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| 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 2017 General | ||||||||||||||||||||||||
| 7 | Revisory Act. | ||||||||||||||||||||||||
| 8 | (b) This Act is not intended to make any substantive change | ||||||||||||||||||||||||
| 9 | in the law. It reconciles conflicts that have arisen from | ||||||||||||||||||||||||
| 10 | multiple amendments and enactments and makes technical | ||||||||||||||||||||||||
| 11 | corrections and revisions in the law. | ||||||||||||||||||||||||
| 12 | This Act revises and, where appropriate, renumbers certain | ||||||||||||||||||||||||
| 13 | Sections that have been added or amended by more than one | ||||||||||||||||||||||||
| 14 | Public Act. In certain cases in which a repealed Act or Section | ||||||||||||||||||||||||
| 15 | has been replaced with a successor law, this Act may | ||||||||||||||||||||||||
| 16 | incorporate amendments to the repealed Act or Section into the | ||||||||||||||||||||||||
| 17 | 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 amended | ||||||||||||||||||||||||
| 20 | Section indicates the sources in the Session Laws of Illinois | ||||||||||||||||||||||||
| 21 | that were used in the preparation of the text of that Section. | ||||||||||||||||||||||||
| 22 | The text of the Section included in this Act is intended to | ||||||||||||||||||||||||
| 23 | include the different versions of the Section found in the | ||||||||||||||||||||||||
| 24 | Public Acts included in the list of sources, but may not | ||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | include other versions of the Section to be found in Public | ||||||
| 2 | Acts not included in the list of sources. The list of sources | ||||||
| 3 | is not a part of the text of the Section. | ||||||
| 4 | (d) Public Acts 99-492 through 99-919 were considered in | ||||||
| 5 | the preparation of the combining revisories included in this | ||||||
| 6 | Act. Many of those combining revisories contain no striking or | ||||||
| 7 | underscoring because no additional changes are being made in | ||||||
| 8 | the material that is being combined.
| ||||||
| 9 | Section 5. The Statute on Statutes is amended by changing | ||||||
| 10 | Section 8 as follows:
| ||||||
| 11 | (5 ILCS 70/8) (from Ch. 1, par. 1107)
| ||||||
| 12 | Sec. 8. Omnibus Bond Acts.
| ||||||
| 13 | (a) A citation to the Omnibus Bond Acts is a citation to | ||||||
| 14 | all of the
following Acts, collectively, as amended from time | ||||||
| 15 | to time: the Bond
Authorization Act, the Registered Bond Act, | ||||||
| 16 | the Municipal Bond Reform Act,
the Local Government Debt Reform | ||||||
| 17 | Act, subsection (a) of Section 1-7 of the
Property Tax | ||||||
| 18 | Extension Limitation Act (now repealed),
subsection (a) of | ||||||
| 19 | Section 18-190 of the Property Tax Code,
the Uniform Facsimile | ||||||
| 20 | Signature of Public Officials Act, the Local Government
Bond | ||||||
| 21 | Validity Act, the Illinois Finance Authority Act, the Public | ||||||
| 22 | Funds
Investment Act, the Local
Government Credit Enhancement | ||||||
| 23 | Act, the Local Government Defeasance of Debt
Law, the | ||||||
| 24 | Intergovernmental Cooperation Act, the Local
Government | ||||||
| |||||||
| |||||||
| 1 | Financial Planning and Supervision Act, the Special Assessment
| ||||||
| 2 | Supplemental Bond and Procedures Procedure Act, Section 12-5 of | ||||||
| 3 | the Election Code, the State University Certificates of | ||||||
| 4 | Participation Act, and
any similar Act granting additional
| ||||||
| 5 | omnibus bond
powers to governmental entities generally, | ||||||
| 6 | whether enacted before, on, or
after June 6, 1989 (the | ||||||
| 7 | effective date of Public Act 86-4) this amendatory Act of 1989.
| ||||||
| 8 | (b) The General Assembly recognizes that the proliferation | ||||||
| 9 | of governmental
entities has resulted in the enactment of | ||||||
| 10 | hundreds of statutory provisions
relating to the borrowing and | ||||||
| 11 | other powers of governmental entities. The
General Assembly | ||||||
| 12 | addresses and has addressed problems common to all such
| ||||||
| 13 | governmental entities so that they have equal access to the | ||||||
| 14 | municipal bond
market. It has been, and will continue to be, | ||||||
| 15 | the intention of the General
Assembly to enact legislation | ||||||
| 16 | applicable to governmental entities in an
omnibus fashion, as | ||||||
| 17 | has been done in the provisions of the Omnibus Bond Acts.
| ||||||
| 18 | (c) It is and always has been the intention of the General | ||||||
| 19 | Assembly that
the Omnibus Bond Acts are and always have been | ||||||
| 20 | supplementary grants of
power, cumulative in nature and in | ||||||
| 21 | addition to any power or authority
granted in any other laws of | ||||||
| 22 | the State. The Omnibus Bond Acts are
supplementary grants of | ||||||
| 23 | power when applied in connection with any similar
grant of | ||||||
| 24 | power or limitation contained in any other law of the State,
| ||||||
| 25 | whether or not the other law is enacted or amended after an | ||||||
| 26 | Omnibus Bond
Act or appears to be more restrictive than an | ||||||
| |||||||
| |||||||
| 1 | Omnibus Bond Act, unless the
General Assembly expressly | ||||||
| 2 | declares in such other law that a specifically
named Omnibus | ||||||
| 3 | Bond Act does not apply.
| ||||||
| 4 | (d) All instruments providing for the payment of money | ||||||
| 5 | executed
by or on behalf of any governmental entity organized | ||||||
| 6 | by or under
the laws of this State, including without | ||||||
| 7 | limitation the State, to carry
out a public governmental or | ||||||
| 8 | proprietary function, acting through its
corporate | ||||||
| 9 | authorities, or which any governmental entity has assumed or
| ||||||
| 10 | agreed to pay, which were:
| ||||||
| 11 | (1) issued or authorized to be issued by proceedings | ||||||
| 12 | adopted by such
corporate authorities before June 6, 1989 | ||||||
| 13 | (the effective date of Public Act 86-4) this amendatory Act | ||||||
| 14 | of 1989;
| ||||||
| 15 | (2) issued or authorized to be issued in accordance | ||||||
| 16 | with the procedures
set forth in or pursuant to any | ||||||
| 17 | authorization contained in any of the
Omnibus Bond Acts; | ||||||
| 18 | and
| ||||||
| 19 | (3) issued or authorized to be issued for any purpose | ||||||
| 20 | authorized by the
laws of this State,
are valid and legally | ||||||
| 21 | binding obligations of the governmental entity
issuing | ||||||
| 22 | such instruments, payable in accordance with their terms.
| ||||||
| 23 | (Source: P.A. 96-15, eff. 6-22-09; revised 9-2-16.)
| ||||||
| 24 | Section 10. The Regulatory Sunset Act is amended by | ||||||
| 25 | changing Section 4.37 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (5 ILCS 80/4.37) | ||||||
| 2 | Sec. 4.37. Acts and Articles repealed on January 1, 2027. | ||||||
| 3 | The following Acts are repealed on January 1, 2027: | ||||||
| 4 | The Clinical Psychologist Licensing Act.
| ||||||
| 5 | The Illinois Optometric Practice Act of 1987. | ||||||
| 6 | Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
| ||||||
| 7 | XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
| ||||||
| 8 | The Boiler and Pressure Vessel Repairer Regulation Act. | ||||||
| 9 | (Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16; | ||||||
| 10 | 99-910, eff. 12-16-16; 99-911, eff. 12-16-16; revised 1-3-17.)
| ||||||
| 11 | (5 ILCS 80/4.27 rep.) | ||||||
| 12 | Section 15. The Regulatory Sunset Act is amended by | ||||||
| 13 | repealing Section 4.27.
| ||||||
| 14 | Section 20. The Open Meetings Act is amended by changing | ||||||
| 15 | Section 2 as follows:
| ||||||
| 16 | (5 ILCS 120/2) (from Ch. 102, par. 42)
| ||||||
| 17 | Sec. 2. Open meetings.
| ||||||
| 18 | (a) Openness required. All meetings of public
bodies shall | ||||||
| 19 | be open to the public unless excepted in subsection (c)
and | ||||||
| 20 | closed in accordance with Section 2a.
| ||||||
| 21 | (b) Construction of exceptions. The exceptions contained | ||||||
| 22 | in subsection
(c) are in derogation of the requirement that | ||||||
| |||||||
| |||||||
| 1 | public bodies
meet in the open, and therefore, the exceptions | ||||||
| 2 | are to be strictly
construed, extending only to subjects | ||||||
| 3 | clearly within their scope.
The exceptions authorize but do not | ||||||
| 4 | require the holding of
a closed meeting to discuss a subject | ||||||
| 5 | included within an enumerated exception.
| ||||||
| 6 | (c) Exceptions. A public body may hold closed meetings to | ||||||
| 7 | consider the
following subjects:
| ||||||
| 8 | (1) The appointment, employment, compensation, | ||||||
| 9 | discipline, performance,
or dismissal of specific | ||||||
| 10 | employees of the public body or legal counsel for
the | ||||||
| 11 | public body, including hearing
testimony on a complaint | ||||||
| 12 | lodged against an employee of the public body or
against | ||||||
| 13 | legal counsel for the public body to determine its | ||||||
| 14 | validity. However, a meeting to consider an increase in | ||||||
| 15 | compensation to a specific employee of a public body that | ||||||
| 16 | is subject to the Local Government Wage Increase | ||||||
| 17 | Transparency Act may not be closed and shall be open to the | ||||||
| 18 | public and posted and held in accordance with this Act.
| ||||||
| 19 | (2) Collective negotiating matters between the public | ||||||
| 20 | body and its
employees or their representatives, or | ||||||
| 21 | deliberations concerning salary
schedules for one or more | ||||||
| 22 | classes of employees.
| ||||||
| 23 | (3) The selection of a person to fill a public office,
| ||||||
| 24 | as defined in this Act, including a vacancy in a public | ||||||
| 25 | office, when the public
body is given power to appoint | ||||||
| 26 | under law or ordinance, or the discipline,
performance or | ||||||
| |||||||
| |||||||
| 1 | removal of the occupant of a public office, when the public | ||||||
| 2 | body
is given power to remove the occupant under law or | ||||||
| 3 | ordinance.
| ||||||
| 4 | (4) Evidence or testimony presented in open hearing, or | ||||||
| 5 | in closed
hearing where specifically authorized by law, to
| ||||||
| 6 | a quasi-adjudicative body, as defined in this Act, provided | ||||||
| 7 | that the body
prepares and makes available for public | ||||||
| 8 | inspection a written decision
setting forth its | ||||||
| 9 | determinative reasoning.
| ||||||
| 10 | (5) The purchase or lease of real property for the use | ||||||
| 11 | of
the public body, including meetings held for the purpose | ||||||
| 12 | of discussing
whether a particular parcel should be | ||||||
| 13 | acquired.
| ||||||
| 14 | (6) The setting of a price for sale or lease of | ||||||
| 15 | property owned
by the public body.
| ||||||
| 16 | (7) The sale or purchase of securities, investments, or | ||||||
| 17 | investment
contracts. This exception shall not apply to the | ||||||
| 18 | investment of assets or income of funds deposited into the | ||||||
| 19 | Illinois Prepaid Tuition Trust Fund.
| ||||||
| 20 | (8) Security procedures, school building safety and | ||||||
| 21 | security, and the use of personnel and
equipment to respond | ||||||
| 22 | to an actual, a threatened, or a reasonably
potential | ||||||
| 23 | danger to the safety of employees, students, staff, the | ||||||
| 24 | public, or
public
property.
| ||||||
| 25 | (9) Student disciplinary cases.
| ||||||
| 26 | (10) The placement of individual students in special | ||||||
| |||||||
| |||||||
| 1 | education
programs and other matters relating to | ||||||
| 2 | individual students.
| ||||||
| 3 | (11) Litigation, when an action against, affecting or | ||||||
| 4 | on behalf of the
particular public body has been filed and | ||||||
| 5 | is pending before a court or
administrative tribunal, or | ||||||
| 6 | when the public body finds that an action is
probable or | ||||||
| 7 | imminent, in which case the basis for the finding shall be
| ||||||
| 8 | recorded and entered into the minutes of the closed | ||||||
| 9 | meeting.
| ||||||
| 10 | (12) The establishment of reserves or settlement of | ||||||
| 11 | claims as provided
in the Local Governmental and | ||||||
| 12 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
| 13 | disposition of a claim or potential claim might be
| ||||||
| 14 | prejudiced, or the review or discussion of claims, loss or | ||||||
| 15 | risk management
information, records, data, advice or | ||||||
| 16 | communications from or with respect
to any insurer of the | ||||||
| 17 | public body or any intergovernmental risk management
| ||||||
| 18 | association or self insurance pool of which the public body | ||||||
| 19 | is a member.
| ||||||
| 20 | (13) Conciliation of complaints of discrimination in | ||||||
| 21 | the sale or rental
of housing, when closed meetings are | ||||||
| 22 | authorized by the law or ordinance
prescribing fair housing | ||||||
| 23 | practices and creating a commission or
administrative | ||||||
| 24 | agency for their enforcement.
| ||||||
| 25 | (14) Informant sources, the hiring or assignment of | ||||||
| 26 | undercover personnel
or equipment, or ongoing, prior or | ||||||
| |||||||
| |||||||
| 1 | future criminal investigations, when
discussed by a public | ||||||
| 2 | body with criminal investigatory responsibilities.
| ||||||
| 3 | (15) Professional ethics or performance when | ||||||
| 4 | considered by an advisory
body appointed to advise a | ||||||
| 5 | licensing or regulatory agency on matters
germane to the | ||||||
| 6 | advisory body's field of competence.
| ||||||
| 7 | (16) Self evaluation, practices and procedures or | ||||||
| 8 | professional ethics,
when meeting with a representative of | ||||||
| 9 | a statewide association of which the
public body is a | ||||||
| 10 | member.
| ||||||
| 11 | (17) The recruitment, credentialing, discipline or | ||||||
| 12 | formal peer review
of physicians or other
health care | ||||||
| 13 | professionals, or for the discussion of matters protected | ||||||
| 14 | under the federal Patient Safety and Quality Improvement | ||||||
| 15 | Act of 2005, and the regulations promulgated thereunder, | ||||||
| 16 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
| 17 | Health Insurance Portability and Accountability Act of | ||||||
| 18 | 1996, and the regulations promulgated thereunder, | ||||||
| 19 | including 45 C.F.R. Parts 160, 162, and 164, by a hospital, | ||||||
| 20 | or
other institution providing medical care, that is | ||||||
| 21 | operated by the public body.
| ||||||
| 22 | (18) Deliberations for decisions of the Prisoner | ||||||
| 23 | Review Board.
| ||||||
| 24 | (19) Review or discussion of applications received | ||||||
| 25 | under the
Experimental Organ Transplantation Procedures | ||||||
| 26 | Act.
| ||||||
| |||||||
| |||||||
| 1 | (20) The classification and discussion of matters | ||||||
| 2 | classified as
confidential or continued confidential by | ||||||
| 3 | the State Government Suggestion Award
Board.
| ||||||
| 4 | (21) Discussion of minutes of meetings lawfully closed | ||||||
| 5 | under this Act,
whether for purposes of approval by the | ||||||
| 6 | body of the minutes or semi-annual
review of the minutes as | ||||||
| 7 | mandated by Section 2.06.
| ||||||
| 8 | (22) Deliberations for decisions of the State
| ||||||
| 9 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
| 10 | (23) The operation by a municipality of a municipal | ||||||
| 11 | utility or the
operation of a
municipal power agency or | ||||||
| 12 | municipal natural gas agency when the
discussion involves | ||||||
| 13 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
| 14 | of electricity or natural gas or (ii) the results
or | ||||||
| 15 | conclusions of load forecast studies.
| ||||||
| 16 | (24) Meetings of a residential health care facility | ||||||
| 17 | resident sexual
assault and death review
team or
the | ||||||
| 18 | Executive
Council under the Abuse Prevention Review
Team | ||||||
| 19 | Act.
| ||||||
| 20 | (25) Meetings of an independent team of experts under | ||||||
| 21 | Brian's Law. | ||||||
| 22 | (26) Meetings of a mortality review team appointed | ||||||
| 23 | under the Department of Juvenile Justice Mortality Review | ||||||
| 24 | Team Act. | ||||||
| 25 | (27) (Blank). | ||||||
| 26 | (28) Correspondence and records (i) that may not be | ||||||
| |||||||
| |||||||
| 1 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
| 2 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
| 3 | the Illinois Public Aid Code. | ||||||
| 4 | (29) Meetings between internal or external auditors | ||||||
| 5 | and governmental audit committees, finance committees, and | ||||||
| 6 | their equivalents, when the discussion involves internal | ||||||
| 7 | control weaknesses, identification of potential fraud risk | ||||||
| 8 | areas, known or suspected frauds, and fraud interviews | ||||||
| 9 | conducted in accordance with generally accepted auditing | ||||||
| 10 | standards of the United States of America. | ||||||
| 11 | (30) Those meetings or portions of meetings of a | ||||||
| 12 | fatality review team or the Illinois Fatality Review Team | ||||||
| 13 | Advisory Council during which a review of the death of an | ||||||
| 14 | eligible adult in which abuse or neglect is suspected, | ||||||
| 15 | alleged, or substantiated is conducted pursuant to Section | ||||||
| 16 | 15 of the Adult Protective Services Act. | ||||||
| 17 | (31) Meetings and deliberations for decisions of the | ||||||
| 18 | Concealed Carry Licensing Review Board under the Firearm | ||||||
| 19 | Concealed Carry Act. | ||||||
| 20 | (32) Meetings between the Regional Transportation | ||||||
| 21 | Authority Board and its Service Boards when the discussion | ||||||
| 22 | involves review by the Regional Transportation Authority | ||||||
| 23 | Board of employment contracts under Section 28d of the | ||||||
| 24 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
| 25 | 3B.26 of the Regional Transportation Authority Act. | ||||||
| 26 | (33) Those meetings or portions of meetings of the | ||||||
| |||||||
| |||||||
| 1 | advisory committee and peer review subcommittee created | ||||||
| 2 | under Section 320 of the Illinois Controlled Substances Act | ||||||
| 3 | during which specific controlled substance prescriber, | ||||||
| 4 | dispenser, or patient information is discussed. | ||||||
| 5 | (d) Definitions. For purposes of this Section:
| ||||||
| 6 | "Employee" means a person employed by a public body whose | ||||||
| 7 | relationship
with the public body constitutes an | ||||||
| 8 | employer-employee relationship under
the usual common law | ||||||
| 9 | rules, and who is not an independent contractor.
| ||||||
| 10 | "Public office" means a position created by or under the
| ||||||
| 11 | Constitution or laws of this State, the occupant of which is | ||||||
| 12 | charged with
the exercise of some portion of the sovereign | ||||||
| 13 | power of this State. The term
"public office" shall include | ||||||
| 14 | members of the public body, but it shall not
include | ||||||
| 15 | organizational positions filled by members thereof, whether
| ||||||
| 16 | established by law or by a public body itself, that exist to | ||||||
| 17 | assist the
body in the conduct of its business.
| ||||||
| 18 | "Quasi-adjudicative body" means an administrative body | ||||||
| 19 | charged by law or
ordinance with the responsibility to conduct | ||||||
| 20 | hearings, receive evidence or
testimony and make | ||||||
| 21 | determinations based
thereon, but does not include
local | ||||||
| 22 | electoral boards when such bodies are considering petition | ||||||
| 23 | challenges.
| ||||||
| 24 | (e) Final action. No final action may be taken at a closed | ||||||
| 25 | meeting.
Final action shall be preceded by a public recital of | ||||||
| 26 | the nature of the
matter being considered and other information | ||||||
| |||||||
| |||||||
| 1 | that will inform the
public of the business being conducted.
| ||||||
| 2 | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | ||||||
| 3 | eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; | ||||||
| 4 | 99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15; | ||||||
| 5 | 99-642, eff. 7-28-16; 99-646, eff. 7-28-16; 99-687, eff. | ||||||
| 6 | 1-1-17; revised 9-21-16.)
| ||||||
| 7 | Section 25. The Freedom of Information Act is amended by | ||||||
| 8 | changing Sections 7 and 7.5 as follows:
| ||||||
| 9 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
| 10 | Sec. 7. Exemptions.
| ||||||
| 11 | (1) When a request is made to inspect or copy a public | ||||||
| 12 | record that contains information that is exempt from disclosure | ||||||
| 13 | under this Section, but also contains information that is not | ||||||
| 14 | exempt from disclosure, the public body may elect to redact the | ||||||
| 15 | information that is exempt. The public body shall make the | ||||||
| 16 | remaining information available for inspection and copying. | ||||||
| 17 | Subject to this requirement, the following shall be exempt from | ||||||
| 18 | inspection and copying:
| ||||||
| 19 | (a) Information specifically prohibited from | ||||||
| 20 | disclosure by federal or
State law or rules and regulations | ||||||
| 21 | implementing federal or State law.
| ||||||
| 22 | (b) Private information, unless disclosure is required | ||||||
| 23 | by another provision of this Act, a State or federal law or | ||||||
| 24 | a court order. | ||||||
| |||||||
| |||||||
| 1 | (b-5) Files, documents, and other data or databases | ||||||
| 2 | maintained by one or more law enforcement agencies and | ||||||
| 3 | specifically designed to provide information to one or more | ||||||
| 4 | law enforcement agencies regarding the physical or mental | ||||||
| 5 | status of one or more individual subjects. | ||||||
| 6 | (c) Personal information contained within public | ||||||
| 7 | records, the disclosure of which would constitute a clearly
| ||||||
| 8 | unwarranted invasion of personal privacy, unless the | ||||||
| 9 | disclosure is
consented to in writing by the individual | ||||||
| 10 | subjects of the information. "Unwarranted invasion of | ||||||
| 11 | personal privacy" means the disclosure of information that | ||||||
| 12 | is highly personal or objectionable to a reasonable person | ||||||
| 13 | and in which the subject's right to privacy outweighs any | ||||||
| 14 | legitimate public interest in obtaining the information. | ||||||
| 15 | The
disclosure of information that bears on the public | ||||||
| 16 | duties of public
employees and officials shall not be | ||||||
| 17 | considered an invasion of personal
privacy.
| ||||||
| 18 | (d) Records in the possession of any public body | ||||||
| 19 | created in the course of administrative enforcement
| ||||||
| 20 | proceedings, and any law enforcement or correctional | ||||||
| 21 | agency for
law enforcement purposes,
but only to the extent | ||||||
| 22 | that disclosure would:
| ||||||
| 23 | (i) interfere with pending or actually and | ||||||
| 24 | reasonably contemplated
law enforcement proceedings | ||||||
| 25 | conducted by any law enforcement or correctional
| ||||||
| 26 | agency that is the recipient of the request;
| ||||||
| |||||||
| |||||||
| 1 | (ii) interfere with active administrative | ||||||
| 2 | enforcement proceedings
conducted by the public body | ||||||
| 3 | that is the recipient of the request;
| ||||||
| 4 | (iii) create a substantial likelihood that a | ||||||
| 5 | person will be deprived of a fair trial or an impartial | ||||||
| 6 | hearing;
| ||||||
| 7 | (iv) unavoidably disclose the identity of a | ||||||
| 8 | confidential source, confidential information | ||||||
| 9 | furnished only by the confidential source, or persons | ||||||
| 10 | who file complaints with or provide information to | ||||||
| 11 | administrative, investigative, law enforcement, or | ||||||
| 12 | penal agencies; except that the identities of | ||||||
| 13 | witnesses to traffic accidents, traffic accident | ||||||
| 14 | reports, and rescue reports shall be provided by | ||||||
| 15 | agencies of local government, except when disclosure | ||||||
| 16 | would interfere with an active criminal investigation | ||||||
| 17 | conducted by the agency that is the recipient of the | ||||||
| 18 | request;
| ||||||
| 19 | (v) disclose unique or specialized investigative | ||||||
| 20 | techniques other than
those generally used and known or | ||||||
| 21 | disclose internal documents of
correctional agencies | ||||||
| 22 | related to detection, observation or investigation of
| ||||||
| 23 | incidents of crime or misconduct, and disclosure would | ||||||
| 24 | result in demonstrable harm to the agency or public | ||||||
| 25 | body that is the recipient of the request;
| ||||||
| 26 | (vi) endanger the life or physical safety of law | ||||||
| |||||||
| |||||||
| 1 | enforcement personnel
or any other person; or
| ||||||
| 2 | (vii) obstruct an ongoing criminal investigation | ||||||
| 3 | by the agency that is the recipient of the request.
| ||||||
| 4 | (d-5) A law enforcement record created for law | ||||||
| 5 | enforcement purposes and contained in a shared electronic | ||||||
| 6 | record management system if the law enforcement agency that | ||||||
| 7 | is the recipient of the request did not create the record, | ||||||
| 8 | did not participate in or have a role in any of the events | ||||||
| 9 | which are the subject of the record, and only has access to | ||||||
| 10 | the record through the shared electronic record management | ||||||
| 11 | system. | ||||||
| 12 | (e) Records that relate to or affect the security of | ||||||
| 13 | correctional
institutions and detention facilities.
| ||||||
| 14 | (e-5) Records requested by persons committed to the | ||||||
| 15 | Department of Corrections if those materials are available | ||||||
| 16 | in the library of the correctional facility where the | ||||||
| 17 | inmate is confined. | ||||||
| 18 | (e-6) Records requested by persons committed to the | ||||||
| 19 | Department of Corrections if those materials include | ||||||
| 20 | records from staff members' personnel files, staff | ||||||
| 21 | rosters, or other staffing assignment information. | ||||||
| 22 | (e-7) Records requested by persons committed to the | ||||||
| 23 | Department of Corrections if those materials are available | ||||||
| 24 | through an administrative request to the Department of | ||||||
| 25 | Corrections. | ||||||
| 26 | (f) Preliminary drafts, notes, recommendations, | ||||||
| |||||||
| |||||||
| 1 | memoranda and other
records in which opinions are | ||||||
| 2 | expressed, or policies or actions are
formulated, except | ||||||
| 3 | that a specific record or relevant portion of a
record | ||||||
| 4 | shall not be exempt when the record is publicly cited
and | ||||||
| 5 | identified by the head of the public body. The exemption | ||||||
| 6 | provided in
this paragraph (f) extends to all those records | ||||||
| 7 | of officers and agencies
of the General Assembly that | ||||||
| 8 | pertain to the preparation of legislative
documents.
| ||||||
| 9 | (g) Trade secrets and commercial or financial | ||||||
| 10 | information obtained from
a person or business where the | ||||||
| 11 | trade secrets or commercial or financial information are | ||||||
| 12 | furnished under a claim that they are
proprietary, | ||||||
| 13 | privileged or confidential, and that disclosure of the | ||||||
| 14 | trade
secrets or commercial or financial information would | ||||||
| 15 | cause competitive harm to the person or business, and only | ||||||
| 16 | insofar as the claim directly applies to the records | ||||||
| 17 | requested. | ||||||
| 18 | The information included under this exemption includes | ||||||
| 19 | all trade secrets and commercial or financial information | ||||||
| 20 | obtained by a public body, including a public pension fund, | ||||||
| 21 | from a private equity fund or a privately held company | ||||||
| 22 | within the investment portfolio of a private equity fund as | ||||||
| 23 | a result of either investing or evaluating a potential | ||||||
| 24 | investment of public funds in a private equity fund. The | ||||||
| 25 | exemption contained in this item does not apply to the | ||||||
| 26 | aggregate financial performance information of a private | ||||||
| |||||||
| |||||||
| 1 | equity fund, nor to the identity of the fund's managers or | ||||||
| 2 | general partners. The exemption contained in this item does | ||||||
| 3 | not apply to the identity of a privately held company | ||||||
| 4 | within the investment portfolio of a private equity fund, | ||||||
| 5 | unless the disclosure of the identity of a privately held | ||||||
| 6 | company may cause competitive harm. | ||||||
| 7 | Nothing contained in this
paragraph (g) shall be | ||||||
| 8 | construed to prevent a person or business from
consenting | ||||||
| 9 | to disclosure.
| ||||||
| 10 | (h) Proposals and bids for any contract, grant, or | ||||||
| 11 | agreement, including
information which if it were | ||||||
| 12 | disclosed would frustrate procurement or give
an advantage | ||||||
| 13 | to any person proposing to enter into a contractor | ||||||
| 14 | agreement
with the body, until an award or final selection | ||||||
| 15 | is made. Information
prepared by or for the body in | ||||||
| 16 | preparation of a bid solicitation shall be
exempt until an | ||||||
| 17 | award or final selection is made.
| ||||||
| 18 | (i) Valuable formulae,
computer geographic systems,
| ||||||
| 19 | designs, drawings and research data obtained or
produced by | ||||||
| 20 | any public body when disclosure could reasonably be | ||||||
| 21 | expected to
produce private gain or public loss.
The | ||||||
| 22 | exemption for "computer geographic systems" provided in | ||||||
| 23 | this paragraph
(i) does not extend to requests made by news | ||||||
| 24 | media as defined in Section 2 of
this Act when the | ||||||
| 25 | requested information is not otherwise exempt and the only
| ||||||
| 26 | purpose of the request is to access and disseminate | ||||||
| |||||||
| |||||||
| 1 | information regarding the
health, safety, welfare, or | ||||||
| 2 | legal rights of the general public.
| ||||||
| 3 | (j) The following information pertaining to | ||||||
| 4 | educational matters: | ||||||
| 5 | (i) test questions, scoring keys and other | ||||||
| 6 | examination data used to
administer an academic | ||||||
| 7 | examination;
| ||||||
| 8 | (ii) information received by a primary or | ||||||
| 9 | secondary school, college, or university under its | ||||||
| 10 | procedures for the evaluation of faculty members by | ||||||
| 11 | their academic peers; | ||||||
| 12 | (iii) information concerning a school or | ||||||
| 13 | university's adjudication of student disciplinary | ||||||
| 14 | cases, but only to the extent that disclosure would | ||||||
| 15 | unavoidably reveal the identity of the student; and | ||||||
| 16 | (iv) course materials or research materials used | ||||||
| 17 | by faculty members. | ||||||
| 18 | (k) Architects' plans, engineers' technical | ||||||
| 19 | submissions, and
other
construction related technical | ||||||
| 20 | documents for
projects not constructed or developed in | ||||||
| 21 | whole or in part with public funds
and the same for | ||||||
| 22 | projects constructed or developed with public funds, | ||||||
| 23 | including but not limited to power generating and | ||||||
| 24 | distribution stations and other transmission and | ||||||
| 25 | distribution facilities, water treatment facilities, | ||||||
| 26 | airport facilities, sport stadiums, convention centers, | ||||||
| |||||||
| |||||||
| 1 | and all government owned, operated, or occupied buildings, | ||||||
| 2 | but
only to the extent
that disclosure would compromise | ||||||
| 3 | security.
| ||||||
| 4 | (l) Minutes of meetings of public bodies closed to the
| ||||||
| 5 | public as provided in the Open Meetings Act until the | ||||||
| 6 | public body
makes the minutes available to the public under | ||||||
| 7 | Section 2.06 of the Open
Meetings Act.
| ||||||
| 8 | (m) Communications between a public body and an | ||||||
| 9 | attorney or auditor
representing the public body that would | ||||||
| 10 | not be subject to discovery in
litigation, and materials | ||||||
| 11 | prepared or compiled by or for a public body in
| ||||||
| 12 | anticipation of a criminal, civil or administrative | ||||||
| 13 | proceeding upon the
request of an attorney advising the | ||||||
| 14 | public body, and materials prepared or
compiled with | ||||||
| 15 | respect to internal audits of public bodies.
| ||||||
| 16 | (n) Records relating to a public body's adjudication of | ||||||
| 17 | employee grievances or disciplinary cases; however, this | ||||||
| 18 | exemption shall not extend to the final outcome of cases in | ||||||
| 19 | which discipline is imposed.
| ||||||
| 20 | (o) Administrative or technical information associated | ||||||
| 21 | with automated
data processing operations, including but | ||||||
| 22 | not limited to software,
operating protocols, computer | ||||||
| 23 | program abstracts, file layouts, source
listings, object | ||||||
| 24 | modules, load modules, user guides, documentation
| ||||||
| 25 | pertaining to all logical and physical design of | ||||||
| 26 | computerized systems,
employee manuals, and any other | ||||||
| |||||||
| |||||||
| 1 | information that, if disclosed, would
jeopardize the | ||||||
| 2 | security of the system or its data or the security of
| ||||||
| 3 | materials exempt under this Section.
| ||||||
| 4 | (p) Records relating to collective negotiating matters
| ||||||
| 5 | between public bodies and their employees or | ||||||
| 6 | representatives, except that
any final contract or | ||||||
| 7 | agreement shall be subject to inspection and copying.
| ||||||
| 8 | (q) Test questions, scoring keys, and other | ||||||
| 9 | examination data used to determine the qualifications of an | ||||||
| 10 | applicant for a license or employment.
| ||||||
| 11 | (r) The records, documents, and information relating | ||||||
| 12 | to real estate
purchase negotiations until those | ||||||
| 13 | negotiations have been completed or
otherwise terminated. | ||||||
| 14 | With regard to a parcel involved in a pending or
actually | ||||||
| 15 | and reasonably contemplated eminent domain proceeding | ||||||
| 16 | under the Eminent Domain Act, records, documents and
| ||||||
| 17 | information relating to that parcel shall be exempt except | ||||||
| 18 | as may be
allowed under discovery rules adopted by the | ||||||
| 19 | Illinois Supreme Court. The
records, documents and | ||||||
| 20 | information relating to a real estate sale shall be
exempt | ||||||
| 21 | until a sale is consummated.
| ||||||
| 22 | (s) Any and all proprietary information and records | ||||||
| 23 | related to the
operation of an intergovernmental risk | ||||||
| 24 | management association or
self-insurance pool or jointly | ||||||
| 25 | self-administered health and accident
cooperative or pool.
| ||||||
| 26 | Insurance or self insurance (including any | ||||||
| |||||||
| |||||||
| 1 | intergovernmental risk management association or self | ||||||
| 2 | insurance pool) claims, loss or risk management | ||||||
| 3 | information, records, data, advice or communications.
| ||||||
| 4 | (t) Information contained in or related to | ||||||
| 5 | examination, operating, or
condition reports prepared by, | ||||||
| 6 | on behalf of, or for the use of a public
body responsible | ||||||
| 7 | for the regulation or supervision of financial
| ||||||
| 8 | institutions or insurance companies, unless disclosure is | ||||||
| 9 | otherwise
required by State law.
| ||||||
| 10 | (u) Information that would disclose
or might lead to | ||||||
| 11 | the disclosure of
secret or confidential information, | ||||||
| 12 | codes, algorithms, programs, or private
keys intended to be | ||||||
| 13 | used to create electronic or digital signatures under the
| ||||||
| 14 | Electronic Commerce Security Act.
| ||||||
| 15 | (v) Vulnerability assessments, security measures, and | ||||||
| 16 | response policies
or plans that are designed to identify, | ||||||
| 17 | prevent, or respond to potential
attacks upon a community's | ||||||
| 18 | population or systems, facilities, or installations,
the | ||||||
| 19 | destruction or contamination of which would constitute a | ||||||
| 20 | clear and present
danger to the health or safety of the | ||||||
| 21 | community, but only to the extent that
disclosure could | ||||||
| 22 | reasonably be expected to jeopardize the effectiveness of | ||||||
| 23 | the
measures or the safety of the personnel who implement | ||||||
| 24 | them or the public.
Information exempt under this item may | ||||||
| 25 | include such things as details
pertaining to the | ||||||
| 26 | mobilization or deployment of personnel or equipment, to | ||||||
| |||||||
| |||||||
| 1 | the
operation of communication systems or protocols, or to | ||||||
| 2 | tactical operations.
| ||||||
| 3 | (w) (Blank). | ||||||
| 4 | (x) Maps and other records regarding the location or | ||||||
| 5 | security of generation, transmission, distribution, | ||||||
| 6 | storage, gathering,
treatment, or switching facilities | ||||||
| 7 | owned by a utility, by a power generator, or by the | ||||||
| 8 | Illinois Power Agency.
| ||||||
| 9 | (y) Information contained in or related to proposals, | ||||||
| 10 | bids, or negotiations related to electric power | ||||||
| 11 | procurement under Section 1-75 of the Illinois Power Agency | ||||||
| 12 | Act and Section 16-111.5 of the Public Utilities Act that | ||||||
| 13 | is determined to be confidential and proprietary by the | ||||||
| 14 | Illinois Power Agency or by the Illinois Commerce | ||||||
| 15 | Commission.
| ||||||
| 16 | (z) Information about students exempted from | ||||||
| 17 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
| 18 | School Code, and information about undergraduate students | ||||||
| 19 | enrolled at an institution of higher education exempted | ||||||
| 20 | from disclosure under Section 25 of the Illinois Credit | ||||||
| 21 | Card Marketing Act of 2009. | ||||||
| 22 | (aa) Information the disclosure of which is
exempted | ||||||
| 23 | under the Viatical Settlements Act of 2009.
| ||||||
| 24 | (bb) Records and information provided to a mortality | ||||||
| 25 | review team and records maintained by a mortality review | ||||||
| 26 | team appointed under the Department of Juvenile Justice | ||||||
| |||||||
| |||||||
| 1 | Mortality Review Team Act. | ||||||
| 2 | (cc) Information regarding interments, entombments, or | ||||||
| 3 | inurnments of human remains that are submitted to the | ||||||
| 4 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
| 5 | the Cemetery Oversight Act, whichever is applicable. | ||||||
| 6 | (dd) Correspondence and records (i) that may not be | ||||||
| 7 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
| 8 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
| 9 | the Illinois Public Aid Code. | ||||||
| 10 | (ee) The names, addresses, or other personal | ||||||
| 11 | information of persons who are minors and are also | ||||||
| 12 | participants and registrants in programs of park | ||||||
| 13 | districts, forest preserve districts, conservation | ||||||
| 14 | districts, recreation agencies, and special recreation | ||||||
| 15 | associations. | ||||||
| 16 | (ff) The names, addresses, or other personal | ||||||
| 17 | information of participants and registrants in programs of | ||||||
| 18 | park districts, forest preserve districts, conservation | ||||||
| 19 | districts, recreation agencies, and special recreation | ||||||
| 20 | associations where such programs are targeted primarily to | ||||||
| 21 | minors. | ||||||
| 22 | (gg) Confidential information described in Section | ||||||
| 23 | 1-100 of the Illinois Independent Tax Tribunal Act of 2012. | ||||||
| 24 | (hh) The report submitted to the State Board of | ||||||
| 25 | Education by the School Security and Standards Task Force | ||||||
| 26 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
| |||||||
| |||||||
| 1 | School Code and any information contained in that report. | ||||||
| 2 | (ii) Records requested by persons committed to or | ||||||
| 3 | detained by the Department of Human Services under the | ||||||
| 4 | Sexually Violent Persons Commitment Act or committed to the | ||||||
| 5 | Department of Corrections under the Sexually Dangerous | ||||||
| 6 | Persons Act if those materials: (i) are available in the | ||||||
| 7 | library of the facility where the individual is confined; | ||||||
| 8 | (ii) include records from staff members' personnel files, | ||||||
| 9 | staff rosters, or other staffing assignment information; | ||||||
| 10 | or (iii) are available through an administrative request to | ||||||
| 11 | the Department of Human Services or the Department of | ||||||
| 12 | Corrections. | ||||||
| 13 | (jj) Confidential information described in Section | ||||||
| 14 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
| 15 | (1.5) Any information exempt from disclosure under the | ||||||
| 16 | Judicial Privacy Act shall be redacted from public records | ||||||
| 17 | prior to disclosure under this Act. | ||||||
| 18 | (2) A public record that is not in the possession of a | ||||||
| 19 | public body but is in the possession of a party with whom the | ||||||
| 20 | agency has contracted to perform a governmental function on | ||||||
| 21 | behalf of the public body, and that directly relates to the | ||||||
| 22 | governmental function and is not otherwise exempt under this | ||||||
| 23 | Act, shall be considered a public record of the public body, | ||||||
| 24 | for purposes of this Act. | ||||||
| 25 | (3) This Section does not authorize withholding of | ||||||
| 26 | information or limit the
availability of records to the public, | ||||||
| |||||||
| |||||||
| 1 | except as stated in this Section or
otherwise provided in this | ||||||
| 2 | Act.
| ||||||
| 3 | (Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13; | ||||||
| 4 | 98-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; | ||||||
| 5 | 99-642, eff. 7-28-16; revised 10-25-16.)
| ||||||
| 6 | (5 ILCS 140/7.5) | ||||||
| 7 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
| 8 | by the statutes referenced below, the following shall be exempt | ||||||
| 9 | from inspection and copying: | ||||||
| 10 | (a) All information determined to be confidential | ||||||
| 11 | under Section 4002 of the Technology Advancement and | ||||||
| 12 | Development Act. | ||||||
| 13 | (b) Library circulation and order records identifying | ||||||
| 14 | library users with specific materials under the Library | ||||||
| 15 | Records Confidentiality Act. | ||||||
| 16 | (c) Applications, related documents, and medical | ||||||
| 17 | records received by the Experimental Organ Transplantation | ||||||
| 18 | Procedures Board and any and all documents or other records | ||||||
| 19 | prepared by the Experimental Organ Transplantation | ||||||
| 20 | Procedures Board or its staff relating to applications it | ||||||
| 21 | has received. | ||||||
| 22 | (d) Information and records held by the Department of | ||||||
| 23 | Public Health and its authorized representatives relating | ||||||
| 24 | to known or suspected cases of sexually transmissible | ||||||
| 25 | disease or any information the disclosure of which is | ||||||
| |||||||
| |||||||
| 1 | restricted under the Illinois Sexually Transmissible | ||||||
| 2 | Disease Control Act. | ||||||
| 3 | (e) Information the disclosure of which is exempted | ||||||
| 4 | under Section 30 of the Radon Industry Licensing Act. | ||||||
| 5 | (f) Firm performance evaluations under Section 55 of | ||||||
| 6 | the Architectural, Engineering, and Land Surveying | ||||||
| 7 | Qualifications Based Selection Act. | ||||||
| 8 | (g) Information the disclosure of which is restricted | ||||||
| 9 | and exempted under Section 50 of the Illinois Prepaid | ||||||
| 10 | Tuition Act. | ||||||
| 11 | (h) Information the disclosure of which is exempted | ||||||
| 12 | under the State Officials and Employees Ethics Act, and | ||||||
| 13 | records of any lawfully created State or local inspector | ||||||
| 14 | general's office that would be exempt if created or | ||||||
| 15 | obtained by an Executive Inspector General's office under | ||||||
| 16 | that Act. | ||||||
| 17 | (i) Information contained in a local emergency energy | ||||||
| 18 | plan submitted to a municipality in accordance with a local | ||||||
| 19 | emergency energy plan ordinance that is adopted under | ||||||
| 20 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
| 21 | (j) Information and data concerning the distribution | ||||||
| 22 | of surcharge moneys collected and remitted by wireless | ||||||
| 23 | carriers under the Wireless Emergency Telephone Safety | ||||||
| 24 | Act. | ||||||
| 25 | (k) Law enforcement officer identification information | ||||||
| 26 | or driver identification information compiled by a law | ||||||
| |||||||
| |||||||
| 1 | enforcement agency or the Department of Transportation | ||||||
| 2 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
| 3 | (l) Records and information provided to a residential | ||||||
| 4 | health care facility resident sexual assault and death | ||||||
| 5 | review team or the Executive Council under the Abuse | ||||||
| 6 | Prevention Review Team Act. | ||||||
| 7 | (m) Information provided to the predatory lending | ||||||
| 8 | database created pursuant to Article 3 of the Residential | ||||||
| 9 | Real Property Disclosure Act, except to the extent | ||||||
| 10 | authorized under that Article. | ||||||
| 11 | (n) Defense budgets and petitions for certification of | ||||||
| 12 | compensation and expenses for court appointed trial | ||||||
| 13 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
| 14 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
| 15 | until the conclusion of the trial of the case, even if the | ||||||
| 16 | prosecution chooses not to pursue the death penalty prior | ||||||
| 17 | to trial or sentencing. | ||||||
| 18 | (o) Information that is prohibited from being | ||||||
| 19 | disclosed under Section 4 of the Illinois Health and | ||||||
| 20 | Hazardous Substances Registry Act. | ||||||
| 21 | (p) Security portions of system safety program plans, | ||||||
| 22 | investigation reports, surveys, schedules, lists, data, or | ||||||
| 23 | information compiled, collected, or prepared by or for the | ||||||
| 24 | Regional Transportation Authority under Section 2.11 of | ||||||
| 25 | the Regional Transportation Authority Act or the St. Clair | ||||||
| 26 | County Transit District under the Bi-State Transit Safety | ||||||
| |||||||
| |||||||
| 1 | Act. | ||||||
| 2 | (q) Information prohibited from being disclosed by the | ||||||
| 3 | Personnel Records Review Act. | ||||||
| 4 | (r) Information prohibited from being disclosed by the | ||||||
| 5 | Illinois School Student Records Act. | ||||||
| 6 | (s) Information the disclosure of which is restricted | ||||||
| 7 | under Section 5-108 of the Public Utilities Act.
| ||||||
| 8 | (t) All identified or deidentified health information | ||||||
| 9 | in the form of health data or medical records contained in, | ||||||
| 10 | stored in, submitted to, transferred by, or released from | ||||||
| 11 | the Illinois Health Information Exchange, and identified | ||||||
| 12 | or deidentified health information in the form of health | ||||||
| 13 | data and medical records of the Illinois Health Information | ||||||
| 14 | Exchange in the possession of the Illinois Health | ||||||
| 15 | Information Exchange Authority due to its administration | ||||||
| 16 | of the Illinois Health Information Exchange. The terms | ||||||
| 17 | "identified" and "deidentified" shall be given the same | ||||||
| 18 | meaning as in the Health Insurance Portability and | ||||||
| 19 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
| 20 | subsequent amendments thereto, and any regulations | ||||||
| 21 | promulgated thereunder. | ||||||
| 22 | (u) Records and information provided to an independent | ||||||
| 23 | team of experts under Brian's Law. | ||||||
| 24 | (v) Names and information of people who have applied | ||||||
| 25 | for or received Firearm Owner's Identification Cards under | ||||||
| 26 | the Firearm Owners Identification Card Act or applied for | ||||||
| |||||||
| |||||||
| 1 | or received a concealed carry license under the Firearm | ||||||
| 2 | Concealed Carry Act, unless otherwise authorized by the | ||||||
| 3 | Firearm Concealed Carry Act; and databases under the | ||||||
| 4 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
| 5 | Licensing Review Board under the Firearm Concealed Carry | ||||||
| 6 | Act, and law enforcement agency objections under the | ||||||
| 7 | Firearm Concealed Carry Act. | ||||||
| 8 | (w) Personally identifiable information which is | ||||||
| 9 | exempted from disclosure under subsection (g) of Section | ||||||
| 10 | 19.1 of the Toll Highway Act. | ||||||
| 11 | (x) Information which is exempted from disclosure | ||||||
| 12 | under Section 5-1014.3 of the Counties Code or Section | ||||||
| 13 | 8-11-21 of the Illinois Municipal Code. | ||||||
| 14 | (y) Confidential information under the Adult | ||||||
| 15 | Protective Services Act and its predecessor enabling | ||||||
| 16 | statute, the Elder Abuse and Neglect Act, including | ||||||
| 17 | information about the identity and administrative finding | ||||||
| 18 | against any caregiver of a verified and substantiated | ||||||
| 19 | decision of abuse, neglect, or financial exploitation of an | ||||||
| 20 | eligible adult maintained in the Registry established | ||||||
| 21 | under Section 7.5 of the Adult Protective Services Act. | ||||||
| 22 | (z) Records and information provided to a fatality | ||||||
| 23 | review team or the Illinois Fatality Review Team Advisory | ||||||
| 24 | Council under Section 15 of the Adult Protective Services | ||||||
| 25 | Act. | ||||||
| 26 | (aa) Information which is exempted from disclosure | ||||||
| |||||||
| |||||||
| 1 | under Section 2.37 of the Wildlife Code. | ||||||
| 2 | (bb) Information which is or was prohibited from | ||||||
| 3 | disclosure by the Juvenile Court Act of 1987. | ||||||
| 4 | (cc) Recordings made under the Law Enforcement | ||||||
| 5 | Officer-Worn Body Camera Act, except to the extent | ||||||
| 6 | authorized under that Act. | ||||||
| 7 | (dd) Information that is prohibited from being | ||||||
| 8 | disclosed under Section 45 of the Condominium and Common | ||||||
| 9 | Interest Community Ombudsperson Act. | ||||||
| 10 | (ee) (dd) Information that is exempted from disclosure | ||||||
| 11 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
| 12 | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | ||||||
| 13 | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | ||||||
| 14 | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | ||||||
| 15 | 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. | ||||||
| 16 | 8-19-16; revised 9-1-16.)
| ||||||
| 17 | Section 30. The State Records Act is amended by changing | ||||||
| 18 | Section 2 as follows:
| ||||||
| 19 | (5 ILCS 160/2) (from Ch. 116, par. 43.5)
| ||||||
| 20 | Sec. 2. For the purposes of this Act:
| ||||||
| 21 | "Secretary" means Secretary of State.
| ||||||
| 22 | "Record" or "records" means all books, papers, | ||||||
| 23 | born-digital electronic material, digitized electronic
| ||||||
| 24 | material, electronic material with a combination of digitized | ||||||
| |||||||
| |||||||
| 1 | and born-digital material, maps, photographs, databases, or
| ||||||
| 2 | other official documentary materials, regardless of physical | ||||||
| 3 | form or
characteristics, made, produced, executed, or received | ||||||
| 4 | by any agency in the
State in pursuance of State state law or | ||||||
| 5 | in connection with the transaction of
public business and | ||||||
| 6 | preserved or appropriate for preservation by that
agency or its | ||||||
| 7 | successor as evidence of the organization, function,
policies, | ||||||
| 8 | decisions, procedures, operations, or other activities of the
| ||||||
| 9 | State or of the State Government, or because of the | ||||||
| 10 | informational data
contained therein. Library and museum | ||||||
| 11 | material made or acquired and
preserved solely for reference or | ||||||
| 12 | exhibition purposes, extra copies of
documents preserved only | ||||||
| 13 | for convenience of reference, and stocks of
publications and of | ||||||
| 14 | blank forms are not included
within the
definition of records | ||||||
| 15 | as used in this Act. Reports of impaired physicians
under | ||||||
| 16 | Section 16.04 of the Medical Practice Act or Section 23 of the
| ||||||
| 17 | Medical Practice Act of 1987 are not included within the | ||||||
| 18 | definition of
records as used in this Act.
| ||||||
| 19 | "Born-digital electronic material" means electronic | ||||||
| 20 | material created in digital form rather than converted from | ||||||
| 21 | print or analog form to digital form. | ||||||
| 22 | "Digitized electronic material" means electronic material | ||||||
| 23 | converted from print or analog form to digital form. | ||||||
| 24 | "Agency" means all parts, boards, and commissions of the | ||||||
| 25 | executive
branch of the State government, including, but not | ||||||
| 26 | limited to, State colleges
and universities and their governing | ||||||
| |||||||
| |||||||
| 1 | boards and all departments
established by the "Civil | ||||||
| 2 | Administrative Code of Illinois," as heretofore
or hereafter | ||||||
| 3 | amended.
| ||||||
| 4 | "Public Officer" or "public officers" means all officers of | ||||||
| 5 | the
executive branch of the State government, all officers | ||||||
| 6 | created by the
"Civil Administrative Code of Illinois," as | ||||||
| 7 | heretofore or hereafter
amended, and all other officers and | ||||||
| 8 | heads, presidents, or chairmen of
boards, commissions, and | ||||||
| 9 | agencies of the State government.
| ||||||
| 10 | "Commission" means the State Records Commission.
| ||||||
| 11 | "Archivist" means the Secretary of State.
| ||||||
| 12 | (Source: P.A. 99-147, eff. 1-1-16; revised 9-16-16.)
| ||||||
| 13 | Section 35. The Illinois Notary Public Act is amended by | ||||||
| 14 | changing Section 2-106 as follows:
| ||||||
| 15 | (5 ILCS 312/2-106) (from Ch. 102, par. 202-106)
| ||||||
| 16 | Sec. 2-106. Appointment Recorded by County Clerk. The | ||||||
| 17 | appointment of the applicant as a notary public is complete | ||||||
| 18 | when the
commission is recorded with the county clerk.
| ||||||
| 19 | The Secretary of State shall forward the applicant's | ||||||
| 20 | commission to the
county clerk of the county in which the | ||||||
| 21 | applicant resides
or, if the applicant is a resident of a state | ||||||
| 22 | bordering Illinois, the county
in Illinois in which the | ||||||
| 23 | applicant's principal place of work or principal place
of | ||||||
| 24 | business is located.
Upon receipt
thereof, the county clerk | ||||||
| |||||||
| |||||||
| 1 | shall notify the applicant of the action taken by
the Secretary | ||||||
| 2 | of State, and the applicant shall either appear at the
county | ||||||
| 3 | clerk's office to record the same and receive the commission or
| ||||||
| 4 | request by mail to have the commission sent to the applicant | ||||||
| 5 | with a
specimen signature of the applicant attached to the | ||||||
| 6 | request. The applicant
shall have a record of the appointment, | ||||||
| 7 | and the time when the commission
will expire, entered in the | ||||||
| 8 | records of the office of the county clerk. When
the applicant | ||||||
| 9 | appears before the county clerk, the applicant shall pay a
fee | ||||||
| 10 | of $5, at which time the county clerk shall then deliver the | ||||||
| 11 | commission
to the applicant.
| ||||||
| 12 | If the appointment is completed by mail, the applicant | ||||||
| 13 | shall pay the
county clerk a fee of $10.00, which shall be | ||||||
| 14 | submitted with the request to
the county clerk. The county | ||||||
| 15 | clerk shall then record the appointment and
send the commission | ||||||
| 16 | by mail to the applicant.
| ||||||
| 17 | If an applicant does not respond to the notification by the | ||||||
| 18 | county
clerk within 30 days, the county clerk shall again | ||||||
| 19 | notify the applicant
that the county clerk has received the | ||||||
| 20 | applicant's notary public commission
issued by the Secretary of | ||||||
| 21 | State. The second notice shall be in
substantially the | ||||||
| 22 | following form:
| ||||||
| 23 | "The records of this office indicate that you have not | ||||||
| 24 | picked up your
notary public commission from the Office of | ||||||
| 25 | the County Clerk.
| ||||||
| 26 | The Illinois Notary Public Law requires you to appear in | ||||||
| |||||||
| |||||||
| 1 | person in the
clerk's office, record your commission, and | ||||||
| 2 | pay a fee of $5.00 to the
county clerk or request that your | ||||||
| 3 | commission be mailed to you. This request
must be | ||||||
| 4 | accompanied by a specimen of your signature and a $10.00 | ||||||
| 5 | fee payable
to the county clerk.
| ||||||
| 6 | Your appointment as a notary is not complete until the | ||||||
| 7 | commission is
recorded with the county clerk. Furthermore, | ||||||
| 8 | if you do not make
arrangements with the clerk for | ||||||
| 9 | recording and delivery of your commission
within 30 days | ||||||
| 10 | from the date of this letter, the county clerk will return
| ||||||
| 11 | your commission to the Secretary of State. Your commission | ||||||
| 12 | will be
cancelled and your name will be removed from the | ||||||
| 13 | list of notaries in the
State of Illinois.
| ||||||
| 14 | I should also like to remind you that any person who | ||||||
| 15 | attests to any
document as a notary and is not a notary in | ||||||
| 16 | good standing with the Office
of the Secretary of State is | ||||||
| 17 | guilty of official misconduct and may be
subject to a fine | ||||||
| 18 | or imprisonment.".
| ||||||
| 19 | The Secretary of State shall cancel the appointment of all | ||||||
| 20 | notaries
whose commissions are returned to his office by the | ||||||
| 21 | county clerks. No
application fee will be refunded and no | ||||||
| 22 | bonding company is required to
issue a refund when an | ||||||
| 23 | appointment is cancelled.
| ||||||
| 24 | (Source: P.A. 91-818, eff. 6-13-00; revised 9-16-16.)
| ||||||
| 25 | Section 40. The Illinois Public Labor Relations Act is | ||||||
| |||||||
| |||||||
| 1 | amended by changing Sections 27 and 28 as follows:
| ||||||
| 2 | (5 ILCS 315/27) (from Ch. 48, par. 1627)
| ||||||
| 3 | Sec. 27.
Except as provided in Section 18 of this Act | ||||||
| 4 | herein, the provisions of the Labor Dispute Act "An
Act | ||||||
| 5 | relating to disputes concerning terms and conditions of | ||||||
| 6 | employment",
approved June 19, 1925, as now or hereafter | ||||||
| 7 | amended, apply.
| ||||||
| 8 | (Source: P.A. 83-1012; revised 9-16-16.)
| ||||||
| 9 | (5 ILCS 315/28) | ||||||
| 10 | Sec. 28. Applicability of changes made by Public Act | ||||||
| 11 | 97-1158 amendatory Act of the 97th General Assembly. Nothing in | ||||||
| 12 | Public Act 97-1158 this amendatory Act of the 97th General | ||||||
| 13 | Assembly applies to workers or consumers in the Home-Based Home | ||||||
| 14 | Based Support Services Program in the Department of Human | ||||||
| 15 | Services Division of Developmental Disabilities.
| ||||||
| 16 | (Source: P.A. 97-1158, eff. 1-29-13; revised 9-16-16.)
| ||||||
| 17 | Section 45. The State Employee Vacation Time Act is amended | ||||||
| 18 | by changing Section 1 as follows:
| ||||||
| 19 | (5 ILCS 360/1) (from Ch. 127, par. 63b120.1)
| ||||||
| 20 | Sec. 1.
After the effective date of this Act, computation | ||||||
| 21 | of vacation time of
former State employees re-entering State | ||||||
| 22 | service shall be determined as
though all previous State | ||||||
| |||||||
| |||||||
| 1 | service which qualified for earning of vacation
benefits is | ||||||
| 2 | continuous with present service.
| ||||||
| 3 | For purposes of this Section, "State employee" means an | ||||||
| 4 | "employee" as
that term is defined in Section 2 of the "State | ||||||
| 5 | Salary and Annuity
Withholding Act".
| ||||||
| 6 | (Source: P.A. 77-1823; revised 9-1-16.)
| ||||||
| 7 | Section 50. The State Employee Prevailing Wage Act is | ||||||
| 8 | amended by changing Section 1 as follows:
| ||||||
| 9 | (5 ILCS 370/1) (from Ch. 127, par. 391)
| ||||||
| 10 | Sec. 1.
Whenever any State officer, agency, or authority, | ||||||
| 11 | whether
funded by State taxes or otherwise, employs an | ||||||
| 12 | individual in a capacity
or position of such a
character as | ||||||
| 13 | would be subject to rules or regulations
of the Department of | ||||||
| 14 | Central Management Services requiring
the payment of
the | ||||||
| 15 | prevailing rate of wages to those holding such a
position or | ||||||
| 16 | serving in such a capacity if that employment
were subject to | ||||||
| 17 | the "Personnel Code", the State
officer, agency, or authority | ||||||
| 18 | shall pay that individual
at the prevailing rate, | ||||||
| 19 | notwithstanding the nonapplicability of the
"Personnel Code".
| ||||||
| 20 | (Source: P.A. 82-789; revised 9-16-16.)
| ||||||
| 21 | Section 60. The Illinois Governmental Ethics Act is amended | ||||||
| 22 | by changing Section 3-202 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (5 ILCS 420/3-202) (from Ch. 127, par. 603-202)
| ||||||
| 2 | Sec. 3-202.
When a legislator must take official action on | ||||||
| 3 | a legislative
matter as to which he has a conflict situation | ||||||
| 4 | created by a personal,
family, or client legislative interest, | ||||||
| 5 | he should consider the possibility
of eliminating the interest | ||||||
| 6 | creating the conflict situation. If that is not
feasible, he | ||||||
| 7 | should consider the possibility of abstaining from such
| ||||||
| 8 | official action. In making his decision as to abstention, the | ||||||
| 9 | following
factors should be considered: ;
| ||||||
| 10 | a. whether a substantial threat to his independence of | ||||||
| 11 | judgment has been
created by the conflict situation;
| ||||||
| 12 | b. the effect of his participation on public confidence | ||||||
| 13 | in the integrity
of the legislature;
| ||||||
| 14 | c. whether his participation is likely to have any | ||||||
| 15 | significant effect on
the disposition of the matter;
| ||||||
| 16 | d. the need for his particular contribution, such as | ||||||
| 17 | special knowledge
of the subject matter, to the effective | ||||||
| 18 | functioning of the legislature.
| ||||||
| 19 | He need not abstain if he decides to participate in a | ||||||
| 20 | manner contrary to
the economic interest which creates the | ||||||
| 21 | conflict situation.
| ||||||
| 22 | If he does abstain, he should disclose that fact to his | ||||||
| 23 | respective
legislative body.
| ||||||
| 24 | (Source: Laws 1967, p. 3401; revised 10-26-16.)
| ||||||
| 25 | Section 65. The Flag Display Act is amended by changing | ||||||
| |||||||
| |||||||
| 1 | Section 10 as follows:
| ||||||
| 2 | (5 ILCS 465/10) | ||||||
| 3 | Sec. 10. Death of resident military member, law enforcement | ||||||
| 4 | officer, firefighter, or members of EMS crews. | ||||||
| 5 | (a) The Governor shall issue an official notice to fly the | ||||||
| 6 | following flags at half-staff upon the death of a resident of | ||||||
| 7 | this State killed (i) by hostile fire as a member of the United | ||||||
| 8 | States armed forces, (ii) in the line of duty as a law | ||||||
| 9 | enforcement officer, (iii) in the line of duty as a | ||||||
| 10 | firefighter, or (iv) in the line of duty as a member of an | ||||||
| 11 | Emergency Medical Services (EMS) crew, ; or (v) during on duty | ||||||
| 12 | training for active military duty: the United States national | ||||||
| 13 | flag, the State flag of Illinois, and, in the case of the death | ||||||
| 14 | of the member of the United States armed forces, the | ||||||
| 15 | appropriate military flag as defined in subsection (b) of | ||||||
| 16 | Section 18.6 of the Condominium Property Act. Upon the | ||||||
| 17 | Governor's notice, each person or entity required by this Act | ||||||
| 18 | to ensure the display of the United States national flag on a | ||||||
| 19 | flagstaff shall ensure that the flags described in the notice | ||||||
| 20 | are displayed at half-staff on the day designated for the | ||||||
| 21 | resident's funeral and the 2 days preceding that day. | ||||||
| 22 | (b) The Department of Veterans' Affairs shall notify the | ||||||
| 23 | Governor of the death by hostile fire of an Illinois resident | ||||||
| 24 | member of the United States armed forces. The Department of | ||||||
| 25 | State Police shall notify the Governor of the death in the line | ||||||
| |||||||
| |||||||
| 1 | of duty of an Illinois resident law enforcement officer. The | ||||||
| 2 | Office of the State Fire Marshal shall notify the Governor of | ||||||
| 3 | the death in the line of duty of an Illinois resident | ||||||
| 4 | firefighter. The Department of Public Health shall notify the | ||||||
| 5 | Governor of the death in the line of duty of an Illinois | ||||||
| 6 | resident member of an Emergency Medical Services (EMS) crew. | ||||||
| 7 | Notice to the Governor shall include at least the resident's | ||||||
| 8 | name and Illinois address, the date designated for the funeral, | ||||||
| 9 | and the circumstances of the death. | ||||||
| 10 | (c) For the purpose of this Section, the United States | ||||||
| 11 | armed forces includes: (i) the United States Army, Navy, Marine | ||||||
| 12 | Corps, Air Force, and Coast Guard; (ii) any reserve component | ||||||
| 13 | of each of the forces listed in item (i); and (iii) the | ||||||
| 14 | National Guard. | ||||||
| 15 | (d) Nothing in this Section requires the removal or | ||||||
| 16 | relocation of any existing flags currently displayed in the | ||||||
| 17 | State. This Section does not apply to a State facility if the | ||||||
| 18 | requirements of this Section cannot be satisfied without a | ||||||
| 19 | physical modification to that facility.
| ||||||
| 20 | (Source: P.A. 98-234, eff. 1-1-14; 99-372, eff. 1-1-16; revised | ||||||
| 21 | 1-24-17.)
| ||||||
| 22 | Section 70. The Election Code is amended by changing | ||||||
| 23 | Sections 3-6, 4-8.5, 5-8.5, 6-35.5, 7-8, 18A-5, 20-5, 20-13, | ||||||
| 24 | and 24A-15.1 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (10 ILCS 5/3-6) | ||||||
| 2 | Sec. 3-6. Voting age. Notwithstanding any other provision | ||||||
| 3 | of law, a person who is 17 years old on the date of a caucus, | ||||||
| 4 | general primary election, or consolidated primary election and | ||||||
| 5 | who is otherwise qualified to vote is qualified to vote at that | ||||||
| 6 | caucus, general primary, or consolidated primary, including | ||||||
| 7 | voting a vote by mail, grace period, or early voting ballot | ||||||
| 8 | with respect to that general primary or consolidated primary, | ||||||
| 9 | if that person will be 18 years old on the date of the | ||||||
| 10 | immediately following general election or consolidated | ||||||
| 11 | election for which candidates are nominated at that primary. | ||||||
| 12 | References in this Code and elsewhere to the requirement | ||||||
| 13 | that a person must be 18 years old to vote shall be interpreted | ||||||
| 14 | in accordance with this Section. | ||||||
| 15 | For the purposes of this Code Act, an individual who is 17 | ||||||
| 16 | years of age and who will be 18 years of age on the date of the | ||||||
| 17 | general or consolidated election shall be deemed competent to | ||||||
| 18 | execute and attest to any voter registration forms. An | ||||||
| 19 | individual who is 17 years of age, will be 18 years of age on | ||||||
| 20 | the date of the immediately following general or consolidated | ||||||
| 21 | election, and is otherwise qualified to vote shall be deemed | ||||||
| 22 | eligible to circulate a nominating petition or a petition | ||||||
| 23 | proposing a public question.
| ||||||
| 24 | (Source: P.A. 98-51, eff. 1-1-14; 98-1171, eff. 6-1-15; 99-722, | ||||||
| 25 | eff. 8-5-16; revised 10-25-16.)
| ||||||
| |||||||
| |||||||
| 1 | (10 ILCS 5/4-8.5) | ||||||
| 2 | Sec. 4-8.5. Deputy registrar eligibility. Unless otherwise | ||||||
| 3 | provided by law, an individual who that is 17 years old or | ||||||
| 4 | older who is registered to vote in this State shall be eligible | ||||||
| 5 | to serve as a deputy registrar.
| ||||||
| 6 | (Source: P.A. 99-722, eff. 8-5-16; revised 10-25-16.)
| ||||||
| 7 | (10 ILCS 5/5-8.5) | ||||||
| 8 | Sec. 5-8.5. Deputy registrar eligibility. Unless otherwise | ||||||
| 9 | provided by law, an individual who that is 17 years old or | ||||||
| 10 | older who is registered to vote in this State shall be eligible | ||||||
| 11 | to serve as a deputy registrar.
| ||||||
| 12 | (Source: P.A. 99-722, eff. 8-5-16; revised 10-25-16.)
| ||||||
| 13 | (10 ILCS 5/6-35.5) | ||||||
| 14 | Sec. 6-35.5. Deputy registrar eligibility. Unless | ||||||
| 15 | otherwise provided by law, an individual who that is 17 years | ||||||
| 16 | old or older who is registered to vote in this State shall be | ||||||
| 17 | eligible to serve as a deputy registrar.
| ||||||
| 18 | (Source: P.A. 99-722, eff. 8-5-16; revised 10-25-16.)
| ||||||
| 19 | (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
| ||||||
| 20 | Sec. 7-8. The State central committee shall be composed of | ||||||
| 21 | one or two
members from each congressional district in the | ||||||
| 22 | State and shall be elected as
follows:
| ||||||
| 23 | State Central Committee
| ||||||
| |||||||
| |||||||
| 1 | (a) Within 30 days after January 1, 1984 (the effective | ||||||
| 2 | date of Public Act 83-33), this amendatory Act of
1983 the | ||||||
| 3 | State central committee of each political party shall certify | ||||||
| 4 | to
the State Board of Elections which of the following | ||||||
| 5 | alternatives it wishes
to apply to the State central committee | ||||||
| 6 | of that party.
| ||||||
| 7 | Alternative A. At the primary in
1970 and at the general | ||||||
| 8 | primary election held every 4 years thereafter, each primary
| ||||||
| 9 | elector may vote for one candidate of his party for member of | ||||||
| 10 | the State
central committee for the congressional district in | ||||||
| 11 | which he resides.
The candidate receiving the highest number of | ||||||
| 12 | votes shall be declared
elected State central committeeman from | ||||||
| 13 | the district. A political party
may, in lieu of the foregoing, | ||||||
| 14 | by a majority vote of delegates at any State
convention of such | ||||||
| 15 | party, determine to thereafter elect the State central
| ||||||
| 16 | committeemen in the manner following:
| ||||||
| 17 | At the county convention held by such political party, | ||||||
| 18 | State central
committeemen shall be elected in the same manner | ||||||
| 19 | as provided in this
Article for the election of officers of the | ||||||
| 20 | county central committee, and
such election shall follow the | ||||||
| 21 | election of officers of the county central
committee. Each | ||||||
| 22 | elected ward, township or precinct committeeman shall cast
as | ||||||
| 23 | his vote one vote for each ballot voted in his ward, township, | ||||||
| 24 | part of a
township or precinct in the last preceding primary | ||||||
| 25 | election of his
political party. In the case of a county lying | ||||||
| 26 | partially within one
congressional district and partially | ||||||
| |||||||
| |||||||
| 1 | within another congressional district,
each ward, township or | ||||||
| 2 | precinct committeeman shall vote only with respect
to the | ||||||
| 3 | congressional district in which his ward, township, part of a
| ||||||
| 4 | township or precinct is located. In the case of a congressional | ||||||
| 5 | district
which encompasses more than one county, each ward, | ||||||
| 6 | township or precinct
committeeman residing within the | ||||||
| 7 | congressional district shall cast as his
vote one vote for each | ||||||
| 8 | ballot voted in his ward, township, part of a
township or | ||||||
| 9 | precinct in the last preceding primary election of his
| ||||||
| 10 | political party for one candidate of his party for member of | ||||||
| 11 | the State
central committee for the congressional district in | ||||||
| 12 | which he resides and
the Chairman of the county central | ||||||
| 13 | committee shall report the results of
the election to the State | ||||||
| 14 | Board of Elections. The State Board of Elections
shall certify | ||||||
| 15 | the candidate receiving the highest number of votes elected
| ||||||
| 16 | State central committeeman for that congressional district.
| ||||||
| 17 | The State central committee shall adopt rules to provide | ||||||
| 18 | for and govern
the procedures to be followed in the election of | ||||||
| 19 | members of the State central
committee.
| ||||||
| 20 | After August 6, 1999 (the
effective date of Public Act | ||||||
| 21 | 91-426) this amendatory Act of the 91st General
Assembly, | ||||||
| 22 | whenever a vacancy occurs in the office of Chairman of a State
| ||||||
| 23 | central committee, or at the end of the term of office of | ||||||
| 24 | Chairman, the State
central committee of each political party | ||||||
| 25 | that has selected Alternative A shall
elect a Chairman who | ||||||
| 26 | shall not be required to be a member of the State Central
| ||||||
| |||||||
| |||||||
| 1 | Committee. The Chairman shall be a
registered voter in this | ||||||
| 2 | State and of the same political party as the State
central | ||||||
| 3 | committee.
| ||||||
| 4 | Alternative B. Each congressional committee shall, within | ||||||
| 5 | 30 days after
the adoption of this alternative, appoint a | ||||||
| 6 | person of the sex opposite that
of the incumbent member for | ||||||
| 7 | that congressional district to serve as an
additional member of | ||||||
| 8 | the State central committee until his or her successor
is | ||||||
| 9 | elected at the general primary election in 1986. Each | ||||||
| 10 | congressional
committee shall make this appointment by voting | ||||||
| 11 | on the basis set forth in
paragraph (e) of this Section. In | ||||||
| 12 | each congressional district at the
general primary election | ||||||
| 13 | held in 1986 and every 4 years thereafter, the
male candidate | ||||||
| 14 | receiving the highest number of votes of the party's male
| ||||||
| 15 | candidates for State central committeeman, and the female | ||||||
| 16 | candidate
receiving the highest number of votes of the party's | ||||||
| 17 | female candidates for
State central committeewoman, shall be | ||||||
| 18 | declared elected State central
committeeman and State central | ||||||
| 19 | committeewoman from the district. At the
general primary | ||||||
| 20 | election held in 1986 and every 4 years thereafter, if all a
| ||||||
| 21 | party's candidates for State central committeemen or State | ||||||
| 22 | central
committeewomen from a congressional district are of the | ||||||
| 23 | same sex, the candidate
receiving the highest number of votes | ||||||
| 24 | shall be declared elected a State central
committeeman or State | ||||||
| 25 | central committeewoman from the district, and, because of
a | ||||||
| 26 | failure to elect one male and one female to the committee, a | ||||||
| |||||||
| |||||||
| 1 | vacancy shall be
declared to exist in the office of the second | ||||||
| 2 | member of the State central
committee from the district. This | ||||||
| 3 | vacancy shall be filled by appointment by
the congressional | ||||||
| 4 | committee of the political party, and the person appointed to
| ||||||
| 5 | fill the vacancy shall be a resident of the congressional | ||||||
| 6 | district and of the
sex opposite that of the committeeman or | ||||||
| 7 | committeewoman elected at the general
primary election. Each | ||||||
| 8 | congressional committee shall make this appointment by
voting | ||||||
| 9 | on the basis set forth in paragraph (e) of this Section.
| ||||||
| 10 | The Chairman of a State central committee composed as | ||||||
| 11 | provided in this
Alternative B must be selected from the | ||||||
| 12 | committee's members.
| ||||||
| 13 | Except as provided for in Alternative A with respect to the | ||||||
| 14 | selection of
the Chairman of the State central committee, under | ||||||
| 15 | both of the foregoing
alternatives, the
State
central
committee | ||||||
| 16 | of each political party shall be composed of members elected
or | ||||||
| 17 | appointed from the several congressional districts of the | ||||||
| 18 | State,
and of no other person or persons whomsoever. The | ||||||
| 19 | members of the State
central committee shall, within 41 days | ||||||
| 20 | after each quadrennial election of
the full committee, meet in | ||||||
| 21 | the city of Springfield and organize
by electing a chairman, | ||||||
| 22 | and may at such time
elect such officers from among their own | ||||||
| 23 | number (or otherwise), as they
may deem necessary or expedient. | ||||||
| 24 | The outgoing chairman of the State
central committee of the | ||||||
| 25 | party shall, 10 days before the meeting, notify
each member of | ||||||
| 26 | the State central committee elected at the primary of the
time | ||||||
| |||||||
| |||||||
| 1 | and place of such meeting. In the organization and proceedings | ||||||
| 2 | of
the State central committee, each State central committeeman | ||||||
| 3 | and State
central committeewoman shall have one vote for each | ||||||
| 4 | ballot voted in his or her
congressional district by the | ||||||
| 5 | primary electors of his or her party at the
primary election | ||||||
| 6 | immediately preceding the meeting of the State central
| ||||||
| 7 | committee. Whenever a vacancy occurs in the State central | ||||||
| 8 | committee of any
political party, the vacancy shall be filled | ||||||
| 9 | by appointment of
the chairmen of the county central committees | ||||||
| 10 | of the
political party
of the counties located within the | ||||||
| 11 | congressional district in which the vacancy
occurs and,
if | ||||||
| 12 | applicable, the ward and township committeemen of the
political
| ||||||
| 13 | party in counties of 2,000,000 or more inhabitants located | ||||||
| 14 | within the
congressional
district. If the congressional | ||||||
| 15 | district in which the vacancy occurs lies
wholly within a
| ||||||
| 16 | county of 2,000,000 or more inhabitants, the ward and township | ||||||
| 17 | committeemen
of the political party in that congressional | ||||||
| 18 | district shall vote to fill the
vacancy. In voting to fill the | ||||||
| 19 | vacancy, each chairman of a county central
committee and
each | ||||||
| 20 | ward and township committeeman in counties of 2,000,000
or
more | ||||||
| 21 | inhabitants shall have one vote for each ballot voted in each | ||||||
| 22 | precinct of
the congressional district in which the vacancy | ||||||
| 23 | exists of
his or her
county, township, or ward cast by the | ||||||
| 24 | primary electors of his or her party
at the
primary election | ||||||
| 25 | immediately preceding the meeting to fill the vacancy in the
| ||||||
| 26 | State
central committee. The person appointed to fill the | ||||||
| |||||||
| |||||||
| 1 | vacancy shall be a
resident of the
congressional district in | ||||||
| 2 | which the vacancy occurs, shall be a qualified voter,
and, in a | ||||||
| 3 | committee composed as provided in Alternative B, shall be of | ||||||
| 4 | the
same
sex as his or her
predecessor. A political party may, | ||||||
| 5 | by a majority vote of the
delegates of any State convention of | ||||||
| 6 | such party, determine to return
to the election of State | ||||||
| 7 | central committeeman and State central
committeewoman by the | ||||||
| 8 | vote of primary electors.
Any action taken by a political party | ||||||
| 9 | at a State convention in accordance
with this Section shall be | ||||||
| 10 | reported to the State Board of Elections by the
chairman and | ||||||
| 11 | secretary of such convention within 10 days after such action.
| ||||||
| 12 | Ward, Township and Precinct Committeemen
| ||||||
| 13 | (b) At the primary in 1972 and
at the general primary | ||||||
| 14 | election every 4 years thereafter, each primary elector in | ||||||
| 15 | cities having a
population of 200,000 or over may vote for one | ||||||
| 16 | candidate of his party in
his ward for ward committeeman. Each | ||||||
| 17 | candidate for ward committeeman
must be a resident of and in | ||||||
| 18 | the ward where he seeks to be elected ward
committeeman. The | ||||||
| 19 | one having the highest number of votes shall be such
ward | ||||||
| 20 | committeeman of such party for such ward. At the primary | ||||||
| 21 | election
in 1970 and at the general primary election every 4 | ||||||
| 22 | years thereafter,
each primary elector in counties containing a | ||||||
| 23 | population of 2,000,000 or
more, outside of cities containing a | ||||||
| 24 | population of 200,000 or more, may
vote for one candidate of | ||||||
| 25 | his party for township committeeman. Each
candidate for | ||||||
| 26 | township committeeman must be a resident of and in the
township | ||||||
| |||||||
| |||||||
| 1 | or part of a township (which lies outside of a city having a
| ||||||
| 2 | population of 200,000 or more, in counties containing a | ||||||
| 3 | population of
2,000,000 or more), and in which township or part | ||||||
| 4 | of a township he seeks
to be elected township committeeman. The | ||||||
| 5 | one having the highest number
of votes shall be such township | ||||||
| 6 | committeeman of such party for such
township or part of a | ||||||
| 7 | township. At the primary
in 1970 and at the general primary | ||||||
| 8 | election every 2 years thereafter, each primary elector,
except | ||||||
| 9 | in counties having a population of 2,000,000 or over, may vote
| ||||||
| 10 | for one candidate of his party in his precinct for precinct
| ||||||
| 11 | committeeman. Each candidate for precinct committeeman must be | ||||||
| 12 | a bona
fide resident of the precinct where he seeks to be | ||||||
| 13 | elected precinct
committeeman. The one having the highest | ||||||
| 14 | number of votes shall be such
precinct committeeman of such | ||||||
| 15 | party for such precinct. The official
returns of the primary | ||||||
| 16 | shall show the name of the committeeman of each
political | ||||||
| 17 | party.
| ||||||
| 18 | Terms of Committeemen. All precinct committeemen elected | ||||||
| 19 | under the
provisions of this Article shall continue as such | ||||||
| 20 | committeemen until the
date of the primary to be held in the | ||||||
| 21 | second year after their election.
Except as otherwise provided | ||||||
| 22 | in this Section for certain State central
committeemen who have | ||||||
| 23 | 2 year terms, all State central committeemen, township
| ||||||
| 24 | committeemen and ward committeemen shall continue as such | ||||||
| 25 | committeemen
until the date of primary to be held in the fourth | ||||||
| 26 | year after their
election. However, a vacancy exists in the | ||||||
| |||||||
| |||||||
| 1 | office of precinct committeeman
when a precinct committeeman | ||||||
| 2 | ceases to reside in the precinct in which he
was elected and | ||||||
| 3 | such precinct committeeman shall thereafter neither have
nor | ||||||
| 4 | exercise any rights, powers or duties as committeeman in that | ||||||
| 5 | precinct,
even if a successor has not been elected or | ||||||
| 6 | appointed.
| ||||||
| 7 | (c) The Multi-Township Central Committee shall consist of | ||||||
| 8 | the precinct
committeemen of such party, in the multi-township | ||||||
| 9 | assessing district formed
pursuant to Section 2-10 of the | ||||||
| 10 | Property Tax Code and shall be organized for the purposes set | ||||||
| 11 | forth in Section
45-25 of the Township Code. In the | ||||||
| 12 | organization and proceedings of the
Multi-Township Central | ||||||
| 13 | Committee each precinct committeeman shall have one vote
for | ||||||
| 14 | each ballot voted in his precinct by the primary electors of | ||||||
| 15 | his party at
the primary at which he was elected.
| ||||||
| 16 | County Central Committee
| ||||||
| 17 | (d) The county central committee of each political party in | ||||||
| 18 | each
county shall consist of the various township committeemen, | ||||||
| 19 | precinct
committeemen and ward committeemen, if any, of such | ||||||
| 20 | party in the county.
In the organization and proceedings of the | ||||||
| 21 | county central committee,
each precinct committeeman shall | ||||||
| 22 | have one vote for each ballot voted in
his precinct by the | ||||||
| 23 | primary electors of his party at the primary at
which he was | ||||||
| 24 | elected; each township committeeman shall have one vote for
| ||||||
| 25 | each ballot voted in his township or part of a township as the | ||||||
| 26 | case may
be by the primary electors of his party at the primary | ||||||
| |||||||
| |||||||
| 1 | election
for the nomination of candidates for election to the | ||||||
| 2 | General Assembly
immediately preceding the meeting of the | ||||||
| 3 | county central committee; and
in the organization and | ||||||
| 4 | proceedings of the county central committee,
each ward | ||||||
| 5 | committeeman shall have one vote for each ballot voted in his
| ||||||
| 6 | ward by the primary electors of his party at the primary | ||||||
| 7 | election
for the nomination of candidates for election to the | ||||||
| 8 | General Assembly
immediately preceding the meeting of the | ||||||
| 9 | county central committee.
| ||||||
| 10 | Cook County Board of Review Election District Committee
| ||||||
| 11 | (d-1) Each board of review election district committee of | ||||||
| 12 | each political
party in Cook County shall consist of the
| ||||||
| 13 | various township committeemen and ward committeemen, if any, of | ||||||
| 14 | that party in
the portions of the county composing the board of | ||||||
| 15 | review election district. In
the organization and proceedings | ||||||
| 16 | of each of the 3 election
district committees, each township | ||||||
| 17 | committeeman shall have one vote for each
ballot voted in his | ||||||
| 18 | or her township or part of a township, as the case may be,
by
| ||||||
| 19 | the primary electors of his or her party at the primary | ||||||
| 20 | election immediately
preceding the meeting of the board of | ||||||
| 21 | review election district committee; and
in the organization and | ||||||
| 22 | proceedings of each of the 3 election district
committees, each | ||||||
| 23 | ward committeeman shall have one vote for each
ballot voted in
| ||||||
| 24 | his or her ward or part of that ward, as the case may be, by the | ||||||
| 25 | primary
electors of his or her party at the primary election | ||||||
| 26 | immediately preceding the
meeting of the board of review | ||||||
| |||||||
| |||||||
| 1 | election district committee.
| ||||||
| 2 | Congressional Committee
| ||||||
| 3 | (e) The congressional committee of each party in each | ||||||
| 4 | congressional
district shall be composed of the chairmen of the | ||||||
| 5 | county central
committees of the counties composing the | ||||||
| 6 | congressional district, except
that in congressional districts | ||||||
| 7 | wholly within the territorial limits of
one county, the | ||||||
| 8 | precinct
committeemen, township committeemen and ward | ||||||
| 9 | committeemen, if any, of
the party representing the precincts | ||||||
| 10 | within the limits of the
congressional district, shall compose | ||||||
| 11 | the congressional committee. A
State central committeeman in | ||||||
| 12 | each district shall be a member and the
chairman or, when a | ||||||
| 13 | district has 2 State central committeemen, a co-chairman
of the | ||||||
| 14 | congressional committee, but shall not have the right to
vote | ||||||
| 15 | except in case of a tie.
| ||||||
| 16 | In the organization and proceedings of congressional | ||||||
| 17 | committees
composed of precinct committeemen or township | ||||||
| 18 | committeemen or ward
committeemen, or any combination thereof, | ||||||
| 19 | each precinct committeeman
shall have one vote for each ballot | ||||||
| 20 | voted in his precinct by the primary
electors of his party at | ||||||
| 21 | the primary at which he was elected, each
township committeeman | ||||||
| 22 | shall have one vote for each ballot voted in his
township or | ||||||
| 23 | part of a township as the case may be by the primary
electors | ||||||
| 24 | of his party at the primary election immediately preceding the
| ||||||
| 25 | meeting of the congressional committee, and each ward | ||||||
| 26 | committeeman shall
have one vote for each ballot voted in each | ||||||
| |||||||
| |||||||
| 1 | precinct of his ward located
in such congressional district by | ||||||
| 2 | the primary electors of his party at
the primary election | ||||||
| 3 | immediately preceding the meeting of the
congressional | ||||||
| 4 | committee; and in the organization and proceedings of
| ||||||
| 5 | congressional committees composed of the chairmen of the county | ||||||
| 6 | central
committees of the counties within such district, each | ||||||
| 7 | chairman of such
county central committee shall have one vote | ||||||
| 8 | for each ballot voted in
his county by the primary electors of | ||||||
| 9 | his party at the primary election
immediately preceding the | ||||||
| 10 | meeting of the congressional committee.
| ||||||
| 11 | Judicial District Committee
| ||||||
| 12 | (f) The judicial district committee of each political party | ||||||
| 13 | in each
judicial district shall be composed of the chairman of | ||||||
| 14 | the county
central committees of the counties composing the | ||||||
| 15 | judicial district.
| ||||||
| 16 | In the organization and proceedings of judicial district | ||||||
| 17 | committees
composed of the chairmen of the county central | ||||||
| 18 | committees of the
counties within such district, each chairman | ||||||
| 19 | of such county central
committee shall have one vote for each | ||||||
| 20 | ballot voted in his county by the
primary electors of his party | ||||||
| 21 | at the primary election immediately
preceding the meeting of | ||||||
| 22 | the judicial district committee.
| ||||||
| 23 | Circuit Court Committee
| ||||||
| 24 | (g) The circuit court committee of each political party in | ||||||
| 25 | each
judicial circuit outside Cook County shall be composed of | ||||||
| 26 | the chairmen
of the county central committees of the counties | ||||||
| |||||||
| |||||||
| 1 | composing the judicial
circuit.
| ||||||
| 2 | In the organization and proceedings of circuit court | ||||||
| 3 | committees, each
chairman of a county central committee shall | ||||||
| 4 | have one vote for each
ballot voted in his county by the | ||||||
| 5 | primary electors of his party at the
primary election | ||||||
| 6 | immediately preceding the meeting of the circuit court
| ||||||
| 7 | committee.
| ||||||
| 8 | Judicial Subcircuit Committee
| ||||||
| 9 | (g-1) The judicial subcircuit committee of each political | ||||||
| 10 | party in
each judicial subcircuit in a judicial circuit divided | ||||||
| 11 | into subcircuits
shall be composed of (i) the ward and township | ||||||
| 12 | committeemen
of the townships and wards composing the judicial | ||||||
| 13 | subcircuit in Cook County and
(ii) the precinct committeemen of | ||||||
| 14 | the precincts
composing the judicial subcircuit in any county | ||||||
| 15 | other than Cook County.
| ||||||
| 16 | In the organization and proceedings of each judicial | ||||||
| 17 | subcircuit committee,
each township committeeman shall have | ||||||
| 18 | one vote for each ballot voted in his
township or part of a | ||||||
| 19 | township, as the case may be, in the judicial
subcircuit by the | ||||||
| 20 | primary electors of his party at the primary election
| ||||||
| 21 | immediately preceding the meeting of the judicial subcircuit | ||||||
| 22 | committee;
each precinct committeeman shall have one vote for | ||||||
| 23 | each ballot voted in his
precinct or part of a precinct, as the | ||||||
| 24 | case may be, in the judicial subcircuit
by the primary electors | ||||||
| 25 | of his party at the primary election immediately
preceding the | ||||||
| 26 | meeting of the judicial subcircuit committee;
and
each ward | ||||||
| |||||||
| |||||||
| 1 | committeeman shall have one vote for each ballot voted in his
| ||||||
| 2 | ward or part of a ward, as the case may be, in the judicial | ||||||
| 3 | subcircuit by
the primary electors of his party at the primary | ||||||
| 4 | election immediately
preceding the meeting of the judicial | ||||||
| 5 | subcircuit committee.
| ||||||
| 6 | Municipal Central Committee
| ||||||
| 7 | (h) The municipal central committee of each political party | ||||||
| 8 | shall be
composed of the precinct, township or ward | ||||||
| 9 | committeemen, as the case may
be, of such party representing | ||||||
| 10 | the precincts or wards, embraced in such
city, incorporated | ||||||
| 11 | town or village. The voting strength of each
precinct, township | ||||||
| 12 | or ward committeeman on the municipal central
committee shall | ||||||
| 13 | be the same as his voting strength on the county central
| ||||||
| 14 | committee.
| ||||||
| 15 | For political parties, other than a statewide political | ||||||
| 16 | party,
established only within a municipality or
township, the | ||||||
| 17 | municipal or township managing committee shall be composed
of | ||||||
| 18 | the party officers of the local established party. The party | ||||||
| 19 | officers
of a local established party shall be as follows: the | ||||||
| 20 | chairman and
secretary of the caucus for those municipalities | ||||||
| 21 | and townships authorized
by statute to nominate candidates by | ||||||
| 22 | caucus shall serve as party officers
for the purpose of filling | ||||||
| 23 | vacancies in nomination under Section
7-61; for municipalities | ||||||
| 24 | and townships authorized by statute or ordinance
to nominate | ||||||
| 25 | candidates by petition and primary election, the party officers
| ||||||
| 26 | shall be the party's candidates who are nominated at the | ||||||
| |||||||
| |||||||
| 1 | primary. If no party
primary was held because of the provisions | ||||||
| 2 | of Section 7-5, vacancies in
nomination shall be filled by the | ||||||
| 3 | party's remaining candidates who shall
serve as the party's | ||||||
| 4 | officers.
| ||||||
| 5 | Powers
| ||||||
| 6 | (i) Each committee and its officers shall have the powers | ||||||
| 7 | usually
exercised by such committees and by the officers | ||||||
| 8 | thereof, not
inconsistent with the provisions of this Article. | ||||||
| 9 | The several committees
herein provided for shall not have power | ||||||
| 10 | to delegate any of their
powers, or functions to any other | ||||||
| 11 | person, officer or committee, but this
shall not be construed | ||||||
| 12 | to prevent a committee from appointing from its
own membership | ||||||
| 13 | proper and necessary subcommittees.
| ||||||
| 14 | (j) The State central committee of a political party which | ||||||
| 15 | elects its it
members by Alternative B under paragraph (a) of | ||||||
| 16 | this Section shall adopt a
plan to give effect to the delegate | ||||||
| 17 | selection rules of the national political
party and file a copy | ||||||
| 18 | of such plan with the State Board of Elections when
approved by | ||||||
| 19 | a national political party.
| ||||||
| 20 | (k) For the purpose of the designation of a proxy by a | ||||||
| 21 | Congressional
Committee to vote in place of an
absent State | ||||||
| 22 | central committeeman or committeewoman at meetings of the
State | ||||||
| 23 | central committee of a political party which elects its members | ||||||
| 24 | by
Alternative B under paragraph (a) of this Section, the proxy | ||||||
| 25 | shall be
appointed by the vote of the ward and township | ||||||
| 26 | committeemen, if any, of the
wards and townships which lie | ||||||
| |||||||
| |||||||
| 1 | entirely or partially within the
Congressional District from | ||||||
| 2 | which the absent State central committeeman or
committeewoman | ||||||
| 3 | was elected and the vote of the chairmen of the county
central | ||||||
| 4 | committees of those counties which lie entirely or partially | ||||||
| 5 | within
that Congressional District and in which there are no | ||||||
| 6 | ward or township
committeemen. When voting for such proxy, the | ||||||
| 7 | county chairman, ward
committeeman or township committeeman, | ||||||
| 8 | as the case may be, shall have one
vote for each ballot voted | ||||||
| 9 | in his county, ward or township, or portion
thereof within the | ||||||
| 10 | Congressional District, by the primary electors of his
party at | ||||||
| 11 | the primary at which he was elected. However, the absent State
| ||||||
| 12 | central committeeman or committeewoman may designate a proxy | ||||||
| 13 | when permitted
by the rules of a political party which elects | ||||||
| 14 | its members by Alternative B
under paragraph (a) of this | ||||||
| 15 | Section.
| ||||||
| 16 | Notwithstanding any law to the contrary, a person is | ||||||
| 17 | ineligible to hold the position of committeeperson in any | ||||||
| 18 | committee established pursuant to this Section if he or she is | ||||||
| 19 | statutorily ineligible to vote in a general election because of | ||||||
| 20 | conviction of a felony. When a committeeperson is convicted of | ||||||
| 21 | a felony, the position occupied by that committeeperson shall | ||||||
| 22 | automatically become vacant.
| ||||||
| 23 | (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-699, | ||||||
| 24 | eff. 11-9-07; revised 9-6-16.)
| ||||||
| 25 | (10 ILCS 5/18A-5)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 18A-5. Provisional voting; general provisions.
| ||||||
| 2 | (a) A person who claims to be a registered voter is | ||||||
| 3 | entitled to cast a
provisional ballot under the following | ||||||
| 4 | circumstances:
| ||||||
| 5 | (1) The person's name does not appear on the official | ||||||
| 6 | list of eligible
voters for the precinct in which
the | ||||||
| 7 | person seeks to vote and the person has refused an | ||||||
| 8 | opportunity to register at the polling location or another | ||||||
| 9 | grace period registration site. The official list is the | ||||||
| 10 | centralized statewide voter registration list established | ||||||
| 11 | and maintained in accordance with Section 1A-25;
| ||||||
| 12 | (2) The person's voting status has been challenged by | ||||||
| 13 | an election judge, a
pollwatcher, or any legal voter and | ||||||
| 14 | that challenge has been sustained by a
majority of the | ||||||
| 15 | election judges;
| ||||||
| 16 | (3) A federal or State court order extends the time for | ||||||
| 17 | closing the polls
beyond the time period established by | ||||||
| 18 | State law and the person votes during the
extended time | ||||||
| 19 | period;
| ||||||
| 20 | (4) The voter registered to vote by mail and is | ||||||
| 21 | required by law to
present identification when voting | ||||||
| 22 | either in person or by early voting ballot, but
fails to do | ||||||
| 23 | so;
| ||||||
| 24 | (5) The voter's name appears on the list of voters who | ||||||
| 25 | voted during the early voting period, but the voter claims | ||||||
| 26 | not to have voted during the early voting period; or | ||||||
| |||||||
| |||||||
| 1 | (6) The voter received a vote by mail ballot but did | ||||||
| 2 | not return the vote by mail ballot to the election | ||||||
| 3 | authority; or | ||||||
| 4 | (7) The voter attempted to register to vote on election | ||||||
| 5 | day, but failed to provide the necessary documentation. | ||||||
| 6 | (b) The procedure for obtaining and casting a provisional | ||||||
| 7 | ballot at the
polling place
shall be as follows:
| ||||||
| 8 | (1) After first verifying through an examination of the | ||||||
| 9 | precinct register that the person's address is within the | ||||||
| 10 | precinct boundaries, an election judge at the polling place | ||||||
| 11 | shall notify a person who is
entitled to cast a provisional | ||||||
| 12 | ballot pursuant to subsection (a)
that he or she may cast a | ||||||
| 13 | provisional ballot in that election.
An election judge
must | ||||||
| 14 | accept any information provided by a person who casts a | ||||||
| 15 | provisional ballot
that the person believes supports his or | ||||||
| 16 | her claim that he or she is a duly
registered voter and | ||||||
| 17 | qualified to vote in the election. However, if the person's | ||||||
| 18 | residence address is outside the precinct boundaries, the | ||||||
| 19 | election judge shall inform the person of that fact, give | ||||||
| 20 | the person the appropriate telephone number of the election | ||||||
| 21 | authority in order to locate the polling place assigned to | ||||||
| 22 | serve that address, and instruct the person to go to the | ||||||
| 23 | proper polling place to vote.
| ||||||
| 24 | (2) The person shall execute a written form provided by | ||||||
| 25 | the
election judge that shall state or contain all of the | ||||||
| 26 | following that is available:
| ||||||
| |||||||
| |||||||
| 1 |
(i) an affidavit stating the following:
| ||||||
| 2 | State of Illinois, County of ................, | ||||||
| 3 | Township
.............,
Precinct ........, Ward | ||||||
| 4 | ........, I, ......................., do solemnly
| ||||||
| 5 | swear (or affirm) that: I am a citizen of the | ||||||
| 6 | United States; I am 18 years of
age or older; I | ||||||
| 7 | have resided in this State and in this precinct for | ||||||
| 8 | 30 days
preceding this election; I have not voted | ||||||
| 9 | in this election; I am a duly
registered voter in | ||||||
| 10 | every respect; and I am eligible to vote in this | ||||||
| 11 | election.
Signature ...... Printed Name of Voter | ||||||
| 12 | ....... Printed Residence
Address of Voter ...... | ||||||
| 13 | City
...... State .... Zip Code ..... Telephone | ||||||
| 14 | Number ...... Date of Birth .......
and Illinois | ||||||
| 15 | Driver's License Number ....... or Last 4 digits of | ||||||
| 16 | Social
Security
Number ...... or State | ||||||
| 17 | Identification Card
Number issued to you by the | ||||||
| 18 | Illinois Secretary of State ........
| ||||||
| 19 | (ii) A box for the election judge to check one of | ||||||
| 20 | the 6 reasons why the
person was given a provisional | ||||||
| 21 | ballot under subsection (a) of this Section 18A-5.
| ||||||
| 22 | (iii) An area for the election judge to affix his | ||||||
| 23 | or her signature and to
set forth any facts that | ||||||
| 24 | support or oppose the allegation that the person is
not | ||||||
| 25 | qualified to vote in the precinct in which the person | ||||||
| 26 | is seeking to vote.
| ||||||
| |||||||
| |||||||
| 1 | The written affidavit form described in this | ||||||
| 2 | subsection (b)(2) must be
printed on a multi-part form | ||||||
| 3 | prescribed by the county clerk or board of
election | ||||||
| 4 | commissioners, as the case may be.
| ||||||
| 5 | (3) After the person executes the portion of the | ||||||
| 6 | written affidavit described
in subsection (b)(2)(i) of | ||||||
| 7 | this Section, the election judge shall complete the
portion | ||||||
| 8 | of the written affidavit described in subsection | ||||||
| 9 | (b)(2)(iii) and
(b)(2)(iv).
| ||||||
| 10 | (4) The election judge shall give a copy of the | ||||||
| 11 | completed written affidavit
to the person. The election | ||||||
| 12 | judge shall place the original written affidavit in
a | ||||||
| 13 | self-adhesive clear plastic packing list envelope that | ||||||
| 14 | must be attached to a
separate envelope marked as a | ||||||
| 15 | "provisional ballot envelope". The election judge
shall | ||||||
| 16 | also place any information provided by the person who casts | ||||||
| 17 | a provisional
ballot in the clear plastic packing list | ||||||
| 18 | envelope. Each county clerk or board
of election | ||||||
| 19 | commissioners, as the case may be,
must design, obtain or | ||||||
| 20 | procure self-adhesive clear plastic packing list
envelopes | ||||||
| 21 | and provisional ballot envelopes that are suitable for | ||||||
| 22 | implementing
this subsection (b)(4) of this Section.
| ||||||
| 23 | (5) The election judge shall provide the person with a | ||||||
| 24 | provisional ballot,
written instructions for casting a | ||||||
| 25 | provisional ballot, and the provisional
ballot envelope | ||||||
| 26 | with the clear plastic packing list envelope affixed to it,
| ||||||
| |||||||
| |||||||
| 1 | which contains the person's original written affidavit | ||||||
| 2 | and, if any, information
provided by the provisional voter | ||||||
| 3 | to support his or her claim that he or she is
a duly | ||||||
| 4 | registered voter. An election judge must also give the | ||||||
| 5 | person written
information that states that any person who | ||||||
| 6 | casts a provisional ballot shall be
able to ascertain, | ||||||
| 7 | pursuant to guidelines established by the State Board of
| ||||||
| 8 | Elections, whether the provisional vote was counted in the | ||||||
| 9 | official canvass of
votes for that election and, if the | ||||||
| 10 | provisional vote was not counted, the
reason that the vote | ||||||
| 11 | was not counted.
| ||||||
| 12 | (6) After the person has completed marking his or her | ||||||
| 13 | provisional ballot, he
or she shall place the marked ballot | ||||||
| 14 | inside of the provisional ballot envelope,
close and seal | ||||||
| 15 | the envelope, and return the envelope to an election judge, | ||||||
| 16 | who
shall then deposit the sealed provisional ballot | ||||||
| 17 | envelope into a securable
container separately identified | ||||||
| 18 | and utilized for containing sealed provisional
ballot | ||||||
| 19 | envelopes. Ballots that are provisional because they are | ||||||
| 20 | cast after 7:00 p.m. by court
order shall be kept separate | ||||||
| 21 | from other provisional ballots. Upon the closing of the | ||||||
| 22 | polls, the securable container shall
be
sealed with | ||||||
| 23 | filament tape provided for that purpose, which shall be | ||||||
| 24 | wrapped
around the box lengthwise and crosswise, at least | ||||||
| 25 | twice each way, and each of
the election judges shall sign | ||||||
| 26 | the seal.
| ||||||
| |||||||
| |||||||
| 1 | (c) Instead of the affidavit form described in subsection | ||||||
| 2 | (b), the county
clerk or board of election commissioners, as | ||||||
| 3 | the case may be, may design and
use a multi-part affidavit form | ||||||
| 4 | that is imprinted upon or attached to the
provisional ballot | ||||||
| 5 | envelope described in subsection (b). If a county clerk or
| ||||||
| 6 | board of election commissioners elects to design and use its | ||||||
| 7 | own multi-part
affidavit form, then the county clerk or board | ||||||
| 8 | of election commissioners shall
establish a mechanism for | ||||||
| 9 | accepting any information the provisional voter has
supplied to | ||||||
| 10 | the election judge to support his or her claim that he or she | ||||||
| 11 | is a
duly registered voter. In all other respects, a county | ||||||
| 12 | clerk or board of
election commissioners shall establish | ||||||
| 13 | procedures consistent with subsection
(b).
| ||||||
| 14 | (d) The county clerk or board of election commissioners, as | ||||||
| 15 | the case may be,
shall use the completed affidavit form | ||||||
| 16 | described in subsection (b) to update
the person's voter | ||||||
| 17 | registration information in the State voter registration
| ||||||
| 18 | database and voter registration database of the county clerk or | ||||||
| 19 | board of
election commissioners, as the case may be. If a | ||||||
| 20 | person is later determined not
to be a registered voter based | ||||||
| 21 | on Section 18A-15 of this Code, then the
affidavit shall be | ||||||
| 22 | processed by the county clerk or board of election
| ||||||
| 23 | commissioners, as the case may be, as a voter registration | ||||||
| 24 | application.
| ||||||
| 25 | (Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14; | ||||||
| 26 | 98-1171, eff. 6-1-15; revised 9-2-16.)
| ||||||
| |||||||
| |||||||
| 1 | (10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
| ||||||
| 2 | Sec. 20-5.
The election authority shall fold the ballot or | ||||||
| 3 | ballots in
the manner specified by the statute for folding | ||||||
| 4 | ballots prior to their
deposit in the ballot box and shall | ||||||
| 5 | enclose such ballot in an envelope
unsealed to be furnished by | ||||||
| 6 | it, which envelope shall bear upon the face
thereof the name, | ||||||
| 7 | official title and post office address of the election
| ||||||
| 8 | authority, and upon the other side of such envelope there shall | ||||||
| 9 | be
printed a certification in substantially the following form:
| ||||||
| 10 | "CERTIFICATION
| ||||||
| 11 | I state that I am a resident/former resident of the ....... | ||||||
| 12 | precinct of
the city/village/township of ............, | ||||||
| 13 | (Designation to be made by
Election Authority) or of the .... | ||||||
| 14 | ward in the city of ...........
(Designation to be made by | ||||||
| 15 | Election Authority) residing at ................
in said | ||||||
| 16 | city/village/township in the county of ........... and State of
| ||||||
| 17 | Illinois; that I am a
| ||||||
| 18 | 1. ( ) member of the United States Service
| ||||||
| 19 | 2. ( ) citizen of the United States temporarily residing | ||||||
| 20 | outside the
territorial limits of the United States
| ||||||
| 21 | 3. ( ) nonresident civilian citizen
| ||||||
| 22 | and desire to cast the enclosed ballot pursuant to Article 20 | ||||||
| 23 | of the The Election
Code; that I am lawfully entitled to vote | ||||||
| 24 | in such precinct at the ...........
election to be held on | ||||||
| 25 | ............
| ||||||
| |||||||
| |||||||
| 1 | I further state that I marked the enclosed ballot in | ||||||
| 2 | secret.
| ||||||
| 3 | Under penalties as provided by law pursuant to Article 29 | ||||||
| 4 | of the The
Election Code, the undersigned certifies that the | ||||||
| 5 | statements set forth
in this certification are true and | ||||||
| 6 | correct.
| ||||||
| 7 | ...............(Name)
| ||||||
| 8 | .....................
| ||||||
| 9 | (Service Address)"
| ||||||
| 10 | .....................
| ||||||
| 11 | .....................
| ||||||
| 12 | ....................."
| ||||||
| 13 | If the ballot enclosed is to be voted at a primary | ||||||
| 14 | election, the
certification shall designate the name of the | ||||||
| 15 | political party with which
the voter is affiliated.
| ||||||
| 16 | In addition to the above, the election authority shall | ||||||
| 17 | provide
printed slips giving full instructions regarding the | ||||||
| 18 | manner of completing
the forms and affidavits for registration | ||||||
| 19 | by mail or the manner of marking
and returning the ballot in | ||||||
| 20 | order that the same may be counted, and
shall furnish one of | ||||||
| 21 | the printed slips to each of the applicants at the
same time | ||||||
| 22 | the registration materials or ballot is delivered to him.
| ||||||
| 23 | In addition to the above, if a ballot to be provided to an | ||||||
| 24 | elector
pursuant to this Section contains a public question | ||||||
| 25 | described in subsection
(b) of Section 28-6 and the territory | ||||||
| 26 | concerning which the question is
to be submitted is not | ||||||
| |||||||
| |||||||
| 1 | described on the ballot due to the space limitations
of such | ||||||
| 2 | ballot, the election authority shall provide a printed copy of
| ||||||
| 3 | a notice of the public question, which shall include a | ||||||
| 4 | description of the
territory in the manner required by Section | ||||||
| 5 | 16-7. The
notice shall be furnished to the elector at the same | ||||||
| 6 | time the ballot
is delivered to the elector.
| ||||||
| 7 | The envelope in which such registration or such ballot is | ||||||
| 8 | mailed to the
voter as well as the envelope in which the | ||||||
| 9 | registration materials or the
ballot is returned by the voter | ||||||
| 10 | shall have
printed across the face thereof two parallel | ||||||
| 11 | horizontal red bars, each
one-quarter inch wide, extending from | ||||||
| 12 | one side of the envelope to the
other side, with an intervening | ||||||
| 13 | space of one-quarter inch, the top bar
to be one and | ||||||
| 14 | one-quarter inches from the top of the envelope, and with
the | ||||||
| 15 | words "Official Election Balloting Material-VIA AIR MAIL" | ||||||
| 16 | between the
bars. In the upper right corner of such envelope in | ||||||
| 17 | a box, there shall be
printed the words: "U.S. Postage Paid 42 | ||||||
| 18 | USC 1973". All printing
on the face of such envelopes shall be | ||||||
| 19 | in red, including an appropriate
inscription or blank in the | ||||||
| 20 | upper left corner of return address of sender.
| ||||||
| 21 | The envelope in which the ballot is returned to the | ||||||
| 22 | election authority may be delivered (i) by mail, postage paid, | ||||||
| 23 | (ii) in person, by the spouse, parent, child, brother, or | ||||||
| 24 | sister of the voter, or (iii) by a company engaged in the | ||||||
| 25 | business of making deliveries of property and licensed as a | ||||||
| 26 | motor carrier of property by the Illinois Commerce Commission | ||||||
| |||||||
| |||||||
| 1 | under the Illinois Commercial Transportation Law. | ||||||
| 2 | Election authorities transmitting ballots by facsimile or | ||||||
| 3 | electronic transmission shall, to the extent possible, provide | ||||||
| 4 | those applicants with the same instructions, certification, | ||||||
| 5 | and other materials required when sending by mail. | ||||||
| 6 | (Source: P.A. 98-1171, eff. 6-1-15; revised 10-25-16.)
| ||||||
| 7 | (10 ILCS 5/20-13) (from Ch. 46, par. 20-13)
| ||||||
| 8 | Sec. 20-13.
If otherwise qualified to vote, any person not | ||||||
| 9 | covered by Section
Sections 20-2, 20-2.1, or 20-2.2 of this | ||||||
| 10 | Article who is not registered to
vote and who is temporarily | ||||||
| 11 | absent from his county of residence, may make
special | ||||||
| 12 | application to the election authority having jurisdiction over
| ||||||
| 13 | his precinct of permanent residence, not less than 5 days
| ||||||
| 14 | before a presidential election, for a vote by mail ballot to | ||||||
| 15 | vote for the
president and vice-president only. Such | ||||||
| 16 | application shall be furnished by
the election authority and | ||||||
| 17 | shall be in substantially the following form:
| ||||||
| 18 | SPECIAL VOTE BY MAIL BALLOT APPLICATION (For use by | ||||||
| 19 | non-registered Illinois
residents temporarily absent from the | ||||||
| 20 | county to vote for the president and
vice-president only)
| ||||||
| 21 | AFFIDAVIT
| ||||||
| 22 | 1. I hereby request a vote by mail ballot to vote for the | ||||||
| 23 | president and
vice-president only ......... (insert date of | ||||||
| 24 | general election)
| ||||||
| 25 | 2. I am a citizen of the United States and a permanent | ||||||
| |||||||
| |||||||
| 1 | resident of Illinois.
| ||||||
| 2 | 3. I have maintained, and still maintain, a permanent abode | ||||||
| 3 | in Illinois
for the past .......... years at: .......... | ||||||
| 4 | (House) .......... (Number)
.......... (Street) .......... | ||||||
| 5 | (City) .......... (Village) .......... (Town)
| ||||||
| 6 | 4. I will not be able to regularly register in person as a | ||||||
| 7 | voter because
.................... (Give reason for temporary | ||||||
| 8 | absence such as "Student",
"Temporary job transfer", etc.)
| ||||||
| 9 | 5. I was born .......... (Month) .......... (Day) | ||||||
| 10 | .......... (Year) in
.................... (State or County);
| ||||||
| 11 | 6. To be filled in only by a person who is foreign-born (If | ||||||
| 12 | answer is
"yes" in either a. or b. below, fill in appropriate | ||||||
| 13 | information in c.):
| ||||||
| 14 | a. One or both of my parents were United States citizens at | ||||||
| 15 | the
time of my birth?
| ||||||
| 16 | ( ) YES ( ) NO )
| ||||||
| 17 | b. My United States citizenship was derived through an act | ||||||
| 18 | of the Congress
of the United States?
| ||||||
| 19 | ( ) YES ( ) NO
| ||||||
| 20 | c. The name of the court issuing papers and the date | ||||||
| 21 | thereof upon which
my United States citizenship was derived is | ||||||
| 22 | .................... located
in .......... (City) .......... | ||||||
| 23 | (State) on .......... (Month) ..........
(Day) .......... | ||||||
| 24 | (Year)
| ||||||
| 25 | (For persons who derived citizenship through papers issued | ||||||
| 26 | through a parent
or spouse, fill in the following)
| ||||||
| |||||||
| |||||||
| 1 | (1) My parents or spouse's name is:
| ||||||
| 2 | ......... (First) .......... (Middle) .......... (Last)
| ||||||
| 3 | (2) ........ (Month) .......... (Day) .......... (Year)
| ||||||
| 4 | is the date of my marriage or my age at which time I | ||||||
| 5 | derived my citizenship.
| ||||||
| 6 | 7. I am not registered as a voter in any other county in | ||||||
| 7 | the State of
Illinois or in any other State.
| ||||||
| 8 | 8. I am not requesting a ballot from any other place and am | ||||||
| 9 | not voting
in any other manner in this election and I have not | ||||||
| 10 | voted and do not intend
to vote in this election at any other | ||||||
| 11 | address. I request that you mail
my ballot to the following | ||||||
| 12 | address:
| ||||||
| 13 | (Print name and complete mailing address)
| ||||||
| 14 | .........................................
| ||||||
| 15 | .........................................
| ||||||
| 16 | .........................................
| ||||||
| 17 | 9. Under penalties as provided by law pursuant to Article | ||||||
| 18 | 29 of The
Election Code, the undersigned certifies that the | ||||||
| 19 | statements set forth in
this application are true and correct.
| ||||||
| 20 | ......................
| ||||||
| 21 | Signature of Applicant
| ||||||
| 22 | The procedures set forth in Sections 20-4 through 20-12 of | ||||||
| 23 | this Article,
insofar as they may be made applicable, shall be | ||||||
| 24 | applicable to vote by mail
voting under this Section.
| ||||||
| 25 | (Source: P.A. 98-1171, eff. 6-1-15; revised 9-6-16.)
| ||||||
| |||||||
| |||||||
| 1 | (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
| ||||||
| 2 | Sec. 24A-15.1. Except as herein provided, discovery | ||||||
| 3 | recounts and election
contests shall be conducted as otherwise | ||||||
| 4 | provided for in this "The Election Code",
as amended. The | ||||||
| 5 | automatic tabulating equipment shall be tested prior to the
| ||||||
| 6 | discovery recount or election contest as provided in Section | ||||||
| 7 | 24A-9, and
then the official ballots or ballot cards shall be | ||||||
| 8 | recounted on the
automatic tabulating equipment. In addition, | ||||||
| 9 | (1) the ballot or ballot cards
shall be checked for the | ||||||
| 10 | presence or absence of judges' initials and other
| ||||||
| 11 | distinguishing marks, and (2) the ballots marked "Rejected", | ||||||
| 12 | "Defective",
"Objected to",
"Vote by Mail Ballot", and "Early | ||||||
| 13 | Ballot" shall be
examined
to determine the
propriety of the | ||||||
| 14 | labels, and (3) the "Duplicate Vote by Mail Ballots",
| ||||||
| 15 | "Duplicate Early Ballots",
"Duplicate Overvoted Ballots", and | ||||||
| 16 | "Duplicate
Damaged Ballots" shall be
compared with their | ||||||
| 17 | respective originals to determine the correctness of
the | ||||||
| 18 | duplicates.
| ||||||
| 19 | Any person who has filed a petition for discovery recount | ||||||
| 20 | may request that
a redundant count be conducted in those | ||||||
| 21 | precincts in which the discovery
recount is being conducted. | ||||||
| 22 | The additional costs of such a redundant count
shall be borne | ||||||
| 23 | by the requesting party.
| ||||||
| 24 | The log of the computer operator and all materials retained | ||||||
| 25 | by the election
authority in relation to vote tabulation and | ||||||
| 26 | canvass shall be made available
for any discovery recount or | ||||||
| |||||||
| |||||||
| 1 | election contest.
| ||||||
| 2 | (Source: P.A. 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15; | ||||||
| 3 | revised 9-2-16.)
| ||||||
| 4 | Section 75. The State Budget Law of the Civil | ||||||
| 5 | Administrative Code of Illinois is amended by changing Section | ||||||
| 6 | 50-15 as follows:
| ||||||
| 7 | (15 ILCS 20/50-15) (was 15 ILCS 20/38.2)
| ||||||
| 8 | Sec. 50-15. Department accountability reports.
| ||||||
| 9 | (a) Beginning in the fiscal year which begins July 1, 1992,
| ||||||
| 10 | each department of State government as listed in Section 5-15 | ||||||
| 11 | of
the Departments of State Government Law (20 ILCS 5/5-15)
| ||||||
| 12 | shall submit an annual accountability report to the
Bureau of | ||||||
| 13 | the Budget (now Governor's Office of Management and Budget)
at | ||||||
| 14 | times designated by the Director of the Bureau of the Budget | ||||||
| 15 | (now
Governor's Office of Management and Budget).
Each
| ||||||
| 16 | accountability report shall be designed to assist the
Bureau | ||||||
| 17 | (now Office)
in its duties under Sections 2.2 and 2.3 of the
| ||||||
| 18 | Governor's Office of Management and Budget Act and
shall | ||||||
| 19 | measure the department's performance based on criteria, goals, | ||||||
| 20 | and
objectives established by the department with the oversight | ||||||
| 21 | and assistance
of the
Bureau (now Office). Each department | ||||||
| 22 | shall also submit
interim
progress reports at times designated | ||||||
| 23 | by the Director of the
Bureau (now Office).
| ||||||
| 24 | (b) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (c) The Director of the Bureau (now Office)
shall select | ||||||
| 2 | not more than 3
departments for a pilot program implementing | ||||||
| 3 | the procedures of
subsection (a) for budget requests for the | ||||||
| 4 | fiscal years beginning July 1,
1990 and July 1, 1991, and each | ||||||
| 5 | of the departments elected shall submit
accountability reports | ||||||
| 6 | for those fiscal years.
| ||||||
| 7 | By April 1, 1991, the
Bureau (now Office)
shall recommend | ||||||
| 8 | in writing to the
Governor
any changes in the budget review | ||||||
| 9 | process established pursuant to this
Section suggested by its | ||||||
| 10 | evaluation of the pilot program. The Governor
shall submit | ||||||
| 11 | changes to the budget review process that the Governor
plans to | ||||||
| 12 | adopt,
based on the report, to the President and Minority | ||||||
| 13 | Leader of the Senate and
the Speaker and Minority Leader of the | ||||||
| 14 | House of Representatives.
| ||||||
| 15 | (Source: P.A. 94-793, eff. 5-19-06; revised 9-19-16.)
| ||||||
| 16 | Section 80. The Secretary of State Act is amended by | ||||||
| 17 | changing Section 6 as follows:
| ||||||
| 18 | (15 ILCS 305/6) (from Ch. 124, par. 6)
| ||||||
| 19 | Sec. 6. The Secretary of State shall keep a current file, | ||||||
| 20 | in
alphabetical order, of every sanitary district in the State. | ||||||
| 21 | Whenever an ordinance for a name change is passed pursuant to | ||||||
| 22 | Section 4.1
of the "Sanitary District Act of 1917, as now or | ||||||
| 23 | hereafter amended, he shall
make the certification required by | ||||||
| 24 | that Section.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 80-424; revised 9-19-16.)
| ||||||
| 2 | Section 85. The Illinois Identification Card Act is amended | ||||||
| 3 | by changing Sections 1A, 5, and 12 as follows:
| ||||||
| 4 | (15 ILCS 335/1A) | ||||||
| 5 | Sec. 1A. Definitions. As used in this Act: | ||||||
| 6 | "Highly restricted personal information" means an | ||||||
| 7 | individual's photograph, signature, social security number, | ||||||
| 8 | and medical or disability information. | ||||||
| 9 | "Identification card making implement" means any material, | ||||||
| 10 | hardware, or software that is specifically designed for or | ||||||
| 11 | primarily used in the manufacture, assembly, issuance, or | ||||||
| 12 | authentication of an official identification card issued by the | ||||||
| 13 | Secretary of State. | ||||||
| 14 | "Fraudulent identification card" means any identification | ||||||
| 15 | card
that purports to be an official identification card for | ||||||
| 16 | which a computerized
number and file have not been created by | ||||||
| 17 | the Secretary of State, the United
States Government or any | ||||||
| 18 | state or political subdivision thereof, or any
governmental or | ||||||
| 19 | quasi-governmental organization. For the purpose of this
Act, | ||||||
| 20 | any identification card that resembles an official | ||||||
| 21 | identification
card in either size, color, photograph | ||||||
| 22 | location, or design or uses the word
"official", "state", | ||||||
| 23 | "Illinois", or the name of any other state or
political | ||||||
| 24 | subdivision thereof, or any governmental or quasi-governmental
| ||||||
| |||||||
| |||||||
| 1 | organization individually or in any combination
thereof to | ||||||
| 2 | describe or modify the term "identification card" or "I.D. | ||||||
| 3 | card"
anywhere on the card, or uses a shape in the likeness of | ||||||
| 4 | Illinois
or any other state on the photograph side of
the card, | ||||||
| 5 | is deemed to be a fraudulent identification card unless the | ||||||
| 6 | words
"This is not an official Identification Card", appear | ||||||
| 7 | prominently upon it in
black colored lettering in 12-point 12 | ||||||
| 8 | point type on the photograph side of the card,
and no such card | ||||||
| 9 | shall be smaller in size than 3 inches by 4 inches, and the
| ||||||
| 10 | photograph shall be on the left side of the card only. | ||||||
| 11 | "Legal name" means the full given name and surname of an | ||||||
| 12 | individual as recorded at birth, recorded at marriage, or | ||||||
| 13 | deemed as the correct legal name for use in reporting income by | ||||||
| 14 | the Social Security Administration or the name as otherwise | ||||||
| 15 | established through legal action that appears on the associated | ||||||
| 16 | official document presented to the Secretary of State. | ||||||
| 17 | "Personally identifying information" means information | ||||||
| 18 | that identifies an individual, including his or her | ||||||
| 19 | identification card number, name, address (but not the 5-digit | ||||||
| 20 | zip code), and telephone number.
| ||||||
| 21 | "Homeless person" or "homeless individual" has the same | ||||||
| 22 | meaning as defined by the federal McKinney-Vento Homeless | ||||||
| 23 | Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2). | ||||||
| 24 | "Youth for whom the Department of Children and Family | ||||||
| 25 | Services is legally responsible for" or "foster "Foster child" | ||||||
| 26 | means a child or youth whose guardianship or custody has been | ||||||
| |||||||
| |||||||
| 1 | accepted by the Department of Children and Family Services | ||||||
| 2 | pursuant to the Juvenile Court Act of 1987, the Children and | ||||||
| 3 | Family Services Act, the Abused and Neglected Child Reporting | ||||||
| 4 | Act, and the Adoption Act. This applies to children for whom | ||||||
| 5 | the Department of Children and Family Services has temporary | ||||||
| 6 | protective custody, custody or guardianship via court order, or | ||||||
| 7 | children whose parents have signed an adoptive surrender or | ||||||
| 8 | voluntary placement agreement with the Department. | ||||||
| 9 | (Source: P.A. 99-659, eff. 7-28-16; revised 10-3-16.)
| ||||||
| 10 | (15 ILCS 335/5) (from Ch. 124, par. 25)
| ||||||
| 11 | Sec. 5. Applications. | ||||||
| 12 | (a) Any natural person who is a resident of the
State of | ||||||
| 13 | Illinois may file an application for an identification card, or | ||||||
| 14 | for
the renewal thereof, in a manner prescribed by the | ||||||
| 15 | Secretary. Each original application
shall be completed by the | ||||||
| 16 | applicant in full and shall set forth the legal
name,
residence | ||||||
| 17 | address and zip code, social security number, birth date, sex | ||||||
| 18 | and
a brief
description of the applicant. The applicant shall | ||||||
| 19 | be photographed, unless the Secretary of State has provided by | ||||||
| 20 | rule for the issuance of identification cards without | ||||||
| 21 | photographs and the applicant is deemed eligible for an | ||||||
| 22 | identification card without a photograph under the terms and | ||||||
| 23 | conditions imposed by the Secretary of State, and he
or she | ||||||
| 24 | shall also submit any other information as the Secretary may | ||||||
| 25 | deem necessary
or such documentation as the Secretary may | ||||||
| |||||||
| |||||||
| 1 | require to determine the
identity of the applicant. In addition | ||||||
| 2 | to the residence address, the Secretary may allow the applicant | ||||||
| 3 | to provide a mailing address. If the applicant is a judicial | ||||||
| 4 | officer as defined in Section 1-10 of the Judicial Privacy Act | ||||||
| 5 | or a peace officer, the applicant may elect to have his or her | ||||||
| 6 | office or work address in lieu of the applicant's residence or | ||||||
| 7 | mailing address. An applicant for an Illinois Person with a | ||||||
| 8 | Disability Identification Card must
also submit with each | ||||||
| 9 | original or renewal application, on forms prescribed
by the | ||||||
| 10 | Secretary, such documentation as the Secretary may require,
| ||||||
| 11 | establishing that the applicant is a "person with a disability" | ||||||
| 12 | as defined in
Section 4A of this Act, and setting forth the | ||||||
| 13 | applicant's type and class of
disability as set forth in | ||||||
| 14 | Section 4A of this Act.
For the purposes of this subsection | ||||||
| 15 | (a), "peace officer" means any person who by virtue of his or | ||||||
| 16 | her office or public employment is vested by law with a duty to | ||||||
| 17 | maintain public order or to make arrests for a violation of any | ||||||
| 18 | penal statute of this State, whether that duty extends to all | ||||||
| 19 | violations or is limited to specific violations.
| ||||||
| 20 | (b) Beginning on or before July 1, 2015, for each original | ||||||
| 21 | or renewal identification card application under this Act, the | ||||||
| 22 | Secretary shall inquire as to whether the applicant is a | ||||||
| 23 | veteran for purposes of issuing an identification card with a | ||||||
| 24 | veteran designation under subsection (c-5) of Section 4 of this | ||||||
| 25 | Act. The acceptable forms of proof shall include, but are not | ||||||
| 26 | limited to, Department of Defense form DD-214. The Illinois | ||||||
| |||||||
| |||||||
| 1 | Department of Veterans' Affairs shall advise the Secretary as | ||||||
| 2 | to what other forms of proof of a person's status as a veteran | ||||||
| 3 | are acceptable. | ||||||
| 4 | The Illinois Department of Veterans' Affairs shall confirm | ||||||
| 5 | the status of the applicant as an honorably discharged veteran | ||||||
| 6 | before the Secretary may issue the identification card. | ||||||
| 7 | For purposes of this subsection (b): | ||||||
| 8 | "Armed forces" means any of the Armed Forces of the United | ||||||
| 9 | States, including a member of any reserve component or National | ||||||
| 10 | Guard unit. | ||||||
| 11 | "Veteran" means a person who has served in the armed forces | ||||||
| 12 | and was discharged or separated under honorable conditions. | ||||||
| 13 | (c) Beginning July 1, 2017, all applicants for standard | ||||||
| 14 | Illinois Identification Cards and Illinois Person with a | ||||||
| 15 | Disability Identification Cards shall provide proof of lawful | ||||||
| 16 | status in the United States as defined in 6 CFR 37.3, as | ||||||
| 17 | amended. Applicants who are unable to provide the Secretary | ||||||
| 18 | with proof of lawful status are ineligible for identification | ||||||
| 19 | cards under this Act. | ||||||
| 20 | (Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; | ||||||
| 21 | 99-511, eff. 1-1-17; 99-544, eff. 7-15-16; revised 9-21-16.)
| ||||||
| 22 | (15 ILCS 335/12) (from Ch. 124, par. 32) | ||||||
| 23 | (Text of Section before amendment by P.A. 99-907) | ||||||
| 24 | Sec. 12. Fees concerning standard Standard Illinois | ||||||
| 25 | Identification Cards. The fees required under this Act for | ||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | standard Illinois
Identification Cards must accompany any | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | application provided for in this
Act, and the Secretary shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | collect such fees as follows: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||
| ||||||||||||||
| ||||||||||||||
| 4 | All fees collected under this Act shall be paid into the | |||||||||||||
| 5 | Road Fund of the State treasury, except that the following | |||||||||||||
| 6 | amounts shall be paid into the General Revenue Fund:
(i) 80% of | |||||||||||||
| 7 | the fee for an original, renewal, or duplicate Illinois | |||||||||||||
| 8 | Identification Card issued on or after January 1, 2005;
and | |||||||||||||
| 9 | (ii) 80% of the fee for a corrected Illinois Identification | |||||||||||||
| 10 | Card issued on or after January 1, 2005.
| |||||||||||||
| 11 | An individual, who resides in a veterans home or veterans | |||||||||||||
| 12 | hospital
operated by the State state or federal government, who | |||||||||||||
| 13 | makes an application for an
Illinois Identification Card to be | |||||||||||||
| 14 | issued at no fee, must submit, along
with the application, an | |||||||||||||
| 15 | affirmation by the applicant on a form provided by
the | |||||||||||||
| 16 | Secretary of State, that such person resides in a veterans home | |||||||||||||
| 17 | or
veterans hospital operated by the State state or federal | |||||||||||||
| 18 | government. | |||||||||||||
| 19 | The application of a homeless individual for an Illinois | |||||||||||||
| 20 | Identification Card to be issued at no fee must be accompanied | |||||||||||||
| 21 | by an affirmation by a qualified person, as defined in Section | |||||||||||||
| 22 | 4C of this Act, on a form provided by the Secretary of State, | |||||||||||||
| 23 | that the applicant is currently homeless as defined in Section | |||||||||||||
| 24 | 1A of this Act. | |||||||||||||
| 25 | For the application for the first Illinois Identification | |||||||||||||
| 26 | Card of a youth for whom the Department of Children and Family | |||||||||||||
| |||||||
| |||||||
| 1 | Services is legally responsible for or a foster child to be | ||||||
| 2 | issued at no fee, the youth must submit, along with the | ||||||
| 3 | application, an affirmation by his or her court appointed | ||||||
| 4 | attorney or an employee of the Department of Children and | ||||||
| 5 | Family Services on a form provided by the Secretary of State, | ||||||
| 6 | that the person is a youth for whom the Department of Children | ||||||
| 7 | and Family Services is legally responsible for or a foster | ||||||
| 8 | child. | ||||||
| 9 | The fee for any duplicate identification card shall be | ||||||
| 10 | waived for any person who presents the Secretary of State's | ||||||
| 11 | Office with a police report showing that his or her | ||||||
| 12 | identification card was stolen. | ||||||
| 13 | The fee for any duplicate identification card shall be | ||||||
| 14 | waived for any person age 60 or older whose identification card | ||||||
| 15 | has been lost or stolen. | ||||||
| 16 | As used in this Section, "active-duty member of the United | ||||||
| 17 | States Armed Forces" means a member of the Armed Services or | ||||||
| 18 | Reserve Forces of the United States or a member of the Illinois | ||||||
| 19 | National Guard who is called to active duty pursuant to an | ||||||
| 20 | executive order of the President of the United States, an act | ||||||
| 21 | of the Congress of the United States, or an order of the | ||||||
| 22 | Governor. | ||||||
| 23 | (Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-16; | ||||||
| 24 | revised 9-21-16.)
| ||||||
| 25 | (Text of Section after amendment by P.A. 99-907) | ||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | Sec. 12. Fees concerning standard Standard Illinois | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | Identification Cards. The fees required under this Act for | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | standard Illinois
Identification Cards must accompany any | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | application provided for in this
Act, and the Secretary shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | collect such fees as follows: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 21 | All fees collected under this Act shall be paid into the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 22 | Road Fund of the State treasury, except that the following | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 23 | amounts shall be paid into the General Revenue Fund:
(i) 80% of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 24 | the fee for an original, renewal, or duplicate Illinois | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 25 | Identification Card issued on or after January 1, 2005;
and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 26 | (ii) 80% of the fee for a corrected Illinois Identification | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | Card issued on or after January 1, 2005.
| ||||||
| 2 | An individual, who resides in a veterans home or veterans | ||||||
| 3 | hospital
operated by the State state or federal government, who | ||||||
| 4 | makes an application for an
Illinois Identification Card to be | ||||||
| 5 | issued at no fee, must submit, along
with the application, an | ||||||
| 6 | affirmation by the applicant on a form provided by
the | ||||||
| 7 | Secretary of State, that such person resides in a veterans home | ||||||
| 8 | or
veterans hospital operated by the State state or federal | ||||||
| 9 | government. | ||||||
| 10 | The application of a homeless individual for an Illinois | ||||||
| 11 | Identification Card to be issued at no fee must be accompanied | ||||||
| 12 | by an affirmation by a qualified person, as defined in Section | ||||||
| 13 | 4C of this Act, on a form provided by the Secretary of State, | ||||||
| 14 | that the applicant is currently homeless as defined in Section | ||||||
| 15 | 1A of this Act. | ||||||
| 16 | For the application for the first Illinois Identification | ||||||
| 17 | Card of a youth for whom the Department of Children and Family | ||||||
| 18 | Services is legally responsible for or a foster child to be | ||||||
| 19 | issued at no fee, the youth must submit, along with the | ||||||
| 20 | application, an affirmation by his or her court appointed | ||||||
| 21 | attorney or an employee of the Department of Children and | ||||||
| 22 | Family Services on a form provided by the Secretary of State, | ||||||
| 23 | that the person is a youth for whom the Department of Children | ||||||
| 24 | and Family Services is legally responsible for or a foster | ||||||
| 25 | child. | ||||||
| 26 | The fee for any duplicate identification card shall be | ||||||
| |||||||
| |||||||
| 1 | waived for any person who presents the Secretary of State's | ||||||
| 2 | Office with a police report showing that his or her | ||||||
| 3 | identification card was stolen. | ||||||
| 4 | The fee for any duplicate identification card shall be | ||||||
| 5 | waived for any person age 60 or older whose identification card | ||||||
| 6 | has been lost or stolen. | ||||||
| 7 | As used in this Section, "active-duty member of the United | ||||||
| 8 | States Armed Forces" means a member of the Armed Services or | ||||||
| 9 | Reserve Forces of the United States or a member of the Illinois | ||||||
| 10 | National Guard who is called to active duty pursuant to an | ||||||
| 11 | executive order of the President of the United States, an act | ||||||
| 12 | of the Congress of the United States, or an order of the | ||||||
| 13 | Governor. | ||||||
| 14 | (Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-16; | ||||||
| 15 | 99-907, eff. 7-1-17; revised 1-3-17.)
| ||||||
| 16 | Section 90. The State Comptroller Act is amended by | ||||||
| 17 | changing Section 22 as follows:
| ||||||
| 18 | (15 ILCS 405/22) (from Ch. 15, par. 222)
| ||||||
| 19 | Sec. 22. Transition; Auditor Transition-Auditor of Public | ||||||
| 20 | Accounts to comptroller.
| ||||||
| 21 | (a) Except as otherwise specifically provided by law, the | ||||||
| 22 | comptroller
shall succeed to all rights, powers, duties and | ||||||
| 23 | liabilities of the Auditor
of Public Accounts in effect on | ||||||
| 24 | January 7, 1973. Warrants outstanding on
the effective date of | ||||||
| |||||||
| |||||||
| 1 | this Act shall be governed by the law in effect on
January 7, | ||||||
| 2 | 1973, except for such provisions of this Act as may be made
| ||||||
| 3 | applicable to such warrants by regulation adopted by the | ||||||
| 4 | comptroller with
the approval of the State Treasurer. All | ||||||
| 5 | books, records, equipment,
property, and personnel held by, in | ||||||
| 6 | the custody of or employed by the
Auditor of Public Accounts on | ||||||
| 7 | that date shall be transferred to the
comptroller on the | ||||||
| 8 | effective date of this Act. This transfer of personnel
from the | ||||||
| 9 | office of Auditor of Public Accounts to the office of the
| ||||||
| 10 | comptroller shall in no way affect the status of such personnel | ||||||
| 11 | under the
"Personnel Code" or the State Employees Retirement | ||||||
| 12 | System or as respects
any employment benefits to which they | ||||||
| 13 | were entitled on the day immediately
preceding the transfer.
| ||||||
| 14 | (b) In order to achieve a smooth and orderly transition | ||||||
| 15 | from the system
of accounts and reports maintained or provided | ||||||
| 16 | by or for the Auditor of
Public Accounts to the new uniform | ||||||
| 17 | accounting system and the expanded
reporting and | ||||||
| 18 | accountability for public funds required by this Act, and the
| ||||||
| 19 | warrant and payroll procedures required by this Act which may | ||||||
| 20 | be different
from those provided by the law in effect on | ||||||
| 21 | January 7, 1973, the
comptroller may, by interim regulations, | ||||||
| 22 | provide for the gradual changeover
to the new systems, forms | ||||||
| 23 | and procedures. The complete implementation of
the new uniform | ||||||
| 24 | accounting system and of the forms and procedures for
reporting | ||||||
| 25 | and documentation by all State agencies and the handling of
| ||||||
| 26 | warrants and payroll, as provided by this Act, must be | ||||||
| |||||||
| |||||||
| 1 | finalized and in
effect no later than July 1, 1974.
| ||||||
| 2 | (c) The Warrant Escheat Fund, a special fund of which the | ||||||
| 3 | State
Treasurer is ex officio ex-officio custodian, as | ||||||
| 4 | heretofore established by law is
retained.
| ||||||
| 5 | (Source: P.A. 77-2807; revised 9-19-16.)
| ||||||
| 6 | Section 95. The Department of Agriculture Law of the Civil | ||||||
| 7 | Administrative
Code of Illinois is amended by changing Section | ||||||
| 8 | 205-15 as follows:
| ||||||
| 9 | (20 ILCS 205/205-15) (was 20 ILCS 205/40.7 and 205/40.8)
| ||||||
| 10 | Sec. 205-15. Promotional activities.
| ||||||
| 11 | (a) The Department has the power to encourage and promote, | ||||||
| 12 | in every
practicable manner,
the interests of agriculture, | ||||||
| 13 | including horticulture, the livestock
industry, dairying, | ||||||
| 14 | cheese making, poultry, bee keeping, forestry, the
production | ||||||
| 15 | of wool, and all other allied industries. In furtherance of
the | ||||||
| 16 | duties set forth in this Section, the Department may
establish | ||||||
| 17 | trust
funds and bank accounts in adequately protected financial | ||||||
| 18 | institutions
to receive and disburse monies in connection with | ||||||
| 19 | the conduct of food
shows, food expositions, trade shows, and | ||||||
| 20 | other promotional activities and
to
sell
at cost, to qualified | ||||||
| 21 | applicants, signs designating farms that
have been
owned for | ||||||
| 22 | 100
years
or more,
150 years or more, or 200 years or more
by | ||||||
| 23 | lineal or collateral descendants of the same family as
| ||||||
| 24 | "Centennial Farms", "Sesquicentennial Farms", or "Bicentennial | ||||||
| |||||||
| |||||||
| 1 | Farms" respectively. The
Department shall provide applications | ||||||
| 2 | for the signs, which shall
be submitted
with the
required fee. | ||||||
| 3 | "Centennial Farms",
"Sesquicentennial Farms", and | ||||||
| 4 | "Bicentennial Farms"
signs shall not contain within their
| ||||||
| 5 | design
the name,
picture, or other likeness of any elected | ||||||
| 6 | public official or any appointed
public official.
| ||||||
| 7 | (b) The Department has the power to promote improved
| ||||||
| 8 | methods of conducting the several
industries described in | ||||||
| 9 | subsection (a) with a view to increasing the
production and | ||||||
| 10 | facilitating the
distribution thereof at the least cost.
| ||||||
| 11 | (c) The Department may sell at cost, to qualified | ||||||
| 12 | applicants, signs designating an agribusiness that has been | ||||||
| 13 | operated for 100 years or more or more than 150 years or more | ||||||
| 14 | as the same agribusiness. As used in this subsection (c), | ||||||
| 15 | "agribusiness" means a business or businesses under the same | ||||||
| 16 | name or ownership that are collectively associated with the | ||||||
| 17 | production, processing, and distribution of agricultural | ||||||
| 18 | products. The Department shall provide applications for the | ||||||
| 19 | signs, which shall be submitted with the required fee. | ||||||
| 20 | (Source: P.A. 99-823, eff. 1-1-17; 99-824, eff. 8-16-16; | ||||||
| 21 | revised 10-11-16.)
| ||||||
| 22 | Section 100. The Alcoholism and Other Drug Abuse and | ||||||
| 23 | Dependency Act is amended by changing Sections 5-23 and 10-15 | ||||||
| 24 | as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 301/5-23) | ||||||
| 2 | Sec. 5-23. Drug Overdose Prevention Program. | ||||||
| 3 | (a) Reports of drug overdose. | ||||||
| 4 | (1) The Director of the Division of Alcoholism and | ||||||
| 5 | Substance Abuse shall publish annually a report on drug | ||||||
| 6 | overdose trends statewide that reviews State death rates | ||||||
| 7 | from available data to ascertain changes in the causes or | ||||||
| 8 | rates of fatal and nonfatal drug overdose. The report shall | ||||||
| 9 | also provide information on interventions that would be | ||||||
| 10 | effective in reducing the rate of fatal or nonfatal drug | ||||||
| 11 | overdose and shall include an analysis of drug overdose | ||||||
| 12 | information reported to the Department of Public Health | ||||||
| 13 | pursuant to subsection (e) of Section 3-3013 of the | ||||||
| 14 | Counties Code, Section 6.14g of the Hospital Licensing Act, | ||||||
| 15 | and subsection (j) of Section 22-30 of the School Code. | ||||||
| 16 | (2) The report may include: | ||||||
| 17 | (A) Trends in drug overdose death rates. | ||||||
| 18 | (B) Trends in emergency room utilization related | ||||||
| 19 | to drug overdose and the cost impact of emergency room | ||||||
| 20 | utilization. | ||||||
| 21 | (C) Trends in utilization of pre-hospital and | ||||||
| 22 | emergency services and the cost impact of emergency | ||||||
| 23 | services utilization. | ||||||
| 24 | (D) Suggested improvements in data collection. | ||||||
| 25 | (E) A description of other interventions effective | ||||||
| 26 | in reducing the rate of fatal or nonfatal drug | ||||||
| |||||||
| |||||||
| 1 | overdose. | ||||||
| 2 | (F) A description of efforts undertaken to educate | ||||||
| 3 | the public about unused medication and about how to | ||||||
| 4 | properly dispose of unused medication, including the | ||||||
| 5 | number of registered collection receptacles in this | ||||||
| 6 | State, mail-back programs, and drug take-back events. | ||||||
| 7 | (b) Programs; drug overdose prevention. | ||||||
| 8 | (1) The Director may establish a program to provide for | ||||||
| 9 | the production and publication, in electronic and other | ||||||
| 10 | formats, of drug overdose prevention, recognition, and | ||||||
| 11 | response literature. The Director may develop and | ||||||
| 12 | disseminate curricula for use by professionals, | ||||||
| 13 | organizations, individuals, or committees interested in | ||||||
| 14 | the prevention of fatal and nonfatal drug overdose, | ||||||
| 15 | including, but not limited to, drug users, jail and prison | ||||||
| 16 | personnel, jail and prison inmates, drug treatment | ||||||
| 17 | professionals, emergency medical personnel, hospital | ||||||
| 18 | staff, families and associates of drug users, peace | ||||||
| 19 | officers, firefighters, public safety officers, needle | ||||||
| 20 | exchange program staff, and other persons. In addition to | ||||||
| 21 | information regarding drug overdose prevention, | ||||||
| 22 | recognition, and response, literature produced by the | ||||||
| 23 | Department shall stress that drug use remains illegal and | ||||||
| 24 | highly dangerous and that complete abstinence from illegal | ||||||
| 25 | drug use is the healthiest choice. The literature shall | ||||||
| 26 | provide information and resources for substance abuse | ||||||
| |||||||
| |||||||
| 1 | treatment. | ||||||
| 2 | The Director may establish or authorize programs for | ||||||
| 3 | prescribing, dispensing, or distributing opioid | ||||||
| 4 | antagonists for the treatment of drug overdose. Such | ||||||
| 5 | programs may include the prescribing of opioid antagonists | ||||||
| 6 | for the treatment of drug overdose to a person who is not | ||||||
| 7 | at risk of opioid overdose but who, in the judgment of the | ||||||
| 8 | health care professional, may be in a position to assist | ||||||
| 9 | another individual during an opioid-related drug overdose | ||||||
| 10 | and who has received basic instruction on how to administer | ||||||
| 11 | an opioid antagonist. | ||||||
| 12 | (2) The Director may provide advice to State and local | ||||||
| 13 | officials on the growing drug overdose crisis, including | ||||||
| 14 | the prevalence of drug overdose incidents, programs | ||||||
| 15 | promoting the disposal of unused prescription drugs, | ||||||
| 16 | trends in drug overdose incidents, and solutions to the | ||||||
| 17 | drug overdose crisis. | ||||||
| 18 | (c) Grants. | ||||||
| 19 | (1) The Director may award grants, in accordance with | ||||||
| 20 | this subsection, to create or support local drug overdose | ||||||
| 21 | prevention, recognition, and response projects. Local | ||||||
| 22 | health departments, correctional institutions, hospitals, | ||||||
| 23 | universities, community-based organizations, and | ||||||
| 24 | faith-based organizations may apply to the Department for a | ||||||
| 25 | grant under this subsection at the time and in the manner | ||||||
| 26 | the Director prescribes. | ||||||
| |||||||
| |||||||
| 1 | (2) In awarding grants, the Director shall consider the | ||||||
| 2 | necessity for overdose prevention projects in various | ||||||
| 3 | settings and shall encourage all grant applicants to | ||||||
| 4 | develop interventions that will be effective and viable in | ||||||
| 5 | their local areas. | ||||||
| 6 | (3) The Director shall give preference for grants to | ||||||
| 7 | proposals that, in addition to providing life-saving | ||||||
| 8 | interventions and responses, provide information to drug | ||||||
| 9 | users on how to access drug treatment or other strategies | ||||||
| 10 | for abstaining from illegal drugs. The Director shall give | ||||||
| 11 | preference to proposals that include one or more of the | ||||||
| 12 | following elements: | ||||||
| 13 | (A) Policies and projects to encourage persons, | ||||||
| 14 | including drug users, to call 911 when they witness a | ||||||
| 15 | potentially fatal drug overdose. | ||||||
| 16 | (B) Drug overdose prevention, recognition, and | ||||||
| 17 | response education projects in drug treatment centers, | ||||||
| 18 | outreach programs, and other organizations that work | ||||||
| 19 | with, or have access to, drug users and their families | ||||||
| 20 | and communities. | ||||||
| 21 | (C) Drug overdose recognition and response | ||||||
| 22 | training, including rescue breathing, in drug | ||||||
| 23 | treatment centers and for other organizations that | ||||||
| 24 | work with, or have access to, drug users and their | ||||||
| 25 | families and communities. | ||||||
| 26 | (D) The production and distribution of targeted or | ||||||
| |||||||
| |||||||
| 1 | mass media materials on drug overdose prevention and | ||||||
| 2 | response, the potential dangers of keeping unused | ||||||
| 3 | prescription drugs in the home, and methods to properly | ||||||
| 4 | dispose of unused prescription drugs. | ||||||
| 5 | (E) Prescription and distribution of opioid | ||||||
| 6 | antagonists. | ||||||
| 7 | (F) The institution of education and training | ||||||
| 8 | projects on drug overdose response and treatment for | ||||||
| 9 | emergency services and law enforcement personnel. | ||||||
| 10 | (G) A system of parent, family, and survivor | ||||||
| 11 | education and mutual support groups. | ||||||
| 12 | (4) In addition to moneys appropriated by the General | ||||||
| 13 | Assembly, the Director may seek grants from private | ||||||
| 14 | foundations, the federal government, and other sources to | ||||||
| 15 | fund the grants under this Section and to fund an | ||||||
| 16 | evaluation of the programs supported by the grants. | ||||||
| 17 | (d) Health care professional prescription of opioid | ||||||
| 18 | antagonists. | ||||||
| 19 | (1) A health care professional who, acting in good | ||||||
| 20 | faith, directly or by standing order, prescribes or | ||||||
| 21 | dispenses an opioid antagonist to: (a) a patient who, in | ||||||
| 22 | the judgment of the health care professional, is capable of | ||||||
| 23 | administering the drug in an emergency, or (b) a person who | ||||||
| 24 | is not at risk of opioid overdose but who, in the judgment | ||||||
| 25 | of the health care professional, may be in a position to | ||||||
| 26 | assist another individual during an opioid-related drug | ||||||
| |||||||
| |||||||
| 1 | overdose and who has received basic instruction on how to | ||||||
| 2 | administer an opioid antagonist shall not, as a result of | ||||||
| 3 | his or her acts or omissions, be subject to: (i) any | ||||||
| 4 | disciplinary or other adverse action under the Medical | ||||||
| 5 | Practice Act of 1987, the Physician Assistant Practice Act | ||||||
| 6 | of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | ||||||
| 7 | or any other professional licensing statute or (ii) any | ||||||
| 8 | criminal liability, except for willful and wanton | ||||||
| 9 | misconduct. | ||||||
| 10 | (2) A person who is not otherwise licensed to | ||||||
| 11 | administer an opioid antagonist may in an emergency | ||||||
| 12 | administer without fee an opioid antagonist if the person | ||||||
| 13 | has received the patient information specified in | ||||||
| 14 | paragraph (4) of this subsection and believes in good faith | ||||||
| 15 | that another person is experiencing a drug overdose. The | ||||||
| 16 | person shall not, as a result of his or her acts or | ||||||
| 17 | omissions, be (i) liable for any violation of the Medical | ||||||
| 18 | Practice Act of 1987, the Physician Assistant Practice Act | ||||||
| 19 | of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | ||||||
| 20 | or any other professional licensing statute, or (ii) | ||||||
| 21 | subject to any criminal prosecution or civil liability, | ||||||
| 22 | except for willful and wanton misconduct. | ||||||
| 23 | (3) A health care professional prescribing an opioid | ||||||
| 24 | antagonist to a patient shall ensure that the patient | ||||||
| 25 | receives the patient information specified in paragraph | ||||||
| 26 | (4) of this subsection. Patient information may be provided | ||||||
| |||||||
| |||||||
| 1 | by the health care professional or a community-based | ||||||
| 2 | organization, substance abuse program, or other | ||||||
| 3 | organization with which the health care professional | ||||||
| 4 | establishes a written agreement that includes a | ||||||
| 5 | description of how the organization will provide patient | ||||||
| 6 | information, how employees or volunteers providing | ||||||
| 7 | information will be trained, and standards for documenting | ||||||
| 8 | the provision of patient information to patients. | ||||||
| 9 | Provision of patient information shall be documented in the | ||||||
| 10 | patient's medical record or through similar means as | ||||||
| 11 | determined by agreement between the health care | ||||||
| 12 | professional and the organization. The Director of the | ||||||
| 13 | Division of Alcoholism and Substance Abuse, in | ||||||
| 14 | consultation with statewide organizations representing | ||||||
| 15 | physicians, pharmacists, advanced practice nurses, | ||||||
| 16 | physician assistants, substance abuse programs, and other | ||||||
| 17 | interested groups, shall develop and disseminate to health | ||||||
| 18 | care professionals, community-based organizations, | ||||||
| 19 | substance abuse programs, and other organizations training | ||||||
| 20 | materials in video, electronic, or other formats to | ||||||
| 21 | facilitate the provision of such patient information. | ||||||
| 22 | (4) For the purposes of this subsection: | ||||||
| 23 | "Opioid antagonist" means a drug that binds to opioid | ||||||
| 24 | receptors and blocks or inhibits the effect of opioids | ||||||
| 25 | acting on those receptors, including, but not limited to, | ||||||
| 26 | naloxone hydrochloride or any other similarly acting drug | ||||||
| |||||||
| |||||||
| 1 | approved by the U.S. Food and Drug Administration. | ||||||
| 2 | "Health care professional" means a physician licensed | ||||||
| 3 | to practice medicine in all its branches, a licensed | ||||||
| 4 | physician assistant with prescriptive authority, a | ||||||
| 5 | licensed advanced practice nurse with prescriptive | ||||||
| 6 | authority, an advanced practice nurse or physician | ||||||
| 7 | assistant who practices in a hospital, hospital affiliate, | ||||||
| 8 | or ambulatory surgical treatment center and possesses | ||||||
| 9 | appropriate clinical privileges in accordance with the | ||||||
| 10 | Nurse Practice Act, or a pharmacist licensed to practice | ||||||
| 11 | pharmacy under the Pharmacy Practice Act. | ||||||
| 12 | "Patient" includes a person who is not at risk of | ||||||
| 13 | opioid overdose but who, in the judgment of the physician, | ||||||
| 14 | advanced practice nurse, or physician assistant, may be in | ||||||
| 15 | a position to assist another individual during an overdose | ||||||
| 16 | and who has received patient information as required in | ||||||
| 17 | paragraph (2) of this subsection on the indications for and | ||||||
| 18 | administration of an opioid antagonist. | ||||||
| 19 | "Patient information" includes information provided to | ||||||
| 20 | the patient on drug overdose prevention and recognition; | ||||||
| 21 | how to perform rescue breathing and resuscitation; opioid | ||||||
| 22 | antagonist dosage and administration; the importance of | ||||||
| 23 | calling 911; care for the overdose victim after | ||||||
| 24 | administration of the overdose antagonist; and other | ||||||
| 25 | issues as necessary.
| ||||||
| 26 | (e) Drug overdose response policy. | ||||||
| |||||||
| |||||||
| 1 | (1) Every State and local government agency that | ||||||
| 2 | employs a law enforcement officer or fireman as those terms | ||||||
| 3 | are defined in the Line of Duty Compensation Act must | ||||||
| 4 | possess opioid antagonists and must establish a policy to | ||||||
| 5 | control the acquisition, storage, transportation, and | ||||||
| 6 | administration of such opioid antagonists and to provide | ||||||
| 7 | training in the administration of opioid antagonists. A | ||||||
| 8 | State or local government agency that employs a fireman as | ||||||
| 9 | defined in the Line of Duty Compensation Act but does not | ||||||
| 10 | respond to emergency medical calls or provide medical | ||||||
| 11 | services shall be exempt from this subsection. | ||||||
| 12 | (2) Every publicly or privately owned ambulance, | ||||||
| 13 | special emergency medical services vehicle, non-transport | ||||||
| 14 | vehicle, or ambulance assist vehicle, as described in the | ||||||
| 15 | Emergency Medical Services (EMS) Systems Act, which | ||||||
| 16 | responds to requests for emergency services or transports | ||||||
| 17 | patients between hospitals in emergency situations must | ||||||
| 18 | possess opioid antagonists. | ||||||
| 19 | (3) Entities that are required under paragraphs (1) and | ||||||
| 20 | (2) to possess opioid antagonists may also apply to the | ||||||
| 21 | Department for a grant to fund the acquisition of opioid | ||||||
| 22 | antagonists and training programs on the administration of | ||||||
| 23 | opioid antagonists. | ||||||
| 24 | (Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15; | ||||||
| 25 | 99-581, eff. 1-1-17; 99-642, eff. 7-28-16; revised 9-19-16.)
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 301/10-15)
| ||||||
| 2 | Sec. 10-15. Qualification and appointment of members. The | ||||||
| 3 | membership of
the Illinois Advisory Council shall consist of:
| ||||||
| 4 | (a) A State's Attorney designated by the President of | ||||||
| 5 | the Illinois State's
Attorneys Association.
| ||||||
| 6 | (b) A judge designated by the Chief Justice of the | ||||||
| 7 | Illinois Supreme Court.
| ||||||
| 8 | (c) A Public Defender appointed by the President of the | ||||||
| 9 | Illinois Public Defender
Defenders Association.
| ||||||
| 10 | (d) A local law enforcement officer appointed by the | ||||||
| 11 | Governor.
| ||||||
| 12 | (e) A labor representative appointed by the Governor.
| ||||||
| 13 | (f) An educator appointed by the Governor.
| ||||||
| 14 | (g) A physician licensed to practice medicine in all | ||||||
| 15 | its branches
appointed
by the Governor with due regard for | ||||||
| 16 | the appointee's knowledge of the field of
alcoholism and | ||||||
| 17 | other drug abuse and dependency.
| ||||||
| 18 | (h) 4 members of the Illinois House of Representatives, | ||||||
| 19 | 2 each appointed
by the Speaker and Minority Leader.
| ||||||
| 20 | (i) 4 members of the Illinois Senate, 2 each appointed | ||||||
| 21 | by the President
and Minority Leader.
| ||||||
| 22 | (j) The President of the Illinois Alcoholism and Drug | ||||||
| 23 | Dependence
Association.
| ||||||
| 24 | (k) An advocate for the needs of youth appointed by the | ||||||
| 25 | Governor.
| ||||||
| 26 | (l) The President of the Illinois State Medical Society | ||||||
| |||||||
| |||||||
| 1 | or his or her
designee.
| ||||||
| 2 | (m) The President of the Illinois Hospital Association | ||||||
| 3 | or his or her
designee.
| ||||||
| 4 | (n) The President of the Illinois Nurses Association or | ||||||
| 5 | a registered nurse
designated by the President.
| ||||||
| 6 | (o) The President of the Illinois Pharmacists | ||||||
| 7 | Association or a licensed
pharmacist designated by the | ||||||
| 8 | President.
| ||||||
| 9 | (p) The President of the Illinois Chapter of the | ||||||
| 10 | Association of Labor-Management Labor
Management | ||||||
| 11 | Administrators and Consultants on Alcoholism.
| ||||||
| 12 | (p-1) The President of the Community Behavioral | ||||||
| 13 | Healthcare Association
of Illinois or his or her designee.
| ||||||
| 14 | (q) The Attorney General or his or her designee.
| ||||||
| 15 | (r) The State Comptroller or his or her designee.
| ||||||
| 16 | (s) 20 public members, 8 appointed by the Governor, 3 | ||||||
| 17 | of whom shall be
representatives of alcoholism or other | ||||||
| 18 | drug abuse and dependency treatment
programs and one of | ||||||
| 19 | whom shall be a representative of a manufacturer or
| ||||||
| 20 | importing distributor of alcoholic liquor licensed by the | ||||||
| 21 | State of Illinois,
and 3 public members appointed by each | ||||||
| 22 | of the President and Minority Leader of
the Senate and the | ||||||
| 23 | Speaker and Minority Leader of the House. | ||||||
| 24 | (t) The Director, Secretary, or other chief | ||||||
| 25 | administrative officer, ex officio, or his or her designee, | ||||||
| 26 | of each of the following: the Department on Aging, the | ||||||
| |||||||
| |||||||
| 1 | Department of Children and Family Services, the Department | ||||||
| 2 | of Corrections, the Department of Juvenile Justice, the | ||||||
| 3 | Department of Healthcare and Family Services, the | ||||||
| 4 | Department of Revenue, the Department of Public Health, the | ||||||
| 5 | Department of Financial and Professional Regulation, the | ||||||
| 6 | Department of State Police, the Administrative Office of | ||||||
| 7 | the Illinois Courts, the Criminal Justice Information | ||||||
| 8 | Authority, and the Department of Transportation. | ||||||
| 9 | (u) Each of the following, ex officio, or his or her | ||||||
| 10 | designee: the Secretary of State, the State Superintendent | ||||||
| 11 | of Education, and the Chairman of the Board of Higher | ||||||
| 12 | Education.
| ||||||
| 13 | The public members may not be officers or employees of the | ||||||
| 14 | executive branch
of State government; however, the public | ||||||
| 15 | members may be officers or employees
of a State college or | ||||||
| 16 | university or of any law enforcement agency. In
appointing | ||||||
| 17 | members, due consideration shall be given to the experience of
| ||||||
| 18 | appointees in the fields of medicine, law, prevention, | ||||||
| 19 | correctional activities,
and social welfare. Vacancies in the | ||||||
| 20 | public membership shall be filled for the
unexpired term by | ||||||
| 21 | appointment in like manner as for original appointments, and
| ||||||
| 22 | the appointive members shall serve until their successors are | ||||||
| 23 | appointed and
have qualified. Vacancies among the public | ||||||
| 24 | members appointed by the
legislative leaders shall be filled by | ||||||
| 25 | the leader of the same house and of the
same political party as | ||||||
| 26 | the leader who originally appointed the member.
| ||||||
| |||||||
| |||||||
| 1 | Each non-appointive member may designate a representative | ||||||
| 2 | to serve in his
place by written notice to the Department. All | ||||||
| 3 | General Assembly members shall
serve until their respective | ||||||
| 4 | successors are appointed or until termination of
their | ||||||
| 5 | legislative service, whichever occurs first. The terms of | ||||||
| 6 | office for
each of the members appointed by the Governor shall | ||||||
| 7 | be for 3 years, except that
of the members first appointed, 3 | ||||||
| 8 | shall be appointed for a term of one year,
and 4 shall be | ||||||
| 9 | appointed for a term of 2 years. The terms of office of each of
| ||||||
| 10 | the public members appointed by the legislative leaders shall | ||||||
| 11 | be for 2 years.
| ||||||
| 12 | (Source: P.A. 94-1033, eff. 7-1-07; revised 9-12-16.)
| ||||||
| 13 | Section 105. The Personnel Code is amended by changing | ||||||
| 14 | Section 10 as follows:
| ||||||
| 15 | (20 ILCS 415/10) (from Ch. 127, par. 63b110)
| ||||||
| 16 | Sec. 10. Duties and powers of the Commission. The Civil | ||||||
| 17 | Service Commission shall have duties and powers as follows:
| ||||||
| 18 | (1) Upon written recommendations by the Director of the | ||||||
| 19 | Department
of Central Management Services to exempt from | ||||||
| 20 | jurisdiction B of this Act
positions which, in the judgment | ||||||
| 21 | of the Commission, involve either
principal administrative | ||||||
| 22 | responsibility for the determination of policy or
| ||||||
| 23 | principal administrative responsibility for the way in | ||||||
| 24 | which policies are
carried out. This authority may not be | ||||||
| |||||||
| |||||||
| 1 | exercised, however, with respect to
the position of | ||||||
| 2 | Assistant Director of Healthcare and Family Services in the | ||||||
| 3 | Department of Healthcare and Family Services.
| ||||||
| 4 | (2) To require such special reports from the Director | ||||||
| 5 | as it may
consider desirable.
| ||||||
| 6 | (3) To disapprove original rules or any part thereof | ||||||
| 7 | within 90 days
and any amendment thereof within 30 days | ||||||
| 8 | after the submission of such
rules to the Civil Service | ||||||
| 9 | Commission by the Director, and to disapprove
any | ||||||
| 10 | amendments thereto in the same manner.
| ||||||
| 11 | (4) To approve or disapprove within 60 days from date | ||||||
| 12 | of submission
the position classification plan P.A. | ||||||
| 13 | submitted by the Director as provided
in the rules, and any | ||||||
| 14 | revisions thereof within 30 days from the date of
| ||||||
| 15 | submission.
| ||||||
| 16 | (5) To hear appeals of employees who do not accept the | ||||||
| 17 | allocation of
their positions under the position | ||||||
| 18 | classification plan.
| ||||||
| 19 | (6) To hear and determine written charges filed seeking | ||||||
| 20 | the
discharge, demotion of employees and suspension | ||||||
| 21 | totaling more than
thirty days in any 12-month period, as | ||||||
| 22 | provided in Section 11 hereof,
and appeals from transfers | ||||||
| 23 | from one geographical area in the State to
another, and in | ||||||
| 24 | connection therewith to administer oaths, subpoena
| ||||||
| 25 | witnesses, and compel the production of books and papers.
| ||||||
| 26 | (7) The fees of subpoenaed witnesses under this Act for | ||||||
| |||||||
| |||||||
| 1 | attendance and
travel shall be the same as fees of | ||||||
| 2 | witnesses before the circuit courts
of the State, such fees | ||||||
| 3 | to be paid when the witness is excused from further
| ||||||
| 4 | attendance. Whenever a subpoena is issued the Commission | ||||||
| 5 | may require that
the cost of service and the fee of the | ||||||
| 6 | witness shall be borne by the party
at whose insistence the | ||||||
| 7 | witness is summoned. The Commission has the power,
at its | ||||||
| 8 | discretion, to require a deposit from such party to cover | ||||||
| 9 | the cost
of service and witness fees and the payment of the | ||||||
| 10 | legal witness fee and
mileage to the witness served with | ||||||
| 11 | the subpoena. A subpoena issued under
this Act shall be | ||||||
| 12 | served in the same manner as a subpoena issued out of a | ||||||
| 13 | court.
| ||||||
| 14 | Upon the failure or refusal to obey a subpoena, a | ||||||
| 15 | petition shall be prepared
by the party serving the | ||||||
| 16 | subpoena for enforcement in the circuit court of
the county | ||||||
| 17 | in which the person to whom the subpoena was directed | ||||||
| 18 | either
resides or has his or her principal place of | ||||||
| 19 | business.
| ||||||
| 20 | Not less than five days before the petition is filed in | ||||||
| 21 | the appropriate
court, it shall be served on the person | ||||||
| 22 | along with a notice of the time and
place the petition is | ||||||
| 23 | to be presented.
| ||||||
| 24 | Following a hearing on the petition, the circuit court | ||||||
| 25 | shall have
jurisdiction to enforce subpoenas issued | ||||||
| 26 | pursuant to this Section.
| ||||||
| |||||||
| |||||||
| 1 | On motion and for good cause shown the Commission may | ||||||
| 2 | quash or modify
any subpoena.
| ||||||
| 3 | (8) To make an annual report regarding the work of the | ||||||
| 4 | Commission to
the Governor, such report to be a public | ||||||
| 5 | report.
| ||||||
| 6 | (9) If any violation of this Act is found, the | ||||||
| 7 | Commission shall
direct compliance in writing.
| ||||||
| 8 | (10) To appoint a full-time executive secretary and | ||||||
| 9 | such other
employees, experts, and special assistants as | ||||||
| 10 | may be necessary to carry
out the powers and duties of the | ||||||
| 11 | Commission under this Act and
employees, experts, and | ||||||
| 12 | special assistants so appointed by the
Commission shall be | ||||||
| 13 | subject to the provisions of jurisdictions A, B and
C of | ||||||
| 14 | this Act. These powers and duties supersede any contrary | ||||||
| 15 | provisions
herein contained.
| ||||||
| 16 | (11) To make rules to carry out and implement their | ||||||
| 17 | powers and
duties under this Act, with authority to amend | ||||||
| 18 | such rules from time to
time.
| ||||||
| 19 | (12) To hear or conduct investigations as it deems | ||||||
| 20 | necessary of appeals
of layoff filed by employees appointed | ||||||
| 21 | under Jurisdiction B after examination
provided that such | ||||||
| 22 | appeals are filed within 15 calendar days following the
| ||||||
| 23 | effective date of such layoff and are made on the basis | ||||||
| 24 | that the provisions
of the Personnel Code or of the Rules | ||||||
| 25 | of the Department of Central Management
Services relating | ||||||
| 26 | to layoff have been violated or have not
been complied | ||||||
| |||||||
| |||||||
| 1 | with.
| ||||||
| 2 | All hearings shall be public. A decision shall be | ||||||
| 3 | rendered within 60 days
after receipt of the transcript of | ||||||
| 4 | the proceedings. The Commission shall
order the | ||||||
| 5 | reinstatement of the employee if it is proven that the | ||||||
| 6 | provisions
of the Personnel Code or of the rules Rules of | ||||||
| 7 | the Department of Central Management
Services relating to | ||||||
| 8 | layoff have been violated or have not been
complied with. | ||||||
| 9 | In connection therewith the Commission may administer | ||||||
| 10 | oaths,
subpoena witnesses, and compel the production of | ||||||
| 11 | books and papers.
| ||||||
| 12 | (13) Whenever the Civil Service Commission is
| ||||||
| 13 | authorized or required by law to consider some aspect of | ||||||
| 14 | criminal history
record information for the purpose of | ||||||
| 15 | carrying out its statutory powers and
responsibilities, | ||||||
| 16 | then, upon request and payment of fees in conformance
with | ||||||
| 17 | the requirements of Section 2605-400 of the Department of | ||||||
| 18 | State Police Law (20 ILCS 2605/2605-400), the Department of | ||||||
| 19 | State Police is
authorized to furnish, pursuant to positive | ||||||
| 20 | identification, such
information contained in State files | ||||||
| 21 | as is necessary to fulfill the request.
| ||||||
| 22 | (Source: P.A. 95-331, eff. 8-21-07; revised 9-6-16.)
| ||||||
| 23 | Section 110. The Department of Commerce and Economic | ||||||
| 24 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
| 25 | amended by changing the heading of Article 605 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 605/Art. 605 heading) | ||||||
| 2 | ARTICLE 605. DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY | ||||||
| 3 | COMMUNITY AFFAIRS
| ||||||
| 4 | Section 115. The Technology Advancement and Development | ||||||
| 5 | Act is amended by changing Section 1004 as follows:
| ||||||
| 6 | (20 ILCS 700/1004) (from Ch. 127, par. 3701-4)
| ||||||
| 7 | Sec. 1004. Duties and powers. The Department of Commerce | ||||||
| 8 | and
Economic Opportunity shall establish and administer any of | ||||||
| 9 | the programs
authorized under
this Act subject to the | ||||||
| 10 | availability of funds appropriated by the General
Assembly. The | ||||||
| 11 | Department may
make awards from
general revenue fund | ||||||
| 12 | appropriations, federal reimbursement funds, and
the
| ||||||
| 13 | Technology
Cooperation Fund, as provided under the
provisions | ||||||
| 14 | of this
Act. The Department, in addition to those powers | ||||||
| 15 | granted under the Civil
Administrative Code of Illinois, is | ||||||
| 16 | granted the following powers to
help administer the provisions | ||||||
| 17 | of this Act:
| ||||||
| 18 | (a) To provide financial assistance as direct or | ||||||
| 19 | participation grants,
loans, or qualified security | ||||||
| 20 | investments to, or on behalf of, eligible
applicants. | ||||||
| 21 | Loans, grants, and investments shall be made for the | ||||||
| 22 | purpose of
increasing research and development, | ||||||
| 23 | commercializing technology, adopting
advanced production | ||||||
| |||||||
| |||||||
| 1 | and processing techniques, and promoting job creation and
| ||||||
| 2 | retention within Illinois;
| ||||||
| 3 | (b) To enter into agreements, accept funds or grants, | ||||||
| 4 | and engage in
cooperation with agencies of the federal | ||||||
| 5 | government, local units of
government, universities, | ||||||
| 6 | research foundations or institutions, regional
economic | ||||||
| 7 | development corporations, or other organizations for the | ||||||
| 8 | purposes of
this Act;
| ||||||
| 9 | (c) To enter into contracts, agreements,
and
memoranda | ||||||
| 10 | of understanding; and to
provide funds for participation | ||||||
| 11 | agreements or to make any other agreements
or contracts or | ||||||
| 12 | to invest, grant, or loan funds to any participating
| ||||||
| 13 | intermediary organizations, including, not-for-profit | ||||||
| 14 | entities,
for-profit entities, State agencies or | ||||||
| 15 | authorities, government owned and
contract operated | ||||||
| 16 | facilities, institutions of higher education, other
public | ||||||
| 17 | or private development corporations, or other
entities | ||||||
| 18 | necessary or desirable to further the purpose of this
Act. | ||||||
| 19 | Any such
agreement
or contract by an intermediary
| ||||||
| 20 | organization to deliver programs authorized under this Act | ||||||
| 21 | may include terms
and provisions,
including, but not | ||||||
| 22 | limited to,
organization and development of documentation, | ||||||
| 23 | review and approval of projects,
servicing and | ||||||
| 24 | disbursement of funds, and other related activities;
| ||||||
| 25 | (d) To fix, determine, charge, and collect any | ||||||
| 26 | premiums, fees, charges,
costs, and expenses, including, | ||||||
| |||||||
| |||||||
| 1 | without limitation, any application fees,
commitment fees, | ||||||
| 2 | program fees, financing charges, or publication fees in
| ||||||
| 3 | connection with the Department's activities under this | ||||||
| 4 | Act;
| ||||||
| 5 | (e) To establish forms for applications, | ||||||
| 6 | notifications, contracts, or
any other agreements, and to | ||||||
| 7 | promulgate procedures, rules, or regulations
deemed | ||||||
| 8 | necessary and appropriate;
| ||||||
| 9 | (f) To establish and regulate the terms and conditions | ||||||
| 10 | of the
Department's agreements and to consent, subject to | ||||||
| 11 | the provisions of any
agreement with another party, to the | ||||||
| 12 | modification or restructuring of any
agreement to which the | ||||||
| 13 | Department is a party;
| ||||||
| 14 | (g) To require that recipients of financial assistance | ||||||
| 15 | shall at all
times keep proper books of record and account | ||||||
| 16 | in accordance with generally
accepted accounting | ||||||
| 17 | principles consistently applied, with such books open
for | ||||||
| 18 | reasonable Department inspection and audits, including, | ||||||
| 19 | without
limitation, the making of copies thereof;
| ||||||
| 20 | (h) To require applicants or grantees receiving funds | ||||||
| 21 | under this Act to
permit the Department to: (i) inspect and | ||||||
| 22 | audit any books, records or
papers related to the project | ||||||
| 23 | in the custody or control of the applicant,
including the | ||||||
| 24 | making of copies or extracts thereof, and (ii) inspect or
| ||||||
| 25 | appraise any of the applicant's or grantee's business | ||||||
| 26 | assets;
| ||||||
| |||||||
| |||||||
| 1 | (i) To require applicants or grantees, upon written | ||||||
| 2 | request by the
Department, to issue any necessary | ||||||
| 3 | authorization to the appropriate
federal, State, or local | ||||||
| 4 | authority for the release of information concerning
a | ||||||
| 5 | business or business project financed under the provisions | ||||||
| 6 | of this Act,
with the information requested to include, but | ||||||
| 7 | not be limited to, financial
reports, returns, or records | ||||||
| 8 | relating to that business or business project;
| ||||||
| 9 | (i-5) To provide staffing, administration, and related | ||||||
| 10 | support
required to manage the programs authorized under | ||||||
| 11 | this Act and to pay for
staffing and administration as
| ||||||
| 12 | appropriated by
the General Assembly.
Administrative | ||||||
| 13 | responsibilities may include, but are not limited to, | ||||||
| 14 | research
and identification of the needs of commerce and | ||||||
| 15 | industry in this State; design
of
comprehensive statewide | ||||||
| 16 | plans and programs; direction, management, and control
of | ||||||
| 17 | specific
projects;
and
communication and cooperation with | ||||||
| 18 | entities about technology
commercialization and business | ||||||
| 19 | modernization;
| ||||||
| 20 | (j) To take whatever actions are necessary or | ||||||
| 21 | appropriate to protect the
State's interest in the event of | ||||||
| 22 | bankruptcy, default, foreclosure or
noncompliance with the | ||||||
| 23 | terms and conditions of financial assistance or
| ||||||
| 24 | participation required under this Act, including the power | ||||||
| 25 | to sell,
dispose, lease or rent, upon terms and conditions | ||||||
| 26 | determined by the
Director to be appropriate, real or | ||||||
| |||||||
| |||||||
| 1 | personal property which the Department
may receive as a | ||||||
| 2 | result thereof; and
| ||||||
| 3 | (k) To exercise Exercise such other powers as are | ||||||
| 4 | necessary to carry out the
purposes of this Act.
| ||||||
| 5 | (Source: P.A. 94-91, eff. 7-1-05; revised 9-6-16.)
| ||||||
| 6 | Section 120. The Illinois Lottery Law is amended by | ||||||
| 7 | changing Sections 10.8 and 21.6 as follows:
| ||||||
| 8 | (20 ILCS 1605/10.8) | ||||||
| 9 | Sec. 10.8. Specialty retailers license. | ||||||
| 10 | (a) "Veterans service organization" means an organization | ||||||
| 11 | that: | ||||||
| 12 | (1) is formed by and for United States military | ||||||
| 13 | veterans; | ||||||
| 14 | (2) is chartered by the United States Congress and | ||||||
| 15 | incorporated in the State of Illinois; | ||||||
| 16 | (3) maintains a state headquarters office in the State | ||||||
| 17 | of Illinois; and | ||||||
| 18 | (4) is not funded by the State of Illinois or by any | ||||||
| 19 | county in this State. | ||||||
| 20 | (b) The Department shall establish a special | ||||||
| 21 | classification of retailer license to facilitate the | ||||||
| 22 | year-round sale of the instant scratch-off lottery game | ||||||
| 23 | established by the General Assembly in Section 21.6. The fees | ||||||
| 24 | set forth in Section 10.2 do not apply to a specialty retailer | ||||||
| |||||||
| |||||||
| 1 | license. | ||||||
| 2 | The holder of a specialty retailer license (i) shall be a | ||||||
| 3 | veterans service organization, (ii) may sell only specialty | ||||||
| 4 | lottery tickets established for the benefit of the Illinois | ||||||
| 5 | Veterans Assistance Fund in the State treasury, (iii) is | ||||||
| 6 | required to purchase those tickets up front at face value from | ||||||
| 7 | the Illinois Lottery, and (iv) must sell those tickets at face | ||||||
| 8 | value. Specialty retailers may obtain a refund from the | ||||||
| 9 | Department for any unsold specialty tickets that they have | ||||||
| 10 | purchased for resale, as set forth in the specialty retailer | ||||||
| 11 | agreement. | ||||||
| 12 | Specialty retailers shall receive a sales commission equal | ||||||
| 13 | to 2% of the face value of specialty game tickets purchased | ||||||
| 14 | from the Department, less adjustments for unsold tickets | ||||||
| 15 | returned to the Illinois Lottery for credit. Specialty | ||||||
| 16 | retailers may not cash winning tickets, but are entitled to a | ||||||
| 17 | 1% bonus in connection with the sale of a winning specialty | ||||||
| 18 | game ticket having a price value of $1,000 or more.
| ||||||
| 19 | (Source: P.A. 96-1105, eff. 7-19-10; 97-464, eff. 10-15-11; | ||||||
| 20 | revised 9-2-16.)
| ||||||
| 21 | (20 ILCS 1605/21.6)
| ||||||
| 22 | Sec. 21.6. Scratch-off for Illinois veterans. | ||||||
| 23 | (a) The Department shall offer a special instant | ||||||
| 24 | scratch-off game for the benefit of Illinois veterans. The game | ||||||
| 25 | shall commence on January 1, 2006 or as soon thereafter, at the | ||||||
| |||||||
| |||||||
| 1 | discretion of the Director, as is reasonably practical. The | ||||||
| 2 | operation of the game shall be governed by this Act and any | ||||||
| 3 | rules adopted by the Department. If any provision of this | ||||||
| 4 | Section is inconsistent with any other provision of this Act, | ||||||
| 5 | then this Section governs. | ||||||
| 6 | (b) The Illinois Veterans Assistance Fund is created as a | ||||||
| 7 | special fund in the State treasury. The net revenue from the | ||||||
| 8 | Illinois veterans scratch-off game shall be deposited into the | ||||||
| 9 | Fund for appropriation by the General Assembly solely to the | ||||||
| 10 | Department of Veterans' Veterans Affairs for making grants, | ||||||
| 11 | funding additional services, or conducting additional research | ||||||
| 12 | projects relating to each of the following: | ||||||
| 13 | (i) veterans' post traumatic stress disorder; | ||||||
| 14 | (ii) veterans' homelessness; | ||||||
| 15 | (iii) the health insurance costs of veterans; | ||||||
| 16 | (iv) veterans' disability benefits, including but not | ||||||
| 17 | limited to, disability benefits provided by veterans | ||||||
| 18 | service organizations and veterans assistance commissions | ||||||
| 19 | or centers; | ||||||
| 20 | (v) the long-term care of veterans; provided that, | ||||||
| 21 | beginning with moneys appropriated for fiscal year 2008, no | ||||||
| 22 | more than 20% of such moneys shall be used for health | ||||||
| 23 | insurance costs; and | ||||||
| 24 | (vi) veteran employment and employment training. | ||||||
| 25 | In order to expend moneys from this special fund, beginning | ||||||
| 26 | with moneys appropriated for fiscal year 2008, the Director of | ||||||
| |||||||
| |||||||
| 1 | Veterans' Affairs shall appoint a 3-member funding | ||||||
| 2 | authorization committee. The Director shall designate one of | ||||||
| 3 | the members as chairperson. The committee shall meet on a | ||||||
| 4 | quarterly basis, at a minimum, and shall authorize expenditure | ||||||
| 5 | of moneys from the special fund by a two-thirds vote. Decisions | ||||||
| 6 | of the committee shall not take effect unless and until | ||||||
| 7 | approved by the Director of Veterans' Affairs. Each member of | ||||||
| 8 | the committee shall serve until a replacement is named by the | ||||||
| 9 | Director of Veterans' Affairs. One member of the committee | ||||||
| 10 | shall be a member of the Veterans' Advisory Council. | ||||||
| 11 | Moneys collected from the special instant scratch-off game | ||||||
| 12 | shall be used only as a supplemental financial resource and | ||||||
| 13 | shall not supplant existing moneys that the Department of | ||||||
| 14 | Veterans' Veterans Affairs may currently expend for the | ||||||
| 15 | purposes set forth in items (i) through (v).
| ||||||
| 16 | Moneys received for the purposes of this Section, | ||||||
| 17 | including, without limitation, net revenue from the special | ||||||
| 18 | instant scratch-off game and from gifts, grants, and awards | ||||||
| 19 | from any public or private entity, must be deposited into the | ||||||
| 20 | Fund. Any interest earned on moneys in the Fund must be | ||||||
| 21 | deposited into the Fund.
| ||||||
| 22 | For purposes of this subsection, "net revenue" means the | ||||||
| 23 | total amount for which tickets have been sold less the sum of | ||||||
| 24 | the amount paid out in the prizes and the actual administrative | ||||||
| 25 | expenses of the Department solely related to the scratch-off | ||||||
| 26 | game under this Section.
| ||||||
| |||||||
| |||||||
| 1 | (c) During the time that tickets are sold for the Illinois | ||||||
| 2 | veterans scratch-off game, the Department shall not | ||||||
| 3 | unreasonably diminish the efforts devoted to marketing any | ||||||
| 4 | other instant scratch-off lottery game. | ||||||
| 5 | (d) The Department may adopt any rules necessary to | ||||||
| 6 | implement and administer the provisions of this Section.
| ||||||
| 7 | (Source: P.A. 97-464, eff. 10-15-11; 97-740, eff. 7-5-12; | ||||||
| 8 | 98-499, eff. 8-16-13; revised 9-2-16.)
| ||||||
| 9 | Section 125. The Military Code of Illinois is amended by | ||||||
| 10 | changing Section 28 as follows:
| ||||||
| 11 | (20 ILCS 1805/28) (from Ch. 129, par. 220.28)
| ||||||
| 12 | Sec. 28.
When the Commander-in-Chief proclaims a time of | ||||||
| 13 | public danger or
when an emergency exists, the . The Adjutant | ||||||
| 14 | General may purchase or authorize
the purchase of stores and | ||||||
| 15 | supplies in accordance with the emergency purchase provisions | ||||||
| 16 | in the Illinois Procurement Code.
| ||||||
| 17 | (Source: P.A. 99-557, eff. 1-1-17; revised 9-8-16.)
| ||||||
| 18 | Section 130. The State Guard Act is amended by changing | ||||||
| 19 | Sections 53 and 54 as follows:
| ||||||
| 20 | (20 ILCS 1815/53) (from Ch. 129, par. 281)
| ||||||
| 21 | Sec. 53.
Any officer, warrant officer, or enlisted man in | ||||||
| 22 | the
Illinois State Guard who knowingly makes any false | ||||||
| |||||||
| |||||||
| 1 | certificate or return
to any superior officer authorized to | ||||||
| 2 | call for such certificate or
return, as to the state of his | ||||||
| 3 | command, or as to the quartermaster,
subsistence, or ordnance | ||||||
| 4 | ordinance stores
to it issued, or any officer who
knowingly | ||||||
| 5 | musters any officer, warrant officer, or enlisted man by other
| ||||||
| 6 | than his proper name, or who permits any officer, warrant | ||||||
| 7 | officer, or
enlisted man to substitute or sign another name | ||||||
| 8 | than his own, or who
enters the name of any man not duly or | ||||||
| 9 | lawfully commissioned or enlisted
in the muster or payroll of | ||||||
| 10 | the State of Illinois, or who certifies
falsely as to any | ||||||
| 11 | actual duty performed or amounts due, or who in any
other way | ||||||
| 12 | makes or permits any false muster or return, or who, having
| ||||||
| 13 | drawn money from the State for public use, shall apply it or | ||||||
| 14 | any part
thereof to any use not duly authorized, may be | ||||||
| 15 | punished as a court
martial shall direct.
| ||||||
| 16 | (Source: P.A. 80-1495; revised 9-8-16.)
| ||||||
| 17 | (20 ILCS 1815/54) (from Ch. 129, par. 282)
| ||||||
| 18 | Sec. 54.
Any officer, warrant officer, or enlisted man who | ||||||
| 19 | willfully wilfully
or through neglect suffers to be lost, | ||||||
| 20 | spoiled, or damaged, any
quartermaster, subsistence, or | ||||||
| 21 | ordnance ordinance stores for which he is
responsible or | ||||||
| 22 | accountable, or who secretes, sells, or pawns, or attempts
to | ||||||
| 23 | secrete, sell, or pawn, any such stores or any other military | ||||||
| 24 | property
of the State, or by it issued, may be punished as a | ||||||
| 25 | court martial shall
direct.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 80-1495; revised 9-8-16.)
| ||||||
| 2 | Section 135. The Department of Public Health Powers and | ||||||
| 3 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
| 4 | amended by changing Sections 2310-367 and 2310-371.5 as | ||||||
| 5 | follows:
| ||||||
| 6 | (20 ILCS 2310/2310-367) | ||||||
| 7 | Sec. 2310-367. Health Data Task Force; purpose; | ||||||
| 8 | implementation plan. | ||||||
| 9 | (a) In accordance with the recommendations of the 2007 | ||||||
| 10 | State Health Improvement Plan, it is the policy of the State | ||||||
| 11 | that, to the extent possible and consistent with privacy and | ||||||
| 12 | other laws, State public health data and health-related | ||||||
| 13 | administrative data are to be used to understand and report on | ||||||
| 14 | the scope of health problems, plan prevention programs, and | ||||||
| 15 | evaluate program effectiveness at the State and community | ||||||
| 16 | level. It is a priority to use data to address racial, ethnic, | ||||||
| 17 | and other health disparities. This system is intended to | ||||||
| 18 | support State and community level public health planning, and | ||||||
| 19 | is not intended to supplant or replace data-use agreements | ||||||
| 20 | between State agencies and academic researchers for more | ||||||
| 21 | specific research needs. | ||||||
| 22 | (b) Within 30 days after August 24, 2007 (the effective | ||||||
| 23 | date of Public Act 95-418), a Health Data Task Force shall be | ||||||
| 24 | convened to create a system for public access to integrated | ||||||
| |||||||
| |||||||
| 1 | health data. The Task Force shall consist of the following: the | ||||||
| 2 | Director of Public Health or his or her designee; the Director | ||||||
| 3 | of Healthcare and Family Services or his or her designee; the | ||||||
| 4 | Secretary of Human Services or his or her designee; the | ||||||
| 5 | Director of the Department on Aging or his or her designee; the | ||||||
| 6 | Director of Children and Family Services or his or her | ||||||
| 7 | designee; the State Superintendent of Education or his or her | ||||||
| 8 | designee; and other State officials as deemed appropriate by | ||||||
| 9 | the Governor. | ||||||
| 10 | The Task Force shall be advised by a public advisory group | ||||||
| 11 | consisting of community health data users, minority health | ||||||
| 12 | advocates, local public health departments, and private data | ||||||
| 13 | suppliers such as hospitals and other health care providers. | ||||||
| 14 | Each member of the Task Force shall appoint 3 members of the | ||||||
| 15 | public advisory group. The public advisory group shall assist | ||||||
| 16 | the Task Force in setting goals, articulating user needs, and | ||||||
| 17 | setting priorities for action. | ||||||
| 18 | The Department of Public Health is primarily responsible | ||||||
| 19 | for providing staff and administrative support to the Task | ||||||
| 20 | Force. The other State agencies represented on the Task Force | ||||||
| 21 | shall work cooperatively with the Department of Public Health | ||||||
| 22 | to provide administrative support to the Task Force. The | ||||||
| 23 | Department of Public Health shall have ongoing responsibility | ||||||
| 24 | for monitoring the implementation of the plan and shall have | ||||||
| 25 | ongoing responsibility to identify new or emerging data or | ||||||
| 26 | technology needs. | ||||||
| |||||||
| |||||||
| 1 | The State agencies represented on the Task Force shall | ||||||
| 2 | review their health data, data collection, and dissemination | ||||||
| 3 | policies for opportunities to coordinate and integrate data and | ||||||
| 4 | make data available within and outside State government in | ||||||
| 5 | support of this State policy. To the extent possible, existing | ||||||
| 6 | data infrastructure shall be used to create this system of | ||||||
| 7 | public access to data. The Illinois Department of Healthcare | ||||||
| 8 | Health Care and Family Services data warehouse and the Illinois | ||||||
| 9 | Department of Public Health IPLAN Data System may be the | ||||||
| 10 | foundation of this system. | ||||||
| 11 | (c) The Task Force shall produce a plan with a phased and | ||||||
| 12 | prioritized implementation timetable focusing on assuring | ||||||
| 13 | access to improving the quality of data necessary to understand | ||||||
| 14 | health disparities. The Task Force shall submit an initial | ||||||
| 15 | report to the General Assembly no later than July 1, 2008, and | ||||||
| 16 | shall make annual reports to the General Assembly on or before | ||||||
| 17 | July 1 of each year through 2011 of the progress toward | ||||||
| 18 | implementing the plan.
| ||||||
| 19 | (Source: P.A. 97-813, eff. 7-13-12; revised 9-8-16.)
| ||||||
| 20 | (20 ILCS 2310/2310-371.5) (was 20 ILCS 2310/371) | ||||||
| 21 | Sec. 2310-371.5. Heartsaver AED Fund; grants. Subject to | ||||||
| 22 | appropriation, the Department of Public Health has the power to | ||||||
| 23 | make matching grants from the Heartsaver AED Fund, a special | ||||||
| 24 | fund created in the State treasury, to any school in the State, | ||||||
| 25 | public park district, forest preserve district, conservation | ||||||
| |||||||
| |||||||
| 1 | district, sheriff's office, municipal police department, | ||||||
| 2 | municipal recreation department, public library,
college, or | ||||||
| 3 | university to assist in the purchase of
an Automated External | ||||||
| 4 | Defibrillator. Applicants for AED grants must demonstrate that | ||||||
| 5 | they have funds to pay 50% of the cost of the AEDs
for which | ||||||
| 6 | matching grant moneys are sought. Any school, public park | ||||||
| 7 | district, forest preserve district, conservation district, | ||||||
| 8 | sheriff's office, municipal police department, municipal | ||||||
| 9 | recreation department, public library, college, or university | ||||||
| 10 | applying for the grant shall not receive more than one grant | ||||||
| 11 | from the Heartsaver AED Fund each fiscal year.
The State | ||||||
| 12 | Treasurer shall accept and deposit into the Fund all gifts, | ||||||
| 13 | grants, transfers, appropriations, and other amounts from any | ||||||
| 14 | legal source, public or private, that are designated for | ||||||
| 15 | deposit into the Fund.
| ||||||
| 16 | (Source: P.A. 99-246, eff. 1-1-16; 99-501, eff. 3-18-16; | ||||||
| 17 | revised 3-21-16.)
| ||||||
| 18 | Section 140. The State Police Act is amended by changing | ||||||
| 19 | Section 7 and by setting forth and renumbering multiple | ||||||
| 20 | versions of Section 40 as follows:
| ||||||
| 21 | (20 ILCS 2610/7) (from Ch. 121, par. 307.7)
| ||||||
| 22 | Sec. 7.
As soon as practicable after the members of the | ||||||
| 23 | Board have
been appointed, they shall meet and shall
organize | ||||||
| 24 | by electing a chairman and a secretary. The initial chairman
| ||||||
| |||||||
| |||||||
| 1 | and secretary, and their successors, shall be elected by the | ||||||
| 2 | Board from
among its members for a term of two years or for the | ||||||
| 3 | remainder of their
term of office as a member of the Board, | ||||||
| 4 | whichever which ever is the shorter.
Three members of the Board | ||||||
| 5 | shall constitute a quorum for the transaction
of business. The | ||||||
| 6 | Board shall hold regular quarterly meetings and such
other | ||||||
| 7 | meetings as may be called by the chairman.
| ||||||
| 8 | (Source: P.A. 80-1305; revised 10-5-16.)
| ||||||
| 9 | (20 ILCS 2610/38) | ||||||
| 10 | Sec. 38 40. Disposal of medications. The Department may by | ||||||
| 11 | rule authorize State Police officers to dispose of any unused | ||||||
| 12 | medications under Section 18 of the Safe Pharmaceutical | ||||||
| 13 | Disposal Act.
| ||||||
| 14 | (Source: P.A. 99-648, eff. 1-1-17; revised 10-4-16.)
| ||||||
| 15 | (20 ILCS 2610/40) | ||||||
| 16 | Sec. 40. Training; administration of epinephrine. | ||||||
| 17 | (a) This Section, along with Section 10.19 of the Illinois | ||||||
| 18 | Police Training Act, may be referred to as the Annie LeGere | ||||||
| 19 | Law. | ||||||
| 20 | (b) For the purposes of this Section, "epinephrine | ||||||
| 21 | auto-injector" means a single-use device used for the automatic | ||||||
| 22 | injection of a pre-measured dose of epinephrine into the human | ||||||
| 23 | body prescribed in the name of the Department. | ||||||
| 24 | (c) The Department may conduct or approve a training | ||||||
| |||||||
| |||||||
| 1 | program for State Police officers to recognize and respond to | ||||||
| 2 | anaphylaxis, including, but not limited to: | ||||||
| 3 | (1) how to recognize symptoms of an allergic reaction; | ||||||
| 4 | (2) how to respond to an emergency involving an | ||||||
| 5 | allergic reaction; | ||||||
| 6 | (3) how to administer an epinephrine auto-injector; | ||||||
| 7 | (4) how to respond to an individual with a known | ||||||
| 8 | allergy as well as an individual with a previously unknown | ||||||
| 9 | allergy; | ||||||
| 10 | (5) a test demonstrating competency of the knowledge | ||||||
| 11 | required to recognize anaphylaxis and administer an | ||||||
| 12 | epinephrine auto-injector; and | ||||||
| 13 | (6) other criteria as determined in rules adopted by | ||||||
| 14 | the Department. | ||||||
| 15 | (d) The Department may authorize a State Police officer who | ||||||
| 16 | has completed the training program under subsection (c) to | ||||||
| 17 | carry, administer, or assist with the administration of | ||||||
| 18 | epinephrine auto-injectors whenever he or she is performing | ||||||
| 19 | official duties. | ||||||
| 20 | (e) The Department must establish a written policy to | ||||||
| 21 | control the acquisition, storage, transportation, | ||||||
| 22 | administration, and disposal of epinephrine auto-injectors | ||||||
| 23 | before it allows any State Police officer to carry and | ||||||
| 24 | administer epinephrine auto-injectors. | ||||||
| 25 | (f) A physician, physician's assistant with prescriptive | ||||||
| 26 | authority, or advanced practice registered nurse with | ||||||
| |||||||
| |||||||
| 1 | prescriptive authority may provide a standing protocol or | ||||||
| 2 | prescription for epinephrine auto-injectors in the name of the | ||||||
| 3 | Department to be maintained for use when necessary. | ||||||
| 4 | (g) When a State Police officer administers epinephrine | ||||||
| 5 | auto-injector in good faith, the officer and the Department, | ||||||
| 6 | and its employees and agents, incur no liability, except for | ||||||
| 7 | willful and wanton conduct, as a result of any injury or death | ||||||
| 8 | arising from the use of an epinephrine auto-injector.
| ||||||
| 9 | (Source: P.A. 99-711, eff. 1-1-17.)
| ||||||
| 10 | Section 145. The Criminal Identification Act is amended by | ||||||
| 11 | changing Section 5.2 as follows:
| ||||||
| 12 | (20 ILCS 2630/5.2)
| ||||||
| 13 | Sec. 5.2. Expungement and sealing. | ||||||
| 14 | (a) General Provisions. | ||||||
| 15 | (1) Definitions. In this Act, words and phrases have
| ||||||
| 16 | the meanings set forth in this subsection, except when a
| ||||||
| 17 | particular context clearly requires a different meaning. | ||||||
| 18 | (A) The following terms shall have the meanings | ||||||
| 19 | ascribed to them in the Unified Code of Corrections, | ||||||
| 20 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
| 21 | (i) Business Offense (730 ILCS 5/5-1-2), | ||||||
| 22 | (ii) Charge (730 ILCS 5/5-1-3), | ||||||
| 23 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
| 24 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
| |||||||
| |||||||
| 1 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
| 2 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
| 3 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
| 4 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
| 5 | (ix) Offense (730 ILCS 5/5-1-15), | ||||||
| 6 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
| 7 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
| 8 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
| 9 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
| 10 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
| 11 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
| 12 | (B) As used in this Section, "charge not initiated | ||||||
| 13 | by arrest" means a charge (as defined by 730 ILCS | ||||||
| 14 | 5/5-1-3) brought against a defendant where the | ||||||
| 15 | defendant is not arrested prior to or as a direct | ||||||
| 16 | result of the charge. | ||||||
| 17 | (C) "Conviction" means a judgment of conviction or | ||||||
| 18 | sentence entered upon a plea of guilty or upon a | ||||||
| 19 | verdict or finding of guilty of an offense, rendered by | ||||||
| 20 | a legally constituted jury or by a court of competent | ||||||
| 21 | jurisdiction authorized to try the case without a jury. | ||||||
| 22 | An order of supervision successfully completed by the | ||||||
| 23 | petitioner is not a conviction. An order of qualified | ||||||
| 24 | probation (as defined in subsection (a)(1)(J)) | ||||||
| 25 | successfully completed by the petitioner is not a | ||||||
| 26 | conviction. An order of supervision or an order of | ||||||
| |||||||
| |||||||
| 1 | qualified probation that is terminated | ||||||
| 2 | unsatisfactorily is a conviction, unless the | ||||||
| 3 | unsatisfactory termination is reversed, vacated, or | ||||||
| 4 | modified and the judgment of conviction, if any, is | ||||||
| 5 | reversed or vacated. | ||||||
| 6 | (D) "Criminal offense" means a petty offense, | ||||||
| 7 | business offense, misdemeanor, felony, or municipal | ||||||
| 8 | ordinance violation (as defined in subsection | ||||||
| 9 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
| 10 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
| 11 | be considered a criminal offense. | ||||||
| 12 | (E) "Expunge" means to physically destroy the | ||||||
| 13 | records or return them to the petitioner and to | ||||||
| 14 | obliterate the petitioner's name from any official | ||||||
| 15 | index or public record, or both. Nothing in this Act | ||||||
| 16 | shall require the physical destruction of the circuit | ||||||
| 17 | court file, but such records relating to arrests or | ||||||
| 18 | charges, or both, ordered expunged shall be impounded | ||||||
| 19 | as required by subsections (d)(9)(A)(ii) and | ||||||
| 20 | (d)(9)(B)(ii). | ||||||
| 21 | (F) As used in this Section, "last sentence" means | ||||||
| 22 | the sentence, order of supervision, or order of | ||||||
| 23 | qualified probation (as defined by subsection | ||||||
| 24 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
| 25 | subsection (a)(1)(D)) that terminates last in time in | ||||||
| 26 | any jurisdiction, regardless of whether the petitioner | ||||||
| |||||||
| |||||||
| 1 | has included the criminal offense for which the | ||||||
| 2 | sentence or order of supervision or qualified | ||||||
| 3 | probation was imposed in his or her petition. If | ||||||
| 4 | multiple sentences, orders of supervision, or orders | ||||||
| 5 | of qualified probation terminate on the same day and | ||||||
| 6 | are last in time, they shall be collectively considered | ||||||
| 7 | the "last sentence" regardless of whether they were | ||||||
| 8 | ordered to run concurrently. | ||||||
| 9 | (G) "Minor traffic offense" means a petty offense, | ||||||
| 10 | business offense, or Class C misdemeanor under the | ||||||
| 11 | Illinois Vehicle Code or a similar provision of a | ||||||
| 12 | municipal or local ordinance. | ||||||
| 13 | (H) "Municipal ordinance violation" means an | ||||||
| 14 | offense defined by a municipal or local ordinance that | ||||||
| 15 | is criminal in nature and with which the petitioner was | ||||||
| 16 | charged or for which the petitioner was arrested and | ||||||
| 17 | released without charging. | ||||||
| 18 | (I) "Petitioner" means an adult or a minor | ||||||
| 19 | prosecuted as an
adult who has applied for relief under | ||||||
| 20 | this Section. | ||||||
| 21 | (J) "Qualified probation" means an order of | ||||||
| 22 | probation under Section 10 of the Cannabis Control Act, | ||||||
| 23 | Section 410 of the Illinois Controlled Substances Act, | ||||||
| 24 | Section 70 of the Methamphetamine Control and | ||||||
| 25 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
| 26 | of the Unified Code of Corrections, Section | ||||||
| |||||||
| |||||||
| 1 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
| 2 | those provisions existed before their deletion by | ||||||
| 3 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
| 4 | Alcoholism and Other Drug Dependency Act, Section | ||||||
| 5 | 40-10 of the Alcoholism and Other Drug Abuse and | ||||||
| 6 | Dependency Act, or Section 10 of the Steroid Control | ||||||
| 7 | Act. For the purpose of this Section, "successful | ||||||
| 8 | completion" of an order of qualified probation under | ||||||
| 9 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
| 10 | Drug Dependency Act and Section 40-10 of the Alcoholism | ||||||
| 11 | and Other Drug Abuse and Dependency Act means that the | ||||||
| 12 | probation was terminated satisfactorily and the | ||||||
| 13 | judgment of conviction was vacated. | ||||||
| 14 | (K) "Seal" means to physically and electronically | ||||||
| 15 | maintain the records, unless the records would | ||||||
| 16 | otherwise be destroyed due to age, but to make the | ||||||
| 17 | records unavailable without a court order, subject to | ||||||
| 18 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
| 19 | petitioner's name shall also be obliterated from the | ||||||
| 20 | official index required to be kept by the circuit court | ||||||
| 21 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
| 22 | any index issued by the circuit court clerk before the | ||||||
| 23 | entry of the order to seal shall not be affected. | ||||||
| 24 | (L) "Sexual offense committed against a minor" | ||||||
| 25 | includes but is
not limited to the offenses of indecent | ||||||
| 26 | solicitation of a child
or criminal sexual abuse when | ||||||
| |||||||
| |||||||
| 1 | the victim of such offense is
under 18 years of age. | ||||||
| 2 | (M) "Terminate" as it relates to a sentence or | ||||||
| 3 | order of supervision or qualified probation includes | ||||||
| 4 | either satisfactory or unsatisfactory termination of | ||||||
| 5 | the sentence, unless otherwise specified in this | ||||||
| 6 | Section. | ||||||
| 7 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
| 8 | convictions for minor traffic offenses shall not affect a | ||||||
| 9 | petitioner's eligibility to expunge or seal records | ||||||
| 10 | pursuant to this Section. | ||||||
| 11 | (2.5) Commencing 180 days after July 29, 2016 (the | ||||||
| 12 | effective date of Public Act 99-697) this amendatory Act of | ||||||
| 13 | the 99th General Assembly, the law enforcement agency | ||||||
| 14 | issuing the citation shall automatically expunge, on or | ||||||
| 15 | before January 1 and July 1 of each year, the law | ||||||
| 16 | enforcement records of a person found to have committed a | ||||||
| 17 | civil law violation of subsection (a) of Section 4 of the | ||||||
| 18 | Cannabis Control Act or subsection (c) of Section 3.5 of | ||||||
| 19 | the Drug Paraphernalia Control Act in the law enforcement | ||||||
| 20 | agency's possession or control and which contains the final | ||||||
| 21 | satisfactory disposition which pertain to the person | ||||||
| 22 | issued a citation for that offense.
The law enforcement | ||||||
| 23 | agency shall provide by rule the process for access, | ||||||
| 24 | review, and to confirm the automatic expungement by the law | ||||||
| 25 | enforcement agency issuing the citation.
Commencing 180 | ||||||
| 26 | days after July 29, 2016 (the effective date of Public Act | ||||||
| |||||||
| |||||||
| 1 | 99-697) this amendatory Act of the 99th General Assembly, | ||||||
| 2 | the clerk of the circuit court shall expunge, upon order of | ||||||
| 3 | the court, or in the absence of a court order on or before | ||||||
| 4 | January 1 and July 1 of each year, the court records of a | ||||||
| 5 | person found in the circuit court to have committed a civil | ||||||
| 6 | law violation of subsection (a) of Section 4 of the | ||||||
| 7 | Cannabis Control Act or subsection (c) of Section 3.5 of | ||||||
| 8 | the Drug Paraphernalia Control Act in the clerk's | ||||||
| 9 | possession or control and which contains the final | ||||||
| 10 | satisfactory disposition which pertain to the person | ||||||
| 11 | issued a citation for any of those offenses. | ||||||
| 12 | (3) Exclusions. Except as otherwise provided in | ||||||
| 13 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
| 14 | of this Section, the court shall not order: | ||||||
| 15 | (A) the sealing or expungement of the records of | ||||||
| 16 | arrests or charges not initiated by arrest that result | ||||||
| 17 | in an order of supervision for or conviction of:
(i) | ||||||
| 18 | any sexual offense committed against a
minor; (ii) | ||||||
| 19 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
| 20 | similar provision of a local ordinance; or (iii) | ||||||
| 21 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
| 22 | similar provision of a local ordinance, unless the | ||||||
| 23 | arrest or charge is for a misdemeanor violation of | ||||||
| 24 | subsection (a) of Section 11-503 or a similar provision | ||||||
| 25 | of a local ordinance, that occurred prior to the | ||||||
| 26 | offender reaching the age of 25 years and the offender | ||||||
| |||||||
| |||||||
| 1 | has no other conviction for violating Section 11-501 or | ||||||
| 2 | 11-503 of the Illinois Vehicle Code or a similar | ||||||
| 3 | provision of a local ordinance. | ||||||
| 4 | (B) the sealing or expungement of records of minor | ||||||
| 5 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
| 6 | unless the petitioner was arrested and released | ||||||
| 7 | without charging. | ||||||
| 8 | (C) the sealing of the records of arrests or | ||||||
| 9 | charges not initiated by arrest which result in an | ||||||
| 10 | order of supervision or a conviction for the following | ||||||
| 11 | offenses: | ||||||
| 12 | (i) offenses included in Article 11 of the | ||||||
| 13 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 14 | or a similar provision of a local ordinance, except | ||||||
| 15 | Section 11-14 of the Criminal Code of 1961 or the | ||||||
| 16 | Criminal Code of 2012, or a similar provision of a | ||||||
| 17 | local ordinance; | ||||||
| 18 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
| 19 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
| 20 | Criminal Code of 2012, or a similar provision of a | ||||||
| 21 | local ordinance; | ||||||
| 22 | (iii) Sections 12-3.1 or 12-3.2 of the | ||||||
| 23 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 24 | or Section 125 of the Stalking No Contact Order | ||||||
| 25 | Act, or Section 219 of the Civil No Contact Order | ||||||
| 26 | Act, or a similar provision of a local ordinance; | ||||||
| |||||||
| |||||||
| 1 | (iv) offenses which are Class A misdemeanors | ||||||
| 2 | under the Humane Care for Animals Act; or | ||||||
| 3 | (v) any offense or attempted offense that | ||||||
| 4 | would subject a person to registration under the | ||||||
| 5 | Sex Offender Registration Act. | ||||||
| 6 | (D) the sealing of the records of an arrest which | ||||||
| 7 | results in
the petitioner being charged with a felony | ||||||
| 8 | offense or records of a charge not initiated by arrest | ||||||
| 9 | for a felony offense unless: | ||||||
| 10 | (i) the charge is amended to a misdemeanor and | ||||||
| 11 | is otherwise
eligible to be sealed pursuant to | ||||||
| 12 | subsection (c); | ||||||
| 13 | (ii) the charge is brought along with another | ||||||
| 14 | charge as a part of one case and the charge results | ||||||
| 15 | in acquittal, dismissal, or conviction when the | ||||||
| 16 | conviction was reversed or vacated, and another | ||||||
| 17 | charge brought in the same case results in a | ||||||
| 18 | disposition for a misdemeanor offense that is | ||||||
| 19 | eligible to be sealed pursuant to subsection (c) or | ||||||
| 20 | a disposition listed in paragraph (i), (iii), or | ||||||
| 21 | (iv) of this subsection; | ||||||
| 22 | (iii) the charge results in first offender | ||||||
| 23 | probation as set forth in subsection (c)(2)(E); | ||||||
| 24 | (iv) the charge is for a felony offense listed | ||||||
| 25 | in subsection (c)(2)(F) or the charge is amended to | ||||||
| 26 | a felony offense listed in subsection (c)(2)(F); | ||||||
| |||||||
| |||||||
| 1 | (v) the charge results in acquittal, | ||||||
| 2 | dismissal, or the petitioner's release without | ||||||
| 3 | conviction; or | ||||||
| 4 | (vi) the charge results in a conviction, but | ||||||
| 5 | the conviction was reversed or vacated. | ||||||
| 6 | (b) Expungement. | ||||||
| 7 | (1) A petitioner may petition the circuit court to | ||||||
| 8 | expunge the
records of his or her arrests and charges not | ||||||
| 9 | initiated by arrest when each arrest or charge not | ||||||
| 10 | initiated by arrest
sought to be expunged resulted in:
(i) | ||||||
| 11 | acquittal, dismissal, or the petitioner's release without | ||||||
| 12 | charging, unless excluded by subsection (a)(3)(B);
(ii) a | ||||||
| 13 | conviction which was vacated or reversed, unless excluded | ||||||
| 14 | by subsection (a)(3)(B);
(iii) an order of supervision and | ||||||
| 15 | such supervision was successfully completed by the | ||||||
| 16 | petitioner, unless excluded by subsection (a)(3)(A) or | ||||||
| 17 | (a)(3)(B); or
(iv) an order of qualified probation (as | ||||||
| 18 | defined in subsection (a)(1)(J)) and such probation was | ||||||
| 19 | successfully completed by the petitioner. | ||||||
| 20 | (1.5) When a petitioner seeks to have a record of | ||||||
| 21 | arrest expunged under this Section, and the offender has | ||||||
| 22 | been convicted of a criminal offense, the State's Attorney | ||||||
| 23 | may object to the expungement on the grounds that the | ||||||
| 24 | records contain specific relevant information aside from | ||||||
| 25 | the mere fact of the arrest. | ||||||
| 26 | (2) Time frame for filing a petition to expunge. | ||||||
| |||||||
| |||||||
| 1 | (A) When the arrest or charge not initiated by | ||||||
| 2 | arrest sought to be expunged resulted in an acquittal, | ||||||
| 3 | dismissal, the petitioner's release without charging, | ||||||
| 4 | or the reversal or vacation of a conviction, there is | ||||||
| 5 | no waiting period to petition for the expungement of | ||||||
| 6 | such records. | ||||||
| 7 | (B) When the arrest or charge not initiated by | ||||||
| 8 | arrest
sought to be expunged resulted in an order of | ||||||
| 9 | supervision, successfully
completed by the petitioner, | ||||||
| 10 | the following time frames will apply: | ||||||
| 11 | (i) Those arrests or charges that resulted in | ||||||
| 12 | orders of
supervision under Section 3-707, 3-708, | ||||||
| 13 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
| 14 | similar provision of a local ordinance, or under | ||||||
| 15 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
| 16 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
| 17 | similar provision of a local ordinance, shall not | ||||||
| 18 | be eligible for expungement until 5 years have | ||||||
| 19 | passed following the satisfactory termination of | ||||||
| 20 | the supervision. | ||||||
| 21 | (i-5) Those arrests or charges that resulted | ||||||
| 22 | in orders of supervision for a misdemeanor | ||||||
| 23 | violation of subsection (a) of Section 11-503 of | ||||||
| 24 | the Illinois Vehicle Code or a similar provision of | ||||||
| 25 | a local ordinance, that occurred prior to the | ||||||
| 26 | offender reaching the age of 25 years and the | ||||||
| |||||||
| |||||||
| 1 | offender has no other conviction for violating | ||||||
| 2 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
| 3 | Code or a similar provision of a local ordinance | ||||||
| 4 | shall not be eligible for expungement until the | ||||||
| 5 | petitioner has reached the age of 25 years. | ||||||
| 6 | (ii) Those arrests or charges that resulted in | ||||||
| 7 | orders
of supervision for any other offenses shall | ||||||
| 8 | not be
eligible for expungement until 2 years have | ||||||
| 9 | passed
following the satisfactory termination of | ||||||
| 10 | the supervision. | ||||||
| 11 | (C) When the arrest or charge not initiated by | ||||||
| 12 | arrest sought to
be expunged resulted in an order of | ||||||
| 13 | qualified probation, successfully
completed by the | ||||||
| 14 | petitioner, such records shall not be eligible for
| ||||||
| 15 | expungement until 5 years have passed following the | ||||||
| 16 | satisfactory
termination of the probation. | ||||||
| 17 | (3) Those records maintained by the Department for
| ||||||
| 18 | persons arrested prior to their 17th birthday shall be
| ||||||
| 19 | expunged as provided in Section 5-915 of the Juvenile Court
| ||||||
| 20 | Act of 1987. | ||||||
| 21 | (4) Whenever a person has been arrested for or | ||||||
| 22 | convicted of any
offense, in the name of a person whose | ||||||
| 23 | identity he or she has stolen or otherwise
come into | ||||||
| 24 | possession of, the aggrieved person from whom the identity
| ||||||
| 25 | was stolen or otherwise obtained without authorization,
| ||||||
| 26 | upon learning of the person having been arrested using his
| ||||||
| |||||||
| |||||||
| 1 | or her identity, may, upon verified petition to the chief | ||||||
| 2 | judge of
the circuit wherein the arrest was made, have a | ||||||
| 3 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
| 4 | correct the
arrest record, conviction record, if any, and | ||||||
| 5 | all official
records of the arresting authority, the | ||||||
| 6 | Department, other
criminal justice agencies, the | ||||||
| 7 | prosecutor, and the trial
court concerning such arrest, if | ||||||
| 8 | any, by removing his or her name
from all such records in | ||||||
| 9 | connection with the arrest and
conviction, if any, and by | ||||||
| 10 | inserting in the records the
name of the offender, if known | ||||||
| 11 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
| 12 | records of the circuit court clerk shall be sealed until | ||||||
| 13 | further order of
the court upon good cause shown and the | ||||||
| 14 | name of the
aggrieved person obliterated on the official | ||||||
| 15 | index
required to be kept by the circuit court clerk under
| ||||||
| 16 | Section 16 of the Clerks of Courts Act, but the order shall
| ||||||
| 17 | not affect any index issued by the circuit court clerk
| ||||||
| 18 | before the entry of the order. Nothing in this Section
| ||||||
| 19 | shall limit the Department of State Police or other
| ||||||
| 20 | criminal justice agencies or prosecutors from listing
| ||||||
| 21 | under an offender's name the false names he or she has
| ||||||
| 22 | used. | ||||||
| 23 | (5) Whenever a person has been convicted of criminal
| ||||||
| 24 | sexual assault, aggravated criminal sexual assault,
| ||||||
| 25 | predatory criminal sexual assault of a child, criminal
| ||||||
| 26 | sexual abuse, or aggravated criminal sexual abuse, the
| ||||||
| |||||||
| |||||||
| 1 | victim of that offense may request that the State's
| ||||||
| 2 | Attorney of the county in which the conviction occurred
| ||||||
| 3 | file a verified petition with the presiding trial judge at
| ||||||
| 4 | the petitioner's trial to have a court order entered to | ||||||
| 5 | seal
the records of the circuit court clerk in connection
| ||||||
| 6 | with the proceedings of the trial court concerning that
| ||||||
| 7 | offense. However, the records of the arresting authority
| ||||||
| 8 | and the Department of State Police concerning the offense
| ||||||
| 9 | shall not be sealed. The court, upon good cause shown,
| ||||||
| 10 | shall make the records of the circuit court clerk in
| ||||||
| 11 | connection with the proceedings of the trial court
| ||||||
| 12 | concerning the offense available for public inspection. | ||||||
| 13 | (6) If a conviction has been set aside on direct review
| ||||||
| 14 | or on collateral attack and the court determines by clear
| ||||||
| 15 | and convincing evidence that the petitioner was factually
| ||||||
| 16 | innocent of the charge, the court that finds the petitioner | ||||||
| 17 | factually innocent of the charge shall enter an
expungement | ||||||
| 18 | order for the conviction for which the petitioner has been | ||||||
| 19 | determined to be innocent as provided in subsection (b) of | ||||||
| 20 | Section
5-5-4 of the Unified Code of Corrections. | ||||||
| 21 | (7) Nothing in this Section shall prevent the | ||||||
| 22 | Department of
State Police from maintaining all records of | ||||||
| 23 | any person who
is admitted to probation upon terms and | ||||||
| 24 | conditions and who
fulfills those terms and conditions | ||||||
| 25 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
| 26 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
| |||||||
| |||||||
| 1 | of the
Methamphetamine Control and Community Protection | ||||||
| 2 | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||||||
| 3 | Corrections, Section 12-4.3 or subdivision (b)(1) of | ||||||
| 4 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
| 5 | Criminal Code of 2012, Section 10-102
of the Illinois | ||||||
| 6 | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||||||
| 7 | the Alcoholism and Other Drug Abuse and
Dependency Act, or | ||||||
| 8 | Section 10 of the Steroid Control Act. | ||||||
| 9 | (8) If the petitioner has been granted a certificate of | ||||||
| 10 | innocence under Section 2-702 of the Code of Civil | ||||||
| 11 | Procedure, the court that grants the certificate of | ||||||
| 12 | innocence shall also enter an order expunging the | ||||||
| 13 | conviction for which the petitioner has been determined to | ||||||
| 14 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
| 15 | of the Code of Civil Procedure. | ||||||
| 16 | (c) Sealing. | ||||||
| 17 | (1) Applicability. Notwithstanding any other provision | ||||||
| 18 | of this Act to the contrary, and cumulative with any rights | ||||||
| 19 | to expungement of criminal records, this subsection | ||||||
| 20 | authorizes the sealing of criminal records of adults and of | ||||||
| 21 | minors prosecuted as adults. | ||||||
| 22 | (2) Eligible Records. The following records may be | ||||||
| 23 | sealed: | ||||||
| 24 | (A) All arrests resulting in release without | ||||||
| 25 | charging; | ||||||
| 26 | (B) Arrests or charges not initiated by arrest | ||||||
| |||||||
| |||||||
| 1 | resulting in acquittal, dismissal, or conviction when | ||||||
| 2 | the conviction was reversed or vacated, except as | ||||||
| 3 | excluded by subsection (a)(3)(B); | ||||||
| 4 | (C) Arrests or charges not initiated by arrest | ||||||
| 5 | resulting in orders of supervision, including orders | ||||||
| 6 | of supervision for municipal ordinance violations, | ||||||
| 7 | successfully completed by the petitioner, unless | ||||||
| 8 | excluded by subsection (a)(3); | ||||||
| 9 | (D) Arrests or charges not initiated by arrest | ||||||
| 10 | resulting in convictions, including convictions on | ||||||
| 11 | municipal ordinance violations, unless excluded by | ||||||
| 12 | subsection (a)(3); | ||||||
| 13 | (E) Arrests or charges not initiated by arrest | ||||||
| 14 | resulting in orders of first offender probation under | ||||||
| 15 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
| 16 | the Illinois Controlled Substances Act, Section 70 of | ||||||
| 17 | the Methamphetamine Control and Community Protection | ||||||
| 18 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
| 19 | Corrections; and | ||||||
| 20 | (F) Arrests or charges not initiated by arrest | ||||||
| 21 | resulting in felony convictions for the following | ||||||
| 22 | offenses: | ||||||
| 23 | (i) Class 4 felony convictions for: | ||||||
| 24 | Prostitution under Section 11-14 of the | ||||||
| 25 | Criminal Code of 1961 or the Criminal Code of | ||||||
| 26 | 2012. | ||||||
| |||||||
| |||||||
| 1 | Possession of cannabis under Section 4 of | ||||||
| 2 | the Cannabis Control Act. | ||||||
| 3 | Possession of a controlled substance under | ||||||
| 4 | Section 402 of the Illinois Controlled | ||||||
| 5 | Substances Act. | ||||||
| 6 | Offenses under the Methamphetamine | ||||||
| 7 | Precursor Control Act. | ||||||
| 8 | Offenses under the Steroid Control Act. | ||||||
| 9 | Theft under Section 16-1 of the Criminal | ||||||
| 10 | Code of 1961 or the Criminal Code of 2012. | ||||||
| 11 | Retail theft under Section 16A-3 or | ||||||
| 12 | paragraph (a) of 16-25 of the Criminal Code of | ||||||
| 13 | 1961 or the Criminal Code of 2012. | ||||||
| 14 | Deceptive practices under Section 17-1 of | ||||||
| 15 | the Criminal Code of 1961 or the Criminal Code | ||||||
| 16 | of 2012. | ||||||
| 17 | Forgery under Section 17-3 of the Criminal | ||||||
| 18 | Code of 1961 or the Criminal Code of 2012. | ||||||
| 19 | Possession of burglary tools under Section | ||||||
| 20 | 19-2 of the Criminal Code of 1961 or the | ||||||
| 21 | Criminal Code of 2012. | ||||||
| 22 | (ii) Class 3 felony convictions for: | ||||||
| 23 | Theft under Section 16-1 of the Criminal | ||||||
| 24 | Code of 1961 or the Criminal Code of 2012. | ||||||
| 25 | Retail theft under Section 16A-3 or | ||||||
| 26 | paragraph (a) of 16-25 of the Criminal Code of | ||||||
| |||||||
| |||||||
| 1 | 1961 or the Criminal Code of 2012. | ||||||
| 2 | Deceptive practices under Section 17-1 of | ||||||
| 3 | the Criminal Code of 1961 or the Criminal Code | ||||||
| 4 | of 2012. | ||||||
| 5 | Forgery under Section 17-3 of the Criminal | ||||||
| 6 | Code of 1961 or the Criminal Code of 2012. | ||||||
| 7 | Possession with intent to manufacture or | ||||||
| 8 | deliver a controlled substance under Section | ||||||
| 9 | 401 of the Illinois Controlled Substances Act. | ||||||
| 10 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
| 11 | identified as eligible under subsection (c)(2) may be | ||||||
| 12 | sealed as follows: | ||||||
| 13 | (A) Records identified as eligible under | ||||||
| 14 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
| 15 | time. | ||||||
| 16 | (B) Except as otherwise provided in subparagraph | ||||||
| 17 | (E) of this paragraph (3), records identified as | ||||||
| 18 | eligible under subsection (c)(2)(C) may be sealed
2 | ||||||
| 19 | years after the termination of petitioner's last | ||||||
| 20 | sentence (as defined in subsection (a)(1)(F)). | ||||||
| 21 | (C) Except as otherwise provided in subparagraph | ||||||
| 22 | (E) of this paragraph (3), records identified as | ||||||
| 23 | eligible under subsections (c)(2)(D), (c)(2)(E), and | ||||||
| 24 | (c)(2)(F) may be sealed 3 years after the termination | ||||||
| 25 | of the petitioner's last sentence (as defined in | ||||||
| 26 | subsection (a)(1)(F)). | ||||||
| |||||||
| |||||||
| 1 | (D) Records identified in subsection | ||||||
| 2 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
| 3 | reached the age of 25 years. | ||||||
| 4 | (E) Records identified as eligible under | ||||||
| 5 | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | ||||||
| 6 | (c)(2)(F) may be sealed upon termination of the | ||||||
| 7 | petitioner's last sentence if the petitioner earned a | ||||||
| 8 | high school diploma, associate's degree, career | ||||||
| 9 | certificate, vocational technical certification, or | ||||||
| 10 | bachelor's degree, or passed the high school level Test | ||||||
| 11 | of General Educational Development, during the period | ||||||
| 12 | of his or her sentence, aftercare release, or mandatory | ||||||
| 13 | supervised release. This subparagraph shall apply only | ||||||
| 14 | to a petitioner who has not completed the same | ||||||
| 15 | educational goal prior to the period of his or her | ||||||
| 16 | sentence, aftercare release, or mandatory supervised | ||||||
| 17 | release. If a petition for sealing eligible records | ||||||
| 18 | filed under this subparagraph is denied by the court, | ||||||
| 19 | the time periods under subparagraph (B) or (C) shall | ||||||
| 20 | apply to any subsequent petition for sealing filed by | ||||||
| 21 | the petitioner. | ||||||
| 22 | (4) Subsequent felony convictions. A person may not | ||||||
| 23 | have
subsequent felony conviction records sealed as | ||||||
| 24 | provided in this subsection
(c) if he or she is convicted | ||||||
| 25 | of any felony offense after the date of the
sealing of | ||||||
| 26 | prior felony convictions as provided in this subsection | ||||||
| |||||||
| |||||||
| 1 | (c). The court may, upon conviction for a subsequent felony | ||||||
| 2 | offense, order the unsealing of prior felony conviction | ||||||
| 3 | records previously ordered sealed by the court. | ||||||
| 4 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
| 5 | disposition for an eligible record under this subsection | ||||||
| 6 | (c), the petitioner shall be informed by the court of the | ||||||
| 7 | right to have the records sealed and the procedures for the | ||||||
| 8 | sealing of the records. | ||||||
| 9 | (d) Procedure. The following procedures apply to | ||||||
| 10 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
| 11 | under subsections (c) and (e-5): | ||||||
| 12 | (1) Filing the petition. Upon becoming eligible to | ||||||
| 13 | petition for
the expungement or sealing of records under | ||||||
| 14 | this Section, the petitioner shall file a petition | ||||||
| 15 | requesting the expungement
or sealing of records with the | ||||||
| 16 | clerk of the court where the arrests occurred or the | ||||||
| 17 | charges were brought, or both. If arrests occurred or | ||||||
| 18 | charges were brought in multiple jurisdictions, a petition | ||||||
| 19 | must be filed in each such jurisdiction. The petitioner | ||||||
| 20 | shall pay the applicable fee, except no fee shall be | ||||||
| 21 | required if the petitioner has obtained a court order | ||||||
| 22 | waiving fees under Supreme Court Rule 298 or it is | ||||||
| 23 | otherwise waived. | ||||||
| 24 | (1.5) County fee waiver pilot program.
In a county of | ||||||
| 25 | 3,000,000 or more inhabitants, no fee shall be required to | ||||||
| 26 | be paid by a petitioner if the records sought to be | ||||||
| |||||||
| |||||||
| 1 | expunged or sealed were arrests resulting in release | ||||||
| 2 | without charging or arrests or charges not initiated by | ||||||
| 3 | arrest resulting in acquittal, dismissal, or conviction | ||||||
| 4 | when the conviction was reversed or vacated, unless | ||||||
| 5 | excluded by subsection (a)(3)(B). The provisions of this | ||||||
| 6 | paragraph (1.5), other than this sentence, are inoperative | ||||||
| 7 | on and after January 1, 2018 or one year after January 1, | ||||||
| 8 | 2017 (the effective date of Public Act 99-881) this | ||||||
| 9 | amendatory Act of the 99th General Assembly, whichever is | ||||||
| 10 | later. | ||||||
| 11 | (2) Contents of petition. The petition shall be
| ||||||
| 12 | verified and shall contain the petitioner's name, date of
| ||||||
| 13 | birth, current address and, for each arrest or charge not | ||||||
| 14 | initiated by
arrest sought to be sealed or expunged, the | ||||||
| 15 | case number, the date of
arrest (if any), the identity of | ||||||
| 16 | the arresting authority, and such
other information as the | ||||||
| 17 | court may require. During the pendency
of the proceeding, | ||||||
| 18 | the petitioner shall promptly notify the
circuit court | ||||||
| 19 | clerk of any change of his or her address. If the | ||||||
| 20 | petitioner has received a certificate of eligibility for | ||||||
| 21 | sealing from the Prisoner Review Board under paragraph (10) | ||||||
| 22 | of subsection (a) of Section 3-3-2 of the Unified Code of | ||||||
| 23 | Corrections, the certificate shall be attached to the | ||||||
| 24 | petition. | ||||||
| 25 | (3) Drug test. The petitioner must attach to the | ||||||
| 26 | petition proof that the petitioner has passed a test taken | ||||||
| |||||||
| |||||||
| 1 | within 30 days before the filing of the petition showing | ||||||
| 2 | the absence within his or her body of all illegal | ||||||
| 3 | substances as defined by the Illinois Controlled | ||||||
| 4 | Substances Act, the Methamphetamine Control and Community | ||||||
| 5 | Protection Act, and the Cannabis Control Act if he or she | ||||||
| 6 | is petitioning to: | ||||||
| 7 | (A) seal felony records under clause (c)(2)(E); | ||||||
| 8 | (B) seal felony records for a violation of the | ||||||
| 9 | Illinois Controlled Substances Act, the | ||||||
| 10 | Methamphetamine Control and Community Protection Act, | ||||||
| 11 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
| 12 | (C) seal felony records under subsection (e-5); or | ||||||
| 13 | (D) expunge felony records of a qualified | ||||||
| 14 | probation under clause (b)(1)(iv). | ||||||
| 15 | (4) Service of petition. The circuit court clerk shall | ||||||
| 16 | promptly
serve a copy of the petition and documentation to | ||||||
| 17 | support the petition under subsection (e-5) or (e-6) on the | ||||||
| 18 | State's Attorney or
prosecutor charged with the duty of | ||||||
| 19 | prosecuting the
offense, the Department of State Police, | ||||||
| 20 | the arresting
agency and the chief legal officer of the | ||||||
| 21 | unit of local
government effecting the arrest. | ||||||
| 22 | (5) Objections. | ||||||
| 23 | (A) Any party entitled to notice of the petition | ||||||
| 24 | may file an objection to the petition. All objections | ||||||
| 25 | shall be in writing, shall be filed with the circuit | ||||||
| 26 | court clerk, and shall state with specificity the basis | ||||||
| |||||||
| |||||||
| 1 | of the objection. Whenever a person who has been | ||||||
| 2 | convicted of an offense is granted
a pardon by the | ||||||
| 3 | Governor which specifically authorizes expungement, an | ||||||
| 4 | objection to the petition may not be filed. | ||||||
| 5 | (B) Objections to a petition to expunge or seal | ||||||
| 6 | must be filed within 60 days of the date of service of | ||||||
| 7 | the petition. | ||||||
| 8 | (6) Entry of order. | ||||||
| 9 | (A) The Chief Judge of the circuit wherein the | ||||||
| 10 | charge was brought, any judge of that circuit | ||||||
| 11 | designated by the Chief Judge, or in counties of less | ||||||
| 12 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
| 13 | at the petitioner's trial, if any, shall rule on the | ||||||
| 14 | petition to expunge or seal as set forth in this | ||||||
| 15 | subsection (d)(6). | ||||||
| 16 | (B) Unless the State's Attorney or prosecutor, the | ||||||
| 17 | Department of
State Police, the arresting agency, or | ||||||
| 18 | the chief legal officer
files an objection to the | ||||||
| 19 | petition to expunge or seal within 60 days from the | ||||||
| 20 | date of service of the petition, the court shall enter | ||||||
| 21 | an order granting or denying the petition. | ||||||
| 22 | (7) Hearings. If an objection is filed, the court shall | ||||||
| 23 | set a date for a hearing and notify the petitioner and all | ||||||
| 24 | parties entitled to notice of the petition of the hearing | ||||||
| 25 | date at least 30 days prior to the hearing. Prior to the | ||||||
| 26 | hearing, the State's Attorney shall consult with the | ||||||
| |||||||
| |||||||
| 1 | Department as to the appropriateness of the relief sought | ||||||
| 2 | in the petition to expunge or seal. At the hearing, the | ||||||
| 3 | court shall hear evidence on whether the petition should or | ||||||
| 4 | should not be granted, and shall grant or deny the petition | ||||||
| 5 | to expunge or seal the records based on the evidence | ||||||
| 6 | presented at the hearing. The court may consider the | ||||||
| 7 | following: | ||||||
| 8 | (A) the strength of the evidence supporting the | ||||||
| 9 | defendant's conviction; | ||||||
| 10 | (B) the reasons for retention of the conviction | ||||||
| 11 | records by the State; | ||||||
| 12 | (C) the petitioner's age, criminal record history, | ||||||
| 13 | and employment history; | ||||||
| 14 | (D) the period of time between the petitioner's | ||||||
| 15 | arrest on the charge resulting in the conviction and | ||||||
| 16 | the filing of the petition under this Section; and | ||||||
| 17 | (E) the specific adverse consequences the | ||||||
| 18 | petitioner may be subject to if the petition is denied. | ||||||
| 19 | (8) Service of order. After entering an order to | ||||||
| 20 | expunge or
seal records, the court must provide copies of | ||||||
| 21 | the order to the
Department, in a form and manner | ||||||
| 22 | prescribed by the Department,
to the petitioner, to the | ||||||
| 23 | State's Attorney or prosecutor
charged with the duty of | ||||||
| 24 | prosecuting the offense, to the
arresting agency, to the | ||||||
| 25 | chief legal officer of the unit of
local government | ||||||
| 26 | effecting the arrest, and to such other
criminal justice | ||||||
| |||||||
| |||||||
| 1 | agencies as may be ordered by the court. | ||||||
| 2 | (9) Implementation of order. | ||||||
| 3 | (A) Upon entry of an order to expunge records | ||||||
| 4 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||||||
| 5 | (i) the records shall be expunged (as defined | ||||||
| 6 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
| 7 | the Department, and any other agency as ordered by | ||||||
| 8 | the court, within 60 days of the date of service of | ||||||
| 9 | the order, unless a motion to vacate, modify, or | ||||||
| 10 | reconsider the order is filed pursuant to | ||||||
| 11 | paragraph (12) of subsection (d) of this Section; | ||||||
| 12 | (ii) the records of the circuit court clerk | ||||||
| 13 | shall be impounded until further order of the court | ||||||
| 14 | upon good cause shown and the name of the | ||||||
| 15 | petitioner obliterated on the official index | ||||||
| 16 | required to be kept by the circuit court clerk | ||||||
| 17 | under Section 16 of the Clerks of Courts Act, but | ||||||
| 18 | the order shall not affect any index issued by the | ||||||
| 19 | circuit court clerk before the entry of the order; | ||||||
| 20 | and | ||||||
| 21 | (iii) in response to an inquiry for expunged | ||||||
| 22 | records, the court, the Department, or the agency | ||||||
| 23 | receiving such inquiry, shall reply as it does in | ||||||
| 24 | response to inquiries when no records ever | ||||||
| 25 | existed. | ||||||
| 26 | (B) Upon entry of an order to expunge records | ||||||
| |||||||
| |||||||
| 1 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
| 2 | (i) the records shall be expunged (as defined | ||||||
| 3 | in subsection (a)(1)(E)) by the arresting agency | ||||||
| 4 | and any other agency as ordered by the court, | ||||||
| 5 | within 60 days of the date of service of the order, | ||||||
| 6 | unless a motion to vacate, modify, or reconsider | ||||||
| 7 | the order is filed pursuant to paragraph (12) of | ||||||
| 8 | subsection (d) of this Section; | ||||||
| 9 | (ii) the records of the circuit court clerk | ||||||
| 10 | shall be impounded until further order of the court | ||||||
| 11 | upon good cause shown and the name of the | ||||||
| 12 | petitioner obliterated on the official index | ||||||
| 13 | required to be kept by the circuit court clerk | ||||||
| 14 | under Section 16 of the Clerks of Courts Act, but | ||||||
| 15 | the order shall not affect any index issued by the | ||||||
| 16 | circuit court clerk before the entry of the order; | ||||||
| 17 | (iii) the records shall be impounded by the
| ||||||
| 18 | Department within 60 days of the date of service of | ||||||
| 19 | the order as ordered by the court, unless a motion | ||||||
| 20 | to vacate, modify, or reconsider the order is filed | ||||||
| 21 | pursuant to paragraph (12) of subsection (d) of | ||||||
| 22 | this Section; | ||||||
| 23 | (iv) records impounded by the Department may | ||||||
| 24 | be disseminated by the Department only as required | ||||||
| 25 | by law or to the arresting authority, the State's | ||||||
| 26 | Attorney, and the court upon a later arrest for the | ||||||
| |||||||
| |||||||
| 1 | same or a similar offense or for the purpose of | ||||||
| 2 | sentencing for any subsequent felony, and to the | ||||||
| 3 | Department of Corrections upon conviction for any | ||||||
| 4 | offense; and | ||||||
| 5 | (v) in response to an inquiry for such records | ||||||
| 6 | from anyone not authorized by law to access such | ||||||
| 7 | records, the court, the Department, or the agency | ||||||
| 8 | receiving such inquiry shall reply as it does in | ||||||
| 9 | response to inquiries when no records ever | ||||||
| 10 | existed. | ||||||
| 11 | (B-5) Upon entry of an order to expunge records | ||||||
| 12 | under subsection (e-6): | ||||||
| 13 | (i) the records shall be expunged (as defined | ||||||
| 14 | in subsection (a)(1)(E)) by the arresting agency | ||||||
| 15 | and any other agency as ordered by the court, | ||||||
| 16 | within 60 days of the date of service of the order, | ||||||
| 17 | unless a motion to vacate, modify, or reconsider | ||||||
| 18 | the order is filed under paragraph (12) of | ||||||
| 19 | subsection (d) of this Section; | ||||||
| 20 | (ii) the records of the circuit court clerk | ||||||
| 21 | shall be impounded until further order of the court | ||||||
| 22 | upon good cause shown and the name of the | ||||||
| 23 | petitioner obliterated on the official index | ||||||
| 24 | required to be kept by the circuit court clerk | ||||||
| 25 | under Section 16 of the Clerks of Courts Act, but | ||||||
| 26 | the order shall not affect any index issued by the | ||||||
| |||||||
| |||||||
| 1 | circuit court clerk before the entry of the order; | ||||||
| 2 | (iii) the records shall be impounded by the
| ||||||
| 3 | Department within 60 days of the date of service of | ||||||
| 4 | the order as ordered by the court, unless a motion | ||||||
| 5 | to vacate, modify, or reconsider the order is filed | ||||||
| 6 | under paragraph (12) of subsection (d) of this | ||||||
| 7 | Section; | ||||||
| 8 | (iv) records impounded by the Department may | ||||||
| 9 | be disseminated by the Department only as required | ||||||
| 10 | by law or to the arresting authority, the State's | ||||||
| 11 | Attorney, and the court upon a later arrest for the | ||||||
| 12 | same or a similar offense or for the purpose of | ||||||
| 13 | sentencing for any subsequent felony, and to the | ||||||
| 14 | Department of Corrections upon conviction for any | ||||||
| 15 | offense; and | ||||||
| 16 | (v) in response to an inquiry for these records | ||||||
| 17 | from anyone not authorized by law to access the | ||||||
| 18 | records, the court, the Department, or the agency | ||||||
| 19 | receiving the inquiry shall reply as it does in | ||||||
| 20 | response to inquiries when no records ever | ||||||
| 21 | existed. | ||||||
| 22 | (C) Upon entry of an order to seal records under | ||||||
| 23 | subsection
(c), the arresting agency, any other agency | ||||||
| 24 | as ordered by the court, the Department, and the court | ||||||
| 25 | shall seal the records (as defined in subsection | ||||||
| 26 | (a)(1)(K)). In response to an inquiry for such records, | ||||||
| |||||||
| |||||||
| 1 | from anyone not authorized by law to access such | ||||||
| 2 | records, the court, the Department, or the agency | ||||||
| 3 | receiving such inquiry shall reply as it does in | ||||||
| 4 | response to inquiries when no records ever existed. | ||||||
| 5 | (D) The Department shall send written notice to the | ||||||
| 6 | petitioner of its compliance with each order to expunge | ||||||
| 7 | or seal records within 60 days of the date of service | ||||||
| 8 | of that order or, if a motion to vacate, modify, or | ||||||
| 9 | reconsider is filed, within 60 days of service of the | ||||||
| 10 | order resolving the motion, if that order requires the | ||||||
| 11 | Department to expunge or seal records. In the event of | ||||||
| 12 | an appeal from the circuit court order, the Department | ||||||
| 13 | shall send written notice to the petitioner of its | ||||||
| 14 | compliance with an Appellate Court or Supreme Court | ||||||
| 15 | judgment to expunge or seal records within 60 days of | ||||||
| 16 | the issuance of the court's mandate. The notice is not | ||||||
| 17 | required while any motion to vacate, modify, or | ||||||
| 18 | reconsider, or any appeal or petition for | ||||||
| 19 | discretionary appellate review, is pending. | ||||||
| 20 | (10) Fees. The Department may charge the petitioner a | ||||||
| 21 | fee equivalent to the cost of processing any order to | ||||||
| 22 | expunge or seal records. Notwithstanding any provision of | ||||||
| 23 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
| 24 | clerk may charge a fee equivalent to the cost associated | ||||||
| 25 | with the sealing or expungement of records by the circuit | ||||||
| 26 | court clerk. From the total filing fee collected for the | ||||||
| |||||||
| |||||||
| 1 | petition to seal or expunge, the circuit court clerk shall | ||||||
| 2 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
| 3 | Administrative Fund, to be used to offset the costs | ||||||
| 4 | incurred by the circuit court clerk in performing the | ||||||
| 5 | additional duties required to serve the petition to seal or | ||||||
| 6 | expunge on all parties. The circuit court clerk shall | ||||||
| 7 | collect and forward the Department of State Police portion | ||||||
| 8 | of the fee to the Department and it shall be deposited in | ||||||
| 9 | the State Police Services Fund. | ||||||
| 10 | (11) Final Order. No court order issued under the | ||||||
| 11 | expungement or sealing provisions of this Section shall | ||||||
| 12 | become final for purposes of appeal until 30 days after | ||||||
| 13 | service of the order on the petitioner and all parties | ||||||
| 14 | entitled to notice of the petition. | ||||||
| 15 | (12) Motion to Vacate, Modify, or Reconsider. Under | ||||||
| 16 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
| 17 | petitioner or any party entitled to notice may file a | ||||||
| 18 | motion to vacate, modify, or reconsider the order granting | ||||||
| 19 | or denying the petition to expunge or seal within 60 days | ||||||
| 20 | of service of the order. If filed more than 60 days after | ||||||
| 21 | service of the order, a petition to vacate, modify, or | ||||||
| 22 | reconsider shall comply with subsection (c) of Section | ||||||
| 23 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
| 24 | motion to vacate, modify, or reconsider, notice of the | ||||||
| 25 | motion shall be served upon the petitioner and all parties | ||||||
| 26 | entitled to notice of the petition. | ||||||
| |||||||
| |||||||
| 1 | (13) Effect of Order. An order granting a petition | ||||||
| 2 | under the expungement or sealing provisions of this Section | ||||||
| 3 | shall not be considered void because it fails to comply | ||||||
| 4 | with the provisions of this Section or because of any error | ||||||
| 5 | asserted in a motion to vacate, modify, or reconsider. The | ||||||
| 6 | circuit court retains jurisdiction to determine whether | ||||||
| 7 | the order is voidable and to vacate, modify, or reconsider | ||||||
| 8 | its terms based on a motion filed under paragraph (12) of | ||||||
| 9 | this subsection (d). | ||||||
| 10 | (14) Compliance with Order Granting Petition to Seal | ||||||
| 11 | Records. Unless a court has entered a stay of an order | ||||||
| 12 | granting a petition to seal, all parties entitled to notice | ||||||
| 13 | of the petition must fully comply with the terms of the | ||||||
| 14 | order within 60 days of service of the order even if a | ||||||
| 15 | party is seeking relief from the order through a motion | ||||||
| 16 | filed under paragraph (12) of this subsection (d) or is | ||||||
| 17 | appealing the order. | ||||||
| 18 | (15) Compliance with Order Granting Petition to | ||||||
| 19 | Expunge Records. While a party is seeking relief from the | ||||||
| 20 | order granting the petition to expunge through a motion | ||||||
| 21 | filed under paragraph (12) of this subsection (d) or is | ||||||
| 22 | appealing the order, and unless a court has entered a stay | ||||||
| 23 | of that order, the parties entitled to notice of the | ||||||
| 24 | petition must seal, but need not expunge, the records until | ||||||
| 25 | there is a final order on the motion for relief or, in the | ||||||
| 26 | case of an appeal, the issuance of that court's mandate. | ||||||
| |||||||
| |||||||
| 1 | (16) The changes to this subsection (d) made by Public | ||||||
| 2 | Act 98-163 apply to all petitions pending on August 5, 2013 | ||||||
| 3 | (the effective date of Public Act 98-163) and to all orders | ||||||
| 4 | ruling on a petition to expunge or seal on or after August | ||||||
| 5 | 5, 2013 (the effective date of Public Act 98-163). | ||||||
| 6 | (e) Whenever a person who has been convicted of an offense | ||||||
| 7 | is granted
a pardon by the Governor which specifically | ||||||
| 8 | authorizes expungement, he or she may,
upon verified petition | ||||||
| 9 | to the Chief Judge of the circuit where the person had
been | ||||||
| 10 | convicted, any judge of the circuit designated by the Chief | ||||||
| 11 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
| 12 | presiding trial judge at the
defendant's trial, have a court | ||||||
| 13 | order entered expunging the record of
arrest from the official | ||||||
| 14 | records of the arresting authority and order that the
records | ||||||
| 15 | of the circuit court clerk and the Department be sealed until
| ||||||
| 16 | further order of the court upon good cause shown or as | ||||||
| 17 | otherwise provided
herein, and the name of the defendant | ||||||
| 18 | obliterated from the official index
requested to be kept by the | ||||||
| 19 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
| 20 | Act in connection with the arrest and conviction for the | ||||||
| 21 | offense for
which he or she had been pardoned but the order | ||||||
| 22 | shall not affect any index issued by
the circuit court clerk | ||||||
| 23 | before the entry of the order. All records sealed by
the | ||||||
| 24 | Department may be disseminated by the Department only to the | ||||||
| 25 | arresting authority, the State's Attorney, and the court upon a | ||||||
| 26 | later
arrest for the same or similar offense or for the purpose | ||||||
| |||||||
| |||||||
| 1 | of sentencing for any
subsequent felony. Upon conviction for | ||||||
| 2 | any subsequent offense, the Department
of Corrections shall | ||||||
| 3 | have access to all sealed records of the Department
pertaining | ||||||
| 4 | to that individual. Upon entry of the order of expungement, the
| ||||||
| 5 | circuit court clerk shall promptly mail a copy of the order to | ||||||
| 6 | the
person who was pardoned. | ||||||
| 7 | (e-5) Whenever a person who has been convicted of an | ||||||
| 8 | offense is granted a certificate of eligibility for sealing by | ||||||
| 9 | the Prisoner Review Board which specifically authorizes | ||||||
| 10 | sealing, he or she may, upon verified petition to the Chief | ||||||
| 11 | Judge of the circuit where the person had been convicted, any | ||||||
| 12 | judge of the circuit designated by the Chief Judge, or in | ||||||
| 13 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
| 14 | trial judge at the petitioner's trial, have a court order | ||||||
| 15 | entered sealing the record of arrest from the official records | ||||||
| 16 | of the arresting authority and order that the records of the | ||||||
| 17 | circuit court clerk and the Department be sealed until further | ||||||
| 18 | order of the court upon good cause shown or as otherwise | ||||||
| 19 | provided herein, and the name of the petitioner obliterated | ||||||
| 20 | from the official index requested to be kept by the circuit | ||||||
| 21 | court clerk under Section 16 of the Clerks of Courts Act in | ||||||
| 22 | connection with the arrest and conviction for the offense for | ||||||
| 23 | which he or she had been granted the certificate but the order | ||||||
| 24 | shall not affect any index issued by the circuit court clerk | ||||||
| 25 | before the entry of the order. All records sealed by the | ||||||
| 26 | Department may be disseminated by the Department only as | ||||||
| |||||||
| |||||||
| 1 | required by this Act or to the arresting authority, a law | ||||||
| 2 | enforcement agency, the State's Attorney, and the court upon a | ||||||
| 3 | later arrest for the same or similar offense or for the purpose | ||||||
| 4 | of sentencing for any subsequent felony. Upon conviction for | ||||||
| 5 | any subsequent offense, the Department of Corrections shall | ||||||
| 6 | have access to all sealed records of the Department pertaining | ||||||
| 7 | to that individual. Upon entry of the order of sealing, the | ||||||
| 8 | circuit court clerk shall promptly mail a copy of the order to | ||||||
| 9 | the person who was granted the certificate of eligibility for | ||||||
| 10 | sealing. | ||||||
| 11 | (e-6) Whenever a person who has been convicted of an | ||||||
| 12 | offense is granted a certificate of eligibility for expungement | ||||||
| 13 | by the Prisoner Review Board which specifically authorizes | ||||||
| 14 | expungement, he or she may, upon verified petition to the Chief | ||||||
| 15 | Judge of the circuit where the person had been convicted, any | ||||||
| 16 | judge of the circuit designated by the Chief Judge, or in | ||||||
| 17 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
| 18 | trial judge at the petitioner's trial, have a court order | ||||||
| 19 | entered expunging the record of arrest from the official | ||||||
| 20 | records of the arresting authority and order that the records | ||||||
| 21 | of the circuit court clerk and the Department be sealed until | ||||||
| 22 | further order of the court upon good cause shown or as | ||||||
| 23 | otherwise provided herein, and the name of the petitioner | ||||||
| 24 | obliterated from the official index requested to be kept by the | ||||||
| 25 | circuit court clerk under Section 16 of the Clerks of Courts | ||||||
| 26 | Act in connection with the arrest and conviction for the | ||||||
| |||||||
| |||||||
| 1 | offense for which he or she had been granted the certificate | ||||||
| 2 | but the order shall not affect any index issued by the circuit | ||||||
| 3 | court clerk before the entry of the order. All records sealed | ||||||
| 4 | by the Department may be disseminated by the Department only as | ||||||
| 5 | required by this Act or to the arresting authority, a law | ||||||
| 6 | enforcement agency, the State's Attorney, and the court upon a | ||||||
| 7 | later arrest for the same or similar offense or for the purpose | ||||||
| 8 | of sentencing for any subsequent felony. Upon conviction for | ||||||
| 9 | any subsequent offense, the Department of Corrections shall | ||||||
| 10 | have access to all expunged records of the Department | ||||||
| 11 | pertaining to that individual. Upon entry of the order of | ||||||
| 12 | expungement, the circuit court clerk shall promptly mail a copy | ||||||
| 13 | of the order to the person who was granted the certificate of | ||||||
| 14 | eligibility for expungement. | ||||||
| 15 | (f) Subject to available funding, the Illinois Department
| ||||||
| 16 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
| 17 | especially on employment and recidivism rates, utilizing a
| ||||||
| 18 | random sample of those who apply for the sealing of their
| ||||||
| 19 | criminal records under Public Act 93-211. At the request of the
| ||||||
| 20 | Illinois Department of Corrections, records of the Illinois
| ||||||
| 21 | Department of Employment Security shall be utilized as
| ||||||
| 22 | appropriate to assist in the study. The study shall not
| ||||||
| 23 | disclose any data in a manner that would allow the
| ||||||
| 24 | identification of any particular individual or employing unit.
| ||||||
| 25 | The study shall be made available to the General Assembly no
| ||||||
| 26 | later than September 1, 2010.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, | ||||||
| 2 | eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635, | ||||||
| 3 | eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14; | ||||||
| 4 | 98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; | ||||||
| 5 | 99-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. | ||||||
| 6 | 7-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)
| ||||||
| 7 | Section 150. The Illinois Uniform Conviction Information | ||||||
| 8 | Act is amended by changing Section 3 as follows:
| ||||||
| 9 | (20 ILCS 2635/3) (from Ch. 38, par. 1603)
| ||||||
| 10 | Sec. 3. Definitions. Whenever used in this Act, and for the | ||||||
| 11 | purposes
of this Act, unless the context clearly indicates | ||||||
| 12 | otherwise:
| ||||||
| 13 | (A) "Accurate" means factually correct, containing no | ||||||
| 14 | mistake or error
of a material nature.
| ||||||
| 15 | (B) The phrase "administer the criminal laws" includes any | ||||||
| 16 | of the
following activities: intelligence gathering, | ||||||
| 17 | surveillance, criminal
investigation, crime detection and | ||||||
| 18 | prevention (including research),
apprehension, detention, | ||||||
| 19 | pretrial or post-trial release, prosecution, the
correctional | ||||||
| 20 | supervision or rehabilitation of accused persons or criminal
| ||||||
| 21 | offenders, criminal identification activities, data analysis | ||||||
| 22 | and research done by the sentencing commission, or the | ||||||
| 23 | collection,
maintenance or dissemination of criminal history | ||||||
| 24 | record information.
| ||||||
| |||||||
| |||||||
| 1 | (C) "The Authority" means the Illinois Criminal Justice | ||||||
| 2 | Information
Authority.
| ||||||
| 3 | (D) "Automated" means the utilization of computers, | ||||||
| 4 | telecommunication
lines, or other automatic data processing | ||||||
| 5 | equipment for data collection or
storage, analysis, | ||||||
| 6 | processing, preservation, maintenance, dissemination, or
| ||||||
| 7 | display and is distinguished from a system in which such | ||||||
| 8 | activities are
performed manually.
| ||||||
| 9 | (E) "Complete" means accurately reflecting all the | ||||||
| 10 | criminal history
record information about an individual that is | ||||||
| 11 | required to be reported to
the Department pursuant to Section | ||||||
| 12 | 2.1 of the Criminal Identification Act.
| ||||||
| 13 | (F) "Conviction information" means data reflecting a | ||||||
| 14 | judgment of guilt
or nolo contendere. The term includes all | ||||||
| 15 | prior and subsequent criminal
history events directly relating | ||||||
| 16 | to such judgments, such as, but not
limited to: (1) the | ||||||
| 17 | notation of arrest; (2) the notation of charges filed;
(3) the | ||||||
| 18 | sentence imposed; (4) the fine imposed; and (5) all related
| ||||||
| 19 | probation, parole, and release information. Information ceases | ||||||
| 20 | to be
"conviction information" when a judgment of guilt is | ||||||
| 21 | reversed or vacated.
| ||||||
| 22 | For purposes of this Act, continuances to a date certain in | ||||||
| 23 | furtherance
of an order of supervision granted under Section | ||||||
| 24 | 5-6-1 of the Unified Code
of Corrections or an order of | ||||||
| 25 | probation granted under either Section 10 of
the Cannabis | ||||||
| 26 | Control Act, Section 410 of the Illinois Controlled
Substances | ||||||
| |||||||
| |||||||
| 1 | Act, Section 70 of the Methamphetamine Control and Community | ||||||
| 2 | Protection Act, Section 12-4.3 or subdivision (b)(1) of Section | ||||||
| 3 | 12-3.05 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 4 | 2012, Section
10-102 of the Illinois Alcoholism and Other Drug | ||||||
| 5 | Dependency Act, Section
40-10 of the Alcoholism and Other Drug | ||||||
| 6 | Abuse and Dependency Act, or Section
10 of the Steroid Control | ||||||
| 7 | Act shall not be deemed "conviction information".
| ||||||
| 8 | (G) "Criminal history record information" means data | ||||||
| 9 | identifiable to an
individual, including information collected | ||||||
| 10 | under Section 4.5 of the Criminal Identification Act, and | ||||||
| 11 | consisting of descriptions or notations of arrests,
| ||||||
| 12 | detentions, indictments, informations, pretrial proceedings, | ||||||
| 13 | trials, or
other formal events in the criminal justice system | ||||||
| 14 | or descriptions or
notations of criminal charges (including | ||||||
| 15 | criminal violations of local
municipal ordinances) and the | ||||||
| 16 | nature of any disposition arising therefrom,
including | ||||||
| 17 | sentencing, court or correctional supervision, rehabilitation | ||||||
| 18 | and
release. The term does not apply to statistical records and | ||||||
| 19 | reports in
which individuals individual are not identified and | ||||||
| 20 | from which their identities are not
ascertainable, or to | ||||||
| 21 | information that is for criminal investigative or
intelligence | ||||||
| 22 | purposes.
| ||||||
| 23 | (H) "Criminal justice agency" means (1) a government agency | ||||||
| 24 | or any
subunit thereof which is authorized to administer the | ||||||
| 25 | criminal laws and
which allocates a substantial part of its | ||||||
| 26 | annual budget for that purpose,
or (2) an agency supported by | ||||||
| |||||||
| |||||||
| 1 | public funds which is authorized as its
principal function to | ||||||
| 2 | administer the criminal laws and which is officially
designated | ||||||
| 3 | by the Department as a criminal justice agency for purposes of
| ||||||
| 4 | this Act.
| ||||||
| 5 | (I) "The Department" means the Illinois Department of State | ||||||
| 6 | Police.
| ||||||
| 7 | (J) "Director" means the Director of the Illinois | ||||||
| 8 | Department of State
Police.
| ||||||
| 9 | (K) "Disseminate" means to disclose or transmit conviction | ||||||
| 10 | information
in any form, oral, written, or otherwise.
| ||||||
| 11 | (L) "Exigency" means pending danger or the threat of | ||||||
| 12 | pending danger to
an individual or property.
| ||||||
| 13 | (M) "Non-criminal justice agency" means a State agency, | ||||||
| 14 | Federal agency,
or unit of local government that is not a | ||||||
| 15 | criminal justice agency. The
term does not refer to private | ||||||
| 16 | individuals, corporations, or
non-governmental agencies or | ||||||
| 17 | organizations.
| ||||||
| 18 | (M-5) "Request" means the submission to the Department, in | ||||||
| 19 | the form and
manner required, the necessary data elements or | ||||||
| 20 | fingerprints, or both, to allow
the Department to initiate a | ||||||
| 21 | search of its criminal history record information
files.
| ||||||
| 22 | (N) "Requester" means any private individual, corporation, | ||||||
| 23 | organization,
employer, employment agency, labor organization, | ||||||
| 24 | or non-criminal justice
agency that has made a request pursuant | ||||||
| 25 | to this Act
to obtain
conviction information maintained in the | ||||||
| 26 | files of the Department of State
Police regarding a particular | ||||||
| |||||||
| |||||||
| 1 | individual.
| ||||||
| 2 | (O) "Statistical information" means data from which the | ||||||
| 3 | identity of an
individual cannot be ascertained, | ||||||
| 4 | reconstructed, or verified and to which
the identity of an | ||||||
| 5 | individual cannot be linked by the recipient of the
| ||||||
| 6 | information.
| ||||||
| 7 | (P) "Sentencing commission" means the Sentencing Policy | ||||||
| 8 | Advisory Council. | ||||||
| 9 | (Source: P.A. 98-528, eff. 1-1-15; 99-880, eff. 8-22-16; | ||||||
| 10 | revised 10-27-16.)
| ||||||
| 11 | Section 155. The Department of Veterans Affairs Act is | ||||||
| 12 | amended by changing Section 20 as follows:
| ||||||
| 13 | (20 ILCS 2805/20)
| ||||||
| 14 | Sec. 20. Illinois Discharged Servicemember Task Force. The | ||||||
| 15 | Illinois Discharged Servicemember Task Force is hereby created | ||||||
| 16 | within the Department of Veterans' Veterans Affairs. The Task | ||||||
| 17 | Force shall investigate the re-entry process for service | ||||||
| 18 | members who return to civilian life after being engaged in an | ||||||
| 19 | active theater. The investigation shall include the effects of | ||||||
| 20 | post-traumatic stress disorder, homelessness, disabilities, | ||||||
| 21 | and other issues the Task Force finds relevant to the re-entry | ||||||
| 22 | process. For fiscal year 2012, the Task Force shall include the | ||||||
| 23 | availability of prosthetics in its investigation. For fiscal | ||||||
| 24 | year 2014, the Task Force shall include the needs of women | ||||||
| |||||||
| |||||||
| 1 | veterans with respect to issues including, but not limited to, | ||||||
| 2 | compensation, rehabilitation, outreach, health care, and | ||||||
| 3 | issues facing women veterans in the community, and to offer | ||||||
| 4 | recommendations on how best to alleviate these needs which | ||||||
| 5 | shall be included in the Task Force Annual Report for 2014. The | ||||||
| 6 | Task Force shall include the following members: | ||||||
| 7 | (a) a representative of the Department of Veterans' | ||||||
| 8 | Veterans Affairs, who shall chair the committee;
| ||||||
| 9 | (b) a representative from the Department of Military | ||||||
| 10 | Affairs;
| ||||||
| 11 | (c) a representative from the Office of the Illinois | ||||||
| 12 | Attorney General;
| ||||||
| 13 | (d) a member of the General Assembly appointed by the | ||||||
| 14 | Speaker of the House;
| ||||||
| 15 | (e) a member of the General Assembly appointed by the | ||||||
| 16 | House Minority Leader;
| ||||||
| 17 | (f) a member of the General Assembly appointed by the | ||||||
| 18 | President of the Senate;
| ||||||
| 19 | (g) a member of the General Assembly appointed by the | ||||||
| 20 | Senate Minority Leader;
| ||||||
| 21 | (h) 4 members chosen by the Department of Veterans' | ||||||
| 22 | Veterans Affairs, who shall represent statewide veterans' | ||||||
| 23 | organizations or veterans' homeless shelters;
| ||||||
| 24 | (i) one member appointed by the Lieutenant Governor; | ||||||
| 25 | and
| ||||||
| 26 | (j) a representative of the United States Department of | ||||||
| |||||||
| |||||||
| 1 | Veterans Affairs shall be invited to participate.
| ||||||
| 2 | Vacancies in the Task Force shall be filled by the initial | ||||||
| 3 | appointing authority. Task Force members shall serve without | ||||||
| 4 | compensation, but may be reimbursed for necessary expenses | ||||||
| 5 | incurred in performing duties associated with the Task Force.
| ||||||
| 6 | By July 1, 2008 and by July 1 of each year thereafter, the | ||||||
| 7 | Task Force shall present an annual report of its findings to | ||||||
| 8 | the Governor, the Attorney General, the Director of Veterans' | ||||||
| 9 | Affairs, the Lieutenant Governor, and the Secretary of the | ||||||
| 10 | United States Department of Veterans Affairs.
| ||||||
| 11 | If the Task Force becomes inactive because active theaters | ||||||
| 12 | cease, the Director of Veterans' Veterans Affairs may | ||||||
| 13 | reactivate the Task Force if active theaters are reestablished.
| ||||||
| 14 | (Source: P.A. 97-414, eff. 1-1-12; 98-310, eff. 8-12-13; | ||||||
| 15 | revised 9-8-16.)
| ||||||
| 16 | Section 160. The Illinois Finance Authority Act is amended | ||||||
| 17 | by changing Section 825-65 and the heading of Article 835 as | ||||||
| 18 | follows:
| ||||||
| 19 | (20 ILCS 3501/825-65) | ||||||
| 20 | Sec. 825-65. Clean Coal, Coal, Energy Efficiency, and | ||||||
| 21 | Renewable Energy Project Financing. | ||||||
| 22 | (a) Findings and declaration of policy. | ||||||
| 23 | (i) It is hereby found and declared that
Illinois has | ||||||
| 24 | abundant coal resources and, in some areas of Illinois, the | ||||||
| |||||||
| |||||||
| 1 | demand
for power exceeds the generating capacity. | ||||||
| 2 | Incentives to encourage the
construction of coal-fueled | ||||||
| 3 | electric generating plants in Illinois to ensure
power | ||||||
| 4 | generating capacity into the future and to advance clean | ||||||
| 5 | coal technology and the use of Illinois coal are in the | ||||||
| 6 | best interests of all of
the citizens of Illinois. | ||||||
| 7 | (ii) It is further found and declared that Illinois has | ||||||
| 8 | abundant potential and resources to develop renewable | ||||||
| 9 | energy resource projects and that there are many | ||||||
| 10 | opportunities to invest in cost-effective energy | ||||||
| 11 | efficiency projects throughout the State. The development | ||||||
| 12 | of those projects will create jobs and investment as well | ||||||
| 13 | as decrease environmental impacts and promote energy | ||||||
| 14 | independence in Illinois. Accordingly, the development of | ||||||
| 15 | those projects is in the best interests of all of the | ||||||
| 16 | citizens of Illinois. | ||||||
| 17 | (iii) The Authority is authorized to issue bonds to | ||||||
| 18 | help
finance Clean Coal, Coal, Energy Efficiency, and | ||||||
| 19 | Renewable Energy projects pursuant to this
Section. | ||||||
| 20 | (b) Definitions. | ||||||
| 21 | (i) "Clean Coal Project" means (A) "clean coal | ||||||
| 22 | facility", as defined in Section 1-10 of the Illinois Power | ||||||
| 23 | Agency Act; (B) "clean coal SNG facility", as defined in | ||||||
| 24 | Section 1-10 of the Illinois Power Agency Act; (C) | ||||||
| 25 | transmission lines and associated equipment that transfer | ||||||
| 26 | electricity from points of supply to points of delivery for | ||||||
| |||||||
| |||||||
| 1 | projects described in this subsection (b); (D) pipelines or | ||||||
| 2 | other methods to transfer carbon dioxide from the point of | ||||||
| 3 | production to the point of storage or sequestration for | ||||||
| 4 | projects described in this subsection (b); or (E) projects | ||||||
| 5 | to provide carbon abatement technology for existing | ||||||
| 6 | generating facilities. | ||||||
| 7 | (ii) "Coal Project" means new electric
generating | ||||||
| 8 | facilities or new gasification facilities, as defined in
| ||||||
| 9 | Section 605-332 of the Department of Commerce and
Economic | ||||||
| 10 | Opportunity Law of the Civil Administrative Code of | ||||||
| 11 | Illinois, which
may
include mine-mouth power plants, | ||||||
| 12 | projects that employ the use of clean coal
technology, | ||||||
| 13 | projects to provide scrubber technology for existing | ||||||
| 14 | energy
generating plants, or projects to provide electric | ||||||
| 15 | transmission facilities or new gasification facilities. | ||||||
| 16 | (iii) "Energy Efficiency Project" means measures that | ||||||
| 17 | reduce the amount of electricity or natural gas required to | ||||||
| 18 | achieve a given end use, consistent with Section 1-10 of | ||||||
| 19 | the Illinois Power Agency Act. "Energy Efficiency Project" | ||||||
| 20 | also includes measures that reduce the total Btus of | ||||||
| 21 | electricity and natural gas needed to meet the end use or | ||||||
| 22 | uses consistent with Section 1-10 of the Illinois Power | ||||||
| 23 | Agency Act. | ||||||
| 24 | (iv) "Renewable Energy Project" means (A) a project | ||||||
| 25 | that uses renewable energy resources, as defined in Section | ||||||
| 26 | 1-10 of the Illinois Power Agency Act; (B) a project that | ||||||
| |||||||
| |||||||
| 1 | uses environmentally preferable technologies and practices | ||||||
| 2 | that result in improvements to the production of renewable | ||||||
| 3 | fuels, including but not limited to, cellulosic | ||||||
| 4 | conversion, water and energy conservation, fractionation, | ||||||
| 5 | alternative feedstocks, or reduced greenhouse green house | ||||||
| 6 | gas emissions; (C) transmission lines and associated | ||||||
| 7 | equipment that transfer electricity from points of supply | ||||||
| 8 | to points of delivery for projects described in this | ||||||
| 9 | subsection (b); or (D) projects that use technology for the | ||||||
| 10 | storage of renewable energy, including, without | ||||||
| 11 | limitation, the use of battery or electrochemical storage | ||||||
| 12 | technology for mobile or stationary applications. | ||||||
| 13 | (c) Creation of reserve funds. The Authority may establish | ||||||
| 14 | and maintain one
or more reserve funds to enhance bonds issued | ||||||
| 15 | by the Authority for a Clean Coal Project, a Coal Project, an | ||||||
| 16 | Energy Efficiency Project, or a Renewable
Energy Project.
