A 693.94 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD13BEARS NORTH 12 DEGREES 54 MINUTES 22 SECONDS EAST, 264.4614FEET; THENCE NORTH 1 DEGREES 55 MINUTES 17 SECONDS EAST,1564.92 FEET; THENCE NORTH 53 DEGREES 01 MINUTES 20 SECONDS16WEST, 30.54 FEET; THENCE SOUTH 72 DEGREES 01 MINUTES 3617SECONDS WEST, 132.59 FEET TO THE CENTER LINE OF MINKLER18ROAD; THENCE NORTH 0 DEGREES 27 MINUTES 55 SECONDS WEST,1973.38 FEET ALONG SAID CENTER LINE TO THE POINT OF20BEGINNING;21(94) For a period of 2 years after the effective22date of this amendatory Act of the 91st General Assembly,23by DuPage Public Safety Communications (DU-COMM), a unit24of intergovernmental cooperation, for the acquisition of25property including land, buildings, towers, fixtures, and26other improvements located at Cloverdale, Illinois and27described as follows:28A tract or parcel of land situated in the Southeast29Quarter (SE 1/4) of Section Twenty-one (21), Township30Forty (40) North, Range Ten (10) East of the Third31Principal Meridian, more particularly described as32follows:33Commencing at the Southwest corner of the34Southeast Quarter (SE 1/4) of said SectionHB0708 Engrossed -852- LRB9203186EGfg 1Twenty-one (21), measure North, along the West line2of the Southeast Quarter (SE 1/4) of said Section3Twenty-one (21) 1287.35 feet, then East at right4angles to the said West line of the Southeast5Quarter (SE 1/4) of said Section Twenty-one (21),6292.57 feet to the point of beginning;7Thence East along the last described course8208.71 feet, thence South at right angles to the9last described course 208.71 feet, thence West at10right angles to the last described course 208.7111feet, thence North in a direct line 208.71 feet to12the point of beginning; also13A right of way and easement thirty-three (33) feet14in width for the construction, maintenance, and use of15(a) a roadway suitable for vehicular traffic, and (b)16such aerial or underground electric power and17communication lines as said Company may from time to time18desire, consisting of poles, wires, cables, conduits,19guys, anchors, and other fixtures and appurtenances, the20center line of which right of way and easement is21described as follows:22Commencing at a point on the West line of the23tract or parcel of land above described, distant24Southerly 16.5 feet from the Northwest corner of25said tract or parcel, thence Westerly at right26angles to the West line of the Southeast Quarter (SE271/4) of said Section Twenty-one (21), 293 feet more28or less to the public road situated on the West line29of the Southeast Quarter (SE 1/4) of said Section30Twenty-one (21), Township and Range aforesaid;31(95) for a period of 3 years after the effective date of32this amendatory Act of the 91st General Assembly (in the case33of the permanent easements described in items (A) and (C)),34by the City of Crest Hill, for acquisition of the followingHB0708 Engrossed -853- LRB9203186EGfg 1easements:2(A) Permanent easement for the purposes of3installation, maintenance, and use of water or sewer, or4both water and sewer, lines in, along, through, and under5the following legally described property:6The East 70 feet of the North half of the North half7of the Southeast Quarter of Section 30, Township 368North, and in Range 10, East of the Third Principal9Meridian (Except therefrom the North 12 Rods of the East1013 1/2 Rods thereof, and also except the South 99 feet of11the East 440 feet thereof), in Will County, Illinois.12(B) Temporary easement for purposes of initial13construction of the water or sewer, or both water and14sewer, lines in, along, through, and under the permanent15easement described in item (A). The temporary easement16herein shall arise on September 1, 1999 and shall cease17on August 31, 2001 and is legally described as follows:18The East 100 feet of the North half of the North19half of the Southeast Quarter of Section 30, Township 3620North, and in Range 10, East of the Third Principal21Meridian (Except therefrom the North 12 Rods of the East2213 1/2 Rods thereof, and also except the South 99 feet of23the East 440 feet thereof), in Will County, Illinois.24(C) Permanent easement for the purposes of25installation, maintenance, and use of water or sewer, or26both water and sewer, lines in, along, through, and under27the following legally described property:28The East 70 feet of the West 120 feet of the South29half of the Southeast Quarter of Section 30, in township3036 North, and in Range 10 East of the Third Principal31Meridian, in Will County, Illinois, excepting therefrom32the following described tracts:33Exception 1: That part of said South half lying34Southwesterly of the Northeasterly right-of-way line ofHB0708 Engrossed -854- LRB9203186EGfg 1the Elgin, Joliet and Eastern Railway Company, in Will2County, Illinois.3Exception 2: The West 200 feet of said South half,4in Will County, Illinois.5Exception 3: That part of the South half of the6Southeast Quarter of Section 30, Township 36 North, and7in Range 10 East of the Third Principal Meridian,8described as follows: Beginning at a point 250 feet East9of the West line of said South half of the Southeast10Quarter and 180.58 feet North of the South line of said11South half of the Southeast Quarter; thence North along a12line 250 feet East of and parallel with the West line of13said Southeast Quarter a distance of 1004.55 feet to a14point; thence Northwesterly along a diagonal line 65.8515feet to its intersection with a line drawn 200 feet East16of and parallel to the West line of said Southeast17Quarter, said point also being 100.75 feet South of the18North line of the South half of said Southeast Quarter,19as measured along said parallel line; thence South along20the last described parallel line a distance of 1045.0221feet to a point 50 feet West of the point of beginning22and 180.58 feet North of the South line of said Southeast23Quarter; thence East 50 feet to the point of beginning,24in Will County, Illinois.25Exception 4: Beginning at the Southeast corner of26the Southeast Quarter of Section 30, Township 36 North,27and in Range 10 East of the Third Principal Meridian,28thence Northerly along the East line of said Section for29a distance of 346.5 feet; thence Westerly along a line30346.5 feet distant from and parallel with the South line31of said Section for a distance of 297 feet; thence32Southerly along a line 297 feet distant from and parallel33with the East line of said Section for a distance of34346.5 feet to a point, said point being on the South lineHB0708 Engrossed -855- LRB9203186EGfg 1of said Section; thence Easterly along said South line of2said Section 297 feet to the point of beginning, in Will3County, Illinois.4Exception 5: That part dedicated for highway5purposes in instrument recorded January 28, 1986 as6Document No. R86-03205 described as follows: That part of7the South half of the Southeast Quarter of Section 30,8Township 36 North, and in Range 10 East of the Third9Principal Meridian bounded and described as follows:10Beginning at the point of intersection of the11Northeasterly right-of-way line of the Elgin, Joliet and12Eastern Railway Company with the South line of said13Southeast Quarter, thence on an assumed bearing of North1490.00 degrees 00 minutes 00 seconds East along said South15line a distance of 288.02 feet; thence North 00 degrees1600 minutes 00 seconds East a distance of 33.0 feet;17thence North 86 degrees 25 minutes 22 seconds West a18distance of 352.57 feet to the Northeasterly right-of-way19line of said railway company; thence South 49 degrees 1520minutes 53 seconds East along said Northeasterly21right-of-way line, a distance of 84.28 feet to the point22of beginning, in Will County, Illinois.23Exception 6: The North 850 feet of the East 102524feet of the South half of the Southeast Quarter of25Section 30, Township 36 North, and in Range 10 East of26the Third Principal Meridian, in Will County, Illinois.27(D) Temporary easement for purposes of initial28construction of the water or sewer, or both water and29sewer, lines in, along, through, and under the permanent30easement described in item (C). The temporary easement31herein shall arise on September 1, 1999 and shall cease32on August 31, 2001 and is legally described as follows:33The East 100 feet of the West 150 feet of the South34half of the Southeast Quarter of Section 30, in TownshipHB0708 Engrossed -856- LRB9203186EGfg 136 North, and in Range 10 East of the Third Principal2Meridian, in Will County, Illinois, excepting therefrom3the following described tracts:4Exception 1: That part of said South half lying5Southwesterly of the Northeasterly right-of-way line of6the Elgin, Joliet and Eastern Railway Company, in Will7County, Illinois.8Exception 2: The West 200 feet of said South half,9in Will County, Illinois.10Exception 3: That part of the South half of the11Southeast Quarter of Section 30, Township 36 North, and12in Range 10 East of the Third Principal Meridian,13described as follows: Beginning at a point 250 feet East14of the West line of said South half of the Southeast15Quarter and 180.58 feet North of the South line of said16South half of the Southeast Quarter; thence North along a17line 250 feet East of and parallel with the West line of18said southeast Quarter a distance of 1004.55 feet to a19point; thence Northwesterly along a diagonal line 65.8520feet to its intersection with a line drawn 200 feet East21of and parallel to the West line of said Southeast22Quarter, said point also being 100.75 feet South of the23North line of the South half of said Southeast Quarter,24as measured along said parallel line; thence South along25the last described parallel line a distance of 1045.0226feet to a point 50 feet West of the point of beginning27and 180.58 feet North of the South line of said Southeast28Quarter; thence East 50 feet to the point of beginning,29in Will County, Illinois.30Exception 4: Beginning at the Southeast corner of31the Southeast Quarter of Section 30, Township 36 North,32and in Range 10 East of the Third Principal Meridian,33thence Northerly along the East line of said Section for34a distance of 346.5 feet; thence Westerly along a lineHB0708 Engrossed -857- LRB9203186EGfg 1346.5 feet distant from and parallel with the South line2of said Section for a distance of 297 feet; thence3Southerly along a line 297 feet distant from and parallel4with the East line of said Section for a distance of5346.5 feet to a point, said point being on the South line6of said Section; thence Easterly along said South line of7said Section 297 feet to the point of beginning, in Will8County, Illinois.9Exception 5: That part dedicated for highway10purposes in instrument recorded January 28, 1986 as11Document No. R86-03205 described as follows: That part of12the South half of the Southeast Quarter of Section 30,13Township 36 North, and in Range 10 East of the Third14Principal Meridian bounded and described as follows:15Beginning at the point of intersection of the16Northeasterly right-of-way line of the Elgin, Joliet and17Eastern Railway Company with the South line of said18Southeast Quarter; thence on an assumed bearing of North1990.00 degrees 00 minutes 00 seconds East along said South20line a distance of 288.02 feet; thence North 00 degrees2100 minutes 00 seconds East a distance of 33.0 feet;22thence North 86 degrees 25 minutes 22 seconds West a23distance of 352.57 feet to the Northeasterly right-of-way24line of said railway company; thence South 49 degrees 1525minutes 53 seconds East along said Northeasterly26right-of-way line, a distance of 84.28 feet to the point27of beginning, in Will County, Illinois.28Exception 6: The North 850 feet of the East 102529feet of the South half of the Southeast Quarter of30Section 30, Township 36 North, and in Range 10 East of31the Third Principal Meridian, in Will County, Illinois;32(96) for a period of 4 years after the effective date of33this amendatory Act of the 91st General Assembly, by the34Village of Palatine, for the acquisition of the followingHB0708 Engrossed -858- LRB9203186EGfg 1described property for the purpose of revitalizing the2downtown business area:3Lots 1 through 3 in Block D of the Subdivision of the4North 24.60 acres in the NE 1/4 of the NE 1/4 of Section 22,5Township 42, Range 10 East of the Third Principal Meridian,6in Cook County, IL;7Property bounded by Bothwell Street, Railroad8right-of-way, Plum Grove Road and Chicago Avenue in the9Village of Palatine;10Lots 1 through 8 in Block K, of the Town of Palatine, a11subdivision of the West 16 2/3 acres of the South 31 acres of12the West 1/2 of the Southwest 1/4 of Section 14 and the13Southeast 24.12 acres of the South 31 acres of the East 1/214of the Southeast 1/4 of Section 15, Township 42 North, Range1510, East of the Third Principal Meridian, Ante-Fire,16Re-recorded April 10, 1877 as Document 129579, in Cook17County, Illinois;18Property bounded by Wilson Street, Plum Grove Road, Slade19Street, Railroad right-of-way and Bothwell Street in the20Village of Palatine;21Lots 1 through 8 in Block 8 of the Subdivision of part of22the East 1/2 of the SE 1/4 Section, Ante-Fire, Re-recorded on23April 10, 1877 as Document Number 129579;24Lots 20 and 21 and the West 71.25 feet of Lot 24 of25Arthur T. McIntosh and Company's Palatine Farms, being a26subdivision of Section 16, Township 42, Range 10 East of the27Third Principal Meridian, in Cook County, IL, recorded on28June 16, 1919;29Lots 1 through 3 of Millin's Subdivision of the SE 1/4 of30Section 15, Township 42, Range 10 East of the Third31Principal Meridian, in Cook County, IL;32Property bounded by Colfax Street, Smith Street and33Millin's Subdivision of the SE 1/4 of Section 15, Township3442, Range 10 East of the Third Principal Meridian, in CookHB0708 Engrossed -859- LRB9203186EGfg 1County, IL;2Property bounded by Wood Street, Brockway Street and3Railroad right-of-way in the Village of Palatine;4Lots 45 through 50 and 58 through 64 of Arthur T.5McIntosh and Company's Palatine Farms, being a subdivision of6Section 16, Township 42, Range 10 East of the Third Principal7Meridian, in Cook County, IL, recorded on June 16, 1919; and8Property bounded by Railroad right-of-way, Brockway Street9and Slade Street in the Village of Palatine.10 (b) In a proceeding subject to this Section, the 11 plaintiff, at any time after the complaint has been filed and 12 before judgment is entered in the proceeding, may file a 13 written motion requesting that, immediately or at some 14 specified later date, the plaintiff either be vested with the 15 fee simple title (or such lesser estate, interest or 16 easement, as may be required) to the real property, or 17 specified portion thereof, which is the subject of the 18 proceeding, and be authorized to take possession of and use 19 such property; or only be authorized to take possession of 20 and to use such property, if such possession and use, without 21 the vesting of title, are sufficient to permit the plaintiff 22 to proceed with the project until the final ascertainment of 23 compensation; however, no land or interests therein now or 24 hereafter owned, leased, controlled or operated and used by, 25 or necessary for the actual operation of, any common carrier 26 engaged in interstate commerce, or any other public utility 27 subject to the jurisdiction of the Illinois Commerce 28 Commission, shall be taken or appropriated hereunder by the 29 State of Illinois, the Illinois Toll Highway Authority, the 30 sanitary district, the St. Louis Metropolitan Area Airport 31 Authority or the Board of Trustees of the University of 32 Illinois without first securing the approval of such 33 Commission. 34 Except as hereinafter stated, the motion for taking shall HB0708 Engrossed -860- LRB9203186EGfg 1 state: (1) an accurate description of the property to which 2 the motion relates and the estate or interest sought to be 3 acquired therein; (2) the formally adopted schedule or plan 4 of operation for the execution of the plaintiff's project; 5 (3) the situation of the property to which the motion 6 relates, with respect to the schedule or plan; (4) the 7 necessity for taking such property in the manner requested in 8 the motion; and (5) if the property (except property 9 described in Section 3 of the Sports Stadium Act, or property 10 described as Site B in Section 2 of the Metropolitan Pier and 11 Exposition Authority Act) to be taken is owned, leased, 12 controlled or operated and used by, or necessary for the 13 actual operation of, any interstate common carrier or other 14 public utility subject to the jurisdiction of the Illinois 15 Commerce Commission, a statement to the effect that the 16 approval of such proposed taking has been secured from such 17 Commission, and attaching to such motion a certified copy of 18 the order of such Commission granting such approval. If the 19 schedule or plan of operation is not set forth fully in the 20 motion, a copy of such schedule or plan shall be attached to 21 the motion. 22 (Source: P.A. 90-6, eff. 6-3-97; 90-14, eff. 7-1-97; 90-232, 23 eff. 7-25-97; 90-370, eff. 8-14-97; 90-581, eff. 5-22-98; 24 90-655, eff. 7-30-98; 90-663, eff. 7-30-98; 91-357, eff. 25 7-29-99; 91-367, eff. 7-30-99; revised 8-17-99.) 26 (735 ILCS 5/7-103.48) 27 Sec. 7-103.48. Quick-take; MetroLink Light Rail System. 28 Quick-take proceedings under Section 7-103 may be used for a 29 period of 4836months after January 16, 1997, by the 30 Bi-State Development Agency of the Missouri-Illinois 31 Metropolitan District for the acquisition of rights of way 32 and related property necessary for the construction and 33 operation of the MetroLink Light Rail System, beginning in HB0708 Engrossed -861- LRB9203186EGfg 1 East St. Louis, Illinois, and terminating at Mid America 2 Airport, St. Clair County, Illinois. 3 (Source: P.A. 91-357, eff. 7-29-99; 91-367, eff. 7-30-99; 4 revised 8-17-99.) 5 (735 ILCS 5/7-103.68) 6 Sec. 7-103.68. Quick-take; Village of Rosemont. 7 Quick-take proceedings under Section 7-103 may be used for a 8 period of 3 years after July 30, 1998, by the Village of 9 Rosemont for redevelopment purposes, including infrastructure 10 improvements, construction of streets, stormwater facilities, 11 and drainage areas, and flood plain improvements, for the 12 acquisition of property described as follows: 13 That part of the Northwest Quarter and that part of 14 the Southwest Quarter of Section 3, Township 40 North, 15 Range 12, East of the Third Principal Meridian, and being 16 more particularly described as follows: 17 Beginning at the point of intersection of the west 18 right-of-way line of River Road (as shown on the plat of 19 subdivision for Gerhart Huehl Estates Division per 20 document number 4572711) and the southerly line of Lot 7 21 in said Gerhart Huehl Estates Division; thence north 14 22 degrees 38 minutes 19 seconds west, along the aforesaid 23 west right-of-way of River Road, to the point of 24 intersection with a line drawn 490.0 feet south of and 25 parallel to the north line of Lot 3 in the said Gerhart 26 Huehl Estates Division; thence north 89 degrees 07 27 minutes 41 seconds west, along the previously described 28 parallel line 554.77 feet to the point, said point being 29 540.00 feet east of the easterly right-of-way line of 30 Schafer Court (Schafer Court being an unrecorded 31 roadway); thence, north 0 degrees 00 minutes 00 seconds 32 east, 284.12 feet to the point of intersection with south 33 line of the aforesaid Lot 3 (said south line also being HB0708 Engrossed -862- LRB9203186EGfg 1 the north line of Lot 6 in Gerhart Huehl Estates 2 Division); thence north 89 degrees 04 minutes 45 seconds 3 west, along the said south line of Lot 3, 478.29 feet to 4 the point of intersection with the aforesaid easterly 5 right-of-way line of Schafer Court; thence south 12 6 degrees 16 minutes 34 seconds west, along the said 7 easterly right-of-way line, 312.83 feet; thence south 18 8 degrees 09 minutes 05 seconds west, continuing along the 9 said easterly right-of-way line, 308.16 feet to the point 10 of intersection with the northerly right-of-way line of 11 Higgins Road as dedicated per document number 11056708; 12 thence, north 66 degrees 43 minutes 09 seconds west along 13 said northerly right-of-way line of Higgins Road to the 14 easterly right-of-way of the Northwest Toll Road; thence 15 southerly along said easterly right-of-way of the 16 Northwest Toll Road to the southerly right-of-way of 17 Maple Avenue extended westerly; thence easterly along 18 said southerly right-of-way line of Maple Avenue 19 (recorded as Bock Avenue) to the easterly right-of-way 20 line of Gage Street; thence northerly along said easterly 21 right-of-way line of Gage Street to the southerly line of 22 Lot 2 in River Rose Subdivision Unit 2 per document 23 number 19594706; thence easterly along the southerly line 24 of said Lot 2 in River Rose Subdivision Unit Number 2 and 25 said southerly line extended easterly to the easterly 26 right-of-way line of Glen Lake Drive (as dedicated in 27 River Rose Subdivision per Document Number 19352146 and 28 dedicated as Willow Creek Drive); thence southwesterly 29 along said easterly right-of-way line to the northwest 30 corner of Lot 1 in said River Rose Subdivision; thence 31 south 59 degrees 08 minutes 47 seconds east, along the 32 northerly lines of Lots 1 through 13 (both inclusive) in 33 the said River Rose subdivision, 757.48 feet to the most 34 northeasterly corner of said Lot 13; thence south 11 HB0708 Engrossed -863- LRB9203186EGfg 1 degrees 05 minutes 25 seconds west, along the easterly 2 line of said lot 13 in said River Rose Subdivision, 14.08 3 feet to the northerly line of Glen J. Nixon's subdivision 4 as per document 19753046; thence easterly along said 5 northerly line, 237.43 feet to the westerly right-of-way 6 of said Des Plaines River Road; 7 Thence southerly along said westerly right-of-way of 8 Des Plaines River Road to the southerly line of the 9 Northerly 90 feet of Lot 2 in said Glen J. Nixon's 10 subdivision; thence westerly along said southerly line to 11 the westerly line of said Glen J. Nixon's subdivision; 12 thence southerly along the said westerly line of Glen J. 13 Nixon's subdivision to the southerly right-of-way of an 14 unrecorded roadway; thence south 70 degrees 43 minutes 16 15 seconds west, along the southerly line of the unrecorded 16 roadway, 108.23 feet; thence continuing along the 17 southerly right-of-way of the unrecorded roadway, 95.34 18 feet along an arc of a circle whose radius is 110.00 feet 19 and being convex to the south; thence north 56 degrees 32 20 minutes 25 seconds west, continuing along the southerly 21 right-of-way of the said unrecorded roadway, 216.00 feet 22 to the southwest corner of said Glen Lake Drive as 23 dedicated in the aforesaid River Rose subdivision; thence 24 north 59 degrees 10 minutes 12 seconds west, along the 25 southerly right-of-way of said Glen Lake Drive, 327.48 26 feet, to the point of intersection with east line of Lot 27 8 in Block 1 in Higgins Road Ranchettes Subdivision per 28 Document Number 13820089; thence northerly along the east 29 line of said Lot 8, 97.24 feet to a point; said point 30 being 66.00 feet south of the northeast corner of said 31 Lot 8; thence north 89 degrees 36 minutes 54 seconds 32 west, along a line which is 66.00 feet south of and 33 parallel to the north line of Lots 3, 4, 5, 6, 7, and 8 34 in said Higgins Road Ranchettes Subdivision (said HB0708 Engrossed -864- LRB9203186EGfg 1 parallel line also being the south line of an unrecorded 2 street known as Glenlake Street), 621.61 feet to the 3 point of intersection with the northeasterly right-of-way 4 line of Toll Road; the next four courses being along the 5 said northeasterly right-of-way line of the Toll Road; 6 thence south 21 degrees 28 minutes 12 seconds east, 7 219.81 feet; thence south 34 degrees 29 minutes 34 8 seconds east, 261.77 feet; thence south 52 degrees 02 9 minutes 04 seconds east, 114.21 feet; thence south 52 10 degrees 07 minutes 21 seconds east to the westerly line 11 (extended northerly) of Lots 83 through 87 inclusive in 12 Frederick H. Bartlett's River View Estates recorded as 13 Document Number 853426 in Cook County; thence southerly 14 along said westerly line to the southerly right-of-way 15 line of Thorndale Avenue; thence easterly along said 16 southerly right-of-way line of Thorndale Avenue 14.65 17 feet; thence southerly along a line parallel with the 18 said westerly line of Lots 83 through 87 inclusive and 19 14.38 feet easterly, 139.45 feet; thence southwesterly 20 along a line which ends in the southerly line of said Lot 21 84 extended westerly, 85.35 feet westerly from the 22 southwest corner of said Lot 84; thence easterly along 23 said southerly line to the westerly right-of-way of Des 24 Plaines River Road; thence northerly along said westerly 25 right-of-way line to the said northerly line of the Toll 26 Road; thence south 52 degrees 07 minutes 21 seconds east, 27 along said right-of-way to the centerline of said Des 28 Plaines River Road; thence south 11 degrees 06 minutes 48 29 seconds west, along said centerline, 1.47 feet; thence 30 south 55 degrees 56 minutes 09 seconds east, continuing 31 along the said northeasterly right-of-way line of the 32 Toll Road (said line also being the south line of Lot 1 33 in Rosemont Industrial Center per Document Number 34 20066369), 411.98 feet; thence south 61 degrees 51 HB0708 Engrossed -865- LRB9203186EGfg 1 minutes 06 seconds east, continuing along the said 2 northeasterly right-of-way line of the Toll Road (said 3 line also being along the south line of Lots 1, 2, and 5 4 in said Rosemont Industrial Center), 599.13 feet to the 5 southeast corner of said Lot 5; thence north 12 degrees 6 45 minutes 47 seconds east, along the east lines of Lots 7 3 and 5 in said Rosemont Industrial Center, 424.40 feet; 8 thence north 33 degrees 51 minutes 39 seconds east, along 9 the east lines of Lots 3 and 4 in the said Rosemont 10 Industrial Center, 241.42 feet to the northeast corner of 11 said Lot 4; thence north 33 degrees 51 minutes 40 seconds 12 east, 189.38 feet to the center of said Section 3; thence 13 north 2 degrees 42 minutes 55 seconds east, along the 14 east line of the northwest quarter of said Section 3, 15 375.90 feet to the point of intersection with the south 16 line of Higgins Road, as widened per Document Number 17 11045055; the next three courses being along the said 18 south right-of-way line of Higgins Road; thence north 64 19 degrees 30 minutes 51 seconds west, 53.65 feet; thence 20 northwesterly, 436.47 feet along an arc of a circle whose 21 radius is 1,482.69 feet and being convex to the 22 southwest; thence north 47 degrees 57 minutes 51 seconds 23 west, 73.57 feet; thence northeasterly, along an arc of a 24 circle whose radius is 5,679.65 feet and being convex to 25 the northeast, to a point of intersection of said 26 southerly right-of-way of Higgins Road and the 27 southeasterly line of the land conveyed to James H. Lomax 28 by Document Number 1444990; thence northeasterly along 29 said southeasterly line extended, 197 feet to the center 30 line of the Des Plaines River; thence north 49 degrees 11 31 minutes 20 seconds west 325.90 feet; thence continuing in 32 the said center line of the Des Plaines River, north 27 33 degrees 56 minutes 17 seconds west 370.53 feet; thence 34 north 12 degrees 10 minutes 40 seconds east, 16.0 feet; HB0708 Engrossed -866- LRB9203186EGfg 1 thence southwesterly along said southeasterly line of Lot 2 7 extended in Gerhart Huehl Estates Division, to said 3 place of beginning; 4 Plus, 5 That part of the West half of the Northwest quarter 6 of Section 3, Township 40 North, Range 12 East of the 7 Third Principal Meridian, in Cook County, Illinois, 8 described as follows: 9 Beginning at the intersection of the South line of 10 Devon Avenue with the East line of Shafer Court being a 11 point 281.01 feet East of the West line of the 12 aforementioned West half of the Northwest quarter of 13 Section 33; thence Southerly along the East line of said 14 Shafer Court, 193.91 feet to the South line of Lot 3 in 15 Gerhart Huehl Estate Division according to the plat 16 thereof recorded June 3, 1910, as Document 4572711, being 17 a point 241.74 feet East of the aforementioned West half 18 of the Northwest quarter of Section 33; thence East along 19 the South line of said Lot 3, a distance of 508.5 feet to 20 a point 487.69 feet West of the centerline of River Road; 21 thence continuing easterly along the last described line 22 as extended to the west line of River Road; thence 23 northerly along the west line of River Road to the South 24 line of Devon Avenue; thence westerly along the south 25 line of Devon Avenue to the point of beginning; 26 Plus, 27 That part of the Southwest quarter of Section 3, 28 Township 40 North, Range 12 East of the Third Principal 29 Meridian, in Cook County, Illinois, described as follows: 30 Beginning at the Southeast corner of Rosemont 31 Industrial Center, being a subdivision recorded February 32 17, 1967 as Document 20066369; thence Northwesterly along 33 the South line of Rosemont Industrial Center aforesaid, 34 and said South line extended to the Westerly line of HB0708 Engrossed -867- LRB9203186EGfg 1 River Road to the South; thence Southwesterly along said 2 Westerly line, to the North line of Interstate 290; 3 thence Easterly along said North line, to the West line 4 of property owned by the Forest Preserve; thence along 5 and then Northerly along the irregular West line of 6 property owned by the Forest Preserve and extended across 7 the Interstate 290 right-of-way, to the point of 8 beginning; 9 Plus, 10 The Northerly 90 feet of Lot 2 in Glen J. Nixon's 11 Subdivision of part of Lot 15 in Assessor's Division of 12 part of Section 3, Township 40 North, Range 12, East of 13 the Third Principal Meridian, according to the plat 14 thereof recorded March 1, 1966 as Document 19753046, in 15 Cook County, Illinois, (except therefrom that part used 16 for River Road), all in Cook County. 17 PLUS, 18 THAT PART OF THE NORTHWEST QUARTER OF SECTION 3 19 TOWNSHIP 40 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL 20 MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS 21 FOLLOWS: 22 BEGINNING AT THE POINT OF INTERSECTION OF THE 23 EASTERLY RIGHT-OF-WAY LINE OF THE NORTHWEST TOLL ROAD AND 24 THE SOUTHERLY RIGHT-OF-WAY LINE OF MAPLE AVENUE EXTENDED 25 WESTERLY; THENCE EASTERLY ALONG SAID SOUTHERLY 26 RIGHT-OF-WAY LINE OF MAPLE AVENUE (RECORDED AS BOCK 27 AVENUE) TO THE EASTERLY RIGHT-OF-WAY LINE OF GAGE STREET; 28 THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF 29 GAGE STREET TO THE SOUTHERLY LINE OF LOT 2 IN RIVER ROSE 30 SUBDIVISION UNIT 2 PER DOCUMENT NUMBER 19594706; THENCE 31 EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 2 IN RIVER 32 ROSE SUBDIVISION UNIT NUMBER 2 AND SAID SOUTHERLY LINE 33 EXTENDED EASTERLY TO THE EASTERLY RIGHT-OF-WAY LINE OF 34 GLEN LAKE DRIVE (AS DEDICATED IN RIVER ROSE SUBDIVISION HB0708 Engrossed -868- LRB9203186EGfg 1 PER DOCUMENT NUMBER 19352146 AND DEDICATED AS WILLOW 2 CREEK DRIVE); THENCE SOUTHWESTERLY ALONG SAID EASTERLY 3 RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN 4 SAID RIVER ROSE SUBDIVISION; THENCE SOUTHEASTERLY ALONG 5 THE NORTHERLY LINE OF SAID LOT 1 IN SAID RIVER ROSE 6 SUBDIVISION, 86.0 FEET TO THE NORTHEAST CORNER OF SAID 7 LOT 1; THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF 8 SAID LOT 1, 120.0 FEET TO THE SOUTHEAST CORNER OF SAID 9 LOT 1; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF 10 SAID LOT 1 AND THE NORTHERLY RIGHT-OF-WAY LINE OF RIVER 11 ROSE STREET (AS DEDICATED IN RIVER ROSE SUBDIVISION PER 12 DOCUMENT NUMBER 19352146), 34.3 FEET TO THE INTERSECTION 13 OF THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RIVER ROSE 14 STREET AND THE EASTERLY LINE OF SAID WILLOW CREEK DRIVE, 15 ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 1; THENCE 16 SOUTHEASTERLY ALONG THE EASTERLY RIGHT-OF-WAY LINE OF 17 SAID WILLOW CREEK DRIVE TO THE MOST SOUTHWESTERLY CORNER 18 OF LOT 27 IN SAID RIVER ROSE SUBDIVISION; THENCE 19 SOUTHWESTERLY TO THE INTERSECTION OF THE NORTHWESTERLY 20 CORNER OF LOT "B" IN SAID RIVER ROSE SUBDIVISION WITH THE 21 EAST LOT LINE OF LOT 8 IN BLOCK 1 IN HIGGINS ROAD 22 RANCHETTES SUBDIVISION PER DOCUMENT NUMBER 13820089; 23 THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 8, 97.24 24 FEET TO A POINT; SAID POINT BEING 66.00 FEET SOUTH OF THE 25 NORTHEAST CORNER OF SAID LOT 8; THENCE WESTERLY, ALONG A 26 LINE WHICH IS 66.00 FEET SOUTH OF AND PARALLEL TO THE 27 NORTH LINE OF LOTS 3, 4, 5, 6, 7, AND 8 IN SAID HIGGINS 28 ROAD RANCHETTES SUBDIVISION AND THEN WESTERLY THEREOF 29 (SAID PARALLEL LINE ALSO BEING THE SOUTH LINE OF AN 30 UNRECORDED STREET KNOWN AS GLENLAKE STREET), TO THE POINT 31 OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF 32 THE AFORESAID NORTHWEST TOLL ROAD; THENCE NORTHWESTERLY 33 ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID NORTHWEST 34 TOLL ROAD TO THE POINT OF BEGINNING; HB0708 Engrossed -869- LRB9203186EGfg 1 AREA 1: 2 That part of the South West Quarter of Section 33, 3 Township 41 North, Range 12 East of the third Principal 4 Meridian, lying North of a line 575 feet north (measured 5 at 90 degrees) of the South line of said South West 6 Quarter, lying West of a line 451.45 feet East (measured 7 at 90 degrees) of the West line of said South West 8 Quarter and South of the center line of Higgins Road 9 (except parts taken or used for highway purposes, 10 including the land taken by condemnation in Case No. 65 L 11 8179 Circuit Court of Cook County, Illinois, described as 12 follows: That part of the South West Quarter of Section 13 33, Township 41 North, Range 12 East of the Third 14 Principal Meridian, bounded and described as follows: 15 Beginning at a point of intersection of the center line 16 of Higgins Road, as now located and established with the 17 West line of the South West Quarter of said Section 33; 18 thence South along said West line of the South West 19 Quarter of said Section, a distance of 560.2 feet to a 20 point in the North line of the South 575.0 feet of said 21 South West Quarter of said Section 33; thence East along 22 said North line of the South 575.0 feet of the South West 23 Quarter of said Section 33, a distance of 45.0 feet to a 24 point; thence Northeasterly in a straight line a distance 25 of 179.27 feet to a point, distance 50.0 feet East, 26 measured at right angles from the West line of the South 27 West Quarter of said Section 33; thence Northeasterly in 28 a straight line a distance of 187.38 feet to a point, 29 distant 62.0 feet East, measured at right angles from 30 said West line of the South West Quarter of said Section 31 33; thence North parallel with the said West line of the 32 South West Quarter of said Section 33 a distance of 44.74 33 feet to a point of curvature; thence Northeasterly along 34 a curved line, concave to the Southeast, having a radius HB0708 Engrossed -870- LRB9203186EGfg 1 of 50.0 feet and a central angle of 107 degrees 28 2 minutes, a distance of 93.73 feet to a point of tangency, 3 distant 50.0 feet Southwest measured at right angles from 4 the center line of Higgins Road; thence Southeasterly 5 parallel with the center line of Higgins Road, a distance 6 of 345.09 feet to a point on a line distant, 16.0 feet 7 west of the east line of the west 467.34 feet of the 8 South West Quarter of said Section 33; thence North in a 9 straight line a distance of 58.71 feet to a point on said 10 center line of Higgins Road; thence Northwesterly along 11 said center line of Higgins Road a distance of 478.23 12 feet to the place of beginning) in Cook County, Illinois. 