There | ||||||
| 17 | may be one or more accounts in these reserve funds in which | ||||||
| 18 | there may be
deposited: | ||||||
| 19 | (1) any proceeds of the bonds issued by the Authority | ||||||
| 20 | required to
be deposited therein by the terms of any | ||||||
| 21 | contract between the Authority and its
bondholders or any | ||||||
| 22 | resolution of the Authority; | ||||||
| 23 | (2) any other moneys or funds of the Authority that it | ||||||
| 24 | may
determine to deposit therein from any other source; and | ||||||
| 25 | (3) any other moneys or funds made available to the | ||||||
| 26 | Authority.
Subject to the terms of any pledge to the owners | ||||||
| |||||||
| |||||||
| 1 | of any bonds, moneys in any
reserve fund may be held and | ||||||
| 2 | applied to the payment of principal, premium, if
any, and | ||||||
| 3 | interest of such bonds. | ||||||
| 4 | (d) Powers and duties. The Authority has the power: | ||||||
| 5 | (1) To issue bonds in one or more series pursuant to | ||||||
| 6 | one or more
resolutions of the Authority for any Clean Coal | ||||||
| 7 | Project, Coal Project, Energy Efficiency Project, or | ||||||
| 8 | Renewable Energy Project authorized
under this Section, | ||||||
| 9 | within the authorization set forth in subsection (e). | ||||||
| 10 | (2) To provide for the funding of any reserves or other | ||||||
| 11 | funds or
accounts deemed necessary by the Authority in | ||||||
| 12 | connection with any bonds issued
by the Authority. | ||||||
| 13 | (3) To pledge any funds of the Authority or funds made | ||||||
| 14 | available to
the Authority that may be applied to such | ||||||
| 15 | purpose as security for any bonds or
any guarantees, | ||||||
| 16 | letters of credit, insurance contracts or similar credit
| ||||||
| 17 | support
or liquidity instruments securing the bonds. | ||||||
| 18 | (4) To enter into agreements or contracts with third | ||||||
| 19 | parties,
whether public or private, including, without | ||||||
| 20 | limitation, the United States of
America, the State or any | ||||||
| 21 | department or agency thereof, to obtain any
| ||||||
| 22 | appropriations, grants, loans or guarantees that are | ||||||
| 23 | deemed necessary or
desirable by the Authority. Any such | ||||||
| 24 | guarantee, agreement or contract may
contain terms and | ||||||
| 25 | provisions necessary or desirable in connection with the
| ||||||
| 26 | program, subject to the requirements established by the | ||||||
| |||||||
| |||||||
| 1 | Act. | ||||||
| 2 | (5) To exercise such other powers as are necessary or | ||||||
| 3 | incidental to
the foregoing. | ||||||
| 4 | (e) Clean Coal Project, Coal Project, Energy Efficiency | ||||||
| 5 | Project, and Renewable Energy Project bond authorization and | ||||||
| 6 | financing limits. In
addition
to any other bonds authorized to | ||||||
| 7 | be issued under
Sections 801-40(w), 825-60, 830-25
and 845-5, | ||||||
| 8 | the Authority may have outstanding, at any time, bonds for the
| ||||||
| 9 | purpose
enumerated in this
Section 825-65 in an aggregate | ||||||
| 10 | principal amount that shall not
exceed $3,000,000,000, subject | ||||||
| 11 | to the following limitations: (i) up to $300,000,000 may be | ||||||
| 12 | issued to
finance projects, as described in clause (C) of | ||||||
| 13 | subsection (b)(i) and clause (C) of subsection (b)(iv) of this | ||||||
| 14 | Section 825-65; (ii) up to $500,000,000 may be issued to
| ||||||
| 15 | finance projects, as described in clauses (D) and (E) of | ||||||
| 16 | subsection (b)(i) of this Section 825-65; (iii) up to | ||||||
| 17 | $2,000,000,000 may
be issued to finance Clean Coal Projects, as | ||||||
| 18 | described in clauses (A) and (B) of subsection (b)(i) of this | ||||||
| 19 | Section 825-65 and Coal Projects, as described in subsection | ||||||
| 20 | (b)(ii) of this Section 825-65; and (iv) up to $2,000,000,000 | ||||||
| 21 | may be issued to finance Energy Efficiency Projects, as | ||||||
| 22 | described in subsection (b)(iii) of this Section 825-65 and | ||||||
| 23 | Renewable Energy Projects, as described in clauses (A), (B), | ||||||
| 24 | and (D) of subsection (b)(iii) of this Section 825-65. An | ||||||
| 25 | application for a loan
financed from bond proceeds from a | ||||||
| 26 | borrower or its affiliates for a Clean Coal Project, a Coal | ||||||
| |||||||
| |||||||
| 1 | Project, Energy Efficiency Project, or a Renewable
Energy | ||||||
| 2 | Project may not be approved by the Authority for an amount in | ||||||
| 3 | excess
of $450,000,000 for any borrower or its affiliates. A | ||||||
| 4 | Clean Coal Project or Coal Project must be located within the | ||||||
| 5 | State. An Energy Efficiency Project may be located within the | ||||||
| 6 | State or outside the State, provided that, if the Energy | ||||||
| 7 | Efficiency Project is located outside of the State, it must be | ||||||
| 8 | owned, operated, leased, or managed by an entity located within | ||||||
| 9 | the State or any entity affiliated with an entity located | ||||||
| 10 | within the State. These bonds shall not
constitute an | ||||||
| 11 | indebtedness or obligation of the State of Illinois and it | ||||||
| 12 | shall
be plainly stated on the face of each bond that it does | ||||||
| 13 | not constitute an
indebtedness or obligation of the State of | ||||||
| 14 | Illinois, but is payable solely from
the revenues, income or | ||||||
| 15 | other assets of the Authority pledged therefor. | ||||||
| 16 | (f) The bonding authority granted under this Section is in | ||||||
| 17 | addition to and not limited by the provisions of Section 845-5. | ||||||
| 18 | (Source: P.A. 98-90, eff. 7-15-13; revised 9-8-16.)
| ||||||
| 19 | (20 ILCS 3501/Art. 835 heading) | ||||||
| 20 | ARTICLE 835 . | ||||||
| 21 | VETERANS ASSISTANCE
| ||||||
| 22 | (Source: P.A. 99-509, eff. 6-24-16; revised 10-26-16.)
| ||||||
| 23 | Section 165. The Alton Lake Heritage Parkway Corridor Law | ||||||
| 24 | is amended by changing Section 1005 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 3905/1005) (from Ch. 105, par. 905)
| ||||||
| 2 | Sec. 1005. Advisory Commission. The State of Illinois, in | ||||||
| 3 | carrying
forward its duties to preserve or enhance the quality | ||||||
| 4 | of this Parkway
Corridor, shall
establish the Alton Lake | ||||||
| 5 | Heritage Parkway Advisory Commission.
Beginning on January 1, | ||||||
| 6 | 1994 (the effective date of Public Act 88-274) this amendatory | ||||||
| 7 | Act of 1993, the
Commission shall be known as, and its name | ||||||
| 8 | shall be changed to, the Alton Lake
Heritage Parkway Corridor | ||||||
| 9 | Advisory Commission.
| ||||||
| 10 | The Commission shall consist of 10 members, one each from | ||||||
| 11 | Alton and
Godfrey Townships in Madison County, one each from | ||||||
| 12 | Quarry and Elsah
Townships in Jersey County, one each from the | ||||||
| 13 | cities of Alton, Elsah,
and Grafton, one from the Village of | ||||||
| 14 | Godfrey, and one each from Madison
and Jersey Counties. The | ||||||
| 15 | Supervisor of each Township, the Mayor of each
municipality, | ||||||
| 16 | and the County Board Chairman of each county shall appoint the
| ||||||
| 17 | members from their respective township, municipality, or | ||||||
| 18 | county. The
Mississippi River Parkway Advisory Council shall | ||||||
| 19 | serve as a technical advisory
body to the Commission.
| ||||||
| 20 | The Commission will develop a land management plan that it | ||||||
| 21 | will recommend
to the General Assembly by November 1, 1992.
| ||||||
| 22 | The plan shall be subject to a public informational meeting | ||||||
| 23 | prior to it
being sent to the General Assembly. Thereafter the | ||||||
| 24 | Commission is authorized
to facilitate, coordinate, make | ||||||
| 25 | recommendations for implementing, and assist in
implementing | ||||||
| |||||||
| |||||||
| 1 | the land management plan in the parkway corridor and its | ||||||
| 2 | viewshed,
conservation, and open land-agricultural cores.
| ||||||
| 3 | The Commission may raise, accept, and expend funds from | ||||||
| 4 | public and
private sources
for the purpose of developing, | ||||||
| 5 | facilitating and coordinating and making
recommendations for | ||||||
| 6 | the implementation of, and assisting in the implementation
of, | ||||||
| 7 | the land management plan in the parkway corridor.
| ||||||
| 8 | Using funds that it receives as authorized by this Section, | ||||||
| 9 | the Commission
may select and contract with a multidiscipline | ||||||
| 10 | design consultant to assist the
Commission in the design and | ||||||
| 11 | development of the parkway corridor.
| ||||||
| 12 | The Commission is authorized to cooperate with | ||||||
| 13 | not-for-profit corporations
empowered to establish trusts to | ||||||
| 14 | acquire and hold title to scenic easements and
other interests | ||||||
| 15 | in land for the purposes of this Article and implementation of
| ||||||
| 16 | the
land management plan in the parkway corridor.
| ||||||
| 17 | (Source: P.A. 87-215; 87-867; 87-964; 88-45; 88-274; revised | ||||||
| 18 | 9-19-16.)
| ||||||
| 19 | Section 170. The Illinois Health Facilities Planning Act is | ||||||
| 20 | amended by changing Section 8.5 as follows:
| ||||||
| 21 | (20 ILCS 3960/8.5) | ||||||
| 22 | (Section scheduled to be repealed on December 31, 2019) | ||||||
| 23 | Sec. 8.5. Certificate of exemption for change of ownership | ||||||
| 24 | of a health care facility; discontinuation of a health care | ||||||
| |||||||
| |||||||
| 1 | facility or category of service; public notice and public | ||||||
| 2 | hearing. | ||||||
| 3 | (a) Upon a finding that an application for a change of | ||||||
| 4 | ownership is complete, the State Board shall publish a legal | ||||||
| 5 | notice on one day in a newspaper of general circulation in the | ||||||
| 6 | area or community to be affected and afford the public an | ||||||
| 7 | opportunity to request a hearing. If the application is for a | ||||||
| 8 | facility located in a Metropolitan Statistical Area, an | ||||||
| 9 | additional legal notice shall be published in a newspaper of | ||||||
| 10 | limited circulation, if one exists, in the area in which the | ||||||
| 11 | facility is located. If the newspaper of limited circulation is | ||||||
| 12 | published on a daily basis, the additional legal notice shall | ||||||
| 13 | be published on one day. The applicant shall pay the cost | ||||||
| 14 | incurred by the Board in publishing the change of ownership | ||||||
| 15 | notice in newspapers as required under this subsection. The | ||||||
| 16 | legal notice shall also be posted on the Health Facilities and | ||||||
| 17 | Services Review Board's web site and sent to the State | ||||||
| 18 | Representative and State Senator of the district in which the | ||||||
| 19 | health care facility is located. An application for change of | ||||||
| 20 | ownership of a hospital shall not be deemed complete without a | ||||||
| 21 | signed certification that for a period of 2 years after the | ||||||
| 22 | change of ownership transaction is effective, the hospital will | ||||||
| 23 | not adopt a charity care policy that is
more restrictive than | ||||||
| 24 | the policy in effect during the year prior to the transaction. | ||||||
| 25 | An application for a change of ownership need not contain | ||||||
| 26 | signed transaction documents so long as it includes the | ||||||
| |||||||
| |||||||
| 1 | following key terms of the transaction: names and background of | ||||||
| 2 | the parties; structure of the transaction; the person who will | ||||||
| 3 | be the licensed or certified entity after the transaction; the | ||||||
| 4 | ownership or membership interests in such licensed or certified | ||||||
| 5 | entity both prior to and after the transaction; fair market | ||||||
| 6 | value of assets to be transferred; and the purchase price or | ||||||
| 7 | other form of consideration to be provided for those assets. | ||||||
| 8 | The issuance of the certificate of exemption shall be | ||||||
| 9 | contingent upon the applicant submitting a statement to the | ||||||
| 10 | Board within 90 days after the closing date of the transaction, | ||||||
| 11 | or such longer period as provided by the Board, certifying that | ||||||
| 12 | the change of ownership has been completed in accordance with | ||||||
| 13 | the key terms contained in the application. If such key terms | ||||||
| 14 | of the transaction change, a new application shall be required. | ||||||
| 15 | Where a change of ownership is among related persons, and | ||||||
| 16 | there are no other changes being proposed at the health care | ||||||
| 17 | facility that would otherwise require a permit or exemption | ||||||
| 18 | under this Act, the applicant shall submit an application | ||||||
| 19 | consisting of a standard notice in a form set forth by the | ||||||
| 20 | Board briefly explaining the reasons for the proposed change of | ||||||
| 21 | ownership. Once such an application is submitted to the Board | ||||||
| 22 | and reviewed by the Board staff, the Board Chair shall take | ||||||
| 23 | action on an application for an exemption for a change of | ||||||
| 24 | ownership among related persons within 45 days after the | ||||||
| 25 | application has been deemed complete, provided the application | ||||||
| 26 | meets the applicable standards under this Section. If the Board | ||||||
| |||||||
| |||||||
| 1 | Chair has a conflict of interest or for other good cause, the | ||||||
| 2 | Chair may request review by the Board. Notwithstanding any | ||||||
| 3 | other provision of this Act, for purposes of this Section, a | ||||||
| 4 | change of ownership among related persons means a transaction | ||||||
| 5 | where the parties to the transaction are under common control | ||||||
| 6 | or ownership before and after the transaction is completed. | ||||||
| 7 | Nothing in this Act shall be construed as authorizing the | ||||||
| 8 | Board to impose any conditions, obligations, or limitations, | ||||||
| 9 | other than those required by this Section, with respect to the | ||||||
| 10 | issuance of an exemption for a change of ownership, including, | ||||||
| 11 | but not limited to, the time period before which a subsequent | ||||||
| 12 | change of ownership of the health care facility could be | ||||||
| 13 | sought, or the commitment to continue to offer for a specified | ||||||
| 14 | time period any services currently offered by the health care | ||||||
| 15 | facility. | ||||||
| 16 | (a-3) Upon a finding that an application to close a health | ||||||
| 17 | care facility is complete, the State Board shall publish a | ||||||
| 18 | legal notice on 3 consecutive days in a newspaper of general | ||||||
| 19 | circulation in the area or community to be affected and afford | ||||||
| 20 | the public an opportunity to request a hearing. If the | ||||||
| 21 | application is for a facility located in a Metropolitan | ||||||
| 22 | Statistical Area, an additional legal notice shall be published | ||||||
| 23 | in a newspaper of limited circulation, if one exists, in the | ||||||
| 24 | area in which the facility is located. If the newspaper of | ||||||
| 25 | limited circulation is published on a daily basis, the | ||||||
| 26 | additional legal notice shall be published on 3 consecutive | ||||||
| |||||||
| |||||||
| 1 | days. The legal notice shall also be posted on the Health | ||||||
| 2 | Facilities and Services Review Board's web site and sent to the | ||||||
| 3 | State Representative and State Senator of the district in which | ||||||
| 4 | the health care facility is located. In addition, the health | ||||||
| 5 | care facility shall provide notice of closure to the local | ||||||
| 6 | media that the health care facility would routinely notify | ||||||
| 7 | about facility events. No later than 90 days after a | ||||||
| 8 | discontinuation of a health facility, the applicant must submit | ||||||
| 9 | a statement to the State Board certifying that the | ||||||
| 10 | discontinuation is complete. | ||||||
| 11 | (a-5) Upon a finding that an application to discontinue a | ||||||
| 12 | category of service is complete and provides the requested | ||||||
| 13 | information, as specified by the State Board, an exemption | ||||||
| 14 | shall be issued. No later than 30 days after the issuance of | ||||||
| 15 | the exemption, the health care facility must give written | ||||||
| 16 | notice of the discontinuation of the category of service to the | ||||||
| 17 | State Senator and State Representative serving the legislative | ||||||
| 18 | district in which the health care facility is located. No later | ||||||
| 19 | than 90 days after a discontinuation of a category of service, | ||||||
| 20 | the applicant must submit a statement to the State Board | ||||||
| 21 | certifying that the discontinuation is complete. | ||||||
| 22 | (b) If a public hearing is requested, it shall be held at | ||||||
| 23 | least 15 days but no more than 30 days after the date of | ||||||
| 24 | publication of the legal notice in the community in which the | ||||||
| 25 | facility is located. The hearing shall be held in the affected | ||||||
| 26 | area or community in a place of reasonable size and | ||||||
| |||||||
| |||||||
| 1 | accessibility and a full and complete written transcript of the | ||||||
| 2 | proceedings shall be made. All interested persons attending the | ||||||
| 3 | hearing shall be given a reasonable opportunity to present | ||||||
| 4 | their positions in writing or orally. The applicant shall | ||||||
| 5 | provide a summary of the proposal for distribution at the | ||||||
| 6 | public hearing.
| ||||||
| 7 | (c) For the purposes of this Section "newspaper of limited | ||||||
| 8 | circulation" means a newspaper intended to serve a particular | ||||||
| 9 | or defined population of a specific geographic area within a | ||||||
| 10 | Metropolitan Statistical Area such as a municipality, town, | ||||||
| 11 | village, township, or community area, but does not include | ||||||
| 12 | publications of professional and trade associations. | ||||||
| 13 | (Source: P.A. 98-1086, eff. 8-26-14; 99-154, eff. 7-28-15; | ||||||
| 14 | 99-527, eff. 1-1-17; 99-551, eff. 7-15-16; revised 9-13-16.)
| ||||||
| 15 | Section 175. The Illinois Latino Family Commission Act is | ||||||
| 16 | amended by changing Section 5 as follows:
| ||||||
| 17 | (20 ILCS 3983/5)
| ||||||
| 18 | Sec. 5. Legislative findings Findings. It is the policy of | ||||||
| 19 | this State to promote family preservation and to strengthen | ||||||
| 20 | families. | ||||||
| 21 | Latinos are well represented among the families of | ||||||
| 22 | Illinois. The Illinois Latino population is the fifth largest | ||||||
| 23 | in the nation. Over 14% of the estimated 12,000,000 people that | ||||||
| 24 | live in Illinois are Latinos. According to the 2000 Census | ||||||
| |||||||
| |||||||
| 1 | figures, more than 1,750,000 Latinos make Illinois their home. | ||||||
| 2 | This figure represents a 69.2% increase from the 1990 Census | ||||||
| 3 | figures compared to about 3.5% for non-Latinos. The Latino | ||||||
| 4 | population explosion accounted for two-thirds of the total | ||||||
| 5 | population change in Illinois and it is visible throughout the | ||||||
| 6 | State. | ||||||
| 7 | In Cook County alone, the Latino population has increased | ||||||
| 8 | to about 1,071,740. In the 6 county region including Cook | ||||||
| 9 | County, nearly 69% of new residents were Hispanic. Roughly | ||||||
| 10 | 23.7% of Kane County residents are Latino. In Lake County, | ||||||
| 11 | Latinos make up 14.4% of the total county population. | ||||||
| 12 | Latinos are not only the fastest growing ethnic group in | ||||||
| 13 | the State, they are also the youngest. The median age for | ||||||
| 14 | Latinos in Illinois is 25, compared to 36 for non-Latinos. | ||||||
| 15 | Despite unprecedented population growth, Latinos lag behind in | ||||||
| 16 | major indicators of well-being relative to education, health, | ||||||
| 17 | employment, and child welfare, as well as representation | ||||||
| 18 | throughout the State. Moreover, Latino children and families | ||||||
| 19 | present unique linguistic, cultural, and immigration issues | ||||||
| 20 | for the State. | ||||||
| 21 | Latinos have a well-established presence in the child | ||||||
| 22 | welfare system. Of the total 86,973 children that were reported | ||||||
| 23 | abused or neglected in Fiscal Year 2001, about 8,442 or 9.7% | ||||||
| 24 | were Hispanic children. About 25% of these hotline reports were | ||||||
| 25 | indicated, for a total of 2,155 Latino children in Fiscal Year | ||||||
| 26 | 2001. As of August 2003, there were about 1,367 open Latino | ||||||
| |||||||
| |||||||
| 1 | child abuse cases in Illinois. This figure is only slightly | ||||||
| 2 | lower than the 1,491 open Latino child cases reported for the | ||||||
| 3 | previous fiscal year. Hispanic cases make up about 6% of all | ||||||
| 4 | open child cases (excluding adoption assistance and home of | ||||||
| 5 | parent living arrangement). Latino families receiving services | ||||||
| 6 | make up about 16% of all intact family cases. It is estimated | ||||||
| 7 | that between 60% and 80% of all Latino families involved with | ||||||
| 8 | the Illinois Department of Children Child and Family Services | ||||||
| 9 | (IDCFS) will need bilingual services at some point during the | ||||||
| 10 | time their case is open. However, IDCFS struggles to meet the | ||||||
| 11 | demand for bilingual services. There are similar examples | ||||||
| 12 | throughout the State demonstrating that Illinois lacks a | ||||||
| 13 | unified and comprehensive strategy for addressing the unique | ||||||
| 14 | needs of Latino families. | ||||||
| 15 | Latino families remain outside of the margins of | ||||||
| 16 | opportunities in the State. There are tremendous challenges | ||||||
| 17 | faced by Latino families and children in the State. Clearly, | ||||||
| 18 | the growing Latino presence demands that government, child and | ||||||
| 19 | family advocates, and other key stakeholders come together to | ||||||
| 20 | identify and implement policy strategies that can create an | ||||||
| 21 | infrastructure of support for Latino families in the State. | ||||||
| 22 | Building this needed infrastructure of policies must involve | ||||||
| 23 | multiple State agencies. The Illinois Latino Family Commission | ||||||
| 24 | shall lead the effort, advising the Governor and assisting | ||||||
| 25 | State agencies with this task.
| ||||||
| 26 | (Source: P.A. 95-619, eff. 9-14-07; revised 9-16-16.)
| ||||||
| |||||||
| |||||||
| 1 | Section 180. The Fair
Practices in Contracting Task Force | ||||||
| 2 | Act is amended by changing Section 5 as follows:
| ||||||
| 3 | (20 ILCS 5080/5)
| ||||||
| 4 | (Section scheduled to be repealed on January 2, 2019) | ||||||
| 5 | Sec. 5. Purpose and members.
| ||||||
| 6 | (a) There is created the Fair Practices in Contracting Task
| ||||||
| 7 | Force to: | ||||||
| 8 | (1) thoroughly survey African-American-owned business
| ||||||
| 9 | participation in State procurement; | ||||||
| 10 | (2) study African-American-owned subcontractors' | ||||||
| 11 | ability to be paid in a timely manner and the communication | ||||||
| 12 | processes between subcontractors and prime contractors and | ||||||
| 13 | the State; | ||||||
| 14 | (3) research solutions and methods to address the
| ||||||
| 15 | disparity in procurement awards; and | ||||||
| 16 | (4) produce a final report summarizing the Task Force's
| ||||||
| 17 | findings and detailing recommended statutory or
| ||||||
| 18 | constitutional strategies to recognize best practices. | ||||||
| 19 | (b) The Task Force shall consist of the following members: | ||||||
| 20 | (1) One member of the House of Representatives, | ||||||
| 21 | appointed by the Speaker of the
House of Representatives; | ||||||
| 22 | (2) One member of the House of Representatives, | ||||||
| 23 | appointed by the Minority Leader of the House of | ||||||
| 24 | Representatives; | ||||||
| |||||||
| |||||||
| 1 | (3) One member of the Senate, appointed by the | ||||||
| 2 | President of the Senate; | ||||||
| 3 | (4) One member of the Senate, appointed by the Minority | ||||||
| 4 | Leader of the Senate; | ||||||
| 5 | (5) Four members appointed by the Governor, 3 of whom | ||||||
| 6 | must be from the Department of Central Management Services, | ||||||
| 7 | the Department of Transportation, or the Department of | ||||||
| 8 | Healthcare Health and Family Services, and one of whom must | ||||||
| 9 | be a member of the Illinois African-American Family | ||||||
| 10 | Commission; and | ||||||
| 11 | (6) Four members of the public, representing | ||||||
| 12 | minority-owned businesses, appointed by the Governor. | ||||||
| 13 | (c) Members shall serve without compensation.
| ||||||
| 14 | (Source: P.A. 99-451, eff. 6-1-16; revised 9-12-16.)
| ||||||
| 15 | Section 185. The Judicial Note Act is amended by changing | ||||||
| 16 | Section 2 as follows:
| ||||||
| 17 | (25 ILCS 60/2) (from Ch. 63, par. 42.62)
| ||||||
| 18 | Sec. 2.
The sponsor of each bill referred to in Section 1, | ||||||
| 19 | shall present
a copy of the bill, with his requirements for a | ||||||
| 20 | judicial note, to the
Supreme Court. The judicial note shall be | ||||||
| 21 | prepared by the Supreme Court and
furnished to the sponsor of | ||||||
| 22 | the bill within 5 calendar days thereafter;
except that | ||||||
| 23 | whenever, because of the complexity of the measure, additional
| ||||||
| 24 | time is required for the preparation of the judicial note the | ||||||
| |||||||
| |||||||
| 1 | Supreme Court
may so inform the sponsor of the bill and he may | ||||||
| 2 | approve an extension of
the time within which the note should | ||||||
| 3 | be furnished, not to extend, however,
beyond June 15 the odd | ||||||
| 4 | numbered year following the date of request.
Whenever any | ||||||
| 5 | measure by which a judicial note is requested affects effects | ||||||
| 6 | more
than one county, circuit, or judicial district, such | ||||||
| 7 | effect must be set
forth in the judicial note.
| ||||||
| 8 | (Source: P.A. 84-1395; revised 9-6-16.)
| ||||||
| 9 | Section 190. The Housing Affordability Impact Note Act is | ||||||
| 10 | amended by changing Section 10 as follows:
| ||||||
| 11 | (25 ILCS 82/10)
| ||||||
| 12 | Sec. 10. Preparation. The sponsor of each bill, or the | ||||||
| 13 | agency proposing a
rule, to which Section Sec. 5 applies, shall | ||||||
| 14 | present a copy of the bill or proposed
rule, with the request | ||||||
| 15 | for a housing affordability impact note, to the Illinois
| ||||||
| 16 | Housing Development Authority. The housing affordability | ||||||
| 17 | impact note shall be
prepared by the Illinois Housing | ||||||
| 18 | Development Authority and submitted to the
sponsor of the bill | ||||||
| 19 | or the agency within 5 calendar days, except that whenever,
| ||||||
| 20 | because of the complexity of the measure, additional time is | ||||||
| 21 | required for the
preparation of the housing affordability | ||||||
| 22 | impact note, the Illinois Housing
Development Authority may | ||||||
| 23 | inform the sponsor of the bill or the agency, and the
sponsor | ||||||
| 24 | or agency may approve an extension of the time within which the | ||||||
| |||||||
| |||||||
| 1 | note is
to be submitted, not to extend, however, beyond June | ||||||
| 2 | 15, following the date of
the request. The Illinois Housing | ||||||
| 3 | Development Authority may
seek assistance from a Statewide | ||||||
| 4 | trade organization representing the real
estate or home | ||||||
| 5 | building industry in the preparation of a housing
affordability | ||||||
| 6 | impact note. If, in the opinion of the Illinois Housing
| ||||||
| 7 | Development Authority, there is insufficient information to | ||||||
| 8 | prepare a
reliable estimate of the anticipated impact, a | ||||||
| 9 | statement to that effect can
be filed and shall meet the | ||||||
| 10 | requirements of this Act.
| ||||||
| 11 | (Source: P.A. 87-1149; 88-61; revised 9-7-16.)
| ||||||
| 12 | Section 195. The State Finance Act is amended by setting | ||||||
| 13 | forth and renumbering multiple versions of Sections 5.595 and | ||||||
| 14 | 5.875 and by changing Sections 6z-9 and 8g as follows:
| ||||||
| 15 | (30 ILCS 105/5.595)
| ||||||
| 16 | Sec. 5.595. (Repealed). | ||||||
| 17 | (Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 99-576, | ||||||
| 18 | eff. 7-15-16.)
| ||||||
| 19 | (30 ILCS 105/5.595a)
| ||||||
| 20 | Sec. 5.595a 5.595. The Local Legacy Fund. | ||||||
| 21 | (Source: P.A. 93-328, eff. 1-1-04; revised 10-4-16.)
| ||||||
| 22 | (30 ILCS 105/5.874) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5.874 5.875. The Child Bereavement Fund. | ||||||
| 2 | (Source: P.A. 99-703, eff. 7-29-16; revised 10-4-16.)
| ||||||
| 3 | (30 ILCS 105/5.875) | ||||||
| 4 | Sec. 5.875. The Roadside Monarch Habitat Fund. | ||||||
| 5 | (Source: P.A. 99-723, eff. 8-5-16.)
| ||||||
| 6 | (30 ILCS 105/5.876) | ||||||
| 7 | Sec. 5.876 5.875. The State Military Justice Fund. | ||||||
| 8 | (Source: P.A. 99-796, eff. 1-1-17; revised 10-4-16.)
| ||||||
| 9 | (30 ILCS 105/6z-9) (from Ch. 127, par. 142z-9)
| ||||||
| 10 | Sec. 6z-9. (a) The Build Illinois Fund is created in the | ||||||
| 11 | State Treasury. All tax revenues and other moneys from whatever | ||||||
| 12 | source which by law are
required to be deposited in the Build | ||||||
| 13 | Illinois Fund shall be paid into the
Build Illinois Fund upon | ||||||
| 14 | their collection, payment or other receipt as
provided by law, | ||||||
| 15 | including the pledge set forth in Section 12 of the Build
| ||||||
| 16 | Illinois Bond Act. All tax revenues and other moneys paid into | ||||||
| 17 | the Build
Illinois Fund shall be promptly invested by the State | ||||||
| 18 | Treasurer in
accordance with law, and all interest or other | ||||||
| 19 | earnings accruing or
received thereon shall be credited to and | ||||||
| 20 | paid into the Build Illinois
Fund. No tax revenues or other | ||||||
| 21 | moneys, interest or earnings paid into the
Build Illinois Fund | ||||||
| 22 | shall be transferred or allocated by the Comptroller or
| ||||||
| 23 | Treasurer to any other fund, nor shall the Governor authorize | ||||||
| |||||||
| |||||||
| 1 | any such
transfer or allocation, nor shall any tax revenues or | ||||||
| 2 | other moneys,
interest or earnings paid into the Build Illinois | ||||||
| 3 | Fund be used, temporarily
or otherwise, for interfund | ||||||
| 4 | borrowing, or be otherwise used or appropriated,
except as | ||||||
| 5 | expressly authorized and provided in Section 8.25 of this Act
| ||||||
| 6 | for the sole purposes and subject to the priorities, | ||||||
| 7 | limitations and conditions
prescribed therein.
| ||||||
| 8 | (b) The tax revenues and other moneys shall be paid into | ||||||
| 9 | the Build Illinois
Fund pursuant to Section 6z-17 of this Act, | ||||||
| 10 | Section 28 of the "Illinois
Horse Racing Act of 1975", as
| ||||||
| 11 | amended, Section 9 of the "Use Tax Act", as amended, Section 9 | ||||||
| 12 | of the
"Service Use Tax Act", as amended, Section 9 of the | ||||||
| 13 | "Service Occupation Tax
Act", as amended, Section 3 of the | ||||||
| 14 | "Retailers' Occupation Tax Act", as
amended, Section 4.05 of | ||||||
| 15 | the "Chicago World's Fair - 1992
Authority Act", as amended, | ||||||
| 16 | and Sections 3 and 6 of the "The Hotel Operators'
Occupation | ||||||
| 17 | Tax Act", as amended.
| ||||||
| 18 | (Source: P.A. 91-51, eff. 6-30-99; revised 9-8-16.)
| ||||||
| 19 | (30 ILCS 105/8g) | ||||||
| 20 | Sec. 8g. Fund transfers. | ||||||
| 21 | (a) In addition to any other transfers that may be provided | ||||||
| 22 | for by law, as
soon as may be practical after June 9, 1999 (the | ||||||
| 23 | effective date of Public Act 91-25) this amendatory Act of
the | ||||||
| 24 | 91st General Assembly, the State Comptroller shall direct and | ||||||
| 25 | the State
Treasurer shall transfer the sum of $10,000,000 from | ||||||
| |||||||
| |||||||
| 1 | the General Revenue Fund
to the Motor Vehicle License Plate | ||||||
| 2 | Fund created by Public Act 91-37 Senate Bill 1028 of the 91st
| ||||||
| 3 | General Assembly. | ||||||
| 4 | (b) In addition to any other transfers that may be provided | ||||||
| 5 | for by law, as
soon as may be practical after June 9, 1999 (the | ||||||
| 6 | effective date of Public Act 91-25) this amendatory Act of
the | ||||||
| 7 | 91st General Assembly, the State Comptroller shall direct and | ||||||
| 8 | the State
Treasurer shall transfer the sum of $25,000,000 from | ||||||
| 9 | the General Revenue Fund
to the Fund for Illinois' Future | ||||||
| 10 | created by Public Act 91-38 Senate Bill 1066 of the 91st
| ||||||
| 11 | General Assembly. | ||||||
| 12 | (c) In addition to any other transfers that may be provided | ||||||
| 13 | for by law,
on August 30 of each fiscal year's license period, | ||||||
| 14 | the Illinois Liquor Control
Commission shall direct and the | ||||||
| 15 | State Comptroller and State Treasurer shall
transfer from the | ||||||
| 16 | General Revenue Fund to the Youth Alcoholism and Substance
| ||||||
| 17 | Abuse Prevention Fund an amount equal to the number of retail | ||||||
| 18 | liquor licenses
issued for that fiscal year multiplied by $50. | ||||||
| 19 | (d) The payments to programs required under subsection (d) | ||||||
| 20 | of Section 28.1
of the Illinois Horse Racing Act of 1975 shall | ||||||
| 21 | be made, pursuant to appropriation, from
the special funds | ||||||
| 22 | referred to in the statutes cited in that subsection, rather
| ||||||
| 23 | than directly from the General Revenue Fund. | ||||||
| 24 | Beginning January 1, 2000, on the first day of each month, | ||||||
| 25 | or as soon
as may be practical thereafter, the State | ||||||
| 26 | Comptroller shall direct and the
State Treasurer shall transfer | ||||||
| |||||||
| |||||||
| 1 | from the General Revenue Fund to each of the
special funds from | ||||||
| 2 | which payments are to be made under Section 28.1(d) of the
| ||||||
| 3 | Illinois Horse Racing Act of 1975 an amount equal to 1/12 of | ||||||
| 4 | the annual amount required
for those payments from that special | ||||||
| 5 | fund, which annual amount shall not exceed
the annual amount | ||||||
| 6 | for those payments from that special fund for the calendar
year | ||||||
| 7 | 1998. The special funds to which transfers shall be made under | ||||||
| 8 | this
subsection (d) include, but are not necessarily limited | ||||||
| 9 | to, the Agricultural
Premium Fund; the Metropolitan | ||||||
| 10 | Exposition, Auditorium and Office Building Fund;
the Fair and | ||||||
| 11 | Exposition Fund; the Illinois Standardbred Breeders Fund; the | ||||||
| 12 | Illinois Thoroughbred
Breeders Fund; and the Illinois | ||||||
| 13 | Veterans' Rehabilitation Fund. | ||||||
| 14 | (e) In addition to any other transfers that may be provided | ||||||
| 15 | for by law,
as soon as may be practical after May 17, 2000 (the | ||||||
| 16 | effective date of Public Act 91-704) this amendatory Act of
the | ||||||
| 17 | 91st General Assembly, but in no event later than June 30, | ||||||
| 18 | 2000, the State
Comptroller shall direct and the State | ||||||
| 19 | Treasurer shall transfer the sum of
$15,000,000 from the | ||||||
| 20 | General Revenue Fund to the Fund for Illinois' Future. | ||||||
| 21 | (f) In addition to any other transfers that may be provided | ||||||
| 22 | for by law,
as soon as may be practical after May 17, 2000 (the | ||||||
| 23 | effective date of Public Act 91-704) this amendatory Act of
the | ||||||
| 24 | 91st General Assembly, but in no event later than June 30, | ||||||
| 25 | 2000, the State
Comptroller shall direct and the State | ||||||
| 26 | Treasurer shall transfer the sum of
$70,000,000 from the | ||||||
| |||||||
| |||||||
| 1 | General Revenue Fund to the Long-Term Care Provider
Fund. | ||||||
| 2 | (f-1) In fiscal year 2002, in addition to any other | ||||||
| 3 | transfers that may
be provided for by law, at the direction of | ||||||
| 4 | and upon notification from the
Governor, the State Comptroller | ||||||
| 5 | shall direct and the State Treasurer shall
transfer amounts not | ||||||
| 6 | exceeding a total of $160,000,000 from the General
Revenue Fund | ||||||
| 7 | to the Long-Term Care Provider Fund. | ||||||
| 8 | (g) In addition to any other transfers that may be provided | ||||||
| 9 | for by law,
on July 1, 2001, or as soon thereafter as may be | ||||||
| 10 | practical, the State
Comptroller shall direct and the State | ||||||
| 11 | Treasurer shall transfer the sum of
$1,200,000 from the General | ||||||
| 12 | Revenue Fund to the Violence Prevention Fund. | ||||||
| 13 | (h) In each of fiscal years 2002 through 2004, but not
| ||||||
| 14 | thereafter, in
addition to any other transfers that may be | ||||||
| 15 | provided for by law, the State
Comptroller shall direct and the | ||||||
| 16 | State Treasurer shall transfer $5,000,000
from the General | ||||||
| 17 | Revenue Fund to the Tourism Promotion Fund. | ||||||
| 18 | (i) On or after July 1, 2001 and until May 1, 2002, in | ||||||
| 19 | addition to any
other transfers that may be provided for by | ||||||
| 20 | law, at the direction of and upon
notification from the | ||||||
| 21 | Governor, the State Comptroller shall direct and the
State | ||||||
| 22 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 23 | $80,000,000
from the General Revenue Fund to the Tobacco | ||||||
| 24 | Settlement Recovery Fund.
Any amounts so transferred shall be | ||||||
| 25 | re-transferred by the State Comptroller
and the State Treasurer | ||||||
| 26 | from the Tobacco Settlement Recovery Fund to the
General | ||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| 1 | Revenue Fund at the direction of and upon notification from the
| |||||||||||||||||||||||||||||
| 2 | Governor, but in any event on or before June 30, 2002. | |||||||||||||||||||||||||||||
| 3 | (i-1) On or after July 1, 2002 and until May 1, 2003, in | |||||||||||||||||||||||||||||
| 4 | addition to any
other transfers that may be provided for by | |||||||||||||||||||||||||||||
| 5 | law, at the direction of and upon
notification from the | |||||||||||||||||||||||||||||
| 6 | Governor, the State Comptroller shall direct and the
State | |||||||||||||||||||||||||||||
| 7 | Treasurer shall transfer amounts not exceeding a total of | |||||||||||||||||||||||||||||
| 8 | $80,000,000
from the General Revenue Fund to the Tobacco | |||||||||||||||||||||||||||||
| 9 | Settlement Recovery Fund.
Any amounts so transferred shall be | |||||||||||||||||||||||||||||
| 10 | re-transferred by the State Comptroller
and the State Treasurer | |||||||||||||||||||||||||||||
| 11 | from the Tobacco Settlement Recovery Fund to the
General | |||||||||||||||||||||||||||||
| 12 | Revenue Fund at the direction of and upon notification from the
| |||||||||||||||||||||||||||||
| 13 | Governor, but in any event on or before June 30, 2003. | |||||||||||||||||||||||||||||
| 14 | (j) On or after July 1, 2001 and no later than June 30, | |||||||||||||||||||||||||||||
| 15 | 2002, in addition to
any other transfers that may be provided | |||||||||||||||||||||||||||||
| 16 | for by law, at the direction of and
upon notification from the | |||||||||||||||||||||||||||||
| 17 | Governor, the State Comptroller shall direct and the
State | |||||||||||||||||||||||||||||
| 18 | Treasurer shall transfer amounts not to exceed the following | |||||||||||||||||||||||||||||
| 19 | sums into
the Statistical Services Revolving Fund: | |||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 15 | (k) In addition to any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 16 | for by law,
as soon as may be practical after December 20, 2001 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 17 | (the effective date of Public Act 92-505) this amendatory Act | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 18 | of
the 92nd General Assembly, the State Comptroller shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 19 | direct and the State
Treasurer shall transfer the sum of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 20 | $2,000,000 from the General Revenue Fund
to the Teachers Health | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 21 | Insurance Security Fund. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 22 | (k-1) In addition to any other transfers that may be | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 23 | provided for by
law, on July 1, 2002, or as soon as may be | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 24 | practical thereafter, the State
Comptroller shall direct and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 25 | the State Treasurer shall transfer the sum of
$2,000,000 from | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 26 | the General Revenue Fund to the Teachers Health Insurance
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | Security Fund. | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | (k-2) In addition to any other transfers that may be | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | provided for by
law, on July 1, 2003, or as soon as may be | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | practical thereafter, the State
Comptroller shall direct and | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | the State Treasurer shall transfer the sum of
$2,000,000 from | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | the General Revenue Fund to the Teachers Health Insurance
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | Security Fund. | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | (k-3) On or after July 1, 2002 and no later than June 30, | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | 2003, in
addition to any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 10 | for by law, at the
direction of and upon notification from the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 11 | Governor, the State Comptroller
shall direct and the State | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12 | Treasurer shall transfer amounts not to exceed the
following | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 13 | sums into the Statistical Services Revolving Fund: | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | (l) In addition to any other transfers that may be provided | ||||||
| 2 | for by law, on
July 1, 2002, or as soon as may be practical | ||||||
| 3 | thereafter, the State Comptroller
shall direct and the State | ||||||
| 4 | Treasurer shall transfer the sum of $3,000,000 from
the General | ||||||
| 5 | Revenue Fund to the Presidential Library and Museum Operating
| ||||||
| 6 | Fund. | ||||||
| 7 | (m) In addition to any other transfers that may be provided | ||||||
| 8 | for by law, on
July 1, 2002 and on January 8, 2004 (the | ||||||
| 9 | effective date of Public Act 93-648) this amendatory Act of the | ||||||
| 10 | 93rd
General Assembly, or as soon thereafter as may be | ||||||
| 11 | practical, the State Comptroller
shall direct and the State | ||||||
| 12 | Treasurer shall transfer the sum of $1,200,000 from
the General | ||||||
| 13 | Revenue Fund to the Violence Prevention Fund. | ||||||
| 14 | (n) In addition to any other transfers that may be provided | ||||||
| 15 | for by law,
on July 1,
2003, or as soon thereafter as may be | ||||||
| 16 | practical, the State Comptroller shall
direct and the
State | ||||||
| 17 | Treasurer shall transfer the sum of $6,800,000 from the General | ||||||
| 18 | Revenue
Fund to
the DHS Recoveries Trust Fund. | ||||||
| 19 | (o) On or after July 1, 2003, and no later than June 30, | ||||||
| 20 | 2004, in
addition to any
other transfers that may be provided | ||||||
| 21 | for by law, at the direction of and upon
notification
from the | ||||||
| 22 | Governor, the State Comptroller shall direct and the State | ||||||
| 23 | Treasurer
shall
transfer amounts not to exceed the following | ||||||
| 24 | sums into the Vehicle Inspection
Fund: | ||||||
| |||||||
| 26 | (p) On or after July 1, 2003 and until May 1, 2004, in | ||||||
| |||||||
| |||||||
| 1 | addition to any
other
transfers that may be provided for by | ||||||
| 2 | law, at the direction of and upon
notification from
the | ||||||
| 3 | Governor, the State Comptroller shall direct and the State | ||||||
| 4 | Treasurer shall
transfer
amounts not exceeding a total of | ||||||
| 5 | $80,000,000 from the General Revenue Fund to
the
Tobacco | ||||||
| 6 | Settlement Recovery Fund. Any amounts so transferred shall be
| ||||||
| 7 | re-transferred
from the Tobacco Settlement Recovery Fund to the | ||||||
| 8 | General Revenue Fund at the
direction of and upon notification | ||||||
| 9 | from the Governor, but in any event on or
before June
30, 2004. | ||||||
| 10 | (q) In addition to any other transfers that may be provided | ||||||
| 11 | for by law, on
July 1,
2003, or as soon as may be practical | ||||||
| 12 | thereafter, the State Comptroller shall
direct and the
State | ||||||
| 13 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
| 14 | Revenue
Fund to
the Illinois Military Family Relief Fund. | ||||||
| 15 | (r) In addition to any other transfers that may be provided | ||||||
| 16 | for by law, on
July 1,
2003, or as soon as may be practical | ||||||
| 17 | thereafter, the State Comptroller shall
direct and the
State | ||||||
| 18 | Treasurer shall transfer the sum of $1,922,000 from the General | ||||||
| 19 | Revenue
Fund to
the Presidential Library and Museum Operating | ||||||
| 20 | Fund. | ||||||
| 21 | (s) In addition to any other transfers that may be provided | ||||||
| 22 | for by law, on
or after
July 1, 2003, the State Comptroller | ||||||
| 23 | shall direct and the State Treasurer shall
transfer the
sum of | ||||||
| 24 | $4,800,000 from the Statewide Economic Development Fund to the | ||||||
| 25 | General
Revenue Fund. | ||||||
| 26 | (t) In addition to any other transfers that may be provided | ||||||
| |||||||
| |||||||
| 1 | for by law, on
or after
July 1, 2003, the State Comptroller | ||||||
| 2 | shall direct and the State Treasurer shall
transfer the
sum of | ||||||
| 3 | $50,000,000 from the General Revenue Fund to the Budget | ||||||
| 4 | Stabilization
Fund. | ||||||
| 5 | (u) On or after July 1, 2004 and until May 1, 2005, in | ||||||
| 6 | addition to any other transfers that may be provided for by | ||||||
| 7 | law, at the direction of and upon notification from the | ||||||
| 8 | Governor, the State Comptroller shall direct and the State | ||||||
| 9 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 10 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
| 11 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
| 12 | retransferred by the State Comptroller and the State Treasurer | ||||||
| 13 | from the Tobacco Settlement Recovery Fund to the General | ||||||
| 14 | Revenue Fund at the direction of and upon notification from the | ||||||
| 15 | Governor, but in any event on or before June 30, 2005.
| ||||||
| 16 | (v) In addition to any other transfers that may be provided | ||||||
| 17 | for by law, on July 1, 2004, or as soon thereafter as may be | ||||||
| 18 | practical, the State Comptroller shall direct and the State | ||||||
| 19 | Treasurer shall transfer the sum of $1,200,000 from the General | ||||||
| 20 | Revenue Fund to the Violence Prevention Fund. | ||||||
| 21 | (w) In addition to any other transfers that may be provided | ||||||
| 22 | for by law, on July 1, 2004, or as soon thereafter as may be | ||||||
| 23 | practical, the State Comptroller shall direct and the State | ||||||
| 24 | Treasurer shall transfer the sum of $6,445,000 from the General | ||||||
| 25 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
| 26 | Fund.
| ||||||
| |||||||
| |||||||
| 1 | (x) In addition to any other transfers that may be provided | ||||||
| 2 | for by law, on January 15, 2005, or as soon thereafter as may | ||||||
| 3 | be practical, the State Comptroller shall direct and the State | ||||||
| 4 | Treasurer shall transfer to the General Revenue Fund the | ||||||
| 5 | following sums: | ||||||
| 6 | From the State Crime Laboratory Fund, $200,000; | ||||||
| 7 | From the State Police Wireless Service Emergency Fund, | ||||||
| 8 | $200,000; | ||||||
| 9 | From the State Offender DNA Identification System | ||||||
| 10 | Fund, $800,000; and | ||||||
| 11 | From the State Police Whistleblower Reward and | ||||||
| 12 | Protection Fund, $500,000.
| ||||||
| 13 | (y) Notwithstanding any other provision of law to the | ||||||
| 14 | contrary, in addition to any other transfers that may be | ||||||
| 15 | provided for by law on June 30, 2005, or as soon as may be | ||||||
| 16 | practical thereafter, the State Comptroller shall direct and | ||||||
| 17 | the State Treasurer shall transfer the remaining balance from | ||||||
| 18 | the designated funds into the General Revenue Fund and any | ||||||
| 19 | future deposits that would otherwise be made into these funds | ||||||
| 20 | must instead be made into the General Revenue Fund:
| ||||||
| 21 | (1) the Keep Illinois Beautiful Fund;
| ||||||
| 22 | (2) the
Metropolitan Fair and Exposition Authority | ||||||
| 23 | Reconstruction Fund; | ||||||
| 24 | (3) the
New Technology Recovery Fund; | ||||||
| 25 | (4) the Illinois Rural Bond Bank Trust Fund; | ||||||
| 26 | (5) the ISBE School Bus Driver Permit Fund; | ||||||
| |||||||
| |||||||
| 1 | (6) the
Solid Waste Management Revolving Loan Fund; | ||||||
| 2 | (7)
the State Postsecondary Review Program Fund; | ||||||
| 3 | (8) the
Tourism Attraction Development Matching Grant | ||||||
| 4 | Fund; | ||||||
| 5 | (9) the
Patent and Copyright Fund; | ||||||
| 6 | (10) the
Credit Enhancement Development Fund; | ||||||
| 7 | (11) the
Community Mental Health and Developmental | ||||||
| 8 | Disabilities Services Provider Participation Fee Trust | ||||||
| 9 | Fund; | ||||||
| 10 | (12) the
Nursing Home Grant Assistance Fund; | ||||||
| 11 | (13) the
By-product Material Safety Fund; | ||||||
| 12 | (14) the
Illinois Student Assistance Commission Higher | ||||||
| 13 | EdNet Fund; | ||||||
| 14 | (15) the
DORS State Project Fund; | ||||||
| 15 | (16) the School Technology Revolving Fund; | ||||||
| 16 | (17) the
Energy Assistance Contribution Fund; | ||||||
| 17 | (18) the
Illinois Building Commission Revolving Fund; | ||||||
| 18 | (19) the
Illinois Aquaculture Development Fund; | ||||||
| 19 | (20) the
Homelessness Prevention Fund; | ||||||
| 20 | (21) the
DCFS Refugee Assistance Fund; | ||||||
| 21 | (22) the
Illinois Century Network Special Purposes | ||||||
| 22 | Fund; and | ||||||
| 23 | (23) the
Build Illinois Purposes Fund.
| ||||||
| 24 | (z) In addition to any other transfers that may be provided | ||||||
| 25 | for by law, on July 1, 2005, or as soon as may be practical | ||||||
| 26 | thereafter, the State Comptroller shall direct and the State | ||||||
| |||||||
| |||||||
| 1 | Treasurer shall transfer the sum of $1,200,000 from the General | ||||||
| 2 | Revenue Fund to the Violence Prevention Fund.
| ||||||
| 3 | (aa) In addition to any other transfers that may be | ||||||
| 4 | provided for by law, on July 1, 2005, or as soon as may be | ||||||
| 5 | practical thereafter, the State Comptroller shall direct and | ||||||
| 6 | the State Treasurer shall transfer the sum of $9,000,000 from | ||||||
| 7 | the General Revenue Fund to the Presidential Library and Museum | ||||||
| 8 | Operating Fund.
| ||||||
| 9 | (bb) In addition to any other transfers that may be | ||||||
| 10 | provided for by law, on July 1, 2005, or as soon as may be | ||||||
| 11 | practical thereafter, the State Comptroller shall direct and | ||||||
| 12 | the State Treasurer shall transfer the sum of $6,803,600 from | ||||||
| 13 | the General Revenue Fund to the Securities Audit and | ||||||
| 14 | Enforcement Fund.
| ||||||
| 15 | (cc) In addition to any other transfers that may be | ||||||
| 16 | provided for by law, on or after July 1, 2005 and until May 1, | ||||||
| 17 | 2006, at the direction of and upon notification from the | ||||||
| 18 | Governor, the State Comptroller shall direct and the State | ||||||
| 19 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 20 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
| 21 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
| 22 | re-transferred by the State Comptroller and the State Treasurer | ||||||
| 23 | from the Tobacco Settlement Recovery Fund to the General | ||||||
| 24 | Revenue Fund at the direction of and upon notification from the | ||||||
| 25 | Governor, but in any event on or before June 30, 2006.
| ||||||
| 26 | (dd) In addition to any other transfers that may be | ||||||
| |||||||
| |||||||
| 1 | provided for by law, on April 1, 2005, or as soon thereafter as | ||||||
| 2 | may be practical, at the direction of the Director of Public | ||||||
| 3 | Aid (now Director of Healthcare and Family Services), the State | ||||||
| 4 | Comptroller shall direct and the State Treasurer shall transfer | ||||||
| 5 | from the Public Aid Recoveries Trust Fund amounts not to exceed | ||||||
| 6 | $14,000,000 to the Community Mental Health Medicaid Trust Fund. | ||||||
| 7 | (ee) Notwithstanding any other provision of law, on July 1, | ||||||
| 8 | 2006, or as soon thereafter as practical, the State Comptroller | ||||||
| 9 | shall direct and the State Treasurer shall transfer the | ||||||
| 10 | remaining balance from the Illinois Civic Center Bond Fund to | ||||||
| 11 | the Illinois Civic Center Bond Retirement and Interest Fund. | ||||||
| 12 | (ff) In addition to any other transfers that may be | ||||||
| 13 | provided for by law, on and after July 1, 2006 and until June | ||||||
| 14 | 30, 2007, at the direction of and upon notification from the | ||||||
| 15 | Director of the Governor's Office of Management and Budget, the | ||||||
| 16 | State Comptroller shall direct and the State Treasurer shall | ||||||
| 17 | transfer amounts not exceeding a total of $1,900,000 from the | ||||||
| 18 | General Revenue Fund to the Illinois Capital Revolving Loan | ||||||
| 19 | Fund. | ||||||
| 20 | (gg) In addition to any other transfers that may be | ||||||
| 21 | provided for by law, on and after July 1, 2006 and until May 1, | ||||||
| 22 | 2007, at the direction of and upon notification from the | ||||||
| 23 | Governor, the State Comptroller shall direct and the State | ||||||
| 24 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 25 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
| 26 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
| |||||||
| |||||||
| 1 | retransferred by the State Comptroller and the State Treasurer | ||||||
| 2 | from the Tobacco Settlement Recovery Fund to the General | ||||||
| 3 | Revenue Fund at the direction of and upon notification from the | ||||||
| 4 | Governor, but in any event on or before June 30, 2007. | ||||||
| 5 | (hh) In addition to any other transfers that may be | ||||||
| 6 | provided for by law, on and after July 1, 2006 and until June | ||||||
| 7 | 30, 2007, at the direction of and upon notification from the | ||||||
| 8 | Governor, the State Comptroller shall direct and the State | ||||||
| 9 | Treasurer shall transfer amounts from the Illinois Affordable | ||||||
| 10 | Housing Trust Fund to the designated funds not exceeding the | ||||||
| 11 | following amounts: | ||||||
| 12 | DCFS Children's Services Fund.................$2,200,000
| ||||||
| 13 | Department of Corrections Reimbursement | ||||||
| 14 | and Education Fund........................$1,500,000
| ||||||
| 15 | Supplemental Low-Income Energy | ||||||
| 16 | Assistance Fund..............................$75,000
| ||||||
| 17 | (ii) In addition to any other transfers that may be | ||||||
| 18 | provided for by law, on or before August 31, 2006, the Governor | ||||||
| 19 | and the State Comptroller may agree to transfer the surplus | ||||||
| 20 | cash balance from the General Revenue Fund to the Budget | ||||||
| 21 | Stabilization Fund and the Pension Stabilization Fund in equal | ||||||
| 22 | proportions. The determination of the amount of the surplus | ||||||
| 23 | cash balance shall be made by the Governor, with the | ||||||
| 24 | concurrence of the State Comptroller, after taking into account | ||||||
| 25 | the June 30, 2006 balances in the general funds and the actual | ||||||
| 26 | or estimated spending from the general funds during the lapse | ||||||
| |||||||
| |||||||
| 1 | period. Notwithstanding the foregoing, the maximum amount that | ||||||
| 2 | may be transferred under this subsection (ii) is $50,000,000. | ||||||
| 3 | (jj) In addition to any other transfers that may be | ||||||
| 4 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
| 5 | practical, the State Comptroller shall direct and the State | ||||||
| 6 | Treasurer shall transfer the sum of $8,250,000 from the General | ||||||
| 7 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
| 8 | Fund. | ||||||
| 9 | (kk) In addition to any other transfers that may be | ||||||
| 10 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
| 11 | practical, the State Comptroller shall direct and the State | ||||||
| 12 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
| 13 | Revenue Fund to the Violence Prevention Fund.
| ||||||
| 14 | (ll) In addition to any other transfers that may be | ||||||
| 15 | provided for by law, on the first day of each calendar quarter | ||||||
| 16 | of the fiscal year beginning July 1, 2006, or as soon | ||||||
| 17 | thereafter as practical, the State Comptroller shall direct and | ||||||
| 18 | the State Treasurer shall transfer from the General Revenue | ||||||
| 19 | Fund amounts equal to one-fourth of $20,000,000 to the | ||||||
| 20 | Renewable Energy Resources Trust Fund. | ||||||
| 21 | (mm) In addition to any other transfers that may be | ||||||
| 22 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
| 23 | practical, the State Comptroller shall direct and the State | ||||||
| 24 | Treasurer shall transfer the sum of $1,320,000 from the General | ||||||
| 25 | Revenue Fund to the I-FLY Fund. | ||||||
| 26 | (nn) In addition to any other transfers that may be | ||||||
| |||||||
| |||||||
| 1 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
| 2 | practical, the State Comptroller shall direct and the State | ||||||
| 3 | Treasurer shall transfer the sum of $3,000,000 from the General | ||||||
| 4 | Revenue Fund to the African-American HIV/AIDS Response Fund. | ||||||
| 5 | (oo) In addition to any other transfers that may be | ||||||
| 6 | provided for by law, on and after July 1, 2006 and until June | ||||||
| 7 | 30, 2007, at the direction of and upon notification from the | ||||||
| 8 | Governor, the State Comptroller shall direct and the State | ||||||
| 9 | Treasurer shall transfer amounts identified as net receipts | ||||||
| 10 | from the sale of all or part of the Illinois Student Assistance | ||||||
| 11 | Commission loan portfolio from the Student Loan Operating Fund | ||||||
| 12 | to the General Revenue Fund. The maximum amount that may be | ||||||
| 13 | transferred pursuant to this Section is $38,800,000. In | ||||||
| 14 | addition, no transfer may be made pursuant to this Section that | ||||||
| 15 | would have the effect of reducing the available balance in the | ||||||
| 16 | Student Loan Operating Fund to an amount less than the amount | ||||||
| 17 | remaining unexpended and unreserved from the total | ||||||
| 18 | appropriations from the Fund estimated to be expended for the | ||||||
| 19 | fiscal year. The State Treasurer and Comptroller shall transfer | ||||||
| 20 | the amounts designated under this Section as soon as may be | ||||||
| 21 | practical after receiving the direction to transfer from the | ||||||
| 22 | Governor.
| ||||||
| 23 | (pp)
In addition to any other transfers that may be | ||||||
| 24 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
| 25 | practical, the State Comptroller shall direct and the State | ||||||
| 26 | Treasurer shall transfer the sum of $2,000,000 from the General | ||||||
| |||||||
| |||||||
| 1 | Revenue Fund to the Illinois Veterans Assistance Fund. | ||||||
| 2 | (qq) In addition to any other transfers that may be | ||||||
| 3 | provided for by law, on and after July 1, 2007 and until May 1, | ||||||
| 4 | 2008, at the direction of and upon notification from the | ||||||
| 5 | Governor, the State Comptroller shall direct and the State | ||||||
| 6 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 7 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
| 8 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
| 9 | retransferred by the State Comptroller and the State Treasurer | ||||||
| 10 | from the Tobacco Settlement Recovery Fund to the General | ||||||
| 11 | Revenue Fund at the direction of and upon notification from the | ||||||
| 12 | Governor, but in any event on or before June 30, 2008. | ||||||
| 13 | (rr) In addition to any other transfers that may be | ||||||
| 14 | provided for by law, on and after July 1, 2007 and until June | ||||||
| 15 | 30, 2008, at the direction of and upon notification from the | ||||||
| 16 | Governor, the State Comptroller shall direct and the State | ||||||
| 17 | Treasurer shall transfer amounts from the Illinois Affordable | ||||||
| 18 | Housing Trust Fund to the designated funds not exceeding the | ||||||
| 19 | following amounts: | ||||||
| 20 | DCFS Children's Services Fund.................$2,200,000
| ||||||
| 21 | Department of Corrections Reimbursement | ||||||
| 22 | and Education Fund........................$1,500,000
| ||||||
| 23 | Supplemental Low-Income Energy | ||||||
| 24 | Assistance Fund..............................$75,000
| ||||||
| 25 | (ss) In addition to any other transfers that may be | ||||||
| 26 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
| |||||||
| |||||||
| 1 | practical, the State Comptroller shall direct and the State | ||||||
| 2 | Treasurer shall transfer the sum of $8,250,000 from the General | ||||||
| 3 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
| 4 | Fund. | ||||||
| 5 | (tt) In addition to any other transfers that may be | ||||||
| 6 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
| 7 | practical, the State Comptroller shall direct and the State | ||||||
| 8 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
| 9 | Revenue Fund to the Violence Prevention Fund.
| ||||||
| 10 | (uu) In addition to any other transfers that may be | ||||||
| 11 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
| 12 | practical, the State Comptroller shall direct and the State | ||||||
| 13 | Treasurer shall transfer the sum of $1,320,000 from the General | ||||||
| 14 | Revenue Fund to the I-FLY Fund. | ||||||
| 15 | (vv) In addition to any other transfers that may be | ||||||
| 16 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
| 17 | practical, the State Comptroller shall direct and the State | ||||||
| 18 | Treasurer shall transfer the sum of $3,000,000 from the General | ||||||
| 19 | Revenue Fund to the African-American HIV/AIDS Response Fund. | ||||||
| 20 | (ww) In addition to any other transfers that may be | ||||||
| 21 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
| 22 | practical, the State Comptroller shall direct and the State | ||||||
| 23 | Treasurer shall transfer the sum of $3,500,000 from the General | ||||||
| 24 | Revenue Fund to the Predatory Lending Database Program Fund. | ||||||
| 25 | (xx) In addition to any other transfers that may be | ||||||
| 26 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
| |||||||
| |||||||
| 1 | practical, the State Comptroller shall direct and the State | ||||||
| 2 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
| 3 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
| 4 | (yy) In addition to any other transfers that may be | ||||||
| 5 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
| 6 | practical, the State Comptroller shall direct and the State | ||||||
| 7 | Treasurer shall transfer the sum of $4,000,000 from the General | ||||||
| 8 | Revenue Fund to the Digital Divide Elimination Infrastructure | ||||||
| 9 | Fund. | ||||||
| 10 | (zz) In addition to any other transfers that may be | ||||||
| 11 | provided for by law, on July 1, 2008, or as soon thereafter as | ||||||
| 12 | practical, the State Comptroller shall direct and the State | ||||||
| 13 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
| 14 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
| 15 | (aaa) In addition to any other transfers that may be | ||||||
| 16 | provided for by law, on and after July 1, 2008 and until May 1, | ||||||
| 17 | 2009, at the direction of and upon notification from the | ||||||
| 18 | Governor, the State Comptroller shall direct and the State | ||||||
| 19 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 20 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
| 21 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
| 22 | retransferred by the State Comptroller and the State Treasurer | ||||||
| 23 | from the Tobacco Settlement Recovery Fund to the General | ||||||
| 24 | Revenue Fund at the direction of and upon notification from the | ||||||
| 25 | Governor, but in any event on or before June 30, 2009. | ||||||
| 26 | (bbb) In addition to any other transfers that may be | ||||||
| |||||||
| |||||||
| 1 | provided for by law, on and after July 1, 2008 and until June | ||||||
| 2 | 30, 2009, at the direction of and upon notification from the | ||||||
| 3 | Governor, the State Comptroller shall direct and the State | ||||||
| 4 | Treasurer shall transfer amounts from the Illinois Affordable | ||||||
| 5 | Housing Trust Fund to the designated funds not exceeding the | ||||||
| 6 | following amounts: | ||||||
| 7 | DCFS Children's Services Fund.............$2,200,000 | ||||||
| 8 | Department of Corrections Reimbursement | ||||||
| 9 | and Education Fund........................$1,500,000 | ||||||
| 10 | Supplemental Low-Income Energy | ||||||
| 11 | Assistance Fund..............................$75,000 | ||||||
| 12 | (ccc) In addition to any other transfers that may be | ||||||
| 13 | provided for by law, on July 1, 2008, or as soon thereafter as | ||||||
| 14 | practical, the State Comptroller shall direct and the State | ||||||
| 15 | Treasurer shall transfer the sum of $7,450,000 from the General | ||||||
| 16 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
| 17 | Fund. | ||||||
| 18 | (ddd) In addition to any other transfers that may be | ||||||
| 19 | provided for by law, on July 1, 2008, or as soon thereafter as | ||||||
| 20 | practical, the State Comptroller shall direct and the State | ||||||
| 21 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
| 22 | Revenue Fund to the Violence Prevention Fund. | ||||||
| 23 | (eee) In addition to any other transfers that may be | ||||||
| 24 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
| 25 | practical, the State Comptroller shall direct and the State | ||||||
| 26 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
| |||||||
| |||||||
| 1 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
| 2 | (fff) In addition to any other transfers that may be | ||||||
| 3 | provided for by law, on and after July 1, 2009 and until May 1, | ||||||
| 4 | 2010, at the direction of and upon notification from the | ||||||
| 5 | Governor, the State Comptroller shall direct and the State | ||||||
| 6 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 7 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
| 8 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
| 9 | retransferred by the State Comptroller and the State Treasurer | ||||||
| 10 | from the Tobacco Settlement Recovery Fund to the General | ||||||
| 11 | Revenue Fund at the direction of and upon notification from the | ||||||
| 12 | Governor, but in any event on or before June 30, 2010. | ||||||
| 13 | (ggg) In addition to any other transfers that may be | ||||||
| 14 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
| 15 | practical, the State Comptroller shall direct and the State | ||||||
| 16 | Treasurer shall transfer the sum of $7,450,000 from the General | ||||||
| 17 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
| 18 | Fund. | ||||||
| 19 | (hhh) In addition to any other transfers that may be | ||||||
| 20 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
| 21 | practical, the State Comptroller shall direct and the State | ||||||
| 22 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
| 23 | Revenue Fund to the Violence Prevention Fund. | ||||||
| 24 | (iii) In addition to any other transfers that may be | ||||||
| 25 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
| 26 | practical, the State Comptroller shall direct and the State | ||||||
| |||||||
| |||||||
| 1 | Treasurer shall transfer the sum of $100,000 from the General | ||||||
| 2 | Revenue Fund to the Heartsaver AED Fund. | ||||||
| 3 | (jjj) In addition to any other transfers that may be | ||||||
| 4 | provided for by law, on and after July 1, 2009 and until June | ||||||
| 5 | 30, 2010, at the direction of and upon notification from the | ||||||
| 6 | Governor, the State Comptroller shall direct and the State | ||||||
| 7 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 8 | $17,000,000 from the General Revenue Fund to the DCFS | ||||||
| 9 | Children's Services Fund. | ||||||
| 10 | (lll) In addition to any other transfers that may be | ||||||
| 11 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
| 12 | practical, the State Comptroller shall direct and the State | ||||||
| 13 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
| 14 | Revenue Fund to the Communications Revolving Fund. | ||||||
| 15 | (mmm) In addition to any other transfers that may be | ||||||
| 16 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
| 17 | practical, the State Comptroller shall direct and the State | ||||||
| 18 | Treasurer shall transfer the sum of $9,700,000 from the General | ||||||
| 19 | Revenue Fund to the Senior Citizens Real Estate Deferred Tax | ||||||
| 20 | Revolving Fund. | ||||||
| 21 | (nnn) In addition to any other transfers that may be | ||||||
| 22 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
| 23 | practical, the State Comptroller shall direct and the State | ||||||
| 24 | Treasurer shall transfer the sum of $565,000 from the FY09 | ||||||
| 25 | Budget Relief Fund to the Horse Racing Fund. | ||||||
| 26 | (ooo) In addition to any other transfers that may be | ||||||
| |||||||
| |||||||
| 1 | provided by law, on July 1, 2009, or as soon thereafter as | ||||||
| 2 | practical, the State Comptroller shall direct and the State | ||||||
| 3 | Treasurer shall transfer the sum of $600,000 from the General | ||||||
| 4 | Revenue Fund to the Temporary Relocation Expenses Revolving | ||||||
| 5 | Fund. | ||||||
| 6 | (ppp) In addition to any other transfers that may be | ||||||
| 7 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
| 8 | practical, the State Comptroller shall direct and the State | ||||||
| 9 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
| 10 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
| 11 | (qqq) In addition to any other transfers that may be | ||||||
| 12 | provided for by law, on and after July 1, 2010 and until May 1, | ||||||
| 13 | 2011, at the direction of and upon notification from the | ||||||
| 14 | Governor, the State Comptroller shall direct and the State | ||||||
| 15 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 16 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
| 17 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
| 18 | retransferred by the State Comptroller and the State Treasurer | ||||||
| 19 | from the Tobacco Settlement Recovery Fund to the General | ||||||
| 20 | Revenue Fund at the direction of and upon notification from the | ||||||
| 21 | Governor, but in any event on or before June 30, 2011. | ||||||
| 22 | (rrr) In addition to any other transfers that may be | ||||||
| 23 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
| 24 | practical, the State Comptroller shall direct and the State | ||||||
| 25 | Treasurer shall transfer the sum of $6,675,000 from the General | ||||||
| 26 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
| |||||||
| |||||||
| 1 | Fund. | ||||||
| 2 | (sss) In addition to any other transfers that may be | ||||||
| 3 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
| 4 | practical, the State Comptroller shall direct and the State | ||||||
| 5 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
| 6 | Revenue Fund to the Violence Prevention Fund. | ||||||
| 7 | (ttt) In addition to any other transfers that may be | ||||||
| 8 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
| 9 | practical, the State Comptroller shall direct and the State | ||||||
| 10 | Treasurer shall transfer the sum of $100,000 from the General | ||||||
| 11 | Revenue Fund to the Heartsaver AED Fund. | ||||||
| 12 | (uuu) In addition to any other transfers that may be | ||||||
| 13 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
| 14 | practical, the State Comptroller shall direct and the State | ||||||
| 15 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
| 16 | Revenue Fund to the Communications Revolving Fund. | ||||||
| 17 | (vvv) In addition to any other transfers that may be | ||||||
| 18 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
| 19 | practical, the State Comptroller shall direct and the State | ||||||
| 20 | Treasurer shall transfer the sum of $3,000,000 from the General | ||||||
| 21 | Revenue Fund to the Illinois Capital Revolving Loan Fund. | ||||||
| 22 | (www) In addition to any other transfers that may be | ||||||
| 23 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
| 24 | practical, the State Comptroller shall direct and the State | ||||||
| 25 | Treasurer shall transfer the sum of $17,000,000 from the | ||||||
| 26 | General Revenue Fund to the DCFS Children's Services Fund. | ||||||
| |||||||
| |||||||
| 1 | (xxx) In addition to any other transfers that may be | ||||||
| 2 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
| 3 | practical, the State Comptroller shall direct and the State | ||||||
| 4 | Treasurer shall transfer the sum of $2,000,000 from the Digital | ||||||
| 5 | Divide Elimination Infrastructure Fund, of which $1,000,000 | ||||||
| 6 | shall go to the Workforce, Technology, and Economic Development | ||||||
| 7 | Fund and $1,000,000 to the Public Utility Fund. | ||||||
| 8 | (yyy) In addition to any other transfers that may be | ||||||
| 9 | provided for by law, on and after July 1, 2011 and until May 1, | ||||||
| 10 | 2012, at the direction of and upon notification from the | ||||||
| 11 | Governor, the State Comptroller shall direct and the State | ||||||
| 12 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 13 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
| 14 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
| 15 | retransferred by the State Comptroller and the State Treasurer | ||||||
| 16 | from the Tobacco Settlement Recovery Fund to the General | ||||||
| 17 | Revenue Fund at the direction of and upon notification from the | ||||||
| 18 | Governor, but in any event on or before June 30, 2012. | ||||||
| 19 | (zzz) In addition to any other transfers that may be | ||||||
| 20 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
| 21 | practical, the State Comptroller shall direct and the State | ||||||
| 22 | Treasurer shall transfer the sum of $1,000,000 from the General | ||||||
| 23 | Revenue Fund to the Illinois Veterans Assistance Fund. | ||||||
| 24 | (aaaa) In addition to any other transfers that may be | ||||||
| 25 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
| 26 | practical, the State Comptroller shall direct and the State | ||||||
| |||||||
| |||||||
| 1 | Treasurer shall transfer the sum of $8,000,000 from the General | ||||||
| 2 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
| 3 | Fund. | ||||||
| 4 | (bbbb) In addition to any other transfers that may be | ||||||
| 5 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
| 6 | practical, the State Comptroller shall direct and the State | ||||||
| 7 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
| 8 | Revenue Fund to the Violence Prevention Fund. | ||||||
| 9 | (cccc) In addition to any other transfers that may be | ||||||
| 10 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
| 11 | practical, the State Comptroller shall direct and the State | ||||||
| 12 | Treasurer shall transfer the sum of $14,100,000 from the | ||||||
| 13 | General Revenue Fund to the State Garage Revolving Fund. | ||||||
| 14 | (dddd) In addition to any other transfers that may be | ||||||
| 15 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
| 16 | practical, the State Comptroller shall direct and the State | ||||||
| 17 | Treasurer shall transfer the sum of $4,000,000 from the General | ||||||
| 18 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
| 19 | (eeee) In addition to any other transfers that may be | ||||||
| 20 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
| 21 | practical, the State Comptroller shall direct and the State | ||||||
| 22 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
| 23 | Revenue Fund to the Senior Citizens Real Estate Deferred Tax | ||||||
| 24 | Revolving Fund. | ||||||
| 25 | (Source: P.A. 96-45, eff. 7-15-09; 96-820, eff. 11-18-09; | ||||||
| 26 | 96-959, eff. 7-1-10; 97-72, eff. 7-1-11; 97-641, eff. 12-19-11; | ||||||
| |||||||
| |||||||
| 1 | revised 9-8-16.)
| ||||||
| 2 | Section 200. The Natural Heritage Fund Act is amended by | ||||||
| 3 | changing Section 5 as follows:
| ||||||
| 4 | (30 ILCS 150/5) (from Ch. 105, par. 735)
| ||||||
| 5 | Sec. 5. Interest proceeds Proceeds. The Governor shall | ||||||
| 6 | request and the General
Assembly may annually appropriate from | ||||||
| 7 | the Natural Heritage Fund an amount not
to exceed to the annual | ||||||
| 8 | investment income earned by the Trust Fund to the
Department | ||||||
| 9 | and any portion of the investment income earned in preceding | ||||||
| 10 | years
that was not transferred for the purposes set forth in | ||||||
| 11 | Section 4. Upon the
Director's request, the Comptroller and the | ||||||
| 12 | State Treasurer shall transfer
amounts not to exceed the actual | ||||||
| 13 | investment income earned from the Trust Fund
to the Natural | ||||||
| 14 | Heritage Fund from time to time as needed for expenditures from
| ||||||
| 15 | the Natural Heritage Fund in accordance with appropriations.
| ||||||
| 16 | (Source: P.A. 87-1197; revised 9-7-16.)
| ||||||
| 17 | Section 205. The Illinois Procurement Code is amended by | ||||||
| 18 | changing Sections 40-30 and 45-67 as follows:
| ||||||
| 19 | (30 ILCS 500/40-30)
| ||||||
| 20 | Sec. 40-30. Purchase option. Initial leases of all space
in | ||||||
| 21 | entire, free-standing
buildings shall include an option to | ||||||
| 22 | purchase exercisable exerciseable by the
State, unless the | ||||||
| |||||||
| |||||||
| 1 | purchasing officer determines that inclusion of such purchase
| ||||||
| 2 | option is not in the State's best interest and makes that | ||||||
| 3 | determination in
writing along with the reasons for making that | ||||||
| 4 | determination and publishes the
written determination in the | ||||||
| 5 | appropriate volume of the Illinois Procurement Bulletin.
| ||||||
| 6 | Leases from governmental units and not-for-profit entities are | ||||||
| 7 | exempt from
the requirements of this Section.
| ||||||
| 8 | (Source: P.A. 90-572, eff. date - See Sec. 99-5; revised | ||||||
| 9 | 9-9-16.)
| ||||||
| 10 | (30 ILCS 500/45-67) | ||||||
| 11 | Sec. 45-67. Encouragement to hire qualified veterans. A | ||||||
| 12 | chief procurement officer may, as part of any solicitation, | ||||||
| 13 | encourage potential contractors to consider hiring qualified | ||||||
| 14 | veterans and to notify them of any available financial | ||||||
| 15 | incentives or other advantages associated with hiring such | ||||||
| 16 | persons. In establishing internal guidelines in furtherance of | ||||||
| 17 | this Section, the Department of Central Management Services may | ||||||
| 18 | work with an interagency advisory committee consisting of | ||||||
| 19 | representatives from the Department of Veterans' Veterans | ||||||
| 20 | Affairs, the Department of Employment Security, the Department | ||||||
| 21 | of Commerce and Economic Opportunity, and the Department of | ||||||
| 22 | Revenue and consisting of 8 members of the General Assembly, 2 | ||||||
| 23 | of whom are appointed by the Speaker of the House of | ||||||
| 24 | Representatives, 2 of whom are appointed by the President of | ||||||
| 25 | the Senate, 2 of whom are appointed by the Minority Leader of | ||||||
| |||||||
| |||||||
| 1 | the House of Representatives, and 2 of whom are appointed by | ||||||
| 2 | the Minority Leader of the Senate. | ||||||
| 3 | For the purposes of this Section, "qualified veteran" means | ||||||
| 4 | an Illinois resident who: (i) was a member of the Armed Forces | ||||||
| 5 | of the United States, a member of the Illinois National Guard, | ||||||
| 6 | or a member of any reserve component of the Armed Forces of the | ||||||
| 7 | United States; (ii) served on active duty in connection with | ||||||
| 8 | Operation Desert Storm, Operation Enduring Freedom, or | ||||||
| 9 | Operation Iraqi Freedom; and (iii) was honorably discharged.
| ||||||
| 10 | The Department of Central Management Services must report | ||||||
| 11 | to the Governor and to the General Assembly by December 31 of | ||||||
| 12 | each year on the activities undertaken by chief procurement | ||||||
| 13 | officers and the Department of Central Management Services to | ||||||
| 14 | encourage potential contractors to consider hiring qualified | ||||||
| 15 | veterans. The report must include the number of vendors who | ||||||
| 16 | have hired qualified veterans.
| ||||||
| 17 | (Source: P.A. 98-1076, eff. 1-1-15; revised 9-9-16.)
| ||||||
| 18 | Section 210. The Grant Accountability and Transparency Act | ||||||
| 19 | is amended by changing Section 75 as follows:
| ||||||
| 20 | (30 ILCS 708/75) | ||||||
| 21 | (Section scheduled to be repealed on July 16, 2020)
| ||||||
| 22 | Sec. 75. State program exceptions. | ||||||
| 23 | (a) With the exception of the audit requirements set forth | ||||||
| 24 | in 2 CFR 200.102, exceptions may be allowed for classes of | ||||||
| |||||||
| |||||||
| 1 | State or federal pass-through awards or non-federal entities | ||||||
| 2 | subject to the requirements of this Act when such exceptions | ||||||
| 3 | are not prohibited by State or federal law. However, in the | ||||||
| 4 | interest of maximum uniformity, exceptions from the | ||||||
| 5 | requirements of this Act shall be permitted only in unusual or | ||||||
| 6 | exceptional circumstances.
| ||||||
| 7 | (b) The Governor's Office of Management and Budget, with | ||||||
| 8 | the advice and technical assistance of the Illinois Single | ||||||
| 9 | Audit Commission, shall adopt rules governing the criteria that | ||||||
| 10 | shall be used to determine when an exception may be issued. The | ||||||
| 11 | Governor's Office of Management and Budget shall publish any | ||||||
| 12 | allowed exceptions in the Catalog Catalogue of State Financial | ||||||
| 13 | Assistance within 30 days of the exception being allowed.
| ||||||
| 14 | (Source: P.A. 98-706, eff. 7-16-14; revised 9-9-16.)
| ||||||
| 15 | Section 215. The State Mandates Act is amended by changing | ||||||
| 16 | Sections 7 and 8.40 as follows:
| ||||||
| 17 | (30 ILCS 805/7) (from Ch. 85, par. 2207)
| ||||||
| 18 | Sec. 7. Review of existing mandates. | ||||||
| 19 | (a) Beginning with the 2019 catalog and every other year | ||||||
| 20 | thereafter, concurrently with, or within
3 months subsequent to | ||||||
| 21 | the publication of a catalog of State mandates as
prescribed in | ||||||
| 22 | subsection (b) of Section 4, the Department shall submit to
the | ||||||
| 23 | Governor and the General Assembly a review and report on | ||||||
| 24 | mandates enacted in the previous 2 years
and remaining in | ||||||
| |||||||
| |||||||
| 1 | effect at the time of submittal
of the report. The Department | ||||||
| 2 | may fulfill its responsibilities for compiling the report by | ||||||
| 3 | entering into a contract for service.
| ||||||
| 4 | Beginning with the 2017 catalog and every 10 years | ||||||
| 5 | thereafter, concurrently with, or within 3 months subsequent to | ||||||
| 6 | the publication of a catalog of State mandates as prescribed in | ||||||
| 7 | subsection (b) of Section 4, the Department shall submit to the | ||||||
| 8 | Governor and the General Assembly a review and report on all | ||||||
| 9 | effective mandates at the time of submittal of the reports. | ||||||
| 10 | (b) The report shall include for each mandate the factual
| ||||||
| 11 | information specified in subsection (b) of Section 4 for the | ||||||
| 12 | catalog. The report may also include the following: (1)
extent | ||||||
| 13 | to which the enactment of the mandate was requested, supported, | ||||||
| 14 | encouraged
or opposed by local governments or their respective | ||||||
| 15 | organization;
(2) whether the mandate continues to meet a | ||||||
| 16 | Statewide policy objective or
has achieved the initial policy | ||||||
| 17 | intent in whole or in part; (3) amendments
if any are required | ||||||
| 18 | to make the mandate more effective; (4) whether the mandate
| ||||||
| 19 | should be retained or rescinded; (5) whether State financial | ||||||
| 20 | participation
in helping meet the identifiable increased local | ||||||
| 21 | costs arising from the
mandate should be initiated, and if so, | ||||||
| 22 | recommended ratios and phasing-in
schedules; and (6) any other | ||||||
| 23 | information or recommendations which the
Department considers | ||||||
| 24 | pertinent; and (7) any comments about the mandate submitted by | ||||||
| 25 | affected units of government.
| ||||||
| 26 | (c) The appropriate committee of each house of the General | ||||||
| |||||||
| |||||||
| 1 | Assembly shall
review the report and shall initiate such | ||||||
| 2 | legislation or other action as
it deems necessary.
| ||||||
| 3 | The requirement for reporting to the General Assembly shall | ||||||
| 4 | be satisfied
by filing copies of the report with the Speaker, | ||||||
| 5 | the Minority Leader and
the Clerk of the House of | ||||||
| 6 | Representatives and the President, the Minority
Leader, the | ||||||
| 7 | Secretary of the Senate, the members of the committees required
| ||||||
| 8 | to review the report under subsection (c) and the Legislative | ||||||
| 9 | Research
Unit, as
required by Section 3.1 of the General | ||||||
| 10 | Assembly Organization Act "An Act to revise the law in relation | ||||||
| 11 | to the
General Assembly", approved February 25, 1874, as | ||||||
| 12 | amended, and filing such
additional copies with the State | ||||||
| 13 | Government Report Distribution Center for
the General Assembly | ||||||
| 14 | as is required under paragraph (t) of Section 7 of
the State | ||||||
| 15 | Library Act.
| ||||||
| 16 | (Source: P.A. 99-789, eff. 8-12-16; revised 10-25-16.)
| ||||||
| 17 | (30 ILCS 805/8.40) | ||||||
| 18 | Sec. 8.40. Exempt mandate. | ||||||
| 19 | (a) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
| 20 | reimbursement by the State is required for the implementation | ||||||
| 21 | of any mandate created by Public Act 99-683, 99-745, or 99-905 | ||||||
| 22 | this amendatory Act of the 99th General Assembly.
| ||||||
| 23 | (b) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
| 24 | reimbursement by the State is required for the implementation | ||||||
| 25 | of any mandate created by Section 40 of the State Police Act | ||||||
| |||||||
| |||||||
| 1 | and Section 10.19 of the Illinois Police Training Act. | ||||||
| 2 | (Source: P.A. 99-683, eff. 7-29-16; 99-711, eff. 1-1-17; | ||||||
| 3 | 99-745, eff. 8-5-16; 99-905, eff. 11-29-16; revised 12-7-16.)
| ||||||
| 4 | Section 220. The Illinois Income Tax Act is amended by | ||||||
| 5 | changing Sections 304, 507GG, and 709.5 as follows:
| ||||||
| 6 | (35 ILCS 5/304) (from Ch. 120, par. 3-304)
| ||||||
| 7 | Sec. 304. Business income of persons other than residents.
| ||||||
| 8 | (a) In general. The business income of a person other than | ||||||
| 9 | a
resident shall be allocated to this State if such person's | ||||||
| 10 | business
income is derived solely from this State. If a person | ||||||
| 11 | other than a
resident derives business income from this State | ||||||
| 12 | and one or more other
states, then, for tax years ending on or | ||||||
| 13 | before December 30, 1998, and
except as otherwise provided by | ||||||
| 14 | this Section, such
person's business income shall be | ||||||
| 15 | apportioned to this State by
multiplying the income by a | ||||||
| 16 | fraction, the numerator of which is the sum
of the property | ||||||
| 17 | factor (if any), the payroll factor (if any) and 200% of the
| ||||||
| 18 | sales factor (if any), and the denominator of which is 4 | ||||||
| 19 | reduced by the
number of factors other than the sales factor | ||||||
| 20 | which have a denominator
of zero and by an additional 2 if the | ||||||
| 21 | sales factor has a denominator of zero.
For tax years ending on | ||||||
| 22 | or after December 31, 1998, and except as otherwise
provided by | ||||||
| 23 | this Section, persons other than
residents who derive business | ||||||
| 24 | income from this State and one or more other
states shall | ||||||
| |||||||
| |||||||
| 1 | compute their apportionment factor by weighting their | ||||||
| 2 | property,
payroll, and sales factors as provided in
subsection | ||||||
| 3 | (h) of this Section.
| ||||||
| 4 | (1) Property factor.
| ||||||
| 5 | (A) The property factor is a fraction, the numerator of | ||||||
| 6 | which is the
average value of the person's real and | ||||||
| 7 | tangible personal property owned
or rented and used in the | ||||||
| 8 | trade or business in this State during the
taxable year and | ||||||
| 9 | the denominator of which is the average value of all
the | ||||||
| 10 | person's real and tangible personal property owned or | ||||||
| 11 | rented and
used in the trade or business during the taxable | ||||||
| 12 | year.
| ||||||
| 13 | (B) Property owned by the person is valued at its | ||||||
| 14 | original cost.
Property rented by the person is valued at 8 | ||||||
| 15 | times the net annual rental
rate. Net annual rental rate is | ||||||
| 16 | the annual rental rate paid by the
person less any annual | ||||||
| 17 | rental rate received by the person from
sub-rentals.
| ||||||
| 18 | (C) The average value of property shall be determined | ||||||
| 19 | by averaging
the values at the beginning and ending of the | ||||||
| 20 | taxable year but the
Director may require the averaging of | ||||||
| 21 | monthly values during the taxable
year if reasonably | ||||||
| 22 | required to reflect properly the average value of the
| ||||||
| 23 | person's property.
| ||||||
| 24 | (2) Payroll factor.
| ||||||
| 25 | (A) The payroll factor is a fraction, the numerator of | ||||||
| 26 | which is the
total amount paid in this State during the | ||||||
| |||||||
| |||||||
| 1 | taxable year by the person
for compensation, and the | ||||||
| 2 | denominator of which is the total compensation
paid | ||||||
| 3 | everywhere during the taxable year.
| ||||||
| 4 | (B) Compensation is paid in this State if:
| ||||||
| 5 | (i) The individual's service is performed entirely | ||||||
| 6 | within this
State;
| ||||||
| 7 | (ii) The individual's service is performed both | ||||||
| 8 | within and without
this State, but the service | ||||||
| 9 | performed without this State is incidental
to the | ||||||
| 10 | individual's service performed within this State; or
| ||||||
| 11 | (iii) Some of the service is performed within this | ||||||
| 12 | State and either
the base of operations, or if there is | ||||||
| 13 | no base of operations, the place
from which the service | ||||||
| 14 | is directed or controlled is within this State,
or the | ||||||
| 15 | base of operations or the place from which the service | ||||||
| 16 | is
directed or controlled is not in any state in which | ||||||
| 17 | some part of the
service is performed, but the | ||||||
| 18 | individual's residence is in this State.
| ||||||
| 19 | (iv) Compensation paid to nonresident professional | ||||||
| 20 | athletes. | ||||||
| 21 | (a) General. The Illinois source income of a | ||||||
| 22 | nonresident individual who is a member of a | ||||||
| 23 | professional athletic team includes the portion of the | ||||||
| 24 | individual's total compensation for services performed | ||||||
| 25 | as a member of a professional athletic team during the | ||||||
| 26 | taxable year which the number of duty days spent within | ||||||
| |||||||
| |||||||
| 1 | this State performing services for the team in any | ||||||
| 2 | manner during the taxable year bears to the total | ||||||
| 3 | number of duty days spent both within and without this | ||||||
| 4 | State during the taxable year. | ||||||
| 5 | (b) Travel days. Travel days that do not involve | ||||||
| 6 | either a game, practice, team meeting, or other similar | ||||||
| 7 | team event are not considered duty days spent in this | ||||||
| 8 | State. However, such travel days are considered in the | ||||||
| 9 | total duty days spent both within and without this | ||||||
| 10 | State. | ||||||
| 11 | (c) Definitions. For purposes of this subpart | ||||||
| 12 | (iv): | ||||||
| 13 | (1) The term "professional athletic team" | ||||||
| 14 | includes, but is not limited to, any professional | ||||||
| 15 | baseball, basketball, football, soccer, or hockey | ||||||
| 16 | team. | ||||||
| 17 | (2) The term "member of a professional | ||||||
| 18 | athletic team" includes those employees who are | ||||||
| 19 | active players, players on the disabled list, and | ||||||
| 20 | any other persons required to travel and who travel | ||||||
| 21 | with and perform services on behalf of a | ||||||
| 22 | professional athletic team on a regular basis. | ||||||
| 23 | This includes, but is not limited to, coaches, | ||||||
| 24 | managers, and trainers. | ||||||
| 25 | (3) Except as provided in items (C) and (D) of | ||||||
| 26 | this subpart (3), the term "duty days" means all | ||||||
| |||||||
| |||||||
| 1 | days during the taxable year from the beginning of | ||||||
| 2 | the professional athletic team's official | ||||||
| 3 | pre-season training period through the last game | ||||||
| 4 | in which the team competes or is scheduled to | ||||||
| 5 | compete. Duty days shall be counted for the year in | ||||||
| 6 | which they occur, including where a team's | ||||||
| 7 | official pre-season training period through the | ||||||
| 8 | last game in which the team competes or is | ||||||
| 9 | scheduled to compete, occurs during more than one | ||||||
| 10 | tax year. | ||||||
| 11 | (A) Duty days shall also include days on | ||||||
| 12 | which a member of a professional athletic team | ||||||
| 13 | performs service for a team on a date that does | ||||||
| 14 | not fall within the foregoing period (e.g., | ||||||
| 15 | participation in instructional leagues, the | ||||||
| 16 | "All Star Game", or promotional "caravans"). | ||||||
| 17 | Performing a service for a professional | ||||||
| 18 | athletic team includes conducting training and | ||||||
| 19 | rehabilitation activities, when such | ||||||
| 20 | activities are conducted at team facilities. | ||||||
| 21 | (B) Also included in duty days are game | ||||||
| 22 | days, practice days, days spent at team | ||||||
| 23 | meetings, promotional caravans, preseason | ||||||
| 24 | training camps, and days served with the team | ||||||
| 25 | through all post-season games in which the team | ||||||
| 26 | competes or is scheduled to compete. | ||||||
| |||||||
| |||||||
| 1 | (C) Duty days for any person who joins a | ||||||
| 2 | team during the period from the beginning of | ||||||
| 3 | the professional athletic team's official | ||||||
| 4 | pre-season training period through the last | ||||||
| 5 | game in which the team competes, or is | ||||||
| 6 | scheduled to compete, shall begin on the day | ||||||
| 7 | that person joins the team. Conversely, duty | ||||||
| 8 | days for any person who leaves a team during | ||||||
| 9 | this period shall end on the day that person | ||||||
| 10 | leaves the team. Where a person switches teams | ||||||
| 11 | during a taxable year, a separate duty-day | ||||||
| 12 | calculation shall be made for the period the | ||||||
| 13 | person was with each team. | ||||||
| 14 | (D) Days for which a member of a | ||||||
| 15 | professional athletic team is not compensated | ||||||
| 16 | and is not performing services for the team in | ||||||
| 17 | any manner, including days when such member of | ||||||
| 18 | a professional athletic team has been | ||||||
| 19 | suspended without pay and prohibited from | ||||||
| 20 | performing any services for the team, shall not | ||||||
| 21 | be treated as duty days. | ||||||
| 22 | (E) Days for which a member of a | ||||||
| 23 | professional athletic team is on the disabled | ||||||
| 24 | list and does not conduct rehabilitation | ||||||
| 25 | activities at facilities of the team, and is | ||||||
| 26 | not otherwise performing services for the team | ||||||
| |||||||
| |||||||
| 1 | in Illinois, shall not be considered duty days | ||||||
| 2 | spent in this State. All days on the disabled | ||||||
| 3 | list, however, are considered to be included in | ||||||
| 4 | total duty days spent both within and without | ||||||
| 5 | this State. | ||||||
| 6 | (4) The term "total compensation for services | ||||||
| 7 | performed as a member of a professional athletic | ||||||
| 8 | team" means the total compensation received during | ||||||
| 9 | the taxable year for services performed: | ||||||
| 10 | (A) from the beginning of the official | ||||||
| 11 | pre-season training period through the last | ||||||
| 12 | game in which the team competes or is scheduled | ||||||
| 13 | to compete during that taxable year; and | ||||||
| 14 | (B) during the taxable year on a date which | ||||||
| 15 | does not fall within the foregoing period | ||||||
| 16 | (e.g., participation in instructional leagues, | ||||||
| 17 | the "All Star Game", or promotional caravans). | ||||||
| 18 | This compensation shall include, but is not | ||||||
| 19 | limited to, salaries, wages, bonuses as described | ||||||
| 20 | in this subpart, and any other type of compensation | ||||||
| 21 | paid during the taxable year to a member of a | ||||||
| 22 | professional athletic team for services performed | ||||||
| 23 | in that year. This compensation does not include | ||||||
| 24 | strike benefits, severance pay, termination pay, | ||||||
| 25 | contract or option year buy-out payments, | ||||||
| 26 | expansion or relocation payments, or any other | ||||||
| |||||||
| |||||||
| 1 | payments not related to services performed for the | ||||||
| 2 | team. | ||||||
| 3 | For purposes of this subparagraph, "bonuses" | ||||||
| 4 | included in "total compensation for services | ||||||
| 5 | performed as a member of a professional athletic | ||||||
| 6 | team" subject to the allocation described in | ||||||
| 7 | Section 302(c)(1) are: bonuses earned as a result | ||||||
| 8 | of play (i.e., performance bonuses) during the | ||||||
| 9 | season, including bonuses paid for championship, | ||||||
| 10 | playoff or "bowl" games played by a team, or for | ||||||
| 11 | selection to all-star league or other honorary | ||||||
| 12 | positions; and bonuses paid for signing a | ||||||
| 13 | contract, unless the payment of the signing bonus | ||||||
| 14 | is not conditional upon the signee playing any | ||||||
| 15 | games for the team or performing any subsequent | ||||||
| 16 | services for the team or even making the team, the | ||||||
| 17 | signing bonus is payable separately from the | ||||||
| 18 | salary and any other compensation, and the signing | ||||||
| 19 | bonus is nonrefundable.
| ||||||
| 20 | (3) Sales factor.
| ||||||
| 21 | (A) The sales factor is a fraction, the numerator of | ||||||
| 22 | which is the
total sales of the person in this State during | ||||||
| 23 | the taxable year, and the
denominator of which is the total | ||||||
| 24 | sales of the person everywhere during
the taxable year.
| ||||||
| 25 | (B) Sales of tangible personal property are in this | ||||||
| 26 | State if:
| ||||||
| |||||||
| |||||||
| 1 | (i) The property is delivered or shipped to a | ||||||
| 2 | purchaser, other than
the United States government, | ||||||
| 3 | within this State regardless of the f. o.
b. point or | ||||||
| 4 | other conditions of the sale; or
| ||||||
| 5 | (ii) The property is shipped from an office, store, | ||||||
| 6 | warehouse,
factory or other place of storage in this | ||||||
| 7 | State and either the purchaser
is the United States | ||||||
| 8 | government or the person is not taxable in the
state of | ||||||
| 9 | the purchaser; provided, however, that premises owned | ||||||
| 10 | or leased
by a person who has independently contracted | ||||||
| 11 | with the seller for the printing
of newspapers, | ||||||
| 12 | periodicals or books shall not be deemed to be an | ||||||
| 13 | office,
store, warehouse, factory or other place of | ||||||
| 14 | storage for purposes of this
Section.
Sales of tangible | ||||||
| 15 | personal property are not in this State if the
seller | ||||||
| 16 | and purchaser would be members of the same unitary | ||||||
| 17 | business group
but for the fact that either the seller | ||||||
| 18 | or purchaser is a person with 80%
or more of total | ||||||
| 19 | business activity outside of the United States and the
| ||||||
| 20 | property is purchased for resale.
| ||||||
| 21 | (B-1) Patents, copyrights, trademarks, and similar | ||||||
| 22 | items of intangible
personal property.
| ||||||
| 23 | (i) Gross receipts from the licensing, sale, or | ||||||
| 24 | other disposition of a
patent, copyright, trademark, | ||||||
| 25 | or similar item of intangible personal property, other | ||||||
| 26 | than gross receipts governed by paragraph (B-7) of this | ||||||
| |||||||
| |||||||
| 1 | item (3),
are in this State to the extent the item is | ||||||
| 2 | utilized in this State during the
year the gross | ||||||
| 3 | receipts are included in gross income.
| ||||||
| 4 | (ii) Place of utilization.
| ||||||
| 5 | (I) A patent is utilized in a state to the | ||||||
| 6 | extent that it is employed
in production, | ||||||
| 7 | fabrication, manufacturing, or other processing in | ||||||
| 8 | the state or
to the extent that a patented product | ||||||
| 9 | is produced in the state. If a patent is
utilized | ||||||
| 10 | in
more than one state, the extent to which it is | ||||||
| 11 | utilized in any one state shall
be a fraction equal | ||||||
| 12 | to the gross receipts of the licensee or purchaser | ||||||
| 13 | from
sales or leases of items produced, | ||||||
| 14 | fabricated, manufactured, or processed
within that | ||||||
| 15 | state using the patent and of patented items | ||||||
| 16 | produced within that
state, divided by the total of | ||||||
| 17 | such gross receipts for all states in which the
| ||||||
| 18 | patent is utilized.
| ||||||
| 19 | (II) A copyright is utilized in a state to the | ||||||
| 20 | extent that printing or
other publication | ||||||
| 21 | originates in the state. If a copyright is utilized | ||||||
| 22 | in more
than one state, the extent to which it is | ||||||
| 23 | utilized in any one state shall be a
fraction equal | ||||||
| 24 | to the gross receipts from sales or licenses of | ||||||
| 25 | materials
printed or published in that state | ||||||
| 26 | divided by the total of such gross receipts
for all | ||||||
| |||||||
| |||||||
| 1 | states in which the copyright is utilized.
| ||||||
| 2 | (III) Trademarks and other items of intangible | ||||||
| 3 | personal property
governed by this paragraph (B-1) | ||||||
| 4 | are utilized in the state in which the
commercial | ||||||
| 5 | domicile of the licensee or purchaser is located.
| ||||||
| 6 | (iii) If the state of utilization of an item of | ||||||
| 7 | property governed by
this paragraph (B-1) cannot be | ||||||
| 8 | determined from the taxpayer's books and
records or | ||||||
| 9 | from the books and records of any person related to the | ||||||
| 10 | taxpayer
within the meaning of Section 267(b) of the | ||||||
| 11 | Internal Revenue Code, 26 U.S.C.
267, the gross
| ||||||
| 12 | receipts attributable to that item shall be excluded | ||||||
| 13 | from both the numerator
and the denominator of the | ||||||
| 14 | sales factor.
| ||||||
| 15 | (B-2) Gross receipts from the license, sale, or other | ||||||
| 16 | disposition of
patents, copyrights, trademarks, and | ||||||
| 17 | similar items of intangible personal
property, other than | ||||||
| 18 | gross receipts governed by paragraph (B-7) of this item | ||||||
| 19 | (3), may be included in the numerator or denominator of the | ||||||
| 20 | sales factor
only if gross receipts from licenses, sales, | ||||||
| 21 | or other disposition of such items
comprise more than 50% | ||||||
| 22 | of the taxpayer's total gross receipts included in gross
| ||||||
| 23 | income during the tax year and during each of the 2 | ||||||
| 24 | immediately preceding tax
years; provided that, when a | ||||||
| 25 | taxpayer is a member of a unitary business group,
such | ||||||
| 26 | determination shall be made on the basis of the gross | ||||||
| |||||||
| |||||||
| 1 | receipts of the
entire unitary business group.
| ||||||
| 2 | (B-5) For taxable years ending on or after December 31, | ||||||
| 3 | 2008, except as provided in subsections (ii) through (vii), | ||||||
| 4 | receipts from the sale of telecommunications service or | ||||||
| 5 | mobile telecommunications service are in this State if the | ||||||
| 6 | customer's service address is in this State. | ||||||
| 7 | (i) For purposes of this subparagraph (B-5), the | ||||||
| 8 | following terms have the following meanings: | ||||||
| 9 | "Ancillary services" means services that are | ||||||
| 10 | associated with or incidental to the provision of | ||||||
| 11 | "telecommunications services", including but not | ||||||
| 12 | limited to "detailed telecommunications billing", | ||||||
| 13 | "directory assistance", "vertical service", and "voice | ||||||
| 14 | mail services". | ||||||
| 15 | "Air-to-Ground Radiotelephone service" means a | ||||||
| 16 | radio service, as that term is defined in 47 CFR 22.99, | ||||||
| 17 | in which common carriers are authorized to offer and | ||||||
| 18 | provide radio telecommunications service for hire to | ||||||
| 19 | subscribers in aircraft. | ||||||
| 20 | "Call-by-call Basis" means any method of charging | ||||||
| 21 | for telecommunications services where the price is | ||||||
| 22 | measured by individual calls. | ||||||
| 23 | "Communications Channel" means a physical or | ||||||
| 24 | virtual path of communications over which signals are | ||||||
| 25 | transmitted between or among customer channel | ||||||
| 26 | termination points. | ||||||
| |||||||
| |||||||
| 1 | "Conference bridging service" means an "ancillary | ||||||
| 2 | service" that links two or more participants of an | ||||||
| 3 | audio or video conference call and may include the | ||||||
| 4 | provision of a telephone number. "Conference bridging | ||||||
| 5 | service" does not include the "telecommunications | ||||||
| 6 | services" used to reach the conference bridge. | ||||||
| 7 | "Customer Channel Termination Point" means the | ||||||
| 8 | location where the customer either inputs or receives | ||||||
| 9 | the communications. | ||||||
| 10 | "Detailed telecommunications billing service" | ||||||
| 11 | means an "ancillary service" of separately stating | ||||||
| 12 | information pertaining to individual calls on a | ||||||
| 13 | customer's billing statement. | ||||||
| 14 | "Directory assistance" means an "ancillary | ||||||
| 15 | service" of providing telephone number information, | ||||||
| 16 | and/or address information. | ||||||
| 17 | "Home service provider" means the facilities based | ||||||
| 18 | carrier or reseller with which the customer contracts | ||||||
| 19 | for the provision of mobile telecommunications | ||||||
| 20 | services. | ||||||
| 21 | "Mobile telecommunications service" means | ||||||
| 22 | commercial mobile radio service, as defined in Section | ||||||
| 23 | 20.3 of Title 47 of the Code of Federal Regulations as | ||||||
| 24 | in effect on June 1, 1999. | ||||||
| 25 | "Place of primary use" means the street address | ||||||
| 26 | representative of where the customer's use of the | ||||||
| |||||||
| |||||||
| 1 | telecommunications service primarily occurs, which | ||||||
| 2 | must be the residential street address or the primary | ||||||
| 3 | business street address of the customer. In the case of | ||||||
| 4 | mobile telecommunications services, "place of primary | ||||||
| 5 | use" must be within the licensed service area of the | ||||||
| 6 | home service provider. | ||||||
| 7 | "Post-paid telecommunication service" means the | ||||||
| 8 | telecommunications service obtained by making a | ||||||
| 9 | payment on a call-by-call basis either through the use | ||||||
| 10 | of a credit card or payment mechanism such as a bank | ||||||
| 11 | card, travel card, credit card, or debit card, or by | ||||||
| 12 | charge made to a telephone number which is not | ||||||
| 13 | associated with the origination or termination of the | ||||||
| 14 | telecommunications service. A post-paid calling | ||||||
| 15 | service includes telecommunications service, except a | ||||||
| 16 | prepaid wireless calling service, that would be a | ||||||
| 17 | prepaid calling service except it is not exclusively a | ||||||
| 18 | telecommunication service. | ||||||
| 19 | "Prepaid telecommunication service" means the | ||||||
| 20 | right to access exclusively telecommunications | ||||||
| 21 | services, which must be paid for in advance and which | ||||||
| 22 | enables the origination of calls using an access number | ||||||
| 23 | or authorization code, whether manually or | ||||||
| 24 | electronically dialed, and that is sold in | ||||||
| 25 | predetermined units or dollars of which the number | ||||||
| 26 | declines with use in a known amount. | ||||||
| |||||||
| |||||||
| 1 | "Prepaid Mobile telecommunication service" means a | ||||||
| 2 | telecommunications service that provides the right to | ||||||
| 3 | utilize mobile wireless service as well as other | ||||||
| 4 | non-telecommunication services, including but not | ||||||
| 5 | limited to ancillary services, which must be paid for | ||||||
| 6 | in advance that is sold in predetermined units or | ||||||
| 7 | dollars of which the number declines with use in a | ||||||
| 8 | known amount. | ||||||
| 9 | "Private communication service" means a | ||||||
| 10 | telecommunication service that entitles the customer | ||||||
| 11 | to exclusive or priority use of a communications | ||||||
| 12 | channel or group of channels between or among | ||||||
| 13 | termination points, regardless of the manner in which | ||||||
| 14 | such channel or channels are connected, and includes | ||||||
| 15 | switching capacity, extension lines, stations, and any | ||||||
| 16 | other associated services that are provided in | ||||||
| 17 | connection with the use of such channel or channels. | ||||||
| 18 | "Service address" means: | ||||||
| 19 | (a) The location of the telecommunications | ||||||
| 20 | equipment to which a customer's call is charged and | ||||||
| 21 | from which the call originates or terminates, | ||||||
| 22 | regardless of where the call is billed or paid; | ||||||
| 23 | (b) If the location in line (a) is not known, | ||||||
| 24 | service address means the origination point of the | ||||||
| 25 | signal of the telecommunications services first | ||||||
| 26 | identified by either the seller's | ||||||
| |||||||
| |||||||
| 1 | telecommunications system or in information | ||||||
| 2 | received by the seller from its service provider | ||||||
| 3 | where the system used to transport such signals is | ||||||
| 4 | not that of the seller; and | ||||||
| 5 | (c) If the locations in line (a) and line (b) | ||||||
| 6 | are not known, the service address means the | ||||||
| 7 | location of the customer's place of primary use. | ||||||
| 8 | "Telecommunications service" means the electronic | ||||||
| 9 | transmission, conveyance, or routing of voice, data, | ||||||
| 10 | audio, video, or any other information or signals to a | ||||||
| 11 | point, or between or among points. The term | ||||||
| 12 | "telecommunications service" includes such | ||||||
| 13 | transmission, conveyance, or routing in which computer | ||||||
| 14 | processing applications are used to act on the form, | ||||||
| 15 | code or protocol of the content for purposes of | ||||||
| 16 | transmission, conveyance or routing without regard to | ||||||
| 17 | whether such service is referred to as voice over | ||||||
| 18 | Internet protocol services or is classified by the | ||||||
| 19 | Federal Communications Commission as enhanced or value | ||||||
| 20 | added. "Telecommunications service" does not include: | ||||||
| 21 | (a) Data processing and information services | ||||||
| 22 | that allow data to be generated, acquired, stored, | ||||||
| 23 | processed, or retrieved and delivered by an | ||||||
| 24 | electronic transmission to a purchaser when such | ||||||
| 25 | purchaser's primary purpose for the underlying | ||||||
| 26 | transaction is the processed data or information; | ||||||
| |||||||
| |||||||
| 1 | (b) Installation or maintenance of wiring or | ||||||
| 2 | equipment on a customer's premises; | ||||||
| 3 | (c) Tangible personal property; | ||||||
| 4 | (d) Advertising, including but not limited to | ||||||
| 5 | directory advertising; . | ||||||
| 6 | (e) Billing and collection services provided | ||||||
| 7 | to third parties; | ||||||
| 8 | (f) Internet access service; | ||||||
| 9 | (g) Radio and television audio and video | ||||||
| 10 | programming services, regardless of the medium, | ||||||
| 11 | including the furnishing of transmission, | ||||||
| 12 | conveyance and routing of such services by the | ||||||
| 13 | programming service provider. Radio and television | ||||||
| 14 | audio and video programming services shall include | ||||||
| 15 | but not be limited to cable service as defined in | ||||||
| 16 | 47 USC 522(6) and audio and video programming | ||||||
| 17 | services delivered by commercial mobile radio | ||||||
| 18 | service providers, as defined in 47 CFR 20.3; | ||||||
| 19 | (h) "Ancillary services"; or | ||||||
| 20 | (i) Digital products "delivered | ||||||
| 21 | electronically", including but not limited to | ||||||
| 22 | software, music, video, reading materials or ring | ||||||
| 23 | tones. | ||||||
| 24 | "Vertical service" means an "ancillary service" | ||||||
| 25 | that is offered in connection with one or more | ||||||
| 26 | "telecommunications services", which offers advanced | ||||||
| |||||||
| |||||||
| 1 | calling features that allow customers to identify | ||||||
| 2 | callers and to manage multiple calls and call | ||||||
| 3 | connections, including "conference bridging services". | ||||||
| 4 | "Voice mail service" means an "ancillary service" | ||||||
| 5 | that enables the customer to store, send or receive | ||||||
| 6 | recorded messages. "Voice mail service" does not | ||||||
| 7 | include any "vertical services" that the customer may | ||||||
| 8 | be required to have in order to utilize the "voice mail | ||||||
| 9 | service". | ||||||
| 10 | (ii) Receipts from the sale of telecommunications | ||||||
| 11 | service sold on an individual call-by-call basis are in | ||||||
| 12 | this State if either of the following applies: | ||||||
| 13 | (a) The call both originates and terminates in | ||||||
| 14 | this State. | ||||||
| 15 | (b) The call either originates or terminates | ||||||
| 16 | in this State and the service address is located in | ||||||
| 17 | this State. | ||||||
| 18 | (iii) Receipts from the sale of postpaid | ||||||
| 19 | telecommunications service at retail are in this State | ||||||
| 20 | if the origination point of the telecommunication | ||||||
| 21 | signal, as first identified by the service provider's | ||||||
| 22 | telecommunication system or as identified by | ||||||
| 23 | information received by the seller from its service | ||||||
| 24 | provider if the system used to transport | ||||||
| 25 | telecommunication signals is not the seller's, is | ||||||
| 26 | located in this State. | ||||||
| |||||||
| |||||||
| 1 | (iv) Receipts from the sale of prepaid | ||||||
| 2 | telecommunications service or prepaid mobile | ||||||
| 3 | telecommunications service at retail are in this State | ||||||
| 4 | if the purchaser obtains the prepaid card or similar | ||||||
| 5 | means of conveyance at a location in this State. | ||||||
| 6 | Receipts from recharging a prepaid telecommunications | ||||||
| 7 | service or mobile telecommunications service is in | ||||||
| 8 | this State if the purchaser's billing information | ||||||
| 9 | indicates a location in this State. | ||||||
| 10 | (v) Receipts from the sale of private | ||||||
| 11 | communication services are in this State as follows: | ||||||
| 12 | (a) 100% of receipts from charges imposed at | ||||||
| 13 | each channel termination point in this State. | ||||||
| 14 | (b) 100% of receipts from charges for the total | ||||||
| 15 | channel mileage between each channel termination | ||||||
| 16 | point in this State. | ||||||
| 17 | (c) 50% of the total receipts from charges for | ||||||
| 18 | service segments when those segments are between 2 | ||||||
| 19 | customer channel termination points, 1 of which is | ||||||
| 20 | located in this State and the other is located | ||||||
| 21 | outside of this State, which segments are | ||||||
| 22 | separately charged. | ||||||
| 23 | (d) The receipts from charges for service | ||||||
| 24 | segments with a channel termination point located | ||||||
| 25 | in this State and in two or more other states, and | ||||||
| 26 | which segments are not separately billed, are in | ||||||
| |||||||
| |||||||
| 1 | this State based on a percentage determined by | ||||||
| 2 | dividing the number of customer channel | ||||||
| 3 | termination points in this State by the total | ||||||
| 4 | number of customer channel termination points. | ||||||
| 5 | (vi) Receipts from charges for ancillary services | ||||||
| 6 | for telecommunications service sold to customers at | ||||||
| 7 | retail are in this State if the customer's primary | ||||||
| 8 | place of use of telecommunications services associated | ||||||
| 9 | with those ancillary services is in this State. If the | ||||||
| 10 | seller of those ancillary services cannot determine | ||||||
| 11 | where the associated telecommunications are located, | ||||||
| 12 | then the ancillary services shall be based on the | ||||||
| 13 | location of the purchaser. | ||||||
| 14 | (vii) Receipts to access a carrier's network or | ||||||
| 15 | from the sale of telecommunication services or | ||||||
| 16 | ancillary services for resale are in this State as | ||||||
| 17 | follows: | ||||||
| 18 | (a) 100% of the receipts from access fees | ||||||
| 19 | attributable to intrastate telecommunications | ||||||
| 20 | service that both originates and terminates in | ||||||
| 21 | this State. | ||||||
| 22 | (b) 50% of the receipts from access fees | ||||||
| 23 | attributable to interstate telecommunications | ||||||
| 24 | service if the interstate call either originates | ||||||
| 25 | or terminates in this State. | ||||||
| 26 | (c) 100% of the receipts from interstate end | ||||||
| |||||||
| |||||||
| 1 | user access line charges, if the customer's | ||||||
| 2 | service address is in this State. As used in this | ||||||
| 3 | subdivision, "interstate end user access line | ||||||
| 4 | charges" includes, but is not limited to, the | ||||||
| 5 | surcharge approved by the federal communications | ||||||
| 6 | commission and levied pursuant to 47 CFR 69. | ||||||
| 7 | (d) Gross receipts from sales of | ||||||
| 8 | telecommunication services or from ancillary | ||||||
| 9 | services for telecommunications services sold to | ||||||
| 10 | other telecommunication service providers for | ||||||
| 11 | resale shall be sourced to this State using the | ||||||
| 12 | apportionment concepts used for non-resale | ||||||
| 13 | receipts of telecommunications services if the | ||||||
| 14 | information is readily available to make that | ||||||
| 15 | determination. If the information is not readily | ||||||
| 16 | available, then the taxpayer may use any other | ||||||
| 17 | reasonable and consistent method. | ||||||
| 18 | (B-7) For taxable years ending on or after December 31, | ||||||
| 19 | 2008, receipts from the sale of broadcasting services are | ||||||
| 20 | in this State if the broadcasting services are received in | ||||||
| 21 | this State. For purposes of this paragraph (B-7), the | ||||||
| 22 | following terms have the following meanings: | ||||||
| 23 | "Advertising revenue" means consideration received | ||||||
| 24 | by the taxpayer in exchange for broadcasting services | ||||||
| 25 | or allowing the broadcasting of commercials or | ||||||
| 26 | announcements in connection with the broadcasting of | ||||||
| |||||||
| |||||||
| 1 | film or radio programming, from sponsorships of the | ||||||
| 2 | programming, or from product placements in the | ||||||
| 3 | programming. | ||||||
| 4 | "Audience factor" means the ratio that the | ||||||
| 5 | audience or subscribers located in this State of a | ||||||
| 6 | station, a network, or a cable system bears to the | ||||||
| 7 | total audience or total subscribers for that station, | ||||||
| 8 | network, or cable system. The audience factor for film | ||||||
| 9 | or radio programming shall be determined by reference | ||||||
| 10 | to the books and records of the taxpayer or by | ||||||
| 11 | reference to published rating statistics provided the | ||||||
| 12 | method used by the taxpayer is consistently used from | ||||||
| 13 | year to year for this purpose and fairly represents the | ||||||
| 14 | taxpayer's activity in this State. | ||||||
| 15 | "Broadcast" or "broadcasting" or "broadcasting | ||||||
| 16 | services" means the transmission or provision of film | ||||||
| 17 | or radio programming, whether through the public | ||||||
| 18 | airwaves, by cable, by direct or indirect satellite | ||||||
| 19 | transmission, or by any other means of communication, | ||||||
| 20 | either through a station, a network, or a cable system. | ||||||
| 21 | "Film" or "film programming" means the broadcast | ||||||
| 22 | on television of any and all performances, events, or | ||||||
| 23 | productions, including but not limited to news, | ||||||
| 24 | sporting events, plays, stories, or other literary, | ||||||
| 25 | commercial, educational, or artistic works, either | ||||||
| 26 | live or through the use of video tape, disc, or any | ||||||
| |||||||
| |||||||
| 1 | other type of format or medium. Each episode of a | ||||||
| 2 | series of films produced for television shall | ||||||
| 3 | constitute separate "film" notwithstanding that the | ||||||
| 4 | series relates to the same principal subject and is | ||||||
| 5 | produced during one or more tax periods. | ||||||
| 6 | "Radio" or "radio programming" means the broadcast | ||||||
| 7 | on radio of any and all performances, events, or | ||||||
| 8 | productions, including but not limited to news, | ||||||
| 9 | sporting events, plays, stories, or other literary, | ||||||
| 10 | commercial, educational, or artistic works, either | ||||||
| 11 | live or through the use of an audio tape, disc, or any | ||||||
| 12 | other format or medium. Each episode in a series of | ||||||
| 13 | radio programming produced for radio broadcast shall | ||||||
| 14 | constitute a separate "radio programming" | ||||||
| 15 | notwithstanding that the series relates to the same | ||||||
| 16 | principal subject and is produced during one or more | ||||||
| 17 | tax periods. | ||||||
| 18 | (i) In the case of advertising revenue from | ||||||
| 19 | broadcasting, the customer is the advertiser and | ||||||
| 20 | the service is received in this State if the | ||||||
| 21 | commercial domicile of the advertiser is in this | ||||||
| 22 | State. | ||||||
| 23 | (ii) In the case where film or radio | ||||||
| 24 | programming is broadcast by a station, a network, | ||||||
| 25 | or a cable system for a fee or other remuneration | ||||||
| 26 | received from the recipient of the broadcast, the | ||||||
| |||||||
| |||||||
| 1 | portion of the service that is received in this | ||||||
| 2 | State is measured by the portion of the recipients | ||||||
| 3 | of the broadcast located in this State. | ||||||
| 4 | Accordingly, the fee or other remuneration for | ||||||
| 5 | such service that is included in the Illinois | ||||||
| 6 | numerator of the sales factor is the total of those | ||||||
| 7 | fees or other remuneration received from | ||||||
| 8 | recipients in Illinois. For purposes of this | ||||||
| 9 | paragraph, a taxpayer may determine the location | ||||||
| 10 | of the recipients of its broadcast using the | ||||||
| 11 | address of the recipient shown in its contracts | ||||||
| 12 | with the recipient or using the billing address of | ||||||
| 13 | the recipient in the taxpayer's records. | ||||||
| 14 | (iii) In the case where film or radio | ||||||
| 15 | programming is broadcast by a station, a network, | ||||||
| 16 | or a cable system for a fee or other remuneration | ||||||
| 17 | from the person providing the programming, the | ||||||
| 18 | portion of the broadcast service that is received | ||||||
| 19 | by such station, network, or cable system in this | ||||||
| 20 | State is measured by the portion of recipients of | ||||||
| 21 | the broadcast located in this State. Accordingly, | ||||||
| 22 | the amount of revenue related to such an | ||||||
| 23 | arrangement that is included in the Illinois | ||||||
| 24 | numerator of the sales factor is the total fee or | ||||||
| 25 | other total remuneration from the person providing | ||||||
| 26 | the programming related to that broadcast | ||||||
| |||||||
| |||||||
| 1 | multiplied by the Illinois audience factor for | ||||||
| 2 | that broadcast. | ||||||
| 3 | (iv) In the case where film or radio | ||||||
| 4 | programming is provided by a taxpayer that is a | ||||||
| 5 | network or station to a customer for broadcast in | ||||||
| 6 | exchange for a fee or other remuneration from that | ||||||
| 7 | customer the broadcasting service is received at | ||||||
| 8 | the location of the office of the customer from | ||||||
| 9 | which the services were ordered in the regular | ||||||
| 10 | course of the customer's trade or business. | ||||||
| 11 | Accordingly, in such a case the revenue derived by | ||||||
| 12 | the taxpayer that is included in the taxpayer's | ||||||
| 13 | Illinois numerator of the sales factor is the | ||||||
| 14 | revenue from such customers who receive the | ||||||
| 15 | broadcasting service in Illinois. | ||||||
| 16 | (v) In the case where film or radio programming | ||||||
| 17 | is provided by a taxpayer that is not a network or | ||||||
| 18 | station to another person for broadcasting in | ||||||
| 19 | exchange for a fee or other remuneration from that | ||||||
| 20 | person, the broadcasting service is received at | ||||||
| 21 | the location of the office of the customer from | ||||||
| 22 | which the services were ordered in the regular | ||||||
| 23 | course of the customer's trade or business. | ||||||
| 24 | Accordingly, in such a case the revenue derived by | ||||||
| 25 | the taxpayer that is included in the taxpayer's | ||||||
| 26 | Illinois numerator of the sales factor is the | ||||||
| |||||||
| |||||||
| 1 | revenue from such customers who receive the | ||||||
| 2 | broadcasting service in Illinois. | ||||||
| 3 | (B-8) Gross receipts from winnings under the Illinois | ||||||
| 4 | Lottery Law from the assignment of a prize under Section | ||||||
| 5 | 13.1 of the Illinois Lottery Law are received in this | ||||||
| 6 | State. This paragraph (B-8) applies only to taxable years | ||||||
| 7 | ending on or after December 31, 2013. | ||||||
| 8 | (C) For taxable years ending before December 31, 2008, | ||||||
| 9 | sales, other than sales governed by paragraphs (B), (B-1), | ||||||
| 10 | (B-2), and (B-8) are in
this State if:
| ||||||
| 11 | (i) The income-producing activity is performed in | ||||||
| 12 | this State; or
| ||||||
| 13 | (ii) The income-producing activity is performed | ||||||
| 14 | both within and
without this State and a greater | ||||||
| 15 | proportion of the income-producing
activity is | ||||||
| 16 | performed within this State than without this State, | ||||||
| 17 | based
on performance costs.
| ||||||
| 18 | (C-5) For taxable years ending on or after December 31, | ||||||
| 19 | 2008, sales, other than sales governed by paragraphs (B), | ||||||
| 20 | (B-1), (B-2), (B-5), and (B-7), are in this State if any of | ||||||
| 21 | the following criteria are met: | ||||||
| 22 | (i) Sales from the sale or lease of real property | ||||||
| 23 | are in this State if the property is located in this | ||||||
| 24 | State. | ||||||
| 25 | (ii) Sales from the lease or rental of tangible | ||||||
| 26 | personal property are in this State if the property is | ||||||
| |||||||
| |||||||
| 1 | located in this State during the rental period. Sales | ||||||
| 2 | from the lease or rental of tangible personal property | ||||||
| 3 | that is characteristically moving property, including, | ||||||
| 4 | but not limited to, motor vehicles, rolling stock, | ||||||
| 5 | aircraft, vessels, or mobile equipment are in this | ||||||
| 6 | State to the extent that the property is used in this | ||||||
| 7 | State. | ||||||
| 8 | (iii) In the case of interest, net gains (but not | ||||||
| 9 | less than zero) and other items of income from | ||||||
| 10 | intangible personal property, the sale is in this State | ||||||
| 11 | if: | ||||||
| 12 | (a) in the case of a taxpayer who is a dealer | ||||||
| 13 | in the item of intangible personal property within | ||||||
| 14 | the meaning of Section 475 of the Internal Revenue | ||||||
| 15 | Code, the income or gain is received from a | ||||||
| 16 | customer in this State. For purposes of this | ||||||
| 17 | subparagraph, a customer is in this State if the | ||||||
| 18 | customer is an individual, trust or estate who is a | ||||||
| 19 | resident of this State and, for all other | ||||||
| 20 | customers, if the customer's commercial domicile | ||||||
| 21 | is in this State. Unless the dealer has actual | ||||||
| 22 | knowledge of the residence or commercial domicile | ||||||
| 23 | of a customer during a taxable year, the customer | ||||||
| 24 | shall be deemed to be a customer in this State if | ||||||
| 25 | the billing address of the customer, as shown in | ||||||
| 26 | the records of the dealer, is in this State; or | ||||||
| |||||||
| |||||||
| 1 | (b) in all other cases, if the | ||||||
| 2 | income-producing activity of the taxpayer is | ||||||
| 3 | performed in this State or, if the | ||||||
| 4 | income-producing activity of the taxpayer is | ||||||
| 5 | performed both within and without this State, if a | ||||||
| 6 | greater proportion of the income-producing | ||||||
| 7 | activity of the taxpayer is performed within this | ||||||
| 8 | State than in any other state, based on performance | ||||||
| 9 | costs. | ||||||
| 10 | (iv) Sales of services are in this State if the | ||||||
| 11 | services are received in this State. For the purposes | ||||||
| 12 | of this section, gross receipts from the performance of | ||||||
| 13 | services provided to a corporation, partnership, or | ||||||
| 14 | trust may only be attributed to a state where that | ||||||
| 15 | corporation, partnership, or trust has a fixed place of | ||||||
| 16 | business. If the state where the services are received | ||||||
| 17 | is not readily determinable or is a state where the | ||||||
| 18 | corporation, partnership, or trust receiving the | ||||||
| 19 | service does not have a fixed place of business, the | ||||||
| 20 | services shall be deemed to be received at the location | ||||||
| 21 | of the office of the customer from which the services | ||||||
| 22 | were ordered in the regular course of the customer's | ||||||
| 23 | trade or business. If the ordering office cannot be | ||||||
| 24 | determined, the services shall be deemed to be received | ||||||
| 25 | at the office of the customer to which the services are | ||||||
| 26 | billed. If the taxpayer is not taxable in the state in | ||||||
| |||||||
| |||||||
| 1 | which the services are received, the sale must be | ||||||
| 2 | excluded from both the numerator and the denominator of | ||||||
| 3 | the sales factor. The Department shall adopt rules | ||||||
| 4 | prescribing where specific types of service are | ||||||
| 5 | received, including, but not limited to, publishing, | ||||||
| 6 | and utility service.
| ||||||
| 7 | (D) For taxable years ending on or after December 31, | ||||||
| 8 | 1995, the following
items of income shall not be included | ||||||
| 9 | in the numerator or denominator of the
sales factor: | ||||||
| 10 | dividends; amounts included under Section 78 of the | ||||||
| 11 | Internal
Revenue Code; and Subpart F income as defined in | ||||||
| 12 | Section 952 of the Internal
Revenue Code.
No inference | ||||||
| 13 | shall be drawn from the enactment of this paragraph (D) in
| ||||||
| 14 | construing this Section for taxable years ending before | ||||||
| 15 | December 31, 1995.
| ||||||
| 16 | (E) Paragraphs (B-1) and (B-2) shall apply to tax years | ||||||
| 17 | ending on or
after December 31, 1999, provided that a | ||||||
| 18 | taxpayer may elect to apply the
provisions of these | ||||||
| 19 | paragraphs to prior tax years. Such election shall be made
| ||||||
| 20 | in the form and manner prescribed by the Department, shall | ||||||
| 21 | be irrevocable, and
shall apply to all tax years; provided | ||||||
| 22 | that, if a taxpayer's Illinois income
tax liability for any | ||||||
| 23 | tax year, as assessed under Section 903 prior to January
1, | ||||||
| 24 | 1999, was computed in a manner contrary to the provisions | ||||||
| 25 | of paragraphs
(B-1) or (B-2), no refund shall be payable to | ||||||
| 26 | the taxpayer for that tax year to
the extent such refund is | ||||||
| |||||||
| |||||||
| 1 | the result of applying the provisions of paragraph
(B-1) or | ||||||
| 2 | (B-2) retroactively. In the case of a unitary business | ||||||
| 3 | group, such
election shall apply to all members of such | ||||||
| 4 | group for every tax year such group
is in existence, but | ||||||
| 5 | shall not apply to any taxpayer for any period during
which | ||||||
| 6 | that taxpayer is not a member of such group.
| ||||||
| 7 | (b) Insurance companies.
| ||||||
| 8 | (1) In general. Except as otherwise
provided by | ||||||
| 9 | paragraph (2), business income of an insurance company for | ||||||
| 10 | a
taxable year shall be apportioned to this State by | ||||||
| 11 | multiplying such
income by a fraction, the numerator of | ||||||
| 12 | which is the direct premiums
written for insurance upon | ||||||
| 13 | property or risk in this State, and the
denominator of | ||||||
| 14 | which is the direct premiums written for insurance upon
| ||||||
| 15 | property or risk everywhere. For purposes of this | ||||||
| 16 | subsection, the term
"direct premiums written" means the | ||||||
| 17 | total amount of direct premiums
written, assessments and | ||||||
| 18 | annuity considerations as reported for the
taxable year on | ||||||
| 19 | the annual statement filed by the company with the
Illinois | ||||||
| 20 | Director of Insurance in the form approved by the National
| ||||||
| 21 | Convention of Insurance Commissioners
or such other form as | ||||||
| 22 | may be
prescribed in lieu thereof.
| ||||||
| 23 | (2) Reinsurance. If the principal source of premiums | ||||||
| 24 | written by an
insurance company consists of premiums for | ||||||
| 25 | reinsurance accepted by it,
the business income of such | ||||||
| 26 | company shall be apportioned to this State
by multiplying | ||||||
| |||||||
| |||||||
| 1 | such income by a fraction, the numerator of which is the
| ||||||
| 2 | sum of (i) direct premiums written for insurance upon | ||||||
| 3 | property or risk
in this State, plus (ii) premiums written | ||||||
| 4 | for reinsurance accepted in
respect of property or risk in | ||||||
| 5 | this State, and the denominator of which
is the sum of | ||||||
| 6 | (iii) direct premiums written for insurance upon property
| ||||||
| 7 | or risk everywhere, plus (iv) premiums written for | ||||||
| 8 | reinsurance accepted
in respect of property or risk | ||||||
| 9 | everywhere. For purposes of this
paragraph, premiums | ||||||
| 10 | written for reinsurance accepted in respect of
property or | ||||||
| 11 | risk in this State, whether or not otherwise determinable,
| ||||||
| 12 | may, at the election of the company, be determined on the | ||||||
| 13 | basis of the
proportion which premiums written for | ||||||
| 14 | reinsurance accepted from
companies commercially domiciled | ||||||
| 15 | in Illinois bears to premiums written
for reinsurance | ||||||
| 16 | accepted from all sources, or, alternatively, in the
| ||||||
| 17 | proportion which the sum of the direct premiums written for | ||||||
| 18 | insurance
upon property or risk in this State by each | ||||||
| 19 | ceding company from which
reinsurance is accepted bears to | ||||||
| 20 | the sum of the total direct premiums
written by each such | ||||||
| 21 | ceding company for the taxable year. The election made by a | ||||||
| 22 | company under this paragraph for its first taxable year | ||||||
| 23 | ending on or after December 31, 2011, shall be binding for | ||||||
| 24 | that company for that taxable year and for all subsequent | ||||||
| 25 | taxable years, and may be altered only with the written | ||||||
| 26 | permission of the Department, which shall not be | ||||||
| |||||||
| |||||||
| 1 | unreasonably withheld.
| ||||||
| 2 | (c) Financial organizations.
| ||||||
| 3 | (1) In general. For taxable years ending before | ||||||
| 4 | December 31, 2008, business income of a financial
| ||||||
| 5 | organization shall be apportioned to this State by | ||||||
| 6 | multiplying such
income by a fraction, the numerator of | ||||||
| 7 | which is its business income from
sources within this | ||||||
| 8 | State, and the denominator of which is its business
income | ||||||
| 9 | from all sources. For the purposes of this subsection, the
| ||||||
| 10 | business income of a financial organization from sources | ||||||
| 11 | within this
State is the sum of the amounts referred to in | ||||||
| 12 | subparagraphs (A) through
(E) following, but excluding the | ||||||
| 13 | adjusted income of an international banking
facility as | ||||||
| 14 | determined in paragraph (2):
| ||||||
| 15 | (A) Fees, commissions or other compensation for | ||||||
| 16 | financial services
rendered within this State;
| ||||||
| 17 | (B) Gross profits from trading in stocks, bonds or | ||||||
| 18 | other securities
managed within this State;
| ||||||
| 19 | (C) Dividends, and interest from Illinois | ||||||
| 20 | customers, which are received
within this State;
| ||||||
| 21 | (D) Interest charged to customers at places of | ||||||
| 22 | business maintained
within this State for carrying | ||||||
| 23 | debit balances of margin accounts,
without deduction | ||||||
| 24 | of any costs incurred in carrying such accounts; and
| ||||||
| 25 | (E) Any other gross income resulting from the | ||||||
| 26 | operation as a
financial organization within this | ||||||
| |||||||
| |||||||
| 1 | State. In computing the amounts
referred to in | ||||||
| 2 | paragraphs (A) through (E) of this subsection, any | ||||||
| 3 | amount
received by a member of an affiliated group | ||||||
| 4 | (determined under Section
1504(a) of the Internal | ||||||
| 5 | Revenue Code but without reference to whether
any such | ||||||
| 6 | corporation is an "includible corporation" under | ||||||
| 7 | Section
1504(b) of the Internal Revenue Code) from | ||||||
| 8 | another member of such group
shall be included only to | ||||||
| 9 | the extent such amount exceeds expenses of the
| ||||||
| 10 | recipient directly related thereto.
| ||||||
| 11 | (2) International Banking Facility. For taxable years | ||||||
| 12 | ending before December 31, 2008:
| ||||||
| 13 | (A) Adjusted Income. The adjusted income of an | ||||||
| 14 | international banking
facility is its income reduced | ||||||
| 15 | by the amount of the floor amount.
| ||||||
| 16 | (B) Floor Amount. The floor amount shall be the | ||||||
| 17 | amount, if any,
determined
by multiplying the income of | ||||||
| 18 | the international banking facility by a fraction,
not | ||||||
| 19 | greater than one, which is determined as follows:
| ||||||
| 20 | (i) The numerator shall be:
| ||||||
| 21 | The average aggregate, determined on a | ||||||
| 22 | quarterly basis, of the
financial
organization's | ||||||
| 23 | loans to banks in foreign countries, to foreign | ||||||
| 24 | domiciled
borrowers (except where secured | ||||||
| 25 | primarily by real estate) and to foreign
| ||||||
| 26 | governments and other foreign official | ||||||
| |||||||
| |||||||
| 1 | institutions, as reported for its
branches, | ||||||
| 2 | agencies and offices within the state on its | ||||||
| 3 | "Consolidated Report
of Condition", Schedule A, | ||||||
| 4 | Lines 2.c., 5.b., and 7.a., which was filed with
| ||||||
| 5 | the Federal Deposit Insurance Corporation and | ||||||
| 6 | other regulatory authorities,
for the year 1980, | ||||||
| 7 | minus
| ||||||
| 8 | The average aggregate, determined on a | ||||||
| 9 | quarterly basis, of such loans
(other
than loans of | ||||||
| 10 | an international banking facility), as reported by | ||||||
| 11 | the financial
institution for its branches, | ||||||
| 12 | agencies and offices within the state, on
the | ||||||
| 13 | corresponding Schedule and lines of the | ||||||
| 14 | Consolidated Report of Condition
for the current | ||||||
| 15 | taxable year, provided, however, that in no case | ||||||
| 16 | shall the
amount determined in this clause (the | ||||||
| 17 | subtrahend) exceed the amount determined
in the | ||||||
| 18 | preceding clause (the minuend); and
| ||||||
| 19 | (ii) the denominator shall be the average | ||||||
| 20 | aggregate, determined on a
quarterly basis, of the | ||||||
| 21 | international banking facility's loans to banks in
| ||||||
| 22 | foreign countries, to foreign domiciled borrowers | ||||||
| 23 | (except where secured
primarily by real estate) | ||||||
| 24 | and to foreign governments and other foreign
| ||||||
| 25 | official institutions, which were recorded in its | ||||||
| 26 | financial accounts for
the current taxable year.
| ||||||
| |||||||
| |||||||
| 1 | (C) Change to Consolidated Report of Condition and | ||||||
| 2 | in Qualification.
In the event the Consolidated Report | ||||||
| 3 | of Condition which is filed with the
Federal Deposit | ||||||
| 4 | Insurance Corporation and other regulatory authorities | ||||||
| 5 | is
altered so that the information required for | ||||||
| 6 | determining the floor amount
is not found on Schedule | ||||||
| 7 | A, lines 2.c., 5.b. and 7.a., the financial
institution | ||||||
| 8 | shall notify the Department and the Department may, by
| ||||||
| 9 | regulations or otherwise, prescribe or authorize the | ||||||
| 10 | use of an alternative
source for such information. The | ||||||
| 11 | financial institution shall also notify
the Department | ||||||
| 12 | should its international banking facility fail to | ||||||
| 13 | qualify as
such, in whole or in part, or should there | ||||||
| 14 | be any amendment or change to
the Consolidated Report | ||||||
| 15 | of Condition, as originally filed, to the extent
such | ||||||
| 16 | amendment or change alters the information used in | ||||||
| 17 | determining the floor
amount.
| ||||||
| 18 | (3) For taxable years ending on or after December 31, | ||||||
| 19 | 2008, the business income of a financial organization shall | ||||||
| 20 | be apportioned to this State by multiplying such income by | ||||||
| 21 | a fraction, the numerator of which is its gross receipts | ||||||
| 22 | from sources in this State or otherwise attributable to | ||||||
| 23 | this State's marketplace and the denominator of which is | ||||||
| 24 | its gross receipts everywhere during the taxable year. | ||||||
| 25 | "Gross receipts" for purposes of this subparagraph (3) | ||||||
| 26 | means gross income, including net taxable gain on | ||||||
| |||||||
| |||||||
| 1 | disposition of assets, including securities and money | ||||||
| 2 | market instruments, when derived from transactions and | ||||||
| 3 | activities in the regular course of the financial | ||||||
| 4 | organization's trade or business. The following examples | ||||||
| 5 | are illustrative:
| ||||||
| 6 | (i) Receipts from the lease or rental of real or | ||||||
| 7 | tangible personal property are in this State if the | ||||||
| 8 | property is located in this State during the rental | ||||||
| 9 | period. Receipts from the lease or rental of tangible | ||||||
| 10 | personal property that is characteristically moving | ||||||
| 11 | property, including, but not limited to, motor | ||||||
| 12 | vehicles, rolling stock, aircraft, vessels, or mobile | ||||||
| 13 | equipment are from sources in this State to the extent | ||||||
| 14 | that the property is used in this State. | ||||||
| 15 | (ii) Interest income, commissions, fees, gains on | ||||||
| 16 | disposition, and other receipts from assets in the | ||||||
| 17 | nature of loans that are secured primarily by real | ||||||
| 18 | estate or tangible personal property are from sources | ||||||
| 19 | in this State if the security is located in this State. | ||||||
| 20 | (iii) Interest income, commissions, fees, gains on | ||||||
| 21 | disposition, and other receipts from consumer loans | ||||||
| 22 | that are not secured by real or tangible personal | ||||||
| 23 | property are from sources in this State if the debtor | ||||||
| 24 | is a resident of this State. | ||||||
| 25 | (iv) Interest income, commissions, fees, gains on | ||||||
| 26 | disposition, and other receipts from commercial loans | ||||||
| |||||||
| |||||||
| 1 | and installment obligations that are not secured by | ||||||
| 2 | real or tangible personal property are from sources in | ||||||
| 3 | this State if the proceeds of the loan are to be | ||||||
| 4 | applied in this State. If it cannot be determined where | ||||||
| 5 | the funds are to be applied, the income and receipts | ||||||
| 6 | are from sources in this State if the office of the | ||||||
| 7 | borrower from which the loan was negotiated in the | ||||||
| 8 | regular course of business is located in this State. If | ||||||
| 9 | the location of this office cannot be determined, the | ||||||
| 10 | income and receipts shall be excluded from the | ||||||
| 11 | numerator and denominator of the sales factor.
| ||||||
| 12 | (v) Interest income, fees, gains on disposition, | ||||||
| 13 | service charges, merchant discount income, and other | ||||||
| 14 | receipts from credit card receivables are from sources | ||||||
| 15 | in this State if the card charges are regularly billed | ||||||
| 16 | to a customer in this State. | ||||||
| 17 | (vi) Receipts from the performance of services, | ||||||
| 18 | including, but not limited to, fiduciary, advisory, | ||||||
| 19 | and brokerage services, are in this State if the | ||||||
| 20 | services are received in this State within the meaning | ||||||
| 21 | of subparagraph (a)(3)(C-5)(iv) of this Section. | ||||||
| 22 | (vii) Receipts from the issuance of travelers | ||||||
| 23 | checks and money orders are from sources in this State | ||||||
| 24 | if the checks and money orders are issued from a | ||||||
| 25 | location within this State. | ||||||
| 26 | (viii) Receipts from investment assets and | ||||||
| |||||||
| |||||||
| 1 | activities and trading assets and activities are | ||||||
| 2 | included in the receipts factor as follows: | ||||||
| 3 | (1) Interest, dividends, net gains (but not | ||||||
| 4 | less than zero) and other income from investment | ||||||
| 5 | assets and activities from trading assets and | ||||||
| 6 | activities shall be included in the receipts | ||||||
| 7 | factor. Investment assets and activities and | ||||||
| 8 | trading assets and activities include but are not | ||||||
| 9 | limited to: investment securities; trading account | ||||||
| 10 | assets; federal funds; securities purchased and | ||||||
| 11 | sold under agreements to resell or repurchase; | ||||||
| 12 | options; futures contracts; forward contracts; | ||||||
| 13 | notional principal contracts such as swaps; | ||||||
| 14 | equities; and foreign currency transactions. With | ||||||
| 15 | respect to the investment and trading assets and | ||||||
| 16 | activities described in subparagraphs (A) and (B) | ||||||
| 17 | of this paragraph, the receipts factor shall | ||||||
| 18 | include the amounts described in such | ||||||
| 19 | subparagraphs. | ||||||
| 20 | (A) The receipts factor shall include the | ||||||
| 21 | amount by which interest from federal funds | ||||||
| 22 | sold and securities purchased under resale | ||||||
| 23 | agreements exceeds interest expense on federal | ||||||
| 24 | funds purchased and securities sold under | ||||||
| 25 | repurchase agreements. | ||||||
| 26 | (B) The receipts factor shall include the | ||||||
| |||||||
| |||||||
| 1 | amount by which interest, dividends, gains and | ||||||
| 2 | other income from trading assets and | ||||||
| 3 | activities, including but not limited to | ||||||
| 4 | assets and activities in the matched book, in | ||||||
| 5 | the arbitrage book, and foreign currency | ||||||
| 6 | transactions, exceed amounts paid in lieu of | ||||||
| 7 | interest, amounts paid in lieu of dividends, | ||||||
| 8 | and losses from such assets and activities. | ||||||
| 9 | (2) The numerator of the receipts factor | ||||||
| 10 | includes interest, dividends, net gains (but not | ||||||
| 11 | less than zero), and other income from investment | ||||||
| 12 | assets and activities and from trading assets and | ||||||
| 13 | activities described in paragraph (1) of this | ||||||
| 14 | subsection that are attributable to this State. | ||||||
| 15 | (A) The amount of interest, dividends, net | ||||||
| 16 | gains (but not less than zero), and other | ||||||
| 17 | income from investment assets and activities | ||||||
| 18 | in the investment account to be attributed to | ||||||
| 19 | this State and included in the numerator is | ||||||
| 20 | determined by multiplying all such income from | ||||||
| 21 | such assets and activities by a fraction, the | ||||||
| 22 | numerator of which is the gross income from | ||||||
| 23 | such assets and activities which are properly | ||||||
| 24 | assigned to a fixed place of business of the | ||||||
| 25 | taxpayer within this State and the denominator | ||||||
| 26 | of which is the gross income from all such | ||||||
| |||||||
| |||||||
| 1 | assets and activities. | ||||||
| 2 | (B) The amount of interest from federal | ||||||
| 3 | funds sold and purchased and from securities | ||||||
| 4 | purchased under resale agreements and | ||||||
| 5 | securities sold under repurchase agreements | ||||||
| 6 | attributable to this State and included in the | ||||||
| 7 | numerator is determined by multiplying the | ||||||
| 8 | amount described in subparagraph (A) of | ||||||
| 9 | paragraph (1) of this subsection from such | ||||||
| 10 | funds and such securities by a fraction, the | ||||||
| 11 | numerator of which is the gross income from | ||||||
| 12 | such funds and such securities which are | ||||||
| 13 | properly assigned to a fixed place of business | ||||||
| 14 | of the taxpayer within this State and the | ||||||
| 15 | denominator of which is the gross income from | ||||||
| 16 | all such funds and such securities. | ||||||
| 17 | (C) The amount of interest, dividends, | ||||||
| 18 | gains, and other income from trading assets and | ||||||
| 19 | activities, including but not limited to | ||||||
| 20 | assets and activities in the matched book, in | ||||||
| 21 | the arbitrage book and foreign currency | ||||||
| 22 | transactions (but excluding amounts described | ||||||
| 23 | in subparagraphs (A) or (B) of this paragraph), | ||||||
| 24 | attributable to this State and included in the | ||||||
| 25 | numerator is determined by multiplying the | ||||||
| 26 | amount described in subparagraph (B) of | ||||||
| |||||||
| |||||||
| 1 | paragraph (1) of this subsection by a fraction, | ||||||
| 2 | the numerator of which is the gross income from | ||||||
| 3 | such trading assets and activities which are | ||||||
| 4 | properly assigned to a fixed place of business | ||||||
| 5 | of the taxpayer within this State and the | ||||||
| 6 | denominator of which is the gross income from | ||||||
| 7 | all such assets and activities. | ||||||
| 8 | (D) Properly assigned, for purposes of | ||||||
| 9 | this paragraph (2) of this subsection, means | ||||||
| 10 | the investment or trading asset or activity is | ||||||
| 11 | assigned to the fixed place of business with | ||||||
| 12 | which it has a preponderance of substantive | ||||||
| 13 | contacts. An investment or trading asset or | ||||||
| 14 | activity assigned by the taxpayer to a fixed | ||||||
| 15 | place of business without the State shall be | ||||||
| 16 | presumed to have been properly assigned if: | ||||||
| 17 | (i) the taxpayer has assigned, in the | ||||||
| 18 | regular course of its business, such asset | ||||||
| 19 | or activity on its records to a fixed place | ||||||
| 20 | of business consistent with federal or | ||||||
| 21 | state regulatory requirements; | ||||||
| 22 | (ii) such assignment on its records is | ||||||
| 23 | based upon substantive contacts of the | ||||||
| 24 | asset or activity to such fixed place of | ||||||
| 25 | business; and | ||||||
| 26 | (iii) the taxpayer uses such records | ||||||
| |||||||
| |||||||
| 1 | reflecting assignment of such assets or | ||||||
| 2 | activities for the filing of all state and | ||||||
| 3 | local tax returns for which an assignment | ||||||
| 4 | of such assets or activities to a fixed | ||||||
| 5 | place of business is required. | ||||||
| 6 | (E) The presumption of proper assignment | ||||||
| 7 | of an investment or trading asset or activity | ||||||
| 8 | provided in subparagraph (D) of paragraph (2) | ||||||
| 9 | of this subsection may be rebutted upon a | ||||||
| 10 | showing by the Department, supported by a | ||||||
| 11 | preponderance of the evidence, that the | ||||||
| 12 | preponderance of substantive contacts | ||||||
| 13 | regarding such asset or activity did not occur | ||||||
| 14 | at the fixed place of business to which it was | ||||||
| 15 | assigned on the taxpayer's records. If the | ||||||
| 16 | fixed place of business that has a | ||||||
| 17 | preponderance of substantive contacts cannot | ||||||
| 18 | be determined for an investment or trading | ||||||
| 19 | asset or activity to which the presumption in | ||||||
| 20 | subparagraph (D) of paragraph (2) of this | ||||||
| 21 | subsection does not apply or with respect to | ||||||
| 22 | which that presumption has been rebutted, that | ||||||
| 23 | asset or activity is properly assigned to the | ||||||
| 24 | state in which the taxpayer's commercial | ||||||
| 25 | domicile is located. For purposes of this | ||||||
| 26 | subparagraph (E), it shall be presumed, | ||||||
| |||||||
| |||||||
| 1 | subject to rebuttal, that taxpayer's | ||||||
| 2 | commercial domicile is in the state of the | ||||||
| 3 | United States or the District of Columbia to | ||||||
| 4 | which the greatest number of employees are | ||||||
| 5 | regularly connected with the management of the | ||||||
| 6 | investment or trading income or out of which | ||||||
| 7 | they are working, irrespective of where the | ||||||
| 8 | services of such employees are performed, as of | ||||||
| 9 | the last day of the taxable year.
| ||||||
| 10 | (4) (Blank). | ||||||
| 11 | (5) (Blank). | ||||||
| 12 | (c-1) Federally regulated exchanges. For taxable years | ||||||
| 13 | ending on or after December 31, 2012, business income of a | ||||||
| 14 | federally regulated exchange shall, at the option of the | ||||||
| 15 | federally regulated exchange, be apportioned to this State by | ||||||
| 16 | multiplying such income by a fraction, the numerator of which | ||||||
| 17 | is its business income from sources within this State, and the | ||||||
| 18 | denominator of which is its business income from all sources. | ||||||
| 19 | For purposes of this subsection, the business income within | ||||||
| 20 | this State of a federally regulated exchange is the sum of the | ||||||
| 21 | following: | ||||||
| 22 | (1) Receipts attributable to transactions executed on | ||||||
| 23 | a physical trading floor if that physical trading floor is | ||||||
| 24 | located in this State. | ||||||
| 25 | (2) Receipts attributable to all other matching, | ||||||
| 26 | execution, or clearing transactions, including without | ||||||
| |||||||
| |||||||
| 1 | limitation receipts from the provision of matching, | ||||||
| 2 | execution, or clearing services to another entity, | ||||||
| 3 | multiplied by (i) for taxable years ending on or after | ||||||
| 4 | December 31, 2012 but before December 31, 2013, 63.77%; and | ||||||
| 5 | (ii) for taxable years ending on or after December 31, | ||||||
| 6 | 2013, 27.54%. | ||||||
| 7 | (3) All other receipts not governed by subparagraphs | ||||||
| 8 | (1) or (2) of this subsection (c-1), to the extent the | ||||||
| 9 | receipts would be characterized as "sales in this State" | ||||||
| 10 | under item (3) of subsection (a) of this Section. | ||||||
| 11 | "Federally regulated exchange" means (i) a "registered | ||||||
| 12 | entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B), | ||||||
| 13 | or (C), (ii) an "exchange" or "clearing agency" within the | ||||||
| 14 | meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such | ||||||
| 15 | entities regulated under any successor regulatory structure to | ||||||
| 16 | the foregoing, and (iv) all taxpayers who are members of the | ||||||
| 17 | same unitary business group as a federally regulated exchange, | ||||||
| 18 | determined without regard to the prohibition in Section | ||||||
| 19 | 1501(a)(27) of this Act against including in a unitary business | ||||||
| 20 | group taxpayers who are ordinarily required to apportion | ||||||
| 21 | business income under different subsections of this Section; | ||||||
| 22 | provided that this subparagraph (iv) shall apply only if 50% or | ||||||
| 23 | more of the business receipts of the unitary business group | ||||||
| 24 | determined by application of this subparagraph (iv) for the | ||||||
| 25 | taxable year are attributable to the matching, execution, or | ||||||
| 26 | clearing of transactions conducted by an entity described in | ||||||
| |||||||
| |||||||
| 1 | subparagraph (i), (ii), or (iii) of this paragraph. | ||||||
| 2 | In no event shall the Illinois apportionment percentage | ||||||
| 3 | computed in accordance with this subsection (c-1) for any | ||||||
| 4 | taxpayer for any tax year be less than the Illinois | ||||||
| 5 | apportionment percentage computed under this subsection (c-1) | ||||||
| 6 | for that taxpayer for the first full tax year ending on or | ||||||
| 7 | after December 31, 2013 for which this subsection (c-1) applied | ||||||
| 8 | to the taxpayer. | ||||||
| 9 | (d) Transportation services. For taxable years ending | ||||||
| 10 | before December 31, 2008, business income derived from | ||||||
| 11 | furnishing
transportation services shall be apportioned to | ||||||
| 12 | this State in accordance
with paragraphs (1) and (2):
| ||||||
| 13 | (1) Such business income (other than that derived from
| ||||||
| 14 | transportation by pipeline) shall be apportioned to this | ||||||
| 15 | State by
multiplying such income by a fraction, the | ||||||
| 16 | numerator of which is the
revenue miles of the person in | ||||||
| 17 | this State, and the denominator of which
is the revenue | ||||||
| 18 | miles of the person everywhere. For purposes of this
| ||||||
| 19 | paragraph, a revenue mile is the transportation of 1 | ||||||
| 20 | passenger or 1 net
ton of freight the distance of 1 mile | ||||||
| 21 | for a consideration. Where a
person is engaged in the | ||||||
| 22 | transportation of both passengers and freight,
the | ||||||
| 23 | fraction above referred to shall be determined by means of | ||||||
| 24 | an
average of the passenger revenue mile fraction and the | ||||||
| 25 | freight revenue
mile fraction, weighted to reflect the | ||||||
| 26 | person's
| ||||||
| |||||||
| |||||||
| 1 | (A) relative railway operating income from total | ||||||
| 2 | passenger and total
freight service, as reported to the | ||||||
| 3 | Interstate Commerce Commission, in
the case of | ||||||
| 4 | transportation by railroad, and
| ||||||
| 5 | (B) relative gross receipts from passenger and | ||||||
| 6 | freight
transportation, in case of transportation | ||||||
| 7 | other than by railroad.
| ||||||
| 8 | (2) Such business income derived from transportation | ||||||
| 9 | by pipeline
shall be apportioned to this State by | ||||||
| 10 | multiplying such income by a
fraction, the numerator of | ||||||
| 11 | which is the revenue miles of the person in
this State, and | ||||||
| 12 | the denominator of which is the revenue miles of the
person | ||||||
| 13 | everywhere. For the purposes of this paragraph, a revenue | ||||||
| 14 | mile is
the transportation by pipeline of 1 barrel of oil, | ||||||
| 15 | 1,000 cubic feet of
gas, or of any specified quantity of | ||||||
| 16 | any other substance, the distance
of 1 mile for a | ||||||
| 17 | consideration.
| ||||||
| 18 | (3) For taxable years ending on or after December 31, | ||||||
| 19 | 2008, business income derived from providing | ||||||
| 20 | transportation services other than airline services shall | ||||||
| 21 | be apportioned to this State by using a fraction, (a) the | ||||||
| 22 | numerator of which shall be (i) all receipts from any | ||||||
| 23 | movement or shipment of people, goods, mail, oil, gas, or | ||||||
| 24 | any other substance (other than by airline) that both | ||||||
| 25 | originates and terminates in this State, plus (ii) that | ||||||
| 26 | portion of the person's gross receipts from movements or | ||||||
| |||||||
| |||||||
| 1 | shipments of people, goods, mail, oil, gas, or any other | ||||||
| 2 | substance (other than by airline) that originates in one | ||||||
| 3 | state or jurisdiction and terminates in another state or | ||||||
| 4 | jurisdiction, that is determined by the ratio that the | ||||||
| 5 | miles traveled in this State bears to total miles | ||||||
| 6 | everywhere and (b) the denominator of which shall be all | ||||||
| 7 | revenue derived from the movement or shipment of people, | ||||||
| 8 | goods, mail, oil, gas, or any other substance (other than | ||||||
| 9 | by airline). Where a taxpayer is engaged in the | ||||||
| 10 | transportation of both passengers and freight, the | ||||||
| 11 | fraction above referred to shall first be determined | ||||||
| 12 | separately for passenger miles and freight miles. Then an | ||||||
| 13 | average of the passenger miles fraction and the freight | ||||||
| 14 | miles fraction shall be weighted to reflect the taxpayer's: | ||||||
| 15 | (A) relative railway operating income from total | ||||||
| 16 | passenger and total freight service, as reported to the | ||||||
| 17 | Surface Transportation Board, in the case of | ||||||
| 18 | transportation by railroad; and | ||||||
| 19 | (B) relative gross receipts from passenger and | ||||||
| 20 | freight transportation, in case of transportation | ||||||
| 21 | other than by railroad.
| ||||||
| 22 | (4) For taxable years ending on or after December 31, | ||||||
| 23 | 2008, business income derived from furnishing airline
| ||||||
| 24 | transportation services shall be apportioned to this State | ||||||
| 25 | by
multiplying such income by a fraction, the numerator of | ||||||
| 26 | which is the
revenue miles of the person in this State, and | ||||||
| |||||||
| |||||||
| 1 | the denominator of which
is the revenue miles of the person | ||||||
| 2 | everywhere. For purposes of this
paragraph, a revenue mile | ||||||
| 3 | is the transportation of one passenger or one net
ton of | ||||||
| 4 | freight the distance of one mile for a consideration. If a
| ||||||
| 5 | person is engaged in the transportation of both passengers | ||||||
| 6 | and freight,
the fraction above referred to shall be | ||||||
| 7 | determined by means of an
average of the passenger revenue | ||||||
| 8 | mile fraction and the freight revenue
mile fraction, | ||||||
| 9 | weighted to reflect the person's relative gross receipts | ||||||
| 10 | from passenger and freight
airline transportation.
| ||||||
| 11 | (e) Combined apportionment. Where 2 or more persons are | ||||||
| 12 | engaged in
a unitary business as described in subsection | ||||||
| 13 | (a)(27) of
Section 1501,
a part of which is conducted in this | ||||||
| 14 | State by one or more members of the
group, the business income | ||||||
| 15 | attributable to this State by any such member
or members shall | ||||||
| 16 | be apportioned by means of the combined apportionment method.
| ||||||
| 17 | (f) Alternative allocation. If the allocation and | ||||||
| 18 | apportionment
provisions of subsections (a) through (e) and of | ||||||
| 19 | subsection (h) do not, for taxable years ending before December | ||||||
| 20 | 31, 2008, fairly represent the
extent of a person's business | ||||||
| 21 | activity in this State, or, for taxable years ending on or | ||||||
| 22 | after December 31, 2008, fairly represent the market for the | ||||||
| 23 | person's goods, services, or other sources of business income, | ||||||
| 24 | the person may
petition for, or the Director may, without a | ||||||
| 25 | petition, permit or require, in respect of all or any part
of | ||||||
| 26 | the person's business activity, if reasonable:
| ||||||
| |||||||
| |||||||
| 1 | (1) Separate accounting;
| ||||||
| 2 | (2) The exclusion of any one or more factors;
| ||||||
| 3 | (3) The inclusion of one or more additional factors | ||||||
| 4 | which will
fairly represent the person's business | ||||||
| 5 | activities or market in this State; or
| ||||||
| 6 | (4) The employment of any other method to effectuate an | ||||||
| 7 | equitable
allocation and apportionment of the person's | ||||||
| 8 | business income.
| ||||||
| 9 | (g) Cross reference. For allocation of business income by | ||||||
| 10 | residents,
see Section 301(a).
| ||||||
| 11 | (h) For tax years ending on or after December 31, 1998, the | ||||||
| 12 | apportionment
factor of persons who apportion their business | ||||||
| 13 | income to this State under
subsection (a) shall be equal to:
| ||||||
| 14 | (1) for tax years ending on or after December 31, 1998 | ||||||
| 15 | and before December
31, 1999, 16 2/3% of the property | ||||||
| 16 | factor plus 16 2/3% of the payroll factor
plus
66 2/3% of | ||||||
| 17 | the sales factor;
| ||||||
| 18 | (2) for tax years ending on or after December 31, 1999 | ||||||
| 19 | and before December
31,
2000, 8 1/3% of the property factor | ||||||
| 20 | plus 8 1/3% of the payroll factor plus 83
1/3%
of the sales | ||||||
| 21 | factor;
| ||||||
| 22 | (3) for tax years ending on or after December 31, 2000, | ||||||
| 23 | the sales factor.
| ||||||
| 24 | If, in any tax year ending on or after December 31, 1998 and | ||||||
| 25 | before December
31, 2000, the denominator of the payroll, | ||||||
| 26 | property, or sales factor is zero,
the apportionment
factor | ||||||
| |||||||
| |||||||
| 1 | computed in paragraph (1) or (2) of this subsection for that | ||||||
| 2 | year shall
be divided by an amount equal to 100% minus the | ||||||
| 3 | percentage weight given to each
factor whose denominator is | ||||||
| 4 | equal to zero.
| ||||||
| 5 | (Source: P.A. 98-478, eff. 1-1-14; 98-496, eff. 1-1-14; 98-756, | ||||||
| 6 | eff. 7-16-14; 99-642, eff. 7-28-16; revised 11-14-16.)
| ||||||
| 7 | (35 ILCS 5/507GG)
| ||||||
| 8 | Sec. 507GG. Diabetes Research Checkoff Fund checkoff. For
| ||||||
| 9 | taxable years ending on or after December 31, 2005, the
| ||||||
| 10 | Department must print on its standard individual income tax
| ||||||
| 11 | form a provision indicating that if the taxpayer wishes to
| ||||||
| 12 | contribute to the Diabetes Research Checkoff Fund, as | ||||||
| 13 | authorized
by Public Act 94-107, he or she
may do so by stating | ||||||
| 14 | the amount of the contribution (not less
than $1) on the return | ||||||
| 15 | and that the contribution will reduce the taxpayer's refund or | ||||||
| 16 | increase the amount of payment to
accompany the return. Failure | ||||||
| 17 | to remit any amount of increased payment shall reduce the | ||||||
| 18 | contribution accordingly. This Section does not apply to any | ||||||
| 19 | amended return.
| ||||||
| 20 | (Source: P.A. 94-107, eff. 7-1-05; 95-331, eff. 8-21-07; | ||||||
| 21 | revised 9-9-16.)
| ||||||
| 22 | (35 ILCS 5/709.5)
| ||||||
| 23 | Sec. 709.5. Withholding by partnerships, Subchapter S | ||||||
| 24 | corporations, and trusts. | ||||||
| |||||||
| |||||||
| 1 | (a) In general. For each taxable year ending on or after | ||||||
| 2 | December 31, 2008, every partnership (other than a publicly | ||||||
| 3 | traded partnership under Section 7704 of the Internal Revenue | ||||||
| 4 | Code or investment partnership), Subchapter S corporation, and | ||||||
| 5 | trust must withhold from each nonresident partner, | ||||||
| 6 | shareholder, or beneficiary (other than a partner, | ||||||
| 7 | shareholder, or beneficiary who is exempt from tax under | ||||||
| 8 | Section 501(a) of the Internal Revenue Code or under Section | ||||||
| 9 | 205 of this Act, who is included on a composite return filed by | ||||||
| 10 | the partnership or Subchapter S corporation for the taxable | ||||||
| 11 | year under subsection (f) of Section 502 of this Act), or who | ||||||
| 12 | is a retired partner, to the extent that partner's | ||||||
| 13 | distributions are exempt from tax under Section 203(a)(2)(F) of | ||||||
| 14 | this Act) an amount equal to the sum of (i) the share of | ||||||
| 15 | business income of the partnership, Subchapter S corporation, | ||||||
| 16 | or trust apportionable to Illinois plus (ii) for taxable years | ||||||
| 17 | ending on or after December 31, 2014, the share of nonbusiness | ||||||
| 18 | income of the partnership, Subchapter S corporation, or trust | ||||||
| 19 | allocated to Illinois under Section 303 of this Act (other than | ||||||
| 20 | an amount allocated to the commercial domicile of the taxpayer | ||||||
| 21 | under Section 303 of this Act) that is distributable to that | ||||||
| 22 | partner, shareholder, or beneficiary under Sections 702 and 704 | ||||||
| 23 | and Subchapter S of the Internal Revenue Code, whether or not | ||||||
| 24 | distributed, (iii) multiplied by the applicable rates of tax | ||||||
| 25 | for that partner, shareholder, or beneficiary under | ||||||
| 26 | subsections (a) through (d) of Section 201 of this Act, and | ||||||
| |||||||
| |||||||
| 1 | (iv) net of the share of any credit under Article 2 of this Act | ||||||
| 2 | that is distributable by the partnership, Subchapter S | ||||||
| 3 | corporation, or trust and allowable against the tax liability | ||||||
| 4 | of that partner, shareholder, or beneficiary for a taxable year | ||||||
| 5 | ending on or after December 31, 2014. | ||||||
| 6 | (b) Credit for taxes withheld. Any amount withheld under | ||||||
| 7 | subsection (a) of this Section and paid to the Department shall | ||||||
| 8 | be treated as a payment of the estimated tax liability or of | ||||||
| 9 | the liability for withholding under this Section of the | ||||||
| 10 | partner, shareholder, or beneficiary to whom the income is | ||||||
| 11 | distributable for the taxable year in which that person | ||||||
| 12 | incurred a liability under this Act with respect to that | ||||||
| 13 | income.
The Department shall adopt rules pursuant to which a | ||||||
| 14 | partner, shareholder, or beneficiary may claim a credit against | ||||||
| 15 | its obligation for withholding under this Section for amounts | ||||||
| 16 | withheld under this Section with respect to income | ||||||
| 17 | distributable to it by a partnership, Subchapter S corporation, | ||||||
| 18 | or trust and allowing its partners, shareholders, or | ||||||
| 19 | beneficiaries to claim a credit under this subsection (b) for | ||||||
| 20 | those withheld amounts.
| ||||||
| 21 | (c) Exemption from withholding. | ||||||
| 22 | (1) A partnership, Subchapter S corporation, or trust | ||||||
| 23 | shall not be required to withhold tax under subsection (a) | ||||||
| 24 | of this Section with respect to any nonresident partner, | ||||||
| 25 | shareholder, or beneficiary (other than an individual) | ||||||
| 26 | from whom the partnership, S corporation, or trust has | ||||||
| |||||||
| |||||||
| 1 | received a certificate, completed in the form and manner | ||||||
| 2 | prescribed by the Department, stating that such | ||||||
| 3 | nonresident partner, shareholder, or beneficiary shall: | ||||||
| 4 | (A) file all returns that the partner, | ||||||
| 5 | shareholder, or beneficiary is required to file under | ||||||
| 6 | Section 502 of this Act and make timely payment of all | ||||||
| 7 | taxes imposed under Section 201 of this Act or under | ||||||
| 8 | this Section on the partner, shareholder, or | ||||||
| 9 | beneficiary with respect to income of the partnership, | ||||||
| 10 | S corporation, or trust; and | ||||||
| 11 | (B) be subject to personal jurisdiction in this | ||||||
| 12 | State for purposes of the collection of income taxes, | ||||||
| 13 | together with related interest and penalties, imposed | ||||||
| 14 | on the partner, shareholder, or beneficiary with | ||||||
| 15 | respect to the income of the partnership, S | ||||||
| 16 | corporation, or trust. | ||||||
| 17 | (2) The Department may revoke the exemption provided by | ||||||
| 18 | this subsection (c) at any time that it determines that the | ||||||
| 19 | nonresident partner, shareholder, or beneficiary is not | ||||||
| 20 | abiding by the terms of the certificate. The Department | ||||||
| 21 | shall notify the partnership, S corporation, or trust that | ||||||
| 22 | it has revoked a certificate by notice left at the usual | ||||||
| 23 | place of business of the partnership, S corporation, or | ||||||
| 24 | trust or by mail to the last known address of the | ||||||
| 25 | partnership, S corporation, or trust. | ||||||
| 26 | (3) A partnership, S corporation, or trust that | ||||||
| |||||||
| |||||||
| 1 | receives a certificate under this subsection (c) properly | ||||||
| 2 | completed by a nonresident partner, shareholder, or | ||||||
| 3 | beneficiary shall not be required to withhold any amount | ||||||
| 4 | from that partner, shareholder, or beneficiary, the | ||||||
| 5 | payment of which would be due under Section 711(a-5) of | ||||||
| 6 | this Act after the receipt of the certificate and no | ||||||
| 7 | earlier than 60 days after the Department has notified the | ||||||
| 8 | partnership, S corporation, or trust that the certificate | ||||||
| 9 | has been revoked. | ||||||
| 10 | (4) Certificates received by a the partnership, S | ||||||
| 11 | corporation, or trust under this subsection (c) must be | ||||||
| 12 | retained by the partnership, S corporation, or trust and a | ||||||
| 13 | record of such certificates must be provided to the | ||||||
| 14 | Department, in a format in which the record is available | ||||||
| 15 | for review by the Department, upon request by the | ||||||
| 16 | Department. The Department may, by rule, require the record | ||||||
| 17 | of certificates to be maintained and provided to the | ||||||
| 18 | Department electronically.
| ||||||
| 19 | (Source: P.A. 97-507, eff. 8-23-11; 98-478, eff. 1-1-14; | ||||||
| 20 | revised 9-9-16.)
| ||||||
| 21 | Section 225. The Tobacco Products Tax Act of 1995 is | ||||||
| 22 | amended by changing Section 10-50 as follows:
| ||||||
| 23 | (35 ILCS 143/10-50)
| ||||||
| 24 | Sec. 10-50. Violations and penalties. When the amount due | ||||||
| |||||||
| |||||||
| 1 | is under $300,
any distributor who fails to file a return, | ||||||
| 2 | willfully fails or refuses to
make any payment to the | ||||||
| 3 | Department of the tax imposed by this Act, or files
a | ||||||
| 4 | fraudulent return, or any officer or agent of a corporation | ||||||
| 5 | engaged in the
business of distributing tobacco products to | ||||||
| 6 | retailers and consumers
located in this State who signs a | ||||||
| 7 | fraudulent
return filed on behalf of the corporation, or any | ||||||
| 8 | accountant or other agent
who knowingly enters false | ||||||
| 9 | information on the return of any taxpayer under this
Act is | ||||||
| 10 | guilty of a Class 4 felony.
| ||||||
| 11 | Any person who violates any provision of Section Sections | ||||||
| 12 | 10-20, 10-21, or 10-22 of this Act, fails
to keep books and | ||||||
| 13 | records as required under this Act, or willfully violates a
| ||||||
| 14 | rule or regulation of the Department for the administration and | ||||||
| 15 | enforcement of
this Act is guilty of a Class 4 felony. A person | ||||||
| 16 | commits a separate offense on
each day that he or she engages | ||||||
| 17 | in business in violation of Section Sections 10-20, 10-21, or | ||||||
| 18 | 10-22 of
this Act.
| ||||||
| 19 | When the amount due is under $300, any person who accepts | ||||||
| 20 | money that is due
to the Department under this Act from a | ||||||
| 21 | taxpayer for the purpose of acting as
the taxpayer's agent to | ||||||
| 22 | make the payment to the Department, but who fails to
remit the | ||||||
| 23 | payment to the Department when due, is guilty of a Class 4 | ||||||
| 24 | felony.
| ||||||
| 25 | Any person who violates any provision of Sections 10-20, | ||||||
| 26 | 10-21 and 10-22 of this Act, fails to keep books and records as | ||||||
| |||||||
| |||||||
| 1 | required under this Act, or willfully violates a rule or | ||||||
| 2 | regulation of the Department for the administration and | ||||||
| 3 | enforcement of this Act is guilty of a business offense and may | ||||||
| 4 | be fined up to $5,000. A person commits a separate offense on | ||||||
| 5 | each day that he or she engages in business in violation of | ||||||
| 6 | Sections 10-20, 10-21 and 10-22 of this Act. | ||||||
| 7 | When the amount due is $300 or more, any distributor who | ||||||
| 8 | files,
or causes to be filed, a fraudulent return, or any | ||||||
| 9 | officer or agent of a
corporation engaged in the business of | ||||||
| 10 | distributing tobacco products
to retailers and consumers | ||||||
| 11 | located in this State who files or causes to be
filed or signs | ||||||
| 12 | or causes
to be signed a fraudulent return filed on behalf of | ||||||
| 13 | the corporation, or
any accountant or other agent who knowingly | ||||||
| 14 | enters false information on
the return of any taxpayer under | ||||||
| 15 | this Act is guilty of a Class 3 felony.
| ||||||
| 16 | When the amount due is $300 or more, any person engaged in | ||||||
| 17 | the business
of distributing tobacco products to retailers and | ||||||
| 18 | consumers located in this
State who fails to file a return,
| ||||||
| 19 | willfully fails or refuses to make any payment to the | ||||||
| 20 | Department of the tax
imposed by this Act, or accepts money | ||||||
| 21 | that is due to the Department under
this Act from a taxpayer | ||||||
| 22 | for the purpose of acting as the taxpayer's agent to
make | ||||||
| 23 | payment to the Department but fails to remit such payment to | ||||||
| 24 | the
Department when due is guilty of a Class 3 felony.
| ||||||
| 25 | When the amount due is under $300, any retailer who fails | ||||||
| 26 | to file a return, willfully fails or refuses to make any | ||||||
| |||||||
| |||||||
| 1 | payment to the Department of the tax imposed by this Act, or | ||||||
| 2 | files a fraudulent return, or any officer or agent of a | ||||||
| 3 | corporation engaged in the retail business of selling tobacco | ||||||
| 4 | products to purchasers of tobacco products for use and | ||||||
| 5 | consumption located in this State who signs a fraudulent return | ||||||
| 6 | filed on behalf of the corporation, or any accountant or other | ||||||
| 7 | agent who knowingly enters false information on the return of | ||||||
| 8 | any taxpayer under this Act is guilty of a Class A misdemeanor | ||||||
| 9 | for a first offense and a Class 4 felony for each subsequent | ||||||
| 10 | offense. | ||||||
| 11 | When the amount due is $300 or more, any retailer who fails | ||||||
| 12 | to file a return, willfully fails or refuses to make any | ||||||
| 13 | payment to the Department of the tax imposed by this Act, or | ||||||
| 14 | files a fraudulent return, or any officer or agent of a | ||||||
| 15 | corporation engaged in the retail business of selling tobacco | ||||||
| 16 | products to purchasers of tobacco products for use and | ||||||
| 17 | consumption located in this State who signs a fraudulent return | ||||||
| 18 | filed on behalf of the corporation, or any accountant or other | ||||||
| 19 | agent who knowingly enters false information on the return of | ||||||
| 20 | any taxpayer under this Act is guilty of a Class 4 felony. | ||||||
| 21 | Any person whose principal place of business is in this | ||||||
| 22 | State and
who is charged with a violation under this Section | ||||||
| 23 | shall be
tried in the county where his or her principal place | ||||||
| 24 | of business is
located unless he or she asserts a right to be | ||||||
| 25 | tried in another venue.
If the taxpayer does not have his or | ||||||
| 26 | her principal place of business
in this State, however, the | ||||||
| |||||||
| |||||||
| 1 | hearing must be held in Sangamon County unless
the taxpayer | ||||||
| 2 | asserts a right to be tried in another venue.
| ||||||
| 3 | Any taxpayer or agent of a taxpayer who with the intent to | ||||||
| 4 | defraud
purports to make a payment due to the Department by | ||||||
| 5 | issuing or delivering a
check or other order upon a real or | ||||||
| 6 | fictitious depository for the payment
of money, knowing that it | ||||||
| 7 | will not be paid by the depository, is
guilty of a deceptive | ||||||
| 8 | practice in violation of Section 17-1 of the Criminal
Code of | ||||||
| 9 | 2012.
| ||||||
| 10 | A prosecution for a violation described in this Section may | ||||||
| 11 | be commenced
within 3 years after the commission of the act | ||||||
| 12 | constituting the violation.
| ||||||
| 13 | (Source: P.A. 97-1150, eff. 1-25-13; 98-1055, eff. 1-1-16; | ||||||
| 14 | revised 9-12-16.)
| ||||||
| 15 | Section 230. The Property Tax Code is amended by changing | ||||||
| 16 | Sections 11-25, 12-35, 15-176, 21-380, and 31-45 as follows:
| ||||||
| 17 | (35 ILCS 200/11-25)
| ||||||
| 18 | Sec. 11-25. Certification procedure. Application for a | ||||||
| 19 | pollution control
facility certificate shall be filed with the | ||||||
| 20 | Pollution Control Board in a
manner and form prescribed in | ||||||
| 21 | regulations issued by that board. The
application shall contain | ||||||
| 22 | appropriate and available descriptive information
concerning | ||||||
| 23 | anything claimed to be entitled in whole or in part to tax | ||||||
| 24 | treatment
as a pollution control facility. If it is found that | ||||||
| |||||||
| |||||||
| 1 | the claimed facility or
relevant portion thereof is a pollution | ||||||
| 2 | control facility as defined in Section
11-10, the Pollution | ||||||
| 3 | Control Board, acting through its Chairman or his or her
| ||||||
| 4 | specifically authorized delegate, shall enter a finding and | ||||||
| 5 | issue a certificate
to that effect. The certificate shall | ||||||
| 6 | require tax treatment as a pollution
control facility, but only | ||||||
| 7 | for the portion certified if only a portion is
certified. The | ||||||
| 8 | effective date of a certificate shall be the date of | ||||||
| 9 | application
for the certificate or the date of the construction | ||||||
| 10 | of the facility, whichever which ever
is later.
| ||||||
| 11 | (Source: P.A. 76-2451; 88-455; revised 9-13-16.)
| ||||||
| 12 | (35 ILCS 200/12-35)
| ||||||
| 13 | Sec. 12-35. Notice sent to address of mortgage lender. | ||||||
| 14 | Whenever a notice is
to be mailed as provided in Section | ||||||
| 15 | Sections 12-30, and the address that appears on the
assessor's | ||||||
| 16 | records is the address of a mortgage lender, or in any event
| ||||||
| 17 | whenever the notice is mailed by the township assessor or chief | ||||||
| 18 | county
assessment officer to a taxpayer at or in care of the | ||||||
| 19 | address of a mortgage
lender, the mortgage lender, within 15 | ||||||
| 20 | days of the mortgage lender's receipt of
the notice, shall mail | ||||||
| 21 | a copy of the notice to each mortgagor of the property
referred | ||||||
| 22 | to in the notice at the last known address of each mortgagor
as | ||||||
| 23 | shown on the records of the mortgage lender.
| ||||||
| 24 | (Source: P.A. 86-415; 86-1481; 87-1189; 88-455; revised | ||||||
| 25 | 9-12-16.)
| ||||||
| |||||||
| |||||||
| 1 | (35 ILCS 200/15-176) | ||||||
| 2 | Sec. 15-176. Alternative general homestead exemption. | ||||||
| 3 | (a) For the assessment years as determined under subsection | ||||||
| 4 | (j), in any county that has elected, by an ordinance in | ||||||
| 5 | accordance with subsection (k), to be subject to the provisions | ||||||
| 6 | of this Section in lieu of the provisions of Section 15-175, | ||||||
| 7 | homestead property is
entitled to
an annual homestead exemption | ||||||
| 8 | equal to a reduction in the property's equalized
assessed
value | ||||||
| 9 | calculated as provided in this Section. | ||||||
| 10 | (b) As used in this Section: | ||||||
| 11 | (1) "Assessor" means the supervisor of assessments or | ||||||
| 12 | the chief county assessment officer of each county. | ||||||
| 13 | (2) "Adjusted homestead value" means the lesser of the | ||||||
| 14 | following values: | ||||||
| 15 | (A) The property's base homestead value increased | ||||||
| 16 | by 7% for each
tax year after the base year through and | ||||||
| 17 | including the current tax year, or, if the property is | ||||||
| 18 | sold or ownership is otherwise transferred, the | ||||||
| 19 | property's base homestead value increased by 7% for | ||||||
| 20 | each tax year after the year of the sale or transfer | ||||||
| 21 | through and including the current tax year. The | ||||||
| 22 | increase by 7% each year is an increase by 7% over the | ||||||
| 23 | prior year. | ||||||
| 24 | (B) The property's equalized assessed value for | ||||||
| 25 | the current tax
year minus: (i) $4,500 in Cook County | ||||||
| |||||||
| |||||||
| 1 | or $3,500 in all other counties in tax year 2003;
(ii) | ||||||
| 2 | $5,000 in all counties in tax years 2004 and 2005; and | ||||||
| 3 | (iii) the lesser of the amount of the general homestead | ||||||
| 4 | exemption under Section 15-175 or an amount equal to | ||||||
| 5 | the increase in the equalized assessed value for the | ||||||
| 6 | current tax year above the equalized assessed value for | ||||||
| 7 | 1977 in tax year 2006 and thereafter. | ||||||
| 8 | (3) "Base homestead value". | ||||||
| 9 | (A) Except as provided in subdivision (b)(3)(A-5) | ||||||
| 10 | or (b)(3)(B), "base homestead value" means the | ||||||
| 11 | equalized assessed value of the property for the base | ||||||
| 12 | year
prior to exemptions, minus (i) $4,500 in Cook | ||||||
| 13 | County or $3,500 in all other counties in tax year | ||||||
| 14 | 2003, (ii) $5,000 in all counties in tax years
2004 and | ||||||
| 15 | 2005, or (iii) the lesser of the amount of the general | ||||||
| 16 | homestead exemption under Section 15-175 or an amount | ||||||
| 17 | equal to the increase in the equalized assessed value | ||||||
| 18 | for the current tax year above the equalized assessed | ||||||
| 19 | value for 1977 in tax year 2006 and
thereafter, | ||||||
| 20 | provided that it was assessed for that
year as | ||||||
| 21 | residential property qualified for any of the | ||||||
| 22 | homestead exemptions
under Sections 15-170 through | ||||||
| 23 | 15-175 of this Code, then in force, and
further | ||||||
| 24 | provided that the property's assessment was not based | ||||||
| 25 | on a reduced
assessed value resulting from a temporary | ||||||
| 26 | irregularity in the property for
that year. Except as | ||||||
| |||||||
| |||||||
| 1 | provided in subdivision (b)(3)(B), if the property did | ||||||
| 2 | not have a
residential
equalized assessed value for the | ||||||
| 3 | base year, then "base homestead value" means the base
| ||||||
| 4 | homestead value established by the assessor under | ||||||
| 5 | subsection (c). | ||||||
| 6 | (A-5) On or before September 1, 2007, in Cook | ||||||
| 7 | County, the base homestead value, as set forth under | ||||||
| 8 | subdivision (b)(3)(A) and except as provided under | ||||||
| 9 | subdivision (b) (3) (B), must be recalculated as the | ||||||
| 10 | equalized assessed value of the property for the base | ||||||
| 11 | year, prior to exemptions, minus: | ||||||
| 12 | (1) if the general assessment year for the | ||||||
| 13 | property was 2003, the lesser of (i) $4,500 or (ii) | ||||||
| 14 | the amount equal to the increase in equalized | ||||||
| 15 | assessed value for the 2002 tax year above the | ||||||
| 16 | equalized assessed value for 1977; | ||||||
| 17 | (2) if the general assessment year for the | ||||||
| 18 | property was 2004, the lesser of (i) $4,500 or (ii) | ||||||
| 19 | the amount equal to the increase in equalized | ||||||
| 20 | assessed value for the 2003 tax year above the | ||||||
| 21 | equalized assessed value for 1977; | ||||||
| 22 | (3) if the general assessment year for the | ||||||
| 23 | property was 2005, the lesser of (i) $5,000 or (ii) | ||||||
| 24 | the amount equal to the increase in equalized | ||||||
| 25 | assessed value for the 2004 tax year above the | ||||||
| 26 | equalized assessed value for 1977.
| ||||||
| |||||||
| |||||||
| 1 | (B) If the property is sold or ownership is | ||||||
| 2 | otherwise transferred, other than sales or transfers | ||||||
| 3 | between spouses or between a parent and a child, "base | ||||||
| 4 | homestead value" means the equalized assessed value of | ||||||
| 5 | the property at the time of the sale or transfer prior | ||||||
| 6 | to exemptions, minus: (i) $4,500 in Cook County or | ||||||
| 7 | $3,500 in all other counties in tax year 2003; (ii) | ||||||
| 8 | $5,000 in all counties in tax years 2004 and 2005; and | ||||||
| 9 | (iii) the lesser of the amount of the general homestead | ||||||
| 10 | exemption under Section 15-175 or an amount equal to | ||||||
| 11 | the increase in the equalized assessed value for the | ||||||
| 12 | current tax year above the equalized assessed value for | ||||||
| 13 | 1977 in tax year 2006 and thereafter, provided that it | ||||||
| 14 | was assessed as residential property qualified for any | ||||||
| 15 | of the homestead exemptions
under Sections 15-170 | ||||||
| 16 | through 15-175 of this Code, then in force, and
further | ||||||
| 17 | provided that the property's assessment was not based | ||||||
| 18 | on a reduced
assessed value resulting from a temporary | ||||||
| 19 | irregularity in the property. | ||||||
| 20 | (3.5) "Base year" means (i) tax year 2002 in Cook | ||||||
| 21 | County or (ii) tax year 2008 or 2009 in all other counties | ||||||
| 22 | in accordance with the designation made by the county as | ||||||
| 23 | provided in subsection (k).
| ||||||
| 24 | (4) "Current tax year" means the tax year for which the | ||||||
| 25 | exemption under
this Section is being applied. | ||||||
| 26 | (5) "Equalized assessed value" means the property's | ||||||
| |||||||
| |||||||
| 1 | assessed value as
equalized by the Department. | ||||||
| 2 | (6) "Homestead" or "homestead property" means: | ||||||
| 3 | (A) Residential property that as of January 1 of | ||||||
| 4 | the tax year is
occupied by its owner or owners as his, | ||||||
| 5 | her, or their principal dwelling
place, or that is a | ||||||
| 6 | leasehold interest on which a single family residence | ||||||
| 7 | is
situated, that is occupied as a residence by a | ||||||
| 8 | person who has a legal or
equitable interest therein | ||||||
| 9 | evidenced by a written instrument, as an owner
or as a | ||||||
| 10 | lessee, and on which the person is liable for the | ||||||
| 11 | payment of
property taxes. Residential units in an | ||||||
| 12 | apartment building owned and
operated as a | ||||||
| 13 | cooperative, or as a life care facility, which are | ||||||
| 14 | occupied by
persons who hold a legal or equitable | ||||||
| 15 | interest in the cooperative apartment
building or life | ||||||
| 16 | care facility as owners or lessees, and who are liable | ||||||
| 17 | by
contract for the payment of property taxes, shall be | ||||||
| 18 | included within this
definition of homestead property. | ||||||
| 19 | (B) A homestead includes the dwelling place, | ||||||
| 20 | appurtenant
structures, and so much of the surrounding | ||||||
| 21 | land constituting the parcel on
which the dwelling | ||||||
| 22 | place is situated as is used for residential purposes. | ||||||
| 23 | If
the assessor has established a specific legal | ||||||
| 24 | description for a portion of
property constituting the | ||||||
| 25 | homestead, then the homestead shall be limited to
the | ||||||
| 26 | property within that description. | ||||||
| |||||||
| |||||||
| 1 | (7) "Life care facility" means a facility as defined in | ||||||
| 2 | Section 2 of the
Life
Care Facilities Act. | ||||||
| 3 | (c) If the property did not have a residential equalized | ||||||
| 4 | assessed value for
the base year as provided in subdivision | ||||||
| 5 | (b)(3)(A) of this Section, then the assessor
shall first | ||||||
| 6 | determine an initial value for the property by comparison with
| ||||||
| 7 | assessed values for the base year of other properties having | ||||||
| 8 | physical and
economic characteristics similar to those of the | ||||||
| 9 | subject property, so that the
initial value is uniform in | ||||||
| 10 | relation to assessed values of those other
properties for the | ||||||
| 11 | base year. The product of the initial value multiplied by
the | ||||||
| 12 | equalized factor for the base year for homestead properties in | ||||||
| 13 | that county, less: (i) $4,500 in Cook County or $3,500 in all | ||||||
| 14 | other counties in tax year years 2003; (ii) $5,000 in all | ||||||
| 15 | counties in tax years year 2004 and 2005; and (iii) the lesser | ||||||
| 16 | of the amount of the general homestead exemption under Section | ||||||
| 17 | 15-175 or an amount equal to the increase in the equalized | ||||||
| 18 | assessed value for the current tax year above the equalized | ||||||
| 19 | assessed value for 1977 in tax year 2006 and thereafter, is the | ||||||
| 20 | base homestead value. | ||||||
| 21 | For any tax year for which the assessor determines or | ||||||
| 22 | adjusts an initial
value and
hence a base homestead value under | ||||||
| 23 | this subsection (c), the initial value shall
be subject
to | ||||||
| 24 | review by the same procedures applicable to assessed values | ||||||
| 25 | established
under this
Code for that tax year. | ||||||
| 26 | (d) The base homestead value shall remain constant, except | ||||||
| |||||||
| |||||||
| 1 | that the assessor
may
revise it under the following | ||||||
| 2 | circumstances: | ||||||
| 3 | (1) If the equalized assessed value of a homestead | ||||||
| 4 | property for the current
tax year is less than the previous | ||||||
| 5 | base homestead value for that property, then the
current | ||||||
| 6 | equalized assessed value (provided it is not based on a | ||||||
| 7 | reduced assessed
value resulting from a temporary | ||||||
| 8 | irregularity in the property) shall become the
base | ||||||
| 9 | homestead value in subsequent tax years. | ||||||
| 10 | (2) For any year in which new buildings, structures, or | ||||||
| 11 | other
improvements are constructed on the homestead | ||||||
| 12 | property that would increase its
assessed value, the | ||||||
| 13 | assessor shall adjust the base homestead value as provided | ||||||
| 14 | in
subsection (c) of this Section with due regard to the | ||||||
| 15 | value added by the new
improvements. | ||||||
| 16 | (3) If the property is sold or ownership is otherwise | ||||||
| 17 | transferred, the base homestead value of the property shall | ||||||
| 18 | be adjusted as provided in subdivision (b)(3)(B). This item | ||||||
| 19 | (3) does not apply to sales or transfers between spouses or | ||||||
| 20 | between a parent and a child. | ||||||
| 21 | (4) the recalculation required in Cook County under | ||||||
| 22 | subdivision (b)(3)(A-5).
| ||||||
| 23 | (e) The amount of the exemption under this Section is the | ||||||
| 24 | equalized assessed
value of the homestead property for the | ||||||
| 25 | current tax year, minus the adjusted homestead
value, with the | ||||||
| 26 | following exceptions: | ||||||
| |||||||
| |||||||
| 1 | (1) In Cook County, the exemption under this Section | ||||||
| 2 | shall not exceed $20,000 for any taxable year through tax | ||||||
| 3 | year: | ||||||
| 4 | (i) 2005, if the general assessment year for the
| ||||||
| 5 | property is 2003; | ||||||
| 6 | (ii) 2006, if the general assessment year for the
| ||||||
| 7 | property is 2004; or | ||||||
| 8 | (iii) 2007, if the general assessment year for the
| ||||||
| 9 | property is 2005. | ||||||
| 10 | (1.1) Thereafter, in Cook County, and in all other | ||||||
| 11 | counties, the exemption is as follows: | ||||||
| 12 | (i) if the general assessment year for the property | ||||||
| 13 | is 2006, then the exemption may not exceed: $33,000 for | ||||||
| 14 | taxable year 2006; $26,000 for taxable year 2007; | ||||||
| 15 | $20,000 for taxable years 2008 and 2009; $16,000 for | ||||||
| 16 | taxable year 2010; and $12,000 for taxable year 2011; | ||||||
| 17 | (ii) if the general assessment year for the | ||||||
| 18 | property is 2007, then the exemption may not exceed: | ||||||
| 19 | $33,000 for taxable year 2007; $26,000 for taxable year | ||||||
| 20 | 2008; $20,000 for taxable years 2009 and 2010; $16,000 | ||||||
| 21 | for taxable year 2011; and $12,000 for taxable year | ||||||
| 22 | 2012; and | ||||||
| 23 | (iii) if the general assessment year for the | ||||||
| 24 | property is 2008, then the exemption may not exceed: | ||||||
| 25 | $33,000 for taxable year 2008; $26,000 for taxable year | ||||||
| 26 | 2009; $20,000 for taxable years 2010 and 2011; $16,000 | ||||||
| |||||||
| |||||||
| 1 | for taxable year 2012; and $12,000 for taxable year | ||||||
| 2 | 2013. | ||||||
| 3 | (1.5) In Cook County, for the 2006 taxable year only, the | ||||||
| 4 | maximum amount of the exemption set forth under subsection | ||||||
| 5 | (e)(1.1)(i) of this Section may be increased: (i) by $7,000 if | ||||||
| 6 | the equalized assessed value of the property in that taxable | ||||||
| 7 | year exceeds the equalized assessed value of that property in | ||||||
| 8 | 2002 by 100% or more; or (ii) by $2,000 if the equalized | ||||||
| 9 | assessed value of the property in that taxable year exceeds the | ||||||
| 10 | equalized assessed value of that property in 2002 by more than | ||||||
| 11 | 80% but less than 100%.
| ||||||
| 12 | (2) In the case of homestead property that also | ||||||
| 13 | qualifies for
the exemption under Section 15-172, the | ||||||
| 14 | property is entitled to the exemption under
this Section, | ||||||
| 15 | limited to the amount of (i) $4,500 in Cook County or | ||||||
| 16 | $3,500 in all other counties in tax year 2003, (ii) $5,000 | ||||||
| 17 | in all counties in tax years 2004 and 2005, or (iii) the | ||||||
| 18 | lesser of the amount of the general homestead exemption | ||||||
| 19 | under Section 15-175 or an amount equal to the increase in | ||||||
| 20 | the equalized assessed value for the current tax year above | ||||||
| 21 | the equalized assessed value for 1977 in tax year 2006 and | ||||||
| 22 | thereafter. | ||||||
| 23 | (f) In the case of an apartment building owned and operated | ||||||
| 24 | as a cooperative, or
as a life care facility, that contains | ||||||
| 25 | residential units that qualify as homestead property
under this | ||||||
| 26 | Section, the maximum cumulative exemption amount attributed to | ||||||
| |||||||
| |||||||
| 1 | the entire
building or facility shall not exceed the sum of the | ||||||
| 2 | exemptions calculated for each
qualified residential unit. The | ||||||
| 3 | cooperative association, management firm, or other person
or | ||||||
| 4 | entity that manages or controls the cooperative apartment | ||||||
| 5 | building or life care facility
shall credit the exemption | ||||||
| 6 | attributable to each residential unit only to the apportioned | ||||||
| 7 | tax
liability of the owner or other person responsible for | ||||||
| 8 | payment of taxes as to that unit.
Any person who willfully | ||||||
| 9 | refuses to so credit the exemption is guilty of a Class B
| ||||||
| 10 | misdemeanor. | ||||||
| 11 | (g) When married persons maintain separate residences, the | ||||||
| 12 | exemption provided
under this Section shall be claimed by only | ||||||
| 13 | one such person and for only one residence. | ||||||
| 14 | (h) In the event of a sale or other transfer in ownership | ||||||
| 15 | of the homestead property, the exemption under this
Section | ||||||
| 16 | shall remain in effect for the remainder of the tax year and be | ||||||
| 17 | calculated using the same base homestead value in which the | ||||||
| 18 | sale or transfer occurs, but (other than for sales or transfers | ||||||
| 19 | between spouses or between a parent and a child) shall be | ||||||
| 20 | calculated for any subsequent tax year using the new base | ||||||
| 21 | homestead value as provided in subdivision (b)(3)(B).
The | ||||||
| 22 | assessor may require the new owner of the property to apply for | ||||||
| 23 | the exemption in the
following year. | ||||||
| 24 | (i) The assessor may determine whether property qualifies | ||||||
| 25 | as a homestead under
this Section by application, visual | ||||||
| 26 | inspection, questionnaire, or other
reasonable methods.
Each | ||||||
| |||||||
| |||||||
| 1 | year, at the time the assessment books are certified to the | ||||||
| 2 | county clerk
by the board
of review, the assessor shall furnish | ||||||
| 3 | to the county clerk a list of the
properties qualified
for the | ||||||
| 4 | homestead exemption under this Section. The list shall note the | ||||||
| 5 | base
homestead
value of each property to be used in the | ||||||
| 6 | calculation of the exemption for the
current tax
year. | ||||||
| 7 | (j) In counties with 3,000,000 or more inhabitants, the | ||||||
| 8 | provisions of this Section apply as follows: | ||||||
| 9 | (1) If the general assessment year for the property is | ||||||
| 10 | 2003, this Section
applies for assessment years 2003 | ||||||
| 11 | through 2011.
Thereafter, the provisions of Section 15-175 | ||||||
| 12 | apply. | ||||||
| 13 | (2) If the general assessment year for the property is | ||||||
| 14 | 2004, this Section
applies for assessment years 2004 | ||||||
| 15 | through 2012.
Thereafter, the provisions of Section 15-175 | ||||||
| 16 | apply. | ||||||
| 17 | (3) If the general assessment year for the property is | ||||||
| 18 | 2005, this Section
applies for assessment years 2005 | ||||||
| 19 | through 2013.
Thereafter, the provisions of Section 15-175 | ||||||
| 20 | apply. | ||||||
| 21 | In counties with less than 3,000,000 inhabitants, this | ||||||
| 22 | Section applies for assessment years (i) 2009, 2010, 2011, and | ||||||
| 23 | 2012 if tax year 2008 is the designated base year or (ii) 2010, | ||||||
| 24 | 2011, 2012, and 2013 if tax year 2009 is the designated base | ||||||
| 25 | year. Thereafter, the provisions of Section 15-175 apply. | ||||||
| 26 | (k) To be subject to the provisions of this Section in lieu | ||||||
| |||||||
| |||||||
| 1 | of Section 15-175, a county must adopt an ordinance to subject | ||||||
| 2 | itself to the provisions of this Section within 6 months after | ||||||
| 3 | August 2, 2010 (the effective date of Public Act 96-1418) this | ||||||
| 4 | amendatory Act of the 96th General Assembly. In a county other | ||||||
| 5 | than Cook County, the ordinance must designate either tax year | ||||||
| 6 | 2008
or tax year 2009
as the base year.
| ||||||
| 7 | (l) Notwithstanding Sections 6 and 8 of the State Mandates | ||||||
| 8 | Act, no
reimbursement
by the State is required for the | ||||||
| 9 | implementation of any mandate created by this
Section. | ||||||
| 10 | (Source: P.A. 95-644, eff 10-12-07; 96-1418, eff. 8-2-10; | ||||||
| 11 | revised 9-13-16.)
| ||||||
| 12 | (35 ILCS 200/21-380)
| ||||||
| 13 | Sec. 21-380. Redemption under protest. Any person | ||||||
| 14 | redeeming under this
Section at a time subsequent to the filing | ||||||
| 15 | of a petition under Section 22-30 or
21-445, who desires to | ||||||
| 16 | preserve his or her right to defend against the petition
for a | ||||||
| 17 | tax deed, shall accompany the deposit for redemption with a | ||||||
| 18 | writing
substantially in the following form:
| ||||||
| 19 | Redemption Under Protest
| ||||||
| 20 | Tax Deed Case No. ...........................................
| ||||||
| 21 | Vol. No. ....................................................
| ||||||
| 22 | Property Index No.
| ||||||
| 23 | or Legal Description. ...................................
| ||||||
| 24 | Original Amount of Tax $. ...................................
| ||||||
| 25 | Amount Deposited for Redemption $. ..........................
| ||||||
| |||||||
| |||||||
| 1 | Name of Petitioner. .........................................
| ||||||
| 2 | Tax Year Included in Judgment. ..............................
| ||||||
| 3 | Date of Sale. ...............................................
| ||||||
| 4 | Expiration Date of the Period of Redemption. ................
| ||||||
| 5 | To the county clerk of ........ County:
| ||||||
| 6 | This redemption is made under protest for the following | ||||||
| 7 | reasons: (here
set forth and specify the grounds relied upon | ||||||
| 8 | for the objection)
| ||||||
| 9 | Name of party redeeming. ....................................
| ||||||
| 10 | Address. ....................................................
| ||||||
| 11 | Any grounds for the objection not specified at the time of | ||||||
| 12 | the redemption
under protest shall not be considered by the | ||||||
| 13 | court. The specified grounds
for the objections shall be | ||||||
| 14 | limited to those defenses as would provide
sufficient basis to | ||||||
| 15 | deny entry of an order for issuance of a tax deed.
Nothing in | ||||||
| 16 | this Section shall be construed to authorize or revive any
| ||||||
| 17 | objection to the tax sale or underlying taxes which was | ||||||
| 18 | estopped by entry
of the order for sale as set forth in Section | ||||||
| 19 | 22-75.
| ||||||
| 20 | The person protesting shall present to the county clerk 3 | ||||||
| 21 | copies of the
written protest signed by himself or herself. The | ||||||
| 22 | clerk shall write or
stamp the date of receipt upon the copies | ||||||
| 23 | and sign them. He or she shall
retain one of the copies, | ||||||
| 24 | another he or she shall deliver to the person making
the | ||||||
| 25 | redemption, who shall file the copy with the clerk of the court | ||||||
| 26 | in which
the tax deed petition is pending, and the third he or | ||||||
| |||||||
| |||||||
| 1 | she shall forward to the
petitioner named therein.
| ||||||
| 2 | The county clerk shall enter the redemption as provided in | ||||||
| 3 | Section 21-230
and shall note the redemption under protest. The | ||||||
| 4 | redemption money so deposited
shall not be distributed to the | ||||||
| 5 | holder of the certificate of purchase but shall
be retained by | ||||||
| 6 | the county clerk pending disposition of the petition filed | ||||||
| 7 | under
Section 22-30.
| ||||||
| 8 | Redemption under protest constitutes the appearance of the | ||||||
| 9 | person protesting
in the proceedings under Sections Section | ||||||
| 10 | 22-30 through 22-55 and that person shall
present a defense to | ||||||
| 11 | the petition for tax deed at the time which the court
directs. | ||||||
| 12 | Failure to appear and defend shall constitute a waiver of the | ||||||
| 13 | protest
and the court shall order the redemption money | ||||||
| 14 | distributed to the holder of the
certificate of purchase upon | ||||||
| 15 | surrender of that certificate and shall dismiss
the | ||||||
| 16 | proceedings.
| ||||||
| 17 | When the party redeeming appears and presents a defense, | ||||||
| 18 | the court shall hear
and determine the matter. If the defense | ||||||
| 19 | is not sustained, the court shall
order the protest stricken | ||||||
| 20 | and direct the county clerk to distribute the
redemption money | ||||||
| 21 | upon surrender of the certificate of purchase and shall order
| ||||||
| 22 | the party redeeming to pay the petitioner reasonable expenses, | ||||||
| 23 | actually
incurred, including the cost of withheld redemption | ||||||
| 24 | money, together with a
reasonable attorneys fee. Upon a finding | ||||||
| 25 | sustaining the protest in whole or in
part, the court may | ||||||
| 26 | declare the sale to be a sale in error under Section 21-310
or | ||||||
| |||||||
| |||||||
| 1 | Section 22-45, and shall direct the county clerk to return all | ||||||
| 2 | or part of
the redemption money or deposit to the party | ||||||
| 3 | redeeming.
| ||||||
| 4 | (Source: P.A. 86-286; 86-413; 86-418; 86-949; 86-1028; | ||||||
| 5 | 86-1158; 86-1481; 87-145; 87-236; 87-435; 87-895; 87-1189; | ||||||
| 6 | 88-455; revised 9-14-16.)
| ||||||
| 7 | (35 ILCS 200/31-45)
| ||||||
| 8 | Sec. 31-45. Exemptions. The following deeds or trust | ||||||
| 9 | documents shall be
exempt from the provisions of this Article | ||||||
| 10 | except as provided in this Section:
| ||||||
| 11 | (a) Deeds representing real estate transfers made | ||||||
| 12 | before January 1, 1968,
but recorded after that date and | ||||||
| 13 | trust documents executed before January 1,
1986, but | ||||||
| 14 | recorded after that date.
| ||||||
| 15 | (b) Deeds to or trust documents relating to (1) | ||||||
| 16 | property acquired by any
governmental body or from any | ||||||
| 17 | governmental body, (2) property or interests
transferred | ||||||
| 18 | between governmental bodies, or (3) property acquired by or | ||||||
| 19 | from
any corporation, society, association, foundation or | ||||||
| 20 | institution organized and
operated exclusively for | ||||||
| 21 | charitable, religious or educational purposes.
However, | ||||||
| 22 | deeds or trust documents, other than those in which the | ||||||
| 23 | Administrator
of Veterans Veterans' Affairs of the United | ||||||
| 24 | States is the grantee pursuant to a
foreclosure proceeding, | ||||||
| 25 | shall not be exempt from filing the declaration.
| ||||||
| |||||||
| |||||||
| 1 | (c) Deeds or trust documents that secure debt or other | ||||||
| 2 | obligation.
| ||||||
| 3 | (d) Deeds or trust documents that, without additional | ||||||
| 4 | consideration,
confirm, correct, modify, or supplement a | ||||||
| 5 | deed or trust document previously
recorded.
| ||||||
| 6 | (e) Deeds or trust documents where the actual | ||||||
| 7 | consideration is less than
$100.
| ||||||
| 8 | (f) Tax deeds.
| ||||||
| 9 | (g) Deeds or trust documents that release property that | ||||||
| 10 | is security for a
debt or other obligation.
| ||||||
| 11 | (h) Deeds of partition.
| ||||||
| 12 | (i) Deeds or trust documents made pursuant to mergers, | ||||||
| 13 | consolidations or
transfers or sales of substantially all | ||||||
| 14 | of the assets of corporations under
plans of reorganization | ||||||
| 15 | under the Federal Internal Revenue Code or Title 11 of
the | ||||||
| 16 | Federal Bankruptcy Act.
| ||||||
| 17 | (j) Deeds or trust documents made by a subsidiary | ||||||
| 18 | corporation to its
parent corporation for no consideration | ||||||
| 19 | other than the cancellation or
surrender of the | ||||||
| 20 | subsidiary's stock.
| ||||||
| 21 | (k) Deeds when there is an actual exchange of real | ||||||
| 22 | estate and trust
documents when there is an actual exchange | ||||||
| 23 | of beneficial interests, except that
that money difference | ||||||
| 24 | or money's worth paid from one to the
other is not exempt | ||||||
| 25 | from the tax. These deeds or trust documents, however,
| ||||||
| 26 | shall not be exempt from filing the declaration.
| ||||||
| |||||||
| |||||||
| 1 | (l) Deeds issued to a holder of a mortgage, as defined | ||||||
| 2 | in Section 15-103
of the Code of Civil Procedure, pursuant | ||||||
| 3 | to a mortgage foreclosure proceeding
or pursuant to a | ||||||
| 4 | transfer in lieu of foreclosure.
| ||||||
| 5 | (m) A deed or trust document related to the purchase of | ||||||
| 6 | a principal
residence by a participant in the program | ||||||
| 7 | authorized by the Home Ownership
Made Easy Act, except that | ||||||
| 8 | those deeds and trust documents shall not be
exempt from | ||||||
| 9 | filing the declaration.
| ||||||
| 10 | (Source: P.A. 91-555, eff. 1-1-00; revised 9-14-16.)
| ||||||
| 11 | Section 235. The Local Tax Collection Act is amended by | ||||||
| 12 | changing Section 1 as follows:
| ||||||
| 13 | (35 ILCS 720/1) (from Ch. 120, par. 1901)
| ||||||
| 14 | Sec. 1.
(a) The Department of Revenue and any unit of local | ||||||
| 15 | government
may agree to the Department's collecting, and | ||||||
| 16 | transmitting back to the unit of local government, any tax | ||||||
| 17 | lawfully imposed by that unit of local government,
the subject | ||||||
| 18 | of which is similar to that of a tax imposed by the State and
| ||||||
| 19 | collected by the Department of Revenue, unless the General | ||||||
| 20 | Assembly has
specifically required a different method of | ||||||
| 21 | collection for such tax.
However, the Department may not enter | ||||||
| 22 | into a contract with any unit of local government pursuant to | ||||||
| 23 | this Act for the collection of any tax based on the
sale or use | ||||||
| 24 | of tangible personal property generally, not including taxes
| ||||||
| |||||||
| |||||||
| 1 | based only on the sale or use of specifically limited kinds of | ||||||
| 2 | tangible
personal property, unless the
ordinance adopted by the | ||||||
| 3 | unit of local government imposes a sales or use tax which is
| ||||||
| 4 | substantively identical to and which contains the same | ||||||
| 5 | exemptions as the
taxes imposed by the unit of local | ||||||
| 6 | government's ordinances authorized by
the Home Rule or Non-Home | ||||||
| 7 | Rule Municipal or County Retailers' Occupation Tax Act, the | ||||||
| 8 | Home Rule or Non-Home Rule Municipal or
County Use Tax, or any | ||||||
| 9 | other Retailers' Occupation Tax Act or Law that is administered | ||||||
| 10 | by the Department of Revenue, as interpreted by the Department | ||||||
| 11 | through its regulations as
those Acts and as those regulations | ||||||
| 12 | may from time to time be amended.
| ||||||
| 13 | (b) Regarding the collection of a tax pursuant to this | ||||||
| 14 | Section, the
Department and any person subject to a tax | ||||||
| 15 | collected by the Department
pursuant to this Section shall, as | ||||||
| 16 | much as practicable, have the same
rights, remedies, | ||||||
| 17 | privileges, immunities, powers and duties, and be subject
to | ||||||
| 18 | the same conditions, restrictions, limitations,
penalties, | ||||||
| 19 | definitions of terms and procedures, as those set forth in the
| ||||||
| 20 | Act imposing the State tax, the subject of which is similar to | ||||||
| 21 | the tax being
collected by the Department pursuant to this | ||||||
| 22 | Section. The Department and
unit of local government shall | ||||||
| 23 | specifically agree in writing to such rights,
remedies, | ||||||
| 24 | privileges, immunities, powers, duties, conditions, | ||||||
| 25 | restrictions,
limitations, penalties, definitions of terms and | ||||||
| 26 | procedures, as well as any
other terms deemed necessary or | ||||||
| |||||||
| |||||||
| 1 | advisable. All terms so agreed upon shall
be incorporated into | ||||||
| 2 | an ordinance of such unit of local government,
and the | ||||||
| 3 | Department shall not collect the tax pursuant to this Section | ||||||
| 4 | until
such ordinance takes effect.
| ||||||
| 5 | (c) (1) The Department shall forthwith pay over to the | ||||||
| 6 | State Treasurer, ex
officio, as trustee, all taxes and | ||||||
| 7 | penalties collected hereunder. On or
before the 25th day of | ||||||
| 8 | each calendar month, the Department shall prepare
and certify | ||||||
| 9 | to the Comptroller the disbursement of stated sums of money to
| ||||||
| 10 | named units of local government from which retailers or other | ||||||
| 11 | taxpayers have paid taxes or penalties
hereunder to the | ||||||
| 12 | Department during the second preceding calendar month.
| ||||||
| 13 | (i) The amount to be paid to each unit of local government | ||||||
| 14 | shall equal
the taxes and penalties collected by the Department | ||||||
| 15 | for the unit of local government pursuant to this Section | ||||||
| 16 | during the second preceding calendar month (not including | ||||||
| 17 | credit memoranda), plus an amount the Department determines is | ||||||
| 18 | necessary to offset any amounts which were erroneously paid to | ||||||
| 19 | a different taxing body, and not including (i) an amount equal | ||||||
| 20 | to the amount of refunds made during the second preceding | ||||||
| 21 | calendar month by the Department of behalf of such county or | ||||||
| 22 | municipality and (ii) any amount which the Department | ||||||
| 23 | determines is necessary to offset any amounts which are payable | ||||||
| 24 | to a different taxing body but were erroneously paid to the | ||||||
| 25 | municipality or county,
less 2% of the balance, or any greater | ||||||
| 26 | amount of the balance as provided in the agreement between the | ||||||
| |||||||
| |||||||
| 1 | Department and the unit of local government required under this | ||||||
| 2 | Section, which sum shall be retained by the State Treasurer.
| ||||||
| 3 | (ii) With respect to the amount to be retained by the State | ||||||
| 4 | Treasurer pursuant to
subparagraph (i), the Department, at the | ||||||
| 5 | time of each monthly disbursement to the units of local | ||||||
| 6 | government, shall prepare and certify to the Comptroller the | ||||||
| 7 | amount so retained by the State Treasurer, which shall be | ||||||
| 8 | transferred into the Tax Compliance and Administration Fund
and | ||||||
| 9 | used by the Department, subject to appropriation, to cover the | ||||||
| 10 | costs incurred by the
Department in collecting taxes and | ||||||
| 11 | penalties.
| ||||||
| 12 | (2) Within 10 days after receiving the certifications | ||||||
| 13 | described in paragraph
(1), the Comptroller shall issue orders | ||||||
| 14 | for payment of the amounts specified
in subparagraph (i) of | ||||||
| 15 | paragraph (1).
| ||||||
| 16 | (d) Any unit of local government which imposes a tax
| ||||||
| 17 | collected by the Department pursuant to this Section must file | ||||||
| 18 | a certified copy of
the ordinance imposing the tax with the | ||||||
| 19 | Department within 10 days after
its passage. Beginning on June | ||||||
| 20 | 30, 2016 (the effective date of Public Act 99-517) this | ||||||
| 21 | amendatory Act of the 99th General Assembly, an ordinance or | ||||||
| 22 | resolution imposing or discontinuing a tax collected by the | ||||||
| 23 | Department under this Section or effecting a change in the rate | ||||||
| 24 | thereof shall either (i) be adopted and a certified copy | ||||||
| 25 | thereof filed with the Department on or before the first day of | ||||||
| 26 | April, whereupon the
Department shall proceed to administer and | ||||||
| |||||||
| |||||||
| 1 | enforce the tax imposition, discontinuance, or rate change as | ||||||
| 2 | of the first day of July next following the adoption and | ||||||
| 3 | filing; or (ii) be adopted and certified copy thereof filed | ||||||
| 4 | with the Department on or before the first day of October, | ||||||
| 5 | whereupon the Department shall proceed to administer and | ||||||
| 6 | enforce the tax imposition, discontinuance, or rate change as | ||||||
| 7 | of the first day of January next following the adoption and | ||||||
| 8 | filing.
| ||||||
| 9 | (e) It is declared to be the law of this State, pursuant to | ||||||
| 10 | paragraph
(g) of Section 6 of Article VII of the Illinois | ||||||
| 11 | Constitution, that Public Act 85-1215 this
amendatory Act of | ||||||
| 12 | 1988 is a denial of the power of a home rule unit to fail
to | ||||||
| 13 | comply with the requirements of subsection paragraphs (d) and | ||||||
| 14 | (e) of this Section.
| ||||||
| 15 | (Source: P.A. 99-517, eff. 6-30-16; revised 10-31-16.)
| ||||||
| 16 | Section 240. The Illinois Pension Code is amended by | ||||||
| 17 | changing Sections 1-113, 1-113.4, 1-160, 4-106.1, 4-121, | ||||||
| 18 | 8-107.2, 8-114, 9-121.6, 11-116, 11-125.5, 18-125, and 22A-111 | ||||||
| 19 | as follows:
| ||||||
| 20 | (40 ILCS 5/1-113) (from Ch. 108 1/2, par. 1-113)
| ||||||
| 21 | Sec. 1-113. Investment authority of certain pension funds, | ||||||
| 22 | not including
those established under Article 3 or 4. The | ||||||
| 23 | investment authority of a board
of trustees of a retirement | ||||||
| 24 | system or pension fund established under this
Code shall, if so | ||||||
| |||||||
| |||||||
| 1 | provided in the Article establishing such retirement system
or | ||||||
| 2 | pension fund, embrace the following investments:
| ||||||
| 3 | (1) Bonds, notes and other direct obligations of the | ||||||
| 4 | United States
Government; bonds, notes and other | ||||||
| 5 | obligations of any United States
Government agency or | ||||||
| 6 | instrumentality, whether or not guaranteed; and
| ||||||
| 7 | obligations the principal and interest of which are | ||||||
| 8 | guaranteed
unconditionally by the United States Government | ||||||
| 9 | or by an agency or
instrumentality thereof.
| ||||||
| 10 | (2) Obligations of the Inter-American Development | ||||||
| 11 | Bank, the
International Bank for Reconstruction and | ||||||
| 12 | Development, the African
Development Bank, the | ||||||
| 13 | International Finance Corporation, and the Asian
| ||||||
| 14 | Development Bank.
| ||||||
| 15 | (3) Obligations of any state, or of any political | ||||||
| 16 | subdivision in
Illinois, or of any county or city in any | ||||||
| 17 | other state having a
population as shown by the last | ||||||
| 18 | federal census of not less than 30,000
inhabitants provided | ||||||
| 19 | that such political subdivision is not permitted by
law to | ||||||
| 20 | become indebted in excess of 10% of the assessed valuation | ||||||
| 21 | of
property therein and has not defaulted for a period | ||||||
| 22 | longer than 30 days
in the payment of interest and | ||||||
| 23 | principal on any of its general
obligations or indebtedness | ||||||
| 24 | during a period of 10 calendar years
immediately preceding | ||||||
| 25 | such investment.
| ||||||
| 26 | (4) Nonconvertible bonds, debentures, notes and other | ||||||
| |||||||
| |||||||
| 1 | corporate
obligations of any corporation created or | ||||||
| 2 | existing under the laws of the
United States or any state, | ||||||
| 3 | district or territory thereof, provided
there has been no | ||||||
| 4 | default on the obligations of the corporation or its
| ||||||
| 5 | predecessor(s) during the 5 calendar years immediately | ||||||
| 6 | preceding the
purchase. Up to 5% of the assets of
a pension | ||||||
| 7 | fund established under Article 9 of this Code may be
| ||||||
| 8 | invested in nonconvertible bonds, debentures, notes, and | ||||||
| 9 | other corporate
obligations of corporations created or | ||||||
| 10 | existing under the laws of a foreign
country, provided | ||||||
| 11 | there has been no default on the obligations of the
| ||||||
| 12 | corporation or its predecessors during the 5 calendar years | ||||||
| 13 | immediately
preceding the date of purchase.
| ||||||
| 14 | (5) Obligations guaranteed by the Government of | ||||||
| 15 | Canada, or by any
Province of Canada, or by any Canadian | ||||||
| 16 | city with a population of not
less than 150,000 | ||||||
| 17 | inhabitants, provided (a) they are payable in United
States | ||||||
| 18 | currency and are exempt from any Canadian withholding tax; | ||||||
| 19 | (b)
the investment in any one issue of bonds shall not | ||||||
| 20 | exceed 10% of the
amount outstanding; and (c) the total | ||||||
| 21 | investments at book value in
Canadian securities shall be | ||||||
| 22 | limited to 5% of the total investment
account of the board | ||||||
| 23 | at book value.
| ||||||
| 24 | (5.1) Direct obligations of the State of Israel for the | ||||||
| 25 | payment of
money, or obligations for the payment of money | ||||||
| 26 | which are guaranteed as
to the payment of principal and | ||||||
| |||||||
| |||||||
| 1 | interest by the State of Israel, or common
or preferred | ||||||
| 2 | stock or notes issued by a bank owned or controlled in | ||||||
| 3 | whole
or in part by the State of Israel, on the following | ||||||
| 4 | conditions:
| ||||||
| 5 | (a) The total investments in such obligations | ||||||
| 6 | shall not exceed 5% of
the book value of the aggregate | ||||||
| 7 | investments owned by the board;
| ||||||
| 8 | (b) The State of Israel shall not be in default in | ||||||
| 9 | the payment of
principal or interest on any of its | ||||||
| 10 | direct general obligations on the
date of such | ||||||
| 11 | investment;
| ||||||
| 12 | (c) The bonds, stock or notes, and interest thereon | ||||||
| 13 | shall be payable
in currency of the United States;
| ||||||
| 14 | (d) The bonds shall (1) contain an option for the | ||||||
| 15 | redemption thereof
after 90 days from date of purchase | ||||||
| 16 | or (2) either become due 5 years from
the date of their | ||||||
| 17 | purchase or be subject to redemption 120 days after the
| ||||||
| 18 | date of notice for redemption;
| ||||||
| 19 | (e) The investment in these obligations has been | ||||||
| 20 | approved in writing
by investment counsel employed by | ||||||
| 21 | the board, which counsel shall be a
national or state | ||||||
| 22 | bank or trust company authorized to do a trust
business | ||||||
| 23 | in the State of Illinois, or an investment advisor | ||||||
| 24 | qualified
under the federal Federal Investment | ||||||
| 25 | Advisers Advisors Act of 1940 and registered under
the | ||||||
| 26 | Illinois Securities Law Act of 1953;
| ||||||
| |||||||
| |||||||
| 1 | (f) The fund or system making the investment shall | ||||||
| 2 | have at least
$5,000,000 of net present assets.
| ||||||
| 3 | (6) Notes secured by mortgages under Sections 203, 207, | ||||||
| 4 | 220 and 221 of
the National Housing Act which are insured | ||||||
| 5 | by the Federal Housing Commissioner,
or his successor | ||||||
| 6 | assigns, or debentures issued by such Commissioner, which
| ||||||
| 7 | are guaranteed as to principal and interest by the Federal | ||||||
| 8 | Housing
Administration, or agency of the United States | ||||||
| 9 | Government, provided the
aggregate investment shall not | ||||||
| 10 | exceed 20% of the total investment account
of the board at | ||||||
| 11 | book value, and provided further that the investment in
| ||||||
| 12 | such notes under Sections 220 and 221 shall in no event | ||||||
| 13 | exceed one-half of
the maximum investment in notes under | ||||||
| 14 | this paragraph.
| ||||||
| 15 | (7) Loans to veterans guaranteed in whole or part by | ||||||
| 16 | the United
States Government pursuant to Title III of the | ||||||
| 17 | Act of Congress known as
the "Servicemen's Readjustment Act | ||||||
| 18 | of 1944," 58 Stat. 284, 38 U.S.C.
693, as amended or | ||||||
| 19 | supplemented from time to time, provided such
guaranteed | ||||||
| 20 | loans are liens upon real estate.
| ||||||
| 21 | (8) Common and preferred stocks and convertible debt | ||||||
| 22 | securities
authorized for investment of trust funds under | ||||||
| 23 | the laws of the State of
Illinois, provided:
| ||||||
| 24 | (a) the common stocks, except as provided in | ||||||
| 25 | subparagraph (g), are
listed on a national securities | ||||||
| 26 | exchange or board of trade, as defined in the
federal | ||||||
| |||||||
| |||||||
| 1 | Securities Exchange Act of 1934, or quoted in the | ||||||
| 2 | National Association
of Securities Dealers Automated | ||||||
| 3 | Quotation System (NASDAQ);
| ||||||
| 4 | (b) the securities are of a corporation created or | ||||||
| 5 | existing under
the laws of the United States or any | ||||||
| 6 | state, district or territory thereof,
except that up to | ||||||
| 7 | 5% of the assets of a pension fund established under | ||||||
| 8 | Article
9 of this Code may be invested in securities | ||||||
| 9 | issued by corporations created or
existing under the | ||||||
| 10 | laws of a foreign country, if those securities are | ||||||
| 11 | otherwise
in conformance with this paragraph (8);
| ||||||
| 12 | (c) the corporation is not in arrears on payment of | ||||||
| 13 | dividends on its
preferred stock;
| ||||||
| 14 | (d) the total book value of all stocks and | ||||||
| 15 | convertible debt owned by any
pension fund or | ||||||
| 16 | retirement system shall not exceed 40% of the aggregate
| ||||||
| 17 | book value of all investments of such pension fund or | ||||||
| 18 | retirement system,
except for a pension fund or | ||||||
| 19 | retirement system governed by Article
9 or 17, where | ||||||
| 20 | the total of all stocks and convertible debt shall
not | ||||||
| 21 | exceed 50% of the aggregate book value of all fund | ||||||
| 22 | investments, and
except for a pension fund or | ||||||
| 23 | retirement system governed by Article 13,
where the | ||||||
| 24 | total market value of all stocks and convertible debt | ||||||
| 25 | shall not
exceed 65% of the aggregate market value of | ||||||
| 26 | all fund investments;
| ||||||
| |||||||
| |||||||
| 1 | (e) the book value of stock and convertible debt | ||||||
| 2 | investments in any
one corporation shall not exceed 5% | ||||||
| 3 | of the total investment account at book
value in which | ||||||
| 4 | such securities are held, determined as of the date of | ||||||
| 5 | the
investment, and the investments in the stock of any | ||||||
| 6 | one corporation shall
not exceed 5% of the total | ||||||
| 7 | outstanding stock of such corporation, and the
| ||||||
| 8 | investments in the convertible debt of any one | ||||||
| 9 | corporation shall not exceed
5% of the total amount of | ||||||
| 10 | such debt that may be outstanding;
| ||||||
| 11 | (f) the straight preferred stocks or convertible | ||||||
| 12 | preferred
stocks and convertible debt securities are | ||||||
| 13 | issued or guaranteed by a
corporation whose common | ||||||
| 14 | stock qualifies for investment by the board;
and
| ||||||
| 15 | (g) that any common stocks not listed or quoted as
| ||||||
| 16 | provided in subdivision (8)(a) 8(a) above be limited to | ||||||
| 17 | the following
types of institutions: (a) any bank which | ||||||
| 18 | is a member of the Federal
Deposit Insurance | ||||||
| 19 | Corporation having capital funds represented by
| ||||||
| 20 | capital stock, surplus and undivided profits of at | ||||||
| 21 | least $20,000,000;
(b) any life insurance company | ||||||
| 22 | having capital funds represented by
capital stock, | ||||||
| 23 | special surplus funds and unassigned surplus totalling | ||||||
| 24 | at
least $50,000,000; and (c) any fire or casualty | ||||||
| 25 | insurance company, or a
combination thereof, having | ||||||
| 26 | capital funds represented by capital stock,
net | ||||||
| |||||||
| |||||||
| 1 | surplus and voluntary reserves of at least | ||||||
| 2 | $50,000,000.
| ||||||
| 3 | (9) Withdrawable accounts of State chartered and | ||||||
| 4 | federal chartered
savings and loan associations insured by | ||||||
| 5 | the Federal Savings and Loan
Insurance Corporation; | ||||||
| 6 | deposits or certificates of deposit in State
and national | ||||||
| 7 | banks insured by the Federal Deposit Insurance | ||||||
| 8 | Corporation;
and share accounts or share certificate | ||||||
| 9 | accounts in a State or federal credit
union, the accounts | ||||||
| 10 | of which are insured as required by the Illinois Credit
| ||||||
| 11 | Union Act or the Federal Credit Union Act, as applicable.
| ||||||
| 12 | No bank or savings and loan association shall receive | ||||||
| 13 | investment funds
as permitted by this subsection (9), | ||||||
| 14 | unless it has complied with the
requirements established | ||||||
| 15 | pursuant to Section 6 of the Public Funds
Investment Act.
| ||||||
| 16 | (10) Trading, purchase or sale of listed options on | ||||||
| 17 | underlying
securities owned by the board.
| ||||||
| 18 | (11) Contracts and agreements supplemental thereto | ||||||
| 19 | providing for
investments in the general account of a life | ||||||
| 20 | insurance company authorized
to do business in Illinois.
| ||||||
| 21 | (12) Conventional mortgage pass-through securities | ||||||
| 22 | which are evidenced
by interests in Illinois | ||||||
| 23 | owner-occupied residential mortgages, having not
less than | ||||||
| 24 | an "A" rating from at least one national securities
rating | ||||||
| 25 | service. Such mortgages may have loan-to-value ratios up to | ||||||
| 26 | 95%,
provided that any amount over 80% is insured by | ||||||
| |||||||
| |||||||
| 1 | private mortgage insurance.
The pool of such mortgages | ||||||
| 2 | shall be insured by mortgage guaranty or equivalent
| ||||||
| 3 | insurance, in accordance with industry standards.
| ||||||
| 4 | (13) Pooled or commingled funds managed by a national | ||||||
| 5 | or State bank
which is authorized to do a trust business in | ||||||
| 6 | the State of Illinois, shares
of registered investment | ||||||
| 7 | companies as defined in the federal Investment
Company Act | ||||||
| 8 | of 1940 which are registered under that Act, and
separate | ||||||
| 9 | accounts of a life insurance company authorized to do | ||||||
| 10 | business
in Illinois, where such pooled or commingled | ||||||
| 11 | funds, shares, or separate
accounts are comprised of common | ||||||
| 12 | or preferred stocks, bonds, or money market
instruments.
| ||||||
| 13 | (14) Pooled or commingled funds managed by a national | ||||||
| 14 | or state
bank which is authorized to do a trust business in | ||||||
| 15 | the State of Illinois,
separate accounts managed by a life | ||||||
| 16 | insurance company authorized to
do business in Illinois, | ||||||
| 17 | and commingled group trusts managed by an investment
| ||||||
| 18 | adviser registered under the federal Investment Advisers | ||||||
| 19 | Advisors Act of 1940 (15
U.S.C. 80b-1 et seq.) and under | ||||||
| 20 | the Illinois Securities Law of 1953, where
such pooled or | ||||||
| 21 | commingled funds, separate accounts or commingled group
| ||||||
| 22 | trusts are comprised of real estate or loans upon real | ||||||
| 23 | estate secured by
first or second mortgages. The total | ||||||
| 24 | investment in such pooled or
commingled funds, commingled | ||||||
| 25 | group trusts and separate accounts shall not
exceed 10% of | ||||||
| 26 | the aggregate book value of all investments owned by the | ||||||
| |||||||
| |||||||
| 1 | fund.
| ||||||
| 2 | (15) Investment companies which (a) are registered as | ||||||
| 3 | such under the
Investment Company Act of 1940, (b) are | ||||||
| 4 | diversified, open-end management
investment companies and | ||||||
| 5 | (c) invest only in money market instruments.
| ||||||
| 6 | (16) Up to 10% of the assets of the fund may be | ||||||
| 7 | invested in investments
not included in paragraphs (1) | ||||||
| 8 | through (15) of this Section, provided that
such | ||||||
| 9 | investments comply with the requirements and restrictions | ||||||
| 10 | set forth in
Sections 1-109, 1-109.1, 1-109.2, 1-110, and | ||||||
| 11 | 1-111 of this Code.
| ||||||
| 12 | The board shall have the authority to enter into such | ||||||
| 13 | agreements and to
execute such documents as it determines to be | ||||||
| 14 | necessary to complete any
investment transaction.
| ||||||
| 15 | Any limitations herein set forth shall be applicable only | ||||||
| 16 | at the time
of purchase and shall not require the liquidation | ||||||
| 17 | of any investment at
any time.
| ||||||
| 18 | All investments shall be clearly held and accounted for to | ||||||
| 19 | indicate
ownership by such board. Such board may direct the | ||||||
| 20 | registration of
securities in its own name or in the name of a | ||||||
| 21 | nominee created for the
express purpose of registration of | ||||||
| 22 | securities by a national or state
bank or trust company | ||||||
| 23 | authorized to conduct a trust business
in the State of | ||||||
| 24 | Illinois.
| ||||||
| 25 | Investments shall be carried at cost or at a value | ||||||
| 26 | determined in accordance
with
generally accepted accounting | ||||||
| |||||||
| |||||||
| 1 | principles and accounting procedures
approved by such board.
| ||||||
| 2 | (Source: P.A. 92-53, eff. 7-12-01; revised 9-2-16.)
| ||||||
| 3 | (40 ILCS 5/1-113.4)
| ||||||
| 4 | Sec. 1-113.4. List of additional permitted investments for | ||||||
| 5 | pension funds
with net assets of $5,000,000 or more. | ||||||
| 6 | (a) In addition to the items in Sections 1-113.2 and | ||||||
| 7 | 1-113.3, a pension fund
established under Article 3 or 4 that | ||||||
| 8 | has net assets of at least $5,000,000 and
has appointed an | ||||||
| 9 | investment adviser under Section 1-113.5 may, through that
| ||||||
| 10 | investment adviser, invest a portion of its assets in common | ||||||
| 11 | and preferred
stocks authorized for investments of trust funds | ||||||
| 12 | under the laws of the State
of Illinois. The stocks must meet | ||||||
| 13 | all of the following requirements:
| ||||||
| 14 | (1) The common stocks are listed on a national | ||||||
| 15 | securities exchange or
board of trade (as defined in the | ||||||
| 16 | federal Securities Exchange Act of 1934 and
set forth in | ||||||
| 17 | subdivision G of Section 3 Section 3.G of the Illinois | ||||||
| 18 | Securities Law of 1953) or quoted in
the National | ||||||
| 19 | Association of Securities Dealers Automated Quotation | ||||||
| 20 | System
National Market System (NASDAQ NMS).
| ||||||
| 21 | (2) The securities are of a corporation created or | ||||||
| 22 | existing under the laws
of the United States or any state, | ||||||
| 23 | district, or territory thereof and the
corporation has been | ||||||
| 24 | in existence for at least 5 years.
| ||||||
| 25 | (3) The corporation has not been in arrears on payment | ||||||
| |||||||
| |||||||
| 1 | of dividends on its
preferred stock during the preceding 5 | ||||||
| 2 | years.
| ||||||
| 3 | (4) The market value of stock in any one corporation | ||||||
| 4 | does not exceed 5% of
the cash and invested assets of the | ||||||
| 5 | pension fund, and the investments in the
stock of any one | ||||||
| 6 | corporation do not exceed 5% of the total outstanding stock | ||||||
| 7 | of
that corporation.
| ||||||
| 8 | (5) The straight preferred stocks or convertible | ||||||
| 9 | preferred stocks are
issued or guaranteed by a corporation | ||||||
| 10 | whose common stock qualifies for
investment by the board.
| ||||||
| 11 | (6) The issuer of the stocks has been subject to the | ||||||
| 12 | requirements of
Section 12 of the federal Securities | ||||||
| 13 | Exchange Act of 1934 and has been current
with the filing | ||||||
| 14 | requirements of Sections 13 and 14 of that Act during the
| ||||||
| 15 | preceding 3 years.
| ||||||
| 16 | (b) A pension fund's total investment in the items | ||||||
| 17 | authorized under this
Section and Section 1-113.3 shall not | ||||||
| 18 | exceed 35% of the market value of the
pension fund's net | ||||||
| 19 | present assets stated in its most recent annual report on
file | ||||||
| 20 | with the Illinois Department of Insurance.
| ||||||
| 21 | (c) A pension fund that invests funds under this Section | ||||||
| 22 | shall
electronically file with the Division any reports of its | ||||||
| 23 | investment activities
that the Division may require, at the | ||||||
| 24 | times and in the format required by the
Division.
| ||||||
| 25 | (Source: P.A. 90-507, eff. 8-22-97; revised 10-25-16.)
| ||||||
| |||||||
| |||||||
| 1 | (40 ILCS 5/1-160)
| ||||||
| 2 | (Text of Section WITH the changes made by P.A. 98-641, | ||||||
| 3 | which has been held unconstitutional)
| ||||||
| 4 | Sec. 1-160. Provisions applicable to new hires. | ||||||
| 5 | (a) The provisions of this Section apply to a person who, | ||||||
| 6 | on or after January 1, 2011, first becomes a member or a | ||||||
| 7 | participant under any reciprocal retirement system or pension | ||||||
| 8 | fund established under this Code, other than a retirement | ||||||
| 9 | system or pension fund established under Article 2, 3, 4, 5, 6, | ||||||
| 10 | 15 or 18 of this Code, notwithstanding any other provision of | ||||||
| 11 | this Code to the contrary, but do not apply to any self-managed | ||||||
| 12 | plan established under this Code, to any person with respect to | ||||||
| 13 | service as a sheriff's law enforcement employee under Article | ||||||
| 14 | 7, or to any participant of the retirement plan established | ||||||
| 15 | under Section 22-101. Notwithstanding anything to the contrary | ||||||
| 16 | in this Section, for purposes of this Section, a person who | ||||||
| 17 | participated in a retirement system under Article 15 prior to | ||||||
| 18 | January 1, 2011 shall be deemed a person who first became a | ||||||
| 19 | member or participant prior to January 1, 2011 under any | ||||||
| 20 | retirement system or pension fund subject to this Section. The | ||||||
| 21 | changes made to this Section by Public Act 98-596 are a | ||||||
| 22 | clarification of existing law and are intended to be | ||||||
| 23 | retroactive to the effective date of Public Act 96-889, | ||||||
| 24 | notwithstanding the provisions of Section 1-103.1 of this Code. | ||||||
| 25 | (b) "Final average salary" means the average monthly (or | ||||||
| 26 | annual) salary obtained by dividing the total salary or | ||||||
| |||||||
| |||||||
| 1 | earnings calculated under the Article applicable to the member | ||||||
| 2 | or participant during the 96 consecutive months (or 8 | ||||||
| 3 | consecutive years) of service within the last 120 months (or 10 | ||||||
| 4 | years) of service in which the total salary or earnings | ||||||
| 5 | calculated under the applicable Article was the highest by the | ||||||
| 6 | number of months (or years) of service in that period. For the | ||||||
| 7 | purposes of a person who first becomes a member or participant | ||||||
| 8 | of any retirement system or pension fund to which this Section | ||||||
| 9 | applies on or after January 1, 2011, in this Code, "final | ||||||
| 10 | average salary" shall be substituted for the following: | ||||||
| 11 | (1) In Article 7 (except for service as sheriff's law | ||||||
| 12 | enforcement employees), "final rate of earnings". | ||||||
| 13 | (2) In Articles 8, 9, 10, 11, and 12, "highest average | ||||||
| 14 | annual salary for any 4 consecutive years within the last | ||||||
| 15 | 10 years of service immediately preceding the date of | ||||||
| 16 | withdrawal". | ||||||
| 17 | (3) In Article 13, "average final salary". | ||||||
| 18 | (4) In Article 14, "final average compensation". | ||||||
| 19 | (5) In Article 17, "average salary". | ||||||
| 20 | (6) In Section 22-207, "wages or salary received by him | ||||||
| 21 | at the date of retirement or discharge". | ||||||
| 22 | (b-5) Beginning on January 1, 2011, for all purposes under | ||||||
| 23 | this Code (including without limitation the calculation of | ||||||
| 24 | benefits and employee contributions), the annual earnings, | ||||||
| 25 | salary, or wages (based on the plan year) of a member or | ||||||
| 26 | participant to whom this Section applies shall not exceed | ||||||
| |||||||
| |||||||
| 1 | $106,800; however, that amount shall annually thereafter be | ||||||
| 2 | increased by the lesser of (i) 3% of that amount, including all | ||||||
| 3 | previous adjustments, or (ii) one-half the annual unadjusted | ||||||
| 4 | percentage increase (but not less than zero) in the consumer | ||||||
| 5 | price index-u
for the 12 months ending with the September | ||||||
| 6 | preceding each November 1, including all previous adjustments. | ||||||
| 7 | For the purposes of this Section, "consumer price index-u" | ||||||
| 8 | means
the index published by the Bureau of Labor Statistics of | ||||||
| 9 | the United States
Department of Labor that measures the average | ||||||
| 10 | change in prices of goods and
services purchased by all urban | ||||||
| 11 | consumers, United States city average, all
items, 1982-84 = | ||||||
| 12 | 100. The new amount resulting from each annual adjustment
shall | ||||||
| 13 | be determined by the Public Pension Division of the Department | ||||||
| 14 | of Insurance and made available to the boards of the retirement | ||||||
| 15 | systems and pension funds by November 1 of each year. | ||||||
| 16 | (c) A member or participant is entitled to a retirement
| ||||||
| 17 | annuity upon written application if he or she has attained age | ||||||
| 18 | 67 (beginning January 1, 2015, age 65 with respect to service | ||||||
| 19 | under Article 8, 11, or 12 of this Code that is subject to this | ||||||
| 20 | Section) and has at least 10 years of service credit and is | ||||||
| 21 | otherwise eligible under the requirements of the applicable | ||||||
| 22 | Article. | ||||||
| 23 | A member or participant who has attained age 62 (beginning | ||||||
| 24 | January 1, 2015, age 60 with respect to service under Article | ||||||
| 25 | 8, 11, or 12 of this Code that is subject to this Section) and | ||||||
| 26 | has at least 10 years of service credit and is otherwise | ||||||
| |||||||
| |||||||
| 1 | eligible under the requirements of the applicable Article may | ||||||
| 2 | elect to receive the lower retirement annuity provided
in | ||||||
| 3 | subsection (d) of this Section. | ||||||
| 4 | (d) The retirement annuity of a member or participant who | ||||||
| 5 | is retiring after attaining age 62 (beginning January 1, 2015, | ||||||
| 6 | age 60 with respect to service under Article 8, 11, or 12 of | ||||||
| 7 | this Code that is subject to this Section) with at least 10 | ||||||
| 8 | years of service credit shall be reduced by one-half
of 1% for | ||||||
| 9 | each full month that the member's age is under age 67 | ||||||
| 10 | (beginning January 1, 2015, age 65 with respect to service | ||||||
| 11 | under Article 8, 11, or 12 of this Code that is subject to this | ||||||
| 12 | Section). | ||||||
| 13 | (e) Any retirement annuity or supplemental annuity shall be | ||||||
| 14 | subject to annual increases on the January 1 occurring either | ||||||
| 15 | on or after the attainment of age 67 (beginning January 1, | ||||||
| 16 | 2015, age 65 with respect to service under Article 8, 11, or 12 | ||||||
| 17 | of this Code that is subject to this Section) or the first | ||||||
| 18 | anniversary (the second anniversary with respect to service | ||||||
| 19 | under Article 8 or 11) of the annuity start date, whichever is | ||||||
| 20 | later. Each annual increase shall be calculated at 3% or | ||||||
| 21 | one-half the annual unadjusted percentage increase (but not | ||||||
| 22 | less than zero) in the consumer price index-u for the 12 months | ||||||
| 23 | ending with the September preceding each November 1, whichever | ||||||
| 24 | is less, of the originally granted retirement annuity. If the | ||||||
| 25 | annual unadjusted percentage change in the consumer price | ||||||
| 26 | index-u for the 12 months ending with the September preceding | ||||||
| |||||||
| |||||||
| 1 | each November 1 is zero or there is a decrease, then the | ||||||
| 2 | annuity shall not be increased. | ||||||
| 3 | Notwithstanding any provision of this Section to the | ||||||
| 4 | contrary, with respect to service under Article 8 or 11 of this | ||||||
| 5 | Code that is subject to this Section, no annual increase under | ||||||
| 6 | this subsection shall be paid or accrue to any person in year | ||||||
| 7 | 2025. In all other years, the Fund shall continue to pay annual | ||||||
| 8 | increases as provided in this Section. | ||||||
| 9 | Notwithstanding Section 1-103.1 of this Code, the changes | ||||||
| 10 | in this amendatory Act of the 98th General Assembly are | ||||||
| 11 | applicable without regard to whether the employee was in active | ||||||
| 12 | service on or after the effective date of this amendatory Act | ||||||
| 13 | of the 98th General Assembly. | ||||||
| 14 | (f) The initial survivor's or widow's annuity of an | ||||||
| 15 | otherwise eligible survivor or widow of a retired member or | ||||||
| 16 | participant who first became a member or participant on or | ||||||
| 17 | after January 1, 2011 shall be in the amount of 66 2/3% of the | ||||||
| 18 | retired member's or participant's retirement annuity at the | ||||||
| 19 | date of death. In the case of the death of a member or | ||||||
| 20 | participant who has not retired and who first became a member | ||||||
| 21 | or participant on or after January 1, 2011, eligibility for a | ||||||
| 22 | survivor's or widow's annuity shall be determined by the | ||||||
| 23 | applicable Article of this Code. The initial benefit shall be | ||||||
| 24 | 66 2/3% of the earned annuity without a reduction due to age. A | ||||||
| 25 | child's annuity of an otherwise eligible child shall be in the | ||||||
| 26 | amount prescribed under each Article if applicable. Any | ||||||
| |||||||
| |||||||
| 1 | survivor's or widow's annuity shall be increased (1) on each | ||||||
| 2 | January 1 occurring on or after the commencement of the annuity | ||||||
| 3 | if
the deceased member died while receiving a retirement | ||||||
| 4 | annuity or (2) in
other cases, on each January 1 occurring | ||||||
| 5 | after the first anniversary
of the commencement of the annuity. | ||||||
| 6 | Each annual increase shall be calculated at 3% or one-half the | ||||||
| 7 | annual unadjusted percentage increase (but not less than zero) | ||||||
| 8 | in the consumer price index-u for the 12 months ending with the | ||||||
| 9 | September preceding each November 1, whichever is less, of the | ||||||
| 10 | originally granted survivor's annuity. If the annual | ||||||
| 11 | unadjusted percentage change in the consumer price index-u for | ||||||
| 12 | the 12 months ending with the September preceding each November | ||||||
| 13 | 1 is zero or there is a decrease, then the annuity shall not be | ||||||
| 14 | increased. | ||||||
| 15 | (g) The benefits in Section 14-110 apply only if the person | ||||||
| 16 | is a State policeman, a fire fighter in the fire protection | ||||||
| 17 | service of a department, or a security employee of the | ||||||
| 18 | Department of Corrections or the Department of Juvenile | ||||||
| 19 | Justice, as those terms are defined in subsection (b) of | ||||||
| 20 | Section 14-110. A person who meets the requirements of this | ||||||
| 21 | Section is entitled to an annuity calculated under the | ||||||
| 22 | provisions of Section 14-110, in lieu of the regular or minimum | ||||||
| 23 | retirement annuity, only if the person has withdrawn from | ||||||
| 24 | service with not less than 20
years of eligible creditable | ||||||
| 25 | service and has attained age 60, regardless of whether
the | ||||||
| 26 | attainment of age 60 occurs while the person is
still in | ||||||
| |||||||
| |||||||
| 1 | service. | ||||||
| 2 | (h) If a person who first becomes a member or a participant | ||||||
| 3 | of a retirement system or pension fund subject to this Section | ||||||
| 4 | on or after January 1, 2011 is receiving a retirement annuity | ||||||
| 5 | or retirement pension under that system or fund and becomes a | ||||||
| 6 | member or participant under any other system or fund created by | ||||||
| 7 | this Code and is employed on a full-time basis, except for | ||||||
| 8 | those members or participants exempted from the provisions of | ||||||
| 9 | this Section under subsection (a) of this Section, then the | ||||||
| 10 | person's retirement annuity or retirement pension under that | ||||||
| 11 | system or fund shall be suspended during that employment. Upon | ||||||
| 12 | termination of that employment, the person's retirement | ||||||
| 13 | annuity or retirement pension payments shall resume and be | ||||||
| 14 | recalculated if recalculation is provided for under the | ||||||
| 15 | applicable Article of this Code. | ||||||
| 16 | If a person who first becomes a member of a retirement | ||||||
| 17 | system or pension fund subject to this Section on or after | ||||||
| 18 | January 1, 2012 and is receiving a retirement annuity or | ||||||
| 19 | retirement pension under that system or fund and accepts on a | ||||||
| 20 | contractual basis a position to provide services to a | ||||||
| 21 | governmental entity from which he or she has retired, then that | ||||||
| 22 | person's annuity or retirement pension earned as an active | ||||||
| 23 | employee of the employer shall be suspended during that | ||||||
| 24 | contractual service. A person receiving an annuity or | ||||||
| 25 | retirement pension under this Code shall notify the pension | ||||||
| 26 | fund or retirement system from which he or she is receiving an | ||||||
| |||||||
| |||||||
| 1 | annuity or retirement pension, as well as his or her | ||||||
| 2 | contractual employer, of his or her retirement status before | ||||||
| 3 | accepting contractual employment. A person who fails to submit | ||||||
| 4 | such notification shall be guilty of a Class A misdemeanor and | ||||||
| 5 | required to pay a fine of $1,000. Upon termination of that | ||||||
| 6 | contractual employment, the person's retirement annuity or | ||||||
| 7 | retirement pension payments shall resume and, if appropriate, | ||||||
| 8 | be recalculated under the applicable provisions of this Code. | ||||||
| 9 | (i) (Blank). | ||||||
| 10 | (j) In the case of a conflict between the provisions of | ||||||
| 11 | this Section and any other provision of this Code, the | ||||||
| 12 | provisions of this Section shall control.
| ||||||
| 13 | (Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596, | ||||||
| 14 | eff. 11-19-13; 98-622, eff. 6-1-14; 98-641, eff. 6-9-14.)
| ||||||
| 15 | (Text of Section WITHOUT the changes made by P.A. 98-641, | ||||||
| 16 | which has been held unconstitutional) | ||||||
| 17 | Sec. 1-160. Provisions applicable to new hires. | ||||||
| 18 | (a) The provisions of this Section apply to a person who, | ||||||
| 19 | on or after January 1, 2011, first becomes a member or a | ||||||
| 20 | participant under any reciprocal retirement system or pension | ||||||
| 21 | fund established under this Code, other than a retirement | ||||||
| 22 | system or pension fund established under Article 2, 3, 4, 5, 6, | ||||||
| 23 | 15 or 18 of this Code, notwithstanding any other provision of | ||||||
| 24 | this Code to the contrary, but do not apply to any self-managed | ||||||
| 25 | plan established under this Code, to any person with respect to | ||||||
| |||||||
| |||||||
| 1 | service as a sheriff's law enforcement employee under Article | ||||||
| 2 | 7, or to any participant of the retirement plan established | ||||||
| 3 | under Section 22-101. Notwithstanding anything to the contrary | ||||||
| 4 | in this Section, for purposes of this Section, a person who | ||||||
| 5 | participated in a retirement system under Article 15 prior to | ||||||
| 6 | January 1, 2011 shall be deemed a person who first became a | ||||||
| 7 | member or participant prior to January 1, 2011 under any | ||||||
| 8 | retirement system or pension fund subject to this Section. The | ||||||
| 9 | changes made to this Section by Public Act 98-596 this | ||||||
| 10 | amendatory Act of the 98th General Assembly are a clarification | ||||||
| 11 | of existing law and are intended to be retroactive to January | ||||||
| 12 | 1, 2011 (the effective date of Public Act 96-889), | ||||||
| 13 | notwithstanding the provisions of Section 1-103.1 of this Code. | ||||||
| 14 | (b) "Final average salary" means the average monthly (or | ||||||
| 15 | annual) salary obtained by dividing the total salary or | ||||||
| 16 | earnings calculated under the Article applicable to the member | ||||||
| 17 | or participant during the 96 consecutive months (or 8 | ||||||
| 18 | consecutive years) of service within the last 120 months (or 10 | ||||||
| 19 | years) of service in which the total salary or earnings | ||||||
| 20 | calculated under the applicable Article was the highest by the | ||||||
| 21 | number of months (or years) of service in that period. For the | ||||||
| 22 | purposes of a person who first becomes a member or participant | ||||||
| 23 | of any retirement system or pension fund to which this Section | ||||||
| 24 | applies on or after January 1, 2011, in this Code, "final | ||||||
| 25 | average salary" shall be substituted for the following: | ||||||
| 26 | (1) In Article 7 (except for service as sheriff's law | ||||||
| |||||||
| |||||||
| 1 | enforcement employees), "final rate of earnings". | ||||||
| 2 | (2) In Articles 8, 9, 10, 11, and 12, "highest average | ||||||
| 3 | annual salary for any 4 consecutive years within the last | ||||||
| 4 | 10 years of service immediately preceding the date of | ||||||
| 5 | withdrawal". | ||||||
| 6 | (3) In Article 13, "average final salary". | ||||||
| 7 | (4) In Article 14, "final average compensation". | ||||||
| 8 | (5) In Article 17, "average salary". | ||||||
| 9 | (6) In Section 22-207, "wages or salary received by him | ||||||
| 10 | at the date of retirement or discharge". | ||||||
| 11 | (b-5) Beginning on January 1, 2011, for all purposes under | ||||||
| 12 | this Code (including without limitation the calculation of | ||||||
| 13 | benefits and employee contributions), the annual earnings, | ||||||
| 14 | salary, or wages (based on the plan year) of a member or | ||||||
| 15 | participant to whom this Section applies shall not exceed | ||||||
| 16 | $106,800; however, that amount shall annually thereafter be | ||||||
| 17 | increased by the lesser of (i) 3% of that amount, including all | ||||||
| 18 | previous adjustments, or (ii) one-half the annual unadjusted | ||||||
| 19 | percentage increase (but not less than zero) in the consumer | ||||||
| 20 | price index-u
for the 12 months ending with the September | ||||||
| 21 | preceding each November 1, including all previous adjustments. | ||||||
| 22 | For the purposes of this Section, "consumer price index-u" | ||||||
| 23 | means
the index published by the Bureau of Labor Statistics of | ||||||
| 24 | the United States
Department of Labor that measures the average | ||||||
| 25 | change in prices of goods and
services purchased by all urban | ||||||
| 26 | consumers, United States city average, all
items, 1982-84 = | ||||||
| |||||||
| |||||||
| 1 | 100. The new amount resulting from each annual adjustment
shall | ||||||
| 2 | be determined by the Public Pension Division of the Department | ||||||
| 3 | of Insurance and made available to the boards of the retirement | ||||||
| 4 | systems and pension funds by November 1 of each year. | ||||||
| 5 | (c) A member or participant is entitled to a retirement
| ||||||
| 6 | annuity upon written application if he or she has attained age | ||||||
| 7 | 67 (beginning January 1, 2015, age 65 with respect to service | ||||||
| 8 | under Article 12 of this Code that is subject to this Section) | ||||||
| 9 | and has at least 10 years of service credit and is otherwise | ||||||
| 10 | eligible under the requirements of the applicable Article. | ||||||
| 11 | A member or participant who has attained age 62 (beginning | ||||||
| 12 | January 1, 2015, age 60 with respect to service under Article | ||||||
| 13 | 12 of this Code that is subject to this Section) and has at | ||||||
| 14 | least 10 years of service credit and is otherwise eligible | ||||||
| 15 | under the requirements of the applicable Article may elect to | ||||||
| 16 | receive the lower retirement annuity provided
in subsection (d) | ||||||
| 17 | of this Section. | ||||||
| 18 | (d) The retirement annuity of a member or participant who | ||||||
| 19 | is retiring after attaining age 62 (beginning January 1, 2015, | ||||||
| 20 | age 60 with respect to service under Article 12 of this Code | ||||||
| 21 | that is subject to this Section) with at least 10 years of | ||||||
| 22 | service credit shall be reduced by one-half
of 1% for each full | ||||||
| 23 | month that the member's age is under age 67 (beginning January | ||||||
| 24 | 1, 2015, age 65 with respect to service under Article 12 of | ||||||
| 25 | this Code that is subject to this Section). | ||||||
| 26 | (e) Any retirement annuity or supplemental annuity shall be | ||||||
| |||||||
| |||||||
| 1 | subject to annual increases on the January 1 occurring either | ||||||
| 2 | on or after the attainment of age 67 (beginning January 1, | ||||||
| 3 | 2015, age 65 with respect to service under Article 12 of this | ||||||
| 4 | Code that is subject to this Section) or the first anniversary | ||||||
| 5 | of the annuity start date, whichever is later. Each annual | ||||||
| 6 | increase shall be calculated at 3% or one-half the annual | ||||||
| 7 | unadjusted percentage increase (but not less than zero) in the | ||||||
| 8 | consumer price index-u for the 12 months ending with the | ||||||
| 9 | September preceding each November 1, whichever is less, of the | ||||||
| 10 | originally granted retirement annuity. If the annual | ||||||
| 11 | unadjusted percentage change in the consumer price index-u for | ||||||
| 12 | the 12 months ending with the September preceding each November | ||||||
| 13 | 1 is zero or there is a decrease, then the annuity shall not be | ||||||
| 14 | increased. | ||||||
| 15 | (f) The initial survivor's or widow's annuity of an | ||||||
| 16 | otherwise eligible survivor or widow of a retired member or | ||||||
| 17 | participant who first became a member or participant on or | ||||||
| 18 | after January 1, 2011 shall be in the amount of 66 2/3% of the | ||||||
| 19 | retired member's or participant's retirement annuity at the | ||||||
| 20 | date of death. In the case of the death of a member or | ||||||
| 21 | participant who has not retired and who first became a member | ||||||
| 22 | or participant on or after January 1, 2011, eligibility for a | ||||||
| 23 | survivor's or widow's annuity shall be determined by the | ||||||
| 24 | applicable Article of this Code. The initial benefit shall be | ||||||
| 25 | 66 2/3% of the earned annuity without a reduction due to age. A | ||||||
| 26 | child's annuity of an otherwise eligible child shall be in the | ||||||
| |||||||
| |||||||
| 1 | amount prescribed under each Article if applicable. Any | ||||||
| 2 | survivor's or widow's annuity shall be increased (1) on each | ||||||
| 3 | January 1 occurring on or after the commencement of the annuity | ||||||
| 4 | if
the deceased member died while receiving a retirement | ||||||
| 5 | annuity or (2) in
other cases, on each January 1 occurring | ||||||
| 6 | after the first anniversary
of the commencement of the annuity. | ||||||
| 7 | Each annual increase shall be calculated at 3% or one-half the | ||||||
| 8 | annual unadjusted percentage increase (but not less than zero) | ||||||
| 9 | in the consumer price index-u for the 12 months ending with the | ||||||
| 10 | September preceding each November 1, whichever is less, of the | ||||||
| 11 | originally granted survivor's annuity. If the annual | ||||||
| 12 | unadjusted percentage change in the consumer price index-u for | ||||||
| 13 | the 12 months ending with the September preceding each November | ||||||
| 14 | 1 is zero or there is a decrease, then the annuity shall not be | ||||||
| 15 | increased. | ||||||
| 16 | (g) The benefits in Section 14-110 apply only if the person | ||||||
| 17 | is a State policeman, a fire fighter in the fire protection | ||||||
| 18 | service of a department, or a security employee of the | ||||||
| 19 | Department of Corrections or the Department of Juvenile | ||||||
| 20 | Justice, as those terms are defined in subsection (b) of | ||||||
| 21 | Section 14-110. A person who meets the requirements of this | ||||||
| 22 | Section is entitled to an annuity calculated under the | ||||||
| 23 | provisions of Section 14-110, in lieu of the regular or minimum | ||||||
| 24 | retirement annuity, only if the person has withdrawn from | ||||||
| 25 | service with not less than 20
years of eligible creditable | ||||||
| 26 | service and has attained age 60, regardless of whether
the | ||||||
| |||||||
| |||||||
| 1 | attainment of age 60 occurs while the person is
still in | ||||||
| 2 | service. | ||||||
| 3 | (h) If a person who first becomes a member or a participant | ||||||
| 4 | of a retirement system or pension fund subject to this Section | ||||||
| 5 | on or after January 1, 2011 is receiving a retirement annuity | ||||||
| 6 | or retirement pension under that system or fund and becomes a | ||||||
| 7 | member or participant under any other system or fund created by | ||||||
| 8 | this Code and is employed on a full-time basis, except for | ||||||
| 9 | those members or participants exempted from the provisions of | ||||||
| 10 | this Section under subsection (a) of this Section, then the | ||||||
| 11 | person's retirement annuity or retirement pension under that | ||||||
| 12 | system or fund shall be suspended during that employment. Upon | ||||||
| 13 | termination of that employment, the person's retirement | ||||||
| 14 | annuity or retirement pension payments shall resume and be | ||||||
| 15 | recalculated if recalculation is provided for under the | ||||||
| 16 | applicable Article of this Code. | ||||||
| 17 | If a person who first becomes a member of a retirement | ||||||
| 18 | system or pension fund subject to this Section on or after | ||||||
| 19 | January 1, 2012 and is receiving a retirement annuity or | ||||||
| 20 | retirement pension under that system or fund and accepts on a | ||||||
| 21 | contractual basis a position to provide services to a | ||||||
| 22 | governmental entity from which he or she has retired, then that | ||||||
| 23 | person's annuity or retirement pension earned as an active | ||||||
| 24 | employee of the employer shall be suspended during that | ||||||
| 25 | contractual service. A person receiving an annuity or | ||||||
| 26 | retirement pension under this Code shall notify the pension | ||||||
| |||||||
| |||||||
| 1 | fund or retirement system from which he or she is receiving an | ||||||
| 2 | annuity or retirement pension, as well as his or her | ||||||
| 3 | contractual employer, of his or her retirement status before | ||||||
| 4 | accepting contractual employment. A person who fails to submit | ||||||
| 5 | such notification shall be guilty of a Class A misdemeanor and | ||||||
| 6 | required to pay a fine of $1,000. Upon termination of that | ||||||
| 7 | contractual employment, the person's retirement annuity or | ||||||
| 8 | retirement pension payments shall resume and, if appropriate, | ||||||
| 9 | be recalculated under the applicable provisions of this Code. | ||||||
| 10 | (i) (Blank). | ||||||
| 11 | (j) In the case of a conflict between the provisions of | ||||||
| 12 | this Section and any other provision of this Code, the | ||||||
| 13 | provisions of this Section shall control.
| ||||||
| 14 | (Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596, | ||||||
| 15 | eff. 11-19-13; 98-622, eff. 6-1-14; revised 3-24-16.)
| ||||||
| 16 | (40 ILCS 5/4-106.1) (from Ch. 108 1/2, par. 4-106.1)
| ||||||
| 17 | Sec. 4-106.1. Discontinuation of fire protection district; | ||||||
| 18 | annexation
to fire protection district; dissolution and | ||||||
| 19 | reestablishment of inactive firefighters' pension funds. | ||||||
| 20 | (a) Whenever a fire protection district which has | ||||||
| 21 | established
a pension fund under this Article is discontinued | ||||||
| 22 | under the Fire Protection District Act "An Act in
Relation to | ||||||
| 23 | Fire Protection Districts", and the municipality assuming
the | ||||||
| 24 | obligations of the district is required to and has established
| ||||||
| 25 | a Firefighters' Pension Fund under this Article, the assets of | ||||||
| |||||||
| |||||||
| 1 | the fund
established by the district shall be transferred to | ||||||
| 2 | the "Board of Trustees
of the Firefighters' Firefighters | ||||||
| 3 | Pension Fund" of the municipality. The Firefighters' | ||||||
| 4 | Firefighter's
Pension Fund of the municipality shall assume all | ||||||
| 5 | accrued liabilities of
the district's pension fund, and all | ||||||
| 6 | accrued rights, benefits and future
expectancies of the | ||||||
| 7 | members, retired employees and beneficiaries of the
district's | ||||||
| 8 | fund shall remain unimpaired.
| ||||||
| 9 | (b) If a municipal fire department for which a pension fund | ||||||
| 10 | has been
established under this Article is discontinued and the | ||||||
| 11 | affected territory
is annexed by a fire protection district, | ||||||
| 12 | and the fire protection district
is required to and has | ||||||
| 13 | established a firefighters' pension fund under this
Article, | ||||||
| 14 | then the assets of the firefighters' pension fund established | ||||||
| 15 | by the
municipality shall be transferred to the board of | ||||||
| 16 | trustees of the pension fund
of the fire protection district. | ||||||
| 17 | The firefighters' pension fund of the fire
protection district | ||||||
| 18 | shall assume all liabilities of the municipality's
| ||||||
| 19 | firefighters' pension fund, and all of the accrued rights, | ||||||
| 20 | benefits, and
future expectancies of the members, retired | ||||||
| 21 | employees, and beneficiaries of
the municipality's | ||||||
| 22 | firefighters' pension fund shall remain unimpaired.
| ||||||
| 23 | (c) The corporate authorities of a municipality for which a | ||||||
| 24 | pension fund has been established under this Article may, by | ||||||
| 25 | resolution or ordinance, dissolve the fund if an independent | ||||||
| 26 | auditor has certified to the authorities that the fund has no | ||||||
| |||||||
| |||||||
| 1 | liabilities, participants, or beneficiaries entitled to | ||||||
| 2 | benefits, and the authorities shall reestablish the fund if a | ||||||
| 3 | firefighter of the municipality seeks to establish service | ||||||
| 4 | credit in the fund or if reestablishment of the fund is | ||||||
| 5 | required upon a former firefighter's reinstatement of | ||||||
| 6 | creditable service under subsection (g) of Section 4-109.3 of | ||||||
| 7 | this Code. | ||||||
| 8 | The Public Pension Division of the Department of Insurance | ||||||
| 9 | shall adopt rules regarding the process and procedures for (i) | ||||||
| 10 | dissolving a pension fund under this Section and (ii) | ||||||
| 11 | redistributing assets and reestablishing the fund if | ||||||
| 12 | reestablishment of the fund is necessary. | ||||||
| 13 | (Source: P.A. 97-99, eff. 1-1-12; revised 9-2-16.)
| ||||||
| 14 | (40 ILCS 5/4-121) (from Ch. 108 1/2, par. 4-121)
| ||||||
| 15 | Sec. 4-121. Board created. There is created in each | ||||||
| 16 | municipality or fire protection district a
board of trustees to | ||||||
| 17 | be known as the "Board of Trustees of the Firefighters'
Pension | ||||||
| 18 | Fund". The membership of the board for each municipality shall
| ||||||
| 19 | be, respectively, as follows: in cities, the treasurer, clerk, | ||||||
| 20 | marshal,
or chief officer of the fire department, and the | ||||||
| 21 | comptroller if there is
one, or if not, the mayor; in each | ||||||
| 22 | township, village or incorporated town,
the president of the | ||||||
| 23 | municipality's board of trustees, the village or town
clerk, | ||||||
| 24 | village or town attorney, village or town treasurer, and the | ||||||
| 25 | chief
officer of the fire department; and in each fire | ||||||
| |||||||
| |||||||
| 1 | protection district, the
president and other 2 members of its | ||||||
| 2 | board of trustees and the marshal
or chief of its fire | ||||||
| 3 | department or service, as the case may be; and in all
the | ||||||
| 4 | municipalities above designated 3 additional persons chosen | ||||||
| 5 | from their
active firefighters and one other person who has | ||||||
| 6 | retired under the "Firemen's
Pension Fund Act of 1919", or this | ||||||
| 7 | Article. Notwithstanding any provision of this Section to the | ||||||
| 8 | contrary, the term of office of each member of a board | ||||||
| 9 | established on or before the 3rd Monday in April, 2006 shall | ||||||
| 10 | terminate on the 3rd Monday in April, 2006, but all incumbent | ||||||
| 11 | members shall continue to exercise all of the powers and be | ||||||
| 12 | subject to all of the duties of a member of the board until all | ||||||
| 13 | the new members of the board take office. | ||||||
| 14 | Beginning on the 3rd Monday in April, 2006, the board for | ||||||
| 15 | each municipality or fire protection district shall consist of | ||||||
| 16 | 5 members. Two members of the board shall be appointed by the | ||||||
| 17 | mayor or president of the board of trustees of the municipality | ||||||
| 18 | or fire protection district involved. Two members of the board | ||||||
| 19 | shall be active participants of the pension fund who are | ||||||
| 20 | elected from the active participants of the fund. One member of | ||||||
| 21 | the board shall be a person who is retired under the Firemen's | ||||||
| 22 | Pension Fund Act of 1919 or this Article who is elected from | ||||||
| 23 | persons retired under the Firemen's Pension Fund Act of 1919 or | ||||||
| 24 | this Article.
| ||||||
| 25 | For the purposes
of this Section, a firefighter receiving a | ||||||
| 26 | disability pension
shall be considered a retired firefighter. | ||||||
| |||||||
| |||||||
| 1 | In the event
that there are no retired firefighters under the | ||||||
| 2 | Fund
or if none is willing to serve on the board, then an | ||||||
| 3 | additional active
firefighter shall be elected to the board in | ||||||
| 4 | lieu of the
retired firefighter that would otherwise be | ||||||
| 5 | elected.
| ||||||
| 6 | If the regularly constituted fire department of a | ||||||
| 7 | municipality is
dissolved and Section 4-106.1 is not | ||||||
| 8 | applicable, the board shall continue
to exist and administer | ||||||
| 9 | the Fund so long as there continues to be any
annuitant or | ||||||
| 10 | deferred pensioner in the Fund. In such cases, elections
shall | ||||||
| 11 | continue to be held as specified in this Section, except that: | ||||||
| 12 | (1)
deferred pensioners shall be deemed to be active members | ||||||
| 13 | for the purposes
of such elections; (2) any otherwise | ||||||
| 14 | unfillable positions on the board,
including ex officio | ||||||
| 15 | positions, shall be filled by election from the
remaining | ||||||
| 16 | firefighters and deferred pensioners of the Fund, to the extent
| ||||||
| 17 | possible; and (3) if the membership of the board falls below 3 | ||||||
| 18 | persons, the
Illinois Director of Insurance or his designee | ||||||
| 19 | shall be deemed a member of
the board, ex officio.
| ||||||
| 20 | The members chosen from the active and retired
firefighters | ||||||
| 21 | shall be elected by ballot at elections to
be held on the 3rd
| ||||||
| 22 | Monday in April of the applicable years under the Australian | ||||||
| 23 | ballot system,
at such place or places, in the municipality, | ||||||
| 24 | and under such regulations
as shall be prescribed by the board.
| ||||||
| 25 | No person shall cast more than one vote for each
candidate | ||||||
| 26 | for whom he or she is eligible to vote. In the elections for | ||||||
| |||||||
| |||||||
| 1 | board
members to be chosen from the active firefighters, all | ||||||
| 2 | active
firefighters and no
others may vote. In the elections | ||||||
| 3 | for board members to be chosen from
retired firefighters, the | ||||||
| 4 | retired firefighters and no others may vote.
| ||||||
| 5 | Each member of the board so elected shall hold office for a | ||||||
| 6 | term of 3
years and until his or her successor has been duly | ||||||
| 7 | elected and qualified.
| ||||||
| 8 | The board shall canvass the ballots and declare which | ||||||
| 9 | persons have been
elected and for what term
or terms | ||||||
| 10 | respectively. In case of a tie vote between 2 or more
| ||||||
| 11 | candidates, the board shall determine by lot which candidate or | ||||||
| 12 | candidates
have been elected and for what term or terms | ||||||
| 13 | respectively. In the event
of the failure, resignation, or | ||||||
| 14 | inability to act of any board member,
a successor shall be | ||||||
| 15 | elected for the unexpired
term at a special election called by | ||||||
| 16 | the board and conducted
in the same manner as a
regular | ||||||
| 17 | election.
| ||||||
| 18 | The board shall elect annually from its members a president
| ||||||
| 19 | and secretary.
| ||||||
| 20 | Board members shall not receive or have any right to | ||||||
| 21 | receive any salary
from a pension fund for services performed | ||||||
| 22 | as board members.
| ||||||
| 23 | (Source: P.A. 96-1000, eff. 7-2-10; revised 9-20-16.)
| ||||||
| 24 | (40 ILCS 5/8-107.2) (from Ch. 108 1/2, par. 8-107.2)
| ||||||
| 25 | Sec. 8-107.2. House of Correction Employees' Pension Act. | ||||||
| |||||||
| |||||||
| 1 | "House
of Correction Employees' Pension Act": "An Act to | ||||||
| 2 | provide for the setting
apart, formation and disbursement of a | ||||||
| 3 | house of correction employees pension
fund in cities having a | ||||||
| 4 | population exceeding 150,000 inhabitants", approved
June 10, | ||||||
| 5 | 1911, as amended, and as continued in, or superseded by the | ||||||
| 6 | "Illinois
Pension Code", approved March 18, 1963, under Article | ||||||
| 7 | 19, Division 1, Sections Secs.
19-101 to 19-119, both | ||||||
| 8 | inclusive, as amended.
| ||||||
| 9 | (Source: P.A. 81-1509; revised 9-2-16.)
| ||||||
| 10 | (40 ILCS 5/8-114) (from Ch. 108 1/2, par. 8-114)
| ||||||
| 11 | Sec. 8-114. Present employee. "Present employee":
| ||||||
| 12 | (a) Any employee of an employer, or the board, on the day | ||||||
| 13 | before the
effective date.
| ||||||
| 14 | (b) Any person who becomes an employee of the Board of | ||||||
| 15 | Education on the
day before the effective date and who on June | ||||||
| 16 | 30, 1923, was a contributor
to any municipal pension fund in | ||||||
| 17 | operation in the city on that date under
the Public School | ||||||
| 18 | Employees' Pension Act of 1903. Any such employee shall
be | ||||||
| 19 | considered a municipal employee during the entire time he has | ||||||
| 20 | been in
the service of the employer.
| ||||||
| 21 | (c) Any person who becomes an employee of the municipal | ||||||
| 22 | court or law
department or Board of Election Commissioners on | ||||||
| 23 | the day before the
effective date, and who on December 31, | ||||||
| 24 | 1959, was a participant in either
of the funds in operation in | ||||||
| 25 | the city on December 31, 1959, created under
the Court and Law | ||||||
| |||||||
| |||||||
| 1 | Department Employees' Annuity Act or the Board of
Election | ||||||
| 2 | Commissioners Employees' Annuity Act. Any such employee shall | ||||||
| 3 | be
considered a municipal employee during the entire time he | ||||||
| 4 | has been in the
service of the municipal court or law | ||||||
| 5 | department or Board of Election
Commissioners.
| ||||||
| 6 | (d) Any person who becomes an a employee of the Public | ||||||
| 7 | Library on the day
before the effective date, and who on | ||||||
| 8 | December 31, 1965 was a contributor
and participant in the fund | ||||||
| 9 | created under the Public Library Employes'
Pension Act, in | ||||||
| 10 | operation in the city on December 31, 1965. Any such
employee | ||||||
| 11 | shall be considered a municipal employee during the entire time | ||||||
| 12 | he
has been in the service of the Public Library.
| ||||||
| 13 | (Source: P.A. 91-357, eff. 7-29-99; revised 9-2-16.)
| ||||||
| 14 | (40 ILCS 5/9-121.6) (from Ch. 108 1/2, par. 9-121.6)
| ||||||
| 15 | Sec. 9-121.6. Alternative annuity for county officers. | ||||||
| 16 | (a) Any
county officer elected by vote of the people may | ||||||
| 17 | elect to establish
alternative credits for an alternative | ||||||
| 18 | annuity by electing in writing to
make additional optional | ||||||
| 19 | contributions in accordance with this Section and
procedures | ||||||
| 20 | established by the board. Such elected county officer
may | ||||||
| 21 | discontinue making the additional optional contributions by | ||||||
| 22 | notifying
the Fund in writing in accordance with this Section | ||||||
| 23 | and procedures
established by the board.
| ||||||
| 24 | Additional optional contributions for the alternative | ||||||
| 25 | annuity shall
be as follows:
| ||||||
| |||||||
| |||||||
| 1 | (1) For service after the option is elected, an | ||||||
| 2 | additional contribution
of 3% of salary shall be | ||||||
| 3 | contributed to the Fund on the same basis and
under the | ||||||
| 4 | same conditions as contributions required under Sections | ||||||
| 5 | 9-170
and 9-176.
| ||||||
| 6 | (2) For service before the option is elected, an | ||||||
| 7 | additional
contribution of 3% of the salary for the | ||||||
| 8 | applicable period of service, plus
interest at the | ||||||
| 9 | effective rate from the date of service to the date of
| ||||||
| 10 | payment. All payments for past service must be paid in full | ||||||
| 11 | before credit
is given. No additional optional | ||||||
| 12 | contributions may be made for any period
of service for | ||||||
| 13 | which credit has been previously forfeited by acceptance of
| ||||||
| 14 | a refund, unless the refund is repaid in full with interest | ||||||
| 15 | at the
effective rate from the date of refund to the date | ||||||
| 16 | of repayment.
| ||||||
| 17 | (b) In lieu of the retirement annuity otherwise payable | ||||||
| 18 | under this
Article, any county officer elected by vote of the | ||||||
| 19 | people who (1) has
elected to participate in the Fund and make | ||||||
| 20 | additional optional
contributions in accordance with this | ||||||
| 21 | Section, and (2)
has attained age 60 with at least 10 years of | ||||||
| 22 | service credit,
or has attained age 65 with at least 8 years of | ||||||
| 23 | service credit, may elect
to have his retirement annuity | ||||||
| 24 | computed as follows: 3% of the
participant's salary at the time | ||||||
| 25 | of termination of service for each of the
first 8 years of | ||||||
| 26 | service credit, plus 4% of such salary for each of the
next 4 | ||||||
| |||||||
| |||||||
| 1 | years of service credit, plus
5% of such salary for each year | ||||||
| 2 | of service credit in excess of 12 years,
subject to a maximum | ||||||
| 3 | of 80% of such salary. To the extent such elected
county | ||||||
| 4 | officer has made additional optional contributions with | ||||||
| 5 | respect to
only a portion of his years of service credit, his | ||||||
| 6 | retirement annuity will
first be determined in accordance with | ||||||
| 7 | this Section to the extent such
additional optional | ||||||
| 8 | contributions were made, and then in accordance with
the | ||||||
| 9 | remaining Sections of this Article to the extent of years of | ||||||
| 10 | service
credit with respect to which additional optional | ||||||
| 11 | contributions were not made.
| ||||||
| 12 | (c) In lieu of the disability benefits otherwise payable | ||||||
| 13 | under this
Article, any county officer elected by vote of the | ||||||
| 14 | people who (1) has
elected to participate in the Fund, and (2) | ||||||
| 15 | has become
permanently disabled and as a consequence is unable | ||||||
| 16 | to perform the duties
of his office, and (3) was making | ||||||
| 17 | optional contributions in accordance with
this Section at the | ||||||
| 18 | time the disability was incurred, may elect to receive
a | ||||||
| 19 | disability annuity calculated in
accordance with the formula in | ||||||
| 20 | subsection (b). For the purposes of this
subsection, such | ||||||
| 21 | elected county officer shall be considered permanently
| ||||||
| 22 | disabled only if: (i) disability occurs while in service as an | ||||||
| 23 | elected
county officer and is of such a nature as to prevent | ||||||
| 24 | him from reasonably
performing the duties of his office at the | ||||||
| 25 | time; and (ii) the board has
received a written certification | ||||||
| 26 | by at least 2 licensed physicians
appointed by it stating that | ||||||
| |||||||
| |||||||
| 1 | such officer is disabled and that the
disability is likely to | ||||||
| 2 | be permanent.
| ||||||
| 3 | (d) Refunds of additional optional contributions shall be | ||||||
| 4 | made on the
same basis and under the same conditions as | ||||||
| 5 | provided under Sections Section 9-164,
9-166, and 9-167. | ||||||
| 6 | Interest shall be credited at the effective rate on the
same | ||||||
| 7 | basis and under the same conditions as for other contributions.
| ||||||
| 8 | Optional contributions under this
Section shall be included in | ||||||
| 9 | the amount of employee contributions used to
compute the tax | ||||||
| 10 | levy under Section 9-169.
| ||||||
| 11 | (e) The effective date of this plan of optional alternative | ||||||
| 12 | benefits
and contributions shall be January 1, 1988, or the | ||||||
| 13 | date upon which
approval is received from the U.S. Internal | ||||||
| 14 | Revenue Service, whichever is
later. The plan of optional | ||||||
| 15 | alternative benefits and contributions shall
not be available | ||||||
| 16 | to any former county officer or employee receiving an
annuity | ||||||
| 17 | from the Fund on the effective date of the plan, unless he
| ||||||
| 18 | re-enters service as an elected county officer and renders at | ||||||
| 19 | least 3 years
of additional service after the date of re-entry.
| ||||||
| 20 | (f) Any elected county officer who was entitled to receive | ||||||
| 21 | a stipend from the State on or after July 1, 2009 and on or | ||||||
| 22 | before June 30, 2010 may establish earnings credit for the | ||||||
| 23 | amount of stipend not received, if the elected county official | ||||||
| 24 | applies in writing to the fund within 6 months after July 2, | ||||||
| 25 | 2010 (the effective date of Public Act 96-961) this amendatory | ||||||
| 26 | Act of the 96th General Assembly and pays to the fund an amount | ||||||
| |||||||
| |||||||
| 1 | equal to (i) employee contributions on the amount of stipend | ||||||
| 2 | not received, (ii) employer contributions determined by the | ||||||
| 3 | Board equal to the employer's normal cost of the benefit on the | ||||||
| 4 | amount of stipend not received, plus (iii) interest on items | ||||||
| 5 | (i) and (ii) at the actuarially assumed rate. | ||||||
| 6 | (g) The plan of optional alternative benefits and | ||||||
| 7 | contributions authorized under this Section applies only to | ||||||
| 8 | county officers elected by vote of the people on or before | ||||||
| 9 | January 1, 2008 (the effective date of Public Act 95-654).
| ||||||
| 10 | (Source: P.A. 95-369, eff. 8-23-07; 95-654, eff. 1-1-08; | ||||||
| 11 | 95-876, eff. 8-21-08; 96-961, eff. 7-2-10; revised 9-2-16.)
| ||||||
| 12 | (40 ILCS 5/11-116) (from Ch. 108 1/2, par. 11-116)
| ||||||
| 13 | Sec. 11-116. Salary. "Salary": Annual salary of an employee | ||||||
| 14 | as follows:
| ||||||
| 15 | (a) Beginning on the effective date and prior to July 1, | ||||||
| 16 | 1947, $3,000
shall be the maximum amount of annual salary of | ||||||
| 17 | any employee to be
considered for the purposes of this Article; | ||||||
| 18 | and beginning on July 1, 1947
and prior to July 1, 1953 said | ||||||
| 19 | maximum amount shall be $4,800; and
beginning on July 1, 1953 | ||||||
| 20 | and prior to July 8, 1957, said maximum amount
shall be $6,000; | ||||||
| 21 | and beginning on July 8, 1957, if appropriated, fixed or
| ||||||
| 22 | arranged on an annual basis, the actual sum payable during the | ||||||
| 23 | year if the
employee worked the full normal working time in his | ||||||
| 24 | position, at the rate
of compensation, exclusive of overtime | ||||||
| 25 | and final vacation, appropriated
or fixed as salary or wages | ||||||
| |||||||
| |||||||
| 1 | for service in the position;
| ||||||
| 2 | (b) If appropriated, fixed or arranged on other than an | ||||||
| 3 | annual basis,
beginning July 8, 1957, the applicable schedules | ||||||
| 4 | specified in Section 11-217
shall be used for conversion of the | ||||||
| 5 | salary to an annual basis;
| ||||||
| 6 | (c) Beginning July 1, 1951, if the city provides lodging | ||||||
| 7 | for an employee
without charge, his salary shall be considered | ||||||
| 8 | to be $120 a year more than
the amount payable as salary for | ||||||
| 9 | the year. The salary of an employee for
whom daily meals are | ||||||
| 10 | provided by the city shall be considered to be $120 a
year more | ||||||
| 11 | for each such daily meal than the amount payable as his salary
| ||||||
| 12 | for the year; .
| ||||||
| 13 | (d) Beginning September 1, 1981, the salary of a person who | ||||||
| 14 | was or is
an employee of a Board of Education on or after that | ||||||
| 15 | date shall include the
amount of employee contributions, if | ||||||
| 16 | any, picked up by the employer for
that employee under Section | ||||||
| 17 | 11-170.1.
| ||||||
| 18 | (Source: P.A. 85-964; revised 9-2-16.)
| ||||||
| 19 | (40 ILCS 5/11-125.5) (from Ch. 108 1/2, par. 11-125.5)
| ||||||
| 20 | Sec. 11-125.5.
Transfer of creditable service to Article 8, | ||||||
| 21 | 9, or 13
Fund.
| ||||||
| 22 | (a) Any city officer as defined in Section 8-243.2 of this | ||||||
| 23 | Code, any county
officer elected by vote of the people (and | ||||||
| 24 | until March 1, 1993 any other person
in accordance with Section | ||||||
| 25 | 9-121.11) who is a participant in the pension fund
established | ||||||
| |||||||
| |||||||
| 1 | under Article 9 of this Code, and any elected sanitary district
| ||||||
| 2 | commissioner who is a participant in a pension fund established | ||||||
| 3 | under Article
13 of this Code, may apply for transfer of his | ||||||
| 4 | credits and creditable service
accumulated under this Fund to | ||||||
| 5 | such Article 8, 9, or 13 fund. Such creditable
service shall be | ||||||
| 6 | transferred forthwith. Payments by this Fund to the Article
8, | ||||||
| 7 | 9, or 13 fund shall be made at the same time and shall consist | ||||||
| 8 | of:
| ||||||
| 9 | (1) the amounts accumulated to the credit of the | ||||||
| 10 | applicant, including
interest, on the books of the Fund on | ||||||
| 11 | the date of transfer, but excluding
any additional or | ||||||
| 12 | optional credits, which credits shall be refunded to the
| ||||||
| 13 | applicant; and
| ||||||
| 14 | (2) municipality credits computed and credited under | ||||||
| 15 | this Article,
including interest, on the books of the Fund | ||||||
| 16 | on the date the applicant
terminated service under the | ||||||
| 17 | Fund.
| ||||||
| 18 | Participation in this Fund as to any credits transferred | ||||||
| 19 | under this
Section shall terminate on the date of transfer.
| ||||||
| 20 | (b) Any such elected city officer, county officer, or | ||||||
| 21 | sanitary
district commissioner who has credits and creditable | ||||||
| 22 | service under the Fund
may establish additional credits and | ||||||
| 23 | creditable service for periods during
which he could have | ||||||
| 24 | elected to participate participant but did not so elect. | ||||||
| 25 | Credits
and creditable service may be established by payment to | ||||||
| 26 | the Fund of an
amount equal to the contributions he would have | ||||||
| |||||||
| |||||||
| 1 | made if he had elected to
participate, plus interest to the | ||||||
| 2 | date of payment.
| ||||||
| 3 | (c) Any such elected city officer, county officer, or | ||||||
| 4 | sanitary
district commissioner may reinstate credits and | ||||||
| 5 | creditable service
terminated upon receipt of a separation | ||||||
| 6 | benefit, by payment to the Fund of
the amount of the separation | ||||||
| 7 | benefit plus interest thereon to the date of
payment.
| ||||||
| 8 | (Source: P.A. 86-1488; 87-1265; revised 9-9-16.)
| ||||||
| 9 | (40 ILCS 5/18-125) (from Ch. 108 1/2, par. 18-125)
| ||||||
| 10 | Sec. 18-125. Retirement annuity amount.
| ||||||
| 11 | (a) The annual retirement annuity for a participant who | ||||||
| 12 | terminated
service as a judge prior to July 1, 1971 shall be | ||||||
| 13 | based on the law in
effect at the time of termination of | ||||||
| 14 | service.
| ||||||
| 15 | (b) Except as provided in subsection (b-5), effective July | ||||||
| 16 | 1, 1971, the retirement annuity for any participant
in service | ||||||
| 17 | on or after such date shall be 3 1/2% of final average salary,
| ||||||
| 18 | as defined in this Section, for each of the first 10 years of | ||||||
| 19 | service, and
5% of such final average salary for each year of | ||||||
| 20 | service in on excess of 10.
| ||||||
| 21 | For purposes of this Section, final average salary for a | ||||||
| 22 | participant who first serves as a judge before August 10, 2009 | ||||||
| 23 | (the effective date of Public Act 96-207) shall be:
| ||||||
| 24 | (1) the average salary for the last 4 years of credited | ||||||
| 25 | service as a
judge for a participant who terminates service | ||||||
| |||||||
| |||||||
| 1 | before July 1, 1975.
| ||||||
| 2 | (2) for a participant who terminates service after June | ||||||
| 3 | 30, 1975
and before July 1, 1982, the salary on the last | ||||||
| 4 | day of employment as a judge.
| ||||||
| 5 | (3) for any participant who terminates service after | ||||||
| 6 | June 30, 1982 and
before January 1, 1990, the average | ||||||
| 7 | salary for the final year of service as
a judge.
| ||||||
| 8 | (4) for a participant who terminates service on or | ||||||
| 9 | after January 1,
1990 but before July 14, 1995 (the | ||||||
| 10 | effective date of Public Act 89-136) this amendatory Act of | ||||||
| 11 | 1995, the
salary on the last day of employment as a judge.
| ||||||
| 12 | (5) for a participant who terminates service on or | ||||||
| 13 | after July 14, 1995 (the effective
date of Public Act | ||||||
| 14 | 89-136) this amendatory Act of 1995, the salary on the last | ||||||
| 15 | day of employment
as a judge, or the highest salary | ||||||
| 16 | received by the participant for employment as
a judge in a | ||||||
| 17 | position held by the participant for at least 4 consecutive | ||||||
| 18 | years,
whichever is greater.
| ||||||
| 19 | However, in the case of a participant who elects to | ||||||
| 20 | discontinue contributions
as provided in subdivision (a)(2) of | ||||||
| 21 | Section 18-133, the time of such
election shall be considered | ||||||
| 22 | the last day of employment in the determination
of final | ||||||
| 23 | average salary under this subsection.
| ||||||
| 24 | For a participant who first serves as a judge on or after | ||||||
| 25 | August 10, 2009 (the effective date of Public Act 96-207) and | ||||||
| 26 | before January 1, 2011 (the effective date of Public Act | ||||||
| |||||||
| |||||||
| 1 | 96-889), final average salary shall be the average monthly | ||||||
| 2 | salary obtained by dividing the total salary of the participant | ||||||
| 3 | during the period of: (1) the 48 consecutive months of service | ||||||
| 4 | within the last 120 months of service in which the total | ||||||
| 5 | compensation was the highest, or (2) the total period of | ||||||
| 6 | service, if less than 48 months, by the number of months of | ||||||
| 7 | service in that period. | ||||||
| 8 | The maximum retirement annuity for any participant shall be | ||||||
| 9 | 85% of final
average salary.
| ||||||
| 10 | (b-5) Notwithstanding any other provision of this Article, | ||||||
| 11 | for a participant who first serves as a judge on or after | ||||||
| 12 | January 1, 2011 (the effective date of Public Act 96-889), the | ||||||
| 13 | annual
retirement annuity is 3% of the
participant's final | ||||||
| 14 | average salary for each year of service. The maximum retirement
| ||||||
| 15 | annuity payable shall be 60% of the participant's final average | ||||||
| 16 | salary. | ||||||
| 17 | For a participant who first serves as a judge on or after | ||||||
| 18 | January 1, 2011 (the effective date of Public Act 96-889), | ||||||
| 19 | final average salary shall be the average monthly salary | ||||||
| 20 | obtained by dividing the total salary of the judge during the | ||||||
| 21 | 96 consecutive months of service within the last 120 months of | ||||||
| 22 | service in which the total salary was the highest by the number | ||||||
| 23 | of months of service in that period; however, beginning January | ||||||
| 24 | 1, 2011, the annual salary may not exceed $106,800, except that | ||||||
| 25 | that amount shall annually thereafter be increased by the | ||||||
| 26 | lesser of (i) 3% of that amount, including all previous | ||||||
| |||||||
| |||||||
| 1 | adjustments, or (ii) the annual unadjusted percentage increase | ||||||
| 2 | (but not less than zero) in the consumer price index-u
for the | ||||||
| 3 | 12 months ending with the September preceding each November 1. | ||||||
| 4 | "Consumer price index-u" means
the index published by the | ||||||
| 5 | Bureau of Labor Statistics of the United States
Department of | ||||||
| 6 | Labor that measures the average change in prices of goods and
| ||||||
| 7 | services purchased by all urban consumers, United States city | ||||||
| 8 | average, all
items, 1982-84 = 100. The new amount resulting | ||||||
| 9 | from each annual adjustment
shall be determined by the Public | ||||||
| 10 | Pension Division of the Department of Insurance and made | ||||||
| 11 | available to the Board by November 1st of each year. | ||||||
| 12 | (c) The retirement annuity for a participant who retires | ||||||
| 13 | prior to age 60
with less than 28 years of service in the | ||||||
| 14 | System shall be reduced 1/2 of 1%
for each month that the | ||||||
| 15 | participant's age is under 60 years at the time the
annuity | ||||||
| 16 | commences. However, for a participant who retires on or after | ||||||
| 17 | December 10, 1999 (the
effective date of Public Act 91-653) | ||||||
| 18 | this amendatory Act of the 91st General Assembly, the
| ||||||
| 19 | percentage reduction in retirement annuity imposed under this | ||||||
| 20 | subsection shall
be reduced by 5/12 of 1% for every month of | ||||||
| 21 | service in this System in excess of
20 years, and therefore a | ||||||
| 22 | participant with at least 26 years of service in this
System | ||||||
| 23 | may retire at age 55 without any reduction in annuity.
| ||||||
| 24 | The reduction in retirement annuity imposed by this | ||||||
| 25 | subsection shall not
apply in the case of retirement on account | ||||||
| 26 | of disability.
| ||||||
| |||||||
| |||||||
| 1 | (d) Notwithstanding any other provision of this Article, | ||||||
| 2 | for a participant who first serves as a judge on or after | ||||||
| 3 | January 1, 2011 (the effective date of Public Act 96-889) and | ||||||
| 4 | who is retiring after attaining age 62, the retirement annuity | ||||||
| 5 | shall be reduced by 1/2
of 1% for each month that the | ||||||
| 6 | participant's age is under age 67 at the time the annuity | ||||||
| 7 | commences. | ||||||
| 8 | (Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11; | ||||||
| 9 | 96-1000, eff. 7-2-10; 96-1490, eff. 1-1-11; revised 9-9-16.)
| ||||||
| 10 | (40 ILCS 5/22A-111) (from Ch. 108 1/2, par. 22A-111)
| ||||||
| 11 | Sec. 22A-111.
The Board shall manage the investments of any | ||||||
| 12 | pension
fund, retirement system, or education fund for the | ||||||
| 13 | purpose
of obtaining a total return on
investments for the long | ||||||
| 14 | term. It also shall perform such other functions as
may be | ||||||
| 15 | assigned or directed by the General Assembly.
| ||||||
| 16 | The authority of the board to manage pension fund | ||||||
| 17 | investments and the
liability shall begin when there has been a | ||||||
| 18 | physical transfer of the pension
fund investments to the board | ||||||
| 19 | and placed in the custody of the board's custodian.
| ||||||
| 20 | The authority of the board to manage monies from the | ||||||
| 21 | education fund for
investment and the liability of the board | ||||||
| 22 | shall begin when there has been a
physical transfer of | ||||||
| 23 | education fund investments to the board and placed in
the | ||||||
| 24 | custody of the board's custodian.
| ||||||
| 25 | The board may not delegate its management functions, but it | ||||||
| |||||||
| |||||||
| 1 | may, but is not required to, arrange
to compensate for | ||||||
| 2 | personalized investment advisory service
for any or all | ||||||
| 3 | investments under its control with any national or state bank
| ||||||
| 4 | or trust company authorized to do a trust business and | ||||||
| 5 | domiciled in Illinois,
other financial institution organized | ||||||
| 6 | under the laws of Illinois, or an
investment advisor who is | ||||||
| 7 | qualified under the Federal Investment Advisers Advisors Act of | ||||||
| 8 | 1940
and is registered under the Illinois Securities Law of | ||||||
| 9 | 1953. Nothing contained
herein shall prevent the Board from | ||||||
| 10 | subscribing to general investment research
services available | ||||||
| 11 | for purchase or use by others. The Board shall also have
the | ||||||
| 12 | authority to compensate for accounting services.
| ||||||
| 13 | This Section shall not be construed to prohibit the | ||||||
| 14 | Illinois State Board of Investment from directly investing | ||||||
| 15 | pension assets in public market investments, private | ||||||
| 16 | investments, real estate investments, or other investments | ||||||
| 17 | authorized by this Code. | ||||||
| 18 | (Source: P.A. 99-708, eff. 7-29-16; revised 10-27-16.)
| ||||||
| 19 | Section 245. The Public Building Commission Act is amended | ||||||
| 20 | by changing Section 20.5 as follows:
| ||||||
| 21 | (50 ILCS 20/20.5) | ||||||
| 22 | (Section scheduled to be repealed on June 1, 2018) | ||||||
| 23 | Sec. 20.5. Procedures for design-build selection. | ||||||
| 24 | (a) The Commission must use a two-phase procedure for the
| ||||||
| |||||||
| |||||||
| 1 | selection of the
successful design-build entity. Phase I of the | ||||||
| 2 | procedure will evaluate and
shortlist the design-build | ||||||
| 3 | entities based on qualifications, and Phase II
will
evaluate | ||||||
| 4 | the technical and cost proposals. | ||||||
| 5 | (b) The Commission shall include in the request for | ||||||
| 6 | proposal
the
evaluating factors to be used in Phase I. These | ||||||
| 7 | factors are in addition to any
prequalification requirements of | ||||||
| 8 | design-build entities that the Commission has set
forth. Each | ||||||
| 9 | request for proposal shall establish the relative importance
| ||||||
| 10 | assigned to each evaluation factor and subfactor, including any | ||||||
| 11 | weighting of
criteria to be employed by the Commission. The | ||||||
| 12 | Commission must maintain a
record of the evaluation scoring to | ||||||
| 13 | be disclosed in event of a protest
regarding the solicitation.
| ||||||
| 14 | The Commission shall include the following criteria in | ||||||
| 15 | every
Phase I
evaluation of design-build entities: (1) | ||||||
| 16 | experience of personnel; (2)
successful
experience with | ||||||
| 17 | similar project types; (3) financial capability; (4) | ||||||
| 18 | timeliness
of past performance; (5) experience with similarly | ||||||
| 19 | sized projects; (6)
successful reference checks of the firm; | ||||||
| 20 | (7) commitment to assign personnel
for the duration of the | ||||||
| 21 | project and qualifications of the entity's consultants; and (8) | ||||||
| 22 | ability or past performance in meeting or exhausting good faith | ||||||
| 23 | efforts to meet the utilization goals for minority and women | ||||||
| 24 | business enterprises established by the corporate authorities | ||||||
| 25 | of the Commission and in complying with Section 2-105 of the | ||||||
| 26 | Illinois Human Rights Act. The Commission may include any | ||||||
| |||||||
| |||||||
| 1 | additional relevant criteria in Phase I that it deems necessary | ||||||
| 2 | for a proper qualification review.
The Commission may include | ||||||
| 3 | any additional relevant criteria in
Phase I that
it deems | ||||||
| 4 | necessary for a proper qualification review.
| ||||||
| 5 | The Commission may not consider any design-build entity for
| ||||||
| 6 | evaluation or
award if the entity has any pecuniary interest in | ||||||
| 7 | the project or has other
relationships or circumstances, | ||||||
| 8 | including but not limited to, long-term
leasehold, mutual | ||||||
| 9 | performance, or development contracts with the Commission,
| ||||||
| 10 | that may give the design-build entity a financial or tangible | ||||||
| 11 | advantage over
other design-build entities in the preparation, | ||||||
| 12 | evaluation, or performance of
the
design-build contract or that | ||||||
| 13 | create the appearance of impropriety. No design-build proposal | ||||||
| 14 | shall be considered that does not include an entity's plan to | ||||||
| 15 | comply with the requirements established in the minority and | ||||||
| 16 | women business enterprises and economically disadvantaged | ||||||
| 17 | firms established by the corporate authorities of the | ||||||
| 18 | Commission and with Section 2-105 of the Illinois Human Rights | ||||||
| 19 | Act.
| ||||||
| 20 | Upon completion of the qualifications evaluation, the | ||||||
| 21 | Commission shall
create a shortlist of the most highly | ||||||
| 22 | qualified design-build entities. The
Commission, in its | ||||||
| 23 | discretion, is not required to shortlist the
maximum number of
| ||||||
| 24 | entities as identified for Phase II evaluation, provided | ||||||
| 25 | however, no less than
2
design-build entities nor more than 6 | ||||||
| 26 | are selected to submit Phase II
proposals.
| ||||||
| |||||||
| |||||||
| 1 | The Commission shall notify the entities selected for the
| ||||||
| 2 | shortlist in
writing. This notification shall commence the | ||||||
| 3 | period for the preparation of the
Phase II technical and cost | ||||||
| 4 | evaluations. The Commission must
allow sufficient
time for the | ||||||
| 5 | shortlist entities to prepare their Phase II submittals
| ||||||
| 6 | considering
the scope and detail requested by the Commission.
| ||||||
| 7 | (c) The Commission shall include in the request for | ||||||
| 8 | proposal
the
evaluating factors to be used in the technical and | ||||||
| 9 | cost submission components
of Phase II. Each request for | ||||||
| 10 | proposal shall establish, for both the technical
and cost | ||||||
| 11 | submission components of Phase II, the relative importance | ||||||
| 12 | assigned to
each evaluation factor and subfactor, including any | ||||||
| 13 | weighting of criteria to be
employed by the Commission. The | ||||||
| 14 | Commission must
maintain a record of the
evaluation scoring to | ||||||
| 15 | be disclosed in event of a protest regarding the
solicitation.
| ||||||
| 16 | The Commission shall include the following criteria in | ||||||
| 17 | every
Phase II
technical evaluation of design-build entities: | ||||||
| 18 | (1) compliance with objectives
of
the
project; (2) compliance | ||||||
| 19 | of proposed services to the request for proposal
requirements; | ||||||
| 20 | (3) quality of products or materials proposed; (4) quality of
| ||||||
| 21 | design parameters; (5) design concepts; (6) innovation in | ||||||
| 22 | meeting the scope and
performance criteria; and (7) | ||||||
| 23 | constructability of the
proposed project. The Commission may | ||||||
| 24 | include any additional
relevant
technical evaluation factors | ||||||
| 25 | it deems necessary for proper selection.
| ||||||
| 26 | The Commission shall include the following criteria in | ||||||
| |||||||
| |||||||
| 1 | every
Phase II cost
evaluation: the guaranteed maximum project | ||||||
| 2 | cost and the time of
completion. The Commission may include any | ||||||
| 3 | additional relevant
technical
evaluation factors it deems | ||||||
| 4 | necessary for proper selection. The guaranteed maximum project | ||||||
| 5 | cost criteria weighing factor shall not exceed 30%.
| ||||||
| 6 | The Commission shall directly employ or retain a licensed
| ||||||
| 7 | design
professional to evaluate the technical and cost | ||||||
| 8 | submissions to determine if the
technical submissions are in | ||||||
| 9 | accordance with generally
accepted industry standards.
| ||||||
| 10 | Upon completion of the technical submissions and cost | ||||||
| 11 | submissions evaluation,
the Commission may award the | ||||||
| 12 | design-build contract to the
highest
overall ranked entity.
| ||||||
| 13 | (d) This Section is repealed on June 1, 2018; provided that | ||||||
| 14 | any design-build contracts entered into before such date or any | ||||||
| 15 | procurement of a project under this Act commenced before such | ||||||
| 16 | date, and the contracts resulting from those procurements, | ||||||
| 17 | shall remain effective.
| ||||||
| 18 | (Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619, | ||||||
| 19 | eff. 1-7-14; revised 9-20-16.)
| ||||||
| 20 | Section 250. The Public Officer Prohibited Activities Act | ||||||
| 21 | is amended by changing Section 3 as follows:
| ||||||
| 22 | (50 ILCS 105/3) (from Ch. 102, par. 3)
| ||||||
| 23 | Sec. 3. Prohibited interest in contracts.
| ||||||
| 24 | (a) No person holding any office, either by election or
| ||||||
| |||||||
| |||||||
| 1 | appointment under the laws or Constitution of this State, may | ||||||
| 2 | be in any
manner financially interested directly
in
his own | ||||||
| 3 | name or indirectly in
the name of any other person, | ||||||
| 4 | association, trust, or corporation, in any
contract or the | ||||||
| 5 | performance of any work in the making or letting of
which such | ||||||
| 6 | officer may be called upon to act or vote. No such officer
may | ||||||
| 7 | represent, either as agent or otherwise, any person, | ||||||
| 8 | association,
trust, or corporation, with respect to any | ||||||
| 9 | application or bid for any
contract or work in regard to which | ||||||
| 10 | such officer may be called upon to
vote. Nor may any such | ||||||
| 11 | officer take or receive, or offer to take or
receive, either | ||||||
| 12 | directly or indirectly, any money or other thing of
value as a | ||||||
| 13 | gift or bribe or means of influencing his vote or action in
his | ||||||
| 14 | official character. Any contract made and procured in violation
| ||||||
| 15 | hereof is void. This Section shall not apply to any person | ||||||
| 16 | serving on an
advisory panel or commission, to any director | ||||||
| 17 | serving on a hospital
district board as provided under | ||||||
| 18 | subsection (a-5) of Section 13 of the Hospital
District Law, or | ||||||
| 19 | to any person serving as both a contractual employee and as a | ||||||
| 20 | member of a public hospital board as provided under Article 11 | ||||||
| 21 | of the Illinois Municipal Code in a municipality with a | ||||||
| 22 | population between 13,000 and 16,000 that is located in a | ||||||
| 23 | county with a population between 50,000 and 70,000.
| ||||||
| 24 | (b) However, any elected or appointed member of the | ||||||
| 25 | governing body
may provide materials, merchandise, property, | ||||||
| 26 | services, or labor, subject
to
the following provisions under | ||||||
| |||||||
| |||||||
| 1 | either paragraph (1) or (2):
| ||||||
| 2 | (1) If:
| ||||||
| 3 | A. the contract is with a person, firm, | ||||||
| 4 | partnership, association,
corporation, or cooperative | ||||||
| 5 | association in which such interested member
of the | ||||||
| 6 | governing body of the municipality has less than a 7 | ||||||
| 7 | 1/2% share in
the ownership; and
| ||||||
| 8 | B. such interested member publicly discloses the | ||||||
| 9 | nature and extent
of his interest prior to or during | ||||||
| 10 | deliberations concerning the proposed
award of the | ||||||
| 11 | contract; and
| ||||||
| 12 | C. such interested member abstains from voting on | ||||||
| 13 | the award of the
contract, though he shall be | ||||||
| 14 | considered present for the purposes of
establishing a | ||||||
| 15 | quorum; and
| ||||||
| 16 | D. such contract is approved by a majority vote of | ||||||
| 17 | those members
presently holding office; and
| ||||||
| 18 | E. the contract is awarded after sealed bids to the | ||||||
| 19 | lowest
responsible bidder if the amount of the contract | ||||||
| 20 | exceeds $1500, or
awarded without bidding if the amount | ||||||
| 21 | of the contract is less than
$1500; and
| ||||||
| 22 | F. the award of the contract would not cause the | ||||||
| 23 | aggregate amount of
all such contracts so awarded to | ||||||
| 24 | the same person, firm, association,
partnership, | ||||||
| 25 | corporation, or cooperative association in the same | ||||||
| 26 | fiscal
year to exceed $25,000.
| ||||||
| |||||||
| |||||||
| 1 | (2) If:
| ||||||
| 2 | A. the award of the contract is approved by a | ||||||
| 3 | majority vote of the
governing body of the municipality | ||||||
| 4 | provided that any such interested member
shall abstain | ||||||
| 5 | from voting; and
| ||||||
| 6 | B. the amount of the contract does not exceed | ||||||
| 7 | $2,000; and
| ||||||
| 8 | C. the award of the contract would not cause the | ||||||
| 9 | aggregate amount of
all such contracts so awarded to | ||||||
| 10 | the same person, firm, association,
partnership, | ||||||
| 11 | corporation, or cooperative association in the same | ||||||
| 12 | fiscal
year to exceed $4,000; and
| ||||||
| 13 | D. such interested member publicly discloses the | ||||||
| 14 | nature and extent
of his interest prior to or during | ||||||
| 15 | deliberations concerning the proposed
award of the | ||||||
| 16 | contract; and
| ||||||
| 17 | E. such interested member abstains from voting on | ||||||
| 18 | the award of the
contract, though he shall be | ||||||
| 19 | considered present for the purposes of
establishing a | ||||||
| 20 | quorum.
| ||||||
| 21 | (b-5) In addition to the above exemptions, any elected or | ||||||
| 22 | appointed
member
of the governing body may provide materials, | ||||||
| 23 | merchandise, property, services,
or labor if:
| ||||||
| 24 | A. the contract is with a person, firm, partnership, | ||||||
| 25 | association,
corporation, or cooperative association in | ||||||
| 26 | which the interested member of the
governing body of the | ||||||
| |||||||
| |||||||
| 1 | municipality, advisory panel, or commission has less than
a | ||||||
| 2 | 1% share in the ownership; and
| ||||||
| 3 | B. the award of the contract is approved by a majority | ||||||
| 4 | vote of the
governing body of the municipality provided | ||||||
| 5 | that any such interested member
shall abstain from voting; | ||||||
| 6 | and
| ||||||
| 7 | C. such interested member publicly discloses the | ||||||
| 8 | nature and extent of his
interest before or during | ||||||
| 9 | deliberations concerning the proposed award of the
| ||||||
| 10 | contract; and
| ||||||
| 11 | D. such interested member abstains from voting on the | ||||||
| 12 | award of the
contract, though he shall be considered | ||||||
| 13 | present for the purposes of
establishing a quorum.
| ||||||
| 14 | (c) A contract for the procurement of public utility | ||||||
| 15 | services by
a
public entity with a public utility company is | ||||||
| 16 | not barred by this
Section by one or more members of the | ||||||
| 17 | governing body of the public
entity being an officer or | ||||||
| 18 | employee of the public utility company or
holding an ownership | ||||||
| 19 | interest of no more than 7 1/2% in the public
utility company, | ||||||
| 20 | or holding an ownership interest of any size if the public
| ||||||
| 21 | entity is a municipality with a population of less than 7,500 | ||||||
| 22 | and the public
utility's rates are approved by the Illinois | ||||||
| 23 | Commerce Commission. An elected
or appointed member of the | ||||||
| 24 | governing body of the public entity having such
an interest | ||||||
| 25 | shall be deemed not to have a prohibited interest under this
| ||||||
| 26 | Section.
| ||||||
| |||||||
| |||||||
| 1 | (d) Notwithstanding any other provision of this Section or | ||||||
| 2 | any
other
law to the contrary, until January 1, 1994, a member | ||||||
| 3 | of
the city council of a municipality with a population under | ||||||
| 4 | 20,000 may
purchase real estate from the municipality, at a | ||||||
| 5 | price of not less than
100% of the value of the real estate as | ||||||
| 6 | determined by a written MAI
certified appraisal or by a written | ||||||
| 7 | certified appraisal of a State
certified or licensed real | ||||||
| 8 | estate appraiser,
if the purchase is approved by a
unanimous | ||||||
| 9 | vote of the city council members then holding office (except | ||||||
| 10 | for
the member desiring to purchase the real estate, who shall | ||||||
| 11 | not vote on the
question).
| ||||||
| 12 | (e) For the purposes of this Section only, a municipal | ||||||
| 13 | officer shall not
be deemed interested if the officer is an | ||||||
| 14 | employee of a company or owns or
holds
an
interest of 1% or | ||||||
| 15 | less in the municipal officer's individual name in a company,
| ||||||
| 16 | or
both, that company is involved in the
transaction of | ||||||
| 17 | business
with the municipality, and that company's stock is | ||||||
| 18 | traded on a nationally
recognized securities market, provided | ||||||
| 19 | the interested member: (i) publicly
discloses the fact that he | ||||||
| 20 | or she is an employee or holds an interest of 1% or
less in a | ||||||
| 21 | company before deliberation of the proposed award of the
| ||||||
| 22 | contract; (ii) refrains from evaluating, recommending, | ||||||
| 23 | approving, deliberating,
or otherwise participating in | ||||||
| 24 | negotiation, approval, or both, of the contract,
work, or | ||||||
| 25 | business; (iii) abstains from voting on the award of the | ||||||
| 26 | contract
though he or she shall be considered present for | ||||||
| |||||||
| |||||||
| 1 | purposes of establishing a
quorum; and (iv) the contract is | ||||||
| 2 | approved by a majority vote of those members
currently holding | ||||||
| 3 | office.
| ||||||
| 4 | A municipal officer shall not be deemed interested if the | ||||||
| 5 | officer owns or
holds an interest of 1% or less, not in the | ||||||
| 6 | officer's individual name but
through a mutual fund or | ||||||
| 7 | exchange-traded fund, in a company, that company is involved in | ||||||
| 8 | the
transaction
of business with the municipality, and that | ||||||
| 9 | company's stock is traded on a
nationally recognized securities | ||||||
| 10 | market.
| ||||||
| 11 | (f) Under either of the following circumstances, a | ||||||
| 12 | municipal or county officer may hold a position on the board of | ||||||
| 13 | a not-for-profit corporation that is interested in a contract, | ||||||
| 14 | work, or business of the municipality or county: | ||||||
| 15 | (1) If the municipal or county officer is appointed by | ||||||
| 16 | the governing body of the municipality or county to | ||||||
| 17 | represent the interests of the municipality or county on a | ||||||
| 18 | not-for-profit corporation's board, then the municipal or | ||||||
| 19 | county officer may actively vote on matters involving | ||||||
| 20 | either that board or the municipality or county, at any | ||||||
| 21 | time, so long as the membership on the not-for-profit board | ||||||
| 22 | is not a paid position, except that the municipal or county | ||||||
| 23 | officer may be reimbursed by the not-for-profit | ||||||
| 24 | non-for-profit board for expenses incurred as the result of | ||||||
| 25 | membership on the not-for-profit non-for-profit board. | ||||||
| 26 | (2) If the municipal or county officer is not appointed | ||||||
| |||||||
| |||||||
| 1 | to the governing body of a not-for-profit corporation by | ||||||
| 2 | the governing body of the municipality or county, then the | ||||||
| 3 | municipal or county officer may continue to serve; however, | ||||||
| 4 | the municipal or county officer shall abstain from voting | ||||||
| 5 | on any proposition before the municipal or county governing | ||||||
| 6 | body directly involving the not-for-profit corporation | ||||||
| 7 | and, for those matters, shall not be counted as present for | ||||||
| 8 | the purposes of a quorum of the municipal or county | ||||||
| 9 | governing body. | ||||||
| 10 | (Source: P.A. 97-520, eff. 8-23-11; 98-1083, eff. 1-1-15; | ||||||
| 11 | revised 9-22-16.)
| ||||||
| 12 | Section 255. The Local Government Travel Expense Control | ||||||
| 13 | Act is amended by changing Sections 10 and 15 as follows:
| ||||||
| 14 | (50 ILCS 150/10)
| ||||||
| 15 | Sec. 10. Regulation of travel expenses. All local public | ||||||
| 16 | agencies shall, by resolution or ordinance, regulate the | ||||||
| 17 | reimbursement of all travel, meal, and lodging expenses of | ||||||
| 18 | officers and employees, including, but not limited to: (1) the | ||||||
| 19 | types of official business for which travel, meal, and lodging | ||||||
| 20 | expenses are allowed; (2) maximum allowable reimbursement for | ||||||
| 21 | travel, meal, and lodging expenses; and (3) a standardized form | ||||||
| 22 | for submission of travel, meal, and lodging expenses supported | ||||||
| 23 | by the minimum documentation required under Section 20 of this | ||||||
| 24 | Act. The regulations may allow for approval of expenses that | ||||||
| |||||||
| |||||||
| 1 | exceed the maximum allowable travel, meal, or lodging expenses | ||||||
| 2 | because of emergency or other extraordinary circumstances. On | ||||||
| 3 | and after 180 days after January 1, 2017 (the effective date of | ||||||
| 4 | this Act) of the 99th General Assembly, no travel, meal, or | ||||||
| 5 | lodging expense shall be approved or paid by a local public | ||||||
| 6 | agency unless regulations have been adopted under this Section.
| ||||||
| 7 | (Source: P.A. 99-604, eff. 1-1-17; revised 10-31-16.)
| ||||||
| 8 | (50 ILCS 150/15)
| ||||||
| 9 | Sec. 15. Approval of expenses. On or after 60 days after | ||||||
| 10 | January 1, 2017 (the effective date of this Act) of the 99th | ||||||
| 11 | General Assembly, expenses for travel, meals, and lodging of: | ||||||
| 12 | (1) any officer or employee that exceeds the maximum allowed | ||||||
| 13 | under the regulations adopted under Section 10 of this Act; or | ||||||
| 14 | (2) any member of the governing board or corporate authorities | ||||||
| 15 | of the local public agency, may only be approved by roll call | ||||||
| 16 | vote at an open meeting of the governing board or corporate | ||||||
| 17 | authorities of the local public agency.
| ||||||
| 18 | (Source: P.A. 99-604, eff. 1-1-17; revised 10-31-16.)
| ||||||
| 19 | Section 260. The Local Records Act is amended by changing | ||||||
| 20 | Section 6 as follows:
| ||||||
| 21 | (50 ILCS 205/6) (from Ch. 116, par. 43.106)
| ||||||
| 22 | Sec. 6.
For those agencies comprising counties of 3,000,000 | ||||||
| 23 | or more
inhabitants or located in or coterminous co-terminous | ||||||
| |||||||
| |||||||
| 1 | with any such county or a
majority of whose inhabitants reside | ||||||
| 2 | in any such county, this Act shall be
administered by a Local | ||||||
| 3 | Records Commission consisting of the president of
the county | ||||||
| 4 | board of the county wherein the records are kept, the mayor of
| ||||||
| 5 | the most populous city in such county, the State's attorney of | ||||||
| 6 | such county,
the County comptroller, the State archivist, and | ||||||
| 7 | the State historian. The
president of the county board shall be | ||||||
| 8 | the chairman of the Commission.
| ||||||
| 9 | For all other agencies, this Act shall be administered by a | ||||||
| 10 | Local
Records Commission consisting of a chairman of a county | ||||||
| 11 | board, who shall be
chairman of the Commission, a mayor or | ||||||
| 12 | president of a city, village or
incorporated town, a county | ||||||
| 13 | auditor, and a State's attorney, all of whom
shall be appointed | ||||||
| 14 | by the Governor, the State archivist, and the State
historian.
| ||||||
| 15 | A member of either Commission may designate a substitute.
| ||||||
| 16 | Either Commission may employ such technical, professional | ||||||
| 17 | and clerical
assistants as are necessary.
| ||||||
| 18 | Either Commission shall meet upon call of its chairman.
| ||||||
| 19 | (Source: Laws 1961, p. 3503; revised 9-20-16.)
| ||||||
| 20 | Section 265. The Illinois Police Training Act is amended by | ||||||
| 21 | setting forth, renumbering, and changing multiple versions of | ||||||
| 22 | Section 10.19 as follows:
| ||||||
| 23 | (50 ILCS 705/10.19) | ||||||
| 24 | Sec. 10.19. Training; administration of epinephrine. | ||||||
| |||||||
| |||||||
| 1 | (a) This Section, along with Section 40 of the State Police | ||||||
| 2 | Act, may be referred to as the Annie LeGere Law. | ||||||
| 3 | (b) For purposes of this Section, "epinephrine | ||||||
| 4 | auto-injector" means a single-use device used for the automatic | ||||||
| 5 | injection of a pre-measured dose of epinephrine into the human | ||||||
| 6 | body prescribed in the name of a local governmental agency. | ||||||
| 7 | (c) The Board shall conduct or approve an optional advanced | ||||||
| 8 | training program for police officers to recognize and respond | ||||||
| 9 | to anaphylaxis, including the administration of an epinephrine | ||||||
| 10 | auto-injector. The training must include, but is not limited | ||||||
| 11 | to: | ||||||
| 12 | (1) how to recognize symptoms of an allergic reaction; | ||||||
| 13 | (2) how to respond to an emergency involving an | ||||||
| 14 | allergic reaction; | ||||||
| 15 | (3) how to administer an epinephrine auto-injector; | ||||||
| 16 | (4) how to respond to an individual with a known | ||||||
| 17 | allergy as well as an individual with a previously unknown | ||||||
| 18 | allergy; | ||||||
| 19 | (5) a test demonstrating competency of the knowledge | ||||||
| 20 | required to recognize anaphylaxis and administer an | ||||||
| 21 | epinephrine auto-injector; and | ||||||
| 22 | (6) other criteria as determined in rules adopted by | ||||||
| 23 | the Board. | ||||||
| 24 | (d) A local governmental agency may authorize a police | ||||||
| 25 | officer who has completed an optional advanced training program | ||||||
| 26 | under subsection (c) to carry, administer, or assist with the | ||||||
| |||||||
| |||||||
| 1 | administration of epinephrine auto-injectors provided by the | ||||||
| 2 | local governmental agency whenever he or she is performing | ||||||
| 3 | official duties. | ||||||
| 4 | (e) A local governmental agency that authorizes its | ||||||
| 5 | officers to carry and administer epinephrine auto-injectors | ||||||
| 6 | under subsection (d) must establish a policy to control the | ||||||
| 7 | acquisition, storage, transportation, administration, and | ||||||
| 8 | disposal of epinephrine auto-injectors and to provide | ||||||
| 9 | continued training in the administration of epinephrine | ||||||
| 10 | auto-injectors. | ||||||
| 11 | (f) A physician, physician's assistant with prescriptive | ||||||
| 12 | authority, or advanced practice registered nurse with | ||||||
| 13 | prescriptive authority may provide a standing protocol or | ||||||
| 14 | prescription for epinephrine auto-injectors in the name of a | ||||||
| 15 | local governmental agency to be maintained for use when | ||||||
| 16 | necessary. | ||||||
| 17 | (g) When a police officer administers an epinephrine | ||||||
| 18 | auto-injector in good faith, the police officer and local | ||||||
| 19 | governmental agency, and its employees and agents, incur no | ||||||
| 20 | liability, except for willful and wanton conduct, as a result | ||||||
| 21 | of any injury or death arising from the use of an epinephrine | ||||||
| 22 | auto-injector.
| ||||||
| 23 | (Source: P.A. 99-711, eff. 1-1-17.)
| ||||||
| 24 | (50 ILCS 705/10.20) | ||||||
| 25 | Sec. 10.20 10.19. Disposal of medications. The Board shall | ||||||
| |||||||
| |||||||
| 1 | develop rules and minimum standards for local governmental | ||||||
| 2 | agencies that authorize police officers to dispose of unused | ||||||
| 3 | medications under Section 18 of the Safe Pharmaceutical | ||||||
| 4 | Disposal Act.
| ||||||
| 5 | (Source: P.A. 99-648, eff. 1-1-17; revised 10-21-16.)
| ||||||
| 6 | (50 ILCS 705/10.21) | ||||||
| 7 | Sec. 10.21 10.19. Training; sexual assault and sexual | ||||||
| 8 | abuse. | ||||||
| 9 | (a) The Illinois Law Enforcement Training Standards Board | ||||||
| 10 | shall conduct or approve training programs in trauma-informed | ||||||
| 11 | responses and investigations of sexual assault and sexual | ||||||
| 12 | abuse, which include, but is not limited to, the following: | ||||||
| 13 | (1) recognizing the symptoms of trauma; | ||||||
| 14 | (2) understanding the role trauma has played in a | ||||||
| 15 | victim's life; | ||||||
| 16 | (3) responding to the needs and concerns of a victim; | ||||||
| 17 | (4) delivering services in a compassionate, sensitive, | ||||||
| 18 | and nonjudgmental manner; | ||||||
| 19 | (5) interviewing techniques in accordance with the | ||||||
| 20 | curriculum standards in subsection (f) of this Section; | ||||||
| 21 | (6) understanding cultural perceptions and common | ||||||
| 22 | myths of sexual assault and sexual abuse; and | ||||||
| 23 | (7) report writing techniques in accordance with the | ||||||
| 24 | curriculum standards in subsection (f) of this Section. | ||||||
| 25 | (b) This training must be presented in all full and | ||||||
| |||||||
| |||||||
| 1 | part-time basic law enforcement academies on or before July 1, | ||||||
| 2 | 2018. | ||||||
| 3 | (c) Agencies employing law enforcement officers must | ||||||
| 4 | present this training to all law enforcement officers within 3 | ||||||
| 5 | years after January 1, 2017 (the effective date of Public Act | ||||||
| 6 | 99-801) this amendatory Act of the 99th General Assembly and | ||||||
| 7 | must present in-service training on sexual assault and sexual | ||||||
| 8 | abuse response and report writing training requirements every 3 | ||||||
| 9 | years. | ||||||
| 10 | (d) Agencies employing law enforcement officers who | ||||||
| 11 | conduct sexual assault and sexual abuse investigations must | ||||||
| 12 | provide specialized training to these officers on sexual | ||||||
| 13 | assault and sexual abuse investigations within 2 years after | ||||||
| 14 | January 1, 2017 (the effective date of Public Act 99-801) this | ||||||
| 15 | amendatory Act of the 99th General Assembly and must present | ||||||
| 16 | in-service training on sexual assault and sexual abuse | ||||||
| 17 | investigations to these officers every 3 years. | ||||||
| 18 | (e) Instructors providing this training shall have | ||||||
| 19 | successfully completed training on evidence-based, | ||||||
| 20 | trauma-informed, victim-centered response to cases of sexual | ||||||
| 21 | assault and sexual abuse and have experience responding to | ||||||
| 22 | sexual assault and sexual abuse cases. | ||||||
| 23 | (f) The Board shall adopt rules, in consultation with the | ||||||
| 24 | Office of the Illinois Attorney General and the Department of | ||||||
| 25 | State Police, to determine the specific training requirements | ||||||
| 26 | for these courses, including, but not limited to, the | ||||||
| |||||||
| |||||||
| 1 | following: | ||||||
| 2 | (1) evidence-based curriculum standards for report | ||||||
| 3 | writing and immediate response to sexual assault and sexual | ||||||
| 4 | abuse, including trauma-informed, victim-centered | ||||||
| 5 | interview techniques, which have been demonstrated to | ||||||
| 6 | minimize retraumatization, for probationary police | ||||||
| 7 | officers and all law enforcement officers; and | ||||||
| 8 | (2) evidence-based curriculum standards for | ||||||
| 9 | trauma-informed, victim-centered investigation and | ||||||
| 10 | interviewing techniques, which have been demonstrated to | ||||||
| 11 | minimize retraumatization, for cases of sexual assault and | ||||||
| 12 | sexual abuse for law enforcement officers who conduct | ||||||
| 13 | sexual assault and sexual abuse investigations.
| ||||||
| 14 | (Source: P.A. 99-801, eff. 1-1-17; revised 10-21-16.)
| ||||||
| 15 | Section 270. The Regional Fire Protection Agency Act is | ||||||
| 16 | amended by changing Section 25 as follows:
| ||||||
| 17 | (50 ILCS 741/25)
| ||||||
| 18 | Sec. 25. Creation of an Agency by petition and referendum.
| ||||||
| 19 | (a) Petition. A Regional Fire Protection Agency may | ||||||
| 20 | exclusively be formed upon petition signed by the lesser of: | ||||||
| 21 | (i) at least 8% of the total votes cast for candidates for | ||||||
| 22 | Governor in the preceding gubernatorial election in each of the | ||||||
| 23 | units of local government governments included in the Regional | ||||||
| 24 | Fire Protection Agency; or (ii) at least 500 legal voters in | ||||||
| |||||||
| |||||||
| 1 | each of the units of local government to be included in the | ||||||
| 2 | Regional Fire Protection Agency. The petition shall be filed in | ||||||
| 3 | the circuit court of the county in which the greater part of | ||||||
| 4 | the land of the proposed Regional Fire Protection Agency shall | ||||||
| 5 | be situated. The petition shall set forth the names of the | ||||||
| 6 | units of local government proposed to be included, the name of | ||||||
| 7 | the proposed Regional Fire Protection Agency, the benefits of | ||||||
| 8 | consolidating the units of local government within a Regional | ||||||
| 9 | Fire Protection Agency, the names of the representatives of the | ||||||
| 10 | petitioners from each unit of local government who shall be | ||||||
| 11 | authorized to serve on the Joint Committee, and up to 3 | ||||||
| 12 | alternate representatives from each unit of local government in | ||||||
| 13 | the event a designated representative ceases to be an elector | ||||||
| 14 | of their jurisdiction or resigns from the Joint Committee. Upon | ||||||
| 15 | its filing, the petition shall be presented to the court, and | ||||||
| 16 | the court shall fix the date and hour for a hearing.
| ||||||
| 17 | (b) Notice of Hearing. Upon the filing of the petition, the | ||||||
| 18 | court shall set a hearing date that is at least 4 weeks, but | ||||||
| 19 | not more than 8 weeks, after the date the petition is filed. | ||||||
| 20 | The court, clerk, petitioner's counsel, or sheriff shall, upon | ||||||
| 21 | order of the court, give notice 21 days before the hearing in | ||||||
| 22 | one or more daily or weekly newspapers of general circulation | ||||||
| 23 | in each county where an affected unit of local government is | ||||||
| 24 | organized. The notice must describe the units of local | ||||||
| 25 | government to be included and shall state that if the | ||||||
| 26 | conditions required by this Section are met, then the | ||||||
| |||||||
| |||||||
| 1 | proposition for the creation of the Agency shall be submitted | ||||||
| 2 | to the voters of the units of local government in the proposed | ||||||
| 3 | Agency by order of the court. | ||||||
| 4 | (c) Hearing and referendum. At the hearing, the court shall | ||||||
| 5 | first determine whether the petition is supported by the | ||||||
| 6 | required number of valid signatures of legal voters within the | ||||||
| 7 | contiguous units of local government. If the petition is | ||||||
| 8 | proper, then the court shall remand the matter to a Special | ||||||
| 9 | Mediator who shall mediate the negotiations regarding the terms | ||||||
| 10 | of an intergovernmental agreement by the members of the Joint | ||||||
| 11 | Committee as provided in subsection (d) of this Section. The | ||||||
| 12 | Special Mediator shall be a member of the bar of the State of | ||||||
| 13 | Illinois or a member of the faculty of an accredited law | ||||||
| 14 | school. The Special Mediator shall have practiced law for at | ||||||
| 15 | least 7 years and be knowledgeable about municipal, labor, | ||||||
| 16 | employment, and election law. The Special Mediator shall be | ||||||
| 17 | free of any conflicts of interest. The Special Mediator shall | ||||||
| 18 | have strong mediation skills and the temperament and training | ||||||
| 19 | to listen well, facilitate communication, and assist with | ||||||
| 20 | negotiations. Special Mediators shall have sufficient | ||||||
| 21 | experience and familiarity with municipal, labor, employment, | ||||||
| 22 | and election law to provide a credible evaluation and | ||||||
| 23 | assessment of relative positions. The Special Mediator | ||||||
| 24 | assigned to mediate the Joint Committee's negotiations shall be | ||||||
| 25 | selected by the members of the Joint Committee from a panel of | ||||||
| 26 | 7 individuals provided by the Joint Labor Management Committee, | ||||||
| |||||||
| |||||||
| 1 | as it is defined in Section 50 of the Fire Department Promotion | ||||||
| 2 | Act. The panel shall be randomly selected by the Joint Labor | ||||||
| 3 | Management Committee from a master list maintained by the Joint | ||||||
| 4 | Labor Management Committee consisting of at least 14 qualified | ||||||
| 5 | Special Mediators. If the members fail to agree, the court | ||||||
| 6 | shall appoint the Special Mediator. The Joint Committee may | ||||||
| 7 | elect to conduct negotiations without the assistance of the | ||||||
| 8 | Special Mediator upon a majority vote of the Joint Committee. | ||||||
| 9 | To certify a question for referendum, the court must find that: | ||||||
| 10 | (i) based upon a preponderance of the evidence, at least 2 of | ||||||
| 11 | the 3 Joint Committee representatives appointed by the court | ||||||
| 12 | for each unit of local government included in the proposed | ||||||
| 13 | Agency have executed an intergovernmental agreement that | ||||||
| 14 | includes terms that are in compliance with the requirements | ||||||
| 15 | under subsection (d) of this Section; (ii) the terms of an | ||||||
| 16 | agreed-upon intergovernmental agreement have been approved by | ||||||
| 17 | the requisite governing bodies of each of the units of local | ||||||
| 18 | government; and (iii) should the terms of an agreed-upon | ||||||
| 19 | intergovernmental agreement change the terms of the collective | ||||||
| 20 | bargaining agreement for a bargaining unit of employees of any | ||||||
| 21 | local unit of government of the proposed Regional Fire | ||||||
| 22 | Protection Agency, any affected collective bargaining units | ||||||
| 23 | must also approve all such changes in the terms of the | ||||||
| 24 | collective bargaining agreement. | ||||||
| 25 | (d) Joint Committee. The court shall allow appointments to | ||||||
| 26 | the Joint Committee as follows:
| ||||||
| |||||||
| |||||||
| 1 | (1) A representative of each unit of local government | ||||||
| 2 | included within the proposed service area of the proposed | ||||||
| 3 | Agency.
| ||||||
| 4 | (2) A representative of each collective bargaining | ||||||
| 5 | unit that is a party to a collective bargaining agreement | ||||||
| 6 | with a unit of local government to provide fire suppression | ||||||
| 7 | or emergency medical services, or both, included within the | ||||||
| 8 | proposed Agency. | ||||||
| 9 | (3) A representative for the petitioners from each unit | ||||||
| 10 | of local government included within the proposed Agency, as | ||||||
| 11 | designated by the petition, or, if none are designated or | ||||||
| 12 | willing to serve, then chosen by the court from among the | ||||||
| 13 | legal voters that signed the petition. | ||||||
| 14 | (e) Joint Committee Negotiations. After remand, the | ||||||
| 15 | Special Mediator shall schedule a meeting of the Joint | ||||||
| 16 | Committee and facilitate the members in negotiating the terms | ||||||
| 17 | of an intergovernmental agreement. The first order of business | ||||||
| 18 | shall be to establish a financial baseline for the current | ||||||
| 19 | costs of fire and emergency medical services provided by the | ||||||
| 20 | units of local government party to the Joint Committee. To this | ||||||
| 21 | end, each unit of local government party to the Joint Committee | ||||||
| 22 | shall disclose to the Joint Committee the total aggregate | ||||||
| 23 | expenditures it allocates for providing all fire, rescue, and | ||||||
| 24 | emergency medical services. These expenditures shall include, | ||||||
| 25 | but are not limited to, the following cost factors: (i) all | ||||||
| 26 | expenses from the corporate fund and other operational funds | ||||||
| |||||||
| |||||||
| 1 | related to fire protection services, whether direct or | ||||||
| 2 | indirect, for the current fiscal year; and (ii) all costs, | ||||||
| 3 | whether direct or indirect, paid from other funds, including, | ||||||
| 4 | but not limited to, capital or building funds, pension funds, | ||||||
| 5 | workers' compensation funds, health insurance funds, | ||||||
| 6 | enterprise funds, administrative funds, and all other funds | ||||||
| 7 | from which money is, or may be, paid or transferred to pay for | ||||||
| 8 | the administration and compensation or benefits for employees | ||||||
| 9 | or persons assigned to provide fire or emergency medical | ||||||
| 10 | services or related services, equipment, and buildings and | ||||||
| 11 | their maintenance or operation and debt service for any | ||||||
| 12 | expenditures related to these or related cost factors. | ||||||
| 13 | The Special Mediator or the court, or both if necessary, | ||||||
| 14 | shall facilitate the computation and production of this | ||||||
| 15 | financial baseline unless the Joint Committee elects to conduct | ||||||
| 16 | negotiations without the assistance of the Special Mediator. | ||||||
| 17 | The financial baseline shall serve as the predicate to: (i) the | ||||||
| 18 | annual contributions to be made by each unit of local | ||||||
| 19 | government to the costs of providing fire and emergency medical | ||||||
| 20 | services to the service area established for the proposed | ||||||
| 21 | Regional Fire Protection Agency; and (ii) for the court's | ||||||
| 22 | findings pursuant to subsection (f) of this Section. | ||||||
| 23 | The Joint Committee may take note or give due consideration | ||||||
| 24 | to available resources, studies, and plans that may facilitate | ||||||
| 25 | the resolution of issues relating to the terms of an agreement. | ||||||
| 26 | Negotiations may continue for a period of 90 days or, if the | ||||||
| |||||||
| |||||||
| 1 | court determines that additional time will facilitate | ||||||
| 2 | agreement, longer. | ||||||
| 3 | If no agreement is reached, the court shall dismiss the | ||||||
| 4 | petition. If an agreement is reached, the court shall schedule | ||||||
| 5 | an evidentiary hearing with notice to determine if the terms of | ||||||
| 6 | the agreement are in compliance with the requirements of | ||||||
| 7 | subsection (f) of this Section. The expenses of the Special | ||||||
| 8 | Mediator shall be apportioned equally among the included units | ||||||
| 9 | of local government unless the parties agree otherwise in the | ||||||
| 10 | intergovernmental agreement. | ||||||
| 11 | If the intergovernmental agreement has been approved by the | ||||||
| 12 | governing bodies of at least 2 units of local government | ||||||
| 13 | included in the original petition, then the petition may | ||||||
| 14 | proceed, provided that the agreement is also executed by at | ||||||
| 15 | least 2 of 3 Joint Committee representatives from each affected | ||||||
| 16 | unit of local government included in the original petition. The | ||||||
| 17 | units of local government that did not consent to inclusion | ||||||
| 18 | shall be dismissed, and an amended petition on behalf of the | ||||||
| 19 | consenting units of local government shall be scheduled for an | ||||||
| 20 | evidentiary hearing. | ||||||
| 21 | The persons or entities, or their duly authorized | ||||||
| 22 | representatives, that shall have standing to present evidence | ||||||
| 23 | at the hearing are the petitioners, the units of local | ||||||
| 24 | government that sought to be included in the proposed Agency, | ||||||
| 25 | and the representatives of each collective bargaining unit that | ||||||
| 26 | is a party to a collective bargaining agreement with a fire | ||||||
| |||||||
| |||||||
| 1 | protection jurisdiction within a unit of local government | ||||||
| 2 | included within the proposed Agency. | ||||||
| 3 | If the court finds, by a preponderance of the evidence, | ||||||
| 4 | that the petition is supported by a proper intergovernmental | ||||||
| 5 | agreement, the court shall enter an order certifying the | ||||||
| 6 | proposition to the proper election officials, who shall submit | ||||||
| 7 | the question of the creation of the proposed Agency to the | ||||||
| 8 | legal voters of each included unit of local government at the | ||||||
| 9 | next election. Notice of the election shall be given and the | ||||||
| 10 | election conducted in the manner provided by the general | ||||||
| 11 | election law. The notice shall state the boundaries of the | ||||||
| 12 | proposed Agency. | ||||||
| 13 | The question shall be submitted in substantially the | ||||||
| 14 | following form: | ||||||
| 15 | Shall the service areas of (names of existing units of | ||||||
| 16 | local government to be combined) be combined to create the | ||||||
| 17 | (name of the Regional Fire Protection Agency)? | ||||||
| 18 | Responses shall be recorded as "Yes" or "No". | ||||||
| 19 | A written statement of the election results shall be filed | ||||||
| 20 | with the court. If, in each unit of local government included | ||||||
| 21 | within the boundaries of the Regional Fire Protection Agency, a | ||||||
| 22 | majority of the voters voting on the question favor the | ||||||
| 23 | proposition, then the court shall issue an order stating that | ||||||
| 24 | the Agency has been approved. | ||||||
| 25 | (f) Intergovernmental agreement; minimum standards of | ||||||
| 26 | service. The terms of the intergovernmental agreement shall | ||||||
| |||||||
| |||||||
| 1 | ensure that all of the following standards of service are met: | ||||||
| 2 | (1) The formation of the Agency shall result in no net | ||||||
| 3 | increase in the cost of fire protection services and | ||||||
| 4 | emergency medical services to the units of local government | ||||||
| 5 | in the proposed Agency due to the reduction or elimination | ||||||
| 6 | of
duplicative administrative costs, operational costs, | ||||||
| 7 | equipment costs, or capital expenditures unless members of | ||||||
| 8 | the Joint Committee can demonstrate that an increase in the | ||||||
| 9 | cost to a participating unit of local government is | ||||||
| 10 | justified by a corresponding increase in the level of | ||||||
| 11 | services provided under the terms of the intergovernmental | ||||||
| 12 | agreement. | ||||||
| 13 | (2) The formation of the Agency shall not increase the | ||||||
| 14 | average response times in any included unit of local | ||||||
| 15 | government.
| ||||||
| 16 | (3) Agencies shall have no independent ability to levy | ||||||
| 17 | taxes and shall rely on the fiscal support and | ||||||
| 18 | contributions from component fire protection | ||||||
| 19 | jurisdictions, as required under the terms of the | ||||||
| 20 | intergovernmental agreement.
| ||||||
| 21 | (Source: P.A. 98-1095, eff. 8-26-14; revised 9-20-16.)
| ||||||
| 22 | Section 275. The Counties Code is amended by changing | ||||||
| 23 | Sections 3-6012.1, 4-2002.1, 4-11001.5, 5-25013, and 5-43035 | ||||||
| 24 | as follows:
| ||||||
| |||||||
| |||||||
| 1 | (55 ILCS 5/3-6012.1)
| ||||||
| 2 | Sec. 3-6012.1. Court security officers. The sheriff of any | ||||||
| 3 | county in
Illinois with
less than 3,000,000 inhabitants may | ||||||
| 4 | hire court security officers in such
number as the county
board | ||||||
| 5 | shall from time to time deem necessary. Court security officers | ||||||
| 6 | may be
designated by the Sheriff to attend courts and perform | ||||||
| 7 | the functions set forth
in Section
3-6023. Court security | ||||||
| 8 | officers shall have the authority to arrest; however,
such | ||||||
| 9 | arrest powers shall be limited to performance of their official | ||||||
| 10 | duties as
court security officers. Court security officers may | ||||||
| 11 | carry weapons, upon which
they have been trained and qualified | ||||||
| 12 | as permitted by law, at their place of
employment and to and | ||||||
| 13 | from their place of employment with the consent of the
Sheriff. | ||||||
| 14 | The court security officers shall be sworn officers of the | ||||||
| 15 | Sheriff
and shall be primarily responsible for the security of | ||||||
| 16 | the courthouse and its
courtrooms. The court security officers | ||||||
| 17 | shall be under the sole control of
the sheriff of the county in | ||||||
| 18 | which they are hired. No court security officer shall be | ||||||
| 19 | subject to the jurisdiction of a Sheriff's Merit Commission | ||||||
| 20 | unless the officer was hired through the Sheriff's Merit | ||||||
| 21 | Commission's certified applicant process under Section 3-8010 | ||||||
| 22 | of the Counties Code. They are not regular appointed deputies | ||||||
| 23 | under
Section 3-6008. The position of court security officer | ||||||
| 24 | shall not be considered
a rank when seeking initial appointment | ||||||
| 25 | as deputy sheriff under Section
3-8011.
| ||||||
| 26 | Every court security officer hired on or after June 1, 1997 | ||||||
| |||||||
| |||||||
| 1 | (the effective date of Public Act 89-685) this
amendatory Act | ||||||
| 2 | of 1996
shall serve a probationary period of 12 months during | ||||||
| 3 | which time they may
be discharged at the will of the Sheriff.
| ||||||
| 4 | (Source: P.A. 99-10, eff. 1-1-16; revised 9-20-16.)
| ||||||
| 5 | (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
| ||||||
| 6 | Sec. 4-2002.1. State's attorney fees in counties of | ||||||
| 7 | 3,000,000 or more
population. This Section applies only to | ||||||
| 8 | counties with 3,000,000 or more
inhabitants.
| ||||||
| 9 | (a) State's attorneys shall be entitled to the following | ||||||
| 10 | fees:
| ||||||
| 11 | For each conviction in prosecutions on indictments for | ||||||
| 12 | first degree
murder, second degree murder, involuntary | ||||||
| 13 | manslaughter, criminal sexual
assault, aggravated criminal | ||||||
| 14 | sexual assault, aggravated criminal sexual
abuse, kidnapping, | ||||||
| 15 | arson and forgery, $60. All other cases punishable by
| ||||||
| 16 | imprisonment in the penitentiary, $60.
| ||||||
| 17 | For each conviction in other cases tried before judges of | ||||||
| 18 | the circuit
court, $30; except that if the conviction is in a | ||||||
| 19 | case which may be
assigned to an associate judge, whether or | ||||||
| 20 | not it is in fact assigned to
an associate judge, the fee shall | ||||||
| 21 | be $20.
| ||||||
| 22 | For preliminary examinations for each defendant held to | ||||||
| 23 | bail or
recognizance, $20.
| ||||||
| 24 | For each examination of a party bound over to keep the | ||||||
| 25 | peace, $20.
| ||||||
| |||||||
| |||||||
| 1 | For each defendant held to answer in a circuit court on a | ||||||
| 2 | charge of
paternity, $20.
| ||||||
| 3 | For each trial on a charge of paternity, $60.
| ||||||
| 4 | For each case of appeal taken from his county or from the | ||||||
| 5 | county to
which a change of venue is taken to his county to the | ||||||
| 6 | Supreme or
Appellate Court when prosecuted or defended by him, | ||||||
| 7 | $100.
| ||||||
| 8 | For each day actually employed in the trial of a case, $50; | ||||||
| 9 | in which
case the court before whom the case is tried shall | ||||||
| 10 | make an order
specifying the number of days for which a per | ||||||
| 11 | diem shall be allowed.
| ||||||
| 12 | For each day actually employed in the trial of cases of | ||||||
| 13 | felony
arising in their respective counties and taken by change | ||||||
| 14 | of venue to
another county, $50; and the court before whom the | ||||||
| 15 | case is tried shall
make an order specifying the number of days | ||||||
| 16 | for which said per diem
shall be allowed; and it is hereby made | ||||||
| 17 | the duty of each State's
attorney to prepare and try each case | ||||||
| 18 | of felony arising when so taken by
change of venue.
| ||||||
| 19 | For assisting in a trial of each case on an indictment for | ||||||
| 20 | felony
brought by change of venue to their respective counties, | ||||||
| 21 | the same fees
they would be entitled to if such indictment had | ||||||
| 22 | been found for an
offense committed in his county, and it shall | ||||||
| 23 | be the duty of the
State's attorney of the county to which such | ||||||
| 24 | cause is taken by
change of venue to assist in the trial | ||||||
| 25 | thereof.
| ||||||
| 26 | For each case of forfeited recognizance where the | ||||||
| |||||||
| |||||||
| 1 | forfeiture is set
aside at the instance of the defense, in | ||||||
| 2 | addition to the ordinary costs,
$20 for each defendant.
| ||||||
| 3 | For each proceeding in a circuit court to inquire into the | ||||||
| 4 | alleged
mental illness of any person, $20 for each defendant.
| ||||||
| 5 | For each proceeding in a circuit court to inquire into the | ||||||
| 6 | alleged
dependency or delinquency of any child, $20.
| ||||||
| 7 | For each day actually employed in the hearing of a case of | ||||||
| 8 | habeas
corpus in which the people are interested, $50.
| ||||||
| 9 | All the foregoing fees shall be taxed as costs to be | ||||||
| 10 | collected from
the defendant, if possible, upon conviction. But | ||||||
| 11 | in cases of inquiry
into the mental illness of any person | ||||||
| 12 | alleged to be mentally ill, in
cases on a charge of paternity | ||||||
| 13 | and in cases of appeal in the Supreme or
Appellate Court, where | ||||||
| 14 | judgment is in favor of the accused, the fees
allowed the | ||||||
| 15 | State's attorney therein shall be retained out of the fines
and | ||||||
| 16 | forfeitures collected by them in other cases.
| ||||||
| 17 | Ten per cent of all moneys except revenue, collected by | ||||||
| 18 | them and paid
over to the authorities entitled thereto, which | ||||||
| 19 | per cent together with
the fees provided for herein that are | ||||||
| 20 | not collected from the parties
tried or examined, shall be paid | ||||||
| 21 | out of any fines and forfeited
recognizances collected by them, | ||||||
| 22 | provided however, that in proceedings
to foreclose the lien of | ||||||
| 23 | delinquent real estate taxes State's attorneys
shall receive a | ||||||
| 24 | fee, to be credited to the earnings of their office, of 10%
of | ||||||
| 25 | the total amount realized from the sale of real estate sold in | ||||||
| 26 | such
proceedings. Such fees shall be paid from the total amount | ||||||
| |||||||
| |||||||
| 1 | realized from
the sale of the real estate sold in such | ||||||
| 2 | proceedings.
| ||||||
| 3 | State's attorneys shall have a lien for their fees on all | ||||||
| 4 | judgments
for fines or forfeitures procured by them and on | ||||||
| 5 | moneys except revenue
received by them until such fees and | ||||||
| 6 | earnings are fully paid.
| ||||||
| 7 | No fees shall be charged on more than 10 counts in any one | ||||||
| 8 | indictment
or information on trial and conviction; nor on more | ||||||
| 9 | than 10 counts
against any one defendant on pleas of guilty.
| ||||||
| 10 | The Circuit Court may direct that of all monies received, | ||||||
| 11 | by
restitution or otherwise, which monies are ordered paid to | ||||||
| 12 | the
Department of Healthcare and Family Services (formerly | ||||||
| 13 | Department of Public Aid) or the Department of Human Services | ||||||
| 14 | (acting as
successor to the Department of Public Aid under the | ||||||
| 15 | Department of Human
Services Act) as a direct result of the | ||||||
| 16 | efforts
of the
State's attorney and which payments arise from | ||||||
| 17 | Civil or Criminal
prosecutions involving the Illinois Public | ||||||
| 18 | Aid Code or the Criminal Code,
the
following amounts shall be | ||||||
| 19 | paid quarterly by the Department of Healthcare and Family | ||||||
| 20 | Services or the Department of Human Services to the General | ||||||
| 21 | Corporate Fund of
the County in which the prosecution
or cause | ||||||
| 22 | of action took place:
| ||||||
| 23 | (1) where the monies result from child support | ||||||
| 24 | obligations, not
less than 25% of the federal share of the | ||||||
| 25 | monies received,
| ||||||
| 26 | (2) where the monies result from other than child | ||||||
| |||||||
| |||||||
| 1 | support
obligations, not less than 25% of the State's share | ||||||
| 2 | of the monies received.
| ||||||
| 3 | In addition to any other amounts to which State's Attorneys | ||||||
| 4 | are entitled under this Section, State's Attorneys are entitled | ||||||
| 5 | to $10 of the fine that is imposed under Section 5-9-1.17 of | ||||||
| 6 | the Unified Code of Corrections, as set forth in that Section. | ||||||
| 7 | (b) A municipality shall be entitled to a $25 prosecution | ||||||
| 8 | fee for each
conviction for a violation of the Illinois Vehicle | ||||||
| 9 | Code prosecuted by the
municipal attorney pursuant to Section | ||||||
| 10 | 16-102 of that Code which is tried
before a circuit or | ||||||
| 11 | associate judge and shall be entitled to a $25
prosecution fee | ||||||
| 12 | for each conviction for a violation of a municipal vehicle
| ||||||
| 13 | ordinance prosecuted by the municipal attorney which is tried | ||||||
| 14 | before a
circuit or associate judge. Such fee shall be taxed as | ||||||
| 15 | costs to be
collected from the defendant, if possible, upon | ||||||
| 16 | conviction. A municipality
shall have a lien for such | ||||||
| 17 | prosecution fees on all judgments or fines
procured by the | ||||||
| 18 | municipal attorney from prosecutions for violations of the
| ||||||
| 19 | Illinois Vehicle Code and municipal vehicle ordinances.
| ||||||
| 20 | For the purposes of this subsection (b), "municipal vehicle | ||||||
| 21 | ordinance"
means any ordinance enacted pursuant to Sections | ||||||
| 22 | 11-40-1, 11-40-2, 11-40-2a, and
11-40-3 of the Illinois | ||||||
| 23 | Municipal Code or any ordinance enacted by a
municipality which | ||||||
| 24 | is similar to a provision of Chapter 11 of the Illinois
Vehicle | ||||||
| 25 | Code. | ||||||
| 26 | (c) State's attorneys shall be entitled to a $2 fee to be | ||||||
| |||||||
| |||||||
| 1 | paid
by the defendant on a judgment of guilty or a grant of | ||||||
| 2 | supervision for a violation of any provision of the Illinois
| ||||||
| 3 | Vehicle Code or any felony, misdemeanor, or petty offense to
| ||||||
| 4 | discharge the expenses of the State's Attorney's office for
| ||||||
| 5 | establishing and maintaining automated record keeping systems.
| ||||||
| 6 | The fee shall be remitted monthly to the county treasurer, to
| ||||||
| 7 | be deposited by him or her into a special fund designated as
| ||||||
| 8 | the State's Attorney Records Automation Fund. Expenditures
| ||||||
| 9 | from this fund may be made by the State's Attorney for
| ||||||
| 10 | hardware, software, research, and development costs and
| ||||||
| 11 | personnel related thereto. | ||||||
| 12 | For the purposes of this subsection (b), "municipal vehicle | ||||||
| 13 | ordinance"
means any ordinance enacted pursuant to Sections | ||||||
| 14 | 11-40-1, 11-40-2, 11-40-2a, and
11-40-3 of the Illinois | ||||||
| 15 | Municipal Code or any ordinance enacted by a
municipality which | ||||||
| 16 | is similar to a provision of Chapter 11 of the Illinois
Vehicle | ||||||
| 17 | Code.
| ||||||
| 18 | (Source: P.A. 96-707, eff. 1-1-10; 96-1186, eff. 7-22-10; | ||||||
| 19 | 97-673, eff. 6-1-12; revised 10-31-16.)
| ||||||
| 20 | (55 ILCS 5/4-11001.5) | ||||||
| 21 | (Section scheduled to be repealed on December 31, 2019) | ||||||
| 22 | Sec. 4-11001.5. Lake County Children's Advocacy Center | ||||||
| 23 | Pilot Program. | ||||||
| 24 | (a) The Lake County Children's Advocacy Center Pilot | ||||||
| 25 | Program is established. Under the Pilot Program, any grand | ||||||
| |||||||
| |||||||
| 1 | juror or petit juror in Lake County may elect to have his or | ||||||
| 2 | her juror fees earned under Section 4-11001 of this Code to be | ||||||
| 3 | donated to the Lake County Children's Advocacy Center, a | ||||||
| 4 | division of the Lake County State's Attorney's office. | ||||||
| 5 | (b) On or before January 1, 2017, the Lake County board | ||||||
| 6 | shall adopt, by ordinance or resolution, rules and policies | ||||||
| 7 | governing and effectuating the ability of jurors to donate | ||||||
| 8 | their juror fees to the Lake County Children's Advocacy Center | ||||||
| 9 | beginning January 1, 2017 and ending December 31, 2018. At a | ||||||
| 10 | minimum, the rules and policies must provide: | ||||||
| 11 | (1) for a form that a juror may fill out to elect to | ||||||
| 12 | donate his or her their juror fees. The form must contain a | ||||||
| 13 | statement, in at least 14-point bold type, that donation of | ||||||
| 14 | juror fees is optional; | ||||||
| 15 | (2) that all monies donated by jurors shall be | ||||||
| 16 | transferred by the county to the Lake County Children's | ||||||
| 17 | Advocacy Center at the same time a juror is paid under | ||||||
| 18 | Section 4-11001 of this Code who did not elect to donate | ||||||
| 19 | his or her their juror fees; and | ||||||
| 20 | (3) that all juror fees donated under this Section | ||||||
| 21 | shall be used exclusively for the operation of Lake County | ||||||
| 22 | Children's Advocacy Center. | ||||||
| 23 | (c) The following information shall be reported to the | ||||||
| 24 | General Assembly and the Governor by the Lake County board | ||||||
| 25 | after each calendar year of the Pilot Program on or before | ||||||
| 26 | March 31, 2018 and March 31, 2019: | ||||||
| |||||||
| |||||||
| 1 | (1) the number of grand and petit jurors who earned | ||||||
| 2 | fees under Section 4-11001 of this Code during the previous | ||||||
| 3 | calendar year; | ||||||
| 4 | (2) the number of grand and petit jurors who donated | ||||||
| 5 | fees under this Section during the previous calendar year; | ||||||
| 6 | (3) the amount of donated fees under this Section | ||||||
| 7 | during the previous calendar year; | ||||||
| 8 | (4) how the monies donated in the previous calendar | ||||||
| 9 | year were used by the Lake County Children's Advocacy | ||||||
| 10 | Center; and | ||||||
| 11 | (5) how much cost there was incurred by Lake County and | ||||||
| 12 | the Lake County State's Attorney's office in the previous | ||||||
| 13 | calendar year in implementing the Pilot Program. | ||||||
| 14 | (d) This Section is repealed on December 31, 2019.
| ||||||
| 15 | (Source: P.A. 99-583, eff. 7-15-16; revised 9-1-16.)
| ||||||
| 16 | (55 ILCS 5/5-25013) (from Ch. 34, par. 5-25013)
| ||||||
| 17 | Sec. 5-25013. Organization of board; powers and duties.
| ||||||
| 18 | (A) The board of health of each county or multiple-county | ||||||
| 19 | health department
shall, immediately after appointment, meet | ||||||
| 20 | and organize, by the election
of one of its number as president | ||||||
| 21 | and one as secretary, and either from
its number or otherwise, | ||||||
| 22 | a treasurer and such other officers as it may deem
necessary. A | ||||||
| 23 | board of health may make and adopt such rules for its own | ||||||
| 24 | guidance
and for the government of the health department as may | ||||||
| 25 | be deemed necessary
to protect and improve public health not | ||||||
| |||||||
| |||||||
| 1 | inconsistent with this
Division. It shall:
| ||||||
| 2 | 1. Hold a meeting prior to the end of each operating | ||||||
| 3 | fiscal year, at
which meeting officers shall be elected for | ||||||
| 4 | the ensuing operating fiscal year.
| ||||||
| 5 | 2. Hold meetings at least quarterly.
| ||||||
| 6 | 3. Hold special meetings upon a written request signed | ||||||
| 7 | by two members
and filed with the Secretary or on request | ||||||
| 8 | of the medical health officer
or public health | ||||||
| 9 | administrator.
| ||||||
| 10 | 4. Provide, equip and maintain suitable offices, | ||||||
| 11 | facilities and appliances
for the health department.
| ||||||
| 12 | 5. Publish annually, within 90 days after the end of | ||||||
| 13 | the county's operating
fiscal year, in pamphlet form, for | ||||||
| 14 | free distribution, an annual report
showing the condition | ||||||
| 15 | of its trust on the last day of the most recently
completed | ||||||
| 16 | operating fiscal year, the sums of money received from all
| ||||||
| 17 | sources, giving the name of any donor, how all moneys have | ||||||
| 18 | been expended
and for what purpose, and such other | ||||||
| 19 | statistics and information in regard
to the work of the | ||||||
| 20 | health department as it may deem of general interest.
| ||||||
| 21 | 6. Within its jurisdiction, and professional and | ||||||
| 22 | technical competence,
enforce and observe all State laws | ||||||
| 23 | pertaining to the preservation of health,
and all county | ||||||
| 24 | and municipal ordinances except as otherwise provided in
| ||||||
| 25 | this Division.
| ||||||
| 26 | 7. Within its jurisdiction, and professional and | ||||||
| |||||||
| |||||||
| 1 | technical competence,
investigate the existence of any | ||||||
| 2 | contagious or infectious disease and adopt
measures, not | ||||||
| 3 | inconsistent with the regulations of the State Department
| ||||||
| 4 | of Public Health, to arrest the progress of the same.
| ||||||
| 5 | 8. Within its jurisdiction, and professional and | ||||||
| 6 | technical competence,
make all necessary sanitary and | ||||||
| 7 | health investigations and inspections.
| ||||||
| 8 | 9. Upon request, give professional advice and | ||||||
| 9 | information to all city,
village, incorporated town and | ||||||
| 10 | school authorities, within its jurisdiction,
in all | ||||||
| 11 | matters pertaining to sanitation and public health.
| ||||||
| 12 | 10. Appoint a medical health officer as the executive | ||||||
| 13 | officer for the
department, who shall be a citizen of the | ||||||
| 14 | United States and shall possess
such qualifications as may | ||||||
| 15 | be prescribed by the State Department of Public
Health; or | ||||||
| 16 | appoint a public health administrator who shall possess | ||||||
| 17 | such
qualifications as may be prescribed by the State | ||||||
| 18 | Department of Public Health
as the executive officer for | ||||||
| 19 | the department, provided that the board of
health shall | ||||||
| 20 | make available medical supervision which is considered | ||||||
| 21 | adequate
by the Director of Public Health.
| ||||||
| 22 | 10.5. 10 1/2. Appoint such professional employees as | ||||||
| 23 | may be approved by the
executive officer who meet the | ||||||
| 24 | qualification requirements of the State
Department of | ||||||
| 25 | Public Health for their respective positions provided, | ||||||
| 26 | that
in those health departments temporarily without a | ||||||
| |||||||
| |||||||
| 1 | medical health officer or
public health administrator | ||||||
| 2 | approval by the State Department of Public
Health shall | ||||||
| 3 | suffice.
| ||||||
| 4 | 11. Appoint such other officers and employees as may be | ||||||
| 5 | necessary.
| ||||||
| 6 | 12. Prescribe the powers and duties of all officers and | ||||||
| 7 | employees, fix
their compensation, and authorize payment | ||||||
| 8 | of the same and all other department
expenses from the | ||||||
| 9 | County Health Fund of the county or counties concerned.
| ||||||
| 10 | 13. Submit an annual budget to the county board or | ||||||
| 11 | boards.
| ||||||
| 12 | 14. Submit an annual report to the county board or | ||||||
| 13 | boards, explaining
all of its activities and expenditures.
| ||||||
| 14 | 15. Establish and carry out programs and services in | ||||||
| 15 | mental health,
including intellectual disabilities and | ||||||
| 16 | alcoholism and substance abuse, not
inconsistent with the | ||||||
| 17 | regulations of the Department of Human Services.
| ||||||
| 18 | 16. Consult with all other private and public health | ||||||
| 19 | agencies in the
county
in the development of local plans | ||||||
| 20 | for the most efficient delivery of health
services.
| ||||||
| 21 | (B) The board of health of each county or multiple-county | ||||||
| 22 | health department
may:
| ||||||
| 23 | 1. Initiate and carry out programs and activities of | ||||||
| 24 | all kinds, not
inconsistent
with law, that may be deemed | ||||||
| 25 | necessary or desirable in the promotion and
protection of | ||||||
| 26 | health and in the control of disease including | ||||||
| |||||||
| |||||||
| 1 | tuberculosis.
| ||||||
| 2 | 2. Receive contributions of real and personal | ||||||
| 3 | property.
| ||||||
| 4 | 3. Recommend to the county board or boards the adoption | ||||||
| 5 | of such ordinances
and of such rules and regulations as may | ||||||
| 6 | be deemed necessary or desirable
for the promotion and | ||||||
| 7 | protection of health and control of disease.
| ||||||
| 8 | 4. Appoint a medical and dental advisory committee and | ||||||
| 9 | a non-medical
advisory committee to the health department.
| ||||||
| 10 | 5. Enter into contracts with the State, | ||||||
| 11 | municipalities, other political
subdivisions and | ||||||
| 12 | non-official agencies for the purchase, sale or exchange
of | ||||||
| 13 | health services.
| ||||||
| 14 | 6. Set fees it deems reasonable and necessary (i) to | ||||||
| 15 | provide
services or perform regulatory activities, (ii) | ||||||
| 16 | when required by State or
federal grant award conditions, | ||||||
| 17 | (iii) to support activities delegated to
the board of | ||||||
| 18 | health by the Illinois Department of Public Health, or (iv)
| ||||||
| 19 | when required by an agreement between the board of health | ||||||
| 20 | and other private
or governmental organizations, unless | ||||||
| 21 | the fee has been established as a
part of a regulatory | ||||||
| 22 | ordinance adopted by the county board, in which case
the | ||||||
| 23 | board of health shall make recommendations to the county | ||||||
| 24 | board
concerning those fees. Revenue generated under this | ||||||
| 25 | Section shall be
deposited into the County Health Fund or | ||||||
| 26 | to the account of the
multiple-county health department.
| ||||||
| |||||||
| |||||||
| 1 | 7. Enter into multiple year employment contracts with | ||||||
| 2 | the medical
health officer or public health administrator | ||||||
| 3 | as may be necessary for the
recruitment and retention of | ||||||
| 4 | personnel and the proper functioning of the
health | ||||||
| 5 | department.
| ||||||
| 6 | 8. Enter into contracts with municipal health | ||||||
| 7 | departments, county health departments, other boards of | ||||||
| 8 | health, private or public hospitals, and not for profit | ||||||
| 9 | entities to provide public health services outside of a | ||||||
| 10 | board of health's own jurisdiction in order to protect the | ||||||
| 11 | public health in an effective manner. | ||||||
| 12 | (C) The board of health of a multiple-county health | ||||||
| 13 | department may hire
attorneys to represent and advise the | ||||||
| 14 | department concerning matters that are
not within the exclusive | ||||||
| 15 | jurisdiction of the State's Attorney of one of the
counties | ||||||
| 16 | that created the department.
| ||||||
| 17 | (Source: P.A. 99-730, eff. 8-5-16; revised 10-27-16.)
| ||||||
| 18 | (55 ILCS 5/5-43035) | ||||||
| 19 | Sec. 5-43035. Enforcement of judgment. | ||||||
| 20 | (a) Any fine, other sanction, or costs imposed, or part of | ||||||
| 21 | any fine, other sanction, or costs imposed, remaining unpaid | ||||||
| 22 | after the exhaustion of or the failure to exhaust judicial | ||||||
| 23 | review procedures under the Illinois Administrative Review Law | ||||||
| 24 | are a debt due and owing the county for a violation of a county | ||||||
| 25 | ordinance, or the participating unit of local government for a | ||||||
| |||||||
| |||||||
| 1 | violation of a participating unit of local government's | ||||||
| 2 | ordinance, and may be collected in accordance with applicable | ||||||
| 3 | law. | ||||||
| 4 | (b) After expiration of the period in which judicial review | ||||||
| 5 | under the Illinois Administrative Review Law may be sought for | ||||||
| 6 | a final determination of a code violation, unless stayed by a | ||||||
| 7 | court of competent jurisdiction, the findings, decision, and | ||||||
| 8 | order of the hearing officer may be enforced in the same manner | ||||||
| 9 | as a judgment entered by a court of competent jurisdiction. | ||||||
| 10 | (c) In any case in which a defendant has failed to comply | ||||||
| 11 | with a judgment ordering a defendant to correct a code | ||||||
| 12 | violation or imposing any fine or other sanction as a result of | ||||||
| 13 | a code violation, any expenses incurred by a county for a | ||||||
| 14 | violation of a county ordinance, or the participating unit of | ||||||
| 15 | local government for a violation of a participating unit of | ||||||
| 16 | local government's ordinance, to enforce the judgment, | ||||||
| 17 | including, but not limited to, attorney's fees, court costs, | ||||||
| 18 | and costs related to property demolition or foreclosure, after | ||||||
| 19 | they are fixed by a court of competent jurisdiction or a | ||||||
| 20 | hearing officer, shall be a debt due and owing the county for a | ||||||
| 21 | violation of a county ordinance, or the participating unit of | ||||||
| 22 | local government for a violation of a participating unit of | ||||||
| 23 | local government's ordinance, and the findings, decision, and | ||||||
| 24 | order of the hearing officer may be enforced in the same manner | ||||||
| 25 | as a judgment entered by a court. Prior to any expenses being | ||||||
| 26 | fixed by a hearing officer pursuant to this subsection (c), the | ||||||
| |||||||
| |||||||
| 1 | county for a violation of a county ordinance, or the | ||||||
| 2 | participating unit of local government for a violation of a | ||||||
| 3 | participating unit of local government's ordinance, shall | ||||||
| 4 | provide notice to the defendant that states that the defendant | ||||||
| 5 | shall appear at a hearing before the administrative hearing | ||||||
| 6 | officer to determine whether the defendant has failed to comply | ||||||
| 7 | with the judgment. The notice shall set the date for the | ||||||
| 8 | hearing, which shall not be less than 7 days after the date | ||||||
| 9 | that notice is served. If notice is served by mail, the 7-day | ||||||
| 10 | period shall begin to run on the date that the notice was | ||||||
| 11 | deposited in the mail. | ||||||
| 12 | (c-5) A default in the payment of a fine or penalty or any | ||||||
| 13 | installment of a fine or penalty may be collected by any means | ||||||
| 14 | authorized for the collection of monetary judgments. The | ||||||
| 15 | state's attorney of the county in which the fine or penalty was | ||||||
| 16 | imposed may retain attorneys and private collection agents for | ||||||
| 17 | the purpose of collecting any default in payment of any fine or | ||||||
| 18 | penalty or installment of that fine or penalty. Any fees or | ||||||
| 19 | costs incurred by the county or participating unit of local | ||||||
| 20 | government with respect to attorneys or private collection | ||||||
| 21 | agents retained by the state's attorney under this Section | ||||||
| 22 | shall be charged to the offender. | ||||||
| 23 | (d) Upon being recorded in the manner required by Article | ||||||
| 24 | XII of the Code of Civil Procedure or by the Uniform Commercial | ||||||
| 25 | Code, a lien shall be imposed on the real estate or personal | ||||||
| 26 | estate, or both, of the defendant in the amount of any debt due | ||||||
| |||||||
| |||||||
| 1 | and owing the county for a violation of a county ordinance, or | ||||||
| 2 | the participating unit of local government for a violation of a | ||||||
| 3 | participating unit of local government's ordinance, under this | ||||||
| 4 | Section. The lien may be enforced in the same manner as a | ||||||
| 5 | judgment lien pursuant to a judgment of a court of competent | ||||||
| 6 | jurisdiction. | ||||||
| 7 | (e) A hearing officer may set aside any judgment entered by | ||||||
| 8 | default and set a new hearing date, upon a petition filed | ||||||
| 9 | within 21 days after the issuance of the order of default, if | ||||||
| 10 | the hearing officer determines that the petitioner's failure to | ||||||
| 11 | appear at the hearing was for good cause or at any time if the | ||||||
| 12 | petitioner establishes that the county for a violation of a | ||||||
| 13 | county ordinance, or the participating unit of local government | ||||||
| 14 | for a violation of a participating unit of local government's | ||||||
| 15 | ordinance, did not provide proper service of process. If any | ||||||
| 16 | judgment is set aside pursuant to this subsection (e), the | ||||||
| 17 | hearing officer shall have authority to enter an order | ||||||
| 18 | extinguishing any lien that has been recorded for any debt due | ||||||
| 19 | and owing the county for a violation of a county ordinance, or | ||||||
| 20 | the participating unit of local government for a violation of a | ||||||
| 21 | participating unit of local government's ordinance, as a result | ||||||
| 22 | of the vacated default judgment.
| ||||||
| 23 | (Source: P.A. 99-18, eff. 1-1-16; 99-739, eff. 1-1-17; 99-754, | ||||||
| 24 | eff. 1-1-17; revised 9-21-16.)
| ||||||
| 25 | Section 280. The Illinois Municipal Code is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Sections 3.1-50-15, 8-11-1.8, 8-11-2, 11-6-10, | ||||||
| 2 | 11-74.4-3, 11-74.4-3.5, 11-74.4-6, 11-74.4-8a, and 11-102-2 as | ||||||
| 3 | follows:
| ||||||
| 4 | (65 ILCS 5/3.1-50-15) (from Ch. 24, par. 3.1-50-15)
| ||||||
| 5 | Sec. 3.1-50-15. Compensation of members of corporate | ||||||
| 6 | authorities.
| ||||||
| 7 | (a) The
ordinance fixing compensation for members of the | ||||||
| 8 | corporate authorities
shall specify whether those members are | ||||||
| 9 | to be compensated (i) at an annual
rate or, (ii) for each | ||||||
| 10 | meeting of the corporate authorities actually
attended if | ||||||
| 11 | public notice of the meeting was given.
| ||||||
| 12 | (b) Each member of the corporate authorities may receive | ||||||
| 13 | reimbursement
from the municipality for
expenses incurred by | ||||||
| 14 | the member in attending committee meetings of the
corporate | ||||||
| 15 | authorities or for other expenses incurred by the member
in the | ||||||
| 16 | course of performing official duties.
| ||||||
| 17 | (Source: P.A. 91-208, eff. 1-1-00; revised 9-20-16.)
| ||||||
| 18 | (65 ILCS 5/8-11-1.8)
| ||||||
| 19 | Sec. 8-11-1.8. Non-home rule municipal tax rescission | ||||||
| 20 | recision. Whenever the
corporate authorities
of a non-home rule | ||||||
| 21 | municipality with a population of more than 20,000 but less
| ||||||
| 22 | than 25,000 have imposed a municipal retailers occupation tax | ||||||
| 23 | under Sec.
8-11-1.6 and a municipal service occupation tax | ||||||
| 24 | under Section
8-11-1.7, the
question of discontinuing the tax | ||||||
| |||||||
| |||||||
| 1 | imposed under those Sections shall be
submitted to the voters | ||||||
| 2 | of the municipality at the next regularly scheduled
election in | ||||||
| 3 | accordance with the general election law upon a petition signed | ||||||
| 4 | by
not fewer than 10% of the registered voters in the | ||||||
| 5 | municipality. The
petition shall be filed with the clerk, of | ||||||
| 6 | the municipality within one year of
the passage of the | ||||||
| 7 | ordinance imposing the tax; provided, the petition shall
be | ||||||
| 8 | filed not less than 60 days prior to the election at which the | ||||||
| 9 | question is
to be submitted to the voters of the municipality, | ||||||
| 10 | and its validity shall be
determined as provided by the general | ||||||
| 11 | election law. The municipal clerk shall
certify the question to | ||||||
| 12 | the proper election officials, who shall submit the
question to | ||||||
| 13 | the voters.
| ||||||
| 14 | Notice shall be given in the manner provided for in the | ||||||
| 15 | general election law.
| ||||||
| 16 | Referenda initiated under this Section shall be subject to | ||||||
| 17 | the provisions and
limitations of the general election law.
| ||||||
| 18 | The proposition shall be in substantially the following | ||||||
| 19 | form:
| ||||||
| 20 | Shall the additional Municipal Service Occupation Tax | ||||||
| 21 | and Municipal
Retailers' Occupation Tax imposed within the | ||||||
| 22 | municipal limits of (name of
municipality) by Ordinance No. | ||||||
| 23 | (state number) adopted on (date of adoption) be
| ||||||
| 24 | discontinued?
| ||||||
| 25 | The votes shall be recorded as "Yes" or "No".
| ||||||
| 26 | If a majority of all ballots cast on the proposition shall | ||||||
| |||||||
| |||||||
| 1 | be in favor of
discontinuing the tax, within one month after | ||||||
| 2 | approval of the referendum
discontinuing the tax the corporate | ||||||
| 3 | authorities shall certify the results of
the referenda to the | ||||||
| 4 | Department of Revenue and shall also file with the
Department a | ||||||
| 5 | certified copy of an ordinance discontinuing the tax. | ||||||
| 6 | Thereupon, the Department shall
discontinue collection of tax | ||||||
| 7 | as of the first day of January next following the
referendum.
| ||||||
| 8 | Except as herein otherwise provided, the referenda | ||||||
| 9 | authorized by the terms of
this Section shall be conducted in | ||||||
| 10 | all respects in the manner provided by the
general election | ||||||
| 11 | law.
| ||||||
| 12 | This Section shall apply only to taxes that have been | ||||||
| 13 | previously imposed
under the provisions of Sections 8-11-1.6 | ||||||
| 14 | and 8-11-1.7.
| ||||||
| 15 | (Source: P.A. 88-334; 89-399, eff. 8-20-95; revised 9-20-16.)
| ||||||
| 16 | (65 ILCS 5/8-11-2) (from Ch. 24, par. 8-11-2)
| ||||||
| 17 | Sec. 8-11-2. The corporate authorities of any municipality | ||||||
| 18 | may tax any or
all of the following occupations or privileges:
| ||||||
| 19 | 1. (Blank).
| ||||||
| 20 | 2. Persons engaged in the business of distributing, | ||||||
| 21 | supplying,
furnishing, or selling gas for use or | ||||||
| 22 | consumption within the corporate
limits of a municipality | ||||||
| 23 | of 500,000 or fewer population, and not for resale,
at a | ||||||
| 24 | rate not to exceed 5% of the gross receipts therefrom.
| ||||||
| 25 | 2a. Persons engaged in the business of distributing, | ||||||
| |||||||
| |||||||
| 1 | supplying,
furnishing, or selling gas for use or | ||||||
| 2 | consumption within the corporate limits
of a municipality | ||||||
| 3 | of over 500,000 population, and not for resale, at a rate
| ||||||
| 4 | not to exceed 8% of the gross receipts therefrom. If | ||||||
| 5 | imposed, this tax shall
be paid in monthly payments.
| ||||||
| 6 | 3. The privilege of using or consuming
electricity | ||||||
| 7 | acquired in a purchase at retail and used or
consumed | ||||||
| 8 | within the corporate limits of the municipality at
rates | ||||||
| 9 | not to exceed the following maximum rates, calculated on
a | ||||||
| 10 | monthly basis for each purchaser:
| ||||||
| 11 | (i) For the first 2,000 kilowatt-hours used or | ||||||
| 12 | consumed in a month; 0.61
cents per kilowatt-hour;
| ||||||
| 13 | (ii) For the next 48,000 kilowatt-hours used or | ||||||
| 14 | consumed in a month; 0.40
cents per kilowatt-hour;
| ||||||
| 15 | (iii) For the next 50,000 kilowatt-hours used or | ||||||
| 16 | consumed in a month;
0.36 cents per kilowatt-hour;
| ||||||
| 17 | (iv) For the next 400,000 kilowatt-hours used or | ||||||
| 18 | consumed in a month;
0.35 cents per kilowatt-hour;
| ||||||
| 19 | (v) For the next 500,000 kilowatt-hours used or | ||||||
| 20 | consumed in a month;
0.34 cents per kilowatt-hour;
| ||||||
| 21 | (vi) For the next 2,000,000 kilowatt-hours used or | ||||||
| 22 | consumed in a month;
0.32 cents per kilowatt-hour;
| ||||||
| 23 | (vii) For the next 2,000,000 kilowatt-hours used | ||||||
| 24 | or consumed in a month;
0.315 cents per kilowatt-hour;
| ||||||
| 25 | (viii) For the next 5,000,000 kilowatt-hours used | ||||||
| 26 | or consumed in a month;
0.31 cents per kilowatt-hour;
| ||||||
| |||||||
| |||||||
| 1 | (ix) For the next 10,000,000 kilowatt-hours used | ||||||
| 2 | or consumed in a month;
0.305 cents per kilowatt-hour; | ||||||
| 3 | and
| ||||||
| 4 | (x) For all electricity used or consumed in excess | ||||||
| 5 | of 20,000,000
kilowatt-hours in a month, 0.30 cents per | ||||||
| 6 | kilowatt-hour.
| ||||||
| 7 | If a municipality imposes a tax at rates lower than | ||||||
| 8 | either the maximum
rates specified in this Section or the | ||||||
| 9 | alternative maximum rates promulgated
by the Illinois | ||||||
| 10 | Commerce Commission, as provided below, the tax rates shall
| ||||||
| 11 | be imposed upon the kilowatt hour categories set forth | ||||||
| 12 | above with the same
proportional relationship as that which | ||||||
| 13 | exists among such maximum rates.
Notwithstanding the | ||||||
| 14 | foregoing, until December 31, 2008, no municipality shall
| ||||||
| 15 | establish rates that are in excess of rates reasonably | ||||||
| 16 | calculated to produce
revenues that equal the maximum total | ||||||
| 17 | revenues such municipality could have
received under the | ||||||
| 18 | tax authorized by this subparagraph in the last full
| ||||||
| 19 | calendar year prior to August 1, 1998 (the effective date | ||||||
| 20 | of Section 65 of Public Act 90-561) this amendatory Act
of | ||||||
| 21 | 1997; provided that this shall not be a limitation on the | ||||||
| 22 | amount of tax
revenues actually collected by such | ||||||
| 23 | municipality.
| ||||||
| 24 | Upon the request of the corporate authorities
of a | ||||||
| 25 | municipality, the Illinois Commerce Commission shall,
| ||||||
| 26 | within 90 days after receipt of such request, promulgate
| ||||||
| |||||||
| |||||||
| 1 | alternative rates for each of these kilowatt-hour | ||||||
| 2 | categories
that will reflect, as closely as reasonably | ||||||
| 3 | practical for that municipality,
the distribution of the | ||||||
| 4 | tax among classes of purchasers as if the tax
were based on | ||||||
| 5 | a uniform percentage of the purchase price of electricity.
| ||||||
| 6 | A municipality that has adopted an ordinance imposing a tax | ||||||
| 7 | pursuant to
subparagraph 3 as it existed prior to August 1, | ||||||
| 8 | 1998 (the effective date of Section 65 of Public Act | ||||||
| 9 | 90-561) this
amendatory Act of 1997 may, rather than | ||||||
| 10 | imposing the tax permitted by Public Act 90-561 this
| ||||||
| 11 | amendatory Act of 1997, continue to impose the tax pursuant | ||||||
| 12 | to that ordinance
with respect to gross receipts received | ||||||
| 13 | from residential
customers through July 31, 1999, and with | ||||||
| 14 | respect to gross receipts from
any non-residential | ||||||
| 15 | customer until the first bill issued to such customer for
| ||||||
| 16 | delivery services in accordance with Section 16-104 of the | ||||||
| 17 | Public Utilities Act
but in no case later than the last | ||||||
| 18 | bill issued to such customer before
December 31, 2000. No | ||||||
| 19 | ordinance imposing the tax permitted by Public Act 90-561 | ||||||
| 20 | this amendatory
Act of 1997 shall be applicable to any | ||||||
| 21 | non-residential customer until the first
bill issued to | ||||||
| 22 | such customer for delivery services in
accordance with | ||||||
| 23 | Section 16-104 of the Public Utilities Act but in no case | ||||||
| 24 | later
than the last bill issued to such non-residential | ||||||
| 25 | customer
before December 31, 2000.
| ||||||
| 26 | 4. Persons engaged in the business of distributing, | ||||||
| |||||||
| |||||||
| 1 | supplying,
furnishing, or selling water for use or | ||||||
| 2 | consumption within the corporate
limits of the | ||||||
| 3 | municipality, and not for resale, at a rate not to exceed | ||||||
| 4 | 5%
of the gross receipts therefrom.
| ||||||
| 5 | None of the taxes authorized by this Section may be imposed | ||||||
| 6 | with respect
to any transaction in interstate commerce or | ||||||
| 7 | otherwise to the extent to
which the business or privilege may | ||||||
| 8 | not, under the constitution and statutes
of the United States, | ||||||
| 9 | be made the subject of taxation by this State or any
political | ||||||
| 10 | sub-division thereof; nor shall any persons engaged in the | ||||||
| 11 | business
of distributing, supplying, furnishing, selling or | ||||||
| 12 | transmitting gas, water,
or electricity, or using or consuming | ||||||
| 13 | electricity acquired in a purchase at
retail, be subject to | ||||||
| 14 | taxation under the provisions of this Section for those
| ||||||
| 15 | transactions that are or may become subject to taxation under | ||||||
| 16 | the provisions
of the "Municipal Retailers' Occupation Tax Act" | ||||||
| 17 | authorized by Section 8-11-1;
nor shall any tax authorized by | ||||||
| 18 | this Section be imposed upon any person engaged
in a business | ||||||
| 19 | or on any privilege unless the tax is imposed in like manner | ||||||
| 20 | and
at the same rate upon all persons engaged in businesses of | ||||||
| 21 | the same class in
the municipality, whether privately or | ||||||
| 22 | municipally owned or operated, or
exercising the same privilege | ||||||
| 23 | within the municipality.
| ||||||
| 24 | Any of the taxes enumerated in this Section may be in | ||||||
| 25 | addition to the
payment of money, or value of products or | ||||||
| 26 | services furnished to the
municipality by the taxpayer as | ||||||
| |||||||
| |||||||
| 1 | compensation for the use of its streets,
alleys, or other | ||||||
| 2 | public places, or installation and maintenance therein,
| ||||||
| 3 | thereon or thereunder of poles, wires, pipes, or other | ||||||
| 4 | equipment used in the
operation of the taxpayer's business.
| ||||||
| 5 | (a) If the corporate authorities of any home rule | ||||||
| 6 | municipality have adopted
an ordinance that imposed a tax on | ||||||
| 7 | public utility customers, between July 1,
1971, and October 1, | ||||||
| 8 | 1981, on the good faith belief that they were exercising
| ||||||
| 9 | authority pursuant to Section 6 of Article VII of the 1970 | ||||||
| 10 | Illinois
Constitution, that action of the corporate | ||||||
| 11 | authorities shall be declared legal
and valid, notwithstanding | ||||||
| 12 | a later decision of a judicial tribunal declaring
the ordinance | ||||||
| 13 | invalid. No municipality shall be required to rebate, refund, | ||||||
| 14 | or
issue credits for any taxes described in this paragraph, and | ||||||
| 15 | those taxes shall
be deemed to have been levied and collected | ||||||
| 16 | in accordance with the Constitution
and laws of this State.
| ||||||
| 17 | (b) In any case in which (i) prior to October 19, 1979, the | ||||||
| 18 | corporate
authorities of any municipality have adopted an | ||||||
| 19 | ordinance imposing a tax
authorized by this Section (or by the | ||||||
| 20 | predecessor provision of the "Revised
Cities and Villages Act") | ||||||
| 21 | and have explicitly or in practice interpreted gross
receipts | ||||||
| 22 | to include either charges added to customers' bills pursuant to | ||||||
| 23 | the
provision of paragraph (a) of Section 36 of the Public | ||||||
| 24 | Utilities Act or charges
added to customers' bills by taxpayers | ||||||
| 25 | who are not subject to rate regulation
by the Illinois Commerce | ||||||
| 26 | Commission for the purpose of recovering any of the
tax | ||||||
| |||||||
| |||||||
| 1 | liabilities or other amounts specified in such paragraph (a) of | ||||||
| 2 | Section 36
of that Act, and (ii) on or after October 19, 1979, | ||||||
| 3 | a judicial tribunal has
construed gross receipts to exclude all | ||||||
| 4 | or part of those charges, then neither that
those municipality | ||||||
| 5 | nor any taxpayer who paid the tax shall be required to
rebate, | ||||||
| 6 | refund, or issue credits for any tax imposed or charge | ||||||
| 7 | collected from
customers pursuant to the municipality's | ||||||
| 8 | interpretation prior to October 19,
1979. This paragraph | ||||||
| 9 | reflects a legislative finding that it would be contrary
to the | ||||||
| 10 | public interest to require a municipality or its taxpayers to | ||||||
| 11 | refund
taxes or charges attributable to the municipality's more | ||||||
| 12 | inclusive
interpretation of gross receipts prior to October 19, | ||||||
| 13 | 1979, and is not
intended to prescribe or limit judicial | ||||||
| 14 | construction of this Section. The
legislative finding set forth | ||||||
| 15 | in this subsection does not apply to taxes
imposed after | ||||||
| 16 | January 1, 1996 (the effective date of Public Act 89-325) this | ||||||
| 17 | amendatory Act of 1995.
| ||||||
| 18 | (c) The tax authorized by subparagraph 3 shall be
collected | ||||||
| 19 | from the purchaser by the person maintaining a
place of | ||||||
| 20 | business in this State who delivers the electricity
to the | ||||||
| 21 | purchaser. This tax shall constitute a debt of the
purchaser to | ||||||
| 22 | the person who delivers the electricity to the
purchaser and if | ||||||
| 23 | unpaid, is recoverable in the same manner as
the original | ||||||
| 24 | charge for delivering the electricity. Any tax
required to be | ||||||
| 25 | collected pursuant to an ordinance authorized
by subparagraph 3 | ||||||
| 26 | and any such tax collected by a person
delivering electricity | ||||||
| |||||||
| |||||||
| 1 | shall constitute a debt owed to the
municipality by such person | ||||||
| 2 | delivering the electricity, provided, that the
person | ||||||
| 3 | delivering electricity shall be allowed credit for such tax | ||||||
| 4 | related to
deliveries of electricity the charges for which are | ||||||
| 5 | written off as
uncollectible, and provided further, that if | ||||||
| 6 | such charges are thereafter
collected, the delivering supplier | ||||||
| 7 | shall be obligated to remit such tax. For
purposes of this | ||||||
| 8 | subsection (c), any partial payment not specifically
| ||||||
| 9 | identified by the purchaser shall be deemed to be for the | ||||||
| 10 | delivery of
electricity. Persons delivering electricity shall | ||||||
| 11 | collect the tax from the
purchaser by adding such tax to the | ||||||
| 12 | gross charge for
delivering the electricity, in the manner | ||||||
| 13 | prescribed by the
municipality. Persons delivering electricity | ||||||
| 14 | shall also be
authorized to add to such gross charge an amount | ||||||
| 15 | equal to 3%
of the tax to reimburse the person delivering
| ||||||
| 16 | electricity for the expenses incurred in keeping records,
| ||||||
| 17 | billing customers, preparing and filing returns, remitting the
| ||||||
| 18 | tax and supplying data to the municipality upon request. If
the | ||||||
| 19 | person delivering electricity fails to collect the tax
from the | ||||||
| 20 | purchaser, then the purchaser shall be required to
pay the tax | ||||||
| 21 | directly to the municipality in the manner
prescribed by the | ||||||
| 22 | municipality. Persons delivering
electricity who file returns | ||||||
| 23 | pursuant to this paragraph (c)
shall, at the time of filing | ||||||
| 24 | such return, pay the municipality
the amount of the tax | ||||||
| 25 | collected pursuant to subparagraph 3.
| ||||||
| 26 | (d) For the purpose of the taxes enumerated in this | ||||||
| |||||||
| |||||||
| 1 | Section:
| ||||||
| 2 | "Gross receipts" means the consideration received for | ||||||
| 3 | distributing, supplying,
furnishing or selling gas for use or | ||||||
| 4 | consumption and not for resale, and the
consideration received | ||||||
| 5 | for distributing, supplying, furnishing or selling
water for | ||||||
| 6 | use or consumption and not for resale, and for all services
| ||||||
| 7 | rendered in connection therewith valued in money, whether | ||||||
| 8 | received in money
or otherwise, including cash, credit, | ||||||
| 9 | services and property of every kind
and material and for all | ||||||
| 10 | services rendered therewith, and shall be
determined without | ||||||
| 11 | any deduction on account of the cost of the service,
product or | ||||||
| 12 | commodity supplied, the cost of materials used, labor or | ||||||
| 13 | service
cost, or any other expenses whatsoever. "Gross | ||||||
| 14 | receipts" shall not include
that portion of the consideration | ||||||
| 15 | received for distributing, supplying,
furnishing, or selling | ||||||
| 16 | gas or water to business enterprises described in
paragraph (e) | ||||||
| 17 | of this Section to the extent and during the period in which | ||||||
| 18 | the
exemption authorized by paragraph (e) is in effect or for | ||||||
| 19 | school districts or
units of local government described in | ||||||
| 20 | paragraph (f) during the period in which
the exemption | ||||||
| 21 | authorized in paragraph (f) is in effect.
| ||||||
| 22 | For utility bills issued on or after May 1, 1996, but | ||||||
| 23 | before May 1, 1997,
and for receipts from those utility bills, | ||||||
| 24 | "gross receipts" does not include
one-third of (i) amounts | ||||||
| 25 | added to customers' bills under Section 9-222 of the
Public | ||||||
| 26 | Utilities Act, or (ii) amounts added to customers' bills by | ||||||
| |||||||
| |||||||
| 1 | taxpayers
who are not subject to rate regulation by the | ||||||
| 2 | Illinois Commerce Commission for
the purpose of recovering any | ||||||
| 3 | of the tax liabilities described in Section
9-222 of the Public | ||||||
| 4 | Utilities Act. For utility bills issued on or after May 1,
| ||||||
| 5 | 1997, but before May 1, 1998, and for receipts from those | ||||||
| 6 | utility bills, "gross
receipts" does not include two-thirds of | ||||||
| 7 | (i) amounts added to customers' bills
under Section 9-222 of | ||||||
| 8 | the Public Utilities Act, or (ii) amount added to
customers' | ||||||
| 9 | bills by taxpayers who are not subject to rate regulation by | ||||||
| 10 | the
Illinois Commerce Commission for the purpose of recovering | ||||||
| 11 | any of the tax
liabilities described in Section 9-222 of the | ||||||
| 12 | Public Utilities Act. For
utility bills issued on or after May | ||||||
| 13 | 1, 1998, and for receipts from those
utility bills, "gross | ||||||
| 14 | receipts" does not include (i) amounts added to
customers' | ||||||
| 15 | bills under Section 9-222 of the Public Utilities Act, or (ii)
| ||||||
| 16 | amounts added to customers' bills by taxpayers who are
not | ||||||
| 17 | subject to rate regulation by the Illinois Commerce Commission | ||||||
| 18 | for the
purpose of recovering any of the tax liabilities | ||||||
| 19 | described in Section 9-222
of the Public Utilities Act.
| ||||||
| 20 | For purposes of this Section "gross receipts" shall not | ||||||
| 21 | include amounts
added to customers' bills under Section 9-221 | ||||||
| 22 | of the Public Utilities Act.
This paragraph is not intended to | ||||||
| 23 | nor does it make any change in the meaning
of "gross receipts" | ||||||
| 24 | for the purposes of this Section, but is intended to
remove | ||||||
| 25 | possible ambiguities, thereby confirming the existing meaning | ||||||
| 26 | of
"gross receipts" prior to January 1, 1996 (the effective | ||||||
| |||||||
| |||||||
| 1 | date of Public Act 89-325) this amendatory Act of 1995.
| ||||||
| 2 | "Person" as used in this Section means any natural | ||||||
| 3 | individual, firm,
trust, estate, partnership, association, | ||||||
| 4 | joint stock company, joint
adventure, corporation, limited | ||||||
| 5 | liability company, municipal corporation,
the State or any of | ||||||
| 6 | its political subdivisions, any State university created
by | ||||||
| 7 | statute, or a receiver, trustee, guardian or other | ||||||
| 8 | representative appointed
by order of any court.
| ||||||
| 9 | "Person maintaining a place of business in this State"
| ||||||
| 10 | shall mean any person having or maintaining within this State,
| ||||||
| 11 | directly or by a subsidiary or other affiliate, an office,
| ||||||
| 12 | generation facility, distribution facility, transmission
| ||||||
| 13 | facility, sales office or other place of business, or any
| ||||||
| 14 | employee, agent, or other representative operating within this
| ||||||
| 15 | State under the authority of the person or its subsidiary or
| ||||||
| 16 | other affiliate, irrespective of whether such place of
business | ||||||
| 17 | or agent or other representative is located in this
State | ||||||
| 18 | permanently or temporarily, or whether such person,
subsidiary | ||||||
| 19 | or other affiliate is licensed or qualified to do
business in | ||||||
| 20 | this State.
| ||||||
| 21 | "Public utility" shall have the meaning ascribed to it in | ||||||
| 22 | Section 3-105
of the Public Utilities Act and shall include | ||||||
| 23 | alternative retail
electric suppliers as defined in Section | ||||||
| 24 | 16-102 of that Act.
| ||||||
| 25 | "Purchase at retail" shall mean any acquisition of
| ||||||
| 26 | electricity by a purchaser for purposes of use or consumption,
| ||||||
| |||||||
| |||||||
| 1 | and not for resale, but shall not include the use of
| ||||||
| 2 | electricity by a public utility directly in the generation,
| ||||||
| 3 | production, transmission, delivery or sale of electricity.
| ||||||
| 4 | "Purchaser" shall mean any person who uses or consumes,
| ||||||
| 5 | within the corporate limits of the municipality, electricity
| ||||||
| 6 | acquired in a purchase at retail.
| ||||||
| 7 | (e) Any municipality that imposes taxes upon public | ||||||
| 8 | utilities or upon the
privilege of using or consuming | ||||||
| 9 | electricity pursuant to this Section whose
territory includes | ||||||
| 10 | any part of an enterprise zone or federally designated
Foreign | ||||||
| 11 | Trade Zone or Sub-Zone may, by a majority vote of its corporate
| ||||||
| 12 | authorities, exempt from those taxes for a period not exceeding | ||||||
| 13 | 20 years any
specified percentage of gross receipts of public | ||||||
| 14 | utilities received from, or
electricity used or consumed by, | ||||||
| 15 | business enterprises that:
| ||||||
| 16 | (1) either (i) make investments that cause the creation | ||||||
| 17 | of a minimum
of 200 full-time equivalent jobs in Illinois, | ||||||
| 18 | (ii) make investments of at
least $175,000,000 that cause | ||||||
| 19 | the creation of a minimum of 150 full-time
equivalent jobs | ||||||
| 20 | in Illinois, or (iii) make investments that
cause the | ||||||
| 21 | retention of a minimum of 1,000 full-time jobs in Illinois; | ||||||
| 22 | and
| ||||||
| 23 | (2) are either (i) located in an Enterprise Zone | ||||||
| 24 | established pursuant to
the Illinois Enterprise Zone Act or | ||||||
| 25 | (ii) Department of Commerce and
Economic Opportunity | ||||||
| 26 | designated High Impact Businesses located in a federally
| ||||||
| |||||||
| |||||||
| 1 | designated Foreign Trade Zone or Sub-Zone; and
| ||||||
| 2 | (3) are certified by the Department of Commerce and | ||||||
| 3 | Economic Opportunity as
complying with the requirements | ||||||
| 4 | specified in clauses (1) and (2) of this
paragraph (e).
| ||||||
| 5 | Upon adoption of the ordinance authorizing the exemption, | ||||||
| 6 | the municipal
clerk shall transmit a copy of that ordinance to | ||||||
| 7 | the Department of Commerce
and Economic Opportunity. The | ||||||
| 8 | Department of Commerce and Economic Opportunity shall
| ||||||
| 9 | determine whether the business enterprises located in the | ||||||
| 10 | municipality meet the
criteria prescribed in this paragraph. If | ||||||
| 11 | the Department of Commerce and
Economic Opportunity determines | ||||||
| 12 | that the business enterprises meet the criteria,
it shall grant | ||||||
| 13 | certification. The Department of Commerce and Economic | ||||||
| 14 | Opportunity
shall act upon certification requests within 30 | ||||||
| 15 | days after receipt of the
ordinance.
| ||||||
| 16 | Upon certification of the business enterprise by the | ||||||
| 17 | Department of
Commerce and Economic Opportunity, the | ||||||
| 18 | Department of Commerce and Economic Opportunity shall notify | ||||||
| 19 | the Department of Revenue of the certification. The
Department | ||||||
| 20 | of Revenue shall notify the public utilities of the exemption
| ||||||
| 21 | status of the gross receipts received from, and the electricity | ||||||
| 22 | used or
consumed by, the certified business enterprises. Such | ||||||
| 23 | exemption status shall
be effective within 3 months after | ||||||
| 24 | certification.
| ||||||
| 25 | (f) A municipality that imposes taxes upon public utilities | ||||||
| 26 | or upon the
privilege of using or consuming electricity under | ||||||
| |||||||
| |||||||
| 1 | this Section and whose
territory includes part of another unit | ||||||
| 2 | of local government or a school
district may by ordinance | ||||||
| 3 | exempt the other unit of local government or school
district | ||||||
| 4 | from those taxes.
| ||||||
| 5 | (g) The amendment of this Section by Public Act 84-127 | ||||||
| 6 | shall take precedence
over any other amendment of this Section | ||||||
| 7 | by any other amendatory Act passed by
the 84th General Assembly | ||||||
| 8 | before August 1, 1985 (the effective date of Public Act | ||||||
| 9 | 84-127).
| ||||||
| 10 | (h) In any case in which, before July 1, 1992, a person | ||||||
| 11 | engaged in
the business of transmitting messages through the | ||||||
| 12 | use of mobile equipment,
such as cellular phones and paging | ||||||
| 13 | systems, has determined the municipality
within which the gross | ||||||
| 14 | receipts from the business originated by reference to
the | ||||||
| 15 | location of its transmitting or switching equipment, then (i) | ||||||
| 16 | neither the
municipality to which tax was paid on that basis | ||||||
| 17 | nor the taxpayer that paid tax
on that basis shall be required | ||||||
| 18 | to rebate, refund, or issue credits for any
such tax or charge | ||||||
| 19 | collected from customers to reimburse the taxpayer for the
tax | ||||||
| 20 | and (ii) no municipality to which tax would have been paid with | ||||||
| 21 | respect to
those gross receipts if the provisions of Public Act | ||||||
| 22 | 87-773 this amendatory Act of 1991 had been
in effect before | ||||||
| 23 | July 1, 1992, shall have any claim against the taxpayer for
any | ||||||
| 24 | amount of the tax.
| ||||||
| 25 | (Source: P.A. 94-793, eff. 5-19-06; revised 9-21-16.)
| ||||||
| |||||||
| |||||||
| 1 | (65 ILCS 5/11-6-10) | ||||||
| 2 | Sec. 11-6-10. Reimbursement of volunteer fire protection | ||||||
| 3 | assistance. | ||||||
| 4 | (a) Municipalities may fix, charge, and collect fees not | ||||||
| 5 | exceeding the reasonable cost of the service for all services | ||||||
| 6 | rendered by a volunteer municipal fire department or a | ||||||
| 7 | volunteer firefighter of any municipal fire department for | ||||||
| 8 | persons, businesses, and other entities who are not residents | ||||||
| 9 | of the municipality. | ||||||
| 10 | (b) The charge for any fees under subsection (a) shall be | ||||||
| 11 | computed at a rate not to exceed $250 per hour and not to | ||||||
| 12 | exceed $70 per hour per firefighter responding to a call for | ||||||
| 13 | assistance. An additional charge may be levied to reimburse the | ||||||
| 14 | district for extraordinary expenses of materials used in | ||||||
| 15 | rendering such services. No charge shall be made for services | ||||||
| 16 | for which the total amount would be less than $50. | ||||||
| 17 | (c) All revenue from the fees assessed pursuant to this | ||||||
| 18 | Section shall be deposited into to the general fund of the | ||||||
| 19 | municipality. | ||||||
| 20 | (d) Nothing in this Section shall allow a fee to be fixed, | ||||||
| 21 | charged, or collected that is not allowed under any contract | ||||||
| 22 | that a fire department has entered into with another entity, | ||||||
| 23 | including, but not limited to, a fire protection district.
| ||||||
| 24 | (Source: P.A. 99-770, eff. 8-12-16; revised 10-31-16.)
| ||||||
| 25 | (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 11-74.4-3. Definitions. The following terms, wherever | ||||||
| 2 | used or
referred to in this Division 74.4 shall have the | ||||||
| 3 | following respective meanings,
unless in any case a different | ||||||
| 4 | meaning clearly appears from the context.
| ||||||
| 5 | (a) For any redevelopment project area that has been | ||||||
| 6 | designated pursuant
to this
Section by an ordinance adopted | ||||||
| 7 | prior to November 1, 1999 (the effective
date of Public Act
| ||||||
| 8 | 91-478), "blighted area" shall have the meaning set
forth in | ||||||
| 9 | this Section
prior to that date.
| ||||||
| 10 | On and after November 1, 1999,
"blighted area" means any | ||||||
| 11 | improved or vacant area within the boundaries
of a | ||||||
| 12 | redevelopment project area located within the territorial | ||||||
| 13 | limits of
the municipality where:
| ||||||
| 14 | (1) If improved, industrial, commercial, and | ||||||
| 15 | residential buildings or
improvements are detrimental to | ||||||
| 16 | the public safety, health, or welfare
because of a | ||||||
| 17 | combination of 5 or more of the following factors, each of | ||||||
| 18 | which
is (i) present, with that presence documented, to a | ||||||
| 19 | meaningful extent so
that a municipality may reasonably | ||||||
| 20 | find that the factor is clearly
present within the intent | ||||||
| 21 | of the Act and (ii) reasonably distributed throughout
the | ||||||
| 22 | improved part of the redevelopment project area:
| ||||||
| 23 | (A) Dilapidation. An advanced state of disrepair | ||||||
| 24 | or neglect of
necessary
repairs to the primary | ||||||
| 25 | structural components of buildings or improvements in
| ||||||
| 26 | such a combination that a documented building | ||||||
| |||||||
| |||||||
| 1 | condition analysis determines
that major repair is | ||||||
| 2 | required or the defects are so serious and so extensive
| ||||||
| 3 | that the buildings must be removed.
| ||||||
| 4 | (B) Obsolescence. The condition or process of | ||||||
| 5 | falling into disuse.
Structures have become ill-suited | ||||||
| 6 | for the original use.
| ||||||
| 7 | (C) Deterioration. With respect to buildings, | ||||||
| 8 | defects
including, but not limited to, major defects in
| ||||||
| 9 | the secondary building components such as doors, | ||||||
| 10 | windows, porches, gutters and
downspouts, and fascia. | ||||||
| 11 | With respect to surface improvements, that the
| ||||||
| 12 | condition of roadways, alleys, curbs, gutters, | ||||||
| 13 | sidewalks, off-street parking,
and surface storage | ||||||
| 14 | areas evidence deterioration, including, but not | ||||||
| 15 | limited
to, surface cracking, crumbling, potholes, | ||||||
| 16 | depressions, loose paving material,
and weeds | ||||||
| 17 | protruding through paved surfaces.
| ||||||
| 18 | (D) Presence of structures below minimum code | ||||||
| 19 | standards. All structures
that do not meet the | ||||||
| 20 | standards of zoning, subdivision, building, fire, and
| ||||||
| 21 | other governmental codes applicable to property, but | ||||||
| 22 | not including housing and
property maintenance codes.
| ||||||
| 23 | (E) Illegal use of individual structures. The use | ||||||
| 24 | of structures in
violation of applicable federal, | ||||||
| 25 | State, or local laws, exclusive of those
applicable to | ||||||
| 26 | the presence of structures below minimum code | ||||||
| |||||||
| |||||||
| 1 | standards.
| ||||||
| 2 | (F) Excessive vacancies. The presence of
buildings | ||||||
| 3 | that are unoccupied or under-utilized and that | ||||||
| 4 | represent an adverse
influence on the area because of | ||||||
| 5 | the frequency, extent, or duration of the
vacancies.
| ||||||
| 6 | (G) Lack of ventilation, light, or sanitary | ||||||
| 7 | facilities. The absence of
adequate ventilation for | ||||||
| 8 | light or air circulation in spaces or rooms without
| ||||||
| 9 | windows, or that require the removal of dust, odor, | ||||||
| 10 | gas, smoke, or other
noxious airborne materials. | ||||||
| 11 | Inadequate natural light and ventilation means
the | ||||||
| 12 | absence of skylights or windows for interior spaces or | ||||||
| 13 | rooms and improper
window sizes and amounts by room | ||||||
| 14 | area to window area ratios. Inadequate
sanitary | ||||||
| 15 | facilities refers to the absence or inadequacy of | ||||||
| 16 | garbage storage and
enclosure,
bathroom facilities, | ||||||
| 17 | hot water and kitchens, and structural inadequacies
| ||||||
| 18 | preventing ingress and egress to and from all rooms and | ||||||
| 19 | units within a
building.
| ||||||
| 20 | (H) Inadequate utilities. Underground and overhead | ||||||
| 21 | utilities
such as storm sewers and storm drainage, | ||||||
| 22 | sanitary sewers, water lines, and
gas, telephone, and
| ||||||
| 23 | electrical services that are shown to be inadequate. | ||||||
| 24 | Inadequate utilities are
those that are: (i) of | ||||||
| 25 | insufficient capacity to serve the uses in the
| ||||||
| 26 | redevelopment project area, (ii) deteriorated,
| ||||||
| |||||||
| |||||||
| 1 | antiquated, obsolete, or in disrepair, or (iii) | ||||||
| 2 | lacking within the
redevelopment project area.
| ||||||
| 3 | (I) Excessive land coverage and overcrowding of | ||||||
| 4 | structures and community
facilities. The | ||||||
| 5 | over-intensive use of property and the crowding of | ||||||
| 6 | buildings
and accessory facilities onto a site. | ||||||
| 7 | Examples of problem conditions
warranting the | ||||||
| 8 | designation of an area as one exhibiting excessive land | ||||||
| 9 | coverage
are: (i) the presence of buildings either | ||||||
| 10 | improperly situated on parcels or
located
on parcels of | ||||||
| 11 | inadequate size and shape in relation to present-day | ||||||
| 12 | standards of
development for health and safety and (ii) | ||||||
| 13 | the presence of multiple buildings
on a
single parcel. | ||||||
| 14 | For there to be a finding of excessive land coverage,
| ||||||
| 15 | these parcels must exhibit one or more of the following | ||||||
| 16 | conditions:
insufficient provision for
light and air | ||||||
| 17 | within or around buildings, increased threat of spread | ||||||
| 18 | of fire
due to the close proximity of buildings, lack | ||||||
| 19 | of adequate or proper access to a
public right-of-way, | ||||||
| 20 | lack of reasonably required off-street parking, or
| ||||||
| 21 | inadequate provision for loading and service.
| ||||||
| 22 | (J) Deleterious land use or layout. The existence | ||||||
| 23 | of incompatible
land-use
relationships, buildings | ||||||
| 24 | occupied by inappropriate mixed-uses, or uses
| ||||||
| 25 | considered to be noxious, offensive, or unsuitable for | ||||||
| 26 | the
surrounding area.
| ||||||
| |||||||
| |||||||
| 1 | (K) Environmental clean-up. The proposed | ||||||
| 2 | redevelopment project area
has incurred Illinois | ||||||
| 3 | Environmental Protection Agency or United States
| ||||||
| 4 | Environmental Protection Agency remediation costs for, | ||||||
| 5 | or a study conducted by
an independent consultant | ||||||
| 6 | recognized as having expertise in environmental
| ||||||
| 7 | remediation has determined a need for, the
clean-up of | ||||||
| 8 | hazardous
waste, hazardous substances, or underground | ||||||
| 9 | storage tanks required by State or
federal law, | ||||||
| 10 | provided that the remediation costs constitute a | ||||||
| 11 | material
impediment to the development or | ||||||
| 12 | redevelopment of the redevelopment project
area.
| ||||||
| 13 | (L) Lack of community planning. The proposed | ||||||
| 14 | redevelopment project area
was
developed prior to or | ||||||
| 15 | without the benefit or guidance of a community plan.
| ||||||
| 16 | This means that the development occurred prior to the | ||||||
| 17 | adoption by the
municipality of a comprehensive or | ||||||
| 18 | other community plan or that the plan was
not followed | ||||||
| 19 | at the time of the area's development. This factor must | ||||||
| 20 | be
documented by evidence of adverse or incompatible | ||||||
| 21 | land-use relationships,
inadequate street layout, | ||||||
| 22 | improper subdivision, parcels of inadequate shape and
| ||||||
| 23 | size to meet contemporary development standards, or | ||||||
| 24 | other evidence
demonstrating
an absence of effective | ||||||
| 25 | community planning.
| ||||||
| 26 | (M) The total equalized assessed value of the | ||||||
| |||||||
| |||||||
| 1 | proposed redevelopment
project area has declined for 3 | ||||||
| 2 | of the last 5 calendar years
prior to the year in which | ||||||
| 3 | the redevelopment project area is designated
or is | ||||||
| 4 | increasing at an
annual rate that is less
than the | ||||||
| 5 | balance of the municipality for 3 of the last 5 | ||||||
| 6 | calendar years
for which
information is available or is | ||||||
| 7 | increasing at an annual rate that is less than
the | ||||||
| 8 | Consumer Price Index
for All Urban Consumers published | ||||||
| 9 | by the United States Department of Labor or
successor | ||||||
| 10 | agency for 3 of the last 5 calendar years
prior to the | ||||||
| 11 | year in which the redevelopment project area is | ||||||
| 12 | designated.
| ||||||
| 13 | (2) If vacant, the sound growth of the redevelopment | ||||||
| 14 | project area
is impaired by a
combination of 2 or more of | ||||||
| 15 | the following factors, each of which
is (i) present, with | ||||||
| 16 | that presence documented, to a meaningful extent so
that
a | ||||||
| 17 | municipality may reasonably find that the factor is clearly | ||||||
| 18 | present
within the intent of the Act and (ii) reasonably | ||||||
| 19 | distributed throughout the
vacant part of the
| ||||||
| 20 | redevelopment project area to which it pertains:
| ||||||
| 21 | (A) Obsolete platting of vacant land that results | ||||||
| 22 | in parcels of
limited or
narrow size or configurations | ||||||
| 23 | of parcels of irregular size or shape that would
be | ||||||
| 24 | difficult to develop on
a planned basis and in a manner | ||||||
| 25 | compatible with contemporary standards and
| ||||||
| 26 | requirements, or platting that failed to create | ||||||
| |||||||
| |||||||
| 1 | rights-of-ways for streets or
alleys or that created | ||||||
| 2 | inadequate right-of-way widths for streets, alleys, or
| ||||||
| 3 | other public rights-of-way or that omitted easements | ||||||
| 4 | for public utilities.
| ||||||
| 5 | (B) Diversity of ownership of parcels of vacant | ||||||
| 6 | land sufficient in
number to
retard or impede the | ||||||
| 7 | ability to assemble the land for development.
| ||||||
| 8 | (C) Tax and special assessment delinquencies exist | ||||||
| 9 | or the property has
been the subject of tax sales under | ||||||
| 10 | the Property Tax Code within the last 5
years.
| ||||||
| 11 | (D) Deterioration of structures or site | ||||||
| 12 | improvements in neighboring
areas adjacent to the | ||||||
| 13 | vacant land.
| ||||||
| 14 | (E) The area has incurred Illinois Environmental | ||||||
| 15 | Protection Agency or
United States Environmental | ||||||
| 16 | Protection Agency remediation costs for, or a study
| ||||||
| 17 | conducted by an independent consultant recognized as | ||||||
| 18 | having expertise in
environmental remediation has | ||||||
| 19 | determined a need for, the
clean-up of hazardous
waste, | ||||||
| 20 | hazardous substances, or underground storage tanks | ||||||
| 21 | required by State or
federal law, provided that the | ||||||
| 22 | remediation costs
constitute a material impediment to | ||||||
| 23 | the development or redevelopment of
the
redevelopment | ||||||
| 24 | project area.
| ||||||
| 25 | (F) The total equalized assessed value of the | ||||||
| 26 | proposed redevelopment
project area has declined for 3 | ||||||
| |||||||
| |||||||
| 1 | of the last 5 calendar years
prior to the year in which | ||||||
| 2 | the redevelopment project area is designated
or is | ||||||
| 3 | increasing at an
annual rate that is less
than the | ||||||
| 4 | balance of the municipality for 3 of the last 5 | ||||||
| 5 | calendar years for
which information is available or is | ||||||
| 6 | increasing at an annual rate that is less
than
the | ||||||
| 7 | Consumer Price Index
for All Urban Consumers published | ||||||
| 8 | by the United States Department of Labor or
successor | ||||||
| 9 | agency for 3 of the last 5 calendar years
prior to the | ||||||
| 10 | year in which the redevelopment project area is | ||||||
| 11 | designated.
| ||||||
| 12 | (3) If vacant, the sound growth of the redevelopment | ||||||
| 13 | project area is
impaired by one of the
following factors | ||||||
| 14 | that (i) is present, with that presence documented, to a
| ||||||
| 15 | meaningful extent so that a municipality may reasonably | ||||||
| 16 | find that the factor is
clearly
present within the intent | ||||||
| 17 | of the Act and (ii) is reasonably distributed
throughout | ||||||
| 18 | the vacant part of the
redevelopment project area to which | ||||||
| 19 | it pertains:
| ||||||
| 20 | (A) The area consists of one or more unused | ||||||
| 21 | quarries, mines, or strip
mine ponds.
| ||||||
| 22 | (B) The area consists of unused rail yards, rail | ||||||
| 23 | tracks, or railroad
rights-of-way.
| ||||||
| 24 | (C) The area, prior to its designation, is subject | ||||||
| 25 | to (i) chronic
flooding
that adversely impacts on real | ||||||
| 26 | property in the area as certified by a
registered
| ||||||
| |||||||
| |||||||
| 1 | professional engineer or appropriate regulatory agency | ||||||
| 2 | or (ii) surface water
that
discharges from all or a | ||||||
| 3 | part of the area and contributes to flooding within
the
| ||||||
| 4 | same watershed, but only if the redevelopment project | ||||||
| 5 | provides for facilities
or
improvements to contribute | ||||||
| 6 | to the alleviation of all or part of the
flooding.
| ||||||
| 7 | (D) The area consists of an unused or illegal | ||||||
| 8 | disposal site containing
earth,
stone, building | ||||||
| 9 | debris, or similar materials that were removed from
| ||||||
| 10 | construction, demolition, excavation, or dredge sites.
| ||||||
| 11 | (E) Prior to November 1, 1999, the area
is not less | ||||||
| 12 | than 50 nor more than 100 acres and 75%
of which is | ||||||
| 13 | vacant (notwithstanding that the area has been used
for | ||||||
| 14 | commercial agricultural purposes within 5 years prior | ||||||
| 15 | to the designation
of the redevelopment project area), | ||||||
| 16 | and the area meets at least one of
the factors itemized | ||||||
| 17 | in paragraph (1) of this subsection, the area
has been | ||||||
| 18 | designated as a town or village center by ordinance or | ||||||
| 19 | comprehensive
plan adopted prior to January 1, 1982, | ||||||
| 20 | and the area has not been developed
for that designated | ||||||
| 21 | purpose.
| ||||||
| 22 | (F) The area qualified as a blighted improved area | ||||||
| 23 | immediately prior to
becoming vacant, unless there has | ||||||
| 24 | been substantial private investment in the
immediately | ||||||
| 25 | surrounding area.
| ||||||
| 26 | (b) For any redevelopment project area that has been | ||||||
| |||||||
| |||||||
| 1 | designated pursuant
to this
Section by an ordinance adopted | ||||||
| 2 | prior to November 1, 1999 (the effective
date of Public Act
| ||||||
| 3 | 91-478), "conservation area" shall have the meaning
set forth | ||||||
| 4 | in this
Section prior to that date.
| ||||||
| 5 | On and after November 1, 1999,
"conservation area" means | ||||||
| 6 | any improved area within the boundaries
of a redevelopment | ||||||
| 7 | project area located within the territorial limits of
the | ||||||
| 8 | municipality in which 50% or more of the structures in the area | ||||||
| 9 | have
an age of 35 years or more.
Such an area is not yet a | ||||||
| 10 | blighted area but
because of a combination of 3 or more of the | ||||||
| 11 | following factors is detrimental
to the public safety, health, | ||||||
| 12 | morals
or welfare and such an area may become a blighted area:
| ||||||
| 13 | (1) Dilapidation. An advanced state of disrepair or | ||||||
| 14 | neglect of
necessary
repairs to the primary structural | ||||||
| 15 | components of buildings or improvements in
such a | ||||||
| 16 | combination that a documented building condition analysis | ||||||
| 17 | determines
that major repair is required or the defects are | ||||||
| 18 | so serious and so extensive
that the buildings must be | ||||||
| 19 | removed.
| ||||||
| 20 | (2) Obsolescence. The condition or process of falling | ||||||
| 21 | into disuse.
Structures have become ill-suited for the | ||||||
| 22 | original use.
| ||||||
| 23 | (3) Deterioration. With respect to buildings, defects
| ||||||
| 24 | including, but not limited to, major defects in
the | ||||||
| 25 | secondary building components such as doors, windows, | ||||||
| 26 | porches, gutters and
downspouts, and fascia. With respect | ||||||
| |||||||
| |||||||
| 1 | to surface improvements, that the
condition of roadways, | ||||||
| 2 | alleys, curbs, gutters, sidewalks, off-street parking,
and | ||||||
| 3 | surface storage areas evidence deterioration, including, | ||||||
| 4 | but not limited
to, surface cracking, crumbling, potholes, | ||||||
| 5 | depressions, loose paving material,
and weeds protruding | ||||||
| 6 | through paved surfaces.
| ||||||
| 7 | (4) Presence of structures below minimum code | ||||||
| 8 | standards. All structures
that do not meet the standards of | ||||||
| 9 | zoning, subdivision, building, fire, and
other | ||||||
| 10 | governmental codes applicable to property, but not | ||||||
| 11 | including housing and
property maintenance codes.
| ||||||
| 12 | (5) Illegal use of individual structures. The use of | ||||||
| 13 | structures in
violation of applicable federal, State, or | ||||||
| 14 | local laws, exclusive of those
applicable to the presence | ||||||
| 15 | of structures below minimum code standards.
| ||||||
| 16 | (6) Excessive vacancies. The presence of
buildings | ||||||
| 17 | that are unoccupied or under-utilized and that represent an | ||||||
| 18 | adverse
influence on the area because of the frequency, | ||||||
| 19 | extent, or duration of the
vacancies.
| ||||||
| 20 | (7) Lack of ventilation, light, or sanitary | ||||||
| 21 | facilities. The absence of
adequate ventilation for light | ||||||
| 22 | or air circulation in spaces or rooms without
windows, or | ||||||
| 23 | that require the removal of dust, odor, gas, smoke, or | ||||||
| 24 | other
noxious airborne materials. Inadequate natural light | ||||||
| 25 | and ventilation means
the absence or inadequacy of | ||||||
| 26 | skylights or windows for interior spaces or rooms
and | ||||||
| |||||||
| |||||||
| 1 | improper
window sizes and amounts by room area to window | ||||||
| 2 | area ratios. Inadequate
sanitary facilities refers to the | ||||||
| 3 | absence or inadequacy of garbage storage and
enclosure,
| ||||||
| 4 | bathroom facilities, hot water and kitchens, and | ||||||
| 5 | structural inadequacies
preventing ingress and egress to | ||||||
| 6 | and from all rooms and units within a
building.
| ||||||
| 7 | (8) Inadequate utilities. Underground and overhead | ||||||
| 8 | utilities
such as storm sewers and storm drainage, sanitary | ||||||
| 9 | sewers, water lines, and gas,
telephone, and
electrical | ||||||
| 10 | services that are shown to be inadequate. Inadequate | ||||||
| 11 | utilities are
those that are: (i) of insufficient capacity | ||||||
| 12 | to serve the uses in the
redevelopment project area, (ii) | ||||||
| 13 | deteriorated,
antiquated, obsolete, or in disrepair, or | ||||||
| 14 | (iii) lacking within the
redevelopment project area.
| ||||||
| 15 | (9) Excessive land coverage and overcrowding of | ||||||
| 16 | structures and community
facilities. The over-intensive | ||||||
| 17 | use of property and the crowding of buildings
and accessory | ||||||
| 18 | facilities onto a site. Examples of problem conditions
| ||||||
| 19 | warranting the designation of an area as one exhibiting | ||||||
| 20 | excessive land coverage
are: the presence of buildings | ||||||
| 21 | either improperly situated on parcels or located
on parcels | ||||||
| 22 | of inadequate size and shape in relation to present-day | ||||||
| 23 | standards of
development for health and safety and the | ||||||
| 24 | presence of multiple buildings on a
single parcel. For | ||||||
| 25 | there to be a finding of excessive land coverage,
these | ||||||
| 26 | parcels must exhibit one or more of the following | ||||||
| |||||||
| |||||||
| 1 | conditions:
insufficient provision for
light and air | ||||||
| 2 | within or around buildings, increased threat of spread of | ||||||
| 3 | fire
due to the close proximity of buildings, lack of | ||||||
| 4 | adequate or proper access to a
public right-of-way, lack of | ||||||
| 5 | reasonably required off-street parking, or
inadequate | ||||||
| 6 | provision for loading and service.
| ||||||
| 7 | (10) Deleterious land use or layout. The existence of | ||||||
| 8 | incompatible
land-use
relationships, buildings occupied by | ||||||
| 9 | inappropriate mixed-uses, or uses
considered to be | ||||||
| 10 | noxious, offensive, or unsuitable for the
surrounding | ||||||
| 11 | area.
| ||||||
| 12 | (11) Lack of community planning. The proposed | ||||||
| 13 | redevelopment project area
was
developed prior to or | ||||||
| 14 | without the benefit or guidance of a community plan.
This | ||||||
| 15 | means that the development occurred prior to the adoption | ||||||
| 16 | by the
municipality of a comprehensive or other community | ||||||
| 17 | plan or that the plan was
not followed at the time of the | ||||||
| 18 | area's development. This factor must be
documented by | ||||||
| 19 | evidence of adverse or incompatible land-use | ||||||
| 20 | relationships,
inadequate street layout, improper | ||||||
| 21 | subdivision, parcels of inadequate shape and
size to meet | ||||||
| 22 | contemporary development standards, or other evidence
| ||||||
| 23 | demonstrating
an absence of effective community planning.
| ||||||
| 24 | (12) The area has incurred Illinois Environmental | ||||||
| 25 | Protection Agency or
United
States Environmental | ||||||
| 26 | Protection Agency remediation costs for, or a study
| ||||||
| |||||||
| |||||||
| 1 | conducted by an independent consultant recognized as | ||||||
| 2 | having expertise in
environmental remediation has | ||||||
| 3 | determined a need for, the clean-up of hazardous
waste, | ||||||
| 4 | hazardous substances, or underground storage tanks | ||||||
| 5 | required by State
or federal law, provided that the | ||||||
| 6 | remediation costs constitute a material
impediment to the | ||||||
| 7 | development or redevelopment of the redevelopment project
| ||||||
| 8 | area.
| ||||||
| 9 | (13) The total equalized assessed value of the proposed | ||||||
| 10 | redevelopment
project area has declined for 3 of the last 5 | ||||||
| 11 | calendar years
for which information is
available or is | ||||||
| 12 | increasing at an annual rate that is less than the balance | ||||||
| 13 | of
the municipality for 3 of the last 5 calendar years for | ||||||
| 14 | which information is
available or is increasing at an | ||||||
| 15 | annual rate that is less
than the Consumer Price Index for | ||||||
| 16 | All Urban Consumers published by the United
States | ||||||
| 17 | Department of Labor or successor agency for 3 of the last 5 | ||||||
| 18 | calendar
years for which information is available.
| ||||||
| 19 | (c) "Industrial park" means an area in a blighted or | ||||||
| 20 | conservation
area suitable for use by any manufacturing, | ||||||
| 21 | industrial, research or
transportation enterprise, of | ||||||
| 22 | facilities to include but not be limited to
factories, mills, | ||||||
| 23 | processing plants, assembly plants, packing plants,
| ||||||
| 24 | fabricating plants, industrial distribution centers, | ||||||
| 25 | warehouses, repair
overhaul or service facilities, freight | ||||||
| 26 | terminals, research facilities,
test facilities or railroad | ||||||
| |||||||
| |||||||
| 1 | facilities.
| ||||||
| 2 | (d) "Industrial park conservation area" means an area | ||||||
| 3 | within the
boundaries of a redevelopment project area located | ||||||
| 4 | within the territorial
limits of a municipality that is a labor | ||||||
| 5 | surplus municipality or within 1
1/2 miles of the territorial | ||||||
| 6 | limits of a municipality that is a labor
surplus municipality | ||||||
| 7 | if the area is annexed to the municipality; which
area is zoned | ||||||
| 8 | as industrial no later than at the time the municipality by
| ||||||
| 9 | ordinance designates the redevelopment project area, and which | ||||||
| 10 | area
includes both vacant land suitable for use as an | ||||||
| 11 | industrial park and a
blighted area or conservation area | ||||||
| 12 | contiguous to such vacant land.
| ||||||
| 13 | (e) "Labor surplus municipality" means a municipality in | ||||||
| 14 | which, at any
time during the 6 months before the municipality | ||||||
| 15 | by ordinance designates
an industrial park conservation area, | ||||||
| 16 | the unemployment rate was over 6% and was
also 100% or more of | ||||||
| 17 | the national average unemployment rate for that same
time as | ||||||
| 18 | published in the United States Department of Labor Bureau of | ||||||
| 19 | Labor
Statistics publication entitled "The Employment | ||||||
| 20 | Situation" or its successor
publication. For the purpose of | ||||||
| 21 | this subsection, if unemployment rate
statistics for the | ||||||
| 22 | municipality are not available, the unemployment rate in
the | ||||||
| 23 | municipality shall be deemed to be the same as the unemployment | ||||||
| 24 | rate in
the principal county in which the municipality is | ||||||
| 25 | located.
| ||||||
| 26 | (f) "Municipality" shall mean a city, village, | ||||||
| |||||||
| |||||||
| 1 | incorporated town, or a township that is located in the | ||||||
| 2 | unincorporated portion of a county with 3 million or more | ||||||
| 3 | inhabitants, if the county adopted an ordinance that approved | ||||||
| 4 | the township's redevelopment plan.
| ||||||
| 5 | (g) "Initial Sales Tax Amounts" means the amount of taxes | ||||||
| 6 | paid under
the Retailers' Occupation Tax Act, Use Tax Act, | ||||||
| 7 | Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
| 8 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
| 9 | Service Occupation Tax Act by
retailers and servicemen on | ||||||
| 10 | transactions at places located in a
State Sales Tax Boundary | ||||||
| 11 | during the calendar year 1985.
| ||||||
| 12 | (g-1) "Revised Initial Sales Tax Amounts" means the amount | ||||||
| 13 | of taxes paid
under the Retailers' Occupation Tax Act, Use Tax | ||||||
| 14 | Act, Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
| 15 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
| 16 | Service Occupation Tax Act by retailers and servicemen on
| ||||||
| 17 | transactions at places located within the State Sales Tax | ||||||
| 18 | Boundary
revised pursuant to Section 11-74.4-8a(9) of this Act.
| ||||||
| 19 | (h) "Municipal Sales Tax Increment" means an amount equal | ||||||
| 20 | to the
increase in the aggregate amount of taxes paid to a | ||||||
| 21 | municipality from the
Local Government Tax Fund arising from | ||||||
| 22 | sales by retailers and servicemen
within the redevelopment | ||||||
| 23 | project area or State Sales Tax Boundary, as
the case may be, | ||||||
| 24 | for as long as the redevelopment project area or State
Sales | ||||||
| 25 | Tax Boundary, as the case may be, exist over and above the | ||||||
| 26 | aggregate
amount of taxes as certified by the Illinois | ||||||
| |||||||
| |||||||
| 1 | Department of Revenue and paid
under the Municipal Retailers' | ||||||
| 2 | Occupation Tax Act and the Municipal Service
Occupation Tax Act | ||||||
| 3 | by retailers and servicemen, on transactions at places
of | ||||||
| 4 | business located in the redevelopment project area or State | ||||||
| 5 | Sales Tax
Boundary, as the case may be, during the
base year | ||||||
| 6 | which shall be the calendar year immediately prior to the year | ||||||
| 7 | in
which the municipality adopted tax increment allocation | ||||||
| 8 | financing. For
purposes of computing the aggregate amount of | ||||||
| 9 | such taxes for base years
occurring prior to 1985, the | ||||||
| 10 | Department of Revenue shall determine the
Initial Sales Tax | ||||||
| 11 | Amounts for such taxes and deduct therefrom an amount
equal to | ||||||
| 12 | 4% of the aggregate amount of taxes per year for each year the
| ||||||
| 13 | base year is prior to 1985, but not to exceed a total deduction | ||||||
| 14 | of 12%.
The amount so determined shall be known as the | ||||||
| 15 | "Adjusted Initial Sales Tax
Amounts". For purposes of | ||||||
| 16 | determining the Municipal Sales Tax Increment,
the Department | ||||||
| 17 | of Revenue shall for each period subtract from the amount
paid | ||||||
| 18 | to the municipality from the Local Government Tax Fund arising | ||||||
| 19 | from
sales by retailers and servicemen on transactions
located | ||||||
| 20 | in the redevelopment project area or the State Sales Tax | ||||||
| 21 | Boundary,
as the case may be, the certified Initial Sales Tax
| ||||||
| 22 | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | ||||||
| 23 | Initial
Sales Tax Amounts for the Municipal Retailers'
| ||||||
| 24 | Occupation Tax Act and the Municipal Service
Occupation Tax | ||||||
| 25 | Act. For the State Fiscal Year 1989, this calculation shall
be | ||||||
| 26 | made by utilizing the calendar year 1987 to determine the tax | ||||||
| |||||||
| |||||||
| 1 | amounts
received. For the State Fiscal Year 1990, this | ||||||
| 2 | calculation shall be made
by utilizing the period from January | ||||||
| 3 | 1, 1988, until September 30, 1988, to
determine the tax amounts | ||||||
| 4 | received from retailers and servicemen pursuant
to the | ||||||
| 5 | Municipal Retailers' Occupation Tax and the Municipal Service
| ||||||
| 6 | Occupation Tax Act, which shall have deducted therefrom
| ||||||
| 7 | nine-twelfths of the certified Initial Sales Tax Amounts, the | ||||||
| 8 | Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales | ||||||
| 9 | Tax Amounts as appropriate.
For the State Fiscal Year 1991, | ||||||
| 10 | this calculation shall be made by utilizing
the period from | ||||||
| 11 | October 1, 1988, to June 30, 1989, to determine the tax
amounts | ||||||
| 12 | received from retailers and servicemen pursuant to the | ||||||
| 13 | Municipal
Retailers' Occupation Tax and the Municipal Service | ||||||
| 14 | Occupation Tax Act
which shall have deducted therefrom | ||||||
| 15 | nine-twelfths of the
certified Initial Sales Tax Amounts, | ||||||
| 16 | Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales | ||||||
| 17 | Tax Amounts as appropriate. For every
State Fiscal Year | ||||||
| 18 | thereafter, the applicable period shall be the 12 months
| ||||||
| 19 | beginning July 1 and ending June 30 to determine the tax | ||||||
| 20 | amounts received
which shall have deducted therefrom the | ||||||
| 21 | certified Initial Sales Tax
Amounts, the Adjusted Initial Sales | ||||||
| 22 | Tax Amounts or the Revised Initial
Sales Tax Amounts, as the | ||||||
| 23 | case may be.
| ||||||
| 24 | (i) "Net State Sales Tax Increment" means the sum of the | ||||||
| 25 | following: (a)
80% of the first $100,000 of State Sales Tax | ||||||
| 26 | Increment annually generated
within a State Sales Tax Boundary; | ||||||
| |||||||
| |||||||
| 1 | (b) 60% of the amount in excess of
$100,000 but not exceeding | ||||||
| 2 | $500,000 of State Sales Tax Increment annually
generated within | ||||||
| 3 | a State Sales Tax Boundary; and (c) 40% of all amounts in
| ||||||
| 4 | excess of $500,000 of State Sales Tax Increment annually | ||||||
| 5 | generated within a
State Sales Tax Boundary. If, however, a | ||||||
| 6 | municipality established a tax
increment financing district in | ||||||
| 7 | a county with a population in excess of
3,000,000 before | ||||||
| 8 | January 1, 1986, and the municipality entered into a
contract | ||||||
| 9 | or issued bonds after January 1, 1986, but before December 31, | ||||||
| 10 | 1986,
to finance redevelopment project costs within a State | ||||||
| 11 | Sales Tax
Boundary, then the Net State Sales Tax Increment | ||||||
| 12 | means, for the fiscal years
beginning July 1, 1990, and July 1, | ||||||
| 13 | 1991, 100% of the State Sales Tax
Increment annually generated | ||||||
| 14 | within a State Sales Tax Boundary; and
notwithstanding any | ||||||
| 15 | other provision of this Act, for those fiscal years the
| ||||||
| 16 | Department of Revenue shall distribute to those municipalities | ||||||
| 17 | 100% of
their Net State Sales Tax Increment before any | ||||||
| 18 | distribution to any other
municipality and regardless of | ||||||
| 19 | whether or not those other municipalities
will receive 100% of | ||||||
| 20 | their Net State Sales Tax Increment. For Fiscal Year
1999, and | ||||||
| 21 | every year thereafter until the year 2007, for any municipality
| ||||||
| 22 | that has not entered into a contract or has not issued bonds | ||||||
| 23 | prior to June
1, 1988 to finance redevelopment project costs | ||||||
| 24 | within a State Sales Tax
Boundary, the Net State Sales Tax | ||||||
| 25 | Increment shall be calculated as follows:
By multiplying the | ||||||
| 26 | Net State Sales Tax Increment by 90% in the State Fiscal
Year | ||||||
| |||||||
| |||||||
| 1 | 1999; 80% in the State Fiscal Year 2000; 70% in the State | ||||||
| 2 | Fiscal Year
2001; 60% in the State Fiscal Year 2002; 50% in the | ||||||
| 3 | State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% | ||||||
| 4 | in the State Fiscal Year 2005; 20% in
the State Fiscal Year | ||||||
| 5 | 2006; and 10% in the State Fiscal Year 2007. No
payment shall | ||||||
| 6 | be made for State Fiscal Year 2008 and thereafter.
| ||||||
| 7 | Municipalities that issued bonds in connection with a | ||||||
| 8 | redevelopment project
in a redevelopment project area within | ||||||
| 9 | the State Sales Tax Boundary prior to
July 29, 1991,
or that | ||||||
| 10 | entered into contracts in connection with a redevelopment | ||||||
| 11 | project in
a redevelopment project area before June 1, 1988,
| ||||||
| 12 | shall continue to receive their proportional share of the
| ||||||
| 13 | Illinois Tax Increment Fund distribution until the date on | ||||||
| 14 | which the
redevelopment project is completed or terminated.
If, | ||||||
| 15 | however, a municipality that issued bonds in connection with a
| ||||||
| 16 | redevelopment project in a redevelopment project area within | ||||||
| 17 | the State Sales
Tax Boundary prior to July 29, 1991 retires the | ||||||
| 18 | bonds prior to June 30, 2007 or
a municipality that entered | ||||||
| 19 | into contracts in connection with a redevelopment
project in a | ||||||
| 20 | redevelopment project area before June 1, 1988 completes the
| ||||||
| 21 | contracts prior to June 30, 2007, then so long as the | ||||||
| 22 | redevelopment project is
not
completed or is not terminated, | ||||||
| 23 | the Net State Sales Tax Increment shall be
calculated, | ||||||
| 24 | beginning on the date on which the bonds are retired or the
| ||||||
| 25 | contracts are completed, as follows: By multiplying the Net | ||||||
| 26 | State Sales Tax
Increment by 60% in the State Fiscal Year
2002; | ||||||
| |||||||
| |||||||
| 1 | 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year | ||||||
| 2 | 2004; 30%
in the State Fiscal Year 2005; 20% in the State | ||||||
| 3 | Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No | ||||||
| 4 | payment shall be made for State Fiscal Year
2008 and | ||||||
| 5 | thereafter.
Refunding of any bonds issued
prior to July 29, | ||||||
| 6 | 1991, shall not alter the Net State Sales Tax Increment.
| ||||||
| 7 | (j) "State Utility Tax Increment Amount" means an amount | ||||||
| 8 | equal to the
aggregate increase in State electric and gas tax | ||||||
| 9 | charges imposed on owners
and tenants, other than residential | ||||||
| 10 | customers, of properties located within
the redevelopment | ||||||
| 11 | project area under Section 9-222 of the Public Utilities
Act, | ||||||
| 12 | over and above the aggregate of such charges as certified by | ||||||
| 13 | the
Department of Revenue and paid by owners and tenants, other | ||||||
| 14 | than
residential customers, of properties within the | ||||||
| 15 | redevelopment project area
during the base year, which shall be | ||||||
| 16 | the calendar year immediately prior to
the year of the adoption | ||||||
| 17 | of the ordinance authorizing tax increment allocation
| ||||||
| 18 | financing.
| ||||||
| 19 | (k) "Net State Utility Tax Increment" means the sum of the | ||||||
| 20 | following:
(a) 80% of the first $100,000 of State Utility Tax | ||||||
| 21 | Increment annually
generated by a redevelopment project area; | ||||||
| 22 | (b) 60% of the amount in excess
of $100,000 but not exceeding | ||||||
| 23 | $500,000 of the State Utility Tax Increment
annually generated | ||||||
| 24 | by a redevelopment project area; and (c) 40% of all
amounts in | ||||||
| 25 | excess of $500,000 of State Utility Tax Increment annually
| ||||||
| 26 | generated by a redevelopment project area. For the State Fiscal | ||||||
| |||||||
| |||||||
| 1 | Year 1999,
and every year thereafter until the year 2007, for | ||||||
| 2 | any municipality that
has not entered into a contract or has | ||||||
| 3 | not issued bonds prior to June 1,
1988 to finance redevelopment | ||||||
| 4 | project costs within a redevelopment project
area, the Net | ||||||
| 5 | State Utility Tax Increment shall be calculated as follows:
By | ||||||
| 6 | multiplying the Net State Utility Tax Increment by 90% in the | ||||||
| 7 | State
Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% | ||||||
| 8 | in the State
Fiscal Year 2001; 60% in the State Fiscal Year | ||||||
| 9 | 2002; 50% in the State
Fiscal Year 2003; 40% in the State | ||||||
| 10 | Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the | ||||||
| 11 | State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. | ||||||
| 12 | No payment shall be made for the State Fiscal Year 2008
and | ||||||
| 13 | thereafter.
| ||||||
| 14 | Municipalities that issue bonds in connection with the | ||||||
| 15 | redevelopment project
during the period from June 1, 1988 until | ||||||
| 16 | 3 years after the effective date
of this Amendatory Act of 1988 | ||||||
| 17 | shall receive the Net State Utility Tax
Increment, subject to | ||||||
| 18 | appropriation, for 15 State Fiscal Years after the
issuance of | ||||||
| 19 | such bonds. For the 16th through the 20th State Fiscal Years
| ||||||
| 20 | after issuance of the bonds, the Net State Utility Tax | ||||||
| 21 | Increment shall be
calculated as follows: By multiplying the | ||||||
| 22 | Net State Utility Tax Increment
by 90% in year 16; 80% in year | ||||||
| 23 | 17; 70% in year 18; 60% in year 19; and 50%
in year 20. | ||||||
| 24 | Refunding of any bonds issued prior to June 1, 1988, shall not
| ||||||
| 25 | alter the revised Net State Utility Tax Increment payments set | ||||||
| 26 | forth above.
| ||||||
| |||||||
| |||||||
| 1 | (l) "Obligations" mean bonds, loans, debentures, notes, | ||||||
| 2 | special certificates
or other evidence of indebtedness issued | ||||||
| 3 | by the municipality to carry out
a redevelopment project or to | ||||||
| 4 | refund outstanding obligations.
| ||||||
| 5 | (m) "Payment in lieu of taxes" means those estimated tax | ||||||
| 6 | revenues from
real property in a redevelopment project area | ||||||
| 7 | derived from real property that
has been acquired by a | ||||||
| 8 | municipality
which according to the redevelopment project or | ||||||
| 9 | plan is to be used for a
private use which taxing districts | ||||||
| 10 | would have received had a municipality
not acquired the real | ||||||
| 11 | property and adopted tax increment allocation
financing and | ||||||
| 12 | which would result from
levies made after the time of the | ||||||
| 13 | adoption of tax increment allocation
financing to the time the | ||||||
| 14 | current equalized value of real property in the
redevelopment | ||||||
| 15 | project area exceeds the total initial equalized value of
real | ||||||
| 16 | property in said area.
| ||||||
| 17 | (n) "Redevelopment plan" means the comprehensive program | ||||||
| 18 | of
the municipality for development or redevelopment intended | ||||||
| 19 | by the payment of
redevelopment project costs to reduce or | ||||||
| 20 | eliminate those conditions the
existence of which qualified the | ||||||
| 21 | redevelopment project area as
a "blighted
area" or | ||||||
| 22 | "conservation area" or combination thereof or "industrial park
| ||||||
| 23 | conservation area," and thereby to enhance the tax bases of the | ||||||
| 24 | taxing
districts which extend into the redevelopment project | ||||||
| 25 | area, provided that, with respect to redevelopment project | ||||||
| 26 | areas described in subsections (p-1) and (p-2), "redevelopment | ||||||
| |||||||
| |||||||
| 1 | plan" means the comprehensive program of the affected | ||||||
| 2 | municipality for the development of qualifying transit | ||||||
| 3 | facilities.
On and after November 1, 1999 (the effective date | ||||||
| 4 | of
Public Act 91-478), no
redevelopment plan may be approved or | ||||||
| 5 | amended that includes the development of
vacant land (i) with a | ||||||
| 6 | golf course and related clubhouse and other facilities
or (ii) | ||||||
| 7 | designated by federal, State, county, or municipal government | ||||||
| 8 | as public
land for outdoor recreational activities or for | ||||||
| 9 | nature preserves and used for
that purpose within 5
years prior | ||||||
| 10 | to the adoption of the redevelopment plan. For the purpose of
| ||||||
| 11 | this subsection, "recreational activities" is limited to mean | ||||||
| 12 | camping and
hunting.
Each
redevelopment plan shall set forth in | ||||||
| 13 | writing the program to be undertaken
to accomplish the | ||||||
| 14 | objectives and shall include but not be limited to:
| ||||||
| 15 | (A) an itemized list of estimated redevelopment | ||||||
| 16 | project costs;
| ||||||
| 17 | (B) evidence indicating that the redevelopment project | ||||||
| 18 | area on the whole
has not been subject to growth and | ||||||
| 19 | development through investment by private
enterprise, | ||||||
| 20 | provided that such evidence shall not be required for any | ||||||
| 21 | redevelopment project area located within a transit | ||||||
| 22 | facility improvement area established pursuant to Section | ||||||
| 23 | 11-74.4-3.3;
| ||||||
| 24 | (C) an assessment of any financial impact of the | ||||||
| 25 | redevelopment project
area on or any increased demand for | ||||||
| 26 | services from any taxing district affected
by the plan and | ||||||
| |||||||
| |||||||
| 1 | any program to address such financial impact or increased
| ||||||
| 2 | demand;
| ||||||
| 3 | (D) the sources of funds to pay costs;
| ||||||
| 4 | (E) the nature and term of the obligations to be | ||||||
| 5 | issued;
| ||||||
| 6 | (F) the most recent equalized assessed valuation of the | ||||||
| 7 | redevelopment
project area;
| ||||||
| 8 | (G) an estimate as to the equalized assessed valuation | ||||||
| 9 | after redevelopment
and the general land uses to apply in | ||||||
| 10 | the redevelopment project area;
| ||||||
| 11 | (H) a commitment to fair employment practices and an | ||||||
| 12 | affirmative action
plan;
| ||||||
| 13 | (I) if it concerns an industrial park
conservation | ||||||
| 14 | area, the plan shall
also include a general description
of | ||||||
| 15 | any proposed developer, user and tenant of any property, a | ||||||
| 16 | description
of the type, structure and general character of | ||||||
| 17 | the facilities to be
developed, a description of the type, | ||||||
| 18 | class and number of new employees to
be employed in the | ||||||
| 19 | operation of the facilities to be developed; and
| ||||||
| 20 | (J) if property is to be annexed to the municipality, | ||||||
| 21 | the plan shall
include the terms of the annexation | ||||||
| 22 | agreement.
| ||||||
| 23 | The provisions of items (B) and (C) of this subsection (n) | ||||||
| 24 | shall not apply to
a municipality that before March 14, 1994 | ||||||
| 25 | (the effective date of Public Act
88-537) had fixed, either by | ||||||
| 26 | its
corporate authorities or by a commission designated under | ||||||
| |||||||
| |||||||
| 1 | subsection (k) of
Section 11-74.4-4, a time and place for a | ||||||
| 2 | public hearing as required by
subsection (a) of Section | ||||||
| 3 | 11-74.4-5.
No redevelopment plan shall be adopted unless a
| ||||||
| 4 | municipality complies with all of the following requirements:
| ||||||
| 5 | (1) The municipality finds that the redevelopment | ||||||
| 6 | project area on
the whole has not been subject to growth | ||||||
| 7 | and development through investment
by private enterprise | ||||||
| 8 | and would not reasonably be anticipated to be
developed | ||||||
| 9 | without the adoption of the redevelopment plan, provided, | ||||||
| 10 | however, that such a finding shall not be required with | ||||||
| 11 | respect to any redevelopment project area located within a | ||||||
| 12 | transit facility improvement area established pursuant to | ||||||
| 13 | Section 11-74.4-3.3.
| ||||||
| 14 | (2) The municipality finds that the redevelopment plan | ||||||
| 15 | and project conform
to the comprehensive plan for the | ||||||
| 16 | development of the municipality as a whole,
or, for | ||||||
| 17 | municipalities with a population of 100,000 or more, | ||||||
| 18 | regardless of when
the redevelopment plan and project was | ||||||
| 19 | adopted, the redevelopment plan and
project either: (i) | ||||||
| 20 | conforms to the strategic economic development or
| ||||||
| 21 | redevelopment plan issued by the designated planning | ||||||
| 22 | authority of the
municipality, or (ii) includes land uses | ||||||
| 23 | that have been approved by the
planning commission of the | ||||||
| 24 | municipality.
| ||||||
| 25 | (3) The redevelopment plan establishes the estimated | ||||||
| 26 | dates of completion
of the redevelopment project and | ||||||
| |||||||
| |||||||
| 1 | retirement of obligations issued to finance
redevelopment | ||||||
| 2 | project costs. Those dates may not be later than the dates | ||||||
| 3 | set forth under Section 11-74.4-3.5.
| ||||||
| 4 | A municipality may by municipal ordinance amend an | ||||||
| 5 | existing redevelopment
plan to conform to this paragraph | ||||||
| 6 | (3) as amended by Public Act 91-478, which
municipal | ||||||
| 7 | ordinance may be adopted without
further hearing or
notice | ||||||
| 8 | and without complying with the procedures provided in this | ||||||
| 9 | Act
pertaining to an amendment to or the initial approval | ||||||
| 10 | of a redevelopment plan
and project and
designation of a | ||||||
| 11 | redevelopment project area.
| ||||||
| 12 | (3.5) The municipality finds, in the case of an | ||||||
| 13 | industrial
park
conservation area, also that the | ||||||
| 14 | municipality is a labor surplus municipality
and that the | ||||||
| 15 | implementation of the redevelopment plan will reduce | ||||||
| 16 | unemployment,
create new jobs and by the provision of new | ||||||
| 17 | facilities enhance the tax base of
the taxing districts | ||||||
| 18 | that extend into the redevelopment project area.
| ||||||
| 19 | (4) If any incremental revenues are being utilized | ||||||
| 20 | under
Section 8(a)(1)
or 8(a)(2) of this Act in | ||||||
| 21 | redevelopment project areas approved by ordinance
after | ||||||
| 22 | January 1, 1986, the municipality finds: (a) that the | ||||||
| 23 | redevelopment
project area would not reasonably be | ||||||
| 24 | developed without the use of such
incremental revenues, and | ||||||
| 25 | (b) that such incremental revenues will be
exclusively | ||||||
| 26 | utilized for the development of the redevelopment project | ||||||
| |||||||
| |||||||
| 1 | area.
| ||||||
| 2 | (5) If: (a)
the redevelopment plan will not result in
| ||||||
| 3 | displacement of
residents from 10 or more inhabited | ||||||
| 4 | residential units, and the
municipality certifies in the | ||||||
| 5 | plan that
such displacement will not result from the plan; | ||||||
| 6 | or (b) the redevelopment plan is for a redevelopment | ||||||
| 7 | project area located within a transit facility improvement | ||||||
| 8 | area established pursuant to Section 11-74.4-3.3, and the | ||||||
| 9 | applicable project is subject to the process for evaluation | ||||||
| 10 | of environmental effects under the National Environmental | ||||||
| 11 | Policy Act of 1969, 42 U.S.C. § 4321 et seq., then a | ||||||
| 12 | housing impact study
need not be performed.
If, however, | ||||||
| 13 | the redevelopment plan would result in the displacement
of
| ||||||
| 14 | residents from 10 or more inhabited
residential units,
or | ||||||
| 15 | if the redevelopment project area contains 75 or more | ||||||
| 16 | inhabited residential
units and no
certification is made,
| ||||||
| 17 | then the municipality shall prepare, as part of the | ||||||
| 18 | separate
feasibility report required by subsection (a) of | ||||||
| 19 | Section 11-74.4-5, a housing
impact study.
| ||||||
| 20 | Part I of the housing impact study shall include (i) | ||||||
| 21 | data as to whether
the residential units are single family | ||||||
| 22 | or multi-family units,
(ii) the number and type of rooms | ||||||
| 23 | within the units, if that information is
available, (iii) | ||||||
| 24 | whether
the
units are inhabited or uninhabited, as | ||||||
| 25 | determined not less than 45
days before the date that the | ||||||
| 26 | ordinance or resolution required
by subsection (a) of | ||||||
| |||||||
| |||||||
| 1 | Section 11-74.4-5 is passed, and (iv) data as to the
racial | ||||||
| 2 | and ethnic composition of the residents in the inhabited | ||||||
| 3 | residential
units. The data requirement as to the racial | ||||||
| 4 | and ethnic composition of the
residents in the inhabited | ||||||
| 5 | residential units shall be deemed to be fully
satisfied by | ||||||
| 6 | data from the most recent federal census.
| ||||||
| 7 | Part II of the housing impact study shall identify the | ||||||
| 8 | inhabited
residential units in the proposed redevelopment | ||||||
| 9 | project area that are to be or
may be removed. If inhabited | ||||||
| 10 | residential units are to be removed, then the
housing | ||||||
| 11 | impact study shall identify (i) the number and location of | ||||||
| 12 | those units
that will or may be removed, (ii) the | ||||||
| 13 | municipality's plans for relocation
assistance for those | ||||||
| 14 | residents in the proposed redevelopment project area
whose | ||||||
| 15 | residences are to be removed, (iii) the availability of | ||||||
| 16 | replacement
housing for those residents whose residences | ||||||
| 17 | are to be removed, and shall
identify the type, location, | ||||||
| 18 | and cost of the housing, and (iv) the type and
extent
of | ||||||
| 19 | relocation assistance to be provided.
| ||||||
| 20 | (6) On and after November 1, 1999, the
housing impact | ||||||
| 21 | study required by paragraph (5) shall be
incorporated in | ||||||
| 22 | the redevelopment plan for the
redevelopment project area.
| ||||||
| 23 | (7) On and after November 1, 1999, no
redevelopment | ||||||
| 24 | plan shall be adopted, nor an
existing plan amended, nor | ||||||
| 25 | shall residential housing that is
occupied by households of | ||||||
| 26 | low-income and very low-income
persons in currently | ||||||
| |||||||
| |||||||
| 1 | existing redevelopment project
areas be removed after | ||||||
| 2 | November 1, 1999 unless the redevelopment plan provides, | ||||||
| 3 | with
respect to inhabited housing units that are to be | ||||||
| 4 | removed for
households of low-income and very low-income | ||||||
| 5 | persons, affordable
housing and relocation assistance not | ||||||
| 6 | less than that which would
be provided under the federal | ||||||
| 7 | Uniform Relocation Assistance and
Real Property | ||||||
| 8 | Acquisition Policies Act of 1970 and the regulations
under | ||||||
| 9 | that Act, including the eligibility criteria.
Affordable | ||||||
| 10 | housing may be either existing or newly constructed
| ||||||
| 11 | housing. For purposes of this paragraph (7), "low-income
| ||||||
| 12 | households", "very low-income households", and "affordable
| ||||||
| 13 | housing" have the meanings set forth in the Illinois | ||||||
| 14 | Affordable
Housing Act.
The municipality shall make a good | ||||||
| 15 | faith effort to ensure that this affordable
housing is | ||||||
| 16 | located in or near the redevelopment project area within | ||||||
| 17 | the
municipality.
| ||||||
| 18 | (8) On and after November 1, 1999, if,
after the | ||||||
| 19 | adoption of the redevelopment plan for the
redevelopment | ||||||
| 20 | project area, any municipality desires to amend its
| ||||||
| 21 | redevelopment plan
to remove more inhabited residential | ||||||
| 22 | units than
specified in its original redevelopment plan, | ||||||
| 23 | that change shall be made in
accordance with the procedures | ||||||
| 24 | in subsection (c) of Section 11-74.4-5.
| ||||||
| 25 | (9) For redevelopment project areas designated prior | ||||||
| 26 | to November 1,
1999, the redevelopment plan may be amended | ||||||
| |||||||
| |||||||
| 1 | without further joint review board
meeting or hearing, | ||||||
| 2 | provided that the municipality shall give notice of any
| ||||||
| 3 | such changes by mail to each affected taxing district and | ||||||
| 4 | registrant on the
interested party registry, to authorize | ||||||
| 5 | the municipality to expend tax
increment revenues for | ||||||
| 6 | redevelopment project costs defined by paragraphs (5)
and | ||||||
| 7 | (7.5), subparagraphs (E) and (F) of paragraph (11), and | ||||||
| 8 | paragraph (11.5) of
subsection (q) of Section 11-74.4-3, so | ||||||
| 9 | long as the changes do not increase the
total estimated | ||||||
| 10 | redevelopment project costs set out in the redevelopment | ||||||
| 11 | plan
by more than 5% after adjustment for inflation from | ||||||
| 12 | the date the plan was
adopted.
| ||||||
| 13 | (o) "Redevelopment project" means any public and private | ||||||
| 14 | development project
in furtherance of the objectives of a | ||||||
| 15 | redevelopment plan.
On and after November 1, 1999 (the | ||||||
| 16 | effective date of Public Act 91-478), no
redevelopment plan may | ||||||
| 17 | be approved or amended that includes the development
of vacant | ||||||
| 18 | land (i) with a golf course and related clubhouse and other
| ||||||
| 19 | facilities
or (ii) designated by federal, State, county, or | ||||||
| 20 | municipal government as public
land for outdoor recreational | ||||||
| 21 | activities or for nature preserves and used for
that purpose | ||||||
| 22 | within 5
years prior to the adoption of the redevelopment plan. | ||||||
| 23 | For the purpose of
this subsection, "recreational activities" | ||||||
| 24 | is limited to mean camping and
hunting.
| ||||||
| 25 | (p) "Redevelopment project area" means an area designated | ||||||
| 26 | by
the
municipality, which is not less in the aggregate than 1 | ||||||
| |||||||
| |||||||
| 1 | 1/2 acres and in
respect to which the municipality has made a | ||||||
| 2 | finding that there exist
conditions which cause the area to be | ||||||
| 3 | classified as an industrial park
conservation area or a | ||||||
| 4 | blighted area or a conservation area, or a
combination of both | ||||||
| 5 | blighted areas and conservation areas.
| ||||||
| 6 | (p-1) Notwithstanding any provision of this Act to the | ||||||
| 7 | contrary, on and after August 25, 2009 (the effective date of | ||||||
| 8 | Public Act 96-680), a redevelopment project area may include | ||||||
| 9 | areas within a one-half mile radius of an existing or proposed | ||||||
| 10 | Regional Transportation Authority Suburban Transit Access | ||||||
| 11 | Route (STAR Line) station without a finding that the area is | ||||||
| 12 | classified as an industrial park conservation area, a blighted | ||||||
| 13 | area, a conservation area, or a combination thereof, but only | ||||||
| 14 | if the municipality receives unanimous consent from the joint | ||||||
| 15 | review board created to review the proposed redevelopment | ||||||
| 16 | project area. | ||||||
| 17 | (p-2) Notwithstanding any provision of this Act to the | ||||||
| 18 | contrary, on and after the effective date of this amendatory | ||||||
| 19 | Act of the 99th General Assembly, a redevelopment project area | ||||||
| 20 | may include areas within a transit facility improvement area | ||||||
| 21 | that has been established pursuant to Section 11-74.4-3.3 | ||||||
| 22 | without a finding that the area is classified as an industrial | ||||||
| 23 | park conservation area, a blighted area, a conservation area, | ||||||
| 24 | or any combination thereof. | ||||||
| 25 | (q) "Redevelopment project costs", except for | ||||||
| 26 | redevelopment project areas created pursuant to subsection | ||||||
| |||||||
| |||||||
| 1 | subsections (p-1) or (p-2), means and includes the sum total of | ||||||
| 2 | all
reasonable or necessary costs incurred or estimated to be | ||||||
| 3 | incurred, and
any such costs incidental to a redevelopment plan | ||||||
| 4 | and a redevelopment
project. Such costs include, without | ||||||
| 5 | limitation, the following:
| ||||||
| 6 | (1) Costs of studies, surveys, development of plans, | ||||||
| 7 | and
specifications, implementation and administration of | ||||||
| 8 | the redevelopment
plan including but not limited to staff | ||||||
| 9 | and professional service costs for
architectural, | ||||||
| 10 | engineering, legal, financial, planning or other
services, | ||||||
| 11 | provided however that no charges for professional services | ||||||
| 12 | may be
based on a percentage of the tax increment | ||||||
| 13 | collected; except that on and
after November 1, 1999 (the | ||||||
| 14 | effective date of Public Act 91-478), no
contracts for
| ||||||
| 15 | professional services, excluding architectural and | ||||||
| 16 | engineering services, may be
entered into if the terms of | ||||||
| 17 | the contract extend
beyond a period of 3 years. In | ||||||
| 18 | addition, "redevelopment project costs" shall
not include | ||||||
| 19 | lobbying expenses.
After consultation with the | ||||||
| 20 | municipality, each tax
increment consultant or advisor to a | ||||||
| 21 | municipality that plans to designate or
has designated a | ||||||
| 22 | redevelopment project area shall inform the municipality | ||||||
| 23 | in
writing of any contracts that the consultant or advisor | ||||||
| 24 | has entered into with
entities or individuals that have | ||||||
| 25 | received, or are receiving, payments financed
by tax
| ||||||
| 26 | increment revenues produced by the redevelopment project | ||||||
| |||||||
| |||||||
| 1 | area with respect to
which the consultant or advisor has | ||||||
| 2 | performed, or will be performing, service
for the
| ||||||
| 3 | municipality. This requirement shall be satisfied by the | ||||||
| 4 | consultant or advisor
before the commencement of services | ||||||
| 5 | for the municipality and thereafter
whenever any other | ||||||
| 6 | contracts with those individuals or entities are executed | ||||||
| 7 | by
the consultant or advisor;
| ||||||
| 8 | (1.5) After July 1, 1999, annual administrative costs | ||||||
| 9 | shall
not include general overhead or
administrative costs | ||||||
| 10 | of the municipality
that would still have been incurred by | ||||||
| 11 | the municipality if the municipality had
not
designated a | ||||||
| 12 | redevelopment project area or approved a redevelopment | ||||||
| 13 | plan;
| ||||||
| 14 | (1.6) The cost of
marketing sites within the | ||||||
| 15 | redevelopment project area to prospective
businesses, | ||||||
| 16 | developers, and investors;
| ||||||
| 17 | (2) Property assembly costs, including but not limited | ||||||
| 18 | to acquisition
of land and other property, real or | ||||||
| 19 | personal, or rights or interests therein,
demolition of | ||||||
| 20 | buildings, site preparation, site improvements that serve | ||||||
| 21 | as an
engineered barrier addressing ground level or below | ||||||
| 22 | ground environmental
contamination, including, but not | ||||||
| 23 | limited to parking lots and other concrete
or asphalt | ||||||
| 24 | barriers, and the clearing and grading of
land;
| ||||||
| 25 | (3) Costs of rehabilitation, reconstruction or repair | ||||||
| 26 | or remodeling of
existing public or private buildings, | ||||||
| |||||||
| |||||||
| 1 | fixtures, and leasehold
improvements; and the cost of | ||||||
| 2 | replacing
an existing public building if pursuant to the | ||||||
| 3 | implementation of a
redevelopment project the existing | ||||||
| 4 | public building is to be demolished to use
the site for | ||||||
| 5 | private investment or
devoted to a different use requiring | ||||||
| 6 | private investment; including any direct or indirect costs | ||||||
| 7 | relating to Green Globes or LEED certified construction | ||||||
| 8 | elements or construction elements with an equivalent | ||||||
| 9 | certification;
| ||||||
| 10 | (4) Costs of the construction of public works or | ||||||
| 11 | improvements, including any direct or indirect costs | ||||||
| 12 | relating to Green Globes or LEED certified construction | ||||||
| 13 | elements or construction elements with an equivalent | ||||||
| 14 | certification, except
that on and after November 1, 1999,
| ||||||
| 15 | redevelopment
project costs shall not include the cost of | ||||||
| 16 | constructing a
new municipal public building principally | ||||||
| 17 | used to provide
offices, storage space, or conference | ||||||
| 18 | facilities or vehicle storage,
maintenance, or repair for | ||||||
| 19 | administrative,
public safety, or public works personnel
| ||||||
| 20 | and that is not intended to replace an existing
public | ||||||
| 21 | building as provided under paragraph (3) of subsection (q) | ||||||
| 22 | of Section
11-74.4-3
unless either (i) the construction of | ||||||
| 23 | the new municipal building
implements a redevelopment | ||||||
| 24 | project that was included in a redevelopment plan
that was | ||||||
| 25 | adopted by the municipality prior to November 1, 1999, (ii) | ||||||
| 26 | the
municipality makes a reasonable
determination in the | ||||||
| |||||||
| |||||||
| 1 | redevelopment plan, supported by information that provides
| ||||||
| 2 | the basis for that determination, that the new municipal | ||||||
| 3 | building is required
to meet an increase in the need for | ||||||
| 4 | public safety purposes anticipated to
result from the | ||||||
| 5 | implementation of the redevelopment plan, or (iii) the new | ||||||
| 6 | municipal public building is for the storage, maintenance, | ||||||
| 7 | or repair of transit vehicles and is located in a transit | ||||||
| 8 | facility improvement area that has been established | ||||||
| 9 | pursuant to Section 11-74.4-3.3;
| ||||||
| 10 | (5) Costs of job training and retraining projects, | ||||||
| 11 | including the cost of
"welfare to work" programs | ||||||
| 12 | implemented by businesses located within the
redevelopment | ||||||
| 13 | project area;
| ||||||
| 14 | (6) Financing costs, including but not limited to all | ||||||
| 15 | necessary and
incidental expenses related to the issuance | ||||||
| 16 | of obligations and which may
include payment of interest on | ||||||
| 17 | any obligations issued hereunder including
interest | ||||||
| 18 | accruing
during the estimated period of construction of any | ||||||
| 19 | redevelopment project
for which such obligations are | ||||||
| 20 | issued and for not exceeding 36 months
thereafter and | ||||||
| 21 | including reasonable reserves related thereto;
| ||||||
| 22 | (7) To the extent the municipality by written agreement | ||||||
| 23 | accepts and
approves
the same, all or a portion of a taxing | ||||||
| 24 | district's capital costs resulting
from the redevelopment | ||||||
| 25 | project necessarily incurred or to be incurred within a
| ||||||
| 26 | taxing district in
furtherance of the objectives of the | ||||||
| |||||||
| |||||||
| 1 | redevelopment plan and project; .
| ||||||
| 2 | (7.5) For redevelopment project areas designated (or | ||||||
| 3 | redevelopment
project areas amended to add or increase the | ||||||
| 4 | number of
tax-increment-financing assisted housing units) | ||||||
| 5 | on or after November 1,
1999,
an elementary, secondary,
or | ||||||
| 6 | unit school
district's increased costs attributable to | ||||||
| 7 | assisted housing units located
within the
redevelopment | ||||||
| 8 | project area for which the developer or redeveloper | ||||||
| 9 | receives
financial assistance through an agreement with | ||||||
| 10 | the municipality or because the
municipality incurs the | ||||||
| 11 | cost of necessary infrastructure improvements within
the | ||||||
| 12 | boundaries of the assisted housing sites necessary for the | ||||||
| 13 | completion of
that housing
as authorized by this Act, and | ||||||
| 14 | which costs shall be paid by the municipality
from the | ||||||
| 15 | Special Tax Allocation Fund when the tax increment revenue | ||||||
| 16 | is received
as a result of the assisted housing units and | ||||||
| 17 | shall be calculated annually as
follows:
| ||||||
| 18 | (A) for foundation districts, excluding any school | ||||||
| 19 | district in a
municipality with a population in excess | ||||||
| 20 | of 1,000,000, by multiplying the
district's increase | ||||||
| 21 | in attendance resulting from the net increase in new
| ||||||
| 22 | students enrolled in that school district who reside in | ||||||
| 23 | housing units within
the redevelopment project area | ||||||
| 24 | that have received financial assistance through
an | ||||||
| 25 | agreement with the municipality or because the | ||||||
| 26 | municipality incurs the cost
of necessary | ||||||
| |||||||
| |||||||
| 1 | infrastructure improvements within the boundaries of | ||||||
| 2 | the housing
sites necessary for the completion of that | ||||||
| 3 | housing as authorized by this Act
since the designation | ||||||
| 4 | of the redevelopment project area by the most recently
| ||||||
| 5 | available per capita tuition cost as defined in Section | ||||||
| 6 | 10-20.12a of the School
Code less any increase in | ||||||
| 7 | general State aid as defined in Section 18-8.05 of
the | ||||||
| 8 | School Code attributable to these added new students | ||||||
| 9 | subject to the
following annual limitations:
| ||||||
| 10 | (i) for unit school districts with a district | ||||||
| 11 | average 1995-96 Per
Capita
Tuition Charge of less | ||||||
| 12 | than $5,900, no more than 25% of the total amount | ||||||
| 13 | of
property tax increment revenue produced by | ||||||
| 14 | those housing units that have
received tax | ||||||
| 15 | increment finance assistance under this Act;
| ||||||
| 16 | (ii) for elementary school districts with a | ||||||
| 17 | district average 1995-96
Per
Capita Tuition Charge | ||||||
| 18 | of less than $5,900, no more than 17% of the total | ||||||
| 19 | amount
of property tax increment revenue produced | ||||||
| 20 | by those housing units that have
received tax | ||||||
| 21 | increment finance assistance under this Act; and
| ||||||
| 22 | (iii) for secondary school districts with a | ||||||
| 23 | district average 1995-96
Per
Capita Tuition Charge | ||||||
| 24 | of less than $5,900, no more than 8% of the total | ||||||
| 25 | amount
of property tax increment revenue produced | ||||||
| 26 | by those housing units that have
received tax | ||||||
| |||||||
| |||||||
| 1 | increment finance assistance under this Act.
| ||||||
| 2 | (B) For alternate method districts, flat grant | ||||||
| 3 | districts, and foundation
districts with a district | ||||||
| 4 | average 1995-96 Per Capita Tuition Charge equal to or
| ||||||
| 5 | more than $5,900, excluding any school district with a | ||||||
| 6 | population in excess of
1,000,000, by multiplying the | ||||||
| 7 | district's increase in attendance
resulting
from the | ||||||
| 8 | net increase in new students enrolled in that school | ||||||
| 9 | district who
reside in
housing units within the | ||||||
| 10 | redevelopment project area that have received
| ||||||
| 11 | financial assistance through an agreement with the | ||||||
| 12 | municipality or because the
municipality incurs the | ||||||
| 13 | cost of necessary infrastructure improvements within
| ||||||
| 14 | the boundaries of the housing sites necessary for the | ||||||
| 15 | completion of that
housing as authorized by this Act | ||||||
| 16 | since the designation of the redevelopment
project | ||||||
| 17 | area by the most recently available per capita tuition | ||||||
| 18 | cost as defined
in Section 10-20.12a of the School Code | ||||||
| 19 | less any increase in general state aid
as defined in | ||||||
| 20 | Section 18-8.05 of the School Code attributable to | ||||||
| 21 | these added
new students subject to the following | ||||||
| 22 | annual limitations:
| ||||||
| 23 | (i) for unit school districts, no more than 40% | ||||||
| 24 | of the total amount of
property tax increment | ||||||
| 25 | revenue produced by those housing units that have
| ||||||
| 26 | received tax increment finance assistance under | ||||||
| |||||||
| |||||||
| 1 | this Act;
| ||||||
| 2 | (ii) for elementary school districts, no more | ||||||
| 3 | than 27% of the total
amount
of property tax | ||||||
| 4 | increment revenue produced by those housing units | ||||||
| 5 | that have
received tax increment finance | ||||||
| 6 | assistance under this Act; and
| ||||||
| 7 | (iii) for secondary school districts, no more | ||||||
| 8 | than 13% of the total
amount
of property tax | ||||||
| 9 | increment revenue produced by those housing units | ||||||
| 10 | that have
received tax increment finance | ||||||
| 11 | assistance under this Act.
| ||||||
| 12 | (C) For any school district in a municipality with | ||||||
| 13 | a population in
excess of
1,000,000, the following | ||||||
| 14 | restrictions shall apply to the
reimbursement of | ||||||
| 15 | increased costs under this paragraph (7.5):
| ||||||
| 16 | (i) no increased costs shall be reimbursed | ||||||
| 17 | unless the school district
certifies that each of | ||||||
| 18 | the schools affected by the assisted housing | ||||||
| 19 | project
is at or over its student capacity;
| ||||||
| 20 | (ii) the amount reimbursable shall be reduced | ||||||
| 21 | by the value of any
land
donated to the school | ||||||
| 22 | district by the municipality or developer, and by | ||||||
| 23 | the
value of any physical improvements made to the | ||||||
| 24 | schools by the
municipality or developer; and
| ||||||
| 25 | (iii) the amount reimbursed may not affect | ||||||
| 26 | amounts otherwise obligated
by
the terms of any | ||||||
| |||||||
| |||||||
| 1 | bonds, notes, or other funding instruments, or the | ||||||
| 2 | terms of
any redevelopment agreement.
| ||||||
| 3 | Any school district seeking payment under this | ||||||
| 4 | paragraph (7.5) shall,
after July 1 and before | ||||||
| 5 | September 30 of each year,
provide the municipality | ||||||
| 6 | with reasonable evidence to support its claim for
| ||||||
| 7 | reimbursement before the municipality shall be | ||||||
| 8 | required to approve or make
the payment to the school | ||||||
| 9 | district. If the school district fails to provide
the | ||||||
| 10 | information during this period in any year, it shall | ||||||
| 11 | forfeit any claim to
reimbursement for that year. | ||||||
| 12 | School districts may adopt a resolution
waiving the | ||||||
| 13 | right to all or a portion of the reimbursement | ||||||
| 14 | otherwise required
by this paragraph
(7.5). By | ||||||
| 15 | acceptance of this reimbursement the school
district | ||||||
| 16 | waives the right to directly or indirectly set aside, | ||||||
| 17 | modify, or
contest in any manner the establishment of | ||||||
| 18 | the redevelopment project area or
projects;
| ||||||
| 19 | (7.7) For redevelopment project areas designated (or | ||||||
| 20 | redevelopment
project areas amended to add or increase the | ||||||
| 21 | number of
tax-increment-financing assisted housing units) | ||||||
| 22 | on or after
January 1, 2005 (the effective date of Public | ||||||
| 23 | Act 93-961),
a public library
district's increased costs | ||||||
| 24 | attributable to assisted housing units located
within the
| ||||||
| 25 | redevelopment project area for which the developer or | ||||||
| 26 | redeveloper receives
financial assistance through an | ||||||
| |||||||
| |||||||
| 1 | agreement with the municipality or because the
| ||||||
| 2 | municipality incurs the cost of necessary infrastructure | ||||||
| 3 | improvements within
the boundaries of the assisted housing | ||||||
| 4 | sites necessary for the completion of
that housing
as | ||||||
| 5 | authorized by this Act shall be paid to the library | ||||||
| 6 | district by the
municipality
from the Special Tax | ||||||
| 7 | Allocation Fund when the tax increment revenue is received
| ||||||
| 8 | as a result of the assisted housing units. This paragraph | ||||||
| 9 | (7.7) applies only if (i) the library district is located | ||||||
| 10 | in a county that is subject to the Property Tax Extension | ||||||
| 11 | Limitation Law or (ii) the library district is not located | ||||||
| 12 | in a county that is subject to the Property Tax Extension | ||||||
| 13 | Limitation Law but the district is prohibited by any other | ||||||
| 14 | law from increasing its tax levy rate without a prior voter | ||||||
| 15 | referendum.
| ||||||
| 16 | The amount paid to a library district under this | ||||||
| 17 | paragraph (7.7) shall be
calculated
by multiplying (i) the | ||||||
| 18 | net increase in the number of persons eligible to obtain
a
| ||||||
| 19 | library card
in that district who reside in housing units | ||||||
| 20 | within
the redevelopment project area that have received | ||||||
| 21 | financial assistance through
an agreement with the | ||||||
| 22 | municipality or because the municipality incurs the cost
of | ||||||
| 23 | necessary infrastructure improvements within the | ||||||
| 24 | boundaries of the housing
sites necessary for the | ||||||
| 25 | completion of that housing as authorized by this Act
since | ||||||
| 26 | the designation of the redevelopment project area by (ii)
| ||||||
| |||||||
| |||||||
| 1 | the per-patron cost of providing library services so long | ||||||
| 2 | as it does not exceed $120.
The per-patron cost shall be | ||||||
| 3 | the Total Operating Expenditures Per Capita for the library | ||||||
| 4 | in the previous fiscal year.
The municipality may deduct | ||||||
| 5 | from the amount that it must pay to a library district | ||||||
| 6 | under this paragraph any amount that it has voluntarily | ||||||
| 7 | paid to the library district from the tax increment | ||||||
| 8 | revenue. The amount paid to a library district under this | ||||||
| 9 | paragraph (7.7) shall be no
more
than 2% of the amount | ||||||
| 10 | produced by the assisted housing units and deposited into | ||||||
| 11 | the Special Tax Allocation Fund.
| ||||||
| 12 | A library district is not eligible for any payment | ||||||
| 13 | under this paragraph
(7.7)
unless the library district has | ||||||
| 14 | experienced an increase in the
number of patrons from the | ||||||
| 15 | municipality that created the tax-increment-financing | ||||||
| 16 | district since the designation of the redevelopment | ||||||
| 17 | project area.
| ||||||
| 18 | Any library district seeking payment under this | ||||||
| 19 | paragraph (7.7) shall,
after July 1 and before September 30 | ||||||
| 20 | of each year,
provide the municipality with convincing | ||||||
| 21 | evidence to support its claim for
reimbursement before the | ||||||
| 22 | municipality shall be required to approve or make
the | ||||||
| 23 | payment to the library district. If the library district | ||||||
| 24 | fails to provide
the information during this period in any | ||||||
| 25 | year, it shall forfeit any claim to
reimbursement for that | ||||||
| 26 | year. Library districts may adopt a resolution
waiving the | ||||||
| |||||||
| |||||||
| 1 | right to all or a portion of the reimbursement otherwise | ||||||
| 2 | required by this paragraph (7.7). By acceptance of such | ||||||
| 3 | reimbursement, the library district shall forfeit any | ||||||
| 4 | right to directly or indirectly set aside, modify, or | ||||||
| 5 | contest in any manner whatsoever the establishment of the | ||||||
| 6 | redevelopment project area or
projects; | ||||||
| 7 | (8) Relocation costs to the extent that a municipality | ||||||
| 8 | determines that
relocation costs shall be paid or is | ||||||
| 9 | required to make payment of relocation
costs by federal or | ||||||
| 10 | State law or in order to satisfy subparagraph (7) of
| ||||||
| 11 | subsection (n);
| ||||||
| 12 | (9) Payment in lieu of taxes;
| ||||||
| 13 | (10) Costs of job training, retraining, advanced | ||||||
| 14 | vocational education
or career
education, including but | ||||||
| 15 | not limited to courses in occupational,
semi-technical or | ||||||
| 16 | technical fields leading directly to employment, incurred
| ||||||
| 17 | by one or more taxing districts, provided that such costs | ||||||
| 18 | (i) are related
to the establishment and maintenance of | ||||||
| 19 | additional job training, advanced
vocational education or | ||||||
| 20 | career education programs for persons employed or
to be | ||||||
| 21 | employed by employers located in a redevelopment project | ||||||
| 22 | area; and
(ii) when incurred by a taxing district or taxing | ||||||
| 23 | districts other than the
municipality, are set forth in a | ||||||
| 24 | written agreement by or among the
municipality and the | ||||||
| 25 | taxing district or taxing districts, which agreement
| ||||||
| 26 | describes the program to be undertaken, including but not | ||||||
| |||||||
| |||||||
| 1 | limited to the
number of employees to be trained, a | ||||||
| 2 | description of the training and
services to be provided, | ||||||
| 3 | the number and type of positions available or to
be | ||||||
| 4 | available, itemized costs of the program and sources of | ||||||
| 5 | funds to pay for the
same, and the term of the agreement. | ||||||
| 6 | Such costs include, specifically, the
payment by community | ||||||
| 7 | college districts of costs pursuant to Sections 3-37,
3-38, | ||||||
| 8 | 3-40 and 3-40.1 of the Public Community College Act and by | ||||||
| 9 | school
districts of costs pursuant to Sections 10-22.20a | ||||||
| 10 | and 10-23.3a of the The School
Code;
| ||||||
| 11 | (11) Interest cost incurred by a redeveloper related to | ||||||
| 12 | the
construction, renovation or rehabilitation of a | ||||||
| 13 | redevelopment project
provided that:
| ||||||
| 14 | (A) such costs are to be paid directly from the | ||||||
| 15 | special tax
allocation fund established pursuant to | ||||||
| 16 | this Act;
| ||||||
| 17 | (B) such payments in any one year may not exceed | ||||||
| 18 | 30% of the annual
interest costs incurred by the | ||||||
| 19 | redeveloper with regard to the redevelopment
project | ||||||
| 20 | during that year;
| ||||||
| 21 | (C) if there are not sufficient funds available in | ||||||
| 22 | the special tax
allocation fund to make the payment | ||||||
| 23 | pursuant to this paragraph (11) then
the amounts so due | ||||||
| 24 | shall accrue and be payable when sufficient funds are
| ||||||
| 25 | available in the special tax allocation fund;
| ||||||
| 26 | (D) the total of such interest payments paid | ||||||
| |||||||
| |||||||
| 1 | pursuant to this Act
may not exceed 30% of the total | ||||||
| 2 | (i) cost paid or incurred by the
redeveloper for the | ||||||
| 3 | redevelopment project plus (ii) redevelopment project
| ||||||
| 4 | costs excluding any property assembly costs and any | ||||||
| 5 | relocation costs
incurred by a municipality pursuant | ||||||
| 6 | to this Act; and
| ||||||
| 7 | (E) the cost limits set forth in subparagraphs (B) | ||||||
| 8 | and (D) of
paragraph (11) shall be modified for the | ||||||
| 9 | financing of rehabilitated or
new housing units for | ||||||
| 10 | low-income households and very low-income households, | ||||||
| 11 | as
defined in
Section 3 of the Illinois Affordable | ||||||
| 12 | Housing Act. The percentage of
75% shall be substituted | ||||||
| 13 | for 30% in subparagraphs (B) and (D) of
paragraph (11); | ||||||
| 14 | and .
| ||||||
| 15 | (F) instead Instead of the eligible costs provided | ||||||
| 16 | by subparagraphs (B) and (D)
of
paragraph (11), as | ||||||
| 17 | modified by this subparagraph, and notwithstanding
any | ||||||
| 18 | other provisions of this Act to the contrary, the | ||||||
| 19 | municipality may
pay from tax increment revenues up to | ||||||
| 20 | 50% of the cost of construction
of new housing units to | ||||||
| 21 | be occupied by low-income households and very
| ||||||
| 22 | low-income
households as defined in Section 3 of the | ||||||
| 23 | Illinois Affordable Housing
Act. The cost of | ||||||
| 24 | construction of those units may be derived from the
| ||||||
| 25 | proceeds of bonds issued by the municipality under this | ||||||
| 26 | Act or
other constitutional or statutory authority or | ||||||
| |||||||
| |||||||
| 1 | from other sources of
municipal revenue that may be | ||||||
| 2 | reimbursed from tax increment
revenues or the proceeds | ||||||
| 3 | of bonds issued to finance the construction
of that | ||||||
| 4 | housing.
| ||||||
| 5 | The eligible costs provided under this | ||||||
| 6 | subparagraph (F) of paragraph (11)
shall
be
an eligible | ||||||
| 7 | cost for the construction, renovation, and | ||||||
| 8 | rehabilitation of all
low and very low-income housing | ||||||
| 9 | units, as defined in Section 3 of the Illinois
| ||||||
| 10 | Affordable Housing Act, within the redevelopment | ||||||
| 11 | project area. If the low and
very
low-income units are | ||||||
| 12 | part of a residential redevelopment project that | ||||||
| 13 | includes
units not affordable to low and very | ||||||
| 14 | low-income households, only the low and
very | ||||||
| 15 | low-income units shall be eligible for benefits under | ||||||
| 16 | this subparagraph (F) of
paragraph (11).
The standards | ||||||
| 17 | for maintaining the occupancy
by low-income households | ||||||
| 18 | and very low-income households,
as
defined in Section 3 | ||||||
| 19 | of the Illinois Affordable Housing Act,
of those units | ||||||
| 20 | constructed with eligible costs made available under | ||||||
| 21 | the
provisions of
this subparagraph (F) of paragraph | ||||||
| 22 | (11)
shall be
established by guidelines adopted by the | ||||||
| 23 | municipality. The
responsibility for annually | ||||||
| 24 | documenting the initial occupancy of
the units by | ||||||
| 25 | low-income households and very low-income households, | ||||||
| 26 | as defined
in
Section 3
of the Illinois Affordable | ||||||
| |||||||
| |||||||
| 1 | Housing Act, shall be that of the then current
owner of | ||||||
| 2 | the property.
For ownership units, the guidelines will | ||||||
| 3 | provide, at a minimum, for a
reasonable recapture of | ||||||
| 4 | funds, or other appropriate methods designed to
| ||||||
| 5 | preserve the original affordability of the ownership | ||||||
| 6 | units. For rental units,
the guidelines will provide, | ||||||
| 7 | at a minimum, for the affordability of rent to low
and | ||||||
| 8 | very low-income households. As units become available, | ||||||
| 9 | they shall be
rented to income-eligible tenants.
The | ||||||
| 10 | municipality may modify these
guidelines from time to | ||||||
| 11 | time; the guidelines, however, shall be in effect
for | ||||||
| 12 | as long as tax increment revenue is being used to pay | ||||||
| 13 | for costs
associated with the units or for the | ||||||
| 14 | retirement of bonds issued to finance
the units or for | ||||||
| 15 | the life of the redevelopment project area, whichever | ||||||
| 16 | is
later; .
| ||||||
| 17 | (11.5) If the redevelopment project area is located | ||||||
| 18 | within a municipality
with a population of more than | ||||||
| 19 | 100,000, the cost of day care services for
children of | ||||||
| 20 | employees from
low-income
families working for businesses | ||||||
| 21 | located within the redevelopment project area
and all or a
| ||||||
| 22 | portion of the cost of operation of day care centers | ||||||
| 23 | established by
redevelopment project
area businesses to | ||||||
| 24 | serve employees from low-income families working in
| ||||||
| 25 | businesses
located in the redevelopment project area. For | ||||||
| 26 | the purposes of this paragraph,
"low-income families" | ||||||
| |||||||
| |||||||
| 1 | means families whose annual income does not exceed 80% of
| ||||||
| 2 | the
municipal, county, or regional median income, adjusted | ||||||
| 3 | for family size, as the
annual
income and municipal, | ||||||
| 4 | county, or regional median income are determined from
time | ||||||
| 5 | to
time by the United States Department of Housing and | ||||||
| 6 | Urban Development.
| ||||||
| 7 | (12) Unless explicitly stated herein the cost of | ||||||
| 8 | construction of new
privately-owned buildings shall not be an | ||||||
| 9 | eligible redevelopment project cost.
| ||||||
| 10 | (13) After November 1, 1999 (the effective date of Public | ||||||
| 11 | Act
91-478), none of
the
redevelopment project costs enumerated | ||||||
| 12 | in this subsection shall be eligible
redevelopment project | ||||||
| 13 | costs if those costs would provide direct financial
support to | ||||||
| 14 | a
retail entity initiating operations in the
redevelopment | ||||||
| 15 | project area while
terminating operations at another Illinois | ||||||
| 16 | location within 10 miles of the
redevelopment project area but | ||||||
| 17 | outside the boundaries of the redevelopment
project area | ||||||
| 18 | municipality. For
purposes of this paragraph, termination | ||||||
| 19 | means a
closing of a retail operation that is directly related | ||||||
| 20 | to the opening of the
same operation or like retail entity | ||||||
| 21 | owned or operated by more than 50% of the
original ownership in | ||||||
| 22 | a redevelopment project area, but
it does not mean
closing an | ||||||
| 23 | operation for reasons beyond the control of the
retail entity, | ||||||
| 24 | as
documented by the retail entity, subject to a reasonable | ||||||
| 25 | finding by the
municipality that the current location contained | ||||||
| 26 | inadequate space, had become
economically obsolete, or was no | ||||||
| |||||||
| |||||||
| 1 | longer a viable location for the retailer or
serviceman.
| ||||||
| 2 | (14) No cost shall be a redevelopment project cost in a | ||||||
| 3 | redevelopment project area if used to demolish, remove, or | ||||||
| 4 | substantially modify a historic resource, after August 26, 2008 | ||||||
| 5 | (the effective date of Public Act 95-934), unless no prudent | ||||||
| 6 | and feasible alternative exists. "Historic resource" for the | ||||||
| 7 | purpose of this paragraph item (14) means (i) a place or | ||||||
| 8 | structure that is included or eligible for inclusion on the | ||||||
| 9 | National Register of Historic Places or (ii) a contributing | ||||||
| 10 | structure in a district on the National Register of Historic | ||||||
| 11 | Places. This paragraph item (14) does not apply to a place or | ||||||
| 12 | structure for which demolition, removal, or modification is | ||||||
| 13 | subject to review by the preservation agency of a Certified | ||||||
| 14 | Local Government designated as such by the National Park | ||||||
| 15 | Service of the United States Department of the Interior. | ||||||
| 16 | If a special service area has been established pursuant to
| ||||||
| 17 | the Special Service Area Tax Act or Special Service Area Tax | ||||||
| 18 | Law, then any
tax increment revenues derived
from the tax | ||||||
| 19 | imposed pursuant to the Special Service Area Tax Act or Special
| ||||||
| 20 | Service Area Tax Law may
be used within the redevelopment | ||||||
| 21 | project area for the purposes permitted by
that Act or Law as | ||||||
| 22 | well as the purposes permitted by this Act.
| ||||||
| 23 | (q-1) For redevelopment project areas created pursuant to | ||||||
| 24 | subsection (p-1), redevelopment project costs are limited to | ||||||
| 25 | those costs in paragraph (q) that are related to the existing | ||||||
| 26 | or proposed Regional Transportation Authority Suburban Transit | ||||||
| |||||||
| |||||||
| 1 | Access Route (STAR Line) station. | ||||||
| 2 | (q-2) For a redevelopment project area located within a | ||||||
| 3 | transit facility improvement area established pursuant to | ||||||
| 4 | Section 11-74.4-3.3, redevelopment project costs means those | ||||||
| 5 | costs described in subsection (q) that are related to the | ||||||
| 6 | construction, reconstruction, rehabilitation, remodeling, or | ||||||
| 7 | repair of any existing or proposed transit facility. | ||||||
| 8 | (r) "State Sales Tax Boundary" means the redevelopment | ||||||
| 9 | project area or
the amended redevelopment project area | ||||||
| 10 | boundaries which are determined
pursuant to subsection (9) of | ||||||
| 11 | Section 11-74.4-8a of this
Act. The Department of Revenue shall | ||||||
| 12 | certify pursuant to subsection (9) of
Section 11-74.4-8a the | ||||||
| 13 | appropriate boundaries eligible for the
determination of State | ||||||
| 14 | Sales Tax Increment.
| ||||||
| 15 | (s) "State Sales Tax Increment" means an amount equal to | ||||||
| 16 | the increase
in the aggregate amount of taxes paid by retailers | ||||||
| 17 | and servicemen, other
than retailers and servicemen subject to | ||||||
| 18 | the Public Utilities Act,
on transactions at places of business | ||||||
| 19 | located within a State Sales Tax
Boundary pursuant to the | ||||||
| 20 | Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use | ||||||
| 21 | Tax Act, and the Service Occupation Tax Act, except such
| ||||||
| 22 | portion of such increase that is paid into the State and Local | ||||||
| 23 | Sales Tax
Reform Fund, the Local Government Distributive Fund, | ||||||
| 24 | the Local
Government Tax Fund and the County and Mass Transit | ||||||
| 25 | District Fund, for as
long as State participation exists, over | ||||||
| 26 | and above the Initial Sales Tax
Amounts, Adjusted Initial Sales | ||||||
| |||||||
| |||||||
| 1 | Tax Amounts or the Revised Initial Sales
Tax Amounts for such | ||||||
| 2 | taxes as certified by the Department of Revenue and
paid under | ||||||
| 3 | those Acts by retailers and servicemen on transactions at | ||||||
| 4 | places
of business located within the State Sales Tax Boundary | ||||||
| 5 | during the base
year which shall be the calendar year | ||||||
| 6 | immediately prior to the year in
which the municipality adopted | ||||||
| 7 | tax increment allocation financing, less
3.0% of such amounts | ||||||
| 8 | generated under the Retailers' Occupation Tax Act, Use
Tax Act | ||||||
| 9 | and Service Use Tax Act and the Service Occupation Tax Act, | ||||||
| 10 | which
sum shall be appropriated to the Department of Revenue to | ||||||
| 11 | cover its costs
of administering and enforcing this Section. | ||||||
| 12 | For purposes of computing the
aggregate amount of such taxes | ||||||
| 13 | for base years occurring prior to 1985, the
Department of | ||||||
| 14 | Revenue shall compute the Initial Sales Tax Amount for such
| ||||||
| 15 | taxes and deduct therefrom an amount equal to 4% of the | ||||||
| 16 | aggregate amount of
taxes per year for each year the base year | ||||||
| 17 | is prior to 1985, but not to
exceed a total deduction of 12%. | ||||||
| 18 | The amount so determined shall be known
as the "Adjusted | ||||||
| 19 | Initial Sales Tax Amount". For purposes of determining the
| ||||||
| 20 | State Sales Tax Increment the Department of Revenue shall for | ||||||
| 21 | each period
subtract from the tax amounts received from | ||||||
| 22 | retailers and servicemen on
transactions located in the State | ||||||
| 23 | Sales Tax Boundary, the certified Initial
Sales Tax Amounts, | ||||||
| 24 | Adjusted Initial Sales Tax Amounts or Revised Initial
Sales Tax | ||||||
| 25 | Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
| ||||||
| 26 | the Service Use Tax Act and the Service Occupation Tax Act. For | ||||||
| |||||||
| |||||||
| 1 | the State
Fiscal Year 1989 this calculation shall be made by | ||||||
| 2 | utilizing the calendar
year 1987 to determine the tax amounts | ||||||
| 3 | received. For the State Fiscal Year
1990, this calculation | ||||||
| 4 | shall be made by utilizing the period from January
1, 1988, | ||||||
| 5 | until September 30, 1988, to determine the tax amounts received
| ||||||
| 6 | from retailers and servicemen, which shall have deducted | ||||||
| 7 | therefrom
nine-twelfths of the certified Initial Sales Tax | ||||||
| 8 | Amounts, Adjusted Initial
Sales Tax Amounts or the Revised | ||||||
| 9 | Initial Sales Tax Amounts as appropriate.
For the State Fiscal | ||||||
| 10 | Year 1991, this calculation shall be made by utilizing
the | ||||||
| 11 | period from October 1, 1988, until June 30, 1989, to determine | ||||||
| 12 | the tax
amounts received from retailers and servicemen, which | ||||||
| 13 | shall have
deducted therefrom nine-twelfths of the certified | ||||||
| 14 | Initial State Sales Tax
Amounts, Adjusted Initial Sales Tax | ||||||
| 15 | Amounts or the Revised Initial Sales
Tax Amounts as | ||||||
| 16 | appropriate. For every State Fiscal Year thereafter, the
| ||||||
| 17 | applicable period shall be the 12 months beginning July 1 and | ||||||
| 18 | ending on
June 30, to determine the tax amounts received which | ||||||
| 19 | shall have deducted
therefrom the certified Initial Sales Tax | ||||||
| 20 | Amounts, Adjusted Initial Sales
Tax Amounts or the Revised | ||||||
| 21 | Initial Sales Tax Amounts. Municipalities
intending to receive | ||||||
| 22 | a distribution of State Sales Tax Increment must
report a list | ||||||
| 23 | of retailers to the Department of Revenue by October 31, 1988
| ||||||
| 24 | and by July 31, of each year thereafter.
| ||||||
| 25 | (t) "Taxing districts" means counties, townships, cities | ||||||
| 26 | and incorporated
towns and villages, school, road, park, | ||||||
| |||||||
| |||||||
| 1 | sanitary, mosquito abatement, forest
preserve, public health, | ||||||
| 2 | fire protection, river conservancy, tuberculosis
sanitarium | ||||||
| 3 | and any other municipal corporations or districts with the | ||||||
| 4 | power
to levy taxes.
| ||||||
| 5 | (u) "Taxing districts' capital costs" means those costs of | ||||||
| 6 | taxing districts
for capital improvements that are found by the | ||||||
| 7 | municipal corporate authorities
to be necessary and directly | ||||||
| 8 | result from the redevelopment project.
| ||||||
| 9 | (v) As used in subsection (a) of Section 11-74.4-3 of this
| ||||||
| 10 | Act, "vacant
land" means any parcel or combination of parcels | ||||||
| 11 | of real property without
industrial, commercial, and | ||||||
| 12 | residential buildings which has not been used
for commercial | ||||||
| 13 | agricultural purposes within 5 years prior to the
designation | ||||||
| 14 | of the redevelopment project area, unless the parcel
is | ||||||
| 15 | included in an industrial park conservation area or the parcel | ||||||
| 16 | has
been subdivided; provided that if the parcel was part of a | ||||||
| 17 | larger tract that
has been divided into 3 or more smaller | ||||||
| 18 | tracts that were accepted for
recording during the period from | ||||||
| 19 | 1950 to 1990, then the parcel shall be deemed
to have been | ||||||
| 20 | subdivided, and all proceedings and actions of the municipality
| ||||||
| 21 | taken in that connection with respect to any previously | ||||||
| 22 | approved or designated
redevelopment project area or amended | ||||||
| 23 | redevelopment project area are hereby
validated and hereby | ||||||
| 24 | declared to be legally sufficient for all purposes of this
Act.
| ||||||
| 25 | For purposes of this Section and only for land subject to
the | ||||||
| 26 | subdivision requirements of the Plat Act, land is subdivided | ||||||
| |||||||
| |||||||
| 1 | when the
original plat of
the proposed Redevelopment Project | ||||||
| 2 | Area or relevant portion thereof has
been
properly certified, | ||||||
| 3 | acknowledged, approved, and recorded or filed in accordance
| ||||||
| 4 | with the Plat Act and a preliminary plat, if any, for any | ||||||
| 5 | subsequent phases of
the
proposed Redevelopment Project Area or | ||||||
| 6 | relevant portion thereof has been
properly approved and filed | ||||||
| 7 | in accordance with the applicable ordinance of the
| ||||||
| 8 | municipality.
| ||||||
| 9 | (w) "Annual Total Increment" means the sum of each | ||||||
| 10 | municipality's
annual Net Sales Tax Increment and each | ||||||
| 11 | municipality's annual Net Utility
Tax Increment. The ratio of | ||||||
| 12 | the Annual Total Increment of each
municipality to the Annual | ||||||
| 13 | Total Increment for all municipalities, as most
recently | ||||||
| 14 | calculated by the Department, shall determine the proportional
| ||||||
| 15 | shares of the Illinois Tax Increment Fund to be distributed to | ||||||
| 16 | each
municipality.
| ||||||
| 17 | (x) "LEED certified" means any certification level of | ||||||
| 18 | construction elements by a qualified Leadership in Energy and | ||||||
| 19 | Environmental Design Accredited Professional as determined by | ||||||
| 20 | the U.S. Green Building Council. | ||||||
| 21 | (y) "Green Globes certified" means any certification level | ||||||
| 22 | of construction elements by a qualified Green Globes | ||||||
| 23 | Professional as determined by the Green Building Initiative. | ||||||
| 24 | (Source: P.A. 99-792, eff. 8-12-16; revised 10-31-16.)
| ||||||
| 25 | (65 ILCS 5/11-74.4-3.5)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 11-74.4-3.5. Completion dates for redevelopment | ||||||
| 2 | projects. | ||||||
| 3 | (a) Unless otherwise stated in this Section, the estimated | ||||||
| 4 | dates of completion
of the redevelopment project and retirement | ||||||
| 5 | of obligations issued to finance
redevelopment project costs | ||||||
| 6 | (including refunding bonds under Section 11-74.4-7) may not be
| ||||||
| 7 | later than December 31 of the year in which the payment to the | ||||||
| 8 | municipal
treasurer, as provided in subsection (b) of Section | ||||||
| 9 | 11-74.4-8 of this Act, is to
be made with respect to ad valorem | ||||||
| 10 | taxes levied in the 23rd
calendar year after the year in which | ||||||
| 11 | the ordinance approving the
redevelopment project area was | ||||||
| 12 | adopted if the ordinance was adopted on or after
January 15, | ||||||
| 13 | 1981. | ||||||
| 14 | (a-5) If the redevelopment project area is located within a | ||||||
| 15 | transit facility improvement area established pursuant to | ||||||
| 16 | Section 11-74.4-3, the estimated dates of completion of the | ||||||
| 17 | redevelopment project and retirement of obligations issued to | ||||||
| 18 | finance redevelopment project costs (including refunding bonds | ||||||
| 19 | under Section 11-74.4-7) may not be later than December 31 of | ||||||
| 20 | the year in which the payment to the municipal treasurer, as | ||||||
| 21 | provided in subsection (b) of Section 11-74.4-8 of this Act | ||||||
| 22 | amendatory Act of the 99th General Assembly, is to be made with | ||||||
| 23 | respect to ad valorem taxes levied in the 35th calendar year | ||||||
| 24 | after the year in which the ordinance approving the | ||||||
| 25 | redevelopment project area was adopted. | ||||||
| 26 | (a-7) A municipality may adopt tax increment financing for | ||||||
| |||||||
| |||||||
| 1 | a redevelopment project area located in a transit facility | ||||||
| 2 | improvement area that also includes real property located | ||||||
| 3 | within an existing redevelopment project area established | ||||||
| 4 | prior to August 12, 2016 (the effective date of Public Act | ||||||
| 5 | 99-792) this amendatory Act of 99th General Assembly. In such | ||||||
| 6 | case: (i) the provisions of this Division shall apply with | ||||||
| 7 | respect to the previously established redevelopment project | ||||||
| 8 | area until the municipality adopts, as required in accordance | ||||||
| 9 | with applicable provisions of this Division, an ordinance | ||||||
| 10 | dissolving the special tax allocation fund for such | ||||||
| 11 | redevelopment project area and terminating the designation of | ||||||
| 12 | such redevelopment project area as a redevelopment project | ||||||
| 13 | area; and (ii) after the effective date of the ordinance | ||||||
| 14 | described in (i), the provisions of this Division shall apply | ||||||
| 15 | with respect to the subsequently established redevelopment | ||||||
| 16 | project area located in a transit facility improvement area. | ||||||
| 17 | (b) The estimated dates of completion of the redevelopment | ||||||
| 18 | project and retirement of obligations issued to finance | ||||||
| 19 | redevelopment project costs (including refunding bonds under | ||||||
| 20 | Section 11-74.4-7) may not be later than December 31 of the | ||||||
| 21 | year in which the payment to the municipal treasurer as | ||||||
| 22 | provided in subsection (b) of Section 11-74.4-8 of this Act is | ||||||
| 23 | to be made with respect to ad valorem taxes levied in the 32nd | ||||||
| 24 | calendar year after the year in which the ordinance approving | ||||||
| 25 | the redevelopment project area was adopted if the ordinance was | ||||||
| 26 | adopted on September 9, 1999 by the Village of Downs. | ||||||
| |||||||
| |||||||
| 1 | The estimated dates of completion
of the redevelopment | ||||||
| 2 | project and retirement of obligations issued to finance
| ||||||
| 3 | redevelopment project costs (including refunding bonds under | ||||||
| 4 | Section 11-74.4-7) may not be later than December 31 of the | ||||||
| 5 | year in which the payment to the municipal
treasurer as | ||||||
| 6 | provided in subsection (b) of Section 11-74.4-8 of this Act is | ||||||
| 7 | to
be made with respect to ad valorem taxes levied in the 33rd | ||||||
| 8 | calendar
year after the year in which the ordinance approving | ||||||
| 9 | the
redevelopment project area was adopted if the ordinance was | ||||||
| 10 | adopted on May 20, 1985 by the Village of Wheeling. | ||||||
| 11 | The estimated dates of completion of the redevelopment | ||||||
| 12 | project and retirement of obligations issued to finance | ||||||
| 13 | redevelopment project costs (including refunding bonds under | ||||||
| 14 | Section 11-74.4-7) may not be later than December 31 of the | ||||||
| 15 | year in which the payment to the municipal treasurer as | ||||||
| 16 | provided in subsection (b) of Section 11-74.4-8 of this Act is | ||||||
| 17 | to be made with respect to ad valorem taxes levied in the 28th | ||||||
| 18 | calendar year after the year in which the ordinance approving | ||||||
| 19 | the redevelopment project area was adopted if the ordinance was | ||||||
| 20 | adopted on October 12, 1989 by the City of Lawrenceville. | ||||||
| 21 | (c) The estimated dates of completion
of the redevelopment | ||||||
| 22 | project and retirement of obligations issued to finance
| ||||||
| 23 | redevelopment project costs (including refunding bonds under | ||||||
| 24 | Section 11-74.4-7) may not be later than December 31 of the | ||||||
| 25 | year in which the payment to the municipal
treasurer as | ||||||
| 26 | provided in subsection (b) of Section 11-74.4-8 of this Act is | ||||||
| |||||||
| |||||||
| 1 | to
be made with respect to ad valorem taxes levied in the 35th | ||||||
| 2 | calendar
year after the year in which the ordinance approving | ||||||
| 3 | the
redevelopment project area was adopted: | ||||||
| 4 | (1) If the ordinance was adopted before January 15, | ||||||
| 5 | 1981. | ||||||
| 6 | (2) If the ordinance was adopted in December 1983, | ||||||
| 7 | April 1984, July 1985,
or December 1989. | ||||||
| 8 | (3) If the ordinance was adopted in December 1987 and | ||||||
| 9 | the redevelopment
project is located within one mile of | ||||||
| 10 | Midway Airport. | ||||||
| 11 | (4) If the ordinance was adopted before January 1, 1987 | ||||||
| 12 | by a municipality in
Mason County. | ||||||
| 13 | (5) If the municipality is subject to the Local | ||||||
| 14 | Government Financial Planning
and Supervision Act or the | ||||||
| 15 | Financially Distressed City Law. | ||||||
| 16 | (6) If the ordinance was adopted in December 1984 by | ||||||
| 17 | the Village of Rosemont. | ||||||
| 18 | (7) If the ordinance was adopted on December 31, 1986 | ||||||
| 19 | by a municipality
located in Clinton County for which at | ||||||
| 20 | least $250,000 of tax increment
bonds were authorized on | ||||||
| 21 | June 17, 1997, or if the ordinance was adopted on
December | ||||||
| 22 | 31, 1986 by a municipality with a population in 1990 of | ||||||
| 23 | less than
3,600 that is located in a county with a | ||||||
| 24 | population in 1990 of less than
34,000 and for which at | ||||||
| 25 | least $250,000 of tax increment bonds were authorized
on | ||||||
| 26 | June 17, 1997. | ||||||
| |||||||
| |||||||
| 1 | (8) If the ordinance was adopted on October 5, 1982 by | ||||||
| 2 | the City of Kankakee, or if the ordinance was adopted on | ||||||
| 3 | December 29, 1986 by East St. Louis. | ||||||
| 4 | (9) If
the ordinance was adopted on November 12, 1991 | ||||||
| 5 | by the Village of Sauget. | ||||||
| 6 | (10) If the ordinance was
adopted on February 11, 1985 | ||||||
| 7 | by the City of Rock Island. | ||||||
| 8 | (11) If the ordinance was adopted before December 18, | ||||||
| 9 | 1986 by the City of
Moline. | ||||||
| 10 | (12) If the ordinance was adopted in September 1988 by | ||||||
| 11 | Sauk Village. | ||||||
| 12 | (13) If the ordinance was adopted in October 1993 by | ||||||
| 13 | Sauk Village. | ||||||
| 14 | (14) If the ordinance was adopted on December 29, 1986 | ||||||
| 15 | by the City of Galva. | ||||||
| 16 | (15) If the ordinance was adopted in March 1991 by the | ||||||
| 17 | City of Centreville. | ||||||
| 18 | (16) If the ordinance was adopted on January 23, 1991
| ||||||
| 19 | by the City of East St. Louis. | ||||||
| 20 | (17) If the ordinance was adopted on December 22, 1986 | ||||||
| 21 | by the City of Aledo. | ||||||
| 22 | (18) If the ordinance was adopted on February 5, 1990 | ||||||
| 23 | by the City of Clinton. | ||||||
| 24 | (19) If the ordinance was adopted on September 6, 1994 | ||||||
| 25 | by the City of Freeport. | ||||||
| 26 | (20) If the ordinance was adopted on December 22, 1986 | ||||||
| |||||||
| |||||||
| 1 | by the City of Tuscola. | ||||||
| 2 | (21) If the ordinance was adopted on December 23, 1986 | ||||||
| 3 | by the City of Sparta. | ||||||
| 4 | (22) If the ordinance was adopted on December 23, 1986 | ||||||
| 5 | by the City of
Beardstown. | ||||||
| 6 | (23) If the ordinance was adopted on April 27, 1981, | ||||||
| 7 | October 21, 1985, or
December 30, 1986 by the City of | ||||||
| 8 | Belleville. | ||||||
| 9 | (24) If the ordinance was adopted on December 29, 1986 | ||||||
| 10 | by the City of
Collinsville. | ||||||
| 11 | (25) If the ordinance was adopted on September 14, 1994 | ||||||
| 12 | by the
City of Alton. | ||||||
| 13 | (26) If the ordinance was adopted on November 11, 1996 | ||||||
| 14 | by the
City of Lexington. | ||||||
| 15 | (27) If the ordinance was adopted on November 5, 1984 | ||||||
| 16 | by
the City of LeRoy. | ||||||
| 17 | (28) If the ordinance was adopted on April 3, 1991 or
| ||||||
| 18 | June 3, 1992 by the City of Markham. | ||||||
| 19 | (29) If the ordinance was adopted on November 11, 1986 | ||||||
| 20 | by the City of Pekin. | ||||||
| 21 | (30) If the ordinance was adopted on December 15, 1981 | ||||||
| 22 | by the City of Champaign. | ||||||
| 23 | (31) If the ordinance was adopted on December 15, 1986 | ||||||
| 24 | by the City of Urbana. | ||||||
| 25 | (32) If the ordinance was adopted on December 15, 1986 | ||||||
| 26 | by the Village of Heyworth. | ||||||
| |||||||
| |||||||
| 1 | (33) If the ordinance was adopted on February 24, 1992 | ||||||
| 2 | by the Village of Heyworth. | ||||||
| 3 | (34) If the ordinance was adopted on March 16, 1995 by | ||||||
| 4 | the Village of Heyworth. | ||||||
| 5 | (35) If the ordinance was adopted on December 23, 1986 | ||||||
| 6 | by the Town of Cicero. | ||||||
| 7 | (36) If the ordinance was adopted on December 30, 1986 | ||||||
| 8 | by the City of Effingham. | ||||||
| 9 | (37) If the ordinance was adopted on May 9, 1991 by the | ||||||
| 10 | Village of
Tilton. | ||||||
| 11 | (38) If the ordinance was adopted on October 20, 1986 | ||||||
| 12 | by the City of Elmhurst. | ||||||
| 13 | (39) If the ordinance was adopted on January 19, 1988 | ||||||
| 14 | by the City of
Waukegan. | ||||||
| 15 | (40) If the ordinance was adopted on September 21, 1998 | ||||||
| 16 | by the City of
Waukegan. | ||||||
| 17 | (41) If the ordinance was adopted on December 31, 1986 | ||||||
| 18 | by the City of Sullivan. | ||||||
| 19 | (42) If the ordinance was adopted on December 23, 1991 | ||||||
| 20 | by the City of Sullivan. | ||||||
| 21 | (43) If the ordinance was adopted on December 31, 1986 | ||||||
| 22 | by the City of Oglesby. | ||||||
| 23 | (44) If the ordinance was adopted on July 28, 1987 by | ||||||
| 24 | the City of Marion. | ||||||
| 25 | (45) If the ordinance was adopted on April 23, 1990 by | ||||||
| 26 | the City of Marion. | ||||||
| |||||||
| |||||||
| 1 | (46) If the ordinance was adopted on August 20, 1985 by | ||||||
| 2 | the Village of Mount Prospect. | ||||||
| 3 | (47) If the ordinance was adopted on February 2, 1998 | ||||||
| 4 | by the Village of Woodhull. | ||||||
| 5 | (48) If the ordinance was adopted on April 20, 1993 by | ||||||
| 6 | the Village of Princeville. | ||||||
| 7 | (49) If the ordinance was adopted on July 1, 1986 by | ||||||
| 8 | the City of Granite City. | ||||||
| 9 | (50) If the ordinance was adopted on February 2, 1989 | ||||||
| 10 | by the Village of Lombard. | ||||||
| 11 | (51) If the ordinance was adopted on December 29, 1986 | ||||||
| 12 | by the Village of Gardner. | ||||||
| 13 | (52) If the ordinance was adopted on July 14, 1999 by | ||||||
| 14 | the Village of Paw Paw. | ||||||
| 15 | (53) If the ordinance was adopted on November 17, 1986 | ||||||
| 16 | by the Village of Franklin Park. | ||||||
| 17 | (54) If the ordinance was adopted on November 20, 1989 | ||||||
| 18 | by the Village of South Holland. | ||||||
| 19 | (55) If the ordinance was adopted on July 14, 1992 by | ||||||
| 20 | the Village of Riverdale. | ||||||
| 21 | (56) If the ordinance was adopted on December 29, 1986 | ||||||
| 22 | by the City of Galesburg. | ||||||
| 23 | (57) If the ordinance was adopted on April 1, 1985 by | ||||||
| 24 | the City of Galesburg. | ||||||
| 25 | (58) If the ordinance was adopted on May 21, 1990 by | ||||||
| 26 | the City of West Chicago. | ||||||
| |||||||
| |||||||
| 1 | (59) If the ordinance was adopted on December 16, 1986 | ||||||
| 2 | by the City of Oak Forest. | ||||||
| 3 | (60) If the ordinance was adopted in 1999 by the City | ||||||
| 4 | of Villa Grove. | ||||||
| 5 | (61) If the ordinance was adopted on January 13, 1987 | ||||||
| 6 | by the Village of Mt. Zion. | ||||||
| 7 | (62) If the ordinance was adopted on December 30, 1986 | ||||||
| 8 | by the Village of Manteno. | ||||||
| 9 | (63) If the ordinance was adopted on April 3, 1989 by | ||||||
| 10 | the City of Chicago Heights. | ||||||
| 11 | (64) If the ordinance was adopted on January 6, 1999 by | ||||||
| 12 | the Village of Rosemont. | ||||||
| 13 | (65) If the ordinance was adopted on December 19, 2000 | ||||||
| 14 | by the Village of Stone Park. | ||||||
| 15 | (66) If the ordinance was adopted on December 22, 1986 | ||||||
| 16 | by the City of DeKalb. | ||||||
| 17 | (67) If the ordinance was adopted on December 2, 1986 | ||||||
| 18 | by the City of Aurora.
| ||||||
| 19 | (68) If the ordinance was adopted on December 31, 1986 | ||||||
| 20 | by the Village of Milan. | ||||||
| 21 | (69) If the ordinance was adopted on September 8, 1994 | ||||||
| 22 | by the City of West Frankfort. | ||||||
| 23 | (70) If the ordinance was adopted on December 23, 1986 | ||||||
| 24 | by the Village of Libertyville. | ||||||
| 25 | (71) If the ordinance was adopted on December 22, 1986 | ||||||
| 26 | by the Village of Hoffman Estates.
| ||||||
| |||||||
| |||||||
| 1 | (72) If the ordinance was adopted on September 17, 1986 | ||||||
| 2 | by the Village of Sherman.
| ||||||
| 3 | (73) If the ordinance was adopted on December 16, 1986 | ||||||
| 4 | by the City of Macomb. | ||||||
| 5 | (74) If the ordinance was adopted on June 11, 2002 by | ||||||
| 6 | the City of East Peoria to create the West Washington | ||||||
| 7 | Street TIF. | ||||||
| 8 | (75) If the ordinance was adopted on June 11, 2002 by | ||||||
| 9 | the City of East Peoria to create the Camp Street TIF.
| ||||||
| 10 | (76) If the ordinance was adopted on August 7, 2000 by | ||||||
| 11 | the City of Des Plaines. | ||||||
| 12 | (77) If the ordinance was adopted on December 22, 1986 | ||||||
| 13 | by the City of Washington to create the Washington Square | ||||||
| 14 | TIF #2. | ||||||
| 15 | (78) If the ordinance was adopted on December 29, 1986 | ||||||
| 16 | by the City of Morris.
| ||||||
| 17 | (79) If the ordinance was adopted on July 6, 1998 by | ||||||
| 18 | the Village of Steeleville. | ||||||
| 19 | (80) If the ordinance was adopted on December 29, 1986 | ||||||
| 20 | by the City of Pontiac to create TIF I (the Main St TIF). | ||||||
| 21 | (81) If the ordinance was adopted on December 29, 1986 | ||||||
| 22 | by the City of Pontiac to create TIF II (the Interstate | ||||||
| 23 | TIF). | ||||||
| 24 | (82) If the ordinance was adopted on November 6, 2002 | ||||||
| 25 | by the City of Chicago to create the Madden/Wells TIF | ||||||
| 26 | District. | ||||||
| |||||||
| |||||||
| 1 | (83) If the ordinance was adopted on November 4, 1998 | ||||||
| 2 | by the City of Chicago to create the Roosevelt/Racine TIF | ||||||
| 3 | District. | ||||||
| 4 | (84) If the ordinance was adopted on June 10, 1998 by | ||||||
| 5 | the City of Chicago to create the Stony Island | ||||||
| 6 | Commercial/Burnside Industrial Corridors TIF District. | ||||||
| 7 | (85) If the ordinance was adopted on November 29, 1989 | ||||||
| 8 | by the City of Chicago to create the Englewood Mall TIF | ||||||
| 9 | District. | ||||||
| 10 | (86) If the ordinance was adopted on December 27, 1986 | ||||||
| 11 | by the City of Mendota. | ||||||
| 12 | (87) If the ordinance was adopted on December 31, 1986 | ||||||
| 13 | by the Village of Cahokia. | ||||||
| 14 | (88) If the ordinance was adopted on September 20, 1999 | ||||||
| 15 | by the City of Belleville. | ||||||
| 16 | (89) If the ordinance was adopted on December 30, 1986 | ||||||
| 17 | by the Village of Bellevue to create the Bellevue TIF | ||||||
| 18 | District 1. | ||||||
| 19 | (90) If the ordinance was adopted on December 13, 1993 | ||||||
| 20 | by the Village of Crete. | ||||||
| 21 | (91) If the ordinance was adopted on February 12, 2001 | ||||||
| 22 | by the Village of Crete. | ||||||
| 23 | (92) If the ordinance was adopted on April 23, 2001 by | ||||||
| 24 | the Village of Crete. | ||||||
| 25 | (93) If the ordinance was adopted on December 16, 1986 | ||||||
| 26 | by the City of Champaign. | ||||||
| |||||||
| |||||||
| 1 | (94) If the ordinance was adopted on December 20, 1986 | ||||||
| 2 | by the City of Charleston. | ||||||
| 3 | (95) If the ordinance was adopted on June 6, 1989 by | ||||||
| 4 | the Village of Romeoville. | ||||||
| 5 | (96) If the ordinance was adopted on October 14, 1993 | ||||||
| 6 | and amended on August 2, 2010 by the City of Venice. | ||||||
| 7 | (97) If the ordinance was adopted on June 1, 1994 by | ||||||
| 8 | the City of Markham. | ||||||
| 9 | (98) If the ordinance was adopted on May 19, 1998 by | ||||||
| 10 | the Village of Bensenville. | ||||||
| 11 | (99) If the ordinance was adopted on November 12, 1987 | ||||||
| 12 | by the City of Dixon. | ||||||
| 13 | (100) If the ordinance was adopted on December 20, 1988 | ||||||
| 14 | by the Village of Lansing. | ||||||
| 15 | (101) If the ordinance was adopted on October 27, 1998 | ||||||
| 16 | by the City of Moline. | ||||||
| 17 | (102) If the ordinance was adopted on May 21, 1991 by | ||||||
| 18 | the Village of Glenwood. | ||||||
| 19 | (103) If the ordinance was adopted on January 28, 1992 | ||||||
| 20 | by the City of East Peoria. | ||||||
| 21 | (104) If the ordinance was adopted on December 14, 1998 | ||||||
| 22 | by the City of Carlyle. | ||||||
| 23 | (105) If the ordinance was adopted on May 17, 2000, as | ||||||
| 24 | subsequently amended, by the City of Chicago to create the | ||||||
| 25 | Midwest Redevelopment TIF District. | ||||||
| 26 | (106) If the ordinance was adopted on September 13, | ||||||
| |||||||
| |||||||
| 1 | 1989 by the City of Chicago to create the Michigan/Cermak | ||||||
| 2 | Area TIF District. | ||||||
| 3 | (107) If the ordinance was adopted on March 30, 1992 by | ||||||
| 4 | the Village of Ohio. | ||||||
| 5 | (108) If the ordinance was adopted on July 6, 1998 by | ||||||
| 6 | the Village of Orangeville. | ||||||
| 7 | (109) If the ordinance was adopted on December 16, 1997 | ||||||
| 8 | by the Village of Germantown. | ||||||
| 9 | (110) If the ordinance was adopted on April 28, 2003 by | ||||||
| 10 | Gibson City. | ||||||
| 11 | (111) If the ordinance was adopted on December 18, 1990 | ||||||
| 12 | by the Village of Washington Park, but only after the | ||||||
| 13 | Village of Washington Park becomes compliant with the | ||||||
| 14 | reporting requirements under subsection (d) of Section | ||||||
| 15 | 11-74.4-5, and after the State Comptroller's certification | ||||||
| 16 | of such compliance. | ||||||
| 17 | (112) If the ordinance was adopted on February 28, 2000 | ||||||
| 18 | by the City of Harvey. | ||||||
| 19 | (113) If the ordinance was adopted on January 11, 1991 | ||||||
| 20 | by the City of Chicago to create the Read/Dunning TIF | ||||||
| 21 | District. | ||||||
| 22 | (114) If the ordinance was adopted on July 24, 1991 by | ||||||
| 23 | the City of Chicago to create the Sanitary and Ship Canal | ||||||
| 24 | TIF District. | ||||||
| 25 | (115) If the ordinance was adopted on December 4, 2007 | ||||||
| 26 | by the City of Naperville. | ||||||
| |||||||
| |||||||
| 1 | (116) If the ordinance was adopted on July 1, 2002 by | ||||||
| 2 | the Village of Arlington Heights. | ||||||
| 3 | (117) If the ordinance was adopted on February 11, 1991 | ||||||
| 4 | by the Village of Machesney Park. | ||||||
| 5 | (118) If the ordinance was adopted on December 29, 1993 | ||||||
| 6 | by the City of Ottawa. | ||||||
| 7 | (119) If the ordinance was adopted on June 4, 1991 by | ||||||
| 8 | the Village of Lansing. | ||||||
| 9 | (120) If the ordinance was adopted on February 10, 2004 | ||||||
| 10 | by the Village of Fox Lake. | ||||||
| 11 | (121) If the ordinance was adopted on December 22, 1992 | ||||||
| 12 | by the City of Fairfield. | ||||||
| 13 | (122) If the ordinance was adopted on February 10, 1992 | ||||||
| 14 | by the City of Mt. Sterling. | ||||||
| 15 | (123) If the ordinance was adopted on March 15, 2004 by | ||||||
| 16 | the City of Batavia. | ||||||
| 17 | (124) If the ordinance was adopted on March 18, 2002 by | ||||||
| 18 | the Village of Lake Zurich. | ||||||
| 19 | (125) If the ordinance was adopted on September 23, | ||||||
| 20 | 1997 by the City of Granite City. | ||||||
| 21 | (126) If the ordinance was adopted on May 8, 2013 by | ||||||
| 22 | the Village of Rosemont to create the Higgins Road/River | ||||||
| 23 | Road TIF District No. 6. | ||||||
| 24 | (127) If the ordinance was adopted on November 22, 1993 | ||||||
| 25 | by the City of Arcola. | ||||||
| 26 | (128) If the ordinance was adopted on September 7, 2004 | ||||||
| |||||||
| |||||||
| 1 | by the City of Arcola. | ||||||
| 2 | (129) If the ordinance was adopted on November 29, 1999 | ||||||
| 3 | by the City of Paris. | ||||||
| 4 | (130) If the ordinance was adopted on September 20, | ||||||
| 5 | 1994 by the City of Ottawa to create the U.S. Route 6 East | ||||||
| 6 | Ottawa TIF. | ||||||
| 7 | (131) If the ordinance was adopted on May 2, 2002 by | ||||||
| 8 | the Village of Crestwood. | ||||||
| 9 | (132) If the ordinance was adopted on October 27, 1992 | ||||||
| 10 | by the City of Blue Island. | ||||||
| 11 | (133) If the ordinance was adopted on December 23, 1993 | ||||||
| 12 | by the City of Lacon. | ||||||
| 13 | (134) If the ordinance was adopted on May 4, 1998 by | ||||||
| 14 | the Village of Bradford. | ||||||
| 15 | (135) If the ordinance was adopted on June 11, 2002 by | ||||||
| 16 | the City of Oak Forest. | ||||||
| 17 | (136) If the ordinance was adopted on November 16, 1992 | ||||||
| 18 | by the City of Pinckneyville. | ||||||
| 19 | (137) If the ordinance was adopted on March 1, 2001 by | ||||||
| 20 | the Village of South Jacksonville. | ||||||
| 21 | (138) If the ordinance was adopted on February 26, 1992 | ||||||
| 22 | by the City of Chicago to create the Stockyards Southeast | ||||||
| 23 | Quadrant TIF District. | ||||||
| 24 | (139) If the ordinance was adopted on January 25, 1993 | ||||||
| 25 | by the City of LaSalle. | ||||||
| 26 | (140) If the ordinance was adopted on December 23, 1997 | ||||||
| |||||||
| |||||||
| 1 | by the Village of Dieterich. | ||||||
| 2 | (141) If the ordinance was adopted on February 10, 2016 | ||||||
| 3 | by the Village of Rosemont to create the Balmoral/Pearl TIF | ||||||
| 4 | No. 8 Tax Increment Financing Redevelopment Project Area. | ||||||
| 5 | (142) (132) If the ordinance was adopted on June 11, | ||||||
| 6 | 2002 by the City of Oak Forest. | ||||||
| 7 | (d) For redevelopment project areas for which bonds were | ||||||
| 8 | issued before
July 29, 1991, or for which contracts were | ||||||
| 9 | entered into before June 1,
1988, in connection with a | ||||||
| 10 | redevelopment project in the area within
the State Sales Tax | ||||||
| 11 | Boundary, the estimated dates of completion of the
| ||||||
| 12 | redevelopment project and retirement of obligations to finance | ||||||
| 13 | redevelopment
project costs (including refunding bonds under | ||||||
| 14 | Section 11-74.4-7) may be extended by municipal ordinance to | ||||||
| 15 | December 31, 2013.