13 AREA 2: 14 That part of the South West 1/4 of Section 33, 15 Township 41 North, Range 12, East of the Third Principal 16 Meridian, lying West of the West Right of Way Line of the 17 Minneapolis, St. Paul and Sault Ste. Marie Railroad 18 (formerly the Chicago and Wisconsin Railroad) and South 19 of the center line of Higgins Road (except therefrom the 20 South 200 feet of the West 467.84 feet of said South West 21 1/4 and also excepting therefrom that part of said South 22 West 1/4 lying North of the North line of the South 575 23 feet of said South West 1/4 and West of a line 16 feet 24 West of and parallel with the West line of the Tract of 25 land described in a Deed dated May 22, 1929, and recorded 26 July 9, 1929, as Document Number 10422646 (the Tract 27 described in said Deed being the East 10 acres of that 28 part of the South West 1/4 of Section 33, Township 41 29 North, Range 12, East of the Third Principal Meridian, 30 lying South of the Center line of Higgins Road and West 31 of the West line extended North to the center of said 32 Higgins Road of the East 20.62 chains of the North West 33 1/4 of Section 4, Township 40 North, Range 12, East of 34 the Third Principal Meridian (excepting therefrom the HB0708 Engrossed -871- LRB9203186EGfg 1 right of way of the Minneapolis, St. Paul and Sault Ste. 2 Marie Railroad, formerly the Chicago and Wisconsin 3 Railroad) and also excepting the South 50 feet of the 4 said South West 1/4 lying East of the West 467.84 feet 5 thereof) and also excepting that portion of the land 6 condemned for the widening of Higgins Road and Mannheim 7 Road in Case Number 65 L7109, in Cook County, Illinois. 8 AREA 3: 9 The North 150 feet of the South 200 feet of that 10 part of the South West 1/4 of Section 33, Township 41 11 North, Range 12 East of the Third Principal Meridian 12 (except the East 10 acres conveyed by George 13 Deamantopulas and others, to Krowka by Document 10422646) 14 lying South of the Center of Higgins Road (so called) and 15 West of the West line extended North to center of Higgins 16 Road of East 20.62 chains in the North West 1/4 of 17 Section 4, Township 40 North, Range 12 East of the Third 18 Principal Meridian (except the Right of Way of Chicago 19 and Wisconsin Railroad) in Cook County, Illinois. 20 AREA 4: 21 That part of the Southwest quarter of Section 33, 22 Township 41 North, Range 12 East of the Third Principal 23 Meridian, in Cook County, Illinois, described as follows: 24 Beginning at the intersection of the South line of 25 the Southwest quarter of Section 33 aforesaid with the 26 West line, extended South, of Lot 7 in Frederick H. 27 Bartlett's Higgins Road Farms, being a subdivision 28 recorded December 8, 1938 as Document 12246559; thence 29 North along the aforementioned West line of Lot 7, to the 30 center line of Higgins Road; thence Westerly along the 31 center line of Higgins Road, to the Westerly right-of-way 32 line of the Minneapolis, St. Paul and Sault Ste. Marie 33 Railroad; thence Southerly along said Westerly 34 right-of-way line, to the South line of the Southwest HB0708 Engrossed -872- LRB9203186EGfg 1 quarter of Section 33 aforesaid; thence East along said 2 South line to the point of beginning. 3 Area 5 4 The North 195.00 feet of the west 365.67 feet of the 5 West 1/2 of the Northeast 1/4 of Section 4, Township 40 6 North, Range 12 East of the Third Principal Meridian. 7 And also 8 The north 50.00 feet of the East 1/2 of the 9 Northwest 1/4 of said Section 4 (except that part lying 10 westerly of the easterly right-of-way line of the 11 Wisconsin Central Railroad, formerly known as the 12 Minneapolis, St. Paul and Sault Ste. Marie Railroad), the 13 east 40.00 feet of the north 195.00 feet except the north 14 50.00 feet thereof of said East 1/2, and all that part of 15 said East 1/2 described as follows: Beginning at the 16 northwest corner of Origer and Davis' Addition to 17 Rosemont, being a subdivision of part of said 1/4 Section 18 according to the plat thereof recorded May 27, 1963 as 19 Document Number 18807143, in Cook County, Illinois; 20 thence westerly along the northerly line of said 21 Subdivision extended westerly to said easterly Railroad 22 right-of-way line; thence northwesterly along said 23 right-of-way line to the southerly line of north 50.00 24 feet of said 1/4 Section; thence easterly along said 25 southerly line to the easterly right-of-way line of 26 Kirschoff Avenue; thence southerly along said 27 right-of-way line to its intersection with the southerly 28 line of Schullo's Resubdivision extended easterly, said 29 Resubdivision being a Resubdivision of part of said 1/4 30 section according to the plat thereof recorded June 17, 31 1960 as Document Number 17885160 in Cook County, 32 Illinois; thence westerly along said southerly line 33 extended and said southerly line to the southwest corner 34 of said Resubdivision; thence northwesterly along the HB0708 Engrossed -873- LRB9203186EGfg 1 westerly line of said Resubdivision to the northwest 2 corner thereof; thence westerly along the northerly line 3 of said Resubdivision extended westerly to a line 4 parallel with and 40.00 feet easterly of the easterly 5 right-of-way line of said Railroad; thence northwesterly 6 along said parallel line to said point of beginning. 7 And also 8 That part of the Southwest 1/4 of Section 33, 9 Township 41 North, Range 12 East of the Third Principal 10 Meridian lying southerly of the centerline of Higgins 11 Road and easterly of a north line parallel to the south 12 line of said 1/4 Section, beginning 565.84 feet west of 13 the northeast corner of the Northwest 1/4 of Section 4, 14 Township 40 North, Range 12 East of the Third Principal 15 Meridian all in Cook County, Illinois. 16 That part of the Southwest quarter of Section 3, the 17 Southeast quarter of Section 4, the Northeast quarter of 18 Section 9, and the Northwest quarter of Section 10, 19 Township 40 North, Range 12 East of the Third Principal 20 Meridian, in the Village of Rosemont, Cook County, 21 Illinois, described as follows: 22 Beginning in the West half of the Northeast quarter 23 of Section 9 aforesaid, at the intersection of the South 24 line of 61st Street with the Easterly right of way line 25 of the Minneapolis, St. Paul and Sault Ste. Marie 26 Railroad right-of-way; thence East along the South line 27 of 61st Street and its Easterly extension, to the East 28 line of Pearl Street; thence North along the East line of 29 Pearl Street to the South line of 62nd Street; thence 30 East along the South line of 62nd Street to the Westerly 31 right-of-way line of the Illinois State Toll Road; thence 32 Southerly along the Westerly right-of-way line of the 33 Toll Road to a point on a Westerly extension of the South 34 line of Allen Avenue; thence East along said Westerly HB0708 Engrossed -874- LRB9203186EGfg 1 extension, and along the South line of Allen Avenue to 2 the West line of Otto Avenue; thence South along the West 3 line of Otto Avenue to a point on a Westerly extension of 4 the North line of the South 30 feet of Lot 12 in First 5 Addition to B.L. Carlsen's Industrial Subdivision, being 6 a Resubdivision in the Northeast quarter of Section 9 7 aforesaid, according to the plat thereof recorded March 8 5, 1962 as Document 18416079; thence East along said 9 Westerly extension, and along the aforementioned North 10 line of the South 30 feet of Lot 12, to the East line of 11 Lot 12; thence North along the East line of Lot 12, being 12 also the East line of the Northeast quarter of Section 9, 13 to the North line of Owner's Division of parts of Lots 4 14 and 5 of Henry Hachmeister's Division, in the Northwest 15 quarter of Section 10, aforesaid, according to the plat 16 thereof recorded April 25, 1949 as Document 14539019; 17 thence East along the North line of said Owner's Division 18 to the West line of Lot 3 in said Owner's Division; 19 thence South along the West line of Lot 3 to the 20 Southwest corner thereof; thence East along the South 21 line of Lot 3 to the Northwest corner of Lot 4 in said 22 Owner's Division; thence South along the West line of Lot 23 4 to the Southwest corner thereof; thence East along the 24 South line of Lot 4, and said South line extended 25 Easterly, to the Easterly right of way line of River 26 Road; thence Northerly along the Easterly line of River 27 Road to the South line of Crossroads Industrial Park, 28 being a Subdivision in the Northwest quarter of Section 29 10 aforesaid, according to the plat thereof recorded 30 August 8, 1957 as Document 16980725; thence East along 31 the South line of said Crossroads Industrial Park to the 32 Southeast corner thereof; thence Northeasterly along the 33 Easterly line of said Crossroads Industrial Park, and 34 said Easterly line extended, to the North line of Bryn HB0708 Engrossed -875- LRB9203186EGfg 1 Mawr Avenue, in the Southwest quarter of Section 3 2 aforesaid; thence Northerly along the Westerly line of 3 the Forest Preserve District of Cook County, to the 4 Southerly right-of-way line of the Kennedy Expressway, 5 thence west along and following the southerly 6 right-of-way line of the Kennedy Expressway to the 7 Easterly right-of-way line of the Minneapolis, St. Paul, 8 and Sault Ste. Marie Railroad right-of-way; thence 9 Southeasterly along said Easterly right-of-way line to 10 the point of beginning; 11 AND ALSO, THAT PART OF THE NORTHEAST QUARTER OF 12 SECTION 9 AND THE NORTHWEST QUARTER OF SECTION 10, 13 TOWNSHIP 40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL 14 MERIDIAN, IN THE VILLAGE OF ROSEMONT, COOK COUNTY, 15 ILLINOIS, DESCRIBED AS FOLLOWS: 16 BEGINNING IN THE WEST HALF OF THE NORTHEAST QUARTER 17 OF SECTION 9 AFORESAID, AT THE INTERSECTION OF THE SOUTH 18 LINE OF 61ST STREET WITH THE EASTERLY RIGHT-OF-WAY LINE 19 OF THE MINNEAPOLIS, ST. PAUL AND ST. STE. MARIE RAILROAD 20 RIGHT-OF-WAY; THENCE EAST ALONG THE SOUTH LINE OF 61ST 21 STREET AND ITS EASTERLY EXTENSION, TO THE EAST LINE OF 22 PEARL STREET; THENCE NORTH ALONG THE EAST LINE OF PEARL 23 STREET TO THE SOUTH LINE OF 62ND STREET; THENCE EAST 24 ALONG THE SOUTH LINE OF 62ND STREET TO THE WESTERLY 25 RIGHT-OF-WAY LINE OF THE ILLINOIS STATE TOLL ROAD; THENCE 26 SOUTHERLY, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF THE 27 TOLL ROAD TO A POINT ON A WESTERLY EXTENSION OF THE SOUTH 28 LINE OF ALLEN AVENUE; THENCE EAST ALONG SAID WESTERLY 29 EXTENSION, AND ALONG THE SOUTH LINE OF ALLEN AVENUE TO 30 THE WEST LINE OF OTTO AVENUE; THENCE SOUTH ALONG THE WEST 31 LINE OF OTTO AVENUE TO A POINT ON A WESTERLY EXTENSION 32 OF THE NORTH LINE OF THE SOUTH 30 FEET OF LOT 12 IN FIRST 33 ADDITION TO B.L. CARLSEN'S INDUSTRIAL SUBDIVISION, BEING 34 A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 9 HB0708 Engrossed -876- LRB9203186EGfg 1 AFORESAID, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 2 5, 1962 AS DOCUMENT 18416079; THENCE EAST ALONG SAID 3 WESTERLY EXTENSION, AND ALONG THE AFOREMENTIONED NORTH 4 LINE OF THE SOUTH 30 FEET OF LOT 12, TO THE EAST LINE OF 5 LOT 12; THENCE NORTH ALONG THE EAST LINE OF LOT 12, BEING 6 ALSO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 9, 7 TO THE NORTH LINE OF OWNER'S DIVISION OF PARTS OF LOTS 4 8 AND 5 OF HENRY HACHMEISTER'S DIVISION, IN THE NORTHWEST 9 QUARTER OF SECTION 10, AFORESAID, ACCORDING TO THE PLAT 10 THEREOF RECORDED APRIL 25, 1949 AS DOCUMENT 14539019; 11 THENCE EAST ALONG THE NORTH LINE OF SAID OWNER'S DIVISION 12 TO THE WEST LINE OF LOT 3 IN SAID OWNER'S DIVISION; 13 THENCE SOUTH ALONG THE WEST LINE OF LOT 3 TO THE 14 SOUTHWEST CORNER THEREOF; THENCE EAST ALONG THE SOUTH 15 LINE OF LOT 3 TO THE NORTHWEST CORNER OF LOT 4 IN SAID 16 OWNER'S SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF 17 LOT 4 TO THE SOUTHWEST CORNER THEREOF; THENCE EAST ALONG 18 THE SOUTH LINE OF LOT 4, AND SAID SOUTH LINE EXTENDED 19 EASTERLY, TO THE EASTERLY RIGHT-OF-WAY LINE OF RIVER 20 ROAD; THENCE SOUTHEASTERLY ALONG THE EASTERLY 21 RIGHT-OF-WAY LINE OF SAID RIVER ROAD TO A POINT BEING 22 198.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF 23 LOT 5 EXTENDED EASTERLY, IN HENRY HACHMEISTER'S DIVISION 24 PER DOCUMENT NUMBER 4183101; THENCE WESTERLY, ALONG A 25 LINE WHICH IS 198.00 FEET NORTH OF AND PARALLEL TO THE 26 SOUTH LINE OF SAID LOT 5 IN HENRY HACHMEISTER'S DIVISION, 27 TO THE NORTHWEST CORNER OF LOT 6 IN B.L. CARLSEN'S 28 INDUSTRIAL SUBDIVISION PER DOCUMENT NUMBER 1925132; 29 THENCE NORTHERLY TO A POINT BEING THE NORTHEAST CORNER OF 30 A PARCEL BEING DESCRIBED PER DOCUMENT T1862127, SAID 31 POINT BEING 293.73 FEET NORTH OF AND PARALLEL TO THE 32 SOUTH LINE OF SAID LOT 5 IN HENRY HACHMEISTER'S DIVISION; 33 THENCE WESTERLY ALONG A LINE, 293.73 FEET NORTH OF AND 34 PARALLEL TO THE SOUTH LINE OF SAID LOT 5, 91.50 FEET TO HB0708 Engrossed -877- LRB9203186EGfg 1 THE NORTHWEST CORNER OF SAID PARCEL PER DOCUMENT 2 T1862127; THENCE SOUTHERLY ALONG A LINE BEING THE EAST 3 LINE OF THE WEST 200.00 FEET OF SAID LOT 5, 71.88 FEET TO 4 THE SOUTHEAST CORNER OF A PARCEL BEING DESCRIBED PER 5 DOCUMENT T2257298; THENCE WESTERLY ALONG THE SOUTH LINE 6 AND THE SOUTH LINE EXTENDED WESTERLY OF SAID PARCEL, 233 7 FEET TO THE POINT OF INTERSECTION WITH THE WEST LINE OF 8 MICHIGAN AVENUE RIGHT-OF-WAY; THENCE NORTHERLY ALONG SAID 9 WEST RIGHT-OF-WAY LINE OF MICHIGAN AVENUE TO THE 10 NORTHEAST CORNER OF LOT 1, BLOCK 12 IN J. TAYLOR'S ADD. 11 TO FAIRVIEW HEIGHTS PER DOCUMENT NUMBER 1876526, SAID 12 POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF 60TH 13 STREET; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY 14 LINE OF 60TH STREET TO A POINT OF INTERSECTION WITH THE 15 EASTERLY RIGHT-OF-WAY LINE OF THE AFORESAID MINNEAPOLIS, 16 ST. PAUL AND ST. STE. MARIE RAILROAD RIGHT-OF-WAY; THENCE 17 NORTHWESTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO 18 THE POINT OF BEGINNING. 19 (Source: P.A. 91-357, eff. 7-29-99; 91-367, eff. 7-30-99; 20 revised 8-17-99.) 21 (735 ILCS 5/7-103.71 new) 22 Sec. 7-103.71. Quick-take; Village of Franklin Park. 23 Quick-take proceedings under Section 7-103 may be used for a 24 period of 3 years after December 1, 1998, by the Village of 25 Franklin Park, for the redevelopment of blighted areas, for 26 the acquisition of property within the area legally described 27 as: 28 BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT NO. 29 2 (SAID CORNER BEING 50.0 FEET WEST OF THE CENTERLINE OF 30 MANNHEIM ROAD); THENCE SOUTH ALONG THE EAST LINE OF SAID 31 TRACT NO. 2, A DISTANCE OF 305.46 FEET; THENCE WEST, 32 PARALLEL WITH THE NORTH LINE OF SAID TRACT NO. 2, A 33 DISTANCE OF 175.0 FEET; THENCE SOUTH, PARALLEL WITH THE HB0708 Engrossed -878- LRB9203186EGfg 1 EAST LINE OF SAID TRACT NO. 2, A DISTANCE OF 164.46 FEET 2 TO THE SOUTHERLY LINE OF SAID TRACT NO. 2 (SAID LINE 3 BEING 50.0 FEET NORTHERLY OF THE CENTERLINE OF GRAND 4 AVENUE); THENCE WESTERLY ALONG SAID LINE, 672.75 FEET; 5 THENCE NORTH ALONG A LINE THAT IS 227.30 FEET EAST OF (AS 6 MEASURED AT RIGHT ANGLES) AND PARALLEL WITH THE EAST LINE 7 OF MIKE LATORIA SR. INDUSTRIAL SUBDIVISION, 429.87 FEET 8 TO THE NORTH LINE OF SAID TRACT NO. 2; THENCE EAST ALONG 9 SAID NORTH LINE, 845.71 FEET TO THE POINT OF BEGINNING, 10 IN OWNER'S DIVISION OF THAT PART OF THE EAST HALF OF THE 11 NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 40 NORTH, RANGE 12 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE 13 PLAT THEREOF RECORDED AUGUST 16, 1929 AS DOCUMENT 14 10456788 AND FILED IN THE REGISTRAR'S OFFICE ON AUGUST 15 23, 1929 AS DOCUMENT LR474993, IN COOK COUNTY, ILLINOIS. 16 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 17 (735 ILCS 5/7-103.72 new) 18 Sec. 7-103.72. Quick-take; Village of Franklin Park. 19 Quick-take proceedings under Section 7-103 may be used for a 20 period of 3 years after December 1, 1998, by the Village of 21 Franklin Park, for the redevelopment of blighted areas, for 22 the acquisition of the property legally described as: 23 Lots 19, 20, 21, 22, 23, 24, 25, 26 and 27 of the 24 Salerno-Kaufman Subdivision of part of Tract No. 1 in 25 Owner's Division of part of the East 1/2, Northeast 1/4, 26 Section 29, Township 40, Range 12, East of the Third 27 Principal Meridian, in Cook County, Illinois; and 28 That part of the South 117.64 feet of tract number 1 29 lying East of a line 235 feet West of and parallel with 30 West line of Mannheim Road in Owner's Division of part of 31 the East half of the Northeast quarter of Section 29, 32 Township 40 North, Range 12, East of the Third Principal 33 Meridian, according to the Plat thereof recorded August HB0708 Engrossed -879- LRB9203186EGfg 1 16, 1929 as Document number 10456788, in Cook County, 2 Illinois. 3 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 4 (735 ILCS 5/7-103.73 new) 5 Sec. 7-103.73. Quick-take; City of Taylorville. 6 Quick-take proceedings under Section 7-103 may be used for a 7 period of 2 years following July 30, 1999, by the City of 8 Taylorville for the acquisition of land used for the 9 construction of the second silt dam on Lake Taylorville; the 10 project area is limited to the townships of Greenwood, 11 Johnson, and Locust in southern Christian County. 12 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 13 (735 ILCS 5/7-103.74 new) 14 Sec. 7-103.74. Quick-take; City of Effingham. 15 Quick-take proceedings under Section 7-103 may be used for a 16 period of 6 months following July 30, 1999 by the City of 17 Effingham for the acquisition of all the right of way needed 18 for the subject project starting at Wernsing Avenue and 19 running northerly to Fayette Avenue, including the right of 20 way for a structure over the CSX rail line and U.S. Route 40. 21 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 22 (735 ILCS 5/7-103.75 new) 23 Sec. 7-103.75. Quick-take; City of Effingham. 24 Quick-take proceedings under Section 7-103 may be used for a 25 period of one year following July 30, 1999 by the City of 26 Effingham for the acquisition of property for the 27 construction of South Raney Street Project Phase II, 28 including a grade separation over Conrail and U. S. Route 40 29 in the City of Effingham, from the intersection of South 30 Raney Street and West Wernsing Avenue northerly to the 31 intersection of South Raney Street and West Fayette Avenue. HB0708 Engrossed -880- LRB9203186EGfg 1 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 2 (735 ILCS 5/7-103.76 new) 3 Sec. 7-103.76. Quick-take; Village of Lincolnshire. 4 Quick-take proceedings under Section 7-103 may be used for a 5 period of 2 years following July 30, 1999, by the Village of 6 Lincolnshire, for the purpose of redevelopment within the 7 downtown area, for the acquisition of property within that 8 area legally described as follows: 9 THAT PART OF SECTIONS 15 AND 22, TOWNSHIP 43 NORTH, 10 RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED 11 AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST 12 LINE OF THE PROPERTY DESCRIBED IN DOCUMENT NUMBER 2297085 13 AND THE NORTHERLY LINE OF HALF DAY ROAD; THENCE 14 NORTHEASTERLY ALONG SAID NORTHERLY LINE OF SAID HALF DAY 15 ROAD TO THE INTERSECTION WITH THE WEST LINE OF STATE 16 ROUTE NO. 21 (ALSO KNOWN AS MILWAUKEE AVENUE); THENCE 17 NORTHERLY ALONG SAID WEST LINE OF STATE ROUTE NO. 21 TO 18 THE NORTH LINE OF THE SOUTH 452.20 FEET OF THE NORTHEAST 19 QUARTER OF THE AFORESAID SECTION 15; THENCE EAST ALONG 20 THE SAID NORTH LINE OF THE SOUTH 452.20 FEET TO THE EAST 21 LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15; THENCE 22 SOUTH ALONG THE SAID EAST LINE TO THE SOUTHEAST CORNER OF 23 THE NORTHEAST QUARTER THEREOF; THENCE WEST ALONG THE 24 SOUTH LINE OF THE SAID NORTHEAST QUARTER TO AN EAST LINE 25 OF VERNON CEMETERY AS DESCRIBED IN DOCUMENT NUMBER 26 263584; THENCE NORTH 37.20 FEET ALONG AFORESAID EAST LINE 27 OF CEMETERY TO THE NORTH EAST CORNER THEREOF; THENCE WEST 28 297.00 FEET ALONG THE NORTH LINE OF THE AFORESAID 29 CEMETERY, SAID LINE IS THE MOST NORTHERLY LINE OF 30 CEMETERY ROAD AS OCCUPIED AND EXTENDED TO A WEST LINE OF 31 AFORESAID VERNON CEMETERY EXTENDED NORTH; THENCE SOUTH 32 ALONG THE EXTENSION AND WEST LINE OF THE AFORESAID 33 CEMETERY TO THE SOUTHWEST CORNER THEREOF, SAID SOUTHWEST HB0708 Engrossed -881- LRB9203186EGfg 1 CORNER IS 296.61 FEET SOUTH OF THE SOUTH LINE OF CEMETERY 2 ROAD AS OCCUPIED; THENCE EAST ALONG THE SOUTH LINE OF 3 VERNON CEMETERY TO THE SOUTH EAST CORNER THEREOF, SAID 4 SOUTHEAST CORNER ALSO BEING A POINT ON THE WEST LINE OF 5 PROPERTY DESCRIBED BY DOCUMENT NUMBER 2012084; THENCE 6 SOUTH ALONG AFORESAID WEST LINE TO THE NORTH LINE OF HALF 7 DAY ROAD; THENCE EAST ALONG LAST SAID NORTH LINE TO A 8 POINT IN THE WEST LINE (EXTENDED) OF INDIAN CREEK 9 SUBDIVISION (RECORDED AS DOCUMENT NUMBER 2084U19); THENCE 10 SOUTH ALONG THE WEST LINE AND AN EXTENSION THEREOF OF 11 INDIAN CREEK CONDOMINIUM SUBDIVISION TO THE SOUTHWEST 12 CORNER THEREOF; THENCE SOUTHEASTERLY ALONG A SOUTH LINE 13 OF INDIAN CREEK CONDOMINIUM SUBDIVISION 130.47 FEET TO 14 THE MOST SOUTHERLY CORNER IN THE AFORESAID SUBDIVISION 15 SAID POINT BEING IN THE NORTH LINE OF RELOCATED ILLINOIS 16 STATE ROUTE 22; THENCE NORTHEASTERLY ALONG A SOUTH LINE 17 OF INDIAN CREEK CONDOMINIUM SUBDIVISION 209.56 FEET, SAID 18 LINE BEING ALSO THE NORTH LINE OF RELOCATED ILLINOIS 19 STATE ROUTE 22, TO THE SOUTHEAST CORNER OF INDIAN CREEK 20 CONDOMINIUM SUBDIVISION; THENCE NORTH ALONG THE EAST LINE 21 OF INDIAN CREEK SUBDIVISION AND AN EXTENSION THEREOF TO 22 THE NORTH LINE OF HALF DAY ROAD; THENCE EAST ALONG THE 23 NORTH LINE OF HALF DAY ROAD TO THE EAST LINE OF THE 24 SOUTHEAST QUARTER OF SAID SECTION 15 TO THE SOUTHEAST 25 CORNER OF THE SOUTHEAST QUARTER OF SECTION 15 AFORESAID; 26 THENCE SOUTHERLY ALONG AN EASTERLY LINE OF THE HAMILTON 27 PARTNERS PROPERTY DESCRIBED AS FOLLOWS, BEGINNING AT THE 28 NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 29 22 (THE EAST LINE OF THE NORTHEAST QUARTER OF SAID 30 SECTION 22 HAVING AN ASSUMED BEARING OF SOUTH 00 DEGREES 31 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL DESCRIPTION); 32 THENCE SOUTH 13 DEGREES 57 MINUTES 09 SECONDS WEST, 33 519.43 FEET TO A POINT DESCRIBED AS BEARING NORTH 51 34 DEGREES 41 MINUTES 30 SECONDS WEST, 159.61 FEET FROM A HB0708 Engrossed -882- LRB9203186EGfg 1 POINT OF THE EAST LINE OF THE NORTHEAST QUARTER OF 2 SECTION 22 AFORESAID, 603.05 FEET, AS MEASURED ALONG SAID 3 EAST LINE, SOUTH OF THE NORTHEAST CORNER OF SAID 4 NORTHEAST QUARTER; THENCE SOUTH 05 DEGREES 08 MINUTES 04 5 SECONDS EAST, 232.01 FEET TO THE MOST NORTHERLY NORTHEAST 6 CORNER OF MARIOTT DRIVE, ACCORDING TO THE PLAT OF 7 DEDICATION RECORDED AS DOCUMENT NUMBER 1978811; THENCE 8 SOUTH 42 DEGREES 08 MINUTES 46 SECONDS WEST (RECORD SOUTH 9 42 DEGREES 09 MINUTES 23 SECONDS WEST) ALONG THE 10 NORTHWESTERLY LINE OF SAID MARIOTT DRIVE, 40.70 FEET 11 (RECORD 40.73 FEET) TO AN ANGLE POINT IN THE NORTH LINE 12 OF SAID MARIOTT DRIVE; THENCE SOUTH PERPENDICULAR TO 13 AFOREMENTIONED MARIOTT DRIVE TO A POINT ON THE SOUTH LINE 14 THEREOF; THENCE WEST ALONG THE SOUTH LINE OF MARIOTT 15 DRIVE TO A POINT PERPENDICULAR TO A POINT IN THE NORTH 16 LINE OF MARIOTT DRIVE THAT IS ON A LINE, THE EXTENSION OF 17 WHICH IS THE EASTERLY LINE OF LOTS 1 AND 2 IN INDIAN 18 CREEK RESUBDIVISION; THENCE NORTH PERPENDICULAR TO 19 MARIOTT DRIVE TO THE AFOREMENTIONED POINT ON THE NORTH 20 LINE; THENCE NORTHWESTERLY ON THE EASTERLY LINE & 21 EXTENSION THEREOF OF AFOREMENTIONED LOTS 1 AND 2 TO THE 22 NORTHEAST CORNER OF LOT 2; THENCE WEST ALONG THE NORTH 23 LINE OF LOT 2 TO THE NORTHWEST CORNER THEREOF; THENCE 24 SOUTHWESTERLY PERPENDICULAR TO ILLINOIS ROUTE 21 25 (MILWAUKEE AVENUE DEDICATED BY DOCUMENT NUMBER 2129168) 26 TO THE WEST LINE THEREOF; THENCE NORTH ALONG THE WEST 27 LINE OF AFOREMENTIONED ILLINOIS ROUTE 21 TO THE NORTHEAST 28 CORNER OF LOT 1 IN MCDONALD'S - KING'S SUBDIVISION; 29 THENCE WEST ALONG THE NORTH LINE OF THE LAST MENTIONED 30 LOT 1, 218.50 FEET TO A JOG IN THE NORTH LINE THEREOF; 31 THENCE NORTHERLY ALONG A WESTERLY LINE OF SAID LOT 1, 32 20.22 FEET TO A JOG IN THE NORTH LINE; THENCE WEST ALONG 33 THE NORTH LINE OF LOT 1 AFORESAID 150.42 FEET TO THE 34 NORTHWEST CORNER OF THEREOF; THENCE SOUTH 205.94 FEET HB0708 Engrossed -883- LRB9203186EGfg 1 ALONG THE WEST LINE OF AFOREMENTIONED LOT 1 TO A JOG IN 2 THE WEST LINE THEREOF; THENCE EAST ALONG A SOUTH LINE OF 3 LOT 1 TO A JOG IN THE WEST LINE THEREOF 3.45 FEET; THENCE 4 SOUTH 91.22 FEET ALONG THE WEST LINE LOT 1 TO THE 5 SOUTHWEST CORNER LOT 1 AFOREMENTIONED; THENCE SOUTHERLY 6 RADIAL TO RELOCATED ILLINOIS STATE ROUTE 22 TO THE SOUTH 7 LINE THEREOF; THENCE WEST ALONG THE SOUTH LINE OF 8 RELOCATED ILLINOIS STATE ROUTE 22 TO A POINT 9 PERPENDICULAR TO A POINT AT THE SOUTHWEST CORNER OF THE 10 OLD HALF DAY SCHOOL PARCEL; THENCE NORTHWESTERLY 51.41 11 FEET ALONG A WEST LINE OF AFORESAID SCHOOL PARCEL TO A 12 CORNER THEREOF; THENCE NORTHEASTERLY 169.30 FEET ALONG A 13 NORTHERLY LINE OF AFORESAID SCHOOL PARCEL TO A CORNER 14 THEREOF; THENCE NORTHWESTERLY 242.80 FEET ALONG A WEST 15 LINE TO THE CENTER LINE OF HALF DAY ROAD; THENCE 16 NORTHWESTERLY NORMAL TO THE AFORESAID ROAD TO THE 17 NORTHERLY RIGHT OF WAY LINE THEREOF; THENCE EAST ALONG 18 THE NORTH LINE OF HALF DAY ROAD TO A POINT SAID POINT IS 19 A BEND IN THE WEST LINE OF PROPERTY DESCRIBED BY DOCUMENT 20 NUMBER 2600952; THENCE NORTHWESTERLY 7.82 CHAINS ALONG 21 THE WEST LINE AFOREMENTIONED TO THE NORTHWEST CORNER 22 THEREOF; THENCE SOUTHEASTERLY 2.39 CHAINS TO THE 23 NORTHEAST CORNER OF THE SAID PROPERTY; THENCE 24 SOUTHEASTERLY ALONG THE EASTERLY LINE OF AFORESAID 25 PROPERTY TO THE NORTHWEST CORNER OF PROPERTY DESCRIBED IN 26 DOCUMENT NUMBER 2297085; THENCE EAST 2.27 CHAINS ALONG 27 THE NORTH LINE OF AFOREMENTIONED PROPERTY TO THE 28 NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG THE EAST 29 LINE OF THE AFOREMENTIONED PROPERTY TO THE PLACE OF 30 BEGINNING, (EXCEPT THEREFROM THE TRACT OF LAND AS 31 DESCRIBED BY DOCUMENT NUMBER 1141157 AND MILWAUKEE AVE. 32 ADJACENT THERETO) ALL IN LAKE COUNTY, ILLINOIS. 33 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) HB0708 Engrossed -884- LRB9203186EGfg 1 (735 ILCS 5/7-103.77 new) 2 Sec. 7-103.77. Quick-take; City of Marion. Quick-take 3 proceedings under Section 7-103 may be used for a period of 4 18 months after July 30, 1999, by the City of Marion for the 5 acquisition of property and temporary construction easements 6 bounded by the following lines for improvement of the 7 Pentecost Road project: 8 A variable width strip of land lying parallel with and 9 contiguous to the existing east and west Right-of-Way 10 lines of Pentecost Road in the following quarter-quarter 11 section: 12 the NW1/4 NW1/4, Section 16; NE1/4 NE1/4, Section 17; 13 NW1/4 SW1/4, Section 16; SW1/4 SW1/4, Section 16; NE1/4 14 SE1/4, Section 17; and the SE1/4 SE1/4, Section 17, all 15 located in Township 9 South, Range 2 East of the Third 16 Principal Meridian; Williamson County, Illinois. 17 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 18 (735 ILCS 5/7-103.78 new) 19 Sec. 7-103.78. Quick-take; City of Geneva. Quick-take 20 proceedings under Section 7-103 may be used for a period of 6 21 months following July 30, 1999, by the City of Geneva, for 22 the Prairie and Wetland Restoration Project, for the 23 acquisition of property described as follows: 24 PARCEL ONE: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF 25 SECTION 6, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD 26 PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF GENEVA, KANE 27 COUNTY, ILLINOIS. 28 PARCEL TWO: THE SOUTH HALF OF THE NORTHWEST 29 FRACTIONAL QUARTER OF SECTION 6, TOWNSHIP 39 NORTH, RANGE 30 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP 31 OF GENEVA, KANE COUNTY, ILLINOIS. 32 PARCEL THREE: THAT PART OF THE SOUTH 1/2 OF THE 33 NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 7 HB0708 Engrossed -885- LRB9203186EGfg 1 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING EAST OF THE 2 FOLLOWING TRACT: (A STRIP OF LAND 60 FEET IN WIDTH 3 EXTENDING OVER AND ACROSS THE SOUTH EAST 1/4 OF THE 4 NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 7 5 EAST OF THE THIRD PRINCIPAL MERIDIAN, SAID STRIP OF LAND 6 BEING THAT CERTAIN STRIP OF LAND AS CONVEYED BY CHARLES 7 W. PEMBLETON AND WIFE TO THE CHICAGO AND NORTH WESTERN 8 RAILWAY COMPANY (NOW THE CHICAGO AND NORTH WESTERN 9 TRANSPORTATION COMPANY) BY WARRANTY DEED DATED JUNE 29, 10 1903 AND RECORDED AS DOCUMENT 64790 IN BOOK 430 ON PAGE 11 337 IN THE OFFICE OF THE REGISTRAR OF DEEDS FOR KANE 12 COUNTY, ILLINOIS) IN THE TOWNSHIP OF BLACKBERRY, KANE 13 COUNTY, ILLINOIS. 14 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 15 (735 ILCS 5/7-103.79 new) 16 Sec. 7-103.79. Quick-take; City of Arcola. Quick-take 17 proceedings under Section 7-103 may be used for a period of 2 18 years after July 30, 1999, by the City of Arcola for the 19 purpose of acquiring property in connection with a project to 20 widen Illinois Route 133 east of Interstate 57. 21 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 22 (735 ILCS 5/7-103.80 new) 23 Sec. 7-103.80. Quick-take; County of Lake. Quick-take 24 proceedings under Section 7-103 may be used for a period of 25 24 months after July 30, 1999, by the County of Lake, for the 26 acquisition of necessary right-of-way to complete the 27 improvement of the intersection of County Highway 47 (9th 28 Street) and County Highway 27 (Lewis Avenue). 29 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 30 (735 ILCS 5/7-103.81 new) 31 Sec. 7-103.81. Quick-take; County of Lake. Quick-take HB0708 Engrossed -886- LRB9203186EGfg 1 proceedings under Section 7-103 may be used for a period of 2 24 months after July 30, 1999, by the County of Lake, for the 3 acquisition of necessary right-of-way to complete the 4 improvement of the various intersections and roadways 5 involved in the project to improve County Highway 70 (Hawley 6 Street), County Highway 26 (Gilmer Road), and County Highway 7 62 (Fremont Center Road) at and near Illinois Route 176. 8 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 9 (735 ILCS 5/7-103.82 new) 10 Sec. 7-103.82. Quick-take; County of Winnebago. 11 Quick-take proceedings under Section 7-103 may be used for a 12 period of 30 months after July 30, 1999, by the County of 13 Winnebago to allow for the acquisition of right-of-way for 14 the construction of the Harrison Avenue Extension project 15 from Montague Road to West State Street lying within Section 16 20, the east 1/2 of Section 29, and the northeast 1/4 of 17 Section 32, Township 44W, Range 1 East of the 3rd Principal 18 Meridian, in Winnebago County. 19 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 20 (735 ILCS 5/7-103.83 new) 21 Sec. 7-103.83. Quick-take; Village of Schiller Park. 22 Quick-take proceedings under Section 7-103 may be used for a 23 period of 2 years after July 30, 1999, by the Village of 24 Schiller Park, for the acquisition of the following described 25 property for purposes of redevelopment of blighted areas: 26 The following parcel of property lying within the East 27 Half of the Southeast Quarter of Section 17, Township 40 28 North, Range 12 East of the Third Principal Meridian and 29 the N East Half of the Southwest Quarter of Section 16, 30 Township 40 North, Range 12 East of the Third Principal 31 Meridian all in Cook County, Illinois: 32 Commencing at the intersection of the center line of HB0708 Engrossed -887- LRB9203186EGfg 1 Irving Park Road with the west line of Mannheim Road; 2 thence, southwesterly along the westerly line of Mannheim 3 Road to its intersection with the south line of Belle 4 Plaine Avenue, as extended from the east; thence, 5 easterly along the south line of Belle Plaine Avenue to 6 its intersection with the west line, as extended from the 7 North, of Lot 7 in the Subdivision of the West Half of 8 the Southwest Quarter of Section 16, Township 40 North, 9 Range 12 East of the Third Principal Meridian (except 10 that part lying Northerly of Irving Park Road), recorded 11 April 14, 1921 as document no. 7112572; thence, northerly 12 along the west line, as extended from the north, of Lot 7 13 of the aforecited Subdivision to its intersection with 14 the north line of Belle Plaine Avenue; thence, 15 northeasterly along the northwesterly line of the 16 property acquired by The Illinois State Toll Highway 17 Authority to its intersection with the east line of Lot 7 18 of the aforecited Subdivision; thence, northerly along 19 the east line of Lot 7 of the aforecited Subdivision to 20 its intersection with the south line of Lot 2 in the 21 aforecited Subdivision; thence, westerly along the south 22 line of Lot 2 of the aforecited Subdivision to its 23 intersection with the west line of Lot 2 of the 24 aforecited Subdivision; thence, northerly along the west 25 line of Lot 2 of the aforecited Subdivision and the 26 extension of the west line of Lot 2 to its intersection 27 with the center line of Irving Park Road; thence, 28 westerly along the center line of Irving Park Road to the 29 point of beginning. 30 Notwithstanding the property description contained in 31 this Section, the Village of Schiller Park may not acquire, 32 under the authority of this Section, any property that is 33 owned by any other unit of local government. 34 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) HB0708 Engrossed -888- LRB9203186EGfg 1 (735 ILCS 5/7-103.84 new) 2 Sec. 7-103.84. Quick-take; City of Springfield. 3 Quick-take proceedings under Section 7-103 may be used for a 4 period of 2 years after July 30, 1999, by the City of 5 Springfield, for the acquisition of (i) the property located 6 in the City of Springfield and bounded on the north by Mason 7 Street, on the west by Fifth Street, on the south by 8 Jefferson Street, and on the east by Sixth Street and (ii) 9 the property located in the City of Springfield and bounded 10 on the north by Madison Street, on the west by Sixth Street, 11 on the south by Washington Street, and on the east by Seventh 12 Street, for the Abraham Lincoln Presidential Library. 13 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 14 (735 ILCS 5/7-103.85 new) 15 Sec. 7-103.85. Quick-take; McLean County. Quick-take 16 proceedings under Section 7-103 may be used for a period of 17 24 months after July 30, 1999, by McLean County, for the 18 acquisition of property necessary for the purpose of 19 construction with respect to the Towanda-Barnes Road from 20 Route 150 to Ft. Jesse Road. 21 (Source: P.A. 91-367, eff. 7-30-99; revised 10-24-00.) 22 (735 ILCS 5/7-103.86 new) 23 Sec. 7-103.86. Quick-take; Pike County. Quick-take 24 proceedings under Section 7-103 may be used for a period of 25 12 months after July 30, 1999, by Pike County, for the 26 acquisition of property necessary for the purpose of 27 construction with respect to F.A.S. 1591, commonly known as 28 Martinsburg Road, from one mile north of Martinsburg to 0.25 29 mile north of Martinsburg. 30 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 31 (735 ILCS 5/7-103.87 new) HB0708 Engrossed -889- LRB9203186EGfg 1 Sec. 7-103.87. Quick-take; Fox Metro Water Reclamation 2 District. Quick-take proceedings under Section 7-103 may be 3 used for a period of 12 months after July 30, 1999, by the 4 Fox Metro Water Reclamation District, for the acquisition of 5 the following described property for the purpose of extending 6 the collector system and construction of facilities for 7 treatment of effluent: 8 THAT PART OF LOTS 2 AND 3 OF LARSON'S SUBDIVISION 9 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST 10 CORNER OF SAID LOT 3 BEING ON THE CENTER LINE OF 11 STATE ROUTE NO. 31; THENCE SOUTH 7 DEGREES 01 12 MINUTES WEST ALONG SAID CENTER LINE 46.58 FEET FOR 13 THE POINT OF BEGINNING; THENCE NORTH 7 DEGREES 01 14 MINUTES EAST ALONG SAID CENTER LINE 91.58 FEET; 15 THENCE SOUTH 88 DEGREES 31 MINUTES EAST PARALLEL 16 WITH THE NORTH LINE OF SAID LOT 3, 781.87 FEET TO 17 THE EASTERLY LINE OF SAID LOT 2; THENCE SOUTH 19 18 DEGREES 40 MINUTES WEST ALONG THE EASTERLY LINES OF 19 LOTS 2 AND 3 106.9 FEET; THENCE SOUTH 9 DEGREES 39 20 MINUTES EAST ALONG THE EASTERLY LINE OF SAID LOT 3, 21 70.83 FEET TO A LINE DRAWN SOUTH 82 DEGREES 36 22 MINUTES EAST, PARALLEL WITH THE SOUTHERLY LINE OF 23 SAID LOT 3, FROM THE PLACE OF BEGINNING; THENCE 24 NORTH 82 DEGREES 36 MINUTES WEST ALONG SAID PARALLEL 25 LINE 775.16 FEET TO THE PLACE OF BEGINNING, IN THE 26 TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS. 27 ALSO: 28 THAT PART OF THE SOUTHWEST 1/4 OF SECTION 5, 29 TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD 30 PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING 31 AT THE NORTHWEST CORNER OF THE SOUTHWEST FRACTIONAL 32 QUARTER OF SECTION 6, TOWNSHIP AND RANGE AFORESAID; 33 THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 6, 34 1363.34 FEET; THENCE SOUTH 82 DEGREES 36 MINUTES HB0708 Engrossed -890- LRB9203186EGfg 1 EAST 5298.7 FEET TO THE WESTERLY BANK OF FOX RIVER; 2 THENCE NORTH 18 DEGREES 46 MINUTES WEST ALONG SAID 3 WESTERLY BANK 192.5 FEET FOR THE POINT OF BEGINNING; 4 THENCE NORTH 18 DEGREES 46 MINUTES WEST ALONG SAID 5 WESTERLY BANK 44.35 FEET; THENCE NORTH 37 DEGREES 16 6 MINUTES WEST ALONG SAID WESTERLY BANK 227.8 FEET; 7 THENCE NORTH 82 DEGREES 36 MINUTES WEST 867.3 FEET 8 TO THE CENTER LINE OF THE ORIGINAL ROAD; THENCE 9 SOUTHERLY ALONG SAID CENTER LINE 200 FEET TO A LINE 10 DRAWN NORTH 82 DEGREES 36 MINUTES WEST FROM THE 11 POINT OF BEGINNING; THENCE SOUTH 82 DEGREES 36 12 MINUTES EAST 1014.21 FEET TO THE POINT OF BEGINNING, 13 IN THE TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS. 14 ALSO: 15 PARCEL ONE: 16 LOT 5 OF LARSON'S SUBDIVISION, TOWNSHIP OF OSWEGO, 17 KENDALL COUNTY, ILLINOIS. 18 PARCEL TWO: 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 INTERSECTION OF THE SOUTH LINE OF SAID 23 SECTION 5 WITH THE CENTER LINE OF ILLINOIS STATE 24 ROUTE NUMBER 31; THENCE NORTH 6 DEGREES 44 MINUTES 25 EAST ALONG SAID CENTER LINE 745.75 FEET; THENCE 26 SOUTH 82 DEGREES 30 MINUTES EAST 100 FEET TO THE 27 POINT OF BEGINNING; THENCE SOUTHWESTERLY AT RIGHT 28 ANGLES WITH THE LAST DESCRIBED COURSE, 110 FEET; 29 THENCE SOUTH 83 DEGREES 30 MINUTES EAST TO THE 30 CENTER THREAD OF THE FOX RIVER; THENCE NORTHERLY 31 ALONG SAID CENTER THREAD TO A LINE DRAWN SOUTH 82 32 DEGREES 30 MINUTES EAST FOR THE POINT OF BEGINNING; 33 THENCE NORTH 82 DEGREES 30 MINUTES WEST TO THE POINT 34 OF BEGINNING; IN THE TOWNSHIP OF OSWEGO, KENDALL HB0708 Engrossed -891- LRB9203186EGfg 1 COUNTY, ILLINOIS. 2 ALSO: 3 THAT PART OF THE SOUTH 1/2 OF THE WEST PART OF 4 SECTION 5, TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE 5 THIRD PRINCIPAL MERIDIAN WHICH LIES EAST OF THE 6 CENTER LINE OF STATE ROUTE NO. 31 AND SOUTH OF A 7 LINE EXTENDING SOUTH 82 DEGREES 30 MINUTES EAST FROM 8 A POINT IN THE SAID CENTER LINE OF SAID HIGHWAY THAT 9 IS NORTH 6 DEGREES 44 MINUTES EAST 745.75 FEET FROM 10 THE SOUTH LINE OF SAID SECTION TO THE CENTER THREAD 11 OF THE FOX RIVER (EXCEPT THE RIGHT OF WAY OF THE 12 SAID STATE ROUTE NO. 31 AND A STRIP IN THE NORTHWEST 13 CORNER 67 FEET WIDE AND 325 FEET LONG MEASURED ALONG 14 THE EASTERLY LINE OF SAID HIGHWAY, USED FOR CEMETERY 15 PURPOSES, AND ALSO EXCEPT THAT PART LYING SOUTH OF 16 THE NORTH LINE OF PREMISES CONVEYED TO THE 17 COMMONWEALTH EDISON COMPANY BY WARRANTY DEED 18 RECORDED OCTOBER 9, 1959 AS DOCUMENT 127020 AND ALSO 19 EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT 20 THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 5 21 WITH THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 31; 22 THENCE NORTH 6 DEGREES 44 MINUTES EAST ALONG SAID 23 CENTER LINE 745.75 FEET; THENCE SOUTH 82 DEGREES 30 24 MINUTES EAST 100 FEET FOR THE POINT OF BEGINNING; 25 THENCE SOUTHWESTERLY AT RIGHT ANGLES WITH THE LAST 26 DESCRIBED COURSE, 110 FEET; THENCE SOUTH 82 DEGREES 27 30 MINUTES EAST TO THE CENTER THREAD OF THE FOX 28 RIVER; THENCE NORTHERLY ALONG SAID CENTER THREAD TO 29 A LINE DRAWN SOUTH 82 DEGREES 30 MINUTES EAST FROM 30 THE POINT OF BEGINNING; THENCE NORTH 82 DEGREES 30 31 MINUTES WEST TO THE POINT OF BEGINNING), IN THE 32 TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS. 33 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) HB0708 Engrossed -892- LRB9203186EGfg 1 (735 ILCS 5/7-103.88 new) 2 Sec. 7-103.88. Quick-take; St. Clair County. Quick-take 3 proceedings under Section 7-103 may be used for a period of 4 12 months after July 30, 1999, by St. Clair County, for the 5 acquisition of property necessary for the purpose of the 6 following county road improvements in the City of O'Fallon 7 and the Village of Shiloh: Section 95-00301-02-PV, Hartman 8 Lane to Shiloh-O'Fallon Road, 2.45 miles of concrete 9 pavement, 24 feet wide, 10-foot shoulders, a 95-foot 10 single-span bridge, earthwork, and traffic signals. 11 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 12 (735 ILCS 5/7-103.89 new) 13 Sec. 7-103.89. Quick-take; St. Clair County. Quick-take 14 proceedings under Section 7-103 may be used for a period of 15 12 months after July 30, 1999, by St. Clair County, for the 16 acquisition of property necessary for the purpose of the 17 following county road improvements in the City of Fairview 18 Heights: Section 97-00301-04-PV, Metro-Link Station to 19 Illinois Route 159, 2.04 miles of concrete pavement, 24 feet 20 wide, 10-foot shoulders, earthwork, and traffic signals. 21 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 22 (735 ILCS 5/7-103.90 new) 23 Sec. 7-103.90. Quick-take; St. Clair County. Quick-take 24 proceedings under Section 7-103 may be used for a period of 25 12 months after July 30, 1999, by St. Clair County, for the 26 acquisition of property necessary for the purpose of the 27 following county road improvements in the City of O'Fallon: 28 Section 97-03080-05-PV, Jennifer Court to Station 122+50, 29 1.52 miles of concrete pavement, 24 to 40 feet wide, 10-foot 30 shoulders, earthwork, storm sewers, curbs, and gutters. 31 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) HB0708 Engrossed -893- LRB9203186EGfg 1 (735 ILCS 5/7-103.91 new) 2 Sec. 7-103.91. Quick-take; Madison County. Quick-take 3 proceedings under Section 7-103 may be used for a period of 4 12 months after July 30, 1999, by Madison County, for the 5 acquisition of property necessary for the purpose of 6 approximately 2.4 miles of roadwork commencing at the 7 intersection of Illinois Route 143 northerly over, adjacent 8 to, and near the location of County Highway 19 (locally known 9 as Birch Drive) to the intersection of Buchts Road, 10 traversing through land sections 19, 20, 29, 30, and 31 of 11 Ft. Russell Township, the work to consist of excavation, fill 12 placement, concrete structures, and an aggregate and 13 bituminous base with bituminous binder and surfacing. 14 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 15 (735 ILCS 5/7-103.92 new) 16 Sec. 7-103.92. Quick-take; Lake County. Quick-take 17 proceedings under Section 7-103 may be used for a period of 2 18 years after July 30, 1999, by Lake County, for the 19 acquisition of property necessary for the purpose of 20 improving County Highway 70 (Hawley Street) from Chevy Chase 21 Road to County Highway 26 (Gilmer Road). 22 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 23 (735 ILCS 5/7-103.93 new) 24 Sec. 7-103.93. Quick-take; Kendall County. Quick-take 25 proceedings under Section 7-103 may be used for a period of 26 12 months after July 30, 1999, by Kendall County, for the 27 acquisition of the following described property for the 28 purpose of road construction or improvements, including 29 construction of a bridge and related improvements: 30 THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37 31 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, 32 KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING HB0708 Engrossed -894- LRB9203186EGfg 1 AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S 2 2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 89 3 DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET ALONG THE 4 EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 4 TO THE 5 CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27 6 MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG THE CENTER 7 LINE OF MINKLER ROAD TO THE CENTER LINE OF ILLINOIS ROUTE 8 71; THENCE NORTH 0 DEGREES 53 MINUTES 06 SECONDS WEST, 9 1,084.14 FEET ALONG THE CENTER LINE OF MINKLER ROAD AND 10 THE NORTHERLY EXTENSION THEREOF TO THE NORTH RIGHT-OF-WAY 11 LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD FOR THE 12 POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 53 13 MINUTES 06 SECONDS WEST, 12.95 FEET TO THE SOUTH BANK OF 14 THE FOX RIVER; THENCE NORTH 84 DEGREES 02 MINUTES 18 15 SECONDS EAST, 192.09 FEET ALONG SAID SOUTH BANK; THENCE 16 SOUTH 23 DEGREES 08 MINUTES 48 SECONDS EAST, 4.22 FEET TO 17 THE NORTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN 18 SANTA FE RAILROAD; THENCE SOUTHWESTERLY, 194.71 FEET 19 ALONG A 3,956.53 FOOT RADIUS CURVE TO THE LEFT WHOSE 20 CHORD BEARS SOUTH 81 DEGREES 25 MINUTES 34 SECONDS WEST, 21 194.69 FEET TO THE POINT OF BEGINNING. 22 AND: 23 THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37 24 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, 25 KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING 26 AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S 27 2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 89 28 DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET ALONG THE 29 EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 4 TO THE 30 CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27 31 MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG THE CENTER 32 LINE OF MINKLER ROAD TO THE CENTER LINE OF ILLINOIS ROUTE 33 71 FOR THE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 53 34 MINUTES 06 SECONDS WEST, 52.33 FEET ALONG THE CENTER LINE HB0708 Engrossed -895- LRB9203186EGfg 1 OF MINKLER ROAD; THENCE NORTH 72 DEGREES 01 MINUTES 36 2 SECONDS EAST, 130.87 FEET ALONG THE NORTH RIGHT-OF-WAY 3 LINE OF ILLINOIS ROUTE 71; THENCE NORTH 18 DEGREES 09 4 MINUTES 27 SECONDS WEST, 111.00 FEET; THENCE NORTH 74 5 DEGREES 41 MINUTES 24 SECONDS EAST, 40.24 FEET; THENCE 6 NORTH 3 DEGREES 05 MINUTES 16 SECONDS WEST, 239.00 FEET; 7 THENCE SOUTH 89 DEGREES 29 MINUTES 13 SECONDS WEST, 69.62 8 FEET; THENCE SOUTH 43 DEGREES 09 MINUTES 14 SECONDS WEST, 9 46.47 FEET; THENCE SOUTH 89 DEGREES 06 MINUTES 54 SECONDS 10 WEST, 20.00 FEET TO THE CENTER LINE OF MINKLER ROAD; 11 THENCE NORTH 0 DEGREES 53 MINUTES 06 SECONDS WEST, 595.48 12 FEET ALONG SAID CENTER LINE AND SAID CENTER LINE EXTENDED 13 NORTHERLY TO THE SOUTH RIGHT-OF-WAY LINE OF THE 14 BURLINGTON NORTHERN SANTA FE RAILROAD; THENCE EASTERLY, 15 222.77 FEET ALONG A 3,881.53 FOOT RADIUS CURVE TO THE 16 RIGHT WHOSE CHORD BEARS NORTH 81 DEGREES 28 MINUTES 59 17 SECONDS EAST, 222.74 FEET; THENCE SOUTH 20 DEGREES 43 18 MINUTES 16 SECONDS EAST, 119.40 FEET; THENCE SOUTHERLY, 19 237.80 FEET ALONG A 717.37 FEET RADIUS CURVE TO THE RIGHT 20 WHOSE CHORD BEARS SOUTH 11 DEGREES 13 MINUTES 29 SECONDS 21 EAST, 236.71 FEET; THENCE SOUTH 1 DEGREES 43 MINUTES 42 22 SECONDS EAST, 471.58 FEET; THENCE SOUTH 55 DEGREES 31 23 MINUTES 50 SECONDS EAST, 63.07 FEET; THENCE NORTH 72 24 DEGREES 01 MINUTES 36 SECONDS EAST, 86.50 FEET; THENCE 25 SOUTH 17 DEGREES 58 MINUTES 24 SECONDS EAST, 20.00 FEET 26 TO THE EXISTING NORTH RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 27 71; THENCE NORTH 72 DEGREES 01 MINUTES 36 SECONDS EAST, 28 350.00 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE OF 29 ILLINOIS ROUTE 71; THENCE SOUTH 17 DEGREES 58 MINUTES 24 30 SECONDS EAST, 50.00 FEET TO THE CENTER LINE OF ILLINOIS 31 ROUTE 71; THENCE SOUTH 72 DEGREES 01 MINUTES 36 SECONDS 32 WEST, 836.88 FEET ALONG SAID CENTER LINE TO THE POINT OF 33 BEGINNING. 34 AND: HB0708 Engrossed -896- LRB9203186EGfg 1 THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37 2 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, 3 KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: 4 COMMENCING AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE 5 C. HERREN'S 2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING 6 NORTH 89 DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET 7 ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID 8 LOT 4 TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 9 DEGREES 27 MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG 10 SAID CENTER LINE TO THE CENTER LINE OF ILLINOIS ROUTE 71 11 FOR THE POINT OF BEGINNING; THENCE NORTH 72 DEGREES 01 12 MINUTES 36 SECONDS EAST, 836.88 FEET ALONG THE CENTER 13 LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 17 DEGREES 58 14 MINUTES 24 SECONDS EAST, 50.00 FEET TO THE SOUTH 15 RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 64 16 DEGREES 54 MINUTES 06 SECONDS WEST, 201.56 FEET; THENCE 17 SOUTH 72 DEGREES 01 MINUTES 36 SECONDS WEST, 331.43 FEET; 18 THENCE SOUTH 1 DEGREES 55 MINUTES 17 SECONDS WEST, 144.09 19 FEET; THENCE SOUTHERLY 327.44 FEET ALONG AN 853.94 FOOT 20 RADIUS CURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 12 21 DEGREES 54 MINUTES 22 SECONDS WEST, 325.44 FEET; THENCE 22 SOUTH 23 DEGREES 53 MINUTES 28 SECONDS WEST, 211.52 23 FEET; THENCE SOUTHERLY 289.43 FEET ALONG A 673.94 FOOT 24 RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS SOUTH 11 25 DEGREES 35 MINUTES 17 SECONDS WEST, 287.21 FEET; THENCE 26 SOUTH 0 DEGREES 42 MINUTES 55 SECONDS EAST, 135.43 FEET; 27 THENCE SOUTH 89 DEGREES 17 MINUTES 05 SECONDS WEST, 85.98 28 FEET TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 29 DEGREES 27 MINUTES 55 SECONDS WEST, 459.31 FEET ALONG 30 SAID CENTER LINE; THENCE NORTH 21 DEGREES 25 MINUTES 47 31 SECONDS EAST, 232.86 FEET; THENCE NORTHERLY 266.09 FEET 32 ALONG A 693.94 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD 33 BEARS NORTH 12 DEGREES 54 MINUTES 22 SECONDS EAST, 264.46 34 FEET; THENCE NORTH 1 DEGREES 55 MINUTES 17 SECONDS EAST, HB0708 Engrossed -897- LRB9203186EGfg 1 64.92 FEET; THENCE NORTH 53 DEGREES 01 MINUTES 20 SECONDS 2 WEST, 30.54 FEET; THENCE SOUTH 72 DEGREES 01 MINUTES 36 3 SECONDS WEST, 132.59 FEET TO THE CENTER LINE OF MINKLER 4 ROAD; THENCE NORTH 0 DEGREES 27 MINUTES 55 SECONDS WEST, 5 73.38 FEET ALONG SAID CENTER LINE TO THE POINT OF 6 BEGINNING. 7 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 8 (735 ILCS 5/7-103.94 new) 9 Sec. 7-103.94. Quick-take; DU-COMM at Cloverdale, 10 Illinois. Quick-take proceedings under Section 7-103 may be 11 used for a period of 2 years after July 30, 1999, by DuPage 12 Public Safety Communications (DU-COMM), a unit of 13 intergovernmental cooperation, for the acquisition of 14 property including land, buildings, towers, fixtures, and 15 other improvements located at Cloverdale, Illinois and 16 described as follows: 17 A tract or parcel of land situated in the Southeast 18 Quarter (SE 1/4) of Section Twenty-one (21), Township 19 Forty (40) North, Range Ten (10) East of the Third 20 Principal Meridian, more particularly described as 21 follows: 22 Commencing at the Southwest corner of the 23 Southeast Quarter (SE 1/4) of said Section 24 Twenty-one (21), measure North, along the West line 25 of the Southeast Quarter (SE 1/4) of said Section 26 Twenty-one (21) 1287.35 feet, then East at right 27 angles to the said West line of the Southeast 28 Quarter (SE 1/4) of said Section Twenty-one (21), 29 292.57 feet to the point of beginning; 30 Thence East along the last described course 31 208.71 feet, thence South at right angles to the 32 last described course 208.71 feet, thence West at 33 right angles to the last described course 208.71 HB0708 Engrossed -898- LRB9203186EGfg 1 feet, thence North in a direct line 208.71 feet to 2 the point of beginning; also 3 A right of way and easement thirty-three (33) feet 4 in width for the construction, maintenance, and use of 5 (a) a roadway suitable for vehicular traffic, and (b) 6 such aerial or underground electric power and 7 communication lines as said Company may from time to time 8 desire, consisting of poles, wires, cables, conduits, 9 guys, anchors, and other fixtures and appurtenances, the 10 center line of which right of way and easement is 11 described as follows: 12 Commencing at a point on the West line of the 13 tract or parcel of land above described, distant 14 Southerly 16.5 feet from the Northwest corner of 15 said tract or parcel, thence Westerly at right 16 angles to the West line of the Southeast Quarter (SE 17 1/4) of said Section Twenty-one (21), 293 feet more 18 or less to the public road situated on the West line 19 of the Southeast Quarter (SE 1/4) of said Section 20 Twenty-one (21), Township and Range aforesaid. 21 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 22 (735 ILCS 5/7-103.95 new) 23 Sec. 7-103.95. Quick-take; City of Crest Hill. 24 Quick-take proceedings under Section 7-103 may be used for a 25 period of 3 years after July 30, 1999, (in the case of the 26 permanent easements described in items (A) and (C)), by the 27 City of Crest Hill, for acquisition of the following 28 easements: 29 (A) Permanent easement for the purposes of 30 installation, maintenance, and use of water or sewer, or 31 both water and sewer, lines in, along, through, and under 32 the following legally described property: 33 The East 70 feet of the North half of the North half HB0708 Engrossed -899- LRB9203186EGfg 1 of the Southeast Quarter of Section 30, Township 36 2 North, and in Range 10, East of the Third Principal 3 Meridian (Except therefrom the North 12 Rods of the East 4 13 1/2 Rods thereof, and also except the South 99 feet of 5 the East 440 feet thereof), in Will County, Illinois. 6 (B) Temporary easement for purposes of initial 7 construction of the water or sewer, or both water and 8 sewer, lines in, along, through, and under the permanent 9 easement described in item (A). The temporary easement 10 herein shall arise on September 1, 1999 and shall cease 11 on August 31, 2001 and is legally described as follows: 12 The East 100 feet of the North half of the North 13 half of the Southeast Quarter of Section 30, Township 36 14 North, and in Range 10, East of the Third Principal 15 Meridian (Except therefrom the North 12 Rods of the East 16 13 1/2 Rods thereof, and also except the South 99 feet of 17 the East 440 feet thereof), in Will County, Illinois. 18 (C) Permanent easement for the purposes of 19 installation, maintenance, and use of water or sewer, or 20 both water and sewer, lines in, along, through, and under 21 the following legally described property: 22 The East 70 feet of the West 120 feet of the South 23 half of the Southeast Quarter of Section 30, in township 24 36 North, and in Range 10 East of the Third Principal 25 Meridian, in Will County, Illinois, excepting therefrom 26 the following described tracts: 27 Exception 1: That part of said South half lying 28 Southwesterly of the Northeasterly right-of-way line of 29 the Elgin, Joliet and Eastern Railway Company, in Will 30 County, Illinois. 31 Exception 2: The West 200 feet of said South half, 32 in Will County, Illinois. 33 Exception 3: That part of the South half of the 34 Southeast Quarter of Section 30, Township 36 North, and HB0708 Engrossed -900- LRB9203186EGfg 1 in Range 10 East of the Third Principal Meridian, 2 described as follows: Beginning at a point 250 feet East 3 of the West line of said South half of the Southeast 4 Quarter and 180.58 feet North of the South line of said 5 South half of the Southeast Quarter; thence North along a 6 line 250 feet East of and parallel with the West line of 7 said Southeast Quarter a distance of 1004.55 feet to a 8 point; thence Northwesterly along a diagonal line 65.85 9 feet to its intersection with a line drawn 200 feet East 10 of and parallel to the West line of said Southeast 11 Quarter, said point also being 100.75 feet South of the 12 North line of the South half of said Southeast Quarter, 13 as measured along said parallel line; thence South along 14 the last described parallel line a distance of 1045.02 15 feet to a point 50 feet West of the point of beginning 16 and 180.58 feet North of the South line of said Southeast 17 Quarter; thence East 50 feet to the point of beginning, 18 in Will County, Illinois. 19 Exception 4: Beginning at the Southeast corner of 20 the Southeast Quarter of Section 30, Township 36 North, 21 and in Range 10 East of the Third Principal Meridian, 22 thence Northerly along the East line of said Section for 23 a distance of 346.5 feet; thence Westerly along a line 24 346.5 feet distant from and parallel with the South line 25 of said Section for a distance of 297 feet; thence 26 Southerly along a line 297 feet distant from and parallel 27 with the East line of said Section for a distance of 28 346.5 feet to a point, said point being on the South line 29 of said Section; thence Easterly along said South line of 30 said Section 297 feet to the point of beginning, in Will 31 County, Illinois. 32 Exception 5: That part dedicated for highway 33 purposes in instrument recorded January 28, 1986 as 34 Document No. R86-03205 described as follows: That part of HB0708 Engrossed -901- LRB9203186EGfg 1 the South half of the Southeast Quarter of Section 30, 2 Township 36 North, and in Range 10 East of the Third 3 Principal Meridian bounded and described as follows: 4 Beginning at the point of intersection of the 5 Northeasterly right-of-way line of the Elgin, Joliet and 6 Eastern Railway Company with the South line of said 7 Southeast Quarter, thence on an assumed bearing of North 8 90.00 degrees 00 minutes 00 seconds East along said South 9 line a distance of 288.02 feet; thence North 00 degrees 10 00 minutes 00 seconds East a distance of 33.0 feet; 11 thence North 86 degrees 25 minutes 22 seconds West a 12 distance of 352.57 feet to the Northeasterly right-of-way 13 line of said railway company; thence South 49 degrees 15 14 minutes 53 seconds East along said Northeasterly 15 right-of-way line, a distance of 84.28 feet to the point 16 of beginning, in Will County, Illinois. 17 Exception 6: The North 850 feet of the East 1025 18 feet of the South half of the Southeast Quarter of 19 Section 30, Township 36 North, and in Range 10 East of 20 the Third Principal Meridian, in Will County, Illinois. 21 (D) Temporary easement for purposes of initial 22 construction of the water or sewer, or both water and 23 sewer, lines in, along, through, and under the permanent 24 easement described in item (C). The temporary easement 25 herein shall arise on September 1, 1999 and shall cease 26 on August 31, 2001 and is legally described as follows: 27 The East 100 feet of the West 150 feet of the South 28 half of the Southeast Quarter of Section 30, in Township 29 36 North, and in Range 10 East of the Third Principal 30 Meridian, in Will County, Illinois, excepting therefrom 31 the following described tracts: 32 Exception 1: That part of said South half lying 33 Southwesterly of the Northeasterly right-of-way line of 34 the Elgin, Joliet and Eastern Railway Company, in Will HB0708 Engrossed -902- LRB9203186EGfg 1 County, Illinois. 2 Exception 2: The West 200 feet of said South half, 3 in Will County, Illinois. 4 Exception 3: That part of the South half of the 5 Southeast Quarter of Section 30, Township 36 North, and 6 in Range 10 East of the Third Principal Meridian, 7 described as follows: Beginning at a point 250 feet East 8 of the West line of said South half of the Southeast 9 Quarter and 180.58 feet North of the South line of said 10 South half of the Southeast Quarter; thence North along a 11 line 250 feet East of and parallel with the West line of 12 said southeast Quarter a distance of 1004.55 feet to a 13 point; thence Northwesterly along a diagonal line 65.85 14 feet to its intersection with a line drawn 200 feet East 15 of and parallel to the West line of said Southeast 16 Quarter, said point also being 100.75 feet South of the 17 North line of the South half of said Southeast Quarter, 18 as measured along said parallel line; thence South along 19 the last described parallel line a distance of 1045.02 20 feet to a point 50 feet West of the point of beginning 21 and 180.58 feet North of the South line of said Southeast 22 Quarter; thence East 50 feet to the point of beginning, 23 in Will County, Illinois. 24 Exception 4: Beginning at the Southeast corner of 25 the Southeast Quarter of Section 30, Township 36 North, 26 and in Range 10 East of the Third Principal Meridian, 27 thence Northerly along the East line of said Section for 28 a distance of 346.5 feet; thence Westerly along a line 29 346.5 feet distant from and parallel with the South line 30 of said Section for a distance of 297 feet; thence 31 Southerly along a line 297 feet distant from and parallel 32 with the East line of said Section for a distance of 33 346.5 feet to a point, said point being on the South line 34 of said Section; thence Easterly along said South line of HB0708 Engrossed -903- LRB9203186EGfg 1 said Section 297 feet to the point of beginning, in Will 2 County, Illinois. 3 Exception 5: That part dedicated for highway 4 purposes in instrument recorded January 28, 1986 as 5 Document No. R86-03205 described as follows: That part of 6 the South half of the Southeast Quarter of Section 30, 7 Township 36 North, and in Range 10 East of the Third 8 Principal Meridian bounded and described as follows: 9 Beginning at the point of intersection of the 10 Northeasterly right-of-way line of the Elgin, Joliet and 11 Eastern Railway Company with the South line of said 12 Southeast Quarter; thence on an assumed bearing of North 13 90.00 degrees 00 minutes 00 seconds East along said South 14 line a distance of 288.02 feet; thence North 00 degrees 15 00 minutes 00 seconds East a distance of 33.0 feet; 16 thence North 86 degrees 25 minutes 22 seconds West a 17 distance of 352.57 feet to the Northeasterly right-of-way 18 line of said railway company; thence South 49 degrees 15 19 minutes 53 seconds East along said Northeasterly 20 right-of-way line, a distance of 84.28 feet to the point 21 of beginning, in Will County, Illinois. 22 Exception 6: The North 850 feet of the East 1025 23 feet of the South half of the Southeast Quarter of 24 Section 30, Township 36 North, and in Range 10 East of 25 the Third Principal Meridian, in Will County, Illinois. 26 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 27 (735 ILCS 5/7-103.96 new) 28 Sec. 7-103.96. Quick-take; Village of Palatine. 29 Quick-take proceedings under Section 7-103 may be used for a 30 period of 4 years after July 30, 1999, by the Village of 31 Palatine, for the acquisition of the following described 32 property for the purpose of revitalizing the downtown 33 business area: HB0708 Engrossed -904- LRB9203186EGfg 1 Lots 1 through 3 in Block D of the Subdivision of the 2 North 24.60 acres in the NE 1/4 of the NE 1/4 of Section 22, 3 Township 42, Range 10 East of the Third Principal Meridian, 4 in Cook County, IL; 5 Property bounded by Bothwell Street, Railroad 6 right-of-way, Plum Grove Road and Chicago Avenue in the 7 Village of Palatine; 8 Lots 1 through 8 in Block K, of the Town of Palatine, a 9 subdivision of the West 16 2/3 acres of the South 31 acres of 10 the West 1/2 of the Southwest 1/4 of Section 14 and the 11 Southeast 24.12 acres of the South 31 acres of the East 1/2 12 of the Southeast 1/4 of Section 15, Township 42 North, Range 13 10, East of the Third Principal Meridian, Ante-Fire, 14 Re-recorded April 10, 1877 as Document 129579, in Cook 15 County, Illinois; 16 Property bounded by Wilson Street, Plum Grove Road, Slade 17 Street, Railroad right-of-way and Bothwell Street in the 18 Village of Palatine; 19 Lots 1 through 8 in Block 8 of the Subdivision of part of 20 the East 1/2 of the SE 1/4 Section, Ante-Fire, Re-recorded on 21 April 10, 1877 as Document Number 129579; 22 Lots 20 and 21 and the West 71.25 feet of Lot 24 of 23 Arthur T. McIntosh and Company's Palatine Farms, being a 24 subdivision of Section 16, Township 42, Range 10 East of the 25 Third Principal Meridian, in Cook County, IL, recorded on 26 June 16, 1919; 27 Lots 1 through 3 of Millin's Subdivision of the SE 1/4 of 28 Section 15, Township 42, Range 10 East of the Third 29 Principal Meridian, in Cook County, IL; 30 Property bounded by Colfax Street, Smith Street and 31 Millin's Subdivision of the SE 1/4 of Section 15, Township 32 42, Range 10 East of the Third Principal Meridian, in Cook 33 County, IL; 34 Property bounded by Wood Street, Brockway Street and HB0708 Engrossed -905- LRB9203186EGfg 1 Railroad right-of-way in the Village of Palatine; 2 Lots 45 through 50 and 58 through 64 of Arthur T. 3 McIntosh and Company's Palatine Farms, being a subdivision of 4 Section 16, Township 42, Range 10 East of the Third Principal 5 Meridian, in Cook County, IL, recorded on June 16, 1919; and 6 Property bounded by Railroad right-of-way, Brockway Street 7 and Slade Street in the Village of Palatine. 8 (Source: P.A. 91-367, eff. 7-30-99; revised 8-16-99.) 9 Section 96. The Illinois Marriage and Dissolution of 10 Marriage Act is amended by changing Sections 505, 505.2, 11 505.3, 705, 709, and 713 as follows: 12 (750 ILCS 5/505) (from Ch. 40, par. 505) 13 Sec. 505. Child support; contempt; penalties. 14 (a) In a proceeding for dissolution of marriage, legal 15 separation, declaration of invalidity of marriage, a 16 proceeding for child support following dissolution of the 17 marriage by a court which lacked personal jurisdiction over 18 the absent spouse, a proceeding for modification of a 19 previous order for child support under Section 510 of this 20 Act, or any proceeding authorized under Section 501 or 601 of 21 this Act, the court may order either or both parents owing a 22 duty of support to a child of the marriage to pay an amount 23 reasonable and necessary for his support, without regard to 24 marital misconduct. The duty of support owed to a minor 25 child includes the obligation to provide for the reasonable 26 and necessary physical, mental and emotional health needs of 27 the child. 28 (1) The Court shall determine the minimum amount of 29 support by using the following guidelines: 30 Number of Children Percent of Supporting Party's 31 Net Income 32 1 20% HB0708 Engrossed -906- LRB9203186EGfg 1 2 25% 2 3 32% 3 4 40% 4 5 45% 5 6 or more 50% 6 (2) The above guidelines shall be applied in each 7 case unless the court makes a finding that application of 8 the guidelines would be inappropriate, after considering 9 the best interests of the child in light of evidence 10 including but not limited to one or more of the following 11 relevant factors: 12 (a) the financial resources and needs of the 13 child; 14 (b) the financial resources and needs of the 15 custodial parent; 16 (c) the standard of living the child would 17 have enjoyed had the marriage not been dissolved; 18 (d) the physical and emotional condition of 19 the child, and his educational needs; and 20 (e) the financial resources and needs of the 21 non-custodial parent. 22 If the court deviates from the guidelines, the 23 court's finding shall state the amount of support that 24 would have been required under the guidelines, if 25 determinable. The court shall include the reason or 26 reasons for the variance from the guidelines. 