The termination procedures of subsection (b) | ||||||
| 16 | of Section 11-74.4-8 are not
required for
these redevelopment | ||||||
| 17 | project areas in 2009 but are required in 2013.
The extension | ||||||
| 18 | allowed by Public Act 87-1272 shall not apply to real
property | ||||||
| 19 | tax increment allocation financing under Section 11-74.4-8. | ||||||
| 20 | (e) Those dates, for purposes of real property tax | ||||||
| 21 | increment allocation
financing pursuant to Section 11-74.4-8 | ||||||
| 22 | only, shall be not more than 35 years
for redevelopment project | ||||||
| 23 | areas that were adopted on or after December 16,
1986 and for | ||||||
| 24 | which at least $8 million worth of municipal bonds were | ||||||
| 25 | authorized
on or after December 19, 1989 but before January 1, | ||||||
| 26 | 1990; provided that the
municipality elects to extend the life | ||||||
| |||||||
| |||||||
| 1 | of the redevelopment project area to 35
years by the adoption | ||||||
| 2 | of an ordinance after at least 14 but not more than 30
days' | ||||||
| 3 | written notice to the taxing bodies, that would otherwise | ||||||
| 4 | constitute the
joint review board for the redevelopment project | ||||||
| 5 | area, before the adoption of
the ordinance. | ||||||
| 6 | (f) Those dates, for purposes of real property tax | ||||||
| 7 | increment allocation
financing pursuant to Section 11-74.4-8 | ||||||
| 8 | only, shall be not more than 35 years
for redevelopment project | ||||||
| 9 | areas that were established on or after December 1,
1981 but | ||||||
| 10 | before January 1, 1982 and for which at least $1,500,000 worth | ||||||
| 11 | of
tax increment revenue bonds were authorized
on or after | ||||||
| 12 | September 30, 1990 but before July 1, 1991; provided that the
| ||||||
| 13 | municipality elects to extend the life of the redevelopment | ||||||
| 14 | project area to 35
years by the adoption of an ordinance after | ||||||
| 15 | at least 14 but not more than 30
days' written notice to the | ||||||
| 16 | taxing bodies, that would otherwise constitute the
joint review | ||||||
| 17 | board for the redevelopment project area, before the adoption | ||||||
| 18 | of
the ordinance. | ||||||
| 19 | (f-5) Those dates, for purposes of real property tax | ||||||
| 20 | increment allocation financing pursuant to Section 11-74.4-8 | ||||||
| 21 | only, shall be not more than 47 years for redevelopment project | ||||||
| 22 | areas that were established on December 29, 1981 by the City of | ||||||
| 23 | Springfield; provided that (i) the City city of Springfield | ||||||
| 24 | adopts an ordinance extending the life of the redevelopment | ||||||
| 25 | project area to 47 years and (ii) the City of Springfield | ||||||
| 26 | provides notice to the taxing bodies that would otherwise | ||||||
| |||||||
| |||||||
| 1 | constitute the joint review board for the redevelopment project | ||||||
| 2 | area not more than 30 and not less than 14 days prior to the | ||||||
| 3 | adoption of that ordinance. | ||||||
| 4 | (g) In consolidating the material relating to completion | ||||||
| 5 | dates from Sections 11-74.4-3 and 11-74.4-7 into this Section, | ||||||
| 6 | it is not the intent of the General Assembly to make any | ||||||
| 7 | substantive change in the law, except for the extension of the | ||||||
| 8 | completion dates for the City of Aurora, the Village of Milan,
| ||||||
| 9 | the City of West Frankfort, the Village of Libertyville, and | ||||||
| 10 | the Village of Hoffman Estates set forth under items (67),
| ||||||
| 11 | (68), (69), (70), and (71) of subsection (c) of this Section. | ||||||
| 12 | (Source: P.A. 98-109, eff. 7-25-13; 98-135, eff. 8-2-13; | ||||||
| 13 | 98-230, eff. 8-9-13; 98-463, eff. 8-16-13; 98-614, eff. | ||||||
| 14 | 12-27-13; 98-667, eff. 6-25-14; 98-889, eff. 8-15-14; 98-893, | ||||||
| 15 | eff. 8-15-14; 98-1064, eff. 8-26-14; 98-1136, eff. 12-29-14; | ||||||
| 16 | 98-1153, eff. 1-9-15; 98-1157, eff. 1-9-15; 98-1159, eff. | ||||||
| 17 | 1-9-15; 99-78, eff. 7-20-15; 99-136, eff. 7-24-15; 99-263, eff. | ||||||
| 18 | 8-4-15; 99-361, eff. 1-1-16; 99-394, eff. 8-18-15; 99-495, eff. | ||||||
| 19 | 12-17-15; 99-508, eff. 6-24-16; 99-792, eff. 8-12-16; revised | ||||||
| 20 | 9-22-16.)
| ||||||
| 21 | (65 ILCS 5/11-74.4-6) (from Ch. 24, par. 11-74.4-6)
| ||||||
| 22 | Sec. 11-74.4-6. (a) Except as provided herein, notice of | ||||||
| 23 | the public hearing
shall be given by publication and mailing; | ||||||
| 24 | provided, however, that no notice by mailing shall be required | ||||||
| 25 | under this subsection (a) with respect to any redevelopment | ||||||
| |||||||
| |||||||
| 1 | project area located within a transit facility improvement area | ||||||
| 2 | established pursuant to Section 11-74.4-3.3. Notice by | ||||||
| 3 | publication
shall be given by publication at least twice, the | ||||||
| 4 | first publication to be
not more than 30 nor less than 10 days | ||||||
| 5 | prior to the hearing in a newspaper
of general circulation | ||||||
| 6 | within the taxing districts having property in the
proposed | ||||||
| 7 | redevelopment project area. Notice by mailing shall be given by
| ||||||
| 8 | depositing such notice in the United States mails by certified | ||||||
| 9 | mail
addressed to the person or persons in whose name the | ||||||
| 10 | general taxes for the
last preceding year were paid on each | ||||||
| 11 | lot, block, tract, or parcel of land
lying within the project | ||||||
| 12 | redevelopment area. Said notice shall be mailed
not less than | ||||||
| 13 | 10 days prior to the date set for the public hearing. In the
| ||||||
| 14 | event taxes for the last preceding year were not paid, the | ||||||
| 15 | notice shall
also be sent to the persons last listed on the tax | ||||||
| 16 | rolls within the
preceding 3 years as the owners of such | ||||||
| 17 | property.
For redevelopment project areas with redevelopment | ||||||
| 18 | plans or proposed
redevelopment plans that would require | ||||||
| 19 | removal of 10 or more inhabited
residential
units or that | ||||||
| 20 | contain 75 or more inhabited residential units, the | ||||||
| 21 | municipality
shall make a good faith effort to notify by mail | ||||||
| 22 | all
residents of
the redevelopment project area. At a minimum, | ||||||
| 23 | the municipality shall mail a
notice
to each residential | ||||||
| 24 | address located within the redevelopment project area. The
| ||||||
| 25 | municipality shall endeavor to ensure that all such notices are | ||||||
| 26 | effectively
communicated and shall include (in addition to | ||||||
| |||||||
| |||||||
| 1 | notice in English) notice in
the predominant language
other | ||||||
| 2 | than English when appropriate.
| ||||||
| 3 | (b) The notices issued pursuant to this Section shall | ||||||
| 4 | include the following:
| ||||||
| 5 | (1) The time and place of public hearing.
| ||||||
| 6 | (2) The boundaries of the proposed redevelopment | ||||||
| 7 | project area by legal
description and by street location | ||||||
| 8 | where possible.
| ||||||
| 9 | (3) A notification that all interested persons will be | ||||||
| 10 | given an
opportunity to be heard at the public hearing.
| ||||||
| 11 | (4) A description of the redevelopment plan or | ||||||
| 12 | redevelopment project
for the proposed redevelopment | ||||||
| 13 | project area if a plan or project is the
subject matter of | ||||||
| 14 | the hearing.
| ||||||
| 15 | (5) Such other matters as the municipality may deem | ||||||
| 16 | appropriate.
| ||||||
| 17 | (c) Not less than 45 days prior to the date set for | ||||||
| 18 | hearing, the
municipality shall give notice by mail as provided | ||||||
| 19 | in subsection (a) to all
taxing districts of which taxable | ||||||
| 20 | property is included in the redevelopment
project area, project | ||||||
| 21 | or plan and to the Department of Commerce and
Economic | ||||||
| 22 | Opportunity, and in addition to the other requirements under
| ||||||
| 23 | subsection (b) the notice shall include an invitation to the | ||||||
| 24 | Department of
Commerce and Economic Opportunity and each taxing | ||||||
| 25 | district to submit comments
to the municipality concerning the | ||||||
| 26 | subject matter of the hearing prior to
the date of hearing.
| ||||||
| |||||||
| |||||||
| 1 | (d) In the event that any municipality has by ordinance | ||||||
| 2 | adopted tax
increment financing prior to 1987, and has complied | ||||||
| 3 | with the notice
requirements of this Section, except that the | ||||||
| 4 | notice has not included the
requirements of subsection (b), | ||||||
| 5 | paragraphs (2), (3) and (4), and within 90
days of December 16, | ||||||
| 6 | 1991 (the effective date of Public Act 87-813) this amendatory | ||||||
| 7 | Act of 1991, that
municipality passes an ordinance which | ||||||
| 8 | contains findings that: (1) all taxing
districts prior to the | ||||||
| 9 | time of the hearing required by Section 11-74.4-5
were | ||||||
| 10 | furnished with copies of a map incorporated into the | ||||||
| 11 | redevelopment
plan and project substantially showing the legal | ||||||
| 12 | boundaries of the
redevelopment project area; (2) the | ||||||
| 13 | redevelopment plan and project, or a
draft thereof, contained a | ||||||
| 14 | map substantially showing the legal boundaries
of the | ||||||
| 15 | redevelopment project area and was available to the public at | ||||||
| 16 | the
time of the hearing; and (3) since the adoption of any form | ||||||
| 17 | of tax
increment financing authorized by this Act, and prior to | ||||||
| 18 | June 1, 1991, no
objection or challenge has been made in | ||||||
| 19 | writing to the municipality in
respect to the notices required | ||||||
| 20 | by this Section, then the municipality
shall be deemed to have | ||||||
| 21 | met the notice requirements of this Act and all
actions of the | ||||||
| 22 | municipality taken in connection with such notices as were
| ||||||
| 23 | given are hereby validated and hereby declared to be legally | ||||||
| 24 | sufficient for
all purposes of this Act.
| ||||||
| 25 | (e) If a municipality desires to propose a redevelopment
| ||||||
| 26 | plan
for a redevelopment project area that
would result in the | ||||||
| |||||||
| |||||||
| 1 | displacement of residents from
10 or more inhabited residential | ||||||
| 2 | units or for a redevelopment project area that
contains 75 or | ||||||
| 3 | more inhabited residential units, the
municipality
shall hold a | ||||||
| 4 | public meeting before the mailing of the notices of public | ||||||
| 5 | hearing
as
provided in subsection (c) of this Section. However, | ||||||
| 6 | such a meeting shall be required for any redevelopment plan for | ||||||
| 7 | a redevelopment project area located within a transit facility | ||||||
| 8 | improvement area established pursuant to Section 11-74.4-3.3 | ||||||
| 9 | if the applicable project is subject to the process for | ||||||
| 10 | evaluation of environmental effects under the National | ||||||
| 11 | Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. The | ||||||
| 12 | meeting shall be for the
purpose of
enabling the municipality | ||||||
| 13 | to advise the public, taxing districts having real
property in
| ||||||
| 14 | the redevelopment project area, taxpayers who own property in | ||||||
| 15 | the proposed
redevelopment project area, and residents in the | ||||||
| 16 | area as to the
municipality's possible intent to prepare a | ||||||
| 17 | redevelopment plan and
designate a
redevelopment project area | ||||||
| 18 | and to receive public comment.
The time and place for the | ||||||
| 19 | meeting shall be set by the head of the
municipality's
| ||||||
| 20 | Department of Planning or other department official designated | ||||||
| 21 | by the mayor or
city
or village manager without the necessity | ||||||
| 22 | of a resolution or ordinance of the
municipality and may be | ||||||
| 23 | held by a member of the staff of the Department of
Planning of | ||||||
| 24 | the municipality or by any other person, body, or commission
| ||||||
| 25 | designated by the corporate authorities. The meeting shall be | ||||||
| 26 | held at
least 14 business
days before the mailing of the notice | ||||||
| |||||||
| |||||||
| 1 | of public hearing provided for in
subsection (c)
of this | ||||||
| 2 | Section.
| ||||||
| 3 | Notice of the public meeting shall be given by mail. Notice | ||||||
| 4 | by mail shall be
not less than 15 days before the date of the | ||||||
| 5 | meeting and shall be sent by
certified
mail to all taxing | ||||||
| 6 | districts having real property in the proposed redevelopment
| ||||||
| 7 | project area and to all entities requesting that information | ||||||
| 8 | that have
registered with a person and department designated by | ||||||
| 9 | the municipality in
accordance with registration guidelines | ||||||
| 10 | established by the
municipality pursuant to Section | ||||||
| 11 | 11-74.4-4.2. The
municipality shall make a good faith effort to | ||||||
| 12 | notify all residents and the
last known persons who paid
| ||||||
| 13 | property taxes on real estate in a redevelopment project area. | ||||||
| 14 | This
requirement
shall be deemed to be satisfied if the | ||||||
| 15 | municipality mails, by regular mail, a
notice to
each | ||||||
| 16 | residential address and the person or persons in whose name | ||||||
| 17 | property taxes
were paid on real property for the last | ||||||
| 18 | preceding year located within the
redevelopment project area. | ||||||
| 19 | Notice shall be in languages other than English
when
| ||||||
| 20 | appropriate. The notices issued under this subsection shall | ||||||
| 21 | include the
following:
| ||||||
| 22 | (1) The time and place of the meeting.
| ||||||
| 23 | (2) The boundaries of the area to be studied for | ||||||
| 24 | possible designation
as a redevelopment project area by | ||||||
| 25 | street and location.
| ||||||
| 26 | (3) The purpose or purposes of establishing a | ||||||
| |||||||
| |||||||
| 1 | redevelopment project
area.
| ||||||
| 2 | (4) A brief description of tax increment financing.
| ||||||
| 3 | (5) The name, telephone number, and address of the | ||||||
| 4 | person who can
be contacted for additional information | ||||||
| 5 | about the proposed
redevelopment project area and who | ||||||
| 6 | should receive all comments
and suggestions regarding the | ||||||
| 7 | development of the area to be
studied.
| ||||||
| 8 | (6) Notification that all interested persons will be | ||||||
| 9 | given an opportunity
to be heard at the public meeting.
| ||||||
| 10 | (7) Such other matters as the municipality deems | ||||||
| 11 | appropriate.
| ||||||
| 12 | At the public meeting, any interested person or | ||||||
| 13 | representative of an affected
taxing district
may be heard | ||||||
| 14 | orally and may file, with the person conducting the
meeting, | ||||||
| 15 | statements that pertain to the subject matter of the meeting.
| ||||||
| 16 | (Source: P.A. 99-792, eff. 8-12-16; revised 10-31-16.)
| ||||||
| 17 | (65 ILCS 5/11-74.4-8a) (from Ch. 24, par. 11-74.4-8a)
| ||||||
| 18 | Sec. 11-74.4-8a. (1) Until June 1, 1988, a municipality | ||||||
| 19 | which has
adopted tax increment allocation financing prior to | ||||||
| 20 | January 1, 1987, may by
ordinance (1) authorize the Department | ||||||
| 21 | of Revenue, subject to
appropriation, to annually certify and | ||||||
| 22 | cause to be paid from the Illinois
Tax Increment Fund to such | ||||||
| 23 | municipality for deposit in the municipality's
special tax | ||||||
| 24 | allocation fund an amount equal to the Net State Sales Tax
| ||||||
| 25 | Increment and (2) authorize the Department of Revenue to | ||||||
| |||||||
| |||||||
| 1 | annually notify
the municipality of the amount of the Municipal | ||||||
| 2 | Sales Tax Increment which
shall be deposited by the | ||||||
| 3 | municipality in the municipality's special tax
allocation | ||||||
| 4 | fund. Provided that for purposes of this Section no amendments
| ||||||
| 5 | adding additional area to the redevelopment project area which | ||||||
| 6 | has been
certified as the State Sales Tax Boundary shall be | ||||||
| 7 | taken into account if
such amendments are adopted by the | ||||||
| 8 | municipality after January 1, 1987. If
an amendment is adopted | ||||||
| 9 | which decreases the area of a State Sales Tax
Boundary, the | ||||||
| 10 | municipality shall update the list required by subsection
| ||||||
| 11 | (3)(a) of this Section. The Retailers' Occupation Tax | ||||||
| 12 | liability, Use Tax
liability, Service Occupation Tax liability | ||||||
| 13 | and Service Use Tax liability
for retailers and servicemen | ||||||
| 14 | located within the disconnected area shall be
excluded from the | ||||||
| 15 | base from which tax increments are calculated and the
revenue | ||||||
| 16 | from any such retailer or serviceman shall not be included in
| ||||||
| 17 | calculating incremental revenue payable to the municipality. A | ||||||
| 18 | municipality
adopting an ordinance under this subsection (1) of | ||||||
| 19 | this Section for a
redevelopment project area which is | ||||||
| 20 | certified as a State Sales Tax Boundary
shall not be entitled | ||||||
| 21 | to payments of State taxes authorized under
subsection (2) of | ||||||
| 22 | this Section for the same redevelopment project area.
Nothing | ||||||
| 23 | herein shall be construed to prevent a municipality from | ||||||
| 24 | receiving
payment of State taxes authorized under subsection | ||||||
| 25 | (2) of this Section for
a separate redevelopment project area | ||||||
| 26 | that does not overlap in any way with
the State Sales Tax | ||||||
| |||||||
| |||||||
| 1 | Boundary receiving payments of State taxes pursuant to
| ||||||
| 2 | subsection (1) of this Section.
| ||||||
| 3 | A certified copy of such ordinance shall be submitted by | ||||||
| 4 | the municipality
to the Department of Commerce and Economic | ||||||
| 5 | Opportunity and the Department of
Revenue not later than 30 | ||||||
| 6 | days after the effective date of the ordinance.
Upon submission | ||||||
| 7 | of the ordinances, and the information required pursuant to
| ||||||
| 8 | subsection 3 of this Section, the Department of Revenue shall | ||||||
| 9 | promptly
determine the amount of such taxes paid under the | ||||||
| 10 | Retailers' Occupation Tax
Act, Use Tax Act, Service Use Tax | ||||||
| 11 | Act, the Service Occupation Tax Act, the
Municipal Retailers' | ||||||
| 12 | Occupation Tax Act and the Municipal Service
Occupation Tax Act | ||||||
| 13 | by retailers and servicemen on transactions at places
located | ||||||
| 14 | in the redevelopment project area during the base year, and | ||||||
| 15 | shall
certify all the foregoing "initial sales tax amounts" to | ||||||
| 16 | the municipality
within 60 days of submission of the list | ||||||
| 17 | required of subsection (3)(a) of
this Section.
| ||||||
| 18 | If a retailer or serviceman with a place of business | ||||||
| 19 | located within a
redevelopment project area also has one or | ||||||
| 20 | more other places of business
within the municipality but | ||||||
| 21 | outside the redevelopment project area, the
retailer or | ||||||
| 22 | serviceman shall, upon request of the Department of Revenue,
| ||||||
| 23 | certify to the Department of Revenue the amount of taxes paid | ||||||
| 24 | pursuant to
the Retailers' Occupation Tax Act, the Municipal | ||||||
| 25 | Retailers' Occupation Tax
Act, the Service Occupation Tax Act | ||||||
| 26 | and the Municipal Service Occupation
Tax Act at each place of | ||||||
| |||||||
| |||||||
| 1 | business which is located within the redevelopment
project area | ||||||
| 2 | in the manner and for the periods of time requested by the
| ||||||
| 3 | Department of Revenue.
| ||||||
| 4 | When the municipality determines that a portion of an | ||||||
| 5 | increase in
the aggregate amount of taxes paid by retailers and | ||||||
| 6 | servicemen under the
Retailers' Occupation Tax Act, Use Tax | ||||||
| 7 | Act, Service Use Tax Act, or the
Service Occupation Tax Act is | ||||||
| 8 | the result of a retailer or serviceman
initiating retail or | ||||||
| 9 | service operations in the redevelopment project area
by such | ||||||
| 10 | retailer or serviceman with a resulting termination of retail | ||||||
| 11 | or
service operations by such retailer or serviceman at another
| ||||||
| 12 | location in Illinois in the standard metropolitan statistical | ||||||
| 13 | area of such
municipality, the Department of Revenue shall be | ||||||
| 14 | notified that the
retailers occupation tax liability, use tax | ||||||
| 15 | liability, service occupation tax
liability, or service use tax | ||||||
| 16 | liability from such retailer's or serviceman's
terminated | ||||||
| 17 | operation shall be included in the base Initial Sales Tax
| ||||||
| 18 | Amounts from which the State Sales Tax Increment is calculated | ||||||
| 19 | for purposes
of State payments to the affected municipality; | ||||||
| 20 | provided, however, for
purposes of this paragraph | ||||||
| 21 | "termination" shall mean a closing of a retail
or service | ||||||
| 22 | operation which is directly related to the opening of the same
| ||||||
| 23 | retail or service operation in a redevelopment project area | ||||||
| 24 | which is
included within a State Sales Tax Boundary, but it | ||||||
| 25 | shall not include retail
or service operations closed for | ||||||
| 26 | reasons beyond the control of the retailer
or serviceman, as | ||||||
| |||||||
| |||||||
| 1 | determined by the Department.
| ||||||
| 2 | If the municipality makes the determination referred to in | ||||||
| 3 | the prior
paragraph and notifies the Department and if the | ||||||
| 4 | relocation is from a
location within the municipality, the | ||||||
| 5 | Department, at the request of the
municipality, shall adjust | ||||||
| 6 | the certified aggregate amount of taxes that
constitute the | ||||||
| 7 | Municipal Sales Tax Increment paid by retailers and servicemen
| ||||||
| 8 | on transactions at places of business located within the State | ||||||
| 9 | Sales Tax
Boundary during the base year using the same | ||||||
| 10 | procedures as are employed to
make the adjustment referred to | ||||||
| 11 | in the prior paragraph. The adjusted
Municipal Sales Tax | ||||||
| 12 | Increment calculated by the Department shall be
sufficient to | ||||||
| 13 | satisfy the requirements of subsection (1) of this Section.
| ||||||
| 14 | When a municipality which has adopted tax increment | ||||||
| 15 | allocation financing
in 1986 determines that a portion of the | ||||||
| 16 | aggregate amount of taxes paid by
retailers and servicemen | ||||||
| 17 | under the Retailers Occupation Tax Act, Use Tax
Act, Service | ||||||
| 18 | Use Tax Act, or Service Occupation Tax Act, the Municipal
| ||||||
| 19 | Retailers' Occupation Tax Act and the Municipal Service | ||||||
| 20 | Occupation Tax Act,
includes revenue of a retailer or | ||||||
| 21 | serviceman which terminated retailer or
service operations in | ||||||
| 22 | 1986, prior to the adoption of tax increment
allocation | ||||||
| 23 | financing, the Department of Revenue shall be notified by such
| ||||||
| 24 | municipality that the retailers' occupation tax liability, use | ||||||
| 25 | tax
liability, service occupation tax liability or service use | ||||||
| 26 | tax liability,
from such retailer's or serviceman's terminated | ||||||
| |||||||
| |||||||
| 1 | operations shall be
excluded from the Initial Sales Tax Amounts | ||||||
| 2 | for such taxes. The revenue
from any such retailer or | ||||||
| 3 | serviceman which is excluded from the base year
under this | ||||||
| 4 | paragraph, shall not be included in calculating incremental
| ||||||
| 5 | revenues if such retailer or serviceman reestablishes such | ||||||
| 6 | business in the
redevelopment project area.
| ||||||
| 7 | For State fiscal year 1992, the Department of Revenue shall
| ||||||
| 8 | budget, and the Illinois General Assembly shall appropriate
| ||||||
| 9 | from the Illinois Tax Increment Fund in the State treasury, an | ||||||
| 10 | amount not
to exceed $18,000,000 to pay to each eligible | ||||||
| 11 | municipality the Net
State Sales Tax Increment to which such | ||||||
| 12 | municipality is entitled.
| ||||||
| 13 | Beginning on January 1, 1993, each municipality's | ||||||
| 14 | proportional share of
the Illinois Tax Increment Fund shall be | ||||||
| 15 | determined by adding the annual Net
State Sales Tax Increment | ||||||
| 16 | and the annual Net Utility Tax Increment to determine
the | ||||||
| 17 | Annual Total Increment. The ratio of the Annual Total Increment | ||||||
| 18 | of each
municipality to the Annual Total Increment for all | ||||||
| 19 | municipalities, as most
recently calculated by the Department, | ||||||
| 20 | shall determine the proportional shares
of the Illinois Tax | ||||||
| 21 | Increment Fund to be distributed to each municipality.
| ||||||
| 22 | Beginning in October, 1993, and each January, April, July | ||||||
| 23 | and October
thereafter, the Department of Revenue shall certify | ||||||
| 24 | to the Treasurer and
the Comptroller the amounts payable | ||||||
| 25 | quarter annually during the fiscal year
to each municipality | ||||||
| 26 | under this Section. The Comptroller shall promptly
then draw | ||||||
| |||||||
| |||||||
| 1 | warrants, ordering the State Treasurer to pay such amounts from
| ||||||
| 2 | the Illinois Tax Increment Fund in the State treasury.
| ||||||
| 3 | The Department of Revenue shall utilize the same periods | ||||||
| 4 | established
for determining State Sales Tax Increment to | ||||||
| 5 | determine the Municipal
Sales Tax Increment for the area within | ||||||
| 6 | a State Sales Tax
Boundary and certify such amounts to such | ||||||
| 7 | municipal treasurer who shall
transfer such amounts to the | ||||||
| 8 | special tax allocation fund.
| ||||||
| 9 | The provisions of this subsection (1) do not apply to | ||||||
| 10 | additional
municipal retailers' occupation or service | ||||||
| 11 | occupation taxes imposed by
municipalities using their home | ||||||
| 12 | rule powers or imposed pursuant to
Sections 8-11-1.3, 8-11-1.4 | ||||||
| 13 | and 8-11-1.5 of this Act. A municipality shall not
receive from | ||||||
| 14 | the State any share of the Illinois Tax Increment Fund unless | ||||||
| 15 | such
municipality deposits all its Municipal Sales Tax | ||||||
| 16 | Increment and
the local incremental real property tax revenues, | ||||||
| 17 | as provided herein, into
the appropriate special tax allocation | ||||||
| 18 | fund.
If, however, a municipality has extended the estimated | ||||||
| 19 | dates of completion of
the redevelopment project and retirement | ||||||
| 20 | of obligations to finance
redevelopment project costs by | ||||||
| 21 | municipal ordinance to December 31, 2013 under
subsection (n) | ||||||
| 22 | of Section 11-74.4-3, then that municipality shall continue to
| ||||||
| 23 | receive from the State a share of the Illinois Tax Increment | ||||||
| 24 | Fund
so long as the municipality deposits, from any funds | ||||||
| 25 | available, excluding funds
in the special tax allocation fund, | ||||||
| 26 | an amount equal
to the municipal share of the real property tax | ||||||
| |||||||
| |||||||
| 1 | increment revenues
into the special tax allocation fund during | ||||||
| 2 | the extension period.
The amount to be deposited by the | ||||||
| 3 | municipality in each of the tax years
affected by the extension | ||||||
| 4 | to December 31, 2013 shall be equal to the municipal
share of | ||||||
| 5 | the property tax increment deposited into the special tax | ||||||
| 6 | allocation
fund by the municipality for the most recent year | ||||||
| 7 | that the property tax
increment was distributed.
A municipality | ||||||
| 8 | located within
an economic development project area created | ||||||
| 9 | under the County Economic
Development Project Area Property Tax | ||||||
| 10 | Allocation Act which has abated any
portion of its property | ||||||
| 11 | taxes which otherwise would have been deposited in
its special | ||||||
| 12 | tax allocation fund shall not receive from the State the Net
| ||||||
| 13 | Sales Tax Increment.
| ||||||
| 14 | (2) A municipality which has adopted tax increment | ||||||
| 15 | allocation
financing with regard to an industrial park or | ||||||
| 16 | industrial park
conservation area, prior to January 1, 1988, | ||||||
| 17 | may by ordinance authorize the
Department of Revenue to | ||||||
| 18 | annually certify and pay from the Illinois Tax
Increment Fund | ||||||
| 19 | to such municipality for deposit in the municipality's
special | ||||||
| 20 | tax allocation fund an amount equal to the Net State Utility | ||||||
| 21 | Tax
Increment. Provided that for purposes of this Section no | ||||||
| 22 | amendments adding
additional area to the redevelopment project | ||||||
| 23 | area shall be taken into
account if such amendments are adopted | ||||||
| 24 | by the municipality after January 1,
1988. Municipalities | ||||||
| 25 | adopting an ordinance under this subsection (2) of
this Section | ||||||
| 26 | for a redevelopment project area shall not be entitled to
| ||||||
| |||||||
| |||||||
| 1 | payment of State taxes authorized under subsection (1) of this | ||||||
| 2 | Section for
the same redevelopment project area which is within | ||||||
| 3 | a State Sales Tax
Boundary. Nothing herein shall be construed | ||||||
| 4 | to prevent a municipality from
receiving payment of State taxes | ||||||
| 5 | authorized under subsection (1) of this
Section for a separate | ||||||
| 6 | redevelopment project area within a State Sales Tax
Boundary | ||||||
| 7 | that does not overlap in any way with the redevelopment project
| ||||||
| 8 | area receiving payments of State taxes pursuant to subsection | ||||||
| 9 | (2) of this
Section.
| ||||||
| 10 | A certified copy of such ordinance shall be submitted to | ||||||
| 11 | the Department
of Commerce and Economic Opportunity and the | ||||||
| 12 | Department of Revenue not later
than 30 days after the | ||||||
| 13 | effective date of the ordinance.
| ||||||
| 14 | When a municipality determines that a portion of an | ||||||
| 15 | increase in the
aggregate amount of taxes paid by industrial or | ||||||
| 16 | commercial facilities under
the Public Utilities Act, is the | ||||||
| 17 | result of an industrial or commercial
facility initiating | ||||||
| 18 | operations in the redevelopment project area with a
resulting | ||||||
| 19 | termination of such operations by such industrial or commercial
| ||||||
| 20 | facility at another location in Illinois, the Department of | ||||||
| 21 | Revenue shall be
notified by such municipality that such | ||||||
| 22 | industrial or commercial facility's
liability under the Public | ||||||
| 23 | Utility Tax Act shall be included in the base
from which tax | ||||||
| 24 | increments are calculated for purposes of State payments to
the | ||||||
| 25 | affected municipality.
| ||||||
| 26 | After receipt of the calculations by the public utility as | ||||||
| |||||||
| |||||||
| 1 | required by
subsection (4) of this Section, the Department of | ||||||
| 2 | Revenue shall annually
budget and the Illinois General Assembly | ||||||
| 3 | shall annually appropriate from
the General Revenue Fund | ||||||
| 4 | through State Fiscal Year 1989, and thereafter from
the | ||||||
| 5 | Illinois Tax Increment Fund, an amount sufficient to pay to | ||||||
| 6 | each eligible
municipality the amount of incremental revenue | ||||||
| 7 | attributable to State
electric and gas taxes as reflected by | ||||||
| 8 | the charges imposed on persons in
the project area to which | ||||||
| 9 | such municipality is entitled by comparing the
preceding | ||||||
| 10 | calendar year with the base year as determined by this Section.
| ||||||
| 11 | Beginning on January 1, 1993, each municipality's proportional | ||||||
| 12 | share of
the Illinois Tax Increment Fund shall be determined by | ||||||
| 13 | adding the annual Net
State Utility Tax Increment and the | ||||||
| 14 | annual Net Utility Tax Increment to
determine the Annual Total | ||||||
| 15 | Increment. The ratio of the Annual Total Increment
of each | ||||||
| 16 | municipality to the Annual Total Increment for all | ||||||
| 17 | municipalities, as
most recently calculated by the Department, | ||||||
| 18 | shall determine the proportional
shares of the Illinois Tax | ||||||
| 19 | Increment Fund to be distributed to each
municipality.
| ||||||
| 20 | A municipality shall not receive any share of the Illinois | ||||||
| 21 | Tax
Increment Fund from the State unless such municipality | ||||||
| 22 | imposes the maximum
municipal charges authorized pursuant to | ||||||
| 23 | Section 9-221 of the
Public Utilities Act and deposits all | ||||||
| 24 | municipal utility tax incremental
revenues as certified by the | ||||||
| 25 | public utilities, and all local real estate
tax increments into | ||||||
| 26 | such municipality's special tax allocation fund.
| ||||||
| |||||||
| |||||||
| 1 | (3) Within 30 days after the adoption of the ordinance | ||||||
| 2 | required by either
subsection (1) or subsection (2) of this | ||||||
| 3 | Section, the municipality shall
transmit to the Department of | ||||||
| 4 | Commerce and Economic Opportunity and the
Department of Revenue | ||||||
| 5 | the following:
| ||||||
| 6 | (a) if applicable, a certified copy of the ordinance | ||||||
| 7 | required by
subsection (1) accompanied by a complete list | ||||||
| 8 | of street names and the range
of street numbers of each | ||||||
| 9 | street located within the redevelopment project
area for | ||||||
| 10 | which payments are to be made under this Section in both | ||||||
| 11 | the base
year and in the year preceding the payment year; | ||||||
| 12 | and the addresses of persons
registered with the Department | ||||||
| 13 | of Revenue; and, the name under which each such
retailer or | ||||||
| 14 | serviceman conducts business at that address, if different | ||||||
| 15 | from the
corporate name; and the Illinois Business Tax | ||||||
| 16 | Number of each such person (The
municipality shall update | ||||||
| 17 | this list in the event of a revision of the
redevelopment | ||||||
| 18 | project area, or the opening or closing or name change of | ||||||
| 19 | any
street or part thereof in the redevelopment project | ||||||
| 20 | area, or if the Department
of Revenue informs the | ||||||
| 21 | municipality of an addition or deletion pursuant to the
| ||||||
| 22 | monthly updates given by the Department.);
| ||||||
| 23 | (b) if applicable, a certified copy of the ordinance | ||||||
| 24 | required by
subsection (2) accompanied by a complete list | ||||||
| 25 | of street names and range of
street numbers of each street | ||||||
| 26 | located within the redevelopment project
area, the utility | ||||||
| |||||||
| |||||||
| 1 | customers in the project area, and the utilities serving
| ||||||
| 2 | the redevelopment project areas;
| ||||||
| 3 | (c) certified copies of the ordinances approving the | ||||||
| 4 | redevelopment plan
and designating the redevelopment | ||||||
| 5 | project area;
| ||||||
| 6 | (d) a copy of the redevelopment plan as approved by the | ||||||
| 7 | municipality;
| ||||||
| 8 | (e) an opinion of legal counsel that the municipality | ||||||
| 9 | had complied with
the requirements of this Act; and
| ||||||
| 10 | (f) a certification by the chief executive officer of | ||||||
| 11 | the municipality
that with regard to a redevelopment | ||||||
| 12 | project area: (1) the municipality has
committed all of the | ||||||
| 13 | municipal tax increment created pursuant to this Act
for | ||||||
| 14 | deposit in the special tax allocation fund, (2) the | ||||||
| 15 | redevelopment
projects described in the redevelopment plan | ||||||
| 16 | would not be completed without
the use of State incremental | ||||||
| 17 | revenues pursuant to this
Act, (3) the municipality will | ||||||
| 18 | pursue the implementation of the redevelopment
plan in an | ||||||
| 19 | expeditious manner, (4) the incremental revenues created
| ||||||
| 20 | pursuant to this Section will be exclusively utilized for | ||||||
| 21 | the development
of the redevelopment project area, and (5) | ||||||
| 22 | the increased revenue created
pursuant to this Section | ||||||
| 23 | shall be used exclusively to pay
redevelopment project | ||||||
| 24 | costs as defined in this Act.
| ||||||
| 25 | (4) The Department of Revenue upon receipt of the | ||||||
| 26 | information set forth
in paragraph (b) of subsection (3) shall | ||||||
| |||||||
| |||||||
| 1 | immediately forward such
information to each public utility | ||||||
| 2 | furnishing natural gas or electricity to
buildings within the | ||||||
| 3 | redevelopment project area. Upon receipt of such
information, | ||||||
| 4 | each public utility shall promptly:
| ||||||
| 5 | (a) provide to the Department of Revenue and the
| ||||||
| 6 | municipality separate lists of the names and addresses of | ||||||
| 7 | persons within
the redevelopment project area receiving | ||||||
| 8 | natural gas or electricity from
such public utility. Such | ||||||
| 9 | list shall be updated as necessary by the public
utility. | ||||||
| 10 | Each month thereafter the public utility shall furnish the
| ||||||
| 11 | Department of Revenue and the municipality with an itemized | ||||||
| 12 | listing of
charges imposed pursuant to Sections 9-221 and | ||||||
| 13 | 9-222 of the Public
Utilities Act on persons within the | ||||||
| 14 | redevelopment project area.
| ||||||
| 15 | (b) determine the amount of charges imposed pursuant to | ||||||
| 16 | Sections 9-221
and 9-222 of the Public Utilities Act on | ||||||
| 17 | persons in the redevelopment
project area during the base | ||||||
| 18 | year, both as a result of municipal taxes on
electricity | ||||||
| 19 | and gas and as a result of State taxes on electricity and | ||||||
| 20 | gas
and certify such amounts both to the municipality and | ||||||
| 21 | the Department of
Revenue; and
| ||||||
| 22 | (c) determine the amount of charges imposed pursuant to | ||||||
| 23 | Sections 9-221
and 9-222 of the Public Utilities Act on | ||||||
| 24 | persons in the redevelopment
project area on a monthly | ||||||
| 25 | basis during the base year, both as a result of
State and | ||||||
| 26 | municipal taxes on electricity and gas and certify such | ||||||
| |||||||
| |||||||
| 1 | separate
amounts both to the municipality and the | ||||||
| 2 | Department of Revenue.
| ||||||
| 3 | After the determinations are made in paragraphs (b) and | ||||||
| 4 | (c), the public
utility shall monthly during the existence of | ||||||
| 5 | the redevelopment project
area notify the Department of Revenue | ||||||
| 6 | and the municipality of any increase
in charges over the base | ||||||
| 7 | year determinations made pursuant to paragraphs
(b) and (c).
| ||||||
| 8 | (5) The payments authorized under this Section shall be | ||||||
| 9 | deposited by the
municipal treasurer in the special tax | ||||||
| 10 | allocation fund of the municipality,
which for accounting | ||||||
| 11 | purposes shall identify the sources of each payment
as: | ||||||
| 12 | municipal receipts from the State retailers occupation, | ||||||
| 13 | service
occupation, use and service use taxes; and municipal | ||||||
| 14 | public utility taxes
charged to customers under the Public | ||||||
| 15 | Utilities Act and State public
utility taxes charged to | ||||||
| 16 | customers under the Public Utilities Act.
| ||||||
| 17 | (6) Before the effective date of this amendatory Act of the | ||||||
| 18 | 91st General
Assembly, any
municipality receiving payments | ||||||
| 19 | authorized under this Section
for any redevelopment project | ||||||
| 20 | area or area within a State Sales Tax
Boundary within the | ||||||
| 21 | municipality shall submit to the Department of Revenue
and to | ||||||
| 22 | the taxing districts which are sent the notice required by | ||||||
| 23 | Section
6 of this Act annually within 180 days after the close | ||||||
| 24 | of each municipal
fiscal year the following information for the | ||||||
| 25 | immediately preceding fiscal
year:
| ||||||
| 26 | (a) Any amendments to the redevelopment plan, the | ||||||
| |||||||
| |||||||
| 1 | redevelopment
project area, or the State Sales Tax | ||||||
| 2 | Boundary.
| ||||||
| 3 | (b) Audited financial statements of the special tax | ||||||
| 4 | allocation fund.
| ||||||
| 5 | (c) Certification of the Chief Executive Officer of the | ||||||
| 6 | municipality
that the municipality has complied with all of | ||||||
| 7 | the requirements of this Act
during the preceding fiscal | ||||||
| 8 | year.
| ||||||
| 9 | (d) An opinion of legal counsel that the municipality | ||||||
| 10 | is in compliance
with this Act.
| ||||||
| 11 | (e) An analysis of the special tax allocation fund | ||||||
| 12 | which sets forth:
| ||||||
| 13 | (1) the balance in the special tax allocation fund | ||||||
| 14 | at the beginning of
the fiscal year;
| ||||||
| 15 | (2) all amounts deposited in the special tax | ||||||
| 16 | allocation fund by source;
| ||||||
| 17 | (3) all expenditures from the special tax
| ||||||
| 18 | allocation fund by category of
permissible | ||||||
| 19 | redevelopment project cost; and
| ||||||
| 20 | (4) the balance in the special tax allocation fund | ||||||
| 21 | at the end of the
fiscal year including a breakdown of | ||||||
| 22 | that balance by source. Such ending
balance shall be | ||||||
| 23 | designated as surplus if it is not required for
| ||||||
| 24 | anticipated redevelopment project costs or to pay debt | ||||||
| 25 | service on bonds
issued to finance redevelopment | ||||||
| 26 | project costs, as set forth in Section
11-74.4-7 | ||||||
| |||||||
| |||||||
| 1 | hereof.
| ||||||
| 2 | (f) A description of all property purchased by the | ||||||
| 3 | municipality within
the redevelopment project area | ||||||
| 4 | including:
| ||||||
| 5 | 1. Street address
| ||||||
| 6 | 2. Approximate size or description of property
| ||||||
| 7 | 3. Purchase price
| ||||||
| 8 | 4. Seller of property.
| ||||||
| 9 | (g) A statement setting forth all activities | ||||||
| 10 | undertaken in furtherance
of the objectives of the | ||||||
| 11 | redevelopment plan, including:
| ||||||
| 12 | 1. Any project implemented in the preceding fiscal | ||||||
| 13 | year
| ||||||
| 14 | 2. A description of the redevelopment activities | ||||||
| 15 | undertaken
| ||||||
| 16 | 3. A description of any agreements entered into by | ||||||
| 17 | the municipality with
regard to the disposition or | ||||||
| 18 | redevelopment of any property within the
redevelopment | ||||||
| 19 | project area or the area within the State Sales Tax | ||||||
| 20 | Boundary.
| ||||||
| 21 | (h) With regard to any obligations issued by the | ||||||
| 22 | municipality:
| ||||||
| 23 | 1. copies of bond ordinances or resolutions
| ||||||
| 24 | 2. copies of any official statements
| ||||||
| 25 | 3. an analysis prepared by financial advisor or | ||||||
| 26 | underwriter setting
forth: (a) nature and term of | ||||||
| |||||||
| |||||||
| 1 | obligation; and (b) projected debt service
including | ||||||
| 2 | required reserves and debt coverage.
| ||||||
| 3 | (i) A certified audit report reviewing compliance with | ||||||
| 4 | this statute
performed by an independent public accountant | ||||||
| 5 | certified and licensed by the
authority of the State of | ||||||
| 6 | Illinois. The financial portion of the audit
must be | ||||||
| 7 | conducted in accordance with Standards for Audits of | ||||||
| 8 | Governmental
Organizations, Programs, Activities, and | ||||||
| 9 | Functions adopted by the
Comptroller General of the United | ||||||
| 10 | States (1981), as amended. The audit
report shall contain a | ||||||
| 11 | letter from the independent certified public accountant
| ||||||
| 12 | indicating compliance or noncompliance with the | ||||||
| 13 | requirements
of subsection (q) of Section 11-74.4-3. If the | ||||||
| 14 | audit indicates
that expenditures are not in compliance | ||||||
| 15 | with the law, the Department of
Revenue shall withhold | ||||||
| 16 | State sales and utility tax increment payments to the
| ||||||
| 17 | municipality until compliance has been reached, and an | ||||||
| 18 | amount equal to the
ineligible expenditures has been | ||||||
| 19 | returned to the Special Tax Allocation Fund.
| ||||||
| 20 | (6.1) After July 29, 1988 and before the effective date of | ||||||
| 21 | this amendatory
Act of the 91st General Assembly,
any funds | ||||||
| 22 | which have not been designated for
use in a specific | ||||||
| 23 | development project in the annual report shall be
designated as | ||||||
| 24 | surplus.
No funds may be held in the Special Tax Allocation | ||||||
| 25 | Fund for more than 36 months
from the date of receipt unless | ||||||
| 26 | the money is required for payment of
contractual obligations | ||||||
| |||||||
| |||||||
| 1 | for specific development project costs. If held for
more than | ||||||
| 2 | 36 months in violation of the preceding sentence, such funds | ||||||
| 3 | shall be
designated as surplus. Any funds
designated as surplus | ||||||
| 4 | must first be used for early redemption of any bond
| ||||||
| 5 | obligations. Any funds designated as surplus which are not | ||||||
| 6 | disposed of as
otherwise provided in this paragraph, shall be | ||||||
| 7 | distributed as
surplus as
provided in Section 11-74.4-7.
| ||||||
| 8 | (7) Any appropriation made pursuant to this Section for the | ||||||
| 9 | 1987 State
fiscal year shall not exceed the amount of $7 | ||||||
| 10 | million and for the 1988
State fiscal year the amount of $10 | ||||||
| 11 | million. The amount which shall be
distributed to each | ||||||
| 12 | municipality shall be the incremental revenue to which
each | ||||||
| 13 | municipality is entitled as calculated by the Department of | ||||||
| 14 | Revenue,
unless the requests of the municipality exceed the | ||||||
| 15 | appropriation,
then the amount to which each municipality shall | ||||||
| 16 | be entitled shall be
prorated among the municipalities in the | ||||||
| 17 | same proportion as the increment to
which the municipality | ||||||
| 18 | would be entitled bears to the total increment which all
| ||||||
| 19 | municipalities would receive in the absence of this limitation, | ||||||
| 20 | provided that
no municipality may receive an amount in excess | ||||||
| 21 | of 15% of the appropriation.
For the 1987 Net State Sales Tax | ||||||
| 22 | Increment payable in Fiscal Year 1989, no
municipality shall | ||||||
| 23 | receive more than 7.5% of the total appropriation; provided,
| ||||||
| 24 | however, that any of the appropriation remaining after such | ||||||
| 25 | distribution shall
be prorated among municipalities on the | ||||||
| 26 | basis of their pro rata share of the
total increment. Beginning | ||||||
| |||||||
| |||||||
| 1 | on January 1, 1993, each municipality's proportional
share of | ||||||
| 2 | the Illinois Tax Increment Fund shall be determined by adding | ||||||
| 3 | the
annual Net State Sales Tax Increment and the annual Net | ||||||
| 4 | Utility Tax Increment
to determine the Annual Total Increment. | ||||||
| 5 | The ratio of the Annual Total
Increment of each municipality to | ||||||
| 6 | the Annual Total Increment for all
municipalities, as most | ||||||
| 7 | recently calculated by the Department, shall determine
the | ||||||
| 8 | proportional shares of the Illinois Tax Increment Fund to be | ||||||
| 9 | distributed to
each municipality.
| ||||||
| 10 | (7.1) No distribution of Net State Sales Tax Increment
to a | ||||||
| 11 | municipality for an area within a State Sales Tax Boundary | ||||||
| 12 | shall
exceed in any State Fiscal Year an amount equal
to 3 | ||||||
| 13 | times the sum of the Municipal Sales Tax Increment, the real
| ||||||
| 14 | property tax increment and deposits of funds from other | ||||||
| 15 | sources, excluding
state and federal funds, as certified by the | ||||||
| 16 | city treasurer to the
Department of Revenue for an area within | ||||||
| 17 | a State Sales Tax Boundary. After
July 29, 1988, for those | ||||||
| 18 | municipalities which issue bonds between June 1,
1988 and 3 | ||||||
| 19 | years from July 29, 1988 to finance redevelopment projects
| ||||||
| 20 | within the area in a State Sales Tax Boundary, the distribution | ||||||
| 21 | of Net
State Sales Tax Increment during the 16th through 20th | ||||||
| 22 | years from the date
of issuance of the bonds shall not exceed | ||||||
| 23 | in any State Fiscal Year an
amount equal to 2 times the sum of | ||||||
| 24 | the Municipal Sales Tax Increment, the
real property tax | ||||||
| 25 | increment and deposits of funds from other sources,
excluding | ||||||
| 26 | State and federal funds.
| ||||||
| |||||||
| |||||||
| 1 | (8) Any person who knowingly files or causes to be filed | ||||||
| 2 | false
information for the purpose of increasing the amount of | ||||||
| 3 | any State tax
incremental revenue commits a Class A | ||||||
| 4 | misdemeanor.
| ||||||
| 5 | (9) The following procedures shall be followed to determine | ||||||
| 6 | whether
municipalities have complied with the Act for the | ||||||
| 7 | purpose of receiving
distributions after July 1, 1989 pursuant | ||||||
| 8 | to subsection (1) of this
Section 11-74.4-8a.
| ||||||
| 9 | (a) The Department of Revenue shall conduct a | ||||||
| 10 | preliminary review of the
redevelopment project areas and | ||||||
| 11 | redevelopment plans pertaining to those
municipalities | ||||||
| 12 | receiving payments from the State pursuant to subsection | ||||||
| 13 | (1) of
Section 8a of this Act for the purpose of | ||||||
| 14 | determining compliance with the
following standards:
| ||||||
| 15 | (1) For any municipality with a population of more | ||||||
| 16 | than 12,000 as
determined by the 1980 U.S. Census: (a) | ||||||
| 17 | the
redevelopment project area, or in the case of a | ||||||
| 18 | municipality which has more
than one redevelopment | ||||||
| 19 | project area, each such area, must be contiguous and | ||||||
| 20 | the
total of all such areas shall not comprise more | ||||||
| 21 | than 25% of the
area within the municipal boundaries | ||||||
| 22 | nor more than 20% of the equalized
assessed value of | ||||||
| 23 | the municipality; (b) the aggregate amount of 1985
| ||||||
| 24 | taxes in the redevelopment project area, or in the case | ||||||
| 25 | of a municipality
which has more than one redevelopment | ||||||
| 26 | project area, the total of all such
areas, shall be not | ||||||
| |||||||
| |||||||
| 1 | more than 25% of the total base year taxes paid by
| ||||||
| 2 | retailers and servicemen on transactions at places of | ||||||
| 3 | business located
within the municipality under the | ||||||
| 4 | Retailers' Occupation Tax Act, the Use
Tax Act, the | ||||||
| 5 | Service Use Tax Act, and the Service Occupation Tax | ||||||
| 6 | Act.
Redevelopment project areas created prior to 1986 | ||||||
| 7 | are not subject to the
above standards if their | ||||||
| 8 | boundaries were not amended in 1986.
| ||||||
| 9 | (2) For any municipality with a population of | ||||||
| 10 | 12,000 or less as
determined by the 1980 U.S. Census: | ||||||
| 11 | (a) the redevelopment project area, or
in the case of a | ||||||
| 12 | municipality which has more than one redevelopment | ||||||
| 13 | project
area, each such area, must be contiguous and | ||||||
| 14 | the total of all such areas
shall not comprise more | ||||||
| 15 | than 35% of the area within the municipal
boundaries | ||||||
| 16 | nor more than 30% of the equalized assessed value of | ||||||
| 17 | the
municipality; (b) the aggregate amount of 1985 | ||||||
| 18 | taxes in the redevelopment
project area, or in the case | ||||||
| 19 | of a municipality which has more than one
redevelopment | ||||||
| 20 | project area, the total of all such areas, shall not be | ||||||
| 21 | more
than 35% of the total base year taxes paid by | ||||||
| 22 | retailers and servicemen on
transactions at places of | ||||||
| 23 | business located within the municipality under
the | ||||||
| 24 | Retailers' Occupation Tax Act, the Use Tax Act, the | ||||||
| 25 | Service Use Tax
Act, and the Service Occupation Tax | ||||||
| 26 | Act. Redevelopment project areas
created prior to 1986 | ||||||
| |||||||
| |||||||
| 1 | are not subject to the above standards if their
| ||||||
| 2 | boundaries were not amended in 1986.
| ||||||
| 3 | (3) Such preliminary review of the redevelopment | ||||||
| 4 | project areas
applying the above standards shall be | ||||||
| 5 | completed by November 1, 1988, and on
or before | ||||||
| 6 | November 1, 1988, the Department shall notify each | ||||||
| 7 | municipality by
certified mail, return receipt | ||||||
| 8 | requested that either (1) the Department
requires | ||||||
| 9 | additional time in which to complete its preliminary | ||||||
| 10 | review; or
(2) the Department is issuing either (a) a | ||||||
| 11 | Certificate of Eligibility or
(b) a Notice of Review. | ||||||
| 12 | If the Department notifies a municipality that it
| ||||||
| 13 | requires additional time to complete its preliminary | ||||||
| 14 | investigation, it
shall complete its preliminary | ||||||
| 15 | investigation no later than February 1,
1989, and by | ||||||
| 16 | February 1, 1989 shall issue to each municipality | ||||||
| 17 | either (a) a
Certificate of Eligibility or (b) a Notice | ||||||
| 18 | of Review. A redevelopment
project area for which a | ||||||
| 19 | Certificate of Eligibility has been issued shall
be | ||||||
| 20 | deemed a "State Sales Tax Boundary."
| ||||||
| 21 | (4) The Department of Revenue shall also issue a | ||||||
| 22 | Notice of Review if the
Department has received a | ||||||
| 23 | request by November 1, 1988 to conduct such
a review | ||||||
| 24 | from taxpayers in the municipality, local taxing | ||||||
| 25 | districts located
in the municipality or the State of | ||||||
| 26 | Illinois, or if the redevelopment
project area has more | ||||||
| |||||||
| |||||||
| 1 | than 5 retailers and has had growth in State sales
tax | ||||||
| 2 | revenue of more than 15% from calendar year 1985 to | ||||||
| 3 | 1986.
| ||||||
| 4 | (b) For those municipalities receiving a Notice of | ||||||
| 5 | Review, the
Department will conduct a secondary review | ||||||
| 6 | consisting of: (i) application
of the above standards | ||||||
| 7 | contained in subsection (9)(a)(1)(a) and (b) or
| ||||||
| 8 | (9)(a)(2)(a) and (b), and (ii) the definitions of blighted | ||||||
| 9 | and conservation
area provided for in Section 11-74.4-3. | ||||||
| 10 | Such secondary review shall be
completed by July 1, 1989.
| ||||||
| 11 | Upon completion of the secondary review, the | ||||||
| 12 | Department will issue (a) a
Certificate of Eligibility or | ||||||
| 13 | (b) a Preliminary Notice of Deficiency. Any
municipality | ||||||
| 14 | receiving a Preliminary Notice of Deficiency may amend its
| ||||||
| 15 | redevelopment project area to meet the standards and | ||||||
| 16 | definitions set forth
in this paragraph (b). This amended | ||||||
| 17 | redevelopment project area shall become
the "State Sales | ||||||
| 18 | Tax Boundary" for purposes of determining the State Sales
| ||||||
| 19 | Tax Increment.
| ||||||
| 20 | (c) If the municipality advises the Department of its | ||||||
| 21 | intent to comply
with the requirements of paragraph (b) of | ||||||
| 22 | this subsection outlined in the
Preliminary Notice of | ||||||
| 23 | Deficiency, within 120 days of receiving such notice
from | ||||||
| 24 | the Department, the municipality shall submit | ||||||
| 25 | documentation to the
Department of the actions it has taken | ||||||
| 26 | to cure any deficiencies.
Thereafter, within 30 days of the | ||||||
| |||||||
| |||||||
| 1 | receipt of the documentation, the
Department shall either | ||||||
| 2 | issue a Certificate of Eligibility or a Final
Notice of | ||||||
| 3 | Deficiency. If the municipality fails to advise the | ||||||
| 4 | Department
of its intent to comply or fails to submit | ||||||
| 5 | adequate documentation of such
cure of deficiencies the | ||||||
| 6 | Department shall issue a Final Notice of
Deficiency that | ||||||
| 7 | provides that the municipality is ineligible for payment of
| ||||||
| 8 | the Net State Sales Tax Increment.
| ||||||
| 9 | (d) If the Department issues a final determination of | ||||||
| 10 | ineligibility, the
municipality shall have 30 days from the | ||||||
| 11 | receipt of determination to
protest and request a hearing. | ||||||
| 12 | Such hearing shall be conducted in
accordance with Sections | ||||||
| 13 | 10-25, 10-35, 10-40, and 10-50 of the Illinois | ||||||
| 14 | Administrative
Procedure Act. The decision following the | ||||||
| 15 | hearing shall be subject to
review under the Administrative | ||||||
| 16 | Review Law.
| ||||||
| 17 | (e) Any Certificate of Eligibility issued pursuant to | ||||||
| 18 | this subsection 9
shall be binding only on the State for | ||||||
| 19 | the purposes of establishing
municipal eligibility to | ||||||
| 20 | receive revenue pursuant to subsection (1)
of this Section | ||||||
| 21 | 11-74.4-8a.
| ||||||
| 22 | (f) It is the intent of this subsection that the | ||||||
| 23 | periods of time to cure
deficiencies shall be in addition | ||||||
| 24 | to all other periods of time permitted by
this Section, | ||||||
| 25 | regardless of the date by which plans were originally
| ||||||
| 26 | required to be adopted. To cure said deficiencies, however, | ||||||
| |||||||
| |||||||
| 1 | the
municipality shall be required to follow the procedures | ||||||
| 2 | and requirements
pertaining to amendments, as provided in | ||||||
| 3 | Sections 11-74.4-5 and 11-74.4-6
of this Act.
| ||||||
| 4 | (10) If a municipality adopts a State Sales Tax Boundary in | ||||||
| 5 | accordance
with the provisions of subsection (9) of this | ||||||
| 6 | Section, such boundaries
shall subsequently be utilized to | ||||||
| 7 | determine Revised Initial Sales Tax
Amounts and the Net State | ||||||
| 8 | Sales Tax Increment; provided, however, that such
revised State | ||||||
| 9 | Sales Tax Boundary shall not have any effect upon the boundary | ||||||
| 10 | of
the redevelopment project area established for the purposes | ||||||
| 11 | of determining the
ad valorem taxes on real property pursuant | ||||||
| 12 | to Sections 11-74.4-7 and 11-74.4-8
of this Act nor upon the | ||||||
| 13 | municipality's authority to implement
the redevelopment plan | ||||||
| 14 | for that redevelopment project area. For any
redevelopment | ||||||
| 15 | project area with a smaller State Sales Tax Boundary within
its | ||||||
| 16 | area, the municipality may annually elect to deposit the | ||||||
| 17 | Municipal
Sales Tax Increment for the redevelopment project | ||||||
| 18 | area in the special tax
allocation fund and shall certify the | ||||||
| 19 | amount to the Department prior to
receipt of the Net State | ||||||
| 20 | Sales Tax Increment. Any municipality required by
subsection | ||||||
| 21 | (9) to establish a State Sales Tax Boundary for one or more of
| ||||||
| 22 | its redevelopment project areas shall submit all necessary | ||||||
| 23 | information
required by the Department concerning such | ||||||
| 24 | boundary and the retailers
therein, by October 1, 1989, after | ||||||
| 25 | complying with the procedures for
amendment set forth in | ||||||
| 26 | Sections 11-74.4-5 and 11-74.4-6 of this Act. Net
State Sales | ||||||
| |||||||
| |||||||
| 1 | Tax Increment produced within the State Sales Tax Boundary
| ||||||
| 2 | shall be spent only within that area. However expenditures of | ||||||
| 3 | all municipal
property tax increment and municipal sales tax | ||||||
| 4 | increment in a redevelopment
project area are not required to | ||||||
| 5 | be spent within the smaller State Sales
Tax Boundary within | ||||||
| 6 | such redevelopment project area.
| ||||||
| 7 | (11) The Department of Revenue shall have the authority to | ||||||
| 8 | issue rules
and regulations for purposes of this Section.
and | ||||||
| 9 | regulations for purposes of this Section.
| ||||||
| 10 | (12) If, under Section 5.4.1 of the Illinois Enterprise | ||||||
| 11 | Zone Act, a
municipality determines that property that lies | ||||||
| 12 | within a State Sales Tax
Boundary has an improvement, | ||||||
| 13 | rehabilitation, or renovation that is entitled to
a property | ||||||
| 14 | tax abatement, then that property along with any improvements,
| ||||||
| 15 | rehabilitation, or renovations shall be immediately removed | ||||||
| 16 | from any State
Sales Tax Boundary. The municipality that made | ||||||
| 17 | the determination shall notify
the Department of Revenue within | ||||||
| 18 | 30 days after the determination. Once a
property is removed | ||||||
| 19 | from the State Sales Tax Boundary because of the existence
of a | ||||||
| 20 | property tax abatement resulting from an enterprise
zone, then | ||||||
| 21 | that property shall not be permitted to
be amended into a State | ||||||
| 22 | Sales Tax Boundary.
| ||||||
| 23 | (Source: P.A. 94-793, eff. 5-19-06; revised 9-21-16.)
| ||||||
| 24 | (65 ILCS 5/11-102-2) (from Ch. 24, par. 11-102-2)
| ||||||
| 25 | Sec. 11-102-2.
Every municipality specified in Section | ||||||
| |||||||
| |||||||
| 1 | 11-102-1 may purchase,
construct, reconstruct, expand and | ||||||
| 2 | improve landing fields, landing strips,
landing floats, | ||||||
| 3 | hangars hangers, terminal buildings and other structures | ||||||
| 4 | relating
thereto and may provide terminal facilities for public | ||||||
| 5 | airports; may construct,
reconstruct and improve causeways, | ||||||
| 6 | roadways, and bridges for approaches
to or connections with the | ||||||
| 7 | landing fields, landing strips and landing floats;
and may | ||||||
| 8 | construct and maintain breakwaters for the protection of such | ||||||
| 9 | airports
with a water front. Before any work of construction is | ||||||
| 10 | commenced in, over
or upon any public waters of the state, the | ||||||
| 11 | plans and specifications therefor
shall be submitted to and | ||||||
| 12 | approved by the Department of Transportation of the
state.
| ||||||
| 13 | Submission to and approval by the Department of Transportation | ||||||
| 14 | is not
required for any work or construction undertaken as part | ||||||
| 15 | of the O'Hare
Modernization Program as defined in Section 10 of | ||||||
| 16 | the O'Hare Modernization
Act.
| ||||||
| 17 | (Source: P.A. 93-450, eff. 8-6-03; revised 10-26-16.)
| ||||||
| 18 | Section 285. The Fire Protection District Act is amended by | ||||||
| 19 | renumbering Section 11l as follows:
| ||||||
| 20 | (70 ILCS 705/11m) | ||||||
| 21 | Sec. 11m 11l. Enforcement of the Fire Investigation Act. | ||||||
| 22 | (a) The fire chief has the authority to enforce the | ||||||
| 23 | provisions of any rules adopted by the State Fire Marshal under | ||||||
| 24 | the provisions of the Fire Investigation Act or to carry out | ||||||
| |||||||
| |||||||
| 1 | the duties imposed on local officers under Section 9 of the | ||||||
| 2 | Fire Investigation Act as provided in this Section. | ||||||
| 3 | (b) In the event that a fire chief determines that a | ||||||
| 4 | dangerous condition or fire hazard is found to exist contrary | ||||||
| 5 | to the rules referred to in Section 9 of the Fire Investigation | ||||||
| 6 | Act, or if a dangerous condition or fire hazard is found to | ||||||
| 7 | exist as specified in the first paragraph of Section 9 of the | ||||||
| 8 | Fire Investigation Act, the fire chief shall order the | ||||||
| 9 | dangerous condition or fire hazard removed or remedied and | ||||||
| 10 | shall so notify the owner, occupant, or other interested person | ||||||
| 11 | in the premises. Service of the notice upon the owner, | ||||||
| 12 | occupant, or other interested person may be made in person or | ||||||
| 13 | by registered or certified mail. If the owner, occupant, or | ||||||
| 14 | other interested person cannot be located by the fire chief, | ||||||
| 15 | the fire chief may post the order upon the premises where the | ||||||
| 16 | dangerous condition or fire hazard exists. | ||||||
| 17 | (c) In the event that a fire chief determines that the | ||||||
| 18 | dangerous condition or fire hazard which has been found to | ||||||
| 19 | exist places persons occupying or present in the premises at | ||||||
| 20 | risk of imminent bodily injury or serious harm, the fire chief | ||||||
| 21 | may, as part of the order issued under subsection (b), order | ||||||
| 22 | that the premises where such condition or fire hazard exists be | ||||||
| 23 | immediately vacated and not be occupied until the fire chief | ||||||
| 24 | inspects the premises and issues a notice that the dangerous | ||||||
| 25 | condition or fire hazard is no longer present and that the | ||||||
| 26 | premises may be occupied. An order under this subsection (c) | ||||||
| |||||||
| |||||||
| 1 | shall be effective immediately and notice of the order may be | ||||||
| 2 | given by the fire chief by posting the order at premises where | ||||||
| 3 | the dangerous condition or fire hazard exists. | ||||||
| 4 | (d) In the event an owner, occupant, or other interested | ||||||
| 5 | person fails to comply with an order issued by a fire chief | ||||||
| 6 | under subsections (b) or (c), the fire chief may refer the | ||||||
| 7 | order to the State's Attorney. The State's Attorney may apply | ||||||
| 8 | to the circuit court for enforcement of the order of the fire | ||||||
| 9 | chief, as issued by the fire chief or as modified by the | ||||||
| 10 | circuit court, under the provisions of Article XI of the Code | ||||||
| 11 | of Civil Procedure by temporary restraining order, preliminary | ||||||
| 12 | injunction or permanent injunction, provided, however, that no | ||||||
| 13 | bond shall be required by the court under Section 11-103 of the | ||||||
| 14 | Code of Civil Procedure and no damages may be assessed by the | ||||||
| 15 | court under Section 11-110 of the Code of Civil Procedure. | ||||||
| 16 | (e) The provisions of this Section are supplementary to the | ||||||
| 17 | provisions of the Fire Investigation Act and do not limit the | ||||||
| 18 | authority of any fire chief or other local officers charged | ||||||
| 19 | with the responsibility of investigating fires under Section 9 | ||||||
| 20 | of the Fire Investigation Act or any other law or limit the | ||||||
| 21 | authority of the State Fire Marshal under the Fire | ||||||
| 22 | Investigation Act or any other law.
| ||||||
| 23 | (Source: P.A. 99-811, eff. 8-15-16; revised 10-19-16.)
| ||||||
| 24 | Section 290. The Park District Code is amended by changing | ||||||
| 25 | Section 9-2c as follows:
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 1205/9-2c) (from Ch. 105, par. 9-2c)
| ||||||
| 2 | Sec. 9-2c.
Whenever the proposition is submitted to the | ||||||
| 3 | voters of any
park district to levy a tax for the purpose of | ||||||
| 4 | acquiring, constructing,
maintaining, and operating airports | ||||||
| 5 | and landing fields for aircraft as
provided in Section 9-2b, | ||||||
| 6 | and a majority of the votes cast upon the
proposition is in | ||||||
| 7 | favor of the levy of such tax, the board of any such
park | ||||||
| 8 | district may provide that bonds of such park district be issued | ||||||
| 9 | for
the purpose of acquiring and constructing airports and | ||||||
| 10 | landing fields
for aircraft, or for the purpose of improving | ||||||
| 11 | and extending such
facilities when constructed. The bonds shall | ||||||
| 12 | be authorized by ordinance
of the board, shall mature serially | ||||||
| 13 | in not to exceed 20 years from their
date, and bear such rate | ||||||
| 14 | of interest as the board may determine, not,
however, to exceed | ||||||
| 15 | the maximum rate authorized by the Bond Authorization
Act, as | ||||||
| 16 | amended at the time of the making of the contract, payable
| ||||||
| 17 | semi-annually, and shall be sold by the board as it may | ||||||
| 18 | determine but for
not less than the par value thereof and | ||||||
| 19 | accrued interest. The bonds shall
be signed by the president | ||||||
| 20 | (or such official as the board may designate)
and secretary and | ||||||
| 21 | countersigned by the treasurer with the corporate seal of
the | ||||||
| 22 | district affixed. The bonds shall be authorized by the board of | ||||||
| 23 | the
district by ordinance which shall fix all the details of | ||||||
| 24 | the bonds and
provide for a levy of a tax sufficient to pay the | ||||||
| 25 | principal of and interest
on the bonds as they mature. A | ||||||
| |||||||
| |||||||
| 1 | certified copy of the ordinance shall be
filed in the office of | ||||||
| 2 | the clerk of the county wherein the park district is
situated, | ||||||
| 3 | and the county clerk shall extend a tax sufficient to pay the
| ||||||
| 4 | principal of and interest on the bonds as they mature without | ||||||
| 5 | limitation as
to rate or amount, and the county clerk shall | ||||||
| 6 | reduce the tax rate levied by
the district pursuant to Section | ||||||
| 7 | 9-2b by the amount of the rate extended
for payment of | ||||||
| 8 | principal and interest of the bonds. The clerk shall extend
the | ||||||
| 9 | tax as provided in Section 6-6. If the rate necessary to be | ||||||
| 10 | extended
for the payment of principal and interest of the bonds | ||||||
| 11 | exceeds the rate
authorized to be levied by the district, | ||||||
| 12 | pursuant to Section 9-2b, then the
rate of tax for the payment | ||||||
| 13 | of bonds and interest only shall be extended.
Where the | ||||||
| 14 | district is situated in more than one county the tax shall be
| ||||||
| 15 | certified, apportioned and levied as provided in Section 5-4.
| ||||||
| 16 | Notwithstanding the foregoing, after July 28, 1969, any park | ||||||
| 17 | district may
issue bonds under this Section for the purpose of | ||||||
| 18 | maintaining, improving or
replacing its existing airport | ||||||
| 19 | facilities or landing fields to the extent
required to conform | ||||||
| 20 | to the standards of the Department of Transportation or
of any | ||||||
| 21 | appropriate federal agency relating to a State or of federal | ||||||
| 22 | airports
plan or airways system. If such bonds are issued the | ||||||
| 23 | tax levied for the
payment of principal and interest of the | ||||||
| 24 | bonds as they mature shall be in
addition to that levied by the | ||||||
| 25 | district under Section 9-2b and the county
clerk shall extend | ||||||
| 26 | both taxes accordingly. The aggregate principal amount
of bonds | ||||||
| |||||||
| |||||||
| 1 | issued under this Section that may be outstanding at any time | ||||||
| 2 | may not
exceed 1/2 of 1% of the aggregate valuation of all | ||||||
| 3 | taxable property within
the district, as equalized or assessed | ||||||
| 4 | by the Department of Revenue. No bond
ordinance may take effect | ||||||
| 5 | nor may bonds be issued thereunder if the amount
of bonds taken | ||||||
| 6 | with the outstanding principal indebtedness under this Section
| ||||||
| 7 | exceeds the 1/2 of 1% limit unless the question of whether such | ||||||
| 8 | additional
bonds shall be issued is submitted to the legal | ||||||
| 9 | voters of the district, in
the manner provided by Section 6-4, | ||||||
| 10 | and a majority of those voting on the
proposition vote in favor | ||||||
| 11 | thereof. In no event may the principal aggregate
amount of any | ||||||
| 12 | bonds issued under such ordinance exceed, together with the
| ||||||
| 13 | principal amount of bonds previously issued under this Section | ||||||
| 14 | and then
outstanding, 1 1/4% of the aggregate valuation of all | ||||||
| 15 | taxable property
within the district, as equalized or assessed | ||||||
| 16 | by the Department of Revenue.
| ||||||
| 17 | Bonds issued under this Section are not a part of the | ||||||
| 18 | existing
indebtedness of a park district for purposes of | ||||||
| 19 | Article 6 of this Code.
| ||||||
| 20 | With respect to instruments for the payment of money issued | ||||||
| 21 | under this
Section either before, on, or after June 6, 1989 | ||||||
| 22 | (the effective date of Public Act 86-4) this amendatory
Act of | ||||||
| 23 | 1989, it is and always has been the intention of the General
| ||||||
| 24 | Assembly (i) that the Omnibus Bond Acts are and always have | ||||||
| 25 | been
supplementary grants of power to issue instruments in | ||||||
| 26 | accordance with the
Omnibus Bond Acts, regardless of any | ||||||
| |||||||
| |||||||
| 1 | provision of this Act that may appear
to be or to have been | ||||||
| 2 | more restrictive than those Acts, (ii) that the
provisions of | ||||||
| 3 | this Section are not a limitation on the supplementary
| ||||||
| 4 | authority granted by the Omnibus Bond Acts, and (iii) that | ||||||
| 5 | instruments
issued under this Section within the supplementary | ||||||
| 6 | authority granted
by the Omnibus Bond Acts are not invalid | ||||||
| 7 | because of any provision of
this Act that may appear to be or | ||||||
| 8 | to have been more restrictive than
those Acts.
| ||||||
| 9 | (Source: P.A. 86-494; revised 10-26-16.)
| ||||||
| 10 | Section 295. The Chicago Park District Act is amended by | ||||||
| 11 | changing Section 26.10-8 as follows:
| ||||||
| 12 | (70 ILCS 1505/26.10-8) | ||||||
| 13 | Sec. 26.10-8. Procedures for design-build selection. | ||||||
| 14 | (a) The Chicago Park District must use a two-phase | ||||||
| 15 | procedure for the
selection of the
successful design-build | ||||||
| 16 | entity. Phase I of the procedure will evaluate and
shortlist | ||||||
| 17 | the design-build entities based on qualifications, and Phase II
| ||||||
| 18 | will
evaluate the technical and cost proposals. | ||||||
| 19 | (b) The Chicago Park District shall include in the request | ||||||
| 20 | for proposal
the
evaluating factors to be used in Phase I. | ||||||
| 21 | These factors are in addition to any
prequalification | ||||||
| 22 | requirements of design-build entities that the Chicago Park | ||||||
| 23 | District has set
forth. Each request for proposal shall | ||||||
| 24 | establish the relative importance
assigned to each evaluation | ||||||
| |||||||
| |||||||
| 1 | factor and subfactor, including any weighting of
criteria to be | ||||||
| 2 | employed by the Chicago Park District. The Chicago Park | ||||||
| 3 | District must maintain a
record of the evaluation scoring to be | ||||||
| 4 | disclosed in event of a protest
regarding the solicitation.
| ||||||
| 5 | The Chicago Park District shall include the following | ||||||
| 6 | criteria in every
Phase I
evaluation of design-build entities: | ||||||
| 7 | (1) experience of personnel; (2)
successful
experience with | ||||||
| 8 | similar project types; (3) financial capability; (4) | ||||||
| 9 | timeliness
of past performance; (5) experience with similarly | ||||||
| 10 | sized projects; (6)
successful reference checks of the firm; | ||||||
| 11 | (7) commitment to assign personnel
for the duration of the | ||||||
| 12 | project and qualifications of the entity's consultants; and (8) | ||||||
| 13 | ability or past performance in meeting or exhausting good faith | ||||||
| 14 | efforts to meet the utilization goals for minority and women | ||||||
| 15 | business enterprises established by the corporate authorities | ||||||
| 16 | of the Chicago Park District and in complying with Section | ||||||
| 17 | 2-105 of the Illinois Human Rights Act. The Chicago Park | ||||||
| 18 | District may include any additional relevant criteria in Phase | ||||||
| 19 | I that it deems necessary for a proper qualification review.
| ||||||
| 20 | The Chicago Park District may include any additional relevant | ||||||
| 21 | criteria in
Phase I that
it deems necessary for a proper | ||||||
| 22 | qualification review.
| ||||||
| 23 | The Chicago Park District may not consider any design-build | ||||||
| 24 | entity for
evaluation or
award if the entity has any pecuniary | ||||||
| 25 | interest in the project or has other
relationships or | ||||||
| 26 | circumstances, including but not limited to, long-term
| ||||||
| |||||||
| |||||||
| 1 | leasehold, mutual performance, or development contracts with | ||||||
| 2 | the Chicago Park District,
that may give the design-build | ||||||
| 3 | entity a financial or tangible advantage over
other | ||||||
| 4 | design-build entities in the preparation, evaluation, or | ||||||
| 5 | performance of
the
design-build contract or that create the | ||||||
| 6 | appearance of impropriety. No design-build proposal shall be | ||||||
| 7 | considered that does not include an entity's plan to comply | ||||||
| 8 | with the requirements established in the minority and women | ||||||
| 9 | business enterprises and economically disadvantaged firms | ||||||
| 10 | established by the corporate authorities of the Chicago Park | ||||||
| 11 | District and with Section 2-105 of the Illinois Human Rights | ||||||
| 12 | Act.
| ||||||
| 13 | Upon completion of the qualifications evaluation, the | ||||||
| 14 | Chicago Park District shall
create a shortlist of the most | ||||||
| 15 | highly qualified design-build entities. The
Chicago Park | ||||||
| 16 | District, in its discretion, is not required to shortlist the
| ||||||
| 17 | maximum number of
entities as identified for Phase II | ||||||
| 18 | evaluation, provided however, no less than
2
design-build | ||||||
| 19 | entities nor more than 6 are selected to submit Phase II
| ||||||
| 20 | proposals.
| ||||||
| 21 | The Chicago Park District shall notify the entities | ||||||
| 22 | selected for the
shortlist in
writing. This notification shall | ||||||
| 23 | commence the period for the preparation of the
Phase II | ||||||
| 24 | technical and cost evaluations. The Chicago Park District must
| ||||||
| 25 | allow sufficient
time for the shortlist entities to prepare | ||||||
| 26 | their Phase II submittals
considering
the scope and detail | ||||||
| |||||||
| |||||||
| 1 | requested by the Chicago Park District.
| ||||||
| 2 | (c) The Chicago Park District shall include in the request | ||||||
| 3 | for proposal
the
evaluating factors to be used in the technical | ||||||
| 4 | and cost submission components
of Phase II. Each request for | ||||||
| 5 | proposal shall establish, for both the technical
and cost | ||||||
| 6 | submission components of Phase II, the relative importance | ||||||
| 7 | assigned to
each evaluation factor and subfactor, including any | ||||||
| 8 | weighting of criteria to be
employed by the Chicago Park | ||||||
| 9 | District. The Chicago Park District must
maintain a record of | ||||||
| 10 | the
evaluation scoring to be disclosed in event of a protest | ||||||
| 11 | regarding the
solicitation.
| ||||||
| 12 | The Chicago Park District shall include the following | ||||||
| 13 | criteria in every
Phase II
technical evaluation of design-build | ||||||
| 14 | entities: (1) compliance with objectives
of
the
project; (2) | ||||||
| 15 | compliance of proposed services to the request for proposal
| ||||||
| 16 | requirements; (3) quality of products or materials proposed; | ||||||
| 17 | (4) quality of
design parameters; (5) design concepts; (6) | ||||||
| 18 | innovation in meeting the scope and
performance criteria; and | ||||||
| 19 | (7) constructability of the
proposed project. The Chicago Park | ||||||
| 20 | District may include any additional
relevant
technical | ||||||
| 21 | evaluation factors it deems necessary for proper selection.
| ||||||
| 22 | The Chicago Park District shall include the following | ||||||
| 23 | criteria in every
Phase II cost
evaluation: the guaranteed | ||||||
| 24 | maximum project cost and the time of
completion. The Chicago | ||||||
| 25 | Park District may include any additional relevant
technical
| ||||||
| 26 | evaluation factors it deems necessary for proper selection. The | ||||||
| |||||||
| |||||||
| 1 | guaranteed maximum project cost criteria weighing factor shall | ||||||
| 2 | not exceed 30%.
| ||||||
| 3 | The Chicago Park District shall directly employ or retain a | ||||||
| 4 | licensed
design
professional or landscape architect design | ||||||
| 5 | professional, as appropriate, to evaluate the technical and | ||||||
| 6 | cost submissions to determine if the
technical submissions are | ||||||
| 7 | in accordance with generally
accepted industry standards.
| ||||||
| 8 | Upon completion of the technical submissions and cost | ||||||
| 9 | submissions evaluation,
the Chicago Park District may award the | ||||||
| 10 | design-build contract to the
highest
overall ranked entity.
| ||||||
| 11 | (Source: P.A. 96-777, eff. 8-28-09; revised 9-21-16.)
| ||||||
| 12 | Section 300. The Sanitary District Act of 1907 is amended | ||||||
| 13 | by changing Sections 14.4 and 24 as follows:
| ||||||
| 14 | (70 ILCS 2205/14.4) (from Ch. 42, par. 260.4)
| ||||||
| 15 | Sec. 14.4.
The board of trustees of any sanitary district | ||||||
| 16 | organized under
this Act may require that, before any person or | ||||||
| 17 | municipal corporation
connects to the sewage system of the | ||||||
| 18 | district, the district be permitted to
inspect the drainage | ||||||
| 19 | lines of the person or municipal corporation to
determine | ||||||
| 20 | whether they are adequate and suitable for connection to its
| ||||||
| 21 | sewage system. In addition to the other charges provided for in | ||||||
| 22 | this Act,
the sanitary district may collect a reasonable charge | ||||||
| 23 | for this inspection
service. Funds collected as inspection | ||||||
| 24 | charges shall be used by the
sanitary district for its general | ||||||
| |||||||
| |||||||
| 1 | corporate purposes after payment of the
costs of making the | ||||||
| 2 | inspections.
| ||||||
| 3 | (Source: Laws 1967, p. 3287; revised 9-21-16.)
| ||||||
| 4 | (70 ILCS 2205/24) (from Ch. 42, par. 270)
| ||||||
| 5 | Sec. 24.
In case any sanitary district organized hereunder, | ||||||
| 6 | shall
include within its limits, in whole or in part, any | ||||||
| 7 | drainage district or
districts organized under the laws of this | ||||||
| 8 | state having levees, drains
or ditches which are conducive to | ||||||
| 9 | sanitary purposes, such drainage
district or districts shall | ||||||
| 10 | have paid and reimbursed re-imbursed to it or them,
upon such | ||||||
| 11 | terms as may be agreed upon by its or their corporate
| ||||||
| 12 | authorities and the board of trustees of said sanitary | ||||||
| 13 | district, the
reasonable cost or value of such levee, drains or | ||||||
| 14 | ditches, which
valuation shall in no case be fixed at less than | ||||||
| 15 | any unpaid indebtedness
incurred by such district or districts | ||||||
| 16 | in contracting the same. Upon
such payment being made, the | ||||||
| 17 | sanitary district shall have the right to
appropriate and use | ||||||
| 18 | such levees, drains or ditches, or any part thereof,
as it may | ||||||
| 19 | desire, for or in connection with any improvements authorized
| ||||||
| 20 | by this act, and for or in connection with the purposes for | ||||||
| 21 | which said
sanitary district is organized; Provided, no such | ||||||
| 22 | levee, drain or ditch
shall be destroyed, removed or otherwise | ||||||
| 23 | so used as to impair its
usefulness for the purposes for which | ||||||
| 24 | the same was constructed, without
the consent of the corporate | ||||||
| 25 | authorities of such drainage district. In
case the board of | ||||||
| |||||||
| |||||||
| 1 | trustees of said sanitary district and the corporate
| ||||||
| 2 | authorities of any such drainage district shall be unable to | ||||||
| 3 | agree upon
the compensation to be paid or reimbursed | ||||||
| 4 | re-imbursed to such drainage district,
the same may be | ||||||
| 5 | ascertained and enforced by any proper proceeding in the | ||||||
| 6 | circuit court.
| ||||||
| 7 | (Source: P.A. 79-1360; revised 9-21-16.)
| ||||||
| 8 | Section 305. The North Shore Water Reclamation District Act | ||||||
| 9 | is amended by changing Section 8 as follows:
| ||||||
| 10 | (70 ILCS 2305/8) (from Ch. 42, par. 284)
| ||||||
| 11 | Sec. 8.
Such sanitary district may acquire by purchase, | ||||||
| 12 | condemnation,
or otherwise any and all real and personal | ||||||
| 13 | property, right of way and
privilege, either within or without | ||||||
| 14 | its corporate limits that may be
required for its corporate | ||||||
| 15 | purposes; and in case any district formed
hereunder shall be | ||||||
| 16 | unable to agree with any other sanitary district upon
the terms | ||||||
| 17 | under which it shall be permitted to use the drains, channels
| ||||||
| 18 | or ditches of such other sanitary district, the right to use | ||||||
| 19 | the same
may be required by condemnation in the circuit court
| ||||||
| 20 | by proceedings in the manner, as near as may be, as is provided | ||||||
| 21 | in Section
4-17 of the "Illinois Drainage Code", approved June | ||||||
| 22 | 29, 1955, as amended.
The compensation to be paid for such use | ||||||
| 23 | may be a gross sum, or it may
be in the form of an annual | ||||||
| 24 | rental, to be paid in yearly installments as
and in the manner | ||||||
| |||||||
| |||||||
| 1 | provided by the judgment of the court
wherein such proceedings | ||||||
| 2 | may be had. Provided, all moneys for the
purchase and | ||||||
| 3 | condemnation of any property shall be paid before
possession is | ||||||
| 4 | taken, or any work done on the premises damaged by the
| ||||||
| 5 | construction of such channel or outlet, and in case of an | ||||||
| 6 | appeal from
the Circuit Court taken by either party whereby the | ||||||
| 7 | amount of damages is
not finally determined, then possession | ||||||
| 8 | may be taken, provided that the
amount of judgment in such | ||||||
| 9 | court shall be deposited at some bank or savings
and loan | ||||||
| 10 | association to be
designated by the judge thereof subject to | ||||||
| 11 | the payment of such damages
on orders signed by such judge, | ||||||
| 12 | whenever the amount of damages is
finally determined; and when | ||||||
| 13 | no not longer required for such purposes, to
sell, convey, | ||||||
| 14 | vacate and release the same.
| ||||||
| 15 | (Source: P.A. 83-1362; revised 9-8-16.)
| ||||||
| 16 | Section 310. The Sanitary District Act of 1936 is amended | ||||||
| 17 | by changing Sections 32a.5, 33, 37.1, 44, and 45 as follows:
| ||||||
| 18 | (70 ILCS 2805/32a.5) (from Ch. 42, par. 443a.5)
| ||||||
| 19 | Sec. 32a.5.
Any contiguous territory located within the | ||||||
| 20 | boundaries of
any sanitary district organized under this Act, | ||||||
| 21 | and upon the border of
such district, may become disconnected | ||||||
| 22 | from such district in the manner
provided in this Section. Ten | ||||||
| 23 | per cent or more of the legal voters
resident in the territory | ||||||
| 24 | sought to be disconnected from such district,
may petition the | ||||||
| |||||||
| |||||||
| 1 | circuit court for the county in which the original
petition for | ||||||
| 2 | the organization of the district was filed, to cause the
| ||||||
| 3 | question of such disconnection to be submitted to the legal | ||||||
| 4 | voters of
such territory whether the territory shall be | ||||||
| 5 | disconnected. The petition
shall be addressed to the court and | ||||||
| 6 | shall contain a definite description
of the boundaries of such | ||||||
| 7 | territory and recite as a fact, that as of the
date the | ||||||
| 8 | petition is filed there is no bonded indebtedness of the
| ||||||
| 9 | sanitary district outstanding and that no special assessments | ||||||
| 10 | for local
improvements were levied upon or assessed against any | ||||||
| 11 | of the lands
within such territory or if so levied or assessed, | ||||||
| 12 | that all of such
assessments have been fully paid and | ||||||
| 13 | discharged and that such territory
is not, at the time of the | ||||||
| 14 | filing of such petition, and will not be,
either benefited or | ||||||
| 15 | served by any work or improvements either then
existing or then | ||||||
| 16 | authorized by the sanitary district. Upon filing such
petition | ||||||
| 17 | in the office of the circuit clerk of the county in which the
| ||||||
| 18 | original petition for the formation of such sanitary district | ||||||
| 19 | has been
filed it is the duty of the court to consider the | ||||||
| 20 | boundaries of such
territory and the facts upon which the | ||||||
| 21 | petition is founded. The court
may alter the boundaries of such | ||||||
| 22 | territory and shall deny the prayer of
the petition, if the | ||||||
| 23 | material allegations therein contained are not
founded in fact. | ||||||
| 24 | The decision of the court is appealable as in other
civil | ||||||
| 25 | cases.
| ||||||
| 26 | Notice shall be given by the court of the time and place | ||||||
| |||||||
| |||||||
| 1 | when and
where all persons interested will be heard | ||||||
| 2 | substantially as provided in
and by Section 1 of this Act. The | ||||||
| 3 | conduct of the hearing on the question whether such
territory | ||||||
| 4 | shall become disconnected shall be, as nearly as possible, in
| ||||||
| 5 | accordance with Section 1 of this Act. ; The court shall certify | ||||||
| 6 | the question
to the proper election officials who shall submit | ||||||
| 7 | the question at an election
in accordance with the general | ||||||
| 8 | election law. The question shall be in
substantially the | ||||||
| 9 | following form:
| ||||||
| 10 | -------------------------------------------------------------
| ||||||
| 11 | For disconnection from sanitary district.
| ||||||
| 12 | -------------------------------------------------------------
| ||||||
| 13 | Against disconnection from sanitary district.
| ||||||
| 14 | -------------------------------------------------------------
| ||||||
| 15 | If a majority of the votes cast on the question
shall be in | ||||||
| 16 | favor of
disconnection, and if the trustees of such sanitary | ||||||
| 17 | district shall, by
ordinance, disconnect such territory, | ||||||
| 18 | thereupon the court shall enter an
appropriate order of record | ||||||
| 19 | in the court and thereafter such
territory shall be deemed | ||||||
| 20 | disconnected from such sanitary district.
| ||||||
| 21 | (Source: P.A. 83-343; revised 9-8-16.)
| ||||||
| 22 | (70 ILCS 2805/33) (from Ch. 42, par. 444)
| ||||||
| 23 | Sec. 33.
Any sanitary district created under this Act which | ||||||
| 24 | does not
have outstanding and unpaid any revenue bonds issued | ||||||
| 25 | under the
provisions of this Act may be dissolved as follows:
| ||||||
| |||||||
| |||||||
| 1 | (a) Any 50 electors residing within the area of any | ||||||
| 2 | sanitary district may
file with the circuit clerk of the county | ||||||
| 3 | in which the area is situated,
a petition addressed to the | ||||||
| 4 | circuit court to cause submission of
the question whether
the | ||||||
| 5 | sanitary district shall be dissolved. Upon the filing of the
| ||||||
| 6 | petition with the clerk, the court shall certify the question | ||||||
| 7 | to the proper
election officials who shall submit the question | ||||||
| 8 | at an election in accordance
with the general election law,
and | ||||||
| 9 | give notice of the election in the manner provided by the
| ||||||
| 10 | general election law.
| ||||||
| 11 | The question shall be in substantially
the following form:
| ||||||
| 12 | -------------------------------------------------------------
| ||||||
| 13 | "Shall the sanitary YES
| ||||||
| 14 | district of .... be ----------------------------
| ||||||
| 15 | dissolved?"? NO
| ||||||
| 16 | -------------------------------------------------------------
| ||||||
| 17 | If a majority of the
votes cast on this question are in | ||||||
| 18 | favor of dissolution of the sanitary
district, then such | ||||||
| 19 | organization shall cease, and the sanitary district
is | ||||||
| 20 | dissolved, and the court shall direct the sanitary district to
| ||||||
| 21 | discharge all outstanding obligations.
| ||||||
| 22 | (b) The County of Lake may dissolve the Fox Lake Hills | ||||||
| 23 | Sanitary District, thereby acquiring all of the District's | ||||||
| 24 | assets and responsibilities, upon adopting a resolution | ||||||
| 25 | stating: (1) the reasons for dissolving the District; (2) that | ||||||
| 26 | there are no outstanding debts of the District or that the | ||||||
| |||||||
| |||||||
| 1 | County has sufficient funds on hand or available to satisfy | ||||||
| 2 | such debts; (3) that no federal or State permit or grant will | ||||||
| 3 | be impaired by dissolution of the District; and (4) that the | ||||||
| 4 | County assumes all assets and responsibilities of the District. | ||||||
| 5 | Upon dissolution of the District, the statutory powers of the | ||||||
| 6 | former District shall be exercised by the county board of the | ||||||
| 7 | Lake County. Within 60 days after the effective date of such | ||||||
| 8 | resolution, the County of Lake shall notify the Illinois | ||||||
| 9 | Environmental Protection Agency regarding the dissolution of | ||||||
| 10 | the Fox Hills Sanitary District. | ||||||
| 11 | (Source: P.A. 99-783, eff. 8-12-16; revised 10-26-16.)
| ||||||
| 12 | (70 ILCS 2805/37.1) | ||||||
| 13 | Sec. 37.1. Dissolution of district with no employees and no | ||||||
| 14 | bond indebtedness; winding up sanitary district business; tax | ||||||
| 15 | by acquiring municipalities. | ||||||
| 16 | (a) Any sanitary district created under this Act which is | ||||||
| 17 | located in a county having a population of 3,000,000 or more, | ||||||
| 18 | which is wholly included in 3 three or more municipalities, | ||||||
| 19 | which no part is included in any unincorporated area, which has | ||||||
| 20 | no employees, and which has no revenue bond indebtedness shall, | ||||||
| 21 | upon July 10, 2015 (the effective date of Public Act 99-14) | ||||||
| 22 | this amendatory Act of the 99th General Assembly, be dissolved | ||||||
| 23 | by operation of law. Each of the municipalities within the | ||||||
| 24 | territory of a dissolved sanitary district shall be responsible | ||||||
| 25 | for providing sewers for collecting and disposing of sewage. | ||||||
| |||||||
| |||||||
| 1 | (b) The officers of any dissolved sanitary district | ||||||
| 2 | immediately preceding July 10, 2015 (the effective date of | ||||||
| 3 | Public Act 99-14) this amendatory Act of the 99th General | ||||||
| 4 | Assembly shall close up the business affairs of the sanitary | ||||||
| 5 | district by conveying title of a dissolved sanitary district's | ||||||
| 6 | property to the municipalities collecting and disposing of | ||||||
| 7 | sewage and by liquidating any remaining personal property of a | ||||||
| 8 | dissolved sanitary district. After all the debts and | ||||||
| 9 | obligations of the dissolved sanitary district have been | ||||||
| 10 | satisfied, any remaining monies shall be distributed to the | ||||||
| 11 | municipalities collecting and disposing of sewage in | ||||||
| 12 | proportion to the percentage of territory located within the | ||||||
| 13 | boundaries of each affected municipality. | ||||||
| 14 | (c) The corporate authorities of any municipality required | ||||||
| 15 | to provide sewer service under this Section after the | ||||||
| 16 | dissolution of a sanitary district is hereby authorized to levy | ||||||
| 17 | and collect a tax for the purpose of maintaining, constructing | ||||||
| 18 | or replacing sewers, upon the taxable property within that | ||||||
| 19 | municipality, the aggregate amount of which for each year may | ||||||
| 20 | not exceed 0.25% of the value of such property as equalized or | ||||||
| 21 | assessed by the Department of Revenue and that tax shall be in | ||||||
| 22 | addition to any taxes that may otherwise be authorized to be | ||||||
| 23 | levied for the general corporate purposes of the municipality | ||||||
| 24 | as currently provided in Section 37 of this Act. Any | ||||||
| 25 | outstanding obligations of the dissolved sanitary district | ||||||
| 26 | shall be paid from the taxes levied and collected pursuant to | ||||||
| |||||||
| |||||||
| 1 | this subsection. | ||||||
| 2 | If any tax has been levied for sewer or water purposes | ||||||
| 3 | prior to July 10, 2015 (the effective date of Public Act 99-14) | ||||||
| 4 | this amendatory Act of the 99th General Assembly by a | ||||||
| 5 | municipality that who would also have the power to levy such a | ||||||
| 6 | tax under this subsection, that tax is expressly validated.
| ||||||
| 7 | (Source: P.A. 99-14, eff. 7-10-15; revised 9-8-16.)
| ||||||
| 8 | (70 ILCS 2805/44) (from Ch. 42, par. 447.8)
| ||||||
| 9 | Sec. 44. Public hearing and second resolution. At the time | ||||||
| 10 | and place fixed in the specified notice for the
public hearing, | ||||||
| 11 | the committee of local improvements shall meet and hear the
| ||||||
| 12 | representations of any person desiring to be heard on the
| ||||||
| 13 | subject of the necessity for the proposed improvement, the
| ||||||
| 14 | nature thereof or the cost as estimated. The district's
| ||||||
| 15 | engineer may revise the plans, specifications or estimate of
| ||||||
| 16 | cost at any time prior to the committee's adoption of a
| ||||||
| 17 | resolution recommending passage of an ordinance as
hereinafter | ||||||
| 18 | set forth. The committee may adopt a second or
further | ||||||
| 19 | resolution abandoning the proposed scheme or
adhering thereto, | ||||||
| 20 | or changing, altering or modifying the
extent, nature, kind, | ||||||
| 21 | character and estimated cost, provided
the change does not | ||||||
| 22 | increase the estimated cost of the
improvement to exceed 20% of | ||||||
| 23 | the estimate set forth in the
mailed notice of the public | ||||||
| 24 | hearing without a further public
hearing pursuant to a new | ||||||
| 25 | mailed notice given in like manner
as the first. Thereupon, if | ||||||
| |||||||
| |||||||
| 1 | the proposed improvement is not
abandoned, the committee shall | ||||||
| 2 | have an ordinance prepared
therefor to be submitted to the | ||||||
| 3 | board. This ordinance shall
prescribe the nature, character, | ||||||
| 4 | locality and description of
the improvement and shall provide | ||||||
| 5 | whether the improvement
shall be made wholly or in part by | ||||||
| 6 | special assessment or
special taxation of benefited property | ||||||
| 7 | and may provide that
plans and specifications for the proposed | ||||||
| 8 | improvement be
made part of the ordinance by reference to plans | ||||||
| 9 | and specifications
specification on file in the office of the | ||||||
| 10 | district's
engineer or to plans and specifications adopted or | ||||||
| 11 | published
by the State of Illinois or any political subdivision | ||||||
| 12 | or
agency thereof. If the improvement is to be paid in part
| ||||||
| 13 | only by special assessment or special taxation, the
ordinance | ||||||
| 14 | shall so state. If the improvement requires the
taking or | ||||||
| 15 | damaging of property, the ordinance shall so
state, and the | ||||||
| 16 | proceedings for making just compensation
therefor shall be as | ||||||
| 17 | described in Sections 9-2-14 through
9-2-37 of the Illinois | ||||||
| 18 | Municipal Code, as now or hereafter amended.
| ||||||
| 19 | (Source: P.A. 85-1137; revised 9-8-16.)
| ||||||
| 20 | (70 ILCS 2805/45) (from Ch. 42, par. 447.9)
| ||||||
| 21 | Sec. 45. Recommendation by committee. Accompanying any | ||||||
| 22 | ordinance for a local improvement presented
by the committee of | ||||||
| 23 | local improvements to the board shall be a
recommendation of | ||||||
| 24 | such improvement by the committee signed by at a least a
| ||||||
| 25 | majority of the members thereof, together with an estimate
of | ||||||
| |||||||
| |||||||
| 1 | the cost of the improvement, including the cost of
engineering | ||||||
| 2 | services, as originally contemplated or as
changed, altered or | ||||||
| 3 | modified at the public hearing, itemized
so far as the | ||||||
| 4 | committee deems necessary and signed by the
board's engineer. | ||||||
| 5 | The recommendation by the committee shall
be prima facie | ||||||
| 6 | evidence that all the preliminary
requirements of the law have | ||||||
| 7 | been complied with. If a
variance is shown on the proceedings | ||||||
| 8 | in the court, it shall
not affect the validity of the | ||||||
| 9 | proceeding unless the court
deems the variance willful and | ||||||
| 10 | substantial.
| ||||||
| 11 | In the event the improvement is to be constructed with
| ||||||
| 12 | assistance from any agency of the federal government or
other | ||||||
| 13 | governmental agency, the estimate of cost shall state
this fact | ||||||
| 14 | and shall set forth the estimated amount
that is to be provided | ||||||
| 15 | by the agency of the federal
government or other governmental | ||||||
| 16 | agency.
| ||||||
| 17 | The person appointed to make the assessments as
provided | ||||||
| 18 | hereinafter shall make a true and impartial
assessment upon the | ||||||
| 19 | petitioning district and the property
benefited by such | ||||||
| 20 | improvement of that portion of the
estimated cost that is | ||||||
| 21 | within the benefits exclusive of the
amount to be provided by | ||||||
| 22 | the agency of the federal
government or other governmental | ||||||
| 23 | agency.
| ||||||
| 24 | (Source: P.A. 85-1137; revised 9-7-16.)
| ||||||
| 25 | Section 315. The Surface Water Protection District Act is | ||||||
| |||||||
| |||||||
| 1 | amended by changing Section 21 as follows:
| ||||||
| 2 | (70 ILCS 3405/21) (from Ch. 42, par. 468)
| ||||||
| 3 | Sec. 21.
The board of trustees may levy and collect other | ||||||
| 4 | taxes for
all corporate purposes, including, without limiting | ||||||
| 5 | the generality of
the foregoing, the payment of all obligations | ||||||
| 6 | incurred in taking over
the surface water protection facilities | ||||||
| 7 | of any city, village, or
incorporated town located within the | ||||||
| 8 | boundaries of any such district,
exclusive of taxes to pay | ||||||
| 9 | bonded indebtedness upon all the taxable
property within the | ||||||
| 10 | territorial limits of such surface water protection
district, | ||||||
| 11 | the aggregate amount of which shall not exceed .125% of the
| ||||||
| 12 | value, as equalized or assessed by the Department of Revenue | ||||||
| 13 | except as provided
in this Section.
| ||||||
| 14 | If the board of trustees desires desire to levy such taxes | ||||||
| 15 | at a rate in
excess of .125% but not in excess of .25% of the | ||||||
| 16 | value of all taxable
property within the district as equalized | ||||||
| 17 | or assessed by the Department
of Revenue, the board of trustees | ||||||
| 18 | they shall certify the question to the proper election | ||||||
| 19 | officials
who shall submit the question at an a election in | ||||||
| 20 | accordance with the general election law.
The result of the | ||||||
| 21 | referendum shall be
entered upon the records of the district. | ||||||
| 22 | If a majority of the
votes on the proposition are in favor of | ||||||
| 23 | the proposition, the board of
trustees may levy such taxes at a | ||||||
| 24 | rate not to exceed .25% of the value
of all taxable property | ||||||
| 25 | within the district, as equalized or assessed by
the Department | ||||||
| |||||||
| |||||||
| 1 | of Revenue. The proposition shall be in substantially the | ||||||
| 2 | following form:
| ||||||
| 3 | -------------------------------------------------------------
| ||||||
| 4 | Shall the maximum allowable
| ||||||
| 5 | tax rate for .... Surface Water YES
| ||||||
| 6 | Protection District be increased
| ||||||
| 7 | to .25% of the value of all taxable -------------------
| ||||||
| 8 | property within the District as
| ||||||
| 9 | equalized or assessed by the NO
| ||||||
| 10 | Department of Revenue?
| ||||||
| 11 | -------------------------------------------------------------
| ||||||
| 12 | In any surface water protection district organized under | ||||||
| 13 | Section 4a,
the board of trustees may levy such taxes at a rate | ||||||
| 14 | in excess of .125%
but not in excess of .25% of the value of all | ||||||
| 15 | taxable property in the
district as equalized or assessed by | ||||||
| 16 | the Department of Revenue without an
election provided such tax | ||||||
| 17 | rate increase is
authorized by the owners of all the property | ||||||
| 18 | within the district.
| ||||||
| 19 | (Source: P.A. 81-1550; revised 9-7-16.)
| ||||||
| 20 | Section 320. The Metropolitan Transit Authority Act is | ||||||
| 21 | amended by changing Section 12a as follows:
| ||||||
| 22 | (70 ILCS 3605/12a) (from Ch. 111 2/3, par. 312a)
| ||||||
| 23 | Sec. 12a.
(a) In addition to other powers provided in | ||||||
| 24 | Section 12b,
the Authority may issue its notes from time to | ||||||
| |||||||
| |||||||
| 1 | time, in anticipation of
tax receipts of the Regional | ||||||
| 2 | Transportation Authority allocated to the Authority
or of other | ||||||
| 3 | revenues or receipts of the Authority, in order to provide | ||||||
| 4 | money
for the Authority to cover any cash flow deficit which | ||||||
| 5 | the Authority anticipates
incurring. Provided, however, that | ||||||
| 6 | no such notes may be issued unless the
annual cost thereof is | ||||||
| 7 | incorporated in a budget or revised budget of the
Authority | ||||||
| 8 | which has been approved by the Regional Transportation | ||||||
| 9 | Authority.
Any such notes are referred to as "Working Cash | ||||||
| 10 | Notes".
Provided further that, the board shall not issue and | ||||||
| 11 | have outstanding or
demand and direct that the Board of the | ||||||
| 12 | Regional Transportation Authority
issue and have outstanding | ||||||
| 13 | more than an aggregate of $40,000,000 in Working Cash Notes.
No | ||||||
| 14 | Working Cash
Notes shall be issued for a term of longer than 18 | ||||||
| 15 | months. Proceeds of Working
Cash Notes may be used to pay day | ||||||
| 16 | to day operating expenses of the Authority,
consisting of | ||||||
| 17 | wages, salaries and fringe benefits, professional and | ||||||
| 18 | technical
services (including legal, audit, engineering and | ||||||
| 19 | other consulting services),
office rental, furniture, fixtures | ||||||
| 20 | and equipment, insurance premiums, claims
for self-insured | ||||||
| 21 | amounts under insurance policies, public utility obligations
| ||||||
| 22 | for telephone, light, heat and similar items, travel expenses,
| ||||||
| 23 | office supplies, postage,
dues, subscriptions, public hearings | ||||||
| 24 | and information expenses, fuel purchases,
and payments of | ||||||
| 25 | grants and payments under purchase of service agreements
for | ||||||
| 26 | operations of transportation agencies, prior to the receipt by | ||||||
| |||||||
| |||||||
| 1 | the Authority
from time to time of funds for paying such | ||||||
| 2 | expenses. Proceeds of the Working
Cash Notes shall not be used | ||||||
| 3 | (i) to increase or provide a debt service
reserve fund for any | ||||||
| 4 | bonds or notes other than Working Cash Notes of the
same | ||||||
| 5 | Series, or (ii) to pay principal of or interest or redemption | ||||||
| 6 | premium
on any capital bonds or notes, whether as such amounts | ||||||
| 7 | become due or by
earlier redemption, issued by the Authority or | ||||||
| 8 | a transportation agency to
construct or acquire public | ||||||
| 9 | transportation facilities, or to provide funds
to purchase such | ||||||
| 10 | capital bonds or notes.
| ||||||
| 11 | (b) The ordinance providing for the issuance of any such | ||||||
| 12 | notes shall fix
the date or dates of maturity, the dates on | ||||||
| 13 | which interest is payable, any sinking fund
account or reserve | ||||||
| 14 | fund account provisions and all other details of such
notes and | ||||||
| 15 | may provide for such covenants or agreements necessary or | ||||||
| 16 | desirable
with regard to the issue, sale and security of such | ||||||
| 17 | notes. The Authority
shall determine and fix the rate or rates | ||||||
| 18 | of interest of its notes issued
under this Act in an ordinance | ||||||
| 19 | adopted by the Board prior to the issuance
thereof, none of | ||||||
| 20 | which rates of interest shall exceed that permitted in the Bond | ||||||
| 21 | Authorization Act
"An Act to authorize public corporations to | ||||||
| 22 | issue bonds, other evidences
of indebtedness and tax | ||||||
| 23 | anticipation warrants subject to interest rate limitations
set | ||||||
| 24 | forth therein", approved May 26, 1970, as now or hereafter | ||||||
| 25 | amended.
Interest may be payable annually or semi-annually, or | ||||||
| 26 | at such other times
as determined by the Board. Notes issued | ||||||
| |||||||
| |||||||
| 1 | under this Section may be issued
as serial or term obligations, | ||||||
| 2 | shall be of such denomination or denominations
and form, | ||||||
| 3 | including interest coupons to be attached thereto, be executed
| ||||||
| 4 | in such manner, shall be payable at such place or places and | ||||||
| 5 | bear such date
as the Board shall fix by the ordinance | ||||||
| 6 | authorizing such note and shall
mature at such time or times, | ||||||
| 7 | within a period not to exceed 18 months from
the date of issue, | ||||||
| 8 | and may be redeemable prior to maturity with or without
| ||||||
| 9 | premium, at the option of the Board, upon such terms and | ||||||
| 10 | conditions as the
Board shall fix by the ordinance authorizing | ||||||
| 11 | the issuance of such notes.
The Board may provide for the | ||||||
| 12 | registration of notes in the name of the owner
as to the | ||||||
| 13 | principal alone or as to both principal and interest, upon such
| ||||||
| 14 | terms and conditions as the Board may determine. The ordinance | ||||||
| 15 | authorizing
notes may provide for the exchange of such notes | ||||||
| 16 | which are fully registered,
as to both principal and interest, | ||||||
| 17 | with notes which are registerable as
to principal only. All | ||||||
| 18 | notes issued under this Section by the Board shall
be sold at a | ||||||
| 19 | price which may be at a premium or discount but such that the
| ||||||
| 20 | interest cost (excluding any redemption premium) to the Board | ||||||
| 21 | of the proceeds
of an issue of such notes, computed to stated | ||||||
| 22 | maturity according to standard
tables of bond values, shall not | ||||||
| 23 | exceed that permitted in the Bond Authorization Act "An Act to | ||||||
| 24 | authorize
public corporations to issue bonds, other evidences | ||||||
| 25 | of indebtedness and
tax anticipation warrants subject to | ||||||
| 26 | interest rate limitations set forth
therein", approved May 26, | ||||||
| |||||||
| |||||||
| 1 | 1970, as now or hereafter amended. Such notes
shall be sold at | ||||||
| 2 | such time or times as the Board shall determine. The notes
may | ||||||
| 3 | be sold either upon competitive bidding or by negotiated sale | ||||||
| 4 | (without
any requirement of publication of intention to | ||||||
| 5 | negotiate the sale of such
notes), as the Board shall determine | ||||||
| 6 | by ordinance adopted with the affirmative
votes of at least 4 | ||||||
| 7 | Directors. In case any officer whose signature appears
on any | ||||||
| 8 | notes or coupons authorized pursuant to this Section shall | ||||||
| 9 | cease
to be such officer before delivery of such notes, such | ||||||
| 10 | signature shall nevertheless
be valid and sufficient for all | ||||||
| 11 | purposes, the same as if such officer had remained
in office | ||||||
| 12 | until such delivery. Neither the Directors of the Regional | ||||||
| 13 | Transportation
Authority, the Directors of the Authority nor | ||||||
| 14 | any person executing any bonds
or notes thereof shall be liable | ||||||
| 15 | personally on any such bonds or notes or
coupons by reason of | ||||||
| 16 | the issuance thereof.
| ||||||
| 17 | (c) All notes of the Authority issued pursuant to this | ||||||
| 18 | Section shall be
general obligations of the Authority to which | ||||||
| 19 | shall be pledged the full
faith and credit of the Authority, as | ||||||
| 20 | provided in this Section. Such notes
shall be secured as | ||||||
| 21 | provided in the authorizing ordinance, which may, | ||||||
| 22 | notwithstanding
any other provision of this Act, include in | ||||||
| 23 | addition to any other security,
a specific pledge or assignment | ||||||
| 24 | of and lien on or security interest in any
or all tax receipts | ||||||
| 25 | of the Regional Transportation Authority allocated to
the | ||||||
| 26 | Authority and on any or all other revenues or moneys of the | ||||||
| |||||||
| |||||||
| 1 | Authority
from whatever source which may by law
be utilized for | ||||||
| 2 | debt service purposes and a specific pledge or assignment
of | ||||||
| 3 | and lien on or security interest in any funds or accounts | ||||||
| 4 | established
or provided for by the ordinance of the Board | ||||||
| 5 | authorizing the issuance of
such notes. Any such pledge, | ||||||
| 6 | assignment, lien or security interest for
the benefit of | ||||||
| 7 | holders of notes of the Authority shall be valid and binding
| ||||||
| 8 | from the time the notes are issued without any physical | ||||||
| 9 | delivery or further
act, and shall be valid and binding as | ||||||
| 10 | against and prior to the claims of
all other parties having | ||||||
| 11 | claims of any kind against the
Authority or any other person | ||||||
| 12 | irrespective of whether such other parties
have notice of such | ||||||
| 13 | pledge, assignment, lien or security interest. The
obligations | ||||||
| 14 | of the Authority incurred pursuant to this Section shall be
| ||||||
| 15 | superior to and have priority over any other obligations of the | ||||||
| 16 | Authority
except for obligations under Section 12. The Board | ||||||
| 17 | may provide in the ordinance
authorizing the issuance of any | ||||||
| 18 | notes issued pursuant to this Section for
the creation of, | ||||||
| 19 | deposits in, and regulation and disposition of sinking
fund or | ||||||
| 20 | reserve accounts relating to such notes. The ordinance | ||||||
| 21 | authorizing
the issuance of any notes pursuant to this Section | ||||||
| 22 | may contain provisions
as part of the contract with the holders | ||||||
| 23 | of the notes, for the creation
of a separate fund to provide | ||||||
| 24 | for the payment of principal and interest
on such notes and for | ||||||
| 25 | the deposit in such fund from any or all the tax receipts
of | ||||||
| 26 | the Regional Transportation Authority allocated to the | ||||||
| |||||||
| |||||||
| 1 | Authority and
from any or all such other moneys or revenues of | ||||||
| 2 | the Authority from whatever
source which may by law be utilized | ||||||
| 3 | for debt service purposes, all as provided
in such ordinance, | ||||||
| 4 | of amounts to meet the debt service requirements on such
notes, | ||||||
| 5 | including principal and interest, and any sinking fund or | ||||||
| 6 | reserve
fund account requirements as may be provided by such | ||||||
| 7 | ordinance, and all
expenses incident to or in connection with | ||||||
| 8 | such fund and accounts or the
payment of such notes. Such | ||||||
| 9 | ordinance may also provide limitations on the
issuance of | ||||||
| 10 | additional notes of the Authority. No such notes of the | ||||||
| 11 | Authority
shall constitute a debt of the State of Illinois.
| ||||||
| 12 | (d) The ordinance of the Board authorizing the issuance of | ||||||
| 13 | any notes may
provide additional security for such notes by | ||||||
| 14 | providing for appointment
of a corporate trustee (which may be | ||||||
| 15 | any trust company or bank having the
powers of a trust company | ||||||
| 16 | within the State) with respect to such notes.
The ordinance | ||||||
| 17 | shall prescribe the rights, duties and powers of the trustee
to | ||||||
| 18 | be exercised for the benefit of the Authority and the | ||||||
| 19 | protection of the
holders of such notes. The ordinance may | ||||||
| 20 | provide for the trustee to hold
in
trust, invest and use | ||||||
| 21 | amounts in funds and accounts created as provided
by the | ||||||
| 22 | ordinance with respect to the notes. The ordinance shall | ||||||
| 23 | provide
that amounts so paid to the trustee which are not | ||||||
| 24 | required to be deposited,
held or invested in funds and | ||||||
| 25 | accounts created by the ordinance with respect
to notes or used | ||||||
| 26 | for paying notes to be paid by the trustee to the Authority.
| ||||||
| |||||||
| |||||||
| 1 | (e) Any notes of the Authority issued pursuant to this | ||||||
| 2 | Section shall constitute
a contract between the Authority and | ||||||
| 3 | the holders from time to time of such
notes. In issuing any | ||||||
| 4 | note, the Board may include in the ordinance authorizing
such | ||||||
| 5 | issue a covenant as part of the contract with the holders of | ||||||
| 6 | the notes,
that as long as such obligations are outstanding, it | ||||||
| 7 | shall make such deposits,
as provided in paragraph (c) of this | ||||||
| 8 | Section. A certified copy of the ordinance
authorizing the | ||||||
| 9 | issuance of any such obligations shall be filed at or prior
to | ||||||
| 10 | the issuance of such obligations with the Regional | ||||||
| 11 | Transportation Authority,
Comptroller of the State of Illinois | ||||||
| 12 | and the Illinois Department of Revenue.
| ||||||
| 13 | (f) The State of Illinois pledges to and agrees with the | ||||||
| 14 | holders of the
notes of the Authority issued pursuant to this | ||||||
| 15 | Section that the State will
not limit or alter the rights and | ||||||
| 16 | powers vested in the Authority by this
Act or in the Regional | ||||||
| 17 | Transportation Authority by the "Regional Transportation
| ||||||
| 18 | Authority Act" so as to impair the terms of any contract made | ||||||
| 19 | by the Authority
with such holders or in any way impair the | ||||||
| 20 | rights and remedies of such holders
until such notes, together | ||||||
| 21 | with interest thereon, with interest on any unpaid
installments | ||||||
| 22 | of interest, and all costs and expenses in connection with
any | ||||||
| 23 | action or proceedings by or on behalf of such holders, are | ||||||
| 24 | fully met
and discharged. In addition, the State pledges to and | ||||||
| 25 | agrees with the holders
of the notes of the Authority issued | ||||||
| 26 | pursuant to this Section that the State
will not limit or alter | ||||||
| |||||||
| |||||||
| 1 | the basis on which State funds are to be paid to
the Authority | ||||||
| 2 | as provided in the Regional Transportation Authority Act,
or | ||||||
| 3 | the use of such funds, so as to impair the terms of any such | ||||||
| 4 | contract.
The Board is authorized to include these pledges and | ||||||
| 5 | agreements of the State
in any contract with the holders of | ||||||
| 6 | bonds or notes issued pursuant to this Section.
| ||||||
| 7 | (g) The Board shall not at any time issue, sell or deliver | ||||||
| 8 | any Interim
Financing Notes pursuant to this Section which will | ||||||
| 9 | cause it to have issued
and outstanding at any time in excess | ||||||
| 10 | of $40,000,000
of Working Cash Notes. Notes which are being | ||||||
| 11 | paid or retired by such issuance,
sale or delivery of notes, | ||||||
| 12 | and notes for which sufficient funds have been
deposited with | ||||||
| 13 | the paying agency of such notes to provide for payment of
| ||||||
| 14 | principal and interest thereon or to provide for the redemption | ||||||
| 15 | thereof,
all pursuant to the ordinance authorizing the issuance | ||||||
| 16 | of such notes, shall
not be considered to be outstanding for | ||||||
| 17 | the purposes of this paragraph.
| ||||||
| 18 | (h) The Board, subject to the terms of any agreements with | ||||||
| 19 | noteholders
as may then exist, shall have power, out of any | ||||||
| 20 | funds available therefor,
to purchase notes of the Authority | ||||||
| 21 | which shall thereupon be cancelled.
| ||||||
| 22 | (i) In addition to any other authority granted by law, the | ||||||
| 23 | State Treasurer
may, with the approval of the Governor, invest | ||||||
| 24 | or reinvest, at a price not
to exceed par, any State money in | ||||||
| 25 | the State Treasury which is not needed
for current expenditures | ||||||
| 26 | due or about to become due in Interim Financing Notes.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 96-328, eff. 8-11-09; revised 9-22-16.)
| ||||||
| 2 | Section 325. The Public Transit Employee Training Programs | ||||||
| 3 | Act is amended by changing Section 3 as follows:
| ||||||
| 4 | (70 ILCS 3620/3) (from Ch. 111 2/3, par. 803)
| ||||||
| 5 | Sec. 3. (a). All mass transit employees shall be required | ||||||
| 6 | to participate
in an anti-crime program that comprehensively | ||||||
| 7 | addresses the identification
of and reaction to potentially | ||||||
| 8 | dangerous situations involving carrier operatives
or | ||||||
| 9 | passengers.
| ||||||
| 10 | (b). The establishment of minimum standards, however, in no | ||||||
| 11 | way precludes
a carrier from implementing alternate or more | ||||||
| 12 | advanced programs so long
as said programs are:
| ||||||
| 13 | (1) consistent with the imperative of subsection (a);
| ||||||
| 14 | (2) developed in consultation with a recognized crime | ||||||
| 15 | prevention organization; and
| ||||||
| 16 | (3) carried out in consultation with the Review | ||||||
| 17 | Committee established
under Section 8 of this Act.
| ||||||
| 18 | (Source: P.A. 81-846; revised 9-12-16.)
| ||||||
| 19 | Section 330. The School Code is amended by changing | ||||||
| 20 | Sections 2-3.161, 10-22.29a, 14-6.01, 21B-70, 22-30, 27A-9, | ||||||
| 21 | 30-14.2, 34-54.2, and 34A-404, by setting forth and renumbering | ||||||
| 22 | multiple versions of Sections 2-3.167, 10-20.58, and 34-18.50, | ||||||
| 23 | and by setting forth, renumbering, and changing multiple | ||||||
| |||||||
| |||||||
| 1 | versions of Section 34-18.49 as follows:
| ||||||
| 2 | (105 ILCS 5/2-3.161) | ||||||
| 3 | Sec. 2-3.161. Definition of dyslexia; reading instruction | ||||||
| 4 | advisory group. | ||||||
| 5 | (a) The State Board of Education shall incorporate, in both | ||||||
| 6 | general education and special education, the following | ||||||
| 7 | definition of dyslexia: | ||||||
| 8 | Dyslexia is a specific learning disability that is | ||||||
| 9 | neurobiological in origin.
Dyslexia is characterized by | ||||||
| 10 | difficulties with accurate and/or fluent word
recognition | ||||||
| 11 | and by poor spelling and decoding abilities. These | ||||||
| 12 | difficulties
typically result from a deficit in the | ||||||
| 13 | phonological component of language
that is often | ||||||
| 14 | unexpected in relation to other cognitive abilities and the
| ||||||
| 15 | provision of effective classroom instruction. Secondary | ||||||
| 16 | consequences may
include problems in reading comprehension | ||||||
| 17 | and reduced reading experience that
can impede growth of | ||||||
| 18 | vocabulary and background knowledge. | ||||||
| 19 | (b) Subject to specific State appropriation or the | ||||||
| 20 | availability of private donations, the State Board of Education | ||||||
| 21 | shall establish an advisory group to develop a training module | ||||||
| 22 | or training modules to provide education and professional | ||||||
| 23 | development to teachers, school administrators, and other | ||||||
| 24 | education professionals regarding multi-sensory, systematic, | ||||||
| 25 | and sequential instruction in reading. This advisory group | ||||||
| |||||||
| |||||||
| 1 | shall complete its work before December 15, 2015 and is | ||||||
| 2 | abolished on December 15, 2015. The State Board of Education | ||||||
| 3 | shall reestablish the advisory group abolished on December 15, | ||||||
| 4 | 2015 to complete the abolished group's work. The reestablished | ||||||
| 5 | advisory group shall complete its work before December 31, 2016 | ||||||
| 6 | and is abolished on December 31, 2016. The provisions of this | ||||||
| 7 | subsection (b), other than this sentence, are inoperative after | ||||||
| 8 | December 31, 2016.
| ||||||
| 9 | (Source: P.A. 98-705, eff. 7-14-14; 99-65, eff. 7-16-15; 99-78, | ||||||
| 10 | eff. 7-20-15; 99-602, eff. 7-22-16; 99-603, eff. 7-22-16; | ||||||
| 11 | revised 9-6-16.)
| ||||||
| 12 | (105 ILCS 5/2-3.167) | ||||||
| 13 | (Section scheduled to be repealed on July 1, 2018) | ||||||
| 14 | Sec. 2-3.167. Task Force on Computer Science Education. | ||||||
| 15 | (a) The State Board of Education shall establish a Task
| ||||||
| 16 | Force on Computer Science Education, to be comprised of all of | ||||||
| 17 | the
following members, with an emphasis on bipartisan | ||||||
| 18 | legislative
representation and diverse non-legislative | ||||||
| 19 | stakeholder
representation: | ||||||
| 20 | (1) One member appointed by the Speaker of the House of
| ||||||
| 21 | Representatives. | ||||||
| 22 | (2) One member appointed by the President of the
| ||||||
| 23 | Senate. | ||||||
| 24 | (3) One member appointed by the Minority Leader of the
| ||||||
| 25 | House of Representatives. | ||||||
| |||||||
| |||||||
| 1 | (4) One member appointed by the Minority Leader of the
| ||||||
| 2 | Senate. | ||||||
| 3 | (5) One member appointed by the head of a statewide | ||||||
| 4 | association
representing teachers. | ||||||
| 5 | (6) One member appointed by the head of an association
| ||||||
| 6 | representing teachers in a city of over 500,000 people. | ||||||
| 7 | (7) One member appointed by the head of an association
| ||||||
| 8 | representing computer science teachers. | ||||||
| 9 | (8) One member appointed by the head of an association
| ||||||
| 10 | representing school boards. | ||||||
| 11 | (9) One member appointed by the head of an association
| ||||||
| 12 | representing the media. | ||||||
| 13 | (10) One member appointed by the head of an association
| ||||||
| 14 | representing the non-profit sector that promotes computer | ||||||
| 15 | science
education as a core mission. | ||||||
| 16 | (11) One member appointed by the head of an association
| ||||||
| 17 | representing the non-profit sector that promotes computer | ||||||
| 18 | science education
among the general public. | ||||||
| 19 | (12) One member appointed by the president of an
| ||||||
| 20 | institution of higher education who teaches college or
| ||||||
| 21 | graduate-level government courses or facilitates a program
| ||||||
| 22 | dedicated to cultivating computer science education. | ||||||
| 23 | (13) One member appointed by the head of an association
| ||||||
| 24 | representing principals or district superintendents. | ||||||
| 25 | (14) The chief executive officer of the school district | ||||||
| 26 | organized under Article 34 of this Code or his or her | ||||||
| |||||||
| |||||||
| 1 | designee. | ||||||
| 2 | (b) The members of the Task Force shall serve without
| ||||||
| 3 | compensation but shall be reimbursed for their reasonable and
| ||||||
| 4 | necessary expenses from funds appropriated to the State Board
| ||||||
| 5 | of Education for that purpose. The members of the Task Force
| ||||||
| 6 | shall be reimbursed for their travel expenses from
| ||||||
| 7 | appropriations to the State Board of Education available for
| ||||||
| 8 | that purpose and subject to the rules of the appropriate travel
| ||||||
| 9 | control board. | ||||||
| 10 | (c) The members of the Task Force shall be considered
| ||||||
| 11 | members with voting rights. A quorum of the Task Force shall
| ||||||
| 12 | consist of a simple majority of the members of the Task Force.
| ||||||
| 13 | All actions and recommendations of the Task Force must be
| ||||||
| 14 | approved by a simple majority vote of the members. | ||||||
| 15 | (d) The Task Force shall meet initially at the call of the
| ||||||
| 16 | State Superintendent of Education, shall elect one member as
| ||||||
| 17 | chairperson at its initial meeting through a simple majority
| ||||||
| 18 | vote of the Task Force, and shall thereafter meet at the call
| ||||||
| 19 | of the chairperson. | ||||||
| 20 | (e) The State Board of Education shall provide
| ||||||
| 21 | administrative and other support to the Task Force. | ||||||
| 22 | (f) The Task Force is charged with all of the following
| ||||||
| 23 | tasks: | ||||||
| 24 | (1) To analyze the current state of computer science | ||||||
| 25 | education in
this State. | ||||||
| 26 | (2) To analyze current computer science education laws | ||||||
| |||||||
| |||||||
| 1 | in other
jurisdictions, both mandated and permissive. | ||||||
| 2 | (3) To identify best practices in computer science | ||||||
| 3 | education in
other jurisdictions. | ||||||
| 4 | (4) To make recommendations to the General Assembly
| ||||||
| 5 | focused on substantially increasing computer science | ||||||
| 6 | education and the
capacity of youth to obtain the requisite | ||||||
| 7 | knowledge,
skills, and practices to be educated in computer | ||||||
| 8 | science. | ||||||
| 9 | (5) To make funding recommendations, if the Task | ||||||
| 10 | Force's
recommendations to the General Assembly would | ||||||
| 11 | require a
fiscal commitment. | ||||||
| 12 | (g) No later than July 1, 2017, the Task Force shall
| ||||||
| 13 | summarize its findings and recommendations in a report to the
| ||||||
| 14 | General Assembly, filed as provided in Section 3.1 of the
| ||||||
| 15 | General Assembly Organization Act. Upon filing its report, the
| ||||||
| 16 | Task Force is dissolved. | ||||||
| 17 | (h) This Section is repealed on July 1, 2018.
| ||||||
| 18 | (Source: P.A. 99-647, eff. 7-28-16.)
| ||||||
| 19 | (105 ILCS 5/2-3.168) | ||||||
| 20 | Sec. 2-3.168 2-3.167. Advisory Council on At-Risk | ||||||
| 21 | Students. | ||||||
| 22 | (a) For purposes of this Section, "at-risk students" means | ||||||
| 23 | students served by the
Department of Human Services who receive | ||||||
| 24 | services through Medicaid, the
Supplemental Nutrition | ||||||
| 25 | Assistance Program, the Children's Health Insurance Program,
| ||||||
| |||||||
| |||||||
| 1 | or Temporary Assistance for Needy Families, as well as students | ||||||
| 2 | under the legal
custody of the Department of Children and | ||||||
| 3 | Family Services. Students may not be
counted more than once for | ||||||
| 4 | receiving multiple services from the Department of Human
| ||||||
| 5 | Services or if they receive those services and are under the | ||||||
| 6 | legal custody of the
Department of Children and Family | ||||||
| 7 | Services. | ||||||
| 8 | (b) The Advisory Council on At-Risk Students is created | ||||||
| 9 | within the State Board of
Education. The Advisory Council shall | ||||||
| 10 | consist of all of the following members: | ||||||
| 11 | (1) One member of the House of Representatives | ||||||
| 12 | appointed by the Speaker of the House of Representatives. | ||||||
| 13 | (2) One member of the House of Representatives | ||||||
| 14 | appointed by the Minority Leader of the House of | ||||||
| 15 | Representatives. | ||||||
| 16 | (3) One member of the Senate appointed by the President | ||||||
| 17 | of the Senate. | ||||||
| 18 | (4) One member of the Senate appointed by the Minority | ||||||
| 19 | Leader of the Senate. | ||||||
| 20 | (5) The following members appointed by the State | ||||||
| 21 | Superintendent of Education: | ||||||
| 22 | (A) One member who is an educator representing a | ||||||
| 23 | statewide
professional teachers' organization. | ||||||
| 24 | (B) One member who is an educator representing a | ||||||
| 25 | different statewide
professional teachers' | ||||||
| 26 | organization. | ||||||
| |||||||
| |||||||
| 1 | (C) One member who is an educator representing a | ||||||
| 2 | professional
teachers' organization in a city having a | ||||||
| 3 | population exceeding
500,000. | ||||||
| 4 | (D) One member from an organization that works for | ||||||
| 5 | economic,
educational, and social progress for African | ||||||
| 6 | Americans and promotes
strong sustainable communities | ||||||
| 7 | through advocacy, collaboration, and
innovation. | ||||||
| 8 | (E) One member from an organization that | ||||||
| 9 | facilitates the involvement of
Latino Americans at all | ||||||
| 10 | levels of public decision-making. | ||||||
| 11 | (F) One member from an organization focused on | ||||||
| 12 | research-based
education policy to support a school | ||||||
| 13 | system that prepares all students
for college, a | ||||||
| 14 | career, and democratic citizenship. | ||||||
| 15 | (G) One member from an organization dedicated to | ||||||
| 16 | advocating for public
policies to prevent | ||||||
| 17 | homelessness. | ||||||
| 18 | (H) One member from the Illinois Student | ||||||
| 19 | Assistance Commission. | ||||||
| 20 | (I) One member from an organization that works to | ||||||
| 21 | ensure the health
and safety of Illinois youth and | ||||||
| 22 | families by providing capacity building
services. | ||||||
| 23 | (J) One member from an organization that provides | ||||||
| 24 | public high school
students with opportunities to | ||||||
| 25 | explore and develop their talents, while
gaining | ||||||
| 26 | critical skills for work, college, and beyond. | ||||||
| |||||||
| |||||||
| 1 | (K) One member from an organization that promotes | ||||||
| 2 | the strengths and
abilities of youth and families by | ||||||
| 3 | providing community-based services
that empower each | ||||||
| 4 | to face life's challenges with confidence,
competence, | ||||||
| 5 | and dignity. | ||||||
| 6 | (L) One member from an organization that connects | ||||||
| 7 | former members of
the foster care system with current | ||||||
| 8 | children in the foster care system. | ||||||
| 9 | (M) One member who has experience with research and | ||||||
| 10 | statistics. | ||||||
| 11 | (N) Three members who are parents of at-risk | ||||||
| 12 | students. | ||||||
| 13 | (O) One member from an organization that optimizes | ||||||
| 14 | the positive growth of at-risk youth and individuals | ||||||
| 15 | working with at-risk youth through support services. | ||||||
| 16 | (P) One member from a statewide organization | ||||||
| 17 | representing regional offices of education. | ||||||
| 18 | Members of the Council shall, to the extent possible, be | ||||||
| 19 | selected on the basis of experience with or knowledge of | ||||||
| 20 | various programs for at-risk students. The Council shall, to | ||||||
| 21 | the extent possible, include diverse membership from a variety | ||||||
| 22 | of socio-economic, racial, and
ethnic backgrounds. | ||||||
| 23 | (c) Initial members of the Council shall serve terms | ||||||
| 24 | determined by lot as follows: | ||||||
| 25 | (1) Seven members shall serve for one year. | ||||||
| 26 | (2) Seven members shall serve for 2 years. | ||||||
| |||||||
| |||||||
| 1 | (3) The remaining members shall serve for 3 years. | ||||||
| 2 | Successors shall serve 3-year terms. Members must serve until | ||||||
| 3 | their successors are appointed and have qualified. | ||||||
| 4 | (d) Members of the Council shall not receive compensation | ||||||
| 5 | for the performance of their duties on the Council. | ||||||
| 6 | (e) The Council shall initially meet at the call of the | ||||||
| 7 | State Superintendent of
Education. At the initial meeting, | ||||||
| 8 | members shall select a chairperson from among their
number by | ||||||
| 9 | majority vote; a representative from the State Board of | ||||||
| 10 | Education may cast a
deciding vote if there is a tie. The | ||||||
| 11 | Council shall select a chairperson annually, who
may be the | ||||||
| 12 | same chairperson as the year prior. The Council shall meet at | ||||||
| 13 | the
call of the chairperson after the initial meeting. | ||||||
| 14 | (f) The State Board of Education and City of Chicago School | ||||||
| 15 | District 299 shall provide administrative support to the | ||||||
| 16 | Council. | ||||||
| 17 | (g) The Council shall accept and consider public comments | ||||||
| 18 | when making its
recommendations. | ||||||
| 19 | (h) By no later than December 15, 2017, the Council shall | ||||||
| 20 | submit a report to the State
Superintendent of Education, the | ||||||
| 21 | Governor, and the General Assembly addressing, at a
minimum, | ||||||
| 22 | the following with respect to school districts where racial | ||||||
| 23 | minorities comprise a majority of the student population: | ||||||
| 24 | (1) What are the barriers to success present for | ||||||
| 25 | at-risk students? | ||||||
| 26 | (2) How much does socio-economic status impact | ||||||
| |||||||
| |||||||
| 1 | academic and career
achievement? | ||||||
| 2 | (3) How do at-risk students perform academically? | ||||||
| 3 | (4) How do at-risk students perform academically | ||||||
| 4 | compared to students from
higher socio-economic statuses? | ||||||
| 5 | (5) What programs are shown to help at-risk students | ||||||
| 6 | reach higher levels of
academic and career achievement? | ||||||
| 7 | (6) What specific curriculums help the academic | ||||||
| 8 | success of at-risk students? | ||||||
| 9 | (7) Of curriculums that help at-risk students, which of | ||||||
| 10 | these need to be
implemented within the Illinois Learning | ||||||
| 11 | Standards? | ||||||
| 12 | (8) To what degree do school districts teach cultural | ||||||
| 13 | history, and how can this be
improved? | ||||||
| 14 | (9) Specific policy recommendations to improve the | ||||||
| 15 | academic success of at-risk students. | ||||||
| 16 | (10) Any other information that the Council determines | ||||||
| 17 | will assist in the
understanding of the barriers to success | ||||||
| 18 | for or increase the academic
performance of at-risk | ||||||
| 19 | students. | ||||||
| 20 | The Council shall submit an annual report with updated | ||||||
| 21 | information on the barriers to
academic success and the | ||||||
| 22 | academic progress of at-risk students by no later than December | ||||||
| 23 | 15 of
each year beginning the year after the initial report is | ||||||
| 24 | submitted.
| ||||||
| 25 | (Source: P.A. 99-721, eff. 8-5-16; revised 10-14-16.)
| ||||||
| |||||||
| |||||||
| 1 | (105 ILCS 5/2-3.169) | ||||||
| 2 | Sec. 2-3.169 2-3.167. State Global Scholar Certification. | ||||||
| 3 | (a) The State Global Scholar Certification Program is | ||||||
| 4 | established to recognized public high school graduates who have | ||||||
| 5 | attained global competence. State Global Scholar Certification | ||||||
| 6 | shall be awarded beginning with the 2017-2018 school year. | ||||||
| 7 | School district participation in this certification is | ||||||
| 8 | voluntary. | ||||||
| 9 | (b) The purposes of State Global Scholar Certification are | ||||||
| 10 | as follows: | ||||||
| 11 | (1) To recognize the value of a global education. | ||||||
| 12 | (2) To certify attainment of global competence. | ||||||
| 13 | (3) To provide employers with a method of identifying | ||||||
| 14 | globally competent employees. | ||||||
| 15 | (4) To provide colleges and universities with an | ||||||
| 16 | additional method to recognize applicants seeking | ||||||
| 17 | admission. | ||||||
| 18 | (5) To prepare students with 21st century skills. | ||||||
| 19 | (6) To encourage the development of a globally ready | ||||||
| 20 | workforce in the STEM (science, technology, engineering, | ||||||
| 21 | and mathematics), manufacturing, agriculture, and service | ||||||
| 22 | sectors. | ||||||
| 23 | (c) State Global Scholar Certification confirms attainment | ||||||
| 24 | of global competence, sufficient for meaningful use in college | ||||||
| 25 | and a career, by a graduating public high school student. | ||||||
| 26 | (d) The State Board of Education shall adopt such rules as | ||||||
| |||||||
| |||||||
| 1 | may be necessary to establish the criteria that students must | ||||||
| 2 | achieve to earn State Global Scholar Certification, which shall | ||||||
| 3 | minimally include attainment of units of credit in globally | ||||||
| 4 | focused courses, service learning experiences, global | ||||||
| 5 | collaboration and dialogue, and passage of a capstone project | ||||||
| 6 | demonstrating global competency, as approved by the | ||||||
| 7 | participating school district for this purpose. | ||||||
| 8 | (e) The State Board of Education shall do both of the | ||||||
| 9 | following: | ||||||
| 10 | (1) Prepare and deliver to participating school | ||||||
| 11 | districts an appropriate mechanism for designating State | ||||||
| 12 | Global Scholar Certification on the diploma and transcript | ||||||
| 13 | of a student indicating that the student has been awarded | ||||||
| 14 | State Global Scholar Certification by the State Board of | ||||||
| 15 | Education. | ||||||
| 16 | (2) Provide other information the State Board of | ||||||
| 17 | Education deems necessary for school districts to | ||||||
| 18 | successfully participate in the certification. | ||||||
| 19 | (f) A school district that participates in certification | ||||||
| 20 | under this Section shall do both of the following: | ||||||
| 21 | (1) Maintain appropriate records in order to identify | ||||||
| 22 | students who have earned State Global Scholar | ||||||
| 23 | Certification. | ||||||
| 24 | (2) Make the appropriate designation on the diploma and | ||||||
| 25 | transcript of each student who earns State Global Scholar | ||||||
| 26 | Certification. | ||||||
| |||||||
| |||||||
| 1 | (g) No fee may be charged to a student to receive the | ||||||
| 2 | designation pursuant to the Section. Notwithstanding this | ||||||
| 3 | prohibition, costs may be incurred by the student in | ||||||
| 4 | demonstrating proficiency.
| ||||||
| 5 | (Source: P.A. 99-780, eff. 8-12-16; revised 10-14-16.)
| ||||||
| 6 | (105 ILCS 5/10-20.58) | ||||||
| 7 | Sec. 10-20.58. Accelerate College pilot program. School | ||||||
| 8 | districts may enter into Accelerate College educational | ||||||
| 9 | partnership agreements as authorized under Section 3-42.4 of | ||||||
| 10 | the Public Community College Act.
| ||||||
| 11 | (Source: P.A. 99-611, eff. 7-22-16.)
| ||||||
| 12 | (105 ILCS 5/10-20.59) | ||||||
| 13 | Sec. 10-20.59 10-20.58. DCFS liaison. | ||||||
| 14 | (a) Each school board may appoint at least one employee to | ||||||
| 15 | act as a liaison to facilitate the enrollment and transfer of | ||||||
| 16 | records of students in the legal custody of the Department of | ||||||
| 17 | Children and Family Services when enrolling in or changing | ||||||
| 18 | schools. The school board may appoint any employee of the | ||||||
| 19 | school district who is licensed under Article 21B of this Code | ||||||
| 20 | to act as a liaison; however, employees who meet any of the | ||||||
| 21 | following criteria must be prioritized for appointment: | ||||||
| 22 | (1) Employees who have worked with mobile student | ||||||
| 23 | populations or students in foster care. | ||||||
| 24 | (2) Employees who are familiar with enrollment, record | ||||||
| |||||||
| |||||||
| 1 | transfers, existing community services, and student | ||||||
| 2 | support services. | ||||||
| 3 | (3) Employees who serve as a high-level administrator. | ||||||
| 4 | (4) Employees who are counselors or have experience | ||||||
| 5 | with student counseling. | ||||||
| 6 | (5) Employees who are knowledgeable on child welfare | ||||||
| 7 | policies. | ||||||
| 8 | (6) Employees who serve as a school social worker. | ||||||
| 9 | (b) Liaisons under this Section are encouraged to build | ||||||
| 10 | capacity and infrastructure within their school district to | ||||||
| 11 | support students in the legal custody of the Department of | ||||||
| 12 | Children and Family Services. Liaison responsibilities may | ||||||
| 13 | include the following: | ||||||
| 14 | (1) streamlining the enrollment processes for students | ||||||
| 15 | in foster care; | ||||||
| 16 | (2) implementing student data tracking and monitoring | ||||||
| 17 | mechanisms; | ||||||
| 18 | (3) ensuring that students in the legal custody of the | ||||||
| 19 | Department of Children and Family Services receive all | ||||||
| 20 | school nutrition and meal programs available; | ||||||
| 21 | (4) coordinating student withdrawal from a school, | ||||||
| 22 | record transfers, and credit recovery; | ||||||
| 23 | (5) becoming experts on the foster care system and | ||||||
| 24 | State laws and policies in place that support children | ||||||
| 25 | under the legal custody of the Department of Children and | ||||||
| 26 | Family Services; | ||||||
| |||||||
| |||||||
| 1 | (6) coordinating with child welfare partners; | ||||||
| 2 | (7) providing foster care-related information and | ||||||
| 3 | training to the school district; | ||||||
| 4 | (8) working with the Department of Children and Family | ||||||
| 5 | Services to help students maintain their school placement, | ||||||
| 6 | if appropriate; | ||||||
| 7 | (9) reviewing student schedules to ensure that | ||||||
| 8 | students are on track to graduate; | ||||||
| 9 | (10) encouraging a successful transition into | ||||||
| 10 | adulthood and post-secondary opportunities; | ||||||
| 11 | (11) encouraging involvement in extracurricular | ||||||
| 12 | activities; and | ||||||
| 13 | (12) knowing what support is available within the | ||||||
| 14 | school district and community for students in the legal | ||||||
| 15 | custody of the Department of Children and Family Services. | ||||||
| 16 | (c) A school district is encouraged to designate a liaison | ||||||
| 17 | by the beginning of the 2017-2018 school year. | ||||||
| 18 | (d) Individuals licensed under Article 21B of this Code | ||||||
| 19 | acting as a liaison under this Section shall perform the duties | ||||||
| 20 | of a liaison in addition to existing contractual obligations.
| ||||||
| 21 | (Source: P.A. 99-781, eff. 8-12-16; revised 10-18-16.)
| ||||||
| 22 | (105 ILCS 5/10-22.29a) (from Ch. 122, par. 10-22.29a)
| ||||||
| 23 | Sec. 10-22.29a.
To authorize the establishment of an | ||||||
| 24 | investment club,
in any high school within the district, to be | ||||||
| 25 | organized on a purely
voluntary basis. The State Board of | ||||||
| |||||||
| |||||||
| 1 | Education may, however,
promulgate reasonable standards | ||||||
| 2 | regarding the establishment,
organization and operation of | ||||||
| 3 | investment clubs formed pursuant to this
Section which | ||||||
| 4 | standards must be complied with by all those concerned.
The | ||||||
| 5 | superintendent of schools shall, when the board has authorized | ||||||
| 6 | the
establishment of an investment club, designate a teacher in | ||||||
| 7 | the high
school where the club is organized to serve as sponsor | ||||||
| 8 | of the club and
as the fiduciary for members of the club in | ||||||
| 9 | making the purchases and
sales of securities on behalf of the | ||||||
| 10 | members and shall also designate an
investment dealer | ||||||
| 11 | registered with the Secretary of State of Illinois as
an | ||||||
| 12 | investment dealer; to provide investment counseling and | ||||||
| 13 | brokerage
services for the members of the club. That investment | ||||||
| 14 | dealer shall (a)
reflect all transactions entered into on | ||||||
| 15 | behalf of the investment club
in an account in the name of the | ||||||
| 16 | teacher as fiduciary, (b) submit
monthly to the fiduciary a | ||||||
| 17 | statement of account reflecting all
transactions entered into | ||||||
| 18 | on behalf of the club during the previous
month including the | ||||||
| 19 | prices paid on purchases and the proceeds received
on sales of | ||||||
| 20 | securities and the costs and fees incurred in each
transaction | ||||||
| 21 | and listing the accumulated holdings of the investment club
by | ||||||
| 22 | type of security, number of shares of stock, name of the issuer | ||||||
| 23 | and
any other information necessary to identify the composition | ||||||
| 24 | of the
accumulated security holdings of the club, and (c) | ||||||
| 25 | handle transactions
on behalf of the club, through the | ||||||
| 26 | designated fiduciary as a street
account rather than through | ||||||
| |||||||
| |||||||
| 1 | issuance of certificates in the name of the
fiduciary or of | ||||||
| 2 | individual club members. Any investment club formed
under this | ||||||
| 3 | Section must sell all securities purchased through the club
and | ||||||
| 4 | distribute the proceeds of sales to its members by May 20th | ||||||
| 5 | each
year. All investment clubs are subject to the provisions | ||||||
| 6 | of the "The
Illinois Securities Law of 1953", as amended.
| ||||||
| 7 | (Source: P.A. 81-1508; revised 10-25-16.)
| ||||||
| 8 | (105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
| ||||||
| 9 | Sec. 14-6.01. Powers and duties of school boards. School | ||||||
| 10 | boards of
one or more school districts establishing and | ||||||
| 11 | maintaining any of the
educational facilities described in this | ||||||
| 12 | Article shall, in connection
therewith, exercise similar | ||||||
| 13 | powers and duties as are prescribed by law
for the | ||||||
| 14 | establishment, maintenance and management of other recognized
| ||||||
| 15 | educational facilities. Such school boards shall include only | ||||||
| 16 | eligible
children in the program and shall comply with all the | ||||||
| 17 | requirements of
this Article and all rules and regulations | ||||||
| 18 | established by the State
Board of Education. Such school boards | ||||||
| 19 | shall accept in part-time
attendance children with | ||||||
| 20 | disabilities of the types
described in Sections
14-1.02 through | ||||||
| 21 | 14-1.07 who are enrolled in nonpublic schools. A
request for | ||||||
| 22 | part-time attendance must be submitted by a parent or
guardian | ||||||
| 23 | of the child with a disability and may be made
only to those | ||||||
| 24 | public
schools located in the district where the child | ||||||
| 25 | attending the nonpublic
school resides; however, nothing in | ||||||
| |||||||
| |||||||
| 1 | this Section shall be construed as
prohibiting an agreement | ||||||
| 2 | between the district where the child resides
and another public | ||||||
| 3 | school district to provide special educational
services if such | ||||||
| 4 | an arrangement is deemed more convenient and
economical. | ||||||
| 5 | Special education and related services must be provided in | ||||||
| 6 | accordance with the student's IEP no later than 10 school | ||||||
| 7 | attendance days after notice is provided to the parents | ||||||
| 8 | pursuant to Section 300.503 of Title 34 of the Code of Federal | ||||||
| 9 | Regulations and implementing rules adopted by the State Board | ||||||
| 10 | of Education. Transportation for students in part time | ||||||
| 11 | attendance shall be
provided only if required in the child's | ||||||
| 12 | individualized educational program
on the basis of the child's | ||||||
| 13 | disabling condition or as the
special education
program | ||||||
| 14 | location may require.
| ||||||
| 15 | A school board shall publish a public notice in its | ||||||
| 16 | newsletter of
general circulation or in the newsletter of | ||||||
| 17 | another governmental entity of
general circulation in the | ||||||
| 18 | district or if neither is available in the
district, then in a | ||||||
| 19 | newspaper of general circulation in the district, the
right of | ||||||
| 20 | all children with disabilities to a free
appropriate public | ||||||
| 21 | education
as provided under this Code. Such notice shall | ||||||
| 22 | identify the location and
phone number of the office or agent | ||||||
| 23 | of the school district to whom
inquiries should be directed | ||||||
| 24 | regarding the identification, assessment and
placement of such | ||||||
| 25 | children.
| ||||||
| 26 | School boards shall immediately provide upon request by any | ||||||
| |||||||
| |||||||
| 1 | person
written materials and other information that indicates | ||||||
| 2 | the specific
policies, procedures, rules and regulations | ||||||
| 3 | regarding the identification,
evaluation or educational | ||||||
| 4 | placement of children with
disabilities under Section
14-8.02 | ||||||
| 5 | of the School Code. Such information shall include information
| ||||||
| 6 | regarding all rights and entitlements of such children under | ||||||
| 7 | this Code, and
of the opportunity to present complaints with | ||||||
| 8 | respect to any matter
relating to educational placement of the | ||||||
| 9 | student, or the provision of a
free appropriate public | ||||||
| 10 | education and to have an impartial due process
hearing on the | ||||||
| 11 | complaint. The notice shall inform the parents or guardian
in | ||||||
| 12 | the parents' or guardian's native language, unless it is | ||||||
| 13 | clearly not
feasible to do so, of their rights and all | ||||||
| 14 | procedures available pursuant to
this Act and federal Public | ||||||
| 15 | Law 94-142; it shall be the responsibility of
the State | ||||||
| 16 | Superintendent to develop uniform notices setting forth the
| ||||||
| 17 | procedures available under this Act and federal Public Law | ||||||
| 18 | 94-142, as
amended, to be used by all school boards. The notice | ||||||
| 19 | shall also inform the
parents or guardian of the availability | ||||||
| 20 | upon request of a list of free or
low-cost legal and other | ||||||
| 21 | relevant services available locally to assist
parents or | ||||||
| 22 | guardians in exercising rights or entitlements under this Code.
| ||||||
| 23 | Any parent or guardian who is deaf, or does not normally | ||||||
| 24 | communicate
using spoken English, who participates in a meeting | ||||||
| 25 | with a representative
of a local educational agency for the | ||||||
| 26 | purposes of developing an
individualized educational program | ||||||
| |||||||
| |||||||
| 1 | shall be entitled to the services of
an interpreter.
| ||||||
| 2 | No student with a disability or, in a school district | ||||||
| 3 | organized under Article 34 of this Code, child with a learning | ||||||
| 4 | disability may be denied promotion,
graduation or a general
| ||||||
| 5 | diploma on the basis of failing a minimal competency test when | ||||||
| 6 | such failure
can be directly related to the disabling
condition | ||||||
| 7 | of the student. For the
purpose of this Act, "minimal | ||||||
| 8 | competency testing" is defined as tests which
are constructed | ||||||
| 9 | to measure the acquisition of skills to or beyond a certain
| ||||||
| 10 | defined standard.
| ||||||
| 11 | Effective July 1, 1966, high school districts are | ||||||
| 12 | financially
responsible for the education of pupils with | ||||||
| 13 | disabilities who
are residents in their
districts when such | ||||||
| 14 | pupils have reached age 15 but may admit
children with | ||||||
| 15 | disabilities into special educational facilities without
| ||||||
| 16 | regard to graduation
from the eighth grade after such pupils | ||||||
| 17 | have reached the age of 14 1/2 years.
Upon a pupil with a | ||||||
| 18 | disability attaining the age of 14 1/2 years,
it shall be
the | ||||||
| 19 | duty of the elementary school district in which the pupil | ||||||
| 20 | resides to
notify the high school district in which the pupil | ||||||
| 21 | resides of the pupil's
current eligibility for special | ||||||
| 22 | education services, of the pupil's current
program, and of all | ||||||
| 23 | evaluation data upon which the current program is
based. After | ||||||
| 24 | an examination of that information the high school district
may | ||||||
| 25 | accept the current placement and all subsequent timelines shall | ||||||
| 26 | be
governed by the current individualized educational program; | ||||||
| |||||||
| |||||||
| 1 | or the high
school district may elect to conduct its own | ||||||
| 2 | evaluation and
multidisciplinary staff conference and | ||||||
| 3 | formulate its own individualized
educational program, in which | ||||||
| 4 | case the procedures and timelines contained
in Section 14-8.02 | ||||||
| 5 | shall apply.
| ||||||
| 6 | (Source: P.A. 98-219, eff. 8-9-13; 99-143, eff. 7-27-15; | ||||||
| 7 | 99-592, eff. 7-22-16; revised 9-6-16.)
| ||||||
| 8 | (105 ILCS 5/21B-70) | ||||||
| 9 | Sec. 21B-70. Illinois Teaching Excellence Program. | ||||||
| 10 | (a) As used in this Section: | ||||||
| 11 | "Poverty or low-performing school" means a school | ||||||
| 12 | identified as a priority school under Section 2-3.25d-5 of this | ||||||
| 13 | Code or a school in which 50% or more of its students are | ||||||
| 14 | eligible for free or reduced-price school lunches. | ||||||
| 15 | "Qualified educator" means a teacher or school counselor | ||||||
| 16 | currently employed in a school district who is in the process | ||||||
| 17 | of obtaining certification through the National Board for | ||||||
| 18 | Professional Teaching Standards or who has completed | ||||||
| 19 | certification and holds a current Professional Educator | ||||||
| 20 | License with a National Board for Professional Teaching | ||||||
| 21 | Standards designation or a retired teacher or school counselor | ||||||
| 22 | who holds a Professional Educator License with a National Board | ||||||
| 23 | for Professional Teaching Standards designation. | ||||||
| 24 | (b) Beginning on July 1, 2011, any funds appropriated for | ||||||
| 25 | the Illinois Teaching Excellence Program must be used to | ||||||
| |||||||
| |||||||
| 1 | provide monetary assistance and incentives for qualified | ||||||
| 2 | educators who are employed by school districts and who have or | ||||||
| 3 | are in the process of obtaining licensure through the National | ||||||
| 4 | Board for Professional Teaching Standards. The goal of the | ||||||
| 5 | program is to improve instruction and student performance. | ||||||
| 6 | The State Board of Education shall allocate an amount as | ||||||
| 7 | annually appropriated by the General Assembly for the Illinois | ||||||
| 8 | Teaching Excellence Program for (i) application fees for each | ||||||
| 9 | qualified educator seeking to complete certification through | ||||||
| 10 | the National Board for Professional Teaching Standards, to be | ||||||
| 11 | paid directly to the National Board for Professional Teaching | ||||||
| 12 | Standards, and (ii) incentives for each qualified educator to | ||||||
| 13 | be distributed to the respective school district. The school | ||||||
| 14 | district shall distribute this payment to each eligible teacher | ||||||
| 15 | or school counselor as a single payment. | ||||||
| 16 | The State Board of Education's annual budget must set out | ||||||
| 17 | by separate line item the appropriation for the program. Unless | ||||||
| 18 | otherwise provided by appropriation, qualified educators are | ||||||
| 19 | eligible for monetary assistance and incentives outlined in | ||||||
| 20 | subsection (c) of this Section. | ||||||
| 21 | (c) When there are adequate funds available, monetary | ||||||
| 22 | assistance and incentives shall include the following: | ||||||
| 23 | (1) A maximum of $2,000 towards the application fee for | ||||||
| 24 | up to 750 teachers or school counselors in a poverty or | ||||||
| 25 | low-performing school who apply on a first-come, | ||||||
| 26 | first-serve basis for National Board certification. | ||||||
| |||||||
| |||||||
| 1 | (2) A maximum of $2,000 towards the application fee for | ||||||
| 2 | up to 250 teachers or school counselors in a school other | ||||||
| 3 | than a poverty or low-performing school who apply on a | ||||||
| 4 | first-come, first-serve basis for National Board | ||||||
| 5 | certification. However, if there were fewer than 750 | ||||||
| 6 | individuals supported in item (1) of this subsection (c), | ||||||
| 7 | then the number supported in this item (2) may be increased | ||||||
| 8 | as such that the combination of item (1) of this subsection | ||||||
| 9 | (c) and this item (2) shall equal 1,000 applicants. | ||||||
| 10 | (3) A maximum of $1,000 towards the National Board for | ||||||
| 11 | Professional Teaching Standards' renewal application fee. | ||||||
| 12 | (4) (Blank). | ||||||
| 13 | (5) An annual incentive equal to $1,500, which shall be | ||||||
| 14 | paid to each qualified educator currently employed in a | ||||||
| 15 | school district who holds both a National Board for | ||||||
| 16 | Professional Teaching Standards designation and a current | ||||||
| 17 | corresponding certificate issued by the National Board for | ||||||
| 18 | Professional Teaching Standards and who agrees, in | ||||||
| 19 | writing, to provide at least 30 hours of mentoring or | ||||||
| 20 | National Board for Professional Teaching Standards | ||||||
| 21 | professional development or both during the school year to | ||||||
| 22 | classroom teachers or school counselors, as applicable. | ||||||
| 23 | Funds must be disbursed dispersed on a first-come, | ||||||
| 24 | first-serve basis, with priority given to poverty or | ||||||
| 25 | low-performing schools. Mentoring shall include, either | ||||||
| 26 | singly or in combination, the following: | ||||||
| |||||||
| |||||||
| 1 | (A) National Board for Professional Teaching | ||||||
| 2 | Standards certification candidates. | ||||||
| 3 | (B) National Board for Professional Teaching | ||||||
| 4 | Standards re-take candidates. | ||||||
| 5 | (C) National Board for Professional Teaching | ||||||
| 6 | Standards renewal candidates. | ||||||
| 7 | (D) (Blank).
| ||||||
| 8 | Funds may also be used for instructional leadership | ||||||
| 9 | training for qualified educators interested in supporting | ||||||
| 10 | implementation of the Illinois Learning Standards or teaching | ||||||
| 11 | and learning priorities of the State Board of Education or | ||||||
| 12 | both. | ||||||
| 13 | (Source: P.A. 98-646, eff. 7-1-14; 99-193, eff. 7-30-15; | ||||||
| 14 | revised 10-25-16.)
| ||||||
| 15 | (105 ILCS 5/22-30)
| ||||||
| 16 | Sec. 22-30. Self-administration and self-carry of asthma | ||||||
| 17 | medication and epinephrine auto-injectors; administration of | ||||||
| 18 | undesignated epinephrine auto-injectors; administration of an | ||||||
| 19 | opioid antagonist; asthma episode emergency response protocol.
| ||||||
| 20 | (a) For the purpose of this Section only, the following | ||||||
| 21 | terms shall have the meanings set forth below:
| ||||||
| 22 | "Asthma action plan" means a written plan developed with a | ||||||
| 23 | pupil's medical provider to help control the pupil's asthma. | ||||||
| 24 | The goal of an asthma action plan is to reduce or prevent | ||||||
| 25 | flare-ups and emergency department visits through day-to-day | ||||||
| |||||||
| |||||||
| 1 | management and to serve as a student-specific document to be | ||||||
| 2 | referenced in the event of an asthma episode. | ||||||
| 3 | "Asthma episode emergency response protocol" means a | ||||||
| 4 | procedure to provide assistance to a pupil experiencing | ||||||
| 5 | symptoms of wheezing, coughing, shortness of breath, chest | ||||||
| 6 | tightness, or breathing difficulty. | ||||||
| 7 | "Asthma inhaler" means a quick reliever asthma inhaler. | ||||||
| 8 | "Epinephrine auto-injector" means a single-use device used | ||||||
| 9 | for the automatic injection of a pre-measured dose of | ||||||
| 10 | epinephrine into the human body.
| ||||||
| 11 | "Asthma medication" means a medicine, prescribed by (i) a | ||||||
| 12 | physician
licensed to practice medicine in all its branches,
| ||||||
| 13 | (ii) a licensed physician assistant with prescriptive | ||||||
| 14 | authority, or (iii) a licensed advanced practice
nurse with | ||||||
| 15 | prescriptive authority
for a pupil that pertains to the pupil's
| ||||||
| 16 | asthma and that has an individual prescription label.
| ||||||
| 17 | "Opioid antagonist" means a drug that binds to opioid | ||||||
| 18 | receptors and blocks or inhibits the effect of opioids acting | ||||||
| 19 | on those receptors, including, but not limited to, naloxone | ||||||
| 20 | hydrochloride or any other similarly acting drug approved by | ||||||
| 21 | the U.S. Food and Drug Administration. | ||||||
| 22 | "School nurse" means a registered nurse working in a school | ||||||
| 23 | with or without licensure endorsed in school nursing. | ||||||
| 24 | "Self-administration" means a pupil's discretionary use of | ||||||
| 25 | his or
her prescribed asthma medication or epinephrine | ||||||
| 26 | auto-injector.
| ||||||
| |||||||
| |||||||
| 1 | "Self-carry" means a pupil's ability to carry his or her | ||||||
| 2 | prescribed asthma medication or epinephrine auto-injector. | ||||||
| 3 | "Standing protocol" may be issued by (i) a physician | ||||||
| 4 | licensed to practice medicine in all its branches, (ii) a | ||||||
| 5 | licensed physician assistant with prescriptive authority, or | ||||||
| 6 | (iii) a licensed advanced practice nurse with prescriptive | ||||||
| 7 | authority. | ||||||
| 8 | "Trained personnel" means any school employee or volunteer | ||||||
| 9 | personnel authorized in Sections 10-22.34, 10-22.34a, and | ||||||
| 10 | 10-22.34b of this Code who has completed training under | ||||||
| 11 | subsection (g) of this Section to recognize and respond to | ||||||
| 12 | anaphylaxis. | ||||||
| 13 | "Undesignated epinephrine auto-injector" means an | ||||||
| 14 | epinephrine auto-injector prescribed in the name of a school | ||||||
| 15 | district, public school, or nonpublic school. | ||||||
| 16 | (b) A school, whether public or nonpublic, must permit the
| ||||||
| 17 | self-administration and self-carry of asthma
medication by a | ||||||
| 18 | pupil with asthma or the self-administration and self-carry of | ||||||
| 19 | an epinephrine auto-injector by a pupil, provided that:
| ||||||
| 20 | (1) the parents or
guardians of the pupil provide to | ||||||
| 21 | the school (i) written
authorization from the parents or | ||||||
| 22 | guardians for (A) the self-administration and self-carry | ||||||
| 23 | of asthma medication or (B) the self-carry of asthma | ||||||
| 24 | medication or (ii) for (A) the self-administration and | ||||||
| 25 | self-carry of an epinephrine auto-injector or (B) the | ||||||
| 26 | self-carry of an epinephrine auto-injector, written | ||||||
| |||||||
| |||||||
| 1 | authorization from the pupil's physician, physician | ||||||
| 2 | assistant, or advanced practice nurse; and
| ||||||
| 3 | (2) the
parents or guardians of the pupil provide to | ||||||
| 4 | the school (i) the prescription label, which must contain | ||||||
| 5 | the name of the asthma medication, the prescribed dosage, | ||||||
| 6 | and the time at which or circumstances under which the | ||||||
| 7 | asthma medication is to be administered, or (ii) for the | ||||||
| 8 | self-administration or self-carry of an epinephrine | ||||||
| 9 | auto-injector, a
written
statement from the pupil's | ||||||
| 10 | physician, physician assistant, or advanced practice
nurse | ||||||
| 11 | containing
the following information:
| ||||||
| 12 | (A) the name and purpose of the epinephrine | ||||||
| 13 | auto-injector;
| ||||||
| 14 | (B) the prescribed dosage; and
| ||||||
| 15 | (C) the time or times at which or the special | ||||||
| 16 | circumstances
under which the epinephrine | ||||||
| 17 | auto-injector is to be administered.
| ||||||
| 18 | The information provided shall be kept on file in the office of | ||||||
| 19 | the school
nurse or,
in the absence of a school nurse, the | ||||||
| 20 | school's administrator.
| ||||||
| 21 | (b-5) A school district, public school, or nonpublic school | ||||||
| 22 | may authorize the provision of a student-specific or | ||||||
| 23 | undesignated epinephrine auto-injector to a student or any | ||||||
| 24 | personnel authorized under a student's Individual Health Care | ||||||
| 25 | Action Plan, Illinois Food Allergy Emergency Action Plan and | ||||||
| 26 | Treatment Authorization Form, or plan pursuant to Section 504 | ||||||
| |||||||
| |||||||
| 1 | of the federal Rehabilitation Act of 1973 to administer an | ||||||
| 2 | epinephrine auto-injector to the student, that meets the | ||||||
| 3 | student's prescription on file. | ||||||
| 4 | (b-10) The school district, public school, or nonpublic | ||||||
| 5 | school may authorize a school nurse or trained personnel to do | ||||||
| 6 | the following: (i) provide an undesignated epinephrine | ||||||
| 7 | auto-injector to a student for self-administration only or any | ||||||
| 8 | personnel authorized under a student's Individual Health Care | ||||||
| 9 | Action Plan, Illinois Food Allergy Emergency Action Plan and | ||||||
| 10 | Treatment Authorization Form, or plan pursuant to Section 504 | ||||||
| 11 | of the federal Rehabilitation Act of 1973 to administer to the | ||||||
| 12 | student, that meets the student's prescription on file; (ii) | ||||||
| 13 | administer an undesignated epinephrine auto-injector that | ||||||
| 14 | meets the prescription on file to any student who has an | ||||||
| 15 | Individual Health Care Action Plan, Illinois Food Allergy | ||||||
| 16 | Emergency Action Plan and Treatment Authorization Form, or plan | ||||||
| 17 | pursuant to Section 504 of the federal Rehabilitation Act of | ||||||
| 18 | 1973 that authorizes the use of an epinephrine auto-injector; | ||||||
| 19 | (iii) administer an undesignated epinephrine auto-injector to | ||||||
| 20 | any person that the school nurse or trained personnel in good | ||||||
| 21 | faith believes is having an anaphylactic reaction; and (iv) | ||||||
| 22 | administer an opioid antagonist to any person that the school | ||||||
| 23 | nurse or trained personnel in good faith believes is having an | ||||||
| 24 | opioid overdose. | ||||||
| 25 | (c) The school district, public school, or nonpublic school | ||||||
| 26 | must inform the parents or
guardians of the
pupil, in writing, | ||||||
| |||||||
| |||||||
| 1 | that the school district, public school, or nonpublic school | ||||||
| 2 | and its
employees and
agents, including a physician, physician | ||||||
| 3 | assistant, or advanced practice nurse providing standing | ||||||
| 4 | protocol or prescription for school epinephrine | ||||||
| 5 | auto-injectors,
are to incur no liability or professional | ||||||
| 6 | discipline, except for willful and wanton conduct, as a result
| ||||||
| 7 | of any injury arising from the
administration of asthma | ||||||
| 8 | medication, an epinephrine auto-injector, or an opioid | ||||||
| 9 | antagonist regardless of whether authorization was given by the | ||||||
| 10 | pupil's parents or guardians or by the pupil's physician, | ||||||
| 11 | physician assistant, or advanced practice nurse. The parents or | ||||||
| 12 | guardians
of the pupil must sign a statement acknowledging that | ||||||
| 13 | the school district, public school,
or nonpublic school and its | ||||||
| 14 | employees and agents are to incur no liability, except for | ||||||
| 15 | willful and wanton
conduct, as a result of any injury arising
| ||||||
| 16 | from the
administration of asthma medication, an epinephrine | ||||||
| 17 | auto-injector, or an opioid antagonist regardless of whether | ||||||
| 18 | authorization was given by the pupil's parents or guardians or | ||||||
| 19 | by the pupil's physician, physician assistant, or advanced | ||||||
| 20 | practice nurse and that the parents or
guardians must indemnify | ||||||
| 21 | and hold harmless the school district, public school, or | ||||||
| 22 | nonpublic
school and
its
employees and agents against any | ||||||
| 23 | claims, except a claim based on willful and
wanton conduct, | ||||||
| 24 | arising out of the
administration of asthma medication, an | ||||||
| 25 | epinephrine auto-injector, or an opioid antagonist regardless | ||||||
| 26 | of whether authorization was given by the pupil's parents or | ||||||
| |||||||
| |||||||
| 1 | guardians or by the pupil's physician, physician assistant, or | ||||||
| 2 | advanced practice nurse. | ||||||
| 3 | (c-5) When a school nurse or trained personnel administers | ||||||
| 4 | an undesignated epinephrine auto-injector to a person whom the | ||||||
| 5 | school nurse or trained personnel in good faith believes is | ||||||
| 6 | having an anaphylactic reaction or administers an opioid | ||||||
| 7 | antagonist to a person whom the school nurse or trained | ||||||
| 8 | personnel in good faith believes is having an opioid overdose, | ||||||
| 9 | notwithstanding the lack of notice to the parents or guardians | ||||||
| 10 | of the pupil or the absence of the parents or guardians signed | ||||||
| 11 | statement acknowledging no liability, except for willful and | ||||||
| 12 | wanton conduct, the school district, public school, or | ||||||
| 13 | nonpublic school and its employees and agents, and a physician, | ||||||
| 14 | a physician assistant, or an advanced practice nurse providing | ||||||
| 15 | standing protocol or prescription for undesignated epinephrine | ||||||
| 16 | auto-injectors, are to incur no liability or professional | ||||||
| 17 | discipline, except for willful and wanton conduct, as a result | ||||||
| 18 | of any injury arising from the use of an undesignated | ||||||
| 19 | epinephrine auto-injector or the use of an opioid antagonist | ||||||
| 20 | regardless of whether authorization was given by the pupil's | ||||||
| 21 | parents or guardians or by the pupil's physician, physician | ||||||
| 22 | assistant, or advanced practice nurse.
| ||||||
| 23 | (d) The permission for self-administration and self-carry | ||||||
| 24 | of asthma medication or the self-administration and self-carry | ||||||
| 25 | of an epinephrine auto-injector is effective
for the school | ||||||
| 26 | year for which it is granted and shall be renewed each
| ||||||
| |||||||
| |||||||
| 1 | subsequent school year upon fulfillment of the requirements of | ||||||
| 2 | this
Section.
| ||||||
| 3 | (e) Provided that the requirements of this Section are | ||||||
| 4 | fulfilled, a
pupil with asthma may self-administer and | ||||||
| 5 | self-carry his or her asthma medication or a pupil may | ||||||
| 6 | self-administer and self-carry an epinephrine auto-injector | ||||||
| 7 | (i) while in
school, (ii) while at a school-sponsored activity, | ||||||
| 8 | (iii) while under the
supervision of
school personnel, or (iv) | ||||||
| 9 | before or after normal school activities, such
as while in | ||||||
| 10 | before-school or after-school care on school-operated
property | ||||||
| 11 | or while being transported on a school bus.
| ||||||
| 12 | (e-5) Provided that the requirements of this Section are | ||||||
| 13 | fulfilled, a school nurse or trained personnel may administer | ||||||
| 14 | an undesignated epinephrine auto-injector to any person whom | ||||||
| 15 | the school nurse or trained personnel in good faith believes to | ||||||
| 16 | be having an anaphylactic reaction (i) while in school, (ii) | ||||||
| 17 | while at a school-sponsored activity, (iii) while under the | ||||||
| 18 | supervision of school personnel, or (iv) before or after normal | ||||||
| 19 | school activities, such
as while in before-school or | ||||||
| 20 | after-school care on school-operated property or while being | ||||||
| 21 | transported on a school bus. A school nurse or trained | ||||||
| 22 | personnel may carry undesignated epinephrine auto-injectors on | ||||||
| 23 | his or her person while in school or at a school-sponsored | ||||||
| 24 | activity. | ||||||
| 25 | (e-10) Provided that the requirements of this Section are | ||||||
| 26 | fulfilled, a school nurse or trained personnel may administer | ||||||
| |||||||
| |||||||
| 1 | an opioid antagonist to any person whom the school nurse or | ||||||
| 2 | trained personnel in good faith believes to be having an opioid | ||||||
| 3 | overdose (i) while in school, (ii) while at a school-sponsored | ||||||
| 4 | activity, (iii) while under the supervision of school | ||||||
| 5 | personnel, or (iv) before or after normal school activities, | ||||||
| 6 | such as while in before-school or after-school care on | ||||||
| 7 | school-operated property. A school nurse or trained personnel | ||||||
| 8 | may carry an opioid antagonist on their person while in school | ||||||
| 9 | or at a school-sponsored activity. | ||||||
| 10 | (f) The school district, public school, or nonpublic school | ||||||
| 11 | may maintain a supply of undesignated epinephrine | ||||||
| 12 | auto-injectors in any secure location that is accessible | ||||||
| 13 | before, during, and after school where an allergic person is | ||||||
| 14 | most at risk, including, but not limited to, classrooms and | ||||||
| 15 | lunchrooms. A physician, a physician assistant who has been | ||||||
| 16 | delegated prescriptive authority in accordance with Section | ||||||
| 17 | 7.5 of the Physician Assistant Practice Act of 1987, or an | ||||||
| 18 | advanced practice nurse who has been delegated prescriptive | ||||||
| 19 | authority in accordance with Section 65-40 of the Nurse | ||||||
| 20 | Practice Act may prescribe undesignated epinephrine | ||||||
| 21 | auto-injectors in the name of the school district, public | ||||||
| 22 | school, or nonpublic school to be maintained for use when | ||||||
| 23 | necessary. Any supply of epinephrine auto-injectors shall be | ||||||
| 24 | maintained in accordance with the manufacturer's instructions. | ||||||
| 25 | The school district, public school, or nonpublic school may | ||||||
| 26 | maintain a supply of an opioid antagonist in any secure | ||||||
| |||||||
| |||||||
| 1 | location where an individual may have an opioid overdose. A | ||||||
| 2 | health care professional who has been delegated prescriptive | ||||||
| 3 | authority for opioid antagonists in accordance with Section | ||||||
| 4 | 5-23 of the Alcoholism and Other Drug Abuse and Dependency Act | ||||||
| 5 | may prescribe opioid antagonists in the name of the school | ||||||
| 6 | district, public school, or nonpublic school, to be maintained | ||||||
| 7 | for use when necessary. Any supply of opioid antagonists shall | ||||||
| 8 | be maintained in accordance with the manufacturer's | ||||||
| 9 | instructions. | ||||||
| 10 | (f-3) Whichever entity initiates the process of obtaining | ||||||
| 11 | undesignated epinephrine auto-injectors and providing training | ||||||
| 12 | to personnel for carrying and administering undesignated | ||||||
| 13 | epinephrine auto-injectors shall pay for the costs of the | ||||||
| 14 | undesignated epinephrine auto-injectors. | ||||||
| 15 | (f-5) Upon any administration of an epinephrine | ||||||
| 16 | auto-injector, a school district, public school, or nonpublic | ||||||
| 17 | school must immediately activate the EMS system and notify the | ||||||
| 18 | student's parent, guardian, or emergency contact, if known. | ||||||
| 19 | Upon any administration of an opioid antagonist, a school | ||||||
| 20 | district, public school, or nonpublic school must immediately | ||||||
| 21 | activate the EMS system and notify the student's parent, | ||||||
| 22 | guardian, or emergency contact, if known. | ||||||
| 23 | (f-10) Within 24 hours of the administration of an | ||||||
| 24 | undesignated epinephrine auto-injector, a school district, | ||||||
| 25 | public school, or nonpublic school must notify the physician, | ||||||
| 26 | physician assistant, or advanced practice nurse who provided | ||||||
| |||||||
| |||||||
| 1 | the standing protocol or prescription for the undesignated | ||||||
| 2 | epinephrine auto-injector of its use. | ||||||
| 3 | Within 24 hours after the administration of an opioid | ||||||
| 4 | antagonist, a school district, public school, or nonpublic | ||||||
| 5 | school must notify the health care professional who provided | ||||||
| 6 | the prescription for the opioid antagonist of its use. | ||||||
| 7 | (g) Prior to the administration of an undesignated | ||||||
| 8 | epinephrine auto-injector, trained personnel must submit to | ||||||
| 9 | their school's administration proof of completion of a training | ||||||
| 10 | curriculum to recognize and respond to anaphylaxis that meets | ||||||
| 11 | the requirements of subsection (h) of this Section. Training | ||||||
| 12 | must be completed annually. their The school district, public | ||||||
| 13 | school, or nonpublic school must maintain records related to | ||||||
| 14 | the training curriculum and trained personnel. | ||||||
| 15 | Prior to the administration of an opioid antagonist, | ||||||
| 16 | trained personnel must submit to their school's administration | ||||||
| 17 | proof of completion of a training curriculum to recognize and | ||||||
| 18 | respond to an opioid overdose, which curriculum must meet the | ||||||
| 19 | requirements of subsection (h-5) of this Section. Training must | ||||||
| 20 | be completed annually. Trained personnel must also submit to | ||||||
| 21 | the school's administration proof of cardiopulmonary | ||||||
| 22 | resuscitation and automated external defibrillator | ||||||
| 23 | certification. The school district, public school, or | ||||||
| 24 | nonpublic school must maintain records relating to the training | ||||||
| 25 | curriculum and the trained personnel. | ||||||
| 26 | (h) A training curriculum to recognize and respond to | ||||||
| |||||||
| |||||||
| 1 | anaphylaxis, including the administration of an undesignated | ||||||
| 2 | epinephrine auto-injector, may be conducted online or in | ||||||
| 3 | person. | ||||||
| 4 | Training shall include, but is not limited to: | ||||||
| 5 | (1) how to recognize signs and symptoms of an allergic | ||||||
| 6 | reaction, including anaphylaxis; | ||||||
| 7 | (2) how to administer an epinephrine auto-injector; | ||||||
| 8 | and | ||||||
| 9 | (3) a test demonstrating competency of the knowledge | ||||||
| 10 | required to recognize anaphylaxis and administer an | ||||||
| 11 | epinephrine auto-injector. | ||||||
| 12 | Training may also include, but is not limited to: | ||||||
| 13 | (A) a review of high-risk areas within a school and its | ||||||
| 14 | related facilities; | ||||||
| 15 | (B) steps to take to prevent exposure to allergens; | ||||||
| 16 | (C) emergency follow-up procedures; | ||||||
| 17 | (D) how to respond to a student with a known allergy, | ||||||
| 18 | as well as a student with a previously unknown allergy; and | ||||||
| 19 | (E) other criteria as determined in rules adopted | ||||||
| 20 | pursuant to this Section. | ||||||
| 21 | In consultation with statewide professional organizations | ||||||
| 22 | representing physicians licensed to practice medicine in all of | ||||||
| 23 | its branches, registered nurses, and school nurses, the State | ||||||
| 24 | Board of Education shall make available resource materials | ||||||
| 25 | consistent with criteria in this subsection (h) for educating | ||||||
| 26 | trained personnel to recognize and respond to anaphylaxis. The | ||||||
| |||||||
| |||||||
| 1 | State Board may take into consideration the curriculum on this | ||||||
| 2 | subject developed by other states, as well as any other | ||||||
| 3 | curricular materials suggested by medical experts and other | ||||||
| 4 | groups that work on life-threatening allergy issues. The State | ||||||
| 5 | Board is not required to create new resource materials. The | ||||||
| 6 | State Board shall make these resource materials available on | ||||||
| 7 | its Internet website. | ||||||
| 8 | (h-5) A training curriculum to recognize and respond to an | ||||||
| 9 | opioid overdose, including the administration of an opioid | ||||||
| 10 | antagonist, may be conducted online or in person. The training | ||||||
| 11 | must comply with any training requirements under Section 5-23 | ||||||
| 12 | of the Alcoholism and Other Drug Abuse and Dependency Act and | ||||||
| 13 | the corresponding rules. It must include, but is not limited | ||||||
| 14 | to: | ||||||
| 15 | (1) how to recognize symptoms of an opioid overdose; | ||||||
| 16 | (2) information on drug overdose prevention and | ||||||
| 17 | recognition; | ||||||
| 18 | (3) how to perform rescue breathing and resuscitation; | ||||||
| 19 | (4) how to respond to an emergency involving an opioid | ||||||
| 20 | overdose; | ||||||
| 21 | (5) opioid antagonist dosage and administration; | ||||||
| 22 | (6) the importance of calling 911; | ||||||
| 23 | (7) care for the overdose victim after administration | ||||||
| 24 | of the overdose antagonist; | ||||||
| 25 | (8) a test demonstrating competency of the knowledge | ||||||
| 26 | required to recognize an opioid overdose and administer a | ||||||
| |||||||
| |||||||
| 1 | dose of an opioid antagonist; and | ||||||
| 2 | (9) other criteria as determined in rules adopted | ||||||
| 3 | pursuant to this Section. | ||||||
| 4 | (i) Within 3 days after the administration of an | ||||||
| 5 | undesignated epinephrine auto-injector by a school nurse, | ||||||
| 6 | trained personnel, or a student at a school or school-sponsored | ||||||
| 7 | activity, the school must report to the State Board of | ||||||
| 8 | Education in a form and manner prescribed by the State Board | ||||||
| 9 | the following information: | ||||||
| 10 | (1) age and type of person receiving epinephrine | ||||||
| 11 | (student, staff, visitor); | ||||||
| 12 | (2) any previously known diagnosis of a severe allergy; | ||||||
| 13 | (3) trigger that precipitated allergic episode; | ||||||
| 14 | (4) location where symptoms developed; | ||||||
| 15 | (5) number of doses administered; | ||||||
| 16 | (6) type of person administering epinephrine (school | ||||||
| 17 | nurse, trained personnel, student); and | ||||||
| 18 | (7) any other information required by the State Board. | ||||||
| 19 | If a school district, public school, or nonpublic school | ||||||
| 20 | maintains or has an independent contractor providing | ||||||
| 21 | transportation to students who maintains a supply of | ||||||
| 22 | undesignated epinephrine auto-injectors, then the school | ||||||
| 23 | district, public school, or nonpublic school must report that | ||||||
| 24 | information to the State Board of Education upon adoption or | ||||||
| 25 | change of the policy of the school district, public school, | ||||||
| 26 | nonpublic school, or independent contractor, in a manner as | ||||||
| |||||||
| |||||||
| 1 | prescribed by the State Board. The report must include the | ||||||
| 2 | number of undesignated epinephrine auto-injectors in supply. | ||||||
| 3 | (i-5) Within 3 days after the administration of an opioid | ||||||
| 4 | antagonist by a school nurse or trained personnel, the school | ||||||
| 5 | must report to the State Board of Education, in a form and | ||||||
| 6 | manner prescribed by the State Board, the following | ||||||
| 7 | information: | ||||||
| 8 | (1) the age and type of person receiving the opioid | ||||||
| 9 | antagonist (student, staff, or visitor); | ||||||
| 10 | (2) the location where symptoms developed; | ||||||
| 11 | (3) the type of person administering the opioid | ||||||
| 12 | antagonist (school nurse or trained personnel); and | ||||||
| 13 | (4) any other information required by the State Board. | ||||||
| 14 | (j) By October 1, 2015 and every year thereafter, the State | ||||||
| 15 | Board of Education shall submit a report to the General | ||||||
| 16 | Assembly identifying the frequency and circumstances of | ||||||
| 17 | epinephrine administration during the preceding academic year. | ||||||
| 18 | Beginning with the 2017 report, the report shall also contain | ||||||
| 19 | information on which school districts, public schools, and | ||||||
| 20 | nonpublic schools maintain or have independent contractors | ||||||
| 21 | providing transportation to students who maintain a supply of | ||||||
| 22 | undesignated epinephrine auto-injectors. This report shall be | ||||||
| 23 | published on the State Board's Internet website on the date the | ||||||
| 24 | report is delivered to the General Assembly. | ||||||
| 25 | (j-5) Annually, each school district, public school, | ||||||
| 26 | charter school, or nonpublic school shall request an asthma | ||||||
| |||||||
| |||||||
| 1 | action plan from the parents or guardians of a pupil with | ||||||
| 2 | asthma. If provided, the asthma action plan must be kept on | ||||||
| 3 | file in the office of the school nurse or, in the absence of a | ||||||
| 4 | school nurse, the school administrator. Copies of the asthma | ||||||
| 5 | action plan may be distributed to appropriate school staff who | ||||||
| 6 | interact with the pupil on a regular basis, and, if applicable, | ||||||
| 7 | may be attached to the pupil's federal Section 504 plan or | ||||||
| 8 | individualized education program plan. | ||||||
| 9 | (j-10) To assist schools with emergency response | ||||||
| 10 | procedures for asthma, the State Board of Education, in | ||||||
| 11 | consultation with statewide professional organizations with | ||||||
| 12 | expertise in asthma management and a statewide organization | ||||||
| 13 | representing school administrators, shall develop a model | ||||||
| 14 | asthma episode emergency response protocol before September 1, | ||||||
| 15 | 2016. Each school district, charter school, and nonpublic | ||||||
| 16 | school shall adopt an asthma episode emergency response | ||||||
| 17 | protocol before January 1, 2017 that includes all of the | ||||||
| 18 | components of the State Board's model protocol. | ||||||
| 19 | (j-15) Every 2 years, school personnel who work with pupils | ||||||
| 20 | shall complete an in-person or online training program on the | ||||||
| 21 | management of asthma, the prevention of asthma symptoms, and | ||||||
| 22 | emergency response in the school setting. In consultation with | ||||||
| 23 | statewide professional organizations with expertise in asthma | ||||||
| 24 | management, the State Board of Education shall make available | ||||||
| 25 | resource materials for educating school personnel about asthma | ||||||
| 26 | and emergency response in the school setting. | ||||||
| |||||||
| |||||||
| 1 | (j-20) On or before October 1, 2016 and every year | ||||||
| 2 | thereafter, the State Board of Education shall submit a report | ||||||
| 3 | to the General Assembly and the Department of Public Health | ||||||
| 4 | identifying the frequency and circumstances of opioid | ||||||
| 5 | antagonist administration during the preceding academic year. | ||||||
| 6 | This report shall be published on the State Board's Internet | ||||||
| 7 | website on the date the report is delivered to the General | ||||||
| 8 | Assembly. | ||||||
| 9 | (k) The State Board of Education may adopt rules necessary | ||||||
| 10 | to implement this Section. | ||||||
| 11 | (l) Nothing in this Section shall limit the amount of | ||||||
| 12 | epinephrine auto-injectors that any type of school or student | ||||||
| 13 | may carry or maintain a supply of. | ||||||
| 14 | (Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15; | ||||||
| 15 | 99-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-711, eff. 1-1-17; | ||||||
| 16 | 99-843, eff. 8-19-16; revised 9-8-16.)
| ||||||
| 17 | (105 ILCS 5/27A-9)
| ||||||
| 18 | Sec. 27A-9. Term of charter; renewal.
| ||||||
| 19 | (a) For charters granted before January 1, 2017 (the | ||||||
| 20 | effective date of Public Act 99-840) this amendatory Act of the | ||||||
| 21 | 99th General Assembly, a charter may be granted for a period | ||||||
| 22 | not less than 5 and not
more than
10
school years. For charters | ||||||
| 23 | granted on or after January 1, 2017 (the effective date of | ||||||
| 24 | Public Act 99-840) this amendatory Act of the 99th General | ||||||
| 25 | Assembly, a charter shall be granted for a period of 5
school | ||||||
| |||||||
| |||||||
| 1 | years. For charters renewed before January 1, 2017 (the | ||||||
| 2 | effective date of Public Act 99-840) this amendatory Act of the | ||||||
| 3 | 99th General Assembly, a charter may be renewed in incremental | ||||||
| 4 | periods not to exceed
5
school years. For charters renewed on | ||||||
| 5 | or after January 1, 2017 (the effective date of Public Act | ||||||
| 6 | 99-840) this amendatory Act of the 99th General Assembly, a | ||||||
| 7 | charter may be renewed in incremental periods not to exceed 10 | ||||||
| 8 | school years; however, the Commission may renew a charter only | ||||||
| 9 | in incremental periods not to exceed 5 years. Authorizers shall | ||||||
| 10 | ensure that every charter granted on or after January 1, 2017 | ||||||
| 11 | (the effective date of Public Act 99-840) this amendatory Act | ||||||
| 12 | of the 99th General Assembly includes standards and goals for | ||||||
| 13 | academic, organizational, and financial performance. A charter | ||||||
| 14 | must meet all standards and goals for academic, organizational, | ||||||
| 15 | and financial performance set forth by the authorizer in order | ||||||
| 16 | to be renewed for a term in excess of 5 years but not more than | ||||||
| 17 | 10 years. If an authorizer fails to establish standards and | ||||||
| 18 | goals, a charter shall not be renewed for a term in excess of 5 | ||||||
| 19 | years. Nothing contained in this Section shall require an | ||||||
| 20 | authorizer to grant a full 10-year renewal term to any | ||||||
| 21 | particular charter school, but an authorizer may award a full | ||||||
| 22 | 10-year renewal term to charter schools that have a | ||||||
| 23 | demonstrated track record of improving student performance.
| ||||||
| 24 | (b) A charter school renewal proposal submitted to the
| ||||||
| 25 | local school board or the Commission, as the chartering entity,
| ||||||
| 26 | shall contain:
| ||||||
| |||||||
| |||||||
| 1 | (1) A report on the progress of the charter school in | ||||||
| 2 | achieving the goals,
objectives, pupil performance | ||||||
| 3 | standards, content standards, and other terms of
the | ||||||
| 4 | initial approved charter proposal; and
| ||||||
| 5 | (2) A financial statement that discloses the costs of | ||||||
| 6 | administration,
instruction, and other spending categories | ||||||
| 7 | for the charter school that is
understandable to the | ||||||
| 8 | general public and that will allow comparison of those
| ||||||
| 9 | costs to other schools or other comparable organizations, | ||||||
| 10 | in a format required
by the State Board.
| ||||||
| 11 | (c) A charter may be revoked
or not renewed if the local | ||||||
| 12 | school board or the Commission, as the chartering
entity,
| ||||||
| 13 | clearly demonstrates that the
charter school did any of the
| ||||||
| 14 | following, or otherwise failed to comply with the requirements | ||||||
| 15 | of this law:
| ||||||
| 16 | (1) Committed a material violation of any of the | ||||||
| 17 | conditions, standards, or
procedures set forth in the | ||||||
| 18 | charter.
| ||||||
| 19 | (2) Failed to meet or make reasonable progress toward | ||||||
| 20 | achievement of the
content standards or pupil performance | ||||||
| 21 | standards identified in the charter.
| ||||||
| 22 | (3) Failed to meet generally accepted standards of | ||||||
| 23 | fiscal management.
| ||||||
| 24 | (4) Violated any provision of law from which the | ||||||
| 25 | charter school was not
exempted.
| ||||||
| 26 | In the case of revocation, the local school board or the | ||||||
| |||||||
| |||||||
| 1 | Commission, as the chartering entity, shall notify the charter | ||||||
| 2 | school in writing of the reason why the charter is subject to | ||||||
| 3 | revocation. The charter school shall submit a written plan to | ||||||
| 4 | the local school board or the Commission, whichever is | ||||||
| 5 | applicable, to rectify the problem. The plan shall include a | ||||||
| 6 | timeline for implementation, which shall not exceed 2 years or | ||||||
| 7 | the date of the charter's expiration, whichever is earlier. If | ||||||
| 8 | the local school board or the Commission, as the chartering | ||||||
| 9 | entity, finds that the charter school has failed to implement | ||||||
| 10 | the plan of remediation and adhere to the timeline, then the | ||||||
| 11 | chartering entity shall revoke the charter. Except in | ||||||
| 12 | situations of an emergency where the health, safety, or | ||||||
| 13 | education of the charter school's students is at risk, the | ||||||
| 14 | revocation shall take place at the end of a school year. | ||||||
| 15 | Nothing in Public Act 96-105 this amendatory Act of the 96th | ||||||
| 16 | General Assembly shall be construed to prohibit an | ||||||
| 17 | implementation timetable that is less than 2 years in duration. | ||||||
| 18 | (d) (Blank).
| ||||||
| 19 | (e) Notice of a local school board's decision to
deny, | ||||||
| 20 | revoke, or not to
renew a charter shall be provided to the | ||||||
| 21 | Commission and the State Board.
The Commission may reverse a | ||||||
| 22 | local board's
decision
if the Commission finds
that the charter | ||||||
| 23 | school or charter school proposal (i) is in compliance with
| ||||||
| 24 | this Article, and (ii) is in the best interests of the students | ||||||
| 25 | it is designed
to serve.
The Commission may condition the | ||||||
| 26 | granting of an appeal on the acceptance by
the charter school | ||||||
| |||||||
| |||||||
| 1 | of funding in an amount less than that requested in the
| ||||||
| 2 | proposal submitted to the local school board.
Final decisions | ||||||
| 3 | of the Commission shall be subject
to judicial review under the | ||||||
| 4 | Administrative Review Law.
| ||||||
| 5 | (f) Notwithstanding other provisions of this Article, if | ||||||
| 6 | the Commission
on appeal reverses a local board's decision
or | ||||||
| 7 | if a charter school is
approved by referendum,
the Commission
| ||||||
| 8 | shall act as the
authorized chartering entity for the charter | ||||||
| 9 | school.
The Commission shall
approve the charter and shall | ||||||
| 10 | perform all functions
under this
Article otherwise performed by | ||||||
| 11 | the local school
board. The State Board shall determine whether | ||||||
| 12 | the charter proposal approved by the Commission is consistent | ||||||
| 13 | with the provisions of this Article and, if the approved | ||||||
| 14 | proposal complies, certify the proposal pursuant to this | ||||||
| 15 | Article. The State Board shall
report the aggregate number of | ||||||
| 16 | charter school pupils resident in a school
district to that | ||||||
| 17 | district
and shall notify the district
of the amount of
funding | ||||||
| 18 | to be paid by the State Board to the charter school enrolling | ||||||
| 19 | such
students.
The Commission shall require the
charter school | ||||||
| 20 | to maintain accurate records of daily attendance that shall be
| ||||||
| 21 | deemed sufficient to file claims under Section 18-8.05 | ||||||
| 22 | notwithstanding any
other requirements of that Section | ||||||
| 23 | regarding hours of instruction and teacher
certification.
The | ||||||
| 24 | State Board shall withhold from funds otherwise due the | ||||||
| 25 | district
the funds authorized by this Article to be paid to the | ||||||
| 26 | charter school and shall
pay such amounts to the charter | ||||||
| |||||||
| |||||||
| 1 | school.
| ||||||
| 2 | (g) For charter schools authorized by the Commission, the | ||||||
| 3 | Commission shall quarterly certify to the State Board the | ||||||
| 4 | student enrollment for each of its charter schools. | ||||||
| 5 | (h) For charter schools authorized by the Commission, the | ||||||
| 6 | State Board shall pay directly to a charter school any federal | ||||||
| 7 | or State aid attributable to a student with a disability | ||||||
| 8 | attending the school. | ||||||
| 9 | (Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17; | ||||||
| 10 | revised 10-27-16.)
| ||||||
| 11 | (105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)
| ||||||
| 12 | Sec. 30-14.2. MIA/POW scholarships.
| ||||||
| 13 | (a) Any spouse, natural child, legally adopted child, or
| ||||||
| 14 | step-child of an eligible veteran or serviceperson who | ||||||
| 15 | possesses all necessary
entrance requirements shall, upon | ||||||
| 16 | application and proper proof, be awarded
a MIA/POW Scholarship | ||||||
| 17 | consisting of the equivalent of 4 calendar years of
full-time | ||||||
| 18 | enrollment including summer terms, to the state supported
| ||||||
| 19 | Illinois institution of higher learning of his choice, subject | ||||||
| 20 | to the
restrictions listed below.
| ||||||
| 21 | "Eligible veteran or serviceperson" means any veteran or | ||||||
| 22 | serviceperson, including an Illinois National Guard member who | ||||||
| 23 | is on active duty or is active on a training assignment,
who | ||||||
| 24 | has been declared by the U.S. Department of Defense or the
U.S. | ||||||
| 25 | Department of Veterans Veterans' Affairs to be a prisoner of | ||||||
| |||||||
| |||||||
| 1 | war, be missing
in action, have died as the result of a | ||||||
| 2 | service-connected disability or have become a person with a | ||||||
| 3 | permanent disability from service-connected causes with 100% | ||||||
| 4 | disability and
who (i) at the time of entering service was an | ||||||
| 5 | Illinois resident, (ii) was an
Illinois resident within 6 | ||||||
| 6 | months after entering such service, or (iii) until July 1, | ||||||
| 7 | 2014, became an Illinois resident within 6 months after leaving | ||||||
| 8 | the service and can establish at least 30 years of continuous | ||||||
| 9 | residency in the State of Illinois.
| ||||||
| 10 | Full-time enrollment means 12 or more semester hours of | ||||||
| 11 | courses per semester,
or 12 or more quarter hours of courses | ||||||
| 12 | per quarter, or the equivalent thereof
per term. Scholarships | ||||||
| 13 | utilized by dependents enrolled in less than full-time
study | ||||||
| 14 | shall be computed in the proportion which the number of hours | ||||||
| 15 | so carried
bears to full-time enrollment.
| ||||||
| 16 | Scholarships awarded under this Section may be used by a | ||||||
| 17 | spouse or child
without regard to his or her age. The holder of | ||||||
| 18 | a Scholarship
awarded under this Section shall be subject to | ||||||
| 19 | all examinations and academic
standards, including the | ||||||
| 20 | maintenance of minimum grade levels, that are
applicable | ||||||
| 21 | generally to other enrolled students at the Illinois | ||||||
| 22 | institution of
higher learning where the Scholarship is being | ||||||
| 23 | used.
If the surviving spouse
remarries or if there is a | ||||||
| 24 | divorce between the veteran or serviceperson and
his or her | ||||||
| 25 | spouse while the dependent is pursuing his or her course of
| ||||||
| 26 | study, Scholarship benefits will be terminated at the end of | ||||||
| |||||||
| |||||||
| 1 | the term for
which he or she is presently enrolled. Such | ||||||
| 2 | dependents shall also be
entitled, upon proper proof and | ||||||
| 3 | application, to enroll in any extension
course offered by a | ||||||
| 4 | State supported Illinois institution of higher learning
| ||||||
| 5 | without payment of tuition and approved fees.
| ||||||
| 6 | The holder of a MIA/POW Scholarship authorized under this | ||||||
| 7 | Section shall
not be required to pay any matriculation or | ||||||
| 8 | application fees, tuition,
activities fees, graduation fees or | ||||||
| 9 | other fees, except multipurpose
building fees or similar fees | ||||||
| 10 | for supplies and materials.
| ||||||
| 11 | Any dependent who has been or shall be awarded a MIA/POW | ||||||
| 12 | Scholarship shall
be reimbursed by the appropriate institution | ||||||
| 13 | of higher learning for any
fees which he or she has paid and | ||||||
| 14 | for which exemption is granted under this
Section if | ||||||
| 15 | application for reimbursement is made within 2 months following
| ||||||
| 16 | the end of the school term for which the fees were paid.
| ||||||
| 17 | (b) In lieu of the benefit provided in subsection (a), any | ||||||
| 18 | spouse,
natural child, legally adopted child, or step-child of | ||||||
| 19 | an eligible veteran
or serviceperson, which spouse or child has | ||||||
| 20 | a physical, mental or
developmental disability, shall be | ||||||
| 21 | entitled to receive, upon application and
proper proof, a | ||||||
| 22 | benefit to be used for the purpose of defraying the cost of
the | ||||||
| 23 | attendance or treatment of such spouse or child at one or more
| ||||||
| 24 | appropriate therapeutic, rehabilitative or educational | ||||||
| 25 | facilities. The
application and proof may be made by the parent | ||||||
| 26 | or legal guardian of the
spouse or child on his or her behalf.
| ||||||
| |||||||
| |||||||
| 1 | The total benefit provided to any beneficiary under this | ||||||
| 2 | subsection shall
not exceed the cost equivalent of 4 calendar | ||||||
| 3 | years of full-time enrollment,
including summer terms, at the | ||||||
| 4 | University of Illinois. Whenever
practicable in the opinion of | ||||||
| 5 | the Department of Veterans' Affairs, payment
of benefits under | ||||||
| 6 | this subsection shall be made directly to the facility,
the | ||||||
| 7 | cost of attendance or treatment at which is being defrayed, as | ||||||
| 8 | such
costs accrue.
| ||||||
| 9 | (c) The benefits of this Section shall be administered by | ||||||
| 10 | and paid for out
of funds made available to the Illinois | ||||||
| 11 | Department of Veterans' Affairs.
The amounts that become due to | ||||||
| 12 | any state supported Illinois institution of
higher learning | ||||||
| 13 | shall be payable by the Comptroller to such institution on
| ||||||
| 14 | vouchers approved by the Illinois Department of Veterans' | ||||||
| 15 | Affairs. The
amounts that become due under subsection (b) of | ||||||
| 16 | this Section shall be
payable by warrant upon vouchers issued | ||||||
| 17 | by the Illinois Department of
Veterans' Affairs and approved by | ||||||
| 18 | the Comptroller. The Illinois Department
of Veterans' Affairs | ||||||
| 19 | shall determine the eligibility of the persons
who make | ||||||
| 20 | application for the benefits provided for in this Section.
| ||||||
| 21 | (Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15; | ||||||
| 22 | revised 9-2-16.)
| ||||||
| 23 | (105 ILCS 5/34-18.49) | ||||||
| 24 | Sec. 34-18.49. Carbon monoxide alarm required. | ||||||
| 25 | (a) In this Section: | ||||||
| |||||||
| |||||||
| 1 | "Approved carbon monoxide alarm" and "alarm" have the | ||||||
| 2 | meaning ascribed to those terms in the Carbon Monoxide Alarm | ||||||
| 3 | Detector Act. | ||||||
| 4 | "Carbon monoxide detector" and "detector" mean a device | ||||||
| 5 | having a sensor that responds to carbon monoxide gas and that | ||||||
| 6 | is connected to an alarm control unit and approved in | ||||||
| 7 | accordance with rules adopted by the State Fire Marshal. | ||||||
| 8 | (b) The board shall require that each school under its | ||||||
| 9 | authority be equipped with approved carbon monoxide alarms or | ||||||
| 10 | carbon monoxide detectors. The alarms must be powered as | ||||||
| 11 | follows: | ||||||
| 12 | (1) For a school designed before January 1, 2016 (the | ||||||
| 13 | effective date of Public Act 99-470) this amendatory Act of | ||||||
| 14 | the 99th General Assembly, alarms powered by batteries are | ||||||
| 15 | permitted. Alarms permanently powered by the building's | ||||||
| 16 | electrical system and monitored by any required fire alarm | ||||||
| 17 | system are also permitted. | ||||||
| 18 | (2) For a school designed on or after January 1, 2016 | ||||||
| 19 | (the effective date of Public Act 99-470) this amendatory | ||||||
| 20 | Act of the 99th General Assembly, alarms must be | ||||||
| 21 | permanently powered by the building's electrical system or | ||||||
| 22 | be an approved carbon monoxide detection system. An | ||||||
| 23 | installation required in this subdivision (2) must be | ||||||
| 24 | monitored by any required fire alarm system. | ||||||
| 25 | Alarms or detectors must be located within 20 feet of a | ||||||
| 26 | carbon monoxide emitting device. Alarms or detectors must be in | ||||||
| |||||||
| |||||||
| 1 | operating condition and be inspected annually. A school is | ||||||
| 2 | exempt from the requirements of this Section if it does not | ||||||
| 3 | have or is not close to any sources of carbon monoxide. A | ||||||
| 4 | school must require plans, protocols, and procedures in | ||||||
| 5 | response to the activation of a carbon monoxide alarm or carbon | ||||||
| 6 | monoxide detection system.
| ||||||
| 7 | (Source: P.A. 99-470, eff. 1-1-16; revised 9-6-16.)
| ||||||
| 8 | (105 ILCS 5/34-18.50) | ||||||
| 9 | Sec. 34-18.50. Accelerate College pilot program. The | ||||||
| 10 | district may enter into an Accelerate College educational | ||||||
| 11 | partnership agreement as authorized under Section 3-42.4 of the | ||||||
| 12 | Public Community College Act.
| ||||||
| 13 | (Source: P.A. 99-611, eff. 7-22-16.)
| ||||||
| 14 | (105 ILCS 5/34-18.51) | ||||||
| 15 | Sec. 34-18.51 34-18.49. Committee on the retention of | ||||||
| 16 | students. | ||||||
| 17 | (a) The board may create a committee on the retention of | ||||||
| 18 | students. The committee shall consist of the general | ||||||
| 19 | superintendent of schools or his or her designee, a district | ||||||
| 20 | administrator who directs student instruction and curriculum, | ||||||
| 21 | a principal from a school of the district, and a teacher from a | ||||||
| 22 | school of the district. | ||||||
| 23 | (b) Prior to retention in a grade, a school may submit, by | ||||||
| 24 | a date as set by the committee on the retention of students, | ||||||
| |||||||
| |||||||
| 1 | the names of all students determined by the school to not | ||||||
| 2 | qualify for promotion to the next higher grade and the reason | ||||||
| 3 | for that determination. The committee shall review the school's | ||||||
| 4 | decision to retain with respect to each student and shall make | ||||||
| 5 | a final decision regarding whether or not to retain a | ||||||
| 6 | particular student. The committee shall take into | ||||||
| 7 | consideration the relevant data and evidence gathered during | ||||||
| 8 | the Response to Intervention process. The committee may vote to | ||||||
| 9 | overturn a retention decision if the committee determines that | ||||||
| 10 | the student should be promoted after examining the student's | ||||||
| 11 | access to remedial assistance, performance, attendance, and | ||||||
| 12 | participation and the resources and facilities provided by the | ||||||
| 13 | school district or due to the student having an undiagnosed | ||||||
| 14 | learning disability.
| ||||||
| 15 | (Source: P.A. 99-592, eff. 7-22-16; revised 9-6-16.)
| ||||||
| 16 | (105 ILCS 5/34-18.52) | ||||||
| 17 | Sec. 34-18.52 34-18.50. DCFS liaison. | ||||||
| 18 | (a) The board may appoint at least one employee to act as a | ||||||
| 19 | liaison to facilitate the enrollment and transfer of records of | ||||||
| 20 | students in the legal custody of the Department of Children and | ||||||
| 21 | Family Services when enrolling in or changing schools. The | ||||||
| 22 | board may appoint any employee of the school district who is | ||||||
| 23 | licensed under Article 21B of this Code to act as a liaison; | ||||||
| 24 | however, employees who meet any of the following criteria must | ||||||
| 25 | be prioritized for appointment: | ||||||
| |||||||
| |||||||
| 1 | (1) Employees who have worked with mobile student | ||||||
| 2 | populations or students in foster care. | ||||||
| 3 | (2) Employees who are familiar with enrollment, record | ||||||
| 4 | transfers, existing community services, and student | ||||||
| 5 | support services. | ||||||
| 6 | (3) Employees who serve as a high-level administrator. | ||||||
| 7 | (4) Employees who are counselors or have experience | ||||||
| 8 | with student counseling. | ||||||
| 9 | (5) Employees who are knowledgeable on child welfare | ||||||
| 10 | policies. | ||||||
| 11 | (6) Employees who serve as a school social worker. | ||||||
| 12 | (b) Liaisons under this Section are encouraged to build | ||||||
| 13 | capacity and infrastructure within the school district to | ||||||
| 14 | support students in the legal custody of the Department of | ||||||
| 15 | Children and Family Services. Liaison responsibilities may | ||||||
| 16 | include the following: | ||||||
| 17 | (1) streamlining the enrollment processes for students | ||||||
| 18 | in foster care; | ||||||
| 19 | (2) implementing student data tracking and monitoring | ||||||
| 20 | mechanisms; | ||||||
| 21 | (3) ensuring that students in the legal custody of the | ||||||
| 22 | Department of Children and Family Services receive all | ||||||
| 23 | school nutrition and meal programs available; | ||||||
| 24 | (4) coordinating student withdrawal from a school, | ||||||
| 25 | record transfers, and credit recovery; | ||||||
| 26 | (5) becoming experts on the foster care system and | ||||||
| |||||||
| |||||||
| 1 | State laws and policies in place that support children | ||||||
| 2 | under the legal custody of the Department of Children and | ||||||
| 3 | Family Services; | ||||||
| 4 | (6) coordinating with child welfare partners; | ||||||
| 5 | (7) providing foster care-related information and | ||||||
| 6 | training to the school district; | ||||||
| 7 | (8) working with the Department of Children and Family | ||||||
| 8 | Services to help students maintain their school placement, | ||||||
| 9 | if appropriate; | ||||||
| 10 | (9) reviewing student schedules to ensure that | ||||||
| 11 | students are on track to graduate; | ||||||
| 12 | (10) encouraging a successful transition into | ||||||
| 13 | adulthood and post-secondary opportunities; | ||||||
| 14 | (11) encouraging involvement in extracurricular | ||||||
| 15 | activities; and | ||||||
| 16 | (12) knowing what support is available within the | ||||||
| 17 | school district and community for students in the legal | ||||||
| 18 | custody of the Department of Children and Family Services. | ||||||
| 19 | (c) The school district is encouraged to designate a | ||||||
| 20 | liaison by the beginning of the 2017-2018 school year. | ||||||
| 21 | (d) Individuals licensed under Article 21B of this Code | ||||||
| 22 | acting as a liaison under this Section shall perform the duties | ||||||
| 23 | of a liaison in addition to existing contractual obligations.
| ||||||
| 24 | (Source: P.A. 99-781, eff. 8-12-16; revised 10-18-16.)
| ||||||
| 25 | (105 ILCS 5/34-54.2) (from Ch. 122, par. 34-54.2)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 34-54.2. Taxes levied in 1989 and 1990.
| ||||||
| 2 | (a) All real property taxes levied by the board in 1989 and | ||||||
| 3 | 1990 are
confirmed and validated, and are declared to be and | ||||||
| 4 | are valid, in all
respects as if they had been timely and | ||||||
| 5 | properly levied by the city council
upon the demand and | ||||||
| 6 | direction of the Board. It shall not be a valid ground
for any | ||||||
| 7 | person in any way to object to, protest, bring any proceeding | ||||||
| 8 | with
regard to or defend against the collection of any such | ||||||
| 9 | taxes, that the
taxes were levied by the board.
| ||||||
| 10 | (b) The board may levy taxes against all taxable property | ||||||
| 11 | located within
the city in an amount equal to all taxes | ||||||
| 12 | purported to be levied by the
board in 1989 and in 1990, for | ||||||
| 13 | each purpose for which taxes were purported
so to be levied, to | ||||||
| 14 | the extent those taxes shall not yet have been extended
for | ||||||
| 15 | collection at the time of the levy authorized by this paragraph | ||||||
| 16 | (b).
The taxes authorized to be levied by this paragraph (b) | ||||||
| 17 | shall be levied by
a resolution of the board selected pursuant | ||||||
| 18 | to Public Act 86-1477 this amendatory Act of 1991.
The | ||||||
| 19 | resolution shall be adopted upon concurrence of a majority of | ||||||
| 20 | the
members of the board. The taxes levied pursuant to this | ||||||
| 21 | paragraph (b) shall
be extended for collection in 1991 and | ||||||
| 22 | subsequent years and in amounts so
that they do not exceed the | ||||||
| 23 | maximum rates at which taxes may be extended
for the various | ||||||
| 24 | school purposes, all as shall be set forth in a certificate
of | ||||||
| 25 | the controller of the board as provided in Section Sec. 34-54.1 | ||||||
| 26 | of this the School
Code, as amended. Taxes levied pursuant to | ||||||
| |||||||
| |||||||
| 1 | this paragraph (b) shall be in
addition to all other taxes | ||||||
| 2 | which have been or may be levied by or for the
board, except | ||||||
| 3 | that the extension of taxes levied pursuant to this paragraph
| ||||||
| 4 | (b), to the extent valid and legal in all respects, shall be an | ||||||
| 5 | abatement
of the same amount of taxes previously purported to | ||||||
| 6 | be levied by the board
which were to have been extended in the | ||||||
| 7 | same year for the same purpose, it
being the intention of the | ||||||
| 8 | General Assembly that there not be extended
duplicate taxes for | ||||||
| 9 | the same year and purpose. It shall not be necessary
that the | ||||||
| 10 | board give any notice or conduct any hearings for any purpose
| ||||||
| 11 | whatsoever or to have adopted any proceedings with respect to | ||||||
| 12 | any budget,
in connection with the levy and extension of taxes | ||||||
| 13 | pursuant to this
paragraph (b). The board shall cause a | ||||||
| 14 | certified copy of its resolution
levying taxes pursuant to this | ||||||
| 15 | paragraph (b) to be filed with the county
clerk of each county | ||||||
| 16 | in which any taxable property in the city is located
within 30 | ||||||
| 17 | days after the adoption of the resolution.
| ||||||
| 18 | (Source: P.A. 86-1477; revised 9-2-16.)
| ||||||
| 19 | (105 ILCS 5/34A-404) (from Ch. 122, par. 34A-404)
| ||||||
| 20 | Sec. 34A-404. Budgets. The Board shall develop and adopt | ||||||
| 21 | and submit to
the Authority on or before February 1, 1980, for | ||||||
| 22 | approval by the Authority,
a revised Budget for the remaining | ||||||
| 23 | portion of the Fiscal Year ending in 1980
and, thereafter, an | ||||||
| 24 | annual Budget for each Fiscal Year. After adoption
by the | ||||||
| 25 | Board, the Board shall submit each Budget to the Authority for | ||||||
| |||||||
| |||||||
| 1 | its
approval not later than 30 days prior to the commencement | ||||||
| 2 | of the
Fiscal
Year to which the Budget relates. The Authority | ||||||
| 3 | shall approve or reject
the Budget within 15 days of its | ||||||
| 4 | receipt from the Board. No Budget
shall
have force or effect | ||||||
| 5 | without approval of the Authority. Each Budget shall
be | ||||||
| 6 | developed, submitted, approved and monitored in accordance | ||||||
| 7 | with
the following procedures:
| ||||||
| 8 | (a) Each Budget submitted by the Board shall be based | ||||||
| 9 | upon revenue estimates
approved or prepared by the | ||||||
| 10 | Authority, as provided in paragraph (a) of Section
34A-403 | ||||||
| 11 | of this Article.
| ||||||
| 12 | (b) Each Budget shall contain such information and | ||||||
| 13 | detail as may be
prescribed
by the Authority. The Authority | ||||||
| 14 | may also prescribe any reasonable time,
standards, | ||||||
| 15 | procedures or forms for preparation and submission of the | ||||||
| 16 | Budget.
Any deficit for the Fiscal Year ending in 1981 and | ||||||
| 17 | for any Fiscal Year
thereafter
shall be included
as a | ||||||
| 18 | current expense item for the succeeding Fiscal Year.
| ||||||
| 19 | (c)(1) The Authority shall approve each Budget if, in | ||||||
| 20 | its judgment, the
Budget
is complete, is reasonably capable | ||||||
| 21 | of being achieved, will meet the requirement
set forth in | ||||||
| 22 | Section 34A-402 of this Article, and will be consistent | ||||||
| 23 | with
the Financial Plan in effect. Otherwise, the Authority | ||||||
| 24 | shall reject the
Budget. In the event of rejection,
the | ||||||
| 25 | Authority may prescribe a procedure and standards for | ||||||
| 26 | revision of the
Budget by the Board.
| ||||||
| |||||||
| |||||||
| 1 | (c)(2) For any Fiscal Year, the Authority may approve
a | ||||||
| 2 | provisional budget that, in its judgment, will satisfy the | ||||||
| 3 | standards of
subdivision (c)(1) of this Section if, | ||||||
| 4 | notwithstanding the provisions of the
Illinois Educational | ||||||
| 5 | Labor Relations Act or any other law to the contrary, the
| ||||||
| 6 | amount appropriated therein for all spending for | ||||||
| 7 | operations shall not at any
time, on an annualized basis, | ||||||
| 8 | exceed an Expenditure Limitation established by
the | ||||||
| 9 | Authority. The Authority may establish and enforce, | ||||||
| 10 | including by exercise
of its powers under Section | ||||||
| 11 | 34A-409(b), such monitoring and control measures as
it | ||||||
| 12 | deems necessary to assure that the commitments, | ||||||
| 13 | obligations, expenditures,
and cash disbursements of the | ||||||
| 14 | Board continue to conform on an ongoing basis
with any | ||||||
| 15 | Expenditure Limitation. No
commitment, contract, or other | ||||||
| 16 | obligation of the Board in excess of the
Expenditure | ||||||
| 17 | Limitation shall be legally binding, and any member of the | ||||||
| 18 | Board or
any local school council, or officer, employee or | ||||||
| 19 | agent thereof, who violates
the provisions of this Section | ||||||
| 20 | shall be subject to the provisions of Sections
34-52 and | ||||||
| 21 | 34A-608. An Expenditure Limitation established by the | ||||||
| 22 | Authority
shall remain in effect for that Fiscal Year or | ||||||
| 23 | until revoked by the
Authority.
| ||||||
| 24 | (d) The Board shall report to the Authority at such | ||||||
| 25 | times and in such
manner as the Authority may direct, | ||||||
| 26 | concerning the Board's compliance with
each Budget. The | ||||||
| |||||||
| |||||||
| 1 | Authority may review the Board's operations, obtain | ||||||
| 2 | budgetary
data and financial statements, require the Board | ||||||
| 3 | to produce reports, and
have access to any other | ||||||
| 4 | information in the possession of the Board that
the | ||||||
| 5 | Authority deems relevant. The Authority may issue | ||||||
| 6 | recommendations or
directives within its powers to the | ||||||
| 7 | Board to assure compliance with the
Budget. The Board shall | ||||||
| 8 | produce such budgetary data, financial statements,
reports | ||||||
| 9 | and other information and comply with such directives.
| ||||||
| 10 | (e) After approval of each Budget, the Board shall | ||||||
| 11 | promptly notify the
Authority of any material change in the | ||||||
| 12 | revenue or expenditure estimates
in the Budget. The Board | ||||||
| 13 | may submit to the Authority, or the Authority
may require | ||||||
| 14 | the Board to submit, a supplemental Budget. The Authority | ||||||
| 15 | shall
approve or reject each supplemental Budget pursuant | ||||||
| 16 | to paragraph (c) of this
Section.
| ||||||
| 17 | (Source: P.A. 88-511; revised 9-2-16.)
| ||||||
| 18 | Section 335. The Education for Homeless Children Act is | ||||||
| 19 | amended by changing Section 1-10 as follows:
| ||||||
| 20 | (105 ILCS 45/1-10)
| ||||||
| 21 | Sec. 1-10. Choice of schools.
| ||||||
| 22 | (a) When a child loses permanent housing and becomes a | ||||||
| 23 | homeless person
within the meaning of Section 1-5 5, or when a | ||||||
| 24 | homeless child changes his or her
temporary living | ||||||
| |||||||
| |||||||
| 1 | arrangements, the parents or guardians of the homeless child
| ||||||
| 2 | shall have the option of either:
| ||||||
| 3 | (1) continuing the child's education in the school of | ||||||
| 4 | origin for as long
as the child remains homeless or, if the | ||||||
| 5 | child becomes permanently housed,
until the end of the | ||||||
| 6 | academic year during which the housing is acquired; or
| ||||||
| 7 | (2) enrolling the child in any school that nonhomeless | ||||||
| 8 | students who live
in the attendance area in which the child | ||||||
| 9 | or youth is actually living are
eligible to attend.
| ||||||
| 10 | (Source: P.A. 88-634, eff. 1-1-95; revised 10-25-16.)
| ||||||
| 11 | Section 340. The Speech Rights of Student Journalists Act | ||||||
| 12 | is amended by changing Section 5 as follows:
| ||||||
| 13 | (105 ILCS 80/5)
| ||||||
| 14 | Sec. 5. Definitions. As used in this Act: | ||||||
| 15 | "School official" means a school's principal or his or her | ||||||
| 16 | designee." | ||||||
| 17 | "School-sponsored media" means any material that is | ||||||
| 18 | prepared, substantially written, published, or broadcast by a | ||||||
| 19 | student journalist at a public school, distributed or generally | ||||||
| 20 | made available to members of the student body, and prepared | ||||||
| 21 | under the direction of a student media adviser. | ||||||
| 22 | School-sponsored media does not include media intended for | ||||||
| 23 | distribution or transmission solely in the classroom in which | ||||||
| 24 | the media is produced. | ||||||
| |||||||
| |||||||
| 1 | "Student journalist" means a public high school student who | ||||||
| 2 | gathers, compiles, writes, edits, photographs, records, or | ||||||
| 3 | prepares information for dissemination in school-sponsored | ||||||
| 4 | media. | ||||||
| 5 | "Student media adviser" means an individual employed, | ||||||
| 6 | appointed, or designated by a school district to supervise or | ||||||
| 7 | provide instruction relating to school-sponsored media.
| ||||||
| 8 | (Source: P.A. 99-678, eff. 7-29-16; revised 10-25-16.)
| ||||||
| 9 | Section 345. The Career and Workforce Transition Act is | ||||||
| 10 | amended by changing Section 5 as follows:
| ||||||
| 11 | (110 ILCS 151/5)
| ||||||
| 12 | Sec. 5. Definitions. In this Act: | ||||||
| 13 | "Board" means the Illinois Community College Board. | ||||||
| 14 | "Institution" means a non-degree granting institution that | ||||||
| 15 | is regulated and approved by the Board of Higher Education | ||||||
| 16 | under the Private Business and Vocational Schools Act of 2012 | ||||||
| 17 | and that is nationally accredited by an accreditor approved by | ||||||
| 18 | the U.S. Department of Education.
| ||||||
| 19 | (Source: P.A. 99-468, eff. 1-1-16; revised 10-25-16.)
| ||||||
| 20 | Section 350. The University of Illinois Construction | ||||||
| 21 | Financing Act is amended by changing Section 1 as follows:
| ||||||
| 22 | (110 ILCS 415/1) (from Ch. 144, par. 68)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 1.
For the purpose of obtaining a grant or inducing | ||||||
| 2 | the making of a
grant by the United States or any agency | ||||||
| 3 | thereof (herein called the
"Government") or a grant, gift or | ||||||
| 4 | loan by or from any person or
corporation, to aid in financing | ||||||
| 5 | the acquiring, constructing or equipping
of any one or more, or | ||||||
| 6 | all university, college, or educational building or
buildings | ||||||
| 7 | (herein called the "project") on which the Board of Trustees of
| ||||||
| 8 | the University of Illinois (herein called the "Board") shall | ||||||
| 9 | enter into a year-to-year
year to year or other lease, or be | ||||||
| 10 | given the privilege to enter into any
such lease, the Board | ||||||
| 11 | shall have the following powers in addition to those
conferred | ||||||
| 12 | by other laws:
| ||||||
| 13 | 1. To create a trust or trusts (the trustee or trustees | ||||||
| 14 | thereunder being
herein called the "active trustee" ') for | ||||||
| 15 | the purpose of acquiring,
constructing, equipping any one | ||||||
| 16 | or more, or all, such projects and
providing for the use | ||||||
| 17 | thereof during such period as the Board may determine
and | ||||||
| 18 | for other purposes, which trust may be for exclusively | ||||||
| 19 | university or
other public educational purposes; to | ||||||
| 20 | convey, upon such terms as it may
determine, any of its | ||||||
| 21 | property to an active trustee to be held in trust
under the | ||||||
| 22 | terms and provisions of the trust agreement relating | ||||||
| 23 | thereto;
| ||||||
| 24 | 2. To enter into trust agreements creating trusts which | ||||||
| 25 | shall be and
constitute charitable trusts and shall not be | ||||||
| 26 | subject to the rule against
perpetuities, providing the | ||||||
| |||||||
| |||||||
| 1 | powers and duties of the active trustee, which
may consist | ||||||
| 2 | of such powers and duties as the Board may deem necessary | ||||||
| 3 | or
convenient to accomplish the purposes of the trust, | ||||||
| 4 | including, without
limiting the generality of the | ||||||
| 5 | foregoing, the power of such active trustee:
| ||||||
| 6 | (a) to construct, reconstruct, improve, alter and | ||||||
| 7 | repair any such
project; to hold, manage, operate, use, | ||||||
| 8 | insure, lease or rent any project;
| ||||||
| 9 | (b) to issue negotiable bonds, notes or interim | ||||||
| 10 | receipts (herein called
the "bonds") maturing over a | ||||||
| 11 | period not exceeding 30 years for the purpose
of aiding | ||||||
| 12 | in financing any project and to make covenants securing | ||||||
| 13 | the
bonds or relating to the bonds and the disposition | ||||||
| 14 | and use of the proceeds
thereof;
| ||||||
| 15 | (c) to secure such bonds by an indenture to a | ||||||
| 16 | trustee or trustees for
the holders of such bonds | ||||||
| 17 | (herein called the "bondholders' trustee")
providing | ||||||
| 18 | the rights and powers of such trustee and of the | ||||||
| 19 | bondholders,
their respective rights to enforce the | ||||||
| 20 | payment of the bonds or any
covenants securing or | ||||||
| 21 | relating to same, which shall not, however, include
the | ||||||
| 22 | right to forfeit or obtain title to the project through | ||||||
| 23 | foreclosure
proceedings or otherwise; to covenant as | ||||||
| 24 | to events of default, the
consequences thereof and the | ||||||
| 25 | conditions upon which bonds may become or be
declared | ||||||
| 26 | due before maturity;
| ||||||
| |||||||
| |||||||
| 1 | (d) to confer upon the bondholders' trustee the | ||||||
| 2 | power, in case of a
default under the bonds or | ||||||
| 3 | indenture securing same, to enforce the payments
of all | ||||||
| 4 | sums due under leases of any project, to compel the | ||||||
| 5 | performance of
any covenants or conditions therein, to | ||||||
| 6 | take possession, use, operate,
manage and control any | ||||||
| 7 | project and collect and dispose of the rents
therefrom; | ||||||
| 8 | in the event that such powers are conferred upon the
| ||||||
| 9 | bondholders' trustee, same may be exercised by it | ||||||
| 10 | without its forfeiting or
obtaining title to the | ||||||
| 11 | project through foreclosure proceedings or
otherwise;
| ||||||
| 12 | (e) to confer upon the bondholders' trustee the | ||||||
| 13 | power, in case of a
default under the bonds or | ||||||
| 14 | indenture securing same, to lease, use or
operate a | ||||||
| 15 | project for purposes other than those for which the | ||||||
| 16 | active
trustee itself may lease, use or operate same; | ||||||
| 17 | the conferring of such power
upon the bondholders' | ||||||
| 18 | trustee shall not, however, affect the validity or
| ||||||
| 19 | exclusively public educational character of a trust or | ||||||
| 20 | the property held by
the active trustee thereunder;
| ||||||
| 21 | (f) to execute all instruments and contracts and to | ||||||
| 22 | do all things
necessary or convenient to carry out the | ||||||
| 23 | powers conferred by such trust
agreement.
| ||||||
| 24 | 3. To enter into agreements creating or authorizing the | ||||||
| 25 | creation of
special funds for moneys held for the | ||||||
| 26 | construction of any project and to
covenant as to the use | ||||||
| |||||||
| |||||||
| 1 | and disposition of the moneys held in such funds;
| ||||||
| 2 | 4. To enter into a year-to-year year to year or other | ||||||
| 3 | lease on any such projects,
with the privilege in the Board | ||||||
| 4 | of terminating or not renewing such lease
for any year or | ||||||
| 5 | years, upon giving such notice as may be prescribed in such
| ||||||
| 6 | lease; such lease shall be in such form, with such rental, | ||||||
| 7 | terms, parties
and conditions as the Board may determine; | ||||||
| 8 | to obtain options to lease any
such projects from year to | ||||||
| 9 | year, and to exercise such options; to vest in
its lessor | ||||||
| 10 | and in a trustee for the holders of bonds issued by its | ||||||
| 11 | lessor,
the right by mandamus, injunction, civil action or | ||||||
| 12 | proceedings, to
enforce the payment by the Board of any | ||||||
| 13 | sums due under any such lease or to
compel its performance | ||||||
| 14 | of any covenants or conditions contained therein;
| ||||||
| 15 | 5. To agree with the Government that if the Board | ||||||
| 16 | leases any such
project or projects from an active trustee, | ||||||
| 17 | a bondholders' trustee or
otherwise, the Board shall pledge | ||||||
| 18 | for the payment of its rentals or the
performance of its | ||||||
| 19 | obligations under any such lease its own receipts,
| ||||||
| 20 | collections or trust funds thereunto available (herein | ||||||
| 21 | called "funds")
which it is authorized by law to retain in | ||||||
| 22 | its own treasury for the
performance of any contract or | ||||||
| 23 | undertaking with the Government or any
person in connection | ||||||
| 24 | with any grant, advance, loan, trust agreement or
contract | ||||||
| 25 | for the erection of a building or buildings; to pledge and | ||||||
| 26 | use
said funds for the payment of its rents or for the | ||||||
| |||||||
| |||||||
| 1 | performance of its
obligations under any such lease; | ||||||
| 2 | provided, however, that the aggregate
amount pledged by the | ||||||
| 3 | Board for the payment in any year of rentals or
obligations | ||||||
| 4 | under such lease or leases of any project for the | ||||||
| 5 | construction
of which the Government makes both a loan and | ||||||
| 6 | a grant together with all
sums pledged for the payment in | ||||||
| 7 | any such year of other obligations incurred
by the Board | ||||||
| 8 | under the University of Illinois Works Projects Act "An Act | ||||||
| 9 | to authorize the Board of Trustees of the
University of | ||||||
| 10 | Illinois to enter into contracts with the United States for
| ||||||
| 11 | the erection of buildings and improvements, pursuant to | ||||||
| 12 | Public Resolution
11, 74th Congress, First Session, House | ||||||
| 13 | Joint Resolution 117, approved by
the President of the | ||||||
| 14 | United States April 8, 1935, at 4:00 p.m., and to
authorize | ||||||
| 15 | the financing of such improvements in conformity with such
| ||||||
| 16 | resolution, the National Industrial Recovery Act, and such | ||||||
| 17 | other Acts of
Congress enacted for the purpose of aiding | ||||||
| 18 | the processes of national
recovery," approved July 11, | ||||||
| 19 | 1935, or this Act, or under both such Acts,
for the | ||||||
| 20 | construction of which the Government makes both a loan and | ||||||
| 21 | a grant,
and including the Congressional Resolution | ||||||
| 22 | approved June 29, 1937, as
amended June 21, 1938, known as | ||||||
| 23 | Federal Public Buildings Appropriation Act
of 1938, and | ||||||
| 24 | other acts of the United States Congress heretofore or
| ||||||
| 25 | hereafter enacted for the purpose of providing public | ||||||
| 26 | buildings for the
States and governmental agencies | ||||||
| |||||||
| |||||||
| 1 | thereof, shall not exceed the sum of
$100,000; to covenant | ||||||
| 2 | against pledging all or any part of said receipts or
| ||||||
| 3 | collections or permitting or suffering any lien thereon;
| ||||||
| 4 | 6. To create a trust or trusts, in which the Board | ||||||
| 5 | itself may serve as
trustee, for the acquisition, through | ||||||
| 6 | lease, purchase or construction, and
for maintenance and | ||||||
| 7 | operation of self-liquidating buildings, such as a
student | ||||||
| 8 | center building or student residence halls, or both, | ||||||
| 9 | through the
collection of service charges or rentals from | ||||||
| 10 | students, and for whose use
such funds shall be held by the | ||||||
| 11 | Board in its own treasury, which service
charges or rentals | ||||||
| 12 | shall be so held in trust by the Board and expended
solely | ||||||
| 13 | for the purpose described in the instruments creating the | ||||||
| 14 | trust or
trusts;
| ||||||
| 15 | 7. To exercise all or any part or combination of the | ||||||
| 16 | powers herein
granted and to execute all instruments and | ||||||
| 17 | contracts and to do all things
necessary or convenient to | ||||||
| 18 | carry out the powers herein granted; provided,
however, | ||||||
| 19 | that the obligations under leases, trust agreements or | ||||||
| 20 | otherwise
incurred by the Board pursuant to this Act shall | ||||||
| 21 | not be a debt of the State
of Illinois and the State shall | ||||||
| 22 | not be liable thereon, and provided further
that the bonds | ||||||
| 23 | and other obligations of an active trustee appointed
| ||||||
| 24 | hereunder by the Board shall not be a debt of the Board or | ||||||
| 25 | the State and
neither the Board nor the State shall be | ||||||
| 26 | liable thereon, and the bonds
shall in substance so recite. | ||||||
| |||||||
| |||||||
| 1 | The obligations under leases, trust
agreements or | ||||||
| 2 | otherwise incurred hereunder by the Board and the bonds or
| ||||||
| 3 | other obligations of an active trustee appointed hereunder | ||||||
| 4 | shall not
constitute an indebtedness within the meaning of | ||||||
| 5 | any constitutional or
other debt limitation or | ||||||
| 6 | restriction.
| ||||||
| 7 | (Source: P.A. 83-345; revised 9-2-16.)
| ||||||
| 8 | Section 355. The Higher Education Student Assistance Act is | ||||||
| 9 | amended by changing Sections 90 and 135 as follows:
| ||||||
| 10 | (110 ILCS 947/90)
| ||||||
| 11 | Sec. 90. State income tax refund and other payment | ||||||
| 12 | intercept.
The Commission may provide by rule for | ||||||
| 13 | certification to the Comptroller:
(a) of delinquent or | ||||||
| 14 | defaulted amounts due and owing owning from a borrower on
any | ||||||
| 15 | loan guaranteed by the Commission under this Act
or on any | ||||||
| 16 | "eligible loan" as that term is defined under the
Educational | ||||||
| 17 | Loan Purchase Program Law; and (b) of any amounts recoverable
| ||||||
| 18 | under Section 120 in a civil action from a person who received | ||||||
| 19 | a
scholarship, grant, monetary award, or guaranteed loan. The | ||||||
| 20 | purpose of
certification shall be to intercept State income tax | ||||||
| 21 | refunds and other
payments due such borrowers and persons in | ||||||
| 22 | order to satisfy, in whole or in
part: (i) delinquent or | ||||||
| 23 | defaulted amounts due and owing from any such
borrower on any | ||||||
| 24 | such guaranteed or eligible loan; and (ii) amounts recoverable
| ||||||
| |||||||
| |||||||
| 1 | from a person against whom a civil action will lie under the | ||||||
| 2 | provisions of
Section 120. The rule shall provide for notice to | ||||||
| 3 | any such borrower or person
affected, and any final | ||||||
| 4 | administrative decision rendered by the Commission with
| ||||||
| 5 | respect to any certification made pursuant to this Section | ||||||
| 6 | shall be reviewed
only under and in accordance with the | ||||||
| 7 | Administrative Review Law.
| ||||||
| 8 | (Source: P.A. 87-997; revised 9-2-16.)
| ||||||
| 9 | (110 ILCS 947/135)
| ||||||
| 10 | Sec. 135. Definitions. In this Act, and except to the | ||||||
| 11 | extent that any of the
following words or phrases is | ||||||
| 12 | specifically qualified by its context:
| ||||||
| 13 | (a) "Purchase Program" means the Commission exercising its | ||||||
| 14 | power to
establish a secondary market for certain loans of | ||||||
| 15 | borrowers by
the purchase thereof with the proceeds from the | ||||||
| 16 | sale of the bonds of the
Commission issued pursuant to this | ||||||
| 17 | Act, with the earnings received by
the Commission from any | ||||||
| 18 | authorized investment, or with eligible loan receipts.
| ||||||
| 19 | (b) "Eligible loans" means loans of borrowers made, | ||||||
| 20 | purchased, or
guaranteed by or transferred to the Commission,
| ||||||
| 21 | including but not limited to loans on which:
| ||||||
| 22 | (1) the borrower is contractually delinquent in his | ||||||
| 23 | repayment obligations
within time limitations specified by | ||||||
| 24 | the Commission; or
| ||||||
| 25 | (2) the borrower is temporarily unable to meet his | ||||||
| |||||||
| |||||||
| 1 | repayment obligations
for reasons of unemployment, or | ||||||
| 2 | financial, medical or other hardship as
determined by the | ||||||
| 3 | Commission; or
| ||||||
| 4 | (3) the borrower has at least one loan held by the | ||||||
| 5 | Commission under the
Purchase Program; or
| ||||||
| 6 | (4) the borrower's lender, because of the bankruptcy of | ||||||
| 7 | that
lender, is no longer able or the Commission otherwise | ||||||
| 8 | determines that such
lender is no longer able to | ||||||
| 9 | satisfactorily service the borrower's loan or
fulfill the | ||||||
| 10 | borrower's credit needs under the Commission's program; or
| ||||||
| 11 | (5) the borrower has defaulted on his loan, but has | ||||||
| 12 | subsequently
established a satisfactory repayment history | ||||||
| 13 | under the rules of the Commission;
and notwithstanding the | ||||||
| 14 | limitations of this Act, the Purchase Program shall
have | ||||||
| 15 | the authority to purchase those defaulted accounts in order | ||||||
| 16 | to restore the
borrower's credit rating and continued | ||||||
| 17 | eligibility for benefits under other
Federal student | ||||||
| 18 | assistance programs.
| ||||||
| 19 | Nothing in this Act shall be construed to prohibit the | ||||||
| 20 | Commission from making
or purchasing any category of loans if | ||||||
| 21 | the Commission determines that the
making or purchasing of such | ||||||
| 22 | loans would tend to make more loans available to
eligible | ||||||
| 23 | borrowers.
| ||||||
| 24 | Nothing in this Act shall be construed to excuse the holder | ||||||
| 25 | of an eligible
loan from exercising reasonable care and | ||||||
| 26 | diligence in the making and collecting
of such loans. If the | ||||||
| |||||||
| |||||||
| 1 | Commission finds that the lender has
substantially failed to | ||||||
| 2 | exercise that care and diligence, the Commission
shall | ||||||
| 3 | disqualify the lender from participation in Commission | ||||||
| 4 | programs until the
Commission is satisfied that the lender's | ||||||
| 5 | failure has ceased and finds that
there is reasonable assurance | ||||||
| 6 | that the lender will in the future exercise
necessary care and | ||||||
| 7 | diligence and comply with the rules and regulations of the
| ||||||
| 8 | Commission.
| ||||||
| 9 | (c) "Eligible loan receipts" means any of the following:
| ||||||
| 10 | (1) Principal, accrued interest, late charges and | ||||||
| 11 | other sums paid on
eligible loans held by the Commission.
| ||||||
| 12 | (2) Reimbursements paid by the federal government, the | ||||||
| 13 | State of
Illinois, the Commission exercising its power to | ||||||
| 14 | guarantee the loans of
borrowers, or any other source held | ||||||
| 15 | by the Commission.
| ||||||
| 16 | (3) Accruing interest payments and special allowance | ||||||
| 17 | payments paid by
the federal government pursuant to the | ||||||
| 18 | Higher Education Act of 1965.
or any other federal statute | ||||||
| 19 | providing for federal payment of
interest and special | ||||||
| 20 | allowances on loans or by any other source
on eligible | ||||||
| 21 | loans held by the Commission.
| ||||||
| 22 | (4) Any other sums paid by any source to the Commission | ||||||
| 23 | on or for
eligible loans held by the Commission.
| ||||||
| 24 | (d) "Bonds" means bonds, notes, and other evidences of | ||||||
| 25 | borrowing of the
Commission.
| ||||||
| 26 | (Source: P.A. 88-553; 89-442, eff. 12-21-95; revised 9-2-16.)
| ||||||
| |||||||
| |||||||
| 1 | Section 360. The Savings Bank Act is amended by changing | ||||||
| 2 | Sections 4013, 5001, and 9002.5 as follows:
| ||||||
| 3 | (205 ILCS 205/4013) (from Ch. 17, par. 7304-13)
| ||||||
| 4 | Sec. 4013. Access to books and records; communication with | ||||||
| 5 | members
and shareholders. | ||||||
| 6 | (a) Every member or shareholder shall have the right to | ||||||
| 7 | inspect books
and records of the savings bank that pertain to | ||||||
| 8 | his accounts. Otherwise,
the right of inspection and | ||||||
| 9 | examination of the books and records shall be
limited as | ||||||
| 10 | provided in this Act, and no other person shall have access to
| ||||||
| 11 | the books and records nor shall be entitled to a list of the | ||||||
| 12 | members or
shareholders.
| ||||||
| 13 | (b) For the purpose of this Section, the term "financial | ||||||
| 14 | records" means
any original, any copy, or any summary of (1) a | ||||||
| 15 | document granting signature
authority over a deposit or | ||||||
| 16 | account; (2) a statement, ledger card, or other
record on any | ||||||
| 17 | deposit or account that shows each transaction in or with
| ||||||
| 18 | respect to that account; (3) a check, draft, or money order | ||||||
| 19 | drawn on a
savings bank or issued and payable by a savings | ||||||
| 20 | bank; or (4) any other item
containing information pertaining | ||||||
| 21 | to any relationship established in the
ordinary course of a | ||||||
| 22 | savings bank's business between a savings bank and
its | ||||||
| 23 | customer, including financial statements or other financial | ||||||
| 24 | information
provided by the member or shareholder.
| ||||||
| |||||||
| |||||||
| 1 | (c) This Section does not prohibit:
| ||||||
| 2 | (1) The preparation, examination, handling, or | ||||||
| 3 | maintenance of any
financial records by any officer, | ||||||
| 4 | employee, or agent of a savings bank
having custody of | ||||||
| 5 | records or examination of records by a certified public
| ||||||
| 6 | accountant engaged by the savings bank to perform an | ||||||
| 7 | independent audit.
| ||||||
| 8 | (2) The examination of any financial records by, or the | ||||||
| 9 | furnishing of
financial records by a savings bank to, any | ||||||
| 10 | officer, employee, or agent of
the Commissioner of Banks | ||||||
| 11 | and Real Estate or the federal depository
institution | ||||||
| 12 | regulator for use
solely in
the exercise of his duties as | ||||||
| 13 | an officer, employee, or agent.
| ||||||
| 14 | (3) The publication of data furnished from financial | ||||||
| 15 | records relating
to members or holders of capital where the | ||||||
| 16 | data cannot be identified to any
particular member, | ||||||
| 17 | shareholder, or account.
| ||||||
| 18 | (4) The making of reports or returns required under | ||||||
| 19 | Chapter 61 of the
Internal Revenue Code of 1986.
| ||||||
| 20 | (5) Furnishing information concerning the dishonor of | ||||||
| 21 | any negotiable
instrument permitted to be disclosed under | ||||||
| 22 | the Uniform Commercial Code.
| ||||||
| 23 | (6) The exchange in the regular course of business of | ||||||
| 24 | (i) credit
information between a savings bank and other | ||||||
| 25 | savings banks or financial
institutions or commercial | ||||||
| 26 | enterprises, directly or through a consumer
reporting | ||||||
| |||||||
| |||||||
| 1 | agency
or (ii) financial records or information derived | ||||||
| 2 | from financial records
between a savings bank and other | ||||||
| 3 | savings banks or financial institutions or
commercial | ||||||
| 4 | enterprises for the purpose of conducting due diligence | ||||||
| 5 | pursuant to
a purchase or sale involving the savings bank | ||||||
| 6 | or assets or liabilities of the
savings bank.
| ||||||
| 7 | (7) The furnishing of information to the appropriate | ||||||
| 8 | law enforcement
authorities where the savings bank | ||||||
| 9 | reasonably believes it has been the
victim of a crime.
| ||||||
| 10 | (8) The furnishing of information pursuant to the | ||||||
| 11 | Uniform Disposition
of Unclaimed Property Act.
| ||||||
| 12 | (9) The furnishing of information pursuant to the | ||||||
| 13 | Illinois Income Tax
Act
and the Illinois Estate and | ||||||
| 14 | Generation-Skipping Transfer Tax Act.
| ||||||
| 15 | (10) The furnishing of information pursuant to the | ||||||
| 16 | federal "Currency
and Foreign Transactions Reporting Act", | ||||||
| 17 | (Title 31, United States Code,
Section 1051 et seq.).
| ||||||
| 18 | (11) The furnishing of information pursuant to any | ||||||
| 19 | other statute which
by its terms or by regulations | ||||||
| 20 | promulgated thereunder requires the
disclosure of | ||||||
| 21 | financial records other than by subpoena, summons, | ||||||
| 22 | warrant, or
court order.
| ||||||
| 23 | (12) The furnishing of information in accordance with | ||||||
| 24 | the federal
Personal Responsibility and Work Opportunity | ||||||
| 25 | Reconciliation Act of 1996.
Any savings bank governed by | ||||||
| 26 | this Act shall enter into an agreement for data
exchanges | ||||||
| |||||||
| |||||||
| 1 | with a State agency provided the State agency
pays to the | ||||||
| 2 | savings bank a reasonable fee not to exceed its
actual cost | ||||||
| 3 | incurred. A savings bank
providing
information in | ||||||
| 4 | accordance with this item shall not be liable to any | ||||||
| 5 | account
holder or other person for any disclosure of | ||||||
| 6 | information to a State agency, for
encumbering or | ||||||
| 7 | surrendering any assets held by the savings bank in | ||||||
| 8 | response to
a lien
or order to withhold and deliver issued | ||||||
| 9 | by a State agency, or for any other
action taken pursuant | ||||||
| 10 | to this item, including individual or mechanical errors,
| ||||||
| 11 | provided the action does not constitute gross negligence or | ||||||
| 12 | willful misconduct.
A savings bank shall have no obligation | ||||||
| 13 | to hold, encumber, or surrender
assets until
it has been | ||||||
| 14 | served with a subpoena, summons, warrant, court or | ||||||
| 15 | administrative
order,
lien, or levy.
| ||||||
| 16 | (13) The furnishing of information to law enforcement | ||||||
| 17 | authorities, the
Illinois Department on
Aging and its | ||||||
| 18 | regional administrative and provider agencies, the | ||||||
| 19 | Department of
Human Services Office
of Inspector General, | ||||||
| 20 | or public guardians: (i) upon subpoena by the investigatory | ||||||
| 21 | entity or the guardian, or (ii) if there is suspicion by | ||||||
| 22 | the savings bank that a
customer who is an elderly
person | ||||||
| 23 | or person with a disability has been or may become the | ||||||
| 24 | victim of financial exploitation.
For the purposes of this
| ||||||
| 25 | item (13), the term: (i) "elderly person" means a person | ||||||
| 26 | who is 60 or more
years of age, (ii) "person with a | ||||||
| |||||||
| |||||||
| 1 | disability" means a person who has or reasonably appears to | ||||||
| 2 | the savings bank to
have a physical or mental
disability | ||||||
| 3 | that impairs his or her ability to seek or obtain | ||||||
| 4 | protection from or
prevent financial
exploitation, and | ||||||
| 5 | (iii) "financial exploitation" means tortious or illegal | ||||||
| 6 | use
of the assets or resources of
an elderly person or | ||||||
| 7 | person with a disability, and includes, without | ||||||
| 8 | limitation,
misappropriation of the assets or resources of | ||||||
| 9 | the elderly person or person with a disability by undue | ||||||
| 10 | influence, breach of fiduciary
relationship, intimidation,
| ||||||
| 11 | fraud, deception, extortion, or the use of assets or | ||||||
| 12 | resources in any manner
contrary to law. A savings
bank or | ||||||
| 13 | person furnishing information pursuant to this item (13) | ||||||
| 14 | shall be
entitled to the same rights and
protections as a | ||||||
| 15 | person furnishing information under the Adult Protective | ||||||
| 16 | Services Act and the Illinois
Domestic Violence Act of | ||||||
| 17 | 1986.
| ||||||
| 18 | (14) The disclosure of financial records or | ||||||
| 19 | information as necessary to
effect, administer, or enforce | ||||||
| 20 | a transaction requested or authorized by the
member or | ||||||
| 21 | holder of capital, or in connection with:
| ||||||
| 22 | (A) servicing or processing a financial product or | ||||||
| 23 | service requested or
authorized by the member or holder | ||||||
| 24 | of capital;
| ||||||
| 25 | (B) maintaining or servicing an account of a member | ||||||
| 26 | or holder of capital
with the savings bank; or
| ||||||
| |||||||
| |||||||
| 1 | (C) a proposed or actual securitization or | ||||||
| 2 | secondary market sale
(including sales of servicing | ||||||
| 3 | rights) related to a
transaction of a member or holder | ||||||
| 4 | of capital.
| ||||||
| 5 | Nothing in this item (14), however, authorizes the sale | ||||||
| 6 | of the financial
records or information of a member or | ||||||
| 7 | holder of capital without the consent of
the member or | ||||||
| 8 | holder of capital.
| ||||||
| 9 | (15) The exchange in the regular course of business of | ||||||
| 10 | information between
a
savings bank and any commonly owned | ||||||
| 11 | affiliate of the savings bank, subject to
the provisions of | ||||||
| 12 | the Financial Institutions Insurance Sales Law.
| ||||||
| 13 | (16) The disclosure of financial records or | ||||||
| 14 | information as necessary to
protect against or prevent | ||||||
| 15 | actual or potential fraud, unauthorized
transactions, | ||||||
| 16 | claims, or other liability.
| ||||||
| 17 | (17)(a) The disclosure of financial records or | ||||||
| 18 | information
related to a private label credit program | ||||||
| 19 | between a financial
institution and a private label party | ||||||
| 20 | in connection
with that private label credit program. Such | ||||||
| 21 | information
is limited to outstanding balance, available | ||||||
| 22 | credit, payment and
performance and account history, | ||||||
| 23 | product references, purchase
information,
and information | ||||||
| 24 | related to the identity of the
customer.
| ||||||
| 25 | (b)(1) For purposes of this paragraph (17) of | ||||||
| 26 | subsection
(c) of Section 4013, a "private label credit | ||||||
| |||||||
| |||||||
| 1 | program" means a
credit program involving a financial | ||||||
| 2 | institution and a private label
party that is used by a | ||||||
| 3 | customer of the financial institution and the
private label | ||||||
| 4 | party primarily for payment for goods or services
sold, | ||||||
| 5 | manufactured, or distributed by a private label party.
| ||||||
| 6 | (2) For purposes of this paragraph (17) of subsection | ||||||
| 7 | (c)
of Section 4013, a "private label party" means, with | ||||||
| 8 | respect to a
private label credit program, any of the | ||||||
| 9 | following: a
retailer, a merchant, a manufacturer, a trade | ||||||
| 10 | group,
or any such person's affiliate, subsidiary, member,
| ||||||
| 11 | agent, or service provider.
| ||||||
| 12 | (d) A savings bank may not disclose to any person, except | ||||||
| 13 | to the member
or holder of capital or his duly authorized | ||||||
| 14 | agent, any financial records
relating to that member or | ||||||
| 15 | shareholder of the savings bank unless:
| ||||||
| 16 | (1) the member or shareholder has authorized | ||||||
| 17 | disclosure to the person; or
| ||||||
| 18 | (2) the financial records are disclosed in response to | ||||||
| 19 | a lawful
subpoena, summons, warrant, citation to discover | ||||||
| 20 | assets, or court order that meets the requirements of
| ||||||
| 21 | subsection (e) of this Section.
| ||||||
| 22 | (e) A savings bank shall disclose financial records under | ||||||
| 23 | subsection (d)
of this Section pursuant to a lawful subpoena, | ||||||
| 24 | summons, warrant, citation to discover assets, or court
order | ||||||
| 25 | only after the savings bank mails a copy of the subpoena, | ||||||
| 26 | summons,
warrant, citation to discover assets, or court order | ||||||
| |||||||
| |||||||
| 1 | to the person establishing the relationship with
the savings | ||||||
| 2 | bank, if living, and otherwise, his personal representative, if
| ||||||
| 3 | known, at his last known address by first class mail, postage | ||||||
| 4 | prepaid,
unless the savings bank is specifically prohibited | ||||||
| 5 | from notifying the
person by order of court.
| ||||||
| 6 | (f) Any officer or employee of a savings bank who knowingly | ||||||
| 7 | and
willfully furnishes financial records in violation of this | ||||||
| 8 | Section is
guilty of a business offense and, upon conviction, | ||||||
| 9 | shall be fined not
more than $1,000.
| ||||||
| 10 | (g) Any person who knowingly and willfully induces or | ||||||
| 11 | attempts to
induce any officer or employee of a savings bank to | ||||||
| 12 | disclose financial
records in violation of this Section is | ||||||
| 13 | guilty of a business offense and,
upon conviction, shall be | ||||||
| 14 | fined not more than $1,000.
| ||||||
| 15 | (h) If any member or shareholder desires to communicate | ||||||
| 16 | with the other
members or shareholders of the savings bank with | ||||||
| 17 | reference to any question
pending or to be presented at an | ||||||
| 18 | annual or special meeting, the savings
bank shall give that | ||||||
| 19 | person, upon request, a statement of the approximate
number of | ||||||
| 20 | members or shareholders entitled to vote at the meeting and an
| ||||||
| 21 | estimate of the cost of preparing and mailing the | ||||||
| 22 | communication. The
requesting member shall submit the | ||||||
| 23 | communication to the Commissioner
who, upon finding it to be | ||||||
| 24 | appropriate and truthful, shall direct that it
be prepared and | ||||||
| 25 | mailed to the members upon the requesting member's or
| ||||||
| 26 | shareholder's payment or adequate provision for payment of the | ||||||
| |||||||
| |||||||
| 1 | expenses of
preparation and mailing.
| ||||||
| 2 | (i) A savings bank shall be reimbursed for costs that are | ||||||
| 3 | necessary and
that have been directly incurred in searching | ||||||
| 4 | for, reproducing, or
transporting books, papers, records, or | ||||||
| 5 | other data of a customer required
to be reproduced pursuant to | ||||||
| 6 | a lawful subpoena, warrant, citation to discover assets, or | ||||||
| 7 | court order.
| ||||||
| 8 | (j) Notwithstanding the provisions of this Section, a | ||||||
| 9 | savings bank may
sell or otherwise make use of lists of | ||||||
| 10 | customers' names and addresses. All
other information | ||||||
| 11 | regarding a customer's account are subject to the
disclosure | ||||||
| 12 | provisions of this Section. At the request of any customer,
| ||||||
| 13 | that customer's name and address shall be deleted from any list | ||||||
| 14 | that is to
be sold or used in any other manner beyond | ||||||
| 15 | identification of the customer's
accounts.
| ||||||
| 16 | (Source: P.A. 98-49, eff. 7-1-13; 99-143, eff. 7-27-15; revised | ||||||
| 17 | 9-14-16.)
| ||||||
| 18 | (205 ILCS 205/5001) (from Ch. 17, par. 7305-1)
| ||||||
| 19 | Sec. 5001. Minimum capital.
| ||||||
| 20 | (a) A savings saving bank may be organized to exercise the | ||||||
| 21 | powers conferred by
this Act with minimum capital, surplus, and | ||||||
| 22 | reserves for operating expenses
as determined by the | ||||||
| 23 | Commissioner. In no case may the Commissioner establish | ||||||
| 24 | requirements for insured
savings banks at a level less than | ||||||
| 25 | that required for insurance of accounts.
For any savings bank | ||||||
| |||||||
| |||||||
| 1 | other than those resulting from conversion from an
existing | ||||||
| 2 | financial institution to one operating under this Act, the
| ||||||
| 3 | Commissioner must establish capital requirements no less | ||||||
| 4 | stringent than
those required of banks chartered under the | ||||||
| 5 | Illinois Banking Act.
| ||||||
| 6 | (b) No savings bank may commence business until it has | ||||||
| 7 | capital as required
by the Federal Deposit Insurance | ||||||
| 8 | Corporation.
| ||||||
| 9 | (c) Each depository institution converting to a savings | ||||||
| 10 | bank, before
declaration of a dividend on its capital stock, | ||||||
| 11 | must maintain the minimum
capital standards as required by the | ||||||
| 12 | Federal Deposit Insurance Corporation.
| ||||||
| 13 | (Source: P.A. 90-301, eff. 8-1-97; revised 9-14-16.)
| ||||||
| 14 | (205 ILCS 205/9002.5) | ||||||
| 15 | Sec. 9002.5. Regulatory fees. | ||||||
| 16 | (a) For the fiscal year beginning July 1, 2007 and every | ||||||
| 17 | year thereafter, each savings bank and each service corporation | ||||||
| 18 | operating under this Act shall pay in quarterly installments | ||||||
| 19 | equal to one-fourth of a fixed fee of $520, plus a variable fee | ||||||
| 20 | based on the total assets of the savings bank or service | ||||||
| 21 | corporation, as shown in the quarterly report of condition, at | ||||||
| 22 | the following rates: | ||||||
| 23 | 24.97¢ per $1,000 of the first $2,000,000 of total | ||||||
| 24 | assets; | ||||||
| 25 | 22.70¢ per $1,000 of the next $3,000,000 of total | ||||||
| |||||||
| |||||||
| 1 | assets; | ||||||
| 2 | 20.43¢ per $1,000 of the next $5,000,000 of total | ||||||
| 3 | assets; | ||||||
| 4 | 17.025¢ per $1,000 of the next $15,000,000 of total | ||||||
| 5 | assets; | ||||||
| 6 | 14.755¢ per $1,000 of the next $25,000,000 of total | ||||||
| 7 | assets; | ||||||
| 8 | 12.485¢ per $1,000 of the next $50,000,000 of total | ||||||
| 9 | assets; | ||||||
| 10 | 10.215¢ per $1,000 of the next $400,000,000 of total | ||||||
| 11 | assets; | ||||||
| 12 | 6.81¢ per $1,000 of the next $500,000,000 of total | ||||||
| 13 | assets; and | ||||||
| 14 | 4.54¢ per $1,000 of all total assets in excess of | ||||||
| 15 | $1,000,000,000 of such savings bank or service | ||||||
| 16 | corporation. | ||||||
| 17 | As used in this Section, "quarterly report of condition" | ||||||
| 18 | means the Report of Condition and Income (Call Report), which | ||||||
| 19 | the Secretary requires. | ||||||
| 20 | (b) (Blank). | ||||||
| 21 | (c) The Secretary shall receive and there shall be paid to | ||||||
| 22 | the Secretary by each savings bank and each service corporation | ||||||
| 23 | a fee of $520 for each approved branch office or facility | ||||||
| 24 | office established under the Illinois Administrative Code. The | ||||||
| 25 | determination of the fees shall be made annually as of the | ||||||
| 26 | close of business of the prior calendar year ended December 31.
| ||||||
| |||||||
| |||||||
| 1 | (d) The Secretary shall receive for each fiscal year, | ||||||
| 2 | commencing with the fiscal year ending June 30, 2014, a | ||||||
| 3 | contingent fee equal to the lesser of the aggregate of the fees | ||||||
| 4 | paid by all savings banks under subsections (a), (b), and (c) | ||||||
| 5 | of this Section for that year, or the amount, if any, whereby | ||||||
| 6 | the aggregate of the administration expenses, as defined in | ||||||
| 7 | subsection (c) of Section 9002.1 of this Act, for that fiscal | ||||||
| 8 | year exceeds the sum of the aggregate of the fees payable by | ||||||
| 9 | all savings banks for that year under subsections (a), (b), and | ||||||
| 10 | (c) of this Section, plus any amounts transferred into the | ||||||
| 11 | Savings Bank Regulatory Fund from the State Pensions Fund for | ||||||
| 12 | that year, plus all other amounts collected by the Secretary | ||||||
| 13 | for that year under any other provision of this Act. The | ||||||
| 14 | aggregate amount of the contingent fee thus arrived at for any | ||||||
| 15 | fiscal year shall be apportioned amongst, assessed upon, and | ||||||
| 16 | paid by the savings banks, respectively, in the same proportion | ||||||
| 17 | that the fee of each under subsections (a), (b), and (c) of | ||||||
| 18 | this Section, respectively, for that year bears to the | ||||||
| 19 | aggregate for that year of the fees collected under subsections | ||||||
| 20 | (a), (b), and (c) of this Section. The aggregate amount of the | ||||||
| 21 | contingent fee, and the portion thereof to be assessed upon | ||||||
| 22 | each savings bank, respectively, shall be determined by the | ||||||
| 23 | Secretary and shall be paid by each, respectively, within 120 | ||||||
| 24 | days of the close of the period for which the contingent fee is | ||||||
| 25 | computed and is payable, and the Secretary shall give 20 days' | ||||||
| 26 | days advance notice of the amount of the contingent fee payable | ||||||
| ||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
| 1 | by the savings bank and of the date fixed by the Secretary for | |||||||||||||||||||||||||||
| 2 | payment of the fee. | |||||||||||||||||||||||||||
| 3 | (Source: P.A. 98-1081, eff. 1-1-15; 99-39, eff. 1-1-16; revised | |||||||||||||||||||||||||||
| 4 | 9-14-16.)
| |||||||||||||||||||||||||||
| 5 | Section 365. The Illinois Credit Union Act is amended by | |||||||||||||||||||||||||||
| 6 | changing Sections 12, 34.1, 46, and 57.1 as follows:
| |||||||||||||||||||||||||||
| 7 | (205 ILCS 305/12) (from Ch. 17, par. 4413) | |||||||||||||||||||||||||||
| 8 | Sec. 12. Regulatory fees.
| |||||||||||||||||||||||||||
| 9 | (1) For the fiscal year beginning July 1, 2007, a credit | |||||||||||||||||||||||||||
| 10 | union regulated by the Department shall pay a regulatory
fee to | |||||||||||||||||||||||||||
| 11 | the Department based upon its total assets as shown by its | |||||||||||||||||||||||||||
| 12 | Year-end
Call Report at the following rates or at a lesser rate | |||||||||||||||||||||||||||
| 13 | established by the Secretary in a manner proportionately | |||||||||||||||||||||||||||
| 14 | consistent with the following rates and sufficient to fund the | |||||||||||||||||||||||||||
| 15 | actual administrative and operational expenses of the | |||||||||||||||||||||||||||
| 16 | Department's Credit Union Section pursuant to subsection (4) of | |||||||||||||||||||||||||||
| 17 | this Section:
| |||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||
| |||||||||||||||||
| |||||||||||||||||
| 5 | (2) The Secretary shall review the regulatory fee schedule | ||||||||||||||||
| 6 | in subsection
(1) and the projected earnings on those fees on | ||||||||||||||||
| 7 | an annual
basis
and adjust the fee schedule no more than 5% | ||||||||||||||||
| 8 | annually
if necessary to defray the estimated administrative | ||||||||||||||||
| 9 | and operational expenses of
the Credit Union Section of the | ||||||||||||||||
| 10 | Department as defined in subsection (5). However, the fee | ||||||||||||||||
| 11 | schedule shall not be increased if the amount remaining in the | ||||||||||||||||
| 12 | Credit Union Fund at the end of any fiscal year is greater than | ||||||||||||||||
| 13 | 25% of the total actual and operational expenses incurred by | ||||||||||||||||
| 14 | the State in administering and enforcing the Illinois Credit | ||||||||||||||||
| 15 | Union Act and other laws, rules, and regulations as may apply | ||||||||||||||||
| 16 | to the administration and enforcement of the foregoing laws, | ||||||||||||||||
| 17 | rules, and regulations as amended from time to time for the | ||||||||||||||||
| 18 | preceding fiscal year. The regulatory fee for the next fiscal | ||||||||||||||||
| 19 | year shall be calculated by the Secretary based on the credit | ||||||||||||||||
| 20 | union's total assets as of December 31 of the preceding | ||||||||||||||||
| 21 | calendar year. The Secretary shall provide credit
unions with | ||||||||||||||||
| 22 | written notice of any adjustment made in the regulatory fee
| ||||||||||||||||
| 23 | schedule.
| ||||||||||||||||
| 24 | (3) A credit union shall
pay to the Department a regulatory | ||||||||||||||||
| 25 | fee
in quarterly installments equal to one-fourth of the | ||||||||||||||||
| 26 | regulatory fee due in accordance with the regulatory fee | ||||||||||||||||
| |||||||
| |||||||
| 1 | schedule in
subsection (1), on the basis of assets as
of the | ||||||
| 2 | Year-end Call Report of the preceding calendar year. The total | ||||||
| 3 | annual regulatory fee shall
not be less than
$100 or more than | ||||||
| 4 | $141,875, provided that the
regulatory fee cap of $141,875
| ||||||
| 5 | shall be adjusted to incorporate the same percentage increase | ||||||
| 6 | as the Secretary
makes in the regulatory fee schedule from time | ||||||
| 7 | to time under subsection (2).