27 (3) "Net income" is defined as the total of all 28 income from all sources, minus the following deductions: 29 (a) Federal income tax (properly calculated 30 withholding or estimated payments); 31 (b) State income tax (properly calculated 32 withholding or estimated payments); 33 (c) Social Security (FICA payments); 34 (d) Mandatory retirement contributions HB0708 Engrossed -907- LRB9203186EGfg 1 required by law or as a condition of employment; 2 (e) Union dues; 3 (f) Dependent and individual 4 health/hospitalization insurance premiums; 5 (g) Prior obligations of support or 6 maintenance actually paid pursuant to a court order; 7 (h) Expenditures for repayment of debts that 8 represent reasonable and necessary expenses for the 9 production of income, medical expenditures necessary 10 to preserve life or health, reasonable expenditures 11 for the benefit of the child and the other parent, 12 exclusive of gifts. The court shall reduce net 13 income in determining the minimum amount of support 14 to be ordered only for the period that such payments 15 are due and shall enter an order containing 16 provisions for its self-executing modification upon 17 termination of such payment period. 18 (4) In cases where the court order provides for 19 health/hospitalization insurance coverage pursuant to 20 Section 505.2 of this Act, the premiums for that 21 insurance, or that portion of the premiums for which the 22 supporting party is responsible in the case of insurance 23 provided through an employer's health insurance plan 24 where the employer pays a portion of the premiums, shall 25 be subtracted from net income in determining the minimum 26 amount of support to be ordered. 27 (4.5) In a proceeding for child support following 28 dissolution of the marriage by a court that lacked 29 personal jurisdiction over the absent spouse, and in 30 which the court is requiring payment of support for the 31 period before the date an order for current support is 32 entered, there is a rebuttable presumption that the 33 supporting party's net income for the prior period was 34 the same as his or her net income at the time the order HB0708 Engrossed -908- LRB9203186EGfg 1 for current support is entered. 2 (5) If the net income cannot be determined because 3 of default or any other reason, the court shall order 4 support in an amount considered reasonable in the 5 particular case. The final order in all cases shall 6 state the support level in dollar amounts. However, if 7 the court finds that the child support amount cannot be 8 expressed exclusively as a dollar amount because all or a 9 portion of the payor's net income is uncertain as to 10 source, time of payment, or amount, the court may order a 11 percentage amount of support in addition to a specific 12 dollar amount and enter such other orders as may be 13 necessary to determine and enforce, on a timely basis, 14 the applicable support ordered. 15 (6) If (i) the non-custodial parent was properly 16 served with a request for discovery of financial 17 information relating to the non-custodial parent's 18 ability to provide child support, (ii) the non-custodial 19 parent failed to comply with the request, despite having 20 been ordered to do so by the court, and (iii) the 21 non-custodial parent is not present at the hearing to 22 determine support despite having received proper notice, 23 then any relevant financial information concerning the 24 non-custodial parent's ability to provide child support 25 that was obtained pursuant to subpoena and proper notice 26 shall be admitted into evidence without the need to 27 establish any further foundation for its admission. 28 (a-5) In an action to enforce an order for support based 29 on the respondent's failure to make support payments as 30 required by the order, notice of proceedings to hold the 31 respondent in contempt for that failure may be served on the 32 respondent by personal service or by regular mail addressed 33 to the respondent's last known address. The respondent's 34 last known address may be determined from records of the HB0708 Engrossed -909- LRB9203186EGfg 1 clerk of the court, from the Federal Case Registry of Child 2 Support Orders, or by any other reasonable means. 3 (b) Failure of either parent to comply with an order to 4 pay support shall be punishable as in other cases of 5 contempt. In addition to other penalties provided by law the 6 Court may, after finding the parent guilty of contempt, order 7 that the parent be: 8 (1) placed on probation with such conditions of 9 probation as the Court deems advisable; 10 (2) sentenced to periodic imprisonment for a period 11 not to exceed 6 months; provided, however, that the Court 12 may permit the parent to be released for periods of time 13 during the day or night to: 14 (A) work; or 15 (B) conduct a business or other self-employed 16 occupation. 17 The Court may further order any part or all of the 18 earnings of a parent during a sentence of periodic 19 imprisonment paid to the Clerk of the Circuit Court or to the 20 parent having custody or to the guardian having custody of 21 the minor children of the sentenced parent for the support of 22 said minor children until further order of the Court. 23 If there is a unity of interest and ownership sufficient 24 to render no financial separation between a non-custodial 25 parent and another person or persons or business entity, the 26 court may pierce the ownership veil of the person, persons, 27 or business entity to discover assets of the non-custodial 28 parent held in the name of that person, those persons, or 29 that business entity. The following circumstances are 30 sufficient to authorize a court to order discovery of the 31 assets of a person, persons, or business entity and to compel 32 the application of any discovered assets toward payment on 33 the judgment for support: 34 (1) the non-custodial parent and the person, HB0708 Engrossed -910- LRB9203186EGfg 1 persons, or business entity maintain records together. 2 (2) the non-custodial parent and the person, 3 persons, or business entity fail to maintain an arms 4 length relationship between themselves with regard to any 5 assets. 6 (3) the non-custodial parent transfers assets to 7 the person, persons, or business entity with the intent 8 to perpetrate a fraud on the custodial parent. 9 With respect to assets which are real property, no order 10 entered under this paragraph shall affect the rights of bona 11 fide purchasers, mortgagees, judgment creditors, or other 12 lien holders who acquire their interests in the property 13 prior to the time a notice of lis pendens pursuant to the 14 Code of Civil Procedure or a copy of the order is placed of 15 record in the office of the recorder of deeds for the county 16 in which the real property is located. 17 The court may also order in cases where the parent is 90 18 days or more delinquent in payment of support or has been 19 adjudicated in arrears in an amount equal to 90 days 20 obligation or more, that the parent's Illinois driving 21 privileges be suspended until the court determines that the 22 parent is in compliance with the order of support. The court 23 may also order that the parent be issued a family financial 24 responsibility driving permit that would allow limited 25 driving privileges for employment and medical purposes in 26 accordance with Section 7-702.1 of the Illinois Vehicle Code. 27 The clerk of the circuit court shall certify the order 28 suspending the driving privileges of the parent or granting 29 the issuance of a family financial responsibility driving 30 permit to the Secretary of State on forms prescribed by the 31 Secretary. Upon receipt of the authenticated documents, the 32 Secretary of State shall suspend the parent's driving 33 privileges until further order of the court and shall, if 34 ordered by the court, subject to the provisions of Section HB0708 Engrossed -911- LRB9203186EGfg 1 7-702.1 of the Illinois Vehicle Code, issue a family 2 financial responsibility driving permit to the parent. 3 In addition to the penalties or punishment that may be 4 imposed under this Section, any person whose conduct 5 constitutes a violation of Section 15 of the Non-Support 6 Punishment Act may be prosecuted under that Act, and a person 7 convicted under that Act may be sentenced in accordance with 8 that Act. The sentence may include but need not be limited 9 to a requirement that the person perform community service 10 under Section 50 of that Act or participate in a work 11 alternative program under Section 50 of that Act. A person 12 may not be required to participate in a work alternative 13 program under Section 50 of that Act if the person is 14 currently participating in a work program pursuant to Section 15 505.1 of this Act. 16 A support obligation, or any portion of a support 17 obligation, which becomes due and remains unpaid for 30 days 18 or more shall accrue interest at the rate of 9% per annum. 19 (c) A one-time charge of 20% is imposable upon the 20 amount of past-due child support owed on July 1, 1988 which 21 has accrued under a support order entered by the court. The 22 charge shall be imposed in accordance with the provisions of 23 Section 10-21 of the Illinois Public Aid Code and shall be 24 enforced by the court upon petition. 25 (d) Any new or existing support order entered by the 26 court under this Section shall be deemed to be a series of 27 judgments against the person obligated to pay support 28 thereunder, each such judgment to be in the amount of each 29 payment or installment of support and each such judgment to 30 be deemed entered as of the date the corresponding payment or 31 installment becomes due under the terms of the support order. 32 Each such judgment shall have the full force, effect and 33 attributes of any other judgment of this State, including the 34 ability to be enforced. A lien arises by operation of law HB0708 Engrossed -912- LRB9203186EGfg 1 against the real and personal property of the noncustodial 2 parent for each installment of overdue support owed by the 3 noncustodial parent. 4 (e) When child support is to be paid through the clerk 5 of the court in a county of 1,000,000 inhabitants or less, 6 the order shall direct the obligor to pay to the clerk, in 7 addition to the child support payments, all fees imposed by 8 the county board under paragraph (3) of subsection (u) of 9 Section 27.1 of the Clerks of Courts Act. Unless paid in 10 cash or pursuant to an order for withholding, the payment of 11 the fee shall be by a separate instrument from the support 12 payment and shall be made to the order of the Clerk. 13 (f) All orders for support, when entered or modified, 14 shall include a provision requiring the obligor to notify the 15 court and, in cases in which a party is receiving child and 16 spouse services under Article X of the Illinois Public Aid 17 Code, the Illinois Department of Public Aid, within 7 days, 18 (i) of the name and address of any new employer of the 19 obligor, (ii) whether the obligor has access to health 20 insurance coverage through the employer or other group 21 coverage and, if so, the policy name and number and the names 22 of persons covered under the policy, and (iii) of any new 23 residential or mailing address or telephone number of the 24 non-custodial parent. In any subsequent action to enforce a 25 support order, upon a sufficient showing that a diligent 26 effort has been made to ascertain the location of the 27 non-custodial parent, service of process or provision of 28 notice necessary in the case may be made at the last known 29 address of the non-custodial parent in any manner expressly 30 provided by the Code of Civil Procedure or this Act, which 31 service shall be sufficient for purposes of due process. 32 (g) An order for support shall include a date on which 33 the current support obligation terminates. The termination 34 date shall be no earlier than the date on which the child HB0708 Engrossed -913- LRB9203186EGfg 1 covered by the order will attain the age of majority or is 2 otherwise emancipated. The order for support shall state that 3 the termination date does not apply to any arrearage that may 4 remain unpaid on that date. Nothing in this subsection shall 5 be construed to prevent the court from modifying the order. 6 (h) An order entered under this Section shall include a 7 provision requiring the obligor to report to the obligee and 8 to the clerk of court within 10 days each time the obligor 9 obtains new employment, and each time the obligor's 10 employment is terminated for any reason. The report shall be 11 in writing and shall, in the case of new employment, include 12 the name and address of the new employer. Failure to report 13 new employment or the termination of current employment, if 14 coupled with nonpayment of support for a period in excess of 15 60 days, is indirect criminal contempt. For any obligor 16 arrested for failure to report new employment bond shall be 17 set in the amount of the child support that should have been 18 paid during the period of unreported employment. An order 19 entered under this Section shall also include a provision 20 requiring the obligor and obligee parents to advise each 21 other of a change in residence within 5 days of the change 22 except when the court finds that the physical, mental, or 23 emotional health of a party or that of a minor child, or 24 both, would be seriously endangered by disclosure of the 25 party's address. 26 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98; 27 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff. 28 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; 91-655, 29 eff. 6-1-00; 91-767, eff. 6-9-00; revised 6-28-00.) 30 (750 ILCS 5/505.2) (from Ch. 40, par. 505.2) 31 Sec. 505.2. Health insurance. 32 (a) Definitions. As used in this Section: 33 (1) "Obligee" means the individual to whom the duty HB0708 Engrossed -914- LRB9203186EGfg 1 of support is owed or the individual's legal 2 representative. 3 (2) "Obligor" means the individual who owes a duty 4 of support pursuant to an order for support. 5 (3) "Public office" means any elected official or 6 any State or local agency which is or may become 7 responsible by law for enforcement of, or which is or may 8 become authorized to enforce, an order for support, 9 including, but not limited to: the Attorney General, the 10 Illinois Department of Public Aid, the Illinois 11 Department of Human Services, the Illinois Department of 12 Children and Family Services, and the various State's 13 Attorneys, Clerks of the Circuit Court and supervisors of 14 general assistance. 15 (b) Order. 16 (1) Whenever the court establishes, modifies or 17 enforces an order for child support or for child support 18 and maintenance the court shall include in the order a 19 provision for the health care coverage of the child which 20 shall, upon request of the obligee or Public Office, 21 require that any child covered by the order be named as a 22 beneficiary of any health insurance plan that is 23 available to the obligor through an employer or labor 24 union or trade union. If the court finds that such a 25 plan is not available to the obligor, or that the plan is 26 not accessible to the obligee, the court may, upon 27 request of the obligee or Public Office, order the 28 obligor to name the child covered by the order as a 29 beneficiary of any health insurance plan that is 30 available to the obligor on a group basis, or as a 31 beneficiary of an independent health insurance plan to be 32 obtained by the obligor, after considering the following 33 factors: 34 (A) the medical needs of the child; HB0708 Engrossed -915- LRB9203186EGfg 1 (B) the availability of a plan to meet those 2 needs; and 3 (C) the cost of such a plan to the obligor. 4 (2) If the employer or labor union or trade union 5 offers more than one plan, the order shall require the 6 obligor to name the child as a beneficiary of the plan in 7 which the obligor is enrolled. 8 (3) Nothing in this Section shall be construed to 9 limit the authority of the court to establish or modify a 10 support order to provide for payment of expenses, 11 including deductibles, copayments and any other health 12 expenses, which are in addition to expenses covered by an 13 insurance plan of which a child is ordered to be named a 14 beneficiary pursuant to this Section. 15 (c) Implementation and enforcement. 16 (1) When the court order requires that a minor 17 child be named as a beneficiary of a health insurance 18 plan, other than a health insurance plan available 19 through an employer or labor union or trade union, the 20 obligor shall provide written proof to the obligee or 21 Public Office that the required insurance has been 22 obtained, or that application for insurability has been 23 made, within 30 days of receiving notice of the court 24 order. Unless the obligor was present in court when the 25 order was issued, notice of the order shall be given 26 pursuant to Illinois Supreme Court Rules. If an obligor 27 fails to provide the required proof, he may be held in 28 contempt of court. 29 (2) When the court requires that a minor child be 30 named as a beneficiary of a health insurance plan 31 available through an employer or labor union or trade 32 union, the court's order shall be implemented in 33 accordance with the Income Withholding for Support Act 34Section 706.1, as now or hereafter amended. HB0708 Engrossed -916- LRB9203186EGfg 1 (d) Failure to maintain insurance. The dollar amount of 2 the premiums for court-ordered health insurance, or that 3 portion of the premiums for which the obligor is responsible 4 in the case of insurance provided under a group health 5 insurance plan through an employer or labor union or trade 6 union where the employer or labor union or trade union pays a 7 portion of the premiums, shall be considered an additional 8 child support obligation owed by the obligor. Whenever the 9 obligor fails to provide or maintain health insurance 10 pursuant to an order for support, the obligor shall be liable 11 to the obligee for the dollar amount of the premiums which 12 were not paid, and shall also be liable for all medical 13 expenses incurred by the minor child which would have been 14 paid or reimbursed by the health insurance which the obligor 15 was ordered to provide or maintain. In addition, the obligee 16 may petition the court to modify the order based solely on 17 the obligor's failure to pay the premiums for court-ordered 18 health insurance. 19 (e) Authorization for payment. The signature of the 20 obligee is a valid authorization to the insurer to process a 21 claim for payment under the insurance plan to the provider of 22 the health care services or to the obligee. 23 (f) Disclosure of information. The obligor's employer 24 or labor union or trade union shall disclose to the obligee 25 or Public Office, upon request, information concerning any 26 dependent coverage plans which would be made available to a 27 new employee or labor union member or trade union member. 28 The employer or labor union or trade union shall disclose 29 such information whether or not a court order for medical 30 support has been entered. 31 (g) Employer obligations. If a parent is required by an 32 order for support to provide coverage for a child's health 33 care expenses and if that coverage is available to the parent 34 through an employer who does business in this State, the HB0708 Engrossed -917- LRB9203186EGfg 1 employer must do all of the following upon receipt of a copy 2 of the order of support or order for withholding: 3 (1) The employer shall, upon the parent's request, 4 permit the parent to include in that coverage a child who 5 is otherwise eligible for that coverage, without regard 6 to any enrollment season restrictions that might 7 otherwise be applicable as to the time period within 8 which the child may be added to that coverage. 9 (2) If the parent has health care coverage through 10 the employer but fails to apply for coverage of the 11 child, the employer shall include the child in the 12 parent's coverage upon application by the child's other 13 parent or the Illinois Department of Public Aid. 14 (3) The employer may not eliminate any child from 15 the parent's health care coverage unless the employee is 16 no longer employed by the employer and no longer covered 17 under the employer's group health plan or unless the 18 employer is provided with satisfactory written evidence 19 of either of the following: 20 (A) The order for support is no longer in 21 effect. 22 (B) The child is or will be included in a 23 comparable health care plan obtained by the parent 24 under such order that is currently in effect or will 25 take effect no later than the date the prior 26 coverage is terminated. 27 The employer may eliminate a child from a parent's 28 health care plan obtained by the parent under such order 29 if the employer has eliminated dependent health care 30 coverage for all of its employees. 31 (Source: P.A. 89-183, eff. 1-1-96; 89-507, eff. 7-1-97; 32 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; revised 3-9-00.) 33 (750 ILCS 5/505.3) HB0708 Engrossed -918- LRB9203186EGfg 1 Sec. 505.3. Information to State Case Registry. 2 (a) When an order for support is entered or modified 3 under this Act, the clerk of the circuit court shall, within 4 5 business days, provide to the State Case Registry 5 established under Section 10-27 of the Illinois Public Aid 6 Code the court docket number and county in which the order is 7 entered or modified and the following information, which the 8 parties shall disclose to the court: 9 (1) The names of the custodial and non-custodial 10 parents and of the child or children covered by the 11 order. 12 (2) The dates of birth of the custodial and 13 non-custodial parents and of the child or children 14 covered by the order. 15 (3) The social security numbers of the custodial 16 and non-custodial parents and of the child or children 17 covered by the order. 18 (4) The residential and mailing addresses for the 19 custodial and non-custodial parents. 20 (5) The telephone numbers for the custodial and 21 non-custodial parents. 22 (6) The driver's license numbers for the custodial 23 and non-custodial parents. 24 (7) The name, address, and telephone number of each 25 parent's employer or employers. 26 (b) When a child support order is entered or modified 27 for a case in which a party is receiving child and spouse 28 support services under Article X of the Illinois Public Aid 29 Code, the clerk shall provide the State Case Registry with 30 the following information: 31 (1) The information specified in subsection (a) of 32 this Section. 33 (2) The amount of monthly or other periodic support 34 owed under the order and other amounts, including HB0708 Engrossed -919- LRB9203186EGfg 1 arrearages, interest, or late payment penalties and fees, 2 due or overdue under the order. 3 (3) Any amounts described in subdivision (2) of 4 this subsection (b) that have been received by the clerk. 5 (4) The distribution of the amounts received by the 6 clerk. 7 (c) A party shall report to the clerk of the circuit 8 court changes in information required to bethedisclosed 9 under this Section within 5 business days of the change. 10 (d) To the extent that updated information is in the 11 clerk's possession, the clerk shall provide updates of the 12 information specified in subsection (b) of this Section 13 within 5 business days after the Illinois Department of 14 Public Aid's request for that updated information. 15 (Source: P.A. 91-212, eff. 7-20-99; revised 1-16-01.) 16 (750 ILCS 5/705) (from Ch. 40, par. 705) 17 Sec. 705. Support payments; receiving and disbursing 18 agents. 19 (1) The provisions of this Section shall apply, except 20 as provided in Sections 709 through 712. 21 (2) In a dissolution of marriage action filed in a 22 county of less than 3 million population in which an order or 23 judgment for child support is entered, and in supplementary 24 proceedings in any such county to enforce or vary the terms 25 of such order or judgment arising out of an action for 26 dissolution of marriage filed in such county, the court, 27 except as it otherwise orders, under subsection (4) of this 28 Section, may direct that child support payments be made to 29 the clerk of the court. 30 (3) In a dissolution of marriage action filed in any 31 county of 3 million or more population in which an order or 32 judgment for child support is entered, and in supplementary 33 proceedings in any such county to enforce or vary the terms HB0708 Engrossed -920- LRB9203186EGfg 1 of such order or judgment arising out of an action for 2 dissolution of marriage filed in such county, the court, 3 except as it otherwise orders under subsection (4) of this 4 Section, may direct that child support payments be made 5 either to the clerk of the court or to the Court Service 6 Division of the County Department of Public Aid. After the 7 effective date of this Act, the court, except as it otherwise 8 orders under subsection (4) of this Section, may direct that 9 child support payments be made either to the clerk of the 10 court or to the Illinois Department of Public Aid. 11 (4) In a dissolution of marriage action or supplementary 12 proceedings involving maintenance or child support payments, 13 or both, to persons who are recipients of aid under the 14 Illinois Public Aid Code, the court shall direct that such 15 payments be made to (a) the Illinois Department of Public Aid 16 if the persons are recipients under Articles III, IV, or V of 17 the Code, or (b) the local governmental unit responsible for 18 their support if they are recipients under Articles VI or VII 19 of the Code. In accordance with federal law and regulations, 20 the Illinois Department of Public Aid may continue to collect 21 current maintenance payments or child support payments, or 22 both, after those persons cease to receive public assistance 23 and until termination of services under Article X of the 24 Illinois Public Aid Code. The Illinois Department of Public 25 Aid shall pay the net amount collected to those persons after 26 deducting any costs incurred in making the collection or any 27 collection fee from the amount of any recovery made. The 28 order shall permit the Illinois Department of Public Aid or 29 the local governmental unit, as the case may be, to direct 30 that payments be made directly to the former spouse, the 31 children, or both, or to some person or agency in their 32 behalf, upon removal of the former spouse or children from 33 the public aid rolls or upon termination of services under 34 Article X of the Illinois Public Aid Code; and upon such HB0708 Engrossed -921- LRB9203186EGfg 1 direction, the Illinois Department or local governmental 2 unit, as the case requires, shall give notice of such action 3 to the court in writing or by electronic transmission. 4 (5) All clerks of the court and the Court Service 5 Division of a County Department of Public Aid and, after the 6 effective date of this Act, all clerks of the court and the 7 Illinois Department of Public Aid, receiving child support 8 payments under subsections (2) and (3) of this Section shall 9 disburse the payments to the person or persons entitled 10 thereto under the terms of the order or judgment. They shall 11 establish and maintain current records of all moneys received 12 and disbursed and of defaults and delinquencies in required 13 payments. The court, by order or rule, shall make provision 14 for the carrying out of these duties. 15 Upon notification in writing or by electronic 16 transmission from the Illinois Department of Public Aid to 17 the clerk of the court that a person who is receiving support 18 payments under this Section is receiving services under the 19 Child Support Enforcement Program established by Title IV-D 20 of the Social Security Act, any support payments subsequently 21 received by the clerk of the court shall be transmitted in 22 accordance with the instructions of the Illinois Department 23 of Public Aid until the Department gives notice to the clerk 24 of the court to cease the transmittal. After providing the 25 notification authorized under this paragraph, the Illinois 26 Department of Public Aid shall be entitled as a party to 27 notice of any further proceedings in the case. The clerk of 28 the court shall file a copy of the Illinois Department of 29 Public Aid's notification in the court file. The failure of 30 the clerk to file a copy of the notification in the court 31 file shall not, however, affect the Illinois Department of 32 Public Aid's right to receive notice of further proceedings. 33 Payments under this Section to the Illinois Department of 34 Public Aid pursuant to the Child Support Enforcement Program HB0708 Engrossed -922- LRB9203186EGfg 1 established by Title IV-D of the Social Security Act shall be 2 paid into the Child Support Enforcement Trust Fund. All 3 payments under this Section to the Illinois Department of 4 Human Services shall be deposited in the DHS Recoveries Trust 5 Fund. Disbursements from these funds shall be as provided in 6 the Illinois Public Aid Code. Payments received by a local 7 governmental unit shall be deposited in that unit's General 8 Assistance Fund. Any order of court directing payment of 9 child support to a clerk of court or the Court Service 10 Division of a County Department of Public Aid, which order 11 has been entered on or after August 14, 1961, and prior to 12 the effective date of this Act, may be amended by the court 13 in line with this Act; and orders involving payments of 14 maintenance or child support to recipients of public aid may 15 in like manner be amended to conform to this Act. 16 (6) No filing fee or costs will be required in any 17 action brought at the request of the Illinois Department of 18 Public Aid in any proceeding under this Act. However, any 19 such fees or costs may be assessed by the court against the 20 respondent in the court's order of support or any 21 modification thereof in a proceeding under this Act. 22 (7) For those cases in which child support is payable to 23 the clerk of the circuit court for transmittal to the 24 Illinois Department of Public Aid by order of court or upon 25 notification by the Illinois Department of Public Aid, the 26 clerk shall transmit all such payments, within 4 working days 27 of receipt, to insure that funds are available for immediate 28 distribution by the Department to the person or entity 29 entitled thereto in accordance with standards of the Child 30 Support Enforcement Program established under Title IV-D of 31 the Social Security Act. The clerk shall notify the 32 Department of the date of receipt and amount thereof at the 33 time of transmittal. Where the clerk has entered into an 34 agreement of cooperation with the Department to record the HB0708 Engrossed -923- LRB9203186EGfg 1 terms of child support orders and payments made thereunder 2 directly into the Department's automated data processing 3 system, the clerk shall account for, transmit and otherwise 4 distribute child support payments in accordance with such 5 agreement in lieu of the requirements contained herein. 6 In any action filed in a county with a population of 7 1,000,000 or less, the court shall assess against the 8 respondent in any order of maintenance or child support any 9 sum up to $36 annually authorized by ordinance of the county 10 board to be collected by the clerk of the court as costs for 11 administering the collection and disbursement of maintenance 12 and child support payments. Such sum shall be in addition to 13 and separate from amounts ordered to be paid as maintenance 14 or child support. 15 (8) To the extent the provisions of this Section are 16 inconsistent with the requirements pertaining to the State 17 Disbursement Unit under Section 507.1 of this Act and Section 18 10-26 of the Illinois Public Aid Code, the requirements 19 pertaining to the State Disbursement Unit shall apply. 20 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 21 90-790, eff. 8-14-98; 91-24, eff. 7-1-99; 91-212, eff. 22 7-20-99; 91-357, eff. 7-29-99; revised 8-31-99.) 23 (750 ILCS 5/709) (from Ch. 40, par. 709) 24 Sec. 709. Mandatory child support payments to clerk. 25 (a) As of January 1, 1982, child support orders entered 26 in any county covered by this subsection shall be made 27 pursuant to the provisions of Sections 709 through 712 of 28 this Act. For purposes of these Sections, the term "child 29 support payment" or "payment" shall include any payment 30 ordered to be made solely for the purpose of the support of a 31 child or children or any payment ordered for general support 32 which includes any amount for support of any child or 33 children. HB0708 Engrossed -924- LRB9203186EGfg 1 The provisions of Sections 709 through 712 shall be 2 applicable to any county with a population of 2 million or 3 more and to any other county which notifies the Supreme Court 4 of its desire to be included within the coverage of these 5 Sections and is certified pursuant to Supreme Court Rules. 6 The effective date of inclusion, however, shall be 7 subject to approval of the application for reimbursement of 8 the costs of the support program by the Department of Public 9 Aid as provided in Section 712. 10 (b) In any proceeding for a dissolution of marriage, 11 legal separation, or declaration of invalidity of marriage, 12 or in any supplementary proceedings in which a judgment or 13 modification thereof for the payment of child support is 14 entered on or after January 1, 1982, in any county covered by 15 Sections 709 through 712, and the person entitled to payment 16 is receiving a grant of financial aid under Article IV of the 17 Illinois Public Aid Code or has applied and qualified for 18 support services under Section 10-1 of that Code, the court 19 shall direct: (1) that such payments be made to the clerk of 20 the court and (2) that the parties affected shall each 21 thereafter notify the clerk of any change of address or 22 change in other conditions that may affect the administration 23 of the order, including the fact that a party who was 24 previously not on public aid has become a recipient of public 25 aid, within 10 days of such change. All notices sent to the 26 obligor's last known address on file with the clerk shall be 27 deemed sufficient to proceed with enforcement pursuant to the 28 provisions of Sections 709 through 712. 