No regulatory
fee
shall be | ||||||
| 8 | collected
from a credit union until it
has been in operation | ||||||
| 9 | for one year. The regulatory fee shall be billed to credit | ||||||
| 10 | unions on a quarterly basis and it shall be payable by credit | ||||||
| 11 | unions on the due date for the Call Report for the subject | ||||||
| 12 | quarter.
| ||||||
| 13 | (4) The aggregate of all fees collected by the Department | ||||||
| 14 | under this
Act
shall be paid promptly after they are received,
| ||||||
| 15 | accompanied by a detailed
statement thereof, into the State | ||||||
| 16 | Treasury and shall be set apart in the
Credit Union Fund, a | ||||||
| 17 | special fund hereby created in the State treasury.
The amount | ||||||
| 18 | from time to time deposited in the Credit Union Fund and shall
| ||||||
| 19 | be used to offset the ordinary administrative and operational | ||||||
| 20 | expenses of
the Credit Union Section of the Department under
| ||||||
| 21 | this Act. All earnings received from investments of funds in | ||||||
| 22 | the Credit
Union Fund shall be deposited into the Credit Union | ||||||
| 23 | Fund and may be used for
the same purposes as fees deposited | ||||||
| 24 | into that fund.
Moneys deposited in the Credit Union Fund may | ||||||
| 25 | be transferred to the Professions Indirect Cost Fund, as | ||||||
| 26 | authorized under Section 2105-300 of the Department of | ||||||
| |||||||
| |||||||
| 1 | Professional Regulation Law of the Civil Administrative Code of | ||||||
| 2 | Illinois.
| ||||||
| 3 | Notwithstanding provisions in the State Finance Act, as now | ||||||
| 4 | or hereafter amended, or any other law to the contrary, the | ||||||
| 5 | Governor may, during any fiscal year through January 10, 2011, | ||||||
| 6 | from time to time direct the State Treasurer and Comptroller to | ||||||
| 7 | transfer a specified sum not exceeding 10% of the revenues to | ||||||
| 8 | be deposited into the Credit Union Fund during that fiscal year | ||||||
| 9 | from that Fund to the General Revenue Fund in order to help | ||||||
| 10 | defray the State's operating costs for the fiscal year. | ||||||
| 11 | Notwithstanding provisions in the State Finance Act, as now or | ||||||
| 12 | hereafter amended, or any other law to the contrary, the total | ||||||
| 13 | sum transferred from the Credit Union Fund to the General | ||||||
| 14 | Revenue Fund pursuant to this provision shall not exceed during | ||||||
| 15 | any fiscal year 10% of the revenues to be deposited into the | ||||||
| 16 | Credit Union Fund during that fiscal year. The State Treasurer | ||||||
| 17 | and Comptroller shall transfer the amounts designated under | ||||||
| 18 | this Section as soon as may be practicable after receiving the | ||||||
| 19 | direction to transfer from the Governor.
| ||||||
| 20 | (5) The administrative and operational expenses for any | ||||||
| 21 | fiscal
year shall mean the ordinary
and contingent expenses for | ||||||
| 22 | that year incidental to making the examinations
provided for | ||||||
| 23 | by, and for administering, this Act, including all salaries
and | ||||||
| 24 | other compensation paid for personal services rendered for the | ||||||
| 25 | State by
officers or employees of the State to enforce this | ||||||
| 26 | Act; all expenditures
for telephone and telegraph charges, | ||||||
| |||||||
| |||||||
| 1 | postage and postal charges, office
supplies and services, | ||||||
| 2 | furniture and equipment, office space and
maintenance thereof, | ||||||
| 3 | travel expenses and other necessary expenses; all to
the extent | ||||||
| 4 | that such expenditures are directly incidental to such
| ||||||
| 5 | examination or administration.
| ||||||
| 6 | (6) When the balance in the Credit Union Fund at the end of | ||||||
| 7 | a fiscal year exceeds 25% of the
total
administrative and | ||||||
| 8 | operational
expenses incurred by the State in administering and | ||||||
| 9 | enforcing the Illinois Credit Union Act and other laws, rules, | ||||||
| 10 | and regulations as may apply to the administration and | ||||||
| 11 | enforcement of the foregoing laws, rules, and regulations as | ||||||
| 12 | amended from time to time for that fiscal year, such excess | ||||||
| 13 | shall be credited to
credit unions and applied against their | ||||||
| 14 | regulatory fees for
the subsequent fiscal year. The amount | ||||||
| 15 | credited to each credit union shall be in the
same proportion | ||||||
| 16 | as the regulatory fee paid by such credit union for the fiscal
| ||||||
| 17 | year in which the excess is produced bears to the aggregate | ||||||
| 18 | amount of all
fees collected by the Department
under this Act | ||||||
| 19 | for the same fiscal year.
| ||||||
| 20 | (7) (Blank).
| ||||||
| 21 | (8) Nothing in this Act shall prohibit the General Assembly | ||||||
| 22 | from
appropriating funds to the Department from the General | ||||||
| 23 | Revenue Fund for the
purpose of administering this Act.
| ||||||
| 24 | (9) For purposes of this Section, "fiscal year" means a | ||||||
| 25 | period beginning on July 1 of any calendar year and ending on | ||||||
| 26 | June 30 of the next calendar year. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-133, eff. 1-1-12; revised 9-14-16.)
| ||||||
| 2 | (205 ILCS 305/34.1)
| ||||||
| 3 | Sec. 34.1. Compliance review.
| ||||||
| 4 | (a) As used in this Section:
| ||||||
| 5 | "Affiliate" means an organization established to serve the | ||||||
| 6 | needs of credit
unions, the business of which relates to the | ||||||
| 7 | daily operations of credit unions.
| ||||||
| 8 | "Compliance review committee" means:
| ||||||
| 9 | (1) one or more persons appointed by the board of | ||||||
| 10 | directors or supervisory
committee of a credit union for | ||||||
| 11 | the purposes set forth in subsection (b); or
| ||||||
| 12 | (2) any other person to the extent the person acts in | ||||||
| 13 | an investigatory
capacity at the direction of a compliance | ||||||
| 14 | review committee.
| ||||||
| 15 | "Compliance review documents" means documents prepared in | ||||||
| 16 | connection with a
review or evaluation conducted by or for a | ||||||
| 17 | compliance review committee.
| ||||||
| 18 | "Person" means an individual, a group of individuals, a | ||||||
| 19 | board committee, a
partnership, a firm, an association, a | ||||||
| 20 | corporation, or any other entity.
| ||||||
| 21 | (b) This Section applies to compliance review committees | ||||||
| 22 | whose functions are
to evaluate and seek to improve any of the | ||||||
| 23 | following:
| ||||||
| 24 | (1) loan policies or underwriting standards;
| ||||||
| 25 | (2) asset quality;
| ||||||
| |||||||
| |||||||
| 1 | (3) financial reporting to federal or State | ||||||
| 2 | governmental or regulatory
agencies; or
| ||||||
| 3 | (4) compliance with federal or State statutory or | ||||||
| 4 | regulatory requirements.
| ||||||
| 5 | (c) Except as provided in subsection (d), compliance review | ||||||
| 6 | documents and
the deliberations of the compliance
review | ||||||
| 7 | committee are privileged and confidential and are | ||||||
| 8 | nondiscoverable
and nonadmissible.
| ||||||
| 9 | (1) Compliance review documents are privileged and | ||||||
| 10 | confidential and are
not subject to discovery or admissible | ||||||
| 11 | in evidence in any civil action.
| ||||||
| 12 | (2) Individuals serving on compliance review | ||||||
| 13 | committees or acting under
the direction of a compliance | ||||||
| 14 | review committee shall not be required to testify
in any | ||||||
| 15 | civil action about the contents of any compliance review | ||||||
| 16 | document or
conclusions of any compliance review committee | ||||||
| 17 | or about the actions taken by a
compliance review | ||||||
| 18 | committee.
| ||||||
| 19 | (3) An affiliate of a credit union, a credit union | ||||||
| 20 | regulatory agency, and
the insurer of credit union share | ||||||
| 21 | accounts shall have access to compliance
review documents, | ||||||
| 22 | provided that (i) the documents shall remain confidential | ||||||
| 23 | and
are not subject to discovery from such entity and (ii) | ||||||
| 24 | delivery of compliance
review documents to an affiliate or | ||||||
| 25 | pursuant to the requirements of a credit
union regulatory | ||||||
| 26 | agency or an insurer of credit union share accounts shall | ||||||
| |||||||
| |||||||
| 1 | not
constitute a waiver of the privilege granted in this | ||||||
| 2 | Section.
| ||||||
| 3 | (d) This Section does not apply to: (1) compliance review | ||||||
| 4 | committees on
which individuals serving on or at the direction | ||||||
| 5 | of the compliance review
committee have management | ||||||
| 6 | responsibility for the operations, records,
employees,
or | ||||||
| 7 | activities being examined or evaluated by the compliance review | ||||||
| 8 | committee
and (2) any civil or administrative action initiated | ||||||
| 9 | by a credit union
regulatory agency or an insurer of credit | ||||||
| 10 | union share accounts.
| ||||||
| 11 | (e) This Section shall not be construed to limit the | ||||||
| 12 | discovery or
admissibility in any civil action of any documents | ||||||
| 13 | other than compliance review
documents or to require the | ||||||
| 14 | appointment of a compliance review committee.
| ||||||
| 15 | (Source: P.A. 90-665, eff. 7-30-98; revised 9-14-16.)
| ||||||
| 16 | (205 ILCS 305/46) (from Ch. 17, par. 4447)
| ||||||
| 17 | Sec. 46. Loans and interest rate.
| ||||||
| 18 | (1) A credit union may make loans
to its members for such | ||||||
| 19 | purpose and upon such security and terms, including
rates of | ||||||
| 20 | interest, as the credit committee, credit manager, or loan | ||||||
| 21 | officer
approves.
Notwithstanding the provisions of any other | ||||||
| 22 | law in connection with extensions
of credit, a credit union may | ||||||
| 23 | elect to
contract for and receive interest and fees and other | ||||||
| 24 | charges for extensions of
credit subject only to the provisions | ||||||
| 25 | of this Act and rules promulgated under
this Act, except that | ||||||
| |||||||
| |||||||
| 1 | extensions of credit secured by residential real estate
shall | ||||||
| 2 | be subject to the laws applicable thereto.
The rates of | ||||||
| 3 | interest to be charged on loans to members shall be
set by the | ||||||
| 4 | board of directors of each individual credit union in | ||||||
| 5 | accordance with Section 30 of this Act and such
rates may be | ||||||
| 6 | less than, but may not exceed, the maximum rate set forth in
| ||||||
| 7 | this Section. A borrower may repay his loan prior to maturity, | ||||||
| 8 | in whole or
in part, without penalty. A prepayment penalty does | ||||||
| 9 | not include a waived, bona fide third-party charge that the | ||||||
| 10 | credit union imposes if the borrower prepays all of the | ||||||
| 11 | transaction's principal sooner than 36 months after | ||||||
| 12 | consummation of a closed-end credit transaction, a waived, bona | ||||||
| 13 | fide third-party charge that the credit union imposes if the | ||||||
| 14 | borrower terminates an open-end credit plan sooner than 36 | ||||||
| 15 | months after account opening, or a yield maintenance fee | ||||||
| 16 | imposed on a business loan transaction. The credit contract may | ||||||
| 17 | provide for the payment
by the member and receipt by the credit | ||||||
| 18 | union of all costs and
disbursements, including reasonable | ||||||
| 19 | attorney's fees and collection agency
charges, incurred by the | ||||||
| 20 | credit union to collect or enforce the debt in the
event of a | ||||||
| 21 | delinquency by the member, or in the event of a breach of any
| ||||||
| 22 | obligation of the member under the credit contract. A | ||||||
| 23 | contingency or
hourly arrangement established under an | ||||||
| 24 | agreement entered into by a credit
union with an attorney or | ||||||
| 25 | collection agency to collect a loan of a member
in default | ||||||
| 26 | shall be presumed prima facie reasonable.
| ||||||
| |||||||
| |||||||
| 1 | (2) Credit unions may make loans based upon the security of | ||||||
| 2 | any
interest or equity in real estate, subject to rules and | ||||||
| 3 | regulations
promulgated by the Secretary. In any contract or | ||||||
| 4 | loan which
is secured by a mortgage, deed of
trust, or | ||||||
| 5 | conveyance in the nature of a mortgage, on residential real
| ||||||
| 6 | estate, the interest which is computed, calculated, charged, or | ||||||
| 7 | collected
pursuant to such contract or loan, or pursuant to any | ||||||
| 8 | regulation or rule
promulgated pursuant to this Act, may not be | ||||||
| 9 | computed, calculated, charged
or collected for any period of | ||||||
| 10 | time occurring after the date on which the
total indebtedness, | ||||||
| 11 | with the exception of late payment penalties, is paid
in full.
| ||||||
| 12 | For purposes of this subsection (2) of this Section 46, a | ||||||
| 13 | prepayment
shall mean the payment of the total indebtedness, | ||||||
| 14 | with the exception of
late payment penalties if incurred or | ||||||
| 15 | charged, on any date before the date
specified in the contract | ||||||
| 16 | or loan agreement on which the total indebtedness
shall be paid | ||||||
| 17 | in full, or before the date on which all payments, if timely
| ||||||
| 18 | made, shall have been made. In the event of a prepayment of the
| ||||||
| 19 | indebtedness which is made on a date
after the date on which | ||||||
| 20 | interest on the indebtedness was last computed,
calculated, | ||||||
| 21 | charged, or collected but before the next date on which | ||||||
| 22 | interest
on the indebtedness was to be calculated, computed, | ||||||
| 23 | charged, or collected,
the lender may calculate, charge and | ||||||
| 24 | collect interest on the indebtedness
for the period which | ||||||
| 25 | elapsed between the date on which the prepayment is
made and | ||||||
| 26 | the date on which interest on the indebtedness was last | ||||||
| |||||||
| |||||||
| 1 | computed,
calculated, charged or collected at a rate equal to | ||||||
| 2 | 1/360 of the annual
rate for each day which so elapsed, which | ||||||
| 3 | rate shall be applied to the
indebtedness outstanding as of the | ||||||
| 4 | date of prepayment. The lender shall
refund to the borrower any | ||||||
| 5 | interest charged or collected which exceeds that
which the | ||||||
| 6 | lender may charge or collect pursuant to the preceding | ||||||
| 7 | sentence.
Public Act 84-941 January 1, 1986 (Public Act 84-941)
| ||||||
| 8 | (3) (Blank).
| ||||||
| 9 | (4) Notwithstanding any other provisions of this Act, a | ||||||
| 10 | credit union
authorized under this Act to make loans secured by | ||||||
| 11 | an interest or equity
in real property may engage in making | ||||||
| 12 | revolving credit loans secured by
mortgages or deeds of trust | ||||||
| 13 | on such real property or by security
assignments of beneficial | ||||||
| 14 | interests in land trusts.
| ||||||
| 15 | For purposes of this Section, "revolving credit" has the | ||||||
| 16 | meaning defined
in Section 4.1 of the Interest Act.
| ||||||
| 17 | Any mortgage or deed of trust given to secure a revolving | ||||||
| 18 | credit loan may,
and when so expressed therein shall, secure | ||||||
| 19 | not only the existing indebtedness
but also such future | ||||||
| 20 | advances, whether such advances are obligatory or to
be made at | ||||||
| 21 | the option of the lender, or otherwise, as are made within | ||||||
| 22 | twenty
years from the date thereof, to the same extent as if | ||||||
| 23 | such future advances
were made on the date of the execution of | ||||||
| 24 | such mortgage or deed of trust,
although there may be no | ||||||
| 25 | advance made at the time of execution of such mortgage
or other | ||||||
| 26 | instrument, and although there may be no indebtedness | ||||||
| |||||||
| |||||||
| 1 | outstanding
at the time any advance is made. The lien of such | ||||||
| 2 | mortgage or deed of trust,
as to third persons
without actual | ||||||
| 3 | notice thereof, shall be valid as to all such indebtedness
and | ||||||
| 4 | future advances form the time said mortgage or deed of trust is | ||||||
| 5 | filed
for record in the office of the recorder of deeds or the | ||||||
| 6 | registrar of titles
of the county where the real property | ||||||
| 7 | described therein is located. The
total amount of indebtedness | ||||||
| 8 | that may be so secured may increase or decrease
from time to | ||||||
| 9 | time, but the total unpaid balance so secured at any one time
| ||||||
| 10 | shall not exceed a maximum principal amount which must be | ||||||
| 11 | specified in such
mortgage or deed of trust, plus interest | ||||||
| 12 | thereon, and any disbursements
made for the payment of taxes, | ||||||
| 13 | special assessments, or insurance on said
real property, with | ||||||
| 14 | interest on such disbursements.
| ||||||
| 15 | Any such mortgage or deed of trust shall be valid and have | ||||||
| 16 | priority over
all subsequent liens and encumbrances, including | ||||||
| 17 | statutory liens, except
taxes and assessments levied on said | ||||||
| 18 | real property.
| ||||||
| 19 | (4-5) For purposes of this Section, "real estate" and "real | ||||||
| 20 | property" include a manufactured home as defined in subdivision | ||||||
| 21 | (53) of Section 9-102 of the Uniform Commercial Code which is | ||||||
| 22 | real property as defined in Section 5-35 of the Conveyance and | ||||||
| 23 | Encumbrance of Manufactured Homes as Real Property and | ||||||
| 24 | Severance Act. | ||||||
| 25 | (5) Compliance with federal or Illinois preemptive laws or | ||||||
| 26 | regulations
governing loans made by a credit union chartered | ||||||
| |||||||
| |||||||
| 1 | under this Act shall
constitute compliance with this Act.
| ||||||
| 2 | (6) Credit unions may make residential real estate mortgage | ||||||
| 3 | loans on terms and conditions established by the United States | ||||||
| 4 | Department of Agriculture through its Rural Development | ||||||
| 5 | Housing and Community Facilities Program. The portion of any | ||||||
| 6 | loan in excess of the appraised value of the real estate shall | ||||||
| 7 | be allocable only to the guarantee fee required under the | ||||||
| 8 | program. | ||||||
| 9 | (7) For a renewal, refinancing, or restructuring of an | ||||||
| 10 | existing loan at the credit union that is secured by an | ||||||
| 11 | interest or equity in real estate, a new appraisal of the | ||||||
| 12 | collateral shall not be required when (i) no new moneys are | ||||||
| 13 | advanced other than funds necessary to cover reasonable closing | ||||||
| 14 | costs, or (ii) there has been no obvious or material change in | ||||||
| 15 | market conditions or physical aspects of the real estate that | ||||||
| 16 | threatens the adequacy of the credit union's real estate | ||||||
| 17 | collateral protection after the transaction, even with the | ||||||
| 18 | advancement of new moneys. The Department reserves the right to | ||||||
| 19 | require an appraisal under this subsection (7) whenever the | ||||||
| 20 | Department believes it is necessary to address safety and | ||||||
| 21 | soundness concerns. | ||||||
| 22 | (Source: P.A. 98-749, eff. 7-16-14; 98-784, eff. 7-24-14; | ||||||
| 23 | 99-78, eff. 7-20-15; 99-149, eff. 1-1-16; 99-331, eff. 1-1-16; | ||||||
| 24 | 99-614, eff. 7-22-16; 99-642, eff. 7-28-16; revised 10-20-16.)
| ||||||
| 25 | (205 ILCS 305/57.1) | ||||||
| |||||||
| |||||||
| 1 | Sec. 57.1. Services to other credit unions. (a) A credit | ||||||
| 2 | union may act as a representative of and enter into an | ||||||
| 3 | agreement with credit unions or other organizations for the | ||||||
| 4 | purposes of: | ||||||
| 5 | (1) sharing, utilizing, renting, leasing, purchasing, | ||||||
| 6 | selling, and joint ownership of fixed assets or engaging in | ||||||
| 7 | activities and services that relate to the daily operations | ||||||
| 8 | of credit unions; and | ||||||
| 9 | (2) providing correspondent services to other credit | ||||||
| 10 | unions that the service provider credit union is authorized | ||||||
| 11 | to perform for its own members or as part of its | ||||||
| 12 | operations, including, but not limited to, loan | ||||||
| 13 | processing, loan servicing, member check cashing services, | ||||||
| 14 | disbursing share withdrawals and loan proceeds, cashing | ||||||
| 15 | and selling money orders, ACH and wire transfer services, | ||||||
| 16 | implementation and
administrative support services related | ||||||
| 17 | to the use of debit cards, payroll debit
cards, and other | ||||||
| 18 | prepaid debit cards and
credit cards, coin and currency | ||||||
| 19 | services, performing internal audits, and automated teller | ||||||
| 20 | machine deposit services.
| ||||||
| 21 | (Source: P.A. 98-784, eff. 7-24-14; 99-78, eff. 7-20-15; | ||||||
| 22 | 99-149, eff. 1-1-16; revised 9-14-16.)
| ||||||
| 23 | Section 370. The Transmitters of Money Act is amended by | ||||||
| 24 | changing Section 90 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (205 ILCS 657/90)
| ||||||
| 2 | Sec. 90. Enforcement.
| ||||||
| 3 | (a) If it appears to the Director that a person
has | ||||||
| 4 | committed or is about to commit a violation of this Act,
a rule | ||||||
| 5 | promulgated under this Act, or an order of the Director, the | ||||||
| 6 | Director
may apply to the circuit court for an order enjoining | ||||||
| 7 | the person from violating
or continuing to violate this Act, | ||||||
| 8 | the rule, or order and for
injunctive or other relief that the | ||||||
| 9 | nature of the case may require and may,
in addition, request | ||||||
| 10 | the court to assess a civil penalty up to $1,000
along with | ||||||
| 11 | costs and attorney fees.
| ||||||
| 12 | (b) If the Director finds, after an investigation that he | ||||||
| 13 | considers
appropriate, that a licensee or other person is | ||||||
| 14 | engaged in practices
contrary to this Act or to the rules | ||||||
| 15 | promulgated under this Act, the Director
may issue an order | ||||||
| 16 | directing the licensee or person to cease and desist the
| ||||||
| 17 | violation. The Director may, in addition to or without the | ||||||
| 18 | issuance of a cease
and desist order, assess an administrative | ||||||
| 19 | penalty up to
$1,000 against a licensee for each violation of | ||||||
| 20 | this Act or the rules
promulgated under this Act.
The issuance | ||||||
| 21 | of an order under this Section shall not be a prerequisite to | ||||||
| 22 | the
taking of any action by the Director under this or any | ||||||
| 23 | other Section of this
Act. The Director shall serve notice of | ||||||
| 24 | his action, including a statement of
the reasons for his | ||||||
| 25 | actions, either personally or by certified mail, return
receipt | ||||||
| 26 | requested. Service by mail shall be deemed completed if the | ||||||
| |||||||
| |||||||
| 1 | notice is
deposited in the post office, postage paid, addressed | ||||||
| 2 | to the last known address
for a license.
| ||||||
| 3 | (c) In the case of the issuance of a cease and desist order | ||||||
| 4 | or assessment
order, a hearing may be requested in writing | ||||||
| 5 | within 30 days after the date of
service. The hearing shall be | ||||||
| 6 | held at the time and place designated
by the Director in either | ||||||
| 7 | the City of Springfield or the City of Chicago. The
Director | ||||||
| 8 | and any administrative law judge designated by him shall have | ||||||
| 9 | the
power to administer oaths and affirmations, subpoena | ||||||
| 10 | witnesses and compel their
attendance, take evidence, | ||||||
| 11 | authorize the taking of depositions, and require the
production | ||||||
| 12 | of books, papers, correspondence, and other records or
| ||||||
| 13 | information that he considers relevant or material to the | ||||||
| 14 | inquiry.
| ||||||
| 15 | (d) After the Director's final determination under a | ||||||
| 16 | hearing under
this Section, a party to the proceedings whose | ||||||
| 17 | interests are
affected by the Director's final determination | ||||||
| 18 | shall be entitled to judicial
review of that final | ||||||
| 19 | determination under the Administrative Review Law.
| ||||||
| 20 | (e) The costs for administrative hearings shall be set by | ||||||
| 21 | rule.
| ||||||
| 22 | (f) Except as otherwise provided in this Act, a violation | ||||||
| 23 | of
this Act shall subject to the party violating it to a fine | ||||||
| 24 | of $1,000 for
each offense.
| ||||||
| 25 | (g) Each transaction in violation of this Act or the rules | ||||||
| 26 | promulgated
under this Act and each day that a violation | ||||||
| |||||||
| |||||||
| 1 | continues shall be a separate
offense.
| ||||||
| 2 | (h) A person who engages in conduct requiring a license | ||||||
| 3 | under this Act and
fails to obtain a license from the Director | ||||||
| 4 | or knowingly makes a false
statement, misrepresentation, or | ||||||
| 5 | false certification in an application,
financial statement, | ||||||
| 6 | account record, report, or other document filed or
required to | ||||||
| 7 | be maintained or filed under this Act or who knowingly makes a
| ||||||
| 8 | false entry or omits a material entry in a document is guilty | ||||||
| 9 | of a Class
3 felony.
| ||||||
| 10 | (i) The Director is authorized to compromise, settle, and | ||||||
| 11 | collect civil
penalties and administrative penalties, as set by | ||||||
| 12 | rule, with any person for
violations of this Act or of any rule | ||||||
| 13 | or order issued or
promulgated under this Act.
Any person who, | ||||||
| 14 | without the required license, engages in conduct requiring a
| ||||||
| 15 | license
under this Act shall be liable to the Department in an
| ||||||
| 16 | amount equal to
the greater of (i) $5,000 or (ii) an amount of | ||||||
| 17 | money accepted for transmission
plus an
amount equal to 3 times
| ||||||
| 18 | the
amount accepted for transmission. The Department shall | ||||||
| 19 | cause any funds so
recovered to be deposited in the TOMA | ||||||
| 20 | Consumer Protection Fund.
| ||||||
| 21 | (j) The Director may enter into consent orders at any time | ||||||
| 22 | with a person
to resolve a matter arising under this Act. A | ||||||
| 23 | consent order must be signed
by the person to whom it is issued | ||||||
| 24 | and must indicate agreement to the terms
contained in it. A | ||||||
| 25 | consent order need not constitute an admission by a
person that | ||||||
| 26 | this Act or a rule or order issued or
promulgated under this | ||||||
| |||||||
| |||||||
| 1 | Act has been violated, nor need it constitute a finding
by the | ||||||
| 2 | Director that the person has violated this Act or a rule
or | ||||||
| 3 | order promulgated under this Act.
| ||||||
| 4 | (k) Notwithstanding the issuance of a consent order, the | ||||||
| 5 | Director may seek
civil or criminal penalties or compromise | ||||||
| 6 | civil penalties concerning matter
encompassed by the consent | ||||||
| 7 | order unless the consent order by its terms
expressly precludes | ||||||
| 8 | the Director from doing so.
| ||||||
| 9 | (l) Appeals from all final orders and judgments entered by | ||||||
| 10 | the circuit
court
under this Section in review of a decision of | ||||||
| 11 | the Director may be taken as in
other civil actions by any | ||||||
| 12 | party to the proceeding.
| ||||||
| 13 | (Source: P.A. 93-535, eff. 1-1-04; revised 9-14-16.)
| ||||||
| 14 | Section 375. The Debt Management Service Act is amended by | ||||||
| 15 | changing Section 2 as follows:
| ||||||
| 16 | (205 ILCS 665/2) (from Ch. 17, par. 5302)
| ||||||
| 17 | Sec. 2. Definitions. As used in this Act:
| ||||||
| 18 | "Credit counselor" means an individual, corporation, or | ||||||
| 19 | other entity that is not a debt management service that | ||||||
| 20 | provides (1) guidance, educational programs, or advice for the | ||||||
| 21 | purpose of addressing budgeting, personal finance, financial | ||||||
| 22 | literacy, saving and spending practices, or the sound use of | ||||||
| 23 | consumer credit; or (2) assistance or offers to assist | ||||||
| 24 | individuals and families with financial problems by providing | ||||||
| |||||||
| |||||||
| 1 | counseling; or (3) a combination of the activities described in | ||||||
| 2 | items (1) and (2) of this definition. | ||||||
| 3 | "Debt management
service" means
the planning and | ||||||
| 4 | management of the financial affairs of
a debtor for a fee and | ||||||
| 5 | the receiving
of money
from the debtor for the purpose
of | ||||||
| 6 | distributing it to the debtor's creditors in payment or partial | ||||||
| 7 | payment of
the debtor's obligations or soliciting financial | ||||||
| 8 | contributions from creditors.
The business of debt management | ||||||
| 9 | is conducted in this State if the debt
management business, its | ||||||
| 10 | employees, or its agents are located in this State or
if the
| ||||||
| 11 | debt management business solicits or contracts with debtors | ||||||
| 12 | located in this
State. "Debt management service" does not | ||||||
| 13 | include "debt settlement service" as defined in the Debt | ||||||
| 14 | Settlement Consumer Protection Act.
| ||||||
| 15 | This term shall not include the following when engaged in
| ||||||
| 16 | the regular course of their respective businesses and | ||||||
| 17 | professions:
| ||||||
| 18 | (a) Attorneys at law licensed, or otherwise authorized | ||||||
| 19 | to practice, in Illinois who are engaged in the practice of | ||||||
| 20 | law.
| ||||||
| 21 | (b) Banks, operating subsidiaries of banks, affiliates | ||||||
| 22 | of banks, fiduciaries, credit unions, savings and loan | ||||||
| 23 | associations,
and savings banks as duly
authorized and | ||||||
| 24 | admitted to transact business in the State of Illinois and
| ||||||
| 25 | performing credit and financial adjusting service in the | ||||||
| 26 | regular course of
their principal business.
| ||||||
| |||||||
| |||||||
| 1 | (c) Title insurers, title agents, independent | ||||||
| 2 | escrowees, and abstract companies, while doing an escrow
| ||||||
| 3 | business.
| ||||||
| 4 | (d) Judicial officers or others acting pursuant to | ||||||
| 5 | court
order.
| ||||||
| 6 | (e) Employers for their employees, except that no | ||||||
| 7 | employer shall retain the services of an outside debt | ||||||
| 8 | management service to perform this service unless the debt | ||||||
| 9 | management service is licensed pursuant to this Act..
| ||||||
| 10 | (f) Bill payment services, as defined in the | ||||||
| 11 | Transmitters of Money Act.
| ||||||
| 12 | (g) Credit counselors, only when providing services | ||||||
| 13 | described in the definition of credit counselor in this | ||||||
| 14 | Section.
| ||||||
| 15 | "Debtor" means the person or persons for whom the debt
| ||||||
| 16 | management service is performed.
| ||||||
| 17 | "Person" means an individual, firm, partnership,
| ||||||
| 18 | association, limited liability company,
corporation, or | ||||||
| 19 | not-for-profit corporation.
| ||||||
| 20 | "Licensee" means a person licensed under this Act.
| ||||||
| 21 | "Secretary" means the Secretary of Financial and | ||||||
| 22 | Professional Regulation. | ||||||
| 23 | (Source: P.A. 95-331, eff. 8-21-07; 96-1420, eff. 8-3-10; | ||||||
| 24 | revised 9-14-16.)
| ||||||
| 25 | Section 380. The Illinois Clinical Laboratory and Blood | ||||||
| |||||||
| |||||||
| 1 | Bank Act is amended by changing Section 7-109 as follows:
| ||||||
| 2 | (210 ILCS 25/7-109) (from Ch. 111 1/2, par. 627-109)
| ||||||
| 3 | Sec. 7-109. Designated donors.
| ||||||
| 4 | (a) Each blood bank may allow a recipient of blood to | ||||||
| 5 | designate a donor
of his choice, for the purpose of receiving | ||||||
| 6 | red cells, under the following
conditions:
| ||||||
| 7 | (1) the recipient, or someone on his behalf, has | ||||||
| 8 | solicited the donors;
| ||||||
| 9 | (2) the designated donor consents to the donation;
| ||||||
| 10 | (3) the designated donor's blood may be obtained in | ||||||
| 11 | sufficient time to
meet the health care needs of the | ||||||
| 12 | recipient;
| ||||||
| 13 | (4) the designated donor is qualified to donate blood | ||||||
| 14 | under the
criteria for donor selection promulgated by the | ||||||
| 15 | federal Food and Drug
Administration; and
| ||||||
| 16 | (5) the blood of the donor is acceptable for the | ||||||
| 17 | patient's medical needs.
| ||||||
| 18 | (b) Blood donated for designated use shall be reserved for | ||||||
| 19 | the designated
recipient; however, if it has not been used | ||||||
| 20 | within 7 days from the day of
donation, it may be used for any | ||||||
| 21 | other medically appropriate purpose.
| ||||||
| 22 | (c) This Section shall not limit other procedures blood | ||||||
| 23 | banks may establish
to enable directed donations.
| ||||||
| 24 | (Source: P.A. 97-264, eff. 8-5-11; revised 9-8-16.)
| ||||||
| |||||||
| |||||||
| 1 | Section 385. The Nursing Home Care Act is amended by | ||||||
| 2 | changing Sections 3-303.1 and 3-306 as follows:
| ||||||
| 3 | (210 ILCS 45/3-303.1) (from Ch. 111 1/2, par. 4153-303.1)
| ||||||
| 4 | Sec. 3-303.1.
Upon application by a facility, the Director | ||||||
| 5 | may grant
or renew the waiver of the facility's compliance with | ||||||
| 6 | a rule or standard
for a period not to exceed the duration of | ||||||
| 7 | the current license or, in the
case of an application for | ||||||
| 8 | license renewal, the duration of the renewal
period. The waiver | ||||||
| 9 | may be conditioned upon the
facility taking action
prescribed | ||||||
| 10 | by the Director as a measure equivalent to compliance.
In | ||||||
| 11 | determining whether to grant or renew a waiver, the Director | ||||||
| 12 | shall consider
the duration and basis for any current waiver | ||||||
| 13 | with respect to the same rule
or standard and the validity and | ||||||
| 14 | effect upon patient health and safety of
extending it on the | ||||||
| 15 | same basis, the effect upon the health and safety of
residents, | ||||||
| 16 | the quality of resident
care, the facility's history of | ||||||
| 17 | compliance with the rules and standards
of this Act, and the | ||||||
| 18 | facility's attempts to comply
with the particular rule or | ||||||
| 19 | standard in question. The Department may
provide, by rule, for | ||||||
| 20 | the automatic renewal of waivers concerning physical
plant | ||||||
| 21 | requirements upon the renewal of a license. The Department | ||||||
| 22 | shall
renew waivers relating to physical plant standards issued | ||||||
| 23 | pursuant to this
Section at the time of the indicated reviews, | ||||||
| 24 | unless it can show why such
waivers should not be extended for | ||||||
| 25 | the following reasons:
| ||||||
| |||||||
| |||||||
| 1 | (a) the condition of the physical plant has deteriorated or | ||||||
| 2 | its use
substantially changed so that the basis upon which the | ||||||
| 3 | waiver was issued is
materially different; or
| ||||||
| 4 | (b) the facility is renovated or substantially remodeled in | ||||||
| 5 | such a way
as to permit compliance with the applicable rules | ||||||
| 6 | and standards without
substantial increase in cost.
| ||||||
| 7 | A copy of each waiver application and each waiver granted | ||||||
| 8 | or renewed shall
be on file with the Department and available | ||||||
| 9 | for public inspection. The
Director shall annually review such | ||||||
| 10 | file and recommend to the Long-Term Long Term
Care Facility | ||||||
| 11 | Advisory Board any modification in rules or standards suggested
| ||||||
| 12 | by the number and nature of waivers requested and granted and | ||||||
| 13 | the difficulties
faced in compliance by similarly situated | ||||||
| 14 | facilities.
| ||||||
| 15 | (Source: P.A. 85-1216; revised 10-26-16.)
| ||||||
| 16 | (210 ILCS 45/3-306) (from Ch. 111 1/2, par. 4153-306)
| ||||||
| 17 | Sec. 3-306.
In determining whether a penalty is to be | ||||||
| 18 | imposed and in determining
the amount of the penalty to be | ||||||
| 19 | imposed, if any, for a violation,
the Director shall consider | ||||||
| 20 | the following factors:
| ||||||
| 21 | (1) the The gravity of the violation, including the | ||||||
| 22 | probability that death
or serious physical or mental harm | ||||||
| 23 | to a resident will result or has resulted;
the severity of | ||||||
| 24 | the actual or potential harm, and the extent to which the
| ||||||
| 25 | provisions of the applicable statutes or regulations were | ||||||
| |||||||
| |||||||
| 1 | violated;
| ||||||
| 2 | (2) the The reasonable diligence exercised by the | ||||||
| 3 | licensee and efforts to
correct violations; .
| ||||||
| 4 | (3) any Any previous violations committed by the | ||||||
| 5 | licensee; and
| ||||||
| 6 | (4) the The financial benefit to the facility of | ||||||
| 7 | committing or continuing the violation.
| ||||||
| 8 | (Source: P.A. 96-1372, eff. 7-29-10; revised 9-8-16.)
| ||||||
| 9 | Section 390. The MC/DD Act is amended by changing Section | ||||||
| 10 | 3-318 as follows:
| ||||||
| 11 | (210 ILCS 46/3-318)
| ||||||
| 12 | Sec. 3-318. Business offenses. | ||||||
| 13 | (a) No person shall: | ||||||
| 14 | (1) intentionally Intentionally fail to correct or | ||||||
| 15 | interfere with the correction of a Type "AA", Type "A", or | ||||||
| 16 | Type "B" violation within the time specified on the notice | ||||||
| 17 | or approved plan of correction under this Act as the | ||||||
| 18 | maximum period given for correction, unless an extension is | ||||||
| 19 | granted and the corrections are made before expiration of | ||||||
| 20 | extension; | ||||||
| 21 | (2) intentionally Intentionally prevent, interfere | ||||||
| 22 | with, or attempt to impede in any way any duly authorized | ||||||
| 23 | investigation and enforcement of this Act; | ||||||
| 24 | (3) intentionally Intentionally prevent or attempt to | ||||||
| |||||||
| |||||||
| 1 | prevent any examination of any relevant books or records | ||||||
| 2 | pertinent to investigations and enforcement of this Act; | ||||||
| 3 | (4) intentionally Intentionally prevent or interfere | ||||||
| 4 | with the preservation of evidence pertaining to any | ||||||
| 5 | violation of this Act or the rules promulgated under this | ||||||
| 6 | Act; | ||||||
| 7 | (5) intentionally Intentionally retaliate or | ||||||
| 8 | discriminate against any resident or employee for | ||||||
| 9 | contacting or providing information to any state official, | ||||||
| 10 | or for initiating, participating in, or testifying in an | ||||||
| 11 | action for any remedy authorized under this Act; | ||||||
| 12 | (6) willfully Willfully file any false, incomplete or | ||||||
| 13 | intentionally misleading information required to be filed | ||||||
| 14 | under this Act, or willfully fail or refuse to file any | ||||||
| 15 | required information; | ||||||
| 16 | (7) open Open or operate a facility without a license; | ||||||
| 17 | or | ||||||
| 18 | (8) intentionally Intentionally retaliate or | ||||||
| 19 | discriminate against any resident for consenting to | ||||||
| 20 | authorized electronic monitoring under the Authorized | ||||||
| 21 | Electronic Monitoring in Long-Term Care Facilities Act; | ||||||
| 22 | or . | ||||||
| 23 | (9) prevent Prevent the installation or use of an | ||||||
| 24 | electronic monitoring device by a resident who has provided | ||||||
| 25 | the facility with notice and consent as required in Section | ||||||
| 26 | 20 of the Authorized Electronic Monitoring in Long-Term | ||||||
| |||||||
| |||||||
| 1 | Care Facilities Act. | ||||||
| 2 | (b) A violation of this Section is a business offense, | ||||||
| 3 | punishable by a fine not to exceed $10,000, except as otherwise | ||||||
| 4 | provided in subsection (2) of Section 3-103 as to submission of | ||||||
| 5 | false or misleading information in a license application. | ||||||
| 6 | (c) The State's Attorney of the county in which the | ||||||
| 7 | facility is located, or the Attorney General, shall be notified | ||||||
| 8 | by the Director of any violations of this Section.
| ||||||
| 9 | (Source: P.A. 99-180, eff. 7-29-15; 99-784, eff. 1-1-17; | ||||||
| 10 | revised 10-26-16.)
| ||||||
| 11 | Section 395. The Specialized Mental Health Rehabilitation | ||||||
| 12 | Act of 2013 is amended by changing Sections 1-102 and 4-201 as | ||||||
| 13 | follows:
| ||||||
| 14 | (210 ILCS 49/1-102)
| ||||||
| 15 | Sec. 1-102. Definitions. For the purposes of this Act, | ||||||
| 16 | unless the context otherwise requires: | ||||||
| 17 | "Abuse" means any physical or mental injury or sexual | ||||||
| 18 | assault inflicted on a consumer other than by accidental means | ||||||
| 19 | in a facility. | ||||||
| 20 | "Accreditation" means any of the following: | ||||||
| 21 | (1) the Joint Commission; | ||||||
| 22 | (2) the Commission on Accreditation of Rehabilitation | ||||||
| 23 | Facilities; | ||||||
| 24 | (3) the Healthcare Facilities Accreditation Program; | ||||||
| |||||||
| |||||||
| 1 | or | ||||||
| 2 | (4) any other national standards of care as approved by | ||||||
| 3 | the Department. | ||||||
| 4 | "Applicant" means any person making application for a | ||||||
| 5 | license or a provisional license under this Act. | ||||||
| 6 | "Consumer" means a person, 18 years of age or older, | ||||||
| 7 | admitted to a mental health rehabilitation facility for | ||||||
| 8 | evaluation, observation, diagnosis, treatment, stabilization, | ||||||
| 9 | recovery, and rehabilitation. | ||||||
| 10 | "Consumer" does not mean any of the following: | ||||||
| 11 | (i) an individual requiring a locked setting; | ||||||
| 12 | (ii) an individual requiring psychiatric | ||||||
| 13 | hospitalization because of an acute psychiatric crisis; | ||||||
| 14 | (iii) an individual under 18 years of age; | ||||||
| 15 | (iv) an individual who is actively suicidal or violent | ||||||
| 16 | toward others; | ||||||
| 17 | (v) an individual who has been found unfit to stand | ||||||
| 18 | trial; | ||||||
| 19 | (vi) an individual who has been found not guilty by | ||||||
| 20 | reason of insanity based on committing a violent act, such | ||||||
| 21 | as sexual assault, assault with a deadly weapon, arson, or | ||||||
| 22 | murder; | ||||||
| 23 | (vii) an individual subject to temporary detention and | ||||||
| 24 | examination under Section 3-607 of the Mental Health and | ||||||
| 25 | Developmental Disabilities Code; | ||||||
| 26 | (viii) an individual deemed clinically appropriate for | ||||||
| |||||||
| |||||||
| 1 | inpatient admission in a State psychiatric hospital; and | ||||||
| 2 | (ix) an individual transferred by the Department of | ||||||
| 3 | Corrections pursuant to Section 3-8-5 of the Unified Code | ||||||
| 4 | of Corrections. | ||||||
| 5 | "Consumer record" means a record that organizes all | ||||||
| 6 | information on the care, treatment, and rehabilitation | ||||||
| 7 | services rendered to a consumer in a specialized mental health | ||||||
| 8 | rehabilitation facility. | ||||||
| 9 | "Controlled drugs" means those drugs covered under the | ||||||
| 10 | federal Comprehensive Drug Abuse Prevention Control Act of | ||||||
| 11 | 1970, as amended, or the Illinois Controlled Substances Act. | ||||||
| 12 | "Department" means the Department of Public Health. | ||||||
| 13 | "Discharge" means the full release of any consumer from a | ||||||
| 14 | facility. | ||||||
| 15 | "Drug administration" means the act in which a single dose | ||||||
| 16 | of a prescribed drug or biological is given to a consumer. The | ||||||
| 17 | complete act of administration entails removing an individual | ||||||
| 18 | dose from a container, verifying the dose with the prescriber's | ||||||
| 19 | orders, giving the individual dose to the consumer, and | ||||||
| 20 | promptly recording the time and dose given. | ||||||
| 21 | "Drug dispensing" means the act entailing the following of | ||||||
| 22 | a prescription order for a drug or biological and proper | ||||||
| 23 | selection, measuring, packaging, labeling, and issuance of the | ||||||
| 24 | drug or biological to a consumer. | ||||||
| 25 | "Emergency" means a situation, physical condition, or one | ||||||
| 26 | or more practices, methods, or operations which present | ||||||
| |||||||
| |||||||
| 1 | imminent danger of death or serious physical or mental harm to | ||||||
| 2 | consumers of a facility. | ||||||
| 3 | "Facility" means a specialized mental health | ||||||
| 4 | rehabilitation facility that provides at least one of the | ||||||
| 5 | following services: (1) triage center; (2) crisis | ||||||
| 6 | stabilization; (3) recovery and rehabilitation supports; or | ||||||
| 7 | (4) transitional living units for 3 or more persons. The | ||||||
| 8 | facility shall provide a 24-hour program that provides | ||||||
| 9 | intensive support and recovery services designed to assist | ||||||
| 10 | persons, 18 years or older, with mental disorders to develop | ||||||
| 11 | the skills to become self-sufficient and capable of increasing | ||||||
| 12 | levels of independent functioning. It includes facilities that | ||||||
| 13 | meet the following criteria: | ||||||
| 14 | (1) 100% of the consumer population of the facility has | ||||||
| 15 | a diagnosis of serious mental illness; | ||||||
| 16 | (2) no more than 15% of the consumer population of the | ||||||
| 17 | facility is 65 years of age or older; | ||||||
| 18 | (3) none of the consumers are non-ambulatory; | ||||||
| 19 | (4) none of the consumers have a primary diagnosis of | ||||||
| 20 | moderate, severe, or profound intellectual disability; and | ||||||
| 21 | (5) the facility must have been licensed under the | ||||||
| 22 | Specialized Mental Health Rehabilitation Act or the | ||||||
| 23 | Nursing Home Care Act immediately preceding July 22, 2013 | ||||||
| 24 | (the effective date of this Act) and qualifies as an a | ||||||
| 25 | institute for mental disease under the federal definition | ||||||
| 26 | of the term. | ||||||
| |||||||
| |||||||
| 1 | "Facility" does not include the following: | ||||||
| 2 | (1) a home, institution, or place operated by the | ||||||
| 3 | federal government or agency thereof, or by the State of | ||||||
| 4 | Illinois; | ||||||
| 5 | (2) a hospital, sanitarium, or other institution whose | ||||||
| 6 | principal activity or business is the diagnosis, care, and | ||||||
| 7 | treatment of human illness through the maintenance and | ||||||
| 8 | operation as organized facilities therefor which is | ||||||
| 9 | required to be licensed under the Hospital Licensing Act; | ||||||
| 10 | (3) a facility for child care as defined in the Child | ||||||
| 11 | Care Act of 1969; | ||||||
| 12 | (4) a community living facility as defined in the | ||||||
| 13 | Community Living Facilities Licensing Act; | ||||||
| 14 | (5) a nursing home or sanatorium operated solely by and | ||||||
| 15 | for persons who rely exclusively upon treatment by | ||||||
| 16 | spiritual means through prayer, in accordance with the | ||||||
| 17 | creed or tenets of any well-recognized church or religious | ||||||
| 18 | denomination; however, such nursing home or sanatorium | ||||||
| 19 | shall comply with all local laws and rules relating to | ||||||
| 20 | sanitation and safety; | ||||||
| 21 | (6) a facility licensed by the Department of Human | ||||||
| 22 | Services as a community-integrated living arrangement as | ||||||
| 23 | defined in the Community-Integrated Living Arrangements | ||||||
| 24 | Licensure and Certification Act; | ||||||
| 25 | (7) a supportive residence licensed under the | ||||||
| 26 | Supportive Residences Licensing Act; | ||||||
| |||||||
| |||||||
| 1 | (8) a supportive living facility in good standing with | ||||||
| 2 | the program established under Section 5-5.01a of the | ||||||
| 3 | Illinois Public Aid Code, except only for purposes of the | ||||||
| 4 | employment of persons in accordance with Section 3-206.01 | ||||||
| 5 | of the Nursing Home Care Act; | ||||||
| 6 | (9) an assisted living or shared housing establishment | ||||||
| 7 | licensed under the Assisted Living and Shared Housing Act, | ||||||
| 8 | except only for purposes of the employment of persons in | ||||||
| 9 | accordance with Section 3-206.01 of the Nursing Home Care | ||||||
| 10 | Act; | ||||||
| 11 | (10) an Alzheimer's disease management center | ||||||
| 12 | alternative health care model licensed under the | ||||||
| 13 | Alternative Health Care Delivery Act; | ||||||
| 14 | (11) a home, institution, or other place operated by or | ||||||
| 15 | under the authority of the Illinois Department of Veterans' | ||||||
| 16 | Affairs; | ||||||
| 17 | (12) a facility licensed under the ID/DD Community Care | ||||||
| 18 | Act; | ||||||
| 19 | (13) a facility licensed under the Nursing Home Care | ||||||
| 20 | Act after July 22, 2013 (the effective date of this Act); | ||||||
| 21 | or | ||||||
| 22 | (14) a facility licensed under the MC/DD Act. | ||||||
| 23 | "Executive director" means a person who is charged with the | ||||||
| 24 | general administration and supervision of a facility licensed | ||||||
| 25 | under this Act. | ||||||
| 26 | "Guardian" means a person appointed as a guardian of the | ||||||
| |||||||
| |||||||
| 1 | person or guardian of the estate, or both, of a consumer under | ||||||
| 2 | the Probate Act of 1975. | ||||||
| 3 | "Identified offender" means a person who meets any of the | ||||||
| 4 | following criteria: | ||||||
| 5 | (1) Has been convicted of, found guilty of, adjudicated | ||||||
| 6 | delinquent for, found not guilty by reason of insanity for, | ||||||
| 7 | or found unfit to stand trial for, any felony offense | ||||||
| 8 | listed in Section 25 of the Health Care Worker Background | ||||||
| 9 | Check Act, except for the following: | ||||||
| 10 | (i) a felony offense described in Section 10-5 of | ||||||
| 11 | the Nurse Practice Act; | ||||||
| 12 | (ii) a felony offense described in Section 4, 5, 6, | ||||||
| 13 | 8, or 17.02 of the Illinois Credit Card and Debit Card | ||||||
| 14 | Act; | ||||||
| 15 | (iii) a felony offense described in Section 5, 5.1, | ||||||
| 16 | 5.2, 7, or 9 of the Cannabis Control Act; | ||||||
| 17 | (iv) a felony offense described in Section 401, | ||||||
| 18 | 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois | ||||||
| 19 | Controlled Substances Act; and | ||||||
| 20 | (v) a felony offense described in the | ||||||
| 21 | Methamphetamine Control and Community Protection Act. | ||||||
| 22 | (2) Has been convicted of, adjudicated delinquent
for, | ||||||
| 23 | found not guilty by reason of insanity for, or found unfit | ||||||
| 24 | to stand trial for, any sex offense as defined in | ||||||
| 25 | subsection (c) of Section 10 of the Sex Offender Management | ||||||
| 26 | Board Act. | ||||||
| |||||||
| |||||||
| 1 | "Transitional living units" are residential units within a | ||||||
| 2 | facility that have the purpose of assisting the consumer in | ||||||
| 3 | developing and reinforcing the necessary skills to live | ||||||
| 4 | independently outside of the facility. The duration of stay in | ||||||
| 5 | such a setting shall not exceed 120 days for each consumer. | ||||||
| 6 | Nothing in this definition shall be construed to be a | ||||||
| 7 | prerequisite for transitioning out of a facility. | ||||||
| 8 | "Licensee" means the person, persons, firm, partnership, | ||||||
| 9 | association, organization, company, corporation, or business | ||||||
| 10 | trust to which a license has been issued. | ||||||
| 11 | "Misappropriation of a consumer's property" means the | ||||||
| 12 | deliberate misplacement, exploitation, or wrongful temporary | ||||||
| 13 | or permanent use of a consumer's belongings or money without | ||||||
| 14 | the consent of a consumer or his or her guardian. | ||||||
| 15 | "Neglect" means a facility's failure to provide, or willful | ||||||
| 16 | withholding of, adequate medical care, mental health | ||||||
| 17 | treatment, psychiatric rehabilitation, personal care, or | ||||||
| 18 | assistance that is necessary to avoid physical harm and mental | ||||||
| 19 | anguish of a consumer. | ||||||
| 20 | "Personal care" means assistance with meals, dressing, | ||||||
| 21 | movement, bathing, or other personal needs, maintenance, or | ||||||
| 22 | general supervision and oversight of the physical and mental | ||||||
| 23 | well-being of an individual who is incapable of maintaining a | ||||||
| 24 | private, independent residence or who is incapable of managing | ||||||
| 25 | his or her person, whether or not a guardian has been appointed | ||||||
| 26 | for such individual. "Personal care" shall not be construed to | ||||||
| |||||||
| |||||||
| 1 | confine or otherwise constrain a facility's pursuit to develop | ||||||
| 2 | the skills and abilities of a consumer to become | ||||||
| 3 | self-sufficient and capable of increasing levels of | ||||||
| 4 | independent functioning. | ||||||
| 5 | "Recovery and rehabilitation supports" means a program | ||||||
| 6 | that facilitates a consumer's longer-term symptom management | ||||||
| 7 | and stabilization while preparing the consumer for | ||||||
| 8 | transitional living units by improving living skills and | ||||||
| 9 | community socialization. The duration of stay in such a setting | ||||||
| 10 | shall be established by the Department by rule. | ||||||
| 11 | "Restraint" means: | ||||||
| 12 | (i) a physical restraint that is any manual method or
| ||||||
| 13 | physical or mechanical device, material, or equipment | ||||||
| 14 | attached or adjacent to a consumer's body that the consumer | ||||||
| 15 | cannot remove easily and restricts freedom of movement or | ||||||
| 16 | normal access to one's body; devices used for positioning, | ||||||
| 17 | including, but not limited to, bed rails, gait belts, and | ||||||
| 18 | cushions, shall not be considered to be restraints for | ||||||
| 19 | purposes of this Section; or | ||||||
| 20 | (ii) a chemical restraint that is any drug used for
| ||||||
| 21 | discipline or convenience and not required to treat medical | ||||||
| 22 | symptoms; the Department shall, by rule, designate certain | ||||||
| 23 | devices as restraints, including at least all those devices | ||||||
| 24 | that have been determined to be restraints by the United | ||||||
| 25 | States Department of Health and Human Services in | ||||||
| 26 | interpretive guidelines issued for the purposes of | ||||||
| |||||||
| |||||||
| 1 | administering Titles XVIII and XIX of the federal Social | ||||||
| 2 | Security Act. For the purposes of this Act, restraint shall | ||||||
| 3 | be administered only after utilizing a coercive free | ||||||
| 4 | environment and culture. | ||||||
| 5 | "Self-administration of medication" means consumers shall | ||||||
| 6 | be responsible for the control, management, and use of their | ||||||
| 7 | own medication. | ||||||
| 8 | "Crisis stabilization" means a secure and separate unit | ||||||
| 9 | that provides short-term behavioral, emotional, or psychiatric | ||||||
| 10 | crisis stabilization as an alternative to hospitalization or | ||||||
| 11 | re-hospitalization for consumers from residential or community | ||||||
| 12 | placement. The duration of stay in such a setting shall not | ||||||
| 13 | exceed 21 days for each consumer. | ||||||
| 14 | "Therapeutic separation" means the removal of a consumer | ||||||
| 15 | from the milieu to a room or area which is designed to aid in | ||||||
| 16 | the emotional or psychiatric stabilization of that consumer. | ||||||
| 17 | "Triage center" means a non-residential 23-hour center | ||||||
| 18 | that serves as an alternative to emergency room care, | ||||||
| 19 | hospitalization, or re-hospitalization for consumers in need | ||||||
| 20 | of short-term crisis stabilization. Consumers may access a | ||||||
| 21 | triage center from a number of referral sources, including | ||||||
| 22 | family, emergency rooms, hospitals, community behavioral | ||||||
| 23 | health providers, federally qualified health providers, or | ||||||
| 24 | schools, including colleges or universities. A triage center | ||||||
| 25 | may be located in a building separate from the licensed | ||||||
| 26 | location of a facility, but shall not be more than 1,000 feet | ||||||
| |||||||
| |||||||
| 1 | from the licensed location of the facility and must meet all of | ||||||
| 2 | the facility standards applicable to the licensed location. If | ||||||
| 3 | the triage center does operate in a separate building, safety | ||||||
| 4 | personnel shall be provided, on site, 24 hours per day and the | ||||||
| 5 | triage center shall meet all other staffing requirements | ||||||
| 6 | without counting any staff employed in the main facility | ||||||
| 7 | building.
| ||||||
| 8 | (Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14; | ||||||
| 9 | 99-180, eff. 7-29-15; revised 9-8-16.)
| ||||||
| 10 | (210 ILCS 49/4-201)
| ||||||
| 11 | Sec. 4-201. Accreditation and licensure. At the end of the | ||||||
| 12 | provisional licensure period established in Part 1 of this | ||||||
| 13 | Article 4, the Department shall license a facility as a | ||||||
| 14 | specialized mental health rehabilitation facility under this | ||||||
| 15 | Act that successfully completes and obtains valid national | ||||||
| 16 | accreditation in behavioral health from a recognized national | ||||||
| 17 | accreditation entity and complies with licensure standards as | ||||||
| 18 | established by the Department of Public Health in | ||||||
| 19 | administrative rule. Rules governing licensure standards shall | ||||||
| 20 | include, but not be limited to, appropriate fines and sanctions | ||||||
| 21 | associated with violations of laws or regulations. The | ||||||
| 22 | following shall be considered to be valid national | ||||||
| 23 | accreditation in behavioral health from a an national | ||||||
| 24 | accreditation entity: | ||||||
| 25 | (1) the Joint Commission; | ||||||
| |||||||
| |||||||
| 1 | (2) the Commission on Accreditation of Rehabilitation | ||||||
| 2 | Facilities; | ||||||
| 3 | (3) the Healthcare Facilities Accreditation Program; | ||||||
| 4 | or | ||||||
| 5 | (4) any other national standards of care as approved by | ||||||
| 6 | the Department.
| ||||||
| 7 | (Source: P.A. 98-104, eff. 7-22-13; 99-712, eff. 8-5-16; | ||||||
| 8 | revised 10-26-16.)
| ||||||
| 9 | Section 400. The Emergency Medical Services (EMS) Systems | ||||||
| 10 | Act is amended by changing Sections 3.40 and 3.220 as follows:
| ||||||
| 11 | (210 ILCS 50/3.40)
| ||||||
| 12 | Sec. 3.40. EMS System Participation Suspensions and
Due | ||||||
| 13 | Process. | ||||||
| 14 | (a) An EMS Medical Director may suspend from
participation | ||||||
| 15 | within the System any EMS personnel, EMS Lead Instructor (LI), | ||||||
| 16 | individual, individual
provider or other participant | ||||||
| 17 | considered not to be meeting
the requirements of the Program | ||||||
| 18 | Plan of that approved EMS
System.
| ||||||
| 19 | (b) Prior to suspending any individual or entity, an EMS | ||||||
| 20 | Medical Director
shall provide an opportunity for a hearing | ||||||
| 21 | before the
local System review board in accordance with | ||||||
| 22 | subsection (f) and the rules
promulgated by the Department.
| ||||||
| 23 | (1) If the local System review board affirms or | ||||||
| 24 | modifies the EMS Medical
Director's suspension order, the | ||||||
| |||||||
| |||||||
| 1 | individual or entity shall have the opportunity for
a | ||||||
| 2 | review of the local board's decision by the State EMS | ||||||
| 3 | Disciplinary Review
Board, pursuant to Section 3.45 of this | ||||||
| 4 | Act.
| ||||||
| 5 | (2) If the local System review board reverses or | ||||||
| 6 | modifies the EMS Medical
Director's order, the EMS Medical | ||||||
| 7 | Director shall have the
opportunity for a review of the | ||||||
| 8 | local board's decision by the State EMS
Disciplinary Review | ||||||
| 9 | Board, pursuant to Section 3.45 of this Act.
| ||||||
| 10 | (3) The suspension shall commence only upon the | ||||||
| 11 | occurrence of one of the
following:
| ||||||
| 12 | (A) the individual or entity has waived the | ||||||
| 13 | opportunity for a hearing before
the local System | ||||||
| 14 | review board; or
| ||||||
| 15 | (B) the order has been affirmed or modified by the | ||||||
| 16 | local system review
board
and the individual or entity | ||||||
| 17 | has waived the opportunity for review by the State
| ||||||
| 18 | Board; or
| ||||||
| 19 | (C) the order has been affirmed or modified by the | ||||||
| 20 | local system review
board,
and the local board's | ||||||
| 21 | decision has been affirmed or modified by the State
| ||||||
| 22 | Board.
| ||||||
| 23 | (c) An EMS Medical Director may immediately suspend an EMR, | ||||||
| 24 | EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, or other | ||||||
| 25 | individual or entity if he or she finds that the
continuation | ||||||
| 26 | in practice by the individual or entity would constitute an
| ||||||
| |||||||
| |||||||
| 1 | imminent danger to the public. The suspended individual or | ||||||
| 2 | entity shall be
issued an immediate verbal notification | ||||||
| 3 | followed by a written suspension order
by the EMS Medical | ||||||
| 4 | Director which states the
length, terms and basis for the | ||||||
| 5 | suspension.
| ||||||
| 6 | (1) Within 24 hours following the commencement of the | ||||||
| 7 | suspension, the EMS
Medical Director shall deliver to the | ||||||
| 8 | Department, by messenger, telefax, or other | ||||||
| 9 | Department-approved electronic communication, a
copy of | ||||||
| 10 | the suspension order and copies of any written materials | ||||||
| 11 | which relate
to the EMS Medical Director's decision to | ||||||
| 12 | suspend the individual or entity. All medical and | ||||||
| 13 | patient-specific information, including Department | ||||||
| 14 | findings with respect to the quality of care rendered, | ||||||
| 15 | shall be strictly confidential pursuant to the Medical | ||||||
| 16 | Studies Act (Part 21 of Article VIII of the Code of Civil | ||||||
| 17 | Procedure).
| ||||||
| 18 | (2) Within 24 hours following the commencement of the | ||||||
| 19 | suspension, the
suspended individual or entity may deliver | ||||||
| 20 | to the Department, by messenger,
telefax, or other | ||||||
| 21 | Department-approved electronic communication, a written | ||||||
| 22 | response to the suspension order and copies of any written
| ||||||
| 23 | materials which the individual or entity feels are | ||||||
| 24 | appropriate. All medical and patient-specific information, | ||||||
| 25 | including Department findings with respect to the quality | ||||||
| 26 | of care rendered, shall be strictly confidential pursuant | ||||||
| |||||||
| |||||||
| 1 | to the Medical Studies Act.
| ||||||
| 2 | (3) Within 24 hours following receipt of the EMS | ||||||
| 3 | Medical Director's
suspension order or the individual or | ||||||
| 4 | entity's written response, whichever is later,
the | ||||||
| 5 | Director or the Director's designee shall determine | ||||||
| 6 | whether the suspension
should be stayed pending an | ||||||
| 7 | opportunity for a hearing or
review in accordance with this | ||||||
| 8 | Act, or whether the suspension should continue
during the | ||||||
| 9 | course of that hearing or review. The Director or the | ||||||
| 10 | Director's
designee shall issue this determination to the | ||||||
| 11 | EMS Medical Director, who shall
immediately notify the | ||||||
| 12 | suspended individual or entity. The suspension shall | ||||||
| 13 | remain
in effect during this period of review by the | ||||||
| 14 | Director or the Director's
designee.
| ||||||
| 15 | (d) Upon issuance of a suspension order for reasons | ||||||
| 16 | directly related to
medical care, the EMS Medical Director | ||||||
| 17 | shall also provide the individual or entity
with the | ||||||
| 18 | opportunity for a hearing before the local System review board, | ||||||
| 19 | in
accordance with subsection (f) and the rules promulgated by | ||||||
| 20 | the Department.
| ||||||
| 21 | (1) If the local System review board affirms or | ||||||
| 22 | modifies the EMS Medical
Director's suspension order, the | ||||||
| 23 | individual or entity shall have the opportunity for
a | ||||||
| 24 | review of the local board's decision by the State EMS | ||||||
| 25 | Disciplinary Review
Board, pursuant to Section 3.45 of this | ||||||
| 26 | Act.
| ||||||
| |||||||
| |||||||
| 1 | (2) If the local System review board reverses or | ||||||
| 2 | modifies the EMS Medical
Director's suspension order, the | ||||||
| 3 | EMS Medical Director shall have the
opportunity for a | ||||||
| 4 | review of the local board's decision by the State EMS
| ||||||
| 5 | Disciplinary Review Board, pursuant to Section 3.45 of this | ||||||
| 6 | Act.
| ||||||
| 7 | (3) The suspended individual or entity may elect to | ||||||
| 8 | bypass the local System review board
and seek direct review | ||||||
| 9 | of the EMS Medical Director's suspension order by the
State | ||||||
| 10 | EMS Disciplinary Review Board.
| ||||||
| 11 | (e) The Resource Hospital shall designate a local System | ||||||
| 12 | review board in
accordance with the rules of the Department, | ||||||
| 13 | for the purpose of providing a
hearing to any individual or | ||||||
| 14 | entity participating within the
System who is suspended from | ||||||
| 15 | participation by the EMS Medical Director. The
EMS Medical | ||||||
| 16 | Director shall arrange for a certified shorthand reporter to | ||||||
| 17 | make a
stenographic record of that hearing and thereafter | ||||||
| 18 | prepare a transcript of the
proceedings. The transcript, all | ||||||
| 19 | documents or materials received as evidence
during the hearing | ||||||
| 20 | and the local System review board's written decision shall
be | ||||||
| 21 | retained in the custody of the EMS system. The System shall | ||||||
| 22 | implement a
decision of the local System review board unless | ||||||
| 23 | that decision has been
appealed to the State Emergency Medical | ||||||
| 24 | Services Disciplinary Review Board in
accordance with this Act | ||||||
| 25 | and the rules of the Department.
| ||||||
| 26 | (f) The Resource Hospital shall implement a decision of the | ||||||
| |||||||
| |||||||
| 1 | State Emergency
Medical Services Disciplinary Review Board | ||||||
| 2 | which has been rendered in
accordance with this Act and the | ||||||
| 3 | rules of the Department.
| ||||||
| 4 | (Source: P.A. 98-973, eff. 8-15-14; revised 9-8-16.)
| ||||||
| 5 | (210 ILCS 50/3.220)
| ||||||
| 6 | Sec. 3.220. EMS Assistance Fund.
| ||||||
| 7 | (a) There is hereby created an "EMS Assistance
Fund" within | ||||||
| 8 | the State treasury, for the purpose of receiving
fines and fees | ||||||
| 9 | collected by the Illinois Department of
Public Health pursuant | ||||||
| 10 | to this Act.
| ||||||
| 11 | (b) (Blank).
| ||||||
| 12 | (b-5) All licensing, testing, and certification fees | ||||||
| 13 | authorized by this Act, excluding ambulance licensure fees, | ||||||
| 14 | within this fund shall be used by the Department for | ||||||
| 15 | administration, oversight, and enforcement of activities | ||||||
| 16 | authorized under this Act. | ||||||
| 17 | (c) All other moneys within this fund shall be
distributed | ||||||
| 18 | by the Department to the EMS Regions for
disbursement in | ||||||
| 19 | accordance with protocols established in the
EMS Region Plans, | ||||||
| 20 | for the purposes of organization,
development and improvement | ||||||
| 21 | of Emergency Medical Services
Systems, including but not | ||||||
| 22 | limited to training of personnel
and acquisition, modification | ||||||
| 23 | and maintenance of necessary
supplies, equipment and vehicles.
| ||||||
| 24 | (d) All fees and fines collected pursuant to this
Act shall | ||||||
| 25 | be deposited into the EMS Assistance Fund, except that all fees | ||||||
| |||||||
| |||||||
| 1 | collected under Section 3.86 in connection with the licensure | ||||||
| 2 | of stretcher van providers shall be deposited into the | ||||||
| 3 | Stretcher Van Licensure Fund.
| ||||||
| 4 | (Source: P.A. 96-702, eff. 8-25-09; 96-1469, eff. 1-1-11; | ||||||
| 5 | revised 9-8-16.)
| ||||||
| 6 | Section 405. The Home Health, Home Services, and Home | ||||||
| 7 | Nursing Agency Licensing Act is amended by changing Section | ||||||
| 8 | 10.01 as follows:
| ||||||
| 9 | (210 ILCS 55/10.01) (from Ch. 111 1/2, par. 2810.01)
| ||||||
| 10 | Sec. 10.01. All fines shall be paid to the Department | ||||||
| 11 | within 10 days
of the notice of assessment or, if the fine is | ||||||
| 12 | contested under Section 10
of this Act, within 10 days of the | ||||||
| 13 | receipt of the final decision, unless
the decision is appealed | ||||||
| 14 | and the order is stayed by court order under
Section 12 of this | ||||||
| 15 | Act. A fine assessed under this Act shall be collected
by the | ||||||
| 16 | Department. If the licensee against whom the fine has been | ||||||
| 17 | assessed
does not comply with a written demand for payment | ||||||
| 18 | within 30 days, the
Director shall issue an order to do any of | ||||||
| 19 | the following:
| ||||||
| 20 | (a) certify to the Comptroller, as provided by rule of | ||||||
| 21 | the Department of
delinquent fines due and owing from the | ||||||
| 22 | licensee or any amounts due and
owing as a result of a | ||||||
| 23 | civil action pursuant to subsection (d) of this
Section. | ||||||
| 24 | The purpose of certification shall be to intercept State | ||||||
| |||||||
| |||||||
| 1 | income
tax refunds and other payments due such licensee in | ||||||
| 2 | order to satisfy, in
whole or in part, any delinquent fines | ||||||
| 3 | or amounts recoverable in a civil
action brought pursuant | ||||||
| 4 | to subsection (d) of this Section. The rule shall
provide | ||||||
| 5 | for notice to any such licensee or person affected. Any | ||||||
| 6 | final
administrative decision rendered by the Department | ||||||
| 7 | with respect to any
certification made pursuant to this | ||||||
| 8 | subsection (a) shall be reviewed only
under and in | ||||||
| 9 | accordance with the Administrative Review Law; .
| ||||||
| 10 | (b) certify to the Social Security Administration, as | ||||||
| 11 | provided by rule
of the Department, of delinquent fines due | ||||||
| 12 | and owing from the licensee or
any amounts due and owing as | ||||||
| 13 | a result of a civil action pursuant to
subsection (d) of | ||||||
| 14 | this Section. The purpose of certification shall be to
| ||||||
| 15 | request the Social Security Administration to intercept | ||||||
| 16 | and remit to the
Department Medicaid reimbursement | ||||||
| 17 | payments due such licensee in order to
satisfy, in whole or | ||||||
| 18 | in part, any delinquent fines or amounts recoverable
in a | ||||||
| 19 | civil action brought pursuant to subsection (d) of this | ||||||
| 20 | Section. The
rules shall provide for notice to any such | ||||||
| 21 | licensee or person affected.
Any final administrative | ||||||
| 22 | decision rendered by the Department with respect
to any | ||||||
| 23 | certification made pursuant to this subsection (b) shall be | ||||||
| 24 | reviewed
only under and in accordance with the | ||||||
| 25 | Administrative Review Law; .
| ||||||
| 26 | (c) add the amount of the penalty to the agency's | ||||||
| |||||||
| |||||||
| 1 | licensing
fee; if the licensee refuses to make the payment | ||||||
| 2 | at the time of application
for renewal of its license, the | ||||||
| 3 | license shall not be renewed; or
| ||||||
| 4 | (d) bring an action in circuit court to recover the | ||||||
| 5 | amount of the penalty.
| ||||||
| 6 | (Source: P.A. 94-379, eff. 1-1-06; revised 9-8-16.)
| ||||||
| 7 | Section 410. The Hospital Licensing Act is amended by | ||||||
| 8 | changing Sections 10 and 10.8 as follows:
| ||||||
| 9 | (210 ILCS 85/10) (from Ch. 111 1/2, par. 151)
| ||||||
| 10 | Sec. 10. Board creation; Department rules.
| ||||||
| 11 | (a) The Governor shall appoint a Hospital Licensing Board | ||||||
| 12 | composed
of 14 persons, which shall advise and consult with the | ||||||
| 13 | Director
in the administration of this Act. The Secretary of | ||||||
| 14 | Human Services (or his
or her designee) shall serve on the | ||||||
| 15 | Board, along with one additional
representative of the | ||||||
| 16 | Department of Human Services to be designated by the
Secretary. | ||||||
| 17 | Four appointive members shall represent
the general public and | ||||||
| 18 | 2 of these shall be members of hospital governing
boards; one | ||||||
| 19 | appointive member shall be a registered professional nurse or
| ||||||
| 20 | advanced practice, nurse as
defined in the Nurse Practice Act, | ||||||
| 21 | who is employed in a
hospital; 3 appointive
members shall be | ||||||
| 22 | hospital administrators actively engaged in the supervision
or | ||||||
| 23 | administration of hospitals; 2 appointive members shall be | ||||||
| 24 | practicing
physicians, licensed in Illinois to practice | ||||||
| |||||||
| |||||||
| 1 | medicine in all of its
branches; and one appointive member | ||||||
| 2 | shall be a physician licensed to practice
podiatric medicine | ||||||
| 3 | under the Podiatric Medical Practice Act of 1987;
and one | ||||||
| 4 | appointive member shall be a
dentist licensed to practice | ||||||
| 5 | dentistry under
the Illinois Dental Practice Act. In making | ||||||
| 6 | Board appointments, the Governor shall give
consideration to | ||||||
| 7 | recommendations made through the Director by professional
| ||||||
| 8 | organizations concerned with hospital administration for the | ||||||
| 9 | hospital
administrative and governing board appointments, | ||||||
| 10 | registered professional
nurse organizations for the registered | ||||||
| 11 | professional nurse appointment,
professional medical | ||||||
| 12 | organizations for the physician appointments, and
professional | ||||||
| 13 | dental organizations for the dentist appointment.
| ||||||
| 14 | (b) Each appointive member shall hold office for a term of | ||||||
| 15 | 3 years,
except that any member appointed to fill a vacancy | ||||||
| 16 | occurring prior to the
expiration of the term for which his | ||||||
| 17 | predecessor was appointed shall be
appointed for the remainder | ||||||
| 18 | of such term and the terms of office of the
members first | ||||||
| 19 | taking office shall expire, as designated at the time of
| ||||||
| 20 | appointment, 2 at the end of the first year, 2 at the end of the | ||||||
| 21 | second
year, and 3 at the end of the third year, after the date | ||||||
| 22 | of appointment.
The initial terms of office of the 2 additional | ||||||
| 23 | members representing the
general public provided for in this | ||||||
| 24 | Section shall expire at the end of the
third year after the | ||||||
| 25 | date of appointment. The term of office of each
original | ||||||
| 26 | appointee shall commence July 1, 1953; the term of office of | ||||||
| |||||||
| |||||||
| 1 | the
original registered professional nurse appointee shall | ||||||
| 2 | commence July 1,
1969; the term of office of the original | ||||||
| 3 | licensed podiatric physician appointee shall
commence July 1, | ||||||
| 4 | 1981; the term of office of the original dentist
appointee | ||||||
| 5 | shall commence July 1, 1987; and the term of office of each
| ||||||
| 6 | successor shall commence on July 1 of
the year in which his | ||||||
| 7 | predecessor's term expires. Board members, while
serving on | ||||||
| 8 | business of the Board, shall receive actual and necessary | ||||||
| 9 | travel
and subsistence expenses while so serving away from | ||||||
| 10 | their places of
residence. The Board shall meet as frequently | ||||||
| 11 | as the Director deems
necessary, but not less than once a year. | ||||||
| 12 | Upon request of 5 or more
members, the Director shall call a | ||||||
| 13 | meeting of the Board.
| ||||||
| 14 | (c) The Director shall prescribe rules, regulations, | ||||||
| 15 | standards, and
statements of policy needed to implement, | ||||||
| 16 | interpret, or make specific the
provisions and purposes of this | ||||||
| 17 | Act. The Department shall adopt rules which
set forth standards | ||||||
| 18 | for determining when the public interest, safety
or welfare | ||||||
| 19 | requires emergency action in relation to termination of a | ||||||
| 20 | research
program or experimental procedure conducted by a | ||||||
| 21 | hospital licensed under
this Act. No rule, regulation, or | ||||||
| 22 | standard shall
be adopted by the Department concerning the | ||||||
| 23 | operation of hospitals licensed
under this Act which has not | ||||||
| 24 | had prior approval of the Hospital Licensing
Board, nor shall | ||||||
| 25 | the Department adopt any rule, regulation or standard
relating | ||||||
| 26 | to the establishment of a hospital without consultation with | ||||||
| |||||||
| |||||||
| 1 | the
Hospital Licensing Board.
| ||||||
| 2 | (d) Within one year after August 7, 1984 (the effective | ||||||
| 3 | date of Public Act 83-1248) this amendatory Act
of 1984, all | ||||||
| 4 | hospitals licensed under this Act and providing perinatal care
| ||||||
| 5 | shall comply with standards of perinatal care promulgated by | ||||||
| 6 | the Department.
The Director shall promulgate rules or | ||||||
| 7 | regulations under this Act which
are consistent with the | ||||||
| 8 | Developmental Disability Prevention Act "An Act relating to the | ||||||
| 9 | prevention of developmental
disabilities", approved September | ||||||
| 10 | 6, 1973, as amended.
| ||||||
| 11 | (Source: P.A. 98-214, eff. 8-9-13; revised 10-26-16.)
| ||||||
| 12 | (210 ILCS 85/10.8)
| ||||||
| 13 | Sec. 10.8. Requirements for employment of physicians.
| ||||||
| 14 | (a) Physician employment by hospitals and hospital | ||||||
| 15 | affiliates. Employing
entities may
employ physicians to | ||||||
| 16 | practice medicine in all of its branches provided that the
| ||||||
| 17 | following
requirements are met:
| ||||||
| 18 | (1) The employed physician is a member of the medical | ||||||
| 19 | staff of either the
hospital or hospital affiliate. If a | ||||||
| 20 | hospital affiliate decides to have a
medical staff, its
| ||||||
| 21 | medical staff shall be organized in accordance with written | ||||||
| 22 | bylaws where the
affiliate
medical staff is responsible for | ||||||
| 23 | making recommendations to the governing body
of
the | ||||||
| 24 | affiliate regarding all quality assurance activities and | ||||||
| 25 | safeguarding
professional
autonomy. The affiliate medical | ||||||
| |||||||
| |||||||
| 1 | staff bylaws may not be unilaterally changed
by the
| ||||||
| 2 | governing body of the affiliate. Nothing in this Section | ||||||
| 3 | requires hospital
affiliates
to have a medical staff.
| ||||||
| 4 | (2) Independent
physicians, who are not employed by an | ||||||
| 5 | employing entity,
periodically review the quality of
the | ||||||
| 6 | medical
services provided by the employed
physician to | ||||||
| 7 | continuously improve patient care.
| ||||||
| 8 | (3) The employing entity and the employed physician | ||||||
| 9 | sign a statement
acknowledging
that the employer shall not | ||||||
| 10 | unreasonably exercise control, direct, or
interfere with
| ||||||
| 11 | the employed physician's exercise and execution of his or | ||||||
| 12 | her professional
judgment in a manner that
adversely | ||||||
| 13 | affects the employed physician's ability to provide | ||||||
| 14 | quality care to
patients. This signed statement shall take | ||||||
| 15 | the form of a provision in the
physician's
employment | ||||||
| 16 | contract or a separate signed document from the employing | ||||||
| 17 | entity to
the
employed physician. This statement shall | ||||||
| 18 | state: "As the employer of a
physician,
(employer's name) | ||||||
| 19 | shall not unreasonably exercise control, direct, or
| ||||||
| 20 | interfere with
the employed physician's exercise and | ||||||
| 21 | execution of his or her professional
judgment in a manner | ||||||
| 22 | that
adversely affects the employed physician's ability to | ||||||
| 23 | provide quality care to
patients."
| ||||||
| 24 | (4) The employing entity shall establish a
mutually | ||||||
| 25 | agreed upon independent
review
process
with criteria
under | ||||||
| 26 | which an employed physician
may seek review of the alleged | ||||||
| |||||||
| |||||||
| 1 | violation
of this Section by physicians who are not | ||||||
| 2 | employed by the employing
entity. The affiliate may arrange | ||||||
| 3 | with the hospital medical
staff to conduct these reviews.
| ||||||
| 4 | The independent physicians
shall make findings and | ||||||
| 5 | recommendations to the employing entity and the
employed
| ||||||
| 6 | physician within 30 days of the conclusion of the gathering | ||||||
| 7 | of the relevant
information.
| ||||||
| 8 | (b) Definitions. For the purpose of this Section:
| ||||||
| 9 | "Employing entity" means a hospital licensed under the | ||||||
| 10 | Hospital Licensing Act
or a hospital
affiliate.
| ||||||
| 11 | "Employed physician" means a physician who receives an IRS | ||||||
| 12 | W-2 form, or any
successor
federal income tax form, from an | ||||||
| 13 | employing entity.
| ||||||
| 14 | "Hospital" means a hospital licensed under the Hospital | ||||||
| 15 | Licensing Act, except
county hospitals as defined in subsection | ||||||
| 16 | (c) of Section 15-1 of the Illinois Public Aid
Code.
| ||||||
| 17 | "Hospital affiliate" means a corporation, partnership, | ||||||
| 18 | joint venture, limited
liability company,
or similar | ||||||
| 19 | organization, other than a hospital, that is devoted primarily | ||||||
| 20 | to
the provision, management,
or support of health care | ||||||
| 21 | services and that directly or indirectly controls, is
| ||||||
| 22 | controlled by, or is under
common control of the hospital. | ||||||
| 23 | "Control" means having at least an equal or a
majority | ||||||
| 24 | ownership
or membership interest. A hospital affiliate shall be | ||||||
| 25 | 100% owned or controlled
by any combination
of hospitals, their | ||||||
| 26 | parent corporations, or physicians licensed to practice
| ||||||
| |||||||
| |||||||
| 1 | medicine in all its branches
in Illinois.
"Hospital affiliate" | ||||||
| 2 | does not include a health maintenance
organization regulated | ||||||
| 3 | under the Health Maintenance
Organization Act.
| ||||||
| 4 | "Physician" means an individual licensed to practice | ||||||
| 5 | medicine in all its
branches in Illinois.
| ||||||
| 6 | "Professional judgment" means the exercise of a | ||||||
| 7 | physician's independent
clinical judgment
in providing | ||||||
| 8 | medically appropriate diagnoses, care, and treatment to a
| ||||||
| 9 | particular patient at a
particular time. Situations in which an | ||||||
| 10 | employing entity does not interfere
with an employed
| ||||||
| 11 | physician's professional judgment include, without limitation, | ||||||
| 12 | the following:
| ||||||
| 13 | (1) practice restrictions based upon peer review of the | ||||||
| 14 | physician's
clinical
practice to assess quality of care and | ||||||
| 15 | utilization of resources in accordance
with
applicable | ||||||
| 16 | bylaws;
| ||||||
| 17 | (2) supervision of physicians by appropriately | ||||||
| 18 | licensed medical
directors,
medical school faculty, | ||||||
| 19 | department chairpersons or directors, or
supervising | ||||||
| 20 | physicians;
| ||||||
| 21 | (3) written statements of ethical or religious | ||||||
| 22 | directives; and
| ||||||
| 23 | (4) reasonable referral restrictions that do not, in | ||||||
| 24 | the reasonable
professional
judgment of the physician, | ||||||
| 25 | adversely affect the health or welfare of the
patient.
| ||||||
| 26 | (c) Private enforcement. An employed physician aggrieved | ||||||
| |||||||
| |||||||
| 1 | by a violation of
this Act may
seek to obtain an injunction or | ||||||
| 2 | reinstatement of employment with the employing
entity as the | ||||||
| 3 | court
may deem appropriate. Nothing in this Section limits or | ||||||
| 4 | abrogates any common
law cause of action.
Nothing in this | ||||||
| 5 | Section shall be deemed to alter the law of negligence.
| ||||||
| 6 | (d) Department enforcement. The Department may enforce the | ||||||
| 7 | provisions of
this Section,
but nothing in this Section shall | ||||||
| 8 | require or permit the Department to license,
certify, or | ||||||
| 9 | otherwise
investigate the activities of a
hospital affiliate | ||||||
| 10 | not otherwise required to be licensed by the
Department.
| ||||||
| 11 | (e) Retaliation prohibited. No employing entity shall | ||||||
| 12 | retaliate against any
employed
physician for requesting a | ||||||
| 13 | hearing or review under this Section.
No action may be taken | ||||||
| 14 | that
affects
the ability of a physician to practice during this | ||||||
| 15 | review, except in
circumstances
where the medical staff bylaws | ||||||
| 16 | authorize summary suspension.
| ||||||
| 17 | (f) Physician collaboration. No employing entity shall | ||||||
| 18 | adopt or enforce,
either formally or
informally, any policy, | ||||||
| 19 | rule, regulation, or practice inconsistent with
the provision | ||||||
| 20 | of adequate
collaboration, including medical direction of | ||||||
| 21 | licensed advanced practice
nurses or supervision
of licensed | ||||||
| 22 | physician assistants and delegation to other personnel under
| ||||||
| 23 | Section 54.5 of the Medical
Practice Act of 1987.
| ||||||
| 24 | (g) Physician disciplinary actions. Nothing in this | ||||||
| 25 | Section shall be
construed to limit or
prohibit the governing | ||||||
| 26 | body of an employing entity or its medical staff, if
any, from | ||||||
| |||||||
| |||||||
| 1 | taking
disciplinary actions against a physician as permitted by | ||||||
| 2 | law.
| ||||||
| 3 | (h) Physician review. Nothing in this Section shall be | ||||||
| 4 | construed to prohibit
a hospital or
hospital affiliate from | ||||||
| 5 | making a determination not to pay for a particular
health care | ||||||
| 6 | service or to
prohibit a medical group, independent practice | ||||||
| 7 | association, hospital medical
staff, or hospital
governing | ||||||
| 8 | body from enforcing reasonable peer review or utilization | ||||||
| 9 | review
protocols or determining
whether the employed physician | ||||||
| 10 | complied with those protocols.
| ||||||
| 11 | (i) Review. Nothing in this Section may be used or | ||||||
| 12 | construed to establish
that any activity
of a hospital or | ||||||
| 13 | hospital affiliate is subject to review under the Illinois
| ||||||
| 14 | Health Facilities Planning Act.
| ||||||
| 15 | (j) Rules. The Department shall adopt any
rules necessary | ||||||
| 16 | to
implement this Section.
| ||||||
| 17 | (Source: P.A. 92-455, eff. 9-30-01; revised 10-26-16.)
| ||||||
| 18 | Section 415. The Illinois Insurance Code is amended by | ||||||
| 19 | changing Sections 35A-15, 35A-60, 126.12, 126.25, 143.19, | ||||||
| 20 | 355a, and 1303 as follows:
| ||||||
| 21 | (215 ILCS 5/35A-15)
| ||||||
| 22 | Sec. 35A-15. Company action level event.
| ||||||
| 23 | (a) A company action level event means any of the following | ||||||
| 24 | events:
| ||||||
| |||||||
| |||||||
| 1 | (1) The filing of an RBC Report by an insurer that | ||||||
| 2 | indicates that:
| ||||||
| 3 | (A) the insurer's total adjusted capital is | ||||||
| 4 | greater than or equal to its
regulatory action level | ||||||
| 5 | RBC, but less than its company action level RBC;
| ||||||
| 6 | (B) the insurer, if a life, health, or life and | ||||||
| 7 | health insurer or a fraternal benefit society, has
| ||||||
| 8 | total adjusted capital that is greater than or equal
to | ||||||
| 9 | its company action level RBC, but less than the product | ||||||
| 10 | of its authorized
control level RBC and 3.0 and has a | ||||||
| 11 | negative trend; or
| ||||||
| 12 | (C) the insurer, if a property and casualty | ||||||
| 13 | insurer, has total adjusted capital that is greater | ||||||
| 14 | than or equal
to its company action level RBC, but less | ||||||
| 15 | than the product of its authorized
control level RBC | ||||||
| 16 | and 3.0 and triggers the trend test determined in | ||||||
| 17 | accordance with the trend test calculation included in | ||||||
| 18 | the property and casualty RBC Instructions; or . | ||||||
| 19 | (D) the insurer, if a health organization, has | ||||||
| 20 | total adjusted capital that is greater than or equal to | ||||||
| 21 | its company action level RBC but less than the product | ||||||
| 22 | of its authorized control level RBC and 3.0 and | ||||||
| 23 | triggers the trend test determined in accordance with | ||||||
| 24 | the trend test calculation included in the Health RBC | ||||||
| 25 | Instructions. | ||||||
| 26 | (2) The notification by the Director to the insurer of | ||||||
| |||||||
| |||||||
| 1 | an Adjusted RBC
Report that indicates an event described in
| ||||||
| 2 | paragraph (1),
provided the insurer does not challenge the | ||||||
| 3 | Adjusted RBC Report under Section
35A-35.
| ||||||
| 4 | (3) The notification by the Director to the insurer | ||||||
| 5 | that the Director has,
after a hearing, rejected the | ||||||
| 6 | insurer's challenge under Section 35A-35 to an
Adjusted RBC | ||||||
| 7 | Report that indicates the event described in paragraph (1).
| ||||||
| 8 | (b) In the event of a company action level event, the | ||||||
| 9 | insurer shall prepare
and submit to the Director an RBC Plan | ||||||
| 10 | that does
all of the following:
| ||||||
| 11 | (1) Identifies the conditions that contribute to the
| ||||||
| 12 | company action level event.
| ||||||
| 13 | (2) Contains proposed corrective actions that the | ||||||
| 14 | insurer intends to
take and that are expected to result in | ||||||
| 15 | the elimination of the company action
level event.
A health | ||||||
| 16 | organization is not prohibited from
proposing recognition | ||||||
| 17 | of a parental guarantee or a letter of credit to
eliminate | ||||||
| 18 | the company action level event; however the Director shall, | ||||||
| 19 | at his
discretion, determine whether or the extent to which | ||||||
| 20 | the proposed parental
guarantee or letter of credit is an | ||||||
| 21 | acceptable part of a satisfactory RBC Plan
or Revised RBC | ||||||
| 22 | Plan.
| ||||||
| 23 | (3) Provides projections of the insurer's financial | ||||||
| 24 | results in the current
year and at least the 4 succeeding | ||||||
| 25 | years, both in the absence of proposed
corrective actions | ||||||
| 26 | and giving effect to the proposed corrective actions,
| ||||||
| |||||||
| |||||||
| 1 | including projections of statutory operating income, net | ||||||
| 2 | income, capital, and
surplus. The projections for both new | ||||||
| 3 | and renewal business may include
separate projections for | ||||||
| 4 | each major line of business and separately identify
each | ||||||
| 5 | significant income, expense, and benefit component.
| ||||||
| 6 | (4) Identifies the key assumptions affecting the | ||||||
| 7 | insurer's projections
and the sensitivity of the | ||||||
| 8 | projections to the assumptions.
| ||||||
| 9 | (5) Identifies the quality of, and problems associated | ||||||
| 10 | with, the insurer's
business including, but not limited to, | ||||||
| 11 | its assets, anticipated business growth
and associated | ||||||
| 12 | surplus strain, extraordinary exposure to risk, mix of | ||||||
| 13 | business,
and use of reinsurance, if any, in each case.
| ||||||
| 14 | (c) The insurer shall submit the RBC Plan to the Director | ||||||
| 15 | within 45 days
after the company action
level event occurs or | ||||||
| 16 | within 45 days after the Director notifies the insurer
that the | ||||||
| 17 | Director has, after a hearing, rejected its
challenge under | ||||||
| 18 | Section 35A-35 to an
Adjusted RBC Report.
| ||||||
| 19 | (d) Within 60 days after an insurer submits an RBC Plan to | ||||||
| 20 | the
Director, the Director shall notify the insurer whether the | ||||||
| 21 | RBC Plan shall be
implemented or is, in the judgment of the | ||||||
| 22 | Director, unsatisfactory. If the
Director determines the RBC | ||||||
| 23 | Plan is unsatisfactory,
the notification to the insurer shall | ||||||
| 24 | set forth the reasons for the
determination
and may set forth | ||||||
| 25 | proposed revisions that will render the RBC Plan satisfactory
| ||||||
| 26 | in the judgment of the Director. Upon notification from the | ||||||
| |||||||
| |||||||
| 1 | Director, the
insurer shall prepare a Revised RBC Plan, which | ||||||
| 2 | may incorporate by reference
any revisions proposed by the | ||||||
| 3 | Director. The insurer shall submit the Revised
RBC Plan to the | ||||||
| 4 | Director within 45 days after the Director notifies the insurer
| ||||||
| 5 | that the RBC Plan is unsatisfactory or within 45 days after the | ||||||
| 6 | Director
notifies the insurer that the Director has, after a | ||||||
| 7 | hearing, rejected its
challenge under Section 35A-35 to the | ||||||
| 8 | determination that the RBC Plan is
unsatisfactory.
| ||||||
| 9 | (e) In the event the Director notifies an insurer that its
| ||||||
| 10 | RBC Plan or Revised RBC Plan is unsatisfactory, the Director | ||||||
| 11 | may, at
the Director's discretion and subject to the insurer's | ||||||
| 12 | right to a hearing under
Section 35A-35, specify in the | ||||||
| 13 | notification that the notification constitutes a
regulatory | ||||||
| 14 | action level event.
| ||||||
| 15 | (f) Every domestic insurer that files an RBC Plan or | ||||||
| 16 | Revised RBC Plan with
the Director shall file a copy of the RBC | ||||||
| 17 | Plan or Revised RBC Plan with the
chief insurance regulatory | ||||||
| 18 | official in any state in which the insurer is
authorized to do | ||||||
| 19 | business if that state has a law substantially similar to the
| ||||||
| 20 | confidentiality provisions in subsection (a) of Section 35A-50 | ||||||
| 21 | and if that
official requests in writing a copy of the plan. | ||||||
| 22 | The insurer shall file a copy
of the
RBC Plan or Revised RBC | ||||||
| 23 | Plan in that state no later than the later of
15 days after | ||||||
| 24 | receiving the written request for the copy or
the date on which | ||||||
| 25 | the RBC Plan or Revised RBC Plan is filed under
subsection (c) | ||||||
| 26 | or (d) of this Section.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-157, eff. 8-2-13; 99-542, eff. 7-8-16; revised | ||||||
| 2 | 9-9-16.)
| ||||||
| 3 | (215 ILCS 5/35A-60)
| ||||||
| 4 | Sec. 35A-60. Phase-in of Article.
| ||||||
| 5 | (a) For RBC Reports filed
with
respect to
the December 31, | ||||||
| 6 | 1993 annual statement, instead of the provisions of Sections
| ||||||
| 7 | 35A-15, 35A-20, 35A-25, and 35A-30,
the following provisions | ||||||
| 8 | apply:
| ||||||
| 9 | (1) In the event of a company action level event, the | ||||||
| 10 | Director shall take
no
action under this Article.
| ||||||
| 11 | (2) In the event of a regulatory action level event | ||||||
| 12 | under paragraph (1),
(2), or (3) of subsection (a) of | ||||||
| 13 | Section 35A-20, the Director shall take the
actions | ||||||
| 14 | required under Section 35A-15.
| ||||||
| 15 | (3) In the event of a regulatory action level event | ||||||
| 16 | under paragraph (4),
(5), (6), (7), (8), or (9) of | ||||||
| 17 | subsection (a) of Section 35A-20 or an
authorized control | ||||||
| 18 | level event, the Director shall take the actions
required | ||||||
| 19 | under Section 35A-20.
| ||||||
| 20 | (4) In the event of a mandatory control level event, | ||||||
| 21 | the Director shall
take
the actions required under Section | ||||||
| 22 | 35A-25.
| ||||||
| 23 | (b) For RBC Reports required to be filed by property and | ||||||
| 24 | casualty
insurers with respect to the December 31, 1995 annual | ||||||
| 25 | statement, instead of the
provisions of Sections Section | ||||||
| |||||||
| |||||||
| 1 | 35A-15, 35A-20, 35A-25, and 35A-30,
the following provisions | ||||||
| 2 | apply:
| ||||||
| 3 | (1) In the event of a company action level event with | ||||||
| 4 | respect to a
domestic insurer, the Director shall take no | ||||||
| 5 | regulatory action under this
Article.
| ||||||
| 6 | (2) In the event of
a regulatory action level event | ||||||
| 7 | under paragraph
(1), (2), or (3) of subsection (a) of | ||||||
| 8 | Section 35A-20, the Director shall
take the actions | ||||||
| 9 | required under
Section 35A-15.
| ||||||
| 10 | (3) In the event of
a regulatory action level event | ||||||
| 11 | under paragraph
(4), (5), (6), (7), (8), or (9) of | ||||||
| 12 | subsection (a) of Section 35A-20 or
an authorized control | ||||||
| 13 | level event, the
Director shall take the actions required | ||||||
| 14 | under Section 35A-20.
| ||||||
| 15 | (4) In the event of a mandatory control level event,
| ||||||
| 16 | the Director shall take the actions required under Section | ||||||
| 17 | 35A-25.
| ||||||
| 18 | (c) For RBC Reports required to be filed by health | ||||||
| 19 | organizations with
respect to the December 31, 1999 annual | ||||||
| 20 | statement and the December 31, 2000
annual statement, instead | ||||||
| 21 | of the provisions of
Sections 35A-15, 35A-20, 35A-25, and | ||||||
| 22 | 35A-30, the following provisions apply:
| ||||||
| 23 | (1) In the event of a company action level event with | ||||||
| 24 | respect to a
domestic
insurer, the Director shall take no | ||||||
| 25 | regulatory action under this Article.
| ||||||
| 26 | (2) In the event of a regulatory action level event | ||||||
| |||||||
| |||||||
| 1 | under paragraph (1),
(2), or (3) of subsection (a) of | ||||||
| 2 | Section 35A-20, the Director shall take the
actions | ||||||
| 3 | required under Section 35A-15.
| ||||||
| 4 | (3) In the event of a regulatory action level event | ||||||
| 5 | under paragraph (4),
(5), (6), (7), (8), or (9) of | ||||||
| 6 | subsection (a) of Section 35A-20 or an authorized
control | ||||||
| 7 | level event, the Director shall take the actions required | ||||||
| 8 | under Section
35A-20.
| ||||||
| 9 | (4) In the event of a mandatory control level event, | ||||||
| 10 | the Director shall
take the actions required under Section | ||||||
| 11 | 35A-25.
| ||||||
| 12 | This subsection does not apply to a health organization | ||||||
| 13 | that provides or
arranges for a health care plan under which | ||||||
| 14 | enrollees may access health care
services from contracted | ||||||
| 15 | providers without a referral from their primary care
physician.
| ||||||
| 16 | Nothing in this subsection shall preclude or limit other | ||||||
| 17 | powers or duties of
the Director under any other laws.
| ||||||
| 18 | (d) For RBC Reports required to be filed by fraternal | ||||||
| 19 | benefit societies with respect to the December 31, 2013 annual
| ||||||
| 20 | statement and the December 31, 2014 annual statement, instead
| ||||||
| 21 | of the provisions of Sections 35A-15, 35A-20, 35A-25, and
| ||||||
| 22 | 35A-30, the following provisions apply: | ||||||
| 23 | (1) In the event of a company action level event with
| ||||||
| 24 | respect to a domestic insurer, the Director shall take no
| ||||||
| 25 | regulatory action under this Article. | ||||||
| 26 | (2) In the event of a regulatory action level event
| ||||||
| |||||||
| |||||||
| 1 | under paragraph (1), (2), or (3) of subsection (a) of
| ||||||
| 2 | Section 35A-20, the Director shall take the actions
| ||||||
| 3 | required under Section 35A-15. | ||||||
| 4 | (3) In the event of a regulatory action level event
| ||||||
| 5 | under paragraph (4), (5), (6), (7), (8), or (9) of
| ||||||
| 6 | subsection (a) of Section 35A-20 or an authorized control
| ||||||
| 7 | level event, the Director shall take the actions required
| ||||||
| 8 | under Section 35A-20. | ||||||
| 9 | (4) In the event of a mandatory control level event,
| ||||||
| 10 | the Director shall take the actions required under Section
| ||||||
| 11 | 35A-25. | ||||||
| 12 | Nothing in this subsection shall preclude or limit other | ||||||
| 13 | powers or duties of
the Director under any other laws. | ||||||
| 14 | (Source: P.A. 98-157, eff. 8-2-13; revised 9-2-16.)
| ||||||
| 15 | (215 ILCS 5/126.12)
| ||||||
| 16 | Sec. 126.12. Insurer investment pools.
| ||||||
| 17 | A. An insurer may acquire investments in investment pools | ||||||
| 18 | that:
| ||||||
| 19 | (1) Invest only in:
| ||||||
| 20 | (a) Obligations that are rated 1 or 2 by the SVO or | ||||||
| 21 | have an equivalent
of an SVO 1 or 2 rating (or, in the | ||||||
| 22 | absence of a 1 or 2 rating or
equivalent rating, the | ||||||
| 23 | issuer has outstanding obligations with an
SVO 1 or 2 | ||||||
| 24 | or equivalent rating) by a nationally recognized
| ||||||
| 25 | statistical rating organization recognized by the SVO | ||||||
| |||||||
| |||||||
| 1 | and have:
| ||||||
| 2 | (i) A remaining maturity of 397 days or less or | ||||||
| 3 | a put that
entitles the holder to receive the | ||||||
| 4 | principal amount of the
obligation which put may be | ||||||
| 5 | exercised through maturity at
specified intervals | ||||||
| 6 | not exceeding 397 days; or
| ||||||
| 7 | (ii) A remaining maturity of 3 years or less | ||||||
| 8 | and a
floating interest rate that resets no less | ||||||
| 9 | frequently than
quarterly on the basis of a current | ||||||
| 10 | short-term index (federal
funds, prime rate, | ||||||
| 11 | treasury bills, London InterBank Offered
Rate | ||||||
| 12 | (LIBOR) or commercial paper) and is subject to no
| ||||||
| 13 | maximum limit, if the obligations do not have an | ||||||
| 14 | interest
rate that varies inversely to market | ||||||
| 15 | interest rate changes;
| ||||||
| 16 | (b) Government money market mutual funds or class | ||||||
| 17 | one money
market mutual funds; or
| ||||||
| 18 | (c) Securities lending, repurchase, and reverse | ||||||
| 19 | repurchase transactions
that meet all the requirements | ||||||
| 20 | of Section 126.16, except the quantitative
limitations | ||||||
| 21 | of Section 126.16D; or
| ||||||
| 22 | (2) Invest only in investments which an insurer may | ||||||
| 23 | acquire under this
Article, if the insurer's proportionate | ||||||
| 24 | interest in the amount invested in
these investments when | ||||||
| 25 | combined with amount of such investments made
directly or | ||||||
| 26 | indirectly through an investment subsidiary or other | ||||||
| |||||||
| |||||||
| 1 | insurer
investment pool permitted under this subsection | ||||||
| 2 | A(2) does not exceed the
applicable limits of this Article | ||||||
| 3 | for such investments.
| ||||||
| 4 | B. For an investment in an investment pool to be qualified | ||||||
| 5 | under this
Article, the investment pool shall not:
| ||||||
| 6 | (1) Acquire securities issued, assumed, guaranteed or | ||||||
| 7 | insured by the
insurer or an affiliate of the insurer;
| ||||||
| 8 | (2) Borrow or incur any indebtedness for borrowed | ||||||
| 9 | money, except for
securities lending and reverse | ||||||
| 10 | repurchase transactions that meet the
requirements of | ||||||
| 11 | Section 126.16 except the quantitative limitations of | ||||||
| 12 | Section
126.16D; or
| ||||||
| 13 | (3) Acquire an investment if, as a result of such | ||||||
| 14 | transaction, the
aggregate value of securities then loaned | ||||||
| 15 | or sold to, purchased from or
invested in any one business | ||||||
| 16 | entity under this Section would exceed 10% of the
total | ||||||
| 17 | assets of the investment pool.
| ||||||
| 18 | C. The limitations of Section 126.10A shall not apply to an | ||||||
| 19 | insurer's
investment in an investment pool, however an insurer | ||||||
| 20 | shall not acquire an
investment in an investment pool under | ||||||
| 21 | this Section if, as a result of and
after giving effect to the | ||||||
| 22 | investment, the aggregate amount of investments then
held by | ||||||
| 23 | the insurer under this Section:
| ||||||
| 24 | (1) In all investment pools investing in investments | ||||||
| 25 | permitted under
subsection A(2) of this Section would | ||||||
| 26 | exceed 25% of its admitted assets; or
| ||||||
| |||||||
| |||||||
| 1 | (2) In all investment pools would exceed 35% of its | ||||||
| 2 | admitted assets.
| ||||||
| 3 | D. For an investment in an investment pool to be qualified | ||||||
| 4 | under this
Article, the manager of the investment pool shall:
| ||||||
| 5 | (1) Be organized under the laws of the United States or | ||||||
| 6 | a state and
designated as the pool manager in a pooling | ||||||
| 7 | agreement;
| ||||||
| 8 | (2) Be the insurer, an affiliated insurer or a business | ||||||
| 9 | entity affiliated
with the
insurer, a qualified bank, a | ||||||
| 10 | business entity registered under the Investment Advisers
| ||||||
| 11 | Advisors Act of 1940 (15 U.S.C. 80a-1 et seq.), as amended | ||||||
| 12 | or, in the
case of a reciprocal insurer or interinsurance | ||||||
| 13 | exchange, its attorney-in-fact,
or in the case of a United | ||||||
| 14 | States branch of an alien insurer, its United
States | ||||||
| 15 | manager or an affiliate or subsidiary of its United States | ||||||
| 16 | manager;
| ||||||
| 17 | (3) Be responsible for the compilation and maintenance | ||||||
| 18 | of detailed
accounting records setting forth:
| ||||||
| 19 | (a) The cash receipts and disbursements reflecting | ||||||
| 20 | each participant's
proportionate investment in the | ||||||
| 21 | investment pool;
| ||||||
| 22 | (b) A complete description of all underlying | ||||||
| 23 | assets of the investment
pool (including amount, | ||||||
| 24 | interest rate, maturity date (if any) and
other | ||||||
| 25 | appropriate designations); and
| ||||||
| 26 | (c) Other records which, on a daily basis, allow | ||||||
| |||||||
| |||||||
| 1 | third parties to verify
each participant's investment | ||||||
| 2 | in the investment pool; and
| ||||||
| 3 | (4) Maintain the assets of the investment pool in one | ||||||
| 4 | or more accounts, in
the name of or on behalf of the | ||||||
| 5 | investment pool, under a custody agreement
with a qualified | ||||||
| 6 | bank. The custody agreement shall:
| ||||||
| 7 | (a) State and recognize the claims and rights of | ||||||
| 8 | each participant;
| ||||||
| 9 | (b) Acknowledge that the underlying assets of the | ||||||
| 10 | investment pool are
held solely for the benefit of each | ||||||
| 11 | participant in proportion to the
aggregate amount of | ||||||
| 12 | its investments in the investment pool; and
| ||||||
| 13 | (c) Contain an agreement that the underlying | ||||||
| 14 | assets of the investment
pool shall not be commingled | ||||||
| 15 | with the general assets of the
custodian qualified bank | ||||||
| 16 | or any other person.
| ||||||
| 17 | E. The pooling agreement for each investment pool shall be | ||||||
| 18 | in writing and
shall provide that:
| ||||||
| 19 | (1) An insurer and its affiliated insurers or, in the | ||||||
| 20 | case of an
investment
pool investing solely in investments | ||||||
| 21 | permitted under subsection A(1) of this
Section, the | ||||||
| 22 | insurer and its subsidiaries, affiliates or any pension or | ||||||
| 23 | profit
sharing plan of the insurer, its subsidiaries and | ||||||
| 24 | affiliates or, in the case of
a United States branch of an | ||||||
| 25 | alien insurer, affiliates or subsidiaries of its
United | ||||||
| 26 | States manager, shall, at all times, hold 100% of the | ||||||
| |||||||
| |||||||
| 1 | interests in the
investment pool;
| ||||||
| 2 | (2) The underlying assets of the investment pool shall | ||||||
| 3 | not be commingled
with the general assets of the pool | ||||||
| 4 | manager or any other person;
| ||||||
| 5 | (3) In proportion to the aggregate amount of each pool | ||||||
| 6 | participant's
interest in the investment pool:
| ||||||
| 7 | (a) Each participant owns an undivided interest in | ||||||
| 8 | the underlying
assets of the investment pool; and
| ||||||
| 9 | (b) The underlying assets of the investment pool | ||||||
| 10 | are held solely for the
benefit of each participant;
| ||||||
| 11 | (4) A participant, or in the event of the participant's | ||||||
| 12 | insolvency,
bankruptcy or
receivership, its trustee, | ||||||
| 13 | receiver or other successor-in-interest, may
withdraw all | ||||||
| 14 | or any portion of its investment from the investment pool
| ||||||
| 15 | under the terms of the pooling agreement;
| ||||||
| 16 | (5) Withdrawals may be made on demand without penalty | ||||||
| 17 | or other assessment
on any business day, but settlement of | ||||||
| 18 | funds shall occur within a
reasonable and customary period | ||||||
| 19 | thereafter not to exceed 10 business
days. Distributions | ||||||
| 20 | under this paragraph shall be calculated in each case
net | ||||||
| 21 | of all then applicable fees and expenses of the investment | ||||||
| 22 | pool. The
pooling agreement shall provide that the pool | ||||||
| 23 | manager shall distribute to a
participant, at the | ||||||
| 24 | discretion of the pool manager:
| ||||||
| 25 | (a) In cash, the then fair market value of the | ||||||
| 26 | participant's pro rata
share
of each underlying asset | ||||||
| |||||||
| |||||||
| 1 | of the investment pool;
| ||||||
| 2 | (b) In kind, a pro rata share of each underlying | ||||||
| 3 | asset; or
| ||||||
| 4 | (c) In a combination of cash and in kind | ||||||
| 5 | distributions, a pro rata share
in each underlying | ||||||
| 6 | asset; and
| ||||||
| 7 | (6) The pool manager shall make the records of the | ||||||
| 8 | investment pool
available
for inspection by the Director.
| ||||||
| 9 | F. Except for
the
formation of the investment pool, | ||||||
| 10 | transactions and
between a domestic insurer and an affiliated | ||||||
| 11 | insurer
investment pool shall not be subject to the | ||||||
| 12 | requirements of Section
131.20a of this Code.
| ||||||
| 13 | (Source: P.A. 90-418, eff. 8-15-97; revised 9-2-16.)
| ||||||
| 14 | (215 ILCS 5/126.25)
| ||||||
| 15 | Sec. 126.25. Insurer investment pools.
| ||||||
| 16 | A. An insurer may acquire investments in investment pools | ||||||
| 17 | that:
| ||||||
| 18 | (1) Invest only in:
| ||||||
| 19 | (a) Obligations that are rated 1 or 2 by the SVO or | ||||||
| 20 | have an equivalent
of an SVO 1 or 2 rating (or, in the | ||||||
| 21 | absence of a 1 or 2 rating or
equivalent rating, the | ||||||
| 22 | issuer has outstanding obligations with an
SVO 1 or 2 | ||||||
| 23 | or equivalent rating) by a nationally recognized
| ||||||
| 24 | statistical rating organization recognized by the SVO | ||||||
| 25 | and have:
| ||||||
| |||||||
| |||||||
| 1 | (i) A remaining maturity of 397 days or less or | ||||||
| 2 | a put that
entitles the holder to receive the | ||||||
| 3 | principal amount of the
obligation which put may be | ||||||
| 4 | exercised through maturity at
specified intervals | ||||||
| 5 | not exceeding 397 days; or
| ||||||
| 6 | (ii) A remaining maturity of 3 years or less | ||||||
| 7 | and a
floating interest rate that resets no less | ||||||
| 8 | frequently than
quarterly on the basis of a current | ||||||
| 9 | short-term index (federal
funds, prime rate, | ||||||
| 10 | treasury bills, London InterBank Offered
Rate | ||||||
| 11 | (LIBOR) or commercial paper) and is subject to no
| ||||||
| 12 | maximum limit, if the obligations do not have an | ||||||
| 13 | interest
rate that varies inversely to market | ||||||
| 14 | interest rate changes;
| ||||||
| 15 | (b) Government money market mutual funds or class | ||||||
| 16 | one money
market mutual funds; or
| ||||||
| 17 | (c) Securities lending, repurchase, and reverse | ||||||
| 18 | repurchase, transactions
that meet all the | ||||||
| 19 | requirements of Section 126.29, except the | ||||||
| 20 | quantitative
limitations of Section 126.29D; or
| ||||||
| 21 | (2) Invest only in investments which an insurer may | ||||||
| 22 | acquire under this
Article, if the insurer's proportionate | ||||||
| 23 | interest in the amount invested in
these investments when | ||||||
| 24 | combined with amounts of such investments made
directly or | ||||||
| 25 | indirectly through an investment subsidiary or other | ||||||
| 26 | insurer
investment pool permitted under this subsection | ||||||
| |||||||
| |||||||
| 1 | A(2) does not exceed the
applicable limits of this Article | ||||||
| 2 | for such investments.
| ||||||
| 3 | B. For an investment in an investment pool to be qualified | ||||||
| 4 | under this
Article, the investment pool shall not:
| ||||||
| 5 | (1) Acquire securities issued, assumed, guaranteed, or | ||||||
| 6 | insured by the
insurer or an affiliate of the insurer;
| ||||||
| 7 | (2) Borrow or incur any indebtedness for borrowed | ||||||
| 8 | money, except for
securities lending and reverse | ||||||
| 9 | repurchase transactions that meet the
requirements of | ||||||
| 10 | Section 126.29 except the quantitative limitations of | ||||||
| 11 | Section
126.29D; or
| ||||||
| 12 | (3) Acquire an investment if, as a result of such | ||||||
| 13 | transaction, the
aggregate
value of securities then loaned | ||||||
| 14 | or sold to, purchased from or invested in
any one business | ||||||
| 15 | entity under this Section would exceed 10%
of the total | ||||||
| 16 | assets of the investment pool.
| ||||||
| 17 | C. The limitations of Section 126.23A shall not apply to an | ||||||
| 18 | insurer's
investment in an investment pool, however an insurer | ||||||
| 19 | shall not acquire an
investment in an investment pool under | ||||||
| 20 | this Section if, as a result of and
after giving effect to the | ||||||
| 21 | investment, the aggregate amount of investments then
held by | ||||||
| 22 | the insurer under this Section:
| ||||||
| 23 | (1) In all investment pools investing in investments | ||||||
| 24 | permitted under
subsection A(2) of this Section would | ||||||
| 25 | exceed 25% of
its admitted assets; or
| ||||||
| 26 | (2) In all investment pools would exceed 40% of its | ||||||
| |||||||
| |||||||
| 1 | admitted
assets.
| ||||||
| 2 | D. For an investment in an investment pool to be qualified | ||||||
| 3 | under this
Article, the manager of the investment pool shall:
| ||||||
| 4 | (1) Be organized under the laws of the United States or | ||||||
| 5 | a state and
designated as the pool manager in a pooling | ||||||
| 6 | agreement;
| ||||||
| 7 | (2) Be the insurer, an affiliated insurer or a business | ||||||
| 8 | entity affiliated
with the
insurer, a qualified bank, a | ||||||
| 9 | business entity registered under the Investment Advisers
| ||||||
| 10 | Advisors Act of 1940 (15 U.S.C. 80a-1 et seq.), as amended | ||||||
| 11 | or, in the
case of a reciprocal insurer or interinsurance | ||||||
| 12 | exchange, its attorney-in-fact,
or in the case of a United | ||||||
| 13 | States branch of an alien insurer, its United
States | ||||||
| 14 | manager or an affiliate or subsidiary of its United States | ||||||
| 15 | manager;
| ||||||
| 16 | (3) Be responsible for the compilation and maintenance | ||||||
| 17 | of detailed
accounting records setting forth:
| ||||||
| 18 | (a) The cash receipts and disbursements reflecting | ||||||
| 19 | each participant's
proportionate investment in the | ||||||
| 20 | investment pool;
| ||||||
| 21 | (b) A complete description of all underlying | ||||||
| 22 | assets of the investment
pool (including amount, | ||||||
| 23 | interest rate, maturity date (if any) and
other | ||||||
| 24 | appropriate designations); and
| ||||||
| 25 | (c) Other records which, on a daily basis, allow | ||||||
| 26 | third parties to verify
each participant's investment | ||||||
| |||||||
| |||||||
| 1 | in the investment pool; and
| ||||||
| 2 | (4) Maintain the assets of the investment pool in one | ||||||
| 3 | or more accounts, in
the name of or on behalf of the | ||||||
| 4 | investment pool, under a custody agreement with
a qualified | ||||||
| 5 | bank. The custody agreement shall:
| ||||||
| 6 | (a) State and recognize the claims and rights of | ||||||
| 7 | each participant;
| ||||||
| 8 | (b) Acknowledge that the underlying assets of the | ||||||
| 9 | investment pool are
held solely for the benefit of each | ||||||
| 10 | participant in proportion to the
aggregate amount of | ||||||
| 11 | its investments in the investment pool; and
| ||||||
| 12 | (c) Contain an agreement that the underlying | ||||||
| 13 | assets of the investment
pool shall not be commingled | ||||||
| 14 | with the general assets of the
custodian qualified bank | ||||||
| 15 | or any other person.
| ||||||
| 16 | E. The pooling agreement for each investment pool shall be | ||||||
| 17 | in writing and
shall provide that:
| ||||||
| 18 | (1) An insurer and its affiliated insurers or, in the | ||||||
| 19 | case of an
investment pool investing solely in investments | ||||||
| 20 | permitted under subsection A(1)
of this Section, the | ||||||
| 21 | insurer and its subsidiaries, affiliates or any pension or
| ||||||
| 22 | profit
sharing plan of the insurer, its subsidiaries and | ||||||
| 23 | affiliates or, in the case of
a United States branch of an | ||||||
| 24 | alien insurer, affiliates or subsidiaries of its
United | ||||||
| 25 | States manager, shall, at all times, hold 100% of the | ||||||
| 26 | interests in the
investment pool;
| ||||||
| |||||||
| |||||||
| 1 | (2) The underlying assets of the investment pool shall | ||||||
| 2 | not be commingled
with the general assets of the pool | ||||||
| 3 | manager or any other person;
| ||||||
| 4 | (3) In proportion to the aggregate amount of each pool | ||||||
| 5 | participant's
interest in
the investment pool:
| ||||||
| 6 | (a) Each participant owns an undivided interest in | ||||||
| 7 | the underlying
assets of the investment pool; and
| ||||||
| 8 | (b) The underlying assets of the investment pool | ||||||
| 9 | are held solely for the
benefit of each participant;
| ||||||
| 10 | (4) A participant, or in the event of the participant's | ||||||
| 11 | insolvency,
bankruptcy or
receivership, its trustee, | ||||||
| 12 | receiver or other successor-in-interest, may
withdraw all | ||||||
| 13 | or any portion of its investment from the investment pool
| ||||||
| 14 | under the terms of the pooling agreement;
| ||||||
| 15 | (5) Withdrawals may be made on demand without penalty | ||||||
| 16 | or other assessment
on any business day, but settlement of | ||||||
| 17 | funds shall occur within a
reasonable and customary period | ||||||
| 18 | thereafter not to exceed 10 business
days. Distributions | ||||||
| 19 | under this paragraph shall be calculated in each case
net | ||||||
| 20 | of all then applicable fees and expenses of the investment | ||||||
| 21 | pool. The
pooling agreement shall provide that the pool | ||||||
| 22 | manager shall distribute to a
participant, at the | ||||||
| 23 | discretion of the pool manager:
| ||||||
| 24 | (a) In cash, the then fair market value of the | ||||||
| 25 | participant's pro rata
share of each underlying asset | ||||||
| 26 | of the investment pool;
| ||||||
| |||||||
| |||||||
| 1 | (b) In kind, a pro rata share of each underlying | ||||||
| 2 | asset; or
| ||||||
| 3 | (c) In a combination of cash and in kind | ||||||
| 4 | distributions, a pro rata share
in each underlying | ||||||
| 5 | asset; and
| ||||||
| 6 | (6) The pool manager shall make the records of the | ||||||
| 7 | investment pool
available for inspection by the Director.
| ||||||
| 8 | F. Except for the formation of the investment pool, | ||||||
| 9 | transactions between a
domestic insurer and an affiliated | ||||||
| 10 | insurer
investment pool shall not be subject to the | ||||||
| 11 | requirements of Section
131.20a of this Code.
| ||||||
| 12 | (Source: P.A. 90-418, eff. 8-15-97; revised 9-2-16.)
| ||||||
| 13 | (215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
| ||||||
| 14 | Sec. 143.19. Cancellation of automobile insurance policy; | ||||||
| 15 | grounds Automobile Insurance Policy - Grounds. After a policy | ||||||
| 16 | of automobile insurance as defined in Section
143.13(a) has | ||||||
| 17 | been effective for 60 days, or if such policy is a renewal
| ||||||
| 18 | policy, the insurer shall not exercise its option to cancel | ||||||
| 19 | such policy
except for one or more of the following reasons:
| ||||||
| 20 | a. Nonpayment of premium;
| ||||||
| 21 | b. The policy was obtained through a material | ||||||
| 22 | misrepresentation;
| ||||||
| 23 | c. Any insured violated any of the terms and conditions | ||||||
| 24 | of the
policy;
| ||||||
| 25 | d. The named insured failed to disclose fully his motor | ||||||
| |||||||
| |||||||
| 1 | vehicle
accidents and moving traffic violations for the | ||||||
| 2 | preceding 36 months if
called for in the application;
| ||||||
| 3 | e. Any insured made a false or fraudulent claim or of | ||||||
| 4 | knowingly aided
or abetted another in the presentation of | ||||||
| 5 | such a claim;
| ||||||
| 6 | f. The named insured or any other operator who either | ||||||
| 7 | resides in the
same household or customarily operates an | ||||||
| 8 | automobile insured under such
policy:
| ||||||
| 9 | 1. has, within the 12 months prior to the notice of
| ||||||
| 10 | cancellation, had his driver's license under | ||||||
| 11 | suspension or revocation;
| ||||||
| 12 | 2. is or becomes subject to epilepsy or heart | ||||||
| 13 | attacks, and such
individual does not produce a | ||||||
| 14 | certificate from a physician testifying to
his | ||||||
| 15 | unqualified ability to operate a motor vehicle safely;
| ||||||
| 16 | 3. has an accident record, conviction record | ||||||
| 17 | (criminal or traffic),
physical, or mental condition | ||||||
| 18 | which is such that his operation of an
automobile might | ||||||
| 19 | endanger the public safety;
| ||||||
| 20 | 4. has, within the 36 months prior to the notice of | ||||||
| 21 | cancellation,
been addicted to the use of narcotics or | ||||||
| 22 | other drugs; or
| ||||||
| 23 | 5. has been convicted, or forfeited bail, during | ||||||
| 24 | the 36 months
immediately preceding the notice of | ||||||
| 25 | cancellation, for any felony,
criminal negligence | ||||||
| 26 | resulting in death, homicide or assault arising out
of | ||||||
| |||||||
| |||||||
| 1 | the operation of a motor vehicle, operating a motor | ||||||
| 2 | vehicle while in
an intoxicated condition or while | ||||||
| 3 | under the influence of drugs, being
intoxicated while | ||||||
| 4 | in, or about, an automobile or while having custody of
| ||||||
| 5 | an automobile, leaving the scene of an accident without | ||||||
| 6 | stopping to
report, theft or unlawful taking of a motor | ||||||
| 7 | vehicle, making false
statements in an application for | ||||||
| 8 | an operator's or chauffeur's license or
has been | ||||||
| 9 | convicted or forfeited bail for 3 or more violations | ||||||
| 10 | within the
12 months immediately preceding the notice | ||||||
| 11 | of cancellation, of any law,
ordinance, or regulation | ||||||
| 12 | limiting the speed of motor vehicles or any of
the | ||||||
| 13 | provisions of the motor vehicle laws of any state, | ||||||
| 14 | violation of
which constitutes a misdemeanor, whether | ||||||
| 15 | or not the violations were
repetitions of the same | ||||||
| 16 | offense or of different offenses;
| ||||||
| 17 | g. The insured automobile is:
| ||||||
| 18 | 1. so mechanically defective that its operation | ||||||
| 19 | might endanger
public safety;
| ||||||
| 20 | 2. used in carrying passengers for hire or | ||||||
| 21 | compensation (the use of
an automobile for a car pool | ||||||
| 22 | shall not be considered use of an automobile
for hire | ||||||
| 23 | or compensation);
| ||||||
| 24 | 3. used in the business of transportation of | ||||||
| 25 | flammables
or explosives;
| ||||||
| 26 | 4. an authorized emergency vehicle;
| ||||||
| |||||||
| |||||||
| 1 | 5. changed in shape or condition during the policy | ||||||
| 2 | period so as to
increase the risk substantially; or
| ||||||
| 3 | 6. subject to an inspection law and has not been | ||||||
| 4 | inspected or, if
inspected, has failed to qualify.
| ||||||
| 5 | Nothing in this Section shall apply to nonrenewal.
| ||||||
| 6 | (Source: P.A. 92-16, eff. 6-28-01; revised 9-19-16.)
| ||||||
| 7 | (215 ILCS 5/355a) (from Ch. 73, par. 967a)
| ||||||
| 8 | Sec. 355a. Standardization of terms and coverage.
| ||||||
| 9 | (1) The purposes purpose of this Section shall be (a) to | ||||||
| 10 | provide
reasonable standardization and simplification of terms | ||||||
| 11 | and coverages of
individual accident and health insurance | ||||||
| 12 | policies to facilitate public
understanding and comparisons; | ||||||
| 13 | (b) to eliminate provisions contained in
individual accident | ||||||
| 14 | and health insurance policies which may be
misleading or | ||||||
| 15 | unreasonably confusing in connection either with the
purchase | ||||||
| 16 | of such coverages or with the settlement of claims; and (c) to
| ||||||
| 17 | provide for reasonable disclosure in the sale of accident and | ||||||
| 18 | health
coverages.
| ||||||
| 19 | (2) Definitions applicable to this Section are as follows:
| ||||||
| 20 | (a) "Policy" means all or any part of the forms | ||||||
| 21 | constituting the
contract between the insurer and the | ||||||
| 22 | insured, including the policy,
certificate, subscriber | ||||||
| 23 | contract, riders, endorsements, and the
application if | ||||||
| 24 | attached, which are subject to filing with and approval
by | ||||||
| 25 | the Director.
| ||||||
| |||||||
| |||||||
| 1 | (b) "Service corporations" means
voluntary health and | ||||||
| 2 | dental
corporations organized and operating respectively | ||||||
| 3 | under
the Voluntary Health Services Plans Act and
the | ||||||
| 4 | Dental Service Plan Act.
| ||||||
| 5 | (c) "Accident and health insurance" means insurance | ||||||
| 6 | written under
Article XX of this the Insurance Code, other | ||||||
| 7 | than credit accident and health
insurance, and coverages | ||||||
| 8 | provided in subscriber contracts issued by
service | ||||||
| 9 | corporations. For purposes of this Section such service
| ||||||
| 10 | corporations shall be deemed to be insurers engaged in the | ||||||
| 11 | business of
insurance.
| ||||||
| 12 | (3) The Director shall issue such rules as he shall deem | ||||||
| 13 | necessary
or desirable to establish specific standards, | ||||||
| 14 | including standards of
full and fair disclosure that set forth | ||||||
| 15 | the form and content and
required disclosure for sale, of | ||||||
| 16 | individual policies of accident and
health insurance, which | ||||||
| 17 | rules and regulations shall be in addition to
and in accordance | ||||||
| 18 | with the applicable laws of this State, and which may
cover but | ||||||
| 19 | shall not be limited to: (a) terms of renewability; (b)
initial | ||||||
| 20 | and subsequent conditions of eligibility; (c) non-duplication | ||||||
| 21 | of
coverage provisions; (d) coverage of dependents; (e) | ||||||
| 22 | pre-existing
conditions; (f) termination of insurance; (g) | ||||||
| 23 | probationary periods; (h)
limitation, exceptions, and | ||||||
| 24 | reductions; (i) elimination periods; (j)
requirements | ||||||
| 25 | regarding replacements; (k) recurrent conditions; and (l)
the | ||||||
| 26 | definition of terms, including, but not limited to, the | ||||||
| |||||||
| |||||||
| 1 | following:
hospital, accident, sickness, injury, physician, | ||||||
| 2 | accidental means, total
disability, partial disability, | ||||||
| 3 | nervous disorder, guaranteed renewable,
and non-cancellable.
| ||||||
| 4 | The Director may issue rules that specify prohibited policy
| ||||||
| 5 | provisions not otherwise specifically authorized by statute | ||||||
| 6 | which in the
opinion of the Director are unjust, unfair or | ||||||
| 7 | unfairly discriminatory to
the policyholder, any person | ||||||
| 8 | insured under the policy, or beneficiary.
| ||||||
| 9 | (4) The Director shall issue such rules as he shall deem | ||||||
| 10 | necessary
or desirable to establish minimum standards for | ||||||
| 11 | benefits under each
category of coverage in individual accident | ||||||
| 12 | and health policies, other
than conversion policies issued | ||||||
| 13 | pursuant to a contractual conversion
privilege under a group | ||||||
| 14 | policy, including but not limited to the
following categories: | ||||||
| 15 | (a) basic hospital expense coverage; (b) basic
| ||||||
| 16 | medical-surgical expense coverage; (c) hospital confinement | ||||||
| 17 | indemnity
coverage; (d) major medical expense coverage; (e) | ||||||
| 18 | disability income
protection coverage; (f) accident only | ||||||
| 19 | coverage; and (g) specified
disease or specified accident | ||||||
| 20 | coverage.
| ||||||
| 21 | Nothing in this subsection (4) shall preclude the issuance | ||||||
| 22 | of any
policy which combines two or more of the categories of | ||||||
| 23 | coverage
enumerated in subparagraphs (a) through (f) of this | ||||||
| 24 | subsection.
| ||||||
| 25 | No policy shall be delivered or issued for delivery in this | ||||||
| 26 | State
which does not meet the prescribed minimum standards for | ||||||
| |||||||
| |||||||
| 1 | the categories
of coverage listed in this subsection unless the | ||||||
| 2 | Director finds that
such policy is necessary to meet specific | ||||||
| 3 | needs of individuals or groups
and such individuals or groups | ||||||
| 4 | will be adequately informed that such
policy does not meet the | ||||||
| 5 | prescribed minimum standards, and such policy
meets the | ||||||
| 6 | requirement that the benefits provided therein are reasonable
| ||||||
| 7 | in relation to the premium charged. The standards and criteria | ||||||
| 8 | to be
used by the Director in approving such policies shall be | ||||||
| 9 | included in the
rules required under this Section with as much | ||||||
| 10 | specificity as
practicable.
| ||||||
| 11 | The Director shall prescribe by rule the method of | ||||||
| 12 | identification of
policies based upon coverages provided.
| ||||||
| 13 | (5) (a) In order to provide for full and fair disclosure in | ||||||
| 14 | the
sale of individual accident and health insurance policies, | ||||||
| 15 | no such
policy shall be delivered or issued for delivery in | ||||||
| 16 | this State unless
the outline of coverage described in | ||||||
| 17 | paragraph (b) of this subsection
either accompanies the policy, | ||||||
| 18 | or is delivered to the applicant at the
time the application is | ||||||
| 19 | made, and an acknowledgment signed by the
insured, of receipt | ||||||
| 20 | of delivery of such outline, is provided to the
insurer. In the | ||||||
| 21 | event the policy is issued on a basis other than that
applied | ||||||
| 22 | for, the outline of coverage properly describing the policy | ||||||
| 23 | must
accompany the policy when it is delivered and such outline | ||||||
| 24 | shall clearly
state that the policy differs, and to what | ||||||
| 25 | extent, from that for which
application was originally made. | ||||||
| 26 | All policies, except single premium
nonrenewal policies, shall | ||||||
| |||||||
| |||||||
| 1 | have a notice prominently printed on the
first page of the | ||||||
| 2 | policy or attached thereto stating in substance, that
the | ||||||
| 3 | policyholder shall have the right to return the policy within | ||||||
| 4 | 10 days of its delivery and to have the premium refunded if | ||||||
| 5 | after
examination of the policy the policyholder is not | ||||||
| 6 | satisfied for any
reason.
| ||||||
| 7 | (b) The Director shall issue such rules as he shall deem | ||||||
| 8 | necessary
or desirable to prescribe the format and content of | ||||||
| 9 | the outline of
coverage required by paragraph (a) of this | ||||||
| 10 | subsection. "Format" means
style, arrangement, and overall | ||||||
| 11 | appearance, including such items as the
size, color, and | ||||||
| 12 | prominence of type and the arrangement of text and
captions. | ||||||
| 13 | "Content" shall include without limitation thereto,
statements | ||||||
| 14 | relating to the particular policy as to the applicable
category | ||||||
| 15 | of coverage prescribed under subsection (4) 4; principal | ||||||
| 16 | benefits;
exceptions, reductions and limitations; and renewal | ||||||
| 17 | provisions,
including any reservation by the insurer of a right | ||||||
| 18 | to change premiums.
Such outline of coverage shall clearly | ||||||
| 19 | state that it constitutes a
summary of the policy issued or | ||||||
| 20 | applied for and that the policy should
be consulted to | ||||||
| 21 | determine governing contractual provisions.
| ||||||
| 22 | (c) Without limiting the generality of paragraph (b) of | ||||||
| 23 | this subsection (5), no qualified health plans shall be offered | ||||||
| 24 | for sale directly to consumers through the health insurance | ||||||
| 25 | marketplace operating in the State in accordance with Sections | ||||||
| 26 | 1311 and
1321 of the federal Patient Protection and Affordable | ||||||
| |||||||
| |||||||
| 1 | Care Act of 2010 (Public Law 111-148), as amended by the | ||||||
| 2 | federal Health Care and Education Reconciliation Act of 2010 | ||||||
| 3 | (Public Law 111-152), and any amendments thereto, or | ||||||
| 4 | regulations or guidance issued thereunder (collectively, "the | ||||||
| 5 | Federal Act"), unless the following information is made | ||||||
| 6 | available to the consumer at the time he or she is comparing | ||||||
| 7 | policies and their premiums: | ||||||
| 8 | (i) With respect to prescription drug benefits, the | ||||||
| 9 | most recently published formulary where a consumer can view | ||||||
| 10 | in one location covered prescription drugs; information on | ||||||
| 11 | tiering and the cost-sharing structure for each tier; and | ||||||
| 12 | information about how a consumer can obtain specific | ||||||
| 13 | copayment amounts or coinsurance percentages for a | ||||||
| 14 | specific qualified health plan before enrolling in that | ||||||
| 15 | plan. This information shall clearly identify the | ||||||
| 16 | qualified health plan to which it applies. | ||||||
| 17 | (ii) The most recently published provider directory | ||||||
| 18 | where a consumer can view the provider network that applies | ||||||
| 19 | to each qualified health plan and information about each | ||||||
| 20 | provider, including location, contact information, | ||||||
| 21 | specialty, medical group, if any, any institutional | ||||||
| 22 | affiliation, and whether the provider is accepting new | ||||||
| 23 | patients at each of the specific locations listing the | ||||||
| 24 | provider. Dental providers shall notify qualified health | ||||||
| 25 | plans electronically or in writing of any changes to their | ||||||
| 26 | information as listed in the provider directory. Qualified | ||||||
| |||||||
| |||||||
| 1 | health plans shall update their directories in a manner | ||||||
| 2 | consistent with the information provided by the provider or | ||||||
| 3 | dental management service organization within 10 business | ||||||
| 4 | days after being notified of the change by the provider. | ||||||
| 5 | Nothing in this paragraph (ii) shall void any contractual | ||||||
| 6 | relationship between the provider and the plan. The | ||||||
| 7 | information shall clearly identify the qualified health | ||||||
| 8 | plan to which it applies. | ||||||
| 9 | (d) Each company that offers qualified health plans for | ||||||
| 10 | sale directly to consumers through the health insurance | ||||||
| 11 | marketplace operating in the State shall make the information | ||||||
| 12 | in paragraph (c) of this subsection (5), for each qualified | ||||||
| 13 | health plan that it offers, available and accessible to the | ||||||
| 14 | general public on the company's Internet website and through | ||||||
| 15 | other means for individuals without access to the Internet. | ||||||
| 16 | (e) The Department shall ensure that State-operated | ||||||
| 17 | Internet websites, in addition to the Internet website for the | ||||||
| 18 | health insurance marketplace established in this State in | ||||||
| 19 | accordance with the Federal Act, prominently provide links to | ||||||
| 20 | Internet-based materials and tools to help consumers be | ||||||
| 21 | informed purchasers of health insurance. | ||||||
| 22 | (f) Nothing in this Section shall be interpreted or | ||||||
| 23 | implemented in a manner not consistent with the Federal Act. | ||||||
| 24 | This Section shall apply to all qualified health plans offered | ||||||
| 25 | for sale directly to consumers through the health insurance | ||||||
| 26 | marketplace operating in this State for any coverage year | ||||||
| |||||||
| |||||||
| 1 | beginning on or after January 1, 2015. | ||||||
| 2 | (6) Prior to the issuance of rules pursuant to this | ||||||
| 3 | Section, the
Director shall afford the public, including the | ||||||
| 4 | companies affected
thereby, reasonable opportunity for | ||||||
| 5 | comment. Such rulemaking is subject
to the provisions of the | ||||||
| 6 | Illinois Administrative Procedure Act.
| ||||||
| 7 | (7) When a rule has been adopted, pursuant to this Section, | ||||||
| 8 | all
policies of insurance or subscriber contracts which are not | ||||||
| 9 | in
compliance with such rule shall, when so provided in such | ||||||
| 10 | rule, be
deemed to be disapproved as of a date specified in | ||||||
| 11 | such rule not less
than 120 days following its effective date, | ||||||
| 12 | without any further or
additional notice other than the | ||||||
| 13 | adoption of the rule.
| ||||||
| 14 | (8) When a rule adopted pursuant to this Section so | ||||||
| 15 | provides, a
policy of insurance or subscriber contract which | ||||||
| 16 | does not comply with
the rule shall, not less than 120 days | ||||||
| 17 | from the effective date of such
rule, be construed, and the | ||||||
| 18 | insurer or service corporation shall be
liable, as if the | ||||||
| 19 | policy or contract did comply with the rule.
| ||||||
| 20 | (9) Violation of any rule adopted pursuant to this Section | ||||||
| 21 | shall be
a violation of the insurance law for purposes of | ||||||
| 22 | Sections 370 and 446 of this
the Insurance Code.
| ||||||
| 23 | (Source: P.A. 98-1035, eff. 8-25-14; 99-329, eff. 1-1-16; | ||||||
| 24 | revised 9-9-16.)
| ||||||
| 25 | (215 ILCS 5/1303) (from Ch. 73, par. 1065.1003)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 1303. Definitions. The following definitions shall | ||||||
| 2 | apply to
this Article:
| ||||||
| 3 | "Consolidation" means any transaction in which a financial | ||||||
| 4 | institution
makes its premium collection services available to | ||||||
| 5 | its mortgage debtors in
connection with a particular insurer's | ||||||
| 6 | ("new insurer") offer of mortgage
insurance, which offer is | ||||||
| 7 | made to debtors who, immediately prior to the
offer, had | ||||||
| 8 | mortgage insurance with another insurer ("old insurer") and | ||||||
| 9 | were
paying premiums for that insurance with their monthly | ||||||
| 10 | mortgage payments.
| ||||||
| 11 | "Financial institution" or "servicer" means any entity or | ||||||
| 12 | organization
that services mortgage loans by collecting and | ||||||
| 13 | accounting for monthly mortgage
insurance premiums as part of | ||||||
| 14 | the debtor's monthly mortgage payment for one
or more insurers.
| ||||||
| 15 | "Insured" means the individual loan customer or | ||||||
| 16 | certificate holder.
| ||||||
| 17 | "Loan transfer" means a transaction in which the servicing | ||||||
| 18 | of a block of
mortgage loans is transferred from one servicer | ||||||
| 19 | to another servicer.
This shall include, but not be limited, | ||||||
| 20 | to, mergers or acquisitions.
| ||||||
| 21 | "Loan transfer consolidation" means a consolidation in | ||||||
| 22 | which coverage is
limited to insureds whose mortgage loans have | ||||||
| 23 | been sold or transferred in
the secondary market from one | ||||||
| 24 | servicer to another.
| ||||||
| 25 | "Group-to-group consolidation" means a consolidation in | ||||||
| 26 | which coverages
under both the old plan and the new plan is | ||||||
| |||||||
| |||||||
| 1 | provided under group policies.
| ||||||
| 2 | "Mortgage insurance" means mortgage life insurance (term | ||||||
| 3 | or ordinary),
mortgage disability insurance, mortgage | ||||||
| 4 | accidental death insurance, or any
combination thereof, | ||||||
| 5 | including both individual and group policies, and
any | ||||||
| 6 | certificates issued thereunder, on credit transactions of more | ||||||
| 7 | than 10
years duration and written in connection with a credit | ||||||
| 8 | transaction that is
secured by a first mortgage or deed of | ||||||
| 9 | trust and made to finance the
purchase of real property or the | ||||||
| 10 | construction of a dwelling thereon or to
refinance a prior | ||||||
| 11 | credit transaction made for such a purpose.
| ||||||
| 12 | "New coverage" or "new plan" means the mortgage insurance | ||||||
| 13 | coverage or
plan for which a financial institution collects | ||||||
| 14 | premium beginning on the
effective date of a consolidation.
| ||||||
| 15 | "New insurer" means any insurer who offers mortgage | ||||||
| 16 | insurance coverage to
borrowers of the financial institution | ||||||
| 17 | who can no longer remit monthly
premiums for the old insurer | ||||||
| 18 | along with their monthly mortgage payment.
| ||||||
| 19 | "Old coverage" or "old plan" means the mortgage insurance | ||||||
| 20 | coverage or
plan for which a financial institution collects | ||||||
| 21 | premiums immediately prior
to a consolidation.
| ||||||
| 22 | "Old insurer" means any insurer for whom a financial | ||||||
| 23 | institution will no
longer make its premium collection | ||||||
| 24 | facilities available for all or some
of the insurer's | ||||||
| 25 | policyholders or certificate holders.
| ||||||
| 26 | (Source: P.A. 86-378; revised 10-25-16.)
| ||||||
| |||||||
| |||||||
| 1 | Section 420. The Reinsurance Intermediary Act is amended by | ||||||
| 2 | changing Section 10 as follows:
| ||||||
| 3 | (215 ILCS 100/10) (from Ch. 73, par. 1610)
| ||||||
| 4 | Sec. 10. Licensure.
| ||||||
| 5 | (a) No person, firm, association, or corporation that | ||||||
| 6 | maintains an office,
officer, director, agent, or employee, | ||||||
| 7 | directly or indirectly, in this State
shall act as an | ||||||
| 8 | intermediary broker unless licensed as an insurance producer
in | ||||||
| 9 | this State. No person, firm, association, or corporation that | ||||||
| 10 | does not
maintain an office, officer, director, agent, or | ||||||
| 11 | employee in this State
shall act as an intermediary broker in | ||||||
| 12 | this State unless licensed as an
insurance producer in this | ||||||
| 13 | State, unless licensed as an insurance producer
in another | ||||||
| 14 | state that has a law substantially similar to this law, or | ||||||
| 15 | unless
licensed in this State as a nonresident reinsurance | ||||||
| 16 | intermediary.
| ||||||
| 17 | (b) No person, firm, association, or corporation shall act | ||||||
| 18 | as an
intermediary
manager, except in compliance with this | ||||||
| 19 | subsection, as follows:
| ||||||
| 20 | (1) For a reinsurer domiciled in this State, unless the | ||||||
| 21 | intermediary
manager is a licensed producer in this State.
| ||||||
| 22 | (2) In this State, if the intermediary manager | ||||||
| 23 | maintains an office,
either directly or as a member or | ||||||
| 24 | employee of a firm or association, or an
officer, director, | ||||||
| |||||||
| |||||||
| 1 | or employee of a corporation, in this State, unless the
| ||||||
| 2 | intermediary manager is a licensed producer in this State.
| ||||||
| 3 | (3) In another state for a nondomestic insurer, unless | ||||||
| 4 | the
intermediary manager is a licensed producer in this | ||||||
| 5 | State or another state
having a law substantially similar | ||||||
| 6 | to this law or the person is licensed in
this State as a | ||||||
| 7 | nonresident reinsurance intermediary.
| ||||||
| 8 | (c) The Director may require an intermediary manager | ||||||
| 9 | subject to subsection (b) to:
| ||||||
| 10 | (1) file a bond in an amount and from an insurer | ||||||
| 11 | acceptable to the
Director for the protection of the | ||||||
| 12 | reinsurer; and
| ||||||
| 13 | (2) maintain an errors and omissions policy in an | ||||||
| 14 | amount acceptable to the Director.
| ||||||
| 15 | (d) The Director may issue a reinsurance intermediary | ||||||
| 16 | license to any
person, firm, association, or corporation that | ||||||
| 17 | has complied compiled with the
requirements of this Act. Any | ||||||
| 18 | license issued to a firm or association will
authorize all the | ||||||
| 19 | members of the firm or association and any designated
employees | ||||||
| 20 | to act as reinsurance intermediaries under the license. All of
| ||||||
| 21 | those persons shall be named in the application and any | ||||||
| 22 | supplements
thereto. Any license issued to a corporation shall | ||||||
| 23 | authorize all of the
officers and any designated employees and | ||||||
| 24 | directors thereof to act as
reinsurance intermediaries on | ||||||
| 25 | behalf of the corporation, and all of those
persons shall be | ||||||
| 26 | named in the application and any supplements thereto.
| ||||||
| |||||||
| |||||||
| 1 | If the applicant for a reinsurance intermediary license is | ||||||
| 2 | a nonresident,
the applicant, as a condition precedent to | ||||||
| 3 | receiving or holding a license,
shall designate the Director as | ||||||
| 4 | agent for service of process in the manner,
and with the same | ||||||
| 5 | legal effect, provided in the Illinois Insurance Code for | ||||||
| 6 | designation of
service of process upon unauthorized insurers. | ||||||
| 7 | The applicant shall also
furnish the Director with the name and | ||||||
| 8 | address of a resident of this State
upon whom notices or orders | ||||||
| 9 | of the Director or process affecting the
nonresident | ||||||
| 10 | reinsurance intermediary may be served. The licensee shall
| ||||||
| 11 | promptly notify the Director in writing of every change in its | ||||||
| 12 | designated
agent for service of process. The change shall not | ||||||
| 13 | become effective until
acknowledged by the Director.
| ||||||
| 14 | (e) The Director may refuse to issue a reinsurance | ||||||
| 15 | intermediary license
if, in his judgment, the applicant, any | ||||||
| 16 | one named on the application or any
member, principal, officer, | ||||||
| 17 | or director of the applicant is not
trustworthy; or that any | ||||||
| 18 | controlling person of the applicant is not
trustworthy to act | ||||||
| 19 | as a reinsurance intermediary; or any of the foregoing
has | ||||||
| 20 | given cause for revocation or suspension of that kind of | ||||||
| 21 | license or
has failed to comply with any prerequisite for the | ||||||
| 22 | issuance of the license.
Upon written request therefor, the | ||||||
| 23 | Director will furnish a summary of the
basis for refusal to | ||||||
| 24 | issue a license, which document shall be privileged
and not | ||||||
| 25 | subject to the Freedom of Information Act.
| ||||||
| 26 | (f) Licensed attorneys at law of this State, when acting in | ||||||
| |||||||
| |||||||
| 1 | their
professional capacity as an attorney, shall be exempt | ||||||
| 2 | from this Section.
| ||||||
| 3 | (g) All licenses issued under this Act shall terminate 24 | ||||||
| 4 | months following
the date of issuance and may be renewed by | ||||||
| 5 | providing to the Director
satisfactory evidence that the | ||||||
| 6 | reinsurance intermediary continues to meet the
requirements of | ||||||
| 7 | this Section and upon payment of the fees specified in Section
| ||||||
| 8 | 408 of the Illinois Insurance Code.
| ||||||
| 9 | (Source: P.A. 89-97, eff. 7-7-95; revised 9-1-16.)
| ||||||
| 10 | Section 425. The Comprehensive Health Insurance Plan Act is | ||||||
| 11 | amended by changing Sections 4, 5, and 15 as follows:
| ||||||
| 12 | (215 ILCS 105/4) (from Ch. 73, par. 1304)
| ||||||
| 13 | Sec. 4. Powers and authority of the board. The board shall | ||||||
| 14 | have the
general powers and authority granted under the laws of | ||||||
| 15 | this State to
insurance companies licensed to transact health | ||||||
| 16 | and accident insurance and
in addition thereto, the specific | ||||||
| 17 | authority to:
| ||||||
| 18 | a. Enter into contracts as are necessary or proper to | ||||||
| 19 | carry out the
provisions and purposes of this Act, | ||||||
| 20 | including the authority, with the
approval of the Director, | ||||||
| 21 | to enter into contracts with similar plans of
other states | ||||||
| 22 | for the joint performance of common administrative | ||||||
| 23 | functions,
or with persons or other organizations for the | ||||||
| 24 | performance of
administrative functions including, without | ||||||
| |||||||
| |||||||
| 1 | limitation, utilization review
and quality assurance | ||||||
| 2 | programs, or with health maintenance organizations or
| ||||||
| 3 | preferred provider organizations for the provision of | ||||||
| 4 | health care services.
| ||||||
| 5 | b. Sue or be sued, including taking any legal actions | ||||||
| 6 | necessary or
proper.
| ||||||
| 7 | c. Take such legal action as necessary to:
| ||||||
| 8 | (1) avoid the payment of improper
claims against | ||||||
| 9 | the plan or the coverage provided by or through the | ||||||
| 10 | plan;
| ||||||
| 11 | (2) to recover any amounts erroneously or | ||||||
| 12 | improperly paid by the plan;
| ||||||
| 13 | (3) to recover any amounts paid by the plan as a | ||||||
| 14 | result of a mistake of
fact or law; or
| ||||||
| 15 | (4) to recover or collect any other amounts, | ||||||
| 16 | including assessments, that
are due or owed the Plan or | ||||||
| 17 | have been billed on its or the Plan's behalf.
| ||||||
| 18 | d. Establish appropriate rates, rate schedules, rate | ||||||
| 19 | adjustments,
expense allowances, agents' referral fees, | ||||||
| 20 | claim reserves, and formulas and
any other actuarial | ||||||
| 21 | function appropriate to the operation of the plan.
Rates | ||||||
| 22 | and rate schedules may be adjusted for appropriate risk | ||||||
| 23 | factors
such as age and area variation in claim costs and | ||||||
| 24 | shall take into
consideration appropriate risk factors in | ||||||
| 25 | accordance with established
actuarial and underwriting | ||||||
| 26 | practices.
| ||||||
| |||||||
| |||||||
| 1 | e. Issue policies of insurance in accordance with the | ||||||
| 2 | requirements of
this Act.
| ||||||
| 3 | f. Appoint appropriate legal, actuarial and other | ||||||
| 4 | committees as
necessary to provide technical assistance in | ||||||
| 5 | the operation of the plan,
policy and other contract | ||||||
| 6 | design, and any other function within
the authority of the | ||||||
| 7 | plan.
| ||||||
| 8 | g. Borrow money to effect the purposes of the Illinois | ||||||
| 9 | Comprehensive
Health Insurance Plan. Any notes or other | ||||||
| 10 | evidence of indebtedness of the
plan not in default shall | ||||||
| 11 | be legal investments for insurers and may be
carried as | ||||||
| 12 | admitted assets.
| ||||||
| 13 | h. Establish rules, conditions and procedures for | ||||||
| 14 | reinsuring risks
under this Act.
| ||||||
| 15 | i. Employ and fix the compensation of employees. Such | ||||||
| 16 | employees
may be
paid on a warrant issued by the State | ||||||
| 17 | Treasurer pursuant to a payroll
voucher certified by the | ||||||
| 18 | Board and drawn by the Comptroller against
appropriations | ||||||
| 19 | or trust funds held by the State Treasurer.
| ||||||
| 20 | j. Enter into intergovernmental cooperation agreements | ||||||
| 21 | with other agencies
or entities of State government for the | ||||||
| 22 | purpose of sharing the cost of
providing health care | ||||||
| 23 | services that are otherwise authorized by this Act for
| ||||||
| 24 | children who are both plan participants and eligible for | ||||||
| 25 | financial assistance
from the Division of Specialized Care | ||||||
| 26 | for Children of the University of
Illinois.
| ||||||
| |||||||
| |||||||
| 1 | k. Establish conditions and procedures under which the | ||||||
| 2 | plan may, if funds
permit, discount or subsidize premium | ||||||
| 3 | rates that are paid directly by senior
citizens, as defined | ||||||
| 4 | by the Board, and other
plan participants, who are retired | ||||||
| 5 | or unemployed and meet other
qualifications.
| ||||||
| 6 | l. Establish and maintain the Plan Fund authorized in
| ||||||
| 7 | Section 3 of this Act, which shall be divided into separate | ||||||
| 8 | accounts, as
follows:
| ||||||
| 9 | (1) accounts to fund the administrative, claim, | ||||||
| 10 | and other expenses of the
Plan associated with eligible | ||||||
| 11 | persons who qualify for Plan coverage under
Section 7 | ||||||
| 12 | of this Act, which shall consist of:
| ||||||
| 13 | (A) premiums paid on behalf of covered | ||||||
| 14 | persons;
| ||||||
| 15 | (B) appropriated funds and other revenues | ||||||
| 16 | collected or received by the
Board;
| ||||||
| 17 | (C) reserves for future losses maintained by | ||||||
| 18 | the Board; and
| ||||||
| 19 | (D) interest earnings from investment of the | ||||||
| 20 | funds in the Plan
Fund or any of its accounts other | ||||||
| 21 | than the funds in the account established
under | ||||||
| 22 | item (2) 2 of this subsection;
| ||||||
| 23 | (2) an account, to be denominated the federally | ||||||
| 24 | eligible individuals
account, to fund the | ||||||
| 25 | administrative, claim, and other expenses of the Plan
| ||||||
| 26 | associated with federally eligible individuals who | ||||||
| |||||||
| |||||||
| 1 | qualify for Plan coverage
under Section 15 of this Act, | ||||||
| 2 | which shall consist of:
| ||||||
| 3 | (A) premiums paid on behalf of covered | ||||||
| 4 | persons;
| ||||||
| 5 | (B) assessments and other revenues collected | ||||||
| 6 | or received by the Board;
| ||||||
| 7 | (C) reserves for future losses maintained by | ||||||
| 8 | the Board; and
| ||||||
| 9 | (D) interest earnings from investment of the | ||||||
| 10 | federally eligible
individuals account funds; and
| ||||||
| 11 | (E) grants provided pursuant to the federal | ||||||
| 12 | Trade Act of
2002; and
| ||||||
| 13 | (3) such other accounts as may be appropriate.
| ||||||
| 14 | m. Charge and collect assessments paid by insurers | ||||||
| 15 | pursuant to
Section 12 of this Act and recover any | ||||||
| 16 | assessments for, on behalf of, or
against those insurers.
| ||||||
| 17 | (Source: P.A. 93-33, eff. 6-23-03; 93-34, eff. 6-23-03; revised | ||||||
| 18 | 9-1-16.)
| ||||||
| 19 | (215 ILCS 105/5) (from Ch. 73, par. 1305)
| ||||||
| 20 | Sec. 5. Plan administrator.
| ||||||
| 21 | a. The Board shall select a Plan administrator through a | ||||||
| 22 | competitive bidding
process to administer the Plan. The Board | ||||||
| 23 | shall evaluate bids submitted under
this Section based on | ||||||
| 24 | criteria established by the Board which shall include:
| ||||||
| 25 | (1) The Plan administrator's proven ability to handle | ||||||
| |||||||
| |||||||
| 1 | other large group
accident and health benefit plans.
| ||||||
| 2 | (2) The efficiency and timeliness of the Plan | ||||||
| 3 | administrator's claim
processing procedures.
| ||||||
| 4 | (3) An estimate of total net cost for administering the | ||||||
| 5 | Plan, including
any discounts or income the Plan could | ||||||
| 6 | expect to receive or benefit from.
| ||||||
| 7 | (4) The Plan administrator's ability to apply | ||||||
| 8 | effective cost containment
programs and procedures and to | ||||||
| 9 | administer the Plan in a cost-efficient manner.
| ||||||
| 10 | (5) The financial condition and stability of the Plan | ||||||
| 11 | administrator.
| ||||||
| 12 | b. The Plan administrator shall serve for a period of 5 | ||||||
| 13 | years subject to
removal for cause and subject to the terms, | ||||||
| 14 | conditions and limitations of the
contract between the Board | ||||||
| 15 | and the Plan administrator. At least one year
prior to the | ||||||
| 16 | expiration of each 5-year 5 year period of service by the | ||||||
| 17 | current Plan
administrator, the Board shall begin to advertise | ||||||
| 18 | for bids to serve as the
Plan administrator for the succeeding | ||||||
| 19 | 5-year 5 year period. Selection of the Plan
administrator for | ||||||
| 20 | the succeeding period shall be made at least 6 months prior
to | ||||||
| 21 | the end of the current 5-year 5 year period. Notwithstanding | ||||||
| 22 | any other provision of this subsection, the Board at its option | ||||||
| 23 | may extend the term of a Plan administrator contract for a | ||||||
| 24 | period not to exceed 3 years.
| ||||||
| 25 | c. The Plan administrator shall perform such functions | ||||||
| 26 | relating to the Plan
as may be assigned to it including:
| ||||||
| |||||||
| |||||||
| 1 | (1) establishment of a premium billing procedure for | ||||||
| 2 | collection of
premiums from Plan participants. Billings | ||||||
| 3 | shall be made on a periodic basis as
determined by the | ||||||
| 4 | Board;
| ||||||
| 5 | (2) payment and processing of claims and various cost | ||||||
| 6 | containment
functions; and
| ||||||
| 7 | (3) other functions to assure timely payment of | ||||||
| 8 | benefits to participants
under the Plan, including:
| ||||||
| 9 | (a) making available information relating to the | ||||||
| 10 | proper manner of
submitting a claim for benefits under | ||||||
| 11 | the Plan and distributing forms upon
which submissions | ||||||
| 12 | shall be made, and
| ||||||
| 13 | (b) evaluating the eligibility of each claim for | ||||||
| 14 | payment under the Plan.
| ||||||
| 15 | The Plan administrator shall be governed by the | ||||||
| 16 | requirements of
Part 919 of Title 50 of the Illinois | ||||||
| 17 | Administrative Code, promulgated by
the Department of | ||||||
| 18 | Insurance, regarding the handling of claims under this
Act.
| ||||||
| 19 | d. The Plan administrator shall submit regular reports to | ||||||
| 20 | the Board
regarding the operation of the Plan. The frequency, | ||||||
| 21 | content and form of the
report shall be as determined by the | ||||||
| 22 | Board.
| ||||||
| 23 | e. The Plan administrator shall pay or be reimbursed for | ||||||
| 24 | claims expenses
from the premium payments received from or on | ||||||
| 25 | behalf of Plan participants. If
the Plan administrator's | ||||||
| 26 | payments or reimbursements for claims expenses exceed
the | ||||||
| |||||||
| |||||||
| 1 | portion of premiums allocated by the Board for payment of | ||||||
| 2 | claims expenses,
the Board shall provide additional funds to | ||||||
| 3 | the Plan administrator for payment
or reimbursement of such | ||||||
| 4 | claims expenses.
| ||||||
| 5 | f. The Plan administrator shall be paid as provided in the
| ||||||
| 6 | contract between the Board and the Plan administrator.
| ||||||
| 7 | (Source: P.A. 97-11, eff. 6-14-11; revised 9-2-16.)
| ||||||
| 8 | (215 ILCS 105/15)
| ||||||
| 9 | Sec. 15. Alternative portable coverage for federally | ||||||
| 10 | eligible individuals.
| ||||||
| 11 | (a) Notwithstanding the requirements of subsection a a. of | ||||||
| 12 | Section 7 and
except as otherwise provided in this Section, any
| ||||||
| 13 | federally eligible individual for whom a Plan
application, and | ||||||
| 14 | such enclosures and supporting documentation as the Board may
| ||||||
| 15 | require, is received by the Board within 90 days after the
| ||||||
| 16 | termination of prior
creditable coverage shall qualify to | ||||||
| 17 | enroll in the Plan under the
portability provisions of this | ||||||
| 18 | Section.
| ||||||
| 19 | A federally eligible person who has
been certified as | ||||||
| 20 | eligible pursuant to the federal Trade
Act of 2002
and whose | ||||||
| 21 | Plan application and enclosures and supporting
documentation | ||||||
| 22 | as the Board may require is received by the Board within 63 | ||||||
| 23 | days
after the termination of previous creditable coverage | ||||||
| 24 | shall qualify to enroll
in the Plan under the portability | ||||||
| 25 | provisions of this Section.
| ||||||
| |||||||
| |||||||
| 1 | (b) Any federally eligible individual seeking Plan | ||||||
| 2 | coverage under this
Section must submit with his or her | ||||||
| 3 | application evidence, including acceptable
written | ||||||
| 4 | certification of previous creditable coverage, that will | ||||||
| 5 | establish to
the Board's satisfaction, that he or she meets all | ||||||
| 6 | of the requirements to be a
federally eligible individual and | ||||||
| 7 | is currently and
permanently residing in this State (as of the | ||||||
| 8 | date his or her application was
received by the Board).
| ||||||
| 9 | (c) Except as otherwise provided in this Section, a period | ||||||
| 10 | of creditable
coverage shall not be counted, with respect to
| ||||||
| 11 | qualifying an applicant for Plan coverage as a federally | ||||||
| 12 | eligible individual
under this Section, if after such period | ||||||
| 13 | and before the application for Plan
coverage was received by | ||||||
| 14 | the Board, there was at least a 90-day 90 day
period during
all | ||||||
| 15 | of which the individual was not covered under any creditable | ||||||
| 16 | coverage.
| ||||||
| 17 | For a federally eligible person who has
been certified as | ||||||
| 18 | eligible
pursuant to the federal Trade Act of 2002, a period of | ||||||
| 19 | creditable
coverage shall not be counted, with respect to | ||||||
| 20 | qualifying an applicant for Plan
coverage as a federally | ||||||
| 21 | eligible individual under this Section, if after such
period | ||||||
| 22 | and before the application for Plan coverage was received by | ||||||
| 23 | the Board,
there was at
least a 63-day 63 day period during all | ||||||
| 24 | of which the individual was not covered under
any creditable | ||||||
| 25 | coverage.
| ||||||
| 26 | (d) Any federally eligible individual who the Board | ||||||
| |||||||
| |||||||
| 1 | determines qualifies for
Plan coverage under this Section shall | ||||||
| 2 | be offered his or her choice of
enrolling in one of alternative | ||||||
| 3 | portability health benefit plans which the
Board
is authorized | ||||||
| 4 | under this Section to establish for these federally eligible
| ||||||
| 5 | individuals
and their dependents.
| ||||||
| 6 | (e) The Board shall offer a choice of health care coverages | ||||||
| 7 | consistent with
major medical coverage under the alternative | ||||||
| 8 | health benefit plans authorized by
this Section to every | ||||||
| 9 | federally eligible individual.
The coverages to be offered | ||||||
| 10 | under the plans, the schedule of
benefits, deductibles, | ||||||
| 11 | co-payments, exclusions, and other limitations shall be
| ||||||
| 12 | approved by the Board. One optional form of coverage shall be | ||||||
| 13 | comparable to
comprehensive health insurance coverage offered | ||||||
| 14 | in the individual market in
this State or a standard option of | ||||||
| 15 | coverage available under the group or
individual health | ||||||
| 16 | insurance laws of the State. The standard benefit plan that
is
| ||||||
| 17 | authorized by Section 8 of this Act may be used for this | ||||||
| 18 | purpose. The Board
may also offer a preferred provider option | ||||||
| 19 | and such other options as the Board
determines may be | ||||||
| 20 | appropriate for these federally eligible individuals who
| ||||||
| 21 | qualify for Plan coverage pursuant to this Section.
| ||||||
| 22 | (f) Notwithstanding the requirements of subsection f f. of | ||||||
| 23 | Section 8, any
Plan coverage
that is issued to federally | ||||||
| 24 | eligible individuals who qualify for the Plan
pursuant
to the | ||||||
| 25 | portability provisions of this Section shall not be subject to | ||||||
| 26 | any
preexisting conditions exclusion, waiting period, or other | ||||||
| |||||||
| |||||||
| 1 | similar limitation
on coverage.
| ||||||
| 2 | (g) Federally eligible individuals who qualify and enroll | ||||||
| 3 | in the Plan
pursuant
to this Section shall be required to pay | ||||||
| 4 | such premium rates as the Board shall
establish and approve in | ||||||
| 5 | accordance with the requirements of Section 7.1 of
this Act.
| ||||||
| 6 | (h) A federally eligible individual who qualifies and | ||||||
| 7 | enrolls in the Plan
pursuant to this Section must satisfy on an | ||||||
| 8 | ongoing basis all of the other
eligibility requirements of this | ||||||
| 9 | Act to the extent not inconsistent with the
federal Health | ||||||
| 10 | Insurance Portability and Accountability Act of 1996 in order | ||||||
| 11 | to
maintain continued eligibility
for coverage under the Plan.
| ||||||
| 12 | (Source: P.A. 97-333, eff. 8-12-11; revised 9-2-16.)
| ||||||
| 13 | Section 430. The Farm Mutual Insurance Company Act of 1986 | ||||||
| 14 | is amended by changing Section 12 as follows:
| ||||||
| 15 | (215 ILCS 120/12) (from Ch. 73, par. 1262)
| ||||||
| 16 | Sec. 12. Investments. Without the prior approval of the | ||||||
| 17 | Director, the
funds of any company operating under or
regulated | ||||||
| 18 | by the provisions of this Act, shall be invested only in the
| ||||||
| 19 | following:
| ||||||
| 20 | (1) Direct obligations of the United States of America, | ||||||
| 21 | or obligations
of agencies or instrumentalities of the | ||||||
| 22 | United States to the extent
guaranteed or insured as to the | ||||||
| 23 | payment of principal and interest by the
United States of | ||||||
| 24 | America;
| ||||||
| |||||||
| |||||||
| 1 | (2) Bonds which are direct, general obligations of the | ||||||
| 2 | State of Illinois or any other state, subject to a maximum | ||||||
| 3 | of 30% of admitted assets in states other than Illinois in | ||||||
| 4 | the aggregate;
| ||||||
| 5 | (3) Bonds which are direct, general obligations of | ||||||
| 6 | political
subdivisions of the State of Illinois or any | ||||||
| 7 | other state, subject to the following conditions:
| ||||||
| 8 | (a) Maximum of 5% of admitted assets in any one | ||||||
| 9 | political subdivision;
| ||||||
| 10 | (b) Maximum of 30% of admitted assets in all | ||||||
| 11 | political
subdivisions in
the aggregate;
| ||||||
| 12 | (c) Rating of A3 or higher by Moody's Investors | ||||||
| 13 | Service, Inc. or A- or higher by Standard & Poor's | ||||||
| 14 | Corporation; | ||||||
| 15 | (4) Bonds, notes, debentures, or other similar | ||||||
| 16 | obligations of the United States of America, its agencies, | ||||||
| 17 | and its instrumentalities, subject to a maximum investment | ||||||
| 18 | of 10% of admitted assets in any one issuer;
| ||||||
| 19 | (5) Bonds that are obligations of corporations | ||||||
| 20 | organized by the United States of America, subject to the | ||||||
| 21 | following conditions: | ||||||
| 22 | (a) Maximum of 5% of admitted assets in any one | ||||||
| 23 | issuer; | ||||||
| 24 | (b) Maximum of 15% of admitted assets in the | ||||||
| 25 | aggregate; | ||||||
| 26 | (c) Rating of A3 or higher by Moody's Investors | ||||||
| |||||||
| |||||||
| 1 | Service, Inc. or A- or higher by Standard & Poor's | ||||||
| 2 | Corporation; | ||||||
| 3 | (d) Maximum maturity of no longer than that 10 | ||||||
| 4 | years;
| ||||||
| 5 | (6) Mutual funds, unit investment trusts, and exchange | ||||||
| 6 | traded funds, subject to the following conditions:
| ||||||
| 7 | (a) Maximum of 6% of policyholders' surplus in any | ||||||
| 8 | one balanced or
growth mutual fund that invests in | ||||||
| 9 | common stock;
| ||||||
| 10 | (b) Maximum of 5% of admitted assets in any one | ||||||
| 11 | bond or income mutual
fund or any one non-governmental | ||||||
| 12 | money market mutual fund;
| ||||||
| 13 | (c) Maximum of 10% of admitted assets in any one | ||||||
| 14 | governmental money
market mutual fund;
| ||||||
| 15 | (d) Maximum of 25% of admitted assets in all mutual | ||||||
| 16 | funds in the
aggregate;
| ||||||
| 17 | (7) Common stock and preferred stock subject to the | ||||||
| 18 | following
conditions:
| ||||||
| 19 | (a) Common stock and preferred stock shall be | ||||||
| 20 | traded on the New York
Stock Exchange or the American | ||||||
| 21 | Stock Exchange or listed on the National
Association of | ||||||
| 22 | Securities Dealers Automated Quotation (NASDAQ) | ||||||
| 23 | system;
| ||||||
| 24 | (b) Maximum of 3% of policyholders' surplus in | ||||||
| 25 | excess of $400,000 in
any one common stock or preferred | ||||||
| 26 | stock issuer provided that the net unearned
premium | ||||||
| |||||||
| |||||||
| 1 | reserve does not exceed policyholders' surplus;
| ||||||
| 2 | (8) Investments authorized under subdivision (a) of | ||||||
| 3 | item (6) and
subdivision (a) of item (7) of this Section | ||||||
| 4 | shall not in the
aggregate exceed 15% of policyholders' | ||||||
| 5 | surplus;
| ||||||
| 6 | (9) Funds on deposit in solvent banks and savings and | ||||||
| 7 | loan
associations which are insured by
the Federal Deposit | ||||||
| 8 | Insurance Corporation; however, the uninsured portion
of | ||||||
| 9 | funds held in any one such bank or association shall not | ||||||
| 10 | exceed 5% of
the company's
policyholders' surplus;
| ||||||
| 11 | (10) Real estate for home office building purposes, | ||||||
| 12 | provided
that such
investments are approved by the Director | ||||||
| 13 | of Insurance on the basis of a
showing by the company that | ||||||
| 14 | the company has adequate assets available for
such | ||||||
| 15 | investment and that the proposed acquisition does not | ||||||
| 16 | exceed the
reasonable normal value of such property;
| ||||||
| 17 | (11) Amounts in excess of the investment limitations | ||||||
| 18 | contained in items (2) through (9) may be allowed, subject | ||||||
| 19 | to the following conditions: | ||||||
| 20 | (a) Maximum additional investment of 3% of | ||||||
| 21 | admitted assets in any one issuer; | ||||||
| 22 | (b) Maximum additional investment of 6% of | ||||||
| 23 | admitted assets in the aggregate. | ||||||
| 24 | An investment that qualified under this Section at the time | ||||||
| 25 | it was
acquired by the company shall continue to qualify under | ||||||
| 26 | this Section.
| ||||||
| |||||||
| |||||||
| 1 | Investments permitted under this Section shall be | ||||||
| 2 | registered in the name of
the
company and under its direct | ||||||
| 3 | control or shall be held in a custodial account
with a bank or | ||||||
| 4 | trust company that is qualified to administer trusts in | ||||||
| 5 | Illinois
under
the Corporate Fiduciary Act and that has an | ||||||
| 6 | office in Illinois.
However, securities may be held in street | ||||||
| 7 | form and in the custody of a
licensed dealer for a period not | ||||||
| 8 | to exceed 30 days.
| ||||||
| 9 | Notwithstanding the provisions of this Act, the Director | ||||||
| 10 | may, after notice
and hearing, order a company to limit or | ||||||
| 11 | withdraw from certain investments or
discontinue certain | ||||||
| 12 | investments or investment practices to the extent the
Director | ||||||
| 13 | finds those investments or investment practices endanger the | ||||||
| 14 | solvency
of the company.
| ||||||
| 15 | (Source: P.A. 98-823, eff. 1-1-15; revised 9-2-16.)
| ||||||
| 16 | Section 435. The Health Maintenance Organization Act is | ||||||
| 17 | amended by changing Section 4-10 as follows:
| ||||||
| 18 | (215 ILCS 125/4-10) (from Ch. 111 1/2, par. 1409.3)
| ||||||
| 19 | Sec. 4-10. Medical necessity; dispute resolution; | ||||||
| 20 | independent second opinion. (a) Medical Necessity - Dispute | ||||||
| 21 | Resolution-Independent
Second Opinion. Each Health Maintenance | ||||||
| 22 | Organization shall provide a mechanism
for the timely review by | ||||||
| 23 | a physician holding the same class of license as
the primary | ||||||
| 24 | care physician, who is unaffiliated with the Health Maintenance
| ||||||
| |||||||
| |||||||
| 1 | Organization, jointly selected by the patient (or the patient's | ||||||
| 2 | next of
kin or legal representative if the patient is unable to | ||||||
| 3 | act for himself),
primary care physician and the Health | ||||||
| 4 | Maintenance Organization in the event
of a dispute between the | ||||||
| 5 | primary care physician and the Health Maintenance
Organization | ||||||
| 6 | regarding the medical necessity of a covered service proposed
| ||||||
| 7 | by a primary care physician. In the event that the reviewing | ||||||
| 8 | physician
determines the covered service to be medically | ||||||
| 9 | necessary, the Health
Maintenance Organization shall provide | ||||||
| 10 | the covered service. Future
contractual or employment action by | ||||||
| 11 | the Health Maintenance Organization
regarding the primary care | ||||||
| 12 | physician shall not be based solely on the
physician's
| ||||||
| 13 | participation in this procedure.
| ||||||
| 14 | (Source: P.A. 85-20; 85-850; revised 10-5-16.)
| ||||||
| 15 | Section 440. The Limited Health Service Organization Act is | ||||||
| 16 | amended by changing Sections 4003 and 4006 as follows:
| ||||||
| 17 | (215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
| ||||||
| 18 | Sec. 4003. Illinois Insurance Code provisions. Limited | ||||||
| 19 | health service
organizations shall be subject to the provisions | ||||||
| 20 | of Sections 133, 134, 136, 137, 139,
140, 141.1, 141.2, 141.3, | ||||||
| 21 | 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
154.6, | ||||||
| 22 | 154.7, 154.8, 155.04, 155.37, 355.2, 355.3, 355b, 356v, | ||||||
| 23 | 356z.10, 356z.21, 356z.22, 368a, 401, 401.1,
402,
403, 403A, | ||||||
| 24 | 408,
408.2, 409, 412, 444, and 444.1 and Articles IIA, VIII | ||||||
| |||||||
| |||||||
| 1 | 1/2, XII, XII 1/2,
XIII,
XIII 1/2, XXV, and XXVI of the | ||||||
| 2 | Illinois Insurance Code. For purposes of the
Illinois Insurance | ||||||
| 3 | Code, except for Sections 444 and 444.1 and Articles XIII
and | ||||||
| 4 | XIII 1/2, limited health service organizations in the following | ||||||
| 5 | categories
are deemed to be domestic companies:
| ||||||
| 6 | (1) a corporation under the laws of this State; or
| ||||||
| 7 | (2) a corporation organized under the laws of another | ||||||
| 8 | state, 30% or of more
of the enrollees of which are | ||||||
| 9 | residents of this State, except a corporation
subject to | ||||||
| 10 | substantially the same requirements in its state of | ||||||
| 11 | organization as
is a domestic company under Article VIII | ||||||
| 12 | 1/2 of the Illinois Insurance Code.
| ||||||
| 13 | (Source: P.A. 97-486, eff. 1-1-12; 97-592, 1-1-12; 97-805, eff. | ||||||
| 14 | 1-1-13; 97-813, eff. 7-13-12; 98-189, eff. 1-1-14; 98-1091, | ||||||
| 15 | eff. 1-1-15; revised 10-5-16.)
| ||||||
| 16 | (215 ILCS 130/4006) (from Ch. 73, par. 1504-6)
| ||||||
| 17 | Sec. 4006. Supervision of rehabilitation, liquidation or | ||||||
| 18 | conservation
by the Director. | ||||||
| 19 | (a) For purposes of the rehabilitation, liquidation or
| ||||||
| 20 | conservation of a limited health service organization, the | ||||||
| 21 | operation of a
limited health service organization in this | ||||||
| 22 | State constitutes a form of
insurance protection which should | ||||||
| 23 | be governed by the same provisions
governing the | ||||||
| 24 | rehabilitation, liquidation or conservation of insurance
| ||||||
| 25 | companies. Any rehabilitation, liquidation or conservation of | ||||||
| |||||||
| |||||||
| 1 | a limited
health service organization shall be based upon the | ||||||
| 2 | grounds set forth in
and subject to the provisions of the laws | ||||||
| 3 | of this State regarding the
rehabilitation, liquidation or | ||||||
| 4 | conservation of an insurance company and
shall be conducted | ||||||
| 5 | under the supervision of the Director. Insolvency, as a
ground | ||||||
| 6 | for rehabilitation, liquidation or conservation of a limited | ||||||
| 7 | health
service organization, shall be recognized when a limited | ||||||
| 8 | health service
organization cannot be expected to satisfy its | ||||||
| 9 | financial
obligations when such obligations are to become due | ||||||
| 10 | or when the limited
health service organization has neglected | ||||||
| 11 | to correct, within the time
prescribed by subsection (c) of | ||||||
| 12 | Section 2004, a deficiency occurring due to
such organization's | ||||||
| 13 | prescribed minimum net worth being impaired. For
purpose of | ||||||
| 14 | determining the priority of distribution of general assets,
| ||||||
| 15 | claims of enrollees and enrollees' beneficiaries shall have the | ||||||
| 16 | same
priority as established by Section 205 of the Illinois | ||||||
| 17 | Insurance Code, for policyholders and beneficiaries of | ||||||
| 18 | insureds
of insurance companies. If an enrollee is liable to | ||||||
| 19 | any provider for
services provided pursuant to and covered by | ||||||
| 20 | the limited health care plan,
that liability shall have the | ||||||
| 21 | status of an enrollee claim for distribution
of general assets.
| ||||||
| 22 | Any provider who is obligated by statute or agreement to | ||||||
| 23 | hold enrollees
harmless from liability for services provided | ||||||
| 24 | pursuant to and covered by a
limited health care plan shall | ||||||
| 25 | have a priority of distribution of the
general assets | ||||||
| 26 | immediately following that of enrollees and enrollees'
| ||||||
| |||||||
| |||||||
| 1 | beneficiaries as described herein, and immediately preceding | ||||||
| 2 | the priority
of distribution described in paragraph (e) of | ||||||
| 3 | subsection (1) of Section
205 of the Illinois Insurance
Code.
| ||||||
| 4 | (b) For purposes of Articles XIII and XIII 1/2 of the | ||||||
| 5 | Illinois Insurance
Code, organizations in the following
| ||||||
| 6 | categories shall be deemed to be a domestic company and a | ||||||
| 7 | domiciliary company:
| ||||||
| 8 | (1) a corporation organized under the laws of this | ||||||
| 9 | State; or
| ||||||
| 10 | (2) a corporation organized under the laws of another | ||||||
| 11 | state, 20% or more of
the enrollees of which are residents | ||||||
| 12 | of this State, except where such a
corporation is, in its | ||||||
| 13 | state of incorporation, subject to rehabilitation,
| ||||||
| 14 | liquidation and conservation under the laws relating to | ||||||
| 15 | insurance companies.
| ||||||
| 16 | (Source: P.A. 89-206, eff. 7-21-95; revised 10-5-16.)
| ||||||
| 17 | Section 445. The Viatical Settlements Act of 2009 is | ||||||
| 18 | amended by changing Section 15 as follows:
| ||||||
| 19 | (215 ILCS 159/15)
| ||||||
| 20 | Sec. 15. License revocation for viatical settlement | ||||||
| 21 | providers. | ||||||
| 22 | (a) The Director may refuse to issue or renew or may | ||||||
| 23 | suspend or revoke the license of any viatical settlement | ||||||
| 24 | provider if the Director finds any of the following: | ||||||
| |||||||
| |||||||
| 1 | (1) there was any material misrepresentation in the | ||||||
| 2 | application for the license; | ||||||
| 3 | (2) the viatical settlement provider or any officer, | ||||||
| 4 | partner, member, or controlling person uses fraudulent or | ||||||
| 5 | dishonest practices or is otherwise shown to be | ||||||
| 6 | untrustworthy, incompetent, or financially irresponsible | ||||||
| 7 | in this State or elsewhere; | ||||||
| 8 | (3) the viatical settlement provider demonstrates a | ||||||
| 9 | pattern of unreasonable payments to viators; | ||||||
| 10 | (4) the viatical settlement provider or any officer, | ||||||
| 11 | partner, member, or controlling person has violated any | ||||||
| 12 | insurance laws or any rule, subpoena, or order of the | ||||||
| 13 | Director or of another state's chief insurance regulatory | ||||||
| 14 | official or is subject to a final administrative action | ||||||
| 15 | brought by the Director or by the Illinois Secretary of | ||||||
| 16 | State or by another state's chief
insurance regulatory | ||||||
| 17 | official or chief securities regulatory official; | ||||||
| 18 | (5) the viatical settlement provider has used a | ||||||
| 19 | viatical settlement contract that has not been approved | ||||||
| 20 | pursuant to this Act; | ||||||
| 21 | (6) the viatical settlement provider has failed to | ||||||
| 22 | honor contractual obligations set out in a viatical | ||||||
| 23 | settlement contract; | ||||||
| 24 | (7) the viatical settlement provider no longer meets | ||||||
| 25 | the requirements for initial licensure; | ||||||
| 26 | (8) the viatical settlement provider has assigned, | ||||||
| |||||||
| |||||||
| 1 | transferred, or pledged a purchased policy to a person | ||||||
| 2 | other than a viatical settlement provider licensed in this | ||||||
| 3 | State, a viatical settlement purchaser, a financing | ||||||
| 4 | entity, a special purpose entity, or a related provider | ||||||
| 5 | trust; or | ||||||
| 6 | (9) the viatical settlement provider or any officer, | ||||||
| 7 | partner, member, or controlling person of the viatical | ||||||
| 8 | settlement provider has violated any of the provisions of | ||||||
| 9 | this Act. | ||||||
| 10 | (b) If the Director denies a viatical settlement provider | ||||||
| 11 | license application or suspends, revokes, or refuses to renew | ||||||
| 12 | the license of a viatical settlement provider, the Director | ||||||
| 13 | shall notify the applicant or viatical settlement provider and | ||||||
| 14 | advise, in writing, the applicant or viatical settlement | ||||||
| 15 | provider of the reason for the suspension, revocation, denial, | ||||||
| 16 | or nonrenewal of the applicant's or licensee's license. The | ||||||
| 17 | applicant or viatical settlement provider may make a written | ||||||
| 18 | demand upon the Director within 30 days after the date of | ||||||
| 19 | mailing for a hearing before the Director to determine the | ||||||
| 20 | reasonableness of the Director's action. The hearing must be | ||||||
| 21 | held within not fewer than 20 days nor more than 30 days after | ||||||
| 22 | the mailing of the notice of hearing and shall be held in | ||||||
| 23 | accordance with the Illinois Administrative Procedure Act and | ||||||
| 24 | 50 Ill. Adm. Code 2402 Section 2402 of Chapter 50 of the | ||||||
| 25 | Illinois Administrative Code.
| ||||||
| 26 | (Source: P.A. 96-736, eff. 7-1-10; revised 9-13-16.)
| ||||||
| |||||||
| |||||||
| 1 | Section 450. The Public Utilities Act is amended by | ||||||
| 2 | changing Section 13-703 as follows:
| ||||||
| 3 | (220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
| ||||||
| 4 | (Section scheduled to be repealed on July 1, 2017)
| ||||||
| 5 | Sec. 13-703.
(a) The Commission shall design and implement | ||||||
| 6 | a program
whereby each telecommunications carrier providing | ||||||
| 7 | local exchange service
shall provide a telecommunications | ||||||
| 8 | device capable of servicing the needs of
those persons with a | ||||||
| 9 | hearing or speech disability together with a
single party line, | ||||||
| 10 | at no charge additional to the basic exchange rate, to
any | ||||||
| 11 | subscriber who is certified as having a hearing or speech | ||||||
| 12 | disability by a hearing care professional, as defined in the | ||||||
| 13 | Hearing Instrument Consumer Protection Act, a speech-language | ||||||
| 14 | pathologist, or a qualified
State agency and to any subscriber | ||||||
| 15 | which is an organization serving the needs
of those persons | ||||||
| 16 | with a hearing or speech disability as determined and
specified | ||||||
| 17 | by the Commission pursuant to subsection (d).
| ||||||
| 18 | (b) The Commission shall design and implement a program, | ||||||
| 19 | whereby each
telecommunications carrier providing local | ||||||
| 20 | exchange service shall provide a
telecommunications relay | ||||||
| 21 | system, using third party intervention to connect
those persons | ||||||
| 22 | having a hearing or speech disability with persons of normal
| ||||||
| 23 | hearing by way of intercommunications devices and the telephone | ||||||
| 24 | system, making
available reasonable access to all phases of | ||||||
| |||||||
| |||||||
| 1 | public telephone service to
persons who have a hearing or | ||||||
| 2 | speech disability. In order to design a
telecommunications | ||||||
| 3 | relay system which will meet the requirements of those
persons | ||||||
| 4 | with a hearing or speech disability available at a reasonable | ||||||
| 5 | cost, the
Commission shall initiate an investigation and | ||||||
| 6 | conduct public hearings to
determine the most cost-effective | ||||||
| 7 | method of providing telecommunications relay
service to those | ||||||
| 8 | persons who have a hearing or speech disability when using
| ||||||
| 9 | telecommunications devices and therein solicit the advice, | ||||||
| 10 | counsel, and
physical assistance of Statewide nonprofit | ||||||
| 11 | consumer organizations that serve
persons with hearing or | ||||||
| 12 | speech disabilities in such hearings and during the
development | ||||||
| 13 | and implementation of the system. The Commission shall phase
in | ||||||
| 14 | this program, on a geographical basis, as soon as is | ||||||
| 15 | practicable, but
no later than June 30, 1990.
| ||||||
| 16 | (c) The Commission shall establish a competitively neutral | ||||||
| 17 | rate recovery mechanism that establishes charges in an amount | ||||||
| 18 | to be determined by the Commission
for each line of a | ||||||
| 19 | subscriber to allow telecommunications carriers
providing | ||||||
| 20 | local exchange service to recover costs as they are incurred
| ||||||
| 21 | under this Section. Beginning no later than April 1, 2016, and | ||||||
| 22 | on a yearly basis thereafter, the Commission shall initiate a | ||||||
| 23 | proceeding to establish the competitively neutral amount to be | ||||||
| 24 | charged or assessed to subscribers of telecommunications | ||||||
| 25 | carriers and wireless carriers, Interconnected VoIP service | ||||||
| 26 | providers, and consumers of prepaid wireless | ||||||
| |||||||
| |||||||
| 1 | telecommunications service in a manner consistent with this | ||||||
| 2 | subsection (c) and subsection (f) of this Section. The | ||||||
| 3 | Commission shall issue its order establishing the | ||||||
| 4 | competitively neutral amount to be charged or assessed to | ||||||
| 5 | subscribers of telecommunications carriers and wireless | ||||||
| 6 | carriers, Interconnected VoIP service providers, and | ||||||
| 7 | purchasers of prepaid wireless telecommunications service on | ||||||
| 8 | or prior to June 1 of each year, and such amount shall take | ||||||
| 9 | effect June 1 of each year.
| ||||||
| 10 | Telecommunications carriers, wireless carriers, | ||||||
| 11 | Interconnected VoIP service providers, and sellers of prepaid | ||||||
| 12 | wireless telecommunications service shall have 60 days from the | ||||||
| 13 | date the Commission files its order to implement the new rate | ||||||
| 14 | established by the order. | ||||||
| 15 | (d) The Commission shall determine and specify those | ||||||
| 16 | organizations serving
the needs of those persons having a | ||||||
| 17 | hearing or speech disability that shall
receive a | ||||||
| 18 | telecommunications device and in which offices the equipment | ||||||
| 19 | shall be
installed in the case of an organization having more | ||||||
| 20 | than one office. For the
purposes of this Section, | ||||||
| 21 | "organizations serving the needs of those persons
with hearing | ||||||
| 22 | or speech disabilities" means centers for independent living as
| ||||||
| 23 | described in Section 12a of the Rehabilitation of Persons with | ||||||
| 24 | Disabilities Act and
not-for-profit organizations whose | ||||||
| 25 | primary purpose is serving the needs of
those persons with | ||||||
| 26 | hearing or speech disabilities. The Commission shall direct
the | ||||||
| |||||||
| |||||||
| 1 | telecommunications carriers subject to its jurisdiction and | ||||||
| 2 | this
Section to comply with its determinations and | ||||||
| 3 | specifications in this regard.
| ||||||
| 4 | (e) As used in this Section: | ||||||
| 5 | "Prepaid wireless telecommunications service" has the | ||||||
| 6 | meaning given to that term under Section 10 of the Prepaid | ||||||
| 7 | Wireless 9-1-1 Surcharge Act. | ||||||
| 8 | "Retail transaction" has the meaning given to that term | ||||||
| 9 | under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||||||
| 10 | "Seller" has the meaning given to that term under Section | ||||||
| 11 | 10 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||||||
| 12 | "Telecommunications carrier
providing local exchange | ||||||
| 13 | service" includes, without otherwise limiting the
meaning of | ||||||
| 14 | the term, telecommunications carriers which are purely mutual
| ||||||
| 15 | concerns, having no rates or charges for services, but paying | ||||||
| 16 | the operating
expenses by assessment upon the members of such a | ||||||
| 17 | company and no other
person.
| ||||||
| 18 | "Wireless carrier" has the meaning given to that term under | ||||||
| 19 | Section 10 of the Wireless Emergency Telephone Safety Act. | ||||||
| 20 | (f) Interconnected VoIP service providers, sellers of | ||||||
| 21 | prepaid wireless telecommunications service, and wireless | ||||||
| 22 | carriers in Illinois shall collect and remit assessments | ||||||
| 23 | determined in accordance with this Section in a competitively | ||||||
| 24 | neutral manner in the same manner as a telecommunications | ||||||
| 25 | carrier providing local exchange service. However, the | ||||||
| 26 | assessment imposed on consumers of prepaid wireless | ||||||
| |||||||
| |||||||
| 1 | telecommunications service shall be collected by the seller | ||||||
| 2 | from the consumer and imposed per retail transaction as a | ||||||
| 3 | percentage of that retail transaction on all retail | ||||||
| 4 | transactions occurring in this State. The assessment on | ||||||
| 5 | subscribers of wireless carriers and consumers of prepaid | ||||||
| 6 | wireless telecommunications service shall not be imposed or | ||||||
| 7 | collected prior to June 1, 2016. | ||||||
| 8 | Sellers of prepaid wireless telecommunications service | ||||||
| 9 | shall remit the assessments to the Department of Revenue on the | ||||||
| 10 | same form and in the same manner which they remit the fee | ||||||
| 11 | collected under the Prepaid Wireless 9-1-1 Surcharge Act. For | ||||||
| 12 | the purposes of display on the consumers' receipts, the rates | ||||||
| 13 | of the fee collected under the Prepaid Wireless 9-1-1 Surcharge | ||||||
| 14 | Act and the assessment under this Section may be combined. In | ||||||
| 15 | administration and enforcement of this Section, the provisions | ||||||
| 16 | of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge | ||||||
| 17 | Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of | ||||||
| 18 | Section 15 and subsections (c) and (e) of Section 20 of the | ||||||
| 19 | Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015 | ||||||
| 20 | (the effective date of Public Act 99-6), the seller shall be | ||||||
| 21 | permitted to deduct and retain 3% of the assessments that are | ||||||
| 22 | collected by the seller from consumers and that are remitted | ||||||
| 23 | and timely filed with the Department) that are not inconsistent | ||||||
| 24 | with this Section, shall apply, as far as practicable, to the | ||||||
| 25 | subject matter of this Section to the same extent as if those | ||||||
| 26 | provisions were included in this Section. The Department shall | ||||||
| |||||||
| |||||||
| 1 | deposit all assessments and penalties collected under this | ||||||
| 2 | Section into the Illinois Telecommunications Access | ||||||
| 3 | Corporation Fund, a special fund created in the State treasury. | ||||||
| 4 | On or before the 25th day of each calendar month, the | ||||||
| 5 | Department shall prepare and certify to the Comptroller the | ||||||
| 6 | amount available to the Commission for distribution out of the | ||||||
| 7 | Illinois Telecommunications Access Corporation Fund. The | ||||||
| 8 | amount certified shall be the amount (not including credit | ||||||
| 9 | memoranda) collected during the second preceding calendar | ||||||
| 10 | month by the Department, plus an amount the Department | ||||||
| 11 | determines is necessary to offset any amounts which were | ||||||
| 12 | erroneously paid to a different taxing body or fund. The amount | ||||||
| 13 | paid to the Illinois Telecommunications Access Corporation | ||||||
| 14 | Fund shall not include any amount equal to the amount of | ||||||
| 15 | refunds made during the second preceding calendar month by the | ||||||
| 16 | Department to retailers under this Section or any amount that | ||||||
| 17 | the Department determines is necessary to offset any amounts | ||||||
| 18 | which were payable to a different taxing body or fund but were | ||||||
| 19 | erroneously paid to the Illinois Telecommunications Access | ||||||
| 20 | Corporation Fund. The Commission shall distribute all the funds | ||||||
| 21 | to the Illinois Telecommunications Access Corporation and the | ||||||
| 22 | funds may only be used in accordance with the provisions of | ||||||
| 23 | this Section. The Department shall deduct 2% of all amounts | ||||||
| 24 | deposited in the Illinois Telecommunications Access | ||||||
| 25 | Corporation Fund during every year of remitted assessments. Of | ||||||
| 26 | the 2% deducted by the Department, one-half shall be | ||||||
| |||||||
| |||||||
| 1 | transferred into the Tax Compliance and Administration Fund to | ||||||
| 2 | reimburse the Department for its direct costs of administering | ||||||
| 3 | the collection and remittance of the assessment. The remaining | ||||||
| 4 | one-half shall be transferred into the Public Utilities Fund to | ||||||
| 5 | reimburse the Commission for its costs of distributing to the | ||||||
| 6 | Illinois Telecommunications Access Corporation the amount | ||||||
| 7 | certified by the Department for distribution. The amount to be | ||||||
| 8 | charged or assessed under subsections (c) and (f) is not | ||||||
| 9 | imposed on a provider or the consumer for wireless Lifeline | ||||||
| 10 | service where the consumer does not pay the provider for the | ||||||
| 11 | service. Where the consumer purchases from the provider | ||||||
| 12 | optional minutes, texts, or other services in addition to the | ||||||
| 13 | federally funded Lifeline benefit, a consumer must pay the | ||||||
| 14 | charge or assessment, and it must be collected by the seller | ||||||
| 15 | according to this subsection (f). | ||||||
| 16 | Interconnected VoIP services shall not be considered an | ||||||
| 17 | intrastate telecommunications service for the purposes of this | ||||||
| 18 | Section in a manner inconsistent with federal law or Federal | ||||||
| 19 | Communications Commission regulation. | ||||||
| 20 | (g) The provisions of this Section are severable under | ||||||
| 21 | Section 1.31 of the Statute on Statutes. | ||||||
| 22 | (h) The Commission may adopt rules necessary to implement | ||||||
| 23 | this Section. | ||||||
| 24 | (Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; 99-642, | ||||||
| 25 | eff. 7-28-16; 99-847, eff. 8-19-16; revised 10-25-16.)
| ||||||
| |||||||
| |||||||
| 1 | Section 455. The Child Care Act of 1969 is amended by | ||||||
| 2 | changing Sections 2.09, 7, and 14.6 as follows:
| ||||||
| 3 | (225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
| ||||||
| 4 | Sec. 2.09.
"Day care center" means any child care facility | ||||||
| 5 | which regularly
provides day care for less than 24 hours per | ||||||
| 6 | day for (1) more than 8 children
in a family home, or (2) more | ||||||
| 7 | than 3 children in a facility other than a
family home, | ||||||
| 8 | including senior citizen buildings. | ||||||
| 9 | The term does not include:
| ||||||
| 10 | (a)
programs operated by (i) public or private | ||||||
| 11 | elementary school systems or
secondary level school units | ||||||
| 12 | or institutions of higher learning that
serve children who | ||||||
| 13 | shall have attained the age of 3 years or (ii) private
| ||||||
| 14 | entities on the grounds of public or private elementary or
| ||||||
| 15 | secondary schools and that serve children who have attained | ||||||
| 16 | the age of 3
years, except that this exception applies only | ||||||
| 17 | to the facility and not to the
private entities' personnel | ||||||
| 18 | operating the program;
| ||||||
| 19 | (b)
programs
or that portion of the program which | ||||||
| 20 | serves children who shall have attained
the age of 3 years | ||||||
| 21 | and which are recognized by the State Board of Education;
| ||||||
| 22 | (c) educational program or programs serving children | ||||||
| 23 | who shall have attained
the age of 3 years and which are | ||||||
| 24 | operated by a school which is registered
with the State | ||||||
| 25 | Board of Education and which is recognized or accredited
by | ||||||
| |||||||
| |||||||
| 1 | a recognized national or multistate
educational | ||||||
| 2 | organization or association which regularly recognizes or | ||||||
| 3 | accredits
schools; | ||||||
| 4 | (d) programs which exclusively serve or that portion of | ||||||
| 5 | the
program which serves children with disabilities who | ||||||
| 6 | shall have attained the age
of 3 years but are less than 21 | ||||||
| 7 | years of age and which are registered and
approved as | ||||||
| 8 | meeting standards of the State Board of Education and
| ||||||
| 9 | applicable fire marshal standards; | ||||||
| 10 | (e) facilities operated in connection
with a shopping | ||||||
| 11 | center or service, religious services, or other similar
| ||||||
| 12 | facility, where transient children are cared for | ||||||
| 13 | temporarily while parents
or custodians of the children are | ||||||
| 14 | occupied on the premises and readily
available; | ||||||
| 15 | (f) any type of day care center that is
conducted on | ||||||
| 16 | federal government premises; | ||||||
| 17 | (g) special activities
programs, including athletics, | ||||||
| 18 | crafts instruction, and similar activities
conducted on an | ||||||
| 19 | organized and periodic basis by civic, charitable and
| ||||||
| 20 | governmental organizations; | ||||||
| 21 | (h) part day child care facilities, as
defined in | ||||||
| 22 | Section 2.10 of this Act; | ||||||
| 23 | (i) programs or that portion of
the program which: | ||||||
| 24 | (1) serves children who shall have attained the age | ||||||
| 25 | of
3 years; , | ||||||
| 26 | (2) is operated by churches or religious | ||||||
| |||||||
| |||||||
| 1 | institutions as described
in Section 501(c)(3) of the | ||||||
| 2 | federal Internal Revenue Code; , | ||||||
| 3 | (3) receives
no governmental aid; , | ||||||
| 4 | (4) is operated as a component of a religious, | ||||||
| 5 | nonprofit
elementary school; , | ||||||
| 6 | (5) operates primarily to provide religious | ||||||
| 7 | education; ,
and | ||||||
| 8 | (6) meets appropriate State or local health and | ||||||
| 9 | fire safety standards; or | ||||||
| 10 | (j) programs or portions of programs that: | ||||||
| 11 | (1) serve only school-age children and youth | ||||||
| 12 | (defined as full-time kindergarten children, as | ||||||
| 13 | defined in 89 Ill. Adm. Code 407.45, or older); , | ||||||
| 14 | (2) are organized to promote childhood learning, | ||||||
| 15 | child and youth development, educational or | ||||||
| 16 | recreational activities, or character-building; , | ||||||
| 17 | (3) operate primarily during out-of-school time or | ||||||
| 18 | at times when school is not normally in session; , | ||||||
| 19 | (4) comply with the standards of the Illinois | ||||||
| 20 | Department of Public Health (77 Ill. Adm. Code 750) or | ||||||
| 21 | the local health department, the Illinois State Fire | ||||||
| 22 | Marshal (41 Ill. Adm. Code 100), and the following | ||||||
| 23 | additional health and safety requirements: procedures | ||||||
| 24 | for employee and volunteer emergency preparedness and | ||||||
| 25 | practice drills; procedures to ensure that first aid | ||||||
| 26 | kits are maintained and ready to use; the placement of | ||||||
| |||||||
| |||||||
| 1 | a minimum level of liability insurance as determined by | ||||||
| 2 | the Department; procedures for the availability of a | ||||||
| 3 | working telephone that is onsite and accessible at all | ||||||
| 4 | times; procedures to ensure that emergency phone | ||||||
| 5 | numbers are posted onsite; and a restriction on handgun | ||||||
| 6 | or weapon possession onsite, except if possessed by a | ||||||
| 7 | peace officer; , | ||||||
| 8 | (5) perform and maintain authorization and results | ||||||
| 9 | of criminal history checks through the Illinois State | ||||||
| 10 | Police and FBI and checks of the Illinois Sex Offender | ||||||
| 11 | Registry, the National Sex Offender Registry, and | ||||||
| 12 | Child Abuse and Neglect Tracking System for employees | ||||||
| 13 | and volunteers who work directly with children; , | ||||||
| 14 | (6) make hiring decisions in accordance with the | ||||||
| 15 | prohibitions against barrier crimes as specified in | ||||||
| 16 | Section 4.2 of this Act or in Section 21B-80 of the | ||||||
| 17 | School Code; , | ||||||
| 18 | (7) provide parents with written disclosure that | ||||||
| 19 | the operations of the program are not regulated by | ||||||
| 20 | licensing requirements; , and | ||||||
| 21 | (8) obtain and maintain records showing the first | ||||||
| 22 | and last name and date of birth of the child, name, | ||||||
| 23 | address, and telephone number of each parent, | ||||||
| 24 | emergency contact information, and written | ||||||
| 25 | authorization for medical care. | ||||||
| 26 | Programs or portions of programs requesting Child Care | ||||||
| |||||||
| |||||||
| 1 | Assistance Program (CCAP) funding and otherwise meeting the | ||||||
| 2 | requirements under item (j) shall request exemption from the | ||||||
| 3 | Department and be determined exempt prior to receiving funding | ||||||
| 4 | and must annually meet the eligibility requirements and be | ||||||
| 5 | appropriate for payment under the CCAP. | ||||||
| 6 | Programs or portions of programs under item (j) that do not | ||||||
| 7 | receive State or federal funds must comply with staff | ||||||
| 8 | qualification and training standards established by rule by the | ||||||
| 9 | Department of Human Services. The Department of Human Services | ||||||
| 10 | shall set such standards after review of Afterschool for | ||||||
| 11 | Children and Teens Now (ACT Now) evidence-based quality | ||||||
| 12 | standards developed for school-age out-of-school time | ||||||
| 13 | programs, feedback from the school-age out-of-school time | ||||||
| 14 | program professionals, and review of out-of-school time | ||||||
| 15 | professional development frameworks and quality tools. | ||||||
| 16 | Out-of-school time programs for school-age youth that | ||||||
| 17 | receive State or federal funds must comply with only those | ||||||
| 18 | staff qualifications and training standards set for the program | ||||||
| 19 | by the State or federal entity issuing the funds.
| ||||||
| 20 | For purposes of items (a), (b), (c), (d), and (i) of this | ||||||
| 21 | Section,
"children who shall have attained the age of 3 years" | ||||||
| 22 | shall mean children
who are 3 years of age, but less than 4 | ||||||
| 23 | years of age, at the time of
enrollment in the program.
| ||||||
| 24 | (Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16; | ||||||
| 25 | revised 10-27-16.)
| ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 10/7) (from Ch. 23, par. 2217)
| ||||||
| 2 | Sec. 7. (a) The Department must prescribe and publish | ||||||
| 3 | minimum standards
for licensing that apply to the various types | ||||||
| 4 | of facilities for child care
defined in this Act and that are | ||||||
| 5 | equally applicable to like institutions
under the control of | ||||||
| 6 | the Department and to foster family homes used by and
under the | ||||||
| 7 | direct supervision of the Department. The Department shall seek
| ||||||
| 8 | the advice and assistance of persons representative of the | ||||||
| 9 | various types of
child care facilities in establishing such | ||||||
| 10 | standards. The standards
prescribed and published under this | ||||||
| 11 | Act take effect as provided in the
Illinois Administrative | ||||||
| 12 | Procedure Act, and are restricted to
regulations pertaining to | ||||||
| 13 | the following matters and to any rules and regulations required | ||||||
| 14 | or permitted by any other Section of this Act:
| ||||||
| 15 | (1) The operation and conduct of the facility and | ||||||
| 16 | responsibility it
assumes for child care;
| ||||||
| 17 | (2) The character, suitability and qualifications of | ||||||
| 18 | the applicant and
other persons directly responsible for | ||||||
| 19 | the care and welfare of children
served. All child day care | ||||||
| 20 | center licensees and employees who are required
to
report | ||||||
| 21 | child abuse or neglect under the Abused and Neglected Child | ||||||
| 22 | Reporting
Act shall be required to attend training on | ||||||
| 23 | recognizing child abuse and
neglect, as prescribed by | ||||||
| 24 | Department rules;
| ||||||
| 25 | (3) The general financial ability and competence of the | ||||||
| 26 | applicant to
provide necessary care for children and to | ||||||
| |||||||
| |||||||
| 1 | maintain prescribed standards;
| ||||||
| 2 | (4) The number of individuals or staff required to | ||||||
| 3 | insure adequate
supervision and care of the children | ||||||
| 4 | received. The standards shall provide
that each child care | ||||||
| 5 | institution, maternity center, day care center,
group | ||||||
| 6 | home, day care home, and group day care home shall have on | ||||||
| 7 | its
premises during its hours of operation at
least one | ||||||
| 8 | staff member certified in first aid, in the Heimlich | ||||||
| 9 | maneuver and
in cardiopulmonary resuscitation by the | ||||||
| 10 | American Red Cross or other
organization approved by rule | ||||||
| 11 | of the Department. Child welfare agencies
shall not be | ||||||
| 12 | subject to such a staffing requirement. The Department may
| ||||||
| 13 | offer, or arrange for the offering, on a periodic basis in | ||||||
| 14 | each community
in this State in cooperation with the | ||||||
| 15 | American Red Cross, the American
Heart Association or other | ||||||
| 16 | appropriate organization, voluntary programs to
train | ||||||
| 17 | operators of foster family homes and day care homes in | ||||||
| 18 | first aid and
cardiopulmonary resuscitation;
| ||||||
| 19 | (5) The appropriateness, safety, cleanliness, and | ||||||
| 20 | general adequacy of the
premises, including maintenance of | ||||||
| 21 | adequate fire prevention and health
standards conforming | ||||||
| 22 | to State laws and municipal codes to provide for the
| ||||||
| 23 | physical comfort, care, and well-being of children | ||||||
| 24 | received;
| ||||||
| 25 | (6) Provisions for food, clothing, educational | ||||||
| 26 | opportunities, program,
equipment and individual supplies | ||||||
| |||||||
| |||||||
| 1 | to assure the healthy physical, mental,
and spiritual | ||||||
| 2 | development of children served;
| ||||||
| 3 | (7) Provisions to safeguard the legal rights of | ||||||
| 4 | children served;
| ||||||
| 5 | (8) Maintenance of records pertaining to the | ||||||
| 6 | admission, progress, health,
and discharge of children, | ||||||
| 7 | including, for day care centers and day care
homes, records | ||||||
| 8 | indicating each child has been immunized as required by | ||||||
| 9 | State
regulations. The Department shall require proof that | ||||||
| 10 | children enrolled in
a facility have been immunized against | ||||||
| 11 | Haemophilus Influenzae B (HIB);
| ||||||
| 12 | (9) Filing of reports with the Department;
| ||||||
| 13 | (10) Discipline of children;
| ||||||
| 14 | (11) Protection and fostering of the particular
| ||||||
| 15 | religious faith of the children served;
| ||||||
| 16 | (12) Provisions prohibiting firearms on day care | ||||||
| 17 | center premises
except in the possession of peace officers;
| ||||||
| 18 | (13) Provisions prohibiting handguns on day care home | ||||||
| 19 | premises except in
the possession of peace officers or | ||||||
| 20 | other adults who must possess a handgun
as a condition of | ||||||
| 21 | employment and who reside on the premises of a day care | ||||||
| 22 | home;
| ||||||
| 23 | (14) Provisions requiring that any firearm permitted | ||||||
| 24 | on day care home
premises, except handguns in the | ||||||
| 25 | possession of peace officers, shall be
kept in a | ||||||
| 26 | disassembled state, without ammunition, in locked storage,
| ||||||
| |||||||
| |||||||
| 1 | inaccessible to children and that ammunition permitted on | ||||||
| 2 | day care home
premises shall be kept in locked storage | ||||||
| 3 | separate from that of disassembled
firearms, inaccessible | ||||||
| 4 | to children;
| ||||||
| 5 | (15) Provisions requiring notification of parents or | ||||||
| 6 | guardians enrolling
children at a day care home of the | ||||||
| 7 | presence in the day care home of any
firearms and | ||||||
| 8 | ammunition and of the arrangements for the separate, locked
| ||||||
| 9 | storage of such firearms and ammunition; and
| ||||||
| 10 | (16) Provisions requiring all licensed child care | ||||||
| 11 | facility employees who care for newborns and infants to | ||||||
| 12 | complete training every 3 years on the nature of sudden | ||||||
| 13 | unexpected infant death (SUID), sudden infant death | ||||||
| 14 | syndrome (SIDS), and the safe sleep recommendations of the | ||||||
| 15 | American Academy of Pediatrics; and . | ||||||
| 16 | (17) With respect to foster family homes, provisions | ||||||
| 17 | requiring the Department to review quality of care concerns | ||||||
| 18 | and to consider those concerns in determining whether a | ||||||
| 19 | foster family home is qualified to care for children. | ||||||
| 20 | (b) If, in a facility for general child care, there are | ||||||
| 21 | children
diagnosed as mentally ill or children diagnosed as | ||||||
| 22 | having an intellectual or physical disability, who
are | ||||||
| 23 | determined to be in need of special mental treatment or of | ||||||
| 24 | nursing
care, or both mental treatment and nursing care, the | ||||||
| 25 | Department shall seek
the advice and recommendation of the | ||||||
| 26 | Department of Human Services,
the Department of Public Health, | ||||||
| |||||||
| |||||||
| 1 | or both
Departments regarding the residential treatment and | ||||||
| 2 | nursing care provided
by the institution.
| ||||||
| 3 | (c) The Department shall investigate any person applying to | ||||||
| 4 | be
licensed as a foster parent to determine whether there is | ||||||
| 5 | any evidence of
current drug or alcohol abuse in the | ||||||
| 6 | prospective foster family. The
Department shall not license a | ||||||
| 7 | person as a foster parent if drug or alcohol
abuse has been | ||||||
| 8 | identified in the foster family or if a reasonable suspicion
of | ||||||
| 9 | such abuse exists, except that the Department may grant a | ||||||
| 10 | foster parent
license to an applicant identified with an | ||||||
| 11 | alcohol or drug problem if the
applicant has successfully | ||||||
| 12 | participated in an alcohol or drug treatment
program, self-help | ||||||
| 13 | group, or other suitable activities and if the Department | ||||||
| 14 | determines that the foster family home can provide a safe, | ||||||
| 15 | appropriate environment and meet the physical and emotional | ||||||
| 16 | needs of children.
| ||||||
| 17 | (d) The Department, in applying standards prescribed and | ||||||
| 18 | published, as
herein provided, shall offer consultation | ||||||
| 19 | through employed staff or other
qualified persons to assist | ||||||
| 20 | applicants and licensees in meeting and
maintaining minimum | ||||||
| 21 | requirements for a license and to help them otherwise
to | ||||||
| 22 | achieve programs of excellence related to the care of children | ||||||
| 23 | served.
Such consultation shall include providing information | ||||||
| 24 | concerning education
and training in early childhood | ||||||
| 25 | development to providers of day care home
services. The | ||||||
| 26 | Department may provide or arrange for such education and
| ||||||
| |||||||
| |||||||
| 1 | training for those providers who request such assistance.
| ||||||
| 2 | (e) The Department shall distribute copies of licensing
| ||||||
| 3 | standards to all licensees and applicants for a license. Each | ||||||
| 4 | licensee or
holder of a permit shall distribute copies of the | ||||||
| 5 | appropriate licensing
standards and any other information | ||||||
| 6 | required by the Department to child
care facilities under its | ||||||
| 7 | supervision. Each licensee or holder of a permit
shall maintain | ||||||
| 8 | appropriate documentation of the distribution of the
| ||||||
| 9 | standards. Such documentation shall be part of the records of | ||||||
| 10 | the facility
and subject to inspection by authorized | ||||||
| 11 | representatives of the Department.
| ||||||
| 12 | (f) The Department shall prepare summaries of day care | ||||||
| 13 | licensing
standards. Each licensee or holder of a permit for a | ||||||
| 14 | day care facility
shall distribute a copy of the appropriate | ||||||
| 15 | summary and any other
information required by the Department, | ||||||
| 16 | to the legal guardian of each child
cared for in that facility | ||||||
| 17 | at the time when the child is enrolled or
initially placed in | ||||||
| 18 | the facility. The licensee or holder of a permit for a
day care | ||||||
| 19 | facility shall secure appropriate documentation of the
| ||||||
| 20 | distribution of the summary and brochure. Such documentation | ||||||
| 21 | shall be a
part of the records of the facility and subject to | ||||||
| 22 | inspection by an
authorized representative of the Department.
| ||||||
| 23 | (g) The Department shall distribute to each licensee and
| ||||||
| 24 | holder of a permit copies of the licensing or permit standards | ||||||
| 25 | applicable
to such person's facility. Each licensee or holder | ||||||
| 26 | of a permit shall make
available by posting at all times in a | ||||||
| |||||||
| |||||||
| 1 | common or otherwise accessible area
a complete and current set | ||||||
| 2 | of licensing standards in order that all
employees of the | ||||||
| 3 | facility may have unrestricted access to such standards.
All | ||||||
| 4 | employees of the facility shall have reviewed the standards and | ||||||
| 5 | any
subsequent changes. Each licensee or holder of a permit | ||||||
| 6 | shall maintain
appropriate documentation of the current review | ||||||
| 7 | of licensing standards by
all employees. Such records shall be | ||||||
| 8 | part of the records of the facility
and subject to inspection | ||||||
| 9 | by authorized representatives of the Department.
| ||||||
| 10 | (h) Any standards involving physical examinations, | ||||||
| 11 | immunization,
or medical treatment shall include appropriate | ||||||
| 12 | exemptions for children
whose parents object thereto on the | ||||||
| 13 | grounds that they conflict with the
tenets and practices of a | ||||||
| 14 | recognized church or religious organization, of
which the | ||||||
| 15 | parent is an adherent or member, and for children who should | ||||||
| 16 | not
be subjected to immunization for clinical reasons.
| ||||||
| 17 | (i) The Department, in cooperation with the Department of | ||||||
| 18 | Public Health, shall work to increase immunization awareness | ||||||
| 19 | and participation among parents of children enrolled in day | ||||||
| 20 | care centers and day care homes by publishing on the | ||||||
| 21 | Department's website information about the benefits of | ||||||
| 22 | immunization against vaccine preventable diseases, including | ||||||
| 23 | influenza and pertussis. The information for vaccine | ||||||
| 24 | preventable diseases shall include the incidence and severity | ||||||
| 25 | of the diseases, the availability of vaccines, and the | ||||||
| 26 | importance of immunizing children and persons who frequently | ||||||
| |||||||
| |||||||
| 1 | have close contact with children. The website content shall be | ||||||
| 2 | reviewed annually in collaboration with the Department of | ||||||
| 3 | Public Health to reflect the most current recommendations of | ||||||
| 4 | the Advisory Committee on Immunization Practices (ACIP). The | ||||||
| 5 | Department shall work with day care centers and day care homes | ||||||
| 6 | licensed under this Act to ensure that the information is | ||||||
| 7 | annually distributed to parents in August or September. | ||||||
| 8 | (j) Any standard adopted by the Department that requires an | ||||||
| 9 | applicant for a license to operate a day care home to include a | ||||||
| 10 | copy of a high school diploma or equivalent certificate with | ||||||
| 11 | his or her application shall be deemed to be satisfied if the | ||||||
| 12 | applicant includes a copy of a high school diploma or | ||||||
| 13 | equivalent certificate or a copy of a degree from an accredited | ||||||
| 14 | institution of higher education or vocational institution or | ||||||
| 15 | equivalent certificate. | ||||||
| 16 | (Source: P.A. 98-817, eff. 1-1-15; 99-143, eff. 7-27-15; | ||||||
| 17 | 99-779, eff. 1-1-17; revised 10-27-16.)
| ||||||
| 18 | (225 ILCS 10/14.6)
| ||||||
| 19 | Sec. 14.6. Agency payment of salaries or other | ||||||
| 20 | compensation.
| ||||||
| 21 | (a) A licensed child welfare agency may pay salaries or | ||||||
| 22 | other compensation to its officers, employees, agents, | ||||||
| 23 | contractors, or any other persons acting on its behalf for | ||||||
| 24 | providing adoption services, provided that all of the following | ||||||
| 25 | limitations apply: | ||||||
| |||||||
| |||||||
| 1 | (1) The fees, wages, salaries, or other compensation of | ||||||
| 2 | any description paid to the officers, employees, | ||||||
| 3 | contractors, or any other person acting on behalf of a | ||||||
| 4 | child welfare agency providing adoption services shall not | ||||||
| 5 | be unreasonably high in relation to the services actually | ||||||
| 6 | rendered. Every form of compensation shall be taken into | ||||||
| 7 | account in determining whether fees, wages, salaries, or | ||||||
| 8 | compensation are unreasonably high, including, but not | ||||||
| 9 | limited to, salary, bonuses, deferred and non-cash | ||||||
| 10 | compensation, retirement funds, medical and liability | ||||||
| 11 | insurance, loans, and other benefits such as the use, | ||||||
| 12 | purchase, or lease of vehicles, expense accounts, and food, | ||||||
| 13 | housing, and clothing allowances. | ||||||
| 14 | (2) Any earnings, if applicable, or compensation paid | ||||||
| 15 | to the child welfare agency's directors, stockholders, or | ||||||
| 16 | members of its governing body shall not be unreasonably | ||||||
| 17 | high in relation to the services rendered. | ||||||
| 18 | (3) Persons providing adoption services for a child | ||||||
| 19 | welfare agency may be compensated only for services | ||||||
| 20 | actually rendered and only on a fee-for-service, hourly | ||||||
| 21 | wage, or salary basis. | ||||||
| 22 | (b) The Department may adopt rules setting forth the | ||||||
| 23 | criteria to determine what constitutes unreasonably high fees | ||||||
| 24 | and compensation as those terms are used in this Section. In | ||||||
| 25 | determining the reasonableness of fees, wages, salaries, and | ||||||
| 26 | compensation under paragraphs (1) and (2) of subsection (a) of | ||||||
| |||||||
| |||||||
| 1 | this Section, the Department shall take into account the | ||||||
| 2 | location, number, and qualifications of staff, workload | ||||||
| 3 | requirements, budget, and size of the agency or person and | ||||||
| 4 | available norms for compensation within the adoption | ||||||
| 5 | community. Every licensed child welfare agency providing | ||||||
| 6 | adoption services shall provide the Department and the Attorney | ||||||
| 7 | General with a report, on an annual basis, providing a | ||||||
| 8 | description of the fees, wages, salaries and other compensation | ||||||
| 9 | described in paragraphs (1), (2), and (3) of subsection (a) of | ||||||
| 10 | this Section. Nothing in Section 12C-70 of the Criminal Code of | ||||||
| 11 | 2012 shall be construed to prevent a child welfare agency from | ||||||
| 12 | charging fees or the payment of salaries and compensation as | ||||||
| 13 | limited in this Section and any applicable Section of this Act | ||||||
| 14 | or the Adoption Act. | ||||||
| 15 | (c) This Section does not apply to international adoption | ||||||
| 16 | services performed by those child welfare agencies governed by | ||||||
| 17 | the 1993 Hague Convention on Protection of Children and | ||||||
| 18 | Cooperation in Respect of Intercountry Adoption and the | ||||||
| 19 | Intercountry Adoption Act of 2000. | ||||||
| 20 | (d) Eligible agencies may be deemed compliant with this | ||||||
| 21 | Section.
| ||||||
| 22 | (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
| 23 | revised 9-14-16.)
| ||||||
| 24 | Section 460. The Clinical Social Work and Social Work | ||||||
| 25 | Practice Act is amended by changing Section 3 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 20/3) (from Ch. 111, par. 6353)
| ||||||
| 2 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
| 3 | Sec. 3. Definitions. : The following words and phrases shall | ||||||
| 4 | have the
meanings ascribed to them in this Section unless the | ||||||
| 5 | context clearly
indicates otherwise:
| ||||||
| 6 | 1. "Department" means the Department of Financial and
| ||||||
| 7 | Professional Regulation.
| ||||||
| 8 | 2. "Secretary" means the Secretary of Financial and | ||||||
| 9 | Professional
Regulation.
| ||||||
| 10 | 3. "Board" means the Social Work Examining and Disciplinary | ||||||
| 11 | Board.
| ||||||
| 12 | 4. "Licensed Clinical Social Worker" means a person who | ||||||
| 13 | holds a license
authorizing the independent practice of | ||||||
| 14 | clinical social work in Illinois
under the auspices of an | ||||||
| 15 | employer or in private practice or under the auspices of public | ||||||
| 16 | human service agencies or private, nonprofit agencies | ||||||
| 17 | providing publicly sponsored human services.
| ||||||
| 18 | 5. "Clinical social work practice" means the providing of | ||||||
| 19 | mental health
services for the evaluation, treatment, and | ||||||
| 20 | prevention of mental and
emotional disorders in individuals, | ||||||
| 21 | families, and groups based on knowledge
and theory of | ||||||
| 22 | professionally accepted theoretical structures, including, but | ||||||
| 23 | not limited to, psychosocial development, behavior, | ||||||
| 24 | psychopathology,
unconscious motivation, interpersonal | ||||||
| 25 | relationships, and environmental stress.
| ||||||
| |||||||
| |||||||
| 1 | 6. "Treatment procedures" means among other things, | ||||||
| 2 | individual,
marital, family, and group psychotherapy.
| ||||||
| 3 | 7. "Independent practice of clinical social work" means the | ||||||
| 4 | application
of clinical social work knowledge and skills by a | ||||||
| 5 | licensed clinical social
worker who regulates and is | ||||||
| 6 | responsible for her or his own practice or
treatment | ||||||
| 7 | procedures.
| ||||||
| 8 | 8. "License" means that which is required to practice | ||||||
| 9 | clinical social
work or social work under this Act, the | ||||||
| 10 | qualifications for which include specific
education, | ||||||
| 11 | acceptable experience, and examination requirements.
| ||||||
| 12 | 9. "Licensed social worker" means a person who holds a | ||||||
| 13 | license authorizing
the practice of social work, which includes | ||||||
| 14 | social services to individuals,
groups or communities in any | ||||||
| 15 | one
or more of the fields of social casework, social group | ||||||
| 16 | work, community
organization for social welfare, social work | ||||||
| 17 | research, social welfare
administration, or social work | ||||||
| 18 | education. Social casework and social group
work may also | ||||||
| 19 | include clinical social work, as long as it is not conducted
in | ||||||
| 20 | an independent practice, as defined in this Section. | ||||||
| 21 | 10. "Address of record" means the address recorded by the | ||||||
| 22 | Department in the applicant's or licensee's application file or | ||||||
| 23 | license file, as maintained by the Department's licensure | ||||||
| 24 | maintenance unit.
| ||||||
| 25 | (Source: P.A. 95-687, eff. 10-23-07; revised 9-14-16.)
| ||||||
| |||||||
| |||||||
| 1 | Section 465. The Illinois Dental Practice Act is amended by | ||||||
| 2 | changing Sections 8.1 and 44 as follows:
| ||||||
| 3 | (225 ILCS 25/8.1) (from Ch. 111, par. 2308.1)
| ||||||
| 4 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
| 5 | Sec. 8.1. Permit for the administration of anesthesia and | ||||||
| 6 | sedation.
| ||||||
| 7 | (a) No licensed dentist shall administer general | ||||||
| 8 | anesthesia, deep sedation, or
conscious sedation without first | ||||||
| 9 | applying for and obtaining a
permit for such purpose from the | ||||||
| 10 | Department. The Department shall issue
such permit only after | ||||||
| 11 | ascertaining that the applicant possesses the
minimum | ||||||
| 12 | qualifications necessary to protect public safety. A person | ||||||
| 13 | with a
dental degree who administers anesthesia, deep sedation,
| ||||||
| 14 | or conscious sedation
in an
approved
hospital training program | ||||||
| 15 | under the supervision of either a licensed
dentist holding such | ||||||
| 16 | permit or a physician licensed to practice medicine in
all its | ||||||
| 17 | branches shall not be required to obtain such permit.
| ||||||
| 18 | (b) In determining the minimum permit qualifications that | ||||||
| 19 | are necessary to protect public safety, the Department, by | ||||||
| 20 | rule, shall: | ||||||
| 21 | (1) establish the minimum educational and training | ||||||
| 22 | requirements necessary for a dentist to be issued an | ||||||
| 23 | appropriate permit; | ||||||
| 24 | (2) establish the standards for properly equipped | ||||||
| 25 | dental facilities (other than licensed hospitals and | ||||||
| |||||||
| |||||||
| 1 | ambulatory surgical treatment centers) in which general | ||||||
| 2 | anesthesia, deep sedation, or conscious sedation is | ||||||
| 3 | administered, as necessary to protect public safety; | ||||||
| 4 | (3) establish minimum requirements for all persons who | ||||||
| 5 | assist the dentist in the administration of general | ||||||
| 6 | anesthesia, deep sedation, or conscious sedation, | ||||||
| 7 | including minimum training requirements for each member of | ||||||
| 8 | the dental team, monitoring requirements, recordkeeping | ||||||
| 9 | requirements, and emergency procedures; and | ||||||
| 10 | (4) ensure that the dentist and all persons assisting | ||||||
| 11 | the dentist or monitoring the administration of general | ||||||
| 12 | anesthesia, deep sedation, or conscious sedation maintain | ||||||
| 13 | current certification in Basic Life Support (BLS); and . | ||||||
| 14 | (5) establish continuing education requirements in | ||||||
| 15 | sedation techniques for dentists who possess a permit under | ||||||
| 16 | this Section. | ||||||
| 17 | When establishing requirements under this Section, the | ||||||
| 18 | Department shall consider the current American Dental | ||||||
| 19 | Association guidelines on sedation and general anesthesia, the | ||||||
| 20 | current "Guidelines for Monitoring and Management of Pediatric | ||||||
| 21 | Patients During and After Sedation for Diagnostic and | ||||||
| 22 | Therapeutic Procedures" established by the American Academy of | ||||||
| 23 | Pediatrics and the American Academy of Pediatric Dentistry, and | ||||||
| 24 | the current parameters of care and Office Anesthesia Evaluation | ||||||
| 25 | (OAE) Manual established by the American Association of Oral | ||||||
| 26 | and Maxillofacial Surgeons. | ||||||
| |||||||
| |||||||
| 1 | (c) A licensed dentist must hold an appropriate permit | ||||||
| 2 | issued under this Section in order to perform dentistry while a | ||||||
| 3 | nurse anesthetist administers conscious sedation, and a valid | ||||||
| 4 | written collaborative agreement must exist between the dentist | ||||||
| 5 | and the nurse anesthetist, in accordance with the Nurse
| ||||||
| 6 | Practice Act. | ||||||
| 7 | A licensed dentist must hold an appropriate permit issued | ||||||
| 8 | under this Section in order to perform dentistry while a nurse | ||||||
| 9 | anesthetist administers deep sedation or general anesthesia, | ||||||
| 10 | and a valid written collaborative agreement must exist between | ||||||
| 11 | the dentist and the nurse anesthetist, in accordance with the | ||||||
| 12 | Nurse
Practice Act. | ||||||
| 13 | For the purposes of this subsection (c), "nurse | ||||||
| 14 | anesthetist" means a licensed certified registered nurse | ||||||
| 15 | anesthetist who holds a license as an advanced practice nurse.
| ||||||
| 16 | (Source: P.A. 95-399, eff. 1-1-08; 95-639, eff. 1-1-08; 96-328, | ||||||
| 17 | eff. 8-11-09; revised 10-27-16.)
| ||||||
| 18 | (225 ILCS 25/44) (from Ch. 111, par. 2344)
| ||||||
| 19 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
| 20 | Sec. 44. Practice by corporations prohibited; exceptions | ||||||
| 21 | prohibited. Exceptions. No corporation
shall practice | ||||||
| 22 | dentistry or engage therein, or hold itself out as being
| ||||||
| 23 | entitled to practice dentistry, or furnish dental services or | ||||||
| 24 | dentists, or
advertise under or assume the title of dentist or | ||||||
| 25 | dental surgeon or equivalent
title, or furnish dental advice | ||||||
| |||||||
| |||||||
| 1 | for any compensation, or advertise or hold
itself out with any | ||||||
| 2 | other person or alone, that it has or owns a dental office
or | ||||||
| 3 | can furnish dental service or dentists, or solicit through | ||||||
| 4 | itself, or its
agents, officers, employees, directors or | ||||||
| 5 | trustees, dental patronage for any
dentist employed by any | ||||||
| 6 | corporation.
| ||||||
| 7 | Nothing contained in this Act, however, shall:
| ||||||
| 8 | (a) prohibit a corporation from employing a dentist or | ||||||
| 9 | dentists to render
dental services to its employees, | ||||||
| 10 | provided that such dental services shall
be rendered at no | ||||||
| 11 | cost or charge to the employees;
| ||||||
| 12 | (b) prohibit a corporation or association from | ||||||
| 13 | providing dental services
upon a wholly charitable basis to | ||||||
| 14 | deserving recipients;
| ||||||
| 15 | (c) prohibit a corporation or association from | ||||||
| 16 | furnishing information or
clerical services which can be | ||||||
| 17 | furnished by persons not licensed to practice
dentistry, to | ||||||
| 18 | any dentist when such dentist assumes full responsibility | ||||||
| 19 | for
such information or services;
| ||||||
| 20 | (d) prohibit dental corporations as authorized by the
| ||||||
| 21 | Professional Service Corporation Act, dental associations | ||||||
| 22 | as authorized by
the Professional Association Act, or | ||||||
| 23 | dental limited liability companies as
authorized by the | ||||||
| 24 | Limited Liability Company Act;
| ||||||
| 25 | (e) prohibit dental limited liability partnerships as | ||||||
| 26 | authorized by the
Uniform Partnership Act (1997);
| ||||||
| |||||||
| |||||||
| 1 | (f) prohibit hospitals, public health clinics, | ||||||
| 2 | federally qualified
health centers, or other entities | ||||||
| 3 | specified by rule of the Department from
providing dental | ||||||
| 4 | services; or
| ||||||
| 5 | (g) prohibit dental management service organizations | ||||||
| 6 | from providing
non-clinical business services that do not | ||||||
| 7 | violate the provisions of this
Act.
| ||||||
| 8 | Any corporation violating the provisions of this Section is | ||||||
| 9 | guilty of a
Class A misdemeanor and each day that this Act is | ||||||
| 10 | violated shall be
considered a separate offense.
| ||||||
| 11 | If a dental management service organization is responsible | ||||||
| 12 | for enrolling the dentist as a provider in managed care plans | ||||||
| 13 | provider networks, it shall provide verification to the managed | ||||||
| 14 | care provider network regarding whether the provider is | ||||||
| 15 | accepting new patients at each of the specific locations | ||||||
| 16 | listing the provider. | ||||||
| 17 | Nothing in this Section shall void any contractual | ||||||
| 18 | relationship between the provider and the organization. | ||||||
| 19 | (Source: P.A. 99-329, eff. 1-1-16; revised 10-27-16.)
| ||||||
| 20 | Section 470. The Environmental Health Practitioner | ||||||
| 21 | Licensing Act is amended by changing Section 10 as follows:
| ||||||
| 22 | (225 ILCS 37/10)
| ||||||
| 23 | (Section scheduled to be repealed on January 1, 2019)
| ||||||
| 24 | Sec. 10. Definitions. As used in this Act:
| ||||||
| |||||||
| |||||||
| 1 | "Board" means the Board of Environmental Health | ||||||
| 2 | Practitioners Board as created
in this Act.
| ||||||
| 3 | "Department" means the Department of Professional | ||||||
| 4 | Regulation.
| ||||||
| 5 | "Director" means the Director of Professional Regulation.
| ||||||
| 6 | "Environmental health inspector" means an individual who, | ||||||
| 7 | in support
of and under the general supervision of a licensed | ||||||
| 8 | environmental health
practitioner or licensed professional | ||||||
| 9 | engineer, practices environmental
health and meets the | ||||||
| 10 | educational qualifications of an environmental health
| ||||||
| 11 | inspector.
| ||||||
| 12 | "Environmental health practice" is the practice of | ||||||
| 13 | environmental
health by licensed environmental health | ||||||
| 14 | practitioners within the meaning
of this Act and includes, but | ||||||
| 15 | is not limited to, the following areas of
professional | ||||||
| 16 | activities: milk and food sanitation; protection and | ||||||
| 17 | regulation
of private water supplies; private waste water | ||||||
| 18 | management; domestic solid
waste disposal practices; | ||||||
| 19 | institutional health and safety; and consultation
and | ||||||
| 20 | education in these fields.
| ||||||
| 21 | "Environmental health practitioner in training" means a | ||||||
| 22 | person licensed
under this Act who meets the educational | ||||||
| 23 | qualifications of a licensed
environmental health practitioner | ||||||
| 24 | and practices environmental health in
support of and under the | ||||||
| 25 | general supervision of a licensed environmental
health | ||||||
| 26 | practitioner or licensed professional engineer, but has not | ||||||
| |||||||
| |||||||
| 1 | passed the
licensed environmental health practitioner | ||||||
| 2 | examination administered by the
Department.
| ||||||
| 3 | "License" means the authorization issued by the Department | ||||||
| 4 | permitting the
person named on the authorization to practice | ||||||
| 5 | environmental health as
defined in this Act.
| ||||||
| 6 | "Licensed environmental health practitioner" is a person | ||||||
| 7 | who,
by virtue of education and experience in the physical, | ||||||
| 8 | chemical,
biological, and environmental health sciences, is | ||||||
| 9 | especially trained to
organize, implement, and manage | ||||||
| 10 | environmental health programs, trained to
carry out education | ||||||
| 11 | and enforcement activities for the promotion and
protection of | ||||||
| 12 | the public health and environment, and is licensed as an
| ||||||
| 13 | environmental health practitioner under this Act.
| ||||||
| 14 | (Source: P.A. 92-837, eff. 8-22-02; revised 10-27-16.)
| ||||||
| 15 | Section 475. The Funeral Directors and Embalmers Licensing | ||||||
| 16 | Code is amended by changing Section 15-75 as follows:
| ||||||
| 17 | (225 ILCS 41/15-75) | ||||||
| 18 | (Section scheduled to be repealed on January 1, 2023) | ||||||
| 19 | Sec. 15-75. Violations; grounds for discipline; penalties. | ||||||
| 20 | (a) Each of the following acts is a Class A misdemeanor
for | ||||||
| 21 | the first offense, and a Class 4 felony for each subsequent | ||||||
| 22 | offense.
These penalties shall also apply to unlicensed owners | ||||||
| 23 | of funeral homes. | ||||||
| 24 | (1) Practicing the profession of funeral directing and | ||||||
| |||||||
| |||||||
| 1 | embalming or
funeral directing, or attempting to practice | ||||||
| 2 | the profession of funeral
directing and embalming or | ||||||
| 3 | funeral directing without a license as a
funeral director | ||||||
| 4 | and embalmer or funeral director. | ||||||
| 5 | (2) Serving or attempting to serve as an intern under a | ||||||
| 6 | licensed funeral
director
and embalmer
without a license as | ||||||
| 7 | a licensed funeral director and embalmer intern. | ||||||
| 8 | (3) Obtaining or attempting to obtain a license, | ||||||
| 9 | practice or business,
or any other thing of value, by fraud | ||||||
| 10 | or misrepresentation. | ||||||
| 11 | (4) Permitting any person in one's employ, under one's | ||||||
| 12 | control or in or
under one's service to serve as a funeral | ||||||
| 13 | director and embalmer, funeral
director, or funeral | ||||||
| 14 | director and embalmer intern when the
person does not have | ||||||
| 15 | the appropriate license. | ||||||
| 16 | (5) Failing to display a license as required by this | ||||||
| 17 | Code. | ||||||
| 18 | (6) Giving false information or making a false oath or | ||||||
| 19 | affidavit
required by this Code. | ||||||
| 20 | (b) The Department may refuse to issue or renew, revoke, | ||||||
| 21 | suspend, place on probation or administrative supervision, | ||||||
| 22 | reprimand, or take other disciplinary or non-disciplinary | ||||||
| 23 | action as the Department may deem appropriate, including | ||||||
| 24 | imposing fines not to exceed $10,000 for each violation, with | ||||||
| 25 | regard to any license under the Code for any one or combination | ||||||
| 26 | of the following: | ||||||
| |||||||
| |||||||
| 1 | (1) Fraud or any misrepresentation in applying for or | ||||||
| 2 | procuring a license under this Code or in connection with | ||||||
| 3 | applying for renewal of a license under this Code. | ||||||
| 4 | (2) For licenses, conviction by plea of guilty or nolo | ||||||
| 5 | contendere, finding of guilt, jury verdict, or entry of | ||||||
| 6 | judgment or by sentencing of any crime, including, but not | ||||||
| 7 | limited to, convictions, preceding sentences of | ||||||
| 8 | supervision, conditional discharge, or first offender | ||||||
| 9 | probation, under the laws of any jurisdiction of the United | ||||||
| 10 | States: (i) that is a felony or (ii) that is a misdemeanor, | ||||||
| 11 | an essential element of which is dishonesty, or that is | ||||||
| 12 | directly related to the practice of the profession and, for | ||||||
| 13 | initial applicants, convictions set forth in Section 15-72 | ||||||
| 14 | of this Act. | ||||||
| 15 | (3) Violation of the laws of this State relating to the | ||||||
| 16 | funeral, burial
or disposition of deceased human bodies or | ||||||
| 17 | of the rules and regulations of the
Department, or the | ||||||
| 18 | Department of Public Health. | ||||||
| 19 | (4) Directly or indirectly paying or causing to be paid | ||||||
| 20 | any sum of money
or other valuable consideration for the | ||||||
| 21 | securing of business or for
obtaining authority to dispose | ||||||
| 22 | of any deceased human body. | ||||||
| 23 | (5) Professional incompetence, gross negligence, | ||||||
| 24 | malpractice, or untrustworthiness in the practice of | ||||||
| 25 | funeral
directing and embalming or funeral directing. | ||||||
| 26 | (6) (Blank). | ||||||
| |||||||
| |||||||
| 1 | (7) Engaging in, promoting, selling, or issuing burial | ||||||
| 2 | contracts, burial
certificates, or burial insurance | ||||||
| 3 | policies in connection with the
profession as a funeral | ||||||
| 4 | director and embalmer, funeral director, or funeral
| ||||||
| 5 | director and embalmer intern in violation of any laws of | ||||||
| 6 | the
State
of Illinois. | ||||||
| 7 | (8) Refusing, without cause, to surrender the custody | ||||||
| 8 | of a deceased
human body upon the proper request of the | ||||||
| 9 | person or persons lawfully
entitled to the custody of the | ||||||
| 10 | body. | ||||||
| 11 | (9) Taking undue advantage of a client or clients as to | ||||||
| 12 | amount to the
perpetration of fraud. | ||||||
| 13 | (10) Engaging in funeral directing and embalming or | ||||||
| 14 | funeral
directing without a license. | ||||||
| 15 | (11) Encouraging, requesting, or suggesting by a | ||||||
| 16 | licensee or some person
working on his behalf and with his | ||||||
| 17 | consent for compensation that a person
utilize the services | ||||||
| 18 | of a certain funeral director and embalmer, funeral
| ||||||
| 19 | director, or funeral establishment unless that information | ||||||
| 20 | has
been expressly requested by the person. This does not | ||||||
| 21 | prohibit general
advertising or pre-need solicitation. | ||||||
| 22 | (12) Making or causing to be made any false or | ||||||
| 23 | misleading statements
about the laws concerning the | ||||||
| 24 | disposition of human remains, including, but not
limited | ||||||
| 25 | to, the need to embalm, the need for a casket for cremation | ||||||
| 26 | or the
need for an outer burial container. | ||||||
| |||||||
| |||||||
| 1 | (13) (Blank). | ||||||
| 2 | (14) Embalming or attempting to embalm a deceased human | ||||||
| 3 | body without
express prior authorization of the person | ||||||
| 4 | responsible for making the
funeral arrangements for the | ||||||
| 5 | body. This does not apply to cases where
embalming is | ||||||
| 6 | directed by local authorities who have jurisdiction or when
| ||||||
| 7 | embalming is required by State or local law. A licensee may | ||||||
| 8 | embalm without express prior authorization if a good faith | ||||||
| 9 | effort has been made to contact family members and has been | ||||||
| 10 | unsuccessful and the licensee has no reason to believe the | ||||||
| 11 | family opposes embalming. | ||||||
| 12 | (15) Making a false statement on a Certificate of Death | ||||||
| 13 | where the
person making the statement knew or should have | ||||||
| 14 | known that the statement
was false. | ||||||
| 15 | (16) Soliciting human bodies after death or while death | ||||||
| 16 | is imminent. | ||||||
| 17 | (17) Performing any act or practice that is a violation
| ||||||
| 18 | of this Code, the rules for the administration of this | ||||||
| 19 | Code, or any
federal,
State or local laws, rules, or | ||||||
| 20 | regulations
governing the practice of funeral directing or | ||||||
| 21 | embalming. | ||||||
| 22 | (18) Performing any act or practice that is a violation | ||||||
| 23 | of Section 2 of
the Consumer Fraud and Deceptive Business | ||||||
| 24 | Practices Act. | ||||||
| 25 | (19) Engaging in dishonorable, unethical, or | ||||||
| 26 | unprofessional conduct of a character
likely to deceive, | ||||||
| |||||||
| |||||||
| 1 | defraud or harm the public. | ||||||
| 2 | (20) Taking possession of a dead human body without | ||||||
| 3 | having first
obtained express permission from the person | ||||||
| 4 | holding the right to control the disposition in accordance | ||||||
| 5 | with Section 5 of the Disposition of Remains Act or a | ||||||
| 6 | public agency legally
authorized to direct, control or | ||||||
| 7 | permit the removal of deceased human bodies. | ||||||
| 8 | (21) Advertising in a false or misleading manner or | ||||||
| 9 | advertising using
the name of an unlicensed person in | ||||||
| 10 | connection with any service being
rendered in the practice | ||||||
| 11 | of funeral directing or funeral directing and
embalming. | ||||||
| 12 | The use of any name of an unlicensed or unregistered person | ||||||
| 13 | in
an advertisement so as to imply that the person will | ||||||
| 14 | perform services is
considered misleading advertising. | ||||||
| 15 | Nothing in this paragraph shall prevent
including the name | ||||||
| 16 | of any owner, officer or corporate director of a funeral
| ||||||
| 17 | home, who is not a licensee, in any advertisement used by a | ||||||
| 18 | funeral home
with which the individual is affiliated, if | ||||||
| 19 | the advertisement specifies
the individual's affiliation | ||||||
| 20 | with the funeral home. | ||||||
| 21 | (22) Charging for professional services not rendered, | ||||||
| 22 | including filing false statements for the collection of | ||||||
| 23 | fees for which services are not rendered. | ||||||
| 24 | (23) Failing to account for or remit any monies, | ||||||
| 25 | documents, or personal
property that belongs to others that | ||||||
| 26 | comes into a licensee's possession. | ||||||
| |||||||
| |||||||
| 1 | (24) Treating any person differently to his detriment | ||||||
| 2 | because of
race, color, creed, gender, religion, or | ||||||
| 3 | national origin. | ||||||
| 4 | (25) Knowingly making any false statements, oral or | ||||||
| 5 | otherwise, of a
character likely to influence, persuade or | ||||||
| 6 | induce others in the course of
performing professional | ||||||
| 7 | services or activities. | ||||||
| 8 | (26) Willfully making or filing false records or | ||||||
| 9 | reports in the practice
of funeral directing and embalming, | ||||||
| 10 | including, but not limited to, false records filed with | ||||||
| 11 | State agencies or departments. | ||||||
| 12 | (27) Failing to acquire continuing education required | ||||||
| 13 | under this Code. | ||||||
| 14 | (28) (Blank). | ||||||
| 15 | (29) Aiding or assisting another person in violating | ||||||
| 16 | any provision of this Code or rules adopted pursuant to | ||||||
| 17 | this Code. | ||||||
| 18 | (30) Failing within 10 days, to provide information in | ||||||
| 19 | response to a written request made by the Department. | ||||||
| 20 | (31) Discipline by another state, District of | ||||||
| 21 | Columbia, territory, foreign nation, or governmental | ||||||
| 22 | agency, if at least one of the grounds for the discipline | ||||||
| 23 | is the same or substantially equivalent to those set forth | ||||||
| 24 | in this Section. | ||||||
| 25 | (32) (Blank). | ||||||
| 26 | (33) Mental illness or disability which results in the | ||||||
| |||||||
| |||||||
| 1 | inability to practice the profession with reasonable | ||||||
| 2 | judgment, skill, or safety. | ||||||
| 3 | (34) Gross, willful, or continued overcharging for | ||||||
| 4 | professional services, including filing false statements | ||||||
| 5 | for collection of fees for which services are not rendered. | ||||||
| 6 | (35) Physical illness, including, but not limited to, | ||||||
| 7 | deterioration through the aging process or loss of motor | ||||||
| 8 | skill which results in a licensee's inability to practice | ||||||
| 9 | under this Code with reasonable judgment, skill, or safety. | ||||||
| 10 | (36) Failing to comply with any of the following | ||||||
| 11 | required activities: | ||||||
| 12 | (A) When reasonably possible, a funeral director | ||||||
| 13 | licensee or funeral director and embalmer licensee or | ||||||
| 14 | anyone acting on his or
her behalf shall obtain the | ||||||
| 15 | express authorization of the person or persons
| ||||||
| 16 | responsible for making the funeral arrangements for a | ||||||
| 17 | deceased human body
prior to removing a body from the | ||||||
| 18 | place of death or any place it may be or
embalming or | ||||||
| 19 | attempting to embalm a deceased human body, unless | ||||||
| 20 | required by
State or local law. This requirement is | ||||||
| 21 | waived whenever removal or
embalming is directed by | ||||||
| 22 | local authorities who have jurisdiction.
If the | ||||||
| 23 | responsibility for the handling of the remains | ||||||
| 24 | lawfully falls under
the jurisdiction of a public | ||||||
| 25 | agency, then the regulations of the public
agency shall | ||||||
| 26 | prevail. | ||||||
| |||||||
| |||||||
| 1 | (B) A licensee shall clearly mark the price of any | ||||||
| 2 | casket offered for
sale or the price of any service | ||||||
| 3 | using the casket on or in the casket if
the casket is | ||||||
| 4 | displayed at the funeral establishment. If the casket | ||||||
| 5 | is
displayed at any other location, regardless of | ||||||
| 6 | whether the licensee is in
control of that location, | ||||||
| 7 | the casket shall be clearly marked and the
registrant | ||||||
| 8 | shall use books, catalogues, brochures, or other | ||||||
| 9 | printed display
aids to show the price of each casket | ||||||
| 10 | or service. | ||||||
| 11 | (C) At the time funeral arrangements are made and | ||||||
| 12 | prior to rendering the
funeral services, a licensee | ||||||
| 13 | shall furnish a written statement of services to be
| ||||||
| 14 | retained by the person or persons making the funeral | ||||||
| 15 | arrangements, signed
by both parties, that shall | ||||||
| 16 | contain: (i) the name, address and telephone number
of | ||||||
| 17 | the funeral establishment and the date on which the | ||||||
| 18 | arrangements were made;
(ii) the price of the service | ||||||
| 19 | selected and the services and merchandise
included for | ||||||
| 20 | that price; (iii) a clear disclosure that the person or | ||||||
| 21 | persons
making the arrangement may decline and receive | ||||||
| 22 | credit for any service or
merchandise not desired and | ||||||
| 23 | not required by law or the funeral director or the
| ||||||
| 24 | funeral director and embalmer; (iv) the supplemental | ||||||
| 25 | items of service and
merchandise requested and the | ||||||
| 26 | price of each item; (v) the terms or method of
payment | ||||||
| |||||||
| |||||||
| 1 | agreed upon; and (vi) a statement as to any monetary | ||||||
| 2 | advances made by
the registrant on behalf of the | ||||||
| 3 | family. The licensee shall maintain a copy of the | ||||||
| 4 | written statement of services in its permanent | ||||||
| 5 | records. All written statements of services are | ||||||
| 6 | subject to inspection by the Department. | ||||||
| 7 | (D) In all instances where the place of final | ||||||
| 8 | disposition of a deceased human body or the cremated | ||||||
| 9 | remains of a deceased human body is a cemetery, the | ||||||
| 10 | licensed funeral director and embalmer, or licensed | ||||||
| 11 | funeral director, who has been engaged to provide | ||||||
| 12 | funeral or embalming services shall remain at the | ||||||
| 13 | cemetery and personally witness the placement of the | ||||||
| 14 | human remains in their designated grave or the sealing | ||||||
| 15 | of the above ground depository, crypt, or urn. The | ||||||
| 16 | licensed funeral director or licensed funeral director | ||||||
| 17 | and embalmer may designate a licensed funeral director | ||||||
| 18 | and embalmer intern or representative of the funeral | ||||||
| 19 | home to be his or her witness to the placement of the | ||||||
| 20 | remains. If the cemetery authority, cemetery manager, | ||||||
| 21 | or any other agent of the cemetery takes any action | ||||||
| 22 | that prevents compliance with this paragraph (D), then | ||||||
| 23 | the funeral director and embalmer or funeral director | ||||||
| 24 | shall provide written notice to the Department within 5 | ||||||
| 25 | business days after failing to comply. If the | ||||||
| 26 | Department receives this notice, then the Department | ||||||
| |||||||
| |||||||
| 1 | shall not take any disciplinary action against the | ||||||
| 2 | funeral director and embalmer or funeral director for a | ||||||
| 3 | violation of this paragraph (D) unless the Department | ||||||
| 4 | finds that the cemetery authority, manager, or any | ||||||
| 5 | other agent of the cemetery did not prevent the funeral | ||||||
| 6 | director and embalmer or funeral director from | ||||||
| 7 | complying with this paragraph (D) as claimed in the | ||||||
| 8 | written notice. | ||||||
| 9 | (E) A funeral director or funeral director and | ||||||
| 10 | embalmer shall fully complete the portion of the | ||||||
| 11 | Certificate of Death under the responsibility of the | ||||||
| 12 | funeral director or funeral director and embalmer and | ||||||
| 13 | provide all required information. In the event that any | ||||||
| 14 | reported information subsequently changes or proves | ||||||
| 15 | incorrect, a funeral director or funeral director and | ||||||
| 16 | embalmer shall immediately upon learning the correct | ||||||
| 17 | information correct the Certificate of Death. | ||||||
| 18 | (37) A finding by the Department that the licensee | ||||||
| 19 | license, after having his or
her license placed on | ||||||
| 20 | probationary status or subjected to conditions or
| ||||||
| 21 | restrictions, violated the terms of the probation or failed | ||||||
| 22 | to comply with such
terms or conditions. | ||||||
| 23 | (38) (Blank). | ||||||
| 24 | (39) Being named as a perpetrator in an indicated | ||||||
| 25 | report by the Department
of Children and Family Services | ||||||
| 26 | pursuant to the Abused and Neglected Child
Reporting Act | ||||||
| |||||||
| |||||||
| 1 | and, upon proof by clear and convincing evidence,
being | ||||||
| 2 | found to have caused a child to be an abused child or | ||||||
| 3 | neglected child as
defined
in the Abused and Neglected | ||||||
| 4 | Child Reporting Act. | ||||||
| 5 | (40) Habitual or excessive use or abuse of drugs | ||||||
| 6 | defined in law as controlled substances, alcohol, or any | ||||||
| 7 | other substance which results in the inability to practice | ||||||
| 8 | with reasonable judgment, skill, or safety. | ||||||
| 9 | (41) Practicing under a false or, except as provided by | ||||||
| 10 | law, an assumed name. | ||||||
| 11 | (42) Cheating on or attempting to subvert the licensing | ||||||
| 12 | examination administered under this Code. | ||||||
| 13 | (c) The Department may refuse to issue or renew or may | ||||||
| 14 | suspend without a hearing, as provided for in the Department of | ||||||
| 15 | Professional Regulation Law of the Civil Administrative Code of | ||||||
| 16 | Illinois, the license
of any person who fails to file a return, | ||||||
| 17 | to pay the tax, penalty or interest
shown in a filed return, or | ||||||
| 18 | to pay any final assessment of tax, penalty or
interest as | ||||||
| 19 | required by any tax Act administered by the Illinois Department | ||||||
| 20 | of
Revenue, until the time as the requirements of the tax Act | ||||||
| 21 | are satisfied in accordance with subsection (g) of Section | ||||||
| 22 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
| 23 | Civil Administrative Code of Illinois. | ||||||
| 24 | (d) No action may be taken under this Code against a person | ||||||
| 25 | licensed under this Code unless the action is commenced within | ||||||
| 26 | 5 years after the occurrence of the alleged violations. A | ||||||
| |||||||
| |||||||
| 1 | continuing violation shall be deemed to have occurred on the | ||||||
| 2 | date when the circumstances last existed that give rise to the | ||||||
| 3 | alleged violation. | ||||||
| 4 | (e) Nothing in this Section shall be construed or enforced | ||||||
| 5 | to give a funeral director and embalmer, or his or her | ||||||
| 6 | designees, authority over the operation of a cemetery or over | ||||||
| 7 | cemetery employees. Nothing in this Section shall be construed | ||||||
| 8 | or enforced to impose duties or penalties on cemeteries with | ||||||
| 9 | respect to the timing of the placement of human remains in | ||||||
| 10 | their designated grave or the sealing of the above ground | ||||||
| 11 | depository, crypt, or urn due to patron safety, the allocation | ||||||
| 12 | of cemetery staffing, liability insurance, a collective | ||||||
| 13 | bargaining agreement, or other such reasons. | ||||||
| 14 | (f) All fines imposed under this Section shall be paid 60 | ||||||
| 15 | days after the effective date of the order imposing the fine. | ||||||
| 16 | (g) The Department shall deny a license or renewal | ||||||
| 17 | authorized by this Code to a person who has defaulted on an | ||||||
| 18 | educational loan or scholarship provided or guaranteed by the | ||||||
| 19 | Illinois Student Assistance Commission or any governmental | ||||||
| 20 | agency of this State in accordance with item (5) of subsection | ||||||
| 21 | (a) of Section 2105-15 of the Department of Professional | ||||||
| 22 | Regulation Law of the Civil Administrative Code of Illinois. | ||||||
| 23 | (h) In cases where the Department of Healthcare and Family | ||||||
| 24 | Services has previously determined a licensee or a potential | ||||||
| 25 | licensee is more than 30 days delinquent in the payment of | ||||||
| 26 | child support and has subsequently certified the delinquency to | ||||||
| |||||||
| |||||||
| 1 | the Department, the Department may refuse to issue or renew or | ||||||
| 2 | may revoke or suspend that person's license or may take other | ||||||
| 3 | disciplinary action against that person based solely upon the | ||||||
| 4 | certification of delinquency made by the Department of | ||||||
| 5 | Healthcare and Family Services in accordance with item (5) of | ||||||
| 6 | subsection (a) of Section 2105-15 of the Department of | ||||||
| 7 | Professional Regulation Law of the Civil Administrative Code of | ||||||
| 8 | Illinois. | ||||||
| 9 | (i) A person not licensed under this Code who is an owner | ||||||
| 10 | of a funeral establishment or funeral business shall not aid, | ||||||
| 11 | abet, assist, procure, advise, employ, or contract with any | ||||||
| 12 | unlicensed person to offer funeral services or aid, abet, | ||||||
| 13 | assist, or direct any licensed person contrary to or in | ||||||
| 14 | violation of any rules or provisions of this Code. A person | ||||||
| 15 | violating this subsection shall be treated as a licensee for | ||||||
| 16 | the purposes of disciplinary action under this Section and | ||||||
| 17 | shall be subject to cease and desist orders as provided in this | ||||||
| 18 | Code, the imposition of a fine up to $10,000 for each violation | ||||||
| 19 | and any other penalty provided by law. | ||||||
| 20 | (j) The determination by a circuit court that a licensee is | ||||||
| 21 | subject to involuntary admission or judicial admission as | ||||||
| 22 | provided in the Mental Health and Developmental Disabilities | ||||||
| 23 | Code, as amended, operates as an automatic suspension. The | ||||||
| 24 | suspension may end only upon a finding by a court that the | ||||||
| 25 | licensee is no longer subject to the involuntary admission or | ||||||
| 26 | judicial admission and issues an order so finding and | ||||||
| |||||||
| |||||||
| 1 | discharging the licensee, and upon the recommendation of the | ||||||
| 2 | Board to the Secretary that the licensee be allowed to resume | ||||||
| 3 | his or her practice. | ||||||
| 4 | (k) In enforcing this Code, the Department, upon a showing | ||||||
| 5 | of a possible violation, may compel an individual licensed to | ||||||
| 6 | practice under this Code, or who has applied for licensure | ||||||
| 7 | under this Code, to submit to a mental or physical examination, | ||||||
| 8 | or both, as required by and at the expense of the Department. | ||||||
| 9 | The Department may order the examining physician to present | ||||||
| 10 | testimony concerning the mental or physical examination of the | ||||||
| 11 | licensee or applicant. No information shall be excluded by | ||||||
| 12 | reason of any common law or statutory privilege relating to | ||||||
| 13 | communications between the licensee or applicant and the | ||||||
| 14 | examining physician. The examining physician shall be | ||||||
| 15 | specifically designated by the Department. The individual to be | ||||||
| 16 | examined may have, at his or her own expense, another physician | ||||||
| 17 | of his or her choice present during all aspects of this | ||||||
| 18 | examination. The examination shall be performed by a physician | ||||||
| 19 | licensed to practice medicine in all its branches. Failure of | ||||||
| 20 | an individual to submit to a mental or physical examination, | ||||||
| 21 | when directed, shall result in an automatic suspension without | ||||||
| 22 | hearing. | ||||||
| 23 | A person holding a license under this Code or who has | ||||||
| 24 | applied for a license under this Code who, because of a | ||||||
| 25 | physical or mental illness or disability, including, but not | ||||||
| 26 | limited to, deterioration through the aging process or loss of | ||||||
| |||||||
| |||||||
| 1 | motor skill, is unable to practice the profession with | ||||||
| 2 | reasonable judgment, skill, or safety, may be required by the | ||||||
| 3 | Department to submit to care, counseling, or treatment by | ||||||
| 4 | physicians approved or designated by the Department as a | ||||||
| 5 | condition, term, or restriction for continued, reinstated, or | ||||||
| 6 | renewed licensure to practice. Submission to care, counseling, | ||||||
| 7 | or treatment as required by the Department shall not be | ||||||
| 8 | considered discipline of a license. If the licensee refuses to | ||||||
| 9 | enter into a care, counseling, or treatment agreement or fails | ||||||
| 10 | to abide by the terms of the agreement, the Department may file | ||||||
| 11 | a complaint to revoke, suspend, or otherwise discipline the | ||||||
| 12 | license of the individual. The Secretary may order the license | ||||||
| 13 | suspended immediately, pending a hearing by the Department. | ||||||
| 14 | Fines shall not be assessed in disciplinary actions involving | ||||||
| 15 | physical or mental illness or impairment. | ||||||
| 16 | In instances in which the Secretary immediately suspends a | ||||||
| 17 | person's license under this Section, a hearing on that person's | ||||||
| 18 | license must be convened by the Department within 15 days after | ||||||
| 19 | the suspension and completed without appreciable delay. The | ||||||
| 20 | Department shall have the authority to review the subject | ||||||
| 21 | individual's record of treatment and counseling regarding the | ||||||
| 22 | impairment to the extent permitted by applicable federal | ||||||
| 23 | statutes and regulations safeguarding the confidentiality of | ||||||
| 24 | medical records. | ||||||
| 25 | An individual licensed under this Code and affected under | ||||||
| 26 | this Section shall be afforded an opportunity to demonstrate to | ||||||
| |||||||
| |||||||
| 1 | the Department that he or she can resume practice in compliance | ||||||
| 2 | with acceptable and prevailing standards under the provisions | ||||||
| 3 | of his or her license. | ||||||
| 4 | (Source: P.A. 98-756, eff. 7-16-14; 99-876, eff. 1-1-17; | ||||||
| 5 | revised 10-27-16.)
| ||||||
| 6 | Section 480. The Hearing Instrument Consumer Protection | ||||||
| 7 | Act is amended by changing Section 18 as follows:
| ||||||
| 8 | (225 ILCS 50/18) (from Ch. 111, par. 7418)
| ||||||
| 9 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
| 10 | Sec. 18. Discipline by the Department. The Department may | ||||||
| 11 | refuse to
issue
or renew a license
or it may revoke, suspend, | ||||||
| 12 | place on probation, censure, fine, or reprimand
a
licensee for | ||||||
| 13 | any of the following:
| ||||||
| 14 | (a) Material misstatement in furnishing information to | ||||||
| 15 | the Department
or to any other State or federal agency.
| ||||||
| 16 | (b) Violations of this Act, or the rules promulgated | ||||||
| 17 | hereunder.
| ||||||
| 18 | (c) Conviction of any crime under the laws of the | ||||||
| 19 | United States or any
state or territory thereof which is a | ||||||
| 20 | felony or misdemeanor, an essential
element of dishonesty, | ||||||
| 21 | or of any crime which is directly related
to the practice | ||||||
| 22 | of the profession.
| ||||||
| 23 | (d) Making any misrepresentation for the purpose of | ||||||
| 24 | obtaining a license
or renewing a license, including | ||||||
| |||||||
| |||||||
| 1 | falsification of the
continuing education
requirement.
| ||||||
| 2 | (e) Professional incompetence.
| ||||||
| 3 | (f) Malpractice.
| ||||||
| 4 | (g) Aiding or assisting another person in violating any | ||||||
| 5 | provision of this
Act or the rules promulgated hereunder.
| ||||||
| 6 | (h) Failing, within 30 days, to provide
in writing | ||||||
| 7 | information in response to a written
request made by the | ||||||
| 8 | Department.
| ||||||
| 9 | (i) Engaging in dishonorable, unethical, or | ||||||
| 10 | unprofessional conduct which
is likely to deceive, | ||||||
| 11 | defraud, or harm the public.
| ||||||
| 12 | (j) Knowingly employing, directly or indirectly, any | ||||||
| 13 | suspended or
unlicensed person to perform any services | ||||||
| 14 | covered by this Act.
| ||||||
| 15 | (k) Habitual intoxication or addiction to the use of | ||||||
| 16 | drugs.
| ||||||
| 17 | (l) Discipline by another state, the District of | ||||||
| 18 | Columbia, territory, or
a foreign nation, if at least one | ||||||
| 19 | of the grounds for the discipline is the
same or | ||||||
| 20 | substantially equivalent to those set forth herein.
| ||||||
| 21 | (m) Directly or indirectly giving to or receiving from | ||||||
| 22 | any person, firm,
corporation, partnership, or association | ||||||
| 23 | any fee, commission, rebate,
or other
form of compensation | ||||||
| 24 | for any service not actually rendered. Nothing in this | ||||||
| 25 | paragraph (m) affects any bona fide independent contractor | ||||||
| 26 | or employment arrangements among health care | ||||||
| |||||||
| |||||||
| 1 | professionals, health facilities, health care providers, | ||||||
| 2 | or other entities, except as otherwise prohibited by law. | ||||||
| 3 | Any employment arrangements may include provisions for | ||||||
| 4 | compensation, health insurance, pension, or other | ||||||
| 5 | employment benefits for the provision of services within | ||||||
| 6 | the scope of the licensee's practice under this Act. | ||||||
| 7 | Nothing in this paragraph (m) shall be construed to require | ||||||
| 8 | an employment arrangement to receive professional fees for | ||||||
| 9 | services rendered.
| ||||||
| 10 | (n) A finding by the Board that the licensee, after
| ||||||
| 11 | having his or her license
placed on probationary status, | ||||||
| 12 | has violated the terms of or probation.
| ||||||
| 13 | (o) Willfully making or filing false records or | ||||||
| 14 | reports.
| ||||||
| 15 | (p) Willfully failing to report an instance of | ||||||
| 16 | suspected child abuse or
neglect as required by the Abused | ||||||
| 17 | and Neglected Child Reporting Act.
| ||||||
| 18 | (q) Physical illness, including, but not limited to, | ||||||
| 19 | deterioration through
the aging process, or loss of motor | ||||||
| 20 | skill which results in the inability
to practice the | ||||||
| 21 | profession with reasonable judgement, skill or safety.
| ||||||
| 22 | (r) Solicitation of services or products by | ||||||
| 23 | advertising that is false
or misleading. An advertisement | ||||||
| 24 | is false or misleading if it:
| ||||||
| 25 | (1) contains an intentional misrepresentation of | ||||||
| 26 | fact;
| ||||||
| |||||||
| |||||||
| 1 | (2) contains a false statement as to the licensee's | ||||||
| 2 | professional
achievements, education, skills, or | ||||||
| 3 | qualifications in the hearing instrument
dispensing | ||||||
| 4 | profession;
| ||||||
| 5 | (3) makes a partial disclosure of a relevant fact, | ||||||
| 6 | including:
| ||||||
| 7 | (i) the advertisement of a discounted price of | ||||||
| 8 | an item without
identifying in the advertisement | ||||||
| 9 | or at the location of the item either the
specific | ||||||
| 10 | product being offered at the discounted price or | ||||||
| 11 | the usual price of
the item; and
| ||||||
| 12 | (ii) the advertisement of the price of a | ||||||
| 13 | specifically identified hearing
instrument if more | ||||||
| 14 | than one hearing instrument appears in the same
| ||||||
| 15 | advertisement without an accompanying price;
| ||||||
| 16 | (4) contains a representation that a product | ||||||
| 17 | innovation is new when, in
fact, the product was first | ||||||
| 18 | offered by the manufacturer to the general public
in
| ||||||
| 19 | this State not less than 12 months before the date of | ||||||
| 20 | the advertisement;
| ||||||
| 21 | (5) contains any other representation, statement, | ||||||
| 22 | or claim that is
inherently misleading or deceptive; or
| ||||||
| 23 | (6) contains information that the licensee | ||||||
| 24 | manufactures hearing
instruments at the licensee's | ||||||
| 25 | office location unless the following statement
| ||||||
| 26 | includes a statement disclosing that the instruments | ||||||
| |||||||
| |||||||
| 1 | are manufactured by a
specified manufacturer and | ||||||
| 2 | assembled by the licensee.
| ||||||
| 3 | (s) Participating in subterfuge or misrepresentation | ||||||
| 4 | in the fitting or
servicing of a hearing instrument.
| ||||||
| 5 | (t) (Blank).
| ||||||
| 6 | (u) Representing that the service of a licensed | ||||||
| 7 | physician or
other
health professional will be used
or made | ||||||
| 8 | available in the fitting, adjustment, maintenance, or | ||||||
| 9 | repair of
hearing
instruments when that is not true, or | ||||||
| 10 | using the words "doctor",
"audiologist",
"clinic", | ||||||
| 11 | "Clinical Audiologist", "Certified Hearing Aid | ||||||
| 12 | Audiologist",
"State Licensed", "State
Certified", | ||||||
| 13 | "Hearing Care Professional", "Licensed Hearing Instrument
| ||||||
| 14 | Dispenser", "Licensed Hearing Aid
Dispenser", "Board
| ||||||
| 15 | Certified Hearing Instrument Specialist", "Hearing | ||||||
| 16 | Instrument Specialist",
"Licensed Audiologist", or
any | ||||||
| 17 | other
term, abbreviation,
or symbol which would give the | ||||||
| 18 | impression that service is being provided
by persons who | ||||||
| 19 | are licensed or awarded a degree or title,
or that the | ||||||
| 20 | person's service who
is holding the license has been | ||||||
| 21 | recommended by a governmental agency
or health provider, | ||||||
| 22 | when such is not the case.
| ||||||
| 23 | (v) Advertising a manufacturer's product or using a
| ||||||
| 24 | manufacturer's name
or trademark implying a relationship | ||||||
| 25 | which does not exist.
| ||||||
| 26 | (w) Directly or indirectly giving or offering
anything | ||||||
| |||||||
| |||||||
| 1 | of value to any person who advises another in a | ||||||
| 2 | professional capacity,
as an inducement to influence the | ||||||
| 3 | purchase of a product sold or offered
for sale by a hearing | ||||||
| 4 | instrument dispenser or influencing persons
to refrain | ||||||
| 5 | from
dealing in the products of competitors.
| ||||||
| 6 | (x) Conducting business while suffering from a | ||||||
| 7 | contagious
disease.
| ||||||
| 8 | (y) Engaging in the fitting or sale of hearing | ||||||
| 9 | instruments under a name with
fraudulent intent.
| ||||||
| 10 | (z) Dispensing a hearing instrument to a person who has
| ||||||
| 11 | not been
given tests
utilizing appropriate established | ||||||
| 12 | procedures and instrumentation in the
fitting of hearing | ||||||
| 13 | instruments, except where there is the
replacement of a
| ||||||
| 14 | hearing instrument, of the same make and model within one | ||||||
| 15 | year of the dispensing of the
original hearing instrument.
| ||||||
| 16 | (aa) Unavailability or unwillingness to adequately | ||||||
| 17 | provide for
service
or repair of hearing instruments fitted | ||||||
| 18 | and sold by the
dispenser.
| ||||||
| 19 | (bb) Violating the regulations of the Federal Food and | ||||||
| 20 | Drug
Administration
or the Federal Trade Commission as they | ||||||
| 21 | affect hearing instruments.
| ||||||
| 22 | (cc) Violating any provision of the Consumer Fraud and
| ||||||
| 23 | Deceptive Business
Practices Act.
| ||||||
| 24 | (dd) Violating the Health Care Worker Self-Referral | ||||||
| 25 | Act. | ||||||
| 26 | The Department, with the approval of the Board, may impose | ||||||
| |||||||
| |||||||
| 1 | a fine not
to exceed $1,000 plus costs for the first violation | ||||||
| 2 | and not to
exceed $5,000
plus costs for each subsequent | ||||||
| 3 | violation of this Act, and the rules
promulgated hereunder, on | ||||||
| 4 | any person or entity described in this Act.