29 In all other cases, the court may direct that payments be 30 made to the clerk of the court. 31 (c) Except as provided in subsection (d) of this 32 Section, the clerk shall disburse the payments to the person 33 or persons entitled thereto under the terms of the order or 34 judgment. HB0708 Engrossed -925- LRB9203186EGfg 1 (d) The court shall determine, prior to the entry of the 2 support order, if the party who is to receive the support is 3 presently receiving public aid or has a current application 4 for public aid pending and shall enter the finding on the 5 record. 6 If the person entitled to payment is a recipient of aid 7 under the Illinois Public Aid Code, the clerk, upon being 8 informed of this fact by finding of the court, by 9 notification by the party entitled to payment, by the 10 Illinois Department of Public Aid or by the local 11 governmental unit, shall make all payments to: (1) the 12 Illinois Department of Public Aid if the person is a 13 recipient under Article III, IV, or V of the Code or (2) the 14 local governmental unit responsible for his or her support if 15 the person is a recipient under Article VI or VII of the 16 Code. In accordance with federal law and regulations, the 17 Illinois Department of Public Aid may continue to collect 18 current maintenance payments or child support payments, or 19 both, after those persons cease to receive public assistance 20 and until termination of services under Article X of the 21 Illinois Public Aid Code. The Illinois Department of Public 22 Aid shall pay the net amount collected to those persons after 23 deducting any costs incurred in making the collection or any 24 collection fee from the amount of any recovery made. Upon 25 termination of public aid payments to such a recipient or 26 termination of services under Article X of the Illinois 27 Public Aid Code, the Illinois Department of Public Aid or the 28 appropriate local governmental unit shall notify the clerk in 29 writing or by electronic transmission that all subsequent 30 payments are to be sent directly to the person entitled 31 thereto. 32 Upon notification in writing or by electronic 33 transmission from the Illinois Department of Public Aid to 34 the clerk of the court that a person who is receiving support HB0708 Engrossed -926- LRB9203186EGfg 1 payments under this Section is receiving services under the 2 Child Support Enforcement Program established by Title IV-D 3 of the Social Security Act, any support payments subsequently 4 received by the clerk of the court shall be transmitted in 5 accordance with the instructions of the Illinois Department 6 of Public Aid until the Department gives notice to the clerk 7 of the court to cease the transmittal. After providing the 8 notification authorized under this paragraph, the Illinois 9 Department of Public Aid shall be entitled as a party to 10 notice of any further proceedings in the case. The clerk of 11 the court shall file a copy of the Illinois Department of 12 Public Aid's notification in the court file. The failure of 13 the clerk to file a copy of the notification in the court 14 file shall not, however, affect the Illinois Department of 15 Public Aid's right to receive notice of further proceedings. 16 Payments under this Section to the Illinois Department of 17 Public Aid pursuant to the Child Support Enforcement Program 18 established by Title IV-D of the Social Security Act shall be 19 paid into the Child Support Enforcement Trust Fund. All 20 payments under this Section to the Illinois Department of 21 Human Services shall be deposited in the DHS Recoveries Trust 22 Fund. Disbursements from these funds shall be as provided in 23 the Illinois Public Aid Code. Payments received by a local 24 governmental unit shall be deposited in that unit's General 25 Assistance Fund. 26 (e) Any order or judgment may be amended by the court, 27 upon its own motion or upon the motion of either party, to 28 conform with the provisions of Sections 709 through 712, 29 either as to the requirement of making payments to the clerk 30 or, where payments are already being made to the clerk, as to 31 the statutory fees provided for under Section 711. 32 (f) The clerk may invest in any interest bearing account 33 or in any securities, monies collected for the benefit of a 34 payee, where such payee cannot be found; however, the HB0708 Engrossed -927- LRB9203186EGfg 1 investment may be only for the period until the clerk is able 2 to locate and present the payee with such monies. The clerk 3 may invest in any interest bearing account, or in any 4 securities, monies collected for the benefit of any other 5 payee; however, this does not alter the clerk's obligation to 6 make payments to the payee in a timely manner. Any interest 7 or capital gains accrued shall be for the benefit of the 8 county and shall be paid into the special fund established in 9 subsection (b) of Section 711. 10 (g) The clerk shall establish and maintain a payment 11 record of all monies received and disbursed and such record 12 shall constitute prima facie evidence of such payment and 13 non-payment, as the case may be. 14 (h) 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 (i) To the extent the provisions of this Section are 33 inconsistent with the requirements pertaining to the State 34 Disbursement Unit under Section 507.1 of this Act and Section HB0708 Engrossed -928- LRB9203186EGfg 1 10-26 of the Illinois Public Aid Code, the requirements 2 pertaining to the State Disbursement Unit shall apply. 3 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 4 revised 9-28-99.) 5 (750 ILCS 5/713) (from Ch. 40, par. 713) 6 Sec. 713. Attachment of the Body. As used in this 7 Section, "obligor" has the same meaning ascribed to such term 8 in the Income Withholding for Support Act. 9 (a) In any proceeding to enforce an order for support, 10 where the obligor has failed to appear in court pursuant to 11 order of court and after due notice thereof, the court may 12 enter an order for the attachment of the body of the obligor. 13 Notices under this Section shall be served upon the obligor 14 by any means authorized under subsection (a-5) of Section 15 505. The attachment order shall fix an amount of escrow 16 which is equal to a minimum of 20% of the total child support 17 arrearage alleged by the obligee in sworn testimony to be due 18 and owing. The attachment order shall direct the Sheriff of 19 any county in Illinois to take the obligor into custody and 20 shall set the number of days following release from custody 21 for a hearing to be held at which the obligor must appear, if 22 he is released under subsection (b)(c)of this Section. 23 (b) If the obligor is taken into custody, the Sheriff 24 shall take the obligor before the court which entered the 25 attachment order. However, the Sheriff may release the 26 person after he or she has deposited the amount of escrow 27 ordered by the court pursuant to local procedures for the 28 posting of bond. The Sheriff shall advise the obligor of the 29 hearing date at which the obligor is required to appear. 30 (c) Any escrow deposited pursuant to this Section shall 31 be transmitted to the Clerk of the Circuit Court for the 32 county in which the order for attachment of the body of the 33 obligor was entered. Any Clerk who receives money deposited HB0708 Engrossed -929- LRB9203186EGfg 1 into escrow pursuant to this Section shall notify the 2 obligee, public office or legal counsel whose name appears on 3 the attachment order of the court date at which the obligor 4 is required to appear and the amount deposited into escrow. 5 The Clerk shall disburse such money to the obligee only under 6 an order from the court that entered the attachment order 7 pursuant to this Section. 8 (d) Whenever an obligor is taken before the court by the 9 Sheriff, or appears in court after the court has ordered the 10 attachment of his body, the court shall: 11 (1) hold a hearing on the complaint or petition 12 that gave rise to the attachment order. For purposes of 13 determining arrearages that are due and owing by the 14 obligor, the court shall accept the previous sworn 15 testimony of the obligee as true and the appearance of 16 the obligee shall not be required. The court shall 17 require sworn testimony of the obligor as to his or her 18 Social Security number, income, employment, bank 19 accounts, property and any other assets. If there is a 20 dispute as to the total amount of arrearages, the court 21 shall proceed as in any other case as to the undisputed 22 amounts; and 23 (2) order the Clerk of the Circuit Court to 24 disburse to the obligee or public office money held in 25 escrow pursuant to this Section if the court finds that 26 the amount of arrearages exceeds the amount of the 27 escrow. Amounts received by the obligee or public office 28 shall be deducted from the amount of the arrearages. 29 (e) If the obligor fails to appear in court after being 30 notified of the court date by the Sheriff upon release from 31 custody, the court shall order any monies deposited into 32 escrow to be immediately released to the obligee or public 33 office and shall proceed under subsection (a) of this Section 34 by entering another order for the attachment of the body of HB0708 Engrossed -930- LRB9203186EGfg 1 the obligor. 2 (f) This Section shall apply to any order for support 3 issued under the "Illinois Marriage and Dissolution of 4 Marriage Act", approved September 22, 1977, as amended; the 5 "Illinois Parentage Act of 1984", effective July 1, 1985, as 6 amended; the "Revised Uniform Reciprocal Enforcement of 7 Support Act", approved August 28, 1969, as amended; "The 8 Illinois Public Aid Code", approved April 11, 1967, as 9 amended; the Non-Support Punishment Act; and the "Non-support 10 of Spouse and Children Act", approved June 8, 1953, as 11 amended. 12 (g) Any escrow established pursuant to this Section for 13 the purpose of providing support shall not be subject to fees 14 collected by the Clerk of the Circuit Court for any other 15 escrow. 16 (Source: P.A. 90-673, eff. 1-1-99; 91-113, eff. 7-15-99; 17 91-613, eff. 10-1-99; revised 10-7-99.) 18 Section 97. The Non-Support Punishment Act is amended by 19 adding Section 23 (incorporating provisions from P.A. 91-397) 20 and changing Section 60 as follows: 21 (750 ILCS 16/23 new) 22 Sec. 23. Interest on support obligations. A support 23 obligation, or any portion of a support obligation, which 24 becomes due and remains unpaid for 30 days or more shall 25 accrue interest at the rate of 9% per annum. 26 (Source: Incorporates P.A. 91-397, eff. 1-1-00; revised 27 10-1-99.) 28 (750 ILCS 16/60) 29 Sec. 60. Unemployed persons owing duty of support. 30 (a) Whenever it is determined in a proceeding to 31 establish or enforce a child support or maintenance HB0708 Engrossed -931- LRB9203186EGfg 1 obligation that the person owing a duty of support is 2 unemployed, the court may order the person to seek employment 3 and report periodically to the court with a diary, listing or 4 other memorandum of his or her efforts in accordance with 5 such order. Additionally, the court may order the unemployed 6 person to report to the Department of Employment Security for 7 job search services or to make application with the local Job 8JobsTraining Partnership Act provider for participation in 9 job search, training, or work programs and where the duty of 10 support is owed to a child receiving support services under 11 Article X of the Illinois Public Aid Code the court may order 12 the unemployed person to report to the Illinois Department of 13 Public Aid for participation in job search, training, or work 14 programs established under Section 9-6 and Article IXA of 15 that Code. 16 (b) Whenever it is determined that a person owes past 17 due support for a child or for a child and the parent with 18 whom the child is living, and the child is receiving 19 assistance under the Illinois Public Aid Code, the court 20 shall order at the request of the Illinois Department of 21 Public Aid: 22 (1) that the person pay the past-due support in 23 accordance with a plan approved by the court; or 24 (2) if the person owing past-due support is 25 unemployed, is subject to such a plan, and is not 26 incapacitated, that the person participate in such job 27 search, training, or work programs established under 28 Section 9-6 and Article IXA of the Illinois Public Aid 29 Code as the court deems appropriate. 30 (Source: P.A. 91-613, eff. 10-1-99; revised 10-1-99.) 31 Section 97.4. The Expedited Child Support Act of 1990 is 32 amended by changing Section 6 as follows: HB0708 Engrossed -932- LRB9203186EGfg 1 (750 ILCS 25/6) (from Ch. 40, par. 2706) 2 Sec. 6. Authority of hearing officers. 3 (a) With the exception of judicial functions exclusively 4 retained by the court in Section 8 of this Act and in 5 accordance with Supreme Court rules promulgated pursuant to 6 this Act, Administrative Hearing Officers shall be authorized 7 to: 8 (1) Accept voluntary agreements reached by the 9 parties setting the amount of child support to be paid 10 and medical support liability and recommend the entry of 11 orders incorporating such agreements. 12 (2) Accept voluntary acknowledgments of parentage 13 and recommend entry of an order establishing parentage 14 based on such acknowledgement. Prior to accepting such 15 acknowledgment, the Administrative Hearing Officer shall 16 advise the putative father of his rights and obligations 17 in accordance with Supreme Court rules promulgated 18 pursuant to this Act. 19 (3) Manage all stages of discovery, including 20 setting deadlines by which discovery must be completed; 21 and directing the parties to submit to appropriate tests 22 pursuant to Section 11 of the Illinois Parentage Act of 23 1984. 24 (4) Cause notices to be issued requiring the 25 Obligor to appear either before the Administrative 26 Hearing Officer or in court. 27 (5) Administer the oath or affirmation and take 28 testimony under oath or affirmation. 29 (6) Analyze the evidence and prepare written 30 recommendations based on such evidence, including but not 31 limited to: (i) proposed findings as to the amount of the 32 Obligor's income; (ii) proposed findings as to the amount 33 and nature of appropriate deductions from the Obligor's 34 income to determine the Obligor's net income; (iii) HB0708 Engrossed -933- LRB9203186EGfg 1 proposed findings as to the existence of relevant factors 2 as set forth in subsection (a)(2) of Section 505 of the 3 Illinois Marriage and Dissolution of Marriage Act, which 4 justify setting child support payment levels above or 5 below the guidelines; (iv) recommended orders for 6 temporary child support; (v) recommended orders setting 7 the amount of current child support to be paid; (vi) 8 proposed findings as to the existence and amount of any 9 arrearages; (vii) recommended orders reducing any 10 arrearages to judgement and for the payment of amounts 11 towards such arrearages; (viii) proposed findings as to 12 whether there has been a substantial change of 13 circumstances since the entry of the last child support 14 order, or other circumstances justifying a modification 15 of the child support order; and (ix) proposed findings as 16 to whether the Obligor is employed. 17 (7) With respect to any unemployed Obligor who is 18 not making child support payments or is otherwise unable 19 to provide support, recommend that the Obligor be ordered 20 to seek employment and report periodically of his or her 21 efforts in accordance with such order. Additionally, the 22 Administrative Hearing Officer may recommend that the 23 Obligor be ordered to report to the Department of 24 Employment Security for job search services or to make 25 application with the local JobJobsTraining 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 Article X of the 29 Illinois Public Aid Code, the Administrative Hearing 30 Officer may recommend that the Obligor be ordered to 31 report to the Illinois Department of Public Aid for 32 participation in the job search, training or work 33 programs established under Section 9-6 of the Public Aid 34 Code.; andHB0708 Engrossed -934- LRB9203186EGfg 1 (8) Recommend the registration of any foreign 2 support judgments or orders as the judgments or orders of 3 Illinois. 4 (b) In any case in which the Obligee is not 5 participating in the IV-D program or has not applied to 6 participate in the IV-D program, the Administrative Hearing 7 Officer shall: 8 (1) inform the Obligee of the existence of the IV-D 9 program and provide applications on request; and 10 (2) inform the Obligee and the Obligor of the 11 option of requesting payment to be made through the Clerk 12 of the Circuit Court. 13 If a request for payment through the Clerk is made, the 14 Administrative Hearing Officer shall note this fact in the 15 recommendations to the court. 16 (c) The Administrative Hearing Officer may make 17 recommendations in addition to the proposed findings of fact 18 and recommended order to which the parties have agreed. 19 (Source: P.A. 86-1401; revised 2-23-00.) 20 Section 98. The Illinois Parentage Act of 1984 is 21 amended by changing Sections 6, 15, and 21 as follows: 22 (750 ILCS 45/6) (from Ch. 40, par. 2506) 23 Sec. 6. Establishment of Parent and Child Relationship 24 by Consent of the Parties. 25 (a) A parent and child relationship may be established 26 voluntarily by the signing and witnessing of a voluntary 27 acknowledgment of parentage in accordance with Section 12 of 28 the Vital Records Act or Section 10-17.7 of the Illinois 29 Public Aid Code. The voluntary acknowledgment of parentage 30 shall contain the social security numbers of the persons 31 signing the voluntary acknowledgment of parentage; however, 32 failure to include the social security numbers of the persons HB0708 Engrossed -935- LRB9203186EGfg 1 signing a voluntary acknowledgment of parentage does not 2 invalidate the voluntary acknowledgment of parentage. 3 (1) A parent-child relationship may be established 4 in the event of surrogacy if all of the following 5 conditions are met prior to the birth of the child: 6 (A) The surrogate mother certifies that she is 7 not the biological mother of the child, and that she 8 is carrying the child of the biological father 9 (sperm donor) and of the biological mother (egg 10 donor). 11 (B) The husband, if any, of the surrogate 12 mother certifies that he is not the biological 13 father of the child and that the child is that of 14 the biological father (sperm donor) and of the 15 biological mother (egg donor). 16 (C) The biological mother certifies that she 17 donated the egg from which the child being carried 18 by the surrogate mother was conceived. 19 (D) The biological father certifies that he 20 donated the sperm from which the child being carried 21 by the surrogate mother was conceived. 22 (E) A physician licensed to practice medicine 23 in all its branches in the State of Illinois 24 certifies that the child being carried by the 25 surrogate mother is the biological child of the 26 biological mother (egg donor) and biological father 27 (sperm donor), and that neither the surrogate mother 28 nor the surrogate mother's husband, if any, is a 29 biological parent of the child being carried by the 30 surrogate mother. 31 (F) All certifications shall be in writing and 32 witnessed by 2 competent adults who are not the 33 surrogate mother, surrogate mother's husband, if 34 any, biological mother, or biological father. HB0708 Engrossed -936- LRB9203186EGfg 1 Certifications shall be on forms prescribed by the 2 Illinois Department of Public Health, shall be 3 executed prior to the birth of the child, and shall 4 be placed in the medical records of the surrogate 5 mother prior to the birth of the child. Copies of 6 all certifications shall be delivered to the 7 Illinois Department of Public Health prior to the 8 birth of the child. 9 (2) Unless otherwise determined by order of the 10 Circuit Court, the child shall be presumed to be the 11 child of the surrogate mother and of the surrogate 12 mother's husband, if any, if all requirements of 13 subdivision (a)(1) are not met prior to the birth of the 14 child. This presumption may be rebutted by clear and 15 convincing evidence. The circuit court may order the 16 surrogate mother, surrogate mother's husband, biological 17 mother, biological father, and child to submit to such 18 medical examinations and testing as the court deems 19 appropriate. 20 (b) Notwithstanding any other provisions of this Act, 21 paternity established in accordance with subsection (a) has 22 the full force and effect of a judgment entered under this 23 Act and serves as a basis for seeking a child support order 24 without any further proceedings to establish paternity. 25 (c) A judicial or administrative proceeding to ratify 26 paternity established in accordance with subsection (a) is 27 neither required nor permitted. 28 (d) A signed acknowledgment of paternity entered under 29 this Act may be challenged in court only on the basis of 30 fraud, duress, or material mistake of fact, with the burden 31 of proof upon the challenging party. Pending outcome of the 32 challenge to the acknowledgment of paternity, the legal 33 responsibilities of the signatories shall remain in full 34 force and effect, except upon order of the court upon a HB0708 Engrossed -937- LRB9203186EGfg 1 showing of good cause. 2 (e) Once a parent and child relationship is established 3 in accordance with subsection (a), an order for support may 4 be established pursuant to a petition to establish an order 5 for support by consent filed with the clerk of the circuit 6 court. A copy of the properly completed acknowledgment of 7 parentage form shall be attached to the petition. The 8 petition shall ask that the circuit court enter an order for 9 support. The petition may ask that an order for visitation, 10 custody, or guardianship be entered. The filing and 11 appearance fees provided under the Clerks of Courts Act shall 12 be waived for all cases in which an acknowledgment of 13 parentage form has been properly completed by the parties and 14 in which a petition to establish an order for support by 15 consent has been filed with the clerk of the circuit court. 16 This subsection shall not be construed to prohibit filing any 17 petition for child support, visitation, or custody under this 18 Act, the Illinois Marriage and Dissolution of Marriage Act, 19 or the Non-Support Punishment Act. This subsection shall 20 also not be construed to prevent the establishment of an 21 administrative support order in cases involving persons 22 receiving child support enforcement services under Article X 23 of the Illinois Public Aid Code. 24 (Source: P.A. 90-18, eff. 7-1-97; 91-308, eff. 7-29-99; 25 91-613, eff. 10-1-99; revised 9-28-99.) 26 (750 ILCS 45/15) (from Ch. 40, par. 2515) 27 Sec. 15. Enforcement of Judgment or Order. 28 (a) If existence of the parent and child relationship is 29 declared, or paternity or duty of support has been 30 established under this Act or under prior law or under the 31 law of any other jurisdiction, the judgment rendered 32 thereunder may be enforced in the same or other proceedings 33 by any party or any person or agency that has furnished or HB0708 Engrossed -938- LRB9203186EGfg 1 may furnish financial assistance or services to the child. 2 The Income Withholding for Support Act and Sections 14 and 16 3 of this Act shall also be applicable with respect to entry, 4 modification and enforcement of any support judgment entered 5 under provisions of the "Paternity Act", approved July 5, 6 1957, as amended, repealed July 1, 1985. 7 (b) Failure to comply with any order of the court shall 8 be punishable as contempt as in other cases of failure to 9 comply under the "Illinois Marriage and Dissolution of 10 Marriage Act", as now or hereafter amended. In addition to 11 other penalties provided by law, the court may, after finding 12 the party guilty of contempt, order that the party be: 13 (1) Placed on probation with such conditions of 14 probation as the court deems advisable; 15 (2) Sentenced to periodic imprisonment for a period 16 not to exceed 6 months. However, the court may permit 17 the party to be released for periods of time during the 18 day or night to work or conduct business or other 19 self-employed occupation. The court may further order 20 any part of all the earnings of a party during a sentence 21 of periodic imprisonment to be paid to the Clerk of the 22 Circuit Court or to the person or parent having custody 23 of the minor child for the support of said child until 24 further order of the court. 25 (2.5) The court may also pierce the ownership veil 26 of a person, persons, or business entity to discover 27 assets of a non-custodial parent held in the name of that 28 person, those persons, or that business entity if there 29 is a unity of interest and ownership sufficient to render 30 no financial separation between the non-custodial parent 31 and that person, those persons, or the business entity. 32 The following circumstances are sufficient for a court to 33 order discovery of the assets of a person, persons, or 34 business entity and to compel the application of any HB0708 Engrossed -939- LRB9203186EGfg 1 discovered assets toward payment on the judgment for 2 support: 3 (A) the non-custodial parent and the person, 4 persons, or business entity maintain records 5 together. 6 (B) the non-custodial parent and the person, 7 persons, or business entity fail to maintain an arms 8 length relationship between themselves with regard 9 to any assets. 10 (C) the non-custodial parent transfers assets 11 to the person, persons, or business entity with the 12 intent to perpetrate a fraud on the custodial 13 parent. 14 With respect to assets which are real property, no 15 order entered under this subdivision (2.5) shall affect 16 the rights of bona fide purchasers, mortgagees, judgment 17 creditors, or other lien holders who acquire their 18 interests in the property prior to the time a notice of 19 lis pendens pursuant to the Code of Civil Procedure or a 20 copy of the order is placed of record in the office of 21 the recorder of deeds for the county in which the real 22 property is located. 23 (3) The court may also order that in cases where 24 the party is 90 days or more delinquent in payment of 25 support or has been adjudicated in arrears in an amount 26 equal to 90 days obligation or more, that the party's 27 Illinois driving privileges be suspended until the court 28 determines that the party is in compliance with the 29 judgement or duty of support. The court may also order 30 that the parent be issued a family financial 31 responsibility driving permit that would allow limited 32 driving privileges for employment and medical purposes in 33 accordance with Section 7-702.1 of the Illinois Vehicle 34 Code. The clerk of the circuit court shall certify the HB0708 Engrossed -940- LRB9203186EGfg 1 order suspending the driving privileges of the parent or 2 granting the issuance of a family financial 3 responsibility driving permit to the Secretary of State 4 on forms prescribed by the Secretary. Upon receipt of the 5 authenticated documents, the Secretary of State shall 6 suspend the party's driving privileges until further 7 order of the court and shall, if ordered by the court, 8 subject to the provisions of Section 7-702.1 of the 9 Illinois Vehicle Code, issue a family financial 10 responsibility driving permit to the parent. 11 In addition to the penalties or punishment that may be 12 imposed under this Section, any person whose conduct 13 constitutes a violation of Section 151of the Non-Support 14 Punishmentof Spouse and ChildrenAct may be prosecuted under 15 that ActSection, and a person convicted under that Act 16Sectionmay be sentenced in accordance with that ActSection. 17 The sentence may include but need not be limited to a 18 requirement that the person perform community service under 19 Section 50subsection (b)of that ActSectionor participate 20 in a work alternative program under Section 50subsection (c)21 of that ActSection. A person may not be required to 22 participate in a work alternative program under Section 50 23subsection (c)of that ActSectionif the person is currently 24 participating in a work program pursuant to Section 15.1 of 25 this Act. 26 (c) In any post-judgment proceeding to enforce or modify 27 the judgment the parties shall continue to be designated as 28 in the original proceeding. 29 (Source: P.A. 90-476, eff. 1-1-98; 90-673, eff. 1-1-99; 30 90-733, eff. 8-11-98; 91-357, eff. 7-29-99; revised 31 10-13-99.) 32 (750 ILCS 45/21) (from Ch. 40, par. 2521) 33 Sec. 21. Support payments; receiving and disbursing HB0708 Engrossed -941- LRB9203186EGfg 1 agents. 2 (1) In an action filed in a county of less than 3 3 million population in which an order for child support is 4 entered, and in supplementary proceedings in such a county to 5 enforce or vary the terms of such order arising out of an 6 action filed in such a county, the court, except in actions 7 or supplementary proceedings in which the pregnancy and 8 delivery expenses of the mother or the child support payments 9 are for a recipient of aid under the Illinois Public Aid 10 Code, shall direct that child support payments be made to the 11 clerk of the court unless in the discretion of the court 12 exceptional circumstances warrant otherwise. In cases where 13 payment is to be made to persons other than the clerk of the 14 court the judgment or order of support shall set forth the 15 facts of the exceptional circumstances. 16 (2) In an action filed in a county of 3 million or more 17 population in which an order for child support is entered, 18 and in supplementary proceedings in such a county to enforce 19 or vary the terms of such order arising out of an action 20 filed in such a county, the court, except in actions or 21 supplementary proceedings in which the pregnancy and delivery 22 expenses of the mother or the child support payments are for 23 a recipient of aid under the Illinois Public Aid Code, shall 24 direct that child support payments be made either to the 25 clerk of the court or to the Court Service Division of the 26 County Department of Public Aid, or to the clerk of the court 27 or to the Illinois Department of Public Aid, unless in the 28 discretion of the court exceptional circumstances warrant 29 otherwise. In cases where payment is to be made to persons 30 other than the clerk of the court, the Court Service Division 31 of the County Department of Public Aid, or the Illinois 32 Department of Public Aid, the judgment or order of support 33 shall set forth the facts of the exceptional circumstances. 34 (3) Where the action or supplementary proceeding is in HB0708 Engrossed -942- LRB9203186EGfg 1 behalf of a mother for pregnancy and delivery expenses or for 2 child support, or both, and the mother, child, or both, are 3 recipients of aid under the Illinois Public Aid Code, the 4 court shall order that the payments be made directly to (a) 5 the Illinois Department of Public Aid if the mother or child, 6 or both, are recipients under Articles IV or V of the Code, 7 or (b) the local governmental unit responsible for the 8 support of the mother or child, or both, if they are 9 recipients under Articles VI or VII of the Code. In 10 accordance with federal law and regulations, the Illinois 11 Department of Public Aid may continue to collect current 12 maintenance payments or child support payments, or both, 13 after those persons cease to receive public assistance and 14 until termination of services under Article X of the Illinois 15 Public Aid Code. The Illinois Department of Public Aid shall 16 pay the net amount collected to those persons after deducting 17 any costs incurred in making the collection or any collection 18 fee from the amount of any recovery made. The Illinois 19 Department of Public Aid or the local governmental unit, as 20 the case may be, may direct that payments be made directly to 21 the mother of the child, or to some other person or agency in 22 the child's behalf, upon the removal of the mother and child 23 from the public aid rolls or upon termination of services 24 under Article X of the Illinois Public Aid Code; and upon 25 such direction, the Illinois Department or the local 26 governmental unit, as the case requires, shall give notice of 27 such action to the court in writing or by electronic 28 transmission. 29 (4) All clerks of the court and the Court Service 30 Division of a County Department of Public Aid and the 31 Illinois Department of Public Aid, receiving child support 32 payments under paragraphs (1) or (2) shall disburse the same 33 to the person or persons entitled thereto under the terms of 34 the order. They shall establish and maintain clear and HB0708 Engrossed -943- LRB9203186EGfg 1 current records of all moneys received and disbursed and of 2 defaults and delinquencies in required payments. The court, 3 by order or rule, shall make provision for the carrying out 4 of these duties. 5 Upon notification in writing or by electronic 6 transmission from the Illinois Department of Public Aid to 7 the clerk of the court that a person who is receiving support 8 payments under this Section is receiving services under the 9 Child Support Enforcement Program established by Title IV-D 10 of the Social Security Act, any support payments subsequently 11 received by the clerk of the court shall be transmitted in 12 accordance with the instructions of the Illinois Department 13 of Public Aid until the Department gives notice to cease the 14 transmittal. After providing the notification authorized 15 under this paragraph, the Illinois Department of Public Aid 16 shall be entitled as a party to notice of any further 17 proceedings in the case. The clerk of the court shall file a 18 copy of the Illinois Department of Public Aid's notification 19 in the court file. The failure of the clerk to file a copy 20 of the notification in the court file shall not, however, 21 affect the Illinois Department of Public Aid's right to 22 receive notice of further proceedings. 23 Payments under this Section to the Illinois Department of 24 Public Aid pursuant to the Child Support Enforcement Program 25 established by Title IV-D of the Social Security Act shall be 26 paid into the Child Support Enforcement Trust Fund. All 27 payments under this Section to the Illinois Department of 28 Human Services shall be deposited in the DHS Recoveries Trust 29 Fund. Disbursement from these funds shall be as provided in 30 the Illinois Public Aid Code. Payments received by a local 31 governmental unit shall be deposited in that unit's General 32 Assistance Fund. 33 (5) The moneys received by persons or agencies 34 designated by the court shall be disbursed by them in HB0708 Engrossed -944- LRB9203186EGfg 1 accordance with the order. However, the court, on petition 2 of the state's attorney, may enter new orders designating the 3 clerk of the court or the Illinois Department of Public Aid, 4 as the person or agency authorized to receive and disburse 5 child support payments and, in the case of recipients of 6 public aid, the court, on petition of the Attorney General or 7 State's Attorney, shall direct subsequent payments to be paid 8 to the Illinois Department of Public Aid or to the 9 appropriate local governmental unit, as provided in paragraph 10 (3). Payments of child support by principals or sureties on 11 bonds, or proceeds of any sale for the enforcement of a 12 judgment shall be made to the clerk of the court, the 13 Illinois Department of Public Aid or the appropriate local 14 governmental unit, as the respective provisions of this 15 Section require. 16 (6) For those cases in which child support is payable to 17 the clerk of the circuit court for transmittal to the 18 Illinois Department of Public Aid by order of court or upon 19 notification by the Illinois Department of Public Aid, the 20 clerk shall transmit all such payments, within 4 working days 21 of receipt, to insure that funds are available for immediate 22 distribution by the Department to the person or entity 23 entitled thereto in accordance with standards of the Child 24 Support Enforcement Program established under Title IV-D of 25 the Social Security Act. The clerk shall notify the 26 Department of the date of receipt and amount thereof at the 27 time of transmittal. Where the clerk has entered into an 28 agreement of cooperation with the Department to record the 29 terms of child support orders and payments made thereunder 30 directly into the Department's automated data processing 31 system, the clerk shall account for, transmit and otherwise 32 distribute child support payments in accordance with such 33 agreement in lieu of the requirements contained herein. 34 (7) To the extent the provisions of this Section are HB0708 Engrossed -945- LRB9203186EGfg 1 inconsistent with the requirements pertaining to the State 2 Disbursement Unit under Section 21.1 of this Act and Section 3 10-26 of the Illinois Public Aid Code, the requirements 4 pertaining to the State Disbursement Unit shall apply. 5 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 6 90-790, eff. 8-14-98; 91-24, eff. 7-1-99; 91-212, eff. 7 7-20-99; 91-357, eff. 7-29-99; revised 9-1-99.) 8 Section 99. The Adoption Act is amended by changing 9 Sections 1 and 18.1 as follows: 10 (750 ILCS 50/1) (from Ch. 40, par. 1501) 11 Sec. 1. Definitions. When used in this Act, unless the 12 context otherwise requires: 13 A. "Child" means a person under legal age subject to 14 adoption under this Act. 15 B. "Related child" means a child subject to adoption 16 where either or both of the adopting parents stands in any of 17 the following relationships to the child by blood or 18 marriage: parent, grand-parent, brother, sister, step-parent, 19 step-grandparent, step-brother, step-sister, uncle, aunt, 20 great-uncle, great-aunt, or cousin of first degree. A child 21 whose parent has executed a final irrevocable consent to 22 adoption or a final irrevocable surrender for purposes of 23 adoption, or whose parent has had his or her parental rights 24 terminated, is not a related child to that person, unless the 25 consent is determined to be void or is void pursuant to 26 subsection O of Section 10. 27 C. "Agency" for the purpose of this Act means a public 28 child welfare agency or a licensed child welfare agency. 29 D. "Unfit person" means any person whom the court shall 30 find to be unfit to have a child, without regard to the 31 likelihood that the child will be placed for adoption. The 32 grounds of unfitness are any one or more of the following: HB0708 Engrossed -946- LRB9203186EGfg 1 (a) Abandonment of the child. 2 (a-1) Abandonment of a newborn infant in a 3 hospital. 4 (a-2) Abandonment of a newborn infant in any 5 setting where the evidence suggests that the parent 6 intended to relinquish his or her parental rights. 7 (b) Failure to maintain a reasonable degree of 8 interest, concern or responsibility as to the child's 9 welfare. 10 (c) Desertion of the child for more than 3 months 11 next preceding the commencement of the Adoption 12 proceeding. 13 (d) Substantial neglect of the child if continuous 14 or repeated. 15 (d-1) Substantial neglect, if continuous or 16 repeated, of any child residing in the household which 17 resulted in the death of that child. 18 (e) Extreme or repeated cruelty to the child. 19 (f) Two or more findings of physical abuse to any 20 children under Section 4-8 of the Juvenile Court Act or 21 Section 2-21 of the Juvenile Court Act of 1987, the most 22 recent of which was determined by the juvenile court 23 hearing the matter to be supported by clear and 24 convincing evidence; a criminal conviction or a finding 25 of not guilty by reason of insanity resulting from the 26 death of any child by physical child abuse; or a finding 27 of physical child abuse resulting from the death of any 28 child under Section 4-8 of the Juvenile Court Act or 29 Section 2-21 of the Juvenile Court Act of 1987. 30 (g) Failure to protect the child from conditions 31 within his environment injurious to the child's welfare. 32 (h) Other neglect of, or misconduct toward the 33 child; provided that in making a finding of unfitness the 34 court hearing the adoption proceeding shall not be bound HB0708 Engrossed -947- LRB9203186EGfg 1 by any previous finding, order or judgment affecting or 2 determining the rights of the parents toward the child 3 sought to be adopted in any other proceeding except such 4 proceedings terminating parental rights as shall be had 5 under either this Act, the Juvenile Court Act or the 6 Juvenile Court Act of 1987. 7 (i) Depravity. Conviction of any one of the 8 following crimes shall create a presumption that a parent 9 is depraved which can be overcome only by clear and 10 convincing evidence: (1) first degree murder in violation 11 of paragraph 1 or 2 of subsection (a) of Section 9-1 of 12 the Criminal Code of 1961 or conviction of second degree 13 murder in violation of subsection (a) of Section 9-2 of 14 the Criminal Code of 1961 of a parent of the child to be 15 adopted; (2) first degree murder or second degree murder 16 of any child in violation of the Criminal Code of 1961; 17 (3) attempt or conspiracy to commit first degree murder 18 or second degree murder of any child in violation of the 19 Criminal Code of 1961; (4) solicitation to commit murder 20 of any child, solicitation to commit murder of any child 21 for hire, or solicitation to commit second degree murder 22 of any child in violation of the Criminal Code of 1961; 23 or (5) aggravated criminal sexual assault in violation of 24 Section 12-14(b)(1) of the Criminal Code of 1961. 25 There is a rebuttable presumption that a parent is 26 depraved if the parent has been criminally convicted of 27 at least 3 felonies under the laws of this State or any 28 other state, or under federal law, or the criminal laws 29 of any United States territory; and at least one of these 30 convictions took place within 5 years of the filing of 31 the petition or motion seeking termination of parental 32 rights. 33 There is a rebuttable presumption that a parent is 34 depraved if that parent has been criminally convicted of HB0708 Engrossed -948- LRB9203186EGfg 1 either first or second degree murder of any person as 2 defined in the Criminal Code of 1961 within 10 years of 3 the filing date of the petition or motion to terminate 4 parental rights. 5 (j) Open and notorious adultery or fornication. 6 (j-1) (Blank). 7 (k) Habitual drunkenness or addiction to drugs, 8 other than those prescribed by a physician, for at least 9 one year immediately prior to the commencement of the 10 unfitness proceeding. 11 There is a rebuttable presumption that a parent is 12 unfit under this subsection with respect to any child to 13 which that parent gives birth where there is a confirmed 14 test result that at birth the child's blood, urine, or 15 meconium contained any amount of a controlled substance 16 as defined in subsection (f) of Section 102 of the 17 Illinois Controlled Substances Act or metabolites of such 18 substances, the presence of which in the newborn infant 19 was not the result of medical treatment administered to 20 the mother or the newborn infant; and the biological 21 mother of this child is the biological mother of at least 22 one other child who was adjudicated a neglected minor 23 under subsection (c) of Section 2-3 of the Juvenile Court 24 Act of 1987. 25 (l) Failure to demonstrate a reasonable degree of 26 interest, concern or responsibility as to the welfare of 27 a new born child during the first 30 days after its 28 birth. 29 (m) Failure by a parent (i) to make reasonable 30 efforts to correct the conditions that were the basis for 31 the removal of the child from the parent, or (ii) to make 32 reasonable progress toward the return of the child to the 33 parent within 9 months after an adjudication of neglected 34 or abused minor under Section 2-3 of the Juvenile Court HB0708 Engrossed -949- LRB9203186EGfg 1 Act of 1987 or dependent minor under Section 2-4 of that 2 Act, or (iii) to make reasonable progress toward the 3 return of the child to the parent during any 9-month 4 period after the end of the initial 9-month period 5 following the adjudication of neglected or abused minor 6 under Section 2-3 of the Juvenile Court Act of 1987 or 7 dependent minor under Section 2-4 of that Act. If a 8 service plan has been established as required under 9 Section 8.2 of the Abused and Neglected Child Reporting 10 Act to correct the conditions that were the basis for the 11 removal of the child from the parent and if those 12 services were available, then, for purposes of this Act, 13 "failure to make reasonable progress toward the return of 14 the child to the parent" includes (I) the parent's 15 failure to substantially fulfill his or her obligations 16 under the service plan and correct the conditions that 17 brought the child into care within 9 months after the 18 adjudication under Section 2-3 or 2-4 of the Juvenile 19 Court Act of 1987 and (II) the parent's failure to 20 substantially fulfill his or her obligations under the 21 service plan and correct the conditions that brought the 22 child into care during any 9-month period after the end 23 of the initial 9-month period following the adjudication 24 under Section 2-3 or 2-4 of the Juvenile Court Act of 25 1987. 26 (m-1) Pursuant to the Juvenile Court Act of 1987, a 27 child has been in foster care for 15 months out of any 22 28 month period which begins on or after the effective date 29 of this amendatory Act of 1998 unless the child's parent 30 can prove by a preponderance of the evidence that it is 31 more likely than not that it will be in the best 32 interests of the child to be returned to the parent 33 within 6 months of the date on which a petition for 34 termination of parental rights is filed under the HB0708 Engrossed -950- LRB9203186EGfg 1 Juvenile Court Act of 1987. The 15 month time limit is 2 tolled during any period for which there is a court 3 finding that the appointed custodian or guardian failed 4 to make reasonable efforts to reunify the child with his 5 or her family, provided that (i) the finding of no 6 reasonable efforts is made within 60 days of the period 7 when reasonable efforts were not made or (ii) the parent 8 filed a motion requesting a finding of no reasonable 9 efforts within 60 days of the period when reasonable 10 efforts were not made. For purposes of this subdivision 11 (m-1), the date of entering foster care is the earlier 12 of: (i) the date of a judicial finding at an adjudicatory 13 hearing that the child is an abused, neglected, or 14 dependent minor; or (ii) 60 days after the date on which 15 the child is removed from his or her parent, guardian, or 16 legal custodian. 17 (n) Evidence of intent to forgo his or her parental 18 rights, whether or not the child is a ward of the court, 19 (1) as manifested by his or her failure for a period of 20 12 months: (i) to visit the child, (ii) to communicate 21 with the child or agency, although able to do so and not 22 prevented from doing so by an agency or by court order, 23 or (iii) to maintain contact with or plan for the future 24 of the child, although physically able to do so, or (2) 25 as manifested by the father's failure, where he and the 26 mother of the child were unmarried to each other at the 27 time of the child's birth, (i) to commence legal 28 proceedings to establish his paternity under the Illinois 29 Parentage Act of 1984 or the law of the jurisdiction of 30 the child's birth within 30 days of being informed, 31 pursuant to Section 12a of this Act, that he is the 32 father or the likely father of the child or, after being 33 so informed where the child is not yet born, within 30 34 days of the child's birth, or (ii) to make a good faith HB0708 Engrossed -951- LRB9203186EGfg 1 effort to pay a reasonable amount of the expenses related 2 to the birth of the child and to provide a reasonable 3 amount for the financial support of the child, the court 4 to consider in its determination all relevant 5 circumstances, including the financial condition of both 6 parents; provided that the ground for termination 7 provided in this subparagraph (n)(2)(ii) shall only be 8 available where the petition is brought by the mother or 9 the husband of the mother. 10 Contact or communication by a parent with his or her 11 child that does not demonstrate affection and concern 12 does not constitute reasonable contact and planning under 13 subdivision (n). In the absence of evidence to the 14 contrary, the ability to visit, communicate, maintain 15 contact, pay expenses and plan for the future shall be 16 presumed. The subjective intent of the parent, whether 17 expressed or otherwise, unsupported by evidence of the 18 foregoing parental acts manifesting that intent, shall 19 not preclude a determination that the parent has intended 20 to forgo his or her parental rights. In making this 21 determination, the court may consider but shall not 22 require a showing of diligent efforts by an authorized 23 agency to encourage the parent to perform the acts 24 specified in subdivision (n). 25 It shall be an affirmative defense to any allegation 26 under paragraph (2) of this subsection that the father's 27 failure was due to circumstances beyond his control or to 28 impediments created by the mother or any other person 29 having legal custody. Proof of that fact need only be by 30 a preponderance of the evidence. 31 (o) Repeated or continuous failure by the parents, 32 although physically and financially able, to provide the 33 child with adequate food, clothing, or shelter. 34 (p) Inability to discharge parental HB0708 Engrossed -952- LRB9203186EGfg 1 responsibilities supported by competent evidence from a 2 psychiatrist, licensed clinical social worker, or 3 clinical psychologist of mental impairment, mental 4 illness or mental retardation as defined in Section 1-116 5 of the Mental Health and Developmental Disabilities Code, 6 or developmental disability as defined in Section 1-106 7 of that Code, and there is sufficient justification to 8 believe that the inability to discharge parental 9 responsibilities shall extend beyond a reasonable time 10 period. However, this subdivision (p) shall not be 11 construed so as to permit a licensed clinical social 12 worker to conduct any medical diagnosis to determine 13 mental illness or mental impairment. 14 (q) The parent has been criminally convicted of 15 aggravated battery, heinous battery, or attempted murder 16 of any child. 17 (r) The child is in the temporary custody or 18 guardianship of the Department of Children and Family 19 Services, the parent is incarcerated as a result of 20 criminal conviction at the time the petition or motion 21 for termination of parental rights is filed, prior to 22 incarceration the parent had little or no contact with 23 the child or provided little or no support for the child, 24 and the parent's incarceration will prevent the parent 25 from discharging his or her parental responsibilities for 26 the child for a period in excess of 2 years after the 27 filing of the petition or motion for termination of 28 parental rights. 29 (s) The child is in the temporary custody or 30 guardianship of the Department of Children and Family 31 Services, the parent is incarcerated at the time the 32 petition or motion for termination of parental rights is 33 filed, the parent has been repeatedly incarcerated as a 34 result of criminal convictions, and the parent's repeated HB0708 Engrossed -953- LRB9203186EGfg 1 incarceration has prevented the parent from discharging 2 his or her parental responsibilities for the child. 3 (t) A finding that at birth the child's blood, 4 urine, or meconium contained any amount of a controlled 5 substance as defined in subsection (f) of Section 102 of 6 the Illinois Controlled Substances Act, or a metabolite 7 of a controlled substance, with the exception of 8 controlled substances or metabolites of such substances, 9 the presence of which in the newborn infant was the 10 result of medical treatment administered to the mother or 11 the newborn infant, and that the biological mother of 12 this child is the biological mother of at least one other 13 child who was adjudicated a neglected minor under 14 subsection (c) of Section 2-3 of the Juvenile Court Act 15 of 1987, after which the biological mother had the 16 opportunity to enroll in and participate in a clinically 17 appropriate substance abuse counseling, treatment, and 18 rehabilitation program. 19 E. "Parent" means the father or mother of a legitimate 20 or illegitimate child. For the purpose of this Act, a person 21 who has executed a final and irrevocable consent to adoption 22 or a final and irrevocable surrender for purposes of 23 adoption, or whose parental rights have been terminated by a 24 court, is not a parent of the child who was the subject of 25 the consent or surrender, unless the consent is void pursuant 26 to subsection O of Section 10. 27 F. A person is available for adoption when the person 28 is: 29 (a) a child who has been surrendered for adoption 30 to an agency and to whose adoption the agency has 31 thereafter consented; 32 (b) a child to whose adoption a person authorized 33 by law, other than his parents, has consented, or to 34 whose adoption no consent is required pursuant to Section HB0708 Engrossed -954- LRB9203186EGfg 1 8 of this Act; 2 (c) a child who is in the custody of persons who 3 intend to adopt him through placement made by his 4 parents; 5 (c-1) a child for whom a parent has signed a 6 specific consent pursuant to subsection O of Section 10; 7 or 8 (d) an adult who meets the conditions set forth in 9 Section 3 of this Act. 10 A person who would otherwise be available for adoption 11 shall not be deemed unavailable for adoption solely by reason 12 of his or her death. 13 G. The singular includes the plural and the plural 14 includes the singular and the "male" includes the "female", 15 as the context of this Act may require. 16 H. "Adoption disruption" occurs when an adoptive 17 placement does not prove successful and it becomes necessary 18 for the child to be removed from placement before the 19 adoption is finalized. 20 I. "Foreign placing agency" is an agency or individual 21 operating in a country or territory outside the United States 22 that is authorized by its country to place children for 23 adoption either directly with families in the United States 24 or through United States based international agencies. 25 J. "Immediate relatives" means the biological parents, 26 the parents of the biological parents and siblings of the 27 biological parents. 28 K. "Intercountry adoption" is a process by which a child 29 from a country other than the United States is adopted. 30 L. "Intercountry Adoption Coordinator" is a staff person 31 of the Department of Children and Family Services appointed 32 by the Director to coordinate the provision of services by 33 the public and private sector to prospective parents of 34 foreign-born children. HB0708 Engrossed -955- LRB9203186EGfg 1 M. "Interstate Compact on the Placement of Children" is 2 a law enacted by most states for the purpose of establishing 3 uniform procedures for handling the interstate placement of 4 children in foster homes, adoptive homes, or other child care 5 facilities. 6 N. "Non-Compact state" means a state that has not 7 enacted the Interstate Compact on the Placement of Children. 8 O. "Preadoption requirements" are any conditions 9 established by the laws or regulations of the Federal 10 Government or of each state that must be met prior to the 11 placement of a child in an adoptive home. 12 P. "Abused child" means a child whose parent or 13 immediate family member, or any person responsible for the 14 child's welfare, or any individual residing in the same home 15 as the child, or a paramour of the child's parent: 16 (a) inflicts, causes to be inflicted, or allows to 17 be inflicted upon the child physical injury, by other 18 than accidental means, that causes death, disfigurement, 19 impairment of physical or emotional health, or loss or 20 impairment of any bodily function; 21 (b) creates a substantial risk of physical injury 22 to the child by other than accidental means which would 23 be likely to cause death, disfigurement, impairment of 24 physical or emotional health, or loss or impairment of 25 any bodily function; 26 (c) commits or allows to be committed any sex 27 offense against the child, as sex offenses are defined in 28 the Criminal Code of 1961 and extending those definitions 29 of sex offenses to include children under 18 years of 30 age; 31 (d) commits or allows to be committed an act or 32 acts of torture upon the child; or 33 (e) inflicts excessive corporal punishment. 34 Q. "Neglected child" means any child whose parent or HB0708 Engrossed -956- LRB9203186EGfg 1 other person responsible for the child's welfare withholds or 2 denies nourishment or medically indicated treatment including 3 food or care denied solely on the basis of the present or 4 anticipated mental or physical impairment as determined by a 5 physician acting alone or in consultation with other 6 physicians or otherwise does not provide the proper or 7 necessary support, education as required by law, or medical 8 or other remedial care recognized under State law as 9 necessary for a child's well-being, or other care necessary 10 for his or her well-being, including adequate food, clothing 11 and shelter; or who is abandoned by his or her parents or 12 other person responsible for the child's welfare. 13 A child shall not be considered neglected or abused for 14 the sole reason that the child's parent or other person 15 responsible for his or her welfare depends upon spiritual 16 means through prayer alone for the treatment or cure of 17 disease or remedial care as provided under Section 4 of the 18 Abused and Neglected Child Reporting Act. 19 R. "Putative father" means a man who may be a child's 20 father, but who (1) is not married to the child's mother on 21 or before the date that the child was or is to be born and 22 (2) has not established paternity of the child in a court 23 proceeding before the filing of a petition for the adoption 24 of the child. The term includes a male who is less than 18 25 years of age. "Putative father" does not mean a man who is 26 the child's father as a result of criminal sexual abuse or 27 assault as defined under Article 12 of the Criminal Code of 28 1961. 29 S. "Standby adoption" means an adoption in which a 30 terminally ill parent consents to custody and termination of 31 parental rights to become effective upon the occurrence of a 32 future event, which is either the death of the terminally ill 33 parent or the request of the parent for the entry of a final 34 judgment of adoption. HB0708 Engrossed -957- LRB9203186EGfg 1 T. "Terminally ill parent" means a person who has a 2 medical prognosis by a physician licensed to practice 3 medicine in all of its branches that the person has an 4 incurable and irreversible condition which will lead to 5 death. 6 (Source: P.A. 90-13, eff. 6-13-97; 90-15, eff. 6-13-97; 7 90-27, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-28, 8 eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-443, eff. 9 8-16-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; 91-357, 10 eff. 7-29-99; 91-373, eff. 1-1-00; 91-572, eff. 1-1-00; 11 revised 8-31-99.) 12 (750 ILCS 50/18.1) (from Ch. 40, par. 1522.1) 13 Sec. 18.1. Disclosure of identifying information. 14 (a) The Department of Public Health shall establish and 15 maintain a Registry for the purpose of providing identifying 16 information to mutually consenting adult adopted or 17 surrendered persons, birth parents, adoptive parents, legal 18 guardians and birth siblings. Identifying information for 19 the purpose of this Act shall mean any one or more of the 20 following: 21 (1) The name and last known address of the 22 consenting person or persons. 23 (2) A copy of the Illinois Adoption Registry 24 Application of the consenting person or persons. 25 (3) A copy of the original certificate of live 26 birth of the adopted person. 27 Written authorization from all parties identified must be 28 received prior to disclosure of any identifying information. 29 (b) At any time after a child is surrendered for 30 adoption, or at any time during the adoption proceedings or 31 at any time thereafter, either birth parent or both of them 32 may file with the Registry a Birth Parent Registration 33 Identification Form and an Information Exchange Authorization HB0708 Engrossed -958- LRB9203186EGfg 1 or a Denial of Information Exchange. 2 (b-5) A birth sibling 21 years of age or over who was 3 not surrendered for adoption and who has submitted proof of 4 death for a deceased birth parent and such birth parent did 5 not file a Denial of Information Exchange with the Registry 6 prior to his or her death may file a Registration 7 Identification Form and an Information Exchange Authorization 8 or a Denial of Information Exchange. 9 (c) Any adopted person over the age of 21,orany 10 surrendered person over the age of 21"), or any adoptive 11 parent or legal guardian of an adopted or surrendered person 12 under the age of 21 may file with the Registry a Registration 13 Identification Form and an Information Exchange Authorization 14 or a Denial of Information Exchange. 15 (d) The Department of Public Health shall supply to the 16 adopted or surrendered person or his or her adoptive parents 17 or legal guardians and to the birth parents identifying 18 information only if both the adopted or surrendered person or 19 his or her adoptive parents or legal guardians and the birth 20 parents have filed with the Registry an Information Exchange 21 Authorization and the information at the Registry indicates 22 that the consenting adopted or surrendered person or the 23 child of the consenting adoptive parents or legal guardians 24 is the child of the consenting birth parents. 25 The Department of Public Health shall supply to adopted 26 or surrendered persons who are birth siblings identifying 27 information only if both siblings have filed with the 28 Registry an Information Exchange Authorization and the 29 information at the Registry indicates that the consenting 30 siblings have one or both birth parents in common. 31 Identifying information shall be supplied to consenting birth 32 siblings who were adopted or surrendered if any such sibling 33 is 21 years of age or over. Identifying information shall be 34 supplied to consenting birth siblings who were not adopted or HB0708 Engrossed -959- LRB9203186EGfg 1 surrendered if any such sibling is 21 years of age or over 2 and has proof of death of the common birth parent and such 3 birth parent did not file a Denial of Information Exchange 4 with the Registry prior to his or her death. 5 (e) A birth parent, birth sibling, adopted or 6 surrendered person or their adoptive parents or legal 7 guardians may notify the Registry of his or her desire not to 8 have his or her identity revealed or may revoke any 9 previously filed Information Exchange Authorization by 10 completing and filing with the Registry a Registry 11 Identification Form along with a Denial of Information 12 Exchange. The Illinois Adoption Registry Application does not 13 need to be completed in order to file a Denial of Information 14 Exchange. Any adopted or surrendered person or his or her 15 adoptive parents or legal guardians, birth sibling or birth 16 parent may revoke a Denial of Information Exchange by filing 17 an Information Exchange Authorization. The Department of 18 Public Health shall act in accordance with the most recently 19 filed Authorization. 20 (f) Identifying information ascertained from the 21 Registry shall be confidential and may be disclosed only (1) 22 upon a Court Order, which order shall name the person or 23 persons entitled to the information, or (2) to the adopted or 24 surrendered person, adoptive parents or legal guardians, 25 birth sibling, or birth parent if both the adopted or 26 surrendered person or his or her adoptive parents or legal 27 guardians, and his or her birth parent, or both, birth 28 siblings, have filed with the Registry an Information 29 Exchange Authorization, or (3) as authorized under subsection 30 (h) of Section 18.3 of this Act. A copy of the certificate 31 of live birth shall only be released to an adopted person who 32 was born in Illinois and who is the subject of an Information 33 Exchange Authorization filed by one of his or her birth 34 parents or non-surrendered birth siblings. Any person who HB0708 Engrossed -960- LRB9203186EGfg 1 willfully provides unauthorized disclosure of any information 2 filed with the Registry or who knowingly or intentionally 3 files false information with the Registry shall be guilty of 4 a Class A misdemeanor and shall be liable for damages. 5 (g) If information is disclosed pursuant to this Act, 6 the Department shall redact it to remove any identifying 7 information about any party who has not consented to the 8 disclosure of such identifying information. 9 (Source: P.A. 91-417, eff. 1-1-00; revised 2-23-00.) 10 Section 99.2. The Organ Donation Request Act is amended 11 by changing Section 2 as follows: 12 (755 ILCS 60/2) (from Ch. 110 1/2, par. 752) 13 Sec. 2. Notification; consent; definitions. 14 (a) When, based upon generally accepted medical 15 standards, an inpatient in a general acute care hospital with 16 more than 100 beds is a suitable candidate for organ or 17 tissue donation and such patient has not made an anatomical 18 gift of all or any part of his or her body pursuant to 19 Section 5 of the Uniform Anatomical Gift Act, the hospital 20 administrator, or his or her designated representative, 21 shall, if the candidate is suitable for the donation of 22 organs at the time of or after notification of death, notify 23 the hospital's federally designated organ procurement agency. 24 The organ procurement agency shall request a consent for 25 organ donation according to the priority and conditions 26 established in subsection (b). In the case of a candidate 27 suitable for donation of tissue only, the hospital 28 administrator or his or her designated representative or 29 tissue bank shall, at the time of or shortly after 30 notification of death, request a consent for tissue donation 31 according to the priority need conditions established in 32 subsection (b). Alternative procedures for requesting HB0708 Engrossed -961- LRB9203186EGfg 1 consent may be implemented by mutual agreement between a 2 hospital and a federally designated organ procurement agency 3 or tissue bank. 4 (b) In making a request for organ or tissue donation, 5 the hospital administrator or his or her designated 6 representative or the hospital's federally designated organ 7 procurement agency or tissue bank shall request any of the 8 following persons, in the order of priority stated in items 9 (1) through (7) below, when persons in prior classes are not 10 available and in the absence of (i) actual notice of contrary 11 intentions by the decedent, (ii) actual notice of opposition 12 by any member within the same priority class, and (iii) 13 reason to believe that an anatomical gift is contrary to the 14 decedent's religious beliefs, to consent to the gift of all 15 or any part of the decedent's body for any purpose specified 16 in Section 4 of the Uniform Anatomical Gift Act: 17 (1) the decedent's agent under the Powers of 18 Attorney for Health Care Law; 19 (2) the decedent's surrogate decision maker under 20 the Health Care Surrogate Act; 21 (3) the decedent's spouse; 22 (4) the decedent's adult sons or daughters; 23 (5) either of the decedent's parents; 24 (6) any of the decedent's adult brothers or 25 sisters; 26 (7) the guardian of the decedent at the time of his 27 or her death. 28 (c) If (1) the hospital administrator, or his or her 29 designated representative, the organ procurement agency, or 30 the tissue bank has actual notice of opposition to the gift 31 by the decedent or any person in the highest priority class 32 in which an available person can be found, or (2) there is 33 reason to believe that an anatomical gift is contrary to the 34 decedent's religious beliefs, or (3) the Director of Public HB0708 Engrossed -962- LRB9203186EGfg 1 Health has adopted a rule signifying his determination that 2 the need for organs and tissues for donation has been 3 adequately met, then such gift of all or any part of the 4 decedent's body shall not be requested. If a donation is 5 requested, consent or refusal may only be obtained from the 6 person or persons in the highest priority class available. 