Such fine may be | ||||||
| 5 | imposed as an alternative to any other
disciplinary
measure, | ||||||
| 6 | except for probation.
The imposition by the Department of a | ||||||
| 7 | fine for any violation does
not bar
the violation from being | ||||||
| 8 | alleged in subsequent disciplinary
proceedings.
Such fines | ||||||
| 9 | shall be deposited in the Fund.
| ||||||
| 10 | (Source: P.A. 96-1482, eff. 11-29-10; revised 9-14-16.)
| ||||||
| 11 | Section 485. The Illinois Physical Therapy Act is amended | ||||||
| 12 | by changing Section 1 as follows:
| ||||||
| 13 | (225 ILCS 90/1) (from Ch. 111, par. 4251)
| ||||||
| 14 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
| 15 | Sec. 1. Definitions. As used in this Act:
| ||||||
| 16 | (1) "Physical therapy" means all of the following: | ||||||
| 17 | (A) Examining, evaluating, and testing individuals who | ||||||
| 18 | may have mechanical, physiological, or developmental | ||||||
| 19 | impairments, functional limitations, disabilities, or | ||||||
| 20 | other health and movement-related conditions, classifying | ||||||
| 21 | these disorders, determining a rehabilitation prognosis | ||||||
| 22 | and plan of therapeutic intervention, and assessing the | ||||||
| 23 | on-going effects of the interventions. | ||||||
| 24 | (B) Alleviating impairments, functional limitations, | ||||||
| |||||||
| |||||||
| 1 | or disabilities by designing, implementing, and modifying | ||||||
| 2 | therapeutic interventions that may include, but are not | ||||||
| 3 | limited to, the evaluation or treatment of a person through | ||||||
| 4 | the use of the effective properties of physical measures | ||||||
| 5 | and heat, cold, light, water, radiant energy, electricity, | ||||||
| 6 | sound, and air and use of therapeutic massage, therapeutic | ||||||
| 7 | exercise, mobilization, and rehabilitative procedures, | ||||||
| 8 | with or without assistive devices, for the purposes of | ||||||
| 9 | preventing, correcting, or alleviating a physical or | ||||||
| 10 | mental impairment, functional limitation, or disability. | ||||||
| 11 | (C) Reducing the risk of injury, impairment, | ||||||
| 12 | functional limitation, or disability, including the | ||||||
| 13 | promotion and maintenance of fitness, health, and | ||||||
| 14 | wellness. | ||||||
| 15 | (D) Engaging in administration, consultation, | ||||||
| 16 | education, and research.
| ||||||
| 17 | "Physical therapy"
includes, but is not limited to: (a) | ||||||
| 18 | performance
of specialized tests and measurements, (b) | ||||||
| 19 | administration of specialized
treatment procedures, (c) | ||||||
| 20 | interpretation of referrals from physicians, dentists, | ||||||
| 21 | advanced practice nurses, physician assistants,
and podiatric | ||||||
| 22 | physicians, (d) establishment, and modification of physical | ||||||
| 23 | therapy
treatment programs, (e) administration of topical | ||||||
| 24 | medication used in generally
accepted physical therapy | ||||||
| 25 | procedures when such medication is either prescribed
by the | ||||||
| 26 | patient's physician, licensed to practice medicine in all its | ||||||
| |||||||
| |||||||
| 1 | branches,
the patient's physician licensed to practice | ||||||
| 2 | podiatric medicine, the patient's advanced practice nurse, the | ||||||
| 3 | patient's physician assistant, or the
patient's dentist or used | ||||||
| 4 | following the physician's orders or written instructions, and | ||||||
| 5 | (f) supervision or teaching of physical therapy.
Physical | ||||||
| 6 | therapy does not include radiology, electrosurgery, | ||||||
| 7 | chiropractic
technique or determination of a differential
| ||||||
| 8 | diagnosis; provided, however,
the limitation on determining a | ||||||
| 9 | differential diagnosis shall not in any
manner limit a physical | ||||||
| 10 | therapist licensed under this Act from performing
an evaluation | ||||||
| 11 | pursuant to such license. Nothing in this Section shall limit
a | ||||||
| 12 | physical therapist from employing appropriate physical therapy | ||||||
| 13 | techniques
that he or she is educated and licensed to perform. | ||||||
| 14 | A physical therapist
shall refer to a licensed physician, | ||||||
| 15 | advanced practice nurse, physician assistant, dentist, | ||||||
| 16 | podiatric physician, other physical therapist, or other health | ||||||
| 17 | care provider any patient
whose medical condition should, at | ||||||
| 18 | the time of evaluation or treatment, be
determined to be beyond | ||||||
| 19 | the scope of practice of the physical therapist.
| ||||||
| 20 | (2) "Physical therapist" means a person who practices | ||||||
| 21 | physical therapy
and who has met all requirements as provided | ||||||
| 22 | in this Act.
| ||||||
| 23 | (3) "Department" means the Department of Professional | ||||||
| 24 | Regulation.
| ||||||
| 25 | (4) "Director" means the Director of Professional | ||||||
| 26 | Regulation.
| ||||||
| |||||||
| |||||||
| 1 | (5) "Board" means the Physical Therapy Licensing and | ||||||
| 2 | Disciplinary Board approved
by the Director.
| ||||||
| 3 | (6) "Referral" means a written or oral authorization for | ||||||
| 4 | physical therapy services for a patient by a physician, | ||||||
| 5 | dentist, advanced practice nurse, physician assistant, or | ||||||
| 6 | podiatric physician who maintains medical supervision of the | ||||||
| 7 | patient and makes a diagnosis or verifies that the patient's | ||||||
| 8 | condition is such that it may be treated by a physical | ||||||
| 9 | therapist.
| ||||||
| 10 | (7) "Documented current and relevant diagnosis" for the | ||||||
| 11 | purpose of
this Act means a diagnosis, substantiated by | ||||||
| 12 | signature or oral verification
of a physician, dentist, | ||||||
| 13 | advanced practice nurse, physician assistant, or podiatric | ||||||
| 14 | physician, that a patient's condition is such
that it may be | ||||||
| 15 | treated by physical therapy as defined in this Act, which
| ||||||
| 16 | diagnosis shall remain in effect until changed by the | ||||||
| 17 | physician, dentist, advanced practice nurse, physician | ||||||
| 18 | assistant,
or podiatric physician.
| ||||||
| 19 | (8) "State" includes:
| ||||||
| 20 | (a) the states of the United States of America;
| ||||||
| 21 | (b) the District of Columbia; and
| ||||||
| 22 | (c) the Commonwealth of Puerto Rico.
| ||||||
| 23 | (9) "Physical therapist assistant" means a person licensed | ||||||
| 24 | to assist a
physical therapist and who has met all requirements | ||||||
| 25 | as provided in this Act
and who works under the supervision of | ||||||
| 26 | a licensed physical therapist to assist
in implementing the | ||||||
| |||||||
| |||||||
| 1 | physical therapy treatment program as established by the
| ||||||
| 2 | licensed physical therapist. The patient care activities | ||||||
| 3 | provided by the
physical therapist assistant shall not include | ||||||
| 4 | the interpretation of referrals,
evaluation procedures, or the | ||||||
| 5 | planning or major modification of patient programs.
| ||||||
| 6 | (10) "Physical therapy aide" means a person who has | ||||||
| 7 | received on
the job training, specific to the facility in which | ||||||
| 8 | he is employed.
| ||||||
| 9 | (11) "Advanced practice nurse" means a person licensed as | ||||||
| 10 | an advanced practice nurse under the Nurse Practice Act. | ||||||
| 11 | (12) "Physician assistant" means a person licensed under | ||||||
| 12 | the Physician Assistant Practice Act of 1987.
| ||||||
| 13 | (Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15; | ||||||
| 14 | 99-229, eff. 8-3-15; 99-642, eff. 7-28-16; revised 10-27-16.)
| ||||||
| 15 | Section 490. The Professional Counselor and Clinical | ||||||
| 16 | Professional Counselor
Licensing and Practice Act is amended by | ||||||
| 17 | changing Sections 30 and 80 as follows:
| ||||||
| 18 | (225 ILCS 107/30) (from Ch. 111, par. 8451-30)
| ||||||
| 19 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
| 20 | Sec. 30. Professional Counselor Licensing Examining and | ||||||
| 21 | Disciplinary Board.
| ||||||
| 22 | (a) The Secretary shall appoint a Board which shall serve | ||||||
| 23 | in an advisory
capacity to the Secretary. The Board shall | ||||||
| 24 | consist of 7 persons, 2 of whom
are licensed solely as | ||||||
| |||||||
| |||||||
| 1 | professional counselors, 3 of whom are licensed
solely as | ||||||
| 2 | clinical professional counselors, one full-time faculty member | ||||||
| 3 | of an
accredited college or university that is engaged in | ||||||
| 4 | training professional
counselors or clinical professional | ||||||
| 5 | counselors who possesses the qualifications
substantially | ||||||
| 6 | equivalent to the education and experience requirements for a
| ||||||
| 7 | professional counselor or clinical professional counselor, and | ||||||
| 8 | one member of
the public who is not a licensed health care | ||||||
| 9 | provider. In appointing members of
the Board, the Secretary | ||||||
| 10 | shall give due consideration to the adequate
representation of | ||||||
| 11 | the various fields of counseling. In appointing members of
the | ||||||
| 12 | Board, the Secretary shall give due consideration to | ||||||
| 13 | recommendations by
members of the professions of professional | ||||||
| 14 | counseling and clinical professional
counseling, the Statewide | ||||||
| 15 | organizations representing the interests of
professional | ||||||
| 16 | counselors and clinical professional counselors, organizations
| ||||||
| 17 | representing the interests of academic programs, | ||||||
| 18 | rehabilitation counseling
programs, and approved counseling | ||||||
| 19 | programs in the State of Illinois.
| ||||||
| 20 | (b) Members shall be appointed for and shall serve 4 year | ||||||
| 21 | terms and
until their successors are appointed and qualified. | ||||||
| 22 | No member of the Board shall serve more than 2 full consecutive | ||||||
| 23 | terms. Any
appointment to fill a vacancy shall be for the | ||||||
| 24 | unexpired portion of the term.
| ||||||
| 25 | (c) The membership of the Board should reasonably reflect | ||||||
| 26 | representation
from different geographic areas of Illinois.
| ||||||
| |||||||
| |||||||
| 1 | (d) (Blank).
| ||||||
| 2 | (e) The Secretary shall have the authority to remove or | ||||||
| 3 | suspend any member for cause at any time prior to
the | ||||||
| 4 | expiration of his or her term. The Secretary shall be the sole | ||||||
| 5 | arbiter of cause.
| ||||||
| 6 | (f) The Board shall annually elect one of its members as | ||||||
| 7 | chairperson.
| ||||||
| 8 | (g) The members of the Board shall be reimbursed for all | ||||||
| 9 | legitimate,
necessary, and authorized expenses incurred in | ||||||
| 10 | attending the meetings of
the Board.
| ||||||
| 11 | (h) The Board may make recommendations on matters relating | ||||||
| 12 | to
approving graduate counseling, rehabilitation counseling, | ||||||
| 13 | psychology, and
related programs.
| ||||||
| 14 | (i) The Board may make recommendations on matters relating | ||||||
| 15 | to continuing
education including the number of hours necessary | ||||||
| 16 | for license renewal, waivers
for those unable to meet such | ||||||
| 17 | requirements, and acceptable course content.
These | ||||||
| 18 | recommendations shall not impose an undue burden on the | ||||||
| 19 | Department or an
unreasonable restriction on those seeking | ||||||
| 20 | license renewal.
| ||||||
| 21 | (j) The Secretary shall give due consideration to all | ||||||
| 22 | recommendations of
the Board.
| ||||||
| 23 | (k) Four members of the Board shall constitute a
quorum. A | ||||||
| 24 | quorum is required for all Board decisions.
| ||||||
| 25 | (l) Members of the Board shall have no criminal, civil, or | ||||||
| 26 | professional
liability in
an action based upon a disciplinary | ||||||
| |||||||
| |||||||
| 1 | proceeding or other activity performed in
good faith
as a | ||||||
| 2 | member of the Board, except for willful or wanton misconduct.
| ||||||
| 3 | (Source: P.A. 97-706, eff. 6-25-12; revised 10-27-16.)
| ||||||
| 4 | (225 ILCS 107/80)
| ||||||
| 5 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
| 6 | Sec. 80. Grounds for discipline. | ||||||
| 7 | (a) The Department may refuse to issue, renew, or may | ||||||
| 8 | revoke, suspend, place
on probation, reprimand, or take other | ||||||
| 9 | disciplinary or non-disciplinary action as the Department
| ||||||
| 10 | deems appropriate, including the issuance of fines not to | ||||||
| 11 | exceed $10,000 for each
violation, with regard to any license | ||||||
| 12 | for any one or more of the following:
| ||||||
| 13 | (1) Material misstatement in furnishing information to | ||||||
| 14 | the
Department or to any other State agency.
| ||||||
| 15 | (2) Violations or negligent or intentional disregard | ||||||
| 16 | of this Act or rules adopted under this Act.
| ||||||
| 17 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
| 18 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
| 19 | sentencing of any crime, including, but not limited to, | ||||||
| 20 | convictions, preceding sentences of supervision, | ||||||
| 21 | conditional discharge, or first offender probation, under | ||||||
| 22 | the laws of any jurisdiction of the United States: (i) that | ||||||
| 23 | is a felony or (ii) that is a misdemeanor, an essential | ||||||
| 24 | element of which is dishonesty, or that is directly related | ||||||
| 25 | to the practice of the profession.
| ||||||
| |||||||
| |||||||
| 1 | (4) Fraud or any misrepresentation in applying for or | ||||||
| 2 | procuring a license under this Act or in connection with | ||||||
| 3 | applying for renewal of a license under this Act.
| ||||||
| 4 | (5) Professional incompetence or gross negligence in | ||||||
| 5 | the rendering of
professional counseling or clinical | ||||||
| 6 | professional counseling services.
| ||||||
| 7 | (6) Malpractice.
| ||||||
| 8 | (7) Aiding or assisting another person in violating any | ||||||
| 9 | provision of
this Act or any rules.
| ||||||
| 10 | (8) Failing to provide information within 60 days in | ||||||
| 11 | response to a
written request made by the Department.
| ||||||
| 12 | (9) Engaging in dishonorable, unethical, or | ||||||
| 13 | unprofessional conduct of a
character likely to deceive, | ||||||
| 14 | defraud, or harm the public and violating the
rules of | ||||||
| 15 | professional conduct adopted by the Department.
| ||||||
| 16 | (10) Habitual or excessive use or abuse of drugs as | ||||||
| 17 | defined in law as controlled substances, alcohol, or any | ||||||
| 18 | other substance which results in inability
to practice with | ||||||
| 19 | reasonable skill, judgment, or safety.
| ||||||
| 20 | (11) Discipline by another jurisdiction, the District | ||||||
| 21 | of Columbia, territory, county, or governmental agency, if | ||||||
| 22 | at least one of the grounds
for the discipline is the same | ||||||
| 23 | or substantially equivalent to those set
forth in this | ||||||
| 24 | Section.
| ||||||
| 25 | (12) Directly or indirectly giving to or receiving from | ||||||
| 26 | any person, firm,
corporation, partnership, or association | ||||||
| |||||||
| |||||||
| 1 | any fee, commission, rebate or
other form of compensation | ||||||
| 2 | for any professional service not actually rendered. | ||||||
| 3 | Nothing in this paragraph (12) affects any bona fide | ||||||
| 4 | independent contractor or employment arrangements among | ||||||
| 5 | health care professionals, health facilities, health care | ||||||
| 6 | providers, or other entities, except as otherwise | ||||||
| 7 | prohibited by law. Any employment arrangements may include | ||||||
| 8 | provisions for compensation, health insurance, pension, or | ||||||
| 9 | other employment benefits for the provision of services | ||||||
| 10 | within the scope of the licensee's practice under this Act. | ||||||
| 11 | Nothing in this paragraph (12) shall be construed to | ||||||
| 12 | require an employment arrangement to receive professional | ||||||
| 13 | fees for services rendered.
| ||||||
| 14 | (13) A finding by the Board that the licensee, after | ||||||
| 15 | having the license
placed on probationary status, has | ||||||
| 16 | violated the terms of probation.
| ||||||
| 17 | (14) Abandonment of a client.
| ||||||
| 18 | (15) Willfully filing false reports relating to a | ||||||
| 19 | licensee's practice,
including but not limited to false | ||||||
| 20 | records filed with federal or State
agencies or | ||||||
| 21 | departments.
| ||||||
| 22 | (16) Willfully failing to report an instance of | ||||||
| 23 | suspected child abuse or
neglect as required by the Abused | ||||||
| 24 | and Neglected Child Reporting Act and in matters pertaining | ||||||
| 25 | to suspected abuse, neglect, financial exploitation, or | ||||||
| 26 | self-neglect of adults with disabilities and older adults | ||||||
| |||||||
| |||||||
| 1 | as set forth in the Adult Protective Services Act.
| ||||||
| 2 | (17) Being named as a perpetrator in an indicated | ||||||
| 3 | report by the
Department of Children and Family Services | ||||||
| 4 | pursuant to the Abused and
Neglected Child Reporting Act, | ||||||
| 5 | and upon proof by clear and convincing
evidence that the | ||||||
| 6 | licensee has caused a child to be an abused child or
| ||||||
| 7 | neglected child as defined in the Abused and Neglected | ||||||
| 8 | Child Reporting Act.
| ||||||
| 9 | (18) Physical or mental illness or disability, | ||||||
| 10 | including, but not limited to, deterioration through the
| ||||||
| 11 | aging process or loss of abilities and skills which results | ||||||
| 12 | in the inability to
practice the profession with reasonable | ||||||
| 13 | judgment, skill, or safety.
| ||||||
| 14 | (19) Solicitation of professional services by using | ||||||
| 15 | false or misleading
advertising.
| ||||||
| 16 | (20) Allowing one's license under this Act to be used | ||||||
| 17 | by an unlicensed person in violation of this Act.
| ||||||
| 18 | (21) A finding that licensure has been applied for or | ||||||
| 19 | obtained
by fraudulent means.
| ||||||
| 20 | (22) Practicing under a false or, except as provided by | ||||||
| 21 | law, an assumed name.
| ||||||
| 22 | (23) Gross and willful overcharging for professional | ||||||
| 23 | services including filing
statements for collection of | ||||||
| 24 | fees or monies for which services are not
rendered.
| ||||||
| 25 | (24) Rendering professional counseling or clinical | ||||||
| 26 | professional
counseling
services without a license or | ||||||
| |||||||
| |||||||
| 1 | practicing outside the scope of a license.
| ||||||
| 2 | (25) Clinical supervisors failing to adequately and | ||||||
| 3 | responsibly monitor
supervisees.
| ||||||
| 4 | All fines imposed under this Section shall be paid within | ||||||
| 5 | 60 days after the effective date of the order imposing the | ||||||
| 6 | fine. | ||||||
| 7 | (b) The Department shall deny, without hearing, any | ||||||
| 8 | application or
renewal for a license under this Act to any | ||||||
| 9 | person who has defaulted on an
educational loan guaranteed by | ||||||
| 10 | the Illinois Student State Assistance Commission or any | ||||||
| 11 | governmental agency of this State in accordance with item (5) | ||||||
| 12 | of subsection (a) of Section 2105-15 of the Department of | ||||||
| 13 | Professional Regulation Law of the Civil Administrative Code of | ||||||
| 14 | Illinois.
| ||||||
| 15 | (b-5) The Department may refuse to issue or may suspend | ||||||
| 16 | without hearing, as provided for in the Code of Civil | ||||||
| 17 | Procedure, the license of any person who fails to file a | ||||||
| 18 | return, pay the tax, penalty, or interest shown in a filed | ||||||
| 19 | return, or pay any final assessment of the tax, penalty, or | ||||||
| 20 | interest as required by any tax Act administered by the | ||||||
| 21 | Illinois Department of Revenue, until such time as the | ||||||
| 22 | requirements of any such tax Act are satisfied in accordance | ||||||
| 23 | with subsection (g) of Section 2105-15 of the Department of | ||||||
| 24 | Professional Regulation Law of the Civil Administrative Code of | ||||||
| 25 | Illinois. | ||||||
| 26 | (b-10) In cases where the Department of Healthcare and | ||||||
| |||||||
| |||||||
| 1 | Family Services has previously determined a licensee or a | ||||||
| 2 | potential licensee is more than 30 days delinquent in the | ||||||
| 3 | payment of child support and has subsequently certified the | ||||||
| 4 | delinquency to the Department, the Department may refuse to | ||||||
| 5 | issue or renew or may revoke or suspend that person's license | ||||||
| 6 | or may take other disciplinary action against that person based | ||||||
| 7 | solely upon the certification of delinquency made by the | ||||||
| 8 | Department of Healthcare and Family Services in accordance with | ||||||
| 9 | item (5) of subsection (a) of Section 2105-15 of the Department | ||||||
| 10 | of Professional Regulation Law of the Civil Administrative Code | ||||||
| 11 | of Illinois. | ||||||
| 12 | (c) The determination by a court that a licensee is subject | ||||||
| 13 | to
involuntary admission or judicial admission as provided in | ||||||
| 14 | the Mental
Health and Developmental Disabilities Code will | ||||||
| 15 | result in an automatic
suspension of his or her license. The | ||||||
| 16 | suspension will end upon a finding by a
court that the licensee | ||||||
| 17 | is no longer subject to involuntary admission or
judicial | ||||||
| 18 | admission, the issuance of an order so finding and discharging | ||||||
| 19 | the
patient, and the recommendation of the Board to the | ||||||
| 20 | Secretary that the licensee
be allowed to resume professional | ||||||
| 21 | practice.
| ||||||
| 22 | (c-5) In enforcing this Act, the Department, upon a showing | ||||||
| 23 | of a possible violation, may compel an individual licensed to | ||||||
| 24 | practice under this Act, or who has applied for licensure under | ||||||
| 25 | this Act, to submit to a mental or physical examination, or | ||||||
| 26 | both, as required by and at the expense of the Department. The | ||||||
| |||||||
| |||||||
| 1 | Department may order the examining physician to present | ||||||
| 2 | testimony concerning the mental or physical examination of the | ||||||
| 3 | licensee or applicant. No information shall be excluded by | ||||||
| 4 | reason of any common law or statutory privilege relating to | ||||||
| 5 | communications between the licensee or applicant and the | ||||||
| 6 | examining physician. The examining physicians shall be | ||||||
| 7 | specifically designated by the Department. The individual to be | ||||||
| 8 | examined may have, at his or her own expense, another physician | ||||||
| 9 | of his or her choice present during all aspects of this | ||||||
| 10 | examination. The examination shall be performed by a physician | ||||||
| 11 | licensed to practice medicine in all its branches. Failure of | ||||||
| 12 | an individual to submit to a mental or physical examination, | ||||||
| 13 | when directed, shall result in an automatic suspension without | ||||||
| 14 | hearing. | ||||||
| 15 | A person holding a license under this Act or who has | ||||||
| 16 | applied for a license under this Act who, because of a physical | ||||||
| 17 | or mental illness or disability, including, but not limited to, | ||||||
| 18 | deterioration through the aging process or loss of motor skill, | ||||||
| 19 | is unable to practice the profession with reasonable judgment, | ||||||
| 20 | skill, or safety, may be required by the Department to submit | ||||||
| 21 | to care, counseling, or treatment by physicians approved or | ||||||
| 22 | designated by the Department as a condition, term, or | ||||||
| 23 | restriction for continued, reinstated, or renewed licensure to | ||||||
| 24 | practice. Submission to care, counseling, or treatment as | ||||||
| 25 | required by the Department shall not be considered discipline | ||||||
| 26 | of a license. If the licensee refuses to enter into a care, | ||||||
| |||||||
| |||||||
| 1 | counseling, or treatment agreement or fails to abide by the | ||||||
| 2 | terms of the agreement, the Department may file a complaint to | ||||||
| 3 | revoke, suspend, or otherwise discipline the license of the | ||||||
| 4 | individual. The Secretary may order the license suspended | ||||||
| 5 | immediately, pending a hearing by the Department. Fines shall | ||||||
| 6 | not be assessed in disciplinary actions involving physical or | ||||||
| 7 | mental illness or impairment. | ||||||
| 8 | In instances in which the Secretary immediately suspends a | ||||||
| 9 | person's license under this Section, a hearing on that person's | ||||||
| 10 | license must be convened by the Department within 15 days after | ||||||
| 11 | the suspension and completed without appreciable delay. The | ||||||
| 12 | Department shall have the authority to review the subject | ||||||
| 13 | individual's record of treatment and counseling regarding the | ||||||
| 14 | impairment to the extent permitted by applicable federal | ||||||
| 15 | statutes and regulations safeguarding the confidentiality of | ||||||
| 16 | medical records. | ||||||
| 17 | An individual licensed under this Act and affected under | ||||||
| 18 | this Section shall be afforded an opportunity to demonstrate to | ||||||
| 19 | the Department that he or she can resume practice in compliance | ||||||
| 20 | with acceptable and prevailing standards under the provisions | ||||||
| 21 | of his or her license. | ||||||
| 22 | (d) (Blank).
| ||||||
| 23 | (Source: P.A. 97-706, eff. 6-25-12; 98-49, eff. 7-1-13; revised | ||||||
| 24 | 10-27-16.)
| ||||||
| 25 | Section 495. The Sex Offender Evaluation and Treatment | ||||||
| |||||||
| |||||||
| 1 | Provider Act is amended by changing Section 35 as follows:
| ||||||
| 2 | (225 ILCS 109/35)
| ||||||
| 3 | Sec. 35. Qualifications for licensure. | ||||||
| 4 | (a)(1) A person is qualified for licensure as a sex | ||||||
| 5 | offender evaluator if that person: | ||||||
| 6 | (A) has applied in writing on forms prepared and | ||||||
| 7 | furnished by the Department; | ||||||
| 8 | (B) has not engaged or is not engaged in any practice | ||||||
| 9 | or conduct that would be grounds for disciplining a | ||||||
| 10 | licensee under Section 75 of this Act; and | ||||||
| 11 | (C) satisfies the licensure and experience | ||||||
| 12 | requirements of paragraph (2) of this subsection (a). | ||||||
| 13 | (2) A person who applies to the Department shall be issued | ||||||
| 14 | a sex offender evaluator license by the Department if the | ||||||
| 15 | person meets the qualifications set forth in paragraph (1) of | ||||||
| 16 | this subsection (a) and provides evidence to the Department | ||||||
| 17 | that the person: | ||||||
| 18 | (A) is a physician licensed to practice medicine in all | ||||||
| 19 | of its branches under the Medical Practice Act of 1987 or | ||||||
| 20 | licensed under the laws of another state; an advanced | ||||||
| 21 | practice nurse with psychiatric specialty licensed under | ||||||
| 22 | the Nurse Practice Act or licensed under the laws of | ||||||
| 23 | another state; a clinical psychologist licensed under the | ||||||
| 24 | Clinical Psychologist Licensing Act or licensed under the | ||||||
| 25 | laws of another state; a licensed clinical social worker | ||||||
| |||||||
| |||||||
| 1 | licensed under the Clinical Social Work and Social Work | ||||||
| 2 | Practice Act or licensed under the laws of another state; a | ||||||
| 3 | licensed clinical professional counselor licensed under | ||||||
| 4 | the Professional Counselor and Clinical Professional | ||||||
| 5 | Counselor Licensing and Practice Act or licensed under the | ||||||
| 6 | laws of another state; or a licensed marriage and family | ||||||
| 7 | therapist licensed under the Marriage and Family Therapy | ||||||
| 8 | Therapist Licensing Act or licensed under the laws of | ||||||
| 9 | another state; | ||||||
| 10 | (B) has 400 hours of supervised experience in the | ||||||
| 11 | treatment or evaluation of sex offenders in the last 4 | ||||||
| 12 | years, at least 200 of which are face-to-face therapy or | ||||||
| 13 | evaluation with sex offenders; | ||||||
| 14 | (C) has completed at least 10 sex offender evaluations | ||||||
| 15 | under supervision in the past 4 years; and | ||||||
| 16 | (D) has at least 40 hours of documented training in the | ||||||
| 17 | specialty of sex offender evaluation, treatment, or | ||||||
| 18 | management. | ||||||
| 19 | Until January 1, 2015, the requirements of subparagraphs | ||||||
| 20 | (B) and (D) of paragraph (2) of this subsection (a) are | ||||||
| 21 | satisfied if the applicant has been listed on the Sex Offender | ||||||
| 22 | Management Board's Approved Provider List for a minimum of 2 | ||||||
| 23 | years before application for licensure. Until January 1, 2015, | ||||||
| 24 | the requirements of subparagraph (C) of paragraph (2) of this | ||||||
| 25 | subsection (a) are satisfied if the applicant has completed at | ||||||
| 26 | least 10 sex offender evaluations within the 4 years before | ||||||
| |||||||
| |||||||
| 1 | application for licensure. | ||||||
| 2 | (b)(1) A person is qualified for licensure as a sex | ||||||
| 3 | offender treatment provider if that person: | ||||||
| 4 | (A) has applied in writing on forms prepared and | ||||||
| 5 | furnished by the Department; | ||||||
| 6 | (B) has not engaged or is not engaged in any practice | ||||||
| 7 | or conduct that would be grounds for disciplining a | ||||||
| 8 | licensee under Section 75 of this Act; and | ||||||
| 9 | (C) satisfies the licensure and experience | ||||||
| 10 | requirements of paragraph (2) of this subsection (b). | ||||||
| 11 | (2) A person who applies to the Department shall be issued | ||||||
| 12 | a sex offender treatment provider license by the Department if | ||||||
| 13 | the person meets the qualifications set forth in paragraph (1) | ||||||
| 14 | of this subsection (b) and provides evidence to the Department | ||||||
| 15 | that the person: | ||||||
| 16 | (A) is a physician licensed to practice medicine in all | ||||||
| 17 | of its branches under the Medical Practice Act of 1987 or | ||||||
| 18 | licensed under the laws of another state; an advanced | ||||||
| 19 | practice nurse with psychiatric specialty licensed under | ||||||
| 20 | the Nurse Practice Act or licensed under the laws of | ||||||
| 21 | another state; a clinical psychologist licensed under the | ||||||
| 22 | Clinical Psychologist Licensing Act or licensed under the | ||||||
| 23 | laws of another state; a licensed clinical social worker | ||||||
| 24 | licensed under the Clinical Social Work and Social Work | ||||||
| 25 | Practice Act or licensed under the laws of another state; a | ||||||
| 26 | licensed clinical professional counselor licensed under | ||||||
| |||||||
| |||||||
| 1 | the Professional Counselor and Clinical Professional | ||||||
| 2 | Counselor Licensing and Practice Act or licensed under the | ||||||
| 3 | laws of another state; or a licensed marriage and family | ||||||
| 4 | therapist licensed under the Marriage and Family Therapy | ||||||
| 5 | Therapist Licensing Act or licensed under the laws of | ||||||
| 6 | another state; | ||||||
| 7 | (B) has 400 hours of supervised experience in the | ||||||
| 8 | treatment of sex offenders in the last 4 years, at least | ||||||
| 9 | 200 of which are face-to-face therapy with sex offenders; | ||||||
| 10 | and | ||||||
| 11 | (C) has at least 40 hours documented training in the | ||||||
| 12 | specialty of sex offender evaluation, treatment, or | ||||||
| 13 | management. | ||||||
| 14 | Until January 1, 2015, the requirements of subparagraphs | ||||||
| 15 | (B) and (C) of paragraph (2) of this subsection (b) are | ||||||
| 16 | satisfied if the applicant has been listed on the Sex Offender | ||||||
| 17 | Management Board's Approved Provider List for a minimum of 2 | ||||||
| 18 | years before application. | ||||||
| 19 | (c)(1) A person is qualified for licensure as an associate | ||||||
| 20 | sex offender provider if that person: | ||||||
| 21 | (A) has applied in writing on forms prepared and | ||||||
| 22 | furnished by the Department; | ||||||
| 23 | (B) has not engaged or is not engaged in any practice | ||||||
| 24 | or conduct that would be grounds for disciplining a | ||||||
| 25 | licensee under Section 75 of this Act; and | ||||||
| 26 | (C) satisfies the education and experience | ||||||
| |||||||
| |||||||
| 1 | requirements of paragraph (2) of this subsection (c).
| ||||||
| 2 | (2) A person who applies to the Department shall be issued | ||||||
| 3 | an associate sex offender provider license by the Department if | ||||||
| 4 | the person meets the qualifications set forth in paragraph (1) | ||||||
| 5 | of this subsection (c) and provides evidence to the Department | ||||||
| 6 | that the person holds a master's degree or higher in social | ||||||
| 7 | work, psychology, marriage and family therapy, counseling or | ||||||
| 8 | closely related behavioral science degree, or psychiatry.
| ||||||
| 9 | (Source: P.A. 97-1098, eff. 7-1-13; 98-612, eff. 12-27-13; | ||||||
| 10 | revised 9-14-16.)
| ||||||
| 11 | Section 500. The Veterinary Medicine and Surgery Practice | ||||||
| 12 | Act of 2004 is amended by changing Section 19.2 as follows:
| ||||||
| 13 | (225 ILCS 115/19.2) | ||||||
| 14 | (Section scheduled to be repealed on January 1, 2024) | ||||||
| 15 | Sec. 19.2. Patient requests for prescriptions. A | ||||||
| 16 | veterinarian Veterinarians shall honor a client's request for a | ||||||
| 17 | prescription in lieu of dispensing a drug when a | ||||||
| 18 | veterinarian-client-patient relationship exists and the | ||||||
| 19 | veterinarian has determined that the drug is medically | ||||||
| 20 | necessary.
| ||||||
| 21 | (Source: P.A. 99-223, eff. 7-31-15; revised 10-27-16.)
| ||||||
| 22 | Section 505. The Genetic Counselor Licensing Act is amended | ||||||
| 23 | by changing Sections 10 and 95 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 135/10) | ||||||
| 2 | (Section scheduled to be repealed on January 1, 2025) | ||||||
| 3 | Sec. 10. Definitions. As used in this Act: | ||||||
| 4 | "ABGC" means the American Board of Genetic Counseling. | ||||||
| 5 | "ABMG" means the American Board of Medical Genetics. | ||||||
| 6 | "Active candidate status" is awarded to applicants who have | ||||||
| 7 | received approval from the ABGC or ABMG to sit for their | ||||||
| 8 | respective certification examinations.
| ||||||
| 9 | "Address of record" means the designated address recorded | ||||||
| 10 | by the Department in the applicant's or licensee's application | ||||||
| 11 | file or license file as maintained by the Department's | ||||||
| 12 | licensure maintenance unit. It is the duty of the applicant or | ||||||
| 13 | licensee to inform the Department of any change of address, and | ||||||
| 14 | those changes must be made either through the Department's | ||||||
| 15 | website or by contacting the Department. | ||||||
| 16 | "Department" means the Department of Financial and | ||||||
| 17 | Professional Regulation. | ||||||
| 18 | "Genetic anomaly" means a variation in an individual's DNA | ||||||
| 19 | that has been shown to confer a genetically influenced disease | ||||||
| 20 | or predisposition to a genetically influenced disease or makes | ||||||
| 21 | a person a carrier of such variation. A "carrier" of a genetic | ||||||
| 22 | anomaly means a person who may or may not have a predisposition | ||||||
| 23 | or risk of incurring a genetically influenced condition and who | ||||||
| 24 | is at risk of having offspring with a genetically influenced | ||||||
| 25 | condition.
| ||||||
| |||||||
| |||||||
| 1 | "Genetic counseling" means the provision of services, | ||||||
| 2 | which may include the ordering of genetic tests, to | ||||||
| 3 | individuals, couples, groups, families, and organizations by | ||||||
| 4 | one or more appropriately trained individuals to address the | ||||||
| 5 | physical and psychological issues associated with the | ||||||
| 6 | occurrence or risk of occurrence or recurrence of a genetic | ||||||
| 7 | disorder, birth defect, disease, or potentially inherited or | ||||||
| 8 | genetically influenced condition in an individual or a family.
| ||||||
| 9 | "Genetic counseling" consists of the following: | ||||||
| 10 | (A) Estimating the likelihood of occurrence or | ||||||
| 11 | recurrence of a birth defect or of any potentially | ||||||
| 12 | inherited or genetically influenced condition. This | ||||||
| 13 | assessment may involve: | ||||||
| 14 | (i) obtaining and analyzing a complete health | ||||||
| 15 | history of the person and his or her family; | ||||||
| 16 | (ii) reviewing pertinent medical records; | ||||||
| 17 | (iii) evaluating the risks from exposure to | ||||||
| 18 | possible mutagens or teratogens; | ||||||
| 19 | (iv) recommending genetic testing or other | ||||||
| 20 | evaluations to diagnose a condition or determine the | ||||||
| 21 | carrier status of one or more family members; | ||||||
| 22 | (B) Helping the individual, family, health care | ||||||
| 23 | provider, or health care professional
(i) appreciate the | ||||||
| 24 | medical, psychological and social implications of a | ||||||
| 25 | disorder, including its features, variability, usual | ||||||
| 26 | course and management options, (ii) learn how genetic | ||||||
| |||||||
| |||||||
| 1 | factors contribute to the disorder and affect the chance | ||||||
| 2 | for recurrence of the condition in other family members, | ||||||
| 3 | and (iii) understand available options for coping with, | ||||||
| 4 | preventing, or reducing the chance of
occurrence or | ||||||
| 5 | recurrence of a condition.
| ||||||
| 6 | (C) Facilitating an individual's or family's
(i) | ||||||
| 7 | exploration of the perception of risk and burden associated | ||||||
| 8 | with the disorder and (ii) adjustment and adaptation to the | ||||||
| 9 | condition or their genetic risk by addressing needs for
| ||||||
| 10 | psychological, social, and medical support.
| ||||||
| 11 | "Genetic counselor" means a person licensed under this Act | ||||||
| 12 | to engage in the practice of genetic counseling. | ||||||
| 13 | "Genetic testing" and "genetic test" mean a test or | ||||||
| 14 | analysis of human genes, gene products, DNA, RNA, chromosomes, | ||||||
| 15 | proteins, or metabolites that detects genotypes, mutations, | ||||||
| 16 | chromosomal changes, abnormalities, or deficiencies, including | ||||||
| 17 | carrier status, that (i) are linked to physical or mental | ||||||
| 18 | disorders or impairments, (ii) indicate a susceptibility to | ||||||
| 19 | illness, disease, impairment, or other disorders, whether | ||||||
| 20 | physical or mental, or (iii) demonstrate genetic or chromosomal | ||||||
| 21 | damage due to environmental factors. "Genetic testing" and | ||||||
| 22 | "genetic tests" do not include routine physical measurements; | ||||||
| 23 | chemical, blood and urine analyses that are widely accepted and | ||||||
| 24 | in use in clinical practice; tests for use of drugs; tests for | ||||||
| 25 | the presence of the human immunodeficiency virus; analyses of | ||||||
| 26 | proteins or metabolites that do not detect genotypes, | ||||||
| |||||||
| |||||||
| 1 | mutations, chromosomal changes, abnormalities, or | ||||||
| 2 | deficiencies; or analyses of proteins or metabolites that are | ||||||
| 3 | directly related to a manifested disease, disorder, or | ||||||
| 4 | pathological condition that could reasonably be detected by a | ||||||
| 5 | health care professional with appropriate training and | ||||||
| 6 | expertise in the field of medicine involved. | ||||||
| 7 | "Person" means an individual, association, partnership, or | ||||||
| 8 | corporation. | ||||||
| 9 | "Qualified supervisor" means any person who is a licensed | ||||||
| 10 | genetic counselor, as defined by rule, or a physician licensed | ||||||
| 11 | to practice medicine in all its branches. A qualified | ||||||
| 12 | supervisor may be provided at the applicant's place of work, or | ||||||
| 13 | may be contracted by the applicant to provide supervision. The | ||||||
| 14 | qualified supervisor shall file written documentation with
the | ||||||
| 15 | Department of employment, discharge, or supervisory control of | ||||||
| 16 | a genetic counselor at the time of employment, discharge, or | ||||||
| 17 | assumption of supervision of a genetic counselor. | ||||||
| 18 | "Secretary" means the Secretary of Financial and | ||||||
| 19 | Professional Regulation. | ||||||
| 20 | "Supervision" means review of aspects of genetic | ||||||
| 21 | counseling and case management in a bimonthly meeting with the | ||||||
| 22 | person under supervision.
| ||||||
| 23 | (Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15; | ||||||
| 24 | 99-633, eff. 1-1-17; revised 10-27-16.)
| ||||||
| 25 | (225 ILCS 135/95) | ||||||
| |||||||
| |||||||
| 1 | (Section scheduled to be repealed on January 1, 2025) | ||||||
| 2 | Sec. 95. Grounds for discipline.
| ||||||
| 3 | (a) The Department may refuse to issue, renew, or may | ||||||
| 4 | revoke, suspend, place on probation, reprimand, or take other | ||||||
| 5 | disciplinary or non-disciplinary action as the Department | ||||||
| 6 | deems appropriate, including the issuance of fines not to | ||||||
| 7 | exceed $10,000 for each violation, with regard to any license | ||||||
| 8 | for any one or more of the following: | ||||||
| 9 | (1) Material misstatement in furnishing information to | ||||||
| 10 | the Department or to any other State agency.
| ||||||
| 11 | (2) Violations or negligent or intentional disregard | ||||||
| 12 | of this Act, or any of its rules.
| ||||||
| 13 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
| 14 | finding of guilt, jury verdict, or entry of judgment or | ||||||
| 15 | sentencing, including, but not limited to, convictions, | ||||||
| 16 | preceding sentences of supervision, conditional discharge, | ||||||
| 17 | or first offender probation, under the laws of any | ||||||
| 18 | jurisdiction of the United States: (i) that is a felony or | ||||||
| 19 | (ii) that is a misdemeanor, an essential element of which | ||||||
| 20 | is dishonesty, or that is directly related to the practice | ||||||
| 21 | of genetic counseling.
| ||||||
| 22 | (4) Making any misrepresentation for the purpose of | ||||||
| 23 | obtaining a license, or violating any provision of this Act | ||||||
| 24 | or its rules. | ||||||
| 25 | (5) Negligence in the rendering of genetic counseling | ||||||
| 26 | services.
| ||||||
| |||||||
| |||||||
| 1 | (6) Failure to provide genetic testing results and any | ||||||
| 2 | requested information to a referring physician licensed to | ||||||
| 3 | practice medicine in all its branches, advanced practice | ||||||
| 4 | nurse, or physician assistant.
| ||||||
| 5 | (7) Aiding or assisting another person in violating any | ||||||
| 6 | provision of this Act or any rules.
| ||||||
| 7 | (8) Failing to provide information within 60 days in | ||||||
| 8 | response to a written request made by the Department.
| ||||||
| 9 | (9) Engaging in dishonorable, unethical, or | ||||||
| 10 | unprofessional conduct of a character likely to deceive, | ||||||
| 11 | defraud, or harm the public and violating the rules of | ||||||
| 12 | professional conduct adopted by the Department.
| ||||||
| 13 | (10) Failing to maintain the confidentiality of any | ||||||
| 14 | information received from a client, unless otherwise | ||||||
| 15 | authorized or required by law.
| ||||||
| 16 | (10.5) Failure to maintain client records of services | ||||||
| 17 | provided and provide copies to clients upon request. | ||||||
| 18 | (11) Exploiting a client for personal advantage, | ||||||
| 19 | profit, or interest.
| ||||||
| 20 | (12) Habitual or excessive use or addiction to alcohol, | ||||||
| 21 | narcotics, stimulants, or any other chemical agent or drug | ||||||
| 22 | which results in inability to practice with reasonable | ||||||
| 23 | skill, judgment, or safety.
| ||||||
| 24 | (13) Discipline by another governmental agency or unit | ||||||
| 25 | of government, by any jurisdiction of the United States, or | ||||||
| 26 | by a foreign nation, if at least one of the grounds for the | ||||||
| |||||||
| |||||||
| 1 | discipline is the same or substantially equivalent to those | ||||||
| 2 | set forth in this Section.
| ||||||
| 3 | (14) Directly or indirectly giving to or receiving from | ||||||
| 4 | any person, firm, corporation, partnership, or association | ||||||
| 5 | any fee, commission, rebate, or other form of compensation | ||||||
| 6 | for any professional service not actually rendered. | ||||||
| 7 | Nothing in this paragraph (14) affects any bona fide | ||||||
| 8 | independent contractor or employment arrangements among | ||||||
| 9 | health care professionals, health facilities, health care | ||||||
| 10 | providers, or other entities, except as otherwise | ||||||
| 11 | prohibited by law. Any employment arrangements may include | ||||||
| 12 | provisions for compensation, health insurance, pension, or | ||||||
| 13 | other employment benefits for the provision of services | ||||||
| 14 | within the scope of the licensee's practice under this Act. | ||||||
| 15 | Nothing in this paragraph (14) shall be construed to | ||||||
| 16 | require an employment arrangement to receive professional | ||||||
| 17 | fees for services rendered. | ||||||
| 18 | (15) A finding by the Department that the licensee, | ||||||
| 19 | after having the license placed on probationary status has | ||||||
| 20 | violated the terms of probation.
| ||||||
| 21 | (16) Failing to refer a client to other health care | ||||||
| 22 | professionals when the licensee is unable or unwilling to | ||||||
| 23 | adequately support or serve the client.
| ||||||
| 24 | (17) Willfully filing false reports relating to a | ||||||
| 25 | licensee's practice, including but not limited to false | ||||||
| 26 | records filed with federal or State agencies or | ||||||
| |||||||
| |||||||
| 1 | departments.
| ||||||
| 2 | (18) Willfully failing to report an instance of | ||||||
| 3 | suspected child abuse or neglect as required by the Abused | ||||||
| 4 | and Neglected Child Reporting Act.
| ||||||
| 5 | (19) Being named as a perpetrator in an indicated | ||||||
| 6 | report by the Department of Children and Family Services | ||||||
| 7 | pursuant to the Abused and Neglected Child Reporting Act, | ||||||
| 8 | and upon proof by clear and convincing evidence that the | ||||||
| 9 | licensee has caused a child to be an abused child or | ||||||
| 10 | neglected child as defined in the Abused and Neglected | ||||||
| 11 | Child Reporting Act.
| ||||||
| 12 | (20) Physical or mental disability, including | ||||||
| 13 | deterioration through the aging process or loss of | ||||||
| 14 | abilities and skills which results in the inability to | ||||||
| 15 | practice the profession with reasonable judgment, skill, | ||||||
| 16 | or safety.
| ||||||
| 17 | (21) Solicitation of professional services by using | ||||||
| 18 | false or misleading advertising.
| ||||||
| 19 | (22) Failure to file a return, or to pay the tax, | ||||||
| 20 | penalty of interest shown in a filed return, or to pay any | ||||||
| 21 | final assessment of tax, penalty or interest, as required | ||||||
| 22 | by any tax Act administered by the Illinois Department of | ||||||
| 23 | Revenue or any successor agency or the Internal Revenue | ||||||
| 24 | Service or any successor agency.
| ||||||
| 25 | (23) Fraud or making any misrepresentation in applying | ||||||
| 26 | for or procuring a license under this Act or in connection | ||||||
| |||||||
| |||||||
| 1 | with applying for renewal of a license under this Act.
| ||||||
| 2 | (24) Practicing or attempting to practice under a name | ||||||
| 3 | other than the full name as shown on the license or any | ||||||
| 4 | other legally authorized name.
| ||||||
| 5 | (25) Gross overcharging for professional services, | ||||||
| 6 | including filing statements for collection of fees or | ||||||
| 7 | monies for which services are not rendered.
| ||||||
| 8 | (26) (Blank).
| ||||||
| 9 | (27) Charging for professional services not rendered, | ||||||
| 10 | including filing false statements for the collection of | ||||||
| 11 | fees for which services are not rendered. | ||||||
| 12 | (28) Allowing one's license under this Act to be used | ||||||
| 13 | by an unlicensed person in violation of this Act. | ||||||
| 14 | (b) The Department shall deny, without hearing, any | ||||||
| 15 | application or renewal for a license under this Act to any | ||||||
| 16 | person who has defaulted on an educational loan guaranteed by | ||||||
| 17 | the Illinois Student State Assistance Commission; however, the | ||||||
| 18 | Department may issue a license or renewal if the person in | ||||||
| 19 | default has established a satisfactory repayment record as | ||||||
| 20 | determined by the Illinois Student Assistance Commission.
| ||||||
| 21 | (c) The determination by a court that a licensee is subject | ||||||
| 22 | to involuntary admission or judicial admission as provided in | ||||||
| 23 | the Mental Health and Developmental Disabilities Code will | ||||||
| 24 | result in an automatic suspension of his or her license. The | ||||||
| 25 | suspension will end upon a finding by a court that the licensee | ||||||
| 26 | is no longer subject to involuntary admission or judicial | ||||||
| |||||||
| |||||||
| 1 | admission, the issuance of an order so finding and discharging | ||||||
| 2 | the patient, and the determination of the Secretary that the | ||||||
| 3 | licensee be allowed to resume professional practice. | ||||||
| 4 | (d) The Department may refuse to issue or renew or may | ||||||
| 5 | suspend without hearing the license of any person who fails to | ||||||
| 6 | file a return, to pay the tax penalty or interest shown in a | ||||||
| 7 | filed return, or to pay any final assessment of the tax, | ||||||
| 8 | penalty, or interest as required by any Act regarding the | ||||||
| 9 | payment of taxes administered by the Illinois Department of | ||||||
| 10 | Revenue until the requirements of the Act are satisfied in | ||||||
| 11 | accordance with subsection (g) of Section 2105-15 of the Civil | ||||||
| 12 | Administrative Code of Illinois. | ||||||
| 13 | (e) In cases where the Department of Healthcare and Family | ||||||
| 14 | Services has previously determined that a licensee or a | ||||||
| 15 | potential licensee is more than 30 days delinquent in the | ||||||
| 16 | payment of child support and has subsequently certified the | ||||||
| 17 | delinquency to the Department, the Department may refuse to | ||||||
| 18 | issue or renew or may revoke or suspend that person's license | ||||||
| 19 | or may take other disciplinary action against that person based | ||||||
| 20 | solely upon the certification of delinquency made by the | ||||||
| 21 | Department of Healthcare and Family Services in accordance with | ||||||
| 22 | item (5) of subsection (a) of Section 2105-15 of the Department | ||||||
| 23 | of Professional Regulation Law of the Civil Administrative Code | ||||||
| 24 | of Illinois. | ||||||
| 25 | (f) All fines or costs imposed under this Section shall be | ||||||
| 26 | paid within 60 days after the effective date of the order | ||||||
| |||||||
| |||||||
| 1 | imposing the fine or costs or in accordance with the terms set | ||||||
| 2 | forth in the order imposing the fine.
| ||||||
| 3 | (Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15; | ||||||
| 4 | 99-633, eff. 1-1-17; revised 10-27-16.)
| ||||||
| 5 | Section 510. The Private Sewage Disposal Licensing Act is | ||||||
| 6 | amended by changing Section 5 as follows:
| ||||||
| 7 | (225 ILCS 225/5) (from Ch. 111 1/2, par. 116.305)
| ||||||
| 8 | Sec. 5.
(a) The Director shall issue a private sewage | ||||||
| 9 | system
installation
contractor license or a private sewage | ||||||
| 10 | disposal system pumping contractor
license to persons applying | ||||||
| 11 | for such license who successfully pass a
written examination | ||||||
| 12 | prepared by the Department and who pay the required annual | ||||||
| 13 | license
fee in an amount determined by the Department.
Each | ||||||
| 14 | person who holds a currently valid plumbing license issued | ||||||
| 15 | under
the "Illinois Plumbing License Law", as now or hereafter | ||||||
| 16 | amended,
shall not be required to pay the
annual license fee | ||||||
| 17 | required by this Section, but such licensed person shall
comply | ||||||
| 18 | with all other provisions of this Act, including the | ||||||
| 19 | requirement
for examination for licensure.
| ||||||
| 20 | (b) A license issued under this Act shall expire on | ||||||
| 21 | December 31 of the
year issued, except that an original license | ||||||
| 22 | issued after October 1 and
before December 31 shall expire on | ||||||
| 23 | December 31 of the following year.
| ||||||
| 24 | The Department shall reinstate a license which expires | ||||||
| |||||||
| |||||||
| 1 | while a licensee
is in the active military service of the | ||||||
| 2 | United States upon application to
the Department by the former | ||||||
| 3 | licensee within 2 years after termination of
such military | ||||||
| 4 | service, payment of the annual license fee, and submission of
| ||||||
| 5 | evidence of such military service. Such license shall be | ||||||
| 6 | reinstated
without examination and without payment of the | ||||||
| 7 | reinstatement fee.
| ||||||
| 8 | (c) A private sewage disposal system pumping contractor or | ||||||
| 9 | a private
sewage system installation contractor whose license | ||||||
| 10 | has expired for a
period of less than 3 years may apply to the | ||||||
| 11 | Department for reinstatement
of his license. The Department | ||||||
| 12 | shall issue such renewed license provided
the applicant pays to | ||||||
| 13 | the Department all lapsed license fees, plus a
reinstatement | ||||||
| 14 | fee determined by the Department. A license which has expired | ||||||
| 15 | for more
than 3 years may be restored only by reapplying to | ||||||
| 16 | take the examination and
by successfully passing the written | ||||||
| 17 | examination.
| ||||||
| 18 | (Source: P.A. 85-1261; revised 9-14-16.)
| ||||||
| 19 | Section 515. The Structural Pest Control Act is amended by | ||||||
| 20 | changing Section 3.14 as follows:
| ||||||
| 21 | (225 ILCS 235/3.14) (from Ch. 111 1/2, par. 2203.14)
| ||||||
| 22 | (Section scheduled to be repealed on December 31, 2019)
| ||||||
| 23 | Sec. 3.14. "Restricted Pesticide" means any substance or
| ||||||
| 24 | mixture of substances intended for preventing, destroying,
| ||||||
| |||||||
| |||||||
| 1 | repelling, or mitigating any pest, the use of which has been
| ||||||
| 2 | categorized as restricted under subparagraph (C) of paragraph
| ||||||
| 3 | (1) of subsection (d) of Section 3 of the Federal
Insecticide, | ||||||
| 4 | Fungicide, and Rodenticide Act as amended or under
the Illinois | ||||||
| 5 | Pesticide Act.
| ||||||
| 6 | (Source: P.A. 85-177; reenacted by P.A. 95-786, eff. 8-7-08; | ||||||
| 7 | revised 9-14-16.)
| ||||||
| 8 | Section 520. The Interior Design Title Act is amended by | ||||||
| 9 | changing Section 21 as follows:
| ||||||
| 10 | (225 ILCS 310/21) (from Ch. 111, par. 8221)
| ||||||
| 11 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
| 12 | Sec. 21. Administrative Review Law. All final
| ||||||
| 13 | administrative decisions decision of the Department are | ||||||
| 14 | subject to judicial review
under the Administrative Review Law | ||||||
| 15 | and its rules. The term
"administrative decision" is defined as | ||||||
| 16 | in Section 3-101 of the Code of Civil
Procedure.
| ||||||
| 17 | Proceedings for judicial review shall be commenced in the | ||||||
| 18 | circuit
court of the county in which the party applying for | ||||||
| 19 | review resides, but if
the party is not a resident of this | ||||||
| 20 | State, the venue shall be in Sangamon
County.
| ||||||
| 21 | The Department shall not be required to certify any record | ||||||
| 22 | to the court
or file any answer in court or otherwise appear in | ||||||
| 23 | any court in a judicial
review proceeding, unless there is | ||||||
| 24 | filed in the court with the complaint a
receipt from the | ||||||
| |||||||
| |||||||
| 1 | Department acknowledging payment of the costs of
furnishing and | ||||||
| 2 | certifying the record. Exhibits shall be
certified without | ||||||
| 3 | cost. Failure on the part of the plaintiff to file a
receipt in | ||||||
| 4 | court shall be grounds for dismissal of the action. During the
| ||||||
| 5 | pendency and hearing of any and all judicial proceedings | ||||||
| 6 | incident to a
disciplinary action, any sanctions imposed upon | ||||||
| 7 | the registrant by the
Department shall remain in full force and | ||||||
| 8 | effect.
| ||||||
| 9 | (Source: P.A. 86-1404; 87-1031; revised 9-14-16.)
| ||||||
| 10 | Section 525. The Illinois Plumbing License Law is amended | ||||||
| 11 | by changing Section 3 as follows:
| ||||||
| 12 | (225 ILCS 320/3) (from Ch. 111, par. 1103)
| ||||||
| 13 | Sec. 3.
(1) All planning and designing of plumbing systems
| ||||||
| 14 | and all plumbing shall be performed only by plumbers licensed | ||||||
| 15 | under the
provisions of this Act hereinafter called "licensed | ||||||
| 16 | plumbers" and "licensed
apprentice plumbers". The inspection | ||||||
| 17 | of plumbing and plumbing systems
shall be done only by the | ||||||
| 18 | sponsor or his or her agent who shall be an Illinois
licensed | ||||||
| 19 | plumber. Nothing herein contained shall prohibit licensed
| ||||||
| 20 | plumbers or licensed apprentice plumbers under supervision | ||||||
| 21 | from planning,
designing, inspecting, installing, repairing, | ||||||
| 22 | maintaining, altering or
extending building sewers in | ||||||
| 23 | accordance with this Act. No person who holds
a license or | ||||||
| 24 | certificate of registration under the Illinois Architecture
| ||||||
| |||||||
| |||||||
| 1 | Practice Act of 1989, or the Structural Engineering
Practice | ||||||
| 2 | Act of 1989,
or the Professional Engineering Practice Act of | ||||||
| 3 | 1989 shall be prevented
from planning and designing plumbing | ||||||
| 4 | systems. Each licensed plumber shall, as a condition of each | ||||||
| 5 | annual license renewal after the first license, provide proof | ||||||
| 6 | of completion of 4 hours of continuing education. Sponsors of | ||||||
| 7 | continuing education shall meet the criteria provided by the | ||||||
| 8 | Board of Plumbing Examiners and Plumbing Code advisory council. | ||||||
| 9 | Continuing education courses shall provide instruction in | ||||||
| 10 | plumbing, which is supervised directly by an Illinois licensed | ||||||
| 11 | plumber only.
| ||||||
| 12 | (2) Nothing herein contained shall prohibit the owner | ||||||
| 13 | occupant or lessee
occupant of a single family residence, or | ||||||
| 14 | the owner of a single family
residence under construction for | ||||||
| 15 | his or her occupancy, from planning,
installing, altering or | ||||||
| 16 | repairing the plumbing system of such residence,
provided that | ||||||
| 17 | (i) such plumbing shall comply with the minimum standards for
| ||||||
| 18 | plumbing contained in the Illinois State Plumbing Code, and | ||||||
| 19 | shall be
subject to inspection by the Department or the local | ||||||
| 20 | governmental unit if
it retains a licensed plumber as an | ||||||
| 21 | inspector; and (ii) such owner, owner
occupant or lessee | ||||||
| 22 | occupant shall not employ other than a plumber licensed
| ||||||
| 23 | pursuant to this Act to assist him or her.
| ||||||
| 24 | For purposes of this subsection, a person shall be | ||||||
| 25 | considered an "occupant"
if and only if he or she has taken | ||||||
| 26 | possession of and is living in the premises
as his or her bona | ||||||
| |||||||
| |||||||
| 1 | fide sole and exclusive residence, or, in the case of
an owner | ||||||
| 2 | of a single family residence under construction for his or her
| ||||||
| 3 | occupancy, he or she expects to take possession of and live in | ||||||
| 4 | the premises
as his or her bona fide sole and exclusive | ||||||
| 5 | residence, and he or she has a
current intention to live in | ||||||
| 6 | such premises as his or her bona fide sole and
exclusive | ||||||
| 7 | residence for a period of not less than 6 months after the
| ||||||
| 8 | completion of the plumbing work performed pursuant to the | ||||||
| 9 | authorization of
this subsection, or, in the case of an owner | ||||||
| 10 | of a single family residence
under construction for his or her | ||||||
| 11 | occupancy, for a period
of not less than 6 months after the | ||||||
| 12 | completion of construction of the
residence. Failure to possess | ||||||
| 13 | and live in the premises as a sole and
exclusive residence for | ||||||
| 14 | a period of 6 months or more shall create a
rebuttable | ||||||
| 15 | presumption of a lack of such intention.
| ||||||
| 16 | (3) The employees of a firm, association, partnership or | ||||||
| 17 | corporation who
engage in plumbing shall be licensed plumbers | ||||||
| 18 | or licensed apprentice plumbers.
At least one member of every | ||||||
| 19 | firm, association or partnership engaged in
plumbing work, and | ||||||
| 20 | at least one corporate officer of every corporation
engaged in | ||||||
| 21 | plumbing work, as the case may be, shall be a licensed plumber.
| ||||||
| 22 | A retired plumber cannot fulfill the requirements of this | ||||||
| 23 | subsection (3).
Plumbing contractors are also required to be | ||||||
| 24 | registered pursuant to the
provisions of this Act.
| ||||||
| 25 | Notwithstanding the provisions of this subsection (3), it | ||||||
| 26 | shall be lawful
for
an irrigation
contractor registered under | ||||||
| |||||||
| |||||||
| 1 | Section 2.5 of this Act to employ or contract with
one or more | ||||||
| 2 | licensed plumbers in connection
with work on lawn sprinkler | ||||||
| 3 | systems pursuant to Section 2.5 of this Act.
| ||||||
| 4 | (4)(a) A licensed apprentice plumber shall plan, design and | ||||||
| 5 | install
plumbing only under the supervision of the sponsor or | ||||||
| 6 | his or her agent who is
also an Illinois licensed plumber.
| ||||||
| 7 | (b) An applicant for licensing as an apprentice plumber | ||||||
| 8 | shall be at
least 16 years of age and apply on the application | ||||||
| 9 | form provided by the
Department. Such application shall verify | ||||||
| 10 | that the applicant is sponsored
by an Illinois licensed plumber | ||||||
| 11 | or an approved apprenticeship program and
shall contain the | ||||||
| 12 | name and license number of the licensed plumber or program
| ||||||
| 13 | sponsor.
| ||||||
| 14 | (c) No licensed plumber shall sponsor more than 2 licensed | ||||||
| 15 | apprentice
plumbers at the same time. If 2 licensed apprentice | ||||||
| 16 | plumbers are sponsored
by a plumber at the same time, one of | ||||||
| 17 | the apprentices must have, at a
minimum, 2 years experience as | ||||||
| 18 | a licensed apprentice. No licensed plumber
sponsor or his or | ||||||
| 19 | her agent may supervise 2 licensed apprentices with less
than 2 | ||||||
| 20 | years experience at the same time. The sponsor or agent shall
| ||||||
| 21 | supervise and be responsible for the plumbing performed by a | ||||||
| 22 | licensed
apprentice.
| ||||||
| 23 | (d) No agent shall supervise more than 2 licensed | ||||||
| 24 | apprentices at the
same time.
| ||||||
| 25 | (e) No licensed plumber may, in any capacity, supervise | ||||||
| 26 | more than 2
licensed apprentice plumbers at the same time.
| ||||||
| |||||||
| |||||||
| 1 | (f) No approved apprenticeship program may sponsor more | ||||||
| 2 | licensed
apprentices than 2 times the number of licensed | ||||||
| 3 | plumbers available to
supervise those licensed apprentices.
| ||||||
| 4 | (g) No approved apprenticeship program may sponsor more | ||||||
| 5 | licensed
apprentices with less than 2 years experience than it | ||||||
| 6 | has licensed plumbers
available to supervise those licensed | ||||||
| 7 | apprentices.
| ||||||
| 8 | (h) No individual shall work as an apprentice plumber | ||||||
| 9 | unless he or she
is properly licensed under this Act. The | ||||||
| 10 | Department shall issue an
apprentice plumber's license to each | ||||||
| 11 | approved applicant.
| ||||||
| 12 | (i) No licensed apprentice plumber shall serve more than a | ||||||
| 13 | 6 year licensed
apprenticeship period. If, upon completion of a | ||||||
| 14 | 6 year licensed
apprenticeship period, such licensed | ||||||
| 15 | apprentice plumber does not apply for
the examination for a | ||||||
| 16 | plumber's license and successfully pass the
examination for a | ||||||
| 17 | plumber's license, his or her apprentice plumber's
license | ||||||
| 18 | shall not be renewed.
| ||||||
| 19 | Nothing contained in Public Act P.A. 83-878, entitled "An | ||||||
| 20 | Act in relation to
professions", approved September 26, 1983, | ||||||
| 21 | was intended by the General
Assembly nor should it be construed | ||||||
| 22 | to require the employees of a
governmental unit or privately | ||||||
| 23 | owned municipal water supplier who operate,
maintain or repair | ||||||
| 24 | a water or sewer plant facility which is owned or
operated by | ||||||
| 25 | such governmental unit or privately owned municipal water
| ||||||
| 26 | supplier to be licensed plumbers under this Act. In addition, | ||||||
| |||||||
| |||||||
| 1 | nothing
contained in Public Act P.A. 83-878 was intended by the | ||||||
| 2 | General Assembly nor should it
be construed to permit persons | ||||||
| 3 | other than licensed plumbers to perform the
installation, | ||||||
| 4 | repair, maintenance or replacement of plumbing fixtures, such
| ||||||
| 5 | as toilet facilities, floor drains, showers and lavatories, and | ||||||
| 6 | the piping
attendant to those fixtures, within such facility or | ||||||
| 7 | in the construction of
a new facility.
| ||||||
| 8 | Nothing contained in Public Act P.A. 83-878, entitled "An | ||||||
| 9 | Act in relation to
professions", approved September 26, 1983, | ||||||
| 10 | was intended by the General
Assembly nor should it be construed | ||||||
| 11 | to require the employees of a
governmental unit or privately | ||||||
| 12 | owned municipal water supplier who install,
repair or maintain | ||||||
| 13 | water service lines from water mains in the street, alley
or | ||||||
| 14 | curb line to private property lines and who install, repair or | ||||||
| 15 | maintain
water meters to be licensed plumbers under this Act if | ||||||
| 16 | such work was
customarily performed prior to the effective date | ||||||
| 17 | of such Act by employees
of such governmental unit or privately | ||||||
| 18 | owned municipal water supplier who
were not licensed plumbers. | ||||||
| 19 | Any such work which was customarily performed
prior to the | ||||||
| 20 | effective date of such Act by persons who were licensed
| ||||||
| 21 | plumbers or subcontracted to persons who were licensed plumbers | ||||||
| 22 | must
continue to be performed by persons who are licensed | ||||||
| 23 | plumbers or
subcontracted to persons who are licensed plumbers. | ||||||
| 24 | When necessary under
this Act, the Department shall make the | ||||||
| 25 | determination whether or not
persons who are licensed plumbers | ||||||
| 26 | customarily performed such work.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-504, eff. 1-1-17; revised 9-14-16.)
| ||||||
| 2 | Section 530. The Community Association Manager Licensing | ||||||
| 3 | and Disciplinary Act is amended by changing Section 10 as | ||||||
| 4 | follows:
| ||||||
| 5 | (225 ILCS 427/10)
| ||||||
| 6 | (Section scheduled to be repealed on January 1, 2020) | ||||||
| 7 | Sec. 10. Definitions. As used in this Act: | ||||||
| 8 | "Address of record" means the designated address recorded | ||||||
| 9 | by the Department in the applicant's or licensee's application | ||||||
| 10 | file or license file maintained by the Department's licensure | ||||||
| 11 | maintenance unit. It is the duty of the applicant or licensee | ||||||
| 12 | to inform the Department of any change of address, and such | ||||||
| 13 | changes must be made either through the Department's website or | ||||||
| 14 | by contacting the Department's licensure maintenance unit. | ||||||
| 15 | "Advertise" means, but is not limited to, issuing or | ||||||
| 16 | causing to be distributed any card, sign or device to any | ||||||
| 17 | person; or causing, permitting or allowing any sign or marking | ||||||
| 18 | on or in any building, structure, newspaper, magazine or | ||||||
| 19 | directory, or on radio or television; or advertising by any | ||||||
| 20 | other means designed to secure public attention. | ||||||
| 21 | "Board" means the Illinois Community Association Manager | ||||||
| 22 | Licensing and Disciplinary Board. | ||||||
| 23 | "Community association" means an association in which | ||||||
| 24 | membership is a condition of ownership or shareholder interest | ||||||
| |||||||
| |||||||
| 1 | of a unit in a condominium, cooperative, townhouse, villa, or | ||||||
| 2 | other residential unit which is part of a residential | ||||||
| 3 | development plan and that is authorized to impose an | ||||||
| 4 | assessment, rents, or other costs that may become a lien on the | ||||||
| 5 | unit or lot. | ||||||
| 6 | "Community association funds" means any assessments, fees, | ||||||
| 7 | fines, or other funds collected by the community association | ||||||
| 8 | manager from the community association, or its members, other | ||||||
| 9 | than the compensation paid to the community association manager | ||||||
| 10 | for performance of community association management services. | ||||||
| 11 | "Community association management firm" means a company, | ||||||
| 12 | corporation, limited liability company, or other entity that | ||||||
| 13 | engages in community association management services. | ||||||
| 14 | "Community association management services" means those | ||||||
| 15 | services listed in the definition of community association | ||||||
| 16 | manager in this Section. | ||||||
| 17 | "Community association manager" means an individual who | ||||||
| 18 | administers for remuneration the financial, administrative, | ||||||
| 19 | maintenance, or other duties for the community association, | ||||||
| 20 | including the following services: (A) collecting, controlling | ||||||
| 21 | or disbursing funds of the community association or having the | ||||||
| 22 | authority to do so; (B) preparing budgets or other financial | ||||||
| 23 | documents for the community association; (C) assisting in the | ||||||
| 24 | conduct of community association meetings; (D) maintaining | ||||||
| 25 | association records; and (E) administrating association | ||||||
| 26 | contracts, as stated in the declaration, bylaws, proprietary | ||||||
| |||||||
| |||||||
| 1 | lease, declaration of covenants, or other governing document of | ||||||
| 2 | the community association. "Community association manager" | ||||||
| 3 | does not mean support staff, including, but not limited to | ||||||
| 4 | bookkeepers, administrative assistants, secretaries, property | ||||||
| 5 | inspectors, or customer service representatives. | ||||||
| 6 | "Department" means the Department of Financial and | ||||||
| 7 | Professional Regulation. | ||||||
| 8 | "License" means the license issued to a person, | ||||||
| 9 | corporation, partnership, limited liability company, or other | ||||||
| 10 | legal entity under this Act to provide community association | ||||||
| 11 | management services. | ||||||
| 12 | "Person" means any individual, corporation, partnership, | ||||||
| 13 | limited liability company, or other legal entity. | ||||||
| 14 | "Secretary" means the Secretary of Financial and | ||||||
| 15 | Professional Regulation.
| ||||||
| 16 | "Supervising community association manager" means an | ||||||
| 17 | individual licensed as a community association manager who | ||||||
| 18 | manages and supervises a firm. | ||||||
| 19 | (Source: P.A. 98-365, eff. 1-1-14; revised 10-27-16.)
| ||||||
| 20 | Section 535. The Detection of Deception Examiners Act is | ||||||
| 21 | amended by changing Section 7.1 as follows:
| ||||||
| 22 | (225 ILCS 430/7.1) (from Ch. 111, par. 2408)
| ||||||
| 23 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
| 24 | Sec. 7.1. Administrative Procedure Act. The Illinois | ||||||
| |||||||
| |||||||
| 1 | Administrative
Procedure Act is hereby expressly adopted and | ||||||
| 2 | incorporated herein as if all of
the provisions of that Act | ||||||
| 3 | were included in this Act, except that the provision
of | ||||||
| 4 | subsection (d) of Section 10-65 of the Illinois Administrative | ||||||
| 5 | Procedure Act
that provides that at hearings the licensee has | ||||||
| 6 | the right to show compliance
with all lawful requirements for | ||||||
| 7 | retention, continuation, or renewal of the
license is | ||||||
| 8 | specifically excluded. For the purposes of this Act, the notice
| ||||||
| 9 | required under Section 10-25 of the Illinois Administrative | ||||||
| 10 | Procedure Act is deemed
sufficient when mailed to the last | ||||||
| 11 | known address of a party.
| ||||||
| 12 | (Source: P.A. 88-45; revised 9-14-16.)
| ||||||
| 13 | Section 540. The Real Estate Appraiser Licensing Act of | ||||||
| 14 | 2002 is amended by changing Section 5-15 as follows:
| ||||||
| 15 | (225 ILCS 458/5-15)
| ||||||
| 16 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
| 17 | Sec. 5-15. Application for State certified residential | ||||||
| 18 | real estate
appraiser. (a) Every person who
desires to obtain a | ||||||
| 19 | State certified residential real estate appraiser license
| ||||||
| 20 | shall:
| ||||||
| 21 | (1) apply to the Department
on forms provided by the | ||||||
| 22 | Department
accompanied by the required fee;
| ||||||
| 23 | (2) be at least 18 years of age;
| ||||||
| 24 | (3) (blank);
| ||||||
| |||||||
| |||||||
| 1 | (4) personally take and pass an examination authorized | ||||||
| 2 | by the Department
and endorsed
by
the AQB;
| ||||||
| 3 | (5) prior to taking the examination, provide evidence
| ||||||
| 4 | to the Department, in Modular Course format, with each | ||||||
| 5 | module conforming to the Required Core Curriculum | ||||||
| 6 | established and adopted by the AQB,
that he or she has | ||||||
| 7 | successfully completed the prerequisite
classroom hours of | ||||||
| 8 | instruction in appraising as established by the AQB and by
| ||||||
| 9 | rule; and
| ||||||
| 10 | (6) prior to taking the examination, provide evidence
| ||||||
| 11 | to the Department
that he or she has successfully completed | ||||||
| 12 | the prerequisite
experience and educational requirements | ||||||
| 13 | as established by AQB and by rule.
| ||||||
| 14 | (Source: P.A. 98-1109, eff. 1-1-15; revised 9-16-16.)
| ||||||
| 15 | Section 545. The Solicitation for Charity Act is amended by | ||||||
| 16 | changing Section 4 as follows:
| ||||||
| 17 | (225 ILCS 460/4) (from Ch. 23, par. 5104)
| ||||||
| 18 | Sec. 4.
(a) Every charitable organization registered | ||||||
| 19 | pursuant to Section 2
of this Act which shall receive in any | ||||||
| 20 | 12-month 12 month period ending upon its
established fiscal or | ||||||
| 21 | calendar year contributions in excess of $300,000
and every | ||||||
| 22 | charitable organization whose fund raising functions are not
| ||||||
| 23 | carried on solely by staff employees or persons who are unpaid | ||||||
| 24 | for such
services, if the organization shall receive in any | ||||||
| |||||||
| |||||||
| 1 | 12-month 12 month period ending
upon its established fiscal or | ||||||
| 2 | calendar year contributions in excess of
$25,000, shall file a
| ||||||
| 3 | written report with the Attorney General upon forms
prescribed | ||||||
| 4 | by him, on or before June 30 of each year if its books are kept
| ||||||
| 5 | on a calendar basis, or within 6 months after the close of its | ||||||
| 6 | fiscal year
if its books are kept on a fiscal year basis, which | ||||||
| 7 | written report shall
include a
financial statement covering the | ||||||
| 8 | immediately preceding 12-month 12 month period of
operation. | ||||||
| 9 | Such financial statement shall include a balance sheet and
| ||||||
| 10 | statement of income and expense, and shall be consistent with | ||||||
| 11 | forms
furnished by the Attorney General clearly setting forth | ||||||
| 12 | the following:
gross receipts and gross income from all | ||||||
| 13 | sources, broken down into total
receipts and income from each | ||||||
| 14 | separate solicitation
project or source; cost of | ||||||
| 15 | administration; cost of solicitation; cost of
programs | ||||||
| 16 | designed to inform or educate the public; funds or properties
| ||||||
| 17 | transferred out of this State, with explanation as to recipient | ||||||
| 18 | and
purpose; cost of fundraising; compensation paid to | ||||||
| 19 | trustees; and total net
amount disbursed or dedicated for each | ||||||
| 20 | major purpose,
charitable or otherwise. Such report shall also | ||||||
| 21 | include a statement of any
changes in the information required | ||||||
| 22 | to be contained in the registration
form filed on behalf of | ||||||
| 23 | such organization. The report shall be signed by
the president | ||||||
| 24 | or other authorized officer and the chief fiscal officer of
the | ||||||
| 25 | organization who shall certify that the statements therein are | ||||||
| 26 | true
and correct to the best of their knowledge, and shall be | ||||||
| |||||||
| |||||||
| 1 | accompanied by
an opinion signed by an independent certified | ||||||
| 2 | public accountant that the
financial statement therein fairly | ||||||
| 3 | represents the financial operations of
the organization in | ||||||
| 4 | sufficient detail to permit public evaluation of its
| ||||||
| 5 | operations. Said opinion may be relied upon by the Attorney | ||||||
| 6 | General.
| ||||||
| 7 | (b) Every organization registered pursuant to Section 2 of | ||||||
| 8 | this Act
which shall receive in any 12-month 12 month period | ||||||
| 9 | ending upon its established
fiscal or calendar year of any year
| ||||||
| 10 | contributions:
| ||||||
| 11 | (1) in excess of $15,000, but not in excess of $25,000, | ||||||
| 12 | during a
fiscal
year shall file only a simplified summary | ||||||
| 13 | financial statement disclosing only
the gross receipts, | ||||||
| 14 | total disbursements, and assets on hand at the end of the
| ||||||
| 15 | year on forms prescribed by the Attorney General; or
| ||||||
| 16 | (2) in excess of $25,000, but not in excess of | ||||||
| 17 | $300,000, if it is not
required to submit a report under
| ||||||
| 18 | subsection (a) of this Section, shall
file a written report | ||||||
| 19 | with the Attorney General upon forms prescribed by
him, on | ||||||
| 20 | or before June 30 of each year if its books are kept on a | ||||||
| 21 | calendar
basis, or within 6 months after the close of its | ||||||
| 22 | fiscal year if its books
are kept on a fiscal year basis, | ||||||
| 23 | which shall include a financial statement
covering the | ||||||
| 24 | immediately preceding 12-month period of operation limited | ||||||
| 25 | to
a statement of such organization's gross receipts from | ||||||
| 26 | contributions, the
gross amount expended for charitable | ||||||
| |||||||
| |||||||
| 1 | educational programs, other charitable
programs, | ||||||
| 2 | management expense, and fund
raising expenses including a | ||||||
| 3 | separate statement of the cost of any goods,
services or | ||||||
| 4 | admissions supplied as part of its solicitations, and the
| ||||||
| 5 | disposition of the net proceeds from contributions, | ||||||
| 6 | including compensation
paid to trustees, consistent with | ||||||
| 7 | forms furnished by the Attorney General.
Such report shall | ||||||
| 8 | also
include a statement of any changes in the information | ||||||
| 9 | required to be
contained in the registration form filed on | ||||||
| 10 | behalf of such organization.
The report shall be signed by | ||||||
| 11 | the president or other authorized officer and
the chief | ||||||
| 12 | fiscal officer of the organization who shall certify that | ||||||
| 13 | the
statements therein are true and correct to the best of | ||||||
| 14 | their knowledge.
| ||||||
| 15 | (c) For any fiscal or calendar year of any organization | ||||||
| 16 | registered
pursuant to Section 2 of this Act in which such | ||||||
| 17 | organization would have
been exempt from registration pursuant | ||||||
| 18 | to Section 3 of this Act if it had
not been so registered, or in | ||||||
| 19 | which it did not solicit or receive
contributions, such | ||||||
| 20 | organization shall file, on or before June 30 of each
year if | ||||||
| 21 | its books are kept on a calendar basis, or within 6 months | ||||||
| 22 | after
the close of its fiscal year if its books are kept on a | ||||||
| 23 | fiscal year basis,
instead of the reports required by | ||||||
| 24 | subdivisions (a) or (b) of this Section,
a statement certified | ||||||
| 25 | under penalty of perjury by its president and chief fiscal
| ||||||
| 26 | officer stating the exemption and the facts upon which it is | ||||||
| |||||||
| |||||||
| 1 | based or that
such organization did not solicit or receive | ||||||
| 2 | contributions in such fiscal
year. The statement shall also | ||||||
| 3 | include a statement of any
changes in the information required | ||||||
| 4 | to be contained in the registration form
filed on behalf of | ||||||
| 5 | such organization.
| ||||||
| 6 | (d) As an alternative means of satisfying the duties and | ||||||
| 7 | obligations
otherwise imposed by this Section, any veterans | ||||||
| 8 | organization
chartered or incorporated under federal law and | ||||||
| 9 | any veterans organization
which is affiliated with, and | ||||||
| 10 | recognized in the bylaws of, a
congressionally chartered or | ||||||
| 11 | incorporated organization may, at its option,
annually file | ||||||
| 12 | with the Attorney General the following documents:
| ||||||
| 13 | (1) A copy of its Form 990, as filed with the Internal | ||||||
| 14 | Revenue Service.
| ||||||
| 15 | (2) Copies of any reports required to be filed by the | ||||||
| 16 | affiliate with
the congressionally chartered or | ||||||
| 17 | incorporated veterans organization, as well
as copies of | ||||||
| 18 | any reports filed by the congressionally chartered or
| ||||||
| 19 | incorporated veterans organization with the government of | ||||||
| 20 | the United States
pursuant to federal law.
| ||||||
| 21 | (3) Copies of all contracts entered into by the | ||||||
| 22 | congressionally
chartered or incorporated veterans | ||||||
| 23 | organization or its affiliate for
purposes of raising funds | ||||||
| 24 | in this State, such copies to be filed with the
Attorney | ||||||
| 25 | General no more than 30 days after execution of the | ||||||
| 26 | contracts.
| ||||||
| |||||||
| |||||||
| 1 | (e) As an alternative means of satisfying all of the duties | ||||||
| 2 | and
obligations otherwise imposed by this Section, any person, | ||||||
| 3 | pursuant
to a
contract with a charitable organization, a | ||||||
| 4 | veterans organization or an
affiliate described or referred to | ||||||
| 5 | in subsection (d), who receives,
collects, holds or transports | ||||||
| 6 | as the agent of the organization or affiliate
for purposes of | ||||||
| 7 | resale any used or second hand personal property, including
but | ||||||
| 8 | not limited to household goods, furniture or clothing donated | ||||||
| 9 | to the
organization or affiliate may, at its option, annually | ||||||
| 10 | file with the
Attorney General the following documents, | ||||||
| 11 | accompanied by an annual filing fee
of $15:
| ||||||
| 12 | (1) A notarized report including the number of | ||||||
| 13 | donations of personal
property it has received on behalf of | ||||||
| 14 | the charitable organization, veterans
organization or | ||||||
| 15 | affiliate during the preceding proceeding year. For | ||||||
| 16 | purposes of this
report, the number of donations of | ||||||
| 17 | personal property shall refer to the
number of stops or | ||||||
| 18 | pickups made regardless of the number of items received
at | ||||||
| 19 | each stop or pickup. The report may cover the person's | ||||||
| 20 | fiscal year, in
which case it shall be filed with the | ||||||
| 21 | Attorney General no later than 90
days after the close of | ||||||
| 22 | that fiscal year.
| ||||||
| 23 | (2) All contracts with the charitable organization, | ||||||
| 24 | veterans
organization or affiliate under which the person | ||||||
| 25 | has acted as an agent for
the purposes listed above.
| ||||||
| 26 | (3) All contracts by which the person agreed to pay the | ||||||
| |||||||
| |||||||
| 1 | charitable
organization, veterans organization or | ||||||
| 2 | affiliate a fixed amount for, or a
fixed percentage of the | ||||||
| 3 | value of, each donation of used or second hand
personal | ||||||
| 4 | property. Copies of all such contracts shall be filed no | ||||||
| 5 | later
than 30 days after they are executed.
| ||||||
| 6 | (f) The Attorney General may seek appropriate equitable | ||||||
| 7 | relief from a
court or, in his discretion, cancel the | ||||||
| 8 | registration
of any organization which fails to comply with | ||||||
| 9 | subdivision (a), (b), or (c) of
this Section within the time | ||||||
| 10 | therein prescribed, or fails to furnish such
additional | ||||||
| 11 | information as is requested by the Attorney General within the
| ||||||
| 12 | required time; except that the time may be extended by the | ||||||
| 13 | Attorney General
for a period not to exceed 60 days upon a | ||||||
| 14 | timely written
request and for
good cause stated. Unless | ||||||
| 15 | otherwise stated herein, the Attorney General
shall, by
rule, | ||||||
| 16 | set forth the standards used to determine whether a | ||||||
| 17 | registration
shall be cancelled as authorized by this | ||||||
| 18 | subsection. Such standards shall
be stated as precisely and | ||||||
| 19 | clearly as practicable, to inform fully those
persons affected. | ||||||
| 20 | Notice of such cancellation shall be mailed to the
registrant | ||||||
| 21 | at least 15 days before the effective date thereof.
| ||||||
| 22 | (g) The Attorney General in his discretion may, pursuant to | ||||||
| 23 | rule,
accept executed copies of federal Internal Revenue | ||||||
| 24 | returns and reports as a
portion of the foregoing
annual | ||||||
| 25 | reporting in the interest of minimizing paperwork, except there
| ||||||
| 26 | shall be no substitute for the independent certified public | ||||||
| |||||||
| |||||||
| 1 | accountant
audit opinion required by this Act.
| ||||||
| 2 | (h) The Attorney General after canceling the registration | ||||||
| 3 | of any trust
or organization which fails to comply with
this
| ||||||
| 4 | Section within the time therein prescribed may by court | ||||||
| 5 | proceedings, in
addition to all other relief, seek to
collect | ||||||
| 6 | the assets and distribute such under court supervision to other
| ||||||
| 7 | charitable purposes.
| ||||||
| 8 | (i) Every trustee, person, and organization required to | ||||||
| 9 | file an annual
report shall pay a filing fee of $15 with each | ||||||
| 10 | annual financial report filed
pursuant to this Section. If a | ||||||
| 11 | proper and complete annual report is not timely
filed, a late | ||||||
| 12 | filing fee of an additional $100 is imposed and shall be paid
| ||||||
| 13 | as a condition of filing a late report. Reports submitted | ||||||
| 14 | without the proper
fee shall not be accepted for filing. | ||||||
| 15 | Payment of the late filing fee and
acceptance by the Attorney | ||||||
| 16 | General shall both be conditions of filing a late
report. All | ||||||
| 17 | late filing fees shall be used to provide charitable trust
| ||||||
| 18 | enforcement and dissemination of charitable trust information | ||||||
| 19 | to the public and
shall be maintained in a separate fund for | ||||||
| 20 | such purpose known as the Illinois
Charity Bureau Fund.
| ||||||
| 21 | (j) There is created hereby a separate special fund in the | ||||||
| 22 | State Treasury to
be known as the Illinois Charity Bureau Fund. | ||||||
| 23 | That Fund shall be under the
control of the Attorney General, | ||||||
| 24 | and the funds, fees, and penalties deposited
therein shall be | ||||||
| 25 | used by the Attorney General to enforce the provisions of this
| ||||||
| 26 | Act and to gather and disseminate information about charitable | ||||||
| |||||||
| |||||||
| 1 | trustees and
organizations to the public.
| ||||||
| 2 | (Source: P.A. 96-488, eff. 1-1-10; revised 10-27-16.)
| ||||||
| 3 | Section 550. The Coal Mining Act is amended by changing | ||||||
| 4 | Section 25.05 as follows:
| ||||||
| 5 | (225 ILCS 705/25.05) (from Ch. 96 1/2, par. 2505)
| ||||||
| 6 | Sec. 25.05.
The person to whom multi-gas detectors are | ||||||
| 7 | given shall be responsible for the
condition and proper use of | ||||||
| 8 | the multi-gas detectors while in their possession.
| ||||||
| 9 | (Source: P.A. 99-538, eff. 1-1-17; revised 9-16-16.)
| ||||||
| 10 | Section 555. The Surface-Mined Land Conservation and | ||||||
| 11 | Reclamation Act is amended by changing Section 8 as follows:
| ||||||
| 12 | (225 ILCS 715/8) (from Ch. 96 1/2, par. 4509)
| ||||||
| 13 | Sec. 8. Bond of operator; amount; sufficiency of surety; | ||||||
| 14 | violations;
compliance. Any bond herein provided to be filed | ||||||
| 15 | with the Department by the
operator shall be in such form as | ||||||
| 16 | the Director prescribes, payable to the
People of the State of | ||||||
| 17 | Illinois, conditioned that the operator shall
faithfully | ||||||
| 18 | perform all requirements of this Act and comply with all rules
| ||||||
| 19 | of the Department made in accordance with the provisions of | ||||||
| 20 | this Act. Such
bond shall be signed by the operator as | ||||||
| 21 | principal, and by a good and
sufficient corporate surety, | ||||||
| 22 | licensed to do business in Illinois, as
surety. The penalty of | ||||||
| |||||||
| |||||||
| 1 | such bond shall be an amount between $600 and $10,000
per acre | ||||||
| 2 | as determined by the Director for lands to be affected by
| ||||||
| 3 | surface mining, including slurry and gob disposal areas. Under | ||||||
| 4 | circumstances where a written agreement between the operator | ||||||
| 5 | and a third party requires require overburden to be removed, | ||||||
| 6 | replaced, graded, and seeded in a manner that the necessary | ||||||
| 7 | bond penalty exceeds $10,000 per acre, the Department shall | ||||||
| 8 | require a bond amount sufficient to ensure the completion of | ||||||
| 9 | the reclamation plan specified in the approved permit in the | ||||||
| 10 | event of forfeiture. In no case shall the bond for the entire | ||||||
| 11 | area under one permit be less than $600 per acre or $3,000, | ||||||
| 12 | whichever is greater. Areas used for
the disposal of slurry and | ||||||
| 13 | gob shall continue under bond so long as they
are in active | ||||||
| 14 | use. In lieu of such bonds, the operator may deposit any
| ||||||
| 15 | combination of cash, certificates of deposits, government | ||||||
| 16 | securities, or
irrevocable letters of credit
with the | ||||||
| 17 | Department in an amount equal to that of the required surety
| ||||||
| 18 | bond on conditions as prescribed in this Section. The penalty | ||||||
| 19 | of the bond or amount of other security
shall be increased or | ||||||
| 20 | reduced from time to time as provided in this Act.
Such bond or | ||||||
| 21 | security shall remain in effect until the affected lands have
| ||||||
| 22 | been reclaimed, approved, and released by the Department except | ||||||
| 23 | that when
the Department determines that grading and covering | ||||||
| 24 | with materials capable
of supporting vegetation in accordance | ||||||
| 25 | with the plan has been
satisfactorily completed, the Department | ||||||
| 26 | shall release the bond or security
except the amount of $100 | ||||||
| |||||||
| |||||||
| 1 | per acre which shall be retained by the
Department until the | ||||||
| 2 | reclamation according to Section 6 of this Act has
been | ||||||
| 3 | completed. Where an anticipated water impoundment has been | ||||||
| 4 | approved by
the Department in the reclamation plan, and the | ||||||
| 5 | Department determines the
impoundment will be satisfactorily | ||||||
| 6 | completed upon completion of the
operation, the bond covering | ||||||
| 7 | such anticipated water impoundment area shall
be released.
| ||||||
| 8 | A bond filed as above prescribed shall not be cancelled by | ||||||
| 9 | the surety
except after not less than 90 days' notice to the | ||||||
| 10 | Department.
| ||||||
| 11 | If the license to do business in Illinois of any surety | ||||||
| 12 | upon a bond
filed with the Department pursuant to this Act | ||||||
| 13 | shall be suspended or
revoked, the operator, within 30 days | ||||||
| 14 | after receiving notice thereof from
the Department, shall | ||||||
| 15 | substitute for such surety a good and sufficient
corporate | ||||||
| 16 | surety licensed to do business in Illinois. Upon failure of the
| ||||||
| 17 | operator to make substitution of surety as herein provided, the | ||||||
| 18 | Department
shall have the right to suspend the permit of the | ||||||
| 19 | operator until such
substitution has been made.
| ||||||
| 20 | The Department shall give written notice to the operator of | ||||||
| 21 | any
violation of this Act or non-compliance with any of the | ||||||
| 22 | rules and
regulations promulgated by the Department hereunder | ||||||
| 23 | and if corrective
measures, approved by the Department, are not | ||||||
| 24 | commenced within 45 days, the
Department may proceed as | ||||||
| 25 | provided in Section 11 of this Act to request
forfeiture of the | ||||||
| 26 | bond or security. The forfeiture shall be the amount of
bond or | ||||||
| |||||||
| |||||||
| 1 | security in effect at the time of default for each acre or | ||||||
| 2 | portion
thereof with respect to which the operator has | ||||||
| 3 | defaulted. Such forfeiture
shall fully satisfy all obligations | ||||||
| 4 | of the operator to reclaim the affected
land under the | ||||||
| 5 | provisions of this Act.
| ||||||
| 6 | The Department shall have the power to reclaim, in keeping | ||||||
| 7 | with the
provisions of this Act, any affected land with respect | ||||||
| 8 | to which a bond has
been forfeited.
| ||||||
| 9 | Whenever an operator shall have completed all requirements | ||||||
| 10 | under the
provisions of this Act as to any affected land, he | ||||||
| 11 | shall notify the
Department thereof. If the Department | ||||||
| 12 | determines that the operator has
completed reclamation | ||||||
| 13 | requirements and refuse disposal requirements and has
achieved | ||||||
| 14 | results appropriate to the use for which the area was | ||||||
| 15 | reclaimed,
the Department shall release the operator from | ||||||
| 16 | further obligations
regarding such affected land and the | ||||||
| 17 | penalty of the bond shall be reduced
proportionately.
| ||||||
| 18 | Bonding aggregate mining operations under permit by the | ||||||
| 19 | State is an
exclusive power and function of the State. A home | ||||||
| 20 | rule unit may not require
bonding of aggregate mining | ||||||
| 21 | operations under permit by the State. This
provision is a | ||||||
| 22 | denial and limitation of home rule powers and functions under
| ||||||
| 23 | subsection (h) of Section 6 of Article VII of the Illinois | ||||||
| 24 | Constitution of
1970.
| ||||||
| 25 | (Source: P.A. 99-224, eff. 1-1-16; revised 9-16-16.)
| ||||||
| |||||||
| |||||||
| 1 | Section 560. The Illinois Horse Racing Act of 1975 is | ||||||
| 2 | amended by changing Sections 26, 26.2, 32.1, and 40 as follows:
| ||||||
| 3 | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
| ||||||
| 4 | Sec. 26. Wagering.
| ||||||
| 5 | (a) Any licensee may conduct and supervise the pari-mutuel | ||||||
| 6 | system of
wagering, as defined in Section 3.12 of this Act, on | ||||||
| 7 | horse races conducted by
an Illinois organization
licensee or | ||||||
| 8 | conducted at a racetrack located in another state or country | ||||||
| 9 | and
televised in Illinois in accordance with subsection (g) of | ||||||
| 10 | Section 26 of this
Act. Subject to the prior consent of the | ||||||
| 11 | Board, licensees may supplement any
pari-mutuel pool in order | ||||||
| 12 | to guarantee a minimum distribution. Such
pari-mutuel method of | ||||||
| 13 | wagering shall not,
under any circumstances if conducted under | ||||||
| 14 | the provisions of this Act,
be held or construed to be | ||||||
| 15 | unlawful, other statutes of this State to the
contrary | ||||||
| 16 | notwithstanding.
Subject to rules for advance wagering | ||||||
| 17 | promulgated by the Board, any
licensee
may accept wagers in | ||||||
| 18 | advance of the day of
the race wagered upon occurs.
| ||||||
| 19 | (b) No other method of betting, pool making, wagering or
| ||||||
| 20 | gambling shall be used or permitted by the licensee. Each | ||||||
| 21 | licensee
may retain, subject to the payment of all applicable
| ||||||
| 22 | taxes and purses, an amount not to exceed 17% of all money | ||||||
| 23 | wagered
under subsection (a) of this Section, except as may | ||||||
| 24 | otherwise be permitted
under this Act.
| ||||||
| 25 | (b-5) An individual may place a wager under the pari-mutuel | ||||||
| |||||||
| |||||||
| 1 | system from
any licensed location authorized under this Act | ||||||
| 2 | provided that wager is
electronically recorded in the manner | ||||||
| 3 | described in Section 3.12 of this Act.
Any wager made | ||||||
| 4 | electronically by an individual while physically on the | ||||||
| 5 | premises
of a licensee shall be deemed to have been made at the | ||||||
| 6 | premises of that
licensee.
| ||||||
| 7 | (c) Until January 1, 2000, the sum held by any licensee for | ||||||
| 8 | payment of
outstanding pari-mutuel tickets, if unclaimed prior | ||||||
| 9 | to December 31 of the
next year, shall be retained by the | ||||||
| 10 | licensee for payment of
such tickets until that date. Within 10 | ||||||
| 11 | days thereafter, the balance of
such sum remaining unclaimed, | ||||||
| 12 | less any uncashed supplements contributed by such
licensee for | ||||||
| 13 | the purpose of guaranteeing minimum distributions
of any | ||||||
| 14 | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
| ||||||
| 15 | Rehabilitation Fund of the State treasury, except as provided | ||||||
| 16 | in subsection
(g) of Section 27 of this Act.
| ||||||
| 17 | (c-5) Beginning January 1, 2000, the sum held by any | ||||||
| 18 | licensee for payment
of
outstanding pari-mutuel tickets, if | ||||||
| 19 | unclaimed prior to December 31 of the
next year, shall be | ||||||
| 20 | retained by the licensee for payment of
such tickets until that | ||||||
| 21 | date. Within 10 days thereafter, the balance of
such sum | ||||||
| 22 | remaining unclaimed, less any uncashed supplements contributed | ||||||
| 23 | by such
licensee for the purpose of guaranteeing minimum | ||||||
| 24 | distributions
of any pari-mutuel pool, shall be evenly | ||||||
| 25 | distributed to the purse account of
the organization licensee | ||||||
| 26 | and the organization licensee.
| ||||||
| |||||||
| |||||||
| 1 | (d) A pari-mutuel ticket shall be honored until December 31 | ||||||
| 2 | of the
next calendar year, and the licensee shall pay the same | ||||||
| 3 | and may
charge the amount thereof against unpaid money | ||||||
| 4 | similarly accumulated on account
of pari-mutuel tickets not | ||||||
| 5 | presented for payment.
| ||||||
| 6 | (e) No licensee shall knowingly permit any minor, other
| ||||||
| 7 | than an employee of such licensee or an owner, trainer,
jockey, | ||||||
| 8 | driver, or employee thereof, to be admitted during a racing
| ||||||
| 9 | program unless accompanied by a parent or guardian, or any | ||||||
| 10 | minor to be a
patron of the pari-mutuel system of wagering | ||||||
| 11 | conducted or
supervised by it. The admission of any | ||||||
| 12 | unaccompanied minor, other than
an employee of the licensee or | ||||||
| 13 | an owner, trainer, jockey,
driver, or employee thereof at a | ||||||
| 14 | race track is a Class C
misdemeanor.
| ||||||
| 15 | (f) Notwithstanding the other provisions of this Act, an
| ||||||
| 16 | organization licensee may contract
with an entity in another | ||||||
| 17 | state or country to permit any legal
wagering entity in another | ||||||
| 18 | state or country to accept wagers solely within
such other | ||||||
| 19 | state or country on races conducted by the organization | ||||||
| 20 | licensee
in this State.
Beginning January 1, 2000, these wagers
| ||||||
| 21 | shall not be subject to State
taxation. Until January 1, 2000,
| ||||||
| 22 | when the out-of-State entity conducts a pari-mutuel pool
| ||||||
| 23 | separate from the organization licensee, a privilege tax equal | ||||||
| 24 | to 7 1/2% of
all monies received by the organization licensee | ||||||
| 25 | from entities in other states
or countries pursuant to such | ||||||
| 26 | contracts is imposed on the organization
licensee, and such | ||||||
| |||||||
| |||||||
| 1 | privilege tax shall be remitted to the
Department of Revenue
| ||||||
| 2 | within 48 hours of receipt of the moneys from the simulcast. | ||||||
| 3 | When the
out-of-State entity conducts a
combined pari-mutuel | ||||||
| 4 | pool with the organization licensee, the tax shall be 10%
of | ||||||
| 5 | all monies received by the organization licensee with 25% of | ||||||
| 6 | the
receipts from this 10% tax to be distributed to the county
| ||||||
| 7 | in which the race was conducted.
| ||||||
| 8 | An organization licensee may permit one or more of its | ||||||
| 9 | races to be
utilized for
pari-mutuel wagering at one or more | ||||||
| 10 | locations in other states and may
transmit audio and visual | ||||||
| 11 | signals of races the organization licensee
conducts to one or
| ||||||
| 12 | more locations outside the State or country and may also permit | ||||||
| 13 | pari-mutuel
pools in other states or countries to be combined | ||||||
| 14 | with its gross or net
wagering pools or with wagering pools | ||||||
| 15 | established by other states.
| ||||||
| 16 | (g) A host track may accept interstate simulcast wagers on
| ||||||
| 17 | horse
races conducted in other states or countries and shall | ||||||
| 18 | control the
number of signals and types of breeds of racing in | ||||||
| 19 | its simulcast program,
subject to the disapproval of the Board. | ||||||
| 20 | The Board may prohibit a simulcast
program only if it finds | ||||||
| 21 | that the simulcast program is clearly
adverse to the integrity | ||||||
| 22 | of racing. The host track
simulcast program shall
include the | ||||||
| 23 | signal of live racing of all organization licensees.
All | ||||||
| 24 | non-host licensees and advance deposit wagering licensees | ||||||
| 25 | shall carry the signal of and accept wagers on live racing of | ||||||
| 26 | all organization licensees. Advance deposit wagering licensees | ||||||
| |||||||
| |||||||
| 1 | shall not be permitted to accept out-of-state wagers on any | ||||||
| 2 | Illinois signal provided pursuant to this Section without the | ||||||
| 3 | approval and consent of the organization licensee providing the | ||||||
| 4 | signal. For one year after August 15, 2014 (the effective date | ||||||
| 5 | of Public Act 98-968) this amendatory Act of the 98th General | ||||||
| 6 | Assembly, non-host licensees may carry the host track simulcast | ||||||
| 7 | program and
shall accept wagers on all races included as part | ||||||
| 8 | of the simulcast
program of horse races conducted at race | ||||||
| 9 | tracks located within North America upon which wagering is | ||||||
| 10 | permitted. For a period of one year after August 15, 2014 (the | ||||||
| 11 | effective date of Public Act 98-968) this amendatory Act of the | ||||||
| 12 | 98th General Assembly, on horse races conducted at race tracks | ||||||
| 13 | located outside of North America, non-host licensees may accept | ||||||
| 14 | wagers on all races included as part of the simulcast program | ||||||
| 15 | upon which wagering is permitted. Beginning August 15, 2015 | ||||||
| 16 | (one year after the effective date of Public Act 98-968) this | ||||||
| 17 | amendatory Act of the 98th General Assembly, non-host licensees | ||||||
| 18 | may carry the host track simulcast program and shall accept | ||||||
| 19 | wagers on all races included as part of the simulcast program | ||||||
| 20 | upon which wagering is permitted.
All organization licensees | ||||||
| 21 | shall provide their live signal to all advance deposit wagering | ||||||
| 22 | licensees for a simulcast commission fee not to exceed 6% of | ||||||
| 23 | the advance deposit wagering licensee's Illinois handle on the | ||||||
| 24 | organization licensee's signal without prior approval by the | ||||||
| 25 | Board. The Board may adopt rules under which it may permit | ||||||
| 26 | simulcast commission fees in excess of 6%. The Board shall | ||||||
| |||||||
| |||||||
| 1 | adopt rules limiting the interstate commission fees charged to | ||||||
| 2 | an advance deposit wagering licensee. The Board shall adopt | ||||||
| 3 | rules regarding advance deposit wagering on interstate | ||||||
| 4 | simulcast races that shall reflect, among other things, the | ||||||
| 5 | General Assembly's desire to maximize revenues to the State, | ||||||
| 6 | horsemen purses, and organizational licensees. However, | ||||||
| 7 | organization licensees providing live signals pursuant to the | ||||||
| 8 | requirements of this subsection (g) may petition the Board to | ||||||
| 9 | withhold their live signals from an advance deposit wagering | ||||||
| 10 | licensee if the organization licensee discovers and the Board | ||||||
| 11 | finds reputable or credible information that the advance | ||||||
| 12 | deposit wagering licensee is under investigation by another | ||||||
| 13 | state or federal governmental agency, the advance deposit | ||||||
| 14 | wagering licensee's license has been suspended in another | ||||||
| 15 | state, or the advance deposit wagering licensee's license is in | ||||||
| 16 | revocation proceedings in another state. The organization | ||||||
| 17 | licensee's provision of their live signal to an advance deposit | ||||||
| 18 | wagering licensee under this subsection (g) pertains to wagers | ||||||
| 19 | placed from within Illinois. Advance deposit wagering | ||||||
| 20 | licensees may place advance deposit wagering terminals at | ||||||
| 21 | wagering facilities as a convenience to customers. The advance | ||||||
| 22 | deposit wagering licensee shall not charge or collect any fee | ||||||
| 23 | from purses for the placement of the advance deposit wagering | ||||||
| 24 | terminals. The costs and expenses
of the host track and | ||||||
| 25 | non-host licensees associated
with interstate simulcast
| ||||||
| 26 | wagering, other than the interstate
commission fee, shall be | ||||||
| |||||||
| |||||||
| 1 | borne by the host track and all
non-host licensees
incurring | ||||||
| 2 | these costs.
The interstate commission fee shall not exceed 5% | ||||||
| 3 | of Illinois handle on the
interstate simulcast race or races | ||||||
| 4 | without prior approval of the Board. The
Board shall promulgate | ||||||
| 5 | rules under which it may permit
interstate commission
fees in | ||||||
| 6 | excess of 5%. The interstate commission
fee and other fees | ||||||
| 7 | charged by the sending racetrack, including, but not
limited | ||||||
| 8 | to, satellite decoder fees, shall be uniformly applied
to the | ||||||
| 9 | host track and all non-host licensees.
| ||||||
| 10 | Notwithstanding any other provision of this Act, through | ||||||
| 11 | December 31, 2018, an organization licensee, with the consent | ||||||
| 12 | of the horsemen association representing the largest number of | ||||||
| 13 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
| 14 | horses at that organization licensee's racing meeting, may | ||||||
| 15 | maintain a system whereby advance deposit wagering may take | ||||||
| 16 | place or an organization licensee, with the consent of the | ||||||
| 17 | horsemen association representing the largest number of | ||||||
| 18 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
| 19 | horses at that organization licensee's racing meeting, may | ||||||
| 20 | contract with another person to carry out a system of advance | ||||||
| 21 | deposit wagering. Such consent may not be unreasonably | ||||||
| 22 | withheld. Only with respect to an appeal to the Board that | ||||||
| 23 | consent for an organization licensee that maintains its own | ||||||
| 24 | advance deposit wagering system is being unreasonably | ||||||
| 25 | withheld, the Board shall issue a final order within 30 days | ||||||
| 26 | after initiation of the appeal, and the organization licensee's | ||||||
| |||||||
| |||||||
| 1 | advance deposit wagering system may remain operational during | ||||||
| 2 | that 30-day period. The actions of any organization licensee | ||||||
| 3 | who conducts advance deposit wagering or any person who has a | ||||||
| 4 | contract with an organization licensee to conduct advance | ||||||
| 5 | deposit wagering who conducts advance deposit wagering on or | ||||||
| 6 | after January 1, 2013 and prior to June 7, 2013 (the effective | ||||||
| 7 | date of Public Act 98-18) this amendatory Act of the 98th | ||||||
| 8 | General Assembly taken in reliance on the changes made to this | ||||||
| 9 | subsection (g) by Public Act 98-18 this amendatory Act of the | ||||||
| 10 | 98th General Assembly are hereby validated, provided payment of | ||||||
| 11 | all applicable pari-mutuel taxes are remitted to the Board. All | ||||||
| 12 | advance deposit wagers placed from within Illinois must be | ||||||
| 13 | placed through a Board-approved advance deposit wagering | ||||||
| 14 | licensee; no other entity may accept an advance deposit wager | ||||||
| 15 | from a person within Illinois. All advance deposit wagering is | ||||||
| 16 | subject to any rules adopted by the Board. The Board may adopt | ||||||
| 17 | rules necessary to regulate advance deposit wagering through | ||||||
| 18 | the use of emergency rulemaking in accordance with Section 5-45 | ||||||
| 19 | of the Illinois Administrative Procedure Act. The General | ||||||
| 20 | Assembly finds that the adoption of rules to regulate advance | ||||||
| 21 | deposit wagering is deemed an emergency and necessary for the | ||||||
| 22 | public interest, safety, and welfare. An advance deposit | ||||||
| 23 | wagering licensee may retain all moneys as agreed to by | ||||||
| 24 | contract with an organization licensee. Any moneys retained by | ||||||
| 25 | the organization licensee from advance deposit wagering, not | ||||||
| 26 | including moneys retained by the advance deposit wagering | ||||||
| |||||||
| |||||||
| 1 | licensee, shall be paid 50% to the organization licensee's | ||||||
| 2 | purse account and 50% to the organization licensee. With the | ||||||
| 3 | exception of any organization licensee that is owned by a | ||||||
| 4 | publicly traded company that is incorporated in a state other | ||||||
| 5 | than Illinois and advance deposit wagering licensees under | ||||||
| 6 | contract with such organization licensees, organization | ||||||
| 7 | licensees that maintain advance deposit wagering systems and | ||||||
| 8 | advance deposit wagering licensees that contract with | ||||||
| 9 | organization licensees shall provide sufficiently detailed | ||||||
| 10 | monthly accountings to the horsemen association representing | ||||||
| 11 | the largest number of owners, trainers, jockeys, or | ||||||
| 12 | standardbred drivers who race horses at that organization | ||||||
| 13 | licensee's racing meeting so that the horsemen association, as | ||||||
| 14 | an interested party, can confirm the accuracy of the amounts | ||||||
| 15 | paid to the purse account at the horsemen association's | ||||||
| 16 | affiliated organization licensee from advance deposit | ||||||
| 17 | wagering. If more than one breed races at the same race track | ||||||
| 18 | facility, then the 50% of the moneys to be paid to an | ||||||
| 19 | organization licensee's purse account shall be allocated among | ||||||
| 20 | all organization licensees' purse accounts operating at that | ||||||
| 21 | race track facility proportionately based on the actual number | ||||||
| 22 | of host days that the Board grants to that breed at that race | ||||||
| 23 | track facility in the current calendar year. To the extent any | ||||||
| 24 | fees from advance deposit wagering conducted in Illinois for | ||||||
| 25 | wagers in Illinois or other states have been placed in escrow | ||||||
| 26 | or otherwise withheld from wagers pending a determination of | ||||||
| |||||||
| |||||||
| 1 | the legality of advance deposit wagering, no action shall be | ||||||
| 2 | brought to declare such wagers or the disbursement of any fees | ||||||
| 3 | previously escrowed illegal. | ||||||
| 4 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
| ||||||
| 5 | inter-track intertrack wagering
licensee other than the | ||||||
| 6 | host track may supplement the host track simulcast
program | ||||||
| 7 | with additional simulcast races or race programs, provided | ||||||
| 8 | that between
January 1 and the third Friday in February of | ||||||
| 9 | any year, inclusive, if no live
thoroughbred racing is | ||||||
| 10 | occurring in Illinois during this period, only
| ||||||
| 11 | thoroughbred races may be used
for supplemental interstate | ||||||
| 12 | simulcast purposes. The Board shall withhold
approval for a | ||||||
| 13 | supplemental interstate simulcast only if it finds that the
| ||||||
| 14 | simulcast is clearly adverse to the integrity of racing. A | ||||||
| 15 | supplemental
interstate simulcast may be transmitted from | ||||||
| 16 | an inter-track intertrack wagering licensee to
its | ||||||
| 17 | affiliated non-host licensees. The interstate commission | ||||||
| 18 | fee for a
supplemental interstate simulcast shall be paid | ||||||
| 19 | by the non-host licensee and
its affiliated non-host | ||||||
| 20 | licensees receiving the simulcast.
| ||||||
| 21 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| ||||||
| 22 | inter-track intertrack wagering
licensee other than the | ||||||
| 23 | host track may receive supplemental interstate
simulcasts | ||||||
| 24 | only with the consent of the host track, except when the | ||||||
| 25 | Board
finds that the simulcast is
clearly adverse to the | ||||||
| 26 | integrity of racing. Consent granted under this
paragraph | ||||||
| |||||||
| |||||||
| 1 | (2) to any inter-track intertrack wagering licensee shall | ||||||
| 2 | be deemed consent to
all non-host licensees. The interstate | ||||||
| 3 | commission fee for the supplemental
interstate simulcast | ||||||
| 4 | shall be paid
by all participating non-host licensees.
| ||||||
| 5 | (3) Each licensee conducting interstate simulcast | ||||||
| 6 | wagering may retain,
subject to the payment of all | ||||||
| 7 | applicable taxes and the purses, an amount not to
exceed | ||||||
| 8 | 17% of all money wagered. If any licensee conducts the | ||||||
| 9 | pari-mutuel
system wagering on races conducted at | ||||||
| 10 | racetracks in another state or country,
each such race or | ||||||
| 11 | race program shall be considered a separate racing day for
| ||||||
| 12 | the purpose of determining the daily handle and computing | ||||||
| 13 | the privilege tax of
that daily handle as provided in | ||||||
| 14 | subsection (a) of Section 27.
Until January 1, 2000,
from | ||||||
| 15 | the sums permitted to be retained pursuant to this | ||||||
| 16 | subsection, each
inter-track intertrack wagering location | ||||||
| 17 | licensee shall pay 1% of the pari-mutuel handle
wagered on | ||||||
| 18 | simulcast wagering to the Horse Racing Tax Allocation Fund, | ||||||
| 19 | subject
to the provisions of subparagraph (B) of paragraph | ||||||
| 20 | (11) of subsection (h) of
Section 26 of this Act.
| ||||||
| 21 | (4) A licensee who receives an interstate simulcast may | ||||||
| 22 | combine its gross
or net pools with pools at the sending | ||||||
| 23 | racetracks pursuant to rules established
by the Board. All | ||||||
| 24 | licensees combining their gross pools
at a
sending | ||||||
| 25 | racetrack shall adopt the take-out percentages of the | ||||||
| 26 | sending
racetrack.
A licensee may also establish a separate | ||||||
| |||||||
| |||||||
| 1 | pool and takeout structure for
wagering purposes on races | ||||||
| 2 | conducted at race tracks outside of the
State of Illinois. | ||||||
| 3 | The licensee may permit pari-mutuel wagers placed in other
| ||||||
| 4 | states or
countries to be combined with its gross or net | ||||||
| 5 | wagering pools or other
wagering pools.
| ||||||
| 6 | (5) After the payment of the interstate commission fee | ||||||
| 7 | (except for the
interstate commission
fee on a supplemental | ||||||
| 8 | interstate simulcast, which shall be paid by the host
track | ||||||
| 9 | and by each non-host licensee through the host-track) and | ||||||
| 10 | all applicable
State and local
taxes, except as provided in | ||||||
| 11 | subsection (g) of Section 27 of this Act, the
remainder of | ||||||
| 12 | moneys retained from simulcast wagering pursuant to this
| ||||||
| 13 | subsection (g), and Section 26.2 shall be divided as | ||||||
| 14 | follows:
| ||||||
| 15 | (A) For interstate simulcast wagers made at a host | ||||||
| 16 | track, 50% to the
host
track and 50% to purses at the | ||||||
| 17 | host track.
| ||||||
| 18 | (B) For wagers placed on interstate simulcast | ||||||
| 19 | races, supplemental
simulcasts as defined in | ||||||
| 20 | subparagraphs (1) and (2), and separately pooled races
| ||||||
| 21 | conducted outside of the State of Illinois made at a | ||||||
| 22 | non-host
licensee, 25% to the host
track, 25% to the | ||||||
| 23 | non-host licensee, and 50% to the purses at the host | ||||||
| 24 | track.
| ||||||
| 25 | (6) Notwithstanding any provision in this Act to the | ||||||
| 26 | contrary, non-host
licensees
who derive their licenses | ||||||
| |||||||
| |||||||
| 1 | from a track located in a county with a population in
| ||||||
| 2 | excess of 230,000 and that borders the Mississippi River | ||||||
| 3 | may receive
supplemental interstate simulcast races at all | ||||||
| 4 | times subject to Board approval,
which shall be withheld | ||||||
| 5 | only upon a finding that a supplemental interstate
| ||||||
| 6 | simulcast is clearly adverse to the integrity of racing.
| ||||||
| 7 | (7) Notwithstanding any provision of this Act to the | ||||||
| 8 | contrary, after
payment of all applicable State and local | ||||||
| 9 | taxes and interstate commission fees,
non-host licensees | ||||||
| 10 | who derive their licenses from a track located in a county
| ||||||
| 11 | with a population in excess of 230,000 and that borders the | ||||||
| 12 | Mississippi River
shall retain 50% of the retention from | ||||||
| 13 | interstate simulcast wagers and shall
pay 50% to purses at | ||||||
| 14 | the track from which the non-host licensee derives its
| ||||||
| 15 | license as follows:
| ||||||
| 16 | (A) Between January 1 and the third Friday in | ||||||
| 17 | February, inclusive, if no
live thoroughbred racing is | ||||||
| 18 | occurring in Illinois during this period, when the
| ||||||
| 19 | interstate simulcast is a standardbred race, the purse | ||||||
| 20 | share to its
standardbred purse account;
| ||||||
| 21 | (B) Between January 1 and the third Friday in | ||||||
| 22 | February, inclusive, if no
live thoroughbred racing is | ||||||
| 23 | occurring in Illinois during this period, and the
| ||||||
| 24 | interstate simulcast is a thoroughbred race, the purse | ||||||
| 25 | share to its interstate
simulcast purse pool to be | ||||||
| 26 | distributed under paragraph (10) of this subsection
| ||||||
| |||||||
| |||||||
| 1 | (g);
| ||||||
| 2 | (C) Between January 1 and the third Friday in | ||||||
| 3 | February, inclusive, if
live thoroughbred racing is | ||||||
| 4 | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | ||||||
| 5 | the purse share from wagers made during this time | ||||||
| 6 | period to its
thoroughbred purse account and between | ||||||
| 7 | 6:30 p.m. and 6:30 a.m. the purse share
from wagers | ||||||
| 8 | made during this time period to its standardbred purse | ||||||
| 9 | accounts;
| ||||||
| 10 | (D) Between the third Saturday in February and | ||||||
| 11 | December 31, when the
interstate simulcast occurs | ||||||
| 12 | between the hours of 6:30 a.m. and 6:30 p.m., the
purse | ||||||
| 13 | share to its thoroughbred purse account;
| ||||||
| 14 | (E) Between the third Saturday in February and | ||||||
| 15 | December 31, when the
interstate simulcast occurs | ||||||
| 16 | between the hours of 6:30 p.m. and 6:30 a.m., the
purse | ||||||
| 17 | share to its standardbred purse account.
| ||||||
| 18 | (7.1) Notwithstanding any other provision of this Act | ||||||
| 19 | to the contrary,
if
no
standardbred racing is conducted at | ||||||
| 20 | a racetrack located in Madison County
during any
calendar | ||||||
| 21 | year beginning on or after January 1, 2002, all
moneys | ||||||
| 22 | derived by
that racetrack from simulcast wagering and | ||||||
| 23 | inter-track wagering that (1) are to
be used
for purses and | ||||||
| 24 | (2) are generated between the hours of 6:30 p.m. and 6:30 | ||||||
| 25 | a.m.
during that
calendar year shall
be paid as follows:
| ||||||
| 26 | (A) If the licensee that conducts horse racing at | ||||||
| |||||||
| |||||||
| 1 | that racetrack
requests from the Board at least as many | ||||||
| 2 | racing dates as were conducted in
calendar year 2000, | ||||||
| 3 | 80% shall be paid to its thoroughbred purse account; | ||||||
| 4 | and
| ||||||
| 5 | (B) Twenty percent shall be deposited into the | ||||||
| 6 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
| 7 | be paid to purses for standardbred races for Illinois | ||||||
| 8 | conceived
and foaled horses conducted at any county | ||||||
| 9 | fairgrounds.
The moneys deposited into the Fund | ||||||
| 10 | pursuant to this subparagraph (B) shall be
deposited
| ||||||
| 11 | within 2
weeks after the day they were generated, shall | ||||||
| 12 | be in addition to and not in
lieu of any other
moneys | ||||||
| 13 | paid to standardbred purses under this Act, and shall | ||||||
| 14 | not be commingled
with other moneys paid into that | ||||||
| 15 | Fund. The moneys deposited
pursuant to this | ||||||
| 16 | subparagraph (B) shall be allocated as provided by the
| ||||||
| 17 | Department of Agriculture, with the advice and | ||||||
| 18 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
| 19 | Advisory Board.
| ||||||
| 20 | (7.2) Notwithstanding any other provision of this Act | ||||||
| 21 | to the contrary, if
no
thoroughbred racing is conducted at | ||||||
| 22 | a racetrack located in Madison County
during any
calendar | ||||||
| 23 | year beginning on or after January 1,
2002, all
moneys | ||||||
| 24 | derived by
that racetrack from simulcast wagering and | ||||||
| 25 | inter-track wagering that (1) are to
be used
for purses and | ||||||
| 26 | (2) are generated between the hours of 6:30 a.m. and 6:30 | ||||||
| |||||||
| |||||||
| 1 | p.m.
during that
calendar year shall
be deposited as | ||||||
| 2 | follows:
| ||||||
| 3 | (A) If the licensee that conducts horse racing at | ||||||
| 4 | that racetrack
requests from the
Board at least
as many | ||||||
| 5 | racing dates as were conducted in calendar year 2000, | ||||||
| 6 | 80%
shall be deposited into its standardbred purse
| ||||||
| 7 | account; and
| ||||||
| 8 | (B) Twenty percent shall be deposited into the | ||||||
| 9 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
| 10 | deposited into the Illinois Colt Stakes Purse
| ||||||
| 11 | Distribution Fund
pursuant to this subparagraph (B) | ||||||
| 12 | shall be paid to Illinois
conceived and foaled | ||||||
| 13 | thoroughbred breeders' programs
and to thoroughbred | ||||||
| 14 | purses for races conducted at any county fairgrounds | ||||||
| 15 | for
Illinois conceived
and foaled horses at the | ||||||
| 16 | discretion of the
Department of Agriculture, with the | ||||||
| 17 | advice and assistance of
the Illinois Thoroughbred | ||||||
| 18 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
| 19 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
| 20 | pursuant to this subparagraph (B) shall be deposited | ||||||
| 21 | within 2 weeks
after the day they were generated, shall | ||||||
| 22 | be in addition to and not in
lieu of any other moneys | ||||||
| 23 | paid to thoroughbred purses
under this Act, and shall | ||||||
| 24 | not be commingled with other moneys deposited into
that | ||||||
| 25 | Fund.
| ||||||
| 26 | (7.3) If no live standardbred racing is conducted at a | ||||||
| |||||||
| |||||||
| 1 | racetrack located
in
Madison
County in calendar year 2000 | ||||||
| 2 | or 2001,
an organization licensee who is licensed
to | ||||||
| 3 | conduct horse racing at that racetrack shall, before | ||||||
| 4 | January 1, 2002, pay
all
moneys derived from simulcast | ||||||
| 5 | wagering and inter-track wagering in calendar
years 2000 | ||||||
| 6 | and 2001 and
paid into the licensee's standardbred purse | ||||||
| 7 | account as follows:
| ||||||
| 8 | (A) Eighty percent to that licensee's thoroughbred | ||||||
| 9 | purse account to
be used for thoroughbred purses; and
| ||||||
| 10 | (B) Twenty percent to the Illinois Colt Stakes | ||||||
| 11 | Purse Distribution
Fund.
| ||||||
| 12 | Failure to make the payment to the Illinois Colt Stakes | ||||||
| 13 | Purse Distribution
Fund before January 1, 2002
shall
result | ||||||
| 14 | in the immediate revocation of the licensee's organization
| ||||||
| 15 | license, inter-track wagering license, and inter-track | ||||||
| 16 | wagering location
license.
| ||||||
| 17 | Moneys paid into the Illinois
Colt Stakes Purse | ||||||
| 18 | Distribution Fund pursuant to this
paragraph (7.3) shall be | ||||||
| 19 | paid to purses for standardbred
races for Illinois | ||||||
| 20 | conceived and foaled horses conducted
at any county
| ||||||
| 21 | fairgrounds.
Moneys paid into the Illinois
Colt Stakes | ||||||
| 22 | Purse Distribution Fund pursuant to this
paragraph (7.3) | ||||||
| 23 | shall be used as determined by the
Department of | ||||||
| 24 | Agriculture, with the advice and assistance of the
Illinois | ||||||
| 25 | Standardbred Breeders Fund Advisory Board, shall be in | ||||||
| 26 | addition to
and not in lieu of any other moneys paid to | ||||||
| |||||||
| |||||||
| 1 | standardbred purses under this Act,
and shall not be | ||||||
| 2 | commingled
with any other moneys paid into that Fund.
| ||||||
| 3 | (7.4) If live standardbred racing is conducted at a | ||||||
| 4 | racetrack located in
Madison
County at any time in calendar | ||||||
| 5 | year 2001 before the payment required
under
paragraph (7.3) | ||||||
| 6 | has been made, the organization licensee who is licensed to
| ||||||
| 7 | conduct
racing at that racetrack shall pay all moneys | ||||||
| 8 | derived by that racetrack from
simulcast
wagering and | ||||||
| 9 | inter-track wagering during calendar years 2000 and 2001 | ||||||
| 10 | that (1)
are to be
used for purses and (2) are generated | ||||||
| 11 | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | ||||||
| 12 | 2001 to the standardbred purse account at that
racetrack to
| ||||||
| 13 | be used for standardbred purses.
| ||||||
| 14 | (8) Notwithstanding any provision in this Act to the | ||||||
| 15 | contrary, an
organization licensee from a track located in | ||||||
| 16 | a county with a population in
excess of 230,000 and that | ||||||
| 17 | borders the Mississippi River and its affiliated
non-host | ||||||
| 18 | licensees shall not be entitled to share in any retention | ||||||
| 19 | generated on
racing, inter-track wagering, or simulcast | ||||||
| 20 | wagering at any other Illinois
wagering facility.
| ||||||
| 21 | (8.1) Notwithstanding any provisions in this Act to the | ||||||
| 22 | contrary, if 2
organization licensees
are conducting | ||||||
| 23 | standardbred race meetings concurrently
between the hours | ||||||
| 24 | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| ||||||
| 25 | State and local taxes and interstate commission fees, the | ||||||
| 26 | remainder of the
amount retained from simulcast wagering | ||||||
| |||||||
| |||||||
| 1 | otherwise attributable to the host
track and to host track | ||||||
| 2 | purses shall be split daily between the 2
organization | ||||||
| 3 | licensees and the purses at the tracks of the 2 | ||||||
| 4 | organization
licensees, respectively, based on each | ||||||
| 5 | organization licensee's share
of the total live handle for | ||||||
| 6 | that day,
provided that this provision shall not apply to | ||||||
| 7 | any non-host licensee that
derives its license from a track | ||||||
| 8 | located in a county with a population in
excess of 230,000 | ||||||
| 9 | and that borders the Mississippi River.
| ||||||
| 10 | (9) (Blank).
| ||||||
| 11 | (10) (Blank).
| ||||||
| 12 | (11) (Blank).
| ||||||
| 13 | (12) The Board shall have authority to compel all host | ||||||
| 14 | tracks to receive
the simulcast of any or all races | ||||||
| 15 | conducted at the Springfield or DuQuoin State
fairgrounds | ||||||
| 16 | and include all such races as part of their simulcast | ||||||
| 17 | programs.
| ||||||
| 18 | (13) Notwithstanding any other provision of this Act, | ||||||
| 19 | in the event that
the total Illinois pari-mutuel handle on | ||||||
| 20 | Illinois horse races at all wagering
facilities in any | ||||||
| 21 | calendar year is less than 75% of the total Illinois
| ||||||
| 22 | pari-mutuel handle on Illinois horse races at all such | ||||||
| 23 | wagering facilities for
calendar year 1994, then each | ||||||
| 24 | wagering facility that has an annual total
Illinois | ||||||
| 25 | pari-mutuel handle on Illinois horse races that is less | ||||||
| 26 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
| |||||||
| |||||||
| 1 | Illinois horse races at such wagering
facility for calendar | ||||||
| 2 | year 1994, shall be permitted to receive, from any amount
| ||||||
| 3 | otherwise
payable to the purse account at the race track | ||||||
| 4 | with which the wagering facility
is affiliated in the | ||||||
| 5 | succeeding calendar year, an amount equal to 2% of the
| ||||||
| 6 | differential in total Illinois pari-mutuel handle on | ||||||
| 7 | Illinois horse
races at the wagering facility between that | ||||||
| 8 | calendar year in question and 1994
provided, however, that | ||||||
| 9 | a
wagering facility shall not be entitled to any such | ||||||
| 10 | payment until the Board
certifies in writing to the | ||||||
| 11 | wagering facility the amount to which the wagering
facility | ||||||
| 12 | is entitled
and a schedule for payment of the amount to the | ||||||
| 13 | wagering facility, based on:
(i) the racing dates awarded | ||||||
| 14 | to the race track affiliated with the wagering
facility | ||||||
| 15 | during the succeeding year; (ii) the sums available or | ||||||
| 16 | anticipated to
be available in the purse account of the | ||||||
| 17 | race track affiliated with the
wagering facility for purses | ||||||
| 18 | during the succeeding year; and (iii) the need to
ensure | ||||||
| 19 | reasonable purse levels during the payment period.
The | ||||||
| 20 | Board's certification
shall be provided no later than | ||||||
| 21 | January 31 of the succeeding year.
In the event a wagering | ||||||
| 22 | facility entitled to a payment under this paragraph
(13) is | ||||||
| 23 | affiliated with a race track that maintains purse accounts | ||||||
| 24 | for both
standardbred and thoroughbred racing, the amount | ||||||
| 25 | to be paid to the wagering
facility shall be divided | ||||||
| 26 | between each purse account pro rata, based on the
amount of | ||||||
| |||||||
| |||||||
| 1 | Illinois handle on Illinois standardbred and thoroughbred | ||||||
| 2 | racing
respectively at the wagering facility during the | ||||||
| 3 | previous calendar year.
Annually, the General Assembly | ||||||
| 4 | shall appropriate sufficient funds from the
General | ||||||
| 5 | Revenue Fund to the Department of Agriculture for payment | ||||||
| 6 | into the
thoroughbred and standardbred horse racing purse | ||||||
| 7 | accounts at
Illinois pari-mutuel tracks. The amount paid to | ||||||
| 8 | each purse account shall be
the amount certified by the | ||||||
| 9 | Illinois Racing Board in January to be
transferred from | ||||||
| 10 | each account to each eligible racing facility in
accordance | ||||||
| 11 | with the provisions of this Section.
| ||||||
| 12 | (h) The Board may approve and license the conduct of | ||||||
| 13 | inter-track wagering
and simulcast wagering by inter-track | ||||||
| 14 | wagering licensees and inter-track
wagering location licensees | ||||||
| 15 | subject to the following terms and conditions:
| ||||||
| 16 | (1) Any person licensed to conduct a race meeting (i) | ||||||
| 17 | at a track where
60 or more days of racing were conducted | ||||||
| 18 | during the immediately preceding
calendar year or where | ||||||
| 19 | over the 5 immediately preceding calendar years an
average | ||||||
| 20 | of 30 or more days of racing were conducted annually may be | ||||||
| 21 | issued an
inter-track wagering license; (ii) at a track
| ||||||
| 22 | located in a county that is bounded by the Mississippi | ||||||
| 23 | River, which has a
population of less than 150,000 | ||||||
| 24 | according to the 1990 decennial census, and an
average of | ||||||
| 25 | at least 60 days of racing per year between 1985 and 1993 | ||||||
| 26 | may be
issued an inter-track wagering license; or (iii) at | ||||||
| |||||||
| |||||||
| 1 | a track
located in Madison
County that conducted at least | ||||||
| 2 | 100 days of live racing during the immediately
preceding
| ||||||
| 3 | calendar year may be issued an inter-track wagering | ||||||
| 4 | license, unless a lesser
schedule of
live racing is the | ||||||
| 5 | result of (A) weather, unsafe track conditions, or other
| ||||||
| 6 | acts of God; (B)
an agreement between the organization | ||||||
| 7 | licensee and the associations
representing the
largest | ||||||
| 8 | number of owners, trainers, jockeys, or standardbred | ||||||
| 9 | drivers who race
horses at
that organization licensee's | ||||||
| 10 | racing meeting; or (C) a finding by the Board of
| ||||||
| 11 | extraordinary circumstances and that it was in the best | ||||||
| 12 | interest of the public
and the sport to conduct fewer than | ||||||
| 13 | 100 days of live racing. Any such person
having operating | ||||||
| 14 | control of the racing facility may receive
inter-track | ||||||
| 15 | wagering
location licenses. An
eligible race track located | ||||||
| 16 | in a county that has a population of more than
230,000 and | ||||||
| 17 | that is bounded by the Mississippi River may establish up | ||||||
| 18 | to 9
inter-track wagering locations, and an eligible race | ||||||
| 19 | track located in Stickney Township in Cook County may | ||||||
| 20 | establish up to 16 inter-track wagering locations, and an | ||||||
| 21 | eligible race track located in Palatine Township in Cook | ||||||
| 22 | County may establish up to 18 inter-track wagering | ||||||
| 23 | locations.
An application for
said license shall be filed | ||||||
| 24 | with the Board prior to such dates as may be
fixed by the | ||||||
| 25 | Board. With an application for an inter-track
wagering
| ||||||
| 26 | location license there shall be delivered to the Board a | ||||||
| |||||||
| |||||||
| 1 | certified check or
bank draft payable to the order of the | ||||||
| 2 | Board for an amount equal to $500.
The application shall be | ||||||
| 3 | on forms prescribed and furnished by the Board. The
| ||||||
| 4 | application shall comply with all other rules,
regulations | ||||||
| 5 | and conditions imposed by the Board in connection | ||||||
| 6 | therewith.
| ||||||
| 7 | (2) The Board shall examine the applications with | ||||||
| 8 | respect to their
conformity with this Act and the rules and | ||||||
| 9 | regulations imposed by the
Board. If found to be in | ||||||
| 10 | compliance with the Act and rules and regulations
of the | ||||||
| 11 | Board, the Board may then issue a license to conduct | ||||||
| 12 | inter-track
wagering and simulcast wagering to such | ||||||
| 13 | applicant. All such applications
shall be acted upon by the | ||||||
| 14 | Board at a meeting to be held on such date as may be
fixed | ||||||
| 15 | by the Board.
| ||||||
| 16 | (3) In granting licenses to conduct inter-track | ||||||
| 17 | wagering and simulcast
wagering, the Board shall give due | ||||||
| 18 | consideration to
the best interests of the
public, of horse | ||||||
| 19 | racing, and of maximizing revenue to the State.
| ||||||
| 20 | (4) Prior to the issuance of a license to conduct | ||||||
| 21 | inter-track wagering
and simulcast wagering,
the applicant | ||||||
| 22 | shall file with the Board a bond payable to the State of | ||||||
| 23 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
| 24 | and a surety company or
companies authorized to do business | ||||||
| 25 | in this State, and conditioned upon
(i) the payment by the | ||||||
| 26 | licensee of all taxes due under Section 27 or 27.1
and any | ||||||
| |||||||
| |||||||
| 1 | other monies due and payable under this Act, and (ii)
| ||||||
| 2 | distribution by the licensee, upon presentation of the | ||||||
| 3 | winning ticket or
tickets, of all sums payable to the | ||||||
| 4 | patrons of pari-mutuel pools.
| ||||||
| 5 | (5) Each license to conduct inter-track wagering and | ||||||
| 6 | simulcast
wagering shall specify the person
to whom it is | ||||||
| 7 | issued, the dates on which such wagering is permitted, and
| ||||||
| 8 | the track or location where the wagering is to be | ||||||
| 9 | conducted.
| ||||||
| 10 | (6) All wagering under such license is subject to this | ||||||
| 11 | Act and to the
rules and regulations from time to time | ||||||
| 12 | prescribed by the Board, and every
such license issued by | ||||||
| 13 | the Board shall contain a recital to that effect.
| ||||||
| 14 | (7) An inter-track wagering licensee or inter-track | ||||||
| 15 | wagering location
licensee may accept wagers at the track | ||||||
| 16 | or location
where it is licensed, or as otherwise provided | ||||||
| 17 | under this Act.
| ||||||
| 18 | (8) Inter-track wagering or simulcast wagering shall | ||||||
| 19 | not be
conducted
at any track less than 5 miles from a | ||||||
| 20 | track at which a racing meeting is in
progress.
| ||||||
| 21 | (8.1) Inter-track wagering location
licensees who | ||||||
| 22 | derive their licenses from a particular organization | ||||||
| 23 | licensee
shall conduct inter-track wagering and simulcast | ||||||
| 24 | wagering only at locations that
are within 160 miles of | ||||||
| 25 | that race track
where
the particular organization licensee | ||||||
| 26 | is licensed to conduct racing. However, inter-track | ||||||
| |||||||
| |||||||
| 1 | wagering and simulcast wagering
shall not
be conducted by | ||||||
| 2 | those licensees at any location within 5 miles of any race
| ||||||
| 3 | track at which a
horse race meeting has been licensed in | ||||||
| 4 | the current year, unless the person
having operating | ||||||
| 5 | control of such race track has given its written consent
to | ||||||
| 6 | such inter-track wagering location licensees,
which | ||||||
| 7 | consent
must be filed with the Board at or prior to the | ||||||
| 8 | time application is made. In the case of any inter-track | ||||||
| 9 | wagering location licensee initially licensed after | ||||||
| 10 | December 31, 2013, inter-track wagering and simulcast | ||||||
| 11 | wagering shall not be conducted by those inter-track | ||||||
| 12 | wagering location licensees that are located outside the | ||||||
| 13 | City of Chicago at any location within 8 miles of any race | ||||||
| 14 | track at which a horse race meeting has been licensed in | ||||||
| 15 | the current year, unless the person having operating | ||||||
| 16 | control of such race track has given its written consent to | ||||||
| 17 | such inter-track wagering location licensees, which | ||||||
| 18 | consent must be filed with the Board at or prior to the | ||||||
| 19 | time application is made.
| ||||||
| 20 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
| 21 | not be
conducted by an inter-track
wagering location | ||||||
| 22 | licensee at any location within 500 feet of an
existing
| ||||||
| 23 | church or existing school, nor within 500 feet of the | ||||||
| 24 | residences
of more than 50 registered voters without
| ||||||
| 25 | receiving written permission from a majority of the | ||||||
| 26 | registered
voters at such residences.
Such written | ||||||
| |||||||
| |||||||
| 1 | permission statements shall be filed with the Board. The
| ||||||
| 2 | distance of 500 feet shall be measured to the nearest part | ||||||
| 3 | of any
building
used for worship services, education | ||||||
| 4 | programs, residential purposes, or
conducting inter-track | ||||||
| 5 | wagering by an inter-track wagering location
licensee, and | ||||||
| 6 | not to property boundaries. However, inter-track wagering | ||||||
| 7 | or
simulcast wagering may be conducted at a site within 500 | ||||||
| 8 | feet of
a church, school or residences
of 50 or more | ||||||
| 9 | registered voters if such church, school
or residences have | ||||||
| 10 | been erected
or established, or such voters have been | ||||||
| 11 | registered, after
the Board issues
the original | ||||||
| 12 | inter-track wagering location license at the site in | ||||||
| 13 | question.
Inter-track wagering location licensees may | ||||||
| 14 | conduct inter-track wagering
and simulcast wagering only | ||||||
| 15 | in areas that are zoned for
commercial or manufacturing | ||||||
| 16 | purposes or
in areas for which a special use has been | ||||||
| 17 | approved by the local zoning
authority. However, no license | ||||||
| 18 | to conduct inter-track wagering and simulcast
wagering | ||||||
| 19 | shall be
granted by the Board with respect to any | ||||||
| 20 | inter-track wagering location
within the jurisdiction of | ||||||
| 21 | any local zoning authority which has, by
ordinance or by | ||||||
| 22 | resolution, prohibited the establishment of an inter-track
| ||||||
| 23 | wagering location within its jurisdiction. However, | ||||||
| 24 | inter-track wagering
and simulcast wagering may be | ||||||
| 25 | conducted at a site if such ordinance or
resolution is | ||||||
| 26 | enacted after
the Board licenses the original inter-track | ||||||
| |||||||
| |||||||
| 1 | wagering location
licensee for the site in question.
| ||||||
| 2 | (9) (Blank).
| ||||||
| 3 | (10) An inter-track wagering licensee or an | ||||||
| 4 | inter-track wagering
location licensee may retain, subject | ||||||
| 5 | to the
payment of the privilege taxes and the purses, an | ||||||
| 6 | amount not to
exceed 17% of all money wagered. Each program | ||||||
| 7 | of racing conducted by
each inter-track wagering licensee | ||||||
| 8 | or inter-track wagering location
licensee shall be | ||||||
| 9 | considered a separate racing day for the purpose of
| ||||||
| 10 | determining the daily handle and computing the privilege | ||||||
| 11 | tax or pari-mutuel
tax on such daily
handle as provided in | ||||||
| 12 | Section 27.
| ||||||
| 13 | (10.1) Except as provided in subsection (g) of Section | ||||||
| 14 | 27 of this Act,
inter-track wagering location licensees | ||||||
| 15 | shall pay 1% of the
pari-mutuel handle at each location to | ||||||
| 16 | the municipality in which such
location is situated and 1% | ||||||
| 17 | of the pari-mutuel handle at each location to
the county in | ||||||
| 18 | which such location is situated. In the event that an
| ||||||
| 19 | inter-track wagering location licensee is situated in an | ||||||
| 20 | unincorporated
area of a county, such licensee shall pay 2% | ||||||
| 21 | of the pari-mutuel handle from
such location to such | ||||||
| 22 | county.
| ||||||
| 23 | (10.2) Notwithstanding any other provision of this | ||||||
| 24 | Act, with respect to inter-track
intertrack wagering at a | ||||||
| 25 | race track located in a
county that has a population of
| ||||||
| 26 | more than 230,000 and that is bounded by the Mississippi | ||||||
| |||||||
| |||||||
| 1 | River ("the first race
track"), or at a facility operated | ||||||
| 2 | by an inter-track wagering licensee or
inter-track | ||||||
| 3 | wagering location licensee that derives its license from | ||||||
| 4 | the
organization licensee that operates the first race | ||||||
| 5 | track, on races conducted at
the first race track or on | ||||||
| 6 | races conducted at another Illinois race track
and | ||||||
| 7 | simultaneously televised to the first race track or to a | ||||||
| 8 | facility operated
by an inter-track wagering licensee or | ||||||
| 9 | inter-track wagering location licensee
that derives its | ||||||
| 10 | license from the organization licensee that operates the | ||||||
| 11 | first
race track, those moneys shall be allocated as | ||||||
| 12 | follows:
| ||||||
| 13 | (A) That portion of all moneys wagered on | ||||||
| 14 | standardbred racing that is
required under this Act to | ||||||
| 15 | be paid to purses shall be paid to purses for
| ||||||
| 16 | standardbred races.
| ||||||
| 17 | (B) That portion of all moneys wagered on | ||||||
| 18 | thoroughbred racing
that is required under this Act to | ||||||
| 19 | be paid to purses shall be paid to purses
for | ||||||
| 20 | thoroughbred races.
| ||||||
| 21 | (11) (A) After payment of the privilege or pari-mutuel | ||||||
| 22 | tax, any other
applicable
taxes, and
the costs and expenses | ||||||
| 23 | in connection with the gathering, transmission, and
| ||||||
| 24 | dissemination of all data necessary to the conduct of | ||||||
| 25 | inter-track wagering,
the remainder of the monies retained | ||||||
| 26 | under either Section 26 or Section 26.2
of this Act by the | ||||||
| |||||||
| |||||||
| 1 | inter-track wagering licensee on inter-track wagering
| ||||||
| 2 | shall be allocated with 50% to be split between the
2 | ||||||
| 3 | participating licensees and 50% to purses, except
that an | ||||||
| 4 | inter-track intertrack wagering licensee that derives its
| ||||||
| 5 | license from a track located in a county with a population | ||||||
| 6 | in excess of 230,000
and that borders the Mississippi River | ||||||
| 7 | shall not divide any remaining
retention with the Illinois | ||||||
| 8 | organization licensee that provides the race or
races, and | ||||||
| 9 | an inter-track intertrack wagering licensee that accepts | ||||||
| 10 | wagers on races
conducted by an organization licensee that | ||||||
| 11 | conducts a race meet in a county
with a population in | ||||||
| 12 | excess of 230,000 and that borders the Mississippi River
| ||||||
| 13 | shall not divide any remaining retention with that | ||||||
| 14 | organization licensee.
| ||||||
| 15 | (B) From the
sums permitted to be retained pursuant to | ||||||
| 16 | this Act each inter-track wagering
location licensee shall | ||||||
| 17 | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | ||||||
| 18 | 4.75% of the
pari-mutuel handle on inter-track intertrack | ||||||
| 19 | wagering at such location on
races as purses, except that
| ||||||
| 20 | an inter-track intertrack wagering location licensee that | ||||||
| 21 | derives its license from a
track located in a county with a | ||||||
| 22 | population in excess of 230,000 and that
borders the | ||||||
| 23 | Mississippi River shall retain all purse moneys for its own | ||||||
| 24 | purse
account consistent with distribution set forth in | ||||||
| 25 | this subsection (h), and inter-track
intertrack wagering | ||||||
| 26 | location licensees that accept wagers on races
conducted
by | ||||||
| |||||||
| |||||||
| 1 | an organization licensee located in a county with a | ||||||
| 2 | population in excess of
230,000 and that borders the | ||||||
| 3 | Mississippi River shall distribute all purse
moneys to | ||||||
| 4 | purses at the operating host track; (iii) until January 1, | ||||||
| 5 | 2000,
except as
provided in
subsection (g) of Section 27 of | ||||||
| 6 | this Act, 1% of the
pari-mutuel handle wagered on | ||||||
| 7 | inter-track wagering and simulcast wagering at
each | ||||||
| 8 | inter-track wagering
location licensee facility to the | ||||||
| 9 | Horse Racing Tax Allocation Fund, provided
that, to the | ||||||
| 10 | extent the total amount collected and distributed to the | ||||||
| 11 | Horse
Racing Tax Allocation Fund under this subsection (h) | ||||||
| 12 | during any calendar year
exceeds the amount collected and | ||||||
| 13 | distributed to the Horse Racing Tax Allocation
Fund during | ||||||
| 14 | calendar year 1994, that excess amount shall be | ||||||
| 15 | redistributed (I)
to all inter-track wagering location | ||||||
| 16 | licensees, based on each licensee's
pro-rata share of the | ||||||
| 17 | total handle from inter-track wagering and simulcast
| ||||||
| 18 | wagering for all inter-track wagering location licensees | ||||||
| 19 | during the calendar
year in which this provision is | ||||||
| 20 | applicable; then (II) the amounts redistributed
to each | ||||||
| 21 | inter-track wagering location licensee as described in | ||||||
| 22 | subpart (I)
shall be further redistributed as provided in | ||||||
| 23 | subparagraph (B) of paragraph (5)
of subsection (g) of this | ||||||
| 24 | Section 26 provided first, that the shares of those
| ||||||
| 25 | amounts, which are to be redistributed to the host track or | ||||||
| 26 | to purses at the
host track under subparagraph (B) of | ||||||
| |||||||
| |||||||
| 1 | paragraph (5) of subsection (g) of this
Section 26 shall be
| ||||||
| 2 | redistributed based on each host track's pro rata share of | ||||||
| 3 | the total
inter-track
wagering and simulcast wagering | ||||||
| 4 | handle at all host tracks during the calendar
year in | ||||||
| 5 | question, and second, that any amounts redistributed as | ||||||
| 6 | described in
part (I) to an inter-track wagering location | ||||||
| 7 | licensee that accepts
wagers on races conducted by an | ||||||
| 8 | organization licensee that conducts a race meet
in a county | ||||||
| 9 | with a population in excess of 230,000 and that borders the
| ||||||
| 10 | Mississippi River shall be further redistributed as | ||||||
| 11 | provided in subparagraphs
(D) and (E) of paragraph (7) of | ||||||
| 12 | subsection (g) of this Section 26, with the
portion of that
| ||||||
| 13 | further redistribution allocated to purses at that | ||||||
| 14 | organization licensee to be
divided between standardbred | ||||||
| 15 | purses and thoroughbred purses based on the
amounts | ||||||
| 16 | otherwise allocated to purses at that organization | ||||||
| 17 | licensee during the
calendar year in question; and (iv) 8% | ||||||
| 18 | of the pari-mutuel handle on
inter-track wagering wagered | ||||||
| 19 | at
such location to satisfy all costs and expenses of | ||||||
| 20 | conducting its wagering. The
remainder of the monies | ||||||
| 21 | retained by the inter-track wagering location licensee
| ||||||
| 22 | shall be allocated 40% to the location licensee and 60% to | ||||||
| 23 | the organization
licensee which provides the Illinois | ||||||
| 24 | races to the location, except that an inter-track
| ||||||
| 25 | intertrack wagering location
licensee that derives its | ||||||
| 26 | license from a track located in a county with a
population | ||||||
| |||||||
| |||||||
| 1 | in excess of 230,000 and that borders the Mississippi River | ||||||
| 2 | shall
not divide any remaining retention with the | ||||||
| 3 | organization licensee that provides
the race or races and | ||||||
| 4 | an inter-track intertrack wagering location licensee that | ||||||
| 5 | accepts
wagers on races conducted by an organization | ||||||
| 6 | licensee that conducts a race meet
in a county with a | ||||||
| 7 | population in excess of 230,000 and that borders the
| ||||||
| 8 | Mississippi River shall not divide any remaining retention | ||||||
| 9 | with the
organization licensee.
Notwithstanding the | ||||||
| 10 | provisions of clauses (ii) and (iv) of this
paragraph, in | ||||||
| 11 | the case of the additional inter-track wagering location | ||||||
| 12 | licenses
authorized under paragraph (1) of this subsection | ||||||
| 13 | (h) by Public Act 87-110 this amendatory
Act of 1991, those | ||||||
| 14 | licensees shall pay the following amounts as purses:
during | ||||||
| 15 | the first 12 months the licensee is in operation, 5.25% of
| ||||||
| 16 | the
pari-mutuel handle wagered at the location on races; | ||||||
| 17 | during the second 12
months, 5.25%; during the third 12 | ||||||
| 18 | months, 5.75%;
during
the fourth 12 months,
6.25%; and | ||||||
| 19 | during the fifth 12 months and thereafter, 6.75%. The
| ||||||
| 20 | following amounts shall be retained by the licensee to | ||||||
| 21 | satisfy all costs
and expenses of conducting its wagering: | ||||||
| 22 | during the first 12 months the
licensee is in operation, | ||||||
| 23 | 8.25% of the pari-mutuel handle wagered
at the
location; | ||||||
| 24 | during the second 12 months, 8.25%; during the third 12
| ||||||
| 25 | months, 7.75%;
during the fourth 12 months, 7.25%; and | ||||||
| 26 | during the fifth 12 months
and
thereafter, 6.75%.
For | ||||||
| |||||||
| |||||||
| 1 | additional inter-track intertrack wagering location | ||||||
| 2 | licensees authorized under Public Act 89-16 this
| ||||||
| 3 | amendatory
Act of 1995, purses for the first 12 months the | ||||||
| 4 | licensee is in operation shall
be 5.75% of the pari-mutuel | ||||||
| 5 | wagered
at the location, purses for the second 12 months | ||||||
| 6 | the licensee is in operation
shall be 6.25%, and purses
| ||||||
| 7 | thereafter shall be 6.75%. For additional inter-track | ||||||
| 8 | intertrack location
licensees
authorized under Public Act | ||||||
| 9 | 89-16
this amendatory Act of 1995, the licensee shall be | ||||||
| 10 | allowed to retain to satisfy
all costs and expenses: 7.75% | ||||||
| 11 | of the pari-mutuel handle wagered at
the location
during | ||||||
| 12 | its first 12 months of operation, 7.25% during its second
| ||||||
| 13 | 12
months of
operation, and 6.75% thereafter.
| ||||||
| 14 | (C) There is hereby created the Horse Racing Tax | ||||||
| 15 | Allocation Fund
which shall remain in existence until | ||||||
| 16 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
| 17 | December 31, 1999
shall be paid into the
General Revenue | ||||||
| 18 | Fund. Until January 1, 2000,
all monies paid into the Horse | ||||||
| 19 | Racing Tax Allocation Fund pursuant to this
paragraph (11) | ||||||
| 20 | by inter-track wagering location licensees located in park
| ||||||
| 21 | districts of 500,000 population or less, or in a | ||||||
| 22 | municipality that is not
included within any park district | ||||||
| 23 | but is included within a conservation
district and is the | ||||||
| 24 | county seat of a county that (i) is contiguous to the state
| ||||||
| 25 | of Indiana and (ii) has a 1990 population of 88,257 | ||||||
| 26 | according to the United
States Bureau of the Census, and | ||||||
| |||||||
| |||||||
| 1 | operating on May 1, 1994 shall be
allocated by | ||||||
| 2 | appropriation as follows:
| ||||||
| 3 | Two-sevenths to the Department of Agriculture. | ||||||
| 4 | Fifty percent of
this two-sevenths shall be used to | ||||||
| 5 | promote the Illinois horse racing and
breeding | ||||||
| 6 | industry, and shall be distributed by the Department of | ||||||
| 7 | Agriculture
upon the advice of a 9-member committee | ||||||
| 8 | appointed by the Governor consisting of
the following | ||||||
| 9 | members: the Director of Agriculture, who shall serve | ||||||
| 10 | as
chairman; 2 representatives of organization | ||||||
| 11 | licensees conducting thoroughbred
race meetings in | ||||||
| 12 | this State, recommended by those licensees; 2 | ||||||
| 13 | representatives
of organization licensees conducting | ||||||
| 14 | standardbred race meetings in this State,
recommended | ||||||
| 15 | by those licensees; a representative of the Illinois
| ||||||
| 16 | Thoroughbred Breeders and Owners Foundation, | ||||||
| 17 | recommended by that
Foundation; a representative of | ||||||
| 18 | the Illinois Standardbred Owners and
Breeders | ||||||
| 19 | Association, recommended
by that Association; a | ||||||
| 20 | representative of
the Horsemen's Benevolent and | ||||||
| 21 | Protective Association or any successor
organization | ||||||
| 22 | thereto established in Illinois comprised of the | ||||||
| 23 | largest number of
owners and trainers, recommended by | ||||||
| 24 | that
Association or that successor organization; and a
| ||||||
| 25 | representative of the Illinois Harness Horsemen's
| ||||||
| 26 | Association, recommended by that Association. | ||||||
| |||||||
| |||||||
| 1 | Committee members shall
serve for terms of 2 years, | ||||||
| 2 | commencing January 1 of each even-numbered
year. If a | ||||||
| 3 | representative of any of the above-named entities has | ||||||
| 4 | not been
recommended by January 1 of any even-numbered | ||||||
| 5 | year, the Governor shall
appoint a committee member to | ||||||
| 6 | fill that position. Committee members shall
receive no | ||||||
| 7 | compensation for their services as members but shall be
| ||||||
| 8 | reimbursed for all actual and necessary expenses and | ||||||
| 9 | disbursements incurred
in the performance of their | ||||||
| 10 | official duties. The remaining 50% of this
| ||||||
| 11 | two-sevenths shall be distributed to county fairs for | ||||||
| 12 | premiums and
rehabilitation as set forth in the | ||||||
| 13 | Agricultural Fair Act;
| ||||||
| 14 | Four-sevenths to park districts or municipalities | ||||||
| 15 | that do not have a
park district of 500,000 population | ||||||
| 16 | or less for museum purposes (if an
inter-track wagering | ||||||
| 17 | location licensee is located in such a park district) | ||||||
| 18 | or
to conservation districts for museum purposes (if an | ||||||
| 19 | inter-track wagering
location licensee is located in a | ||||||
| 20 | municipality that is not included within any
park | ||||||
| 21 | district but is included within a conservation | ||||||
| 22 | district and is the county
seat of a county that (i) is | ||||||
| 23 | contiguous to the state of Indiana and (ii) has a
1990 | ||||||
| 24 | population of 88,257 according to the United States | ||||||
| 25 | Bureau of the Census,
except that if the conservation | ||||||
| 26 | district does not maintain a museum, the monies
shall | ||||||
| |||||||
| |||||||
| 1 | be allocated equally between the county and the | ||||||
| 2 | municipality in which the
inter-track wagering | ||||||
| 3 | location licensee is located for general purposes) or | ||||||
| 4 | to a
municipal recreation board for park purposes (if | ||||||
| 5 | an inter-track wagering
location licensee is located | ||||||
| 6 | in a municipality that is not included within any
park | ||||||
| 7 | district and park maintenance is the function of the | ||||||
| 8 | municipal recreation
board and the municipality has a | ||||||
| 9 | 1990 population of 9,302 according to the
United States | ||||||
| 10 | Bureau of the Census); provided that the monies are | ||||||
| 11 | distributed
to each park district or conservation | ||||||
| 12 | district or municipality that does not
have a park | ||||||
| 13 | district in an amount equal to four-sevenths of the | ||||||
| 14 | amount
collected by each inter-track wagering location | ||||||
| 15 | licensee within the park
district or conservation | ||||||
| 16 | district or municipality for the Fund. Monies that
were | ||||||
| 17 | paid into the Horse Racing Tax Allocation Fund before | ||||||
| 18 | August 9, 1991 (the effective date
of Public Act | ||||||
| 19 | 87-110) this amendatory Act of 1991 by an inter-track | ||||||
| 20 | wagering location licensee
located in a municipality | ||||||
| 21 | that is not included within any park district but is
| ||||||
| 22 | included within a conservation district as provided in | ||||||
| 23 | this paragraph shall, as
soon as practicable after | ||||||
| 24 | August 9, 1991 (the effective date of Public Act | ||||||
| 25 | 87-110) this amendatory Act of 1991, be
allocated and | ||||||
| 26 | paid to that conservation district as provided in this | ||||||
| |||||||
| |||||||
| 1 | paragraph.
Any park district or municipality not | ||||||
| 2 | maintaining a museum may deposit the
monies in the | ||||||
| 3 | corporate fund of the park district or municipality | ||||||
| 4 | where the
inter-track wagering location is located, to | ||||||
| 5 | be used for general purposes;
and
| ||||||
| 6 | One-seventh to the Agricultural Premium Fund to be | ||||||
| 7 | used for distribution
to agricultural home economics | ||||||
| 8 | extension councils in accordance with "An
Act in | ||||||
| 9 | relation to additional support and finances for the | ||||||
| 10 | Agricultural and
Home Economic Extension Councils in | ||||||
| 11 | the several counties of this State and
making an | ||||||
| 12 | appropriation therefor", approved July 24, 1967.
| ||||||
| 13 | Until January 1, 2000, all other
monies paid into the | ||||||
| 14 | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | ||||||
| 15 | (11) shall be allocated by appropriation as follows:
| ||||||
| 16 | Two-sevenths to the Department of Agriculture. | ||||||
| 17 | Fifty percent of this
two-sevenths shall be used to | ||||||
| 18 | promote the Illinois horse racing and breeding
| ||||||
| 19 | industry, and shall be distributed by the Department of | ||||||
| 20 | Agriculture upon the
advice of a 9-member committee | ||||||
| 21 | appointed by the Governor consisting of the
following | ||||||
| 22 | members: the Director of Agriculture, who shall serve | ||||||
| 23 | as chairman; 2
representatives of organization | ||||||
| 24 | licensees conducting thoroughbred race meetings
in | ||||||
| 25 | this State, recommended by those licensees; 2 | ||||||
| 26 | representatives of
organization licensees conducting | ||||||
| |||||||
| |||||||
| 1 | standardbred race meetings in this State,
recommended | ||||||
| 2 | by those licensees; a representative of the Illinois | ||||||
| 3 | Thoroughbred
Breeders and Owners Foundation, | ||||||
| 4 | recommended by that Foundation; a
representative of | ||||||
| 5 | the Illinois Standardbred Owners and Breeders | ||||||
| 6 | Association,
recommended by that Association; a | ||||||
| 7 | representative of the Horsemen's Benevolent
and | ||||||
| 8 | Protective Association or any successor organization | ||||||
| 9 | thereto established
in Illinois comprised of the | ||||||
| 10 | largest number of owners and trainers,
recommended by | ||||||
| 11 | that Association or that successor organization; and a
| ||||||
| 12 | representative of the Illinois Harness Horsemen's | ||||||
| 13 | Association, recommended by
that Association. | ||||||
| 14 | Committee members shall serve for terms of 2 years,
| ||||||
| 15 | commencing January 1 of each even-numbered year. If a | ||||||
| 16 | representative of any of
the above-named entities has | ||||||
| 17 | not been recommended by January 1 of any
even-numbered | ||||||
| 18 | year, the Governor shall appoint a committee member to | ||||||
| 19 | fill that
position. Committee members shall receive no | ||||||
| 20 | compensation for their services
as members but shall be | ||||||
| 21 | reimbursed for all actual and necessary expenses and
| ||||||
| 22 | disbursements incurred in the performance of their | ||||||
| 23 | official duties. The
remaining 50% of this | ||||||
| 24 | two-sevenths shall be distributed to county fairs for
| ||||||
| 25 | premiums and rehabilitation as set forth in the | ||||||
| 26 | Agricultural Fair Act;
| ||||||
| |||||||
| |||||||
| 1 | Four-sevenths to museums and aquariums located in | ||||||
| 2 | park districts of over
500,000 population; provided | ||||||
| 3 | that the monies are distributed in accordance with
the | ||||||
| 4 | previous year's distribution of the maintenance tax | ||||||
| 5 | for such museums and
aquariums as provided in Section 2 | ||||||
| 6 | of the Park District Aquarium and Museum
Act; and
| ||||||
| 7 | One-seventh to the Agricultural Premium Fund to be | ||||||
| 8 | used for distribution
to agricultural home economics | ||||||
| 9 | extension councils in accordance with "An Act
in | ||||||
| 10 | relation to additional support and finances for the | ||||||
| 11 | Agricultural and
Home Economic Extension Councils in | ||||||
| 12 | the several counties of this State and
making an | ||||||
| 13 | appropriation therefor", approved July 24, 1967.
This | ||||||
| 14 | subparagraph (C) shall be inoperative and of no force | ||||||
| 15 | and effect on and
after January 1, 2000.
| ||||||
| 16 | (D) Except as provided in paragraph (11) of this | ||||||
| 17 | subsection (h),
with respect to purse allocation from | ||||||
| 18 | inter-track intertrack wagering, the monies so
| ||||||
| 19 | retained shall be divided as follows:
| ||||||
| 20 | (i) If the inter-track wagering licensee, | ||||||
| 21 | except an inter-track intertrack
wagering licensee | ||||||
| 22 | that derives its license from an organization
| ||||||
| 23 | licensee located in a county with a population in | ||||||
| 24 | excess of 230,000 and bounded
by the Mississippi | ||||||
| 25 | River, is not conducting its own
race meeting | ||||||
| 26 | during the same dates, then the entire purse | ||||||
| |||||||
| |||||||
| 1 | allocation shall be
to purses at the track where | ||||||
| 2 | the races wagered on are being conducted.
| ||||||
| 3 | (ii) If the inter-track wagering licensee, | ||||||
| 4 | except an inter-track intertrack
wagering licensee | ||||||
| 5 | that derives its license from an organization
| ||||||
| 6 | licensee located in a county with a population in | ||||||
| 7 | excess of 230,000 and bounded
by the Mississippi | ||||||
| 8 | River, is also
conducting its own
race meeting | ||||||
| 9 | during the same dates, then the purse allocation | ||||||
| 10 | shall be as
follows: 50% to purses at the track | ||||||
| 11 | where the races wagered on are
being conducted; 50% | ||||||
| 12 | to purses at the track where the inter-track
| ||||||
| 13 | wagering licensee is accepting such wagers.
| ||||||
| 14 | (iii) If the inter-track wagering is being | ||||||
| 15 | conducted by an inter-track
wagering location | ||||||
| 16 | licensee, except an inter-track intertrack | ||||||
| 17 | wagering location licensee
that derives its | ||||||
| 18 | license from an organization licensee located in a
| ||||||
| 19 | county with a population in excess of 230,000 and | ||||||
| 20 | bounded by the Mississippi
River, the entire purse | ||||||
| 21 | allocation for Illinois races shall
be to purses at | ||||||
| 22 | the track where the race meeting being wagered on | ||||||
| 23 | is being
held.
| ||||||
| 24 | (12) The Board shall have all powers necessary and | ||||||
| 25 | proper to fully
supervise and control the conduct of
| ||||||
| 26 | inter-track wagering and simulcast
wagering by inter-track | ||||||
| |||||||
| |||||||
| 1 | wagering licensees and inter-track wagering location
| ||||||
| 2 | licensees, including, but not
limited to the following:
| ||||||
| 3 | (A) The Board is vested with power to promulgate | ||||||
| 4 | reasonable rules and
regulations for the purpose of | ||||||
| 5 | administering the
conduct of this
wagering and to | ||||||
| 6 | prescribe reasonable rules, regulations and conditions | ||||||
| 7 | under
which such wagering shall be held and conducted. | ||||||
| 8 | Such rules and regulations
are to provide for the | ||||||
| 9 | prevention of practices detrimental to the public
| ||||||
| 10 | interest and for
the best interests of said wagering | ||||||
| 11 | and to impose penalties
for violations thereof.
| ||||||
| 12 | (B) The Board, and any person or persons to whom it | ||||||
| 13 | delegates this
power, is vested with the power to enter | ||||||
| 14 | the
facilities of any licensee to determine whether | ||||||
| 15 | there has been
compliance with the provisions of this | ||||||
| 16 | Act and the rules and regulations
relating to the | ||||||
| 17 | conduct of such wagering.
| ||||||
| 18 | (C) The Board, and any person or persons to whom it | ||||||
| 19 | delegates this
power, may eject or exclude from any | ||||||
| 20 | licensee's facilities, any person whose
conduct or | ||||||
| 21 | reputation
is such that his presence on such premises | ||||||
| 22 | may, in the opinion of the Board,
call into the | ||||||
| 23 | question the honesty and integrity of, or interfere | ||||||
| 24 | with the
orderly conduct of such wagering; provided, | ||||||
| 25 | however, that no person shall
be excluded or ejected | ||||||
| 26 | from such premises solely on the grounds of race,
| ||||||
| |||||||
| |||||||
| 1 | color, creed, national origin, ancestry, or sex.
| ||||||
| 2 | (D) (Blank).
| ||||||
| 3 | (E) The Board is vested with the power to appoint | ||||||
| 4 | delegates to execute
any of the powers granted to it | ||||||
| 5 | under this Section for the purpose of
administering | ||||||
| 6 | this wagering and any
rules and
regulations
| ||||||
| 7 | promulgated in accordance with this Act.
| ||||||
| 8 | (F) The Board shall name and appoint a State | ||||||
| 9 | director of this wagering
who shall be a representative | ||||||
| 10 | of the Board and whose
duty it shall
be to supervise | ||||||
| 11 | the conduct of inter-track wagering as may be provided | ||||||
| 12 | for
by the rules and regulations of the Board; such | ||||||
| 13 | rules and regulation shall
specify the method of | ||||||
| 14 | appointment and the Director's powers, authority and
| ||||||
| 15 | duties.
| ||||||
| 16 | (G) The Board is vested with the power to impose | ||||||
| 17 | civil penalties of up
to $5,000 against individuals and | ||||||
| 18 | up to $10,000 against
licensees for each violation of | ||||||
| 19 | any provision of
this Act relating to the conduct of | ||||||
| 20 | this wagering, any
rules adopted
by the Board, any | ||||||
| 21 | order of the Board or any other action which in the | ||||||
| 22 | Board's
discretion, is a detriment or impediment to | ||||||
| 23 | such wagering.
| ||||||
| 24 | (13) The Department of Agriculture may enter into | ||||||
| 25 | agreements with
licensees authorizing such licensees to | ||||||
| 26 | conduct inter-track
wagering on races to be held at the | ||||||
| |||||||
| |||||||
| 1 | licensed race meetings conducted by the
Department of | ||||||
| 2 | Agriculture. Such
agreement shall specify the races of the | ||||||
| 3 | Department of Agriculture's
licensed race meeting upon | ||||||
| 4 | which the licensees will conduct wagering. In the
event | ||||||
| 5 | that a licensee
conducts inter-track pari-mutuel wagering | ||||||
| 6 | on races from the Illinois State Fair
or DuQuoin State Fair | ||||||
| 7 | which are in addition to the licensee's previously
approved | ||||||
| 8 | racing program, those races shall be considered a separate | ||||||
| 9 | racing day
for the
purpose of determining the daily handle | ||||||
| 10 | and computing the privilege or
pari-mutuel tax on
that | ||||||
| 11 | daily handle as provided in Sections 27
and 27.1. Such
| ||||||
| 12 | agreements shall be approved by the Board before such | ||||||
| 13 | wagering may be
conducted. In determining whether to grant | ||||||
| 14 | approval, the Board shall give
due consideration to the | ||||||
| 15 | best interests of the public and of horse racing.
The | ||||||
| 16 | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| ||||||
| 17 | subsection (h) of this
Section which are not specified in | ||||||
| 18 | this paragraph (13) shall not apply to
licensed race | ||||||
| 19 | meetings conducted by the Department of Agriculture at the
| ||||||
| 20 | Illinois State Fair in Sangamon County or the DuQuoin State | ||||||
| 21 | Fair in Perry
County, or to any wagering conducted on
those | ||||||
| 22 | race meetings. | ||||||
| 23 | (14) An inter-track wagering location license | ||||||
| 24 | authorized by the Board in 2016 that is owned and operated | ||||||
| 25 | by a race track in Rock Island County shall be transferred | ||||||
| 26 | to a commonly owned race track in Cook County on August 12, | ||||||
| |||||||
| |||||||
| 1 | 2016 (the effective date of Public Act 99-757) this | ||||||
| 2 | amendatory Act of the 99th General Assembly. The licensee | ||||||
| 3 | shall retain its status in relation to purse distribution | ||||||
| 4 | under paragraph (11) of this subsection (h) following the | ||||||
| 5 | transfer to the new entity. The pari-mutuel tax credit | ||||||
| 6 | under Section 32.1 shall not be applied toward any | ||||||
| 7 | pari-mutuel tax obligation of the inter-track wagering | ||||||
| 8 | location licensee of the license that is transferred under | ||||||
| 9 | this paragraph (14).
| ||||||
| 10 | (i) Notwithstanding the other provisions of this Act, the | ||||||
| 11 | conduct of
wagering at wagering facilities is authorized on all | ||||||
| 12 | days, except as limited by
subsection (b) of Section 19 of this | ||||||
| 13 | Act.
| ||||||
| 14 | (Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 98-968, | ||||||
| 15 | eff. 8-15-14; 99-756, eff. 8-12-16; 99-757, eff. 8-12-16; | ||||||
| 16 | revised 9-14-16.)
| ||||||
| 17 | (230 ILCS 5/26.2) (from Ch. 8, par. 37-26.2)
| ||||||
| 18 | Sec. 26.2.
In addition to the amount retained by
licensees | ||||||
| 19 | pursuant to Section 26, each licensee may retain an
additional | ||||||
| 20 | amount up to 3 1/2% of the amount wagered on all
multiple | ||||||
| 21 | wagers plus an additional amount up to 8% of the amount
wagered | ||||||
| 22 | on any other multiple wager
that involves a single betting | ||||||
| 23 | interest on 3 or more horses.
Amounts retained by organization | ||||||
| 24 | licensees and inter-track wagering licensees
on all forms of | ||||||
| 25 | wagering shall be allocated, after payment of
applicable State | ||||||
| |||||||
| |||||||
| 1 | and local taxes among organization licensees, inter-track
| ||||||
| 2 | wagering licensees, and purses as set forth in paragraph (5) of | ||||||
| 3 | subsection (g)
of Section 26, subparagraph (A) of paragraph | ||||||
| 4 | (11) of subsection (h) of
Section 26, and subsection (a) of | ||||||
| 5 | Section 29 of this Act.
Amounts retained by inter-track | ||||||
| 6 | intertrack wagering location licensees under this Section
on | ||||||
| 7 | all forms of wagering shall be allocated, after payment of | ||||||
| 8 | applicable State
and local taxes, among organization | ||||||
| 9 | licensees, inter-track intertrack wagering location
licensees, | ||||||
| 10 | and purses as set forth in paragraph 5 of subsection (g) of | ||||||
| 11 | Section
26 and subparagraph (B) of paragraph (11) of subsection | ||||||
| 12 | (h) of Section 26.
| ||||||
| 13 | (Source: P.A. 89-16, eff. 5-30-95; revised 9-2-16.)
| ||||||
| 14 | (230 ILCS 5/32.1)
| ||||||
| 15 | Sec. 32.1. Pari-mutuel tax credit; statewide racetrack | ||||||
| 16 | real estate
equalization.
In order to encourage new investment | ||||||
| 17 | in Illinois racetrack facilities and
mitigate differing real | ||||||
| 18 | estate tax burdens among all racetracks, the licensees
| ||||||
| 19 | affiliated or associated with each racetrack that has been | ||||||
| 20 | awarded live racing
dates in the current year shall receive an | ||||||
| 21 | immediate pari-mutuel tax credit in
an amount equal to the | ||||||
| 22 | greater of (i) 50% of the amount of the real estate
taxes paid | ||||||
| 23 | in the prior year attributable to that racetrack, or (ii) the | ||||||
| 24 | amount
by which the real estate taxes paid in the prior year | ||||||
| 25 | attributable to that
racetrack exceeds 60% of the average real | ||||||
| |||||||
| |||||||
| 1 | estate taxes paid in the prior year
for all racetracks awarded | ||||||
| 2 | live horse racing meets in the current year.
| ||||||
| 3 | Each year, regardless of whether the organization licensee | ||||||
| 4 | conducted live
racing in the year of certification, the
Board | ||||||
| 5 | shall certify in writing, prior to December 31, the real
estate | ||||||
| 6 | taxes paid in that year for each racetrack and the amount of | ||||||
| 7 | the
pari-mutuel tax credit that each organization licensee, | ||||||
| 8 | inter-track intertrack wagering
licensee, and inter-track | ||||||
| 9 | intertrack wagering location licensee that derives its license
| ||||||
| 10 | from such racetrack is entitled in the succeeding calendar | ||||||
| 11 | year. The real
estate taxes considered under this Section
for | ||||||
| 12 | any racetrack shall be those taxes on the real estate parcels | ||||||
| 13 | and related
facilities used to conduct a horse race meeting and | ||||||
| 14 | inter-track wagering at
such
racetrack under this Act.
In no | ||||||
| 15 | event shall the amount of the tax credit under this Section | ||||||
| 16 | exceed the
amount of pari-mutuel taxes otherwise calculated | ||||||
| 17 | under this Act.
The amount of the tax credit under this Section
| ||||||
| 18 | shall be retained by each licensee and shall not be subject to | ||||||
| 19 | any reallocation
or further distribution under this Act. The | ||||||
| 20 | Board may promulgate emergency
rules to implement this Section.
| ||||||
| 21 | (Source: P.A. 91-40, eff. 6-25-99; revised 9-2-16.)
| ||||||
| 22 | (230 ILCS 5/40) (from Ch. 8, par. 37-40)
| ||||||
| 23 | Sec. 40.
(a) The imposition of any fine or penalty provided | ||||||
| 24 | in this Act
shall not preclude the Board in its rules and | ||||||
| 25 | regulations from imposing a
fine or penalty for any other | ||||||
| |||||||
| |||||||
| 1 | action which, in the Board's discretion, is a
detriment or | ||||||
| 2 | impediment to horse racing.
| ||||||
| 3 | (b) The Director of Agriculture or his or her authorized | ||||||
| 4 | representative
shall impose the following monetary penalties | ||||||
| 5 | and hold administrative
hearings as required for failure to | ||||||
| 6 | submit the following applications,
lists, or reports within the | ||||||
| 7 | time period, date or manner required by
statute or rule or for | ||||||
| 8 | removing a foal from Illinois prior to inspection:
| ||||||
| 9 | (1) late filing of a renewal application for offering | ||||||
| 10 | or standing
stallion for service:
| ||||||
| 11 | (A) if an application is submitted no more than 30 | ||||||
| 12 | days late, $50;
| ||||||
| 13 | (B) if an application is submitted no more than 45 | ||||||
| 14 | days late, $150; or
| ||||||
| 15 | (C) if an application is submitted more than 45 | ||||||
| 16 | days late, if filing
of the application is allowed | ||||||
| 17 | under an administrative hearing, $250;
| ||||||
| 18 | (2) late filing of list or report of mares bred:
| ||||||
| 19 | (A) if a list or report is submitted no more than | ||||||
| 20 | 30 days late, $50;
| ||||||
| 21 | (B) if a list or report is submitted no more than | ||||||
| 22 | 60 days late, $150; or
| ||||||
| 23 | (C) if a list or report is submitted more than 60 | ||||||
| 24 | days late, if filing
of the list or report is allowed | ||||||
| 25 | under an administrative hearing, $250;
| ||||||
| 26 | (3) filing an Illinois foaled thoroughbred mare status | ||||||
| |||||||
| |||||||
| 1 | report after
December 31:
| ||||||
| 2 | (A) if a report is submitted no more than 30 days | ||||||
| 3 | late, $50;
| ||||||
| 4 | (B) if a report is submitted no more than 90 days | ||||||
| 5 | late, $150;
| ||||||
| 6 | (C) if a report is submitted no more than 150 days | ||||||
| 7 | late, $250; or
| ||||||
| 8 | (D) if a report is submitted more than 150 days | ||||||
| 9 | late, if filing of
the report is allowed under an | ||||||
| 10 | administrative hearing, $500;
| ||||||
| 11 | (4) late filing of application for foal eligibility | ||||||
| 12 | certificate:
| ||||||
| 13 | (A) if an application is submitted no more than 30 | ||||||
| 14 | days late, $50;
| ||||||
| 15 | (B) if an application is submitted no more than 90 | ||||||
| 16 | days late, $150;
| ||||||
| 17 | (C) if an application is submitted no more than 150 | ||||||
| 18 | days late, $250; or
| ||||||
| 19 | (D) if an application is submitted more than 150 | ||||||
| 20 | days late, if
filing of the application is allowed | ||||||
| 21 | under an administrative hearing, $500;
| ||||||
| 22 | (5) failure to report the intent to remove a foal from | ||||||
| 23 | Illinois prior
to inspection, identification and | ||||||
| 24 | certification by a Department of
Agriculture investigator, | ||||||
| 25 | $50; and
| ||||||
| 26 | (6) if a list or report of mares bred is incomplete, | ||||||
| |||||||
| |||||||
| 1 | $50 per mare not
included on the list or report.
| ||||||
| 2 | Any person upon whom monetary penalties are imposed under | ||||||
| 3 | this Section 3
times within a 5-year 5 year period shall have | ||||||
| 4 | any further monetary penalties
imposed at double the amounts | ||||||
| 5 | set forth above. All monies assessed and
collected for | ||||||
| 6 | violations relating to thoroughbreds shall be paid into the
| ||||||
| 7 | Illinois Thoroughbred Breeders Fund. All monies assessed and | ||||||
| 8 | collected for
violations relating to standardbreds shall be | ||||||
| 9 | paid into the Illinois Standardbred
Breeders Fund.
| ||||||
| 10 | (Source: P.A. 87-397; revised 9-2-16.)
| ||||||
| 11 | Section 565. The Raffles and Poker Runs Act is amended by | ||||||
| 12 | changing Section 2 as follows:
| ||||||
| 13 | (230 ILCS 15/2) (from Ch. 85, par. 2302)
| ||||||
| 14 | Sec. 2. Licensing. | ||||||
| 15 | (a) The governing body of any county or municipality
within | ||||||
| 16 | this State may establish a system for the licensing of | ||||||
| 17 | organizations
to operate raffles. The governing bodies of a | ||||||
| 18 | county and one or more
municipalities may, pursuant to a | ||||||
| 19 | written contract, jointly establish a
system for the licensing | ||||||
| 20 | of organizations to operate raffles within any
area of | ||||||
| 21 | contiguous territory not contained within the corporate limits | ||||||
| 22 | of a
municipality which is not a party to such contract. The | ||||||
| 23 | governing bodies
of two or more adjacent counties or two or | ||||||
| 24 | more adjacent municipalities
located within a county may, | ||||||
| |||||||
| |||||||
| 1 | pursuant to a written contract, jointly
establish a system for | ||||||
| 2 | the licensing of organizations to operate raffles
within the | ||||||
| 3 | corporate limits of such counties or municipalities. The
| ||||||
| 4 | licensing authority may establish special categories of | ||||||
| 5 | licenses and
promulgate rules relating to the various | ||||||
| 6 | categories. The licensing system
shall provide for limitations | ||||||
| 7 | upon (1) the aggregate retail value of all
prizes or | ||||||
| 8 | merchandise awarded by a licensee in a single raffle, (2) the
| ||||||
| 9 | maximum retail value of each prize awarded by a licensee in a | ||||||
| 10 | single raffle,
(3) the maximum price which may be charged for | ||||||
| 11 | each raffle chance issued
or sold and (4) the maximum number of | ||||||
| 12 | days during which chances may be issued
or sold. The licensing | ||||||
| 13 | system may include a fee for each license in an
amount to be | ||||||
| 14 | determined by the local governing body. Licenses issued | ||||||
| 15 | pursuant
to this Act shall be valid for one raffle or for a | ||||||
| 16 | specified number of
raffles to be conducted during a specified | ||||||
| 17 | period not to exceed one year
and may be suspended or revoked
| ||||||
| 18 | for any violation of this Act. A local governing body shall act | ||||||
| 19 | on a license
application within 30 days from the date of | ||||||
| 20 | application. Nothing in this
Act shall be construed to prohibit | ||||||
| 21 | a county or municipality from adopting
rules or ordinances for | ||||||
| 22 | the operation of raffles that are more restrictive
than | ||||||
| 23 | provided for in this Act. Except for raffles organized by law | ||||||
| 24 | enforcement agencies and statewide associations that represent | ||||||
| 25 | law enforcement officials as provided in Section 9 of this Act, | ||||||
| 26 | the governing body of a municipality may
authorize the sale of | ||||||
| |||||||
| |||||||
| 1 | raffle chances only within the borders of the
municipality. | ||||||
| 2 | Except for raffles organized by law enforcement agencies and | ||||||
| 3 | statewide associations that represent law enforcement | ||||||
| 4 | officials as provided in Section 9, the governing body of the | ||||||
| 5 | county may authorize the sale of
raffle chances only in those | ||||||
| 6 | areas which are both within the borders of the
county and | ||||||
| 7 | outside the borders of any municipality.
| ||||||
| 8 | (a-5) The governing body of Cook County may and any other | ||||||
| 9 | county within this State shall establish a system for the | ||||||
| 10 | licensing of organizations to operate poker runs. The governing | ||||||
| 11 | bodies of 2 or more adjacent counties may, pursuant to a | ||||||
| 12 | written contract, jointly establish a system for the licensing | ||||||
| 13 | of organizations to operate poker runs within the corporate | ||||||
| 14 | limits of such counties. The licensing authority may establish | ||||||
| 15 | special categories of licenses and adopt rules relating to the | ||||||
| 16 | various categories. The licensing system may include a fee not | ||||||
| 17 | to exceed $25 for each license. Licenses issued pursuant to | ||||||
| 18 | this Act shall be valid for one poker run or for a specified | ||||||
| 19 | number of poker runs to be conducted during a specified period | ||||||
| 20 | not to exceed one year and may be suspended or revoked for any | ||||||
| 21 | violation of this Act. A local governing body shall act on a | ||||||
| 22 | license application within 30 days after the date of | ||||||
| 23 | application. | ||||||
| 24 | (b) Raffle licenses shall be issued only to bona fide | ||||||
| 25 | religious, charitable,
labor, business, fraternal, educational | ||||||
| 26 | or veterans' organizations that
operate without profit to their | ||||||
| |||||||
| |||||||
| 1 | members and which have been in existence
continuously for a | ||||||
| 2 | period of 5 years immediately before making application
for a | ||||||
| 3 | raffle license and which have had during that entire 5-year | ||||||
| 4 | period a bona
fide membership engaged in carrying out their | ||||||
| 5 | objects, or to a non-profit
fundraising organization that the | ||||||
| 6 | licensing authority determines is
organized for the sole | ||||||
| 7 | purpose of providing financial assistance to an
identified | ||||||
| 8 | individual or group of individuals suffering extreme financial
| ||||||
| 9 | hardship as the result of an illness, disability, accident or | ||||||
| 10 | disaster, as well as law enforcement agencies and statewide | ||||||
| 11 | associations that represent law enforcement officials as | ||||||
| 12 | provided for in Section 9 of this Act. Poker run licenses shall | ||||||
| 13 | be issued only to bona fide religious, charitable, labor, | ||||||
| 14 | business, fraternal, educational, veterans', or other bona | ||||||
| 15 | fide not-for-profit organizations that operate without profit | ||||||
| 16 | to their members and which have been in existence continuously | ||||||
| 17 | for a period of 5 years immediately before making application | ||||||
| 18 | for a poker run license and which have had during that entire | ||||||
| 19 | 5-year period a bona fide membership engaged in carrying out | ||||||
| 20 | their objects. Licenses for poker runs shall be issued for the | ||||||
| 21 | following purposes: (i) providing financial assistance to an | ||||||
| 22 | identified individual or group of individuals suffering | ||||||
| 23 | extreme financial hardship as the result of an illness, | ||||||
| 24 | disability, accident, or disaster or (ii) to maintain the | ||||||
| 25 | financial stability of the organization. A licensing authority | ||||||
| 26 | may waive the 5-year requirement under this subsection (b) for | ||||||
| |||||||
| |||||||
| 1 | a bona fide religious, charitable, labor, business, fraternal, | ||||||
| 2 | educational, or veterans' organization that applies for a | ||||||
| 3 | license to conduct a poker run if the organization is a local | ||||||
| 4 | organization that is affiliated with and chartered by a | ||||||
| 5 | national or State organization that meets the 5-year | ||||||
| 6 | requirement.
| ||||||
| 7 | For purposes of this Act, the following definitions apply. | ||||||
| 8 | Non-profit:
An organization or institution organized and | ||||||
| 9 | conducted on a not-for-profit
basis with no personal profit | ||||||
| 10 | inuring to any one as a result of the operation.
Charitable: An | ||||||
| 11 | organization or institution organized and operated to benefit
| ||||||
| 12 | an indefinite number of the public. The service rendered to | ||||||
| 13 | those eligible
for benefits must also confer some benefit on | ||||||
| 14 | the public. Educational:
An organization or institution | ||||||
| 15 | organized and operated to provide systematic
instruction in | ||||||
| 16 | useful branches of learning by methods common to schools
and | ||||||
| 17 | institutions of learning which compare favorably in their scope | ||||||
| 18 | and
intensity with the course of study presented in | ||||||
| 19 | tax-supported schools.
Religious: Any church, congregation, | ||||||
| 20 | society, or organization founded for
the purpose of religious | ||||||
| 21 | worship. Fraternal: An organization of persons
having a common | ||||||
| 22 | interest, the primary interest of which is to both promote
the | ||||||
| 23 | welfare of its members and to provide assistance to the general | ||||||
| 24 | public
in such a way as to lessen the burdens of government by | ||||||
| 25 | caring for those
that otherwise would be cared for by the | ||||||
| 26 | government. Veterans: An organization
or association comprised | ||||||
| |||||||
| |||||||
| 1 | of members of which substantially all are individuals
who are | ||||||
| 2 | veterans or spouses, widows, or widowers of veterans, the | ||||||
| 3 | primary
purpose of which is to promote the welfare of its | ||||||
| 4 | members and to provide
assistance to the general public in such | ||||||
| 5 | a way as to confer a public benefit.
Labor: An organization | ||||||
| 6 | composed of workers organized with the objective
of betterment | ||||||
| 7 | of the conditions of those engaged in such pursuit and the
| ||||||
| 8 | development of a higher degree of efficiency in their | ||||||
| 9 | respective occupations.
Business: A voluntary organization | ||||||
| 10 | composed of individuals and businesses
who have joined together | ||||||
| 11 | to advance the commercial, financial, industrial
and civic | ||||||
| 12 | interests of a community.
| ||||||
| 13 | (c) Poker runs shall be licensed by the county with | ||||||
| 14 | jurisdiction over the key location. The license granted by the | ||||||
| 15 | key location shall cover the entire poker run, including | ||||||
| 16 | locations other than the key location. Each license issued | ||||||
| 17 | shall include the name and address of each predetermined | ||||||
| 18 | location. | ||||||
| 19 | (Source: P.A. 98-644, eff. 6-10-14; 99-405, eff. 8-19-15; | ||||||
| 20 | 99-757, eff. 8-12-16; revised 9-14-16.)
| ||||||
| 21 | Section 570. The Liquor Control Act of 1934 is amended by | ||||||
| 22 | changing Sections 3-12, 5-1, 5-3, 6-4, 6-11, 6-15, and 6-28.5 | ||||||
| 23 | as follows:
| ||||||
| 24 | (235 ILCS 5/3-12)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 3-12. Powers and duties of State Commission.
| ||||||
| 2 | (a) The State commission shall have the following powers, | ||||||
| 3 | functions, and
duties:
| ||||||
| 4 | (1) To receive applications and to issue licenses to | ||||||
| 5 | manufacturers,
foreign importers, importing distributors, | ||||||
| 6 | distributors, non-resident dealers,
on premise consumption | ||||||
| 7 | retailers, off premise sale retailers, special event
| ||||||
| 8 | retailer licensees, special use permit licenses, auction | ||||||
| 9 | liquor licenses, brew
pubs, caterer retailers, | ||||||
| 10 | non-beverage users, railroads, including owners and
| ||||||
| 11 | lessees of sleeping, dining and cafe cars, airplanes, | ||||||
| 12 | boats, brokers, and wine
maker's premises licensees in | ||||||
| 13 | accordance with the provisions of this Act, and
to suspend | ||||||
| 14 | or revoke such licenses upon the State commission's | ||||||
| 15 | determination,
upon notice after hearing, that a licensee | ||||||
| 16 | has violated any provision of this
Act or any rule or | ||||||
| 17 | regulation issued pursuant thereto and in effect for 30 | ||||||
| 18 | days
prior to such violation. Except in the case of an | ||||||
| 19 | action taken pursuant to a
violation of Section 6-3, 6-5, | ||||||
| 20 | or 6-9, any action by the State Commission to
suspend or | ||||||
| 21 | revoke a licensee's license may be limited to the license | ||||||
| 22 | for the
specific premises where the violation occurred.
| ||||||
| 23 | In lieu of suspending or revoking a license, the | ||||||
| 24 | commission may impose
a fine, upon the State commission's | ||||||
| 25 | determination and notice after hearing,
that a licensee has | ||||||
| 26 | violated any provision of this Act or any rule or
| ||||||
| |||||||
| |||||||
| 1 | regulation issued pursuant thereto and in effect for 30 | ||||||
| 2 | days prior to such
violation. | ||||||
| 3 | For the purpose of this paragraph (1), when determining | ||||||
| 4 | multiple violations for the sale of alcohol to a person | ||||||
| 5 | under the age of 21, a second or subsequent violation for | ||||||
| 6 | the sale of alcohol to a person under the age of 21 shall | ||||||
| 7 | only be considered if it was committed within 5 years after | ||||||
| 8 | the date when a prior violation for the sale of alcohol to | ||||||
| 9 | a person under the age of 21 was committed. | ||||||
| 10 | The fine imposed under this paragraph may not exceed | ||||||
| 11 | $500 for each
violation. Each day that the activity, which | ||||||
| 12 | gave rise to the original fine,
continues is a separate | ||||||
| 13 | violation. The maximum fine that may be levied against
any | ||||||
| 14 | licensee, for the period of the license, shall not exceed | ||||||
| 15 | $20,000.
The maximum penalty that may be imposed on a | ||||||
| 16 | licensee for selling a bottle of
alcoholic liquor with a | ||||||
| 17 | foreign object in it or serving from a bottle of
alcoholic | ||||||
| 18 | liquor with a foreign object in it shall be the destruction | ||||||
| 19 | of that
bottle of alcoholic liquor for the first 10 bottles | ||||||
| 20 | so sold or served from by
the licensee. For the eleventh | ||||||
| 21 | bottle of alcoholic liquor and for each third
bottle | ||||||
| 22 | thereafter sold or served from by the licensee with a | ||||||
| 23 | foreign object in
it, the maximum penalty that may be | ||||||
| 24 | imposed on the licensee is the destruction
of the bottle of | ||||||
| 25 | alcoholic liquor and a fine of up to $50.
| ||||||
| 26 | (2) To adopt such rules and regulations consistent with | ||||||
| |||||||
| |||||||
| 1 | the
provisions of this Act which shall be necessary to | ||||||
| 2 | carry on its
functions and duties to the end that the | ||||||
| 3 | health, safety and welfare of
the People of the State of | ||||||
| 4 | Illinois shall be protected and temperance in
the | ||||||
| 5 | consumption of alcoholic liquors shall be fostered and | ||||||
| 6 | promoted and
to distribute copies of such rules and | ||||||
| 7 | regulations to all licensees
affected thereby.
| ||||||
| 8 | (3) To call upon other administrative departments of | ||||||
| 9 | the State,
county and municipal governments, county and | ||||||
| 10 | city police departments and
upon prosecuting officers for | ||||||
| 11 | such information and assistance as it
deems necessary in | ||||||
| 12 | the performance of its duties.
| ||||||
| 13 | (4) To recommend to local commissioners rules and | ||||||
| 14 | regulations, not
inconsistent with the law, for the | ||||||
| 15 | distribution and sale of alcoholic
liquors throughout the | ||||||
| 16 | State.
| ||||||
| 17 | (5) To inspect, or cause to be inspected, any
premises | ||||||
| 18 | in this State
where alcoholic liquors are manufactured, | ||||||
| 19 | distributed, warehoused, or
sold. Nothing in this Act
| ||||||
| 20 | authorizes an agent of the Commission to inspect private
| ||||||
| 21 | areas within the premises without reasonable suspicion or a | ||||||
| 22 | warrant
during an inspection. "Private areas" include, but | ||||||
| 23 | are not limited to, safes, personal property, and closed | ||||||
| 24 | desks.
| ||||||
| 25 | (5.1) Upon receipt of a complaint or upon having | ||||||
| 26 | knowledge that any person
is engaged in business as a | ||||||
| |||||||
| |||||||
| 1 | manufacturer, importing distributor, distributor,
or | ||||||
| 2 | retailer without a license or valid license, to notify the | ||||||
| 3 | local liquor
authority, file a complaint with the State's | ||||||
| 4 | Attorney's Office of the county
where the incident | ||||||
| 5 | occurred, or initiate an investigation with the | ||||||
| 6 | appropriate
law enforcement officials.
| ||||||
| 7 | (5.2) To issue a cease and desist notice to persons | ||||||
| 8 | shipping alcoholic
liquor
into this State from a point | ||||||
| 9 | outside of this State if the shipment is in
violation of | ||||||
| 10 | this Act.
| ||||||
| 11 | (5.3) To receive complaints from licensees, local | ||||||
| 12 | officials, law
enforcement agencies, organizations, and | ||||||
| 13 | persons stating that any licensee has
been or is violating | ||||||
| 14 | any provision of this Act or the rules and regulations
| ||||||
| 15 | issued pursuant to this Act. Such complaints shall be in | ||||||
| 16 | writing, signed and
sworn to by the person making the | ||||||
| 17 | complaint, and shall state with specificity
the facts in | ||||||
| 18 | relation to the alleged violation. If the Commission has
| ||||||
| 19 | reasonable grounds to believe that the complaint | ||||||
| 20 | substantially alleges a
violation of this Act or rules and | ||||||
| 21 | regulations adopted pursuant to this Act, it
shall conduct | ||||||
| 22 | an investigation. If, after conducting an investigation, | ||||||
| 23 | the
Commission is satisfied that the alleged violation did | ||||||
| 24 | occur, it shall proceed
with disciplinary action against | ||||||
| 25 | the licensee as provided in this Act.
| ||||||
| 26 | (6) To hear and determine appeals from orders of a | ||||||
| |||||||
| |||||||
| 1 | local commission
in accordance with the provisions of this | ||||||
| 2 | Act, as hereinafter set forth.
Hearings under this | ||||||
| 3 | subsection shall be held in Springfield or Chicago,
at | ||||||
| 4 | whichever location is the more convenient for the majority | ||||||
| 5 | of persons
who are parties to the hearing.
| ||||||
| 6 | (7) The commission shall establish uniform systems of | ||||||
| 7 | accounts to be
kept by all retail licensees having more | ||||||
| 8 | than 4 employees, and for this
purpose the commission may | ||||||
| 9 | classify all retail licensees having more
than 4 employees | ||||||
| 10 | and establish a uniform system of accounts for each
class | ||||||
| 11 | and prescribe the manner in which such accounts shall be | ||||||
| 12 | kept.
The commission may also prescribe the forms of | ||||||
| 13 | accounts to be kept by
all retail licensees having more | ||||||
| 14 | than 4 employees, including but not
limited to accounts of | ||||||
| 15 | earnings and expenses and any distribution,
payment, or | ||||||
| 16 | other distribution of earnings or assets, and any other
| ||||||
| 17 | forms, records and memoranda which in the judgment of the | ||||||
| 18 | commission may
be necessary or appropriate to carry out any | ||||||
| 19 | of the provisions of this
Act, including but not limited to | ||||||
| 20 | such forms, records and memoranda as
will readily and | ||||||
| 21 | accurately disclose at all times the beneficial
ownership | ||||||
| 22 | of such retail licensed business. The accounts, forms,
| ||||||
| 23 | records and memoranda shall be available at all reasonable | ||||||
| 24 | times for
inspection by authorized representatives of the | ||||||
| 25 | State commission or by
any local liquor control | ||||||
| 26 | commissioner or his or her authorized representative.
The | ||||||
| |||||||
| |||||||
| 1 | commission, may, from time to time, alter, amend or repeal, | ||||||
| 2 | in whole
or in part, any uniform system of accounts, or the | ||||||
| 3 | form and manner of
keeping accounts.
| ||||||
| 4 | (8) In the conduct of any hearing authorized to be held | ||||||
| 5 | by the
commission, to appoint, at the commission's | ||||||
| 6 | discretion, hearing officers
to conduct hearings involving | ||||||
| 7 | complex issues or issues that will require a
protracted | ||||||
| 8 | period of time to resolve, to examine, or cause to be | ||||||
| 9 | examined,
under oath, any licensee, and to examine or cause | ||||||
| 10 | to be examined the books and
records
of such licensee; to | ||||||
| 11 | hear testimony and take proof material for its
information | ||||||
| 12 | in the discharge of its duties hereunder; to administer or
| ||||||
| 13 | cause to be administered oaths; for any such purpose to | ||||||
| 14 | issue
subpoena or subpoenas to require the attendance of | ||||||
| 15 | witnesses and the
production of books, which shall be | ||||||
| 16 | effective in any part of this State, and
to adopt rules to | ||||||
| 17 | implement its powers under this paragraph (8).
| ||||||
| 18 | Any Circuit Court may by order duly entered,
require | ||||||
| 19 | the attendance of witnesses and the production of relevant | ||||||
| 20 | books
subpoenaed by the State commission and the court may | ||||||
| 21 | compel
obedience to its order by proceedings for contempt.
| ||||||
| 22 | (9) To investigate the administration of laws in | ||||||
| 23 | relation to
alcoholic liquors in this and other states and | ||||||
| 24 | any foreign countries,
and to recommend from time to time | ||||||
| 25 | to the Governor and through him or
her to the legislature | ||||||
| 26 | of this State, such amendments to this Act, if any, as
it | ||||||
| |||||||
| |||||||
| 1 | may think desirable and as will serve to further the | ||||||
| 2 | general broad
purposes contained in Section 1-2 hereof.
| ||||||
| 3 | (10) To adopt such rules and regulations consistent | ||||||
| 4 | with the
provisions of this Act which shall be necessary | ||||||
| 5 | for the control, sale or
disposition of alcoholic liquor | ||||||
| 6 | damaged as a result of an accident, wreck,
flood, fire or | ||||||
| 7 | other similar occurrence.
| ||||||
| 8 | (11) To develop industry educational programs related | ||||||
| 9 | to responsible
serving and selling, particularly in the | ||||||
| 10 | areas of overserving consumers and
illegal underage | ||||||
| 11 | purchasing and consumption of alcoholic beverages.
| ||||||
| 12 | (11.1) To license persons providing education and | ||||||
| 13 | training to alcohol
beverage sellers and servers for | ||||||
| 14 | mandatory and non-mandatory training under the
Beverage | ||||||
| 15 | Alcohol Sellers and Servers
Education and Training | ||||||
| 16 | (BASSET) programs and to develop and administer a public
| ||||||
| 17 | awareness program in Illinois to reduce or eliminate the | ||||||
| 18 | illegal purchase and
consumption of alcoholic beverage | ||||||
| 19 | products by persons under the age of 21.
Application for a | ||||||
| 20 | license shall be made on forms provided by the State
| ||||||
| 21 | Commission.
| ||||||
| 22 | (12) To develop and maintain a repository of license | ||||||
| 23 | and regulatory
information.
| ||||||
| 24 | (13) On or before January 15, 1994, the Commission | ||||||
| 25 | shall issue
a written report to the Governor and General | ||||||
| 26 | Assembly that is to be based on a
comprehensive study of | ||||||
| |||||||
| |||||||
| 1 | the impact on and implications for the State of Illinois
of | ||||||
| 2 | Section 1926 of the federal Federal ADAMHA Reorganization | ||||||
| 3 | Act of 1992 (Public Law
102-321). This study shall address | ||||||
| 4 | the extent to which Illinois currently
complies with the | ||||||
| 5 | provisions of P.L. 102-321 and the rules promulgated | ||||||
| 6 | pursuant
thereto.
| ||||||
| 7 | As part of its report, the Commission shall provide the | ||||||
| 8 | following essential
information:
| ||||||
| 9 | (i) the number of retail distributors of tobacco | ||||||
| 10 | products, by type and
geographic area, in the State;
| ||||||
| 11 | (ii) the number of reported citations and | ||||||
| 12 | successful convictions,
categorized by type and | ||||||
| 13 | location of retail distributor, for violation of the
| ||||||
| 14 | Prevention of Tobacco Use by Minors and Sale and | ||||||
| 15 | Distribution of Tobacco Products Act and the Smokeless
| ||||||
| 16 | Tobacco Limitation Act;
| ||||||
| 17 | (iii) the extent and nature of organized | ||||||
| 18 | educational and governmental
activities that are | ||||||
| 19 | intended to promote, encourage or otherwise secure
| ||||||
| 20 | compliance with any Illinois laws that prohibit the | ||||||
| 21 | sale or distribution of
tobacco products to minors; and
| ||||||
| 22 | (iv) the level of access and availability of | ||||||
| 23 | tobacco products to
individuals under the age of 18.
| ||||||
| 24 | To obtain the data necessary to comply with the | ||||||
| 25 | provisions of P.L. 102-321
and the requirements of this | ||||||
| 26 | report, the Commission shall conduct random,
unannounced | ||||||
| |||||||
| |||||||
| 1 | inspections of a geographically and scientifically | ||||||
| 2 | representative
sample of the State's retail tobacco | ||||||
| 3 | distributors.
| ||||||
| 4 | The Commission shall consult with the Department of | ||||||
| 5 | Public Health, the
Department of Human Services, the
| ||||||
| 6 | Illinois State Police and any
other executive branch | ||||||
| 7 | agency, and private organizations that may have
| ||||||
| 8 | information relevant to this report.
| ||||||
| 9 | The Commission may contract with the Food and Drug | ||||||
| 10 | Administration of the
U.S. Department of Health and Human | ||||||
| 11 | Services to conduct unannounced
investigations of Illinois | ||||||
| 12 | tobacco vendors to determine compliance with federal
laws | ||||||
| 13 | relating to the illegal sale of cigarettes and smokeless | ||||||
| 14 | tobacco products
to persons under the age of 18.
| ||||||
| 15 | (14) On or before April 30, 2008 and every 2 years
| ||||||
| 16 | thereafter, the Commission shall present a written
report | ||||||
| 17 | to the Governor and the General Assembly that shall
be | ||||||
| 18 | based on a study of the impact of Public Act 95-634 this | ||||||
| 19 | amendatory Act of
the 95th General Assembly on the business | ||||||
| 20 | of soliciting,
selling, and shipping wine from inside and | ||||||
| 21 | outside of this
State directly to residents of this State. | ||||||
| 22 | As part of its
report, the Commission shall provide all of | ||||||
| 23 | the
following information: | ||||||
| 24 | (A) The amount of State excise and sales tax
| ||||||
| 25 | revenues generated. | ||||||
| 26 | (B) The amount of licensing fees received. | ||||||
| |||||||
| |||||||
| 1 | (C) The number of cases of wine shipped from inside
| ||||||
| 2 | and outside of this State directly to residents of this
| ||||||
| 3 | State. | ||||||
| 4 | (D) The number of alcohol compliance operations
| ||||||
| 5 | conducted. | ||||||
| 6 | (E) The number of winery shipper's licenses
| ||||||
| 7 | issued. | ||||||
| 8 | (F) The number of each of the following: reported
| ||||||
| 9 | violations; cease and desist notices issued by the
| ||||||
| 10 | Commission; notices of violations issued by
the | ||||||
| 11 | Commission and to the Department of Revenue;
and | ||||||
| 12 | notices and complaints of violations to law
| ||||||
| 13 | enforcement officials, including, without limitation,
| ||||||
| 14 | the Illinois Attorney General and the U.S. Department
| ||||||
| 15 | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | ||||||
| 16 | (15) As a means to reduce the underage consumption of
| ||||||
| 17 | alcoholic liquors, the Commission shall conduct
alcohol | ||||||
| 18 | compliance operations to investigate whether
businesses | ||||||
| 19 | that are soliciting, selling, and shipping wine
from inside | ||||||
| 20 | or outside of this State directly to residents
of this | ||||||
| 21 | State are licensed by this State or are selling or
| ||||||
| 22 | attempting to sell wine to persons under 21 years of age in
| ||||||
| 23 | violation of this Act. | ||||||
| 24 | (16) The Commission shall, in addition to
notifying any | ||||||
| 25 | appropriate law enforcement agency, submit
notices of | ||||||
| 26 | complaints or violations of Sections 6-29 and
6-29.1 by | ||||||
| |||||||
| |||||||
| 1 | persons who do not hold a winery shipper's
license under | ||||||
| 2 | this amendatory Act to the Illinois Attorney General and
to | ||||||
| 3 | the U.S. Department of Treasury's Alcohol and Tobacco Tax | ||||||
| 4 | and Trade Bureau. | ||||||
| 5 | (17) (A) A person licensed to make wine under the laws | ||||||
| 6 | of another state who has a winery shipper's license under | ||||||
| 7 | this amendatory Act and annually produces less than 25,000 | ||||||
| 8 | gallons of wine or a person who has a first-class or | ||||||
| 9 | second-class wine manufacturer's license, a first-class or | ||||||
| 10 | second-class wine-maker's license, or a limited wine | ||||||
| 11 | manufacturer's license under this Act and annually | ||||||
| 12 | produces less than 25,000 gallons of wine may make | ||||||
| 13 | application to the Commission for a self-distribution | ||||||
| 14 | exemption to allow the sale of not more than 5,000 gallons | ||||||
| 15 | of the exemption holder's wine to retail licensees per | ||||||
| 16 | year. | ||||||
| 17 | (B) In the application, which shall be sworn under | ||||||
| 18 | penalty of perjury, such person shall state (1) the | ||||||
| 19 | date it was established; (2) its volume of production | ||||||
| 20 | and sales for each year since its establishment; (3) | ||||||
| 21 | its efforts to establish distributor relationships; | ||||||
| 22 | (4) that a self-distribution exemption is necessary to | ||||||
| 23 | facilitate the marketing of its wine; and (5) that it | ||||||
| 24 | will comply with the liquor and revenue laws of the | ||||||
| 25 | United States, this State, and any other state where it | ||||||
| 26 | is licensed. | ||||||
| |||||||
| |||||||
| 1 | (C) The Commission shall approve the application | ||||||
| 2 | for a self-distribution exemption if such person: (1) | ||||||
| 3 | is in compliance with State revenue and liquor laws; | ||||||
| 4 | (2) is not a member of any affiliated group that | ||||||
| 5 | produces more than 25,000 gallons of wine per annum or | ||||||
| 6 | produces any other alcoholic liquor; (3) will not | ||||||
| 7 | annually produce for sale more than 25,000 gallons of | ||||||
| 8 | wine; and (4) will not annually sell more than 5,000 | ||||||
| 9 | gallons of its wine to retail licensees. | ||||||
| 10 | (D) A self-distribution exemption holder shall | ||||||
| 11 | annually certify to the Commission its production of | ||||||
| 12 | wine in the previous 12 months and its anticipated | ||||||
| 13 | production and sales for the next 12 months. The | ||||||
| 14 | Commission may fine, suspend, or revoke a | ||||||
| 15 | self-distribution exemption after a hearing if it | ||||||
| 16 | finds that the exemption holder has made a material | ||||||
| 17 | misrepresentation in its application, violated a | ||||||
| 18 | revenue or liquor law of Illinois, exceeded production | ||||||
| 19 | of 25,000 gallons of wine in any calendar year, or | ||||||
| 20 | become part of an affiliated group producing more than | ||||||
| 21 | 25,000 gallons of wine or any other alcoholic liquor. | ||||||
| 22 | (E) Except in hearings for violations of this Act | ||||||
| 23 | or Public Act 95-634 amendatory Act or a bona fide | ||||||
| 24 | investigation by duly sworn law enforcement officials, | ||||||
| 25 | the Commission, or its agents, the Commission shall | ||||||
| 26 | maintain the production and sales information of a | ||||||
| |||||||
| |||||||
| 1 | self-distribution exemption holder as confidential and | ||||||
| 2 | shall not release such information to any person. | ||||||
| 3 | (F) The Commission shall issue regulations | ||||||
| 4 | governing self-distribution exemptions consistent with | ||||||
| 5 | this Section and this Act. | ||||||
| 6 | (G) Nothing in this subsection (17) shall prohibit | ||||||
| 7 | a self-distribution exemption holder from entering | ||||||
| 8 | into or simultaneously having a distribution agreement | ||||||
| 9 | with a licensed Illinois distributor. | ||||||
| 10 | (H) It is the intent of this subsection (17) to | ||||||
| 11 | promote and continue orderly markets. The General | ||||||
| 12 | Assembly finds that in order to preserve Illinois' | ||||||
| 13 | regulatory distribution system it is necessary to | ||||||
| 14 | create an exception for smaller makers of wine as their | ||||||
| 15 | wines are frequently adjusted in varietals, mixes, | ||||||
| 16 | vintages, and taste to find and create market niches | ||||||
| 17 | sometimes too small for distributor or importing | ||||||
| 18 | distributor business strategies. Limited | ||||||
| 19 | self-distribution rights will afford and allow smaller | ||||||
| 20 | makers of wine access to the marketplace in order to | ||||||
| 21 | develop a customer base without impairing the | ||||||
| 22 | integrity of the 3-tier system.
| ||||||
| 23 | (18) (A) A class 1 brewer licensee, who must also be | ||||||
| 24 | either a licensed brewer or licensed non-resident dealer | ||||||
| 25 | and annually manufacture less than 930,000 gallons of beer, | ||||||
| 26 | may make application to the State Commission for a | ||||||
| |||||||
| |||||||
| 1 | self-distribution exemption to allow the sale of not more | ||||||
| 2 | than 232,500 gallons of the exemption holder's beer to | ||||||
| 3 | retail licensees per year. | ||||||
| 4 | (B) In the application, which shall be sworn under | ||||||
| 5 | penalty of perjury, the class 1 brewer licensee shall | ||||||
| 6 | state (1) the date it was established; (2) its volume | ||||||
| 7 | of beer manufactured and sold for each year since its | ||||||
| 8 | establishment; (3) its efforts to establish | ||||||
| 9 | distributor relationships; (4) that a | ||||||
| 10 | self-distribution exemption is necessary to facilitate | ||||||
| 11 | the marketing of its beer; and (5) that it will comply | ||||||
| 12 | with the alcoholic beverage and revenue laws of the | ||||||
| 13 | United States, this State, and any other state where it | ||||||
| 14 | is licensed. | ||||||
| 15 | (C) Any application submitted shall be posted on | ||||||
| 16 | the State Commission's website at least 45 days prior | ||||||
| 17 | to action by the State Commission. The State Commission | ||||||
| 18 | shall approve the application for a self-distribution | ||||||
| 19 | exemption if the class 1 brewer licensee: (1) is in | ||||||
| 20 | compliance with the State, revenue, and alcoholic | ||||||
| 21 | beverage laws; (2) is not a member of any affiliated | ||||||
| 22 | group that manufactures manufacturers more than | ||||||
| 23 | 930,000 gallons of beer per annum or produces any other | ||||||
| 24 | alcoholic beverages; (3) shall not annually | ||||||
| 25 | manufacture for sale more than 930,000 gallons of beer; | ||||||
| 26 | (4) shall not annually sell more than 232,500 gallons | ||||||
| |||||||
| |||||||
| 1 | of its beer to retail licensees; and (5) has | ||||||
| 2 | relinquished any brew pub license held by the licensee, | ||||||
| 3 | including any ownership interest it held in the | ||||||
| 4 | licensed brew pub. | ||||||
| 5 | (D) A self-distribution exemption holder shall | ||||||
| 6 | annually certify to the State Commission its | ||||||
| 7 | manufacture of beer during the previous 12 months and | ||||||
| 8 | its anticipated manufacture and sales of beer for the | ||||||
| 9 | next 12 months. The State Commission may fine, suspend, | ||||||
| 10 | or revoke a self-distribution exemption after a | ||||||
| 11 | hearing if it finds that the exemption holder has made | ||||||
| 12 | a material misrepresentation in its application, | ||||||
| 13 | violated a revenue or alcoholic beverage law of | ||||||
| 14 | Illinois, exceeded the manufacture of 930,000 gallons | ||||||
| 15 | of beer in any calendar year or became part of an | ||||||
| 16 | affiliated group manufacturing more than 930,000 | ||||||
| 17 | gallons of beer or any other alcoholic beverage. | ||||||
| 18 | (E) The State Commission shall issue rules and | ||||||
| 19 | regulations governing self-distribution exemptions | ||||||
| 20 | consistent with this Act. | ||||||
| 21 | (F) Nothing in this paragraph (18) shall prohibit a | ||||||
| 22 | self-distribution exemption holder from entering into | ||||||
| 23 | or simultaneously having a distribution agreement with | ||||||
| 24 | a licensed Illinois importing distributor or a | ||||||
| 25 | distributor. If a self-distribution exemption holder | ||||||
| 26 | enters into a distribution agreement and has assigned | ||||||
| |||||||
| |||||||
| 1 | distribution rights to an importing distributor or | ||||||
| 2 | distributor, then the self-distribution exemption | ||||||
| 3 | holder's distribution rights in the assigned | ||||||
| 4 | territories shall cease in a reasonable time not to | ||||||
| 5 | exceed 60 days. | ||||||
| 6 | (G) It is the intent of this paragraph (18) to | ||||||
| 7 | promote and continue orderly markets. The General | ||||||
| 8 | Assembly finds that in order to preserve Illinois' | ||||||
| 9 | regulatory distribution system, it is necessary to | ||||||
| 10 | create an exception for smaller manufacturers in order | ||||||
| 11 | to afford and allow such smaller manufacturers of beer | ||||||
| 12 | access to the marketplace in order to develop a | ||||||
| 13 | customer base without impairing the integrity of the | ||||||
| 14 | 3-tier system. | ||||||
| 15 | (b) On or before April 30, 1999, the Commission shall | ||||||
| 16 | present a written
report to the Governor and the General | ||||||
| 17 | Assembly that shall be based on a study
of the impact of Public | ||||||
| 18 | Act 90-739 this amendatory Act of 1998 on the business of | ||||||
| 19 | soliciting,
selling, and shipping
alcoholic liquor from | ||||||
| 20 | outside of this State directly to residents of this
State.
| ||||||
| 21 | As part of its report, the Commission shall provide the | ||||||
| 22 | following
information:
| ||||||
| 23 | (i) the amount of State excise and sales tax revenues | ||||||
| 24 | generated as a
result of Public Act 90-739 this amendatory | ||||||
| 25 | Act of 1998;
| ||||||
| 26 | (ii) the amount of licensing fees received as a result | ||||||
| |||||||
| |||||||
| 1 | of Public Act 90-739 this amendatory
Act of 1998;
| ||||||
| 2 | (iii) the number of reported violations, the number of | ||||||
| 3 | cease and desist
notices issued by the Commission, the | ||||||
| 4 | number of notices of violations issued
to the Department of | ||||||
| 5 | Revenue, and the number of notices and complaints of
| ||||||
| 6 | violations to law enforcement officials.
| ||||||
| 7 | (Source: P.A. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15; | ||||||
| 8 | 98-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff. 8-24-15; | ||||||
| 9 | revised 9-13-16.)
| ||||||
| 10 | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | ||||||
| 11 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
| 12 | Commission
shall be of the following classes: | ||||||
| 13 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
| 14 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| ||||||
| 15 | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | ||||||
| 16 | First Class Winemaker, Class 7. Second Class Winemaker, Class | ||||||
| 17 | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | ||||||
| 18 | 10. Class 1 Brewer, Class 11. Class 2 Brewer, | ||||||
| 19 | (b) Distributor's license, | ||||||
| 20 | (c) Importing Distributor's license, | ||||||
| 21 | (d) Retailer's license, | ||||||
| 22 | (e) Special Event Retailer's license (not-for-profit), | ||||||
| 23 | (f) Railroad license, | ||||||
| 24 | (g) Boat license, | ||||||
| 25 | (h) Non-Beverage User's license, | ||||||
| |||||||
| |||||||
| 1 | (i) Wine-maker's premises license, | ||||||
| 2 | (j) Airplane license, | ||||||
| 3 | (k) Foreign importer's license, | ||||||
| 4 | (l) Broker's license, | ||||||
| 5 | (m) Non-resident dealer's
license, | ||||||
| 6 | (n) Brew Pub license, | ||||||
| 7 | (o) Auction liquor license, | ||||||
| 8 | (p) Caterer retailer license, | ||||||
| 9 | (q) Special use permit license, | ||||||
| 10 | (r) Winery shipper's license, | ||||||
| 11 | (s) Craft distiller tasting permit. | ||||||
| 12 | No
person, firm, partnership, corporation, or other legal | ||||||
| 13 | business entity that is
engaged in the manufacturing of wine | ||||||
| 14 | may concurrently obtain and hold a
wine-maker's license and a | ||||||
| 15 | wine manufacturer's license. | ||||||
| 16 | (a) A manufacturer's license shall allow the manufacture,
| ||||||
| 17 | importation in bulk, storage, distribution and sale of | ||||||
| 18 | alcoholic liquor
to persons without the State, as may be | ||||||
| 19 | permitted by law and to licensees
in this State as follows: | ||||||
| 20 | Class 1. A Distiller may make sales and deliveries of | ||||||
| 21 | alcoholic liquor to
distillers, rectifiers, importing | ||||||
| 22 | distributors, distributors and
non-beverage users and to no | ||||||
| 23 | other licensees. | ||||||
| 24 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
| 25 | herein, may make
sales and deliveries of alcoholic liquor to | ||||||
| 26 | rectifiers, importing distributors,
distributors, retailers | ||||||
| |||||||
| |||||||
| 1 | and non-beverage users and to no other licensees. | ||||||
| 2 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
| 3 | importing
distributors and distributors and may make sales as | ||||||
| 4 | authorized under subsection (e) of Section 6-4 of this Act. | ||||||
| 5 | Class 4. A first class wine-manufacturer may make sales and | ||||||
| 6 | deliveries of
up to 50,000 gallons of wine to manufacturers,
| ||||||
| 7 | importing
distributors and distributors, and to no other | ||||||
| 8 | licensees. | ||||||
| 9 | Class 5. A second class Wine manufacturer may make sales | ||||||
| 10 | and deliveries
of more than 50,000 gallons of wine to | ||||||
| 11 | manufacturers, importing distributors
and distributors and to | ||||||
| 12 | no other licensees. | ||||||
| 13 | Class 6. A first-class wine-maker's license shall allow the | ||||||
| 14 | manufacture
of up to 50,000 gallons of wine per year, and the
| ||||||
| 15 | storage
and sale of such
wine to distributors in the State and | ||||||
| 16 | to persons without the
State, as may be permitted by law. A | ||||||
| 17 | person who, prior to June 1, 2008 (the effective date of Public | ||||||
| 18 | Act 95-634), is a holder of a first-class wine-maker's license | ||||||
| 19 | and annually produces more than 25,000 gallons of its own wine | ||||||
| 20 | and who distributes its wine to licensed retailers shall cease | ||||||
| 21 | this practice on or before July 1, 2008 in compliance with | ||||||
| 22 | Public Act 95-634. | ||||||
| 23 | Class 7. A second-class wine-maker's license shall allow | ||||||
| 24 | the manufacture
of between 50,000 and 150,000 gallons of wine | ||||||
| 25 | per year, and
the
storage and sale of such wine
to distributors | ||||||
| 26 | in this State and to persons without the State, as may be
| ||||||
| |||||||
| |||||||
| 1 | permitted by law. A person who, prior to June 1, 2008 (the | ||||||
| 2 | effective date of Public Act 95-634), is a holder of a | ||||||
| 3 | second-class wine-maker's license and annually produces more | ||||||
| 4 | than 25,000 gallons of its own wine and who distributes its | ||||||
| 5 | wine to licensed retailers shall cease this practice on or | ||||||
| 6 | before July 1, 2008 in compliance with Public Act 95-634. | ||||||
| 7 | Class 8. A limited wine-manufacturer may make sales and | ||||||
| 8 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
| 9 | distributors, and to
non-licensees in accordance with the | ||||||
| 10 | provisions of this Act. | ||||||
| 11 | Class 9. A craft distiller license shall allow the | ||||||
| 12 | manufacture of up to 100,000 March 1, 2013 (Public Act 97-1166) | ||||||
| 13 | gallons of spirits by distillation per year and the storage of | ||||||
| 14 | such spirits. If a craft distiller licensee, including a craft | ||||||
| 15 | distiller licensee who holds more than one craft distiller | ||||||
| 16 | license, is not affiliated with any other manufacturer of | ||||||
| 17 | spirits, then the craft distiller licensee may sell such | ||||||
| 18 | spirits to distributors in this State and up to 2,500 gallons | ||||||
| 19 | of such spirits to non-licensees to the extent permitted by any | ||||||
| 20 | exemption approved by the Commission pursuant to Section 6-4 of | ||||||
| 21 | this Act. A craft distiller license holder may store such | ||||||
| 22 | spirits at a non-contiguous licensed location, but at no time | ||||||
| 23 | shall a craft distiller license holder directly or indirectly | ||||||
| 24 | produce in the aggregate more than 100,000 gallons of spirits | ||||||
| 25 | per year. | ||||||
| 26 | A craft distiller licensee may hold more than one craft | ||||||
| |||||||
| |||||||
| 1 | distiller's license. However, a craft distiller that holds more | ||||||
| 2 | than one craft distiller license shall not manufacture, in the | ||||||
| 3 | aggregate, more than 100,000 gallons of spirits by distillation | ||||||
| 4 | per year and shall not sell, in the aggregate, more than 2,500 | ||||||
| 5 | gallons of such spirits to non-licensees in accordance with an | ||||||
| 6 | exemption approved by the State Commission pursuant to Section | ||||||
| 7 | 6-4 of this Act. | ||||||
| 8 | Any craft distiller licensed under this Act who on July 28, | ||||||
| 9 | 2010 (the effective date of Public Act 96-1367) was licensed as | ||||||
| 10 | a distiller and manufactured no more spirits than permitted by | ||||||
| 11 | this Section shall not be required to pay the initial licensing | ||||||
| 12 | fee. | ||||||
| 13 | Class 10. A class 1 brewer license, which may only be | ||||||
| 14 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
| 15 | shall allow the manufacture of up to 930,000 gallons of beer | ||||||
| 16 | per year provided that the class 1 brewer licensee does not | ||||||
| 17 | manufacture more than a combined 930,000 gallons of beer per | ||||||
| 18 | year and is not a member of or affiliated with, directly or | ||||||
| 19 | indirectly, a manufacturer that produces more than 930,000 | ||||||
| 20 | gallons of beer per year or any other alcoholic liquor. A class | ||||||
| 21 | 1 brewer licensee may make sales and deliveries to importing | ||||||
| 22 | distributors and distributors and to retail licensees in | ||||||
| 23 | accordance with the conditions set forth in paragraph (18) of | ||||||
| 24 | subsection (a) of Section 3-12 of this Act. | ||||||
| 25 | Class 11. A class 2 brewer license, which may only be | ||||||
| 26 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
| |||||||
| |||||||
| 1 | shall allow the manufacture of up to 3,720,000 gallons of beer | ||||||
| 2 | per year provided that the class 2 brewer licensee does not | ||||||
| 3 | manufacture more than a combined 3,720,000 gallons of beer per | ||||||
| 4 | year and is not a member of or affiliated with, directly or | ||||||
| 5 | indirectly, a manufacturer that produces more than 3,720,000 | ||||||
| 6 | gallons of beer per year or any other alcoholic liquor. A class | ||||||
| 7 | 2 brewer licensee may make sales and deliveries to importing | ||||||
| 8 | distributors and distributors, but shall not make sales or | ||||||
| 9 | deliveries to any other licensee. If the State Commission | ||||||
| 10 | provides prior approval, a class 2 brewer licensee may annually | ||||||
| 11 | transfer up to 3,720,000 gallons of beer manufactured by that | ||||||
| 12 | class 2 brewer licensee to the premises of a licensed class 2 | ||||||
| 13 | brewer wholly owned and operated by the same licensee. | ||||||
| 14 | (a-1) A manufacturer which is licensed in this State to | ||||||
| 15 | make sales or
deliveries of alcoholic liquor to licensed | ||||||
| 16 | distributors or importing distributors and which enlists | ||||||
| 17 | agents, representatives, or
individuals acting on its behalf | ||||||
| 18 | who contact licensed retailers on a regular
and continual basis | ||||||
| 19 | in this State must register those agents, representatives,
or | ||||||
| 20 | persons acting on its behalf with the State Commission. | ||||||
| 21 | Registration of agents, representatives, or persons acting | ||||||
| 22 | on behalf of a
manufacturer is fulfilled by submitting a form | ||||||
| 23 | to the Commission. The form
shall be developed by the | ||||||
| 24 | Commission and shall include the name and address of
the | ||||||
| 25 | applicant, the name and address of the manufacturer he or she | ||||||
| 26 | represents,
the territory or areas assigned to sell to or | ||||||
| |||||||
| |||||||
| 1 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
| 2 | questions deemed appropriate and necessary.
All statements in | ||||||
| 3 | the forms required to be made by law or by rule shall be
deemed | ||||||
| 4 | material, and any person who knowingly misstates any material | ||||||
| 5 | fact under
oath in an application is guilty of a Class B | ||||||
| 6 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
| 7 | misleading statements, evasions, or
suppression of material | ||||||
| 8 | facts in the securing of a registration are grounds for
| ||||||
| 9 | suspension or revocation of the registration. The State | ||||||
| 10 | Commission shall post a list of registered agents on the | ||||||
| 11 | Commission's website. | ||||||
| 12 | (b) A distributor's license shall allow the wholesale | ||||||
| 13 | purchase and storage
of alcoholic liquors and sale of alcoholic | ||||||
| 14 | liquors to licensees
in this State and to persons without the | ||||||
| 15 | State, as may be permitted by law. No person licensed as a | ||||||
| 16 | distributor shall be granted a non-resident dealer's license. | ||||||
| 17 | (c) An importing distributor's license may be issued to and | ||||||
| 18 | held by
those only who are duly licensed distributors, upon the | ||||||
| 19 | filing of an
application by a duly licensed distributor, with | ||||||
| 20 | the Commission and
the Commission shall, without the
payment of | ||||||
| 21 | any fee, immediately issue such importing distributor's
| ||||||
| 22 | license to the applicant, which shall allow the importation of | ||||||
| 23 | alcoholic
liquor by the licensee into this State from any point | ||||||
| 24 | in the United
States outside this State, and the purchase of | ||||||
| 25 | alcoholic liquor in
barrels, casks or other bulk containers and | ||||||
| 26 | the bottling of such
alcoholic liquors before resale thereof, | ||||||
| |||||||
| |||||||
| 1 | but all bottles or containers
so filled shall be sealed, | ||||||
| 2 | labeled, stamped and otherwise made to comply
with all | ||||||
| 3 | provisions, rules and regulations governing manufacturers in
| ||||||
| 4 | the preparation and bottling of alcoholic liquors. The | ||||||
| 5 | importing
distributor's license shall permit such licensee to | ||||||
| 6 | purchase alcoholic
liquor from Illinois licensed non-resident | ||||||
| 7 | dealers and foreign importers only. No person licensed as an | ||||||
| 8 | importing distributor shall be granted a non-resident dealer's | ||||||
| 9 | license. | ||||||
| 10 | (d) A retailer's license shall allow the licensee to sell | ||||||
| 11 | and offer
for sale at retail, only in the premises specified in | ||||||
| 12 | the license,
alcoholic liquor for use or consumption, but not | ||||||
| 13 | for resale in any form. Nothing in Public Act 95-634 shall | ||||||
| 14 | deny, limit, remove, or restrict the ability of a holder of a | ||||||
| 15 | retailer's license to transfer, deliver, or ship alcoholic | ||||||
| 16 | liquor to the purchaser for use or consumption subject to any | ||||||
| 17 | applicable local law or ordinance. Any retail license issued to | ||||||
| 18 | a manufacturer shall only
permit the manufacturer to sell beer | ||||||
| 19 | at retail on the premises actually
occupied by the | ||||||
| 20 | manufacturer. For the purpose of further describing the type of | ||||||
| 21 | business conducted at a retail licensed premises, a retailer's | ||||||
| 22 | licensee may be designated by the State Commission as (i) an on | ||||||
| 23 | premise consumption retailer, (ii) an off premise sale | ||||||
| 24 | retailer, or (iii) a combined on premise consumption and off | ||||||
| 25 | premise sale retailer.
| ||||||
| 26 | Notwithstanding any other provision of this subsection | ||||||
| |||||||
| |||||||
| 1 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
| 2 | event retailer licensee for
resale to the extent permitted | ||||||
| 3 | under subsection (e). | ||||||
| 4 | (e) A special event retailer's license (not-for-profit) | ||||||
| 5 | shall permit the
licensee to purchase alcoholic liquors from an | ||||||
| 6 | Illinois licensed distributor
(unless the licensee purchases | ||||||
| 7 | less than $500 of alcoholic liquors for the
special event, in | ||||||
| 8 | which case the licensee may purchase the alcoholic liquors
from | ||||||
| 9 | a licensed retailer) and shall allow the licensee to sell and | ||||||
| 10 | offer for
sale, at retail, alcoholic liquors for use or | ||||||
| 11 | consumption, but not for resale
in any form and only at the | ||||||
| 12 | location and on the specific dates designated for
the special | ||||||
| 13 | event in the license. An applicant for a special event retailer
| ||||||
| 14 | license must
(i) furnish with the application: (A) a resale | ||||||
| 15 | number issued under Section
2c of the Retailers' Occupation Tax | ||||||
| 16 | Act or evidence that the applicant is
registered under Section | ||||||
| 17 | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | ||||||
| 18 | exemption identification
number issued under Section 1g of the | ||||||
| 19 | Retailers' Occupation Tax Act, and a
certification to the | ||||||
| 20 | Commission that the purchase of alcoholic liquors will be
a | ||||||
| 21 | tax-exempt purchase, or (C) a statement that the applicant is | ||||||
| 22 | not registered
under Section 2a of the Retailers' Occupation | ||||||
| 23 | Tax Act, does not hold a resale
number under Section 2c of the | ||||||
| 24 | Retailers' Occupation Tax Act, and does not
hold an exemption | ||||||
| 25 | number under Section 1g of the Retailers' Occupation Tax
Act, | ||||||
| 26 | in which event the Commission shall set forth on the special | ||||||
| |||||||
| |||||||
| 1 | event
retailer's license a statement to that effect; (ii) | ||||||
| 2 | submit with the application proof satisfactory to
the State | ||||||
| 3 | Commission that the applicant will provide dram shop liability
| ||||||
| 4 | insurance in the maximum limits; and (iii) show proof | ||||||
| 5 | satisfactory to the
State Commission that the applicant has | ||||||
| 6 | obtained local authority
approval. | ||||||
| 7 | (f) A railroad license shall permit the licensee to import | ||||||
| 8 | alcoholic
liquors into this State from any point in the United | ||||||
| 9 | States outside this
State and to store such alcoholic liquors | ||||||
| 10 | in this State; to make wholesale
purchases of alcoholic liquors | ||||||
| 11 | directly from manufacturers, foreign
importers, distributors | ||||||
| 12 | and importing distributors from within or outside
this State; | ||||||
| 13 | and to store such alcoholic liquors in this State; provided
| ||||||
| 14 | that the above powers may be exercised only in connection with | ||||||
| 15 | the
importation, purchase or storage of alcoholic liquors to be | ||||||
| 16 | sold or
dispensed on a club, buffet, lounge or dining car | ||||||
| 17 | operated on an electric,
gas or steam railway in this State; | ||||||
| 18 | and provided further, that railroad
licensees exercising the | ||||||
| 19 | above powers shall be subject to all provisions of
Article VIII | ||||||
| 20 | of this Act as applied to importing distributors. A railroad
| ||||||
| 21 | license shall also permit the licensee to sell or dispense | ||||||
| 22 | alcoholic
liquors on any club, buffet, lounge or dining car | ||||||
| 23 | operated on an electric,
gas or steam railway regularly | ||||||
| 24 | operated by a common carrier in this State,
but shall not | ||||||
| 25 | permit the sale for resale of any alcoholic liquors to any
| ||||||
| 26 | licensee within this State. A license shall be obtained for | ||||||
| |||||||
| |||||||
| 1 | each car in which
such sales are made. | ||||||
| 2 | (g) A boat license shall allow the sale of alcoholic liquor | ||||||
| 3 | in
individual drinks, on any passenger boat regularly operated | ||||||
| 4 | as a common
carrier on navigable waters in this State or on any | ||||||
| 5 | riverboat operated
under
the Riverboat Gambling Act, which boat | ||||||
| 6 | or riverboat maintains a public
dining room or restaurant | ||||||
| 7 | thereon. | ||||||
| 8 | (h) A non-beverage user's license shall allow the licensee | ||||||
| 9 | to
purchase alcoholic liquor from a licensed manufacturer or | ||||||
| 10 | importing
distributor, without the imposition of any tax upon | ||||||
| 11 | the business of such
licensed manufacturer or importing | ||||||
| 12 | distributor as to such alcoholic
liquor to be used by such | ||||||
| 13 | licensee solely for the non-beverage purposes
set forth in | ||||||
| 14 | subsection (a) of Section 8-1 of this Act, and
such licenses | ||||||
| 15 | shall be divided and classified and shall permit the
purchase, | ||||||
| 16 | possession and use of limited and stated quantities of
| ||||||
| 17 | alcoholic liquor as follows: | ||||||
| 18 | Class 1, not to exceed ......................... 500 gallons
| ||||||
| 19 | Class 2, not to exceed ....................... 1,000 gallons
| ||||||
| 20 | Class 3, not to exceed ....................... 5,000 gallons
| ||||||
| 21 | Class 4, not to exceed ...................... 10,000 gallons
| ||||||
| 22 | Class 5, not to exceed ....................... 50,000 gallons | ||||||
| 23 | (i) A wine-maker's premises license shall allow a
licensee | ||||||
| 24 | that concurrently holds a first-class wine-maker's license to | ||||||
| 25 | sell
and offer for sale at retail in the premises specified in | ||||||
| 26 | such license
not more than 50,000 gallons of the first-class | ||||||
| |||||||
| |||||||
| 1 | wine-maker's wine that is
made at the first-class wine-maker's | ||||||
| 2 | licensed premises per year for use or
consumption, but not for | ||||||
| 3 | resale in any form. A wine-maker's premises
license shall allow | ||||||
| 4 | a licensee who concurrently holds a second-class
wine-maker's | ||||||
| 5 | license to sell and offer for sale at retail in the premises
| ||||||
| 6 | specified in such license up to 100,000 gallons of the
| ||||||
| 7 | second-class wine-maker's wine that is made at the second-class | ||||||
| 8 | wine-maker's
licensed premises per year
for use or consumption | ||||||
| 9 | but not for resale in any form. A wine-maker's premises license | ||||||
| 10 | shall allow a
licensee that concurrently holds a first-class | ||||||
| 11 | wine-maker's license or a second-class
wine-maker's license to | ||||||
| 12 | sell
and offer for sale at retail at the premises specified in | ||||||
| 13 | the wine-maker's premises license, for use or consumption but | ||||||
| 14 | not for resale in any form, any beer, wine, and spirits | ||||||
| 15 | purchased from a licensed distributor. Upon approval from the
| ||||||
| 16 | State Commission, a wine-maker's premises license
shall allow | ||||||
| 17 | the licensee to sell and offer for sale at (i) the wine-maker's
| ||||||
| 18 | licensed premises and (ii) at up to 2 additional locations for | ||||||
| 19 | use and
consumption and not for resale. Each location shall | ||||||
| 20 | require additional
licensing per location as specified in | ||||||
| 21 | Section 5-3 of this Act. A wine-maker's premises licensee shall
| ||||||
| 22 | secure liquor liability insurance coverage in an amount at
| ||||||
| 23 | least equal to the maximum liability amounts set forth in
| ||||||
| 24 | subsection (a) of Section 6-21 of this Act.
| ||||||
| 25 | (j) An airplane license shall permit the licensee to import
| ||||||
| 26 | alcoholic liquors into this State from any point in the United | ||||||
| |||||||
| |||||||
| 1 | States
outside this State and to store such alcoholic liquors | ||||||
| 2 | in this State; to
make wholesale purchases of alcoholic liquors | ||||||
| 3 | directly from
manufacturers, foreign importers, distributors | ||||||
| 4 | and importing
distributors from within or outside this State; | ||||||
| 5 | and to store such
alcoholic liquors in this State; provided | ||||||
| 6 | that the above powers may be
exercised only in connection with | ||||||
| 7 | the importation, purchase or storage
of alcoholic liquors to be | ||||||
| 8 | sold or dispensed on an airplane; and
provided further, that | ||||||
| 9 | airplane licensees exercising the above powers
shall be subject | ||||||
| 10 | to all provisions of Article VIII of this Act as
applied to | ||||||
| 11 | importing distributors. An airplane licensee shall also
permit | ||||||
| 12 | the sale or dispensing of alcoholic liquors on any passenger
| ||||||
| 13 | airplane regularly operated by a common carrier in this State, | ||||||
| 14 | but shall
not permit the sale for resale of any alcoholic | ||||||
| 15 | liquors to any licensee
within this State. A single airplane | ||||||
| 16 | license shall be required of an
airline company if liquor | ||||||
| 17 | service is provided on board aircraft in this
State. The annual | ||||||
| 18 | fee for such license shall be as determined in
Section 5-3. | ||||||
| 19 | (k) A foreign importer's license shall permit such licensee | ||||||
| 20 | to purchase
alcoholic liquor from Illinois licensed | ||||||
| 21 | non-resident dealers only, and to
import alcoholic liquor other | ||||||
| 22 | than in bulk from any point outside the
United States and to | ||||||
| 23 | sell such alcoholic liquor to Illinois licensed
importing | ||||||
| 24 | distributors and to no one else in Illinois;
provided that (i) | ||||||
| 25 | the foreign importer registers with the State Commission
every
| ||||||
| 26 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
| |||||||
| |||||||
| 1 | licensees during the
license period, (ii) the foreign importer | ||||||
| 2 | complies with all of the provisions
of Section
6-9 of this Act | ||||||
| 3 | with respect to registration of such Illinois licensees as may
| ||||||
| 4 | be granted the
right to sell such brands at wholesale, and | ||||||
| 5 | (iii) the foreign importer complies with the provisions of | ||||||
| 6 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
| 7 | provisions apply to manufacturers. | ||||||
| 8 | (l) (i) A broker's license shall be required of all persons
| ||||||
| 9 | who solicit
orders for, offer to sell or offer to supply | ||||||
| 10 | alcoholic liquor to
retailers in the State of Illinois, or who | ||||||
| 11 | offer to retailers to ship or
cause to be shipped or to make | ||||||
| 12 | contact with distillers, rectifiers,
brewers or manufacturers | ||||||
| 13 | or any other party within or without the State
of Illinois in | ||||||
| 14 | order that alcoholic liquors be shipped to a distributor,
| ||||||
| 15 | importing distributor or foreign importer, whether such | ||||||
| 16 | solicitation or
offer is consummated within or without the | ||||||
| 17 | State of Illinois. | ||||||
| 18 | No holder of a retailer's license issued by the Illinois | ||||||
| 19 | Liquor
Control Commission shall purchase or receive any | ||||||
| 20 | alcoholic liquor, the
order for which was solicited or offered | ||||||
| 21 | for sale to such retailer by a
broker unless the broker is the | ||||||
| 22 | holder of a valid broker's license. | ||||||
| 23 | The broker shall, upon the acceptance by a retailer of the | ||||||
| 24 | broker's
solicitation of an order or offer to sell or supply or | ||||||
| 25 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
| 26 | to the Illinois Liquor
Control Commission a notification of | ||||||
| |||||||
| |||||||
| 1 | said transaction in such form as
the Commission may by | ||||||
| 2 | regulations prescribe. | ||||||
| 3 | (ii) A broker's license shall be required of
a person | ||||||
| 4 | within this State, other than a retail licensee,
who, for a fee | ||||||
| 5 | or commission, promotes, solicits, or accepts orders for
| ||||||
| 6 | alcoholic liquor, for use or consumption and not for
resale, to | ||||||
| 7 | be shipped from this State and delivered to residents outside | ||||||
| 8 | of
this State by an express company, common carrier, or | ||||||
| 9 | contract carrier.
This Section does not apply to any person who | ||||||
| 10 | promotes, solicits, or accepts
orders for wine as specifically | ||||||
| 11 | authorized in Section 6-29 of this Act. | ||||||
| 12 | A broker's license under this subsection (l)
shall not | ||||||
| 13 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
| 14 | own account or to take or deliver title to
such alcoholic | ||||||
| 15 | liquors. | ||||||
| 16 | This subsection (l)
shall not apply to distributors, | ||||||
| 17 | employees of
distributors, or employees of a manufacturer who | ||||||
| 18 | has registered the
trademark, brand or name of the alcoholic | ||||||
| 19 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
| 20 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
| 21 | its registrants thereunder. | ||||||
| 22 | Any agent, representative, or person subject to | ||||||
| 23 | registration pursuant to
subsection (a-1) of this Section shall | ||||||
| 24 | not be eligible to receive a broker's
license. | ||||||
| 25 | (m) A non-resident dealer's license shall permit such | ||||||
| 26 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
| |||||||
| |||||||
| 1 | State from any point
outside of this State, and to sell such | ||||||
| 2 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
| 3 | importing distributors and to no one else in this State;
| ||||||
| 4 | provided that (i) said non-resident dealer shall register with | ||||||
| 5 | the Illinois Liquor
Control Commission each and every brand of | ||||||
| 6 | alcoholic liquor which it proposes
to sell to Illinois | ||||||
| 7 | licensees during the license period, (ii) it shall comply with | ||||||
| 8 | all of the provisions of Section 6-9 hereof with
respect to | ||||||
| 9 | registration of such Illinois licensees as may be granted the | ||||||
| 10 | right
to sell such brands at wholesale, and (iii) the | ||||||
| 11 | non-resident dealer shall comply with the provisions of | ||||||
| 12 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
| 13 | provisions apply to manufacturers. No person licensed as a | ||||||
| 14 | non-resident dealer shall be granted a distributor's or | ||||||
| 15 | importing distributor's license. | ||||||
| 16 | (n) A brew pub license shall allow the licensee to only (i) | ||||||
| 17 | manufacture up to 155,000 gallons of beer per year only
on the | ||||||
| 18 | premises specified in the license, (ii) make sales of the
beer | ||||||
| 19 | manufactured on the premises or, with the approval of the | ||||||
| 20 | Commission, beer manufactured on another brew pub licensed | ||||||
| 21 | premises that is wholly owned and operated by the same licensee | ||||||
| 22 | to importing distributors, distributors,
and to non-licensees | ||||||
| 23 | for use and consumption, (iii) store the beer upon
the | ||||||
| 24 | premises, (iv) sell and offer for sale at retail from the | ||||||
| 25 | licensed
premises for off-premises
consumption no more than | ||||||
| 26 | 155,000 gallons per year so long as such sales are only made | ||||||
| |||||||
| |||||||
| 1 | in-person, (v) sell and offer for sale at retail for use and | ||||||
| 2 | consumption on the premises specified in the license any form | ||||||
| 3 | of alcoholic liquor purchased from a licensed distributor or | ||||||
| 4 | importing distributor, and (vi) with the prior approval of the | ||||||
| 5 | Commission, annually transfer no more than 155,000 gallons of | ||||||
| 6 | beer manufactured on the premises to a licensed brew pub wholly | ||||||
| 7 | owned and operated by the same licensee. | ||||||
| 8 | A brew pub licensee shall not under any circumstance sell | ||||||
| 9 | or offer for sale beer manufactured by the brew pub licensee to | ||||||
| 10 | retail licensees. | ||||||
| 11 | A person who holds a class 2 brewer license may | ||||||
| 12 | simultaneously hold a brew pub license if the class 2 brewer | ||||||
| 13 | (i) does not, under any circumstance, sell or offer for sale | ||||||
| 14 | beer manufactured by the class 2 brewer to retail licensees; | ||||||
| 15 | (ii) does not hold more than 3 brew pub licenses in this State; | ||||||
| 16 | (iii) does not manufacture more than a combined 3,720,000 | ||||||
| 17 | gallons of beer per year, including the beer manufactured at | ||||||
| 18 | the brew pub; and (iv) is not a member of or affiliated with, | ||||||
| 19 | directly or indirectly, a manufacturer that produces more than | ||||||
| 20 | 3,720,000 gallons of beer per year or any other alcoholic | ||||||
| 21 | liquor. | ||||||
| 22 | Notwithstanding any other provision of this Act, a licensed | ||||||
| 23 | brewer, class 2 brewer, or non-resident dealer who before July | ||||||
| 24 | 1, 2015 manufactured less than 3,720,000 gallons of beer per | ||||||
| 25 | year and held a brew pub license on or before July 1, 2015 may | ||||||
| 26 | (i) continue to qualify for and hold that brew pub license for | ||||||
| |||||||
| |||||||
| 1 | the licensed premises and (ii) manufacture more than 3,720,000 | ||||||
| 2 | gallons of beer per year and continue to qualify for and hold | ||||||
| 3 | that brew pub license if that brewer, class 2 brewer, or | ||||||
| 4 | non-resident dealer does not simultaneously hold a class 1 | ||||||
| 5 | brewer license and is not a member of or affiliated with, | ||||||
| 6 | directly or indirectly, a manufacturer that produces more than | ||||||
| 7 | 3,720,000 gallons of beer per year or that produces any other | ||||||
| 8 | alcoholic liquor. | ||||||
| 9 | (o) A caterer retailer license shall allow the holder
to | ||||||
| 10 | serve alcoholic liquors as an incidental part of a food service | ||||||
| 11 | that serves
prepared meals which excludes the serving of snacks | ||||||
| 12 | as
the primary meal, either on or off-site whether licensed or | ||||||
| 13 | unlicensed. | ||||||
| 14 | (p) An auction liquor license shall allow the licensee to | ||||||
| 15 | sell and offer
for sale at auction wine and spirits for use or | ||||||
| 16 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
| 17 | accordance with provisions of this Act. An
auction liquor | ||||||
| 18 | license will be issued to a person and it will permit the
| ||||||
| 19 | auction liquor licensee to hold the auction anywhere in the | ||||||
| 20 | State. An auction
liquor license must be obtained for each | ||||||
| 21 | auction at least 14 days in advance of
the auction date. | ||||||
| 22 | (q) A special use permit license shall allow an Illinois | ||||||
| 23 | licensed
retailer to transfer a portion of its alcoholic liquor | ||||||
| 24 | inventory from its
retail licensed premises to the premises | ||||||
| 25 | specified in the license hereby
created, and to sell or offer | ||||||
| 26 | for sale at retail, only in the premises
specified in the | ||||||
| |||||||
| |||||||
| 1 | license hereby created, the transferred alcoholic liquor for
| ||||||
| 2 | use or consumption, but not for resale in any form. A special | ||||||
| 3 | use permit
license may be granted for the following time | ||||||
| 4 | periods: one day or less; 2 or
more days to a maximum of 15 days | ||||||
| 5 | per location in any 12-month 12 month period. An
applicant for | ||||||
| 6 | the special use permit license must also submit with the
| ||||||
| 7 | application proof satisfactory to the State Commission that the | ||||||
| 8 | applicant will
provide dram shop liability insurance to the | ||||||
| 9 | maximum limits and have local
authority approval. | ||||||
| 10 | (r) A winery shipper's license shall allow a person
with a | ||||||
| 11 | first-class or second-class wine manufacturer's
license, a | ||||||
| 12 | first-class or second-class wine-maker's license,
or a limited | ||||||
| 13 | wine manufacturer's license or who is licensed to
make wine | ||||||
| 14 | under the laws of another state to ship wine
made by that | ||||||
| 15 | licensee directly to a resident of this
State who is 21 years | ||||||
| 16 | of age or older for that resident's
personal use and not for | ||||||
| 17 | resale. Prior to receiving a
winery shipper's license, an | ||||||
| 18 | applicant for the license must
provide the Commission with a | ||||||
| 19 | true copy of its current
license in any state in which it is | ||||||
| 20 | licensed as a manufacturer
of wine. An applicant for a winery | ||||||
| 21 | shipper's license must
also complete an application form that | ||||||
| 22 | provides any other
information the Commission deems necessary. | ||||||
| 23 | The application form shall include all addresses from which the | ||||||
| 24 | applicant for a winery shipper's license intends to ship wine, | ||||||
| 25 | including the name and address of any third party, except for a | ||||||
| 26 | common carrier, authorized to ship wine on behalf of the | ||||||
| |||||||
| |||||||
| 1 | manufacturer. The
application form shall include an | ||||||
| 2 | acknowledgement consenting
to the jurisdiction of the | ||||||
| 3 | Commission, the Illinois
Department of Revenue, and the courts | ||||||
| 4 | of this State concerning
the enforcement of this Act and any | ||||||
| 5 | related laws, rules, and
regulations, including authorizing | ||||||
| 6 | the Department of Revenue
and the Commission to conduct audits | ||||||
| 7 | for the purpose of
ensuring compliance with Public Act 95-634, | ||||||
| 8 | and an acknowledgement that the wine manufacturer is in | ||||||
| 9 | compliance with Section 6-2 of this Act. Any third party, | ||||||
| 10 | except for a common carrier, authorized to ship wine on behalf | ||||||
| 11 | of a first-class or second-class wine manufacturer's licensee, | ||||||
| 12 | a first-class or second-class wine-maker's licensee, a limited | ||||||
| 13 | wine manufacturer's licensee, or a person who is licensed to | ||||||
| 14 | make wine under the laws of another state shall also be | ||||||
| 15 | disclosed by the winery shipper's licensee, and a copy of the | ||||||
| 16 | written appointment of the third-party wine provider, except | ||||||
| 17 | for a common carrier, to the wine manufacturer shall be filed | ||||||
| 18 | with the State Commission as a supplement to the winery | ||||||
| 19 | shipper's license application or any renewal thereof. The | ||||||
| 20 | winery shipper's license holder shall affirm under penalty of | ||||||
| 21 | perjury, as part of the winery shipper's license application or | ||||||
| 22 | renewal, that he or she only ships wine, either directly or | ||||||
| 23 | indirectly through a third-party provider, from the licensee's | ||||||
| 24 | own production. | ||||||
| 25 | Except for a common carrier, a third-party provider | ||||||
| 26 | shipping wine on behalf of a winery shipper's license holder is | ||||||
| |||||||
| |||||||
| 1 | the agent of the winery shipper's license holder and, as such, | ||||||
| 2 | a winery shipper's license holder is responsible for the acts | ||||||
| 3 | and omissions of the third-party provider acting on behalf of | ||||||
| 4 | the license holder. A third-party provider, except for a common | ||||||
| 5 | carrier, that engages in shipping wine into Illinois on behalf | ||||||
| 6 | of a winery shipper's license holder shall consent to the | ||||||
| 7 | jurisdiction of the State Commission and the State. Any | ||||||
| 8 | third-party, except for a common carrier, holding such an | ||||||
| 9 | appointment shall, by February 1 of each calendar year, file | ||||||
| 10 | with the State Commission a statement detailing each shipment | ||||||
| 11 | made to an Illinois resident. The State Commission shall adopt | ||||||
| 12 | rules as soon as practicable to implement the requirements of | ||||||
| 13 | Public Act 99-904 this amendatory Act of the 99th General | ||||||
| 14 | Assembly and shall adopt rules prohibiting any such third-party | ||||||
| 15 | appointment of a third-party provider, except for a common | ||||||
| 16 | carrier, that has been deemed by the State Commission to have | ||||||
| 17 | violated the provisions of this Act with regard to any winery | ||||||
| 18 | shipper licensee. | ||||||
| 19 | A winery shipper licensee must pay to the Department
of | ||||||
| 20 | Revenue the State liquor gallonage tax under Section 8-1 for
| ||||||
| 21 | all wine that is sold by the licensee and shipped to a person
| ||||||
| 22 | in this State. For the purposes of Section 8-1, a winery
| ||||||
| 23 | shipper licensee shall be taxed in the same manner as a
| ||||||
| 24 | manufacturer of wine. A licensee who is not otherwise required | ||||||
| 25 | to register under the Retailers' Occupation Tax Act must
| ||||||
| 26 | register under the Use Tax Act to collect and remit use tax to
| ||||||
| |||||||
| |||||||
| 1 | the Department of Revenue for all gallons of wine that are sold
| ||||||
| 2 | by the licensee and shipped to persons in this State. If a
| ||||||
| 3 | licensee fails to remit the tax imposed under this Act in
| ||||||
| 4 | accordance with the provisions of Article VIII of this Act, the
| ||||||
| 5 | winery shipper's license shall be revoked in accordance
with | ||||||
| 6 | the provisions of Article VII of this Act. If a licensee
fails | ||||||
| 7 | to properly register and remit tax under the Use Tax Act
or the | ||||||
| 8 | Retailers' Occupation Tax Act for all wine that is sold
by the | ||||||
| 9 | winery shipper and shipped to persons in this
State, the winery | ||||||
| 10 | shipper's license shall be revoked in
accordance with the | ||||||
| 11 | provisions of Article VII of this Act. | ||||||
| 12 | A winery shipper licensee must collect, maintain, and
| ||||||
| 13 | submit to the Commission on a semi-annual basis the
total | ||||||
| 14 | number of cases per resident of wine shipped to residents
of | ||||||
| 15 | this State.