7 If the hospital administrator, or his or her designated 8 representative, the designated organ procurement agency, or 9 the tissue bank is unable to obtain consent from any of the 10 persons named in items (1) through (7) of subsection (b)(a)11 of this Section, the decedent's body shall not be used for an 12 anatomical gift unless a valid anatomical gift document was 13 executed under the Uniform Anatomical Gift Act or the Corneal 14 Transplant Act. 15 (d) For the purposes of this Act, a person will not be 16 considered "available" for the giving of consent or refusal 17 if: 18 (1) the existence of the person is unknown to the 19 hospital administrator or designee, organ procurement 20 agency, or tissue bank and is not readily ascertainable 21 through the examination of the decedent's hospital 22 records and the questioning of any persons who are 23 available for giving consent; 24 (2) the administrator or designee, organ 25 procurement agency, or tissue bank has unsuccessfully 26 attempted to contact the person by telephone or in any 27 other reasonable manner; 28 (3) the person is unable or unwilling to respond in 29 a manner which indicates the person's refusal or consent. 30 (e) For the purposes of this Act, "federally designated 31 organ procurement agency" means the organ procurement agency 32 designated by the Secretary of the U.S. Department of Health 33 and Human Services for the service area in which a hospital 34 is located; except that in the case of a hospital located in HB0708 Engrossed -963- LRB9203186EGfg 1 a county adjacent to Wisconsin which currently contracts with 2 an organ procurement agency located in Wisconsin that is not 3 the organ procurement agency designated by the U.S. Secretary 4 of Health and Human Services for the service area in which 5 the hospital is located, if the hospital applies for a waiver 6 pursuant to 42 USC 1320b-8(a), it may designate an organ 7 procurement agency located in Wisconsin to be thereafter 8 deemed its federally designated organ procurement agency for 9 the purposes of this Act. 10 (f) For the purposes of this Act, "tissue bank" means 11 any facility or program operating in Illinois that is 12 certified by the American Association of Tissue Banks or the 13 Eye Bank Association of America and is involved in procuring, 14 furnishing, donating, or distributing corneas, bones, or 15 other human tissue for the purpose of injecting, transfusing, 16 or transplanting any of them into the human body. "Tissue 17 bank" does not include a licensed blood bank. 18 For the purposes of this Act, "tissue" does not include 19 organs. 20 (g) Nothing in Public Act 89-393this amendatory Act of211995alters any agreements or affiliations between tissue 22 banks and hospitals. 23 (Source: P.A. 89-393, eff. 8-20-95; revised 2-23-00.) 24 Section 99.4. The Agricultural Foreign Investment 25 Disclosure Act is amended by changing Section 3 as follows: 26 (765 ILCS 50/3) (from Ch. 5, par. 603) 27 Sec. 3. Foreign persons. 28 (a) Any foreign person who acquires or transfers any 29 interest, other than a leasehold interest of 10 years or less 30 or a security interest, in agricultural land in this State 31 shall submit a report to the Director of Agriculture not 32 later than 90 days after the date of such acquisition or HB0708 Engrossed -964- LRB9203186EGfg 1 transfer. Such report shall be submitted in such form and in 2 accordance with such procedures as the Director may require 3 and shall contain: 4 (1) the legal name and the address of such foreign 5 person; 6 (2) in any case in which such foreign person is an 7 individual, the citizenship of such foreign person; 8 (3) in any case in which such foreign person is not 9 an individual or a government, the nature of the legal 10 entity holding the interest, the country in which such 11 foreign person is created or organized, and the principal 12 place of business of such foreign person; 13 (4) the type of interest in the agricultural land 14 of this State which such foreign person acquired or 15 transferred; 16 (5) the legal description and acreage of such 17 agricultural land; 18 (6) the purchase price paid for, or any other 19 consideration given for, such interest; the date the 20 interest in the agricultural land was acquired; the 21 amount of the purchase price or the value of the 22 consideration for the agricultural land yet to be paid; 23 the current estimated value of the agricultural land that 24 is being reported; 25 (7) in any case in which such foreign person 26 transfers such interest, the legal name and the address 27 of the person to whom such interest is transferred and: 28 (A) in any case in which such transferee is an 29 individual, the citizenship of such transferee; and 30 (B) in any case in which such transferee is 31 not an individual or a government, the nature of the 32 legal entity holding the interest, the country in 33 which such transferee is created or organized, and 34 the principal place of business of such transferee; HB0708 Engrossed -965- LRB9203186EGfg 1 (8) the agricultural purposes for which such 2 foreign person intends, on the date on which such report 3 is submitted to the Director, to use such agricultural 4 land; and 5 (9) such other information as the Director may 6 require by regulation. 7 (b) Any foreign person who holds any interest, other 8 than a leasehold interest of 10 years or less or a security 9 interest, in agricultural land of this State on the day 10 before the effective date of this amendatory Act of 1985 11 shall submit a report to the Director not later than 180 days 12 after such effective date. Such report shall be submitted in 13 such form and in accordance with such procedures as the 14 Director may require and shall contain: 15 (1) the legal name and the address of such foreign 16 person; 17 (2) in any case in which such foreign person is an 18 individual, the citizenship of such foreign person; 19 (3) in any case in which such foreign person is not 20 an individual or a government, the nature of the legal 21 entity holding the interest, the country in which such 22 foreign person is created or organized, and the principal 23 place of business of such foreign person; 24 (4) the type of interest in agricultural land of 25 this State which is held by such foreign person; 26 (5) the legal description and acreage of such 27 agricultural land; 28 (6) the purchase price paid for, or any other 29 consideration given for, such interest; the date the 30 interest in the agricultural land was acquired; the 31 amount of the purchase price or the value of the 32 consideration for the agricultural land yet to be paid; 33 the current estimated value of the agricultural land that 34 is being reported; HB0708 Engrossed -966- LRB9203186EGfg 1 (7) the agricultural purposes for which such 2 foreign person: 3 (A) is using such agricultural land on the 4 date on which such report is submitted to the 5 Director; and 6 (B) intends, as of such date, to use such 7 agricultural land; and 8 (8) such other information as the Director may 9 require by regulation. 10 (c) Any person who holds or acquires (on or after the 11 effective date of this amendatory Act of 1985) any interest, 12 other than a leasehold interest of 10 years or less or a 13 security interest, in agricultural land at a time when such 14 person is not a foreign person and who subsequently becomes a 15 foreign person shall submit a report to the Director not 16 later than 90 days after the date on which such person 17 becomes a foreign person. Such report shall be submitted in 18 such form and in accordance with such procedures as the 19 Director may require and shall contain the information 20 required by subsection (b) of this Section. This subsection 21 shall not apply with respect to any person who is required to 22 submit a report with respect to such land under subsection 23 (b) of this Section. 24 (d) Any foreign person who holds or acquires (on or 25 after the effective date of this amendatory Act of 1985) any 26 interest, other than a leasehold interest of 10 years or less 27 or a security interest, in land at a time when such land is 28 not agricultural land and such land subsequently becomes 29 agricultural land shall submit a report to the Director not 30 later than 90 days after the date on which such land becomes 31 agricultural land. Such report shall be submitted in such 32 form and in accordance with such procedures as the Director 33 may require and shall contain the information required by 34 subsection (b) of this Section. This subsection shall not HB0708 Engrossed -967- LRB9203186EGfg 1 apply with respect to any person who is required to submit a 2 report with respect to such land under subsection (b) of this 3 Section. 4 (e) With respect to any foreign person, other than an 5 individual or a government, who is required by subsection 6 (a), (b), (c), or (d) of this Section to submit a report, the 7 Director may, in addition, require such foreign person to 8 submit to the Director a report containing: 9 (A) the legal name and the address of each person 10 who holds any interest in such foreign person; 11 (B) in any case in which the holder of such 12 interest is an individual, the citizenship of such 13 holder; and 14 (C) in any case in which the holder of such 15 interest is not an individual or a government, the nature 16 of the legal entity holding the interest, the country in 17 which such holder is created or organized, and the 18 principal place of business of such holder. 19 (f) With respect to any person, other than an individual 20 or a government, whose legal name is contained in any report 21 submitted under subsection (e) of this Section, the Director 22 may require such person to submit to the Director a report 23 containing: 24 (A) the legal name and the address of any person 25 who holds any interest in the person submitting the 26 report under this subsection; 27 (B) in any case in which the holder of such 28 interest is an individual, the citizenship of such 29 holder; and 30 (C) in any case in which the holder of such 31 interest is not an individual or a government, the nature 32 of the legal entity holding the interest, the country in 33 which such holder is created or organized, and the 34 principalprincipleplace of business of such holder. HB0708 Engrossed -968- LRB9203186EGfg 1 (Source: P.A. 84-295; revised 9-22-00.) 2 Section 100. The Uniform Disposition of Unclaimed 3 Property Act is amended by changing Section 2 as follows: 4 (765 ILCS 1025/2) (from Ch. 141, par. 102) 5 Sec. 2. Property held by financial organizations; 6 presumption of abandonment. The following property held or 7 owing by a banking or financial organization is presumed 8 abandoned: 9 (a) Any demand, savings, or matured time deposit with a 10 banking organization, together with any interest or dividend 11 thereon, excluding any charges that may lawfully be withheld, 12 unless the owner has, within 5 years: 13 (1) Increased or decreased the amount of the 14 deposit, or presented the passbook or other similar 15 evidence of the deposit for the crediting of interest; or 16 (2) Corresponded in writing with the banking 17 organization concerning the deposit; or 18 (3) Otherwise indicated an interest in the deposit 19 as evidenced by a memorandum on file with the banking 20 organization. 21 (b) Any funds paid toward the purchase of withdrawable 22 shares or other interest in a financial organization, or any 23 deposit made, and any interest or dividends thereon, 24 excluding any charges that may be lawfully withheld, unless 25 the owner has within 5 years: 26 (1) Increased or decreased the amount of the funds, 27 or deposit, or presented an appropriate record for the 28 crediting of interest or dividends; or 29 (2) Corresponded in writing with the financial 30 organization concerning the funds or deposit; or 31 (3) Otherwise indicated an interest in the funds or 32 deposit as evidenced by a memorandum on file with the HB0708 Engrossed -969- LRB9203186EGfg 1 financial organization. 2 (c) Any sum payable on checks or on written instruments 3 on which a banking or financial organization or business 4 association is directly liable including, by way of 5 illustration but not of limitation, certificates of deposit, 6 drafts, money orders and travelers checks, that with the 7 exception of travelers checks has been outstanding for more 8 than 5 years from the date it was payable, or from the date 9 of its issuance if payable on demand, or, in the case of 10 travelers checks, that has been outstanding for more than 15 11 years from the date of its issuance, excluding any charges 12 that may be lawfully withheld relating to money orders issued 13 by currency exchanges, unless the owner has within 5 years or 14 within 15 years in the case of travelers checks corresponded 15 in writing with the banking or financial organization or 16 business association concerning it, or otherwise indicated an 17 interest as evidenced by a memorandum on file with the 18 banking or financial organization or business association. 19 (d) Any funds or other personal property, tangible or 20 intangible, removed from a safe deposit box or any other 21 safekeeping repository or agency or collateral deposit box on 22 which the lease or rental period has expired due to 23 nonpayment of rental charges or other reason, or any surplus 24 amounts arising from the sale thereof pursuant to law, that 25 have been unclaimed by the owner for more than 5 years from 26 the date on which the lease or rental period expired, 27 subject to lien of the holder for reimbursement of costs 28 incurred in the opening of a safe deposit box as determined 29 by the holder's regular schedule of charges. 30 (e) Notwithstanding any other provision of this Section, 31 no deposit except passbook, checking, NOW accounts, super NOW 32 accounts, money market accounts, or such similar accounts as 33 established by Rule of the State Treasurer, held by a banking 34 or financial organization shall be presumed abandoned if with HB0708 Engrossed -970- LRB9203186EGfg 1 respect to such a deposit which specifies a definite maturity 2 date, such organization was authorized in writing to extend 3 or rollover the account for an additional like period and 4 such organization does so extend. Such deposits are not 5 presumed abandoned less than 5 years from that final maturity 6 date. Property of any kind held in an individual retirement 7 account (IRA) is not presumed abandoned earlier than 5 years 8 after the owner attains the age at which distributions from 9 the account become mandatory under law. 10 (f) Notwithstanding any other provision of this Section, 11 money of a minor deposited pursuant to Section 24-21 of the 12 Probate Act of 1975 shall not be presumed abandoned earlier 13 than 5 years after the minor attains legal age. Such money 14 shall be deposited in an account which shall indicate the 15 birth date of the minor. 16 (Source: P.A. 90-167, eff. 7-23-97; 90-796, eff. 12-15-98; 17 91-16, eff. 7-1-99; 91-316, eff. 7-29-99; revised 10-15-99.) 18 Section 101. The Business Corporation Act of 1983 is 19 amended by changing Sections 13.45 and 14.05 as follows: 20 (805 ILCS 5/13.45) (from Ch. 32, par. 13.45) 21 Sec. 13.45. Withdrawal of foreign corporation. A foreign 22 corporation authorized to transact business in this State may 23 withdraw from this State upon procuring from the Secretary of 24 State a certificate of withdrawal. In order to procure a 25suchcertificate of withdrawal, thesuchforeign corporation 26 shall either: 27 (a) execute and file in duplicate, in accordance 28 with Section 1.10 of this Act, an application for 29 withdrawal and a final report, which shall set forth: 30 (1) that no proportion of its issued shares 31 is, on the date ofsuchapplication, represented by 32 business transacted or property located in this HB0708 Engrossed -971- LRB9203186EGfg 1 State;.2 (2) that it surrenders its authority to 3 transact business in this State;.4 (3) that it revokes the authority of its 5 registered agent in this State to accept service of 6 process and consents that service of process in any 7 suit, action, or proceeding based upon any cause of 8 action arising in this State during the time the 9 corporation was licensed to transact business in 10 this State may thereafter be made on thesuch11 corporation by servicethereofon the Secretary of 12 State;.13 (4) a post-office address to which may be 14 mailed a copy of any process against the corporation 15 that may be served on the Secretary of State;.16 (5) the name of the corporation and the state 17 or country under the laws of which it is organized;.18 (6) a statement of the aggregate number of 19 issued shares of the corporation itemized by 20 classes, and series, if any, within a class, as of 21 the date of thesuchfinal report;.22 (7) a statement of the amount of paid-in 23 capital of the corporation as of the date of the 24suchfinal report; and.25 (8) such additional information as may be 26 necessary or appropriate in order to enable the 27 Secretary of State to determine and assess any 28 unpaid fees or franchise taxes payable by thesuch29 foreign corporation as prescribed in this Act 30prescribed; or 31 (b) if it has been dissolved, file a copy of the 32 articles of dissolution duly authenticated by the proper 33 officer of the state or country under the laws of which 34 thesuchcorporation was organized. HB0708 Engrossed -972- LRB9203186EGfg 1(c)The application for withdrawal and the final report 2 shall be made on forms prescribed and furnished by the 3 Secretary of State. 4(d)When the corporation has complied with the provisions 5 of subdivisionsubsection(a) or (b) of this Section, the 6 Secretary of State shall issue a certificate of withdrawal. 7 If the provisions of subdivisionsubsection(b) of this 8 Section have been followed, the Secretary of State shall file 9 the copy of the articles of dissolution in his or her office 10 with one copy of the certificate of withdrawal affixed 11 thereto and shall,mail the original certificate to the 12 corporation or its representative. 13 Upon the issuance of asuchcertificate of withdrawal, 14 the authority of the corporation to transact business in this 15 State shall cease. 16 (Source: P.A. 91-464, eff. 1-1-00; revised 3-21-00.) 17 (805 ILCS 5/14.05) (from Ch. 32, par. 14.05) 18 Sec. 14.05. Annual report of domestic or foreign 19 corporation. Each domestic corporation organized under any 20 general law or special act of this State authorizing the 21 corporation to issue shares, other than homestead 22 associations, building and loan associations, banks and 23 insurance companies (which includes a syndicate or limited 24 syndicate regulated under Article V 1/2 of the Illinois 25 Insurance Code or member of a group of underwriters regulated 26 under Article V of that Code), and each foreign corporation 27 (except members of a group of underwriters regulated under 28 Article V of the Illinois Insurance Code) authorized to 29 transact business in this State, shall file, within the time 30 prescribed by this Act, an annual report setting forth: 31 (a) The name of the corporation. 32 (b) The address, including street and number, or 33 rural route number, of its registered office in this HB0708 Engrossed -973- LRB9203186EGfg 1 State, and the name of its registered agent at that 2 address. 3 (c) The address, including street and number, or 4 rural route number, of its principal office. 5 (d) The names and respective residential addresses, 6 including street and number, or rural route number, of 7 its directors and officers. 8 (e) A statement of the aggregate number of shares 9 which the corporation has authority to issue, itemized by 10 classes and series, if any, within a class. 11 (f) A statement of the aggregate number of issued 12 shares, itemized by classes, and series, if any, within a 13 class. 14 (g) A statement, expressed in dollars, of the 15 amount of paid-in capital of the corporation as defined 16 in this Act. 17 (h) Either a statement that (1) all the property of 18 the corporation is located in this State and all of its 19 business is transacted at or from places of business in 20 this State, or the corporation elects to pay the annual 21 franchise tax on the basis of its entire paid-in capital, 22 or (2) a statement, expressed in dollars, of the value of 23 all the property owned by the corporation, wherever 24 located, and the value of the property located within 25 this State, and a statement, expressed in dollars, of the 26 gross amount of business transacted by the corporation 27 and the gross amount thereof transacted by the 28 corporation at or from places of business in this State 29 as of the close of its fiscal year on or immediately 30 preceding the last day of the third month prior to the 31 anniversary month or in the case of a corporation which 32 has established an extended filing month, as of the close 33 of its fiscal year on or immediately preceding the last 34 day of the third month prior to the extended filing HB0708 Engrossed -974- LRB9203186EGfg 1 month; however, in the case of a domestic corporation 2 that has not completed its first fiscal year, the 3 statement with respect to property owned shall be as of 4 the last day of the third month preceding the anniversary 5 month and the statement with respect to business 6 transacted shall be furnished for the period between the 7 date of incorporation and the last day of the third month 8 preceding the anniversary month. In the case of a 9 foreign corporation that has not been authorized to 10 transact business in this State for a period of 12 months 11 and has not commenced transacting business prior to 12 obtaining a certificate of authority, the statement with 13 respect to property owned shall be as of the last day of 14 the third month preceding the anniversary month and the 15 statement with respect to business transacted shall be 16 furnished for the period between the date of its 17 authorization to transact business in this State and the 18 last day of the third month preceding the anniversary 19 month. If the data referenced in item (2) of this 20 subsection is not completed, the franchise tax provided 21 for in this Act shall be computed on the basis of the 22 entire paid-in capital. 23 (i) A statement, including the basis therefor, of 24 status as a "minority owned business" or as a "female 25 owned business" as those terms are defined in the 26Minority and FemaleBusiness Enterprise for Minorities, 27 Females, and Persons with Disabilities Act. 28 (j) Additional information as may be necessary or 29 appropriate in order to enable the Secretary of State to 30 administer this Act and to verify the proper amount of 31 fees and franchise taxes payable by the corporation. 32 The annual report shall be made on forms prescribed and 33 furnished by the Secretary of State, and the information 34 therein required by paragraphs (a) through (d), both HB0708 Engrossed -975- LRB9203186EGfg 1 inclusive, of this Section, shall be given as of the date of 2 the execution of the annual report and the information 3 therein required by paragraphs (e), (f) and (g) of this 4 Section shall be given as of the last day of the third month 5 preceding the anniversary month, except that the information 6 required by paragraphs (e), (f) and (g) shall, in the case of 7 a corporation which has established an extended filing month, 8 be given in its final transition annual report and each 9 subsequent annual report as of the close of its fiscal year 10 immediately preceding its extended filing month. It shall be 11 executed by the corporation by its president, a 12 vice-president, secretary, assistant secretary, treasurer or 13 other officer duly authorized by the board of directors of 14 the corporation to execute those reports, and verified by him 15 or her, or, if the corporation is in the hands of a receiver 16 or trustee, it shall be executed on behalf of the corporation 17 and verified by the receiver or trustee. 18 (Source: P.A. 91-593, eff. 8-14-99; revised 8-23-99.) 19 Section 101.5. The Uniform Commercial Code is amended by 20 changing Section 9-315.02 as follows: 21 (810 ILCS 5/9-315.02) 22 (This Section may contain text from a Public Act with a 23 delayed effective date) 24 Sec. 9-315.02.315.02.Disposal of collateral by debtor 25 to persons other than those previously disclosed to secured 26 party - penalties for violation - defense. 27 (1) Where, pursuant to Section 9-205.1, a secured party 28 has required that before the debtor sells or otherwise 29 disposes of collateral in the debtor's possession he disclose 30 to the secured party the persons to whom he desires to sell 31 or otherwise dispose of such collateral, it is unlawful for 32 the debtor to sell or otherwise dispose of the collateral to HB0708 Engrossed -976- LRB9203186EGfg 1 a person other than a person so disclosed to the secured 2 party. 3 (2) An individual convicted of a violation of this 4 Section shall be guilty of a Class A misdemeanor. 5 (3) A corporation convicted of a violation of this 6 Section shall be guilty of a business offense and shall be 7 fined not less than $2,000 nor more than $10,000. 8 (4) In the event the debtor under the terms of a 9 security agreement is a corporation or a partnership, any 10 officer, director, manager, or managerial agent of the debtor 11 who violates this Section or causes the debtor to violate 12 this Section shall be guilty of a Class A misdemeanor. 13 (5) It is an affirmative defense to a prosecution for 14 the violation of this Section that the debtor has paid to the 15 secured party the proceeds from the sale or other disposition 16 of the collateral within 10 days after such sale or 17 disposition. 18 (Source: P.A. 91-893, eff. 7-1-01; revised 9-22-00.) 19 Section 102. The Illinois Business Brokers Act of 1995 20 is amended by changing Section 10-115 as follows: 21 (815 ILCS 307/10-115) 22 Sec. 10-115. Business broker lien. 23 (a) Any business broker shall have a lien upon the 24 tangible assets of a business located in this State that is 25 the subject of a business broker's written contract in the 26 amount due to the broker under the written contract. 27 (b) The lien shall be available to the business broker 28 named in the instrument signed by the owner of an interest in 29 the assets. The lien arising under this Act shall be in 30 addition to any other rights that a business broker may have. 31 (c) A lien under this Act does not attach unless and 32 until: HB0708 Engrossed -977- LRB9203186EGfg 1 (1) the business broker is otherwise entitled to a 2 fee or commission under a written contract signed by the 3 seller or its duly authorized agent; and 4 (2) before the actual conveyance or transfer of the 5 business assets or property with respect to which the 6 business broker is claiming a lien, the business broker 7 files a notice of lien (i) as to real property, with the 8 recorder of the county in which the real property is 9 located or (ii) as to tangible personal property, in the 10 Office of the Secretary of State. 11 (d) When payment to a business broker is due in 12 installments, a portion of which is due only after the 13 conveyance or transfer of the tangible assets, any claim for 14 lien for those payments due after the transfer or conveyance 15 may be filed at any time subsequent to the transfer or 16 conveyance of the tangible assets and prior to the date on 17 which the payment is due but shall only be effective as a 18 lien against the tangible assets to the extent moneys are 19 still owed to the transferor by the transferee. In all other 20 respects, the lien shall attach as described in this 21 subsection. 22 (e) If a business broker has a written agreement with a 23 prospective purchaser, then the lien shall attach upon the 24 prospective purchaser purchasing or otherwise accepting a 25 conveyance or transfer of the real property or tangible 26 personal property of the business and the filing of a notice 27 of lien (i) in the recorder's office of the county in which 28 the real property is located, as to real property, and (ii) 29 in the Office of the Secretary of State, as to tangible 30 personal property, by the business broker within 90 days 31 after the transfer to the purchaser. The lien shall attach to 32 the interest purchased by the purchaser as of the date of the 33 filing of the notice of lien and does not relate back to the 34 date of the written contract. HB0708 Engrossed -978- LRB9203186EGfg 1 (f) The business broker shall, within 10 days after 2 filing its notice of lien, mail a copy of the notice of lien 3 to the owner of the property by depositing it in the United 4 States mail, registered or certified mail, with return 5 receipt requested, or personally serve a copy of the notice 6 on the owner of record or his agent. Mailing of the copy of 7 the notice of claim for lien is effective if mailed to the 8 seller at the address of the business that is the subject of 9 the notice of lien or to another address that the seller or 10 purchaser has provided in writing to the business broker. 11 The broker's lien shall be unenforceable if mailing of the 12 copy of the notice of lien does not occur at the time and in 13 the manner required by this Act. 14 (g) A business broker may bring suit to enforce a lien 15 in the circuit court (i) in the county where the real 16 property is located, as to real property, or (ii) as to 17 tangible personal property, either in the county where the 18 personal property is located or where the principal office of 19 the owner of the personal property, or the owner's 20 residence, is located, by filing a complaint and sworn 21 affidavit that the lien has been filed. 22 (h) The person claiming a lien shall, within 2 years 23 after filing the lien, commence proceedings by filing a 24 complaint. Failure to commence proceedings within 2 years 25 after filing the lien shall extinguish the lien. No 26 subsequent notice of lien may be given for the same claim nor 27 may that claim be asserted in any proceedings under this Act. 28 (i) A complaint under this Section shall have attached 29 to it a copy of the written contract on which the lien is 30 founded and shall contain a description of the services 31 performed, the amount due and unpaid, a description of the 32 tangible assets of the business that are subject to the lien, 33 and other facts necessary for a full understanding of the 34 rights of the parties. The plaintiff shall make all HB0708 Engrossed -979- LRB9203186EGfg 1 interested parties, of whose interest the plaintiff is 2 notified or has actual or constructive knowledge, defendants 3 to the action and shall issue summons and provide service as 4 in other civil actions. When any defendant resides or has 5 gone out of the State, or on inquiry cannot be found, or is 6 concealed within this State so that process cannot be served 7 on that defendant, the plaintiff shall cause a notice to be 8 given to that defendant, or cause a copy of the complaint to 9 be served upon that defendant, in the manner and upon the 10 same conditions as in other civil actions. Failure of the 11 plaintiff to provide proper summons or notice shall be 12 grounds for judgment against the plaintiff with prejudice. 13 Every lien claimed under this Act shall be foreclosed as 14 provided in the Illinois Mortgage Foreclosure Law, if the 15 lien is on real property, or as provided in the Uniform 16 Commercial Code, if the lien is on personal property. 17 (j) The lien notice shall state the name and address of 18 the claimant, the name of the purchaser or seller whose 19 property or assets are subject to the lien, a description of 20 the real or personal property that is subject to the lien, 21 the amount for which the lien is claimed, and the 22 registration number of the business broker. The notice of 23 lien shall recite that the information contained in the 24 notice is true and accurate to the knowledge of the signer. 25 The notice of lien shall be signed by the business broker or 26 by a person authorized to sign on behalf of the business 27 broker and shall be verified. 28 (k) Whenever a claim for lien has been filed with the 29 Office of the Secretary of State or the county recorder's 30 office and a condition occurs that would preclude the 31 business broker from receiving compensation under the terms 32 of the business broker's written agreement, the business 33 broker shall provide to the purchaser of the business, if the 34 lien is filed against the purchaser's assets of the business HB0708 Engrossed -980- LRB9203186EGfg 1 that are subject to this Act, or the seller of the business, 2 if the lien is filed against the seller's assets of the 3 business that are subject to this Act, within 10 days 4 following demand by that party, a written release or 5 satisfaction of the lien. 6 (l) Upon written demand of the owner, lienee, or other 7 authorized agent, served on the person claiming the lien 8 requiring suit to be commenced to enforce the lien or answer 9 to be filed in a pending suit, a suit shall be commenced or 10 answer filed within 30 days thereafter, or the lien shall be 11 extinguished. Service may be by registered or certified 12 mail, return receipt requested, or by personal service. 13 (m) If a claim for lien has been filed with the Office 14 of the Secretary of State or the county recorder's office and 15 is paid, the business broker shall acknowledge satisfaction 16 or release of the lien, in writing, within 5 days after 17 payment. 18 (n) The cost of proceedings brought under this Act, 19 including reasonable attorneys' fees, costs, and prejudgment 20 interest due to the prevailing party, shall be borne by the 21 nonprevailing party or parties. When more than one party is 22 responsible for costs, fees, and prejudgment interest, the 23 costs, fees, and prejudgment interest shall be equitably 24 apportioned by the court among those responsible parties. 