A winery shipper licensed under this subsection (r)
| ||||||
| 16 | must comply with the requirements of Section 6-29 of this Act. | ||||||
| 17 | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | ||||||
| 18 | Section 3-12, the State Commission may receive, respond to, and | ||||||
| 19 | investigate any complaint and impose any of the remedies | ||||||
| 20 | specified in paragraph (1) of subsection (a) of Section 3-12. | ||||||
| 21 | (s) A craft distiller tasting permit license shall allow an | ||||||
| 22 | Illinois licensed craft distiller to transfer a portion of its | ||||||
| 23 | alcoholic liquor inventory from its craft distiller licensed | ||||||
| 24 | premises to the premises specified in the license hereby | ||||||
| 25 | created and to conduct a sampling, only in the premises | ||||||
| 26 | specified in the license hereby created, of the transferred | ||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| 1 | alcoholic liquor in accordance with subsection (c) of Section | ||||||||||||||||||||||||||
| 2 | 6-31 of this Act. The transferred alcoholic liquor may not be | ||||||||||||||||||||||||||
| 3 | sold or resold in any form. An applicant for the craft | ||||||||||||||||||||||||||
| 4 | distiller tasting permit license must also submit with the | ||||||||||||||||||||||||||
| 5 | application proof satisfactory to the State Commission that the | ||||||||||||||||||||||||||
| 6 | applicant will provide dram shop liability insurance to the | ||||||||||||||||||||||||||
| 7 | maximum limits and have local authority approval. | ||||||||||||||||||||||||||
| 8 | (Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13; | ||||||||||||||||||||||||||
| 9 | 98-756, eff. 7-16-14; 99-448, eff. 8-24-15; 99-642, eff. | ||||||||||||||||||||||||||
| 10 | 7-28-16; 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, | ||||||||||||||||||||||||||
| 11 | eff. 1-1-17; revised 9-15-16.)
| ||||||||||||||||||||||||||
| 12 | (235 ILCS 5/5-3) (from Ch. 43, par. 118) | ||||||||||||||||||||||||||
| 13 | Sec. 5-3. License fees. Except as otherwise provided | ||||||||||||||||||||||||||
| 14 | herein, at the time
application is made to the State Commission | ||||||||||||||||||||||||||
| 15 | for a license of any class, the
applicant shall pay to the | ||||||||||||||||||||||||||
| 16 | State Commission the fee hereinafter provided for
the kind of | ||||||||||||||||||||||||||
| 17 | license applied for. | ||||||||||||||||||||||||||
| 18 | The fee for licenses issued by the State Commission shall | ||||||||||||||||||||||||||
| 19 | be as follows: | ||||||||||||||||||||||||||
| 20 | For a manufacturer's license: | ||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
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| 25 | Fees collected under this Section shall be paid into the
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 26 | Dram Shop Fund. On and after July 1, 2003 and until June 30, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | 2016, of the funds received for a
retailer's license, in
| ||||||
| 2 | addition to the
first $175, an additional $75 shall be paid | ||||||
| 3 | into the Dram Shop Fund, and $250
shall be
paid into the | ||||||
| 4 | General Revenue Fund. On and after June 30, 2016, one-half of | ||||||
| 5 | the funds received for a retailer's license shall be paid into | ||||||
| 6 | the Dram Shop Fund and one-half of the funds received for a | ||||||
| 7 | retailer's license shall be paid into the General Revenue Fund. | ||||||
| 8 | Beginning June 30, 1990 and on June 30
of each
subsequent year | ||||||
| 9 | through June 29, 2003, any balance over $5,000,000
remaining in | ||||||
| 10 | the Dram Shop Fund
shall be credited to State liquor licensees | ||||||
| 11 | and applied against their fees for
State liquor licenses for | ||||||
| 12 | the following year. The amount credited to each
licensee shall | ||||||
| 13 | be a proportion of the balance in the Dram Fund that is the
| ||||||
| 14 | same as the proportion of the license fee paid by the licensee | ||||||
| 15 | under
this Section for the period in which the balance was | ||||||
| 16 | accumulated to the
aggregate fees paid by all licensees during | ||||||
| 17 | that period. | ||||||
| 18 | No fee shall be paid for licenses issued by the State | ||||||
| 19 | Commission to
the following non-beverage users: | ||||||
| 20 | (a) Hospitals, sanitariums, or clinics when their use | ||||||
| 21 | of alcoholic
liquor is exclusively medicinal, mechanical | ||||||
| 22 | or scientific. | ||||||
| 23 | (b) Universities, colleges of learning or schools when | ||||||
| 24 | their use of
alcoholic liquor is exclusively medicinal, | ||||||
| 25 | mechanical or scientific. | ||||||
| 26 | (c) Laboratories when their use is exclusively for the | ||||||
| |||||||
| |||||||
| 1 | purpose of
scientific research. | ||||||
| 2 | (Source: P.A. 98-55, eff. 7-5-13; 99-448, eff. 8-24-15; 99-902, | ||||||
| 3 | eff. 8-26-16; 99-904, eff. 8-26-16; revised 9-13-16.)
| ||||||
| 4 | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
| ||||||
| 5 | Sec. 6-4. (a) No person licensed by any licensing authority | ||||||
| 6 | as a
distiller, or a wine manufacturer, or any subsidiary or | ||||||
| 7 | affiliate
thereof, or any officer, associate, member, partner, | ||||||
| 8 | representative,
employee, agent or shareholder owning more | ||||||
| 9 | than 5% of the outstanding
shares of such person shall be | ||||||
| 10 | issued an importing distributor's or
distributor's license, | ||||||
| 11 | nor shall any person licensed by any licensing
authority as an | ||||||
| 12 | importing distributor, distributor or retailer, or any
| ||||||
| 13 | subsidiary or affiliate thereof, or any officer or associate, | ||||||
| 14 | member,
partner, representative, employee, agent or | ||||||
| 15 | shareholder owning more than
5% of the outstanding shares of | ||||||
| 16 | such person be issued a distiller's
license, a craft | ||||||
| 17 | distiller's license, or a wine manufacturer's license; and no | ||||||
| 18 | person or persons
licensed as a distiller or craft distiller by | ||||||
| 19 | any licensing authority shall have any
interest, directly or | ||||||
| 20 | indirectly, with such distributor or importing
distributor.
| ||||||
| 21 | However, an importing distributor or distributor, which on | ||||||
| 22 | January
1, 1985 is owned by a brewer, or any subsidiary or | ||||||
| 23 | affiliate thereof or any
officer, associate, member, partner, | ||||||
| 24 | representative, employee, agent or
shareholder owning more | ||||||
| 25 | than 5% of the outstanding shares of the importing
distributor | ||||||
| |||||||
| |||||||
| 1 | or distributor referred to in this paragraph, may own or
| ||||||
| 2 | acquire an ownership interest of more than 5% of the | ||||||
| 3 | outstanding shares of
a wine manufacturer and be issued a wine
| ||||||
| 4 | manufacturer's license by any licensing authority.
| ||||||
| 5 | (b) The foregoing provisions shall not apply to any person | ||||||
| 6 | licensed
by any licensing authority as a distiller or wine | ||||||
| 7 | manufacturer, or to
any subsidiary or affiliate of any | ||||||
| 8 | distiller or wine manufacturer who
shall have been heretofore | ||||||
| 9 | licensed by the State Commission as either an
importing | ||||||
| 10 | distributor or distributor during the annual licensing period
| ||||||
| 11 | expiring June 30, 1947, and shall actually have made sales | ||||||
| 12 | regularly to
retailers.
| ||||||
| 13 | (c) Provided, however, that in such instances where a | ||||||
| 14 | distributor's
or importing distributor's license has been | ||||||
| 15 | issued to any distiller or
wine manufacturer or to any | ||||||
| 16 | subsidiary or affiliate of any distiller or
wine manufacturer | ||||||
| 17 | who has, during the licensing period ending June 30,
1947, sold | ||||||
| 18 | or distributed as such licensed distributor or importing
| ||||||
| 19 | distributor alcoholic liquors and wines to retailers, such | ||||||
| 20 | distiller or
wine manufacturer or any subsidiary or affiliate | ||||||
| 21 | of any distiller or
wine manufacturer holding such | ||||||
| 22 | distributor's or importing distributor's
license may continue | ||||||
| 23 | to sell or distribute to retailers such alcoholic
liquors and | ||||||
| 24 | wines which are manufactured, distilled, processed or
marketed | ||||||
| 25 | by distillers and wine manufacturers whose products it sold or
| ||||||
| 26 | distributed to retailers during the whole or any part of its | ||||||
| |||||||
| |||||||
| 1 | licensing
periods; and such additional brands and additional | ||||||
| 2 | products may be added
to the line of such distributor or | ||||||
| 3 | importing distributor, provided, that
such brands and such | ||||||
| 4 | products were not sold or distributed by any
distributor or | ||||||
| 5 | importing distributor licensed by the State Commission
during | ||||||
| 6 | the licensing period ending June 30, 1947, but can not sell or
| ||||||
| 7 | distribute to retailers any other alcoholic liquors or wines.
| ||||||
| 8 | (d) It shall be unlawful for any distiller licensed | ||||||
| 9 | anywhere to have
any stock ownership or interest in any | ||||||
| 10 | distributor's or importing
distributor's license wherein any | ||||||
| 11 | other person has an interest therein
who is not a distiller and | ||||||
| 12 | does not own more than 5% of any stock in any
distillery. | ||||||
| 13 | Nothing herein contained shall apply to such distillers or
| ||||||
| 14 | their subsidiaries or affiliates, who had a distributor's or | ||||||
| 15 | importing
distributor's license during the licensing period | ||||||
| 16 | ending June 30, 1947,
which license was owned in whole by such | ||||||
| 17 | distiller, or subsidiaries or
affiliates of such distiller.
| ||||||
| 18 | (e) Any person licensed as a brewer, class 1 brewer, or | ||||||
| 19 | class 2 brewer shall be
permitted to sell on the licensed | ||||||
| 20 | premises to non-licensees for on or off-premises consumption | ||||||
| 21 | for the premises in which he
or she actually conducts such | ||||||
| 22 | business beer manufactured by the brewer, class 1 brewer, or | ||||||
| 23 | class 2 brewer. Such sales shall be limited to on-premises, | ||||||
| 24 | in-person sales only, for lawful consumption on or off | ||||||
| 25 | premises. Such authorization shall be considered a privilege | ||||||
| 26 | granted by the brewer license and, other than a manufacturer of | ||||||
| |||||||
| |||||||
| 1 | beer
as stated above, no manufacturer or distributor or | ||||||
| 2 | importing
distributor, excluding airplane licensees exercising | ||||||
| 3 | powers provided in
paragraph (i) of Section 5-1 of this Act, or | ||||||
| 4 | any subsidiary or affiliate
thereof, or any officer,
associate, | ||||||
| 5 | member, partner, representative, employee or agent, or
| ||||||
| 6 | shareholder shall be issued a retailer's license, nor shall any | ||||||
| 7 | person
having a retailer's license, excluding airplane | ||||||
| 8 | licensees exercising powers
provided in paragraph (i) of | ||||||
| 9 | Section 5-1 of this
Act, or any subsidiary or affiliate | ||||||
| 10 | thereof, or
any officer, associate, member, partner, | ||||||
| 11 | representative or agent, or
shareholder be issued a | ||||||
| 12 | manufacturer's license or importing distributor's
license.
| ||||||
| 13 | A person who holds a class 1 or class 2 brewer license and | ||||||
| 14 | is authorized by this Section to sell beer to non-licensees | ||||||
| 15 | shall not sell beer to non-licensees from more than 3 total | ||||||
| 16 | brewer or commonly owned brew pub licensed locations in this | ||||||
| 17 | State. The class 1 or class 2 brewer shall designate to the | ||||||
| 18 | State Commission the brewer or brew pub locations from which it | ||||||
| 19 | will sell beer to non-licensees. | ||||||
| 20 | A person licensed as a craft distiller, including a person | ||||||
| 21 | who holds more than one craft distiller license, not affiliated | ||||||
| 22 | with any other person manufacturing spirits may be authorized | ||||||
| 23 | by the Commission to sell up to 2,500 gallons of spirits | ||||||
| 24 | produced by the person to non-licensees for on or off-premises | ||||||
| 25 | consumption for the premises in which he or she actually | ||||||
| 26 | conducts business permitting only the retail sale of spirits | ||||||
| |||||||
| |||||||
| 1 | manufactured at such premises. Such sales shall be limited to | ||||||
| 2 | on-premises, in-person sales only, for lawful consumption on or | ||||||
| 3 | off premises, and such authorization shall be considered a | ||||||
| 4 | privilege granted by the craft distiller license. A craft | ||||||
| 5 | distiller licensed for retail sale shall secure liquor | ||||||
| 6 | liability insurance coverage in an amount at least equal to the | ||||||
| 7 | maximum liability amounts set forth in subsection (a) of | ||||||
| 8 | Section 6-21 of this Act. | ||||||
| 9 | A craft distiller license holder shall not deliver any | ||||||
| 10 | alcoholic liquor to any non-licensee off the licensed premises. | ||||||
| 11 | A craft distiller shall affirm in its annual craft distiller's | ||||||
| 12 | license application that it does not produce more than 100,000 | ||||||
| 13 | gallons of distilled spirits annually and that the craft | ||||||
| 14 | distiller does not sell more than 2,500 gallons of spirits to | ||||||
| 15 | non-licensees for on or off-premises consumption. In the | ||||||
| 16 | application, which shall be sworn under penalty of perjury, the | ||||||
| 17 | craft distiller shall state the volume of production and sales | ||||||
| 18 | for each year since the craft distiller's establishment. | ||||||
| 19 | (f) (Blank).
| ||||||
| 20 | (g) Notwithstanding any of the foregoing prohibitions, a | ||||||
| 21 | limited wine
manufacturer may sell at retail at its | ||||||
| 22 | manufacturing site for on or off
premises consumption and may | ||||||
| 23 | sell to distributors. A limited wine manufacturer licensee
| ||||||
| 24 | shall secure liquor liability insurance coverage in an amount
| ||||||
| 25 | at least equal to the maximum liability amounts set forth in
| ||||||
| 26 | subsection (a) of Section 6-21 of this Act.
| ||||||
| |||||||
| |||||||
| 1 | (h) The changes made to this Section by Public Act 99-47 | ||||||
| 2 | shall not diminish or impair the rights of any person, whether | ||||||
| 3 | a distiller, wine manufacturer, agent, or affiliate thereof, | ||||||
| 4 | who requested in writing and submitted documentation to the | ||||||
| 5 | State Commission on or before February 18, 2015 to be approved | ||||||
| 6 | for a retail license pursuant to what has heretofore been | ||||||
| 7 | subsection (f); provided that, on or before that date, the | ||||||
| 8 | State Commission considered the intent of that person to apply | ||||||
| 9 | for the retail license under that subsection and, by recorded | ||||||
| 10 | vote, the State Commission approved a resolution indicating | ||||||
| 11 | that such a license application could be lawfully approved upon | ||||||
| 12 | that person duly filing a formal application for a retail | ||||||
| 13 | license and if that person, within 90 days of the State | ||||||
| 14 | Commission appearance and recorded vote, first filed an | ||||||
| 15 | application with the appropriate local commission, which | ||||||
| 16 | application was subsequently approved by the appropriate local | ||||||
| 17 | commission prior to consideration by the State Commission of | ||||||
| 18 | that person's application for a retail license. It is further | ||||||
| 19 | provided that the State Commission may approve the person's | ||||||
| 20 | application for a retail license or renewals of such license if | ||||||
| 21 | such person continues to diligently adhere to all | ||||||
| 22 | representations made in writing to the State Commission on or | ||||||
| 23 | before February 18, 2015, or thereafter, or in the affidavit | ||||||
| 24 | filed by that person with the State Commission to support the | ||||||
| 25 | issuance of a retail license and to abide by all applicable | ||||||
| 26 | laws and duly adopted rules. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15; | ||||||
| 2 | 99-642, eff. 7-28-16; 99-902, eff. 8-26-16; revised 10-25-16.)
| ||||||
| 3 | (235 ILCS 5/6-11)
| ||||||
| 4 | Sec. 6-11. Sale near churches, schools, and hospitals.
| ||||||
| 5 | (a) No license shall be issued for the sale at retail of | ||||||
| 6 | any
alcoholic liquor within 100 feet of any church, school | ||||||
| 7 | other than an
institution of higher learning, hospital, home | ||||||
| 8 | for aged or indigent
persons or for veterans, their spouses or | ||||||
| 9 | children or any military or
naval station, provided, that this | ||||||
| 10 | prohibition shall not apply to hotels
offering restaurant | ||||||
| 11 | service, regularly organized clubs, or to
restaurants, food | ||||||
| 12 | shops or other places where sale of alcoholic liquors
is not | ||||||
| 13 | the principal business carried on if the place of business so
| ||||||
| 14 | exempted is not located in a municipality of more than 500,000 | ||||||
| 15 | persons,
unless required by local ordinance; nor to the renewal | ||||||
| 16 | of a license for the
sale at retail of alcoholic liquor on | ||||||
| 17 | premises within 100 feet of any church
or school where the | ||||||
| 18 | church or school has been established within such
100 feet | ||||||
| 19 | since the issuance of the original license. In the case of a
| ||||||
| 20 | church, the distance of 100 feet shall be measured to the | ||||||
| 21 | nearest part
of any building used for worship services or | ||||||
| 22 | educational programs and
not to property boundaries.
| ||||||
| 23 | (b) Nothing in this Section shall prohibit the issuance of | ||||||
| 24 | a retail
license
authorizing the sale of alcoholic liquor to a | ||||||
| 25 | restaurant, the primary business
of which is the sale of goods | ||||||
| |||||||
| |||||||
| 1 | baked on the premises if (i) the restaurant is
newly | ||||||
| 2 | constructed and located on a lot of not less than 10,000 square | ||||||
| 3 | feet,
(ii) the restaurant costs at least $1,000,000 to | ||||||
| 4 | construct, (iii) the licensee
is the titleholder to the | ||||||
| 5 | premises and resides on the premises, and (iv) the
construction | ||||||
| 6 | of the restaurant is completed within 18 months of July 10, | ||||||
| 7 | 1998 (the effective
date of Public Act 90-617).
| ||||||
| 8 | (c) Nothing in this Section shall prohibit the issuance of | ||||||
| 9 | a retail
license
authorizing the sale of alcoholic liquor | ||||||
| 10 | incidental to a restaurant if (1) the
primary
business of the | ||||||
| 11 | restaurant consists of the sale of food where the sale of
| ||||||
| 12 | liquor is incidental to the sale of food and the applicant is a | ||||||
| 13 | completely new
owner of the restaurant, (2) the immediately
| ||||||
| 14 | prior owner or operator of the premises where the restaurant is | ||||||
| 15 | located
operated the premises as a restaurant and held a valid | ||||||
| 16 | retail license
authorizing the
sale of alcoholic liquor at the | ||||||
| 17 | restaurant for at least part of the 24 months
before the
change | ||||||
| 18 | of ownership, and (3) the restaurant is located 75 or more feet | ||||||
| 19 | from a
school.
| ||||||
| 20 | (d) In the interest of further developing Illinois' economy | ||||||
| 21 | in the area
of
commerce, tourism, convention, and banquet | ||||||
| 22 | business, nothing in this
Section shall
prohibit issuance of a | ||||||
| 23 | retail license authorizing the sale of alcoholic
beverages to a | ||||||
| 24 | restaurant, banquet facility, grocery store, or hotel having
| ||||||
| 25 | not fewer than
150 guest room accommodations located in a | ||||||
| 26 | municipality of more than 500,000
persons, notwithstanding the | ||||||
| |||||||
| |||||||
| 1 | proximity of such hotel, restaurant,
banquet facility, or | ||||||
| 2 | grocery store to any church or school, if the licensed
premises
| ||||||
| 3 | described on the license are located within an enclosed mall or | ||||||
| 4 | building of a
height of at least 6 stories, or 60 feet in the | ||||||
| 5 | case of a building that has
been registered as a national | ||||||
| 6 | landmark, or in a grocery store having a
minimum of 56,010 | ||||||
| 7 | square feet of floor space in a single story building in an
| ||||||
| 8 | open mall of at least 3.96 acres that is adjacent to a public | ||||||
| 9 | school that
opened as a boys technical high school in 1934, or | ||||||
| 10 | in a grocery store having a minimum of 31,000 square feet of | ||||||
| 11 | floor space in a single story building located a distance of | ||||||
| 12 | more than 90 feet but less than 100 feet from a high school | ||||||
| 13 | that opened in 1928 as a junior high school and became a senior | ||||||
| 14 | high school in 1933, and in each of these
cases if the sale of
| ||||||
| 15 | alcoholic liquors is not the principal business carried on by | ||||||
| 16 | the licensee.
| ||||||
| 17 | For purposes of this Section, a "banquet facility" is any | ||||||
| 18 | part of a
building that caters to private parties and where the | ||||||
| 19 | sale of alcoholic liquors
is not the principal business.
| ||||||
| 20 | (e) Nothing in this Section shall prohibit the issuance of | ||||||
| 21 | a license to
a
church or private school to sell at retail | ||||||
| 22 | alcoholic liquor if any such
sales are limited to periods when | ||||||
| 23 | groups are assembled on the premises
solely for the promotion | ||||||
| 24 | of some common object other than the sale or
consumption of | ||||||
| 25 | alcoholic liquors.
| ||||||
| 26 | (f) Nothing in this Section shall prohibit a church or | ||||||
| |||||||
| |||||||
| 1 | church affiliated
school
located in a home rule municipality or | ||||||
| 2 | in a municipality with 75,000 or more
inhabitants from locating
| ||||||
| 3 | within 100 feet of a property for which there is a preexisting | ||||||
| 4 | license to sell
alcoholic liquor at retail. In these instances, | ||||||
| 5 | the local zoning authority
may, by ordinance adopted | ||||||
| 6 | simultaneously with the granting of an initial
special use | ||||||
| 7 | zoning permit for the church or church affiliated school, | ||||||
| 8 | provide
that the 100-foot restriction in this Section shall not | ||||||
| 9 | apply to that church or
church affiliated school and future | ||||||
| 10 | retail liquor licenses.
| ||||||
| 11 | (g) Nothing in this Section shall prohibit the issuance of | ||||||
| 12 | a retail
license authorizing the sale of alcoholic liquor at | ||||||
| 13 | premises within 100 feet,
but not less than 90 feet, of a | ||||||
| 14 | public school if (1) the premises have been
continuously | ||||||
| 15 | licensed to sell alcoholic liquor
for a period of at least 50 | ||||||
| 16 | years,
(2) the premises are located in a municipality having a | ||||||
| 17 | population of over
500,000 inhabitants, (3) the licensee is an | ||||||
| 18 | individual who is a member of a
family that has held the | ||||||
| 19 | previous 3 licenses for that location for more than 25
years, | ||||||
| 20 | (4) the
principal of the school and the alderman of the ward in | ||||||
| 21 | which the school is
located have delivered a written statement | ||||||
| 22 | to the local liquor control
commissioner stating that they do | ||||||
| 23 | not object to the issuance of a license
under this subsection | ||||||
| 24 | (g), and (5) the local liquor control commissioner has
received | ||||||
| 25 | the written consent of a majority of the registered voters who | ||||||
| 26 | live
within 200 feet of the premises.
| ||||||
| |||||||
| |||||||
| 1 | (h) Notwithstanding any provision of this Section to the | ||||||
| 2 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 3 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 4 | liquor within premises and at an outdoor patio area attached to | ||||||
| 5 | premises that are located in a municipality with a population | ||||||
| 6 | in excess of 300,000 inhabitants and that are within 100 feet | ||||||
| 7 | of a church if:
| ||||||
| 8 | (1) the sale of alcoholic liquor at the premises is | ||||||
| 9 | incidental to the sale of food,
| ||||||
| 10 | (2) the sale of liquor is not the principal business | ||||||
| 11 | carried on by the licensee at the premises, | ||||||
| 12 | (3) the premises are less than 1,000 square feet, | ||||||
| 13 | (4) the premises are owned by the University of | ||||||
| 14 | Illinois, | ||||||
| 15 | (5) the premises are immediately adjacent to property | ||||||
| 16 | owned by a church and are not less than 20 nor more than 40 | ||||||
| 17 | feet from the church space used for worship services, and | ||||||
| 18 | (6) the principal religious leader at the place of | ||||||
| 19 | worship has indicated his or her support for the issuance | ||||||
| 20 | of the license in writing.
| ||||||
| 21 | (i) Notwithstanding any provision in this Section to the | ||||||
| 22 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 23 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
| 24 | that is located within a municipality with a population in | ||||||
| 25 | excess of 300,000 inhabitants and is within 100 feet of a | ||||||
| 26 | church, synagogue, or other place of worship if: | ||||||
| |||||||
| |||||||
| 1 | (1) the primary entrance of the premises and the | ||||||
| 2 | primary entrance of the church, synagogue, or other place | ||||||
| 3 | of worship are at least 100 feet apart, on parallel | ||||||
| 4 | streets, and separated by an alley; and | ||||||
| 5 | (2) the principal religious leader at the place of | ||||||
| 6 | worship has not indicated his or her opposition to the | ||||||
| 7 | issuance or renewal of the license in writing. | ||||||
| 8 | (j) Notwithstanding any provision in this Section to the | ||||||
| 9 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 10 | of a retail
license authorizing the sale of alcoholic liquor at | ||||||
| 11 | a theater that is within 100 feet of a church if (1) the church | ||||||
| 12 | owns the theater, (2) the church leases the theater to one or | ||||||
| 13 | more entities, and
(3) the theater is used by at least 5 | ||||||
| 14 | different not-for-profit theater groups. | ||||||
| 15 | (k) Notwithstanding any provision in this Section to the | ||||||
| 16 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 17 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 18 | liquor at a premises that is located within a municipality with | ||||||
| 19 | a population in excess of 1,000,000 inhabitants and is within | ||||||
| 20 | 100 feet of a school if:
| ||||||
| 21 | (1) the primary entrance of the premises and the | ||||||
| 22 | primary entrance of the school are parallel, on different | ||||||
| 23 | streets, and separated by an alley; | ||||||
| 24 | (2) the southeast corner of the premises are at least | ||||||
| 25 | 350 feet from the southwest corner of the school; | ||||||
| 26 | (3) the school was built in 1978; | ||||||
| |||||||
| |||||||
| 1 | (4) the sale of alcoholic liquor at the premises is | ||||||
| 2 | incidental to the sale of food; | ||||||
| 3 | (5) the sale of alcoholic liquor is not the principal | ||||||
| 4 | business carried on by the licensee at the premises; | ||||||
| 5 | (6) the applicant is the owner of the restaurant and | ||||||
| 6 | has held a valid license authorizing the sale of alcoholic | ||||||
| 7 | liquor for the business to be conducted on the premises at | ||||||
| 8 | a different location for more than 7 years; and | ||||||
| 9 | (7) the premises is at least 2,300 square feet and sits | ||||||
| 10 | on a lot that is between 6,100 and 6,150 square feet. | ||||||
| 11 | (l) Notwithstanding any provision in this Section to the | ||||||
| 12 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 13 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 14 | liquor at a premises that is located within a municipality with | ||||||
| 15 | a population in excess of 1,000,000 inhabitants and is within | ||||||
| 16 | 100 feet of a church or school if: | ||||||
| 17 | (1) the primary entrance of the premises and the | ||||||
| 18 | closest entrance of the church or school is at least 90 | ||||||
| 19 | feet apart and no greater than 95 feet apart; | ||||||
| 20 | (2) the shortest distance between the premises and the | ||||||
| 21 | church or school is at least 80 feet apart and no greater | ||||||
| 22 | than 85 feet apart; | ||||||
| 23 | (3) the applicant is the owner of the restaurant and on | ||||||
| 24 | November 15, 2006 held a valid license authorizing the sale | ||||||
| 25 | of alcoholic liquor for the business to be conducted on the | ||||||
| 26 | premises for at least 14 different locations; | ||||||
| |||||||
| |||||||
| 1 | (4) the sale of alcoholic liquor at the premises is | ||||||
| 2 | incidental to the sale of food; | ||||||
| 3 | (5) the sale of alcoholic liquor is not the principal | ||||||
| 4 | business carried on by the licensee at the premises; | ||||||
| 5 | (6) the premises is at least 3,200 square feet and sits | ||||||
| 6 | on a lot that is between 7,150 and 7,200 square feet; and | ||||||
| 7 | (7) the principal religious leader at the place of | ||||||
| 8 | worship has not indicated his or her opposition to the | ||||||
| 9 | issuance or renewal of the license in writing.
| ||||||
| 10 | (m) Notwithstanding any provision in this Section to the | ||||||
| 11 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 12 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 13 | liquor at a premises that is located within a municipality with | ||||||
| 14 | a population in excess of 1,000,000 inhabitants and is within | ||||||
| 15 | 100 feet of a church if: | ||||||
| 16 | (1) the premises and the church are perpendicular, and | ||||||
| 17 | the primary entrance of the premises faces South while the | ||||||
| 18 | primary entrance of the church faces West and the distance | ||||||
| 19 | between the two entrances is more than 100 feet; | ||||||
| 20 | (2) the shortest distance between the premises lot line | ||||||
| 21 | and the exterior wall of the church is at least 80 feet; | ||||||
| 22 | (3) the church was established at the current location | ||||||
| 23 | in 1916 and the present structure was erected in 1925; | ||||||
| 24 | (4) the premises is a single story, single use building | ||||||
| 25 | with at least 1,750 square feet and no more than 2,000 | ||||||
| 26 | square feet; | ||||||
| |||||||
| |||||||
| 1 | (5) the sale of alcoholic liquor at the premises is | ||||||
| 2 | incidental to the sale of food; | ||||||
| 3 | (6) the sale of alcoholic liquor is not the principal | ||||||
| 4 | business carried on by the licensee at the premises; and | ||||||
| 5 | (7) the principal religious leader at the place of | ||||||
| 6 | worship has not indicated his or her opposition to the | ||||||
| 7 | issuance or renewal of the license in writing. | ||||||
| 8 | (n) Notwithstanding any provision in this Section to the | ||||||
| 9 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 10 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 11 | liquor at a premises that is located within a municipality with | ||||||
| 12 | a population in excess of 1,000,000 inhabitants and is within | ||||||
| 13 | 100 feet of a school if: | ||||||
| 14 | (1) the school is a City of Chicago School District 299 | ||||||
| 15 | school; | ||||||
| 16 | (2) the school is located within subarea E of City of | ||||||
| 17 | Chicago Residential Business Planned Development Number | ||||||
| 18 | 70; | ||||||
| 19 | (3) the sale of alcoholic liquor is not the principal | ||||||
| 20 | business carried on by the licensee on the premises; | ||||||
| 21 | (4) the sale of alcoholic liquor at the premises is | ||||||
| 22 | incidental to the sale of food; and | ||||||
| 23 | (5) the administration of City of Chicago School | ||||||
| 24 | District 299 has expressed, in writing, its support for the | ||||||
| 25 | issuance of the license. | ||||||
| 26 | (o) Notwithstanding any provision of this Section to the | ||||||
| |||||||
| |||||||
| 1 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 2 | or renewal of a retail license authorizing the sale of | ||||||
| 3 | alcoholic liquor at a premises that is located within a | ||||||
| 4 | municipality in excess of 1,000,000 inhabitants and within 100 | ||||||
| 5 | feet of a church if: | ||||||
| 6 | (1) the sale of alcoholic liquor at the premises is | ||||||
| 7 | incidental to the sale of food; | ||||||
| 8 | (2) the sale of alcoholic liquor is not the principal | ||||||
| 9 | business carried on by the licensee at the premises; | ||||||
| 10 | (3) the premises is located on a street that runs | ||||||
| 11 | perpendicular to the street on which the church is located; | ||||||
| 12 | (4) the primary entrance of the premises is at least | ||||||
| 13 | 100 feet from the primary entrance of the church; | ||||||
| 14 | (5) the shortest distance between any part of the | ||||||
| 15 | premises and any part of the church is at least 60 feet; | ||||||
| 16 | (6) the premises is between 3,600 and 4,000 square feet | ||||||
| 17 | and sits on a lot that is between 3,600 and 4,000 square | ||||||
| 18 | feet; and | ||||||
| 19 | (7) the premises was built in the year 1909. | ||||||
| 20 | For purposes of this subsection (o), "premises" means a | ||||||
| 21 | place of business together with a privately owned outdoor | ||||||
| 22 | location that is adjacent to the place of business. | ||||||
| 23 | (p) Notwithstanding any provision in this Section to the | ||||||
| 24 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 25 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 26 | liquor at a premises that is located within a municipality with | ||||||
| |||||||
| |||||||
| 1 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 2 | feet of a church if: | ||||||
| 3 | (1) the shortest distance between the backdoor of the | ||||||
| 4 | premises, which is used as an emergency exit, and the | ||||||
| 5 | church is at least 80 feet; | ||||||
| 6 | (2) the church was established at the current location | ||||||
| 7 | in 1889; and | ||||||
| 8 | (3) liquor has been sold on the premises since at least | ||||||
| 9 | 1985. | ||||||
| 10 | (q) Notwithstanding any provision of this Section to the | ||||||
| 11 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 12 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 13 | liquor within a premises that is located in a municipality with | ||||||
| 14 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 15 | feet of a church-owned property if: | ||||||
| 16 | (1) the premises is located within a larger building | ||||||
| 17 | operated as a grocery store; | ||||||
| 18 | (2) the area of the premises does not exceed 720 square | ||||||
| 19 | feet and the area of the larger building exceeds 18,000 | ||||||
| 20 | square feet; | ||||||
| 21 | (3) the larger building containing the premises is | ||||||
| 22 | within 100 feet of the nearest property line of a | ||||||
| 23 | church-owned property on which a church-affiliated school | ||||||
| 24 | is located; | ||||||
| 25 | (4) the sale of liquor is not the principal business | ||||||
| 26 | carried on within the larger building; | ||||||
| |||||||
| |||||||
| 1 | (5) the primary entrance of the larger building and the | ||||||
| 2 | premises and the primary entrance of the church-affiliated | ||||||
| 3 | school are on different, parallel streets, and the distance | ||||||
| 4 | between the 2 primary entrances is more than 100 feet; | ||||||
| 5 | (6) the larger building is separated from the | ||||||
| 6 | church-owned property and church-affiliated school by an | ||||||
| 7 | alley; | ||||||
| 8 | (7) the larger building containing the premises and the | ||||||
| 9 | church building front are on perpendicular streets and are | ||||||
| 10 | separated by a street; and | ||||||
| 11 | (8) (Blank). | ||||||
| 12 | (r) Notwithstanding any provision of this Section to the | ||||||
| 13 | contrary, nothing in this Section shall prohibit the issuance, | ||||||
| 14 | renewal, or maintenance of a license authorizing the sale of | ||||||
| 15 | alcoholic liquor incidental to the sale of food within a | ||||||
| 16 | restaurant established in a premises that is located in a | ||||||
| 17 | municipality with a population in excess of 1,000,000 | ||||||
| 18 | inhabitants and within 100 feet of a church if: | ||||||
| 19 | (1) the primary entrance of the church and the primary | ||||||
| 20 | entrance of the restaurant are at least 100 feet apart; | ||||||
| 21 | (2) the restaurant has operated on the ground floor and | ||||||
| 22 | lower level of a multi-story, multi-use building for more | ||||||
| 23 | than 40 years; | ||||||
| 24 | (3) the primary business of the restaurant consists of | ||||||
| 25 | the sale of food where the sale of liquor is incidental to | ||||||
| 26 | the sale of food; | ||||||
| |||||||
| |||||||
| 1 | (4) the sale of alcoholic liquor is conducted primarily | ||||||
| 2 | in the below-grade level of the restaurant to which the | ||||||
| 3 | only public access is by a staircase located inside the | ||||||
| 4 | restaurant; and | ||||||
| 5 | (5) the restaurant has held a license authorizing the | ||||||
| 6 | sale of alcoholic liquor on the premises for more than 40 | ||||||
| 7 | years. | ||||||
| 8 | (s) Notwithstanding any provision of this Section to the | ||||||
| 9 | contrary, nothing in this Section shall prohibit renewal of a | ||||||
| 10 | license authorizing the sale of alcoholic liquor at a premises | ||||||
| 11 | that is located within a municipality with a population more | ||||||
| 12 | than 5,000 and less than 10,000 and is within 100 feet of a | ||||||
| 13 | church if: | ||||||
| 14 | (1) the church was established at the location within | ||||||
| 15 | 100 feet of the premises after a license for the sale of | ||||||
| 16 | alcoholic liquor at the premises was first issued; | ||||||
| 17 | (2) a license for sale of alcoholic liquor at the | ||||||
| 18 | premises was first issued before January 1, 2007; and | ||||||
| 19 | (3) a license for the sale of alcoholic liquor on the | ||||||
| 20 | premises has been continuously in effect since January 1, | ||||||
| 21 | 2007, except for interruptions between licenses of no more | ||||||
| 22 | than 90 days. | ||||||
| 23 | (t) Notwithstanding any provision of this Section to the | ||||||
| 24 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 25 | or renewal of a
license authorizing the sale of alcoholic | ||||||
| 26 | liquor
incidental to the sale of food within a restaurant that | ||||||
| |||||||
| |||||||
| 1 | is established in a premises that is located in a municipality | ||||||
| 2 | with a population in excess of 1,000,000 inhabitants and within | ||||||
| 3 | 100 feet of a school and a church if: | ||||||
| 4 | (1) the restaurant is located inside a five-story | ||||||
| 5 | building with over 16,800 square feet of commercial space; | ||||||
| 6 | (2) the area of the premises does not exceed 31,050 | ||||||
| 7 | square feet; | ||||||
| 8 | (3) the area of the restaurant does not exceed 5,800 | ||||||
| 9 | square feet; | ||||||
| 10 | (4) the building has no less than 78 condominium units; | ||||||
| 11 | (5) the construction of the building in which the | ||||||
| 12 | restaurant is located was completed in 2006; | ||||||
| 13 | (6) the building has 10 storefront properties, 3 of | ||||||
| 14 | which are used for the restaurant; | ||||||
| 15 | (7) the restaurant will open for business in 2010; | ||||||
| 16 | (8) the building is north of the school and separated | ||||||
| 17 | by an alley; and | ||||||
| 18 | (9) the principal religious leader of the church and | ||||||
| 19 | either the alderman of the ward in which the school is | ||||||
| 20 | located or the principal of the school have delivered a | ||||||
| 21 | written statement to the local liquor control commissioner | ||||||
| 22 | stating that he or she does not object to the issuance of a | ||||||
| 23 | license under this subsection (t). | ||||||
| 24 | (u) Notwithstanding any provision in this Section to the | ||||||
| 25 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 26 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
| |||||||
| |||||||
| 1 | that is located within a municipality with a population in | ||||||
| 2 | excess of 1,000,000 inhabitants and within 100 feet of a school | ||||||
| 3 | if: | ||||||
| 4 | (1) the premises operates as a restaurant and has been | ||||||
| 5 | in operation since February 2008; | ||||||
| 6 | (2) the applicant is the owner of the premises; | ||||||
| 7 | (3) the sale of alcoholic liquor is incidental to the | ||||||
| 8 | sale of food; | ||||||
| 9 | (4) the sale of alcoholic liquor is not the principal | ||||||
| 10 | business carried on by the licensee on the premises; | ||||||
| 11 | (5) the premises occupy the first floor of a 3-story | ||||||
| 12 | building that is at least 90 years old; | ||||||
| 13 | (6) the rear lot of the school and the rear corner of | ||||||
| 14 | the building that the premises occupy are separated by an | ||||||
| 15 | alley; | ||||||
| 16 | (7) the distance from the southwest corner of the | ||||||
| 17 | property line of the school and the northeast corner of the | ||||||
| 18 | building that the premises occupy is at least 16 feet, 5 | ||||||
| 19 | inches; | ||||||
| 20 | (8) the distance from the rear door of the premises to | ||||||
| 21 | the southwest corner of the property line of the school is | ||||||
| 22 | at least 93 feet; | ||||||
| 23 | (9) the school is a City of Chicago School District 299 | ||||||
| 24 | school; | ||||||
| 25 | (10) the school's main structure was erected in 1902 | ||||||
| 26 | and an addition was built to the main structure in 1959; | ||||||
| |||||||
| |||||||
| 1 | and | ||||||
| 2 | (11) the principal of the school and the alderman in | ||||||
| 3 | whose district the premises are located have expressed, in | ||||||
| 4 | writing, their support for the issuance of the license. | ||||||
| 5 | (v) Notwithstanding any provision in this Section to the | ||||||
| 6 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 7 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 8 | liquor at a premises that is located within a municipality with | ||||||
| 9 | a population in excess of 1,000,000 inhabitants and is within | ||||||
| 10 | 100 feet of a school if: | ||||||
| 11 | (1) the total land area of the premises for which the | ||||||
| 12 | license or renewal is sought is more than 600,000 square | ||||||
| 13 | feet; | ||||||
| 14 | (2) the premises for which the license or renewal is | ||||||
| 15 | sought has more than 600 parking stalls; | ||||||
| 16 | (3) the total area of all buildings on the premises for | ||||||
| 17 | which the license or renewal is sought exceeds 140,000 | ||||||
| 18 | square feet; | ||||||
| 19 | (4) the property line of the premises for which the | ||||||
| 20 | license or renewal is sought is separated from the property | ||||||
| 21 | line of the school by a street; | ||||||
| 22 | (5) the distance from the school's property line to the | ||||||
| 23 | property line of the premises for which the license or | ||||||
| 24 | renewal is sought is at least 60 feet; | ||||||
| 25 | (6) as of June 14, 2011 (the effective date of Public | ||||||
| 26 | Act 97-9), the premises for which the license or renewal is | ||||||
| |||||||
| |||||||
| 1 | sought is located in the Illinois Medical District. | ||||||
| 2 | (w) Notwithstanding any provision in this Section to the | ||||||
| 3 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 4 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
| 5 | that is located within a municipality with a population in | ||||||
| 6 | excess of 1,000,000 inhabitants and within 100 feet of a church | ||||||
| 7 | if: | ||||||
| 8 | (1) the sale of alcoholic liquor at the premises is | ||||||
| 9 | incidental to the sale of food; | ||||||
| 10 | (2) the sale of alcoholic liquor is not the principal
| ||||||
| 11 | business carried on by the licensee at the premises; | ||||||
| 12 | (3) the premises occupy the first floor and basement of | ||||||
| 13 | a 2-story building that is 106 years old; | ||||||
| 14 | (4) the premises is at least 7,000 square feet and | ||||||
| 15 | located on a lot that is at least 11,000 square feet; | ||||||
| 16 | (5) the premises is located directly west of the | ||||||
| 17 | church, on perpendicular streets, and separated by an | ||||||
| 18 | alley; | ||||||
| 19 | (6) the distance between the
property line of the | ||||||
| 20 | premises and the property line of the church is at least 20 | ||||||
| 21 | feet; | ||||||
| 22 | (7) the distance between the primary entrance of the | ||||||
| 23 | premises and the primary entrance of the church is at least | ||||||
| 24 | 130 feet; and | ||||||
| 25 | (8) the church has been at its location for at least 40 | ||||||
| 26 | years. | ||||||
| |||||||
| |||||||
| 1 | (x) Notwithstanding any provision of this Section to the | ||||||
| 2 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 3 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 4 | liquor at a premises that is located within a municipality with | ||||||
| 5 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 6 | feet of a church if: | ||||||
| 7 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 8 | business carried on by the licensee at the premises; | ||||||
| 9 | (2) the church has been operating in its current | ||||||
| 10 | location since 1973; | ||||||
| 11 | (3) the premises has been operating in its current | ||||||
| 12 | location since 1988; | ||||||
| 13 | (4) the church and the premises are owned by the same | ||||||
| 14 | parish; | ||||||
| 15 | (5) the premises is used for cultural and educational | ||||||
| 16 | purposes; | ||||||
| 17 | (6) the primary entrance to the premises and the | ||||||
| 18 | primary entrance to the church are located on the same | ||||||
| 19 | street; | ||||||
| 20 | (7) the principal religious leader of the church has | ||||||
| 21 | indicated his support of the issuance of the license; | ||||||
| 22 | (8) the premises is a 2-story building of approximately | ||||||
| 23 | 23,000 square feet; and | ||||||
| 24 | (9) the premises houses a ballroom on its ground floor | ||||||
| 25 | of approximately 5,000 square feet. | ||||||
| 26 | (y) Notwithstanding any provision of this Section to the | ||||||
| |||||||
| |||||||
| 1 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 2 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 3 | liquor at a premises that is located within a municipality with | ||||||
| 4 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 5 | feet of a school if: | ||||||
| 6 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 7 | business carried on by the licensee at the premises; | ||||||
| 8 | (2) the sale of alcoholic liquor at the premises is | ||||||
| 9 | incidental to the sale of food; | ||||||
| 10 | (3) according to the municipality, the distance | ||||||
| 11 | between the east property line of the premises and the west | ||||||
| 12 | property line of the school is 97.8 feet; | ||||||
| 13 | (4) the school is a City of Chicago School District 299 | ||||||
| 14 | school; | ||||||
| 15 | (5) the school has been operating since 1959; | ||||||
| 16 | (6) the primary entrance to the premises and the | ||||||
| 17 | primary entrance to the school are located on the same | ||||||
| 18 | street; | ||||||
| 19 | (7) the street on which the entrances of the premises | ||||||
| 20 | and the school are located is a major diagonal | ||||||
| 21 | thoroughfare; | ||||||
| 22 | (8) the premises is a single-story building of | ||||||
| 23 | approximately 2,900 square feet; and | ||||||
| 24 | (9) the premises is used for commercial purposes only. | ||||||
| 25 | (z) Notwithstanding any provision of this Section to the | ||||||
| 26 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| |||||||
| |||||||
| 1 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 2 | liquor at a premises that is located within a municipality with | ||||||
| 3 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 4 | feet of a mosque if: | ||||||
| 5 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 6 | business carried on by the licensee at the premises; | ||||||
| 7 | (2) the licensee shall only sell packaged liquors at | ||||||
| 8 | the premises; | ||||||
| 9 | (3) the licensee is a national retail chain having over | ||||||
| 10 | 100 locations within the municipality; | ||||||
| 11 | (4) the licensee has over 8,000 locations nationwide; | ||||||
| 12 | (5) the licensee has locations in all 50 states; | ||||||
| 13 | (6) the premises is located in the North-East quadrant | ||||||
| 14 | of the municipality; | ||||||
| 15 | (7) the premises is a free-standing building that has | ||||||
| 16 | "drive-through" pharmacy service; | ||||||
| 17 | (8) the premises has approximately 14,490 square feet | ||||||
| 18 | of retail space; | ||||||
| 19 | (9) the premises has approximately 799 square feet of | ||||||
| 20 | pharmacy space; | ||||||
| 21 | (10) the premises is located on a major arterial street | ||||||
| 22 | that runs east-west and accepts truck traffic; and | ||||||
| 23 | (11) the alderman of the ward in which the premises is | ||||||
| 24 | located has expressed, in writing, his or her support for | ||||||
| 25 | the issuance of the license. | ||||||
| 26 | (aa) Notwithstanding any provision of this Section to the | ||||||
| |||||||
| |||||||
| 1 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 2 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 3 | liquor at a premises that is located within a municipality with | ||||||
| 4 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 5 | feet of a church if: | ||||||
| 6 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 7 | business carried on by the licensee at the premises; | ||||||
| 8 | (2) the licensee shall only sell packaged liquors at | ||||||
| 9 | the premises; | ||||||
| 10 | (3) the licensee is a national retail chain having over | ||||||
| 11 | 100 locations within the municipality; | ||||||
| 12 | (4) the licensee has over 8,000 locations nationwide; | ||||||
| 13 | (5) the licensee has locations in all 50 states; | ||||||
| 14 | (6) the premises is located in the North-East quadrant | ||||||
| 15 | of the municipality; | ||||||
| 16 | (7) the premises is located across the street from a | ||||||
| 17 | national grocery chain outlet; | ||||||
| 18 | (8) the premises has approximately 16,148 square feet | ||||||
| 19 | of retail space; | ||||||
| 20 | (9) the premises has approximately 992 square feet of | ||||||
| 21 | pharmacy space; | ||||||
| 22 | (10) the premises is located on a major arterial street | ||||||
| 23 | that runs north-south and accepts truck traffic; and | ||||||
| 24 | (11) the alderman of the ward in which the premises is | ||||||
| 25 | located has expressed, in writing, his or her support for | ||||||
| 26 | the issuance of the license. | ||||||
| |||||||
| |||||||
| 1 | (bb) Notwithstanding any provision of this Section to the | ||||||
| 2 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 3 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 4 | liquor at a premises that is located within a municipality with | ||||||
| 5 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 6 | feet of a church if: | ||||||
| 7 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 8 | business carried on by the licensee at the premises; | ||||||
| 9 | (2) the sale of alcoholic liquor at the premises is | ||||||
| 10 | incidental to the sale of food; | ||||||
| 11 | (3) the primary entrance to the premises and the | ||||||
| 12 | primary entrance to the church are located on the same | ||||||
| 13 | street; | ||||||
| 14 | (4) the premises is across the street from the church; | ||||||
| 15 | (5) the street on which the premises and the church are | ||||||
| 16 | located is a major arterial street that runs east-west; | ||||||
| 17 | (6) the church is an elder-led and Bible-based Assyrian | ||||||
| 18 | church; | ||||||
| 19 | (7) the premises and the church are both single-story | ||||||
| 20 | buildings; | ||||||
| 21 | (8) the storefront directly west of the church is being | ||||||
| 22 | used as a restaurant; and | ||||||
| 23 | (9) the distance between the northern-most property | ||||||
| 24 | line of the premises and the southern-most property line of | ||||||
| 25 | the church is 65 feet. | ||||||
| 26 | (cc) Notwithstanding any provision of this Section to the | ||||||
| |||||||
| |||||||
| 1 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 2 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 3 | liquor at a premises that is located within a municipality with | ||||||
| 4 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 5 | feet of a school if: | ||||||
| 6 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 7 | business carried on by the licensee at the premises; | ||||||
| 8 | (2) the licensee shall only sell packaged liquors at | ||||||
| 9 | the premises; | ||||||
| 10 | (3) the licensee is a national retail chain; | ||||||
| 11 | (4) as of October 25, 2011, the licensee has 1,767 | ||||||
| 12 | stores operating nationwide, 87 stores operating in the | ||||||
| 13 | State, and 10 stores operating within the municipality; | ||||||
| 14 | (5) the licensee shall occupy approximately 124,000 | ||||||
| 15 | square feet of space in the basement and first and second | ||||||
| 16 | floors of a building located across the street from a | ||||||
| 17 | school; | ||||||
| 18 | (6) the school opened in August of 2009 and occupies | ||||||
| 19 | approximately 67,000 square feet of space; and | ||||||
| 20 | (7) the building in which the premises shall be located | ||||||
| 21 | has been listed on the National Register of Historic Places | ||||||
| 22 | since April 17, 1970. | ||||||
| 23 | (dd) Notwithstanding any provision in this Section to the | ||||||
| 24 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 25 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 26 | liquor within a full-service grocery store at a premises that | ||||||
| |||||||
| |||||||
| 1 | is located within a municipality with a population in excess of | ||||||
| 2 | 1,000,000 inhabitants and is within 100 feet of a school if: | ||||||
| 3 | (1) the premises is constructed on land that was | ||||||
| 4 | purchased from the municipality at a fair market price; | ||||||
| 5 | (2) the premises is constructed on land that was | ||||||
| 6 | previously used as a parking facility for public safety | ||||||
| 7 | employees; | ||||||
| 8 | (3) the sale of alcoholic liquor is not the principal | ||||||
| 9 | business carried on by the licensee at the premises; | ||||||
| 10 | (4) the main entrance to the store is more than 100 | ||||||
| 11 | feet from the main entrance to the school; | ||||||
| 12 | (5) the premises is to be new construction; | ||||||
| 13 | (6) the school is a private school; | ||||||
| 14 | (7) the principal of the school has given written | ||||||
| 15 | approval for the license; | ||||||
| 16 | (8) the alderman of the ward where the premises is | ||||||
| 17 | located has given written approval of the issuance of the | ||||||
| 18 | license; | ||||||
| 19 | (9) the grocery store level of the premises is between | ||||||
| 20 | 60,000 and 70,000 square feet; and | ||||||
| 21 | (10) the owner and operator of the grocery store | ||||||
| 22 | operates 2 other grocery stores that have alcoholic liquor | ||||||
| 23 | licenses within the same municipality. | ||||||
| 24 | (ee) Notwithstanding any provision in this Section to the | ||||||
| 25 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 26 | or renewal of a license authorizing the sale of alcoholic | ||||||
| |||||||
| |||||||
| 1 | liquor within a full-service grocery store at a premises that | ||||||
| 2 | is located within a municipality with a population in excess of | ||||||
| 3 | 1,000,000 inhabitants and is within 100 feet of a school if: | ||||||
| 4 | (1) the premises is constructed on land that once | ||||||
| 5 | contained an industrial steel facility; | ||||||
| 6 | (2) the premises is located on land that has undergone | ||||||
| 7 | environmental remediation; | ||||||
| 8 | (3) the premises is located within a retail complex | ||||||
| 9 | containing retail stores where some of the stores sell | ||||||
| 10 | alcoholic beverages; | ||||||
| 11 | (4) the principal activity of any restaurant in the | ||||||
| 12 | retail complex is the sale of food, and the sale of | ||||||
| 13 | alcoholic liquor is incidental to the sale of food; | ||||||
| 14 | (5) the sale of alcoholic liquor is not the principal | ||||||
| 15 | business carried on by the grocery store; | ||||||
| 16 | (6) the entrance to any business that sells alcoholic | ||||||
| 17 | liquor is more than 100 feet from the entrance to the | ||||||
| 18 | school; | ||||||
| 19 | (7) the alderman of the ward where the premises is | ||||||
| 20 | located has given written approval of the issuance of the | ||||||
| 21 | license; and | ||||||
| 22 | (8) the principal of the school has given written | ||||||
| 23 | consent to the issuance of the license. | ||||||
| 24 | (ff) Notwithstanding any provision of this Section to the | ||||||
| 25 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 26 | or renewal of a license authorizing the sale of alcoholic | ||||||
| |||||||
| |||||||
| 1 | liquor at a premises that is located within a municipality with | ||||||
| 2 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 3 | feet of a school if: | ||||||
| 4 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 5 | business carried on at the premises; | ||||||
| 6 | (2) the sale of alcoholic liquor at the premises is | ||||||
| 7 | incidental to the operation of a theater; | ||||||
| 8 | (3) the premises is a one and one-half-story building | ||||||
| 9 | of approximately 10,000 square feet; | ||||||
| 10 | (4) the school is a City of Chicago School District 299 | ||||||
| 11 | school; | ||||||
| 12 | (5) the primary entrance of the premises and the | ||||||
| 13 | primary entrance of the school are at least 300 feet apart | ||||||
| 14 | and no more than 400 feet apart; | ||||||
| 15 | (6) the alderman of the ward in which the premises is | ||||||
| 16 | located has expressed, in writing, his support for the | ||||||
| 17 | issuance of the license; and | ||||||
| 18 | (7) the principal of the school has expressed, in | ||||||
| 19 | writing, that there is no objection to the issuance of a | ||||||
| 20 | license under this subsection (ff). | ||||||
| 21 | (gg) Notwithstanding any provision of this Section to the | ||||||
| 22 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 23 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 24 | liquor incidental to the sale of food within a restaurant or | ||||||
| 25 | banquet facility established in a premises that is located in a | ||||||
| 26 | municipality with a population in excess of 1,000,000 | ||||||
| |||||||
| |||||||
| 1 | inhabitants and within 100 feet of a church if: | ||||||
| 2 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 3 | business carried on by the licensee at the premises; | ||||||
| 4 | (2) the property on which the church is located and the | ||||||
| 5 | property on which the premises are located are both within | ||||||
| 6 | a district originally listed on the National Register of | ||||||
| 7 | Historic Places on February 14, 1979; | ||||||
| 8 | (3) the property on which the premises are located | ||||||
| 9 | contains one or more multi-story buildings that are at | ||||||
| 10 | least 95 years old and have no more than three stories; | ||||||
| 11 | (4) the building in which the church is located is at | ||||||
| 12 | least 120 years old; | ||||||
| 13 | (5) the property on which the church is located is | ||||||
| 14 | immediately adjacent to and west of the property on which | ||||||
| 15 | the premises are located; | ||||||
| 16 | (6) the western boundary of the property on which the | ||||||
| 17 | premises are located is no less than 118 feet in length and | ||||||
| 18 | no more than 122 feet in length; | ||||||
| 19 | (7) as of December 31, 2012, both the church property | ||||||
| 20 | and the property on which the premises are located are | ||||||
| 21 | within 250 feet of City of Chicago Business-Residential | ||||||
| 22 | Planned Development Number 38; | ||||||
| 23 | (8) the principal religious leader at the place of | ||||||
| 24 | worship has indicated his or her support for the issuance | ||||||
| 25 | of the license in writing; and | ||||||
| 26 | (9) the alderman in whose district the premises are | ||||||
| |||||||
| |||||||
| 1 | located has expressed his or her support for the issuance | ||||||
| 2 | of the license in writing. | ||||||
| 3 | For the purposes of this subsection, "banquet facility" | ||||||
| 4 | means the part of the building that is located on the floor | ||||||
| 5 | above a restaurant and caters to private parties and where the | ||||||
| 6 | sale of alcoholic liquors is not the principal business. | ||||||
| 7 | (hh) Notwithstanding any provision of this Section to the | ||||||
| 8 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 9 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 10 | liquor within a hotel and at an outdoor patio area attached to | ||||||
| 11 | the hotel that are located in a municipality with a population | ||||||
| 12 | in excess of 1,000,000 inhabitants and that are within 100 feet | ||||||
| 13 | of a hospital if: | ||||||
| 14 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 15 | business carried on by the licensee at the hotel; | ||||||
| 16 | (2) the hotel is located within the City of Chicago | ||||||
| 17 | Business Planned Development Number 468; and | ||||||
| 18 | (3) the hospital is located within the City of Chicago | ||||||
| 19 | Institutional Planned Development Number 3. | ||||||
| 20 | (ii) Notwithstanding any provision of this Section to the | ||||||
| 21 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 22 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 23 | liquor within a restaurant and at an outdoor patio area | ||||||
| 24 | attached to the restaurant that are located in a municipality | ||||||
| 25 | with a population in excess of 1,000,000 inhabitants and that | ||||||
| 26 | are within 100 feet of a church if: | ||||||
| |||||||
| |||||||
| 1 | (1) the sale of alcoholic liquor at the premises is not | ||||||
| 2 | the principal business carried on by the licensee and is | ||||||
| 3 | incidental to the sale of food; | ||||||
| 4 | (2) the restaurant has been operated on the street | ||||||
| 5 | level of a 2-story building located on a corner lot since | ||||||
| 6 | 2008; | ||||||
| 7 | (3) the restaurant is between 3,700 and 4,000 square | ||||||
| 8 | feet and sits on a lot that is no more than 6,200 square | ||||||
| 9 | feet; | ||||||
| 10 | (4) the primary entrance to the restaurant and the | ||||||
| 11 | primary entrance to the church are located on the same | ||||||
| 12 | street; | ||||||
| 13 | (5) the street on which the restaurant and the church | ||||||
| 14 | are located is a major east-west street; | ||||||
| 15 | (6) the restaurant and the church are separated by a | ||||||
| 16 | one-way northbound street; | ||||||
| 17 | (7) the church is located to the west of and no more | ||||||
| 18 | than 65 feet from the restaurant; and | ||||||
| 19 | (8) the principal religious leader at the place of | ||||||
| 20 | worship has indicated his or her consent to the issuance of | ||||||
| 21 | the license in writing. | ||||||
| 22 | (jj) Notwithstanding any provision of this Section to the | ||||||
| 23 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 24 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 25 | liquor at premises located within a municipality with a | ||||||
| 26 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| |||||||
| |||||||
| 1 | feet of a church if: | ||||||
| 2 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 3 | business carried on by the licensee at the premises; | ||||||
| 4 | (2) the sale of alcoholic liquor is incidental to the | ||||||
| 5 | sale of food; | ||||||
| 6 | (3) the premises are located east of the church, on | ||||||
| 7 | perpendicular streets, and separated by an alley; | ||||||
| 8 | (4) the distance between the primary entrance of the | ||||||
| 9 | premises and the primary entrance of the church is at least | ||||||
| 10 | 175 feet; | ||||||
| 11 | (5) the distance between the property line of the | ||||||
| 12 | premises and the property line of the church is at least 40 | ||||||
| 13 | feet; | ||||||
| 14 | (6) the licensee has been operating at the premises | ||||||
| 15 | since 2012; | ||||||
| 16 | (7) the church was constructed in 1904; | ||||||
| 17 | (8) the alderman of the ward in which the premises is | ||||||
| 18 | located has expressed, in writing, his or her support for | ||||||
| 19 | the issuance of the license; and | ||||||
| 20 | (9) the principal religious leader of the church has | ||||||
| 21 | delivered a written statement that he or she does not | ||||||
| 22 | object to the issuance of a license under this subsection | ||||||
| 23 | (jj). | ||||||
| 24 | (kk) Notwithstanding any provision of this Section to the | ||||||
| 25 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 26 | or renewal of a license authorizing the sale of alcoholic | ||||||
| |||||||
| |||||||
| 1 | liquor at a premises that is located within a municipality with | ||||||
| 2 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 3 | feet of a school if: | ||||||
| 4 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 5 | business carried on by the licensee at the premises; | ||||||
| 6 | (2) the licensee shall only sell packaged liquors on | ||||||
| 7 | the premises; | ||||||
| 8 | (3) the licensee is a national retail chain; | ||||||
| 9 | (4) as of February 27, 2013, the licensee had 1,778 | ||||||
| 10 | stores operating nationwide, 89 operating in this State, | ||||||
| 11 | and 11 stores operating within the municipality; | ||||||
| 12 | (5) the licensee shall occupy approximately 169,048 | ||||||
| 13 | square feet of space within a building that is located | ||||||
| 14 | across the street from a tuition-based preschool; and | ||||||
| 15 | (6) the alderman of the ward in which the premises is | ||||||
| 16 | located has expressed, in writing, his or her support for | ||||||
| 17 | the issuance of the license. | ||||||
| 18 | (ll) Notwithstanding any provision of this Section to the | ||||||
| 19 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 20 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 21 | liquor at a premises that is located within a municipality with | ||||||
| 22 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 23 | feet of a school if: | ||||||
| 24 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 25 | business carried on by the licensee at the premises; | ||||||
| 26 | (2) the licensee shall only sell packaged liquors on | ||||||
| |||||||
| |||||||
| 1 | the premises; | ||||||
| 2 | (3) the licensee is a national retail chain; | ||||||
| 3 | (4) as of February 27, 2013, the licensee had 1,778 | ||||||
| 4 | stores operating nationwide, 89 operating in this State, | ||||||
| 5 | and 11 stores operating within the municipality; | ||||||
| 6 | (5) the licensee shall occupy approximately 191,535 | ||||||
| 7 | square feet of space within a building that is located | ||||||
| 8 | across the street from an elementary school; and | ||||||
| 9 | (6) the alderman of the ward in which the premises is | ||||||
| 10 | located has expressed, in writing, his or her support for | ||||||
| 11 | the issuance of the license. | ||||||
| 12 | (mm) Notwithstanding any provision of this Section to the | ||||||
| 13 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 14 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 15 | liquor within premises and at an outdoor patio or sidewalk | ||||||
| 16 | cafe, or both, attached to premises that are located in a | ||||||
| 17 | municipality with a population in excess of 1,000,000 | ||||||
| 18 | inhabitants and that are within 100 feet of a hospital if: | ||||||
| 19 | (1) the primary business of the restaurant consists of | ||||||
| 20 | the sale of food where the sale of liquor is incidental to | ||||||
| 21 | the sale of food; | ||||||
| 22 | (2) as a restaurant, the premises may or may not offer | ||||||
| 23 | catering as an incidental part of food service; | ||||||
| 24 | (3) the primary business of the restaurant is conducted | ||||||
| 25 | in space owned by a hospital or an entity owned or | ||||||
| 26 | controlled by, under common control with, or that controls | ||||||
| |||||||
| |||||||
| 1 | a hospital, and the chief hospital administrator has | ||||||
| 2 | expressed his or her support for the issuance of the | ||||||
| 3 | license in writing; and | ||||||
| 4 | (4) the hospital is an adult acute care facility | ||||||
| 5 | primarily located within the City of Chicago Institutional | ||||||
| 6 | Planned Development Number 3. | ||||||
| 7 | (nn) Notwithstanding any provision of this Section to the | ||||||
| 8 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 9 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 10 | liquor at a premises that is located within a municipality with | ||||||
| 11 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 12 | feet of a church if: | ||||||
| 13 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 14 | business carried out on the premises; | ||||||
| 15 | (2) the sale of alcoholic liquor at the premises is | ||||||
| 16 | incidental to the operation of a theater; | ||||||
| 17 | (3) the premises are a building that was constructed in | ||||||
| 18 | 1913 and opened on May 24, 1915 as a vaudeville theater, | ||||||
| 19 | and the premises were converted to a motion picture theater | ||||||
| 20 | in 1935; | ||||||
| 21 | (4) the church was constructed in 1889 with a stone | ||||||
| 22 | exterior; | ||||||
| 23 | (5) the primary entrance of the premises and the | ||||||
| 24 | primary entrance of the church are at least 100 feet apart; | ||||||
| 25 | and | ||||||
| 26 | (6) the principal religious leader at the place of | ||||||
| |||||||
| |||||||
| 1 | worship has indicated his or her consent to the issuance of | ||||||
| 2 | the license in writing; and | ||||||
| 3 | (7) the alderman in whose ward the premises are located | ||||||
| 4 | has expressed his or her support for the issuance of the | ||||||
| 5 | license in writing. | ||||||
| 6 | (oo) Notwithstanding any provision of this Section to the | ||||||
| 7 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 8 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 9 | liquor at a premises that is located within a municipality with | ||||||
| 10 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 11 | feet of a mosque, church, or other place of worship if: | ||||||
| 12 | (1) the primary entrance of the premises and the | ||||||
| 13 | primary entrance of the mosque, church, or other place of | ||||||
| 14 | worship are perpendicular and are on different streets; | ||||||
| 15 | (2) the primary entrance to the premises faces West and | ||||||
| 16 | the primary entrance to the mosque, church, or other place | ||||||
| 17 | of worship faces South; | ||||||
| 18 | (3) the distance between the 2 primary entrances is at | ||||||
| 19 | least 100 feet; | ||||||
| 20 | (4) the mosque, church, or other place of worship was | ||||||
| 21 | established in a location within 100 feet of the premises | ||||||
| 22 | after a license for the sale of alcohol at the premises was | ||||||
| 23 | first issued; | ||||||
| 24 | (5) the mosque, church, or other place of worship was | ||||||
| 25 | established on or around January 1, 2011; | ||||||
| 26 | (6) a license for the sale of alcohol at the premises | ||||||
| |||||||
| |||||||
| 1 | was first issued on or before January 1, 1985; | ||||||
| 2 | (7) a license for the sale of alcohol at the premises | ||||||
| 3 | has been continuously in effect since January 1, 1985, | ||||||
| 4 | except for interruptions between licenses of no more than | ||||||
| 5 | 90 days; and | ||||||
| 6 | (8) the premises are a single-story, single-use | ||||||
| 7 | building of at least 3,000 square feet and no more than | ||||||
| 8 | 3,380 square feet. | ||||||
| 9 | (pp) Notwithstanding any provision of this Section to the | ||||||
| 10 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 11 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 12 | liquor incidental to the sale of food within a restaurant or | ||||||
| 13 | banquet facility established on premises that are located in a | ||||||
| 14 | municipality with a population in excess of 1,000,000 | ||||||
| 15 | inhabitants and within 100 feet of at least one church if: | ||||||
| 16 | (1) the sale of liquor shall not be the principal | ||||||
| 17 | business carried on by the licensee at the premises; | ||||||
| 18 | (2) the premises are at least 2,000 square feet and no | ||||||
| 19 | more than 10,000 square feet and is located in a | ||||||
| 20 | single-story building; | ||||||
| 21 | (3) the property on which the premises are located is | ||||||
| 22 | within an area that, as of 2009, was designated as a | ||||||
| 23 | Renewal Community by the United States Department of | ||||||
| 24 | Housing and Urban Development; | ||||||
| 25 | (4) the property on which the premises are located and | ||||||
| 26 | the properties on which the churches are located are on the | ||||||
| |||||||
| |||||||
| 1 | same street; | ||||||
| 2 | (5) the property on which the premises are located is | ||||||
| 3 | immediately adjacent to and east of the property on which | ||||||
| 4 | at least one of the churches is located; | ||||||
| 5 | (6) the property on which the premises are located is | ||||||
| 6 | across the street and southwest of the property on which | ||||||
| 7 | another church is located; | ||||||
| 8 | (7) the principal religious leaders of the churches | ||||||
| 9 | have indicated their support for the issuance of the | ||||||
| 10 | license in writing; and | ||||||
| 11 | (8) the alderman in whose ward the premises are located | ||||||
| 12 | has expressed his or her support for the issuance of the | ||||||
| 13 | license in writing. | ||||||
| 14 | For purposes of this subsection (pp), "banquet facility" | ||||||
| 15 | means the part of the building that caters to private parties | ||||||
| 16 | and where the sale of alcoholic liquors is not the principal | ||||||
| 17 | business. | ||||||
| 18 | (qq) Notwithstanding any provision of this Section to the | ||||||
| 19 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 20 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 21 | liquor on premises that are located within a municipality with | ||||||
| 22 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 23 | feet of a church or school if: | ||||||
| 24 | (1) the primary entrance of the premises and the | ||||||
| 25 | closest entrance of the church or school are at least 200 | ||||||
| 26 | feet apart and no greater than 300 feet apart; | ||||||
| |||||||
| |||||||
| 1 | (2) the shortest distance between the premises and the | ||||||
| 2 | church or school is at least 66 feet apart and no greater | ||||||
| 3 | than 81 feet apart; | ||||||
| 4 | (3) the premises are a single-story, steel-framed | ||||||
| 5 | commercial building with at least 18,042 square feet, and | ||||||
| 6 | was constructed in 1925 and 1997; | ||||||
| 7 | (4) the owner of the business operated within the | ||||||
| 8 | premises has been the general manager of a similar | ||||||
| 9 | supermarket within one mile from the premises, which has | ||||||
| 10 | had a valid license authorizing the sale of alcoholic | ||||||
| 11 | liquor since 2002, and is in good standing with the City of | ||||||
| 12 | Chicago; | ||||||
| 13 | (5) the principal religious leader at the place of | ||||||
| 14 | worship has indicated his or her support to the issuance or | ||||||
| 15 | renewal of the license in writing; | ||||||
| 16 | (6) the alderman of the ward has indicated his or her | ||||||
| 17 | support to the issuance or renewal of the license in | ||||||
| 18 | writing; and | ||||||
| 19 | (7) the principal of the school has indicated his or | ||||||
| 20 | her support to the issuance or renewal of the license in | ||||||
| 21 | writing. | ||||||
| 22 | (rr) Notwithstanding any provision of this Section to the | ||||||
| 23 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 24 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 25 | liquor at premises located within a municipality with a | ||||||
| 26 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| |||||||
| |||||||
| 1 | feet of a club that leases space to a school if: | ||||||
| 2 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 3 | business carried out on the premises; | ||||||
| 4 | (2) the sale of alcoholic liquor at the premises is | ||||||
| 5 | incidental to the operation of a grocery store; | ||||||
| 6 | (3) the premises are a building of approximately 1,750 | ||||||
| 7 | square feet and is rented by the owners of the grocery | ||||||
| 8 | store from a family member; | ||||||
| 9 | (4) the property line of the premises is approximately | ||||||
| 10 | 68 feet from the property line of the club; | ||||||
| 11 | (5) the primary entrance of the premises and the | ||||||
| 12 | primary entrance of the club where the school leases space | ||||||
| 13 | are at least 100 feet apart; | ||||||
| 14 | (6) the director of the club renting space to the | ||||||
| 15 | school has indicated his or her consent to the issuance of | ||||||
| 16 | the license in writing; and | ||||||
| 17 | (7) the alderman in whose district the premises are | ||||||
| 18 | located has expressed his or her support for the issuance | ||||||
| 19 | of the license in writing. | ||||||
| 20 | (ss) Notwithstanding any provision of this Section to the | ||||||
| 21 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 22 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 23 | liquor at premises located within a municipality with a | ||||||
| 24 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 25 | feet of a church if: | ||||||
| 26 | (1) the premises are located within a 15 unit building | ||||||
| |||||||
| |||||||
| 1 | with 13 residential apartments and 2 commercial spaces, and | ||||||
| 2 | the licensee will occupy both commercial spaces; | ||||||
| 3 | (2) a restaurant has been operated on the premises | ||||||
| 4 | since June 2011; | ||||||
| 5 | (3) the restaurant currently occupies 1,075 square | ||||||
| 6 | feet, but will be expanding to include 975 additional | ||||||
| 7 | square feet; | ||||||
| 8 | (4) the sale of alcoholic liquor is not the principal | ||||||
| 9 | business carried on by the licensee at the premises; | ||||||
| 10 | (5) the premises are located south of the church and on | ||||||
| 11 | the same street and are separated by a one-way westbound | ||||||
| 12 | street; | ||||||
| 13 | (6) the primary entrance of the premises is at least 93 | ||||||
| 14 | feet from the primary entrance of the church; | ||||||
| 15 | (7) the shortest distance between any part of the | ||||||
| 16 | premises and any part of the church is at least 72 feet; | ||||||
| 17 | (8) the building in which the restaurant is located was | ||||||
| 18 | built in 1910; | ||||||
| 19 | (9) the alderman of the ward in which the premises are | ||||||
| 20 | located has expressed, in writing, his or her support for | ||||||
| 21 | the issuance of the license; and | ||||||
| 22 | (10) the principal religious leader of the church has | ||||||
| 23 | delivered a written statement that he or she does not | ||||||
| 24 | object to the issuance of a license under this subsection | ||||||
| 25 | (ss). | ||||||
| 26 | (tt) Notwithstanding any provision of this Section to the | ||||||
| |||||||
| |||||||
| 1 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 2 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 3 | liquor at premises located within a municipality with a | ||||||
| 4 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 5 | feet of a church if: | ||||||
| 6 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 7 | business carried on by the licensee at the premises; | ||||||
| 8 | (2) the sale of alcoholic liquor is incidental to the | ||||||
| 9 | sale of food; | ||||||
| 10 | (3) the sale of alcoholic liquor at the premises was | ||||||
| 11 | previously authorized by a package goods liquor license; | ||||||
| 12 | (4) the premises are at least 40,000 square feet with | ||||||
| 13 | 25 parking spaces in the contiguous surface lot to the | ||||||
| 14 | north of the store and 93 parking spaces on the roof; | ||||||
| 15 | (5) the shortest distance between the lot line of the | ||||||
| 16 | parking lot of the premises and the exterior wall of the | ||||||
| 17 | church is at least 80 feet; | ||||||
| 18 | (6) the distance between the building in which the | ||||||
| 19 | church is located and the building in which the premises | ||||||
| 20 | are located is at least 180 feet; | ||||||
| 21 | (7) the main entrance to the church faces west and is | ||||||
| 22 | at least 257 feet from the main entrance of the premises; | ||||||
| 23 | and | ||||||
| 24 | (8) the applicant is the owner of 10 similar grocery | ||||||
| 25 | stores within the City of Chicago and the surrounding area | ||||||
| 26 | and has been in business for more than 30 years. | ||||||
| |||||||
| |||||||
| 1 | (uu) Notwithstanding any provision of this Section to the | ||||||
| 2 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 3 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 4 | liquor at premises located within a municipality with a | ||||||
| 5 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 6 | feet of a church if: | ||||||
| 7 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 8 | business carried on by the licensee at the premises; | ||||||
| 9 | (2) the sale of alcoholic liquor is incidental to the | ||||||
| 10 | operation of a grocery store; | ||||||
| 11 | (3) the premises are located in a building that is | ||||||
| 12 | approximately 68,000 square feet with 157 parking spaces on | ||||||
| 13 | property that was previously vacant land; | ||||||
| 14 | (4) the main entrance to the church faces west and is | ||||||
| 15 | at least 500 feet from the entrance of the premises, which | ||||||
| 16 | faces north; | ||||||
| 17 | (5) the church and the premises are separated by an | ||||||
| 18 | alley; | ||||||
| 19 | (6) the applicant is the owner of 9 similar grocery | ||||||
| 20 | stores in the City of Chicago and the surrounding area and | ||||||
| 21 | has been in business for more than 40 years; and | ||||||
| 22 | (7) the alderman of the ward in which the premises are | ||||||
| 23 | located has expressed, in writing, his or her support for | ||||||
| 24 | the issuance of the license. | ||||||
| 25 | (vv) Notwithstanding any provision of this Section to the | ||||||
| 26 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| |||||||
| |||||||
| 1 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 2 | liquor at premises located within a municipality with a | ||||||
| 3 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 4 | feet of a church if: | ||||||
| 5 | (1) the sale of alcoholic liquor is the principal | ||||||
| 6 | business carried on by the licensee at the premises; | ||||||
| 7 | (2) the sale of alcoholic liquor is primary to the sale | ||||||
| 8 | of food; | ||||||
| 9 | (3) the premises are located south of the church and on | ||||||
| 10 | perpendicular streets and are separated by a driveway; | ||||||
| 11 | (4) the primary entrance of the premises is at least | ||||||
| 12 | 100 feet from the primary entrance of the church; | ||||||
| 13 | (5) the shortest distance between any part of the | ||||||
| 14 | premises and any part of the church is at least 15 feet; | ||||||
| 15 | (6) the premises are less than 100 feet from the church | ||||||
| 16 | center, but greater than 100 feet from the area within the | ||||||
| 17 | building where church services are held; | ||||||
| 18 | (7) the premises are 25,830 square feet and sit on a | ||||||
| 19 | lot that is 0.48 acres; | ||||||
| 20 | (8) the premises were once designated as a Korean | ||||||
| 21 | American Presbyterian Church and were once used as a | ||||||
| 22 | Masonic Temple; | ||||||
| 23 | (9) the premises were built in 1910; | ||||||
| 24 | (10) the alderman of the ward in which the premises are | ||||||
| 25 | located has expressed, in writing, his or her support for | ||||||
| 26 | the issuance of the license; and | ||||||
| |||||||
| |||||||
| 1 | (11) the principal religious leader of the church has | ||||||
| 2 | delivered a written statement that he or she does not | ||||||
| 3 | object to the issuance of a license under this subsection | ||||||
| 4 | (vv). | ||||||
| 5 | For the purposes of this subsection (vv), "premises" means | ||||||
| 6 | a place of business together with a privately owned outdoor | ||||||
| 7 | location that is adjacent to the place of business.
| ||||||
| 8 | (ww) Notwithstanding any provision of this Section to the
| ||||||
| 9 | contrary, nothing in this Section shall prohibit the issuance
| ||||||
| 10 | or renewal of a license authorizing the sale of alcoholic
| ||||||
| 11 | liquor at premises located within a municipality with a
| ||||||
| 12 | population in excess of 1,000,000 inhabitants and within 100
| ||||||
| 13 | feet of a school if: | ||||||
| 14 | (1) the school is located within Sub Area III of City | ||||||
| 15 | of Chicago Residential-Business Planned Development Number | ||||||
| 16 | 523, as amended; and | ||||||
| 17 | (2) the premises are located within Sub Area I, Sub | ||||||
| 18 | Area II, or Sub Area IV of City of Chicago | ||||||
| 19 | Residential-Business Planned Development Number 523, as | ||||||
| 20 | amended. | ||||||
| 21 | (xx) Notwithstanding any provision of this Section to the | ||||||
| 22 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 23 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 24 | liquor at premises located within a municipality with a | ||||||
| 25 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 26 | feet of a church if: | ||||||
| |||||||
| |||||||
| 1 | (1) the sale of wine or wine-related products is the | ||||||
| 2 | exclusive business carried on by the licensee at the | ||||||
| 3 | premises; | ||||||
| 4 | (2) the primary entrance of the premises and the | ||||||
| 5 | primary entrance of the church are at least 100 feet apart | ||||||
| 6 | and are located on different streets; | ||||||
| 7 | (3) the building in which the premises are located and | ||||||
| 8 | the building in which the church is located are separated | ||||||
| 9 | by an alley; | ||||||
| 10 | (4) the premises consists of less than 2,000 square | ||||||
| 11 | feet of floor area dedicated to the sale of wine or | ||||||
| 12 | wine-related products; | ||||||
| 13 | (5) the premises are located on the first floor of a | ||||||
| 14 | 2-story building that is at least 99 years old and has a | ||||||
| 15 | residential unit on the second floor; and | ||||||
| 16 | (6) the principal religious leader at the church has | ||||||
| 17 | indicated his or her support for the issuance or renewal of | ||||||
| 18 | the license in writing. | ||||||
| 19 | (yy) Notwithstanding any provision of this Section to the | ||||||
| 20 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 21 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 22 | liquor at premises located within a municipality with a | ||||||
| 23 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 24 | feet of a church if: | ||||||
| 25 | (1) the premises are a 27-story hotel containing 191 | ||||||
| 26 | guest rooms; | ||||||
| |||||||
| |||||||
| 1 | (2) the sale of alcoholic liquor is not the principal | ||||||
| 2 | business carried on by the licensee at the premises and is | ||||||
| 3 | limited to a restaurant located on the first floor of the | ||||||
| 4 | hotel; | ||||||
| 5 | (3) the hotel is adjacent to the church; | ||||||
| 6 | (4) the site is zoned as DX-16; | ||||||
| 7 | (5) the principal religious leader of the church has | ||||||
| 8 | delivered a written statement that he or she does not | ||||||
| 9 | object to the issuance of a license under this subsection | ||||||
| 10 | (yy); and | ||||||
| 11 | (6) the alderman of the ward in which the premises are | ||||||
| 12 | located has expressed, in writing, his or her support for | ||||||
| 13 | the issuance of the license. | ||||||
| 14 | (zz) Notwithstanding any provision of this Section to the | ||||||
| 15 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 16 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 17 | liquor at premises located within a municipality with a | ||||||
| 18 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 19 | feet of a church if: | ||||||
| 20 | (1) the premises are a 15-story hotel containing 143 | ||||||
| 21 | guest rooms; | ||||||
| 22 | (2) the premises are approximately 85,691 square feet; | ||||||
| 23 | (3) a restaurant is operated on the premises; | ||||||
| 24 | (4) the restaurant is located in the first floor lobby | ||||||
| 25 | of the hotel; | ||||||
| 26 | (5) the sale of alcoholic liquor is not the principal | ||||||
| |||||||
| |||||||
| 1 | business carried on by the licensee at the premises; | ||||||
| 2 | (6) the hotel is located approximately 50 feet from the | ||||||
| 3 | church and is separated from the church by a public street | ||||||
| 4 | on the ground level and by air space on the upper level, | ||||||
| 5 | which is where the public entrances are located; | ||||||
| 6 | (7) the site is zoned as DX-16; | ||||||
| 7 | (8) the principal religious leader of the church has | ||||||
| 8 | delivered a written statement that he or she does not | ||||||
| 9 | object to the issuance of a license under this subsection | ||||||
| 10 | (zz); and | ||||||
| 11 | (9) the alderman of the ward in which the premises are | ||||||
| 12 | located has expressed, in writing, his or her support for | ||||||
| 13 | the issuance of the license. | ||||||
| 14 | (aaa) Notwithstanding any provision in this Section to the | ||||||
| 15 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 16 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 17 | liquor within a full-service grocery store at premises located | ||||||
| 18 | within a municipality with a population in excess of 1,000,000 | ||||||
| 19 | inhabitants and within 100 feet of a school if: | ||||||
| 20 | (1) the sale of alcoholic liquor is not the primary | ||||||
| 21 | business activity of the grocery store; | ||||||
| 22 | (2) the premises are newly constructed on land that was | ||||||
| 23 | formerly used by the Young Men's Christian Association; | ||||||
| 24 | (3) the grocery store is located within a planned | ||||||
| 25 | development that was approved by the municipality in 2007; | ||||||
| 26 | (4) the premises are located in a multi-building, | ||||||
| |||||||
| |||||||
| 1 | mixed-use complex; | ||||||
| 2 | (5) the entrance to the grocery store is located more | ||||||
| 3 | than 200 feet from the entrance to the school; | ||||||
| 4 | (6) the entrance to the grocery store is located across | ||||||
| 5 | the street from the back of the school building, which is | ||||||
| 6 | not used for student or public access; | ||||||
| 7 | (7) the grocery store executed a binding lease for the | ||||||
| 8 | property in 2008; | ||||||
| 9 | (8) the premises consist of 2 levels and occupy more | ||||||
| 10 | than 80,000 square feet; | ||||||
| 11 | (9) the owner and operator of the grocery store | ||||||
| 12 | operates at least 10 other grocery stores that have | ||||||
| 13 | alcoholic liquor licenses within the same municipality; | ||||||
| 14 | and | ||||||
| 15 | (10) the director of the school has expressed, in | ||||||
| 16 | writing, his or her support for the issuance of the | ||||||
| 17 | license. | ||||||
| 18 | (bbb) Notwithstanding any provision of this Section to the | ||||||
| 19 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 20 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 21 | liquor at premises located within a municipality with a | ||||||
| 22 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 23 | feet of a church if: | ||||||
| 24 | (1) the sale of alcoholic liquor at the premises is | ||||||
| 25 | incidental to the sale of food; | ||||||
| 26 | (2) the premises are located in a single-story building | ||||||
| |||||||
| |||||||
| 1 | of primarily brick construction containing at least 6 | ||||||
| 2 | commercial units constructed before 1940; | ||||||
| 3 | (3) the premises are located in a B3-2 zoning district; | ||||||
| 4 | (4) the premises are less than 4,000 square feet; | ||||||
| 5 | (5) the church established its congregation in 1891 and | ||||||
| 6 | completed construction of the church building in 1990; | ||||||
| 7 | (6) the premises are located south of the church; | ||||||
| 8 | (7) the premises and church are located on the same | ||||||
| 9 | street and are separated by a one-way westbound street; and | ||||||
| 10 | (8) the principal religious leader of the church has | ||||||
| 11 | not indicated his or her opposition to the issuance or | ||||||
| 12 | renewal of the license in writing. | ||||||
| 13 | (ccc) Notwithstanding any provision of this Section to the | ||||||
| 14 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 15 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 16 | liquor within a full-service grocery store at premises located | ||||||
| 17 | within a municipality with a population in excess of 1,000,000 | ||||||
| 18 | inhabitants and within 100 feet of a church and school if: | ||||||
| 19 | (1) as of March 14, 2007, the premises are located in a | ||||||
| 20 | City of Chicago Residential-Business Planned Development | ||||||
| 21 | No. 1052; | ||||||
| 22 | (2) the sale of alcoholic liquor is not the principal | ||||||
| 23 | business carried on by the licensee at the premises; | ||||||
| 24 | (3) the sale of alcoholic liquor is incidental to the | ||||||
| 25 | operation of a grocery store and comprises no more than 10% | ||||||
| 26 | of the total in-store sales; | ||||||
| |||||||
| |||||||
| 1 | (4) the owner and operator of the grocery store | ||||||
| 2 | operates at least 10 other grocery stores that have | ||||||
| 3 | alcoholic liquor licenses within the same municipality; | ||||||
| 4 | (5) the premises are new construction when the license | ||||||
| 5 | is first issued; | ||||||
| 6 | (6) the constructed premises are to be no less than | ||||||
| 7 | 50,000 square feet; | ||||||
| 8 | (7) the school is a private church-affiliated school; | ||||||
| 9 | (8) the premises and the property containing the church | ||||||
| 10 | and church-affiliated school are located on perpendicular | ||||||
| 11 | streets and the school and church are adjacent to one | ||||||
| 12 | another; | ||||||
| 13 | (9) the pastor of the church and school has expressed, | ||||||
| 14 | in writing, support for the issuance of the license; and | ||||||
| 15 | (10) the alderman of the ward in which the premises are | ||||||
| 16 | located has expressed, in writing, his or her support for | ||||||
| 17 | the issuance of the license. | ||||||
| 18 | (ddd) Notwithstanding any provision of this Section to the | ||||||
| 19 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 20 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 21 | liquor at premises located within a municipality with a | ||||||
| 22 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 23 | feet of a church or school if: | ||||||
| 24 | (1) the business has been issued a license from the | ||||||
| 25 | municipality to allow the business to operate a theater on | ||||||
| 26 | the premises; | ||||||
| |||||||
| |||||||
| 1 | (2) the theater has less than 200 seats; | ||||||
| 2 | (3) the premises are approximately 2,700 to 3,100 | ||||||
| 3 | square feet of space; | ||||||
| 4 | (4) the premises are located to the north of the | ||||||
| 5 | church; | ||||||
| 6 | (5) the primary entrance of the premises and the | ||||||
| 7 | primary entrance of any church within 100 feet of the | ||||||
| 8 | premises are located either on a different street or across | ||||||
| 9 | a right-of-way from the premises; | ||||||
| 10 | (6) the primary entrance of the premises and the | ||||||
| 11 | primary entrance of any school within 100 feet of the | ||||||
| 12 | premises are located either on a different street or across | ||||||
| 13 | a right-of-way from the premises; | ||||||
| 14 | (7) the premises are located in a building that is at | ||||||
| 15 | least 100 years old; and | ||||||
| 16 | (8) any church or school located within 100 feet of the | ||||||
| 17 | premises has indicated its support for the issuance or | ||||||
| 18 | renewal of the license to the premises in writing. | ||||||
| 19 | (eee) Notwithstanding any provision of this Section to the | ||||||
| 20 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 21 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 22 | liquor at premises located within a municipality with a | ||||||
| 23 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 24 | feet of a church and school if: | ||||||
| 25 | (1) the sale of alcoholic liquor is incidental to the | ||||||
| 26 | sale of food; | ||||||
| |||||||
| |||||||
| 1 | (2) the sale of alcoholic liquor is not the principal | ||||||
| 2 | business carried on by the applicant on the premises; | ||||||
| 3 | (3) a family-owned restaurant has operated on the | ||||||
| 4 | premises since 1957; | ||||||
| 5 | (4) the premises occupy the first floor of a 3-story | ||||||
| 6 | building that is at least 90 years old; | ||||||
| 7 | (5) the distance between the property line of the | ||||||
| 8 | premises and the property line of the church is at least 20 | ||||||
| 9 | feet; | ||||||
| 10 | (6) the church was established at its current location | ||||||
| 11 | and the present structure was erected before 1900; | ||||||
| 12 | (7) the primary entrance of the premises is at least 75 | ||||||
| 13 | feet from the primary entrance of the church; | ||||||
| 14 | (8) the school is affiliated with the church; | ||||||
| 15 | (9) the principal religious leader at the place of | ||||||
| 16 | worship has indicated his or her support for the issuance | ||||||
| 17 | of the license in writing; | ||||||
| 18 | (10) the principal of the school has indicated in | ||||||
| 19 | writing that he or she is not opposed to the issuance of | ||||||
| 20 | the license; and | ||||||
| 21 | (11) the alderman of the ward in which the premises are | ||||||
| 22 | located has expressed, in writing, his or her lack of an | ||||||
| 23 | objection to the issuance of the license. | ||||||
| 24 | (fff) Notwithstanding any provision of this Section to the | ||||||
| 25 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 26 | or renewal of a license authorizing the sale of alcoholic | ||||||
| |||||||
| |||||||
| 1 | liquor at premises located within a municipality with a | ||||||
| 2 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 3 | feet of a church if: | ||||||
| 4 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 5 | business carried on by the licensee at the premises; | ||||||
| 6 | (2) the sale of alcoholic liquor at the premises is | ||||||
| 7 | incidental to the operation of a grocery store; | ||||||
| 8 | (3) the premises are a one-story building containing | ||||||
| 9 | approximately 10,000 square feet and are rented by the | ||||||
| 10 | owners of the grocery store; | ||||||
| 11 | (4) the sale of alcoholic liquor at the premises occurs | ||||||
| 12 | in a retail area of the grocery store that is approximately | ||||||
| 13 | 3,500 square feet; | ||||||
| 14 | (5) the grocery store has operated at the location | ||||||
| 15 | since 1984; | ||||||
| 16 | (6) the grocery store is closed on Sundays; | ||||||
| 17 | (7) the property on which the premises are located is a | ||||||
| 18 | corner lot that is bound by 3 streets and an alley, where | ||||||
| 19 | one street is a one-way street that runs north-south, one | ||||||
| 20 | street runs east-west, and one street runs | ||||||
| 21 | northwest-southeast; | ||||||
| 22 | (8) the property line of the premises is approximately | ||||||
| 23 | 16 feet from the property line of the building where the | ||||||
| 24 | church is located; | ||||||
| 25 | (9) the premises are separated from the building | ||||||
| 26 | containing the church by a public alley; | ||||||
| |||||||
| |||||||
| 1 | (10) the primary entrance of the premises and the | ||||||
| 2 | primary entrance of the church are at least 100 feet apart; | ||||||
| 3 | (11) representatives of the church have delivered a | ||||||
| 4 | written statement that the church does not object to the | ||||||
| 5 | issuance of a license under this subsection (fff); and | ||||||
| 6 | (12) the alderman of the ward in which the grocery | ||||||
| 7 | store is located has expressed, in writing, his or her | ||||||
| 8 | support for the issuance of the license. | ||||||
| 9 | (ggg) Notwithstanding any provision of this Section to the | ||||||
| 10 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 11 | or renewal of licenses authorizing the sale of alcoholic liquor | ||||||
| 12 | within a restaurant or lobby coffee house at premises located | ||||||
| 13 | within a municipality with a population in excess of 1,000,000 | ||||||
| 14 | inhabitants and within 100 feet of a church and school if: | ||||||
| 15 | (1) a residential retirement home formerly operated on | ||||||
| 16 | the premises and the premises are being converted into a | ||||||
| 17 | new apartment living complex containing studio and | ||||||
| 18 | one-bedroom apartments with ground floor retail space; | ||||||
| 19 | (2) the restaurant and lobby coffee house are located | ||||||
| 20 | within a Community Shopping District within the | ||||||
| 21 | municipality; | ||||||
| 22 | (3) the premises are located in a single-building, | ||||||
| 23 | mixed-use complex that, in addition to the restaurant and | ||||||
| 24 | lobby coffee house, contains apartment residences, a | ||||||
| 25 | fitness center for the residents of the apartment building, | ||||||
| 26 | a lobby designed as a social center for the residents, a | ||||||
| |||||||
| |||||||
| 1 | rooftop deck, and a patio with a dog run for the exclusive | ||||||
| 2 | use of the residents; | ||||||
| 3 | (4) the sale of alcoholic liquor is not the primary | ||||||
| 4 | business activity of the apartment complex, restaurant, or | ||||||
| 5 | lobby coffee house; | ||||||
| 6 | (5) the entrance to the apartment residence is more | ||||||
| 7 | than 310 feet from the entrance to the school and church; | ||||||
| 8 | (6) the entrance to the apartment residence is located | ||||||
| 9 | at the end of the block around the corner from the south | ||||||
| 10 | side of the school building; | ||||||
| 11 | (7) the school is affiliated with the church; | ||||||
| 12 | (8) the pastor of the parish, principal of the school, | ||||||
| 13 | and the titleholder to the church and school have given | ||||||
| 14 | written consent to the issuance of the license; | ||||||
| 15 | (9) the alderman of the ward in which the premises are | ||||||
| 16 | located has given written consent to the issuance of the | ||||||
| 17 | license; and | ||||||
| 18 | (10) the neighborhood block club has given written | ||||||
| 19 | consent to the issuance of the license. | ||||||
| 20 | (hhh) Notwithstanding any provision of this Section to
the | ||||||
| 21 | contrary, nothing in this Section shall prohibit the
issuance | ||||||
| 22 | or renewal of a license to sell alcoholic liquor at
premises | ||||||
| 23 | located within a municipality with a population
in excess of | ||||||
| 24 | 1,000,000 inhabitants and within 100 feet of a home for | ||||||
| 25 | indigent persons or a church if: | ||||||
| 26 | (1) a restaurant operates on the premises and has
been | ||||||
| |||||||
| |||||||
| 1 | in operation since January of 2014; | ||||||
| 2 | (2) the sale of alcoholic liquor is incidental to the | ||||||
| 3 | sale of food; | ||||||
| 4 | (3) the sale of alcoholic liquor is not the principal | ||||||
| 5 | business carried on by the licensee on the premises; | ||||||
| 6 | (4) the premises occupy the first floor of a 3-story
| ||||||
| 7 | building that is at least 100 years old; | ||||||
| 8 | (5) the primary entrance to the premises is more than | ||||||
| 9 | 100 feet from the primary entrance to the home for indigent | ||||||
| 10 | persons, which opened in 1989 and is operated to address | ||||||
| 11 | homelessness and provide shelter; | ||||||
| 12 | (6) the primary entrance to the premises and the | ||||||
| 13 | primary entrance to the home for indigent persons are | ||||||
| 14 | located on different streets; | ||||||
| 15 | (7) the executive director of the home for indigent | ||||||
| 16 | persons has given written consent to the issuance of the | ||||||
| 17 | license; | ||||||
| 18 | (8) the entrance to the premises is located within 100 | ||||||
| 19 | feet of a Buddhist temple; | ||||||
| 20 | (9) the entrance to the premises is more than 100 feet | ||||||
| 21 | from where any worship or educational programming is | ||||||
| 22 | conducted by the Buddhist temple and is located in an area | ||||||
| 23 | used only for other purposes; and | ||||||
| 24 | (10) the president and the board of directors of the | ||||||
| 25 | Buddhist temple have given written consent to the issuance | ||||||
| 26 | of the license. | ||||||
| |||||||
| |||||||
| 1 | (iii) Notwithstanding any provision of this Section to the | ||||||
| 2 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 3 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 4 | liquor at premises located within a municipality in excess of | ||||||
| 5 | 1,000,000 inhabitants and within 100 feet of a home for the | ||||||
| 6 | aged if: | ||||||
| 7 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 8 | business carried on by the licensee on the premises; | ||||||
| 9 | (2) the sale of alcoholic liquor at the premises is | ||||||
| 10 | incidental to the operation of a restaurant; | ||||||
| 11 | (3) the premises are on the ground floor of a | ||||||
| 12 | multi-floor, university-affiliated housing facility; | ||||||
| 13 | (4) the premises occupy 1,916 square feet of space, | ||||||
| 14 | with the total square footage from which liquor will be | ||||||
| 15 | sold, served, and consumed to be 900 square feet; | ||||||
| 16 | (5) the premises are separated from the home for the | ||||||
| 17 | aged by an alley; | ||||||
| 18 | (6) the primary entrance to the premises and the | ||||||
| 19 | primary entrance to the home for the aged are at least 500 | ||||||
| 20 | feet apart and located on different streets; | ||||||
| 21 | (7) representatives of the home for the aged have | ||||||
| 22 | expressed, in writing, that the home does not object to the | ||||||
| 23 | issuance of a license under this subsection; and | ||||||
| 24 | (8) the alderman of the ward in which the restaurant is | ||||||
| 25 | located has expressed, in writing, his or her support for | ||||||
| 26 | the issuance of the license. | ||||||
| |||||||
| |||||||
| 1 | (jjj) Notwithstanding any provision of this Section to the | ||||||
| 2 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 3 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 4 | liquor at premises located within a municipality with a | ||||||
| 5 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 6 | feet of a school if: | ||||||
| 7 | (1) as of January 1, 2016, the premises were used for | ||||||
| 8 | the sale of alcoholic liquor for consumption on the | ||||||
| 9 | premises and were authorized to do so pursuant to a retail | ||||||
| 10 | tavern license held by an individual as the sole proprietor | ||||||
| 11 | of the premises; | ||||||
| 12 | (2) the primary entrance to the school and the primary | ||||||
| 13 | entrance to the premises are on the same street; | ||||||
| 14 | (3) the school was founded in 1949; | ||||||
| 15 | (4) the building in which the premises are situated was | ||||||
| 16 | constructed before 1930; | ||||||
| 17 | (5) the building in which the premises are situated is | ||||||
| 18 | immediately across the street from the school; and | ||||||
| 19 | (6) the school has not indicated its opposition to the | ||||||
| 20 | issuance or renewal of the license in writing. | ||||||
| 21 | (kkk) (Blank). | ||||||
| 22 | (lll) Notwithstanding any provision of this Section to the | ||||||
| 23 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 24 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 25 | liquor at premises located within a municipality with a | ||||||
| 26 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| |||||||
| |||||||
| 1 | feet of a synagogue or school if: | ||||||
| 2 | (1) the sale of alcoholic liquor at the premises is | ||||||
| 3 | incidental to the sale of food; | ||||||
| 4 | (2) the sale of alcoholic liquor is not the principal | ||||||
| 5 | business carried on by the licensee at the premises; | ||||||
| 6 | (3) the premises are located on the same street on | ||||||
| 7 | which the synagogue or school is located; | ||||||
| 8 | (4) the primary entrance to the premises and the | ||||||
| 9 | closest entrance to the synagogue or school is at least 100 | ||||||
| 10 | feet apart; | ||||||
| 11 | (5) the shortest distance between the premises and the | ||||||
| 12 | synagogue or school is at least 65 feet apart and no | ||||||
| 13 | greater than 70 feet apart; | ||||||
| 14 | (6) the premises are between 1,800 and 2,000 square | ||||||
| 15 | feet; | ||||||
| 16 | (7) the synagogue was founded in 1861; and | ||||||
| 17 | (8) the leader of the synagogue has indicated, in | ||||||
| 18 | writing, the synagogue's support for the issuance or | ||||||
| 19 | renewal of the license. | ||||||
| 20 | (mmm) Notwithstanding any provision of this Section to the | ||||||
| 21 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 22 | or renewal of licenses authorizing the sale of alcoholic liquor | ||||||
| 23 | within a restaurant or lobby coffee house at premises located | ||||||
| 24 | within a municipality with a population in excess of 1,000,000 | ||||||
| 25 | inhabitants and within 100 feet of a church if: | ||||||
| 26 | (1) the sale of alcoholic liquor is not the principal | ||||||
| |||||||
| |||||||
| 1 | business carried on by the licensee at the premises; | ||||||
| 2 | (2) the sale of alcoholic liquor at the premises is | ||||||
| 3 | incidental to the sale of food in a restaurant; | ||||||
| 4 | (3) the restaurant has been run by the same family for | ||||||
| 5 | at least 19 consecutive years; | ||||||
| 6 | (4) the premises are located in a 3-story building in | ||||||
| 7 | the most easterly part of the first floor; | ||||||
| 8 | (5) the building in which the premises are located has | ||||||
| 9 | residential housing on the second and third floors; | ||||||
| 10 | (6) the primary entrance to the premises is on a | ||||||
| 11 | north-south street around the corner and across an alley | ||||||
| 12 | from the primary entrance to the church, which is on an | ||||||
| 13 | east-west street; | ||||||
| 14 | (7) the primary entrance to the church and the primary | ||||||
| 15 | entrance to the premises are more than 160 feet apart; and | ||||||
| 16 | (8) the church has expressed, in writing, its support | ||||||
| 17 | for the issuance of a license under this subsection. | ||||||
| 18 | (nnn) Notwithstanding any provision of this Section to the | ||||||
| 19 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 20 | or renewal of licenses authorizing the sale of alcoholic liquor | ||||||
| 21 | within a restaurant or lobby coffee house at premises located | ||||||
| 22 | within a municipality with a population in excess of 1,000,000 | ||||||
| 23 | inhabitants and within 100 feet of a school and church or | ||||||
| 24 | synagogue if: | ||||||
| 25 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 26 | business carried on by the licensee at the premises; | ||||||
| |||||||
| |||||||
| 1 | (2) the sale of alcoholic liquor at the premises is | ||||||
| 2 | incidental to the sale of food in a restaurant; | ||||||
| 3 | (3) the front door of the synagogue faces east on the | ||||||
| 4 | next north-south street east of and parallel to the | ||||||
| 5 | north-south street on which the restaurant is located where | ||||||
| 6 | the restaurant's front door faces west; | ||||||
| 7 | (4) the closest exterior pedestrian entrance that | ||||||
| 8 | leads to the school or the synagogue is across an east-west | ||||||
| 9 | street and at least 300 feet from the primary entrance to | ||||||
| 10 | the restaurant; | ||||||
| 11 | (5) the nearest church-related or school-related | ||||||
| 12 | building is a community center building; | ||||||
| 13 | (6) the restaurant is on the ground floor of a 3-story | ||||||
| 14 | building constructed in 1896 with a brick façade; | ||||||
| 15 | (7) the restaurant shares the ground floor with a | ||||||
| 16 | theater, and the second and third floors of the building in | ||||||
| 17 | which the restaurant is located consists of residential | ||||||
| 18 | housing; | ||||||
| 19 | (8) the leader of the synagogue and school has | ||||||
| 20 | expressed, in writing, that the synagogue does not object | ||||||
| 21 | to the issuance of a license under this subsection; and | ||||||
| 22 | (9) the alderman of the ward in which the premises is | ||||||
| 23 | located has expressed, in writing, his or her support for | ||||||
| 24 | the issuance of the license. | ||||||
| 25 | (ooo) Notwithstanding any provision of this Section to the | ||||||
| 26 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| |||||||
| |||||||
| 1 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 2 | liquor at premises located within a municipality with a | ||||||
| 3 | population in excess of 2,000 but less than 5,000 inhabitants | ||||||
| 4 | in a county with a population in excess of 3,000,000 and within | ||||||
| 5 | 100 feet of a home for the aged if: | ||||||
| 6 | (1) as of March 1, 2016, the premises were used to sell | ||||||
| 7 | alcohol pursuant to a retail tavern and packaged goods | ||||||
| 8 | license issued by the municipality and held by a limited | ||||||
| 9 | liability company as the proprietor of the premises; | ||||||
| 10 | (2) the home for the aged was completed in 2015; | ||||||
| 11 | (3) the home for the aged is a 5-story structure; | ||||||
| 12 | (4) the building in which the premises are situated is | ||||||
| 13 | directly adjacent to the home for the aged; | ||||||
| 14 | (5) the building in which the premises are situated was | ||||||
| 15 | constructed before 1950; | ||||||
| 16 | (6) the home for the aged has not indicated its | ||||||
| 17 | opposition to the issuance or renewal of the license; and | ||||||
| 18 | (7) the president of the municipality has expressed in | ||||||
| 19 | writing that he or she does not object to the issuance or | ||||||
| 20 | renewal of the license. | ||||||
| 21 | (ppp) Notwithstanding any provision of this Section to the | ||||||
| 22 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 23 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 24 | liquor at premises located within a municipality with a | ||||||
| 25 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 26 | feet of a church or churches if: | ||||||
| |||||||
| |||||||
| 1 | (1) the shortest distance between the premises and a | ||||||
| 2 | church is at least 78 feet apart and no greater than 95 | ||||||
| 3 | feet apart; | ||||||
| 4 | (2) the premises are a single-story, brick commercial | ||||||
| 5 | building and at least 5,067 square feet and were | ||||||
| 6 | constructed in 1922; | ||||||
| 7 | (3) the premises are located in a B3-2 zoning district; | ||||||
| 8 | (4) the premises are separated from the buildings | ||||||
| 9 | containing the churches by a street; | ||||||
| 10 | (5) the previous owners of the business located on the | ||||||
| 11 | premises held a liquor license for at least 10 years; | ||||||
| 12 | (6) the new owner of the business located on the | ||||||
| 13 | premises has managed 2 other food and liquor stores since | ||||||
| 14 | 1997; | ||||||
| 15 | (7) the principal religious leaders at the places of | ||||||
| 16 | worship have indicated their support for the issuance or | ||||||
| 17 | renewal of the license in writing; and | ||||||
| 18 | (8) the alderman of the ward in which the premises are | ||||||
| 19 | located has indicated his or her support for the issuance | ||||||
| 20 | or renewal of the license in writing. | ||||||
| 21 | (Source: P.A. 98-274, eff. 8-9-13; 98-463, eff. 8-16-13; | ||||||
| 22 | 98-571, eff. 8-27-13; 98-592, eff. 11-15-13; 98-1092, eff. | ||||||
| 23 | 8-26-14; 98-1158, eff. 1-9-15; 99-46, eff. 7-15-15; 99-47, eff. | ||||||
| 24 | 7-15-15; 99-477, eff. 8-27-15; 99-484, eff. 10-30-15; 99-558, | ||||||
| 25 | eff. 7-15-16; 99-642, eff. 7-28-16; revised 10-27-16.)
| ||||||
| |||||||
| |||||||
| 1 | (235 ILCS 5/6-15) (from Ch. 43, par. 130)
| ||||||
| 2 | Sec. 6-15. No alcoholic liquors shall be sold or delivered | ||||||
| 3 | in any
building belonging to or under the control of the State | ||||||
| 4 | or any political
subdivision thereof except as provided in this | ||||||
| 5 | Act. The corporate
authorities of any city, village, | ||||||
| 6 | incorporated town, township, or county may provide by
| ||||||
| 7 | ordinance, however, that alcoholic liquor may be sold or | ||||||
| 8 | delivered in any
specifically designated building belonging to | ||||||
| 9 | or under the control of the
municipality, township, or county, | ||||||
| 10 | or in any building located on land under the
control of the | ||||||
| 11 | municipality, township, or county; provided that such township | ||||||
| 12 | or county complies with all
applicable local ordinances in any | ||||||
| 13 | incorporated area of the township or county.
Alcoholic liquor | ||||||
| 14 | may be delivered to and sold under the authority of a special | ||||||
| 15 | use permit on any property owned by a conservation district | ||||||
| 16 | organized under the Conservation District Act, provided that | ||||||
| 17 | (i) the alcoholic liquor is sold only at an event authorized by | ||||||
| 18 | the governing board of the conservation district, (ii) the | ||||||
| 19 | issuance of the special use permit is authorized by the local | ||||||
| 20 | liquor control commissioner of the territory in which the | ||||||
| 21 | property is located, and (iii) the special use permit | ||||||
| 22 | authorizes the sale of alcoholic liquor for one day or less. | ||||||
| 23 | Alcoholic liquors may be delivered to and sold at any airport | ||||||
| 24 | belonging to
or under the control of a municipality of more | ||||||
| 25 | than 25,000 inhabitants, or
in any building or on any golf | ||||||
| 26 | course owned by a park district organized under
the Park | ||||||
| |||||||
| |||||||
| 1 | District
Code, subject to the approval of the governing board | ||||||
| 2 | of the district, or
in any building or on any golf course owned | ||||||
| 3 | by a forest preserve district
organized under the Downstate | ||||||
| 4 | Forest Preserve District Act, subject to the
approval of the | ||||||
| 5 | governing board of the district, or on the grounds
within 500 | ||||||
| 6 | feet of any building owned by a forest preserve district
| ||||||
| 7 | organized under the Downstate Forest Preserve District Act | ||||||
| 8 | during
times when food is dispensed for consumption within
500 | ||||||
| 9 | feet of the building from which the food is dispensed,
subject | ||||||
| 10 | to the
approval of the
governing board of the district, or in a | ||||||
| 11 | building owned by a Local Mass
Transit District organized under | ||||||
| 12 | the Local Mass Transit District Act, subject
to the approval of | ||||||
| 13 | the governing Board of the District, or in Bicentennial
Park, | ||||||
| 14 | or
on the premises of the City of Mendota Lake Park
located | ||||||
| 15 | adjacent to Route 51 in Mendota, Illinois, or on the premises | ||||||
| 16 | of
Camden Park in Milan, Illinois, or in the community center | ||||||
| 17 | owned by the
City of Loves Park that is located at 1000 River | ||||||
| 18 | Park Drive in Loves Park,
Illinois, or, in connection with the | ||||||
| 19 | operation of an established food
serving facility during times | ||||||
| 20 | when food is dispensed for consumption on the
premises, and at | ||||||
| 21 | the following aquarium and museums located in public
parks: Art | ||||||
| 22 | Institute of Chicago, Chicago Academy of Sciences, Chicago
| ||||||
| 23 | Historical Society, Field Museum of Natural History, Museum of | ||||||
| 24 | Science and
Industry, DuSable Museum of African American | ||||||
| 25 | History, John G. Shedd
Aquarium and Adler Planetarium, or at | ||||||
| 26 | Lakeview Museum of Arts and Sciences
in Peoria, or in | ||||||
| |||||||
| |||||||
| 1 | connection with the operation of the facilities of the
Chicago | ||||||
| 2 | Zoological Society or the Chicago Horticultural Society on land
| ||||||
| 3 | owned by the Forest Preserve District of Cook County,
or on any | ||||||
| 4 | land used for a golf course or for recreational purposes
owned | ||||||
| 5 | by the Forest Preserve District of Cook County, subject to the | ||||||
| 6 | control
of the Forest Preserve District Board of Commissioners | ||||||
| 7 | and applicable local
law, provided that dram shop liability | ||||||
| 8 | insurance is provided at
maximum coverage limits so as to hold | ||||||
| 9 | the
District harmless from all financial loss, damage, and | ||||||
| 10 | harm,
or in any building
located on land owned by the Chicago | ||||||
| 11 | Park District if approved by the Park
District Commissioners, | ||||||
| 12 | or on any land used for a golf course or for
recreational | ||||||
| 13 | purposes and owned by the Illinois International Port District | ||||||
| 14 | if
approved by the District's governing board, or at any | ||||||
| 15 | airport, golf course,
faculty center, or
facility in which | ||||||
| 16 | conference and convention type activities take place
belonging | ||||||
| 17 | to or under control of any State university or public community
| ||||||
| 18 | college district, provided that with respect to a facility for | ||||||
| 19 | conference
and convention type activities alcoholic liquors | ||||||
| 20 | shall be limited to the
use of the convention or conference | ||||||
| 21 | participants or participants
in cultural, political or | ||||||
| 22 | educational activities held in such facilities,
and provided | ||||||
| 23 | further that the faculty or staff of the State university or
a | ||||||
| 24 | public community college district, or members of an | ||||||
| 25 | organization of
students, alumni, faculty or staff of the State | ||||||
| 26 | university or a public
community college district are active | ||||||
| |||||||
| |||||||
| 1 | participants in the conference
or convention, or in Memorial | ||||||
| 2 | Stadium on the campus of the University of
Illinois at | ||||||
| 3 | Urbana-Champaign during games in which the
Chicago Bears | ||||||
| 4 | professional football team is playing in that stadium during | ||||||
| 5 | the
renovation of Soldier Field, not more than one and a half | ||||||
| 6 | hours before the
start of the game and not after the end of the | ||||||
| 7 | third quarter of the game,
or in the Pavilion Facility on the | ||||||
| 8 | campus of the University of Illinois at Chicago during games in | ||||||
| 9 | which the Chicago Storm professional soccer team is playing in | ||||||
| 10 | that facility, not more than one and a half hours before the | ||||||
| 11 | start of the game and not after the end of the third quarter of | ||||||
| 12 | the game, or in the Pavilion Facility on the campus of the | ||||||
| 13 | University of Illinois at Chicago during games in which the | ||||||
| 14 | WNBA professional women's basketball team is playing in that | ||||||
| 15 | facility, not more than one and a half hours before the start | ||||||
| 16 | of the game and not after the 10-minute mark of the second half | ||||||
| 17 | of the game, or by a catering establishment which has rented | ||||||
| 18 | facilities
from a board of trustees of a public community | ||||||
| 19 | college district, or in a restaurant that is operated by a | ||||||
| 20 | commercial tenant in the North Campus Parking Deck building | ||||||
| 21 | that (1) is located at 1201 West University Avenue, Urbana, | ||||||
| 22 | Illinois and (2) is owned by the Board of Trustees of the | ||||||
| 23 | University of Illinois, or, if
approved by the District board, | ||||||
| 24 | on land owned by the Metropolitan Sanitary
District of Greater | ||||||
| 25 | Chicago and leased to others for a term of at least
20 years. | ||||||
| 26 | Nothing in this Section precludes the sale or delivery of
| ||||||
| |||||||
| |||||||
| 1 | alcoholic liquor in the form of original packaged goods in | ||||||
| 2 | premises located
at 500 S. Racine in Chicago belonging to the | ||||||
| 3 | University of Illinois and
used primarily as a grocery store by | ||||||
| 4 | a commercial tenant during the term of
a lease that predates | ||||||
| 5 | the University's acquisition of the premises; but the
| ||||||
| 6 | University shall have no power or authority to renew, transfer, | ||||||
| 7 | or extend
the lease with terms allowing the sale of alcoholic | ||||||
| 8 | liquor; and the sale of
alcoholic liquor shall be subject to | ||||||
| 9 | all local laws and regulations.
After the acquisition by | ||||||
| 10 | Winnebago County of the property located at 404
Elm Street in | ||||||
| 11 | Rockford, a commercial tenant who sold alcoholic liquor at
| ||||||
| 12 | retail on a portion of the property under a valid license at | ||||||
| 13 | the time of
the acquisition may continue to do so for so long | ||||||
| 14 | as the tenant and the
County may agree under existing or future | ||||||
| 15 | leases, subject to all local laws
and regulations regarding the | ||||||
| 16 | sale of alcoholic liquor. Alcoholic liquors may be delivered to | ||||||
| 17 | and sold at Memorial Hall, located at 211 North Main Street, | ||||||
| 18 | Rockford, under conditions approved by Winnebago County and | ||||||
| 19 | subject to all local laws and regulations regarding the sale of | ||||||
| 20 | alcoholic liquor. Each
facility shall provide dram shop | ||||||
| 21 | liability in maximum insurance coverage
limits so as to save | ||||||
| 22 | harmless the State, municipality, State university,
airport, | ||||||
| 23 | golf course, faculty center, facility in which conference and
| ||||||
| 24 | convention type activities take place, park district, Forest | ||||||
| 25 | Preserve
District, public community college district, | ||||||
| 26 | aquarium, museum, or sanitary
district from all financial loss, | ||||||
| |||||||
| |||||||
| 1 | damage or harm. Alcoholic liquors may be
sold at retail in | ||||||
| 2 | buildings of golf courses owned by municipalities or Illinois | ||||||
| 3 | State University in
connection with the operation of an | ||||||
| 4 | established food serving facility
during times when food is | ||||||
| 5 | dispensed for consumption upon the premises.
Alcoholic liquors | ||||||
| 6 | may be delivered to and sold at retail in any building
owned by | ||||||
| 7 | a fire protection district organized under the Fire Protection
| ||||||
| 8 | District Act, provided that such delivery and sale is approved | ||||||
| 9 | by the board
of trustees of the district, and provided further | ||||||
| 10 | that such delivery and
sale is limited to fundraising events | ||||||
| 11 | and to a maximum of 6 events per year. However, the limitation | ||||||
| 12 | to fundraising events and to a maximum of 6 events per year | ||||||
| 13 | does not apply to the delivery, sale, or manufacture of | ||||||
| 14 | alcoholic liquors at the building located at 59 Main Street in | ||||||
| 15 | Oswego, Illinois, owned by the Oswego Fire Protection District | ||||||
| 16 | if the alcoholic liquor is sold or dispensed as approved by the | ||||||
| 17 | Oswego Fire Protection District and the property is no longer | ||||||
| 18 | being utilized for fire protection purposes.
| ||||||
| 19 | Alcoholic liquors may be served or sold in buildings under | ||||||
| 20 | the control of the Board of Trustees of the University of | ||||||
| 21 | Illinois for events that the Board may determine are public | ||||||
| 22 | events and not related student activities. The Board of | ||||||
| 23 | Trustees shall issue a written policy within 6 months of August | ||||||
| 24 | 15, 2008 (the effective date of Public Act 95-847) this | ||||||
| 25 | amendatory Act of the 95th General Assembly concerning the | ||||||
| 26 | types of events that would be eligible for an exemption. | ||||||
| |||||||
| |||||||
| 1 | Thereafter, the Board of Trustees may issue revised, updated, | ||||||
| 2 | new, or amended policies as it deems necessary and appropriate. | ||||||
| 3 | In preparing its written policy, the Board of Trustees shall, | ||||||
| 4 | among other factors it considers relevant and important, give | ||||||
| 5 | consideration to the following: (i) whether the event is a | ||||||
| 6 | student activity or student related activity; (ii) whether the | ||||||
| 7 | physical setting of the event is conducive to control of liquor | ||||||
| 8 | sales and distribution; (iii) the ability of the event operator | ||||||
| 9 | to ensure that the sale or serving of alcoholic liquors and the | ||||||
| 10 | demeanor of the participants are in accordance with State law | ||||||
| 11 | and University policies; (iv) regarding the anticipated | ||||||
| 12 | attendees at the event, the relative proportion of individuals | ||||||
| 13 | under the age of 21 to individuals age 21 or older; (v) the | ||||||
| 14 | ability of the venue operator to prevent the sale or | ||||||
| 15 | distribution of alcoholic liquors to individuals under the age | ||||||
| 16 | of 21; (vi) whether the event prohibits participants from | ||||||
| 17 | removing alcoholic beverages from the venue; and (vii) whether | ||||||
| 18 | the event prohibits participants from providing their own | ||||||
| 19 | alcoholic liquors to the venue. In addition, any policy | ||||||
| 20 | submitted by the Board of Trustees to the Illinois Liquor | ||||||
| 21 | Control Commission must require that any event at which | ||||||
| 22 | alcoholic liquors are served or sold in buildings under the | ||||||
| 23 | control of the Board of Trustees shall require the prior | ||||||
| 24 | written approval of the Office of the Chancellor for the | ||||||
| 25 | University campus where the event is located. The Board of | ||||||
| 26 | Trustees shall submit its policy, and any subsequently revised, | ||||||
| |||||||
| |||||||
| 1 | updated, new, or amended policies, to the Illinois Liquor | ||||||
| 2 | Control Commission, and any University event, or location for | ||||||
| 3 | an event, exempted under such policies shall apply for a | ||||||
| 4 | license under the applicable Sections of this Act. | ||||||
| 5 | Alcoholic liquors may be served or sold in buildings under
| ||||||
| 6 | the control of the Board of Trustees of Northern Illinois | ||||||
| 7 | University
for events that the Board may determine are public
| ||||||
| 8 | events and not student-related activities. The Board of
| ||||||
| 9 | Trustees shall issue a written policy within 6 months after | ||||||
| 10 | June 28, 2011 (the
effective date of Public Act 97-45) | ||||||
| 11 | concerning the types of events that would be eligible
for an | ||||||
| 12 | exemption. Thereafter, the Board of Trustees may issue
revised, | ||||||
| 13 | updated, new, or amended policies as it deems
necessary and | ||||||
| 14 | appropriate. In preparing its written policy, the
Board of | ||||||
| 15 | Trustees shall, in addition to other factors it considers
| ||||||
| 16 | relevant and important, give consideration to the following:
| ||||||
| 17 | (i) whether the event is a student activity or student-related
| ||||||
| 18 | activity; (ii) whether the physical setting of the event is
| ||||||
| 19 | conducive to control of liquor sales and distribution; (iii)
| ||||||
| 20 | the ability of the event operator to ensure that the sale or
| ||||||
| 21 | serving of alcoholic liquors and the demeanor of the
| ||||||
| 22 | participants are in accordance with State law and University
| ||||||
| 23 | policies; (iv) the anticipated attendees at the
event and the | ||||||
| 24 | relative proportion of individuals under the age of
21 to | ||||||
| 25 | individuals age 21 or older; (v) the ability of the venue
| ||||||
| 26 | operator to prevent the sale or distribution of alcoholic
| ||||||
| |||||||
| |||||||
| 1 | liquors to individuals under the age of 21; (vi) whether the
| ||||||
| 2 | event prohibits participants from removing alcoholic beverages
| ||||||
| 3 | from the venue; and (vii) whether the event prohibits
| ||||||
| 4 | participants from providing their own alcoholic liquors to the
| ||||||
| 5 | venue. | ||||||
| 6 | Alcoholic liquors may be served or sold in buildings under | ||||||
| 7 | the control of the Board of Trustees of Chicago State | ||||||
| 8 | University for events that the Board may determine are public | ||||||
| 9 | events and not student-related activities. The Board of | ||||||
| 10 | Trustees shall issue a written policy within 6 months after | ||||||
| 11 | August 2, 2013 (the effective date of Public Act 98-132) | ||||||
| 12 | concerning the types of events that would be eligible for an | ||||||
| 13 | exemption. Thereafter, the Board of Trustees may issue revised, | ||||||
| 14 | updated, new, or amended policies as it deems necessary and | ||||||
| 15 | appropriate. In preparing its written policy, the Board of | ||||||
| 16 | Trustees shall, in addition to other factors it considers | ||||||
| 17 | relevant and important, give consideration to the following: | ||||||
| 18 | (i) whether the event is a student activity or student-related | ||||||
| 19 | activity; (ii) whether the physical setting of the event is | ||||||
| 20 | conducive to control of liquor sales and distribution; (iii) | ||||||
| 21 | the ability of the event operator to ensure that the sale or | ||||||
| 22 | serving of alcoholic liquors and the demeanor of the | ||||||
| 23 | participants are in accordance with State law and University | ||||||
| 24 | policies; (iv) the anticipated attendees at the event and the | ||||||
| 25 | relative proportion of individuals under the age of 21 to | ||||||
| 26 | individuals age 21 or older; (v) the ability of the venue | ||||||
| |||||||
| |||||||
| 1 | operator to prevent the sale or distribution of alcoholic | ||||||
| 2 | liquors to individuals under the age of 21; (vi) whether the | ||||||
| 3 | event prohibits participants from removing alcoholic beverages | ||||||
| 4 | from the venue; and (vii) whether the event prohibits | ||||||
| 5 | participants from providing their own alcoholic liquors to the | ||||||
| 6 | venue. | ||||||
| 7 | Alcoholic liquors may be served or sold in buildings under
| ||||||
| 8 | the control of the Board of Trustees of Illinois State | ||||||
| 9 | University
for events that the Board may determine are public
| ||||||
| 10 | events and not student-related activities. The Board of
| ||||||
| 11 | Trustees shall issue a written policy within 6 months after | ||||||
| 12 | March 1, 2013 (the effective date of Public Act 97-1166) this | ||||||
| 13 | amendatory Act of the 97th General Assembly concerning the | ||||||
| 14 | types of events that would be eligible
for an exemption. | ||||||
| 15 | Thereafter, the Board of Trustees may issue
revised, updated, | ||||||
| 16 | new, or amended policies as it deems
necessary and appropriate. | ||||||
| 17 | In preparing its written policy, the
Board of Trustees shall, | ||||||
| 18 | in addition to other factors it considers
relevant and | ||||||
| 19 | important, give consideration to the following:
(i) whether the | ||||||
| 20 | event is a student activity or student-related
activity; (ii) | ||||||
| 21 | whether the physical setting of the event is
conducive to | ||||||
| 22 | control of liquor sales and distribution; (iii)
the ability of | ||||||
| 23 | the event operator to ensure that the sale or
serving of | ||||||
| 24 | alcoholic liquors and the demeanor of the
participants are in | ||||||
| 25 | accordance with State law and University
policies; (iv) the | ||||||
| 26 | anticipated attendees at the
event and the relative proportion | ||||||
| |||||||
| |||||||
| 1 | of individuals under the age of
21 to individuals age 21 or | ||||||
| 2 | older; (v) the ability of the venue
operator to prevent the | ||||||
| 3 | sale or distribution of alcoholic
liquors to individuals under | ||||||
| 4 | the age of 21; (vi) whether the
event prohibits participants | ||||||
| 5 | from removing alcoholic beverages
from the venue; and (vii) | ||||||
| 6 | whether the event prohibits
participants from providing their | ||||||
| 7 | own alcoholic liquors to the
venue. | ||||||
| 8 | Alcoholic liquors may be served or sold in buildings under | ||||||
| 9 | the control of the Board of Trustees of Southern Illinois | ||||||
| 10 | University for events that the Board may determine are public | ||||||
| 11 | events and not student-related activities. The Board of | ||||||
| 12 | Trustees shall issue a written policy within 6 months after | ||||||
| 13 | August 12, 2016 (the effective date of Public Act 99-795) this | ||||||
| 14 | amendatory Act of the 99th General Assembly concerning the | ||||||
| 15 | types of events that would be eligible for an exemption. | ||||||
| 16 | Thereafter, the Board of Trustees may issue revised, updated, | ||||||
| 17 | new, or amended policies as it deems necessary and appropriate. | ||||||
| 18 | In preparing its written policy, the Board of Trustees shall, | ||||||
| 19 | in addition to other factors it considers relevant and | ||||||
| 20 | important, give consideration to the following: (i) whether the | ||||||
| 21 | event is a student activity or student-related activity; (ii) | ||||||
| 22 | whether the physical setting of the event is conducive to | ||||||
| 23 | control of liquor sales and distribution; (iii) the ability of | ||||||
| 24 | the event operator to ensure that the sale or serving of | ||||||
| 25 | alcoholic liquors and the demeanor of the participants are in | ||||||
| 26 | accordance with State law and University policies; (iv) the | ||||||
| |||||||
| |||||||
| 1 | anticipated attendees at the event and the relative proportion | ||||||
| 2 | of individuals under the age of 21 to individuals age 21 or | ||||||
| 3 | older; (v) the ability of the venue operator to prevent the | ||||||
| 4 | sale or distribution of alcoholic liquors to individuals under | ||||||
| 5 | the age of 21; (vi) whether the event prohibits participants | ||||||
| 6 | from removing alcoholic beverages from the venue; and (vii) | ||||||
| 7 | whether the event prohibits participants from providing their | ||||||
| 8 | own alcoholic liquors to the venue. | ||||||
| 9 | Alcoholic liquors may be served or sold in buildings under | ||||||
| 10 | the control of the Board of Trustees of a public university for | ||||||
| 11 | events that the Board of Trustees of that public university may | ||||||
| 12 | determine are public events and not student-related | ||||||
| 13 | activities. If the Board of Trustees of a public university has | ||||||
| 14 | not issued a written policy pursuant to an exemption under this | ||||||
| 15 | Section on or before July 15, 2016 (the effective date of | ||||||
| 16 | Public Act 99-550) this amendatory Act of the 99th General | ||||||
| 17 | Assembly, then that Board of Trustees shall issue a written | ||||||
| 18 | policy within 6 months after July 15, 2016 (the effective date | ||||||
| 19 | of Public Act 99-550) this amendatory Act of the 99th General | ||||||
| 20 | Assembly concerning the types of events that would be eligible | ||||||
| 21 | for an exemption. Thereafter, the Board of Trustees may issue | ||||||
| 22 | revised, updated, new, or amended policies as it deems | ||||||
| 23 | necessary and appropriate. In preparing its written policy, the | ||||||
| 24 | Board of Trustees shall, in addition to other factors it | ||||||
| 25 | considers relevant and important, give consideration to the | ||||||
| 26 | following: (i) whether the event is a student activity or | ||||||
| |||||||
| |||||||
| 1 | student-related activity; (ii) whether the physical setting of | ||||||
| 2 | the event is conducive to control of liquor sales and | ||||||
| 3 | distribution; (iii) the ability of the event operator to ensure | ||||||
| 4 | that the sale or serving of alcoholic liquors and the demeanor | ||||||
| 5 | of the participants are in accordance with State law and | ||||||
| 6 | University policies; (iv) the anticipated attendees at the | ||||||
| 7 | event and the relative proportion of individuals under the age | ||||||
| 8 | of 21 to individuals age 21 or older; (v) the ability of the | ||||||
| 9 | venue operator to prevent the sale or distribution of alcoholic | ||||||
| 10 | liquors to individuals under the age of 21; (vi) whether the | ||||||
| 11 | event prohibits participants from removing alcoholic beverages | ||||||
| 12 | from the venue; and (vii) whether the event prohibits | ||||||
| 13 | participants from providing their own alcoholic liquors to the | ||||||
| 14 | venue. As used in this paragraph, "public university" means the | ||||||
| 15 | University of Illinois, Illinois State University, Chicago | ||||||
| 16 | State University, Governors State University, Southern | ||||||
| 17 | Illinois University, Northern Illinois University, Eastern | ||||||
| 18 | Illinois University, Western Illinois University, and | ||||||
| 19 | Northeastern Illinois University. | ||||||
| 20 | Alcoholic liquors may be served or sold in buildings under | ||||||
| 21 | the control of the Board of Trustees of a community college | ||||||
| 22 | district for events that the Board of Trustees of that | ||||||
| 23 | community college district may determine are public events and | ||||||
| 24 | not student-related activities. The Board of Trustees shall | ||||||
| 25 | issue a written policy within 6 months after July 15, 2016 (the | ||||||
| 26 | effective date of Public Act 99-550) this amendatory Act of the | ||||||
| |||||||
| |||||||
| 1 | 99th General Assembly concerning the types of events that would | ||||||
| 2 | be eligible for an exemption. Thereafter, the Board of Trustees | ||||||
| 3 | may issue revised, updated, new, or amended policies as it | ||||||
| 4 | deems necessary and appropriate. In preparing its written | ||||||
| 5 | policy, the Board of Trustees shall, in addition to other | ||||||
| 6 | factors it considers relevant and important, give | ||||||
| 7 | consideration to the following: (i) whether the event is a | ||||||
| 8 | student activity or student-related activity; (ii) whether the | ||||||
| 9 | physical setting of the event is conducive to control of liquor | ||||||
| 10 | sales and distribution; (iii) the ability of the event operator | ||||||
| 11 | to ensure that the sale or serving of alcoholic liquors and the | ||||||
| 12 | demeanor of the participants are in accordance with State law | ||||||
| 13 | and community college district policies; (iv) the anticipated | ||||||
| 14 | attendees at the event and the relative proportion of | ||||||
| 15 | individuals under the age of 21 to individuals age 21 or older; | ||||||
| 16 | (v) the ability of the venue operator to prevent the sale or | ||||||
| 17 | distribution of alcoholic liquors to individuals under the age | ||||||
| 18 | of 21; (vi) whether the event prohibits participants from | ||||||
| 19 | removing alcoholic beverages from the venue; and (vii) whether | ||||||
| 20 | the event prohibits participants from providing their own | ||||||
| 21 | alcoholic liquors to the venue. This paragraph does not apply | ||||||
| 22 | to any community college district authorized to sell or serve | ||||||
| 23 | alcoholic liquor under any other provision of this Section. | ||||||
| 24 | Alcoholic liquor may be delivered to and sold at retail in | ||||||
| 25 | the
Dorchester Senior Business Center owned by the Village of | ||||||
| 26 | Dolton if the
alcoholic liquor is sold or dispensed only in | ||||||
| |||||||
| |||||||
| 1 | connection with organized
functions for which the planned | ||||||
| 2 | attendance is 20 or more persons, and if
the person or facility | ||||||
| 3 | selling or dispensing the alcoholic liquor has
provided dram | ||||||
| 4 | shop liability insurance in maximum limits so as to hold
| ||||||
| 5 | harmless the Village of Dolton and the State from all financial | ||||||
| 6 | loss,
damage and harm.
| ||||||
| 7 | Alcoholic liquors may be delivered to and sold at retail in | ||||||
| 8 | any
building used as an Illinois State Armory provided:
| ||||||
| 9 | (i) the Adjutant General's written consent to the | ||||||
| 10 | issuance of a
license to sell alcoholic liquor in such | ||||||
| 11 | building is filed with the
Commission;
| ||||||
| 12 | (ii) the alcoholic liquor is sold or dispensed only in | ||||||
| 13 | connection
with organized functions held on special | ||||||
| 14 | occasions;
| ||||||
| 15 | (iii) the organized function is one for which the | ||||||
| 16 | planned attendance
is 25 or more persons; and
| ||||||
| 17 | (iv) the facility selling or dispensing the alcoholic | ||||||
| 18 | liquors has
provided dram shop liability insurance in | ||||||
| 19 | maximum limits so as to save
harmless the facility and the | ||||||
| 20 | State from all financial loss, damage or harm.
| ||||||
| 21 | Alcoholic liquors may be delivered to and sold at retail in | ||||||
| 22 | the Chicago
Civic Center, provided that:
| ||||||
| 23 | (i) the written consent of the Public Building | ||||||
| 24 | Commission which
administers the Chicago Civic Center is | ||||||
| 25 | filed with the Commission;
| ||||||
| 26 | (ii) the alcoholic liquor is sold or dispensed only in | ||||||
| |||||||
| |||||||
| 1 | connection with
organized functions held on special | ||||||
| 2 | occasions;
| ||||||
| 3 | (iii) the organized function is one for which the | ||||||
| 4 | planned attendance is
25 or more persons;
| ||||||
| 5 | (iv) the facility selling or dispensing the alcoholic | ||||||
| 6 | liquors has
provided dram shop liability insurance in | ||||||
| 7 | maximum limits so as to hold
harmless the Civic Center, the | ||||||
| 8 | City of Chicago and the State from all
financial loss, | ||||||
| 9 | damage or harm; and
| ||||||
| 10 | (v) all applicable local ordinances are complied with.
| ||||||
| 11 | Alcoholic liquors may be delivered or sold in any building | ||||||
| 12 | belonging to
or under the control of any city, village or | ||||||
| 13 | incorporated town where more
than 75% of the physical | ||||||
| 14 | properties of the building is used for commercial
or | ||||||
| 15 | recreational purposes, and the building is located upon a pier | ||||||
| 16 | extending
into or over the waters of a navigable lake or stream | ||||||
| 17 | or on the shore of a
navigable lake or stream.
In accordance | ||||||
| 18 | with a license issued under this Act, alcoholic liquor may be | ||||||
| 19 | sold, served, or delivered in buildings and facilities under
| ||||||
| 20 | the control
of the Department of Natural Resources during | ||||||
| 21 | events or activities lasting no more than 7 continuous days | ||||||
| 22 | upon the written approval of the
Director of
Natural Resources | ||||||
| 23 | acting as the controlling government authority. The Director
of
| ||||||
| 24 | Natural Resources may specify conditions on that approval, | ||||||
| 25 | including but not
limited to
requirements for insurance and | ||||||
| 26 | hours of operation.
Notwithstanding any other provision of this | ||||||
| |||||||
| |||||||
| 1 | Act, alcoholic liquor sold by a
United States Army Corps of | ||||||
| 2 | Engineers or Department of Natural
Resources
concessionaire | ||||||
| 3 | who was operating on June 1, 1991 for on-premises consumption
| ||||||
| 4 | only is not subject to the provisions of Articles IV and IX. | ||||||
| 5 | Beer and wine
may be sold on the premises of the Joliet Park | ||||||
| 6 | District Stadium owned by
the Joliet Park District when written | ||||||
| 7 | consent to the issuance of a license
to sell beer and wine in | ||||||
| 8 | such premises is filed with the local liquor
commissioner by | ||||||
| 9 | the Joliet Park District. Beer and wine may be sold in
| ||||||
| 10 | buildings on the grounds of State veterans' homes when written | ||||||
| 11 | consent to
the issuance of a license to sell beer and wine in | ||||||
| 12 | such buildings is filed
with the Commission by the Department | ||||||
| 13 | of Veterans' Affairs, and the
facility shall provide dram shop | ||||||
| 14 | liability in maximum insurance coverage
limits so as to save | ||||||
| 15 | the facility harmless from all financial loss, damage
or harm. | ||||||
| 16 | Such liquors may be delivered to and sold at any property owned | ||||||
| 17 | or
held under lease by a Metropolitan Pier and Exposition | ||||||
| 18 | Authority or
Metropolitan Exposition and Auditorium Authority.
| ||||||
| 19 | Beer and wine may be sold and dispensed at professional | ||||||
| 20 | sporting events
and at professional concerts and other | ||||||
| 21 | entertainment events conducted on
premises owned by the Forest | ||||||
| 22 | Preserve District of Kane County, subject to
the control of the | ||||||
| 23 | District Commissioners and applicable local law,
provided that | ||||||
| 24 | dram shop liability insurance is provided at maximum coverage
| ||||||
| 25 | limits so as to hold the District harmless from all financial | ||||||
| 26 | loss, damage
and harm.
| ||||||
| |||||||
| |||||||
| 1 | Nothing in this Section shall preclude the sale or delivery | ||||||
| 2 | of beer and
wine at a State or county fair or the sale or | ||||||
| 3 | delivery of beer or wine at a
city fair in any otherwise lawful | ||||||
| 4 | manner.
| ||||||
| 5 | Alcoholic liquors may be sold at retail in buildings in | ||||||
| 6 | State parks
under the control of the Department of Natural | ||||||
| 7 | Resources,
provided:
| ||||||
| 8 | a. the State park has overnight lodging facilities with | ||||||
| 9 | some
restaurant facilities or, not having overnight | ||||||
| 10 | lodging facilities, has
restaurant facilities which serve | ||||||
| 11 | complete luncheon and dinner or
supper meals,
| ||||||
| 12 | b. (blank), and
| ||||||
| 13 | c. the alcoholic liquors are sold by the State park | ||||||
| 14 | lodge or
restaurant concessionaire only during the hours | ||||||
| 15 | from 11 o'clock a.m. until
12 o'clock midnight. | ||||||
| 16 | Notwithstanding any other provision of this Act,
alcoholic | ||||||
| 17 | liquor sold by the State park or restaurant concessionaire | ||||||
| 18 | is not
subject to the provisions of Articles IV and IX.
| ||||||
| 19 | Alcoholic liquors may be sold at retail in buildings on | ||||||
| 20 | properties
under the control of the Historic Sites and | ||||||
| 21 | Preservation Division of the
Historic Preservation
Agency or | ||||||
| 22 | the Abraham Lincoln Presidential Library and Museum provided:
| ||||||
| 23 | a. the property has overnight lodging facilities with | ||||||
| 24 | some restaurant
facilities or, not having overnight | ||||||
| 25 | lodging facilities, has restaurant
facilities which serve | ||||||
| 26 | complete luncheon and dinner or supper meals,
| ||||||
| |||||||
| |||||||
| 1 | b. consent to the issuance of a license to sell | ||||||
| 2 | alcoholic liquors in
the buildings has been filed with the | ||||||
| 3 | commission by the Historic Sites and
Preservation Division
| ||||||
| 4 | of the Historic
Preservation Agency or the Abraham Lincoln | ||||||
| 5 | Presidential Library and Museum,
and
| ||||||
| 6 | c. the alcoholic liquors are sold by the lodge or | ||||||
| 7 | restaurant
concessionaire only during the hours from 11 | ||||||
| 8 | o'clock a.m. until 12 o'clock
midnight.
| ||||||
| 9 | The sale of alcoholic liquors pursuant to this Section does | ||||||
| 10 | not
authorize the establishment and operation of facilities | ||||||
| 11 | commonly called
taverns, saloons, bars, cocktail lounges, and | ||||||
| 12 | the like except as a part
of lodge and restaurant facilities in | ||||||
| 13 | State parks or golf courses owned
by Forest Preserve Districts | ||||||
| 14 | with a population of less than 3,000,000 or
municipalities or | ||||||
| 15 | park districts.
| ||||||
| 16 | Alcoholic liquors may be sold at retail in the Springfield
| ||||||
| 17 | Administration Building of the Department of Transportation | ||||||
| 18 | and the
Illinois State Armory in Springfield; provided, that | ||||||
| 19 | the controlling
government authority may consent to such sales | ||||||
| 20 | only if
| ||||||
| 21 | a. the request is from a not-for-profit organization;
| ||||||
| 22 | b. such sales would not impede normal operations of the | ||||||
| 23 | departments
involved;
| ||||||
| 24 | c. the not-for-profit organization provides dram shop | ||||||
| 25 | liability in
maximum insurance coverage limits and agrees | ||||||
| 26 | to defend, save harmless
and indemnify the State of | ||||||
| |||||||
| |||||||
| 1 | Illinois from all financial loss, damage or harm;
| ||||||
| 2 | d. no such sale shall be made during normal working | ||||||
| 3 | hours of the
State of Illinois; and
| ||||||
| 4 | e. the consent is in writing.
| ||||||
| 5 | Alcoholic liquors may be sold at retail in buildings in | ||||||
| 6 | recreational
areas of river conservancy districts under the | ||||||
| 7 | control of, or leased
from, the river conservancy districts. | ||||||
| 8 | Such sales are subject to
reasonable local regulations as | ||||||
| 9 | provided in Article IV; however, no such
regulations may | ||||||
| 10 | prohibit or substantially impair the sale of alcoholic
liquors | ||||||
| 11 | on Sundays or Holidays.
| ||||||
| 12 | Alcoholic liquors may be provided in long term care | ||||||
| 13 | facilities owned or
operated by a county under Division 5-21 or | ||||||
| 14 | 5-22 of the Counties Code,
when approved by the facility | ||||||
| 15 | operator and not in conflict
with the regulations of the | ||||||
| 16 | Illinois Department of Public Health, to
residents of the | ||||||
| 17 | facility who have had their consumption of the alcoholic
| ||||||
| 18 | liquors provided approved in writing by a physician licensed to | ||||||
| 19 | practice
medicine in all its branches.
| ||||||
| 20 | Alcoholic liquors may be delivered to and dispensed in | ||||||
| 21 | State housing
assigned to employees of the Department of | ||||||
| 22 | Corrections.
No person shall furnish or allow to be furnished | ||||||
| 23 | any alcoholic
liquors to any prisoner confined in any jail, | ||||||
| 24 | reformatory, prison or house
of correction except upon a | ||||||
| 25 | physician's prescription for medicinal purposes.
| ||||||
| 26 | Alcoholic liquors may be sold at retail or dispensed at the | ||||||
| |||||||
| |||||||
| 1 | Willard Ice
Building in Springfield, at the State Library in | ||||||
| 2 | Springfield, and at
Illinois State Museum facilities by (1) an
| ||||||
| 3 | agency of the State, whether legislative, judicial or | ||||||
| 4 | executive, provided
that such agency first obtains written | ||||||
| 5 | permission to sell or dispense
alcoholic liquors from the | ||||||
| 6 | controlling government authority, or by (2) a
not-for-profit | ||||||
| 7 | organization, provided that such organization:
| ||||||
| 8 | a. Obtains written consent from the controlling | ||||||
| 9 | government authority;
| ||||||
| 10 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
| 11 | that does not
impair normal operations of State offices | ||||||
| 12 | located in the building;
| ||||||
| 13 | c. Sells or dispenses alcoholic liquors only in | ||||||
| 14 | connection with an
official activity in the building;
| ||||||
| 15 | d. Provides, or its catering service provides, dram | ||||||
| 16 | shop liability
insurance in maximum coverage limits and in | ||||||
| 17 | which the carrier agrees to
defend, save harmless and | ||||||
| 18 | indemnify the State of Illinois from all
financial loss, | ||||||
| 19 | damage or harm arising out of the selling or dispensing of
| ||||||
| 20 | alcoholic liquors.
| ||||||
| 21 | Nothing in this Act shall prevent a not-for-profit | ||||||
| 22 | organization or agency
of the State from employing the services | ||||||
| 23 | of a catering establishment for
the selling or dispensing of | ||||||
| 24 | alcoholic liquors at authorized functions.
| ||||||
| 25 | The controlling government authority for the Willard Ice | ||||||
| 26 | Building in
Springfield shall be the Director of the Department | ||||||
| |||||||
| |||||||
| 1 | of Revenue. The
controlling government authority for Illinois | ||||||
| 2 | State Museum facilities shall
be the Director of the Illinois | ||||||
| 3 | State Museum. The controlling government
authority for the | ||||||
| 4 | State Library in Springfield shall be the Secretary of State.
| ||||||
| 5 | Alcoholic liquors may be delivered to and sold at retail or | ||||||
| 6 | dispensed
at any facility, property or building under the | ||||||
| 7 | jurisdiction of the
Historic Sites and Preservation Division of | ||||||
| 8 | the
Historic Preservation Agency
or the Abraham
Lincoln | ||||||
| 9 | Presidential Library and Museum
where the delivery, sale or
| ||||||
| 10 | dispensing is by (1)
an agency of the State, whether | ||||||
| 11 | legislative, judicial or executive,
provided that such agency | ||||||
| 12 | first obtains written permission to sell or
dispense alcoholic | ||||||
| 13 | liquors from a controlling government authority, or by (2) an | ||||||
| 14 | individual or organization provided that such individual or | ||||||
| 15 | organization:
| ||||||
| 16 | a. Obtains written consent from the controlling | ||||||
| 17 | government authority;
| ||||||
| 18 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
| 19 | that does not
impair normal workings of State offices or | ||||||
| 20 | operations located at the
facility, property or building;
| ||||||
| 21 | c. Sells or dispenses alcoholic liquors only in | ||||||
| 22 | connection with an
official activity of the individual or | ||||||
| 23 | organization in the facility,
property or building;
| ||||||
| 24 | d. Provides, or its catering service provides, dram | ||||||
| 25 | shop liability
insurance in maximum coverage limits and in | ||||||
| 26 | which the carrier agrees to
defend, save harmless and | ||||||
| |||||||
| |||||||
| 1 | indemnify the State of Illinois from all
financial loss, | ||||||
| 2 | damage or harm arising out of the selling or dispensing of
| ||||||
| 3 | alcoholic liquors.
| ||||||
| 4 | The controlling government authority for the
Historic | ||||||
| 5 | Sites and Preservation Division of the
Historic Preservation | ||||||
| 6 | Agency
shall be the Director of the Historic Sites and | ||||||
| 7 | Preservation, and the
controlling
government authority for the | ||||||
| 8 | Abraham Lincoln Presidential Library and Museum
shall be the | ||||||
| 9 | Director of the Abraham Lincoln Presidential Library and | ||||||
| 10 | Museum.
| ||||||
| 11 | Alcoholic liquors may be delivered to and sold at retail or | ||||||
| 12 | dispensed for
consumption at the Michael Bilandic Building at | ||||||
| 13 | 160 North LaSalle Street,
Chicago IL 60601, after the normal | ||||||
| 14 | business hours of any day care or child care
facility located | ||||||
| 15 | in the building, by (1) a commercial tenant or subtenant
| ||||||
| 16 | conducting business on the premises under a lease made pursuant | ||||||
| 17 | to Section
405-315 of the Department of Central Management | ||||||
| 18 | Services Law (20 ILCS
405/405-315), provided that such tenant | ||||||
| 19 | or subtenant who accepts delivery of,
sells, or dispenses | ||||||
| 20 | alcoholic liquors shall procure and maintain dram shop
| ||||||
| 21 | liability insurance in maximum coverage limits and in which the | ||||||
| 22 | carrier
agrees to defend, indemnify, and save harmless the | ||||||
| 23 | State of Illinois from
all financial loss, damage, or harm | ||||||
| 24 | arising out of the delivery, sale, or
dispensing of alcoholic | ||||||
| 25 | liquors, or by (2) an agency of the State, whether
legislative, | ||||||
| 26 | judicial, or executive, provided that such agency first obtains
| ||||||
| |||||||
| |||||||
| 1 | written permission to accept delivery of and sell or dispense | ||||||
| 2 | alcoholic liquors
from the Director of Central Management | ||||||
| 3 | Services, or by (3) a not-for-profit
organization, provided | ||||||
| 4 | that such organization:
| ||||||
| 5 | a. obtains written consent from the Department of | ||||||
| 6 | Central Management
Services;
| ||||||
| 7 | b. accepts delivery of and sells or dispenses the | ||||||
| 8 | alcoholic liquors in a
manner that does not impair normal | ||||||
| 9 | operations of State offices located in the
building;
| ||||||
| 10 | c. accepts delivery of and sells or dispenses alcoholic | ||||||
| 11 | liquors only in
connection with an official activity in the | ||||||
| 12 | building; and
| ||||||
| 13 | d. provides, or its catering service provides, dram | ||||||
| 14 | shop liability
insurance in maximum coverage limits and in | ||||||
| 15 | which the carrier agrees to
defend, save harmless, and | ||||||
| 16 | indemnify the State of Illinois from all
financial loss, | ||||||
| 17 | damage, or harm arising out of the selling or dispensing of
| ||||||
| 18 | alcoholic liquors.
| ||||||
| 19 | Nothing in this Act shall prevent a not-for-profit | ||||||
| 20 | organization or agency
of the State from employing the services | ||||||
| 21 | of a catering establishment for
the selling or dispensing of | ||||||
| 22 | alcoholic liquors at functions authorized by
the Director of | ||||||
| 23 | Central Management Services.
| ||||||
| 24 | Alcoholic liquors may be sold at retail or dispensed at the | ||||||
| 25 | James R.
Thompson Center in Chicago, subject to the provisions | ||||||
| 26 | of Section 7.4 of the
State Property Control Act, and 222 South | ||||||
| |||||||
| |||||||
| 1 | College Street in Springfield,
Illinois by (1) a commercial | ||||||
| 2 | tenant or subtenant conducting business on the
premises under a | ||||||
| 3 | lease or sublease made pursuant to Section 405-315 of the
| ||||||
| 4 | Department of Central Management Services Law (20 ILCS | ||||||
| 5 | 405/405-315), provided
that such tenant or subtenant who
sells | ||||||
| 6 | or dispenses alcoholic liquors shall procure and maintain dram | ||||||
| 7 | shop
liability insurance in maximum coverage limits and in | ||||||
| 8 | which the carrier
agrees to defend, indemnify and save harmless | ||||||
| 9 | the State of Illinois from
all financial loss, damage or harm | ||||||
| 10 | arising out of the sale or dispensing of
alcoholic liquors, or | ||||||
| 11 | by (2) an agency of the State, whether legislative,
judicial or | ||||||
| 12 | executive, provided that such agency first obtains written
| ||||||
| 13 | permission to sell or dispense alcoholic liquors from the | ||||||
| 14 | Director of
Central Management Services, or by (3) a | ||||||
| 15 | not-for-profit organization,
provided that such organization:
| ||||||
| 16 | a. Obtains written consent from the Department of | ||||||
| 17 | Central Management
Services;
| ||||||
| 18 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
| 19 | that does not
impair normal operations of State offices | ||||||
| 20 | located in the building;
| ||||||
| 21 | c. Sells or dispenses alcoholic liquors only in | ||||||
| 22 | connection with an
official activity in the building;
| ||||||
| 23 | d. Provides, or its catering service provides, dram | ||||||
| 24 | shop liability
insurance in maximum coverage limits and in | ||||||
| 25 | which the carrier agrees to
defend, save harmless and | ||||||
| 26 | indemnify the State of Illinois from all
financial loss, | ||||||
| |||||||
| |||||||
| 1 | damage or harm arising out of the selling or dispensing of
| ||||||
| 2 | alcoholic liquors.
| ||||||
| 3 | Nothing in this Act shall prevent a not-for-profit | ||||||
| 4 | organization or agency
of the State from employing the services | ||||||
| 5 | of a catering establishment for
the selling or dispensing of | ||||||
| 6 | alcoholic liquors at functions authorized by
the Director of | ||||||
| 7 | Central Management Services.
| ||||||
| 8 | Alcoholic liquors may be sold or delivered at any facility | ||||||
| 9 | owned by the
Illinois Sports Facilities Authority provided that | ||||||
| 10 | dram shop liability
insurance has been made available in a | ||||||
| 11 | form, with such coverage and in such
amounts as the Authority | ||||||
| 12 | reasonably determines is necessary.
| ||||||
| 13 | Alcoholic liquors may be sold at retail or dispensed at the | ||||||
| 14 | Rockford
State Office Building by (1) an agency of the State, | ||||||
| 15 | whether legislative,
judicial or executive, provided that such | ||||||
| 16 | agency first obtains written
permission to sell or dispense | ||||||
| 17 | alcoholic liquors from the Department of
Central Management | ||||||
| 18 | Services, or by (2) a not-for-profit organization,
provided | ||||||
| 19 | that such organization:
| ||||||
| 20 | a. Obtains written consent from the Department of | ||||||
| 21 | Central Management
Services;
| ||||||
| 22 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
| 23 | that does not
impair normal operations of State offices | ||||||
| 24 | located in the building;
| ||||||
| 25 | c. Sells or dispenses alcoholic liquors only in | ||||||
| 26 | connection with an
official activity in the building;
| ||||||
| |||||||
| |||||||
| 1 | d. Provides, or its catering service provides, dram | ||||||
| 2 | shop liability
insurance in maximum coverage limits and in | ||||||
| 3 | which the carrier agrees to defend,
save harmless and | ||||||
| 4 | indemnify the State of Illinois from all financial loss,
| ||||||
| 5 | damage or harm arising out of the selling or dispensing of | ||||||
| 6 | alcoholic liquors.
| ||||||
| 7 | Nothing in this Act shall prevent a not-for-profit | ||||||
| 8 | organization or agency
of the State from employing the services | ||||||
| 9 | of a catering establishment for
the selling or dispensing of | ||||||
| 10 | alcoholic liquors at functions authorized by
the Department of | ||||||
| 11 | Central Management Services.
| ||||||
| 12 | Alcoholic liquors may be sold or delivered in a building | ||||||
| 13 | that is owned
by McLean County, situated on land owned by the | ||||||
| 14 | county in the City of
Bloomington, and used by the McLean | ||||||
| 15 | County Historical Society if the sale
or delivery is approved | ||||||
| 16 | by an ordinance adopted by the county board, and
the | ||||||
| 17 | municipality in which the building is located may not prohibit | ||||||
| 18 | that
sale or delivery, notwithstanding any other provision of | ||||||
| 19 | this Section. The
regulation of the sale and delivery of | ||||||
| 20 | alcoholic liquor in a building that
is owned by McLean County, | ||||||
| 21 | situated on land owned by the county, and used
by the McLean | ||||||
| 22 | County Historical Society as provided in this paragraph is an
| ||||||
| 23 | exclusive power and function of the State and is a denial and | ||||||
| 24 | limitation
under Article VII, Section 6, subsection (h) of the | ||||||
| 25 | Illinois Constitution
of the power of a home rule municipality | ||||||
| 26 | to regulate that sale and delivery.
| ||||||
| |||||||
| |||||||
| 1 | Alcoholic liquors may be sold or delivered in any building | ||||||
| 2 | situated on
land held in trust for any school district | ||||||
| 3 | organized under Article 34 of
the School Code, if the building | ||||||
| 4 | is not used for school purposes and if the
sale or delivery is | ||||||
| 5 | approved by the board of education.
| ||||||
| 6 | Alcoholic liquors may be delivered to and sold at retail in | ||||||
| 7 | any building owned by a public library district, provided that | ||||||
| 8 | the delivery and sale is approved by the board of trustees of | ||||||
| 9 | that public library district and is limited to library | ||||||
| 10 | fundraising events or programs of a cultural or educational | ||||||
| 11 | nature. Before the board of trustees of a public library | ||||||
| 12 | district may approve the delivery and sale of alcoholic | ||||||
| 13 | liquors, the board of trustees of the public library district | ||||||
| 14 | must have a written policy that has been approved by the board | ||||||
| 15 | of trustees of the public library district governing when and | ||||||
| 16 | under what circumstances alcoholic liquors may be delivered to | ||||||
| 17 | and sold at retail on property owned by that public library | ||||||
| 18 | district. The written policy must (i) provide that no alcoholic | ||||||
| 19 | liquor may be sold, distributed, or consumed in any area of the | ||||||
| 20 | library accessible to the general public during the event or | ||||||
| 21 | program, (ii) prohibit the removal of alcoholic liquor from the | ||||||
| 22 | venue during the event, and (iii) require that steps be taken | ||||||
| 23 | to prevent the sale or distribution of alcoholic liquor to | ||||||
| 24 | persons under the age of 21. Any public library district that | ||||||
| 25 | has alcoholic liquor delivered to or sold at retail on property | ||||||
| 26 | owned by the public library district shall provide dram shop | ||||||
| |||||||
| |||||||
| 1 | liability insurance in maximum insurance coverage limits so as | ||||||
| 2 | to save harmless the public library districts from all | ||||||
| 3 | financial loss, damage, or harm. | ||||||
| 4 | Alcoholic liquors may be sold or delivered in buildings | ||||||
| 5 | owned
by the Community Building Complex Committee of Boone | ||||||
| 6 | County,
Illinois if the person or facility selling or | ||||||
| 7 | dispensing the
alcoholic liquor has provided dram shop | ||||||
| 8 | liability insurance with coverage and
in amounts that the | ||||||
| 9 | Committee reasonably determines are necessary.
| ||||||
| 10 | Alcoholic liquors may be sold or delivered in the building | ||||||
| 11 | located at
1200 Centerville Avenue in Belleville, Illinois and | ||||||
| 12 | occupied by either the
Belleville Area Special Education | ||||||
| 13 | District or the Belleville Area Special
Services
Cooperative. | ||||||
| 14 | Alcoholic liquors may be delivered to and sold at the Louis | ||||||
| 15 | Joliet
Renaissance Center, City Center Campus, located at 214 | ||||||
| 16 | N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts | ||||||
| 17 | Department facilities, Main Campus, located at
1215 Houbolt | ||||||
| 18 | Road, Joliet, owned by or under the control of Joliet Junior
| ||||||
| 19 | College,
Illinois Community College District No. 525.
| ||||||
| 20 | Alcoholic liquors may be delivered to and sold at Triton | ||||||
| 21 | College, Illinois Community College District No. 504. | ||||||
| 22 | Alcoholic liquors may be delivered to and sold at the | ||||||
| 23 | College of DuPage, Illinois Community College District No. 502. | ||||||
| 24 | Alcoholic liquors may be delivered to and sold on any | ||||||
| 25 | property owned, operated, or controlled by Lewis and Clark | ||||||
| 26 | Community College, Illinois Community College District No. | ||||||
| |||||||
| |||||||
| 1 | 536. | ||||||
| 2 | Alcoholic liquors may be delivered to and sold at the | ||||||
| 3 | building located at 446 East Hickory Avenue in Apple River, | ||||||
| 4 | Illinois, owned by the Apple River Fire Protection District, | ||||||
| 5 | and occupied by the Apple River Community Association if the | ||||||
| 6 | alcoholic liquor is sold or dispensed only in connection with | ||||||
| 7 | organized functions approved by the Apple River Community | ||||||
| 8 | Association for which the planned attendance is 20 or more | ||||||
| 9 | persons and if the person or facility selling or dispensing the | ||||||
| 10 | alcoholic liquor has provided dram shop liability insurance in | ||||||
| 11 | maximum limits so as to hold harmless the Apple River Fire | ||||||
| 12 | Protection District, the Village of Apple River, and the Apple | ||||||
| 13 | River Community Association from all financial loss, damage, | ||||||
| 14 | and harm. | ||||||
| 15 | Alcoholic liquors may be delivered to and sold at the Sikia | ||||||
| 16 | Restaurant, Kennedy King College Campus, located at 740 West | ||||||
| 17 | 63rd Street, Chicago, and at the Food Services in the Great | ||||||
| 18 | Hall/Washburne Culinary Institute Department facility, Kennedy | ||||||
| 19 | King College Campus, located at 740 West 63rd Street, Chicago, | ||||||
| 20 | owned by or under the control of City Colleges of Chicago, | ||||||
| 21 | Illinois Community College District No. 508.
| ||||||
| 22 | (Source: P.A. 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; 98-692, | ||||||
| 23 | eff. 7-1-14; 98-756, eff. 7-16-14; 98-1092, eff. 8-26-14; | ||||||
| 24 | 99-78, eff. 7-20-15; 99-484, eff. 10-30-15; 99-550, eff. | ||||||
| 25 | 7-15-16; 99-559, eff. 7-15-16; 99-795, eff. 8-12-16; revised | ||||||
| 26 | 9-16-16.)
| ||||||
| |||||||
| |||||||
| 1 | (235 ILCS 5/6-28.5) | ||||||
| 2 | Sec. 6-28.5. Permitted happy hours and meal packages, party | ||||||
| 3 | packages, and entertainment packages. | ||||||
| 4 | (a) As used in this Section: | ||||||
| 5 | "Dedicated event space" means a room or rooms or other | ||||||
| 6 | clearly delineated space within a retail licensee's premises | ||||||
| 7 | that is reserved for the exclusive use of party package | ||||||
| 8 | invitees during the entirety of a party package. Furniture, | ||||||
| 9 | stanchions and ropes, or other room dividers may be used to | ||||||
| 10 | clearly delineate a dedicated event space. | ||||||
| 11 | "Meal package" means a food and beverage package, which may | ||||||
| 12 | or may not include entertainment, where the service of | ||||||
| 13 | alcoholic liquor is an accompaniment to the food, including, | ||||||
| 14 | but not limited to, a meal, tour, tasting, or any combination | ||||||
| 15 | thereof for a fixed price by a retail licensee or any other | ||||||
| 16 | licensee operating within a sports facility, restaurant, | ||||||
| 17 | winery, brewery, or distillery. | ||||||
| 18 | "Party package" means a private party, function, or event | ||||||
| 19 | for a specific social or business occasion, either arranged by | ||||||
| 20 | invitation or reservation for a defined number of individuals, | ||||||
| 21 | that is not open to the general public and where attendees are | ||||||
| 22 | served both food and alcohol for a fixed price in a dedicated | ||||||
| 23 | event space. | ||||||
| 24 | (b) A retail licensee may: | ||||||
| 25 | (1) offer free food or entertainment at any time; | ||||||
| |||||||
| |||||||
| 1 | (2) include drinks of alcoholic liquor as part of a | ||||||
| 2 | meal package; | ||||||
| 3 | (3) sell or offer for sale a party package only if the | ||||||
| 4 | retail licensee: | ||||||
| 5 | (A) offers food in the dedicated event space; | ||||||
| 6 | (B) limits the party package to no more than 3 | ||||||
| 7 | hours; | ||||||
| 8 | (C) distributes wristbands, lanyards, shirts, or | ||||||
| 9 | any other such wearable items to identify party package | ||||||
| 10 | attendees so the attendees may be granted access to the | ||||||
| 11 | dedicated event space; and | ||||||
| 12 | (D) excludes individuals not participating in the | ||||||
| 13 | party package from the dedicated event space; | ||||||
| 14 | (4) include drinks of alcoholic liquor as part of a | ||||||
| 15 | hotel package; | ||||||
| 16 | (5) negotiate drinks of alcoholic liquor as part of a | ||||||
| 17 | hotel package; | ||||||
| 18 | (6) provide room service to persons renting rooms at a | ||||||
| 19 | hotel; | ||||||
| 20 | (7) sell pitchers (or the equivalent, including, but | ||||||
| 21 | not limited to, buckets of bottled beer), carafes, or | ||||||
| 22 | bottles of alcoholic liquor which are customarily sold in | ||||||
| 23 | such manner, or sell bottles of spirits; | ||||||
| 24 | (8) advertise events permitted under this Section; | ||||||
| 25 | (9) include drinks of alcoholic liquor as part of an | ||||||
| 26 | entertainment package where the licensee is separately | ||||||
| |||||||
| |||||||
| 1 | licensed by a municipal ordinance that (A) restricts dates | ||||||
| 2 | of operation to dates during which there is an event at an | ||||||
| 3 | adjacent stadium, (B) restricts hours of serving alcoholic | ||||||
| 4 | liquor to 2 hours before the event and one hour after the | ||||||
| 5 | event, (C) restricts alcoholic liquor sales to beer and | ||||||
| 6 | wine, (D) requires tickets for admission to the | ||||||
| 7 | establishment, and (E) prohibits sale of admission tickets | ||||||
| 8 | on the day of an event and permits the sale of admission | ||||||
| 9 | tickets for single events only; and | ||||||
| 10 | (10) discount any drink of alcoholic liquor during a | ||||||
| 11 | specified time period only if: | ||||||
| 12 | (A) the price of the drink of alcoholic liquor is | ||||||
| 13 | not changed during the time that it is discounted; | ||||||
| 14 | (B) the period of time during which any drink of | ||||||
| 15 | alcoholic liquor is discounted does not exceed 4 hours | ||||||
| 16 | per day and 15 hours per week; however, this period of | ||||||
| 17 | time is not required to be consecutive and may be | ||||||
| 18 | divided by the licensee in any manner; | ||||||
| 19 | (C) the drink of alcoholic liquor is not discounted | ||||||
| 20 | between the hours of 10:00 p.m. and the licensed | ||||||
| 21 | premises' closing hour; and | ||||||
| 22 | (D) notice of the discount of the drink of | ||||||
| 23 | alcoholic liquor during a specified time is posted on | ||||||
| 24 | the licensed premises or on the licensee's publicly | ||||||
| 25 | available website at least 7 days prior to the | ||||||
| 26 | specified time. | ||||||
| |||||||
| |||||||
| 1 | (c) (b) A violation of this Section shall be grounds for | ||||||
| 2 | suspension or revocation of the retailer's license as provided | ||||||
| 3 | by this Act. The State Commission may not enforce any trade | ||||||
| 4 | practice policy or other rule that was not adopted in | ||||||
| 5 | accordance with the Illinois Administrative Procedure Act. | ||||||
| 6 | (d) (c) All licensees affected by this Section must also | ||||||
| 7 | comply with Sections 6-16, 6-21, and 6-27.1 of this Act.
| ||||||
| 8 | (Source: P.A. 99-46, eff. 7-15-15; revised 9-13-16.)
| ||||||
| 9 | Section 575. The Illinois Public Aid Code is amended by | ||||||
| 10 | changing Sections 4-1.7, 5-5, 5-30.1, 10-15.1, 10-17.3, | ||||||
| 11 | 10-17.14, 10-24.50, 11-9, 12-4.42, 16-2, and 16-5 and by | ||||||
| 12 | setting forth and renumbering multiple versions of Section | ||||||
| 13 | 5-30.3 as follows:
| ||||||
| 14 | (305 ILCS 5/4-1.7) (from Ch. 23, par. 4-1.7)
| ||||||
| 15 | Sec. 4-1.7. Enforcement of Parental Child Support | ||||||
| 16 | Obligation.
If the parent or parents of the child are failing | ||||||
| 17 | to meet or are delinquent
in their legal obligation to support | ||||||
| 18 | the child, the parent or other person
having custody of the | ||||||
| 19 | child or the Department of Healthcare and Family Services may
| ||||||
| 20 | request the law enforcement officer authorized or directed by | ||||||
| 21 | law to so act
to file an action for the enforcement of such | ||||||
| 22 | remedies as the law provides for
the fulfillment of the child | ||||||
| 23 | support obligation.
| ||||||
| 24 | If a parent has a judicial remedy against the other parent | ||||||
| |||||||
| |||||||
| 1 | to compel child
support, or if, as the result of an action | ||||||
| 2 | initiated by or in behalf of one
parent against the other, a | ||||||
| 3 | child support order has been entered in respect to
which there | ||||||
| 4 | is noncompliance or delinquency, or where the order so entered | ||||||
| 5 | may
be changed upon petition to the court to provide additional | ||||||
| 6 | support, the parent
or other person having custody of the child | ||||||
| 7 | or the Department of Healthcare and Family Services may request | ||||||
| 8 | the appropriate law enforcement officer to seek
enforcement of | ||||||
| 9 | the remedy, or of the support order, or a change therein to
| ||||||
| 10 | provide additional support. If the law enforcement officer is | ||||||
| 11 | not authorized
by law to so act in these instances, the parent, | ||||||
| 12 | or if so authorized by law the
other person having custody of | ||||||
| 13 | the child, or the Department of Healthcare and Family Services | ||||||
| 14 | may initiate an action to enforce these remedies.
| ||||||
| 15 | A parent or other person having custody of the child must
| ||||||
| 16 | comply with the requirements of Title IV of the federal Social
| ||||||
| 17 | Security Act, and the regulations duly promulgated thereunder,
| ||||||
| 18 | and any rules promulgated by the Illinois Department regarding | ||||||
| 19 | enforcement
of the child support obligation. The
Department of | ||||||
| 20 | Healthcare and Family Services
and the Department of Human | ||||||
| 21 | Services may provide by rule for the
grant or continuation of | ||||||
| 22 | aid to the person for a temporary period if he
or she accepts | ||||||
| 23 | counseling or other services designed to increase his
or her | ||||||
| 24 | motivation to seek enforcement of the child support obligation.
| ||||||
| 25 | In addition to any other definition of failure or refusal | ||||||
| 26 | to comply
with the requirements of Title IV of the federal | ||||||
| |||||||
| |||||||
| 1 | Social Security Act, or
Illinois Department rule, in
the case | ||||||
| 2 | of failure to attend court hearings, the parent or other person
| ||||||
| 3 | can show cooperation by attending a court hearing or, if a | ||||||
| 4 | court hearing
cannot be scheduled within 14 days following the | ||||||
| 5 | court hearing that was
missed, by signing a statement that the | ||||||
| 6 | parent or other person is now
willing to cooperate in the child | ||||||
| 7 | support enforcement process and will
appear at any later | ||||||
| 8 | scheduled court date. The parent or other person can
show | ||||||
| 9 | cooperation by signing such a statement only once. If failure | ||||||
| 10 | to
attend the court hearing or other failure to cooperate | ||||||
| 11 | results in the case
being dismissed, such a statement may be | ||||||
| 12 | signed after 2 months.
| ||||||
| 13 | No denial or termination of medical assistance pursuant to | ||||||
| 14 | this Section
shall commence during pregnancy of the parent or | ||||||
| 15 | other person having custody
of the child or for 30 days after | ||||||
| 16 | the termination of such pregnancy. The
termination of medical | ||||||
| 17 | assistance may commence thereafter if the
Department of | ||||||
| 18 | Healthcare and Family Services determines that the failure or | ||||||
| 19 | refusal to comply
with this Section persists. Postponement of | ||||||
| 20 | denial or termination of medical
assistance during pregnancy | ||||||
| 21 | under this paragraph shall be effective only to
the extent it | ||||||
| 22 | does not conflict with federal law or regulation.
| ||||||
| 23 | Any evidence a parent or other person having custody of the | ||||||
| 24 | child
gives in order to comply with the requirements of this | ||||||
| 25 | Section shall not
render him or her liable to prosecution under | ||||||
| 26 | Section 11-35 or 11-40 of the
Criminal Code of 2012.
| ||||||
| |||||||
| |||||||
| 1 | When so requested, the Department of Healthcare and Family | ||||||
| 2 | Services and the Department
of Human Services shall provide | ||||||
| 3 | such services and assistance as the law
enforcement officer may | ||||||
| 4 | require in connection with the filing of any action
hereunder.
| ||||||
| 5 | The Department of Healthcare and Family Services and the | ||||||
| 6 | Department of Human Services, as an expense of administration, | ||||||
| 7 | may also provide applicants for and
recipients of aid with such | ||||||
| 8 | services and assistance, including assumption
of the | ||||||
| 9 | reasonable costs of prosecuting any action or proceeding, as | ||||||
| 10 | may be
necessary to enable them to enforce the child support | ||||||
| 11 | liability required
hereunder.
| ||||||
| 12 | Nothing in this Section shall be construed as a requirement | ||||||
| 13 | that an
applicant or recipient file an action for dissolution | ||||||
| 14 | of marriage
against his or her spouse.
| ||||||
| 15 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13; | ||||||
| 16 | revised 9-12-16.)
| ||||||
| 17 | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
| ||||||
| 18 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||
| 19 | rule, shall
determine the quantity and quality of and the rate | ||||||
| 20 | of reimbursement for the
medical assistance for which
payment | ||||||
| 21 | will be authorized, and the medical services to be provided,
| ||||||
| 22 | which may include all or part of the following: (1) inpatient | ||||||
| 23 | hospital
services; (2) outpatient hospital services; (3) other | ||||||
| 24 | laboratory and
X-ray services; (4) skilled nursing home | ||||||
| 25 | services; (5) physicians'
services whether furnished in the | ||||||
| |||||||
| |||||||
| 1 | office, the patient's home, a
hospital, a skilled nursing home, | ||||||
| 2 | or elsewhere; (6) medical care, or any
other type of remedial | ||||||
| 3 | care furnished by licensed practitioners; (7)
home health care | ||||||
| 4 | services; (8) private duty nursing service; (9) clinic
| ||||||
| 5 | services; (10) dental services, including prevention and | ||||||
| 6 | treatment of periodontal disease and dental caries disease for | ||||||
| 7 | pregnant women, provided by an individual licensed to practice | ||||||
| 8 | dentistry or dental surgery; for purposes of this item (10), | ||||||
| 9 | "dental services" means diagnostic, preventive, or corrective | ||||||
| 10 | procedures provided by or under the supervision of a dentist in | ||||||
| 11 | the practice of his or her profession; (11) physical therapy | ||||||
| 12 | and related
services; (12) prescribed drugs, dentures, and | ||||||
| 13 | prosthetic devices; and
eyeglasses prescribed by a physician | ||||||
| 14 | skilled in the diseases of the eye,
or by an optometrist, | ||||||
| 15 | whichever the person may select; (13) other
diagnostic, | ||||||
| 16 | screening, preventive, and rehabilitative services, including | ||||||
| 17 | to ensure that the individual's need for intervention or | ||||||
| 18 | treatment of mental disorders or substance use disorders or | ||||||
| 19 | co-occurring mental health and substance use disorders is | ||||||
| 20 | determined using a uniform screening, assessment, and | ||||||
| 21 | evaluation process inclusive of criteria, for children and | ||||||
| 22 | adults; for purposes of this item (13), a uniform screening, | ||||||
| 23 | assessment, and evaluation process refers to a process that | ||||||
| 24 | includes an appropriate evaluation and, as warranted, a | ||||||
| 25 | referral; "uniform" does not mean the use of a singular | ||||||
| 26 | instrument, tool, or process that all must utilize; (14)
| ||||||
| |||||||
| |||||||
| 1 | transportation and such other expenses as may be necessary; | ||||||
| 2 | (15) medical
treatment of sexual assault survivors, as defined | ||||||
| 3 | in
Section 1a of the Sexual Assault Survivors Emergency | ||||||
| 4 | Treatment Act, for
injuries sustained as a result of the sexual | ||||||
| 5 | assault, including
examinations and laboratory tests to | ||||||
| 6 | discover evidence which may be used in
criminal proceedings | ||||||
| 7 | arising from the sexual assault; (16) the
diagnosis and | ||||||
| 8 | treatment of sickle cell anemia; and (17)
any other medical | ||||||
| 9 | care, and any other type of remedial care recognized
under the | ||||||
| 10 | laws of this State, but not including abortions, or induced
| ||||||
| 11 | miscarriages or premature births, unless, in the opinion of a | ||||||
| 12 | physician,
such procedures are necessary for the preservation | ||||||
| 13 | of the life of the
woman seeking such treatment, or except an | ||||||
| 14 | induced premature birth
intended to produce a live viable child | ||||||
| 15 | and such procedure is necessary
for the health of the mother or | ||||||
| 16 | her unborn child. The Illinois Department,
by rule, shall | ||||||
| 17 | prohibit any physician from providing medical assistance
to | ||||||
| 18 | anyone eligible therefor under this Code where such physician | ||||||
| 19 | has been
found guilty of performing an abortion procedure in a | ||||||
| 20 | wilful and wanton
manner upon a woman who was not pregnant at | ||||||
| 21 | the time such abortion
procedure was performed. The term "any | ||||||
| 22 | other type of remedial care" shall
include nursing care and | ||||||
| 23 | nursing home service for persons who rely on
treatment by | ||||||
| 24 | spiritual means alone through prayer for healing.
| ||||||
| 25 | Notwithstanding any other provision of this Section, a | ||||||
| 26 | comprehensive
tobacco use cessation program that includes | ||||||
| |||||||
| |||||||
| 1 | purchasing prescription drugs or
prescription medical devices | ||||||
| 2 | approved by the Food and Drug Administration shall
be covered | ||||||
| 3 | under the medical assistance
program under this Article for | ||||||
| 4 | persons who are otherwise eligible for
assistance under this | ||||||
| 5 | Article.
| ||||||
| 6 | Notwithstanding any other provision of this Code, the | ||||||
| 7 | Illinois
Department may not require, as a condition of payment | ||||||
| 8 | for any laboratory
test authorized under this Article, that a | ||||||
| 9 | physician's handwritten signature
appear on the laboratory | ||||||
| 10 | test order form. The Illinois Department may,
however, impose | ||||||
| 11 | other appropriate requirements regarding laboratory test
order | ||||||
| 12 | documentation.
| ||||||
| 13 | Upon receipt of federal approval of an amendment to the | ||||||
| 14 | Illinois Title XIX State Plan for this purpose, the Department | ||||||
| 15 | shall authorize the Chicago Public Schools (CPS) to procure a | ||||||
| 16 | vendor or vendors to manufacture eyeglasses for individuals | ||||||
| 17 | enrolled in a school within the CPS system. CPS shall ensure | ||||||
| 18 | that its vendor or vendors are enrolled as providers in the | ||||||
| 19 | medical assistance program and in any capitated Medicaid | ||||||
| 20 | managed care entity (MCE) serving individuals enrolled in a | ||||||
| 21 | school within the CPS system. Under any contract procured under | ||||||
| 22 | this provision, the vendor or vendors must serve only | ||||||
| 23 | individuals enrolled in a school within the CPS system. Claims | ||||||
| 24 | for services provided by CPS's vendor or vendors to recipients | ||||||
| 25 | of benefits in the medical assistance program under this Code, | ||||||
| 26 | the Children's Health Insurance Program, or the Covering ALL | ||||||
| |||||||
| |||||||
| 1 | KIDS Health Insurance Program shall be submitted to the | ||||||
| 2 | Department or the MCE in which the individual is enrolled for | ||||||
| 3 | payment and shall be reimbursed at the Department's or the | ||||||
| 4 | MCE's established rates or rate methodologies for eyeglasses. | ||||||
| 5 | On and after July 1, 2012, the Department of Healthcare and | ||||||
| 6 | Family Services may provide the following services to
persons
| ||||||
| 7 | eligible for assistance under this Article who are | ||||||
| 8 | participating in
education, training or employment programs | ||||||
| 9 | operated by the Department of Human
Services as successor to | ||||||
| 10 | the Department of Public Aid:
| ||||||
| 11 | (1) dental services provided by or under the | ||||||
| 12 | supervision of a dentist; and
| ||||||
| 13 | (2) eyeglasses prescribed by a physician skilled in the | ||||||
| 14 | diseases of the
eye, or by an optometrist, whichever the | ||||||
| 15 | person may select.
| ||||||
| 16 | Notwithstanding any other provision of this Code and | ||||||
| 17 | subject to federal approval, the Department may adopt rules to | ||||||
| 18 | allow a dentist who is volunteering his or her service at no | ||||||
| 19 | cost to render dental services through an enrolled | ||||||
| 20 | not-for-profit health clinic without the dentist personally | ||||||
| 21 | enrolling as a participating provider in the medical assistance | ||||||
| 22 | program. A not-for-profit health clinic shall include a public | ||||||
| 23 | health clinic or Federally Qualified Health Center or other | ||||||
| 24 | enrolled provider, as determined by the Department, through | ||||||
| 25 | which dental services covered under this Section are performed. | ||||||
| 26 | The Department shall establish a process for payment of claims | ||||||
| |||||||
| |||||||
| 1 | for reimbursement for covered dental services rendered under | ||||||
| 2 | this provision. | ||||||
| 3 | The Illinois Department, by rule, may distinguish and | ||||||
| 4 | classify the
medical services to be provided only in accordance | ||||||
| 5 | with the classes of
persons designated in Section 5-2.
| ||||||
| 6 | The Department of Healthcare and Family Services must | ||||||
| 7 | provide coverage and reimbursement for amino acid-based | ||||||
| 8 | elemental formulas, regardless of delivery method, for the | ||||||
| 9 | diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||||||
| 10 | short bowel syndrome when the prescribing physician has issued | ||||||
| 11 | a written order stating that the amino acid-based elemental | ||||||
| 12 | formula is medically necessary.
| ||||||
| 13 | The Illinois Department shall authorize the provision of, | ||||||
| 14 | and shall
authorize payment for, screening by low-dose | ||||||
| 15 | mammography for the presence of
occult breast cancer for women | ||||||
| 16 | 35 years of age or older who are eligible
for medical | ||||||
| 17 | assistance under this Article, as follows: | ||||||
| 18 | (A) A baseline
mammogram for women 35 to 39 years of | ||||||
| 19 | age.
| ||||||
| 20 | (B) An annual mammogram for women 40 years of age or | ||||||
| 21 | older. | ||||||
| 22 | (C) A mammogram at the age and intervals considered | ||||||
| 23 | medically necessary by the woman's health care provider for | ||||||
| 24 | women under 40 years of age and having a family history of | ||||||
| 25 | breast cancer, prior personal history of breast cancer, | ||||||
| 26 | positive genetic testing, or other risk factors. | ||||||
| |||||||
| |||||||
| 1 | (D) A comprehensive ultrasound screening of an entire | ||||||
| 2 | breast or breasts if a mammogram demonstrates | ||||||
| 3 | heterogeneous or dense breast tissue, when medically | ||||||
| 4 | necessary as determined by a physician licensed to practice | ||||||
| 5 | medicine in all of its branches. | ||||||
| 6 | (E) A screening MRI when medically necessary, as | ||||||
| 7 | determined by a physician licensed to practice medicine in | ||||||
| 8 | all of its branches. | ||||||
| 9 | All screenings
shall
include a physical breast exam, | ||||||
| 10 | instruction on self-examination and
information regarding the | ||||||
| 11 | frequency of self-examination and its value as a
preventative | ||||||
| 12 | tool. For purposes of this Section, "low-dose mammography" | ||||||
| 13 | means
the x-ray examination of the breast using equipment | ||||||
| 14 | dedicated specifically
for mammography, including the x-ray | ||||||
| 15 | tube, filter, compression device,
and image receptor, with an | ||||||
| 16 | average radiation exposure delivery
of less than one rad per | ||||||
| 17 | breast for 2 views of an average size breast.
The term also | ||||||
| 18 | includes digital mammography and includes breast | ||||||
| 19 | tomosynthesis. As used in this Section, the term "breast | ||||||
| 20 | tomosynthesis" means a radiologic procedure that involves the | ||||||
| 21 | acquisition of projection images over the stationary breast to | ||||||
| 22 | produce cross-sectional digital three-dimensional images of | ||||||
| 23 | the breast. If, at any time, the Secretary of the United States | ||||||
| 24 | Department of Health and Human Services, or its successor | ||||||
| 25 | agency, promulgates rules or regulations to be published in the | ||||||
| 26 | Federal Register or publishes a comment in the Federal Register | ||||||
| |||||||
| |||||||
| 1 | or issues an opinion, guidance, or other action that would | ||||||
| 2 | require the State, pursuant to any provision of the Patient | ||||||
| 3 | Protection and Affordable Care Act (Public Law 111-148), | ||||||
| 4 | including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any | ||||||
| 5 | successor provision, to defray the cost of any coverage for | ||||||
| 6 | breast tomosynthesis outlined in this paragraph, then the | ||||||
| 7 | requirement that an insurer cover breast tomosynthesis is | ||||||
| 8 | inoperative other than any such coverage authorized under | ||||||
| 9 | Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and | ||||||
| 10 | the State shall not assume any obligation for the cost of | ||||||
| 11 | coverage for breast tomosynthesis set forth in this paragraph.
| ||||||
| 12 | On and after January 1, 2016, the Department shall ensure | ||||||
| 13 | that all networks of care for adult clients of the Department | ||||||
| 14 | include access to at least one breast imaging Center of Imaging | ||||||
| 15 | Excellence as certified by the American College of Radiology. | ||||||
| 16 | On and after January 1, 2012, providers participating in a | ||||||
| 17 | quality improvement program approved by the Department shall be | ||||||
| 18 | reimbursed for screening and diagnostic mammography at the same | ||||||
| 19 | rate as the Medicare program's rates, including the increased | ||||||
| 20 | reimbursement for digital mammography. | ||||||
| 21 | The Department shall convene an expert panel including | ||||||
| 22 | representatives of hospitals, free-standing mammography | ||||||
| 23 | facilities, and doctors, including radiologists, to establish | ||||||
| 24 | quality standards for mammography. | ||||||
| 25 | On and after January 1, 2017, providers participating in a | ||||||
| 26 | breast cancer treatment quality improvement program approved | ||||||
| |||||||
| |||||||
| 1 | by the Department shall be reimbursed for breast cancer | ||||||
| 2 | treatment at a rate that is no lower than 95% of the Medicare | ||||||
| 3 | program's rates for the data elements included in the breast | ||||||
| 4 | cancer treatment quality program. | ||||||
| 5 | The Department shall convene an expert panel, including | ||||||
| 6 | representatives of hospitals, free standing breast cancer | ||||||
| 7 | treatment centers, breast cancer quality organizations, and | ||||||
| 8 | doctors, including breast surgeons, reconstructive breast | ||||||
| 9 | surgeons, oncologists, and primary care providers to establish | ||||||
| 10 | quality standards for breast cancer treatment. | ||||||
| 11 | Subject to federal approval, the Department shall | ||||||
| 12 | establish a rate methodology for mammography at federally | ||||||
| 13 | qualified health centers and other encounter-rate clinics. | ||||||
| 14 | These clinics or centers may also collaborate with other | ||||||
| 15 | hospital-based mammography facilities. By January 1, 2016, the | ||||||
| 16 | Department shall report to the General Assembly on the status | ||||||
| 17 | of the provision set forth in this paragraph. | ||||||
| 18 | The Department shall establish a methodology to remind | ||||||
| 19 | women who are age-appropriate for screening mammography, but | ||||||
| 20 | who have not received a mammogram within the previous 18 | ||||||
| 21 | months, of the importance and benefit of screening mammography. | ||||||
| 22 | The Department shall work with experts in breast cancer | ||||||
| 23 | outreach and patient navigation to optimize these reminders and | ||||||
| 24 | shall establish a methodology for evaluating their | ||||||
| 25 | effectiveness and modifying the methodology based on the | ||||||
| 26 | evaluation. | ||||||
| |||||||
| |||||||
| 1 | The Department shall establish a performance goal for | ||||||
| 2 | primary care providers with respect to their female patients | ||||||
| 3 | over age 40 receiving an annual mammogram. This performance | ||||||
| 4 | goal shall be used to provide additional reimbursement in the | ||||||
| 5 | form of a quality performance bonus to primary care providers | ||||||
| 6 | who meet that goal. | ||||||
| 7 | The Department shall devise a means of case-managing or | ||||||
| 8 | patient navigation for beneficiaries diagnosed with breast | ||||||
| 9 | cancer. This program shall initially operate as a pilot program | ||||||
| 10 | in areas of the State with the highest incidence of mortality | ||||||
| 11 | related to breast cancer. At least one pilot program site shall | ||||||
| 12 | be in the metropolitan Chicago area and at least one site shall | ||||||
| 13 | be outside the metropolitan Chicago area. On or after July 1, | ||||||
| 14 | 2016, the pilot program shall be expanded to include one site | ||||||
| 15 | in western Illinois, one site in southern Illinois, one site in | ||||||
| 16 | central Illinois, and 4 sites within metropolitan Chicago. An | ||||||
| 17 | evaluation of the pilot program shall be carried out measuring | ||||||
| 18 | health outcomes and cost of care for those served by the pilot | ||||||
| 19 | program compared to similarly situated patients who are not | ||||||
| 20 | served by the pilot program. | ||||||
| 21 | The Department shall require all networks of care to | ||||||
| 22 | develop a means either internally or by contract with experts | ||||||
| 23 | in navigation and community outreach to navigate cancer | ||||||
| 24 | patients to comprehensive care in a timely fashion. The | ||||||
| 25 | Department shall require all networks of care to include access | ||||||
| 26 | for patients diagnosed with cancer to at least one academic | ||||||
| |||||||
| |||||||
| 1 | commission on cancer-accredited cancer program as an | ||||||
| 2 | in-network covered benefit. | ||||||
| 3 | Any medical or health care provider shall immediately | ||||||
| 4 | recommend, to
any pregnant woman who is being provided prenatal | ||||||
| 5 | services and is suspected
of drug abuse or is addicted as | ||||||
| 6 | defined in the Alcoholism and Other Drug Abuse
and Dependency | ||||||
| 7 | Act, referral to a local substance abuse treatment provider
| ||||||
| 8 | licensed by the Department of Human Services or to a licensed
| ||||||
| 9 | hospital which provides substance abuse treatment services. | ||||||
| 10 | The Department of Healthcare and Family Services
shall assure | ||||||
| 11 | coverage for the cost of treatment of the drug abuse or
| ||||||
| 12 | addiction for pregnant recipients in accordance with the | ||||||
| 13 | Illinois Medicaid
Program in conjunction with the Department of | ||||||
| 14 | Human Services.
| ||||||
| 15 | All medical providers providing medical assistance to | ||||||
| 16 | pregnant women
under this Code shall receive information from | ||||||
| 17 | the Department on the
availability of services under the Drug | ||||||
| 18 | Free Families with a Future or any
comparable program providing | ||||||
| 19 | case management services for addicted women,
including | ||||||
| 20 | information on appropriate referrals for other social services
| ||||||
| 21 | that may be needed by addicted women in addition to treatment | ||||||
| 22 | for addiction.
| ||||||
| 23 | The Illinois Department, in cooperation with the | ||||||
| 24 | Departments of Human
Services (as successor to the Department | ||||||
| 25 | of Alcoholism and Substance
Abuse) and Public Health, through a | ||||||
| 26 | public awareness campaign, may
provide information concerning | ||||||
| |||||||
| |||||||
| 1 | treatment for alcoholism and drug abuse and
addiction, prenatal | ||||||
| 2 | health care, and other pertinent programs directed at
reducing | ||||||
| 3 | the number of drug-affected infants born to recipients of | ||||||
| 4 | medical
assistance.
| ||||||
| 5 | Neither the Department of Healthcare and Family Services | ||||||
| 6 | nor the Department of Human
Services shall sanction the | ||||||
| 7 | recipient solely on the basis of
her substance abuse.
| ||||||
| 8 | The Illinois Department shall establish such regulations | ||||||
| 9 | governing
the dispensing of health services under this Article | ||||||
| 10 | as it shall deem
appropriate. The Department
should
seek the | ||||||
| 11 | advice of formal professional advisory committees appointed by
| ||||||
| 12 | the Director of the Illinois Department for the purpose of | ||||||
| 13 | providing regular
advice on policy and administrative matters, | ||||||
| 14 | information dissemination and
educational activities for | ||||||
| 15 | medical and health care providers, and
consistency in | ||||||
| 16 | procedures to the Illinois Department.
| ||||||
| 17 | The Illinois Department may develop and contract with | ||||||
| 18 | Partnerships of
medical providers to arrange medical services | ||||||
| 19 | for persons eligible under
Section 5-2 of this Code. | ||||||
| 20 | Implementation of this Section may be by
demonstration projects | ||||||
| 21 | in certain geographic areas. The Partnership shall
be | ||||||
| 22 | represented by a sponsor organization. The Department, by rule, | ||||||
| 23 | shall
develop qualifications for sponsors of Partnerships. | ||||||
| 24 | Nothing in this
Section shall be construed to require that the | ||||||
| 25 | sponsor organization be a
medical organization.
| ||||||
| 26 | The sponsor must negotiate formal written contracts with | ||||||
| |||||||
| |||||||
| 1 | medical
providers for physician services, inpatient and | ||||||
| 2 | outpatient hospital care,
home health services, treatment for | ||||||
| 3 | alcoholism and substance abuse, and
other services determined | ||||||
| 4 | necessary by the Illinois Department by rule for
delivery by | ||||||
| 5 | Partnerships. Physician services must include prenatal and
| ||||||
| 6 | obstetrical care. The Illinois Department shall reimburse | ||||||
| 7 | medical services
delivered by Partnership providers to clients | ||||||
| 8 | in target areas according to
provisions of this Article and the | ||||||
| 9 | Illinois Health Finance Reform Act,
except that:
| ||||||
| 10 | (1) Physicians participating in a Partnership and | ||||||
| 11 | providing certain
services, which shall be determined by | ||||||
| 12 | the Illinois Department, to persons
in areas covered by the | ||||||
| 13 | Partnership may receive an additional surcharge
for such | ||||||
| 14 | services.
| ||||||
| 15 | (2) The Department may elect to consider and negotiate | ||||||
| 16 | financial
incentives to encourage the development of | ||||||
| 17 | Partnerships and the efficient
delivery of medical care.
| ||||||
| 18 | (3) Persons receiving medical services through | ||||||
| 19 | Partnerships may receive
medical and case management | ||||||
| 20 | services above the level usually offered
through the | ||||||
| 21 | medical assistance program.
| ||||||
| 22 | Medical providers shall be required to meet certain | ||||||
| 23 | qualifications to
participate in Partnerships to ensure the | ||||||
| 24 | delivery of high quality medical
services. These | ||||||
| 25 | qualifications shall be determined by rule of the Illinois
| ||||||
| 26 | Department and may be higher than qualifications for | ||||||
| |||||||
| |||||||
| 1 | participation in the
medical assistance program. Partnership | ||||||
| 2 | sponsors may prescribe reasonable
additional qualifications | ||||||
| 3 | for participation by medical providers, only with
the prior | ||||||
| 4 | written approval of the Illinois Department.
| ||||||
| 5 | Nothing in this Section shall limit the free choice of | ||||||
| 6 | practitioners,
hospitals, and other providers of medical | ||||||
| 7 | services by clients.
In order to ensure patient freedom of | ||||||
| 8 | choice, the Illinois Department shall
immediately promulgate | ||||||
| 9 | all rules and take all other necessary actions so that
provided | ||||||
| 10 | services may be accessed from therapeutically certified | ||||||
| 11 | optometrists
to the full extent of the Illinois Optometric | ||||||
| 12 | Practice Act of 1987 without
discriminating between service | ||||||
| 13 | providers.
| ||||||
| 14 | The Department shall apply for a waiver from the United | ||||||
| 15 | States Health
Care Financing Administration to allow for the | ||||||
| 16 | implementation of
Partnerships under this Section.
| ||||||
| 17 | The Illinois Department shall require health care | ||||||
| 18 | providers to maintain
records that document the medical care | ||||||
| 19 | and services provided to recipients
of Medical Assistance under | ||||||
| 20 | this Article. Such records must be retained for a period of not | ||||||
| 21 | less than 6 years from the date of service or as provided by | ||||||
| 22 | applicable State law, whichever period is longer, except that | ||||||
| 23 | if an audit is initiated within the required retention period | ||||||
| 24 | then the records must be retained until the audit is completed | ||||||
| 25 | and every exception is resolved. The Illinois Department shall
| ||||||
| 26 | require health care providers to make available, when | ||||||
| |||||||
| |||||||
| 1 | authorized by the
patient, in writing, the medical records in a | ||||||
| 2 | timely fashion to other
health care providers who are treating | ||||||
| 3 | or serving persons eligible for
Medical Assistance under this | ||||||
| 4 | Article. All dispensers of medical services
shall be required | ||||||
| 5 | to maintain and retain business and professional records
| ||||||
| 6 | sufficient to fully and accurately document the nature, scope, | ||||||
| 7 | details and
receipt of the health care provided to persons | ||||||
| 8 | eligible for medical
assistance under this Code, in accordance | ||||||
| 9 | with regulations promulgated by
the Illinois Department. The | ||||||
| 10 | rules and regulations shall require that proof
of the receipt | ||||||
| 11 | of prescription drugs, dentures, prosthetic devices and
| ||||||
| 12 | eyeglasses by eligible persons under this Section accompany | ||||||
| 13 | each claim
for reimbursement submitted by the dispenser of such | ||||||
| 14 | medical services.
No such claims for reimbursement shall be | ||||||
| 15 | approved for payment by the Illinois
Department without such | ||||||
| 16 | proof of receipt, unless the Illinois Department
shall have put | ||||||
| 17 | into effect and shall be operating a system of post-payment
| ||||||
| 18 | audit and review which shall, on a sampling basis, be deemed | ||||||
| 19 | adequate by
the Illinois Department to assure that such drugs, | ||||||
| 20 | dentures, prosthetic
devices and eyeglasses for which payment | ||||||
| 21 | is being made are actually being
received by eligible | ||||||
| 22 | recipients. Within 90 days after September 16, 1984 (the | ||||||
| 23 | effective date of Public Act 83-1439), the Illinois Department | ||||||
| 24 | shall establish a
current list of acquisition costs for all | ||||||
| 25 | prosthetic devices and any
other items recognized as medical | ||||||
| 26 | equipment and supplies reimbursable under
this Article and | ||||||
| |||||||
| |||||||
| 1 | shall update such list on a quarterly basis, except that
the | ||||||
| 2 | acquisition costs of all prescription drugs shall be updated no
| ||||||
| 3 | less frequently than every 30 days as required by Section | ||||||
| 4 | 5-5.12.
| ||||||
| 5 | The rules and regulations of the Illinois Department shall | ||||||
| 6 | require
that a written statement including the required opinion | ||||||
| 7 | of a physician
shall accompany any claim for reimbursement for | ||||||
| 8 | abortions, or induced
miscarriages or premature births. This | ||||||
| 9 | statement shall indicate what
procedures were used in providing | ||||||
| 10 | such medical services.
| ||||||
| 11 | Notwithstanding any other law to the contrary, the Illinois | ||||||
| 12 | Department shall, within 365 days after July 22, 2013 (the | ||||||
| 13 | effective date of Public Act 98-104), establish procedures to | ||||||
| 14 | permit skilled care facilities licensed under the Nursing Home | ||||||
| 15 | Care Act to submit monthly billing claims for reimbursement | ||||||
| 16 | purposes. Following development of these procedures, the | ||||||
| 17 | Department shall, by July 1, 2016, test the viability of the | ||||||
| 18 | new system and implement any necessary operational or | ||||||
| 19 | structural changes to its information technology platforms in | ||||||
| 20 | order to allow for the direct acceptance and payment of nursing | ||||||
| 21 | home claims. | ||||||
| 22 | Notwithstanding any other law to the contrary, the Illinois | ||||||
| 23 | Department shall, within 365 days after August 15, 2014 (the | ||||||
| 24 | effective date of Public Act 98-963), establish procedures to | ||||||
| 25 | permit ID/DD facilities licensed under the ID/DD Community Care | ||||||
| 26 | Act and MC/DD facilities licensed under the MC/DD Act to submit | ||||||
| |||||||
| |||||||
| 1 | monthly billing claims for reimbursement purposes. Following | ||||||
| 2 | development of these procedures, the Department shall have an | ||||||
| 3 | additional 365 days to test the viability of the new system and | ||||||
| 4 | to ensure that any necessary operational or structural changes | ||||||
| 5 | to its information technology platforms are implemented. | ||||||
| 6 | The Illinois Department shall require all dispensers of | ||||||
| 7 | medical
services, other than an individual practitioner or | ||||||
| 8 | group of practitioners,
desiring to participate in the Medical | ||||||
| 9 | Assistance program
established under this Article to disclose | ||||||
| 10 | all financial, beneficial,
ownership, equity, surety or other | ||||||
| 11 | interests in any and all firms,
corporations, partnerships, | ||||||
| 12 | associations, business enterprises, joint
ventures, agencies, | ||||||
| 13 | institutions or other legal entities providing any
form of | ||||||
| 14 | health care services in this State under this Article.
| ||||||
| 15 | The Illinois Department may require that all dispensers of | ||||||
| 16 | medical
services desiring to participate in the medical | ||||||
| 17 | assistance program
established under this Article disclose, | ||||||
| 18 | under such terms and conditions as
the Illinois Department may | ||||||
| 19 | by rule establish, all inquiries from clients
and attorneys | ||||||
| 20 | regarding medical bills paid by the Illinois Department, which
| ||||||
| 21 | inquiries could indicate potential existence of claims or liens | ||||||
| 22 | for the
Illinois Department.
| ||||||
| 23 | Enrollment of a vendor
shall be
subject to a provisional | ||||||
| 24 | period and shall be conditional for one year. During the period | ||||||
| 25 | of conditional enrollment, the Department may
terminate the | ||||||
| 26 | vendor's eligibility to participate in, or may disenroll the | ||||||
| |||||||
| |||||||
| 1 | vendor from, the medical assistance
program without cause. | ||||||
| 2 | Unless otherwise specified, such termination of eligibility or | ||||||
| 3 | disenrollment is not subject to the
Department's hearing | ||||||
| 4 | process.
However, a disenrolled vendor may reapply without | ||||||
| 5 | penalty.
| ||||||
| 6 | The Department has the discretion to limit the conditional | ||||||
| 7 | enrollment period for vendors based upon category of risk of | ||||||
| 8 | the vendor. | ||||||
| 9 | Prior to enrollment and during the conditional enrollment | ||||||
| 10 | period in the medical assistance program, all vendors shall be | ||||||
| 11 | subject to enhanced oversight, screening, and review based on | ||||||
| 12 | the risk of fraud, waste, and abuse that is posed by the | ||||||
| 13 | category of risk of the vendor. The Illinois Department shall | ||||||
| 14 | establish the procedures for oversight, screening, and review, | ||||||
| 15 | which may include, but need not be limited to: criminal and | ||||||
| 16 | financial background checks; fingerprinting; license, | ||||||
| 17 | certification, and authorization verifications; unscheduled or | ||||||
| 18 | unannounced site visits; database checks; prepayment audit | ||||||
| 19 | reviews; audits; payment caps; payment suspensions; and other | ||||||
| 20 | screening as required by federal or State law. | ||||||
| 21 | The Department shall define or specify the following: (i) | ||||||
| 22 | by provider notice, the "category of risk of the vendor" for | ||||||
| 23 | each type of vendor, which shall take into account the level of | ||||||
| 24 | screening applicable to a particular category of vendor under | ||||||
| 25 | federal law and regulations; (ii) by rule or provider notice, | ||||||
| 26 | the maximum length of the conditional enrollment period for | ||||||
| |||||||
| |||||||
| 1 | each category of risk of the vendor; and (iii) by rule, the | ||||||
| 2 | hearing rights, if any, afforded to a vendor in each category | ||||||
| 3 | of risk of the vendor that is terminated or disenrolled during | ||||||
| 4 | the conditional enrollment period. | ||||||
| 5 | To be eligible for payment consideration, a vendor's | ||||||
| 6 | payment claim or bill, either as an initial claim or as a | ||||||
| 7 | resubmitted claim following prior rejection, must be received | ||||||
| 8 | by the Illinois Department, or its fiscal intermediary, no | ||||||
| 9 | later than 180 days after the latest date on the claim on which | ||||||
| 10 | medical goods or services were provided, with the following | ||||||
| 11 | exceptions: | ||||||
| 12 | (1) In the case of a provider whose enrollment is in | ||||||
| 13 | process by the Illinois Department, the 180-day period | ||||||
| 14 | shall not begin until the date on the written notice from | ||||||
| 15 | the Illinois Department that the provider enrollment is | ||||||
| 16 | complete. | ||||||
| 17 | (2) In the case of errors attributable to the Illinois | ||||||
| 18 | Department or any of its claims processing intermediaries | ||||||
| 19 | which result in an inability to receive, process, or | ||||||
| 20 | adjudicate a claim, the 180-day period shall not begin | ||||||
| 21 | until the provider has been notified of the error. | ||||||
| 22 | (3) In the case of a provider for whom the Illinois | ||||||
| 23 | Department initiates the monthly billing process. | ||||||
| 24 | (4) In the case of a provider operated by a unit of | ||||||
| 25 | local government with a population exceeding 3,000,000 | ||||||
| 26 | when local government funds finance federal participation | ||||||
| |||||||
| |||||||
| 1 | for claims payments. | ||||||
| 2 | For claims for services rendered during a period for which | ||||||
| 3 | a recipient received retroactive eligibility, claims must be | ||||||
| 4 | filed within 180 days after the Department determines the | ||||||
| 5 | applicant is eligible. For claims for which the Illinois | ||||||
| 6 | Department is not the primary payer, claims must be submitted | ||||||
| 7 | to the Illinois Department within 180 days after the final | ||||||
| 8 | adjudication by the primary payer. | ||||||
| 9 | In the case of long term care facilities, within 5 days of | ||||||
| 10 | receipt by the facility of required prescreening information, | ||||||
| 11 | data for new admissions shall be entered into the Medical | ||||||
| 12 | Electronic Data Interchange (MEDI) or the Recipient | ||||||
| 13 | Eligibility Verification (REV) System or successor system, and | ||||||
| 14 | within 15 days of receipt by the facility of required | ||||||
| 15 | prescreening information, admission documents shall be | ||||||
| 16 | submitted through MEDI or REV or shall be submitted directly to | ||||||
| 17 | the Department of Human Services using required admission | ||||||
| 18 | forms. Effective September
1, 2014, admission documents, | ||||||
| 19 | including all prescreening
information, must be submitted | ||||||
| 20 | through MEDI or REV. Confirmation numbers assigned to an | ||||||
| 21 | accepted transaction shall be retained by a facility to verify | ||||||
| 22 | timely submittal. Once an admission transaction has been | ||||||
| 23 | completed, all resubmitted claims following prior rejection | ||||||
| 24 | are subject to receipt no later than 180 days after the | ||||||
| 25 | admission transaction has been completed. | ||||||
| 26 | Claims that are not submitted and received in compliance | ||||||
| |||||||
| |||||||
| 1 | with the foregoing requirements shall not be eligible for | ||||||
| 2 | payment under the medical assistance program, and the State | ||||||
| 3 | shall have no liability for payment of those claims. | ||||||
| 4 | To the extent consistent with applicable information and | ||||||
| 5 | privacy, security, and disclosure laws, State and federal | ||||||
| 6 | agencies and departments shall provide the Illinois Department | ||||||
| 7 | access to confidential and other information and data necessary | ||||||
| 8 | to perform eligibility and payment verifications and other | ||||||
| 9 | Illinois Department functions. This includes, but is not | ||||||
| 10 | limited to: information pertaining to licensure; | ||||||
| 11 | certification; earnings; immigration status; citizenship; wage | ||||||
| 12 | reporting; unearned and earned income; pension income; | ||||||
| 13 | employment; supplemental security income; social security | ||||||
| 14 | numbers; National Provider Identifier (NPI) numbers; the | ||||||
| 15 | National Practitioner Data Bank (NPDB); program and agency | ||||||
| 16 | exclusions; taxpayer identification numbers; tax delinquency; | ||||||
| 17 | corporate information; and death records. | ||||||
| 18 | The Illinois Department shall enter into agreements with | ||||||
| 19 | State agencies and departments, and is authorized to enter into | ||||||
| 20 | agreements with federal agencies and departments, under which | ||||||
| 21 | such agencies and departments shall share data necessary for | ||||||
| 22 | medical assistance program integrity functions and oversight. | ||||||
| 23 | The Illinois Department shall develop, in cooperation with | ||||||
| 24 | other State departments and agencies, and in compliance with | ||||||
| 25 | applicable federal laws and regulations, appropriate and | ||||||
| 26 | effective methods to share such data. At a minimum, and to the | ||||||
| |||||||
| |||||||
| 1 | extent necessary to provide data sharing, the Illinois | ||||||
| 2 | Department shall enter into agreements with State agencies and | ||||||
| 3 | departments, and is authorized to enter into agreements with | ||||||
| 4 | federal agencies and departments, including but not limited to: | ||||||
| 5 | the Secretary of State; the Department of Revenue; the | ||||||
| 6 | Department of Public Health; the Department of Human Services; | ||||||
| 7 | and the Department of Financial and Professional Regulation. | ||||||
| 8 | Beginning in fiscal year 2013, the Illinois Department | ||||||
| 9 | shall set forth a request for information to identify the | ||||||
| 10 | benefits of a pre-payment, post-adjudication, and post-edit | ||||||
| 11 | claims system with the goals of streamlining claims processing | ||||||
| 12 | and provider reimbursement, reducing the number of pending or | ||||||
| 13 | rejected claims, and helping to ensure a more transparent | ||||||
| 14 | adjudication process through the utilization of: (i) provider | ||||||
| 15 | data verification and provider screening technology; and (ii) | ||||||
| 16 | clinical code editing; and (iii) pre-pay, pre- or | ||||||
| 17 | post-adjudicated predictive modeling with an integrated case | ||||||
| 18 | management system with link analysis. Such a request for | ||||||
| 19 | information shall not be considered as a request for proposal | ||||||
| 20 | or as an obligation on the part of the Illinois Department to | ||||||
| 21 | take any action or acquire any products or services. | ||||||
| 22 | The Illinois Department shall establish policies, | ||||||
| 23 | procedures,
standards and criteria by rule for the acquisition, | ||||||
| 24 | repair and replacement
of orthotic and prosthetic devices and | ||||||
| 25 | durable medical equipment. Such
rules shall provide, but not be | ||||||
| 26 | limited to, the following services: (1)
immediate repair or | ||||||
| |||||||
| |||||||
| 1 | replacement of such devices by recipients; and (2) rental, | ||||||
| 2 | lease, purchase or lease-purchase of
durable medical equipment | ||||||
| 3 | in a cost-effective manner, taking into
consideration the | ||||||
| 4 | recipient's medical prognosis, the extent of the
recipient's | ||||||
| 5 | needs, and the requirements and costs for maintaining such
| ||||||
| 6 | equipment. Subject to prior approval, such rules shall enable a | ||||||
| 7 | recipient to temporarily acquire and
use alternative or | ||||||
| 8 | substitute devices or equipment pending repairs or
| ||||||
| 9 | replacements of any device or equipment previously authorized | ||||||
| 10 | for such
recipient by the Department. Notwithstanding any | ||||||
| 11 | provision of Section 5-5f to the contrary, the Department may, | ||||||
| 12 | by rule, exempt certain replacement wheelchair parts from prior | ||||||
| 13 | approval and, for wheelchairs, wheelchair parts, wheelchair | ||||||
| 14 | accessories, and related seating and positioning items, | ||||||
| 15 | determine the wholesale price by methods other than actual | ||||||
| 16 | acquisition costs. | ||||||
| 17 | The Department shall require, by rule, all providers of | ||||||
| 18 | durable medical equipment to be accredited by an accreditation | ||||||
| 19 | organization approved by the federal Centers for Medicare and | ||||||
| 20 | Medicaid Services and recognized by the Department in order to | ||||||
| 21 | bill the Department for providing durable medical equipment to | ||||||
| 22 | recipients. No later than 15 months after the effective date of | ||||||
| 23 | the rule adopted pursuant to this paragraph, all providers must | ||||||
| 24 | meet the accreditation requirement.
| ||||||
| 25 | The Department shall execute, relative to the nursing home | ||||||
| 26 | prescreening
project, written inter-agency agreements with the | ||||||
| |||||||
| |||||||
| 1 | Department of Human
Services and the Department on Aging, to | ||||||
| 2 | effect the following: (i) intake
procedures and common | ||||||
| 3 | eligibility criteria for those persons who are receiving
| ||||||
| 4 | non-institutional services; and (ii) the establishment and | ||||||
| 5 | development of
non-institutional services in areas of the State | ||||||
| 6 | where they are not currently
available or are undeveloped; and | ||||||
| 7 | (iii) notwithstanding any other provision of law, subject to | ||||||
| 8 | federal approval, on and after July 1, 2012, an increase in the | ||||||
| 9 | determination of need (DON) scores from 29 to 37 for applicants | ||||||
| 10 | for institutional and home and community-based long term care; | ||||||
| 11 | if and only if federal approval is not granted, the Department | ||||||
| 12 | may, in conjunction with other affected agencies, implement | ||||||
| 13 | utilization controls or changes in benefit packages to | ||||||
| 14 | effectuate a similar savings amount for this population; and | ||||||
| 15 | (iv) no later than July 1, 2013, minimum level of care | ||||||
| 16 | eligibility criteria for institutional and home and | ||||||
| 17 | community-based long term care; and (v) no later than October | ||||||
| 18 | 1, 2013, establish procedures to permit long term care | ||||||
| 19 | providers access to eligibility scores for individuals with an | ||||||
| 20 | admission date who are seeking or receiving services from the | ||||||
| 21 | long term care provider. In order to select the minimum level | ||||||
| 22 | of care eligibility criteria, the Governor shall establish a | ||||||
| 23 | workgroup that includes affected agency representatives and | ||||||
| 24 | stakeholders representing the institutional and home and | ||||||
| 25 | community-based long term care interests. This Section shall | ||||||
| 26 | not restrict the Department from implementing lower level of | ||||||
| |||||||
| |||||||
| 1 | care eligibility criteria for community-based services in | ||||||
| 2 | circumstances where federal approval has been granted.
| ||||||
| 3 | The Illinois Department shall develop and operate, in | ||||||
| 4 | cooperation
with other State Departments and agencies and in | ||||||
| 5 | compliance with
applicable federal laws and regulations, | ||||||
| 6 | appropriate and effective
systems of health care evaluation and | ||||||
| 7 | programs for monitoring of
utilization of health care services | ||||||
| 8 | and facilities, as it affects
persons eligible for medical | ||||||
| 9 | assistance under this Code.
| ||||||
| 10 | The Illinois Department shall report annually to the | ||||||
| 11 | General Assembly,
no later than the second Friday in April of | ||||||
| 12 | 1979 and each year
thereafter, in regard to:
| ||||||
| 13 | (a) actual statistics and trends in utilization of | ||||||
| 14 | medical services by
public aid recipients;
| ||||||
| 15 | (b) actual statistics and trends in the provision of | ||||||
| 16 | the various medical
services by medical vendors;
| ||||||
| 17 | (c) current rate structures and proposed changes in | ||||||
| 18 | those rate structures
for the various medical vendors; and
| ||||||
| 19 | (d) efforts at utilization review and control by the | ||||||
| 20 | Illinois Department.
| ||||||
| 21 | The period covered by each report shall be the 3 years | ||||||
| 22 | ending on the June
30 prior to the report. The report shall | ||||||
| 23 | include suggested legislation
for consideration by the General | ||||||
| 24 | Assembly. The filing of one copy of the
report with the | ||||||
| 25 | Speaker, one copy with the Minority Leader and one copy
with | ||||||
| 26 | the Clerk of the House of Representatives, one copy with the | ||||||
| |||||||
| |||||||
| 1 | President,
one copy with the Minority Leader and one copy with | ||||||
| 2 | the Secretary of the
Senate, one copy with the Legislative | ||||||
| 3 | Research Unit, and such additional
copies
with the State | ||||||
| 4 | Government Report Distribution Center for the General
Assembly | ||||||
| 5 | as is required under paragraph (t) of Section 7 of the State
| ||||||
| 6 | Library Act shall be deemed sufficient to comply with this | ||||||
| 7 | Section.
| ||||||
| 8 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
| 9 | any, is conditioned on the rules being adopted in accordance | ||||||
| 10 | with all provisions of the Illinois Administrative Procedure | ||||||
| 11 | Act and all rules and procedures of the Joint Committee on | ||||||
| 12 | Administrative Rules; any purported rule not so adopted, for | ||||||
| 13 | whatever reason, is unauthorized. | ||||||
| 14 | On and after July 1, 2012, the Department shall reduce any | ||||||
| 15 | rate of reimbursement for services or other payments or alter | ||||||
| 16 | any methodologies authorized by this Code to reduce any rate of | ||||||
| 17 | reimbursement for services or other payments in accordance with | ||||||
| 18 | Section 5-5e. | ||||||
| 19 | Because kidney transplantation can be an appropriate, cost | ||||||
| 20 | effective
alternative to renal dialysis when medically | ||||||
| 21 | necessary and notwithstanding the provisions of Section 1-11 of | ||||||
| 22 | this Code, beginning October 1, 2014, the Department shall | ||||||
| 23 | cover kidney transplantation for noncitizens with end-stage | ||||||
| 24 | renal disease who are not eligible for comprehensive medical | ||||||
| 25 | benefits, who meet the residency requirements of Section 5-3 of | ||||||
| 26 | this Code, and who would otherwise meet the financial | ||||||
| |||||||
| |||||||
| 1 | requirements of the appropriate class of eligible persons under | ||||||
| 2 | Section 5-2 of this Code. To qualify for coverage of kidney | ||||||
| 3 | transplantation, such person must be receiving emergency renal | ||||||
| 4 | dialysis services covered by the Department. Providers under | ||||||
| 5 | this Section shall be prior approved and certified by the | ||||||
| 6 | Department to perform kidney transplantation and the services | ||||||
| 7 | under this Section shall be limited to services associated with | ||||||
| 8 | kidney transplantation. | ||||||
| 9 | Notwithstanding any other provision of this Code to the | ||||||
| 10 | contrary, on or after July 1, 2015, all FDA approved forms of | ||||||
| 11 | medication assisted treatment prescribed for the treatment of | ||||||
| 12 | alcohol dependence or treatment of opioid dependence shall be | ||||||
| 13 | covered under both fee for service and managed care medical | ||||||
| 14 | assistance programs for persons who are otherwise eligible for | ||||||
| 15 | medical assistance under this Article and shall not be subject | ||||||
| 16 | to any (1) utilization control, other than those established | ||||||
| 17 | under the American Society of Addiction Medicine patient | ||||||
| 18 | placement criteria,
(2) prior authorization mandate, or (3) | ||||||
| 19 | lifetime restriction limit
mandate. | ||||||
| 20 | On or after July 1, 2015, opioid antagonists prescribed for | ||||||
| 21 | the treatment of an opioid overdose, including the medication | ||||||
| 22 | product, administration devices, and any pharmacy fees related | ||||||
| 23 | to the dispensing and administration of the opioid antagonist, | ||||||
| 24 | shall be covered under the medical assistance program for | ||||||
| 25 | persons who are otherwise eligible for medical assistance under | ||||||
| 26 | this Article. As used in this Section, "opioid antagonist" | ||||||
| |||||||
| |||||||
| 1 | means a drug that binds to opioid receptors and blocks or | ||||||
| 2 | inhibits the effect of opioids acting on those receptors, | ||||||
| 3 | including, but not limited to, naloxone hydrochloride or any | ||||||
| 4 | other similarly acting drug approved by the U.S. Food and Drug | ||||||
| 5 | Administration. | ||||||
| 6 | Upon federal approval, the Department shall provide | ||||||
| 7 | coverage and reimbursement for all drugs that are approved for | ||||||
| 8 | marketing by the federal Food and Drug Administration and that | ||||||
| 9 | are recommended by the federal Public Health Service or the | ||||||
| 10 | United States Centers for Disease Control and Prevention for | ||||||
| 11 | pre-exposure prophylaxis and related pre-exposure prophylaxis | ||||||
| 12 | services, including, but not limited to, HIV and sexually | ||||||
| 13 | transmitted infection screening, treatment for sexually | ||||||
| 14 | transmitted infections, medical monitoring, assorted labs, and | ||||||
| 15 | counseling to reduce the likelihood of HIV infection among | ||||||
| 16 | individuals who are not infected with HIV but who are at high | ||||||
| 17 | risk of HIV infection. | ||||||
| 18 | (Source: P.A. 98-104, Article 9, Section 9-5, eff. 7-22-13; | ||||||
| 19 | 98-104, Article 12, Section 12-20, eff. 7-22-13; 98-303, eff. | ||||||
| 20 | 8-9-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 98-756, | ||||||
| 21 | eff. 7-16-14; 98-963, eff. 8-15-14; 99-78, eff. 7-20-15; | ||||||
| 22 | 99-180, eff. 7-29-15; 99-236, eff. 8-3-15; 99-407 (see Section | ||||||
| 23 | 20 of P.A. 99-588 for the effective date of P.A. 99-407); | ||||||
| 24 | 99-433, eff. 8-21-15; 99-480, eff. 9-9-15; 99-588, eff. | ||||||
| 25 | 7-20-16; 99-642, eff. 7-28-16; 99-772, eff. 1-1-17; 99-895, | ||||||
| 26 | eff. 1-1-17; revised 9-20-16.)
| ||||||
| |||||||
| |||||||
| 1 | (305 ILCS 5/5-30.1) | ||||||
| 2 | Sec. 5-30.1. Managed care protections. | ||||||
| 3 | (a) As used in this Section: | ||||||
| 4 | "Managed care organization" or "MCO" means any entity which | ||||||
| 5 | contracts with the Department to provide services where payment | ||||||
| 6 | for medical services is made on a capitated basis. | ||||||
| 7 | "Emergency services" include: | ||||||
| 8 | (1) emergency services, as defined by Section 10 of the | ||||||
| 9 | Managed Care Reform and Patient Rights Act; | ||||||
| 10 | (2) emergency medical screening examinations, as | ||||||
| 11 | defined by Section 10 of the Managed Care Reform and | ||||||
| 12 | Patient Rights Act; | ||||||
| 13 | (3) post-stabilization medical services, as defined by | ||||||
| 14 | Section 10 of the Managed Care Reform and Patient Rights | ||||||
| 15 | Act; and | ||||||
| 16 | (4) emergency medical conditions, as defined by
| ||||||
| 17 | Section 10 of the Managed Care Reform and Patient Rights
| ||||||
| 18 | Act. | ||||||
| 19 | (b) As provided by Section 5-16.12, managed care | ||||||
| 20 | organizations are subject to the provisions of the Managed Care | ||||||
| 21 | Reform and Patient Rights Act. | ||||||
| 22 | (c) An MCO shall pay any provider of emergency services | ||||||
| 23 | that does not have in effect a contract with the contracted | ||||||
| 24 | Medicaid MCO. The default rate of reimbursement shall be the | ||||||
| 25 | rate paid under Illinois Medicaid fee-for-service program | ||||||
| |||||||
| |||||||
| 1 | methodology, including all policy adjusters, including but not | ||||||
| 2 | limited to Medicaid High Volume Adjustments, Medicaid | ||||||
| 3 | Percentage Adjustments, Outpatient High Volume Adjustments, | ||||||
| 4 | and all outlier add-on adjustments to the extent such | ||||||
| 5 | adjustments are incorporated in the development of the | ||||||
| 6 | applicable MCO capitated rates. | ||||||
| 7 | (d) An MCO shall pay for all post-stabilization services as | ||||||
| 8 | a covered service in any of the following situations: | ||||||
| 9 | (1) the MCO authorized such services; | ||||||
| 10 | (2) such services were administered to maintain the | ||||||
| 11 | enrollee's stabilized condition within one hour after a | ||||||
| 12 | request to the MCO for authorization of further | ||||||
| 13 | post-stabilization services; | ||||||
| 14 | (3) the MCO did not respond to a request to authorize | ||||||
| 15 | such services within one hour; | ||||||
| 16 | (4) the MCO could not be contacted; or | ||||||
| 17 | (5) the MCO and the treating provider, if the treating | ||||||
| 18 | provider is a non-affiliated provider, could not reach an | ||||||
| 19 | agreement concerning the enrollee's care and an affiliated | ||||||
| 20 | provider was unavailable for a consultation, in which case | ||||||
| 21 | the MCO
must pay for such services rendered by the treating | ||||||
| 22 | non-affiliated provider until an affiliated provider was | ||||||
| 23 | reached and either concurred with the treating | ||||||
| 24 | non-affiliated provider's plan of care or assumed | ||||||
| 25 | responsibility for the enrollee's care. Such payment shall | ||||||
| 26 | be made at the default rate of reimbursement paid under | ||||||
| |||||||
| |||||||
| 1 | Illinois Medicaid fee-for-service program methodology, | ||||||
| 2 | including all policy adjusters, including but not limited | ||||||
| 3 | to Medicaid High Volume Adjustments, Medicaid Percentage | ||||||
| 4 | Adjustments, Outpatient High Volume Adjustments and all | ||||||
| 5 | outlier add-on adjustments to the extent that such | ||||||
| 6 | adjustments are incorporated in the development of the | ||||||
| 7 | applicable MCO capitated rates. | ||||||
| 8 | (e) The following requirements apply to MCOs in determining | ||||||
| 9 | payment for all emergency services: | ||||||
| 10 | (1) MCOs shall not impose any requirements for prior | ||||||
| 11 | approval of emergency services. | ||||||
| 12 | (2) The MCO shall cover emergency services provided to | ||||||
| 13 | enrollees who are temporarily away from their residence and | ||||||
| 14 | outside the contracting area to the extent that the | ||||||
| 15 | enrollees would be entitled to the emergency services if | ||||||
| 16 | they still were within the contracting area. | ||||||
| 17 | (3) The MCO shall have no obligation to cover medical | ||||||
| 18 | services provided on an emergency basis that are not | ||||||
| 19 | covered services under the contract. | ||||||
| 20 | (4) The MCO shall not condition coverage for emergency | ||||||
| 21 | services on the treating provider notifying the MCO of the | ||||||
| 22 | enrollee's screening and treatment within 10 days after | ||||||
| 23 | presentation for emergency services. | ||||||
| 24 | (5) The determination of the attending emergency | ||||||
| 25 | physician, or the provider actually treating the enrollee, | ||||||
| 26 | of whether an enrollee is sufficiently stabilized for | ||||||
| |||||||
| |||||||
| 1 | discharge or transfer to another facility, shall be binding | ||||||
| 2 | on the MCO. The MCO shall cover emergency services for all | ||||||
| 3 | enrollees whether the emergency services are provided by an | ||||||
| 4 | affiliated or non-affiliated provider. | ||||||
| 5 | (6) The MCO's financial responsibility for | ||||||
| 6 | post-stabilization care services it has not pre-approved | ||||||
| 7 | ends when: | ||||||
| 8 | (A) a plan physician with privileges at the | ||||||
| 9 | treating hospital assumes responsibility for the | ||||||
| 10 | enrollee's care; | ||||||
| 11 | (B) a plan physician assumes responsibility for | ||||||
| 12 | the enrollee's care through transfer; | ||||||
| 13 | (C) a contracting entity representative and the | ||||||
| 14 | treating physician reach an agreement concerning the | ||||||
| 15 | enrollee's care; or | ||||||
| 16 | (D) the enrollee is discharged. | ||||||
| 17 | (f) Network adequacy and transparency. | ||||||
| 18 | (1) The Department shall: | ||||||
| 19 | (A) ensure that an adequate provider network is in | ||||||
| 20 | place, taking into consideration health professional | ||||||
| 21 | shortage areas and medically underserved areas; | ||||||
| 22 | (B) publicly release an explanation of its process | ||||||
| 23 | for analyzing network adequacy; | ||||||
| 24 | (C) periodically ensure that an MCO continues to | ||||||
| 25 | have an adequate network in place; and | ||||||
| 26 | (D) require MCOs, including Medicaid Managed Care | ||||||
| |||||||
| |||||||
| 1 | Entities as defined in Section 5-30.2, to meet provider | ||||||
| 2 | directory requirements under Section 5-30.3. | ||||||
| 3 | (2) Each MCO shall confirm its receipt of information | ||||||
| 4 | submitted specific to physician additions or physician | ||||||
| 5 | deletions from the MCO's provider network within 3 days | ||||||
| 6 | after receiving all required information from contracted | ||||||
| 7 | physicians, and electronic physician directories must be | ||||||
| 8 | updated consistent with current rules as published by the | ||||||
| 9 | Centers for Medicare and Medicaid Services or its successor | ||||||
| 10 | agency. | ||||||
| 11 | (g) Timely payment of claims. | ||||||
| 12 | (1) The MCO shall pay a claim within 30 days of | ||||||
| 13 | receiving a claim that contains all the essential | ||||||
| 14 | information needed to adjudicate the claim. | ||||||
| 15 | (2) The MCO shall notify the billing party of its | ||||||
| 16 | inability to adjudicate a claim within 30 days of receiving | ||||||
| 17 | that claim. | ||||||
| 18 | (3) The MCO shall pay a penalty that is at least equal | ||||||
| 19 | to the penalty imposed under the Illinois Insurance Code | ||||||
| 20 | for any claims not timely paid. | ||||||
| 21 | (4) The Department may establish a process for MCOs to | ||||||
| 22 | expedite payments to providers based on criteria | ||||||
| 23 | established by the Department. | ||||||
| 24 | (g-5) Recognizing that the rapid transformation of the | ||||||
| 25 | Illinois Medicaid program may have unintended operational | ||||||
| 26 | challenges for both payers and providers: | ||||||
| |||||||
| |||||||
| 1 | (1) in no instance shall a medically necessary covered | ||||||
| 2 | service rendered in good faith, based upon eligibility | ||||||
| 3 | information documented by the provider, be denied coverage | ||||||
| 4 | or diminished in payment amount if the eligibility or | ||||||
| 5 | coverage information available at the time the service was | ||||||
| 6 | rendered is later found to be inaccurate; and | ||||||
| 7 | (2) the Department shall, by December 31, 2016, adopt | ||||||
| 8 | rules establishing policies that shall be included in the | ||||||
| 9 | Medicaid managed care policy and procedures manual | ||||||
| 10 | addressing payment resolutions in situations in which a | ||||||
| 11 | provider renders services based upon information obtained | ||||||
| 12 | after verifying a patient's eligibility and coverage plan | ||||||
| 13 | through either the Department's current enrollment system | ||||||
| 14 | or a system operated by the coverage plan identified by the | ||||||
| 15 | patient presenting for services: | ||||||
| 16 | (A) such medically necessary covered services | ||||||
| 17 | shall be considered rendered in good faith; | ||||||
| 18 | (B) such policies and procedures shall be | ||||||
| 19 | developed in consultation with industry | ||||||
| 20 | representatives of the Medicaid managed care health | ||||||
| 21 | plans and representatives of provider associations | ||||||
| 22 | representing the majority of providers within the | ||||||
| 23 | identified provider industry; and | ||||||
| 24 | (C) such rules shall be published for a review and | ||||||
| 25 | comment period of no less than 30 days on the | ||||||
| 26 | Department's website with final rules remaining | ||||||
| |||||||
| |||||||
| 1 | available on the Department's website. | ||||||
| 2 | (3) The rules on payment resolutions shall include, but | ||||||
| 3 | not be limited to: | ||||||
| 4 | (A) the extension of the timely filing period; | ||||||
| 5 | (B) retroactive prior authorizations; and | ||||||
| 6 | (C) guaranteed minimum payment rate of no less than | ||||||
| 7 | the current, as of the date of service, fee-for-service | ||||||
| 8 | rate, plus all applicable add-ons, when the resulting | ||||||
| 9 | service relationship is out of network. | ||||||
| 10 | (4) The rules shall be applicable for both MCO coverage | ||||||
| 11 | and fee-for-service coverage. | ||||||
| 12 | (g-6) MCO Performance Metrics Report. | ||||||
| 13 | (1) The Department shall publish, on at least a | ||||||
| 14 | quarterly basis, each MCO's operational performance, | ||||||
| 15 | including, but not limited to, the following categories of | ||||||
| 16 | metrics: | ||||||
| 17 | (A) claims payment, including timeliness and | ||||||
| 18 | accuracy; | ||||||
| 19 | (B) prior authorizations; | ||||||
| 20 | (C) grievance and appeals; | ||||||
| 21 | (D) utilization statistics; | ||||||
| 22 | (E) provider disputes; | ||||||
| 23 | (F) provider credentialing; and | ||||||
| 24 | (G) member and provider customer service. | ||||||
| 25 | (2) The Department shall ensure that the metrics report | ||||||
| 26 | is accessible to providers online by January 1, 2017. | ||||||
| |||||||
| |||||||
| 1 | (3) The metrics shall be developed in consultation with | ||||||
| 2 | industry representatives of the Medicaid managed care | ||||||
| 3 | health plans and representatives of associations | ||||||
| 4 | representing the majority of providers within the | ||||||
| 5 | identified industry. | ||||||
| 6 | (4) Metrics shall be defined and incorporated into the | ||||||
| 7 | applicable Managed Care Policy Manual issued by the | ||||||
| 8 | Department. | ||||||
| 9 | (h) The Department shall not expand mandatory MCO | ||||||
| 10 | enrollment into new counties beyond those counties already | ||||||
| 11 | designated by the Department as of June 1, 2014 for the | ||||||
| 12 | individuals whose eligibility for medical assistance is not the | ||||||
| 13 | seniors or people with disabilities population until the | ||||||
| 14 | Department provides an opportunity for accountable care | ||||||
| 15 | entities and MCOs to participate in such newly designated | ||||||
| 16 | counties. | ||||||
| 17 | (i) The requirements of this Section apply to contracts | ||||||
| 18 | with accountable care entities and MCOs entered into, amended, | ||||||
| 19 | or renewed after June 16, 2014 (the effective date of Public | ||||||
| 20 | Act 98-651) this amendatory Act of the 98th General Assembly.
| ||||||
| 21 | (Source: P.A. 98-651, eff. 6-16-14; 99-725, eff. 8-5-16; | ||||||
| 22 | 99-751, eff. 8-5-16; revised 9-13-16.)
| ||||||
| 23 | (305 ILCS 5/5-30.3) | ||||||
| 24 | Sec. 5-30.3. Empowering meaningful patient choice in | ||||||
| 25 | Medicaid Managed Care. | ||||||
| |||||||
| |||||||
| 1 | (a) Definitions. As used in this Section: | ||||||
| 2 | "Client enrollment services broker" means a vendor the | ||||||
| 3 | Department contracts with to carry out activities related to | ||||||
| 4 | Medicaid recipients' enrollment, disenrollment, and renewal | ||||||
| 5 | with Medicaid Managed Care Entities. | ||||||
| 6 | "Composite domains" means the synthesized categories | ||||||
| 7 | reflecting the standardized quality performance measures | ||||||
| 8 | included in the consumer quality comparison tool. At a minimum, | ||||||
| 9 | these composite domains shall display Medicaid Managed Care | ||||||
| 10 | Entities' individual Plan performance on standardized quality, | ||||||
| 11 | timeliness, and access measures. | ||||||
| 12 | "Consumer quality comparison tool" means an online and | ||||||
| 13 | paper tool developed by the Department with input from | ||||||
| 14 | interested stakeholders reflecting the performance of Medicaid | ||||||
| 15 | Managed Care Entity Plans on standardized quality performance | ||||||
| 16 | measures. This tool shall be designed in a consumer-friendly | ||||||
| 17 | and easily understandable format. | ||||||
| 18 | "Covered services" means those health care services to | ||||||
| 19 | which a covered person is entitled to under the terms of the | ||||||
| 20 | Medicaid Managed Care Entity Plan. | ||||||
| 21 | "Facilities" includes, but is not limited to, federally | ||||||
| 22 | qualified health centers, skilled nursing facilities, and | ||||||
| 23 | rehabilitation centers. | ||||||
| 24 | "Hospitals" includes, but is not limited to, acute care, | ||||||
| 25 | rehabilitation, children's, and cancer hospitals. | ||||||
| 26 | "Integrated provider directory" means a searchable | ||||||
| |||||||
| |||||||
| 1 | database bringing together network data from multiple Medicaid | ||||||
| 2 | Managed Care Entities that is available through client | ||||||
| 3 | enrollment services. | ||||||
| 4 | "Medicaid eligibility redetermination" means the process | ||||||
| 5 | by which the eligibility of a Medicaid recipient is reviewed by | ||||||
| 6 | the Department to determine if the recipient's medical benefits | ||||||
| 7 | will continue, be modified, or terminated. | ||||||
| 8 | "Medicaid Managed Care Entity" has the same meaning as | ||||||
| 9 | defined in Section 5-30.2 of this Code. | ||||||
| 10 | (b) Provider directory transparency. | ||||||
| 11 | (1) Each Medicaid Managed Care Entity shall: | ||||||
| 12 | (A) Make available on the entity's website a | ||||||
| 13 | provider directory in a machine readable file and | ||||||
| 14 | format. | ||||||
| 15 | (B) Make provider directories publicly accessible | ||||||
| 16 | without the necessity of providing a password, a | ||||||
| 17 | username, or personally identifiable information. | ||||||
| 18 | (C) Comply with all federal and State statutes and | ||||||
| 19 | regulations, including 42 CFR 438.10, pertaining to | ||||||
| 20 | provider directories within Medicaid Managed Care. | ||||||
| 21 | (D) Request, at least annually, provider office | ||||||
| 22 | hours for each of the following provider types: | ||||||
| 23 | (i) Health care professionals, including | ||||||
| 24 | dental and vision providers. | ||||||
| 25 | (ii) Hospitals. | ||||||
| 26 | (iii) Facilities, other than hospitals. | ||||||
| |||||||
| |||||||
| 1 | (iv) Pharmacies, other than hospitals. | ||||||
| 2 | (v) Durable medical equipment suppliers, other | ||||||
| 3 | than hospitals. | ||||||
| 4 | Medicaid Managed Care Entities shall publish the | ||||||
| 5 | provider office hours in the provider directory upon | ||||||
| 6 | receipt. | ||||||
| 7 | (E) Confirm with the Medicaid Managed Care | ||||||
| 8 | Entity's contracted providers who have not submitted | ||||||
| 9 | claims within the past 6 months that the contracted | ||||||
| 10 | providers intend to remain in the network and correct | ||||||
| 11 | any incorrect provider directory information as | ||||||
| 12 | necessary. | ||||||
| 13 | (F) Ensure that in situations in which a Medicaid | ||||||
| 14 | Managed Care Entity Plan enrollee receives covered | ||||||
| 15 | services from a non-participating provider due to a | ||||||
| 16 | material misrepresentation in a Medicaid Managed Care | ||||||
| 17 | Entity's online electronic provider directory, the | ||||||
| 18 | Medicaid Managed Care Entity Plan enrollee shall not be | ||||||
| 19 | held responsible for any costs resulting from that | ||||||
| 20 | material misrepresentation. | ||||||
| 21 | (G) Conspicuously display an e-mail address and a | ||||||
| 22 | toll-free telephone number to which any individual may | ||||||
| 23 | report any inaccuracy in the provider directory. If the | ||||||
| 24 | Medicaid Managed Care Entity receives a report from any | ||||||
| 25 | person who specifically identifies provider directory | ||||||
| 26 | information as inaccurate, the Medicaid Managed Care | ||||||
| |||||||
| |||||||
| 1 | Entity shall investigate the report and correct any | ||||||
| 2 | inaccurate information displayed in the electronic | ||||||
| 3 | directory. | ||||||
| 4 | (2) The Department shall: | ||||||
| 5 | (A) Regularly monitor Medicaid Managed Care | ||||||
| 6 | Entities to ensure that they are compliant with the | ||||||
| 7 | requirements under paragraph (1) of subsection (b). | ||||||
| 8 | (B) Require that the client enrollment services | ||||||
| 9 | broker use the Medicaid provider number for all | ||||||
| 10 | providers with a Medicaid Provider number to populate | ||||||
| 11 | the provider information in the integrated provider | ||||||
| 12 | directory. | ||||||
| 13 | (C) Ensure that each Medicaid Managed Care Entity | ||||||
| 14 | shall, at minimum, make the information in | ||||||
| 15 | subparagraph (D) of paragraph (1) of subsection (b) | ||||||
| 16 | available to the client enrollment services broker. | ||||||
| 17 | (D) Ensure that the client enrollment services | ||||||
| 18 | broker shall, at minimum, have the information in | ||||||
| 19 | subparagraph (D) of paragraph (1) of subsection (b) | ||||||
| 20 | available and searchable through the integrated | ||||||
| 21 | provider directory on its website as soon as possible | ||||||
| 22 | but no later than January 1, 2017. | ||||||
| 23 | (E) Require the client enrollment services broker | ||||||
| 24 | to conspicuously display near the integrated provider | ||||||
| 25 | directory an email address and a toll-free telephone | ||||||
| 26 | number provided by the Department to which any | ||||||
| |||||||
| |||||||
| 1 | individual may report inaccuracies in the integrated | ||||||
| 2 | provider directory. If the Department receives a | ||||||
| 3 | report that identifies an inaccuracy in the integrated | ||||||
| 4 | provider directory, the Department shall provide the | ||||||
| 5 | information about the reported inaccuracy to the | ||||||
| 6 | appropriate Medicaid Managed Care Entity within 3 | ||||||
| 7 | business days after the reported inaccuracy is | ||||||
| 8 | received. | ||||||
| 9 | (c) Formulary transparency. | ||||||
| 10 | (1) Medicaid Managed Care Entities shall publish on | ||||||
| 11 | their respective websites a formulary for each Medicaid | ||||||
| 12 | Managed Care Entity Plan offered and make the formularies | ||||||
| 13 | easily understandable and publicly accessible without the | ||||||
| 14 | necessity of providing a password, a username, or | ||||||
| 15 | personally identifiable information. | ||||||
| 16 | (2) Medicaid Managed Care Entities shall provide | ||||||
| 17 | printed formularies upon request. | ||||||
| 18 | (3) Electronic and print formularies shall display: | ||||||
| 19 | (A) the medications covered (both generic and name | ||||||
| 20 | brand); | ||||||
| 21 | (B) if the medication is preferred or not | ||||||
| 22 | preferred, and what each term means; | ||||||
| 23 | (C) what tier each medication is in and the meaning | ||||||
| 24 | of each tier; | ||||||
| 25 | (D) any utilization controls including, but not | ||||||
| 26 | limited to, step therapy, prior approval, dosage | ||||||
| |||||||
| |||||||
| 1 | limits, gender or age restrictions, quantity limits, | ||||||
| 2 | or other policies that affect access to medications; | ||||||
| 3 | (E) any required cost-sharing; | ||||||
| 4 | (F) a glossary of key terms and explanation of | ||||||
| 5 | utilization controls and cost-sharing requirements; | ||||||
| 6 | (G) a key or legend for all utilization controls | ||||||
| 7 | visible on every page in which specific medication | ||||||
| 8 | coverage information is displayed; and | ||||||
| 9 | (H) directions explaining the process or processes | ||||||
| 10 | a consumer may follow to obtain more information if a | ||||||
| 11 | medication the consumer requires is not covered or | ||||||
| 12 | listed in the formulary. | ||||||
| 13 | (4) Each Medicaid Managed Care Entity shall display | ||||||
| 14 | conspicuously with each electronic and printed medication | ||||||
| 15 | formulary an e-mail address and a toll-free telephone | ||||||
| 16 | number to which any individual may report any inaccuracy in | ||||||
| 17 | the formulary. If the Medicaid Managed Care Entity receives | ||||||
| 18 | a report that the formulary information is inaccurate, the | ||||||
| 19 | Medicaid Managed Care Entity shall investigate the report | ||||||
| 20 | and correct any inaccurate information displayed in the | ||||||
| 21 | electronic formulary. | ||||||
| 22 | (5) Each Medicaid Managed Care Entity shall include a | ||||||
| 23 | disclosure in the electronic and requested print | ||||||
| 24 | formularies that provides the date of publication, a | ||||||
| 25 | statement that the formulary is up to date as of | ||||||
| 26 | publication, and contact information for questions and | ||||||
| |||||||
| |||||||
| 1 | requests to receive updated information. | ||||||
| 2 | (6) The client enrollment services broker's website | ||||||
| 3 | shall display prominently a website URL link to each | ||||||
| 4 | Medicaid Managed Care Entity's Plan formulary. If a | ||||||
| 5 | Medicaid enrollee calls the client enrollment services | ||||||
| 6 | broker with questions regarding formularies, the client | ||||||
| 7 | enrollment services broker shall offer a brief description | ||||||
| 8 | of what a formulary is and shall refer the Medicaid | ||||||
| 9 | enrollee to the appropriate Medicaid Managed Care Entity | ||||||
| 10 | regarding his or her questions about a specific entity's | ||||||
| 11 | formulary. | ||||||
| 12 | (d) Grievances and appeals. The Department shall display | ||||||
| 13 | prominently on its website consumer-oriented information | ||||||
| 14 | describing how a Medicaid enrollee can file a complaint or | ||||||
| 15 | grievance, request a fair hearing for any adverse action taken | ||||||
| 16 | by the Department or a Medicaid Managed Care Entity, and access | ||||||
| 17 | free legal assistance or other assistance made available by the | ||||||
| 18 | State for Medicaid enrollees to pursue an action. | ||||||
| 19 | (e) Medicaid redetermination information.