25 (o) Prior recorded liens and mortgages shall have 26 priority over a broker's lien. A prior recorded lien shall 27 include, without limitation, (i) a mechanic's lien claim, 28 (ii) prior recorded liens securing revolving credit or future 29 advances under construction loans as described in Section 30 15-1302 of the Code of Civil Procedure, and (iii) prior 31 recorded liens perfected under the Uniform Commercial Code. 32 (p) No lien under this Section 10-115 shall attach to 33 any real property asset of a business unless and until a 34 notice of lien is filed with the recorder of the county in HB0708 Engrossed -981- LRB9203186EGfg 1 which the real property asset is located. A lien recorded 2 under this subsection (p) shall otherwise be subject to the 3 same notice, enforcement, and limitations as any other lien 4 under this Section. A copy of the notice of lien recorded 5 under this subsection (p) shall be filed with the Secretary 6 of State. 7 (Source: P.A. 90-70, eff. 7-8-97; 91-194, eff. 7-20-99; 8 91-534, eff. 1-1-00; revised 10-13-99.) 9 Section 103. The Illinois Pre-Need Cemetery Sales Act is 10 amended by changing Section 4 as follows: 11 (815 ILCS 390/4) (from Ch. 21, par. 204) 12 Sec. 4. Definitions. As used in this Act, the following 13 terms shall have the meaning specified: 14 (A)A."Pre-need sales contract" or "Pre-need sales" 15 means any agreement or contract or series or combination of 16 agreements or contracts which have for a purpose the sale of 17 cemetery merchandise, cemetery services or undeveloped 18 interment, entombment or inurnment spaces where the terms of 19 such sale require payment or payments to be made at a 20 currently determinable time and where the merchandise, 21 services or completed spaces are to be provided more than 120 22 days following the initial payment on the account. 23 (B)B."Delivery" occurs when: 24 (1) physical possession of the merchandise is 25 transferred or the easement for burial rights in a 26 completed space is executed, delivered and transferred to 27 the buyer; or 28 (2) title to the merchandise has been transferred 29 to the buyer and the merchandise has been paid for and is 30 in the possession of the seller who has placed it, until 31 needed, at the site of its ultimate use; or 32 (3)(A)the merchandise has been permanently HB0708 Engrossed -982- LRB9203186EGfg 1 identified with the name of the buyer or the beneficiary 2 and delivered to a licensed and bonded warehouse and both 3 title to the merchandise and a warehouse receipt have 4 been delivered to the purchaser or beneficiary; except 5 that in the case of outer burial containers, the use of a 6 licensed and bonded warehouse as set forth in this 7 paragraph shall not constitute delivery for purposes of 8 this Act. Nothing herein shall prevent a seller from 9 perfecting a security interest in accordance with the 10 Uniform Commercial Code on any merchandise covered under 11 this Act. 12(B)All warehouse facilities to which sellers 13 deliver merchandise pursuant to this Act shall: 14 (i) be either located in the State of Illinois 15 or qualify as a foreign warehouse facility as 16 defined herein; 17 (ii) submit to the Comptroller not less than 18 annually, by March 1 of each year, a report of all 19 cemetery merchandise stored by each licensee under 20 this Act which is in storage on the date of the 21 report; 22 (iii) permit the Comptroller or his designee 23 at any time to examine stored merchandise and to 24 examine any documents pertaining thereto; 25 (iv) submit evidence satisfactory to the 26 Comptroller that all merchandise stored by said 27 warehouse for licensees under this Act is insured 28 for casualty or other loss normally assumed by a 29 bailee for hire; 30 (v) demonstrate to the Comptroller that the 31 warehouse has procured and is maintaining a 32 performance bond in the form, content and amount 33 sufficient to unconditionally guarantee to the 34 purchaser or beneficiary the prompt shipment of the HB0708 Engrossed -983- LRB9203186EGfg 1 cemetery merchandise. 2 (C) "Cemetery merchandise" means items of personal 3 property normally sold by a cemetery authority not covered 4 under the Illinois Funeral or Burial Funds Act, including but 5 not limited to: 6 (1) memorials, 7 (2) markers, 8 (3) monuments, 9 (4) foundations, and 10 (5) outer burial containers. 11 (D) "Undeveloped interment, entombment or inurnment 12 spaces" or "undeveloped spaces" means any space to be used 13 for the reception of human remains that is not completely and 14 totally constructed at the time of initial payment therefor 15 in a: 16 (1) lawn crypt, 17 (2) mausoleum, 18 (3) garden crypt, 19 (4) columbarium, or 20 (5) cemetery section. 21 (E) "Cemetery services" means those services customarily 22 performed by cemetery or crematory personnel in connection 23 with the interment, entombment, inurnment or cremation of a 24 dead human body. 25 (F) "Cemetery section" means a grouping of spaces 26 intended to be developed simultaneously for the purpose of 27 interring human remains. 28 (G) "Columbarium" means an arrangement of niches that 29 may be an entire building, a complete room, a series of 30 special indoor alcoves, a bank along a corridor or part of an 31 outdoor garden setting that is constructed of permanent 32 material such as bronze, marble, brick, stone or concrete for 33 the inurnment of human remains. 34 (H) "Lawn crypt" means a permanent underground crypt HB0708 Engrossed -984- LRB9203186EGfg 1 usually constructed of reinforced concrete or similar 2 material installed in multiple units for the interment of 3 human remains. 4 (I) "Mausoleum" or "garden crypt" means a grouping of 5 spaces constructed of reinforced concrete or similar material 6 constructed or assembled above the ground for entombing human 7 remains. 8 (J) "Memorials, markers and monuments" means the object 9 usually comprised of a permanent material such as granite or 10 bronze used to identify and memorialize the deceased. 11 (K) "Foundations" means those items used to affix or 12 support a memorial or monument to the ground in connection 13 with the installation of a memorial, marker or monument. 14 (L) "Person" means an individual, corporation, 15 partnership, joint venture, business trust, voluntary 16 organization or any other form of entity. 17 (M) "Seller" means any person selling or offering for 18 sale cemetery merchandise, cemetery services or undeveloped 19 spaces on a pre-need basis. 20 (N) "Religious cemetery" means a cemetery owned, 21 operated, controlled or managed by any recognized church, 22 religious society, association or denomination or by any 23 cemetery authority or any corporation administering, or 24 through which is administered, the temporalities of any 25 recognized church, religious society, association or 26 denomination. 27 (O) "Municipal cemetery" means a cemetery owned, 28 operated, controlled or managed by any city, village, 29 incorporated town, township, county or other municipal 30 corporation, political subdivision, or instrumentality 31 thereof authorized by law to own, operate or manage a 32 cemetery. 33 (O-1) "Outer burial container" means a container made of 34 concrete, steel, wood, fiberglass, or similar material, used HB0708 Engrossed -985- LRB9203186EGfg 1 solely at the interment site, and designed and used 2 exclusively to surround or enclose a separate casket and to 3 support the earth above such casket, commonly known as a 4 burial vault, grave box, or grave liner, but not including a 5 lawn crypt. 6 (P) "Sales price" means the gross amount paid by a 7 purchaser on a pre-need sales contract for cemetery 8 merchandise, cemetery services or undeveloped interment, 9 entombment or inurnment spaces, excluding sales taxes, credit 10 life insurance premiums, finance charges and Cemetery Care 11 Act contributions. 12 (Q) "Foreign warehouse facility" means a warehouse 13 facility now or hereafter located in any state or territory 14 of the United States, including the District of Columbia, 15 other than the State of Illinois. 16 A foreign warehouse facility shall be deemed to have 17 appointed the Comptroller to be its true and lawful attorney 18 upon whom may be served all legal process in any action or 19 proceeding against it relating to or growing out of this Act, 20 and the acceptance of the delivery of stored merchandise 21 under this Act shall be signification of its agreement that 22 any such process against it which is so served, shall be of 23 the same legal force and validity as though served upon it 24 personally. 25 Service of such process shall be made by delivering to 26 and leaving with the Comptroller, or any agent having charge 27 of the Comptroller's Department of Cemetery and Burial 28 Trusts, a copy of such process and such service shall be 29 sufficient service upon such foreign warehouse facility if 30 notice of such service and a copy of the process are, within 31 10 days thereafter, sent by registered mail by the plaintiff 32 to the foreign warehouse facility at its principal office and 33 the plaintiff's affidavit of compliance herewith is appended 34 to the summons. The Comptroller shall keep a record of all HB0708 Engrossed -986- LRB9203186EGfg 1 process served upon him under this Section and shall record 2 therein the time of such service. 3 (Source: P.A. 91-7, eff. 1-1-2000; 91-357, eff. 7-29-99; 4 revised 8-30-99.) 5 Section 104. The Travel Promotion Consumer Protection 6 Act is amended by changing Section 7 as follows: 7 (815 ILCS 420/7) (from Ch. 121 1/2, par. 1857) 8 Sec. 7. Violation of any of the provisions of this Act 9 is an unlawful practice pursuant to Section 2Z20of the 10"Consumer Fraud and Deceptive Business Practices Act",11approved July 24, 1961, as now or hereafter amended. All 12 remedies, penalties and authority granted to the Attorney 13 General by that Act shall be available to the Attorney 14 Generalhimfor the enforcement of this Act. In any action 15 brought by the Attorney General to enforce this Act, the 16 court may order that persons who incurred actual damages be 17 awarded the amount at which actual damages are assessed. 18 (Source: P.A. 85-995; revised 3-27-00.) 19 Section 105. The Uniform Deceptive Trade Practices Act 20 is amended by changing Section 2 as follows: 21 (815 ILCS 510/2) (from Ch. 121 1/2, par. 312) 22 Sec. 2. Deceptive trade practices. 23 (a) A person engages in a deceptive trade practice when, 24 in the course of his or her business, vocation, or 25 occupation, the personhe: 26 (1) passes off goods or services as those of 27 another; 28 (2) causes likelihood of confusion or of 29 misunderstanding as to the source, sponsorship, approval, 30 or certification of goods or services; HB0708 Engrossed -987- LRB9203186EGfg 1 (3) causes likelihood of confusion or of 2 misunderstanding as to affiliation, connection, or 3 association with or certification by another; 4 (4) uses deceptive representations or designations 5 of geographic origin in connection with goods or 6 services; 7 (5) represents that goods or services have 8 sponsorship, approval, characteristics, ingredients, 9 uses, benefits, or quantities that they do not have or 10 that a person has a sponsorship, approval, status, 11 affiliation, or connection that he or she does not have; 12 (6) represents that goods are original or new if 13 they are deteriorated, altered, reconditioned, reclaimed, 14 used, or secondhand; 15 (7) represents that goods or services are of a 16 particular standard, quality, or grade or that goods are 17 a particular style or model, if they are of another; 18 (8) disparages the goods, services, or business of 19 another by false or misleading representation of fact; 20 (9) advertises goods or services with intent not to 21 sell them as advertised; 22 (10) advertises goods or services with intent not 23 to supply reasonably expectable public demand, unless the 24 advertisement discloses a limitation of quantity; 25 (11) makesmakefalse or misleading statements of 26 fact concerning the reasons for, existence of, or amounts 27 of price reductions; 28 (12) engages in any other conduct which similarly 29 creates a likelihood of confusion orofmisunderstanding. 30 (b) In order to prevail in an action under this Act, a 31 plaintiff need not prove competition between the parties or 32 actual confusion or misunderstanding. 33 (c) This Section does not affect unfair trade practices 34 otherwise actionable at common law or under other statutes of HB0708 Engrossed -988- LRB9203186EGfg 1 this State. 2 (Source: P.A. 79-1365; revised 2-9-00) 3 Section 106. The Prevailing Wage Act is amended by 4 changing Section 2 as follows: 5 (820 ILCS 130/2) (from Ch. 48, par. 39s-2) 6 (Text of Section before amendment by P.A. 91-935) 7 Sec. 2. This Act applies to the wages of laborers, 8 mechanics and other workers employed in any public works, as 9 hereinafter defined, by any public body and to anyone under 10 contracts for public works. 11 As used in this Act, unless the context indicates 12 otherwise: 13 "Public works" means all fixed works constructed for 14 public use by any public body, other than work done directly 15 by any public utility company, whether or not done under 16 public supervision or direction, or paid for wholly or in 17 part out of public funds. "Public works" as defined herein 18 includes all projects financed in whole or in part with bonds 19 issued under the Industrial Project Revenue Bond Act (Article 20 11, Division 74 of the Illinois Municipal Code), the 21 Industrial Building Revenue Bond Act, the Illinois 22 Development Finance Authority Act, or the Build Illinois Bond 23 Act, and all projects financed in whole or in part with loans 24 or other funds made available pursuant to the Build Illinois 25 Act. 26 "Construction" means all work on public works involving 27 laborers, workers or mechanics. 28 "Locality" means the county where the physical work upon 29 public works is performed, except (1) that if there is not 30 available in the county a sufficient number of competent 31 skilled laborers, workers and mechanics to construct the 32 public works efficiently and properly, "locality" includes HB0708 Engrossed -989- LRB9203186EGfg 1 any other county nearest the one in which the work or 2 construction is to be performed and from which such persons 3 may be obtained in sufficient numbers to perform the work and 4 (2) that, with respect to contracts for highway work with the 5 Department of Transportation of this State, "locality" may at 6 the discretion of the Secretary of the Department of 7 Transportation be construed to include two or more adjacent 8 counties from which workers may be accessible for work on 9 such construction. 10 "Public body" means the State or any officer, board or 11 commission of the State or any political subdivision or 12 department thereof, or any institution supported in whole or 13 in part by public funds, authorized by law to construct 14 public works or to enter into any contract for the 15 construction of public works, and includes every county, 16 city, town, village, township, school district, irrigation, 17 utility, reclamation improvement or other district and every 18 other political subdivision, district or municipality of the 19 state whether such political subdivision, municipality or 20 district operates under a special charter or not. 21 The terms "general prevailing rate of hourly wages", 22 "general prevailing rate of wages" or "prevailing rate of 23 wages" when used in this Act mean the hourly cash wages plus 24 fringe benefits for training and apprenticeship programs 25 approved by the U.S. Department of Labor, Bureau of 26 Apprenticeship and Training, health and welfare, insurance, 27 vacations and pensions paid generally, in the locality in 28 which the work is being performed, to employees engaged in 29 work of a similarsimiliarcharacter on public works. 30 (Source: P.A. 91-105, eff. 1-1-00; revised 10-7-99.) 31 (Text of Section after amendment by P.A. 91-935) 32 Sec. 2. This Act applies to the wages of laborers, 33 mechanics and other workers employed in any public works, as 34 hereinafter defined, by any public body and to anyone under HB0708 Engrossed -990- LRB9203186EGfg 1 contracts for public works. 2 As used in this Act, unless the context indicates 3 otherwise: 4 "Public works" means all fixed works constructed for 5 public use by any public body, other than work done directly 6 by any public utility company, whether or not done under 7 public supervision or direction, or paid for wholly or in 8 part out of public funds. "Public works" as defined herein 9 includes all projects financed in whole or in part with bonds 10 issued under the Industrial Project Revenue Bond Act (Article 11 11, Division 74 of the Illinois Municipal Code), the 12 Industrial Building Revenue Bond Act, the Illinois 13 Development Finance Authority Act, the Illinois Sports 14 Facilities Authority Act, or the Build Illinois Bond Act, and 15 all projects financed in whole or in part with loans or other 16 funds made available pursuant to the Build Illinois Act. 17 "Construction" means all work on public works involving 18 laborers, workers or mechanics. 19 "Locality" means the county where the physical work upon 20 public works is performed, except (1) that if there is not 21 available in the county a sufficient number of competent 22 skilled laborers, workers and mechanics to construct the 23 public works efficiently and properly, "locality" includes 24 any other county nearest the one in which the work or 25 construction is to be performed and from which such persons 26 may be obtained in sufficient numbers to perform the work and 27 (2) that, with respect to contracts for highway work with the 28 Department of Transportation of this State, "locality" may at 29 the discretion of the Secretary of the Department of 30 Transportation be construed to include two or more adjacent 31 counties from which workers may be accessible for work on 32 such construction. 33 "Public body" means the State or any officer, board or 34 commission of the State or any political subdivision or HB0708 Engrossed -991- LRB9203186EGfg 1 department thereof, or any institution supported in whole or 2 in part by public funds, authorized by law to construct 3 public works or to enter into any contract for the 4 construction of public works, and includes every county, 5 city, town, village, township, school district, irrigation, 6 utility, reclamation improvement or other district and every 7 other political subdivision, district or municipality of the 8 state whether such political subdivision, municipality or 9 district operates under a special charter or not. 10 The terms "general prevailing rate of hourly wages", 11 "general prevailing rate of wages" or "prevailing rate of 12 wages" when used in this Act mean the hourly cash wages plus 13 fringe benefits for training and apprenticeship programs 14 approved by the U.S. Department of Labor, Bureau of 15 Apprenticeship and Training, health and welfare, insurance, 16 vacations and pensions paid generally, in the locality in 17 which the work is being performed, to employees engaged in 18 work of a similar character on public works. 19 (Source: P.A. 91-105, eff. 1-1-00; 91-935, eff. 6-1-01.) 20 Section 996. No acceleration or delay. Where this Act 21 makes changes in a statute that is represented in this Act by 22 text that is not yet or no longer in effect (for example, a 23 Section represented by multiple versions), the use of that 24 text does not accelerate or delay the taking effect of (i) 25 the changes made by this Act or (ii) provisions derived from 26 any other Public Act. 27 Section 997. No revival or extension. This Act does not 28 revive or extend any Section or Act otherwise repealed. 29 Section 999. Effective date. This Act takes effect upon 30 becoming law. HB0708 Engrossed -992- LRB9203186EGfg 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 80/4.21 6 5 ILCS 100/10-50 from Ch. 127, par. 1010-50 7 5 ILCS 140/7 from Ch. 116, par. 207 8 5 ILCS 160/4a 9 5 ILCS 375/3 from Ch. 127, par. 523 10 5 ILCS 375/6.12 11 5 ILCS 375/6.13 12 5 ILCS 375/10 from Ch. 127, par. 530 13 10 ILCS 5/7-10 from Ch. 46, par. 7-10 14 10 ILCS 5/7-30 from Ch. 46, par. 7-30 15 15 ILCS 320/7 from Ch. 128, par. 107 16 15 ILCS 505/16.5 17 20 ILCS 5/Art. 1 heading 18 20 ILCS 5/1-2 new 19 20 ILCS 5/1-5 20 20 ILCS 5/5-300 was 20 ILCS 5/9 21 20 ILCS 5/5-310 was 20 ILCS 5/9.21 22 20 ILCS 5/5-315 was 20 ILCS 5/9.02 23 20 ILCS 5/5-320 was 20 ILCS 5/9.19 24 20 ILCS 5/5-325 was 20 ILCS 5/9.16 25 20 ILCS 5/5-330 was 20 ILCS 5/9.18 26 20 ILCS 5/5-335 was 20 ILCS 5/9.11a 27 20 ILCS 5/5-340 was 20 ILCS 5/9.30 28 20 ILCS 5/5-345 was 20 ILCS 5/9.15 29 20 ILCS 5/5-350 was 20 ILCS 5/9.24 30 20 ILCS 5/5-355 was 20 ILCS 5/9.05a 31 20 ILCS 5/5-360 was 20 ILCS 5/9.10 32 20 ILCS 5/5-365 was 20 ILCS 5/9.03 33 20 ILCS 5/5-370 was 20 ILCS 5/9.31 34 20 ILCS 5/5-375 was 20 ILCS 5/9.09 HB0708 Engrossed -993- LRB9203186EGfg 1 20 ILCS 5/5-385 was 20 ILCS 5/9.25 2 20 ILCS 5/5-390 was 20 ILCS 5/9.08 3 20 ILCS 5/5-395 was 20 ILCS 5/9.17 4 20 ILCS 5/5-400 was 20 ILCS 5/9.07 5 20 ILCS 5/5-410 was 20 ILCS 5/9.11 6 20 ILCS 5/5-415 was 20 ILCS 5/9.05 7 20 ILCS 5/5-420 was 20 ILCS 5/9.22 8 20 ILCS 5/5-550 was 20 ILCS 5/6.23 9 20 ILCS 205/205-47 was 20 ILCS 205/40.43 10 20 ILCS 205/205-60 was 20 ILCS 205/40.35 11 20 ILCS 301/10-45 12 20 ILCS 510/510-5 13 20 ILCS 605/605-55 was 20 ILCS 605/46.21 14 20 ILCS 605/605-111 was 20 ILCS 605/46.34a 15 20 ILCS 605/605-112 was 20 ILCS 605/46.34b 16 20 ILCS 605/605-323 was 20 ILCS 605/46.76 17 20 ILCS 605/605-385 was 20 ILCS 605/46.62 18 20 ILCS 605/605-415 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 605/605-817 was 20 ILCS 605/46.19k 24 20 ILCS 605/605-850 was 20 ILCS 605/46.32a in part 25 20 ILCS 605/605-855 was 20 ILCS 605/46.32a in part 26 20 ILCS 605/605-860 was 20 ILCS 605/46.32a in part 27 20 ILCS 605/605-940 was 20 ILCS 605/46.37 28 20 ILCS 655/5.3 from Ch. 67 1/2, par. 608 29 20 ILCS 1005/1005-110 was 20 ILCS 1005/44a 30 20 ILCS 1005/1005-130 was 20 ILCS 1005/43a.14 31 20 ILCS 1405/1405-20 was 20 ILCS 1405/56.3 32 20 ILCS 2105/2105-5 was 20 ILCS 2105/60b 33 20 ILCS 2105/2105-15 was 20 ILCS 2105/60 34 20 ILCS 2105/2105-30 was 20 ILCS 2105/60p HB0708 Engrossed -994- LRB9203186EGfg 1 20 ILCS 2105/2105-75 was 20 ILCS 2105/61f 2 20 ILCS 2105/2105-120 was 20 ILCS 2105/60g 3 20 ILCS 2105/2105-150 was 20 ILCS 2105/60m 4 20 ILCS 2310/2310-205 was 20 ILCS 2310/55.57 5 20 ILCS 2310/2310-227 was 20 ILCS 2310/55.58a 6 20 ILCS 2310/2310-322 was 20 ILCS 2310/55.56a 7 20 ILCS 2310/2310-337 was 20 ILCS 2310/55.95 8 20 ILCS 2310/2310-350 was 20 ILCS 2310/55.70 9 20 ILCS 2310/2310-351 was 20 ILCS 2310/55.91 10 20 ILCS 2310/2310-370 was 20 ILCS 2310/55.76 11 20 ILCS 2310/2310-397 was 20 ILCS 2310/55.90 12 20 ILCS 2310/2310-398 was 20 ILCS 2310/55.91 13 20 ILCS 2310/2310-430 was 20 ILCS 2310/55.69 14 20 ILCS 2310/2310-537 was 20 ILCS 2310/55.75a 15 20 ILCS 2405/12a from Ch. 23, par. 3443a 16 20 ILCS 2505/2505-65 was 20 ILCS 2505/39b12 17 20 ILCS 2605/2605-302 was 20 ILCS 2605/55a in part 18 20 ILCS 2605/2605-330 was 20 ILCS 2605/55a in part 19 20 ILCS 2605/2605-475 was 20 ILCS 2605/55a in part 20 20 ILCS 2630/3 from Ch. 38, par. 206-3 21 20 ILCS 2705/2705-200 was 20 ILCS 2705/49.16 22 20 ILCS 3010/3 from Ch. 127, par. 3103 23 20 ILCS 3105/16 from Ch. 127, par. 783b 24 20 ILCS 3305/10 from Ch. 127, par. 1060 25 20 ILCS 3850/1-130 26 25 ILCS 70/3 from Ch. 63, par. 42.83 27 25 ILCS 70/9 from Ch. 63, par. 42.89 28 30 ILCS 105/5.490 29 30 ILCS 105/5.491 30 30 ILCS 105/5.492 31 30 ILCS 105/5.493 32 30 ILCS 105/5.494 33 30 ILCS 105/5.497 34 30 ILCS 105/5.498 HB0708 Engrossed -995- LRB9203186EGfg 1 30 ILCS 105/5.499 2 30 ILCS 105/5.501 3 30 ILCS 105/5.502 4 30 ILCS 105/5.503 5 30 ILCS 105/5.504 6 30 ILCS 105/5.505 7 30 ILCS 105/5.506 8 30 ILCS 105/5.507 9 30 ILCS 105/5.508 10 30 ILCS 105/5.509 11 30 ILCS 105/5.510 12 30 ILCS 105/5.511 13 30 ILCS 105/5.512 14 30 ILCS 105/5.513 15 30 ILCS 105/5.514 16 30 ILCS 105/5.515 17 30 ILCS 105/5.516 18 30 ILCS 105/5.517 19 30 ILCS 105/5.518 20 30 ILCS 105/5.519 21 30 ILCS 105/5.520 22 30 ILCS 105/5.521 23 30 ILCS 105/5.522 24 30 ILCS 105/5.523 25 30 ILCS 105/5.524 26 30 ILCS 105/5.525 27 30 ILCS 105/5.526 28 30 ILCS 105/5.527 29 30 ILCS 105/5.528 30 30 ILCS 105/5.529 31 30 ILCS 105/5.530 32 30 ILCS 105/5.531 33 30 ILCS 105/5.532 34 30 ILCS 105/5.533 HB0708 Engrossed -996- LRB9203186EGfg 1 30 ILCS 105/5.534 2 30 ILCS 105/5.535 3 30 ILCS 105/5.536 4 30 ILCS 105/5.540 5 30 ILCS 105/5.541 6 30 ILCS 105/5.542 7 30 ILCS 105/6z-43 8 30 ILCS 105/8.36 9 30 ILCS 105/8.37 10 30 ILCS 330/9 from Ch. 127, par. 659 11 30 ILCS 740/2-7 from Ch. 111 2/3, par. 667 12 30 ILCS 805/8.23 13 30 ILCS 805/8.24 14 35 ILCS 5/201 from Ch. 120, par. 2-201 15 35 ILCS 5/203 from Ch. 120, par. 2-203 16 35 ILCS 5/703 from Ch. 120, par. 7-703 17 35 ILCS 5/901 from Ch. 120, par. 9-901 18 35 ILCS 105/3-55 from Ch. 120, par. 439.3-55 19 35 ILCS 105/9 from Ch. 120, par. 439.9 20 35 ILCS 110/3-5 from Ch. 120, par. 439.33-5 21 35 ILCS 110/3-45 from Ch. 120, par. 439.33-45 22 35 ILCS 115/3-5 from Ch. 120, par. 439.103-5 23 35 ILCS 120/2-5 from Ch. 120, par. 441-5 24 35 ILCS 120/3 from Ch. 120, par. 442 25 35 ILCS 145/6 from Ch. 120, par. 481b.36 26 35 ILCS 200/Art. 10, Div. 11 heading 27 35 ILCS 200/10-235 28 35 ILCS 200/10-240 29 35 ILCS 200/10-260 30 35 ILCS 200/Art. 10, Div. 12 heading 31 35 ILCS 200/10-300 32 35 ILCS 200/15-35 33 35 ILCS 200/15-105 34 35 ILCS 200/27-10 HB0708 Engrossed -997- LRB9203186EGfg 1 35 ILCS 505/1.2 from Ch. 120, par. 417.2 2 35 ILCS 505/1.14 from Ch. 120, par. 417.14 3 35 ILCS 505/8 from Ch. 120, par. 424 4 35 ILCS 635/22 5 40 ILCS 5/1-109.1 from Ch. 108 1/2, par. 1-109.1 6 40 ILCS 5/7-109.3 from Ch. 108 1/2, par. 7-109.3 7 40 ILCS 5/15-136 from Ch. 108 1/2, par. 15-136 8 40 ILCS 5/15-139 from Ch. 108 1/2, par. 15-139 9 40 ILCS 5/15-154 from Ch. 108 1/2, par. 15-154 10 40 ILCS 5/16-138 from Ch. 108 1/2, par. 16-138 11 50 ILCS 20/18 from Ch. 85, par. 1048 12 50 ILCS 205/3b 13 50 ILCS 750/15.6 14 55 ILCS 5/3-5018 from Ch. 34, par. 3-5018 15 60 ILCS 1/105-35 16 65 ILCS 5/11-31-1 from Ch. 24, par. 11-31-1 17 65 ILCS 5/11-74.4-4 from Ch. 24, par. 11-74.4-4 18 65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8 19 70 ILCS 210/23.1 from Ch. 85, par. 1243.1 20 70 ILCS 905/24 from Ch. 111 1/2, par. 20.4 21 70 ILCS 2605/8c from Ch. 42, par. 327c 22 70 ILCS 3205/9 from Ch. 85, par. 6009 23 70 ILCS 3615/4.09 from Ch. 111 2/3, par. 704.09 24 105 ILCS 5/2-3.126 25 105 ILCS 5/2-3.128 26 105 ILCS 5/2-3.129 27 105 ILCS 5/2-3.130 28 105 ILCS 5/10-20.31 29 105 ILCS 5/10-20.32 30 105 ILCS 5/10-20.33 31 105 ILCS 5/14-8.05 from Ch. 122, par. 14-8.05 32 105 ILCS 5/18-8.05 33 105 ILCS 5/21-2 from Ch. 122, par. 21-2 34 105 ILCS 5/27A-4 HB0708 Engrossed -998- LRB9203186EGfg 1 105 ILCS 5/27A-9 2 105 ILCS 5/27A-11.5 3 105 ILCS 5/34-8.3 from Ch. 122, par. 34-8.3 4 105 ILCS 5/34-18.18 5 105 ILCS 5/34-18.19 6 105 ILCS 5/34-18.20 7 105 ILCS 125/8 from Ch. 122, par. 712.8 8 110 ILCS 12/15 9 110 ILCS 310/1 from Ch. 144, par. 41 10 110 ILCS 520/2 from Ch. 144, par. 652 11 110 ILCS 520/5 from Ch. 144, par. 655 12 110 ILCS 660/5-15 13 110 ILCS 660/5-25 14 110 ILCS 665/10-15 15 110 ILCS 665/10-25 16 110 ILCS 670/15-15 17 110 ILCS 670/15-25 18 110 ILCS 675/20-15 19 110 ILCS 675/20-25 20 110 ILCS 680/25-15 21 110 ILCS 680/25-25 22 110 ILCS 685/30-15 23 110 ILCS 685/30-25 24 110 ILCS 690/35-15 25 110 ILCS 690/35-25 26 110 ILCS 805/2-16.04 27 110 ILCS 805/2-16.05 28 110 ILCS 935/4.10 from Ch. 144, par. 1454.10 29 205 ILCS 405/4.2 from Ch. 17, par. 4810 30 215 ILCS 5/131.12a from Ch. 73, par. 743.12a 31 215 ILCS 5/143.13 from Ch. 73, par. 755.13 32 215 ILCS 5/143.19 from Ch. 73, par. 755.19 33 215 ILCS 93/15 34 215 ILCS 106/22 HB0708 Engrossed -999- LRB9203186EGfg 1 215 ILCS 109/60 2 215 ILCS 125/1-3 from Ch. 111 1/2, par. 1402.1 3 215 ILCS 125/2-7 from Ch. 111 1/2, par. 1407 4 215 ILCS 152/10 5 215 ILCS 155/3 from Ch. 73, par. 1403 6 220 ILCS 5/4-101 from Ch. 111 2/3, par. 4-101 7 225 ILCS 46/15 8 225 ILCS 50/33 from Ch. 111, par. 7433 9 225 ILCS 60/21 from Ch. 111, par. 4400-21 10 225 ILCS 85/9 from Ch. 111, par. 4129 11 225 ILCS 105/23 from Ch. 111, par. 5023 12 225 ILCS 305/3 from Ch. 111, par. 1303 13 225 ILCS 305/8 from Ch. 111, par. 1308 14 225 ILCS 305/12 from Ch. 111, par. 1312 15 225 ILCS 305/38 from Ch. 111, par. 1338 16 225 ILCS 310/4 from Ch. 111, par. 8204 17 225 ILCS 310/30 from Ch. 111, par. 8230 18 225 ILCS 315/15 from Ch. 111, par. 8115 19 225 ILCS 325/4 from Ch. 111, par. 5204 20 225 ILCS 325/23 from Ch. 111, par. 5223 21 225 ILCS 325/44 from Ch. 111, par. 5244 22 225 ILCS 325/47 from Ch. 111, par. 5247 23 225 ILCS 330/4 from Ch. 111, par. 3254 24 225 ILCS 330/48 from Ch. 111, par. 3298 25 225 ILCS 407/5-10 26 225 ILCS 446/30 27 225 ILCS 454/5-20 28 225 ILCS 454/15-20 29 225 ILCS 650/5 from Ch. 56 1/2, par. 305 30 230 ILCS 5/12.1 from Ch. 8, par. 37-12.1 31 230 ILCS 5/28 from Ch. 8, par. 37-28 32 240 ILCS 40/1-10 33 240 ILCS 40/1-15 34 305 ILCS 5/5-2 from Ch. 23, par. 5-2 HB0708 Engrossed -1000- LRB9203186EGfg 1 305 ILCS 5/5-5 from Ch. 23, par. 5-5 2 305 ILCS 5/9-1 from Ch. 23, par. 9-1 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 5/10-10.5 from Ch. 23, par. 10-10.5 7 305 ILCS 5/10-11.1 from Ch. 23, par. 10-11.1 8 305 ILCS 5/10-15 from Ch. 23, par. 10-15 9 305 ILCS 5/10-16 from Ch. 23, par. 10-16 10 305 ILCS 5/10-19 from Ch. 23, par. 10-19 11 305 ILCS 5/12-9 from Ch. 23, par. 12-9 12 320 ILCS 10/2 from Ch. 23, par. 6202 13 320 ILCS 20/2 from Ch. 23, par. 6602 14 320 ILCS 20/3.5 15 325 ILCS 5/4 from Ch. 23, par. 2054 16 405 ILCS 5/2-107.1 from Ch. 91 1/2, par. 2-107.1 17 405 ILCS 5/3-603 from Ch. 91 1/2, par. 3-603 18 405 ILCS 5/3-704 from Ch. 91 1/2, par. 3-704 19 405 ILCS 5/3-820 from Ch. 91 1/2, par. 3-820 20 410 ILCS 65/4 from Ch. 111 1/2, par. 8054 21 410 ILCS 535/25.5 22 415 ILCS 5/19.2 from Ch. 111 1/2, par. 1019.2 23 415 ILCS 5/19.3 from Ch. 111 1/2, par. 1019.3 24 415 ILCS 5/19.4 from Ch. 111 1/2, par. 1019.4 25 415 ILCS 5/19.5 from Ch. 111 1/2, par. 1019.5 26 415 ILCS 5/19.6 from Ch. 111 1/2, par. 1019.6 27 415 ILCS 5/31.1 from Ch. 111 1/2, par. 1031.1 28 415 ILCS 5/55.6 from Ch. 111 1/2, par. 1055.6 29 415 ILCS 5/58.15 30 415 ILCS 5/58.16 31 415 ILCS 45/1 from Ch. 111 1/2, par. 501 32 415 ILCS 45/10 from Ch. 111 1/2, par. 510 33 415 ILCS 65/3 from Ch. 5, par. 853 34 420 ILCS 40/4 from Ch. 111 1/2, par. 210-4 HB0708 Engrossed -1001- LRB9203186EGfg 1 420 ILCS 40/11 from Ch. 111 1/2, par. 210-11 2 420 ILCS 40/25 from Ch. 111 1/2, par. 210-25 3 505 ILCS 82/20 4 510 ILCS 70/16 from Ch. 8, par. 716 5 510 ILCS 77/20 6 605 ILCS 10/20.1 from Ch. 121, par. 100-20.1 7 625 ILCS 5/2-119 from Ch. 95 1/2, par. 2-119 8 625 ILCS 5/3-616 from Ch. 95 1/2, par. 3-616 9 625 ILCS 5/3-818 from Ch. 95 1/2, par. 3-818 10 625 ILCS 5/3-821 from Ch. 95 1/2, par. 3-821 11 625 ILCS 5/6-110.1 12 625 ILCS 5/6-210 from Ch. 95 1/2, par. 6-210 13 625 ILCS 5/7-707 14 625 ILCS 5/11-501.5 from Ch. 95 1/2, par. 11-501.5 15 625 ILCS 5/12-201 from Ch. 95 1/2, par. 12-201 16 705 ILCS 65/6 from Ch. 37, par. 646 17 705 ILCS 78/5 18 705 ILCS 105/27.1 from Ch. 25, par. 27.1 19 705 ILCS 105/27.1a from Ch. 25, par. 27.1a 20 705 ILCS 105/27.2 from Ch. 25, par. 27.2 21 705 ILCS 405/5-130 22 705 ILCS 405/5-160 23 705 ILCS 405/5-170 24 705 ILCS 405/5-615 25 720 ILCS 5/9-3 from Ch. 38, par. 9-3 26 720 ILCS 5/11-15 from Ch. 38, par. 11-15 27 720 ILCS 5/11-18 from Ch. 38, par. 11-18 28 720 ILCS 5/11-20.1 from Ch. 38, par. 11-20.1 29 720 ILCS 5/12-3.2 from Ch. 38, par. 12-3.2 30 720 ILCS 5/12-4 from Ch. 38, par. 12-4 31 720 ILCS 5/12-9 from Ch. 38, par. 12-9 32 720 ILCS 5/12-14.1 33 720 ILCS 5/16-1 from Ch. 38, par. 16-1 34 720 ILCS 5/17-2 from Ch. 38, par. 17-2 HB0708 Engrossed -1002- LRB9203186EGfg 1 720 ILCS 5/17-23 2 720 ILCS 5/17-24 3 720 ILCS 5/Art. 20.5 heading 4 720 ILCS 5/21-1.5 5 720 ILCS 5/26-1 from Ch. 38, par. 26-1 6 720 ILCS 5/33C-5 from Ch. 38, par. 33C-5 7 720 ILCS 5/33E-2 from Ch. 38, par. 33E-2 8 720 ILCS 570/401 from Ch. 56 1/2, par. 1401 9 720 ILCS 570/407 from Ch. 56 1/2, par. 1407 10 725 ILCS 5/110-7 from Ch. 38, par. 110-7 11 725 ILCS 5/114-1 from Ch. 38, par. 114-1 12 725 ILCS 207/15 13 730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3 14 730 ILCS 5/5-5-6 from Ch. 38, par. 1005-5-6 15 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 16 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4 17 730 ILCS 150/6 from Ch. 38, par. 226 18 730 ILCS 150/10 from Ch. 38, par. 230 19 730 ILCS 152/120 20 735 ILCS 5/7-103 from Ch. 110, par. 7-103 21 735 ILCS 5/7-103.48 22 735 ILCS 5/7-103.68 23 735 ILCS 5/7-103.71 new 24 735 ILCS 5/7-103.72 new 25 735 ILCS 5/7-103.73 new 26 735 ILCS 5/7-103.74 new 27 735 ILCS 5/7-103.75 new 28 735 ILCS 5/7-103.76 new 29 735 ILCS 5/7-103.77 new 30 735 ILCS 5/7-103.78 new 31 735 ILCS 5/7-103.79 new 32 735 ILCS 5/7-103.80 new 33 735 ILCS 5/7-103.81 new 34 735 ILCS 5/7-103.82 new HB0708 Engrossed -1003- LRB9203186EGfg 1 735 ILCS 5/7-103.83 new 2 735 ILCS 5/7-103.84 new 3 735 ILCS 5/7-103.85 new 4 735 ILCS 5/7-103.86 new 5 735 ILCS 5/7-103.87 new 6 735 ILCS 5/7-103.88 new 7 735 ILCS 5/7-103.89 new 8 735 ILCS 5/7-103.90 new 9 735 ILCS 5/7-103.91 new 10 735 ILCS 5/7-103.92 new 11 735 ILCS 5/7-103.93 new 12 735 ILCS 5/7-103.94 new 13 735 ILCS 5/7-103.95 new 14 735 ILCS 5/7-103.96 new 15 750 ILCS 5/505 from Ch. 40, par. 505 16 750 ILCS 5/505.2 from Ch. 40, par. 505.2 17 750 ILCS 5/505.3 from Ch. 40, par. 505.3 18 750 ILCS 5/705 from Ch. 40, par. 705 19 750 ILCS 5/709 from Ch. 40, par. 709 20 750 ILCS 5/713 from Ch. 40, par. 713 21 750 ILCS 16/23 new 22 750 ILCS 16/60 23 750 ILCS 25/6 from Ch. 40, par. 2706 24 750 ILCS 45/6 from Ch. 40, par. 2506 25 750 ILCS 45/15 from Ch. 40, par. 2515 26 750 ILCS 45/21 from Ch. 40, par. 2521 27 750 ILCS 50/1 from Ch. 40, par. 1501 28 750 ILCS 50/18.1 from Ch. 40, par. 1522.1 29 755 ILCS 60/2 from Ch. 110 1/2, par. 752 30 765 ILCS 50/3 from Ch. 5, par. 603 31 765 ILCS 1025/2 from Ch. 141, par. 102 32 805 ILCS 5/13.45 from Ch. 32, par. 13.45 33 805 ILCS 5/14.05 from Ch. 32, par. 14.05 34 810 ILCS 5/9-315.02 HB0708 Engrossed -1004- LRB9203186EGfg 1 815 ILCS 307/10-115 2 815 ILCS 390/4 from Ch. 21, par. 204 3 815 ILCS 420/7 from Ch. 121 1/2, par. 1857 4 815 ILCS 510/2 from Ch. 121 1/2, par. 312 5 820 ILCS 130/2 from Ch. 48, par. 39s-2