The Department | ||||||
| 20 | shall require the client enrollment services broker to display | ||||||
| 21 | prominently on the client enrollment services broker's website | ||||||
| 22 | a description of where a Medicaid enrollee can access | ||||||
| 23 | information regarding the Medicaid redetermination process. | ||||||
| 24 | (f) Medicaid care coordination information. The client | ||||||
| 25 | enrollment services broker shall display prominently on its | ||||||
| 26 | website, in an easily understandable format, consumer-oriented | ||||||
| |||||||
| |||||||
| 1 | information regarding the role of care coordination services | ||||||
| 2 | within Medicaid Managed Care. Such information shall include, | ||||||
| 3 | but shall not be limited to: | ||||||
| 4 | (1) a basic description of the role of care | ||||||
| 5 | coordination services and examples of specific care | ||||||
| 6 | coordination activities; and | ||||||
| 7 | (2) how a Medicaid enrollee may request care | ||||||
| 8 | coordination services from a Medicaid Managed Care Entity. | ||||||
| 9 | (g) Consumer quality comparison tool. | ||||||
| 10 | (1) The Department shall create a consumer quality | ||||||
| 11 | comparison tool to assist Medicaid enrollees with Medicaid | ||||||
| 12 | Managed Care Entity Plan selection. This tool shall provide | ||||||
| 13 | Medicaid Managed Care Entities' individual Plan | ||||||
| 14 | performance on a set of standardized quality performance | ||||||
| 15 | measures. The Department shall ensure that this tool shall | ||||||
| 16 | be accessible in both a print and online format, with the | ||||||
| 17 | online format allowing for individuals to access | ||||||
| 18 | additional detailed Plan performance information. | ||||||
| 19 | (2) At a minimum, a printed version of the consumer | ||||||
| 20 | quality comparison tool shall be provided by the Department | ||||||
| 21 | on an annual basis to Medicaid enrollees who are required | ||||||
| 22 | by the Department to enroll in a Medicaid Managed Care | ||||||
| 23 | Entity Plan during an enrollee's open enrollment period. | ||||||
| 24 | The consumer quality comparison tool shall also meet all of | ||||||
| 25 | the following criteria: | ||||||
| 26 | (A) Display Medicaid Managed Care Entities' | ||||||
| |||||||
| |||||||
| 1 | individual Plan performance on at least 4 composite | ||||||
| 2 | domains that reflect Plan quality, timeliness, and | ||||||
| 3 | access. The composite domains shall draw from the most | ||||||
| 4 | current available performance data sets including, but | ||||||
| 5 | not limited to: | ||||||
| 6 | (i) Healthcare Effectiveness Data and | ||||||
| 7 | Information Set (HEDIS) measures. | ||||||
| 8 | (ii) Core Set of Children's Health Care | ||||||
| 9 | Quality measures as required under the Children's | ||||||
| 10 | Health Insurance Program Reauthorization Act | ||||||
| 11 | (CHIPRA). | ||||||
| 12 | (iii) Adult Core Set measures. | ||||||
| 13 | (iv) Consumer Assessment of Healthcare | ||||||
| 14 | Providers and Systems (CAHPS) survey results. | ||||||
| 15 | (v) Additional performance measures the | ||||||
| 16 | Department deems appropriate to populate the | ||||||
| 17 | composite domains. | ||||||
| 18 | (B) Use a quality rating system developed by the | ||||||
| 19 | Department to reflect Medicaid Managed Care Entities' | ||||||
| 20 | individual Plan performance. The quality rating system | ||||||
| 21 | for each composite domain shall reflect the Medicaid | ||||||
| 22 | Managed Care Entities' individual Plan performance | ||||||
| 23 | and, when possible, plan performance relative to | ||||||
| 24 | national Medicaid percentiles. | ||||||
| 25 | (C) Be customized to reflect the specific Medicaid | ||||||
| 26 | Managed Care Entities' Plans available to the Medicaid | ||||||
| |||||||
| |||||||
| 1 | enrollee based on his or her geographic location and | ||||||
| 2 | Medicaid eligibility category. | ||||||
| 3 | (D) Include contact information for the client | ||||||
| 4 | enrollment services broker and contact information for | ||||||
| 5 | Medicaid Managed Care Entities available to the | ||||||
| 6 | Medicaid enrollee based on his or her geographic | ||||||
| 7 | location and Medicaid eligibility category. | ||||||
| 8 | (E) Include guiding questions designed to assist | ||||||
| 9 | individuals selecting a Medicaid Managed Care Entity | ||||||
| 10 | Plan. | ||||||
| 11 | (3) At a minimum, the online version of the consumer | ||||||
| 12 | quality comparison tool shall meet all of the following | ||||||
| 13 | criteria: | ||||||
| 14 | (A) Display Medicaid Managed Care Entities' | ||||||
| 15 | individual Plan performance for the same composite | ||||||
| 16 | domains selected by the Department in the printed | ||||||
| 17 | version of the consumer quality comparison tool. The | ||||||
| 18 | Department may display additional composite domains in | ||||||
| 19 | the online version of the consumer quality comparison | ||||||
| 20 | tool as appropriate. | ||||||
| 21 | (B) Display Medicaid Managed Care Entities' | ||||||
| 22 | individual Plan performance on each of the | ||||||
| 23 | standardized performance measures that contribute to | ||||||
| 24 | each composite domain displayed on the online version | ||||||
| 25 | of the consumer quality comparison tool. | ||||||
| 26 | (C) Use a quality rating system developed by the | ||||||
| |||||||
| |||||||
| 1 | Department to reflect Medicaid Managed Care Entities' | ||||||
| 2 | individual Plan performance. The quality rating system | ||||||
| 3 | for each composite domain shall reflect the Medicaid | ||||||
| 4 | Managed Care Entities' individual Plan performance | ||||||
| 5 | and, when possible, plan performance relative to | ||||||
| 6 | national Medicaid percentiles. | ||||||
| 7 | (D) Include the specific Medicaid Managed Care | ||||||
| 8 | Entity Plans available to the Medicaid enrollee based | ||||||
| 9 | on his or her geographic location and Medicaid | ||||||
| 10 | eligibility category. | ||||||
| 11 | (E) Include a sort function to view Medicaid | ||||||
| 12 | Managed Care Entities' individual Plan performance by | ||||||
| 13 | quality rating and by standardized quality performance | ||||||
| 14 | measures. | ||||||
| 15 | (F) Include contact information for the client | ||||||
| 16 | enrollment services broker and for each Medicaid | ||||||
| 17 | Managed Care Entity. | ||||||
| 18 | (G) Include guiding questions designed to assist | ||||||
| 19 | individuals in selecting a Medicaid Managed Care | ||||||
| 20 | Entity Plan. | ||||||
| 21 | (H) Prominently display current notice of quality | ||||||
| 22 | performance sanctions against Medicaid Managed Care | ||||||
| 23 | Entities. Notice of the sanctions shall remain present | ||||||
| 24 | on the online version of the consumer quality | ||||||
| 25 | comparison tool until the sanctions are lifted. | ||||||
| 26 | (4) The online version of the consumer quality | ||||||
| |||||||
| |||||||
| 1 | comparison tool shall be displayed prominently on the | ||||||
| 2 | client enrollment services broker's website. | ||||||
| 3 | (5) In the development of the consumer quality | ||||||
| 4 | comparison tool, the Department shall establish and | ||||||
| 5 | publicize a formal process to collect and consider written | ||||||
| 6 | and oral feedback from consumers, advocates, and | ||||||
| 7 | stakeholders on aspects of the consumer quality comparison | ||||||
| 8 | tool, including, but not limited to, the following: | ||||||
| 9 | (A) The standardized data sets and surveys, | ||||||
| 10 | specific performance measures, and composite domains | ||||||
| 11 | represented in the consumer quality comparison tool. | ||||||
| 12 | (B) The format and presentation of the consumer | ||||||
| 13 | quality comparison tool. | ||||||
| 14 | (C) The methods undertaken by the Department to | ||||||
| 15 | notify Medicaid enrollees of the availability of the | ||||||
| 16 | consumer quality comparison tool. | ||||||
| 17 | (6) The Department shall review and update as | ||||||
| 18 | appropriate the composite domains and performance measures | ||||||
| 19 | represented in the print and online versions of the | ||||||
| 20 | consumer quality comparison tool at least once every 3 | ||||||
| 21 | years. During the Department's review process, the | ||||||
| 22 | Department shall solicit engagement in the public feedback | ||||||
| 23 | process described in paragraph (5). | ||||||
| 24 | (7) The Department shall ensure that the consumer | ||||||
| 25 | quality comparison tool is available for consumer use as | ||||||
| 26 | soon as possible but no later than January 1, 2018. | ||||||
| |||||||
| |||||||
| 1 | (h)
The Department may adopt rules and take any other | ||||||
| 2 | appropriate action necessary to implement its responsibilities | ||||||
| 3 | under this Section.
| ||||||
| 4 | (Source: P.A. 99-725, eff. 8-5-16.)
| ||||||
| 5 | (305 ILCS 5/5-30.4) | ||||||
| 6 | Sec. 5-30.4 5-30.3. Provider inquiry portal. The | ||||||
| 7 | Department shall establish, no later than January 1, 2018, a | ||||||
| 8 | web-based portal to accept inquiries and requests for | ||||||
| 9 | assistance from managed care organizations under contract with | ||||||
| 10 | the State and providers under contract with managed care | ||||||
| 11 | organizations to provide direct care.
| ||||||
| 12 | (Source: P.A. 99-719, eff. 1-1-17; revised 10-18-16.)
| ||||||
| 13 | (305 ILCS 5/5-30.5) | ||||||
| 14 | Sec. 5-30.5 5-30.3. Managed care; automatic assignment. | ||||||
| 15 | The
Department shall, within a reasonable period of time after
| ||||||
| 16 | relevant data from managed care entities has been collected and
| ||||||
| 17 | analyzed, but no earlier than January 1, 2017, seek input from | ||||||
| 18 | the managed care entities and other stakeholders and develop | ||||||
| 19 | and
implement within each enrollment region an algorithm | ||||||
| 20 | preserving existing provider-beneficiary relationships that | ||||||
| 21 | takes
into account quality scores and other operational | ||||||
| 22 | proficiency
criteria developed, defined, and adopted by the | ||||||
| 23 | Department, to
automatically assign Medicaid enrollees served | ||||||
| 24 | under the
Family Health Plan and the Integrated Care Program | ||||||
| |||||||
| |||||||
| 1 | and those
Medicaid enrollees eligible for medical assistance | ||||||
| 2 | pursuant to
the Patient Protection and Affordable Care Act | ||||||
| 3 | (Public Law 111-148) into managed care entities, including | ||||||
| 4 | Accountable
Care Entities, Managed Care Community Networks, | ||||||
| 5 | and Managed
Care Organizations. The quality metrics used shall | ||||||
| 6 | be
measurable for all entities. The algorithm shall not use the
| ||||||
| 7 | quality and proficiency metrics to reassign enrollees out of
| ||||||
| 8 | any plan in which they are enrolled at the time and shall only
| ||||||
| 9 | be used if the client has not voluntarily selected a primary
| ||||||
| 10 | care physician and a managed care entity or care coordination
| ||||||
| 11 | entity. Clients shall have one opportunity within 90 calendar
| ||||||
| 12 | days after auto-assignment by algorithm to select a different
| ||||||
| 13 | managed care entity. The algorithm developed and implemented
| ||||||
| 14 | shall favor assignment into managed care entities with the
| ||||||
| 15 | highest quality scores and levels of compliance with the
| ||||||
| 16 | operational proficiency criteria established, taking into | ||||||
| 17 | consideration existing provider-beneficiary relationship as | ||||||
| 18 | defined by 42 CFR 438.50(f)(3) if one exists.
| ||||||
| 19 | (Source: P.A. 99-898, eff. 1-1-17; revised 10-18-16.)
| ||||||
| 20 | (305 ILCS 5/10-15.1) | ||||||
| 21 | Sec. 10-15.1. Judicial registration of administrative
| ||||||
| 22 | support orders and administrative paternity orders. | ||||||
| 23 | (a) A final administrative support order or a final | ||||||
| 24 | administrative paternity order, excluding a voluntary | ||||||
| 25 | acknowledgement or denial of paternity that is governed by | ||||||
| |||||||
| |||||||
| 1 | other provisions of this Code, the Illinois Parentage Act of | ||||||
| 2 | 2015 1984, and the Vital Records Act, established by the
| ||||||
| 3 | Illinois Department under this Article X may be registered in
| ||||||
| 4 | the appropriate circuit court of this State by the Department
| ||||||
| 5 | or by a party to the order by filing: | ||||||
| 6 | (1) Two copies, including one certified copy of the
| ||||||
| 7 | order to be registered, any modification of the | ||||||
| 8 | administrative
support order, any voluntary acknowledgment | ||||||
| 9 | of paternity
pertaining to the child covered by the order, | ||||||
| 10 | and the documents
showing service of the notice of support | ||||||
| 11 | obligation or the notice of paternity and support | ||||||
| 12 | obligation that commenced
the procedure for establishment | ||||||
| 13 | of the administrative support
order or the administrative | ||||||
| 14 | paternity order pursuant to Section 10-4 of this Code. | ||||||
| 15 | (2) A sworn statement by the person requesting
| ||||||
| 16 | registration or a certified copy of the Department payment
| ||||||
| 17 | record showing the amount of any past due support accrued
| ||||||
| 18 | under the administrative support order. | ||||||
| 19 | (3) The name of the obligor and, if known, the
| ||||||
| 20 | obligor's address and social security number. | ||||||
| 21 | (4) The name of the obligee and the obligee's address,
| ||||||
| 22 | unless the obligee alleges in an affidavit or pleading
| ||||||
| 23 | under oath that the health, safety, or liberty of the
| ||||||
| 24 | obligee or child would be jeopardized by disclosure of
| ||||||
| 25 | specific identifying information, in which case that
| ||||||
| 26 | information must be sealed and may not be disclosed to the
| ||||||
| |||||||
| |||||||
| 1 | other party or public. After a hearing in which the court
| ||||||
| 2 | takes into consideration the health, safety, or liberty of
| ||||||
| 3 | the party or child, the court may order disclosure of
| ||||||
| 4 | information that the court determines to be in the interest
| ||||||
| 5 | of justice. | ||||||
| 6 | (b) The filing of an administrative support order or an | ||||||
| 7 | administrative paternity order under
subsection (a) | ||||||
| 8 | constitutes registration with the circuit
court. | ||||||
| 9 | (c) (Blank). | ||||||
| 10 | (c-5) Every notice of registration must be accompanied by a | ||||||
| 11 | copy of the registered administrative support order or the | ||||||
| 12 | registered administrative paternity order and the documents | ||||||
| 13 | and relevant information accompanying the order pursuant to | ||||||
| 14 | subsection (a). | ||||||
| 15 | (d) (Blank). | ||||||
| 16 | (d-5) The registering party shall serve notice of the | ||||||
| 17 | registration on the other party by first class mail, unless the | ||||||
| 18 | administrative support order or the administrative paternity | ||||||
| 19 | order was entered by default or the registering party is also | ||||||
| 20 | seeking an affirmative remedy. The registering party shall | ||||||
| 21 | serve notice on the Department in all cases by first class | ||||||
| 22 | mail. | ||||||
| 23 | (1) If the administrative support order or the
| ||||||
| 24 | administrative paternity order was entered by default | ||||||
| 25 | against the obligor, the obligor must be served with the | ||||||
| 26 | registration by any method provided by law for service of | ||||||
| |||||||
| |||||||
| 1 | summons. | ||||||
| 2 | (2) If a petition or comparable pleading seeking an | ||||||
| 3 | affirmative remedy is filed with the registration, the | ||||||
| 4 | non-moving party must be served with the registration and | ||||||
| 5 | the affirmative pleading by any method provided by law for | ||||||
| 6 | service of summons. | ||||||
| 7 | (e) A notice of registration of an administrative support
| ||||||
| 8 | order or an administrative paternity order must provide the | ||||||
| 9 | following information: | ||||||
| 10 | (1) That a registered administrative order is
| ||||||
| 11 | enforceable in the same manner as an order for support or | ||||||
| 12 | an order for paternity
issued by the circuit court. | ||||||
| 13 | (2) That a hearing to contest enforcement of the
| ||||||
| 14 | registered administrative support order or the registered | ||||||
| 15 | administrative paternity order must be requested
within 30 | ||||||
| 16 | days after the date of service of the notice. | ||||||
| 17 | (3) That failure to contest, in a timely manner, the
| ||||||
| 18 | enforcement of the registered administrative
support order | ||||||
| 19 | or the registered administrative paternity order shall | ||||||
| 20 | result in confirmation of the order and
enforcement of the | ||||||
| 21 | order and the alleged arrearages and
precludes further | ||||||
| 22 | contest of that order with respect to any
matter that could | ||||||
| 23 | have been asserted. | ||||||
| 24 | (4) The amount of any alleged arrearages. | ||||||
| 25 | (f) A nonregistering party seeking to contest enforcement
| ||||||
| 26 | of a registered administrative support order or a registered | ||||||
| |||||||
| |||||||
| 1 | administrative paternity order shall request
a hearing within | ||||||
| 2 | 30 days after the date of service
of notice of the | ||||||
| 3 | registration. The nonregistering party may
seek to vacate the | ||||||
| 4 | registration, to assert any defense to an
allegation of | ||||||
| 5 | noncompliance with the registered administrative
support order | ||||||
| 6 | or the registered administrative paternity order, or to contest | ||||||
| 7 | the remedies being sought or the
amount of any alleged | ||||||
| 8 | arrearages. | ||||||
| 9 | (g) If the nonregistering party fails to contest the
| ||||||
| 10 | enforcement of the registered administrative
support order or | ||||||
| 11 | the registered administrative paternity order in a timely | ||||||
| 12 | manner, the order shall be confirmed
by operation of law. | ||||||
| 13 | (h) If a nonregistering party requests a hearing to contest
| ||||||
| 14 | the enforcement of the registered administrative
support order | ||||||
| 15 | or the registered administrative paternity order, the circuit | ||||||
| 16 | court shall schedule the matter for
hearing and give notice to | ||||||
| 17 | the parties and the Illinois
Department of the date, time, and | ||||||
| 18 | place of the hearing. | ||||||
| 19 | (i) A party contesting the enforcement of a registered | ||||||
| 20 | administrative support order or a registered administrative | ||||||
| 21 | paternity order or seeking to vacate
the registration has the | ||||||
| 22 | burden of proving one or more of the
following defenses: | ||||||
| 23 | (1) The Illinois Department lacked personal
| ||||||
| 24 | jurisdiction over the contesting party. | ||||||
| 25 | (2) The administrative support order or the
| ||||||
| 26 | administrative paternity order was obtained by
fraud. | ||||||
| |||||||
| |||||||
| 1 | (3) The administrative support order or the
| ||||||
| 2 | administrative paternity order has been vacated,
| ||||||
| 3 | suspended, or modified by a later order. | ||||||
| 4 | (4) The Illinois Department has stayed the
| ||||||
| 5 | administrative support order or the administrative | ||||||
| 6 | paternity order pending appeal. | ||||||
| 7 | (5) There is a defense under the law to the remedy | ||||||
| 8 | sought. | ||||||
| 9 | (6) Full or partial payment has been made. | ||||||
| 10 | (j) If a party presents evidence establishing a full or
| ||||||
| 11 | partial payment defense under subsection (i), the court may
| ||||||
| 12 | stay enforcement of the registered order, continue the
| ||||||
| 13 | proceeding to permit production of additional relevant
| ||||||
| 14 | evidence, and issue other appropriate orders. An uncontested
| ||||||
| 15 | portion of the registered administrative support order or the | ||||||
| 16 | registered administrative paternity order may be
enforced by | ||||||
| 17 | all remedies available under State law. | ||||||
| 18 | (k) If a contesting party does not establish a defense
| ||||||
| 19 | under subsection (i) to the enforcement of the
administrative | ||||||
| 20 | support order or the administrative paternity order, the court | ||||||
| 21 | shall issue an order
confirming the administrative support | ||||||
| 22 | order or the administrative paternity order. Confirmation of
| ||||||
| 23 | the registered administrative support order or the registered | ||||||
| 24 | administrative paternity order, whether by operation of law or | ||||||
| 25 | after notice and hearing, precludes further
contest of the | ||||||
| 26 | order with respect to any matter that could have
been asserted | ||||||
| |||||||
| |||||||
| 1 | at the time of registration. Upon confirmation,
the registered | ||||||
| 2 | administrative support order or the registered administrative | ||||||
| 3 | paternity order shall be treated in
the same manner as a | ||||||
| 4 | support order or a paternity order entered by the circuit | ||||||
| 5 | court,
including the ability of the court to entertain a | ||||||
| 6 | petition to
modify the administrative support order due to a | ||||||
| 7 | substantial
change in circumstances or a petition to modify the | ||||||
| 8 | administrative paternity order due to clear and convincing | ||||||
| 9 | evidence regarding paternity, or petitions for visitation or | ||||||
| 10 | custody
of the child or children covered by the administrative | ||||||
| 11 | support
order or the administrative paternity order. Nothing in | ||||||
| 12 | this Section shall be construed to alter the
effect of a final | ||||||
| 13 | administrative support order or a final administrative | ||||||
| 14 | paternity order, or the restriction
of judicial review of such | ||||||
| 15 | a final order to the provisions of the
Administrative Review | ||||||
| 16 | Law, as provided in Sections 10-11 and 10-17.7 of this Code.
| ||||||
| 17 | (l) Notwithstanding the limitations of relief provided for | ||||||
| 18 | under this Section regarding an administrative paternity order | ||||||
| 19 | and the administrative relief available from an administrative | ||||||
| 20 | paternity order under Sections 10-12 through 10-14.1 of this | ||||||
| 21 | Code, a party may petition for relief from a registered final | ||||||
| 22 | administrative paternity order entered by consent of the | ||||||
| 23 | parties, excluding a voluntary acknowledgement or denial of | ||||||
| 24 | paternity as well as an administrative paternity order entered | ||||||
| 25 | pursuant to genetic testing. The petition shall be filed | ||||||
| 26 | pursuant to Section 2-1401 of the Code of Civil Procedure based | ||||||
| |||||||
| |||||||
| 1 | upon a showing of due diligence and a meritorious defense. The | ||||||
| 2 | court, after reviewing the evidence regarding this specific | ||||||
| 3 | type of administrative paternity order entered by consent of | ||||||
| 4 | the parties, shall issue an order regarding the petition. | ||||||
| 5 | Nothing in this Section shall be construed to alter the effect | ||||||
| 6 | of a final administrative paternity order, or the restriction | ||||||
| 7 | of judicial review of such a final order to the provisions of | ||||||
| 8 | the Administrative Review Law, as provided in Section 10-17.7 | ||||||
| 9 | of this Code. | ||||||
| 10 | (Source: P.A. 98-563, eff. 8-27-13; 99-471, eff. 8-27-15; | ||||||
| 11 | revised 10-26-16.)
| ||||||
| 12 | (305 ILCS 5/10-17.3) (from Ch. 23, par. 10-17.3)
| ||||||
| 13 | Sec. 10-17.3. Federal Income Tax Refund Intercept. The | ||||||
| 14 | Illinois
Department may provide by rule for certification to | ||||||
| 15 | the United States Department of
Health and Human Services of | ||||||
| 16 | past due support owed
by responsible relatives under a support | ||||||
| 17 | order entered by a court or
administrative body of this or any | ||||||
| 18 | other State on behalf of resident or
non-resident persons. The | ||||||
| 19 | purpose of certification shall be to intercept
Federal Income | ||||||
| 20 | Tax refunds due such relatives in order to satisfy such past
| ||||||
| 21 | due support in whole or in part.
| ||||||
| 22 | The rule shall provide for notice to and an opportunity to | ||||||
| 23 | be heard by
the responsible relative affected and any final | ||||||
| 24 | administrative decision
rendered by the Department shall be | ||||||
| 25 | reviewed only under and in accordance
with the Administrative | ||||||
| |||||||
| |||||||
| 1 | Review Law. Certification shall be accomplished in
accordance | ||||||
| 2 | with Title IV, Part D of the federal Social Security Act and
| ||||||
| 3 | rules and regulations promulgated thereunder.
| ||||||
| 4 | (Source: P.A. 84-758; revised 9-13-16.)
| ||||||
| 5 | (305 ILCS 5/10-17.14) | ||||||
| 6 | Sec. 10-17.14. Denial of passports. The Illinois | ||||||
| 7 | Department may provide by rule for certification to the United | ||||||
| 8 | States Department of Health and Human Services of past due | ||||||
| 9 | support owed by responsible relatives under a support order | ||||||
| 10 | entered by a court or administrative body of this or any other | ||||||
| 11 | State on behalf of resident or non-resident persons. The | ||||||
| 12 | purpose of certification shall be to effect denial, revocation, | ||||||
| 13 | restriction, or limitation of passports of responsible | ||||||
| 14 | relatives owing past due support. | ||||||
| 15 | The rule shall provide for notice to and an opportunity to | ||||||
| 16 | be heard by the responsible relative affected and any final | ||||||
| 17 | administrative decision rendered by the Department shall be | ||||||
| 18 | reviewed only under and in accordance with the Administrative | ||||||
| 19 | Review Law. Certification shall be accomplished in accordance | ||||||
| 20 | with Title IV, Part D of the federal Social Security Act and | ||||||
| 21 | rules and regulations promulgated thereunder.
| ||||||
| 22 | (Source: P.A. 97-186, eff. 7-22-11; revised 9-13-16.)
| ||||||
| 23 | (305 ILCS 5/10-24.50)
| ||||||
| 24 | Sec. 10-24.50. Financial institution's freedom from | ||||||
| |||||||
| |||||||
| 1 | liability. A
financial institution that provides information | ||||||
| 2 | under Sections 10-24 through
10-24.50 shall not be liable to | ||||||
| 3 | any account holder, owner, or other person in
any civil, | ||||||
| 4 | criminal, or administrative action for any
of the following:
| ||||||
| 5 | (1) Disclosing the required information to the | ||||||
| 6 | Illinois Department, any other provisions of the law | ||||||
| 7 | notwithstanding not withstanding.
| ||||||
| 8 | (2) Holding, encumbering, or surrendering any of an | ||||||
| 9 | individual's accounts
as defined in Section 10-24 in
| ||||||
| 10 | response to a lien or order to withhold and deliver issued | ||||||
| 11 | by:
| ||||||
| 12 | (A) the Illinois Department
under Sections 10-25 | ||||||
| 13 | and 10-25.5; or
| ||||||
| 14 | (B) a person or entity acting on behalf of the | ||||||
| 15 | Illinois Department.
| ||||||
| 16 | (3) Any other action taken or omission made in good | ||||||
| 17 | faith to comply with
Sections 10-24
through 10-24.50, | ||||||
| 18 | including individual or mechanical errors, provided that | ||||||
| 19 | the
action or omission does not constitute gross negligence | ||||||
| 20 | or willful misconduct.
| ||||||
| 21 | (Source: P.A. 95-331, eff. 8-21-07; revised 9-13-16.)
| ||||||
| 22 | (305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
| ||||||
| 23 | Sec. 11-9. Protection of records; exceptions records - | ||||||
| 24 | Exceptions. For the protection of applicants and recipients, | ||||||
| 25 | the Illinois Department,
the county departments and local | ||||||
| |||||||
| |||||||
| 1 | governmental units and their respective
officers and employees | ||||||
| 2 | are prohibited, except as hereinafter provided, from
| ||||||
| 3 | disclosing the contents of any records, files, papers and | ||||||
| 4 | communications,
except for purposes directly connected with | ||||||
| 5 | the administration of public
aid under this Code.
| ||||||
| 6 | In any judicial proceeding, except a proceeding directly | ||||||
| 7 | concerned with
the administration of programs provided for in | ||||||
| 8 | this Code, such records,
files, papers and communications, and | ||||||
| 9 | their contents shall be deemed
privileged communications and | ||||||
| 10 | shall be disclosed only upon the order of the
court, where the | ||||||
| 11 | court finds such to be necessary in the interest of justice.
| ||||||
| 12 | The Illinois Department shall establish and enforce | ||||||
| 13 | reasonable rules and
regulations governing the custody, use and | ||||||
| 14 | preservation of the records,
papers, files, and communications | ||||||
| 15 | of the Illinois Department, the county
departments and local | ||||||
| 16 | governmental units receiving State or Federal funds
or aid. The | ||||||
| 17 | governing body of other local governmental units shall in like
| ||||||
| 18 | manner establish and enforce rules and regulations governing | ||||||
| 19 | the same matters.
| ||||||
| 20 | The contents of case files pertaining to recipients under | ||||||
| 21 | Articles IV, V,
and VI shall be made available without subpoena | ||||||
| 22 | or formal notice to the
officers of any court, to all law | ||||||
| 23 | enforcement enforcing agencies, and to such other persons
or
| ||||||
| 24 | agencies as from time to time may be authorized by any court.
| ||||||
| 25 | In particular, the contents of those case files shall be made | ||||||
| 26 | available upon
request to a law enforcement agency for the | ||||||
| |||||||
| |||||||
| 1 | purpose of determining the current
address of a recipient with | ||||||
| 2 | respect to whom an arrest warrant is outstanding,
and
the | ||||||
| 3 | current address of a recipient who was a victim of a felony or | ||||||
| 4 | a
witness to a felony shall be made available upon
request to a | ||||||
| 5 | State's Attorney of this State or a State's Attorney's
| ||||||
| 6 | investigator. Information shall also be disclosed to
the | ||||||
| 7 | Illinois State Scholarship
Commission pursuant to an | ||||||
| 8 | investigation or audit by the Illinois State
Scholarship | ||||||
| 9 | Commission of a delinquent student loan or monetary award.
| ||||||
| 10 | This Section does not prevent the Illinois Department and | ||||||
| 11 | local governmental
units from reporting to appropriate law | ||||||
| 12 | enforcement officials the desertion
or abandonment by a parent | ||||||
| 13 | of a child, as a result of which financial aid
has been | ||||||
| 14 | necessitated under Articles IV, V, or VI, or reporting
to
| ||||||
| 15 | appropriate law enforcement officials instances in which a | ||||||
| 16 | mother under
age 18 has a child out of wedlock and is an | ||||||
| 17 | applicant for or recipient of
aid under any Article of this | ||||||
| 18 | Code. The Illinois Department may provide
by rule for the | ||||||
| 19 | county departments and local governmental units to initiate
| ||||||
| 20 | proceedings under the Juvenile Court Act of 1987 to have | ||||||
| 21 | children declared
to be neglected when they deem
such action | ||||||
| 22 | necessary to protect the children from immoral influences
| ||||||
| 23 | present in their home or surroundings.
| ||||||
| 24 | This Section does not preclude the full exercise of the | ||||||
| 25 | powers of the Board
of Public Aid Commissioners to inspect | ||||||
| 26 | records and documents, as provided
for all advisory boards | ||||||
| |||||||
| |||||||
| 1 | pursuant to Section 5-505 of the
Departments of State | ||||||
| 2 | Government Law (20 ILCS 5/5-505).
| ||||||
| 3 | This Section does not preclude exchanges of information | ||||||
| 4 | among the Department of Healthcare and Family Services | ||||||
| 5 | (formerly Illinois
Department of Public Aid), the Department of | ||||||
| 6 | Human Services (as successor to the
Department of Public Aid), | ||||||
| 7 | and the Illinois Department of Revenue for the
purpose of | ||||||
| 8 | verifying sources and amounts of income and for other purposes
| ||||||
| 9 | directly connected with the administration of this Code and of | ||||||
| 10 | the Illinois
Income Tax Act.
| ||||||
| 11 | The provisions of this Section and of Section 11-11 as they | ||||||
| 12 | apply to
applicants and recipients of public aid under Article | ||||||
| 13 | V shall
be operative only to the extent that they do not | ||||||
| 14 | conflict with any Federal
law or regulation governing Federal | ||||||
| 15 | grants to this State for such programs.
| ||||||
| 16 | The Department of Healthcare and Family Services and the | ||||||
| 17 | Department of Human Services
(as successor to the Illinois | ||||||
| 18 | Department of Public Aid) shall enter into an
inter-agency | ||||||
| 19 | agreement with the
Department of Children and Family Services | ||||||
| 20 | to establish a procedure by which
employees of the Department | ||||||
| 21 | of Children and Family Services may have immediate
access to | ||||||
| 22 | records,
files, papers, and communications (except medical, | ||||||
| 23 | alcohol or drug assessment
or treatment, mental health, or any | ||||||
| 24 | other medical records) of the Illinois
Department, county
| ||||||
| 25 | departments, and local governmental units receiving State or | ||||||
| 26 | federal funds or
aid, if the Department of Children and Family | ||||||
| |||||||
| |||||||
| 1 | Services determines the
information is necessary to perform its | ||||||
| 2 | duties under the Abused and Neglected
Child Reporting Act, the | ||||||
| 3 | Child Care Act of 1969, and the Children and Family
Services | ||||||
| 4 | Act.
| ||||||
| 5 | (Source: P.A. 95-331, eff. 8-21-07; revised 9-13-16.)
| ||||||
| 6 | (305 ILCS 5/12-4.42)
| ||||||
| 7 | Sec. 12-4.42. Medicaid Revenue Maximization. | ||||||
| 8 | (a) Purpose. The General Assembly finds that there is a | ||||||
| 9 | need to make changes to the administration of services provided | ||||||
| 10 | by State and local governments in order to maximize federal | ||||||
| 11 | financial participation. | ||||||
| 12 | (b) Definitions. As used in this Section: | ||||||
| 13 | "Community Medicaid mental health services" means all | ||||||
| 14 | mental health services outlined in Part Section 132 of Title 59 | ||||||
| 15 | of the Illinois Administrative Code that are funded through | ||||||
| 16 | DHS, eligible for federal financial participation, and | ||||||
| 17 | provided by a community-based provider. | ||||||
| 18 | "Community-based provider" means an entity enrolled as a | ||||||
| 19 | provider pursuant to Sections 140.11 and 140.12 of Title 89 of | ||||||
| 20 | the Illinois Administrative Code and certified to provide | ||||||
| 21 | community Medicaid mental health services in accordance with | ||||||
| 22 | Part Section 132 of Title 59 of the Illinois Administrative | ||||||
| 23 | Code. | ||||||
| 24 | "DCFS" means the Department of Children and Family | ||||||
| 25 | Services. | ||||||
| |||||||
| |||||||
| 1 | "Department" means the Illinois Department of Healthcare | ||||||
| 2 | and Family Services. | ||||||
| 3 | "Care facility for persons with a developmental | ||||||
| 4 | disability" means an intermediate care facility for persons | ||||||
| 5 | with an intellectual disability within the meaning of Title XIX | ||||||
| 6 | of the Social Security Act, whether public or private and | ||||||
| 7 | whether organized for profit or not-for-profit, but shall not | ||||||
| 8 | include any facility operated by the State. | ||||||
| 9 | "Care provider for persons with a developmental | ||||||
| 10 | disability" means a person conducting, operating, or | ||||||
| 11 | maintaining a care facility for persons with a developmental | ||||||
| 12 | disability. For purposes of this definition, "person" means any | ||||||
| 13 | political subdivision of the State, municipal corporation, | ||||||
| 14 | individual, firm, partnership, corporation, company, limited | ||||||
| 15 | liability company, association, joint stock association, or | ||||||
| 16 | trust, or a receiver, executor, trustee, guardian, or other | ||||||
| 17 | representative appointed by order of any court. | ||||||
| 18 | "DHS" means the Illinois Department of Human Services. | ||||||
| 19 | "Hospital" means an institution, place, building, or | ||||||
| 20 | agency located in this State that is licensed as a general | ||||||
| 21 | acute hospital by the Illinois Department of Public Health | ||||||
| 22 | under the Hospital Licensing Act, whether public or private and | ||||||
| 23 | whether organized for profit or not-for-profit. | ||||||
| 24 | "Long term care facility" means (i) a skilled nursing or | ||||||
| 25 | intermediate long term care facility, whether public or private | ||||||
| 26 | and whether organized for profit or not-for-profit, that is | ||||||
| |||||||
| |||||||
| 1 | subject to licensure by the Illinois Department of Public | ||||||
| 2 | Health under the Nursing Home Care Act, including a county | ||||||
| 3 | nursing home directed and maintained under Section 5-1005 of | ||||||
| 4 | the Counties Code, and (ii) a part of a hospital in which | ||||||
| 5 | skilled or intermediate long term care services within the | ||||||
| 6 | meaning of Title XVIII or XIX of the Social Security Act are | ||||||
| 7 | provided; except that the term "long term care facility" does | ||||||
| 8 | not include a facility operated solely as an intermediate care | ||||||
| 9 | facility for the intellectually disabled within the meaning of | ||||||
| 10 | Title XIX of the Social Security Act. | ||||||
| 11 | "Long term care provider" means (i) a person licensed by | ||||||
| 12 | the Department of Public Health to operate and maintain a | ||||||
| 13 | skilled nursing or intermediate long term care facility or (ii) | ||||||
| 14 | a hospital provider that provides skilled or intermediate long | ||||||
| 15 | term care services within the meaning of Title XVIII or XIX of | ||||||
| 16 | the Social Security Act. For purposes of this definition, | ||||||
| 17 | "person" means any political subdivision of the State, | ||||||
| 18 | municipal corporation, individual, firm, partnership, | ||||||
| 19 | corporation, company, limited liability company, association, | ||||||
| 20 | joint stock association, or trust, or a receiver, executor, | ||||||
| 21 | trustee, guardian, or other representative appointed by order | ||||||
| 22 | of any court. | ||||||
| 23 | "State-operated facility for persons with a developmental | ||||||
| 24 | disability" means an intermediate care facility for persons | ||||||
| 25 | with an intellectual disability within the meaning of Title XIX | ||||||
| 26 | of the Social Security Act operated by the State. | ||||||
| |||||||
| |||||||
| 1 | (c) Administration and deposit of Revenues. The Department | ||||||
| 2 | shall coordinate the implementation of changes required by | ||||||
| 3 | Public Act 96-1405 this amendatory Act of the 96th General | ||||||
| 4 | Assembly amongst the various State and local government bodies | ||||||
| 5 | that administer programs referred to in this Section. | ||||||
| 6 | Revenues generated by program changes mandated by any | ||||||
| 7 | provision in this Section, less reasonable administrative | ||||||
| 8 | costs associated with the implementation of these program | ||||||
| 9 | changes, which would otherwise be deposited into the General | ||||||
| 10 | Revenue Fund shall be deposited into the Healthcare Provider | ||||||
| 11 | Relief Fund. | ||||||
| 12 | The Department shall issue a report to the General Assembly | ||||||
| 13 | detailing the implementation progress of Public Act 96-1405 | ||||||
| 14 | this amendatory Act of the 96th General Assembly as a part of | ||||||
| 15 | the Department's Medical Programs annual report for fiscal | ||||||
| 16 | years 2010 and 2011. | ||||||
| 17 | (d) Acceleration of payment vouchers. To the extent | ||||||
| 18 | practicable and permissible under federal law, the Department | ||||||
| 19 | shall create all vouchers for long term care facilities and | ||||||
| 20 | facilities for persons with a developmental disability for | ||||||
| 21 | dates of service in the month in which the enhanced federal | ||||||
| 22 | medical assistance percentage (FMAP) originally set forth in | ||||||
| 23 | the American Recovery and Reinvestment Act (ARRA) expires and | ||||||
| 24 | for dates of service in the month prior to that month and | ||||||
| 25 | shall, no later than the 15th of the month in which the | ||||||
| 26 | enhanced FMAP expires, submit these vouchers to the Comptroller | ||||||
| |||||||
| |||||||
| 1 | for payment. | ||||||
| 2 | The Department of Human Services shall create the necessary | ||||||
| 3 | documentation for State-operated facilities for persons with a | ||||||
| 4 | developmental disability so that the necessary data for all | ||||||
| 5 | dates of service before the expiration of the enhanced FMAP | ||||||
| 6 | originally set forth in the ARRA can be adjudicated by the | ||||||
| 7 | Department no later than the 15th of the month in which the | ||||||
| 8 | enhanced FMAP expires. | ||||||
| 9 | (e) Billing of DHS community Medicaid mental health | ||||||
| 10 | services. No later than July 1, 2011, community Medicaid mental | ||||||
| 11 | health services provided by a community-based provider must be | ||||||
| 12 | billed directly to the Department. | ||||||
| 13 | (f) DCFS Medicaid services. The Department shall work with | ||||||
| 14 | DCFS to identify existing programs, pending qualifying | ||||||
| 15 | services, that can be converted in an economically feasible | ||||||
| 16 | manner to Medicaid in order to secure federal financial | ||||||
| 17 | revenue. | ||||||
| 18 | (g) Third Party Liability recoveries. The Department shall | ||||||
| 19 | contract with a vendor to support the Department in | ||||||
| 20 | coordinating benefits for Medicaid enrollees. The scope of work | ||||||
| 21 | shall include, at a minimum, the identification of other | ||||||
| 22 | insurance for Medicaid enrollees and the recovery of funds paid | ||||||
| 23 | by the Department when another payer was liable. The vendor may | ||||||
| 24 | be paid a percentage of actual cash recovered when practical | ||||||
| 25 | and subject to federal law. | ||||||
| 26 | (h) Public health departments.
The Department shall | ||||||
| |||||||
| |||||||
| 1 | identify unreimbursed costs for persons covered by Medicaid who | ||||||
| 2 | are served by the Chicago Department of Public Health. | ||||||
| 3 | The Department shall assist the Chicago Department of | ||||||
| 4 | Public Health in determining total unreimbursed costs | ||||||
| 5 | associated with the provision of healthcare services to | ||||||
| 6 | Medicaid enrollees. | ||||||
| 7 | The Department shall determine and draw the maximum | ||||||
| 8 | allowable federal matching dollars associated with the cost of | ||||||
| 9 | Chicago Department of Public Health services provided to | ||||||
| 10 | Medicaid enrollees. | ||||||
| 11 | (i) Acceleration of hospital-based payments.
The | ||||||
| 12 | Department shall, by the 10th day of the month in which the | ||||||
| 13 | enhanced FMAP originally set forth in the ARRA expires, create | ||||||
| 14 | vouchers for all State fiscal year 2011 hospital payments | ||||||
| 15 | exempt from the prompt payment requirements of the ARRA. The | ||||||
| 16 | Department shall submit these vouchers to the Comptroller for | ||||||
| 17 | payment.
| ||||||
| 18 | (Source: P.A. 99-143, eff. 7-27-15; revised 9-15-16.)
| ||||||
| 19 | (305 ILCS 5/16-2) | ||||||
| 20 | Sec. 16-2. Eligibility. A foreign-born victim of | ||||||
| 21 | trafficking, torture, or other serious crimes and his or her | ||||||
| 22 | derivative family members are eligible for cash assistance or | ||||||
| 23 | SNAP benefits under this Article if: | ||||||
| 24 | (a) he or she: | ||||||
| 25 | (1) has filed or is preparing to file an | ||||||
| |||||||
| |||||||
| 1 | application for T Nonimmigrant status with the | ||||||
| 2 | appropriate federal agency pursuant to Section | ||||||
| 3 | 1101(a)(15)(T) of Title 8 of the United States Code, or | ||||||
| 4 | is otherwise taking steps to meet the conditions for | ||||||
| 5 | federal benefits eligibility under Section 7105 of | ||||||
| 6 | Title 22 of the United States Code; | ||||||
| 7 | (2) has filed or is preparing to file a formal | ||||||
| 8 | application with the appropriate federal agency for | ||||||
| 9 | status pursuant to Section 1101(a)(15)(U) of Title 8 of | ||||||
| 10 | the United States Code; or | ||||||
| 11 | (3) has filed or is preparing to file a formal | ||||||
| 12 | application with the appropriate federal agency for | ||||||
| 13 | status under Section 1158 of Title 8 of the United | ||||||
| 14 | States Code; and | ||||||
| 15 | (b) he or she is otherwise eligible for cash assistance or | ||||||
| 16 | SNAP benefits, as applicable.
| ||||||
| 17 | (Source: P.A. 99-870, eff. 8-22-16; revised 10-26-16.)
| ||||||
| 18 | (305 ILCS 5/16-5) | ||||||
| 19 | Sec. 16-5. Termination of benefits. | ||||||
| 20 | (a) Any cash assistance or SNAP benefits provided under | ||||||
| 21 | this Article to a person who is a foreign-born victim of | ||||||
| 22 | trafficking, torture, or other serious crimes and his or her | ||||||
| 23 | derivative family members shall be terminated if there is a | ||||||
| 24 | final denial of that person's visa or asylum application under | ||||||
| 25 | Section Sections 1101(a)(15)(T), 1101(a)(15)(U), or 1158 of | ||||||
| |||||||
| |||||||
| 1 | Title 8 of the United States Code. | ||||||
| 2 | (b) A person who is a foreign-born victim of trafficking, | ||||||
| 3 | torture, or other serious crimes and his or her derivative | ||||||
| 4 | family members shall be ineligible for continued State-funded | ||||||
| 5 | cash assistance or SNAP benefits provided under this Article if | ||||||
| 6 | that person has not filed a formal application for status | ||||||
| 7 | pursuant to Section Sections 1101(a)(15)(T), 1101(a)(15)(U), | ||||||
| 8 | or 1158 of Title 8 of the United States Code within one year | ||||||
| 9 | after the date of his or her application for cash assistance or | ||||||
| 10 | SNAP benefits provided under this Article. The Department of | ||||||
| 11 | Human Services may extend the person's and his or her | ||||||
| 12 | derivative family members' eligibility for medical assistance, | ||||||
| 13 | cash assistance, or SNAP benefits beyond one year if the | ||||||
| 14 | Department determines that the person, during the year of | ||||||
| 15 | initial eligibility (i) experienced a health crisis, (ii) has | ||||||
| 16 | been unable, after reasonable attempts, to obtain necessary | ||||||
| 17 | information from a third party, or (iii) has other extenuating | ||||||
| 18 | circumstances that prevented the person from completing his or | ||||||
| 19 | her application for status.
| ||||||
| 20 | (Source: P.A. 99-870, eff. 8-22-16; revised 10-26-16.)
| ||||||
| 21 | Section 580. The Senior Citizens and Persons with | ||||||
| 22 | Disabilities Property Tax Relief Act is amended by changing | ||||||
| 23 | Section 8a as follows:
| ||||||
| 24 | (320 ILCS 25/8a) (from Ch. 67 1/2, par. 408.1)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 8a. Confidentiality.
| ||||||
| 2 | (a) Except as otherwise provided in this Act, all
| ||||||
| 3 | information received by the Department of Revenue or its | ||||||
| 4 | successors, the Department on Aging and the Department of | ||||||
| 5 | Healthcare and Family Services, from claims filed under this | ||||||
| 6 | Act, or
from any investigation conducted under the provisions
| ||||||
| 7 | of this Act, shall be confidential, except for official | ||||||
| 8 | purposes within those Departments
or pursuant to official
| ||||||
| 9 | procedures for collection of any State tax or enforcement of | ||||||
| 10 | any civil or
criminal penalty or sanction imposed
by this Act | ||||||
| 11 | or by any statute imposing a State tax, and any person who | ||||||
| 12 | divulges
any such information in any
manner, except for such | ||||||
| 13 | purposes and pursuant to order of the Director of one of those | ||||||
| 14 | Departments or
in accordance with a proper judicial order, | ||||||
| 15 | shall be guilty of a Class A
misdemeanor.
| ||||||
| 16 | (b) Nothing contained in this Act shall prevent the | ||||||
| 17 | Director of Aging from publishing
or making available | ||||||
| 18 | reasonable statistics concerning the operation of the
grant | ||||||
| 19 | programs contained in this Act wherein the contents
of claims | ||||||
| 20 | are grouped into aggregates in such a way that information | ||||||
| 21 | contained
in any individual claim shall not be disclosed.
| ||||||
| 22 | (c) The Department on Aging shall furnish to the Secretary | ||||||
| 23 | of State such
information as is reasonably necessary for the | ||||||
| 24 | administration of reduced
vehicle registration fees pursuant | ||||||
| 25 | to Section 3-806.3 of the "The Illinois Vehicle
Code".
| ||||||
| 26 | (d) The Director of the Department on Aging shall make | ||||||
| |||||||
| |||||||
| 1 | information available to the State Board of Elections as may be | ||||||
| 2 | required by an agreement the State Board of Elections has | ||||||
| 3 | entered into with a multi-state voter registration list | ||||||
| 4 | maintenance system. | ||||||
| 5 | (Source: P.A. 98-1171, eff. 6-1-15; revised 10-26-16.)
| ||||||
| 6 | Section 585. The Housing for Veterans with Disabilities Act | ||||||
| 7 | is amended by changing Sections 1, 2.1, and 3 as follows:
| ||||||
| 8 | (330 ILCS 65/1) (from Ch. 126 1/2, par. 58)
| ||||||
| 9 | Sec. 1.
Any veteran of the military or naval service of the | ||||||
| 10 | United States
who was a resident of this State at the time he | ||||||
| 11 | entered such service and
who has been approved by the | ||||||
| 12 | Administrator of Veterans Veterans' Affairs for
assistance | ||||||
| 13 | under Chapter 21 of Title 38, United States Code, as now or
| ||||||
| 14 | hereafter amended, shall be entitled to receive assistance | ||||||
| 15 | under this
Act for the purpose of acquiring within this State | ||||||
| 16 | or without this State,
where due to service-connected | ||||||
| 17 | disabilities and upon the advice or
recommendation of a duly | ||||||
| 18 | recognized physician of the Veterans
Administration in order to | ||||||
| 19 | protect the health of the veteran, such veteran
cannot reside | ||||||
| 20 | in this State, a suitable dwelling unit with special fixtures
| ||||||
| 21 | or movable facilities made necessary by the veteran's permanent | ||||||
| 22 | and total
service-connected disability.
| ||||||
| 23 | (Source: Laws 1965, p. 650; revised 9-13-16.)
| ||||||
| |||||||
| |||||||
| 1 | (330 ILCS 65/2.1) (from Ch. 126 1/2, par. 59.1)
| ||||||
| 2 | Sec. 2.1.
(a) The Illinois Department of Veterans' Affairs | ||||||
| 3 | shall provide
assistance to a veteran who is eligible for and | ||||||
| 4 | has been approved by the
Administrator of Veterans Veterans' | ||||||
| 5 | Affairs for the grant authorized under Section
801(b) of Title | ||||||
| 6 | 38 of The United States Code for remodeling a dwelling,
which | ||||||
| 7 | is not adapted to the requirements of the veteran's disability, | ||||||
| 8 | and
which was acquired by him prior to his application for | ||||||
| 9 | federal assistance.
| ||||||
| 10 | (b) The amount of State assistance provided to a veteran | ||||||
| 11 | under subsection
(a) of this Section shall be equal to the | ||||||
| 12 | lesser of (1) the difference between
the total cost of | ||||||
| 13 | remodeling and the amount of assistance provided by the
federal | ||||||
| 14 | government under Title 38, Section 801(b) of the United States | ||||||
| 15 | Code
or (2) $3,000. However, if the amount of the federal | ||||||
| 16 | assistance
is at least
equal to the total cost of remodeling | ||||||
| 17 | the dwelling, then no State assistance
shall be granted under | ||||||
| 18 | this Section.
| ||||||
| 19 | (c) A veteran eligible for assistance under subsection (a) | ||||||
| 20 | of this Section
shall not by reason of such eligibility be | ||||||
| 21 | denied benefits for which such
veteran becomes eligible under | ||||||
| 22 | Section 2 of this Act.
| ||||||
| 23 | (Source: P.A. 91-216, eff. 1-1-00; revised 9-13-16.)
| ||||||
| 24 | (330 ILCS 65/3) (from Ch. 126 1/2, par. 60)
| ||||||
| 25 | Sec. 3.
Application for assistance under this Act shall be | ||||||
| |||||||
| |||||||
| 1 | made by the
veteran to the Illinois Department of Veterans' | ||||||
| 2 | Affairs and shall be
accompanied by satisfactory evidence that | ||||||
| 3 | the
veteran has been approved by the Administrator of Veterans | ||||||
| 4 | Veterans' Affairs for
assistance in acquiring a suitable | ||||||
| 5 | dwelling unit or in remodeling a dwelling
not adapted to the | ||||||
| 6 | requirements of his disability. The application shall
contain | ||||||
| 7 | such information as will enable the Illinois Department of | ||||||
| 8 | Veterans'
Affairs to determine the amount of assistance
to | ||||||
| 9 | which the veteran is entitled. The Illinois Department of | ||||||
| 10 | Veterans'
Affairs shall adopt general rules for determining
the | ||||||
| 11 | question of whether an applicant was a resident of this State | ||||||
| 12 | at the
time he entered the service, and shall prescribe by rule | ||||||
| 13 | the nature of the
proof to be submitted to establish the fact | ||||||
| 14 | of residence. The Illinois
Department of Veterans' Affairs | ||||||
| 15 | shall adopt guidelines for determining types
of remodeling and | ||||||
| 16 | adaptations which are reasonably necessary because of
a | ||||||
| 17 | veteran's disability, for a veteran eligible for assistance | ||||||
| 18 | under
Section 2.1 of this Act.
| ||||||
| 19 | (Source: P.A. 82-894; revised 9-13-16.)
| ||||||
| 20 | Section 590. The Coal Mine Medical Emergencies Act is | ||||||
| 21 | amended by changing Section 2 as follows:
| ||||||
| 22 | (410 ILCS 15/2) (from Ch. 96 1/2, par. 3952)
| ||||||
| 23 | Sec. 2. As used in this Act, unless the context clearly | ||||||
| 24 | otherwise requires:
| ||||||
| |||||||
| |||||||
| 1 | (a) "Emergency medical technician" means a person who has | ||||||
| 2 | successfully
completed the course on emergency first-aid care | ||||||
| 3 | and transportation of the
sick and injured recommended by the | ||||||
| 4 | American Academy of Orthopedic Surgeons,
or the equivalent | ||||||
| 5 | thereof, and has been licensed by the Department of Public
| ||||||
| 6 | Health to provide emergency care.
| ||||||
| 7 | (b) "Mine" means any surface coal mine or underground coal | ||||||
| 8 | mine, as defined
in Section 1.03 of the "The Coal Mining Act of | ||||||
| 9 | 1953".
| ||||||
| 10 | (Source: P.A. 98-973, eff. 8-15-14; revised 10-5-16.)
| ||||||
| 11 | Section 595. The Sexual Assault Survivors Emergency | ||||||
| 12 | Treatment Act is amended by changing Section 6.6 as follows:
| ||||||
| 13 | (410 ILCS 70/6.6) | ||||||
| 14 | Sec. 6.6. Submission of sexual assault evidence. | ||||||
| 15 | (a) As soon as practicable, but in no event more than 4 | ||||||
| 16 | hours after the completion of hospital emergency services and | ||||||
| 17 | forensic services, the hospital shall make reasonable efforts | ||||||
| 18 | to determine the law enforcement agency having jurisdiction | ||||||
| 19 | where the sexual assault occurred. The hospital may obtain the | ||||||
| 20 | name of the law enforcement agency with jurisdiction from the | ||||||
| 21 | local law enforcement agency. | ||||||
| 22 | (b) Within 4 hours after the completion of hospital | ||||||
| 23 | emergency services and forensic services, the hospital shall | ||||||
| 24 | notify the law enforcement agency having jurisdiction that the | ||||||
| |||||||
| |||||||
| 1 | hospital is in possession of sexual assault evidence and the | ||||||
| 2 | date and time the collection of evidence was completed. The | ||||||
| 3 | hospital shall document the notification in the patient's | ||||||
| 4 | medical records and shall include the agency notified, the date | ||||||
| 5 | and time of the notification and the name of the person who | ||||||
| 6 | received the notification. This notification to the law | ||||||
| 7 | enforcement agency having jurisdiction satisfies the | ||||||
| 8 | hospital's requirement to contact its local law enforcement | ||||||
| 9 | agency under Section 3.2 of the Criminal Identification Act. | ||||||
| 10 | (c) If the law enforcement agency having jurisdiction has | ||||||
| 11 | not taken physical custody of sexual assault evidence within 5 | ||||||
| 12 | days of the first contact by the hospital, the hospital shall | ||||||
| 13 | renotify re-notify the law enforcement agency having | ||||||
| 14 | jurisdiction that the hospital is in possession of sexual | ||||||
| 15 | assault evidence and the date the sexual assault evidence was | ||||||
| 16 | collected. The hospital shall document the renotification | ||||||
| 17 | re-notification in the patient's medical records and shall | ||||||
| 18 | include the agency notified, the date and time of the | ||||||
| 19 | notification and the name of the person who received the | ||||||
| 20 | notification. | ||||||
| 21 | (d) If the law enforcement agency having jurisdiction has | ||||||
| 22 | not taken physical custody of the sexual assault evidence | ||||||
| 23 | within 10 days of the first contact by the hospital and the | ||||||
| 24 | hospital has provided renotification under subsection (c) of | ||||||
| 25 | this Section, the hospital shall contact the State's Attorney | ||||||
| 26 | of the county where the law enforcement agency having | ||||||
| |||||||
| |||||||
| 1 | jurisdiction is located. The hospital shall inform the State's | ||||||
| 2 | Attorney that the hospital is in possession of sexual assault | ||||||
| 3 | evidence, the date the sexual assault evidence was collected, | ||||||
| 4 | the law enforcement agency having jurisdiction, the dates, | ||||||
| 5 | times and names of persons notified under subsections (b) and | ||||||
| 6 | (c) of this Section. The notification shall be made within 14 | ||||||
| 7 | days of the collection of the sexual assault evidence.
| ||||||
| 8 | (Source: P.A. 99-801, eff. 1-1-17; revised 10-26-16.)
| ||||||
| 9 | Section 600. The Compassionate Use of Medical Cannabis | ||||||
| 10 | Pilot Program Act is amended by changing Section 45 as follows:
| ||||||
| 11 | (410 ILCS 130/45) | ||||||
| 12 | (Section scheduled to be repealed on July 1, 2020)
| ||||||
| 13 | Sec. 45. Addition of debilitating medical conditions.
| ||||||
| 14 | (a) Any resident may petition the Department of Public | ||||||
| 15 | Health to add debilitating conditions or treatments to the list | ||||||
| 16 | of debilitating medical conditions listed in subsection (h) of | ||||||
| 17 | Section 10. The Department shall approve or deny a petition | ||||||
| 18 | within 180 days of its submission, and, upon approval, shall | ||||||
| 19 | proceed to add that condition by rule in accordance with the | ||||||
| 20 | Illinois Administrative Procedure Act. The approval or denial | ||||||
| 21 | of any petition is a final decision of the Department, subject | ||||||
| 22 | to judicial review. Jurisdiction and venue are vested in the | ||||||
| 23 | Circuit Court.
| ||||||
| 24 | (b) The Department shall accept petitions once annually for | ||||||
| |||||||
| |||||||
| 1 | a one-month period determined by the Department. During the | ||||||
| 2 | open period, the Department shall accept petitions from any | ||||||
| 3 | resident requesting the addition of a new debilitating medical | ||||||
| 4 | condition or disease to the list of approved debilitating | ||||||
| 5 | medical conditions for which the use of cannabis has been shown | ||||||
| 6 | to have a therapeutic or palliative effect. The Department | ||||||
| 7 | shall provide public notice 30 days before the open period for | ||||||
| 8 | accepting petitions, which shall describe the time period for | ||||||
| 9 | submission, the required format of the submission, and the | ||||||
| 10 | submission address. | ||||||
| 11 | (c) Each petition shall be limited to one proposed | ||||||
| 12 | debilitating medical condition or disease. | ||||||
| 13 | (d) A petitioner shall file one original petition in the | ||||||
| 14 | format provided by the Department and in the manner specified | ||||||
| 15 | by the Department. For a petition to be processed and reviewed, | ||||||
| 16 | the following information shall be included: | ||||||
| 17 | (1) The petition, prepared on forms provided by the | ||||||
| 18 | Department, in the manner specified by the Department. | ||||||
| 19 | (2) A specific description of the medical condition or | ||||||
| 20 | disease that is the subject of the petition. Each petition | ||||||
| 21 | shall be limited to a single condition or disease. | ||||||
| 22 | Information about the proposed condition or disease shall | ||||||
| 23 | include: | ||||||
| 24 | (A) the extent to which the condition or disease | ||||||
| 25 | itself or the treatments cause severe suffering, such | ||||||
| 26 | as severe or chronic pain, severe nausea or vomiting, | ||||||
| |||||||
| |||||||
| 1 | or otherwise severely impair a person's ability to | ||||||
| 2 | conduct activities of daily living; | ||||||
| 3 | (B) information about why conventional medical | ||||||
| 4 | therapies are not sufficient to alleviate the | ||||||
| 5 | suffering caused by the disease or condition and its | ||||||
| 6 | treatment; | ||||||
| 7 | (C) the proposed benefits from the medical use of | ||||||
| 8 | cannabis specific to the medical condition or disease; | ||||||
| 9 | (D) evidence from the medical community and other | ||||||
| 10 | experts supporting the use of medical cannabis to | ||||||
| 11 | alleviate suffering caused by the condition, disease, | ||||||
| 12 | or treatment; | ||||||
| 13 | (E) letters of support from physicians or other | ||||||
| 14 | licensed health care providers knowledgeable about the | ||||||
| 15 | condition or disease, including, if feasible, a letter | ||||||
| 16 | from a physician with whom the petitioner has a bona | ||||||
| 17 | fide physician-patient relationship; | ||||||
| 18 | (F) any additional medical, testimonial, or | ||||||
| 19 | scientific documentation; and | ||||||
| 20 | (G) an electronic copy of all materials submitted. | ||||||
| 21 | (3) Upon receipt of a petition, the Department shall: | ||||||
| 22 | (A) determine whether the petition meets the | ||||||
| 23 | standards for submission and, if so, shall accept the | ||||||
| 24 | petition for further review; or | ||||||
| 25 | (B) determine whether the petition does not meet | ||||||
| 26 | the standards for submission and, if so, shall deny the | ||||||
| |||||||
| |||||||
| 1 | petition without further review. | ||||||
| 2 | (4) If the petition does not fulfill the standards for | ||||||
| 3 | submission, the petition shall be considered deficient. | ||||||
| 4 | The Department shall notify the petitioner, who may correct | ||||||
| 5 | any deficiencies and resubmit the petition during the next | ||||||
| 6 | open period. | ||||||
| 7 | (e) The petitioner may withdraw his or her petition by | ||||||
| 8 | submitting a written statement to the Department indicating | ||||||
| 9 | withdrawal. | ||||||
| 10 | (f) Upon review of accepted petitions, the Director shall | ||||||
| 11 | render a final decision regarding the acceptance or denial of | ||||||
| 12 | the proposed debilitating medical conditions or diseases. | ||||||
| 13 | (g) The Department shall convene a Medical Cannabis | ||||||
| 14 | Advisory Board (Advisory Board) composed of 16 members, which | ||||||
| 15 | shall include: | ||||||
| 16 | (1) one medical cannabis patient advocate or | ||||||
| 17 | designated caregiver; | ||||||
| 18 | (2) one parent or designated caregiver of a person | ||||||
| 19 | under the age of 18 who is a qualified medical cannabis | ||||||
| 20 | patient; | ||||||
| 21 | (3) two registered nurses or nurse practitioners; | ||||||
| 22 | (4) three registered qualifying patients, including | ||||||
| 23 | one veteran; and | ||||||
| 24 | (5) nine health care practitioners with current | ||||||
| 25 | professional licensure in their field. The Advisory Board | ||||||
| 26 | shall be composed of health care practitioners | ||||||
| |||||||
| |||||||
| 1 | representing the following areas: | ||||||
| 2 | (A) neurology; | ||||||
| 3 | (B) pain management; | ||||||
| 4 | (C) medical oncology; | ||||||
| 5 | (D) psychiatry or mental health; | ||||||
| 6 | (E) infectious disease; | ||||||
| 7 | (F) family medicine; | ||||||
| 8 | (G) general primary care; | ||||||
| 9 | (H) medical ethics; | ||||||
| 10 | (I) pharmacy; | ||||||
| 11 | (J) pediatrics; or | ||||||
| 12 | (K) psychiatry or mental health for children or | ||||||
| 13 | adolescents. | ||||||
| 14 | At least one appointed health care practitioner shall have | ||||||
| 15 | direct experience related to the health care needs of veterans | ||||||
| 16 | and at least one individual shall have pediatric experience. | ||||||
| 17 | (h) Members of the Advisory Board shall be appointed by the | ||||||
| 18 | Governor. | ||||||
| 19 | (1) Members shall serve a term of 4 years or until a | ||||||
| 20 | successor is appointed and qualified. If a vacancy occurs, | ||||||
| 21 | the Governor shall appoint a replacement to complete the | ||||||
| 22 | original term created by the vacancy. | ||||||
| 23 | (2) The Governor shall select a chairperson. | ||||||
| 24 | (3) Members may serve multiple terms. | ||||||
| 25 | (4) Members shall not have an affiliation with, serve | ||||||
| 26 | on the board of, or have a business relationship with a | ||||||
| |||||||
| |||||||
| 1 | registered cultivation center or a registered medical | ||||||
| 2 | cannabis dispensary. | ||||||
| 3 | (5) Members shall disclose any real or apparent | ||||||
| 4 | conflicts of interest that may have a direct bearing of the | ||||||
| 5 | subject matter, such as relationships with pharmaceutical | ||||||
| 6 | companies, biomedical device manufacturers, or | ||||||
| 7 | corporations whose products or services are related to the | ||||||
| 8 | medical condition or disease to be reviewed. | ||||||
| 9 | (6) Members shall not be paid but shall be reimbursed | ||||||
| 10 | for travel expenses incurred while fulfilling the | ||||||
| 11 | responsibilities of the Advisory Board. | ||||||
| 12 | (i) On June 30, 2016 (the effective date of Public Act | ||||||
| 13 | 99-519) this amendatory Act of the 99th General Assembly, the | ||||||
| 14 | terms of office of the members of the Advisory Board serving on | ||||||
| 15 | that effective date shall terminate and the Board shall be | ||||||
| 16 | reconstituted. | ||||||
| 17 | (j) The Advisory Board shall convene at the call of the | ||||||
| 18 | Chair: | ||||||
| 19 | (1) to examine debilitating conditions or diseases | ||||||
| 20 | that would benefit from the medical use of cannabis; and | ||||||
| 21 | (2) to review new medical and scientific evidence | ||||||
| 22 | pertaining to currently approved conditions. | ||||||
| 23 | (k) The Advisory Board shall issue an annual report of its | ||||||
| 24 | activities each year. | ||||||
| 25 | (l) The Advisory Board shall receive administrative | ||||||
| 26 | support from the Department. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16; | ||||||
| 2 | 99-642, eff. 7-28-16; revised 10-20-16.)
| ||||||
| 3 | Section 605. The Illinois Egg and Egg Products Act is | ||||||
| 4 | amended by changing Section 15 as follows:
| ||||||
| 5 | (410 ILCS 615/15) (from Ch. 56 1/2, par. 55-15)
| ||||||
| 6 | Sec. 15. Samples; packing methods. | ||||||
| 7 | (a) The Department shall prescribe
methods in conformity
| ||||||
| 8 | with the United States Department of Agriculture | ||||||
| 9 | specifications for selecting
samples of lots, cases or | ||||||
| 10 | containers of eggs or egg products which shall be
reasonably | ||||||
| 11 | calculated to produce fair representations of the entire lots | ||||||
| 12 | or
cases and containers sampled. Any sample taken shall be | ||||||
| 13 | prima facie evidence
in any court in this State of the true | ||||||
| 14 | condition of the entire lot, case
or container of eggs or egg | ||||||
| 15 | products in the examination of which the sample
was taken.
| ||||||
| 16 | It shall be unlawful for any handler or retailer to pack | ||||||
| 17 | eggs into
consumer-size
containers other than during the | ||||||
| 18 | original candling and grading operations
unless the retailer | ||||||
| 19 | performs a lot consolidation.
| ||||||
| 20 | (b) A retailer that wishes to consolidate eggs shall | ||||||
| 21 | implement and administer a training program for employees that | ||||||
| 22 | will perform the consolidation as part of their duties. The | ||||||
| 23 | program shall include, but not be limited to, the following: | ||||||
| 24 | (1) laws Laws governing egg lot consolidation: | ||||||
| |||||||
| |||||||
| 1 | (A) same lot code; | ||||||
| 2 | (B) same source; | ||||||
| 3 | (C) same sell-by date; | ||||||
| 4 | (D) same grade; | ||||||
| 5 | (E) same size; | ||||||
| 6 | (F) same brand; | ||||||
| 7 | (2) temperature requirements; | ||||||
| 8 | (3) egg is a hazardous food (FDA Guidelines); | ||||||
| 9 | (4) sanitation; | ||||||
| 10 | (5) egg quality (USDA guidelines); | ||||||
| 11 | (6) original packaging requirements (replacement | ||||||
| 12 | cartons shall not be utilized); and | ||||||
| 13 | (7) record keeping requirements. | ||||||
| 14 | (c) Training shall be conducted annually and may be | ||||||
| 15 | conducted by any means available, including, but not limited | ||||||
| 16 | to, online, computer, classroom, live trainers, and remote | ||||||
| 17 | trainers. | ||||||
| 18 | (d) A copy of the training material must be made available | ||||||
| 19 | upon request from the Department. A copy of the training | ||||||
| 20 | material may be kept electronically. | ||||||
| 21 | (e) Eggs shall be consolidated in a manner consistent with | ||||||
| 22 | training materials required by subsection (b). | ||||||
| 23 | (f) Each store shall maintain a record of each egg carton | ||||||
| 24 | consolidated. The records shall be maintained by the store at | ||||||
| 25 | the physical location the eggs were consolidated at for a | ||||||
| 26 | period not less than one year past the last sell-by date on the | ||||||
| |||||||
| |||||||
| 1 | cartons consolidated. The records must be available for | ||||||
| 2 | inspection upon request from the Department. The records may be | ||||||
| 3 | kept electronically. | ||||||
| 4 | Each lot consolidation shall be documented. The | ||||||
| 5 | information documented shall include, but not be limited to, | ||||||
| 6 | the following: | ||||||
| 7 | (1) date of consolidation; | ||||||
| 8 | (2) brand; | ||||||
| 9 | (3) egg size; | ||||||
| 10 | (4) distributor; | ||||||
| 11 | (5) USDA plant number; | ||||||
| 12 | (6) grade; and | ||||||
| 13 | (7) best-by (sell-by/use-by) date. | ||||||
| 14 | (g) An Illinois-based egg producer or Illinois-based egg | ||||||
| 15 | producer-dealer may prohibit its brands from being included in | ||||||
| 16 | an egg lot consolidation program. Any Illinois-based egg | ||||||
| 17 | producer or Illinois-based egg producer-dealer that chooses to | ||||||
| 18 | prohibit its brands from being included in an egg lot | ||||||
| 19 | consolidation program shall notify a retailer in writing before | ||||||
| 20 | entering into an agreement to distribute its eggs to the | ||||||
| 21 | retailer. Producers or producer-dealers with agreements | ||||||
| 22 | entered into prior to January 1, 2017 (the effective date of | ||||||
| 23 | Public Act 99-732) this Act shall have 90 days after January 1, | ||||||
| 24 | 2017 (the effective date of Public Act 99-732) this Act to | ||||||
| 25 | notify retailers in writing of their choice to prohibit | ||||||
| 26 | consolidation of their egg brands. | ||||||
| |||||||
| |||||||
| 1 | Upon notification from an Illinois-based producer or | ||||||
| 2 | Illinois-based producer dealer, a retailer shall not | ||||||
| 3 | consolidate those brands.
| ||||||
| 4 | (Source: P.A. 99-732, eff. 1-1-17; revised 10-26-16.)
| ||||||
| 5 | Section 610. The Environmental Protection Act is amended by | ||||||
| 6 | changing Sections 22.28 and 40 as follows:
| ||||||
| 7 | (415 ILCS 5/22.28) (from Ch. 111 1/2, par. 1022.28)
| ||||||
| 8 | Sec. 22.28. White goods.
| ||||||
| 9 | (a) Beginning July 1, 1994, no person shall knowingly offer | ||||||
| 10 | for
collection or collect white goods for the purpose of | ||||||
| 11 | disposal by
landfilling unless the white good components have | ||||||
| 12 | been removed.
| ||||||
| 13 | (b) Beginning July 1, 1994, no owner or operator of a | ||||||
| 14 | landfill shall
accept any white goods for final disposal, | ||||||
| 15 | except that white goods may be
accepted if:
| ||||||
| 16 | (1) the landfill participates in the Industrial | ||||||
| 17 | Materials Exchange
Service by communicating the | ||||||
| 18 | availability of white goods;
| ||||||
| 19 | (2) prior to final disposal, any white good components | ||||||
| 20 | have been
removed from the white goods; and
| ||||||
| 21 | (3) if white good components are removed from the white | ||||||
| 22 | goods at the
landfill, a site operating plan satisfying | ||||||
| 23 | this Act has been approved under
the site operating permit | ||||||
| 24 | and the conditions of such operating plan are met.
| ||||||
| |||||||
| |||||||
| 1 | (c) For the purposes of this Section:
| ||||||
| 2 | (1) "White goods" shall include all discarded | ||||||
| 3 | refrigerators, ranges,
water heaters, freezers, air | ||||||
| 4 | conditioners, humidifiers and other similar
domestic and | ||||||
| 5 | commercial large appliances.
| ||||||
| 6 | (2) "White good components" shall include:
| ||||||
| 7 | (i) any chlorofluorocarbon refrigerant gas;
| ||||||
| 8 | (ii) any electrical switch containing mercury;
| ||||||
| 9 | (iii) any device that contains or may contain PCBs | ||||||
| 10 | in a closed system,
such as a dielectric fluid for a | ||||||
| 11 | capacitor, ballast or other component;
and
| ||||||
| 12 | (iv) any fluorescent lamp that contains mercury.
| ||||||
| 13 | (d) The Agency is authorized to provide financial | ||||||
| 14 | assistance to units of
local government from the Solid Waste | ||||||
| 15 | Management Fund to plan for and
implement programs to collect, | ||||||
| 16 | transport and manage white goods.
Units of local government may | ||||||
| 17 | apply jointly for financial
assistance under this Section.
| ||||||
| 18 | Applications for such financial assistance shall be | ||||||
| 19 | submitted to the
Agency and must provide a description of:
| ||||||
| 20 | (A) the area to be served by the program;
| ||||||
| 21 | (B) the white goods intended to be included in the | ||||||
| 22 | program;
| ||||||
| 23 | (C) the methods intended to be used for collecting | ||||||
| 24 | and receiving
materials;
| ||||||
| 25 | (D) the property, buildings, equipment and | ||||||
| 26 | personnel included in
the program;
| ||||||
| |||||||
| |||||||
| 1 | (E) the public education systems to be used as part | ||||||
| 2 | of the program;
| ||||||
| 3 | (F) the safety and security systems that will be | ||||||
| 4 | used;
| ||||||
| 5 | (G) the intended processing methods for each white | ||||||
| 6 | goods type;
| ||||||
| 7 | (H) the intended destination for final material | ||||||
| 8 | handling location; and
| ||||||
| 9 | (I) any staging sites used to handle collected | ||||||
| 10 | materials, the
activities to be performed at such sites | ||||||
| 11 | and the procedures for assuring
removal of collected | ||||||
| 12 | materials from such sites.
| ||||||
| 13 | The application may be amended to reflect changes in | ||||||
| 14 | operating
procedures, destinations for collected materials, or | ||||||
| 15 | other factors.
| ||||||
| 16 | Financial assistance shall be awarded for a State fiscal | ||||||
| 17 | year, and
may be renewed, upon application, if the Agency | ||||||
| 18 | approves the operation
of the program.
| ||||||
| 19 | (e) All materials collected or received under a program | ||||||
| 20 | operated with
financial assistance under this Section shall be | ||||||
| 21 | recycled whenever
possible. Treatment or disposal of collected | ||||||
| 22 | materials are not eligible
for financial assistance unless the | ||||||
| 23 | applicant shows and the Agency approves
which materials may be | ||||||
| 24 | treated or disposed of under various conditions.
| ||||||
| 25 | Any revenue from the sale of materials collected under such | ||||||
| 26 | a program
shall be retained by the unit of local government and | ||||||
| |||||||
| |||||||
| 1 | may be used only for
the same purposes as the financial | ||||||
| 2 | assistance under this Section.
| ||||||
| 3 | (f) The Agency is authorized to adopt rules necessary or | ||||||
| 4 | appropriate to
the administration of this Section.
| ||||||
| 5 | (g) (Blank).
| ||||||
| 6 | (Source: P.A. 91-798, eff. 7-9-00; revised 10-6-16.)
| ||||||
| 7 | (415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
| ||||||
| 8 | Sec. 40. Appeal of permit denial.
| ||||||
| 9 | (a)(1) If the Agency refuses to grant or grants with | ||||||
| 10 | conditions a permit
under Section 39 of this Act, the applicant | ||||||
| 11 | may, within 35 days after the
date on which the Agency served | ||||||
| 12 | its decision on the applicant, petition for
a hearing before | ||||||
| 13 | the Board to contest the decision of the Agency. However,
the | ||||||
| 14 | 35-day period for petitioning for a hearing may be extended for | ||||||
| 15 | an
additional period of time not to exceed 90 days by written | ||||||
| 16 | notice
provided to the Board from the applicant and the Agency | ||||||
| 17 | within the initial
appeal period. The Board shall give 21 days' | ||||||
| 18 | day notice to any person in the
county where is located the | ||||||
| 19 | facility in issue who has requested notice of
enforcement | ||||||
| 20 | proceedings and to each member of the General Assembly in whose
| ||||||
| 21 | legislative district that installation or property is located; | ||||||
| 22 | and shall
publish that 21-day 21 day notice in a newspaper of | ||||||
| 23 | general circulation in that
county. The Agency shall appear as | ||||||
| 24 | respondent in such hearing. At such
hearing the rules | ||||||
| 25 | prescribed in Section 32 and subsection (a) of Section 33 of
| ||||||
| |||||||
| |||||||
| 1 | this Act shall apply, and the burden of proof shall be on the | ||||||
| 2 | petitioner. If,
however, the Agency issues an NPDES permit that | ||||||
| 3 | imposes limits which are based
upon a criterion or denies a | ||||||
| 4 | permit based upon application of a criterion,
then the Agency | ||||||
| 5 | shall have the burden of going forward with the basis for
the | ||||||
| 6 | derivation of those limits or criterion which were derived | ||||||
| 7 | under the
Board's rules.
| ||||||
| 8 | (2) Except as provided in paragraph (a)(3), if there is no | ||||||
| 9 | final action by
the Board within 120 days after the date on | ||||||
| 10 | which it received the petition,
the petitioner may deem the | ||||||
| 11 | permit issued under this Act, provided,
however, that that | ||||||
| 12 | period of 120 days shall not run for any period of time,
not to | ||||||
| 13 | exceed 30 days, during which the Board is without sufficient | ||||||
| 14 | membership
to constitute the quorum required by subsection (a) | ||||||
| 15 | of Section 5 of this Act,
and provided further that such 120 | ||||||
| 16 | day period shall not be stayed for lack of
quorum beyond 30 | ||||||
| 17 | days regardless of whether the lack of quorum exists at the
| ||||||
| 18 | beginning of such 120-day 120 day period or occurs during the | ||||||
| 19 | running of such 120-day 120 day
period.
| ||||||
| 20 | (3) Paragraph (a)(2) shall not apply to any permit which is | ||||||
| 21 | subject
to subsection (b), (d) or (e) of Section 39. If there | ||||||
| 22 | is no final action by
the Board within 120 days after the date | ||||||
| 23 | on which it received the petition,
the petitioner shall be | ||||||
| 24 | entitled to an Appellate Court order pursuant to
subsection (d) | ||||||
| 25 | of Section 41 of this Act.
| ||||||
| 26 | (b) If the Agency grants a RCRA permit for a hazardous | ||||||
| |||||||
| |||||||
| 1 | waste disposal site,
a third party, other than the permit | ||||||
| 2 | applicant or Agency, may, within 35
days after the date on | ||||||
| 3 | which the Agency issued its decision, petition the
Board for a | ||||||
| 4 | hearing to contest the issuance of the permit.
Unless the Board | ||||||
| 5 | determines that such petition is duplicative or frivolous, or | ||||||
| 6 | that the petitioner is so located as to
not be affected by the | ||||||
| 7 | permitted facility, the Board shall hear the
petition in | ||||||
| 8 | accordance with the terms of subsection (a) of this Section
and | ||||||
| 9 | its procedural rules governing denial appeals, such hearing to | ||||||
| 10 | be
based exclusively on the record before the Agency. The | ||||||
| 11 | burden of proof
shall be on the petitioner. The Agency and the | ||||||
| 12 | permit applicant shall
be named co-respondents.
| ||||||
| 13 | The provisions of this subsection do not apply to the | ||||||
| 14 | granting of permits
issued for the disposal or utilization of | ||||||
| 15 | sludge from publicly-owned sewage
works.
| ||||||
| 16 | (c) Any party to an Agency proceeding conducted pursuant to | ||||||
| 17 | Section
39.3 of this Act may petition as of right to the Board | ||||||
| 18 | for review of the
Agency's decision within 35 days from the | ||||||
| 19 | date of issuance of the Agency's
decision, provided that such | ||||||
| 20 | appeal is not duplicative
or frivolous.
However, the 35-day | ||||||
| 21 | period for petitioning for a hearing may be extended
by the | ||||||
| 22 | applicant for a period of time not to exceed 90 days by written | ||||||
| 23 | notice
provided to the Board from the applicant and the Agency | ||||||
| 24 | within the initial
appeal period. If another person with | ||||||
| 25 | standing to appeal wishes to obtain
an extension, there must be | ||||||
| 26 | a written notice provided to the Board by that
person, the | ||||||
| |||||||
| |||||||
| 1 | Agency, and the applicant, within the initial appeal period.
| ||||||
| 2 | The decision of the Board shall be based exclusively on the | ||||||
| 3 | record compiled
in the Agency proceeding. In other respects the | ||||||
| 4 | Board's review shall be
conducted in accordance with subsection | ||||||
| 5 | (a) of this Section and the Board's
procedural rules governing | ||||||
| 6 | permit denial appeals.
| ||||||
| 7 | (d) In reviewing the denial or any condition of a NA NSR | ||||||
| 8 | permit issued by the
Agency pursuant to rules and regulations | ||||||
| 9 | adopted under subsection (c)
of Section 9.1 of this Act, the | ||||||
| 10 | decision of the Board
shall be based exclusively on the record | ||||||
| 11 | before the Agency including the
record of the hearing, if any, | ||||||
| 12 | unless the parties agree to supplement the record. The Board | ||||||
| 13 | shall, if
it finds the Agency is in error, make a final | ||||||
| 14 | determination as to the
substantive limitations of the permit | ||||||
| 15 | including a final determination of
Lowest Achievable Emission | ||||||
| 16 | Rate.
| ||||||
| 17 | (e)(1) If the Agency grants or denies a permit under | ||||||
| 18 | subsection (b) of
Section 39 of this Act, a third party, other | ||||||
| 19 | than the permit applicant or
Agency, may petition the Board | ||||||
| 20 | within 35 days from the date of issuance of
the Agency's | ||||||
| 21 | decision, for a hearing to contest the decision of the Agency.
| ||||||
| 22 | (2) A petitioner shall include the following within a | ||||||
| 23 | petition submitted
under subdivision (1) of this subsection:
| ||||||
| 24 | (A) a demonstration that the petitioner raised the | ||||||
| 25 | issues contained
within the petition during the public | ||||||
| 26 | notice period or during the public
hearing on the NPDES | ||||||
| |||||||
| |||||||
| 1 | permit application, if a public hearing was held; and
| ||||||
| 2 | (B) a demonstration that the petitioner is so situated | ||||||
| 3 | as to be
affected by the permitted facility.
| ||||||
| 4 | (3) If the Board determines that the petition is not | ||||||
| 5 | duplicative or frivolous and contains a satisfactory | ||||||
| 6 | demonstration under
subdivision (2) of this subsection, the | ||||||
| 7 | Board shall hear the petition (i) in
accordance with the terms | ||||||
| 8 | of subsection (a) of this Section and its procedural
rules | ||||||
| 9 | governing permit denial appeals and (ii) exclusively on the | ||||||
| 10 | basis of the
record before the Agency. The burden of proof | ||||||
| 11 | shall be on the petitioner.
The Agency and permit applicant | ||||||
| 12 | shall be named co-respondents.
| ||||||
| 13 | (f) Any person who files a petition to contest the issuance | ||||||
| 14 | of a
permit by the Agency shall pay a filing fee.
| ||||||
| 15 | (Source: P.A. 99-463, eff. 1-1-16; revised 10-6-16.)
| ||||||
| 16 | Section 615. The Wastewater Land Treatment Site Regulation | ||||||
| 17 | Act is amended by changing Section 2 as follows:
| ||||||
| 18 | (415 ILCS 50/2) (from Ch. 111 1/2, par. 582)
| ||||||
| 19 | Sec. 2. Definitions. As used in this Act unless the context | ||||||
| 20 | otherwise requires, the terms
specified in the Sections | ||||||
| 21 | following this Section and preceding Section 3 Sections 2.01 | ||||||
| 22 | through 2.07 have the meanings ascribed to them
in those | ||||||
| 23 | Sections.
| ||||||
| 24 | (Source: P.A. 78-350; revised 10-5-16.)
| ||||||
| |||||||
| |||||||
| 1 | Section 620. The Illinois Pesticide Act is amended by | ||||||
| 2 | changing Sections 4 and 9 as follows:
| ||||||
| 3 | (415 ILCS 60/4) (from Ch. 5, par. 804)
| ||||||
| 4 | Sec. 4. Definitions. As used in this Act:
| ||||||
| 5 | 1. "Director" means Director of the Illinois Department of
| ||||||
| 6 | Agriculture or his authorized representative.
| ||||||
| 7 | 2. "Active Ingredient" means any ingredient which will | ||||||
| 8 | prevent,
destroy, repel, control or mitigate a pest or which | ||||||
| 9 | will act as a plant
regulator, defoliant or desiccant.
| ||||||
| 10 | 3. "Adulterated" shall apply to any pesticide if the | ||||||
| 11 | strength or
purity is not within the standard of quality | ||||||
| 12 | expressed on the labeling
under which it is sold, distributed | ||||||
| 13 | or used, including any substance
which has been substituted | ||||||
| 14 | wholly or in part for the pesticide as
specified on the | ||||||
| 15 | labeling under which it is sold, distributed or used,
or if any | ||||||
| 16 | valuable constituent of the pesticide has been wholly or in
| ||||||
| 17 | part abstracted.
| ||||||
| 18 | 4. "Agricultural Commodity" means produce of the land | ||||||
| 19 | including but
not limited to plants and plant parts, livestock | ||||||
| 20 | and poultry and
livestock or poultry products, seeds, sod, | ||||||
| 21 | shrubs and other products of
agricultural origin including the | ||||||
| 22 | premises necessary to and used
directly in agricultural | ||||||
| 23 | production.
Agricultural commodity also includes aquatic | ||||||
| 24 | products as defined in the
Aquaculture Development Act.
| ||||||
| |||||||
| |||||||
| 1 | 5. "Animal" means all vertebrate and invertebrate species | ||||||
| 2 | including,
but not limited to, man and other mammals, bird, | ||||||
| 3 | fish, and shellfish.
| ||||||
| 4 | 6. "Beneficial Insects" means those insects which during | ||||||
| 5 | their life
cycle are effective pollinators of plants, predators | ||||||
| 6 | of pests or are
otherwise beneficial.
| ||||||
| 7 | 7. "Certified applicator".
| ||||||
| 8 | A. "Certified applicator" means any individual who is | ||||||
| 9 | certified
under this Act to purchase, use, or supervise the | ||||||
| 10 | use of pesticides
which are classified for restricted use.
| ||||||
| 11 | B. "Private applicator" means a certified applicator | ||||||
| 12 | who purchases,
uses, or supervises the use of any pesticide | ||||||
| 13 | classified for restricted
use, for the purpose of producing | ||||||
| 14 | any agricultural commodity on property
owned, rented, or | ||||||
| 15 | otherwise controlled by him or his employer, or
applied to | ||||||
| 16 | other property if done without compensation other than
| ||||||
| 17 | trading of personal services between no more than 2 | ||||||
| 18 | producers of
agricultural commodities.
| ||||||
| 19 | C. "Licensed Commercial Applicator" means a certified | ||||||
| 20 | applicator,
whether or not he is a private applicator with | ||||||
| 21 | respect to some uses, who
owns or manages a business that | ||||||
| 22 | is engaged in applying pesticides,
whether classified for | ||||||
| 23 | general or restricted use, for hire. The term
also applies | ||||||
| 24 | to a certified applicator who uses or supervises the use of
| ||||||
| 25 | pesticides, whether classified for general or restricted | ||||||
| 26 | use, for any
purpose or on property of others excluding | ||||||
| |||||||
| |||||||
| 1 | those specified by
subparagraphs 7 (B), (D), (E) of Section | ||||||
| 2 | 4 of this Act.
| ||||||
| 3 | D. "Commercial Not For Hire Applicator" means a | ||||||
| 4 | certified applicator
who uses or supervises the use of | ||||||
| 5 | pesticides classified for general or
restricted use for any | ||||||
| 6 | purpose on property of an employer when such
activity is a | ||||||
| 7 | requirement of the terms of employment and such
application | ||||||
| 8 | of pesticides under this certification is limited to
| ||||||
| 9 | property under the control of the employer only and | ||||||
| 10 | includes, but is not
limited to, the use or supervision of
| ||||||
| 11 | the use of pesticides in a greenhouse setting. "Commercial | ||||||
| 12 | Not For Hire Applicator" also includes a certified | ||||||
| 13 | applicator who uses or supervises the use of pesticides | ||||||
| 14 | classified for general or restricted use as an employee of | ||||||
| 15 | a state agency, municipality, or other duly constituted | ||||||
| 16 | governmental agency or unit.
| ||||||
| 17 | 8. "Defoliant" means any substance or combination of | ||||||
| 18 | substances
which cause leaves or foliage to drop from a plant | ||||||
| 19 | with or without
causing abscission.
| ||||||
| 20 | 9. "Desiccant" means any substance or combination of | ||||||
| 21 | substances
intended for artificially accelerating the drying | ||||||
| 22 | of plant tissue.
| ||||||
| 23 | 10. "Device" means any instrument or contrivance, other | ||||||
| 24 | than a
firearm or equipment for application of pesticides when | ||||||
| 25 | sold separately
from pesticides, which is intended for | ||||||
| 26 | trapping, repelling, destroying,
or mitigating any pest, other | ||||||
| |||||||
| |||||||
| 1 | than bacteria, virus, or other
microorganisms on or living in | ||||||
| 2 | man or other living animals.
| ||||||
| 3 | 11. "Distribute" means offer or hold for sale, sell, | ||||||
| 4 | barter, ship,
deliver for shipment, receive and then deliver, | ||||||
| 5 | or offer to deliver
pesticides, within the State.
| ||||||
| 6 | 12. "Environment" includes water, air, land, and all plants | ||||||
| 7 | and
animals including man, living therein and the | ||||||
| 8 | interrelationships which
exist among these.
| ||||||
| 9 | 13. "Equipment" means any type of instruments and | ||||||
| 10 | contrivances using
motorized, mechanical or pressure power | ||||||
| 11 | which is used to apply any
pesticide, excluding pressurized | ||||||
| 12 | hand-size household apparatus
containing dilute ready to apply | ||||||
| 13 | pesticide or used to apply household
pesticides.
| ||||||
| 14 | 14. "FIFRA" means the "Federal Insecticide, Fungicide, and | ||||||
| 15 | Rodenticide
Act", as amended.
| ||||||
| 16 | 15. "Fungi" means any non-chlorophyll bearing | ||||||
| 17 | thallophytes, any
non-chlorophyll bearing plant of a lower | ||||||
| 18 | order than mosses or
liverworts, as for example rust, smut, | ||||||
| 19 | mildew, mold, yeast and bacteria,
except those on or in living | ||||||
| 20 | animals including man and those on or in
processed foods, | ||||||
| 21 | beverages or pharmaceuticals.
| ||||||
| 22 | 16. "Household Substance" means any pesticide customarily | ||||||
| 23 | produced
and distributed for use by individuals in or about the | ||||||
| 24 | household.
| ||||||
| 25 | 17. "Imminent Hazard" means a situation which exists when | ||||||
| 26 | continued
use of a pesticide would likely result in | ||||||
| |||||||
| |||||||
| 1 | unreasonable adverse effect on
the environment or will involve | ||||||
| 2 | unreasonable hazard to the survival of a
species declared | ||||||
| 3 | endangered by the U.S. Secretary of the Interior or to
species | ||||||
| 4 | declared to be protected by the Illinois Department of Natural
| ||||||
| 5 | Resources.
| ||||||
| 6 | 18. "Inert Ingredient" means an ingredient which is not an | ||||||
| 7 | active
ingredient.
| ||||||
| 8 | 19. "Ingredient Statement" means a statement of the name | ||||||
| 9 | and
percentage of each active ingredient together with the | ||||||
| 10 | total percentage
of inert ingredients in a pesticide and for | ||||||
| 11 | pesticides containing
arsenic in any form, the ingredient | ||||||
| 12 | statement shall include percentage
of total and water soluble | ||||||
| 13 | arsenic, each calculated as elemental
arsenic. In the case of | ||||||
| 14 | spray adjuvants the ingredient statement need
contain only the | ||||||
| 15 | names of the functioning agents and the total percent
of those | ||||||
| 16 | constituents ineffective as spray adjuvants.
| ||||||
| 17 | 20. "Insect" means any of the numerous small invertebrate | ||||||
| 18 | animals
generally having the body more or less obviously | ||||||
| 19 | segmented for the most
part belonging to the class Insects, | ||||||
| 20 | comprised of six-legged, usually
winged forms, as for example | ||||||
| 21 | beetles, caterpillars, and flies. This
definition encompasses | ||||||
| 22 | other allied classes of arthropods whose members
are wingless | ||||||
| 23 | and usually have more than 6 legs as for example spiders,
| ||||||
| 24 | mites, ticks, centipedes, and millipedes.
| ||||||
| 25 | 21. "Label" means the written, printed or graphic matter on | ||||||
| 26 | or
attached to the pesticide or device or any of its containers | ||||||
| |||||||
| |||||||
| 1 | or
wrappings.
| ||||||
| 2 | 22. "Labeling" means the label and all other written, | ||||||
| 3 | printed or
graphic matter: (a) on the pesticide or device or | ||||||
| 4 | any of its containers
or wrappings, (b) accompanying the | ||||||
| 5 | pesticide or device or referring to
it in any other media used | ||||||
| 6 | to disseminate information to the public,
(c) to which | ||||||
| 7 | reference is made to the pesticide or device except when
| ||||||
| 8 | references are made to current official publications of the U. | ||||||
| 9 | S.
Environmental Protection Agency, Departments of | ||||||
| 10 | Agriculture, Health,
Education and Welfare or other Federal | ||||||
| 11 | Government institutions, the
state experiment station or | ||||||
| 12 | colleges of agriculture or other similar
state institution | ||||||
| 13 | authorized to conduct research in the field of
pesticides.
| ||||||
| 14 | 23. "Land" means all land and water area including | ||||||
| 15 | airspace, and all
plants, animals, structures, buildings, | ||||||
| 16 | contrivances, and machinery
appurtenant thereto or situated | ||||||
| 17 | thereon, fixed or mobile, including any
used for | ||||||
| 18 | transportation.
| ||||||
| 19 | 24. "Licensed Operator" means a person employed to apply | ||||||
| 20 | pesticides
to the lands of others under the direction of a | ||||||
| 21 | "licensed commercial
applicator" or a "licensed commercial
| ||||||
| 22 | not-for-hire applicator".
| ||||||
| 23 | 25. "Nematode" means invertebrate animals of the phylum
| ||||||
| 24 | nemathelminthes and class nematoda, also referred to as nemas | ||||||
| 25 | or
eelworms, which are unsegmented roundworms with elongated | ||||||
| 26 | fusiform or
sac-like bodies covered with cuticle and inhabiting | ||||||
| |||||||
| |||||||
| 1 | soil, water, plants
or plant parts.
| ||||||
| 2 | 26. "Permit" means a written statement issued by the | ||||||
| 3 | Director or his
authorized agent, authorizing certain acts of | ||||||
| 4 | pesticide purchase or of
pesticide use or application on an | ||||||
| 5 | interim basis prior to normal
certification, registration, or | ||||||
| 6 | licensing.
| ||||||
| 7 | 27. "Person" means any individual, partnership, | ||||||
| 8 | association,
fiduciary, corporation, or any organized group of | ||||||
| 9 | persons whether
incorporated or not.
| ||||||
| 10 | 28. "Pest" means (a) any insect, rodent, nematode, fungus, | ||||||
| 11 | weed, or
(b) any other form of terrestrial or aquatic plant or | ||||||
| 12 | animal life or
virus, bacteria, or other microorganism, | ||||||
| 13 | excluding virus, bacteria, or
other microorganism on or in | ||||||
| 14 | living animals including man, which the
Director declares to be | ||||||
| 15 | a pest.
| ||||||
| 16 | 29. "Pesticide" means any substance or mixture of | ||||||
| 17 | substances
intended for preventing, destroying, repelling, or | ||||||
| 18 | mitigating any pest
or any substance or mixture of substances | ||||||
| 19 | intended for use as a plant
regulator, defoliant or desiccant.
| ||||||
| 20 | 30. "Pesticide Dealer" means any person who distributes | ||||||
| 21 | registered
pesticides to the user.
| ||||||
| 22 | 31. "Plant Regulator" means any substance or mixture of | ||||||
| 23 | substances
intended through physiological action to affect the | ||||||
| 24 | rate of growth or
maturation or otherwise alter the behavior of | ||||||
| 25 | ornamental or crop plants
or the produce thereof. This does not | ||||||
| 26 | include substances which are not
intended as plant nutrient | ||||||
| |||||||
| |||||||
| 1 | trace elements, nutritional chemicals, plant
or seed | ||||||
| 2 | inoculants or soil conditioners or amendments.
| ||||||
| 3 | 32. "Protect Health and Environment" means to guard against | ||||||
| 4 | any
unreasonable adverse effects on the environment.
| ||||||
| 5 | 33. "Registrant" means person who has registered any | ||||||
| 6 | pesticide
pursuant to the provision of FIFRA and this Act.
| ||||||
| 7 | 34. "Restricted Use Pesticide" means any pesticide with one | ||||||
| 8 | or more
of its uses classified as restricted by order of the | ||||||
| 9 | Administrator of
USEPA.
| ||||||
| 10 | 35. "SLN Registration" means registration of a pesticide | ||||||
| 11 | for use
under conditions of special local need as defined by
| ||||||
| 12 | FIFRA.
| ||||||
| 13 | 36. "State Restricted Pesticide Use" means any pesticide | ||||||
| 14 | use which
the Director determines, subsequent to public | ||||||
| 15 | hearing, that an
additional restriction for that use is needed | ||||||
| 16 | to prevent unreasonable
adverse effects.
| ||||||
| 17 | 37. "Structural Pest" means any pests which attack and | ||||||
| 18 | destroy
buildings and other structures or which attack | ||||||
| 19 | clothing, stored food,
commodities stored at food | ||||||
| 20 | manufacturing and processing facilities or
manufactured and | ||||||
| 21 | processed goods.
| ||||||
| 22 | 38. "Unreasonable Adverse Effects on the Environment" | ||||||
| 23 | means the
unreasonable risk to the environment, including man, | ||||||
| 24 | from the use of any
pesticide, when taking into account accrued | ||||||
| 25 | benefits of as well as the
economic, social, and environmental | ||||||
| 26 | costs of its use.
| ||||||
| |||||||
| |||||||
| 1 | 39. "USEPA" means United States Environmental Protection | ||||||
| 2 | Agency.
| ||||||
| 3 | 40. "Use inconsistent with the label" means to use a | ||||||
| 4 | pesticide in
a manner not consistent with the label | ||||||
| 5 | instruction, the definition
adopted in FIFRA as interpreted by | ||||||
| 6 | USEPA shall apply in Illinois.
| ||||||
| 7 | 41. "Weed" means any plant growing in a place where it is | ||||||
| 8 | not
wanted.
| ||||||
| 9 | 42. "Wildlife" means all living things, not human, | ||||||
| 10 | domestic, or
pests.
| ||||||
| 11 | 43. "Bulk pesticide" means any registered pesticide which | ||||||
| 12 | is
transported or held in an individual container in undivided | ||||||
| 13 | quantities of
greater than 55 U.S. gallons liquid measure or | ||||||
| 14 | 100 pounds net dry weight.
| ||||||
| 15 | 44. "Bulk repackaging" means the transfer of a registered | ||||||
| 16 | pesticide from
one bulk container (containing undivided | ||||||
| 17 | quantities of greater than 100
U.S. gallons liquid measure or | ||||||
| 18 | 100 pounds net dry weight) to another bulk
container | ||||||
| 19 | (containing undivided quantities of greater than 100 U.S. | ||||||
| 20 | gallons
liquid measure or 100 pounds net dry weight) in an | ||||||
| 21 | unaltered state in
preparation for sale or distribution to | ||||||
| 22 | another person.
| ||||||
| 23 | 45. "Business" means any individual, partnership, | ||||||
| 24 | corporation or
association engaged in a business operation for | ||||||
| 25 | the purpose of
selling or distributing pesticides or providing | ||||||
| 26 | the service of application
of pesticides in this State.
| ||||||
| |||||||
| |||||||
| 1 | 46. "Facility" means any building or structure and all real | ||||||
| 2 | property
contiguous thereto, including all equipment fixed | ||||||
| 3 | thereon used for the
operation of the business.
| ||||||
| 4 | 47. "Chemigation" means the application of a pesticide | ||||||
| 5 | through the
systems or equipment employed for the primary | ||||||
| 6 | purpose of irrigation of land and
crops.
| ||||||
| 7 | 48. "Use" means any activity covered by the pesticide label | ||||||
| 8 | including
but not limited to application of pesticide, mixing | ||||||
| 9 | and loading, storage of
pesticides or pesticide containers, | ||||||
| 10 | disposal of pesticides and pesticide
containers and reentry | ||||||
| 11 | into treated sites or areas.
| ||||||
| 12 | (Source: P.A. 98-756, eff. 7-16-14; 99-540, eff. 1-1-17; | ||||||
| 13 | revised 10-6-16.)
| ||||||
| 14 | (415 ILCS 60/9) (from Ch. 5, par. 809)
| ||||||
| 15 | Sec. 9. Licenses and pesticide dealer registrations | ||||||
| 16 | requirements;
certification. | ||||||
| 17 | (a) Licenses and pesticide dealer registrations issued | ||||||
| 18 | pursuant to this Act as a result of certification attained in | ||||||
| 19 | calendar year 2017 or earlier
shall be valid for the calendar | ||||||
| 20 | year in which they were issued, except
that private applicator | ||||||
| 21 | licenses shall be valid for the calendar year in which they | ||||||
| 22 | were issued plus 2 additional calendar years. All licenses
and | ||||||
| 23 | pesticide dealer registrations shall expire on December 31 of | ||||||
| 24 | the year
in which they are it is to expire. A
license or | ||||||
| 25 | pesticide dealer registration in effect on the 31st of | ||||||
| |||||||
| |||||||
| 1 | December,
for which renewal has been made
within 60 days | ||||||
| 2 | following the date of expiration, shall continue in full
force | ||||||
| 3 | and effect until the Director notifies the applicant that | ||||||
| 4 | renewal has
been approved and accepted or is to be denied in | ||||||
| 5 | accordance with this Act. The
Director shall not issue a | ||||||
| 6 | license or pesticide dealer registration to a
first time | ||||||
| 7 | applicant or to a
person who has not made application for | ||||||
| 8 | renewal on or before March 1 following
the expiration date of | ||||||
| 9 | the license or pesticide dealer registration until
such | ||||||
| 10 | applicant or person
has been certified by the Director as
| ||||||
| 11 | having successfully demonstrated competence and knowledge | ||||||
| 12 | regarding
pesticide use.
The Director shall issue a license or | ||||||
| 13 | pesticide dealer registration to a
person that made application
| ||||||
| 14 | after March 1 and before April 15 if that application is | ||||||
| 15 | accompanied by a late
application fee.
A licensee or pesticide | ||||||
| 16 | dealer shall be required to be recertified for
competence and | ||||||
| 17 | knowledge regarding pesticide use at least once every 3
years | ||||||
| 18 | and at such other times as deemed necessary by the Director to | ||||||
| 19 | assure
a continued level of competence and ability. The | ||||||
| 20 | Director shall by
regulation specify the standard of | ||||||
| 21 | qualification for certification and the
manner of establishing | ||||||
| 22 | an applicant's competence and knowledge. A certification shall | ||||||
| 23 | remain valid only if an applicant attains licensure or | ||||||
| 24 | pesticide dealer registration during the calendar year in which | ||||||
| 25 | certification was granted and the licensure is maintained | ||||||
| 26 | throughout the 3-year certification period.
| ||||||
| |||||||
| |||||||
| 1 | (b) Multi-year licenses and pesticide dealer registrations | ||||||
| 2 | issued pursuant to this Act as a result of certification | ||||||
| 3 | attained in calendar year 2018 or thereafter shall be valid for | ||||||
| 4 | the calendar year in which they were issued plus 2 additional | ||||||
| 5 | calendar years. All licenses and pesticide dealer | ||||||
| 6 | registrations shall expire on December 31 of the year in which | ||||||
| 7 | they are to expire. A license or pesticide dealer registration | ||||||
| 8 | in effect on the 31st of December, for which recertification | ||||||
| 9 | and licensure has been made within 60 days following the date | ||||||
| 10 | of expiration, shall continue in full force and effect until | ||||||
| 11 | the Director notifies the applicant that recertification and | ||||||
| 12 | licensure has been approved and accepted or is to be denied in | ||||||
| 13 | accordance with this Act. A licensee or pesticide dealer shall | ||||||
| 14 | be required to be recertified for competence and knowledge | ||||||
| 15 | regarding pesticide use at least once every 3 years and at such | ||||||
| 16 | other times as deemed necessary by the Director to assure a | ||||||
| 17 | continued level of competence and ability. The Director shall | ||||||
| 18 | by rule specify the standard of qualification for certification | ||||||
| 19 | and the manner of establishing the applicant's competence and | ||||||
| 20 | knowledge. A certification shall remain valid only if an | ||||||
| 21 | applicant attains licensure or pesticide dealer registration | ||||||
| 22 | during the calendar year in which certification was granted and | ||||||
| 23 | the licensure is maintained throughout the 3-year | ||||||
| 24 | certification period. Notwithstanding the other provisions of | ||||||
| 25 | this subsection (b), the employer of a pesticide applicator or | ||||||
| 26 | operator licensee may notify the Director that the licensee's | ||||||
| |||||||
| |||||||
| 1 | employment has been terminated. If the employer submits that | ||||||
| 2 | notification, the employer shall return to the Director the | ||||||
| 3 | licensee's pesticide applicator or operator license card and | ||||||
| 4 | may request that the unused portion of the terminated | ||||||
| 5 | licensee's pesticide applicator or operator license term be | ||||||
| 6 | transferred to a newly certified or re-certified individual, | ||||||
| 7 | and the Director may issue the appropriate pesticide applicator | ||||||
| 8 | or operator license to the newly certified or re-certified | ||||||
| 9 | individual with an expiration date equal to the original | ||||||
| 10 | license after payment of a $10 transfer fee. | ||||||
| 11 | (c) The Director may refuse to issue a license or pesticide | ||||||
| 12 | dealer
registration based upon the violation
history of the | ||||||
| 13 | applicant.
| ||||||
| 14 | (Source: P.A. 98-923, eff. 1-1-15; 99-540, eff. 1-1-17; revised | ||||||
| 15 | 10-6-16.)
| ||||||
| 16 | Section 625. The Mercury Thermostat Collection Act is | ||||||
| 17 | amended by changing Section 25 as follows:
| ||||||
| 18 | (415 ILCS 98/25) | ||||||
| 19 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
| 20 | Sec. 25. Collection goals. The collection programs | ||||||
| 21 | established by thermostat manufacturers under this Act shall be | ||||||
| 22 | designed to collectively achieve the following statewide | ||||||
| 23 | goals: | ||||||
| 24 | (a) For calendar year 2011, the collection of least | ||||||
| |||||||
| |||||||
| 1 | 5,000 mercury thermostats taken out of service in the State | ||||||
| 2 | during the calendar year.
| ||||||
| 3 | (b) For calendar years 2012, 2013, and 2014, the | ||||||
| 4 | collection of at least 15,000 mercury thermostats taken out | ||||||
| 5 | of service in the State during each calendar year.
| ||||||
| 6 | (c) For calendar years 2015 through 2020, the | ||||||
| 7 | collection goals shall be established by the Agency. The | ||||||
| 8 | Agency shall establish collection goals no later than | ||||||
| 9 | November 1, 2014. The collection goals established by the | ||||||
| 10 | Agency shall maximize the annual collection of | ||||||
| 11 | out-of-service mercury thermostats in the State. In | ||||||
| 12 | developing the collection goals, the Agency shall take into | ||||||
| 13 | account, at a minimum, (i) the effectiveness of collection | ||||||
| 14 | programs for out-of-service mercury thermostats in the | ||||||
| 15 | State and other states, including education and outreach | ||||||
| 16 | efforts, (ii) collection requirements in other states, | ||||||
| 17 | (iii) any reports or studies on the number of | ||||||
| 18 | out-of-service mercury thermostats that are available for | ||||||
| 19 | collection in this State, other states, and nationally, and | ||||||
| 20 | (iv) other factors. Prior to establishing the collection | ||||||
| 21 | goals, the Agency shall consult with stakeholder groups | ||||||
| 22 | that include, at a minimum, representatives of thermostat | ||||||
| 23 | manufacturers, environmental groups, thermostat | ||||||
| 24 | wholesalers, contractors, and thermostat retailers. | ||||||
| 25 | (d) The collection goals established by the Agency under | ||||||
| 26 | subsection (c) of this Section are statements of general | ||||||
| |||||||
| |||||||
| 1 | applicability under Section 1-70 of the Illinois | ||||||
| 2 | Administrative Procedure Act and shall be adopted in accordance | ||||||
| 3 | with the procedures of that Act. Any person adversely affected | ||||||
| 4 | by a goal established by the Agency under subsection (c) of | ||||||
| 5 | this Section may obtain a determination of the validity or | ||||||
| 6 | application of the goal by filing a petition for review within | ||||||
| 7 | 35 days after the date the adopted goal is published in the | ||||||
| 8 | Illinois Register pursuant to subsection (d) of Section 5-40 40 | ||||||
| 9 | of the Illinois Administrative Procedure Act. Review shall be | ||||||
| 10 | afforded directly in the Appellate Court for the District in | ||||||
| 11 | which the cause of action arose and not the Circuit Court. | ||||||
| 12 | During the pendency of the review, the goal under review shall | ||||||
| 13 | remain in effect.
| ||||||
| 14 | (e) For the purposes of determining compliance with the | ||||||
| 15 | collection goals established under this Section, for calendar | ||||||
| 16 | year 2015 and for each calendar year thereafter, the number of | ||||||
| 17 | out-of-service mercury thermostats represented by loose | ||||||
| 18 | ampoules shall be calculated: | ||||||
| 19 | (1) using a conversion factor such that each loose | ||||||
| 20 | mercury ampoule collected shall be deemed the | ||||||
| 21 | equivalent of 0.85 mercury thermostats; or | ||||||
| 22 | (2) using an alternative conversion factor | ||||||
| 23 | determined by the manufacturer or group of | ||||||
| 24 | manufacturers. | ||||||
| 25 | A manufacturer or group of manufacturers shall include | ||||||
| 26 | data and calculations to support its use of an alternative | ||||||
| |||||||
| |||||||
| 1 | conversion factor. | ||||||
| 2 | (Source: P.A. 99-122, eff. 7-23-15; revised 10-26-16.)
| ||||||
| 3 | Section 635. The Firearm Owners Identification Card Act is | ||||||
| 4 | amended by changing Section 9 as follows:
| ||||||
| 5 | (430 ILCS 65/9) (from Ch. 38, par. 83-9)
| ||||||
| 6 | Sec. 9.
Every person whose application for a Firearm | ||||||
| 7 | Owner's Identification
Card is denied, and every holder of such | ||||||
| 8 | a Card whose Card is revoked
or seized, shall receive a written | ||||||
| 9 | notice from the Department of State
Police stating specifically | ||||||
| 10 | the grounds upon which
his application has
been denied or upon | ||||||
| 11 | which his Identification Card has been revoked. The written | ||||||
| 12 | notice shall include the requirements of Section 9.5 of this | ||||||
| 13 | Act and the person's persons's right to administrative or | ||||||
| 14 | judicial review under Section 10 and 11 of this Act. A copy of | ||||||
| 15 | the written notice shall be provided to the sheriff and law | ||||||
| 16 | enforcement agency where the person resides.
| ||||||
| 17 | (Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13; revised | ||||||
| 18 | 10-5-16.)
| ||||||
| 19 | Section 640. The Livestock Management Facilities Act is | ||||||
| 20 | amended by changing Section 30 as follows:
| ||||||
| 21 | (510 ILCS 77/30)
| ||||||
| 22 | Sec. 30. Certified Livestock Manager. The Department shall | ||||||
| |||||||
| |||||||
| 1 | establish a Certified Livestock Manager program in
conjunction | ||||||
| 2 | with the livestock industry that will enhance management skills | ||||||
| 3 | in
critical areas, such as environmental awareness, safety | ||||||
| 4 | concerns, odor control
techniques and technology, neighbor | ||||||
| 5 | awareness, current best management
practices, and the | ||||||
| 6 | developing and implementing of manure management plans.
| ||||||
| 7 | (a) Applicability.
A livestock waste handling facility | ||||||
| 8 | serving 300 or greater animal
units shall be operated only | ||||||
| 9 | under the supervision of a certified livestock
manager. | ||||||
| 10 | Notwithstanding Not withstanding the before-stated provision, | ||||||
| 11 | a livestock waste
handling facility may be operated on an | ||||||
| 12 | interim basis,
but not to exceed 6 months, to allow for the | ||||||
| 13 | owner or operator of the facility
to become certified.
| ||||||
| 14 | (b) A certification program shall include the following:
| ||||||
| 15 | (1) A general working knowledge of best management | ||||||
| 16 | practices.
| ||||||
| 17 | (2) A general working knowledge of livestock waste | ||||||
| 18 | handling
practices and procedures.
| ||||||
| 19 | (3) A general working knowledge of livestock | ||||||
| 20 | management
operations and related safety issues.
| ||||||
| 21 | (4) An awareness and understanding of the | ||||||
| 22 | responsibility of the
owner or operator for all employees | ||||||
| 23 | who may be involved with waste handling.
| ||||||
| 24 | (c) Any certification issued shall be valid for 3 years and | ||||||
| 25 | thereafter
be subject to renewal. A renewal shall be valid for | ||||||
| 26 | a 3 year period and the
procedures set forth in this Section | ||||||
| |||||||
| |||||||
| 1 | shall be followed. The Department may
require anyone who is | ||||||
| 2 | certified to be
recertified in less than 3 years for just cause | ||||||
| 3 | including but not limited to
repeated complaints where | ||||||
| 4 | investigations reveal the need to improve management
| ||||||
| 5 | practices.
| ||||||
| 6 | (d) Methods for obtaining certified livestock manager | ||||||
| 7 | status.
| ||||||
| 8 | (1) The owner or operator of a livestock waste handling | ||||||
| 9 | facility
serving 300 or greater animal units but less than | ||||||
| 10 | 1,000 animal units shall
become a certified livestock | ||||||
| 11 | manager by:
| ||||||
| 12 | (A) attending a training session conducted by the
| ||||||
| 13 | Department of Agriculture, Cooperative Extension | ||||||
| 14 | Service, or any agriculture
association, which has | ||||||
| 15 | been approved by or is in cooperation with the
| ||||||
| 16 | Department; or
| ||||||
| 17 | (B) in lieu of attendance at a training session,
| ||||||
| 18 | successfully completing a written competency | ||||||
| 19 | examination.
| ||||||
| 20 | (2) The owner or operator of a livestock waste handling | ||||||
| 21 | facility
serving 1,000 or greater animal units shall become | ||||||
| 22 | a certified livestock
manager by attending a training | ||||||
| 23 | session conducted by the Department of
Agriculture, | ||||||
| 24 | Cooperative Extension Service, or any agriculture | ||||||
| 25 | association,
which has been approved by or is in | ||||||
| 26 | cooperation with the Department and
successfully | ||||||
| |||||||
| |||||||
| 1 | completing a written competency examination.
| ||||||
| 2 | (e) The certified livestock manager certificate shall be | ||||||
| 3 | issued by the
Department and shall indicate that the person | ||||||
| 4 | named on the certificate is
certified as a livestock management | ||||||
| 5 | facility manager, the dates of
certification, and when renewal | ||||||
| 6 | is due.
| ||||||
| 7 | (f) For the years prior to 2011, the Department shall | ||||||
| 8 | charge $10 for the issuance or renewal of a
certified
livestock | ||||||
| 9 | manager certificate.
For the years 2011 and thereafter, the | ||||||
| 10 | Department shall charge $30 for the issuance or renewal of a | ||||||
| 11 | certified livestock manager certificate. The Department may, | ||||||
| 12 | by rule, establish fees to cover the costs of materials and
| ||||||
| 13 | training for training sessions given by the Department.
| ||||||
| 14 | (g) The owner or operator of a livestock waste handling | ||||||
| 15 | facility operating
in violation of the provisions of subsection
| ||||||
| 16 | (a) of this Section shall be issued a warning letter for the | ||||||
| 17 | first violation
and
shall be required to have a certified | ||||||
| 18 | manager for the livestock waste handling
facility within 30 | ||||||
| 19 | working days. For failure to comply with the warning
letter | ||||||
| 20 | within the 30 day period, the person shall
be fined an | ||||||
| 21 | administrative penalty of up to
$1,000 by the Department and | ||||||
| 22 | shall be required to enter into an
agreement to have
a | ||||||
| 23 | certified manager for the livestock waste handling facility | ||||||
| 24 | within 30 working
days. For continued failure to comply, the | ||||||
| 25 | Department may issue an
operational
cease and desist order | ||||||
| 26 | until compliance is attained.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 96-1310, eff. 7-27-10; revised 10-5-16.)
| ||||||
| 2 | Section 645. The Wildlife Code is amended by changing | ||||||
| 3 | Section 2.33a as follows:
| ||||||
| 4 | (520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)
| ||||||
| 5 | Sec. 2.33a. Trapping. | ||||||
| 6 | (a) It is unlawful to fail to visit and remove all animals
| ||||||
| 7 | from traps staked out, set, used, tended, placed or maintained | ||||||
| 8 | at least
once each calendar day.
| ||||||
| 9 | (b) It is unlawful for any person to place, set, use, or | ||||||
| 10 | maintain a
leghold trap or one of similar construction on land, | ||||||
| 11 | that has a jaw spread
of larger than 6 1/2 inches (16.6 CM), or | ||||||
| 12 | a body-gripping trap or one of
similar construction having a | ||||||
| 13 | jaw spread larger than 7 inches (17.8 CM) on
a side if square | ||||||
| 14 | and 8 inches (20.4 CM) if round.
| ||||||
| 15 | (c) It is unlawful for any person to place, set, use, or | ||||||
| 16 | maintain a
leghold trap or one of similar construction in | ||||||
| 17 | water, that has a jaw spread
of larger than 7 1/2 inches (19.1 | ||||||
| 18 | CM), or a body-gripping trap or one of
similar construction | ||||||
| 19 | having a jaw spread larger than 10 inches (25.4 CM) on
a side | ||||||
| 20 | if square and 12 inches (30.5 CM) if round.
| ||||||
| 21 | (d) It is unlawful to use any trap with saw-toothed, | ||||||
| 22 | spiked, or toothed jaws.
| ||||||
| 23 | (e) It is unlawful to destroy, disturb or in any manner | ||||||
| 24 | interfere with
dams, lodges, burrows or feed beds of beaver | ||||||
| |||||||
| |||||||
| 1 | while trapping for beaver or
to set a trap inside a muskrat | ||||||
| 2 | house or beaver lodge, except that this shall
not apply to | ||||||
| 3 | Drainage Districts that who are acting pursuant to the | ||||||
| 4 | provisions
of Section 2.37.
| ||||||
| 5 | (f) It is unlawful to trap beaver or river otter with: (1) | ||||||
| 6 | a leghold trap or one of similar
construction having a jaw | ||||||
| 7 | spread of less than 5 1/2 inches (13.9 CM) or
more than 7 1/2 | ||||||
| 8 | inches (19.1 CM), or (2) a body-gripping trap or one of
similar | ||||||
| 9 | construction having a jaw spread of less than 7 inches (17.7 | ||||||
| 10 | CM) or
more than 10 inches (25.4 CM) on a side if square and 12 | ||||||
| 11 | inches (30.5 CM) if
round, except that these restrictions shall | ||||||
| 12 | not apply during
the open season for trapping raccoons.
| ||||||
| 13 | (g) It is unlawful to set traps closer than 10 feet (3.05 | ||||||
| 14 | M) from any
hole or den which may be occupied by a game mammal | ||||||
| 15 | or fur-bearing mammal
except that this restriction shall not | ||||||
| 16 | apply to water sets.
| ||||||
| 17 | (h) It is unlawful to trap or attempt to trap any | ||||||
| 18 | fur-bearing mammal
with any colony, cage, box, or stove-pipe | ||||||
| 19 | trap designed to take more than one
mammal at a single setting.
| ||||||
| 20 | (i) It is unlawful for any person to set or place any trap | ||||||
| 21 | designed to
take any fur-bearing mammal protected by this Act | ||||||
| 22 | during the closed
trapping season. Proof that any trap was | ||||||
| 23 | placed during the closed trapping
season shall be deemed prima | ||||||
| 24 | facie evidence of a violation of this provision.
| ||||||
| 25 | (j) It is unlawful to place, set, or maintain any leghold | ||||||
| 26 | trap or one of
similar construction within thirty (30) feet | ||||||
| |||||||
| |||||||
| 1 | (9.14 m) of bait placed in
such a manner or position that it is | ||||||
| 2 | not completely covered and concealed
from sight, except that | ||||||
| 3 | this shall not apply to underwater sets. Bait shall
mean and | ||||||
| 4 | include any bait composed of mammal, bird, or fish flesh, fur,
| ||||||
| 5 | hide, entrails or feathers.
| ||||||
| 6 | (k) (Blank).
| ||||||
| 7 | (l) It is unlawful for any person to place, set, use or | ||||||
| 8 | maintain a
snare trap or one of similar construction in water, | ||||||
| 9 | that has a loop
diameter exceeding 15 inches (38.1 CM) or a | ||||||
| 10 | cable or wire diameter of more
than 1/8 inch (3.2 MM) or less | ||||||
| 11 | than 5/64 inch (2.0 MM), that is constructed
of stainless steel | ||||||
| 12 | metal cable or wire, and that does not have a mechanical
lock, | ||||||
| 13 | anchor swivel and stop device to prevent the mechanical lock | ||||||
| 14 | from
closing the noose loop to a diameter of less than 2 1/2 | ||||||
| 15 | inches (6.4 CM).
| ||||||
| 16 | (m) It is unlawful to trap muskrat or mink with (1) a | ||||||
| 17 | leghold trap or one of similar construction or (2) a | ||||||
| 18 | body-gripping trap or one of similar construction unless the | ||||||
| 19 | body-gripping trap or similar trap is completely submerged | ||||||
| 20 | underwater when set. These restrictions shall not apply during | ||||||
| 21 | the open season for trapping raccoons. | ||||||
| 22 | (Source: P.A. 99-33, eff. 1-1-16; revised 10-27-16.)
| ||||||
| 23 | Section 650. The Illinois Vehicle Code is amended by | ||||||
| 24 | changing Sections 1-132, 2-115, 3-114.1, 3-414, 3-506, | ||||||
| 25 | 3-699.14, 3-704.1, 3-809, 6-106, 7-311, 11-905, 11-907, | ||||||
| |||||||
| |||||||
| 1 | 11-908, 11-1431, 15-107, and 18c-7402 as follows:
| ||||||
| 2 | (625 ILCS 5/1-132) (from Ch. 95 1/2, par. 1-132)
| ||||||
| 3 | Sec. 1-132. Intersection.
| ||||||
| 4 | (a) The area embraced within the prolongation or connection | ||||||
| 5 | of the lateral
curb lines, or, if none, then the lateral | ||||||
| 6 | boundary lines of the roadways of
two highways which join one | ||||||
| 7 | another at, or approximately at, right angles
or the area | ||||||
| 8 | within which vehicles traveling upon different roadways | ||||||
| 9 | joining
at any other angle may come in conflict.
| ||||||
| 10 | (b) Where a highway includes two roadways 40 feet or more | ||||||
| 11 | apart, then
every crossing of each roadway of such divided | ||||||
| 12 | highway by an intersecting
highway shall be regarded as a | ||||||
| 13 | separate intersection.
| ||||||
| 14 | (c) The junction of an alley with a street or highway does | ||||||
| 15 | not
constitute an intersection.
| ||||||
| 16 | (Source: P.A. 77-321; revised 9-14-16.)
| ||||||
| 17 | (625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)
| ||||||
| 18 | Sec. 2-115. Investigators.
| ||||||
| 19 | (a) The Secretary of State, for the purpose
of
more | ||||||
| 20 | effectively carrying out the provisions of the laws in relation | ||||||
| 21 | to
motor vehicles, shall have power to appoint such number of | ||||||
| 22 | investigators as
he may deem necessary. It shall be the duty of | ||||||
| 23 | such investigators to
investigate and enforce violations of the | ||||||
| 24 | provisions of this
Act administered by the Secretary of State | ||||||
| |||||||
| |||||||
| 1 | and provisions of Chapters 11,
12, 13, 14, and 15 and to | ||||||
| 2 | investigate and report any violation by any person
who operates | ||||||
| 3 | as a motor carrier of property as defined in Section 18-100 of
| ||||||
| 4 | this Act and does not hold a valid certificate or permit. Such | ||||||
| 5 | investigators
shall have and may exercise throughout the State | ||||||
| 6 | all of the powers of
peace officers.
| ||||||
| 7 | No person may be retained in service as an investigator | ||||||
| 8 | under this
Section after he or she has reached 60 years of age, | ||||||
| 9 | except for a person employed in the title of Capitol Police | ||||||
| 10 | Investigator and who began employment on or after January 1, | ||||||
| 11 | 2011, in which case, that person they may not be retained in | ||||||
| 12 | service after that person has reached 65 years of age.
| ||||||
| 13 | The Secretary of State must authorize to each investigator | ||||||
| 14 | employed under
this
Section and to any other employee of the | ||||||
| 15 | Office of the Secretary of State
exercising the
powers of a | ||||||
| 16 | peace officer a distinct badge that, on its face, (i) clearly
| ||||||
| 17 | states that the
badge is authorized by
the Office of the | ||||||
| 18 | Secretary of State and (ii) contains a unique identifying
| ||||||
| 19 | number.
No other badge shall be authorized by
the Office of the | ||||||
| 20 | Secretary of State.
| ||||||
| 21 | (b) The Secretary may expend such sums as he deems | ||||||
| 22 | necessary from
Contractual
Services appropriations for the | ||||||
| 23 | Department of Police
for the purchase of evidence, for the | ||||||
| 24 | employment of persons to obtain
evidence, and for the payment | ||||||
| 25 | for any goods or services related to
obtaining evidence. Such | ||||||
| 26 | sums shall be advanced to investigators authorized by
the
| ||||||
| |||||||
| |||||||
| 1 | Secretary to expend funds, on vouchers signed by the Secretary. | ||||||
| 2 | In
addition, the Secretary of State is authorized to maintain | ||||||
| 3 | one or more
commercial checking accounts with any State banking | ||||||
| 4 | corporation or
corporations organized under or subject to the | ||||||
| 5 | Illinois Banking Act for the
deposit and withdrawal of moneys | ||||||
| 6 | to be used solely for the purchase of
evidence and for the | ||||||
| 7 | employment of persons to obtain evidence, or for the
payment | ||||||
| 8 | for any goods or services related to obtaining evidence; | ||||||
| 9 | provided
that no check may be written on nor any withdrawal | ||||||
| 10 | made from any such
account except on the written signatures of | ||||||
| 11 | 2 persons designated by the
Secretary to write such checks and | ||||||
| 12 | make such withdrawals, and provided
further that the balance of | ||||||
| 13 | moneys on deposit in any such account shall not
exceed $5,000 | ||||||
| 14 | at any time, nor shall any one check written on or single
| ||||||
| 15 | withdrawal made from any such account exceed $5,000.
| ||||||
| 16 | All fines or moneys collected or received by the Department | ||||||
| 17 | of Police under
any State or federal forfeiture statute; | ||||||
| 18 | including, but not limited to moneys
forfeited under Section 12 | ||||||
| 19 | of the Cannabis Control Act, moneys forfeited under Section 85 | ||||||
| 20 | of the Methamphetamine Control and Community Protection Act,
| ||||||
| 21 | and moneys distributed
under Section 413 of the Illinois | ||||||
| 22 | Controlled Substances Act, shall be deposited
into the | ||||||
| 23 | Secretary of State Evidence Fund.
| ||||||
| 24 | In all convictions for offenses in violation of this Act, | ||||||
| 25 | the Court may
order restitution to the Secretary of any or all | ||||||
| 26 | sums expended for the
purchase of evidence, for the employment | ||||||
| |||||||
| |||||||
| 1 | of persons to obtain evidence,
and for the payment for any | ||||||
| 2 | goods or services related to obtaining evidence.
All such | ||||||
| 3 | restitution received by the Secretary shall be deposited into | ||||||
| 4 | the
Secretary of State Evidence Fund. Moneys deposited into the | ||||||
| 5 | fund shall,
subject to appropriation, be used by the Secretary | ||||||
| 6 | of State for the
purposes provided for under the provisions of | ||||||
| 7 | this Section.
| ||||||
| 8 | (Source: P.A. 99-896, eff. 1-1-17; revised 10-25-16.)
| ||||||
| 9 | (625 ILCS 5/3-114.1)
| ||||||
| 10 | Sec. 3-114.1. Transfers to and from charitable
| ||||||
| 11 | organizations. When a charitable not-for-profit organization
| ||||||
| 12 | that is exempt from federal income taxation under Section
| ||||||
| 13 | 501(c)(3) of the Internal Revenue Code becomes the recipient
of | ||||||
| 14 | a motor vehicle by means of a donation from an individual,
the | ||||||
| 15 | organization need not send
the certificate of title to the | ||||||
| 16 | Secretary of State. Upon
transferring the motor vehicle, the
| ||||||
| 17 | organization shall promptly and within 20 days execute the
| ||||||
| 18 | reassignment to reflect the transfer from the organization
to | ||||||
| 19 | the purchaser.
The
organization is specifically authorized to | ||||||
| 20 | complete and
execute the space reserved in the certificate of | ||||||
| 21 | title for a
dealer reassignment, notwithstanding not | ||||||
| 22 | withstanding that the organization
is not a licensed dealer. | ||||||
| 23 | Nothing in this Section shall be
construed to require the | ||||||
| 24 | organization to become a licensed
vehicle dealer.
| ||||||
| 25 | (Source: P.A. 92-495, eff. 1-1-02; revised 9-14-16.)
| ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 5/3-414) (from Ch. 95 1/2, par. 3-414)
| ||||||
| 2 | Sec. 3-414. Expiration of registration.
| ||||||
| 3 | (a) Every vehicle registration under this Chapter and every | ||||||
| 4 | registration
card and registration plate or registration | ||||||
| 5 | sticker issued hereunder to a
vehicle shall be for the periods | ||||||
| 6 | specified in this Chapter and shall expire
at midnight on the | ||||||
| 7 | day and date specified in this Section as follows:
| ||||||
| 8 | 1. When registered on a calendar year basis commencing | ||||||
| 9 | January 1,
expiration shall be on the 31st day of December | ||||||
| 10 | or at such other date as
may be selected in the discretion | ||||||
| 11 | of the Secretary of State; however,
through December 31, | ||||||
| 12 | 2004, registrations of apportionable vehicles, | ||||||
| 13 | motorcycles, motor driven cycles
and pedalcycles shall | ||||||
| 14 | commence on the first day of April and shall expire
March | ||||||
| 15 | 31st of the following calendar year;
| ||||||
| 16 | 1.1. Beginning January 1, 2005, registrations of | ||||||
| 17 | motorcycles and motor driven cycles shall commence on | ||||||
| 18 | January 1 and shall expire on December 31 or on another | ||||||
| 19 | date that may be selected by the Secretary; registrations | ||||||
| 20 | of apportionable vehicles and pedalcycles, however, shall | ||||||
| 21 | commence on the first day of April and shall expire March | ||||||
| 22 | 31 of the following calendar year;
| ||||||
| 23 | 2. When registered on a 2 calendar year basis | ||||||
| 24 | commencing January 1
of an even-numbered year, expiration | ||||||
| 25 | shall be on the 31st day of
December of the ensuing | ||||||
| |||||||
| |||||||
| 1 | odd-numbered year, or at such other later date
as may be | ||||||
| 2 | selected in the discretion of the Secretary of State not
| ||||||
| 3 | beyond March 1 next;
| ||||||
| 4 | 3. When registered on a fiscal year basis commencing | ||||||
| 5 | July 1,
expiration shall be on the 30th day of June or at | ||||||
| 6 | such other later date
as may be selected in the discretion | ||||||
| 7 | of the Secretary of State not
beyond September 1 next;
| ||||||
| 8 | 4. When registered on a 2 fiscal year basis commencing | ||||||
| 9 | July 1 of an
even-numbered year, expiration shall be on the | ||||||
| 10 | 30th day of June of the
ensuing even-numbered year, or at | ||||||
| 11 | such other later date as may be
selected in the discretion | ||||||
| 12 | of the Secretary of State not beyond
September 1 next;
| ||||||
| 13 | 5. When registered on a 4 fiscal year basis commencing | ||||||
| 14 | July 1 of an
even-numbered year, expiration shall be on the | ||||||
| 15 | 30th day of June of the
second ensuing even-numbered year, | ||||||
| 16 | or at such other later date as may be
selected in the | ||||||
| 17 | discretion of the Secretary of State not beyond
September 1 | ||||||
| 18 | next. ;
| ||||||
| 19 | (a-5) The Secretary may, in his or her discretion, require | ||||||
| 20 | an owner of a motor vehicle of the first division or a motor | ||||||
| 21 | vehicle of the second division weighing not more than 8,000 | ||||||
| 22 | pounds to select the owner's birthday as the date of | ||||||
| 23 | registration expiration under this Section. If the motor | ||||||
| 24 | vehicle has more than one registered owner, the owners may | ||||||
| 25 | select one registered owner's birthday as the date of | ||||||
| 26 | registration expiration. The Secretary may adopt any rules | ||||||
| |||||||
| |||||||
| 1 | necessary to implement this subsection. | ||||||
| 2 | (b) Vehicle registrations of vehicles of the first division | ||||||
| 3 | shall be
for a calendar year, 2 calendar year, 3 calendar year, | ||||||
| 4 | or 5 calendar year basis as provided for in this
Chapter.
| ||||||
| 5 | Vehicle registrations of vehicles under Sections 3-807, | ||||||
| 6 | 3-808 and
3-809 shall be on an indefinite term basis or a 2 | ||||||
| 7 | calendar year basis as
provided for in this Chapter.
| ||||||
| 8 | Vehicle registrations for vehicles of the second division | ||||||
| 9 | shall be
for a fiscal year, 2 fiscal year or calendar year | ||||||
| 10 | basis as provided for
in this Chapter.
| ||||||
| 11 | Motor vehicles registered under the provisions of
Section | ||||||
| 12 | 3-402.1 shall
be issued multi-year registration plates with a | ||||||
| 13 | new registration card
issued annually upon payment of the | ||||||
| 14 | appropriate fees. Motor vehicles registered under the | ||||||
| 15 | provisions of Section 3-405.3 shall be issued multi-year | ||||||
| 16 | registration plates with a new multi-year registration card | ||||||
| 17 | issued pursuant to subsections (j), (k), and (l) of this | ||||||
| 18 | Section upon payment of the appropriate fees. Apportionable
| ||||||
| 19 | trailers and apportionable semitrailers registered under the | ||||||
| 20 | provisions of
Section 3-402.1 shall be issued multi-year | ||||||
| 21 | registration plates and cards
that will be subject to | ||||||
| 22 | revocation for failure to pay annual fees required
by Section | ||||||
| 23 | 3-814.1. The Secretary shall determine when these vehicles
| ||||||
| 24 | shall be issued new registration plates.
| ||||||
| 25 | (c) Every vehicle registration specified in Section 3-810 | ||||||
| 26 | and every
registration card and registration plate or | ||||||
| |||||||
| |||||||
| 1 | registration sticker issued
thereunder shall expire on the 31st | ||||||
| 2 | day of December of each year or at
such other date as may be | ||||||
| 3 | selected in the discretion of the Secretary of
State.
| ||||||
| 4 | (d) Every vehicle registration for a vehicle of the second | ||||||
| 5 | division
weighing over 8,000 pounds,
except as provided in | ||||||
| 6 | paragraph (g) of this Section, and every
registration card and | ||||||
| 7 | registration plate or registration sticker, where
applicable, | ||||||
| 8 | issued hereunder to such vehicles shall be issued for a
fiscal | ||||||
| 9 | year commencing on July 1st of each registration year. However,
| ||||||
| 10 | the Secretary of State may, pursuant to an agreement or | ||||||
| 11 | arrangement or
declaration providing for apportionment of a | ||||||
| 12 | fleet of vehicles with
other jurisdictions, provide for | ||||||
| 13 | registration of such vehicles under
apportionment or for all of | ||||||
| 14 | the vehicles registered in Illinois by an
applicant who | ||||||
| 15 | registers some of his vehicles under apportionment on a
| ||||||
| 16 | calendar year basis instead, and the fees or taxes to be paid | ||||||
| 17 | on a
calendar year basis shall be identical to those specified | ||||||
| 18 | in this Act
for a fiscal year registration. Provision for | ||||||
| 19 | installment payment may
also be made.
| ||||||
| 20 | (e) Semitrailer registrations under apportionment may be | ||||||
| 21 | on a
calendar year under a reciprocal agreement or arrangement | ||||||
| 22 | and all other
semitrailer registrations shall be on fiscal year | ||||||
| 23 | or 2 fiscal year or 4
fiscal year basis as provided for in this | ||||||
| 24 | Chapter.
| ||||||
| 25 | (f) The Secretary of State may convert annual registration | ||||||
| 26 | plates or
2-year registration plates, whether registered on a | ||||||
| |||||||
| |||||||
| 1 | calendar year or fiscal
year basis, to multi-year plates. The | ||||||
| 2 | determination of which plate categories
and when to convert to | ||||||
| 3 | multi-year plates is solely within the discretion of the
| ||||||
| 4 | Secretary of State.
| ||||||
| 5 | (g) After January 1, 1975, each registration, registration | ||||||
| 6 | card and
registration plate or registration sticker, where | ||||||
| 7 | applicable, issued for
a recreational vehicle or recreational | ||||||
| 8 | or camping trailer, except a
house trailer, used exclusively by | ||||||
| 9 | the owner for recreational purposes,
and not used commercially | ||||||
| 10 | nor as a truck or bus, nor for hire, shall be
on a calendar year | ||||||
| 11 | basis; except that the Secretary of State shall
provide for | ||||||
| 12 | registration and the issuance of registration cards and
plates | ||||||
| 13 | or registration stickers, where applicable, for one 6-month
| ||||||
| 14 | period in order to accomplish an orderly transition from a | ||||||
| 15 | fiscal year
to a calendar year basis. Fees and taxes due under | ||||||
| 16 | this Act for a
registration year shall be appropriately reduced | ||||||
| 17 | for such 6-month
transitional registration period.
| ||||||
| 18 | (h) The Secretary of State may, in order to accomplish an | ||||||
| 19 | orderly
transition for vehicles registered under Section | ||||||
| 20 | 3-402.1 of this Code from
a calendar year registration to a | ||||||
| 21 | March 31st expiration, require applicants
to pay fees and taxes | ||||||
| 22 | due under this Code on a 15 month registration basis.
However, | ||||||
| 23 | if in the discretion of the Secretary of State this creates an
| ||||||
| 24 | undue hardship on any applicant the Secretary may allow the | ||||||
| 25 | applicant to
pay 3 month fees and taxes at the time of | ||||||
| 26 | registration and the additional
12 month fees and taxes to be | ||||||
| |||||||
| |||||||
| 1 | payable no later than March 31, 1992 31 of the year
after this | ||||||
| 2 | amendatory Act of 1991 takes effect.
| ||||||
| 3 | (i) The Secretary of State may stagger registrations, or | ||||||
| 4 | change the annual expiration date, as necessary
for the | ||||||
| 5 | convenience of the public and the efficiency of his Office. In
| ||||||
| 6 | order to appropriately and effectively accomplish any such | ||||||
| 7 | staggering, the
Secretary of State is authorized to prorate all | ||||||
| 8 | required registration fees, rounded to the nearest dollar,
but | ||||||
| 9 | in no event for a period longer than 18 months, at a monthly | ||||||
| 10 | rate for
a 12 month registration fee.
| ||||||
| 11 | (j) The Secretary of State may enter into an agreement with | ||||||
| 12 | a rental owner, as defined in Section 3-400 of this Code, who | ||||||
| 13 | registers a fleet of motor vehicles of the first division | ||||||
| 14 | pursuant to Section 3-405.3 of this Code to provide for the | ||||||
| 15 | registration of the rental owner's vehicles on a 2 or 3 | ||||||
| 16 | calendar year basis and the issuance of multi-year registration | ||||||
| 17 | plates with a new registration card
issued up to every 3 years. | ||||||
| 18 | (k) The Secretary of State may provide multi-year | ||||||
| 19 | registration cards for any registered fleet of motor vehicles | ||||||
| 20 | of the first or second division that are registered pursuant to | ||||||
| 21 | Section 3-405.3 of this Code. Each motor vehicle of the | ||||||
| 22 | registered fleet must carry an unique multi-year registration | ||||||
| 23 | card that displays the vehicle identification number of the | ||||||
| 24 | registered motor vehicle. The Secretary of State shall | ||||||
| 25 | promulgate rules in order to implement multi-year | ||||||
| 26 | registrations. | ||||||
| |||||||
| |||||||
| 1 | (l) Beginning with the 2018 registration year, the | ||||||
| 2 | Secretary of State may enter into an agreement with a rental | ||||||
| 3 | owner, as defined in Section 3-400 of this Code, who registers | ||||||
| 4 | a fleet of motor vehicles of the first division under Section | ||||||
| 5 | 3-405.3 of this Code to provide for the registration of the | ||||||
| 6 | rental owner's vehicle on a 5 calendar year basis. Motor | ||||||
| 7 | vehicles registered on a 5 calendar year basis shall be issued | ||||||
| 8 | a distinct registration plate that expires on a 5-year cycle. | ||||||
| 9 | The Secretary may prorate the registration of these | ||||||
| 10 | registration plates to the length of time remaining in the | ||||||
| 11 | 5-year cycle. The Secretary may adopt any rules necessary to | ||||||
| 12 | implement this subsection. | ||||||
| 13 | (Source: P.A. 99-80, eff. 1-1-16; 99-644, eff. 1-1-17; revised | ||||||
| 14 | 10-26-16.)
| ||||||
| 15 | (625 ILCS 5/3-506) | ||||||
| 16 | Sec. 3-506. Transfer of plates to spouses of military | ||||||
| 17 | service members. Upon the death of a military service member | ||||||
| 18 | who has been issued a special plate plates under Section | ||||||
| 19 | 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, | ||||||
| 20 | 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-666, 3-667, | ||||||
| 21 | 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688, | ||||||
| 22 | 3-693, 3-698, or 3-699.12 of this Code, the surviving spouse of | ||||||
| 23 | that service member may retain the plate so long as that spouse | ||||||
| 24 | is a resident of Illinois and transfers the registration to his | ||||||
| 25 | or her name within 180 days of the death of the service member. | ||||||
| |||||||
| |||||||
| 1 | For the purposes of this Section, "service member" means | ||||||
| 2 | any individual who is serving or has served in any branch of | ||||||
| 3 | the United States Armed Forces, including the National Guard or | ||||||
| 4 | other reserve components of the Armed Forces, and has been | ||||||
| 5 | issued a special plate listed in this Section.
| ||||||
| 6 | (Source: P.A. 99-805, eff. 1-1-17; revised 10-27-16.)
| ||||||
| 7 | (625 ILCS 5/3-699.14) | ||||||
| 8 | Sec. 3-699.14. Universal special license plates. | ||||||
| 9 | (a) In addition to any other special license plate, the | ||||||
| 10 | Secretary, upon receipt of all applicable fees and applications | ||||||
| 11 | made in the form prescribed by the Secretary, may issue | ||||||
| 12 | Universal special license plates to residents of Illinois on | ||||||
| 13 | behalf of organizations that have been authorized by the | ||||||
| 14 | General Assembly to issue decals for Universal special license | ||||||
| 15 | plates. Appropriate documentation, as determined by the | ||||||
| 16 | Secretary, shall accompany each application. Authorized | ||||||
| 17 | organizations shall be designated by amendment to this Section. | ||||||
| 18 | When applying for a Universal special license plate the | ||||||
| 19 | applicant shall inform the Secretary of the name of the | ||||||
| 20 | authorized organization from which the applicant will obtain a | ||||||
| 21 | decal to place on the plate. The Secretary shall make a record | ||||||
| 22 | of that organization and that organization shall remain | ||||||
| 23 | affiliated with that plate until the plate is surrendered, | ||||||
| 24 | revoked, or otherwise cancelled. The authorized organization | ||||||
| 25 | may charge a fee to offset the cost of producing and | ||||||
| |||||||
| |||||||
| 1 | distributing the decal, but that fee shall be retained by the | ||||||
| 2 | authorized organization and shall be separate and distinct from | ||||||
| 3 | any registration fees charged by the Secretary. No decal, | ||||||
| 4 | sticker, or other material may be affixed to a Universal | ||||||
| 5 | special license plate other than a decal authorized by the | ||||||
| 6 | General Assembly in this Section or a registration renewal | ||||||
| 7 | sticker. The special plates issued under this Section shall be | ||||||
| 8 | affixed only to passenger vehicles of the first division, | ||||||
| 9 | including motorcycles and autocycles, or motor vehicles of the | ||||||
| 10 | second division weighing not more than 8,000 pounds. Plates | ||||||
| 11 | issued under this Section shall expire according to the | ||||||
| 12 | multi-year procedure under Section 3-414.1 of this Code. | ||||||
| 13 | (b) The design, color, and format of the Universal special | ||||||
| 14 | license plate shall be wholly within the discretion of the | ||||||
| 15 | Secretary. Universal special license plates are not required to | ||||||
| 16 | designate "Land of Lincoln", as prescribed in subsection (b) of | ||||||
| 17 | Section 3-412 of this Code. The design shall allow for the | ||||||
| 18 | application of a decal to the plate. Organizations authorized | ||||||
| 19 | by the General Assembly to issue decals for Universal special | ||||||
| 20 | license plates shall comply with rules adopted by the Secretary | ||||||
| 21 | governing the requirements for and approval of Universal | ||||||
| 22 | special license plate decals. The Secretary may, in his or her | ||||||
| 23 | discretion, allow Universal special license plates to be issued | ||||||
| 24 | as vanity or personalized plates in accordance with Section | ||||||
| 25 | 3-405.1 of this Code. The Secretary of State must make a | ||||||
| 26 | version of the special registration plates authorized under | ||||||
| |||||||
| |||||||
| 1 | this Section in a form appropriate for motorcycles and | ||||||
| 2 | autocycles. | ||||||
| 3 | (c) When authorizing a Universal special license plate, the | ||||||
| 4 | General Assembly shall set forth whether an additional fee is | ||||||
| 5 | to be charged for the plate and, if a fee is to be charged, the | ||||||
| 6 | amount of the fee and how the fee is to be distributed. When | ||||||
| 7 | necessary, the authorizing language shall create a special fund | ||||||
| 8 | in the State treasury into which fees may be deposited for an | ||||||
| 9 | authorized Universal special license plate. Additional fees | ||||||
| 10 | may only be charged if the fee is to be paid over to a State | ||||||
| 11 | agency or to a charitable entity that is in compliance with the | ||||||
| 12 | registration and reporting requirements of the Charitable | ||||||
| 13 | Trust Act and the Solicitation for Charity Act. Any charitable | ||||||
| 14 | entity receiving fees for the sale of Universal special license | ||||||
| 15 | plates shall annually provide the Secretary of State a letter | ||||||
| 16 | of compliance issued by the Attorney General verifying that the | ||||||
| 17 | entity is in compliance with the Charitable Trust Act and the | ||||||
| 18 | Solicitation for Charity Act. | ||||||
| 19 | (d) Upon original issuance and for each registration | ||||||
| 20 | renewal period, in addition to the appropriate registration | ||||||
| 21 | fee, if applicable, the Secretary shall collect any additional | ||||||
| 22 | fees, if required, for issuance of Universal special license | ||||||
| 23 | plates. The fees shall be collected on behalf of the | ||||||
| 24 | organization designated by the applicant when applying for the | ||||||
| 25 | plate. All fees collected shall be transferred to the State | ||||||
| 26 | agency on whose behalf the fees were collected, or paid into | ||||||
| |||||||
| |||||||
| 1 | the special fund designated in the law authorizing the | ||||||
| 2 | organization to issue decals for Universal special license | ||||||
| 3 | plates. All money in the designated fund shall be distributed | ||||||
| 4 | by the Secretary subject to appropriation by the General | ||||||
| 5 | Assembly.
| ||||||
| 6 | (e) The following organizations may issue decals for | ||||||
| 7 | Universal special license plates with the original and renewal | ||||||
| 8 | fees and fee distribution as follows: | ||||||
| 9 | (1) The Illinois Department of Natural Resources. | ||||||
| 10 | (A) Original issuance: $25; with $10 to the | ||||||
| 11 | Roadside Monarch Habitat Fund and $15 to the Secretary | ||||||
| 12 | of State Special Plate Fund. | ||||||
| 13 | (B) Renewal: $25; with $23 to the Roadside Monarch | ||||||
| 14 | Habitat Fund and $2 to the Secretary of State Special | ||||||
| 15 | Plate Fund. | ||||||
| 16 | (2) (1) Illinois Veterans' Homes. | ||||||
| 17 | (A) Original issuance: $26, which shall be | ||||||
| 18 | deposited into the Illinois Veterans' Homes Fund. | ||||||
| 19 | (B) Renewal: $26, which shall be deposited into the | ||||||
| 20 | Illinois Veterans' Homes Fund. | ||||||
| 21 | (f) The following funds are created as special funds in the | ||||||
| 22 | State treasury: | ||||||
| 23 | (1) The Roadside Monarch Habitat Fund. All moneys to be | ||||||
| 24 | paid as grants to the Illinois Department of Natural | ||||||
| 25 | Resources to fund roadside monarch and other pollinator | ||||||
| 26 | habitat development, enhancement, and restoration projects | ||||||
| |||||||
| |||||||
| 1 | in this State. | ||||||
| 2 | (Source: P.A. 99-483, eff. 7-1-16; 99-723, eff. 8-5-16; 99-814, | ||||||
| 3 | eff. 1-1-17; revised 9-12-16.)
| ||||||
| 4 | (625 ILCS 5/3-704.1)
| ||||||
| 5 | Sec. 3-704.1. Municipal vehicle tax liability; suspension | ||||||
| 6 | of registration.
| ||||||
| 7 | (a) As used in this Section:
| ||||||
| 8 | (1) "Municipality" means a city, village or | ||||||
| 9 | incorporated town with a
population over 1,000,000.
| ||||||
| 10 | (2) "Vehicle tax" means a motor vehicle tax and any | ||||||
| 11 | related late fees
or charges imposed by a municipality | ||||||
| 12 | under Section 8-11-4 of or the
Illinois Municipal Code or | ||||||
| 13 | under the municipality's home rule powers.
| ||||||
| 14 | (3) "Vehicle owner" means the registered owner or | ||||||
| 15 | owners of a vehicle
who are residents of the municipality.
| ||||||
| 16 | (b) A municipality that imposes a vehicle tax may, by | ||||||
| 17 | ordinance adopted
under this Section, establish a system | ||||||
| 18 | whereby the municipality
notifies the Secretary of State of | ||||||
| 19 | vehicle tax liability and the Secretary
of State suspends the | ||||||
| 20 | registration of vehicles for which the tax has not
been paid. | ||||||
| 21 | An ordinance establishing a system must provide for the | ||||||
| 22 | following:
| ||||||
| 23 | (1) A first notice for failure to pay a vehicle tax | ||||||
| 24 | shall
be sent by first class mail to the vehicle owner at | ||||||
| 25 | the owner's address
recorded with the Secretary of State | ||||||
| |||||||
| |||||||
| 1 | whenever the municipality has reasonable
cause to believe | ||||||
| 2 | that the vehicle owner has failed to pay a vehicle tax as
| ||||||
| 3 | required by ordinance. The notice shall include at least | ||||||
| 4 | the following:
| ||||||
| 5 | (A) The name and address of the vehicle owner.
| ||||||
| 6 | (B) The registration plate number of the vehicle.
| ||||||
| 7 | (C) The period for which the vehicle tax is due.
| ||||||
| 8 | (D) The amount of vehicle tax that is due.
| ||||||
| 9 | (E) A statement that the vehicle owner's | ||||||
| 10 | registration for the
vehicle will be subject to | ||||||
| 11 | suspension proceedings unless the vehicle owner
pays | ||||||
| 12 | the vehicle tax or successfully contests the owner's | ||||||
| 13 | alleged liability
within 30 days of the date of the | ||||||
| 14 | notice.
| ||||||
| 15 | (F) An explanation of the vehicle owner's | ||||||
| 16 | opportunity to be heard
under subsection (c).
| ||||||
| 17 | (2) If a vehicle owner fails to pay the vehicle tax or | ||||||
| 18 | to contest
successfully the owner's alleged liability | ||||||
| 19 | within the period specified in the
first notice, a second | ||||||
| 20 | notice of impending registration suspension shall be
sent | ||||||
| 21 | by first class mail to the vehicle owner at the owner's | ||||||
| 22 | address recorded
with the Secretary of State. The notice | ||||||
| 23 | shall contain the same information as
the first notice, but | ||||||
| 24 | shall also state that the failure to pay the amount
owing, | ||||||
| 25 | or to contest successfully the alleged liability within 45 | ||||||
| 26 | days of the
date of the second notice, will result in the | ||||||
| |||||||
| |||||||
| 1 | municipality's notification of
the Secretary of State that | ||||||
| 2 | the vehicle owner is eligible for initiation of
suspension | ||||||
| 3 | proceedings under this Section.
| ||||||
| 4 | (c) An ordinance adopted under this Section must also give | ||||||
| 5 | the
vehicle owner an opportunity to be heard upon the filing of | ||||||
| 6 | a timely
petition with the municipality. A vehicle owner may | ||||||
| 7 | contest the alleged
tax liability either through an | ||||||
| 8 | adjudication by mail or at an
administrative hearing, at the | ||||||
| 9 | option of the vehicle owner. The grounds
upon which the | ||||||
| 10 | liability may be contested may be limited to the following:
| ||||||
| 11 | (1) The alleged vehicle owner does not own the vehicle.
| ||||||
| 12 | (2) The vehicle is not subject to the vehicle tax by | ||||||
| 13 | law.
| ||||||
| 14 | (3) The vehicle tax for the period in question has been | ||||||
| 15 | paid.
| ||||||
| 16 | At an administrative hearing, the formal or technical rules | ||||||
| 17 | of evidence
shall not apply. The hearing shall be recorded. The | ||||||
| 18 | person conducting
the hearing shall have the power to | ||||||
| 19 | administer oaths and to secure by
subpoena the attendance and | ||||||
| 20 | testimony of witnesses and the production of
relevant | ||||||
| 21 | documents.
| ||||||
| 22 | (d) If a vehicle owner who has been sent a first notice of | ||||||
| 23 | failure to
pay a vehicle tax and a second notice of impending | ||||||
| 24 | registration suspension
fails to pay the vehicle tax or to | ||||||
| 25 | contest successfully the vehicle owner's
liability within the | ||||||
| 26 | periods specified in the notices, the appropriate
official | ||||||
| |||||||
| |||||||
| 1 | shall cause a certified report to be sent to the Secretary of
| ||||||
| 2 | State under subsection (e).
| ||||||
| 3 | (e) A report of a municipality notifying the Secretary of | ||||||
| 4 | State of a
vehicle owner's failure to pay a vehicle tax or | ||||||
| 5 | related fines or penalties
under this Section shall be | ||||||
| 6 | certified by the appropriate official and
shall contain the | ||||||
| 7 | following:
| ||||||
| 8 | (1) The name, last known address, and registration | ||||||
| 9 | plate number of the
vehicle of the person who failed to pay | ||||||
| 10 | the vehicle tax.
| ||||||
| 11 | (2) The name of the municipality making the report.
| ||||||
| 12 | (3) A statement that the municipality sent notices as | ||||||
| 13 | required by
subsection (b); the date on which the notices | ||||||
| 14 | were sent; the address to
which the notices were sent; and | ||||||
| 15 | the date of the hearing, if any.
| ||||||
| 16 | (f) Following receipt of the certified report under this | ||||||
| 17 | Section,
the Secretary of State shall notify the vehicle owner | ||||||
| 18 | that the vehicle's
registration will be suspended at the end of | ||||||
| 19 | a reasonable specified period
of time unless the Secretary of | ||||||
| 20 | State is presented with a notice from the
municipality | ||||||
| 21 | certifying that the person has paid the necessary vehicle tax,
| ||||||
| 22 | or that inclusion of that person's name or registration number | ||||||
| 23 | on the certified
report was in error. The Secretary's notice | ||||||
| 24 | shall state in substance the
information contained in the | ||||||
| 25 | certified report from the municipality to the
Secretary, and | ||||||
| 26 | shall be effective as specified by subsection (c) of Section
| ||||||
| |||||||
| |||||||
| 1 | 6-211 of this Code. The notice shall also inform the person of | ||||||
| 2 | the person's
right to a hearing under subsection (g).
| ||||||
| 3 | (g) An administrative hearing with the Office of the | ||||||
| 4 | Secretary of State
to contest an impending suspension or a | ||||||
| 5 | suspension made under this
Section may be had upon filing a | ||||||
| 6 | written request with the Secretary of
State. The filing fee for | ||||||
| 7 | this hearing shall be $20 to be paid at the time
the request is | ||||||
| 8 | made.
| ||||||
| 9 | (1) The scope of any administrative hearing with the | ||||||
| 10 | Secretary of
State to contest an impending suspension under | ||||||
| 11 | this Section shall be
limited to the following issues:
| ||||||
| 12 | (A) Whether the report of the appropriate official | ||||||
| 13 | of the municipality
was certified and contained the | ||||||
| 14 | information required by this Section.
| ||||||
| 15 | (B) Whether the municipality making the certified | ||||||
| 16 | report to the
Secretary of State established | ||||||
| 17 | procedures by ordinance for persons to
challenge the | ||||||
| 18 | accuracy of the certified report.
| ||||||
| 19 | (C) Whether the Secretary of State notified the | ||||||
| 20 | vehicle owner
that the vehicle's registration would be | ||||||
| 21 | suspended at the end of the
specified time period | ||||||
| 22 | unless the Secretary of State was presented with a
| ||||||
| 23 | notice from the municipality certifying that the | ||||||
| 24 | person has purchased the
necessary vehicle tax sticker | ||||||
| 25 | or that inclusion of that person's name or
registration | ||||||
| 26 | number on the certified report was in error.
| ||||||
| |||||||
| |||||||
| 1 | A municipality that files a certified report with the | ||||||
| 2 | Secretary of State
under this Section shall reimburse the | ||||||
| 3 | Secretary for all reasonable
costs incurred by the Secretary as | ||||||
| 4 | a result of the filing of the report,
including but not limited | ||||||
| 5 | to the costs of providing the notice required
under subsection | ||||||
| 6 | (f) and the costs incurred by the Secretary in any
hearing | ||||||
| 7 | conducted with respect to the report under this subsection
and | ||||||
| 8 | any appeal from that hearing.
| ||||||
| 9 | (h) After the expiration of the time specified under | ||||||
| 10 | subsection
(g), the Secretary of State shall, unless the | ||||||
| 11 | suspension is successfully
contested, suspend the registration | ||||||
| 12 | of the vehicle until the Secretary
receives notice under | ||||||
| 13 | subsection (i).
| ||||||
| 14 | (i) Any municipality making a certified report to the | ||||||
| 15 | Secretary of State
under this subsection shall notify the | ||||||
| 16 | Secretary of State, in a form
prescribed by the Secretary, | ||||||
| 17 | whenever a person named in the certified
report has | ||||||
| 18 | subsequently paid a vehicle tax or whenever the municipality
| ||||||
| 19 | determines that the original report was in error. A certified | ||||||
| 20 | copy of the
notification shall also be given upon request and | ||||||
| 21 | at no additional charge to
the person named in the report. Upon | ||||||
| 22 | receipt of the notification or
presentation of a certified copy | ||||||
| 23 | of the notification by the municipality, the
Secretary of State | ||||||
| 24 | shall terminate the suspension.
| ||||||
| 25 | (j) To facilitate enforcement of municipal vehicle tax | ||||||
| 26 | liability, a municipality may provide by ordinance for a | ||||||
| |||||||
| |||||||
| 1 | program of vehicle immobilization as provided by Section | ||||||
| 2 | 11-1430.1 of this Code. | ||||||
| 3 | (Source: P.A. 97-937, eff. 8-10-12; revised 9-14-16.)
| ||||||
| 4 | (625 ILCS 5/3-809) (from Ch. 95 1/2, par. 3-809)
| ||||||
| 5 | Sec. 3-809. Farm machinery, exempt vehicles and fertilizer | ||||||
| 6 | spreaders; registration spreaders -
registration fee. | ||||||
| 7 | (a) Vehicles of the second division having a corn
sheller, | ||||||
| 8 | a well driller, hay press, clover huller, feed mixer and | ||||||
| 9 | unloader,
or other farm machinery permanently mounted thereon | ||||||
| 10 | and used solely for
transporting the same, farm wagon type | ||||||
| 11 | trailers having a fertilizer
spreader attachment permanently | ||||||
| 12 | mounted thereon, having a gross weight of
not to exceed 36,000 | ||||||
| 13 | pounds and used only for the transportation of bulk
fertilizer, | ||||||
| 14 | and farm wagon type tank trailers of not to exceed 3,000
| ||||||
| 15 | gallons capacity, used during the liquid fertilizer season as | ||||||
| 16 | field-storage
"nurse tanks" supplying the fertilizer to a field | ||||||
| 17 | applicator and moved on
highways only for bringing the | ||||||
| 18 | fertilizer from a local source of supply to
farm or field or | ||||||
| 19 | from one farm or field to another, or used during the lime
| ||||||
| 20 | season and moved on the highways only for bringing from a local | ||||||
| 21 | source of
supply to farm or field or from one farm or field to | ||||||
| 22 | another, shall be
registered upon the filing of a proper | ||||||
| 23 | application and the payment of a
registration fee of $13 per | ||||||
| 24 | 2-year registration period. This
registration fee of $13 shall | ||||||
| 25 | be paid in full and shall not be
reduced even though such | ||||||
| |||||||
| |||||||
| 1 | registration is made after the beginning of the
registration | ||||||
| 2 | period.
| ||||||
| 3 | (b) Vehicles exempt from registration under the provisions | ||||||
| 4 | of Section
3-402.A of this Act, as amended, except those | ||||||
| 5 | vehicles required to be
registered under paragraph (c) of this | ||||||
| 6 | Section, may, at the option of the
owner, be identified as | ||||||
| 7 | exempt vehicles by displaying registration plates
issued by the | ||||||
| 8 | Secretary of State. The owner thereof may apply for such
| ||||||
| 9 | permanent, non-transferable
registration plates upon the | ||||||
| 10 | filing of a proper application and the payment
of a | ||||||
| 11 | registration fee of $13. The application for and display of | ||||||
| 12 | such registration
plates for identification purposes by | ||||||
| 13 | vehicles exempt from registration
shall not be deemed as a | ||||||
| 14 | waiver or rescission recision of its exempt status, nor make
| ||||||
| 15 | such vehicle subject to registration. Nothing in this Section | ||||||
| 16 | prohibits the towing of another vehicle by the exempt vehicle | ||||||
| 17 | if the towed vehicle: | ||||||
| 18 | (i) does not exceed the registered weight of 8,000 | ||||||
| 19 | pounds; | ||||||
| 20 | (ii) is used exclusively for transportation to and from | ||||||
| 21 | the work site; | ||||||
| 22 | (iii) is not used for carrying counter weights or other | ||||||
| 23 | material related to the operation of the exempt vehicle | ||||||
| 24 | while under tow; and
| ||||||
| 25 | (iv) displays proper and current registration plates. | ||||||
| 26 | (c) Any single unit self-propelled agricultural fertilizer | ||||||
| |||||||
| |||||||
| 1 | implement,
designed for both on and off road use, equipped with | ||||||
| 2 | flotation tires and
otherwise specially adapted for the | ||||||
| 3 | application of plant food materials
or agricultural chemicals, | ||||||
| 4 | desiring to be operated upon the highways ladened
with load | ||||||
| 5 | shall be registered upon the filing of a proper application and
| ||||||
| 6 | payment of a registration fee of $250. The registration fee | ||||||
| 7 | shall
be paid
in full and shall not be reduced even though such | ||||||
| 8 | registration is made
during the second half of the registration | ||||||
| 9 | year. These vehicles shall,
whether loaded or unloaded, be | ||||||
| 10 | limited to a maximum gross weight of 36,000
pounds, restricted | ||||||
| 11 | to a highway speed of not more than 30 miles per hour
and a | ||||||
| 12 | legal width of not more than 12 feet. Such vehicles shall be | ||||||
| 13 | limited
to the furthering of agricultural or horticultural | ||||||
| 14 | pursuits and in
furtherance of these pursuits, such vehicles | ||||||
| 15 | may be operated upon the
highway, within a 50 mile radius of | ||||||
| 16 | their point of loading as indicated on
the written or printed | ||||||
| 17 | statement required by the "Illinois Fertilizer Act
of 1961", as | ||||||
| 18 | amended, for the purpose of moving plant food materials or
| ||||||
| 19 | agricultural chemicals to the field, or from field to field, | ||||||
| 20 | for the sole
purpose of application.
| ||||||
| 21 | No single unit self-propelled agricultural fertilizer | ||||||
| 22 | implement, designed
for both on and off road use, equipped with | ||||||
| 23 | flotation tires and
otherwise specially adapted for the | ||||||
| 24 | application of plant food materials
or agricultural chemicals, | ||||||
| 25 | having a width of more than 12 feet or a gross
weight in excess | ||||||
| 26 | of 36,000 pounds, shall be permitted to operate upon the
| ||||||
| |||||||
| |||||||
| 1 | highways ladened with load.
| ||||||
| 2 | Whenever any vehicle is operated in violation of subsection | ||||||
| 3 | (c) of this Section 3-809 (c) of
this Act, the owner or the | ||||||
| 4 | driver of such vehicle shall be deemed guilty of
a petty | ||||||
| 5 | offense and either may be prosecuted for such violation.
| ||||||
| 6 | (Source: P.A. 96-665, eff. 1-1-10; revised 9-14-16.)
| ||||||
| 7 | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
| ||||||
| 8 | Sec. 6-106. Application for license or instruction permit.
| ||||||
| 9 | (a) Every application for any permit or license authorized | ||||||
| 10 | to be issued
under this Code shall be made upon a form | ||||||
| 11 | furnished by the Secretary of
State. Every application shall be | ||||||
| 12 | accompanied by the proper fee and payment
of such fee shall | ||||||
| 13 | entitle the applicant to not more than 3 attempts to pass
the | ||||||
| 14 | examination within a period of one year after the date of | ||||||
| 15 | application.
| ||||||
| 16 | (b) Every application shall state the legal name, social | ||||||
| 17 | security
number, zip
code, date of birth, sex, and residence | ||||||
| 18 | address of the applicant; briefly
describe the applicant; state | ||||||
| 19 | whether the applicant has theretofore been
licensed as a | ||||||
| 20 | driver, and, if so, when and by what state or country, and
| ||||||
| 21 | whether any such license has ever been cancelled, suspended, | ||||||
| 22 | revoked or
refused, and, if so, the date and reason for such | ||||||
| 23 | cancellation, suspension,
revocation or refusal; shall include | ||||||
| 24 | an affirmation by the applicant that
all information set forth | ||||||
| 25 | is true and correct; and shall bear the
applicant's signature. | ||||||
| |||||||
| |||||||
| 1 | In addition to the residence address, the Secretary may allow | ||||||
| 2 | the applicant to provide a mailing address. In the case of an | ||||||
| 3 | applicant who is a judicial officer or peace officer, the | ||||||
| 4 | Secretary may allow the applicant to provide an office or work | ||||||
| 5 | address in lieu of a residence or mailing address. The | ||||||
| 6 | application form may
also require the statement of such | ||||||
| 7 | additional relevant information as the
Secretary of State shall | ||||||
| 8 | deem necessary to determine the applicant's
competency and | ||||||
| 9 | eligibility. The Secretary of State may, in his
discretion, by | ||||||
| 10 | rule or regulation, provide that an application for a
drivers | ||||||
| 11 | license or permit may include a suitable photograph of the
| ||||||
| 12 | applicant in the
form prescribed by the Secretary, and he may | ||||||
| 13 | further provide that each
drivers license shall include a | ||||||
| 14 | photograph of the driver. The Secretary of
State may utilize a | ||||||
| 15 | photograph process or system most suitable to deter
alteration | ||||||
| 16 | or improper reproduction of a drivers license and to prevent
| ||||||
| 17 | substitution of another photo thereon.
For the purposes of this | ||||||
| 18 | subsection (b), "peace officer" means any person who by virtue | ||||||
| 19 | of his or her office or public employment is vested by law with | ||||||
| 20 | a duty to maintain public order or to make arrests for a | ||||||
| 21 | violation of any penal statute of this State, whether that duty | ||||||
| 22 | extends to all violations or is limited to specific violations.
| ||||||
| 23 | (b-5) Beginning July 1, 2017, every applicant for a | ||||||
| 24 | driver's license or permit shall provide proof of lawful status | ||||||
| 25 | in the United States as defined in 6 CFR 37.3, as amended. | ||||||
| 26 | Applicants who are unable to provide the Secretary with proof | ||||||
| |||||||
| |||||||
| 1 | of lawful status may apply for a driver's license or permit | ||||||
| 2 | under Section 6-105.1 of this Code. | ||||||
| 3 | (c) The application form shall include a notice to the | ||||||
| 4 | applicant of the
registration obligations of sex offenders | ||||||
| 5 | under the Sex Offender Registration
Act. The notice shall be | ||||||
| 6 | provided in a form and manner prescribed by the
Secretary of | ||||||
| 7 | State. For purposes of this subsection (c), "sex offender" has
| ||||||
| 8 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
| 9 | Registration Act.
| ||||||
| 10 | (d) Any male United States citizen or immigrant who applies | ||||||
| 11 | for any
permit or
license authorized to be issued under this | ||||||
| 12 | Code or for a renewal of any permit
or
license,
and who is at | ||||||
| 13 | least 18 years of age but less than 26 years of age, must be
| ||||||
| 14 | registered in compliance with the requirements of the federal | ||||||
| 15 | Military
Selective
Service Act.
The Secretary of State must | ||||||
| 16 | forward in an electronic format the necessary
personal | ||||||
| 17 | information regarding the applicants identified in this | ||||||
| 18 | subsection (d)
to
the Selective Service System. The applicant's | ||||||
| 19 | signature on the application
serves
as an indication that the | ||||||
| 20 | applicant either has already registered with the
Selective
| ||||||
| 21 | Service System or that he is authorizing the Secretary to | ||||||
| 22 | forward to the
Selective
Service System the necessary | ||||||
| 23 | information for registration. The Secretary must
notify the | ||||||
| 24 | applicant at the time of application that his signature | ||||||
| 25 | constitutes
consent to registration with the Selective Service | ||||||
| 26 | System, if he is not already
registered.
| ||||||
| |||||||
| |||||||
| 1 | (e) Beginning on or before July 1, 2015, for each original | ||||||
| 2 | or renewal driver's license application under this Code, the | ||||||
| 3 | Secretary shall inquire as to whether the applicant is a | ||||||
| 4 | veteran for purposes of issuing a driver's license with a | ||||||
| 5 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
| 6 | this Code. The acceptable forms of proof shall include, but are | ||||||
| 7 | not limited to, Department of Defense form DD-214. The Illinois | ||||||
| 8 | Department of Veterans' Affairs shall advise the Secretary as | ||||||
| 9 | to what other forms of proof of a person's status as a veteran | ||||||
| 10 | are acceptable. | ||||||
| 11 | The Illinois Department of Veterans' Affairs shall confirm | ||||||
| 12 | the status of the applicant as an honorably discharged veteran | ||||||
| 13 | before the Secretary may issue the driver's license. | ||||||
| 14 | For purposes of this subsection (e): | ||||||
| 15 | "Armed forces" means any of the Armed Forces of the United | ||||||
| 16 | States, including a member of any reserve component or National | ||||||
| 17 | Guard unit. | ||||||
| 18 | "Veteran" means a person who has served in the armed forces | ||||||
| 19 | and was discharged or separated under honorable conditions. | ||||||
| 20 | (Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; | ||||||
| 21 | 98-756, eff. 7-16-14; 99-511, eff. 1-1-17; 99-544, eff. | ||||||
| 22 | 7-15-16; revised 9-13-16.)
| ||||||
| 23 | (625 ILCS 5/7-311) (from Ch. 95 1/2, par. 7-311)
| ||||||
| 24 | Sec. 7-311. Payments sufficient to satisfy requirements. | ||||||
| 25 | (a) Judgments herein referred to arising out of motor | ||||||
| |||||||
| |||||||
| 1 | vehicle accidents
occurring on or after January 1, 2015 (the | ||||||
| 2 | effective date of Public Act 98-519) shall for the purpose of | ||||||
| 3 | this
Chapter be deemed satisfied:
| ||||||
| 4 | 1. when When $25,000 has been credited upon any | ||||||
| 5 | judgment or judgments
rendered in excess of that amount for | ||||||
| 6 | bodily injury to or the death of
one person as the result | ||||||
| 7 | of any one motor vehicle accident; or
| ||||||
| 8 | 2. when When, subject to said limit of $25,000 as to | ||||||
| 9 | any one person, the sum
of $50,000 has been credited upon | ||||||
| 10 | any judgment or judgments rendered
in excess of that amount | ||||||
| 11 | for bodily injury to or the death of more than
one person | ||||||
| 12 | as the result of any one motor vehicle accident; or
| ||||||
| 13 | 3. when When $20,000 has been credited upon any | ||||||
| 14 | judgment or judgments,
rendered in excess of that amount | ||||||
| 15 | for damages to property of others as a
result of any one | ||||||
| 16 | motor vehicle accident.
| ||||||
| 17 | The changes to this subsection made by Public Act 98-519 | ||||||
| 18 | apply only to policies issued or renewed on or after January 1, | ||||||
| 19 | 2015. | ||||||
| 20 | (b) Credit for such amounts shall be deemed a satisfaction | ||||||
| 21 | of any such
judgment or judgments in excess of said amounts | ||||||
| 22 | only for the purposes of
this Chapter.
| ||||||
| 23 | (c) Whenever payment has been made in settlement of any | ||||||
| 24 | claim for bodily
injury, death, or property damage arising from | ||||||
| 25 | a motor vehicle accident
resulting in injury, death, or | ||||||
| 26 | property damage to two or more persons in
such accident, any | ||||||
| |||||||
| |||||||
| 1 | such payment shall be credited in reduction of the
amounts | ||||||
| 2 | provided for in this Section.
| ||||||
| 3 | (Source: P.A. 98-519, eff. 1-1-15; 99-78, eff. 7-20-15; revised | ||||||
| 4 | 9-16-16.)
| ||||||
| 5 | (625 ILCS 5/11-905) (from Ch. 95 1/2, par. 11-905)
| ||||||
| 6 | Sec. 11-905. Merging traffic. Notwithstanding Not | ||||||
| 7 | withstanding the right-of-way right of way provision
in Section | ||||||
| 8 | Sec. 11-901 of this Act, at an intersection where traffic lanes | ||||||
| 9 | are provided
for merging traffic the driver of each vehicle on | ||||||
| 10 | the converging roadways
is required to adjust his vehicular | ||||||
| 11 | speed and lateral position
so as to avoid a collision with | ||||||
| 12 | another vehicle.
| ||||||
| 13 | (Source: P.A. 81-860; revised 9-16-16.)
| ||||||
| 14 | (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
| ||||||
| 15 | Sec. 11-907. Operation of vehicles and streetcars on | ||||||
| 16 | approach of authorized
emergency
vehicles. | ||||||
| 17 | (a) Upon the immediate approach of an authorized emergency | ||||||
| 18 | vehicle
making use of audible and visual signals meeting the | ||||||
| 19 | requirements of this
Code or a police vehicle properly and | ||||||
| 20 | lawfully making use of an audible
or visual signal: ,
| ||||||
| 21 | (1) the driver of every other vehicle
shall yield the | ||||||
| 22 | right-of-way and shall immediately drive to a position
| ||||||
| 23 | parallel to, and as close as possible to, the right-hand | ||||||
| 24 | edge or curb of
the highway clear of any intersection and | ||||||
| |||||||
| |||||||
| 1 | shall, if necessary to permit
the safe passage of the | ||||||
| 2 | emergency vehicle, stop and remain
in such position until | ||||||
| 3 | the authorized emergency vehicle has passed, unless
| ||||||
| 4 | otherwise directed by a police officer; and
| ||||||
| 5 | (2) the operator of every streetcar shall
immediately | ||||||
| 6 | stop such
car clear of any intersection and keep it in such | ||||||
| 7 | position until the
authorized emergency vehicle has | ||||||
| 8 | passed, unless otherwise
directed by
a police officer.
| ||||||
| 9 | (b) This Section shall not operate to relieve the driver of | ||||||
| 10 | an
authorized emergency vehicle from the duty to drive with due | ||||||
| 11 | regard for the
safety of all persons using the highway.
| ||||||
| 12 | (c) Upon approaching a stationary authorized emergency | ||||||
| 13 | vehicle, when the
authorized emergency vehicle is giving a | ||||||
| 14 | signal by displaying alternately
flashing
red, red and white, | ||||||
| 15 | blue, or red and blue lights or amber or yellow warning
lights, | ||||||
| 16 | a
person who drives an approaching vehicle shall:
| ||||||
| 17 | (1) proceeding with due caution, yield the | ||||||
| 18 | right-of-way by making a
lane change into a lane not | ||||||
| 19 | adjacent to that of the authorized
emergency vehicle, if | ||||||
| 20 | possible with due regard to safety and traffic
conditions, | ||||||
| 21 | if on a highway having at least 4 lanes with not less
than | ||||||
| 22 | 2 lanes proceeding in the same direction as the approaching
| ||||||
| 23 | vehicle; or
| ||||||
| 24 | (2) proceeding with due caution, reduce the speed of | ||||||
| 25 | the vehicle,
maintaining a safe speed for road conditions, | ||||||
| 26 | if changing lanes
would be impossible or unsafe.
| ||||||
| |||||||
| |||||||
| 1 | As used in this subsection (c), "authorized emergency | ||||||
| 2 | vehicle"
includes any vehicle authorized by law to be equipped | ||||||
| 3 | with oscillating,
rotating, or flashing lights under Section | ||||||
| 4 | 12-215 of this Code, while the owner
or operator of the vehicle | ||||||
| 5 | is engaged in his or her official duties.
| ||||||
| 6 | (d) A person who violates subsection (c) of this Section | ||||||
| 7 | commits a business
offense punishable by a fine of not less | ||||||
| 8 | than $100 or more than $10,000. It is a factor in
aggravation | ||||||
| 9 | if the person committed the offense while in violation of | ||||||
| 10 | Section
11-501 of this Code. Imposition of the penalties | ||||||
| 11 | authorized by this subsection (d) for a violation of subsection | ||||||
| 12 | (c) of this Section that results in the death of
another person | ||||||
| 13 | does not preclude imposition of appropriate additional civil or | ||||||
| 14 | criminal penalties.
| ||||||
| 15 | (e) If a violation of subsection (c) of this Section | ||||||
| 16 | results in damage to
the
property of another person, in | ||||||
| 17 | addition to any other penalty imposed,
the person's driving | ||||||
| 18 | privileges shall be suspended for a fixed
period of not less | ||||||
| 19 | than 90 days and not more than one year.
| ||||||
| 20 | (f) If a violation of subsection (c) of this Section | ||||||
| 21 | results in injury to
another
person, in addition to any other | ||||||
| 22 | penalty imposed,
the person's driving privileges shall be | ||||||
| 23 | suspended for a fixed period of not
less
than 180
days and not | ||||||
| 24 | more than 2 years.
| ||||||
| 25 | (g) If a violation of subsection (c) of this Section | ||||||
| 26 | results in the death of
another person, in addition to any | ||||||
| |||||||
| |||||||
| 1 | other penalty imposed,
the person's driving privileges shall be | ||||||
| 2 | suspended for 2 years.
| ||||||
| 3 | (h) The Secretary of State shall, upon receiving a record | ||||||
| 4 | of a judgment
entered against a person under subsection (c) of | ||||||
| 5 | this Section:
| ||||||
| 6 | (1) suspend the person's driving privileges for the | ||||||
| 7 | mandatory period; or
| ||||||
| 8 | (2) extend the period of an existing suspension by the | ||||||
| 9 | appropriate
mandatory period.
| ||||||
| 10 | (Source: P.A. 95-884, eff. 1-1-09; revised 9-16-16.)
| ||||||
| 11 | (625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908)
| ||||||
| 12 | Sec. 11-908. Vehicle approaching or entering a highway | ||||||
| 13 | construction or
maintenance
area or zone. | ||||||
| 14 | (a) The driver of a vehicle shall yield the right-of-way | ||||||
| 15 | right of way to any
authorized vehicle or pedestrian actually | ||||||
| 16 | engaged in work upon a highway
within any highway construction | ||||||
| 17 | or maintenance area indicated by
official traffic-control | ||||||
| 18 | devices.
| ||||||
| 19 | (a-1) Upon entering a construction or maintenance zone
when | ||||||
| 20 | workers are present, a
person who drives a vehicle shall:
| ||||||
| 21 | (1) proceeding with due caution, make a
lane change | ||||||
| 22 | into a lane not adjacent to that of the workers present,
if | ||||||
| 23 | possible with due regard to safety and traffic
conditions, | ||||||
| 24 | if on a highway having at least 4 lanes with not less
than | ||||||
| 25 | 2 lanes proceeding in the same direction as the approaching
| ||||||
| |||||||
| |||||||
| 1 | vehicle; or
| ||||||
| 2 | (2) proceeding with due caution, reduce the speed of | ||||||
| 3 | the vehicle,
maintaining a safe speed for road conditions, | ||||||
| 4 | if changing lanes
would be impossible or unsafe.
| ||||||
| 5 | (a-2) A person who violates subsection (a-1) of this
| ||||||
| 6 | Section commits a business
offense punishable by a fine of not | ||||||
| 7 | less than $100 and not more than $10,000. It is a factor in
| ||||||
| 8 | aggravation if the person committed the offense while in | ||||||
| 9 | violation of Section
11-501 of this Code.
| ||||||
| 10 | (a-3) If a violation of subsection (a-1) of this Section
| ||||||
| 11 | results in damage to the property of another person, in | ||||||
| 12 | addition to any other
penalty imposed,
the person's driving | ||||||
| 13 | privileges shall be suspended for a fixed
period of not less | ||||||
| 14 | than 90 days and not more than one year.
| ||||||
| 15 | (a-4) If a violation of subsection (a-1) of this Section
| ||||||
| 16 | results in injury to another person, in addition to any other | ||||||
| 17 | penalty imposed,
the person's driving privileges shall be | ||||||
| 18 | suspended for a fixed period of not
less
than 180
days and not | ||||||
| 19 | more than 2 years.
| ||||||
| 20 | (a-5) If a violation of subsection (a-1) of this Section
| ||||||
| 21 | results in the death of
another person, in addition to any | ||||||
| 22 | other penalty imposed,
the person's driving privileges shall be | ||||||
| 23 | suspended for 2 years.
| ||||||
| 24 | (a-6) The Secretary of State shall, upon receiving a record | ||||||
| 25 | of a judgment
entered against a person under subsection (a-1) | ||||||
| 26 | of this
Section:
| ||||||
| |||||||
| |||||||
| 1 | (1) suspend the person's driving privileges for the | ||||||
| 2 | mandatory period; or
| ||||||
| 3 | (2) extend the period of an existing suspension by the | ||||||
| 4 | appropriate
mandatory period.
| ||||||
| 5 | (b) The driver of a vehicle shall yield the right-of-way | ||||||
| 6 | right of way to any
authorized vehicle obviously and actually | ||||||
| 7 | engaged in work upon a highway
whenever the vehicle engaged in | ||||||
| 8 | construction or maintenance work
displays flashing lights as | ||||||
| 9 | provided in Section 12-215 of this Act.
| ||||||
| 10 | (c) The driver of a vehicle shall stop if signaled to do so | ||||||
| 11 | by a
flagger or a traffic control signal and remain in such | ||||||
| 12 | position until
signaled to proceed. If a driver of a vehicle | ||||||
| 13 | fails to stop when signaled
to do so by a flagger, the flagger | ||||||
| 14 | is authorized to report such offense to
the State's Attorney or | ||||||
| 15 | authorized prosecutor.
The penalties imposed for a violation of | ||||||
| 16 | this subsection (c) shall be in
addition to any penalties | ||||||
| 17 | imposed for a violation of subsection (a-1).
| ||||||
| 18 | (Source: P.A. 92-872, eff. 6-1-03; 93-705, eff. 7-9-04; revised | ||||||
| 19 | 9-16-16.)
| ||||||
| 20 | (625 ILCS 5/11-1431) | ||||||
| 21 | Sec. 11-1431. Solicitations at accident or disablement | ||||||
| 22 | scene prohibited. | ||||||
| 23 | (a) A tower, as defined by Section 1-205.2 of this Code, or | ||||||
| 24 | an employee or agent of a tower may not: (i) stop at the scene | ||||||
| 25 | of a motor vehicle accident or at or near a damaged or disabled | ||||||
| |||||||
| |||||||
| 1 | vehicle for the purpose of soliciting the owner or operator of | ||||||
| 2 | the damaged or disabled vehicle to enter into a towing service | ||||||
| 3 | transaction; or (ii) stop at the scene of an accident or at or | ||||||
| 4 | near a damaged or disabled vehicle unless called to the | ||||||
| 5 | location by a law enforcement officer, the Illinois Department | ||||||
| 6 | of Transportation, the Illinois State Toll Highway Authority, a | ||||||
| 7 | local agency having jurisdiction over the highway, the
owner or | ||||||
| 8 | operator of the damaged or disabled vehicle, or the owner or | ||||||
| 9 | operator's authorized agent, including his or her insurer or | ||||||
| 10 | motor club of which the owner or operator is a member. This | ||||||
| 11 | Section shall not apply to employees of the Department, the | ||||||
| 12 | Illinois State Toll Highway Authority, or local agencies when | ||||||
| 13 | engaged in their official duties. Nothing in this Section shall | ||||||
| 14 | prevent a tower from stopping at the scene of a motor vehicle | ||||||
| 15 | accident or at or near a
damaged or disabled vehicle if the | ||||||
| 16 | owner or operator signals the tower for assistance from the | ||||||
| 17 | location of the motor vehicle accident or damaged or disabled | ||||||
| 18 | vehicle.
| ||||||
| 19 | (b) A person or company who violates this Section is guilty | ||||||
| 20 | of a Class 4 felony. A person convicted of violating this | ||||||
| 21 | Section shall also have his or her driver's license, permit, or | ||||||
| 22 | privileges suspended for 3 months. After the expiration of the | ||||||
| 23 | 3-month 3 month suspension, the person's driver's license, | ||||||
| 24 | permit, or privileges shall not be reinstated until he or she | ||||||
| 25 | has paid a reinstatement fee of $100. If a person violates this | ||||||
| 26 | Section while his or her driver's license, permit, or | ||||||
| |||||||
| |||||||
| 1 | privileges are suspended under this subsection (b), his or her | ||||||
| 2 | driver's license, permit, or privileges shall be suspended for | ||||||
| 3 | an additional 6 months, and shall not be reinstated after the | ||||||
| 4 | expiration of the 6-month 6 month suspension until he or she | ||||||
| 5 | pays a reinstatement fee of $100. A vehicle owner, or his or | ||||||
| 6 | her authorized agent or automobile insurer, may bring a claim | ||||||
| 7 | against a company or person who willfully and materially | ||||||
| 8 | violates this Section. A court may award the prevailing party | ||||||
| 9 | reasonable attorney's fees, costs, and expenses relating to | ||||||
| 10 | that action. | ||||||
| 11 | (Source: P.A. 99-438, eff. 1-1-16; 99-848, eff. 8-19-16; | ||||||
| 12 | revised 10-27-16.)
| ||||||
| 13 | (625 ILCS 5/15-107)
(from Ch. 95 1/2, par. 15-107)
| ||||||
| 14 | Sec. 15-107. Length of vehicles.
| ||||||
| 15 | (a) The maximum length of a single vehicle on any highway | ||||||
| 16 | of this State
may not exceed 42 feet except the following:
| ||||||
| 17 | (1) Semitrailers.
| ||||||
| 18 | (2) Charter or regulated route buses may be up to 45 | ||||||
| 19 | feet in length, not
including energy absorbing bumpers.
| ||||||
| 20 | (a-1) A motor home as defined in Section 1-145.01 may be up | ||||||
| 21 | to 45 feet
in length, not including energy absorbing bumpers. | ||||||
| 22 | The length limitations
described in this subsection (a-1) shall | ||||||
| 23 | be exclusive of energy-absorbing
bumpers and rear view mirrors.
| ||||||
| 24 | (b) On all non-State highways, the maximum length of | ||||||
| 25 | vehicles in
combinations
is as follows:
| ||||||
| |||||||
| |||||||
| 1 | (1) A truck tractor in combination with a semitrailer | ||||||
| 2 | may
not exceed 55 feet overall dimension.
| ||||||
| 3 | (2) A truck tractor-semitrailer-trailer or truck | ||||||
| 4 | tractor semitrailer-semitrailer may not exceed 60 feet
| ||||||
| 5 | overall dimension.
| ||||||
| 6 | (3) Combinations specially designed to transport motor | ||||||
| 7 | vehicles or
boats may not exceed 60 feet overall dimension.
| ||||||
| 8 | Vehicles operating during daylight hours when transporting | ||||||
| 9 | poles, pipes,
machinery, or other objects of a structural | ||||||
| 10 | nature that cannot readily be
dismembered are exempt from | ||||||
| 11 | length limitations, provided that no object may
exceed 80 feet | ||||||
| 12 | in length and the overall dimension of the vehicle including | ||||||
| 13 | the
load
may not exceed 100 feet. This exemption does not apply | ||||||
| 14 | to operation on a
Saturday, Sunday, or legal holiday. Legal | ||||||
| 15 | holidays referred to in this Section
are
the days on which the | ||||||
| 16 | following traditional holidays are celebrated: New
Year's
Day; | ||||||
| 17 | Memorial Day; Independence Day; Labor Day; Thanksgiving Day; | ||||||
| 18 | and
Christmas Day.
| ||||||
| 19 | Vehicles and loads operated by a public utility while en | ||||||
| 20 | route to make
emergency repairs to public service facilities or | ||||||
| 21 | properties are exempt from
length
limitations, provided that | ||||||
| 22 | during night operations every vehicle and its load
must
be | ||||||
| 23 | equipped with a sufficient number of clearance lamps on both | ||||||
| 24 | sides and
marker lamps on the extreme ends of any projecting | ||||||
| 25 | load to clearly mark the
dimensions of the load.
| ||||||
| 26 | A tow truck in combination with a disabled vehicle or | ||||||
| |||||||
| |||||||
| 1 | combination of
disabled vehicles, as provided in paragraph (6) | ||||||
| 2 | of subsection (c) of this
Section, is
exempt from length | ||||||
| 3 | limitations.
| ||||||
| 4 | All other combinations not listed in this subsection (b) | ||||||
| 5 | may not exceed 60
feet overall dimension.
| ||||||
| 6 | (c) Except as provided in subsections (c-1) and (c-2), | ||||||
| 7 | combinations of vehicles may not exceed a total of 2 vehicles | ||||||
| 8 | except
the
following:
| ||||||
| 9 | (1) A truck tractor semitrailer may draw one trailer.
| ||||||
| 10 | (2) A truck tractor semitrailer may draw one converter | ||||||
| 11 | dolly or one semitrailer.
| ||||||
| 12 | (3) A truck tractor semitrailer may draw one vehicle | ||||||
| 13 | that is defined
in Chapter 1 as special mobile equipment, | ||||||
| 14 | provided the overall dimension does
not
exceed 60 feet.
| ||||||
| 15 | (4) A truck in transit may draw 3 trucks in transit | ||||||
| 16 | coupled
together by the triple saddlemount method.
| ||||||
| 17 | (5) Recreational vehicles consisting of 3 vehicles, | ||||||
| 18 | provided
the following:
| ||||||
| 19 | (A) The total overall dimension does not exceed 60
| ||||||
| 20 | feet.
| ||||||
| 21 | (B) The towing vehicle is a properly registered
| ||||||
| 22 | vehicle capable of towing another vehicle using a | ||||||
| 23 | fifth-wheel type assembly.
| ||||||
| 24 | (C) The second vehicle in the combination of | ||||||
| 25 | vehicles is
a recreational vehicle that is towed by a
| ||||||
| 26 | fifth-wheel assembly. This vehicle must be
properly | ||||||
| |||||||
| |||||||
| 1 | registered and must be equipped with
brakes, | ||||||
| 2 | regardless of weight.
| ||||||
| 3 | (D) The third vehicle must be the
lightest of the 3 | ||||||
| 4 | vehicles and be a trailer or
semitrailer designed or | ||||||
| 5 | used for
transporting a boat, all-terrain vehicle,
| ||||||
| 6 | personal watercraft, or motorcycle.
| ||||||
| 7 | (E) The towed vehicles may be only for the use
of | ||||||
| 8 | the operator of the towing vehicle.
| ||||||
| 9 | (F) All vehicles must be properly equipped with
| ||||||
| 10 | operating brakes and safety equipment required by this | ||||||
| 11 | Code, except the
additional
brake requirement in | ||||||
| 12 | subdivision (C) of this subparagraph (5).
| ||||||
| 13 | (6) A tow truck in combination with a disabled vehicle | ||||||
| 14 | or combination
of
disabled vehicles, provided the towing | ||||||
| 15 | vehicle:
| ||||||
| 16 | (A) Is specifically designed as a tow truck having | ||||||
| 17 | a gross vehicle
weight rating of
at least 18,000 pounds | ||||||
| 18 | and equipped with air brakes, provided that air brakes
| ||||||
| 19 | are
required only if the towing vehicle is towing a | ||||||
| 20 | vehicle, semitrailer, or
tractor-trailer combination | ||||||
| 21 | that is equipped with air brakes. For the purpose
of | ||||||
| 22 | this
subsection, gross vehicle weight rating, or GVWR, | ||||||
| 23 | means the value
specified by the manufacturer as the | ||||||
| 24 | loaded weight of the tow truck.
| ||||||
| 25 | (B) Is equipped with flashing, rotating, or | ||||||
| 26 | oscillating amber lights,
visible for at
least 500 feet | ||||||
| |||||||
| |||||||
| 1 | in all directions.
| ||||||
| 2 | (C) Is capable of utilizing the lighting and | ||||||
| 3 | braking systems of the
disabled
vehicle or combination | ||||||
| 4 | of vehicles.
| ||||||
| 5 | (D) Does not engage a tow exceeding 50 highway | ||||||
| 6 | miles from the initial
point of
wreck or disablement to | ||||||
| 7 | a place of repair. Any additional movement of the
| ||||||
| 8 | vehicles may occur only upon issuance of authorization | ||||||
| 9 | for that movement under
the provisions of Sections | ||||||
| 10 | 15-301 through 15-319 of this Code.
| ||||||
| 11 | The Department may by rule or regulation prescribe | ||||||
| 12 | additional
requirements
regarding length limitations for a | ||||||
| 13 | tow truck towing another vehicle.
| ||||||
| 14 | For purposes of this Section, a tow-dolly that merely | ||||||
| 15 | serves as
substitute
wheels for another legally licensed | ||||||
| 16 | vehicle is considered part of the
licensed
vehicle and not | ||||||
| 17 | a separate vehicle.
| ||||||
| 18 | (7) Commercial vehicles consisting of 3 vehicles, | ||||||
| 19 | provided the following: | ||||||
| 20 | (A) The total overall dimension does not exceed 65 | ||||||
| 21 | feet. | ||||||
| 22 | (B) The towing vehicle is a properly registered | ||||||
| 23 | vehicle capable of towing another vehicle using a | ||||||
| 24 | fifth-wheel type assembly or a goose-neck hitch ball. | ||||||
| 25 | (C) The third vehicle must be the lightest of the 3 | ||||||
| 26 | vehicles and be a trailer or semitrailer. | ||||||
| |||||||
| |||||||
| 1 | (D) All vehicles must be properly equipped with | ||||||
| 2 | operating brakes and safety equipment required by this | ||||||
| 3 | Code.
| ||||||
| 4 | (E) The combination of vehicles must be operated by | ||||||
| 5 | a person who holds a commercial driver's license (CDL).
| ||||||
| 6 | (F) The combination of vehicles must be en route to | ||||||
| 7 | a location where new or used trailers are sold by an | ||||||
| 8 | Illinois or out-of-state licensed new or used trailer | ||||||
| 9 | dealer.
| ||||||
| 10 | (c-1) A combination of 3 vehicles is allowed access to any | ||||||
| 11 | State designated highway if: | ||||||
| 12 | (1) the length of neither towed vehicle exceeds 28.5 | ||||||
| 13 | feet; | ||||||
| 14 | (2) the overall wheel base of the combination of | ||||||
| 15 | vehicles does not exceed 62 feet; and
| ||||||
| 16 | (3) the combination of vehicles is en route to a | ||||||
| 17 | location where new or used trailers are sold by an Illinois | ||||||
| 18 | or out-of-state licensed new or used trailer dealer.
| ||||||
| 19 | (c-2) A combination of 3 vehicles is allowed access from | ||||||
| 20 | any State designated highway onto any county, township, or | ||||||
| 21 | municipal highway for a distance of 5 highway miles for the | ||||||
| 22 | purpose of delivery or collection of one or both of the towed | ||||||
| 23 | vehicles if: | ||||||
| 24 | (1) the length of neither towed vehicle exceeds 28.5 | ||||||
| 25 | feet; | ||||||
| 26 | (2) the combination of vehicles does not exceed 40,000 | ||||||
| |||||||
| |||||||
| 1 | pounds in gross weight and 8 feet 6 inches in width; | ||||||
| 2 | (3) there is no sign prohibiting that access; | ||||||
| 3 | (4) the route is not being used as a thoroughfare | ||||||
| 4 | between State designated highways; and
| ||||||
| 5 | (5) the combination of vehicles is en route to a | ||||||
| 6 | location where new or used trailers are sold by an Illinois | ||||||
| 7 | or out-of-state licensed new or used trailer dealer.
| ||||||
| 8 | (d) On Class I highways there are no overall length | ||||||
| 9 | limitations on motor
vehicles
operating in combinations | ||||||
| 10 | provided:
| ||||||
| 11 | (1) The length of a semitrailer, unladen or with load,
| ||||||
| 12 | in combination with a truck tractor may not exceed 53 feet.
| ||||||
| 13 | (2) The distance between the kingpin and the center of
| ||||||
| 14 | the rear axle of a semitrailer longer than 48 feet, in | ||||||
| 15 | combination
with a truck tractor, may not exceed 45 feet 6 | ||||||
| 16 | inches. The limit contained in this paragraph (2) shall not | ||||||
| 17 | apply to trailers or semi-trailers used for the transport | ||||||
| 18 | of livestock as defined by Section 18b-101.
| ||||||
| 19 | (3) The length of a semitrailer or trailer, unladen or
| ||||||
| 20 | with load, operated in a truck tractor-semitrailer-trailer
| ||||||
| 21 | or truck tractor semitrailer-semitrailer combination, may | ||||||
| 22 | not exceed 28 feet 6 inches.
| ||||||
| 23 | (4) Maxi-cube combinations, as defined in Chapter 1,
| ||||||
| 24 | may not exceed 65 feet overall dimension.
| ||||||
| 25 | (5) Combinations of vehicles specifically designed to
| ||||||
| 26 | transport motor vehicles or boats may not exceed 65 feet
| ||||||
| |||||||
| |||||||
| 1 | overall dimension. The length limitation is inclusive of
| ||||||
| 2 | front and rear bumpers but exclusive of the overhang of the
| ||||||
| 3 | transported vehicles, as provided in paragraph (i) of this
| ||||||
| 4 | Section.
| ||||||
| 5 | (6) Stinger-steered Stinger steered semitrailer | ||||||
| 6 | vehicles specifically designed to transport motor vehicles | ||||||
| 7 | or
boats and automobile transporters, as defined in Chapter | ||||||
| 8 | 1, may not exceed 80 feet overall dimension. The length
| ||||||
| 9 | limitation is inclusive of front and rear bumpers but
| ||||||
| 10 | exclusive of the overhang of the transported vehicles, as
| ||||||
| 11 | provided in paragraph (i) of this Section.
| ||||||
| 12 | (7) A truck in transit transporting 3 trucks coupled
| ||||||
| 13 | together by the triple saddlemount method may not
exceed 97 | ||||||
| 14 | feet overall dimension.
| ||||||
| 15 | (8) A towaway trailer transporter combination may not | ||||||
| 16 | exceed 82 feet overall dimension. | ||||||
| 17 | Vehicles operating during daylight hours when transporting | ||||||
| 18 | poles, pipes,
machinery, or other objects of a structural | ||||||
| 19 | nature that cannot readily be
dismembered are exempt from | ||||||
| 20 | length limitations, provided that no object may
exceed 80 feet | ||||||
| 21 | in length and the overall dimension of the vehicle including | ||||||
| 22 | the
load
may not exceed 100 feet. This exemption does not apply | ||||||
| 23 | to operation on a
Saturday, Sunday, or legal holiday. Legal | ||||||
| 24 | holidays referred to in this Section
are
the days on which the | ||||||
| 25 | following traditional holidays are celebrated: New
Year's
Day; | ||||||
| 26 | Memorial Day; Independence Day; Labor Day; Thanksgiving Day; | ||||||
| |||||||
| |||||||
| 1 | and
Christmas Day.
| ||||||
| 2 | Vehicles and loads operated by a public utility while en | ||||||
| 3 | route to make
emergency repairs to public service facilities or | ||||||
| 4 | properties are exempt from
length
limitations, provided that | ||||||
| 5 | during night operations every vehicle and its load
must
be | ||||||
| 6 | equipped with a sufficient number of clearance lamps on both | ||||||
| 7 | sides and
marker lamps on the extreme ends of any projecting | ||||||
| 8 | load to clearly mark the
dimensions of the load.
| ||||||
| 9 | A tow truck in combination with a disabled vehicle or | ||||||
| 10 | combination of
disabled vehicles, as provided in paragraph (6) | ||||||
| 11 | of subsection (c) of this
Section, is
exempt from length | ||||||
| 12 | limitations.
| ||||||
| 13 | The length limitations described in this paragraph (d) | ||||||
| 14 | shall be exclusive
of safety and energy conservation devices,
| ||||||
| 15 | such as bumpers, refrigeration
units or air compressors and | ||||||
| 16 | other devices, that the Department may interpret
as necessary | ||||||
| 17 | for safe and efficient
operation; except that no device | ||||||
| 18 | excluded under this paragraph shall have by
its design or use | ||||||
| 19 | the capability to carry cargo.
| ||||||
| 20 | Section 5-35 of the Illinois Administrative Procedure Act | ||||||
| 21 | relating to
procedures for rulemaking shall not apply to the | ||||||
| 22 | designation of highways under
this paragraph (d).
| ||||||
| 23 | (e) On Class II highways there are no overall length | ||||||
| 24 | limitations on motor
vehicles
operating in combinations, | ||||||
| 25 | provided:
| ||||||
| 26 | (1) The length of a semitrailer, unladen or with load,
| ||||||
| |||||||
| |||||||
| 1 | in combination with a truck tractor, may not exceed 53 feet
| ||||||
| 2 | overall dimension.
| ||||||
| 3 | (2) The distance between the kingpin and the center of
| ||||||
| 4 | the rear axle of a semitrailer longer than 48 feet, in | ||||||
| 5 | combination
with a truck tractor, may not exceed 45 feet 6 | ||||||
| 6 | inches. The limit contained in this paragraph (2) shall not | ||||||
| 7 | apply to trailers or semi-trailers used for the transport | ||||||
| 8 | of livestock as defined by Section 18b-101.
| ||||||
| 9 | (3) A truck tractor-semitrailer-trailer or truck | ||||||
| 10 | tractor semitrailer-semitrailer combination may
not exceed | ||||||
| 11 | 65 feet in dimension from front axle to rear
axle.
| ||||||
| 12 | (4) The length of a semitrailer or trailer, unladen or
| ||||||
| 13 | with load, operated in a truck tractor-semitrailer-trailer | ||||||
| 14 | or truck tractor semitrailer-semitrailer
combination, may | ||||||
| 15 | not exceed 28 feet 6 inches.
| ||||||
| 16 | (5) Maxi-cube combinations, as defined in Chapter 1,
| ||||||
| 17 | may not exceed 65 feet overall dimension.
| ||||||
| 18 | (6) A combination of vehicles, specifically designed | ||||||
| 19 | to
transport motor vehicles or boats, may not exceed 65 | ||||||
| 20 | feet
overall dimension. The length limitation is inclusive | ||||||
| 21 | of
front and rear bumpers but exclusive of the overhang of | ||||||
| 22 | the
transported vehicles, as provided in paragraph (i) of | ||||||
| 23 | this
Section.
| ||||||
| 24 | (7) Stinger-steered Stinger steered semitrailer | ||||||
| 25 | vehicles specifically designed to transport motor vehicles | ||||||
| 26 | or
boats, may not exceed 80 feet overall dimension. The | ||||||
| |||||||
| |||||||
| 1 | length
limitation is inclusive of front and rear bumpers | ||||||
| 2 | but
exclusive of the overhang of the transported vehicles, | ||||||
| 3 | as
provided in paragraph (i) of this Section.
| ||||||
| 4 | (8) A truck in transit transporting 3 trucks coupled | ||||||
| 5 | together by the
triple
saddlemount method may not exceed 97 | ||||||
| 6 | feet overall dimension.
| ||||||
| 7 | (9) A towaway trailer transporter combination may not | ||||||
| 8 | exceed 82 feet overall dimension. | ||||||
| 9 | Vehicles operating during daylight hours when transporting | ||||||
| 10 | poles, pipes,
machinery, or other objects of a structural | ||||||
| 11 | nature that cannot readily be
dismembered are exempt from | ||||||
| 12 | length limitations, provided that no object may
exceed 80 feet | ||||||
| 13 | in length and the overall dimension of the vehicle including | ||||||
| 14 | the
load
may not exceed 100 feet. This exemption does not apply | ||||||
| 15 | to operation on a
Saturday, Sunday, or legal holiday. Legal | ||||||
| 16 | holidays referred to in this Section
are
the days on which the | ||||||
| 17 | following traditional holidays are celebrated: New Year's
Day; | ||||||
| 18 | Memorial Day; Independence Day; Labor Day; Thanksgiving Day; | ||||||
| 19 | and
Christmas Day.
| ||||||
| 20 | Vehicles and loads operated by a public utility while en | ||||||
| 21 | route to make
emergency repairs to public service facilities or | ||||||
| 22 | properties are exempt from
length
limitations, provided that | ||||||
| 23 | during night operations every vehicle and its load
must
be | ||||||
| 24 | equipped with a sufficient number of clearance lamps on both | ||||||
| 25 | sides and
marker lamps on the extreme ends of any projecting | ||||||
| 26 | load to clearly mark the
dimensions of the load.
| ||||||
| |||||||
| |||||||
| 1 | A tow truck in combination with a disabled vehicle or | ||||||
| 2 | combination of
disabled vehicles, as provided in paragraph (6) | ||||||
| 3 | of subsection (c) of this
Section, is
exempt from length | ||||||
| 4 | limitations.
| ||||||
| 5 | Local authorities, with respect to
streets and highways | ||||||
| 6 | under their jurisdiction, may also by ordinance or
resolution | ||||||
| 7 | allow length limitations of this subsection (e).
| ||||||
| 8 | The length limitations described in this paragraph (e) | ||||||
| 9 | shall be exclusive
of safety and energy conservation devices, | ||||||
| 10 | such as bumpers, refrigeration units
or air compressors and | ||||||
| 11 | other devices, that the Department may interpret as
necessary | ||||||
| 12 | for safe and efficient operation; except that no device | ||||||
| 13 | excluded
under this paragraph shall have by its design or use | ||||||
| 14 | the capability to carry
cargo.
| ||||||
| 15 | Section 5-35 of the Illinois Administrative Procedure Act | ||||||
| 16 | relating to
procedures for rulemaking shall not apply to the | ||||||
| 17 | designation of highways under
this paragraph (e).
| ||||||
| 18 | (e-1) Combinations of vehicles
not exceeding 65 feet | ||||||
| 19 | overall length are
allowed access
as follows: | ||||||
| 20 | (1) From any State designated highway onto any county, | ||||||
| 21 | township, or
municipal highway for a distance of 5 highway | ||||||
| 22 | miles for the purpose of
loading and unloading, provided: | ||||||
| 23 | (A) The vehicle does not exceed 80,000 pounds in | ||||||
| 24 | gross weight
and 8 feet 6 inches in width. | ||||||
| 25 | (B) There is no sign prohibiting that access. | ||||||
| 26 | (C) The route is not being used as a thoroughfare | ||||||
| |||||||
| |||||||
| 1 | between State
designated highways. | ||||||
| 2 | (2) From any State designated highway onto any county | ||||||
| 3 | or township
highway for a distance of 5 highway miles or | ||||||
| 4 | onto any municipal highway for
a distance of one highway | ||||||
| 5 | mile for the purpose of food, fuel, repairs, and rest,
| ||||||
| 6 | provided: | ||||||
| 7 | (A) The vehicle does not exceed 80,000 pounds in | ||||||
| 8 | gross weight
and 8 feet 6 inches in width. | ||||||
| 9 | (B) There is no sign prohibiting that access. | ||||||
| 10 | (C) The route is not being used as a thoroughfare | ||||||
| 11 | between State
designated highways. | ||||||
| 12 | (e-2) Except as provided in subsection (e-3), combinations | ||||||
| 13 | of vehicles over
65
feet in length, with no overall length
| ||||||
| 14 | limitation except as provided in subsections (d) and (e) of | ||||||
| 15 | this Section, are
allowed access as follows: | ||||||
| 16 | (1) From a Class I highway onto any street or highway | ||||||
| 17 | for a distance of
one highway mile for the purpose of | ||||||
| 18 | loading, unloading, food, fuel, repairs,
and rest, | ||||||
| 19 | provided there is no sign prohibiting that access. | ||||||
| 20 | (2) From a Class I or Class II highway onto any State | ||||||
| 21 | highway or any
locally designated highway for a distance of | ||||||
| 22 | 5 highway miles for the purpose
of loading, unloading, | ||||||
| 23 | food, fuel, repairs, and rest. | ||||||
| 24 | (e-3) Combinations of vehicles over 65 feet in length | ||||||
| 25 | operated by household
goods carriers or towaway trailer | ||||||
| 26 | transporter combinations, with no overall length limitations | ||||||
| |||||||
| |||||||
| 1 | except as provided in
subsections (d) and (e) of this Section, | ||||||
| 2 | have unlimited access to points of
loading,
unloading, or | ||||||
| 3 | delivery to or from a manufacturer, distributor, or dealer. | ||||||
| 4 | (f) On Class III and other non-designated State highways, | ||||||
| 5 | the length
limitations
for vehicles in combination are as | ||||||
| 6 | follows:
| ||||||
| 7 | (1) Truck tractor-semitrailer combinations, must
| ||||||
| 8 | comply with either a maximum 55 feet overall wheel base or
| ||||||
| 9 | a maximum 65 feet extreme overall dimension.
| ||||||
| 10 | (2) Semitrailers, unladen or with load, may not exceed
| ||||||
| 11 | 53 feet overall dimension.
| ||||||
| 12 | (3) No truck tractor-semitrailer-trailer or truck | ||||||
| 13 | tractor semitrailer-semitrailer combination may
exceed 60 | ||||||
| 14 | feet extreme overall dimension.
| ||||||
| 15 | (4) The distance between the kingpin and the center | ||||||
| 16 | axle of a
semitrailer longer than 48 feet, in combination | ||||||
| 17 | with a truck tractor, may
not exceed 42 feet 6 inches. The | ||||||
| 18 | limit contained in this paragraph (4) shall not apply to | ||||||
| 19 | trailers or semi-trailers used for the transport of | ||||||
| 20 | livestock as defined by Section 18b-101.
| ||||||
| 21 | (g) Length limitations in the preceding subsections of this | ||||||
| 22 | Section 15-107
do not apply to the following:
| ||||||
| 23 | (1) Vehicles operated in the daytime, except on | ||||||
| 24 | Saturdays, Sundays, or
legal holidays, when transporting | ||||||
| 25 | poles, pipe, machinery, or other objects of a
structural | ||||||
| 26 | nature that cannot readily be dismembered, provided the | ||||||
| |||||||
| |||||||
| 1 | overall
length of vehicle and load may not exceed 100 feet | ||||||
| 2 | and no object exceeding 80
feet in length may be | ||||||
| 3 | transported unless a permit has been obtained as
authorized | ||||||
| 4 | in Section 15-301.
| ||||||
| 5 | (2) Vehicles and loads operated by a public utility | ||||||
| 6 | while en route to make
emergency repairs to public service | ||||||
| 7 | facilities or properties, but during
night operation every | ||||||
| 8 | vehicle and its load must be equipped with
a
sufficient | ||||||
| 9 | number of clearance lamps on both sides and marker lamps | ||||||
| 10 | upon the
extreme ends of any projecting load to clearly | ||||||
| 11 | mark the dimensions of the load.
| ||||||
| 12 | (3) A tow truck in combination with a disabled vehicle | ||||||
| 13 | or combination of
disabled vehicles, provided the towing | ||||||
| 14 | vehicle meets the following conditions:
| ||||||
| 15 | (A) It is specifically designed as a tow truck | ||||||
| 16 | having a gross vehicle
weight
rating of at least 18,000 | ||||||
| 17 | pounds and equipped with air brakes, provided that
air
| ||||||
| 18 | brakes are required only if the towing vehicle is | ||||||
| 19 | towing a vehicle,
semitrailer, or tractor-trailer | ||||||
| 20 | combination that is equipped with air brakes.
| ||||||
| 21 | (B) It is equipped with flashing, rotating, or | ||||||
| 22 | oscillating amber lights,
visible for at least 500 feet | ||||||
| 23 | in all directions.
| ||||||
| 24 | (C) It is capable of utilizing the lighting and | ||||||
| 25 | braking systems of the
disabled vehicle or combination | ||||||
| 26 | of vehicles.
| ||||||
| |||||||
| |||||||
| 1 | (D) It does not engage in a tow exceeding 50 miles | ||||||
| 2 | from the initial
point
of wreck or disablement.
| ||||||
| 3 | The Department may by rule or regulation prescribe | ||||||
| 4 | additional requirements
regarding length limitations for a tow | ||||||
| 5 | truck towing another vehicle.
The towing vehicle, however, may | ||||||
| 6 | tow any disabled vehicle from the initial
point of wreck or | ||||||
| 7 | disablement to a point where repairs are actually to occur.
| ||||||
| 8 | This movement shall be valid only on State routes.
The tower | ||||||
| 9 | must abide by posted bridge weight limits.
| ||||||
| 10 | For the purpose of this subsection, gross vehicle weight | ||||||
| 11 | rating, or GVWR,
shall mean the value specified by the | ||||||
| 12 | manufacturer as the loaded weight of
the tow truck. Legal | ||||||
| 13 | holidays referred to in this Section shall be
specified as the | ||||||
| 14 | day on which the following traditional holidays are
celebrated:
| ||||||
| 15 | New Year's Day;
| ||||||
| 16 | Memorial Day;
| ||||||
| 17 | Independence Day;
| ||||||
| 18 | Labor Day;
| ||||||
| 19 | Thanksgiving Day; and
| ||||||
| 20 | Christmas Day.
| ||||||
| 21 | (h) The load upon any vehicle operated alone, or the load | ||||||
| 22 | upon the
front vehicle of a combination of vehicles, shall not | ||||||
| 23 | extend more than 3
feet beyond the front wheels of the vehicle | ||||||
| 24 | or the front bumper of the
vehicle if it is equipped with a | ||||||
| 25 | front bumper.
The provisions of this subsection (h) shall not | ||||||
| 26 | apply to any vehicle or
combination of vehicles specifically | ||||||
| |||||||
| |||||||
| 1 | designed for the collection and
transportation of waste, | ||||||
| 2 | garbage, or recyclable materials during the vehicle's
| ||||||
| 3 | operation in the course of collecting
garbage, waste, or
| ||||||
| 4 | recyclable materials if the vehicle is traveling at a speed not | ||||||
| 5 | in
excess of
15 miles per hour during the vehicle's operation | ||||||
| 6 | and in the course of
collecting garbage, waste, or recyclable | ||||||
| 7 | materials. However, in no instance
shall the load extend more | ||||||
| 8 | than 7 feet beyond the front wheels of the vehicle
or the front | ||||||
| 9 | bumper of the vehicle if it is equipped with a front bumper.
| ||||||
| 10 | (i) The load upon the front vehicle of an automobile | ||||||
| 11 | transporter or a stinger-steered vehicle
specifically designed | ||||||
| 12 | to transport motor vehicles shall not extend more
than 4 feet | ||||||
| 13 | beyond the foremost part of the transporting vehicle and the
| ||||||
| 14 | load upon the rear transporting vehicle shall not extend more | ||||||
| 15 | than 6 feet
beyond the rear of the bed or body of the vehicle. | ||||||
| 16 | This paragraph shall
only be applicable upon highways | ||||||
| 17 | designated in paragraphs (d) and (e) of
this Section.
| ||||||
| 18 | (j) Articulated vehicles comprised of 2 sections, neither | ||||||
| 19 | of which
exceeds a length of 42 feet, designed for the carrying | ||||||
| 20 | of more than 10
persons, may be up to 60 feet in length, not | ||||||
| 21 | including energy absorbing
bumpers, provided that the vehicles | ||||||
| 22 | are:
| ||||||
| 23 | 1. operated by or for any public body or motor carrier | ||||||
| 24 | authorized by law
to provide public transportation | ||||||
| 25 | services; or
| ||||||
| 26 | 2. operated in local public transportation service by | ||||||
| |||||||
| |||||||
| 1 | any other person
and the municipality in which the service | ||||||
| 2 | is to be provided approved the
operation of the vehicle.
| ||||||
| 3 | (j-1) (Blank).
| ||||||
| 4 | (k) Any person who is convicted of violating this Section | ||||||
| 5 | is subject
to the penalty as provided in paragraph (b) of | ||||||
| 6 | Section 15-113.
| ||||||
| 7 | (l) (Blank).
| ||||||
| 8 | (Source: P.A. 99-717, eff. 8-5-16; revised 10-28-16.)
| ||||||
| 9 | (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
| ||||||
| 10 | Sec. 18c-7402. Safety Requirements for Railroad | ||||||
| 11 | Operations.
| ||||||
| 12 | (1) Obstruction of crossings.
| ||||||
| 13 | (a) Obstruction of Emergency Vehicles.
Every railroad | ||||||
| 14 | shall be operated in such a manner as to
minimize | ||||||
| 15 | obstruction of emergency vehicles at crossings.
Where such | ||||||
| 16 | obstruction occurs and the train crew is
aware of the | ||||||
| 17 | obstruction, the train crew shall
immediately take any | ||||||
| 18 | action, consistent with safe
operating procedure, | ||||||
| 19 | necessary to remove the
obstruction. In the Chicago and St. | ||||||
| 20 | Louis switching
districts, every railroad dispatcher or | ||||||
| 21 | other person
responsible for the movement of railroad | ||||||
| 22 | equipment in a
specific area who receives notification that | ||||||
| 23 | railroad
equipment is obstructing the movement of an | ||||||
| 24 | emergency
vehicle at any crossing within such area shall
| ||||||
| 25 | immediately notify the train crew through use of
existing | ||||||
| |||||||
| |||||||
| 1 | communication facilities. Upon notification,
the train | ||||||
| 2 | crew shall take immediate action in accordance
with this | ||||||
| 3 | paragraph.
| ||||||
| 4 | (b) Obstruction of Highway at Grade Crossing | ||||||
| 5 | Prohibited.
It is unlawful for a rail carrier to permit any | ||||||
| 6 | train,
railroad car or engine to obstruct public travel at | ||||||
| 7 | a
railroad-highway grade crossing for a period in excess
of | ||||||
| 8 | 10 minutes, except where such train or railroad car
is | ||||||
| 9 | continuously moving or cannot be moved by reason of
| ||||||
| 10 | circumstances over which the rail carrier has no
reasonable | ||||||
| 11 | control.
| ||||||
| 12 | In a county with a population of greater than 1,000,000, as | ||||||
| 13 | determined by
the most recent federal census, during the
hours | ||||||
| 14 | of 7:00 a.m. through 9:00 a.m. and 4:00 p.m. through 6:00 p.m. | ||||||
| 15 | it is
unlawful for a rail carrier to permit any single train or | ||||||
| 16 | railroad car to
obstruct
public travel at a railroad-highway | ||||||
| 17 | grade crossing in excess of a total of 10
minutes during a 30 | ||||||
| 18 | minute period, except where the train or railroad
car
cannot be | ||||||
| 19 | moved by reason or circumstances over which the rail carrier | ||||||
| 20 | has no
reasonable control. Under no circumstances will a moving | ||||||
| 21 | train be stopped for
the purposes of
issuing a citation related | ||||||
| 22 | to this Section.
| ||||||
| 23 | However, no employee acting under the rules or orders of | ||||||
| 24 | the rail carrier or
its supervisory personnel may be prosecuted | ||||||
| 25 | for a violation of this
subsection (b).
| ||||||
| 26 | (c) Punishment for Obstruction of Grade Crossing.
Any | ||||||
| |||||||
| |||||||
| 1 | rail carrier violating paragraph (b) of this
subsection | ||||||
| 2 | shall be guilty of a petty offense and fined
not less than | ||||||
| 3 | $200 nor more than $500 if the duration of
the obstruction | ||||||
| 4 | is in excess of 10 minutes but no longer
than 15 minutes. | ||||||
| 5 | If the duration of the obstruction
exceeds 15 minutes the | ||||||
| 6 | violation shall be a business
offense and the following | ||||||
| 7 | fines shall be imposed: if
the duration of the obstruction | ||||||
| 8 | is in excess of 15
minutes but no longer than 20 minutes, | ||||||
| 9 | the fine shall be
$500; if the duration of the obstruction | ||||||
| 10 | is in excess of
20 minutes but no longer than 25 minutes, | ||||||
| 11 | the fine shall
be $700; if the duration of the obstruction | ||||||
| 12 | is in excess
of 25 minutes, but no longer than 30 minutes, | ||||||
| 13 | the fine
shall be $900; if the duration of the obstruction | ||||||
| 14 | is in
excess of 30 minutes but no longer than 35 minutes, | ||||||
| 15 | the
fine shall be $1,000; if the duration of the | ||||||
| 16 | obstruction
is in excess of 35 minutes, the fine shall be | ||||||
| 17 | $1,000
plus an additional $500 for each 5 minutes of
| ||||||
| 18 | obstruction in excess of 25 minutes of obstruction.
| ||||||
| 19 | (2) Other Operational Requirements.
| ||||||
| 20 | (a) Bell and Whistle-Crossings.
Every rail carrier | ||||||
| 21 | shall cause a bell, and a whistle or
horn to be placed and | ||||||
| 22 | kept on each locomotive, and shall
cause the same to be | ||||||
| 23 | rung or sounded by the engineer or
fireman, at the distance | ||||||
| 24 | of at a least 1,320 feet, from the
place where the railroad | ||||||
| 25 | crosses or intersects any
public highway, and shall be kept | ||||||
| 26 | ringing or sounding
until the highway is reached; provided | ||||||
| |||||||
| |||||||
| 1 | that at crossings
where the Commission shall by order | ||||||
| 2 | direct, only after a hearing has been
held to determine the | ||||||
| 3 | public is reasonably and sufficiently protected, the rail
| ||||||
| 4 | carrier may be excused from giving warning provided by
this | ||||||
| 5 | paragraph.
| ||||||
| 6 | (a-5) The requirements of paragraph (a) of this
| ||||||
| 7 | subsection (2) regarding ringing a bell and sounding a
| ||||||
| 8 | whistle or horn do not apply at a railroad crossing that
| ||||||
| 9 | has a permanently installed automated audible warning
| ||||||
| 10 | device authorized by the Commission under Section
| ||||||
| 11 | 18c-7402.1 that sounds automatically when an approaching
| ||||||
| 12 | train is at least 1,320 feet from the crossing and that
| ||||||
| 13 | keeps sounding until the lead locomotive has crossed the
| ||||||
| 14 | highway. The engineer or fireman may ring the bell or
sound | ||||||
| 15 | the whistle or horn at a railroad crossing that has a
| ||||||
| 16 | permanently installed audible warning device.
| ||||||
| 17 | (b) Speed Limits.
Each rail carrier shall operate its | ||||||
| 18 | trains in compliance
with speed limits set by the | ||||||
| 19 | Commission. The Commission
may set train speed limits only | ||||||
| 20 | where such limits are
necessitated by extraordinary | ||||||
| 21 | circumstances affecting effecting
the public safety, and | ||||||
| 22 | shall maintain such train speed
limits in effect only for | ||||||
| 23 | such time as the extraordinary
circumstances prevail.
| ||||||
| 24 | The Commission and the Department of Transportation | ||||||
| 25 | shall conduct a study
of the relation between train speeds | ||||||
| 26 | and railroad-highway grade crossing
safety. The Commission | ||||||
| |||||||
| |||||||
| 1 | shall report the findings of the study to the General
| ||||||
| 2 | Assembly no later than January 5, 1997.
| ||||||
| 3 | (c) Special Speed Limit; Pilot Project. The Commission | ||||||
| 4 | and the
Board of the Commuter Rail Division of the Regional | ||||||
| 5 | Transportation Authority
shall conduct a pilot project in | ||||||
| 6 | the Village of
Fox River Grove, the site of the
fatal | ||||||
| 7 | school bus accident at a railroad crossing
on October 25, | ||||||
| 8 | 1995, in order to improve railroad crossing safety. For | ||||||
| 9 | this
project, the Commission is directed to set the maximum | ||||||
| 10 | train speed limit for
Regional Transportation Authority | ||||||
| 11 | trains at 50 miles per hour at intersections
on
that | ||||||
| 12 | portion of
the intrastate rail line located in the Village | ||||||
| 13 | of Fox River Grove.
If the Regional Transportation | ||||||
| 14 | Authority deliberately fails to comply with this
maximum | ||||||
| 15 | speed
limit, then any entity, governmental or otherwise, | ||||||
| 16 | that provides capital or
operational funds to the Regional | ||||||
| 17 | Transportation
Authority shall appropriately reduce or | ||||||
| 18 | eliminate that funding.
The Commission shall report
to the | ||||||
| 19 | Governor and the General Assembly on the results of this | ||||||
| 20 | pilot
project in January
1999, January 2000, and January | ||||||
| 21 | 2001. The Commission shall also submit a final
report on | ||||||
| 22 | the pilot project to the Governor and the General Assembly | ||||||
| 23 | in January
2001. The provisions of this
subsection (c), | ||||||
| 24 | other than this sentence, are inoperative after February 1,
| ||||||
| 25 | 2001.
| ||||||
| 26 | (3) Report and Investigation of Rail Accidents.
| ||||||
| |||||||
| |||||||
| 1 | (a) Reports.
Every rail carrier shall report to the | ||||||
| 2 | Commission, by
the speediest means possible, whether | ||||||
| 3 | telephone,
telegraph, or otherwise, every accident | ||||||
| 4 | involving its
equipment, track, or other property which | ||||||
| 5 | resulted in
loss of life to any person. In addition, such | ||||||
| 6 | carriers
shall file a written report with the Commission.
| ||||||
| 7 | Reports submitted under this paragraph shall be strictly
| ||||||
| 8 | confidential, shall be specifically prohibited from
| ||||||
| 9 | disclosure, and shall not be admissible in any
| ||||||
| 10 | administrative or judicial proceeding relating to the
| ||||||
| 11 | accidents reported.
| ||||||
| 12 | (b) Investigations.
The Commission may investigate all | ||||||
| 13 | railroad accidents
reported to it or of which it acquires | ||||||
| 14 | knowledge
independent of reports made by rail carriers, and | ||||||
| 15 | shall
have the power, consistent with standards and
| ||||||
| 16 | procedures established under the Federal Railroad Safety | ||||||
| 17 | Act, as amended, to
enter such
temporary orders as will | ||||||
| 18 | minimize the risk of future accidents pending notice,
| ||||||
| 19 | hearing, and final action by the Commission.
| ||||||
| 20 | (Source: P.A. 91-675, eff. 6-1-00; 92-284, eff. 8-9-01; revised | ||||||
| 21 | 9-16-16.)
| ||||||
| 22 | Section 655. The Snowmobile Registration and Safety Act is | ||||||
| 23 | amended by changing Sections 1-2, 2-1, 5-7, and 5-7.4 as | ||||||
| 24 | follows:
| ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 40/1-2) (from Ch. 95 1/2, par. 601-2)
| ||||||
| 2 | Sec. 1-2. Definitions. As used in this Act, the terms | ||||||
| 3 | specified in the Sections following this Section and preceding | ||||||
| 4 | Section 1-3 Sections 1-2.01 through
1-2.20 have the meanings | ||||||
| 5 | ascribed to them in those Sections unless the
context clearly | ||||||
| 6 | requires a different meaning.
| ||||||
| 7 | (Source: P.A. 78-856; revised 9-16-16.)
| ||||||
| 8 | (625 ILCS 40/2-1) (from Ch. 95 1/2, par. 602-1)
| ||||||
| 9 | Sec. 2-1. Enforcement.)
It is the duty of all Conservation | ||||||
| 10 | Police Officers and
all sheriffs, deputy sheriffs, and other | ||||||
| 11 | police officers to arrest any
person detected in violation of | ||||||
| 12 | any of the provisions of this Act. It is
further the duty of | ||||||
| 13 | all such officers to make prompt investigation of any
violation | ||||||
| 14 | of the provisions of this Act reported by any other person, and
| ||||||
| 15 | to cause a complaint to be filed before the circuit court if | ||||||
| 16 | there seems
just ground for such complaint and evidence | ||||||
| 17 | procurable to support the same.
| ||||||
| 18 | (Source: P.A. 79-885; revised 9-16-16.)
| ||||||
| 19 | (625 ILCS 40/5-7)
| ||||||
| 20 | Sec. 5-7. Operating a snowmobile while under the influence | ||||||
| 21 | of alcohol or
other drug or drugs, intoxicating compound or | ||||||
| 22 | compounds, or a combination of
them; criminal penalties; | ||||||
| 23 | suspension of operating privileges. | ||||||
| 24 | (a) A person may not operate or be in actual physical | ||||||
| |||||||
| |||||||
| 1 | control of a
snowmobile within this State
while:
| ||||||
| 2 | 1. The alcohol concentration in that person's blood, | ||||||
| 3 | other bodily substance, or breath is a
concentration at | ||||||
| 4 | which driving a motor vehicle is prohibited under
| ||||||
| 5 | subdivision (1) of subsection (a) of
Section 11-501 of the | ||||||
| 6 | Illinois Vehicle Code;
| ||||||
| 7 | 2. The person is under the influence of alcohol;
| ||||||
| 8 | 3. The person is under the influence of any other drug | ||||||
| 9 | or combination of
drugs to a degree that renders that | ||||||
| 10 | person incapable of safely operating a
snowmobile;
| ||||||
| 11 | 3.1. The person is under the influence of any | ||||||
| 12 | intoxicating compound or
combination of intoxicating | ||||||
| 13 | compounds to a degree that renders the person
incapable of | ||||||
| 14 | safely operating a snowmobile;
| ||||||
| 15 | 4. The person is under the combined influence of | ||||||
| 16 | alcohol and any other
drug or drugs or intoxicating | ||||||
| 17 | compound or compounds to a degree that
renders that person | ||||||
| 18 | incapable of safely
operating a snowmobile;
| ||||||
| 19 | 4.3. (4.3) The person who is not a CDL holder has a | ||||||
| 20 | tetrahydrocannabinol concentration in the person's whole | ||||||
| 21 | blood or other bodily substance at which driving a motor | ||||||
| 22 | vehicle is prohibited under
subdivision (7) of subsection | ||||||
| 23 | (a) of
Section 11-501 of the Illinois Vehicle Code; | ||||||
| 24 | 4.5. (4.5) The person who is a CDL holder has any | ||||||
| 25 | amount of a drug, substance, or
compound in the person's | ||||||
| 26 | breath, blood, other bodily substance, or urine resulting | ||||||
| |||||||
| |||||||
| 1 | from the unlawful use or consumption of cannabis listed in | ||||||
| 2 | the Cannabis Control Act; or | ||||||
| 3 | 5. There is any amount of a drug, substance, or | ||||||
| 4 | compound in that person's
breath, blood, other bodily | ||||||
| 5 | substance, or urine resulting from the unlawful use or | ||||||
| 6 | consumption
of a controlled substance listed in the
| ||||||
| 7 | Illinois Controlled Substances Act, methamphetamine as | ||||||
| 8 | listed in the Methamphetamine Control and Community | ||||||
| 9 | Protection Act, or intoxicating compound listed in the
use
| ||||||
| 10 | of Intoxicating Compounds Act.
| ||||||
| 11 | (b) The fact that a person charged with violating this | ||||||
| 12 | Section is or has
been legally entitled to use alcohol, other | ||||||
| 13 | drug or drugs, any
intoxicating
compound or compounds, or any | ||||||
| 14 | combination of them does not constitute a
defense against a | ||||||
| 15 | charge of violating this Section.
| ||||||
| 16 | (c) Every person convicted of violating this Section or a | ||||||
| 17 | similar
provision of a local ordinance is guilty of a
Class A | ||||||
| 18 | misdemeanor, except as otherwise provided in this Section.
| ||||||
| 19 | (c-1) As used in this Section, "first time offender" means | ||||||
| 20 | any person who has not had a previous conviction or been | ||||||
| 21 | assigned supervision for violating this Section or a similar | ||||||
| 22 | provision of a local ordinance, or any person who has not had a | ||||||
| 23 | suspension imposed under subsection (e) of Section 5-7.1. | ||||||
| 24 | (c-2) For purposes of this Section, the following are | ||||||
| 25 | equivalent to a conviction: | ||||||
| 26 | (1) a forfeiture of bail or collateral deposited to | ||||||
| |||||||
| |||||||
| 1 | secure a defendant's appearance in court when forfeiture | ||||||
| 2 | has not been vacated; or | ||||||
| 3 | (2) the failure of a defendant to appear for trial.
| ||||||
| 4 | (d) Every person convicted of violating this Section is | ||||||
| 5 | guilty of a
Class 4 felony if:
| ||||||
| 6 | 1. The person has a previous conviction under this | ||||||
| 7 | Section;
| ||||||
| 8 | 2. The offense results in personal injury where a | ||||||
| 9 | person other than the
operator suffers great bodily harm or | ||||||
| 10 | permanent disability or disfigurement,
when the violation | ||||||
| 11 | was a proximate cause of the injuries.
A person guilty of a | ||||||
| 12 | Class 4 felony under this paragraph 2, if sentenced to a
| ||||||
| 13 | term of imprisonment, shall be sentenced to not less than | ||||||
| 14 | one year nor more
than
12 years; or
| ||||||
| 15 | 3. The offense occurred during a period in which the | ||||||
| 16 | person's privileges
to
operate a snowmobile are revoked or | ||||||
| 17 | suspended, and the revocation or
suspension was for a | ||||||
| 18 | violation of this Section or was imposed under Section
| ||||||
| 19 | 5-7.1.
| ||||||
| 20 | (e) Every person convicted of violating this Section is | ||||||
| 21 | guilty
of a
Class 2 felony if the offense results in the death | ||||||
| 22 | of a person.
A person guilty of a Class 2 felony under this | ||||||
| 23 | subsection (e), if sentenced
to
a term of imprisonment, shall | ||||||
| 24 | be sentenced to a term of not less than 3 years
and not more | ||||||
| 25 | than 14 years.
| ||||||
| 26 | (e-1) Every person convicted of violating this Section or a | ||||||
| |||||||
| |||||||
| 1 | similar
provision of a local ordinance who had a child under | ||||||
| 2 | the age of 16 on board the
snowmobile at the time of offense | ||||||
| 3 | shall be subject to a mandatory minimum fine
of $500 and shall | ||||||
| 4 | be subject to a mandatory minimum of 5 days of community
| ||||||
| 5 | service in a program benefiting children. The assignment under | ||||||
| 6 | this subsection
shall not be subject to suspension nor shall | ||||||
| 7 | the person be eligible for
probation in order to reduce the | ||||||
| 8 | assignment.
| ||||||
| 9 | (e-2) Every person found guilty of violating this Section, | ||||||
| 10 | whose operation
of
a snowmobile while in violation of this | ||||||
| 11 | Section proximately caused any incident
resulting in an | ||||||
| 12 | appropriate emergency response, shall be liable for the expense
| ||||||
| 13 | of an emergency response as provided in subsection (i) of | ||||||
| 14 | Section 11-501.01 of the Illinois Vehicle Code.
| ||||||
| 15 | (e-3) In addition to any other penalties and liabilities, a | ||||||
| 16 | person who is
found guilty of violating this Section, including | ||||||
| 17 | any person placed on court
supervision, shall be fined $100, | ||||||
| 18 | payable to the circuit clerk, who shall
distribute the money to | ||||||
| 19 | the law enforcement agency that made the arrest. In the
event | ||||||
| 20 | that more than one agency is responsible for the arrest, the | ||||||
| 21 | $100
shall be shared equally. Any moneys received by a law | ||||||
| 22 | enforcement agency under
this subsection (e-3) shall be used to | ||||||
| 23 | purchase law enforcement equipment or to
provide law | ||||||
| 24 | enforcement training that will assist in the prevention of | ||||||
| 25 | alcohol
related criminal violence throughout the State. Law | ||||||
| 26 | enforcement equipment shall
include, but is not limited to, | ||||||
| |||||||
| |||||||
| 1 | in-car video cameras, radar and laser speed
detection devices, | ||||||
| 2 | and alcohol breath testers.
| ||||||
| 3 | (f) In addition to any criminal penalties imposed, the
| ||||||
| 4 | Department of Natural Resources shall suspend the
snowmobile | ||||||
| 5 | operation privileges of
a person convicted or found guilty of a | ||||||
| 6 | misdemeanor under this
Section for a period of one
year, except | ||||||
| 7 | that first-time offenders are exempt from
this mandatory one | ||||||
| 8 | year suspension.
| ||||||
| 9 | (g) In addition to any criminal penalties imposed, the | ||||||
| 10 | Department of Natural
Resources shall suspend for a period of 5 | ||||||
| 11 | years the snowmobile operation
privileges of any person | ||||||
| 12 | convicted or found guilty of a felony under this
Section.
| ||||||
| 13 | (Source: P.A. 99-697, eff. 7-29-16; revised 10-28-16.)
| ||||||
| 14 | (625 ILCS 40/5-7.4)
| ||||||
| 15 | Sec. 5-7.4. Admissibility of chemical tests of blood, other | ||||||
| 16 | bodily substance, or urine conducted in the
regular course of | ||||||
| 17 | providing emergency medical treatment. | ||||||
| 18 | (a) Notwithstanding any other provision of law, the results | ||||||
| 19 | of
blood, other bodily substance, or urine tests performed for | ||||||
| 20 | the purpose of determining the content of
alcohol, other drug | ||||||
| 21 | or drugs, intoxicating compound or compounds, or any
| ||||||
| 22 | combination of them in an individual's blood, other bodily | ||||||
| 23 | substance, or urine conducted upon persons receiving
medical | ||||||
| 24 | treatment in a
hospital
emergency room, are admissible in | ||||||
| 25 | evidence as a business record exception
to the
hearsay rule | ||||||
| |||||||
| |||||||
| 1 | only in prosecutions for a violation of Section 5-7 of this
Act | ||||||
| 2 | or a similar provision of a local ordinance or in prosecutions | ||||||
| 3 | for reckless
homicide brought under the Criminal Code of 1961 | ||||||
| 4 | or the Criminal Code of 2012.
| ||||||
| 5 | The results of the tests are admissible only when
each of | ||||||
| 6 | the following criteria are met:
| ||||||
| 7 | 1. the chemical tests performed upon an individual's | ||||||
| 8 | blood, other bodily substance, or urine were
ordered
in the
| ||||||
| 9 | regular course of providing emergency treatment and not at | ||||||
| 10 | the request of law
enforcement authorities; and
| ||||||
| 11 | 2. the chemical tests performed upon an individual's | ||||||
| 12 | blood, other bodily substance, or urine were
performed by | ||||||
| 13 | the
laboratory routinely used by the hospital.
| ||||||
| 14 | 3. (Blank).
| ||||||
| 15 | Results of chemical tests performed upon an individual's | ||||||
| 16 | blood, other bodily substance, or urine
are
admissible into | ||||||
| 17 | evidence regardless of the time that the records were
prepared.
| ||||||
| 18 | (b) The confidentiality provisions of law pertaining to | ||||||
| 19 | medical records and
medical treatment are not applicable with | ||||||
| 20 | regard to chemical tests
performed upon a person's blood, other | ||||||
| 21 | bodily substance, or urine under the provisions of this
Section | ||||||
| 22 | in prosecutions as specified in
subsection (a) of this Section. | ||||||
| 23 | No person
shall be liable for civil damages as
a result of the | ||||||
| 24 | evidentiary use of the results of chemical testing of the
| ||||||
| 25 | individual's blood, other bodily substance, or urine under this
| ||||||
| 26 | Section or as a result of that person's testimony made | ||||||
| |||||||
| |||||||
| 1 | available under this
Section.
| ||||||
| 2 | (Source: P.A. 99-697, eff. 7-29-16; revised 10-31-16.)
| ||||||
| 3 | Section 660. The Juvenile Court Act of 1987 is amended by | ||||||
| 4 | changing Sections 4-9, 5-710, 5-745, 5-7A-115, and 5-915 as | ||||||
| 5 | follows:
| ||||||
| 6 | (705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
| ||||||
| 7 | Sec. 4-9. Shelter care hearing. At the appearance of the
| ||||||
| 8 | minor before the court at the shelter care hearing, all
| ||||||
| 9 | witnesses present shall be examined before the court in | ||||||
| 10 | relation to any
matter connected with the allegations made in | ||||||
| 11 | the petition.
| ||||||
| 12 | (1) If the court finds that there is not probable cause to | ||||||
| 13 | believe that
the minor is addicted, it shall release the minor | ||||||
| 14 | and dismiss the petition.
| ||||||
| 15 | (2) If the court finds that there is probable cause to | ||||||
| 16 | believe that the
minor is addicted, the minor, his or
her | ||||||
| 17 | parent, guardian, custodian and other persons able to give | ||||||
| 18 | relevant
testimony shall be examined before the court. After | ||||||
| 19 | such testimony, the
court may enter an order that the minor | ||||||
| 20 | shall be released
upon the request of a parent, guardian or | ||||||
| 21 | custodian if the parent, guardian
or custodian appears to take | ||||||
| 22 | custody
and agrees to abide by a court order
which requires the | ||||||
| 23 | minor and his or her parent, guardian, or legal custodian
to
| ||||||
| 24 | complete an evaluation by an entity licensed by the Department | ||||||
| |||||||
| |||||||
| 1 | of Human
Services, as the successor to
the Department of | ||||||
| 2 | Alcoholism and Substance Abuse, and complete
any treatment | ||||||
| 3 | recommendations indicated by the assessment. Custodian shall
| ||||||
| 4 | include any agency
of the State which has been given custody or | ||||||
| 5 | wardship of the child.
| ||||||
| 6 | The Court shall require
documentation by representatives | ||||||
| 7 | of the Department of Children and Family
Services or the | ||||||
| 8 | probation department as to the reasonable efforts that were
| ||||||
| 9 | made to prevent or eliminate the necessity of removal of the | ||||||
| 10 | minor from his
or her home, and shall consider the testimony of | ||||||
| 11 | any person as to those
reasonable efforts. If the court finds | ||||||
| 12 | that it is a
matter of immediate and urgent necessity for the | ||||||
| 13 | protection of the minor
or of the person or property of another | ||||||
| 14 | that the minor be or
placed in a shelter care facility or that | ||||||
| 15 | he or she is likely to flee the
jurisdiction of the court, and | ||||||
| 16 | further, finds that reasonable efforts
have been made or good | ||||||
| 17 | cause has been shown why reasonable efforts cannot
prevent or | ||||||
| 18 | eliminate the necessity of removal of the minor from his or her
| ||||||
| 19 | home, the court may prescribe shelter care
and order that the | ||||||
| 20 | minor be kept in a suitable place designated by the
court or in | ||||||
| 21 | a shelter care facility designated by the Department of
| ||||||
| 22 | Children and Family Services or a licensed child welfare | ||||||
| 23 | agency, or
in a facility or program licensed by the Department | ||||||
| 24 | of Human
Services for shelter and treatment services;
otherwise | ||||||
| 25 | it shall release the minor from custody. If the court | ||||||
| 26 | prescribes
shelter care, then in placing the minor, the | ||||||
| |||||||
| |||||||
| 1 | Department or other agency shall,
to the extent compatible with | ||||||
| 2 | the court's order, comply with Section 7 of the
Children and | ||||||
| 3 | Family Services Act. If the minor is ordered placed in a | ||||||
| 4 | shelter
care facility of the Department of Children and Family | ||||||
| 5 | Services or a licensed
child welfare agency, or in
a facility | ||||||
| 6 | or program licensed by the Department of Human
Services for
| ||||||
| 7 | shelter and treatment
services, the court shall, upon request | ||||||
| 8 | of the appropriate
Department or other agency, appoint the | ||||||
| 9 | Department of Children and Family
Services Guardianship | ||||||
| 10 | Administrator or other appropriate agency executive
temporary | ||||||
| 11 | custodian of the minor and the court may enter such other | ||||||
| 12 | orders
related to the temporary custody as it deems fit and | ||||||
| 13 | proper, including
the provision of services to the minor or his | ||||||
| 14 | family to ameliorate the
causes contributing to the finding of | ||||||
| 15 | probable cause or to the finding of
the existence of immediate | ||||||
| 16 | and urgent necessity. Acceptance of services
shall not be | ||||||
| 17 | considered an admission of any allegation in a petition made
| ||||||
| 18 | pursuant to this Act, nor may a referral of services be | ||||||
| 19 | considered as
evidence in any proceeding pursuant to this Act, | ||||||
| 20 | except where the issue is
whether the Department has made | ||||||
| 21 | reasonable efforts to reunite the family.
In making its | ||||||
| 22 | findings that reasonable efforts have been made or that good
| ||||||
| 23 | cause has been shown why reasonable efforts cannot prevent or | ||||||
| 24 | eliminate the
necessity of removal of the minor from his or her | ||||||
| 25 | home, the court shall
state in writing its findings concerning | ||||||
| 26 | the nature of the services that
were offered or the efforts | ||||||
| |||||||
| |||||||
| 1 | that were made to prevent removal of the child
and the apparent | ||||||
| 2 | reasons that such
services or efforts could not prevent the | ||||||
| 3 | need for removal. The parents,
guardian, custodian, temporary | ||||||
| 4 | custodian and minor shall each be furnished
a copy of such | ||||||
| 5 | written findings. The temporary custodian shall maintain a
copy | ||||||
| 6 | of the court order and written findings in the case record for | ||||||
| 7 | the
child. The order together with the court's findings of fact | ||||||
| 8 | in support
thereof shall be entered of record in the court.
| ||||||
| 9 | Once the court finds that it is a matter of immediate and | ||||||
| 10 | urgent necessity
for the protection of the minor that the minor | ||||||
| 11 | be placed in a shelter care
facility, the minor shall not be | ||||||
| 12 | returned to the parent, custodian or guardian
until the court | ||||||
| 13 | finds that such placement is no longer necessary for the
| ||||||
| 14 | protection of the minor.
| ||||||
| 15 | (3) If neither the parent, guardian, legal custodian, | ||||||
| 16 | responsible
relative nor counsel of the minor has had actual | ||||||
| 17 | notice of or is present
at the shelter care hearing, he or she | ||||||
| 18 | may file his or her
affidavit setting forth these facts, and | ||||||
| 19 | the clerk shall set the matter for
rehearing not later than 24 | ||||||
| 20 | hours, excluding Sundays and legal holidays,
after the filing | ||||||
| 21 | of the affidavit. At the rehearing, the court shall
proceed in | ||||||
| 22 | the same manner as upon the original hearing.
| ||||||
| 23 | (4) If the minor is not brought before a judicial officer | ||||||
| 24 | within the
time period as specified in Section 4-8, the minor | ||||||
| 25 | must immediately be
released from custody.
| ||||||
| 26 | (5) Only when there is reasonable cause to believe that the | ||||||
| |||||||
| |||||||
| 1 | minor taken
into custody is a person described in subsection | ||||||
| 2 | (3) of Section 5-105 may the minor be kept or
detained in a | ||||||
| 3 | detention home or county or municipal jail. This Section
shall | ||||||
| 4 | in no way be construed to limit subsection (6).
| ||||||
| 5 | (6) No minor under 16 years of age may be confined in a | ||||||
| 6 | jail or place
ordinarily used for the confinement of prisoners | ||||||
| 7 | in a police station.
Minors under 18 years of age must be kept | ||||||
| 8 | separate from confined adults and
may not at any time be kept | ||||||
| 9 | in the same cell, room or yard with adults
confined pursuant to | ||||||
| 10 | the criminal law.
| ||||||
| 11 | (7) If neither the parent, guardian or custodian appears | ||||||
| 12 | within 24
hours to take custody of a minor released upon | ||||||
| 13 | request pursuant to
subsection (2) of this Section, then the | ||||||
| 14 | clerk of the court shall set the
matter for rehearing not later | ||||||
| 15 | than 7 days after the original order and
shall issue a summons | ||||||
| 16 | directed to the parent, guardian or custodian to
appear. At the | ||||||
| 17 | same time the probation department shall prepare a report
on | ||||||
| 18 | the minor. If a parent, guardian or custodian does not appear | ||||||
| 19 | at such
rehearing, the judge may enter an order prescribing | ||||||
| 20 | that the minor be kept
in a suitable place designated by the | ||||||
| 21 | Department of Children and Family
Services or a licensed child | ||||||
| 22 | welfare agency.
| ||||||
| 23 | (8) Any interested party, including the State, the | ||||||
| 24 | temporary
custodian, an agency providing services to the minor | ||||||
| 25 | or family under a
service plan pursuant to Section 8.2 of the | ||||||
| 26 | Abused and Neglected Child
Reporting Act, foster parent, or any | ||||||
| |||||||
| |||||||
| 1 | of their representatives, may file a
motion to modify or vacate | ||||||
| 2 | a temporary custody order on any of the following
grounds:
| ||||||
| 3 | (a) It is no longer a matter of immediate and urgent | ||||||
| 4 | necessity that the
minor remain in shelter care; or
| ||||||
| 5 | (b) There is a material change in the circumstances of | ||||||
| 6 | the natural
family from which the minor was removed; or
| ||||||
| 7 | (c) A person, including a parent, relative or legal | ||||||
| 8 | guardian, is capable
of assuming temporary custody of the | ||||||
| 9 | minor; or
| ||||||
| 10 | (d) Services provided by the Department of Children and | ||||||
| 11 | Family Services
or a child welfare agency or other service | ||||||
| 12 | provider have been successful in
eliminating the need for | ||||||
| 13 | temporary custody.
| ||||||
| 14 | The clerk shall set the matter for hearing not later than | ||||||
| 15 | 14 days after
such motion is filed. In the event that the court | ||||||
| 16 | modifies or vacates a
temporary custody order but does not | ||||||
| 17 | vacate its finding of probable cause,
the court may order that | ||||||
| 18 | appropriate services be continued or initiated in
behalf of the | ||||||
| 19 | minor and his or her family.
| ||||||
| 20 | (9) The changes made to this Section by Public Act 98-61 | ||||||
| 21 | apply to a minor who has been
arrested or taken into custody on | ||||||
| 22 | or after January 1, 2014 (the effective date
of Public Act | ||||||
| 23 | 98-61). | ||||||
| 24 | (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; revised | ||||||
| 25 | 10-6-16.)
| ||||||
| |||||||
| |||||||
| 1 | (705 ILCS 405/5-710)
| ||||||
| 2 | Sec. 5-710. Kinds of sentencing orders.
| ||||||
| 3 | (1) The following kinds of sentencing orders may be made in | ||||||
| 4 | respect of
wards of the court:
| ||||||
| 5 | (a) Except as provided in Sections 5-805, 5-810, 5-815, | ||||||
| 6 | a minor who is
found
guilty under Section 5-620 may be:
| ||||||
| 7 | (i) put on probation or conditional discharge and | ||||||
| 8 | released to his or her
parents, guardian or legal | ||||||
| 9 | custodian, provided, however, that any such minor
who | ||||||
| 10 | is not committed to the Department of Juvenile Justice | ||||||
| 11 | under
this subsection and who is found to be a | ||||||
| 12 | delinquent for an offense which is
first degree murder, | ||||||
| 13 | a Class X felony, or a forcible felony shall be placed | ||||||
| 14 | on
probation;
| ||||||
| 15 | (ii) placed in accordance with Section 5-740, with | ||||||
| 16 | or without also being
put on probation or conditional | ||||||
| 17 | discharge;
| ||||||
| 18 | (iii) required to undergo a substance abuse | ||||||
| 19 | assessment conducted by a
licensed provider and | ||||||
| 20 | participate in the indicated clinical level of care;
| ||||||
| 21 | (iv) on and after the effective date of this | ||||||
| 22 | amendatory Act of the 98th General Assembly and before | ||||||
| 23 | January 1, 2017, placed in the guardianship of the | ||||||
| 24 | Department of Children and Family
Services, but only if | ||||||
| 25 | the delinquent minor is under 16 years of age or, | ||||||
| 26 | pursuant to Article II of this Act, a minor for whom an | ||||||
| |||||||
| |||||||
| 1 | independent basis of abuse, neglect, or dependency | ||||||
| 2 | exists. On and after January 1, 2017, placed in the | ||||||
| 3 | guardianship of the Department of Children and Family
| ||||||
| 4 | Services, but only if the delinquent minor is under 15 | ||||||
| 5 | years of age or, pursuant to Article II of this Act, a | ||||||
| 6 | minor for whom an independent basis of abuse, neglect, | ||||||
| 7 | or dependency exists. An independent basis exists when | ||||||
| 8 | the allegations or adjudication of abuse, neglect, or | ||||||
| 9 | dependency do not arise from the same facts, incident, | ||||||
| 10 | or circumstances which give rise to a charge or | ||||||
| 11 | adjudication of delinquency;
| ||||||
| 12 | (v) placed in detention for a period not to exceed | ||||||
| 13 | 30 days, either as
the
exclusive order of disposition | ||||||
| 14 | or, where appropriate, in conjunction with any
other | ||||||
| 15 | order of disposition issued under this paragraph, | ||||||
| 16 | provided that any such
detention shall be in a juvenile | ||||||
| 17 | detention home and the minor so detained shall
be 10 | ||||||
| 18 | years of age or older. However, the 30-day limitation | ||||||
| 19 | may be extended by
further order of the court for a | ||||||
| 20 | minor under age 15 committed to the Department
of | ||||||
| 21 | Children and Family Services if the court finds that | ||||||
| 22 | the minor is a danger
to himself or others. The minor | ||||||
| 23 | shall be given credit on the sentencing order
of | ||||||
| 24 | detention for time spent in detention under Sections | ||||||
| 25 | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | ||||||
| 26 | result of the offense for which the sentencing order | ||||||
| |||||||
| |||||||
| 1 | was imposed.
The court may grant credit on a sentencing | ||||||
| 2 | order of detention entered under a
violation of | ||||||
| 3 | probation or violation of conditional discharge under | ||||||
| 4 | Section
5-720 of this Article for time spent in | ||||||
| 5 | detention before the filing of the
petition
alleging | ||||||
| 6 | the violation. A minor shall not be deprived of credit | ||||||
| 7 | for time spent
in detention before the filing of a | ||||||
| 8 | violation of probation or conditional
discharge | ||||||
| 9 | alleging the same or related act or acts. The | ||||||
| 10 | limitation that the minor shall only be placed in a | ||||||
| 11 | juvenile detention home does not apply as follows: | ||||||
| 12 | Persons 18 years of age and older who have a | ||||||
| 13 | petition of delinquency filed against them may be | ||||||
| 14 | confined in an adult detention facility. In making a | ||||||
| 15 | determination whether to confine a person 18 years of | ||||||
| 16 | age or older who has a petition of delinquency filed | ||||||
| 17 | against the person, these factors, among other | ||||||
| 18 | matters, shall be considered: | ||||||
| 19 | (A) the age of the person; | ||||||
| 20 | (B) any previous delinquent or criminal | ||||||
| 21 | history of the person; | ||||||
| 22 | (C) any previous abuse or neglect history of | ||||||
| 23 | the person; | ||||||
| 24 | (D) any mental health history of the person; | ||||||
| 25 | and | ||||||
| 26 | (E) any educational history of the person;
| ||||||
| |||||||
| |||||||
| 1 | (vi) ordered partially or completely emancipated | ||||||
| 2 | in accordance with the
provisions of the Emancipation | ||||||
| 3 | of Minors Act;
| ||||||
| 4 | (vii) subject to having his or her driver's license | ||||||
| 5 | or driving
privileges
suspended for such time as | ||||||
| 6 | determined by the court but only until he or she
| ||||||
| 7 | attains 18 years of age;
| ||||||
| 8 | (viii) put on probation or conditional discharge | ||||||
| 9 | and placed in detention
under Section 3-6039 of the | ||||||
| 10 | Counties Code for a period not to exceed the period
of | ||||||
| 11 | incarceration permitted by law for adults found guilty | ||||||
| 12 | of the same offense
or offenses for which the minor was | ||||||
| 13 | adjudicated delinquent, and in any event no
longer than | ||||||
| 14 | upon attainment of age 21; this subdivision (viii) | ||||||
| 15 | notwithstanding
any contrary provision of the law;
| ||||||
| 16 | (ix) ordered to undergo a medical or other | ||||||
| 17 | procedure to have a tattoo
symbolizing allegiance to a | ||||||
| 18 | street gang removed from his or her body; or | ||||||
| 19 | (x) placed in electronic home detention under Part | ||||||
| 20 | 7A of this Article.
| ||||||
| 21 | (b) A minor found to be guilty may be committed to the | ||||||
| 22 | Department of
Juvenile Justice under Section 5-750 if the | ||||||
| 23 | minor is at least 13 years and under 20 years of age,
| ||||||
| 24 | provided that the commitment to the Department of Juvenile | ||||||
| 25 | Justice shall be made only if the minor was found guilty of | ||||||
| 26 | a felony offense or first degree murder. The court shall | ||||||
| |||||||
| |||||||
| 1 | include in the sentencing order any pre-custody credits the | ||||||
| 2 | minor is entitled to under Section 5-4.5-100 of the Unified | ||||||
| 3 | Code of Corrections. The time during which a minor is in | ||||||
| 4 | custody before being released
upon the request of a parent, | ||||||
| 5 | guardian or legal custodian shall also be considered
as | ||||||
| 6 | time spent in custody.
| ||||||
| 7 | (c) When a minor is found to be guilty for an offense | ||||||
| 8 | which is a violation
of the Illinois Controlled Substances | ||||||
| 9 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
| 10 | Control and Community Protection Act and made
a ward of the | ||||||
| 11 | court, the court may enter a disposition order requiring | ||||||
| 12 | the
minor to undergo assessment,
counseling or treatment in | ||||||
| 13 | a substance abuse program approved by the Department
of | ||||||
| 14 | Human Services.
| ||||||
| 15 | (2) Any sentencing order other than commitment to the | ||||||
| 16 | Department of
Juvenile Justice may provide for protective | ||||||
| 17 | supervision under
Section 5-725 and may include an order of | ||||||
| 18 | protection under Section 5-730.
| ||||||
| 19 | (3) Unless the sentencing order expressly so provides, it | ||||||
| 20 | does not operate
to close proceedings on the pending petition, | ||||||
| 21 | but is subject to modification
until final closing and | ||||||
| 22 | discharge of the proceedings under Section 5-750.
| ||||||
| 23 | (4) In addition to any other sentence, the court may order | ||||||
| 24 | any
minor
found to be delinquent to make restitution, in | ||||||
| 25 | monetary or non-monetary form,
under the terms and conditions | ||||||
| 26 | of Section 5-5-6 of the Unified Code of
Corrections, except | ||||||
| |||||||
| |||||||
| 1 | that the "presentencing hearing" referred to in that
Section
| ||||||
| 2 | shall be
the sentencing hearing for purposes of this Section. | ||||||
| 3 | The parent, guardian or
legal custodian of the minor may be | ||||||
| 4 | ordered by the court to pay some or all of
the restitution on | ||||||
| 5 | the minor's behalf, pursuant to the Parental Responsibility
| ||||||
| 6 | Law. The State's Attorney is authorized to act
on behalf of any | ||||||
| 7 | victim in seeking restitution in proceedings under this
| ||||||
| 8 | Section, up to the maximum amount allowed in Section 5 of the | ||||||
| 9 | Parental
Responsibility Law.
| ||||||
| 10 | (5) Any sentencing order where the minor is committed or | ||||||
| 11 | placed in
accordance
with Section 5-740 shall provide for the | ||||||
| 12 | parents or guardian of the estate of
the minor to pay to the | ||||||
| 13 | legal custodian or guardian of the person of the minor
such | ||||||
| 14 | sums as are determined by the custodian or guardian of the | ||||||
| 15 | person of the
minor as necessary for the minor's needs. The | ||||||
| 16 | payments may not exceed the
maximum amounts provided for by | ||||||
| 17 | Section 9.1 of the Children and Family Services
Act.
| ||||||
| 18 | (6) Whenever the sentencing order requires the minor to | ||||||
| 19 | attend school or
participate in a program of training, the | ||||||
| 20 | truant officer or designated school
official shall regularly | ||||||
| 21 | report to the court if the minor is a chronic or
habitual | ||||||
| 22 | truant under Section 26-2a of the School Code. Notwithstanding | ||||||
| 23 | any other provision of this Act, in instances in which | ||||||
| 24 | educational services are to be provided to a minor in a | ||||||
| 25 | residential facility where the minor has been placed by the | ||||||
| 26 | court, costs incurred in the provision of those educational | ||||||
| |||||||
| |||||||
| 1 | services must be allocated based on the requirements of the | ||||||
| 2 | School Code.
| ||||||
| 3 | (7) In no event shall a guilty minor be committed to the | ||||||
| 4 | Department of
Juvenile Justice for a period of time in
excess | ||||||
| 5 | of
that period for which an adult could be committed for the | ||||||
| 6 | same act. The court shall include in the sentencing order a | ||||||
| 7 | limitation on the period of confinement not to exceed the | ||||||
| 8 | maximum period of imprisonment the court could impose under | ||||||
| 9 | Article V of the Unified Code of Corrections.
| ||||||
| 10 | (7.5) In no event shall a guilty minor be committed to the | ||||||
| 11 | Department of Juvenile Justice or placed in detention when the | ||||||
| 12 | act for which the minor was adjudicated delinquent would not be | ||||||
| 13 | illegal if committed by an adult. | ||||||
| 14 | (7.6) In no event shall a guilty minor be committed to the | ||||||
| 15 | Department of Juvenile Justice for an offense which is a Class | ||||||
| 16 | 4 felony under Section 19-4 (criminal trespass to a residence), | ||||||
| 17 | 21-1 (criminal damage to property), 21-1.01 (criminal damage to | ||||||
| 18 | government supported property), 21-1.3 (criminal defacement of | ||||||
| 19 | property), 26-1 (disorderly conduct), or 31-4 (obstructing | ||||||
| 20 | justice), of the Criminal Code of 2012. | ||||||
| 21 | (7.75) In no event shall a guilty minor be committed to the | ||||||
| 22 | Department of Juvenile Justice for an offense that is a Class 3 | ||||||
| 23 | or Class 4 felony violation of the Illinois Controlled | ||||||
| 24 | Substances Act unless the commitment occurs upon a third or | ||||||
| 25 | subsequent judicial finding of a violation of probation for | ||||||
| 26 | substantial noncompliance with court-ordered court ordered | ||||||
| |||||||
| |||||||
| 1 | treatment or programming. | ||||||
| 2 | (8) A minor found to be guilty for reasons that include a | ||||||
| 3 | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | ||||||
| 4 | Criminal Code of 2012 shall be ordered to perform
community | ||||||
| 5 | service for not less than 30 and not more than 120 hours, if
| ||||||
| 6 | community service is available in the jurisdiction. The | ||||||
| 7 | community service
shall include, but need not be limited to, | ||||||
| 8 | the cleanup and repair of the damage
that was caused by the | ||||||
| 9 | violation or similar damage to property located in the
| ||||||
| 10 | municipality or county in which the violation occurred. The | ||||||
| 11 | order may be in
addition to any other order authorized by this | ||||||
| 12 | Section.
| ||||||
| 13 | (8.5) A minor found to be guilty for reasons that include a | ||||||
| 14 | violation of
Section
3.02 or Section 3.03 of the Humane Care | ||||||
| 15 | for Animals Act or paragraph (d) of
subsection (1) of
Section | ||||||
| 16 | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | ||||||
| 17 | subsection (a) of Section 21-1 of the Criminal Code of 2012 | ||||||
| 18 | shall be ordered to undergo medical or psychiatric treatment | ||||||
| 19 | rendered by
a
psychiatrist or psychological treatment rendered | ||||||
| 20 | by a clinical psychologist.
The order
may be in addition to any | ||||||
| 21 | other order authorized by this Section.
| ||||||
| 22 | (9) In addition to any other sentencing order, the court | ||||||
| 23 | shall order any
minor found
to be guilty for an act which would | ||||||
| 24 | constitute, predatory criminal sexual
assault of a child, | ||||||
| 25 | aggravated criminal sexual assault, criminal sexual
assault, | ||||||
| 26 | aggravated criminal sexual abuse, or criminal sexual abuse if
| ||||||
| |||||||
| |||||||
| 1 | committed by an
adult to undergo medical testing to determine | ||||||
| 2 | whether the defendant has any
sexually transmissible disease | ||||||
| 3 | including a test for infection with human
immunodeficiency | ||||||
| 4 | virus (HIV) or any other identified causative agency of
| ||||||
| 5 | acquired immunodeficiency syndrome (AIDS). Any medical test | ||||||
| 6 | shall be performed
only by appropriately licensed medical | ||||||
| 7 | practitioners and may include an
analysis of any bodily fluids | ||||||
| 8 | as well as an examination of the minor's person.
Except as | ||||||
| 9 | otherwise provided by law, the results of the test shall be | ||||||
| 10 | kept
strictly confidential by all medical personnel involved in | ||||||
| 11 | the testing and must
be personally delivered in a sealed | ||||||
| 12 | envelope to the judge of the court in which
the sentencing | ||||||
| 13 | order was entered for the judge's inspection in camera. Acting
| ||||||
| 14 | in accordance with the best interests of the victim and the | ||||||
| 15 | public, the judge
shall have the discretion to determine to | ||||||
| 16 | whom the results of the testing may
be revealed. The court | ||||||
| 17 | shall notify the minor of the results of the test for
infection | ||||||
| 18 | with the human immunodeficiency virus (HIV). The court shall | ||||||
| 19 | also
notify the victim if requested by the victim, and if the | ||||||
| 20 | victim is under the
age of 15 and if requested by the victim's | ||||||
| 21 | parents or legal guardian, the court
shall notify the victim's | ||||||
| 22 | parents or the legal guardian, of the results of the
test for | ||||||
| 23 | infection with the human immunodeficiency virus (HIV). The | ||||||
| 24 | court
shall provide information on the availability of HIV | ||||||
| 25 | testing and counseling at
the Department of Public Health | ||||||
| 26 | facilities to all parties to whom the
results of the testing | ||||||
| |||||||
| |||||||
| 1 | are revealed. The court shall order that the cost of
any test | ||||||
| 2 | shall be paid by the county and may be taxed as costs against | ||||||
| 3 | the
minor.
| ||||||
| 4 | (10) When a court finds a minor to be guilty the court | ||||||
| 5 | shall, before
entering a sentencing order under this Section, | ||||||
| 6 | make a finding whether the
offense committed either: (a) was | ||||||
| 7 | related to or in furtherance of the criminal
activities of an | ||||||
| 8 | organized gang or was motivated by the minor's membership in
or | ||||||
| 9 | allegiance to an organized gang, or (b) involved a violation of
| ||||||
| 10 | subsection (a) of Section 12-7.1 of the Criminal Code of 1961 | ||||||
| 11 | or the Criminal Code of 2012, a violation of
any
Section of | ||||||
| 12 | Article 24 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 13 | 2012, or a violation of any
statute that involved the wrongful | ||||||
| 14 | use of a firearm. If the court determines
the question in the | ||||||
| 15 | affirmative,
and the court does not commit the minor to the | ||||||
| 16 | Department of Juvenile Justice, the court shall order the minor | ||||||
| 17 | to perform community service
for not less than 30 hours nor | ||||||
| 18 | more than 120 hours, provided that community
service is | ||||||
| 19 | available in the jurisdiction and is funded and approved by the
| ||||||
| 20 | county board of the county where the offense was committed. The | ||||||
| 21 | community
service shall include, but need not be limited to, | ||||||
| 22 | the cleanup and repair of
any damage caused by a violation of | ||||||
| 23 | Section 21-1.3 of the Criminal Code of 1961 or the Criminal | ||||||
| 24 | Code of 2012
and similar damage to property located in the | ||||||
| 25 | municipality or county in which
the violation occurred. When | ||||||
| 26 | possible and reasonable, the community service
shall be | ||||||
| |||||||
| |||||||
| 1 | performed in the minor's neighborhood. This order shall be in
| ||||||
| 2 | addition to any other order authorized by this Section
except | ||||||
| 3 | for an order to place the minor in the custody of the | ||||||
| 4 | Department of
Juvenile Justice. For the purposes of this | ||||||
| 5 | Section, "organized
gang" has the meaning ascribed to it in | ||||||
| 6 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
| 7 | Prevention Act.
| ||||||
| 8 | (11) If the court determines that the offense was committed | ||||||
| 9 | in furtherance of the criminal activities of an organized gang, | ||||||
| 10 | as provided in subsection (10), and that the offense involved | ||||||
| 11 | the operation or use of a motor vehicle or the use of a | ||||||
| 12 | driver's license or permit, the court shall notify the | ||||||
| 13 | Secretary of State of that determination and of the period for | ||||||
| 14 | which the minor shall be denied driving privileges. If, at the | ||||||
| 15 | time of the determination, the minor does not hold a driver's | ||||||
| 16 | license or permit, the court shall provide that the minor shall | ||||||
| 17 | not be issued a driver's license or permit until his or her | ||||||
| 18 | 18th birthday. If the minor holds a driver's license or permit | ||||||
| 19 | at the time of the determination, the court shall provide that | ||||||
| 20 | the minor's driver's license or permit shall be revoked until | ||||||
| 21 | his or her 21st birthday, or until a later date or occurrence | ||||||
| 22 | determined by the court. If the minor holds a driver's license | ||||||
| 23 | at the time of the determination, the court may direct the | ||||||
| 24 | Secretary of State to issue the minor a judicial driving | ||||||
| 25 | permit, also known as a JDP. The JDP shall be subject to the | ||||||
| 26 | same terms as a JDP issued under Section 6-206.1 of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Vehicle Code, except that the court may direct that | ||||||
| 2 | the JDP be effective immediately.
| ||||||
| 3 | (12) If a minor is found to be guilty of a violation of
| ||||||
| 4 | subsection (a-7) of Section 1 of the Prevention of Tobacco Use | ||||||
| 5 | by Minors Act, the
court may, in its discretion, and upon
| ||||||
| 6 | recommendation by the State's Attorney, order that minor and | ||||||
| 7 | his or her parents
or legal
guardian to attend a smoker's | ||||||
| 8 | education or youth diversion program as defined
in that Act if | ||||||
| 9 | that
program is available in the jurisdiction where the | ||||||
| 10 | offender resides.
Attendance at a smoker's education or youth | ||||||
| 11 | diversion program
shall be time-credited against any community | ||||||
| 12 | service time imposed for any
first violation of subsection | ||||||
| 13 | (a-7) of Section 1 of that Act. In addition to any
other
| ||||||
| 14 | penalty
that the court may impose for a violation of subsection | ||||||
| 15 | (a-7) of Section 1 of
that Act, the
court, upon request by the | ||||||
| 16 | State's Attorney, may in its discretion
require
the offender to | ||||||
| 17 | remit a fee for his or her attendance at a smoker's
education | ||||||
| 18 | or
youth diversion program.
| ||||||
| 19 | For purposes of this Section, "smoker's education program" | ||||||
| 20 | or "youth
diversion program" includes, but is not limited to, a | ||||||
| 21 | seminar designed to
educate a person on the physical and | ||||||
| 22 | psychological effects of smoking tobacco
products and the | ||||||
| 23 | health consequences of smoking tobacco products that can be
| ||||||
| 24 | conducted with a locality's youth diversion program.
| ||||||
| 25 | In addition to any other penalty that the court may impose | ||||||
| 26 | under this
subsection
(12):
| ||||||
| |||||||
| |||||||
| 1 | (a) If a minor violates subsection (a-7) of Section 1 | ||||||
| 2 | of the Prevention of
Tobacco Use by Minors Act, the court | ||||||
| 3 | may
impose a sentence of 15 hours of
community service or a | ||||||
| 4 | fine of $25 for a first violation.
| ||||||
| 5 | (b) A second violation by a minor of subsection (a-7) | ||||||
| 6 | of Section 1 of that Act
that occurs
within 12 months after | ||||||
| 7 | the first violation is punishable by a fine of $50 and
25
| ||||||
| 8 | hours of community service.
| ||||||
| 9 | (c) A third or subsequent violation by a minor of | ||||||
| 10 | subsection (a-7) of Section
1 of that Act
that
occurs | ||||||
| 11 | within 12 months after the first violation is punishable by | ||||||
| 12 | a $100
fine
and 30 hours of community service.
| ||||||
| 13 | (d) Any second or subsequent violation not within the | ||||||
| 14 | 12-month time period
after the first violation is | ||||||
| 15 | punishable as provided for a first violation.
| ||||||
| 16 | (Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15; | ||||||
| 17 | 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, eff. 1-1-17; | ||||||
| 18 | revised 9-2-16.)
| ||||||
| 19 | (705 ILCS 405/5-745)
| ||||||
| 20 | Sec. 5-745. Court review.
| ||||||
| 21 | (1) The court may require any legal custodian or guardian | ||||||
| 22 | of the person
appointed under this Act, including the | ||||||
| 23 | Department of Juvenile Justice for youth committed under | ||||||
| 24 | Section 5-750 of this Act, to report periodically to the court | ||||||
| 25 | or may cite him
or her into court and require him or her, or his | ||||||
| |||||||
| |||||||
| 1 | or her agency, to make a full
and accurate report of
his or her | ||||||
| 2 | or its doings in behalf of the minor, including efforts to | ||||||
| 3 | secure post-release placement of the youth after release from | ||||||
| 4 | the Department's facilities. The legal custodian or
guardian,
| ||||||
| 5 | within 10 days after the citation, shall make the report, | ||||||
| 6 | either in writing
verified by affidavit or orally under oath in | ||||||
| 7 | open court, or otherwise as the
court directs. Upon the hearing | ||||||
| 8 | of the report the court may remove the legal
custodian or | ||||||
| 9 | guardian and appoint another in his or her stead or restore the
| ||||||
| 10 | minor to
the custody of his or her parents or former guardian | ||||||
| 11 | or legal custodian.
| ||||||
| 12 | (2) If the Department of Children and Family Services is | ||||||
| 13 | appointed legal custodian or guardian of a minor under Section | ||||||
| 14 | 5-740 of this Act, the Department of Children and Family | ||||||
| 15 | Services Section 5-740 of shall file updated case plans with | ||||||
| 16 | the court every 6 months. Every agency
which has guardianship | ||||||
| 17 | of a child shall file a supplemental petition for court
review, | ||||||
| 18 | or review by an administrative body appointed or approved by | ||||||
| 19 | the court
and further order within 18 months of the sentencing | ||||||
| 20 | order and each 18 months
thereafter. The petition shall state | ||||||
| 21 | facts relative to the child's present
condition of physical, | ||||||
| 22 | mental and emotional health as well as facts relative to
his or | ||||||
| 23 | her present custodial or foster care. The petition shall be set | ||||||
| 24 | for
hearing
and the clerk shall mail 10 days notice of the | ||||||
| 25 | hearing by certified mail,
return receipt requested, to the | ||||||
| 26 | person or agency having the physical custody
of the child, the | ||||||
| |||||||
| |||||||
| 1 | minor and other interested parties unless a
written waiver of | ||||||
| 2 | notice is filed with the petition.
| ||||||
| 3 | If the minor is in the custody of the Illinois Department | ||||||
| 4 | of Children and Family Services, pursuant to an order entered | ||||||
| 5 | under this Article, the court shall conduct permanency hearings | ||||||
| 6 | as set out in subsections (1), (2), and (3) of Section 2-28 of | ||||||
| 7 | Article II of this Act. | ||||||
| 8 | Rights of wards of the court under this Act are enforceable | ||||||
| 9 | against any
public agency by complaints for relief by mandamus | ||||||
| 10 | filed in any proceedings
brought under this Act.
| ||||||
| 11 | (3) The minor or any person interested in the minor may | ||||||
| 12 | apply to the court
for a change in custody of the minor and the | ||||||
| 13 | appointment of a new custodian or
guardian of the person or for | ||||||
| 14 | the restoration of the minor to the custody of
his or her | ||||||
| 15 | parents or former guardian or custodian. In the event that the
| ||||||
| 16 | minor has
attained 18 years of age and the guardian or | ||||||
| 17 | custodian petitions the court for
an order terminating his or | ||||||
| 18 | her guardianship or custody, guardianship or legal
custody
| ||||||
| 19 | shall terminate automatically 30 days after the receipt of the | ||||||
| 20 | petition unless
the
court orders otherwise. No legal custodian | ||||||
| 21 | or guardian of the person may be
removed without his or her | ||||||
| 22 | consent until given notice and an opportunity to be
heard by | ||||||
| 23 | the court.
| ||||||
| 24 | (4) If the minor is committed to the Department of Juvenile | ||||||
| 25 | Justice under Section 5-750 of this Act, the Department shall | ||||||
| 26 | notify the court in writing of the occurrence of any of the | ||||||
| |||||||
| |||||||
| 1 | following: | ||||||
| 2 | (a) a critical incident involving a youth committed to | ||||||
| 3 | the Department; as used in this paragraph (a), "critical | ||||||
| 4 | incident" means any incident that involves a serious risk | ||||||
| 5 | to the life, health, or well-being of the youth and | ||||||
| 6 | includes, but is not limited to, an accident or suicide | ||||||
| 7 | attempt resulting in serious bodily harm or | ||||||
| 8 | hospitalization, psychiatric hospitalization, alleged or | ||||||
| 9 | suspected abuse, or escape or attempted escape from | ||||||
| 10 | custody, filed within 10 days of the occurrence; | ||||||
| 11 | (b) a youth who has been released by the Prisoner | ||||||
| 12 | Review Board but remains in a Department facility solely | ||||||
| 13 | because the youth does not have an approved aftercare | ||||||
| 14 | release host site, filed within 10 days of the occurrence; | ||||||
| 15 | (c) a youth, except a youth who has been adjudicated a | ||||||
| 16 | habitual or violent juvenile offender under Section 5-815 | ||||||
| 17 | or 5-820 of this Act or committed for first degree murder, | ||||||
| 18 | who has been held in a Department facility for over one | ||||||
| 19 | consecutive year; or | ||||||
| 20 | (d) if a report has been filed under paragraph (c) of | ||||||
| 21 | this subsection, a supplemental report shall be filed every | ||||||
| 22 | 6 months thereafter. | ||||||
| 23 | The notification required by this subsection (4) shall contain | ||||||
| 24 | a brief description of the incident or situation and a summary | ||||||
| 25 | of the youth's current physical, mental, and emotional health | ||||||
| 26 | and the actions the Department took in response to the incident | ||||||
| |||||||
| |||||||
| 1 | or to identify an aftercare release host site, as applicable. | ||||||
| 2 | Upon receipt of the notification, the court may require the | ||||||
| 3 | Department to make a full report under subsection (1) of this | ||||||
| 4 | Section. | ||||||
| 5 | (5) With respect to any report required to be filed with | ||||||
| 6 | the court under this Section, the Independent Juvenile | ||||||
| 7 | Ombudsman shall provide a copy to the minor's court appointed | ||||||
| 8 | guardian ad litem, if the Department has received written | ||||||
| 9 | notice of the appointment, and to the minor's attorney, if the | ||||||
| 10 | Department has received written notice of representation from | ||||||
| 11 | the attorney. If the Department has a record that a guardian | ||||||
| 12 | has been appointed for the minor and a record of the last known | ||||||
| 13 | address of the minor's court appointed guardian, the | ||||||
| 14 | Independent Juvenile Ombudsman shall send a notice to the | ||||||
| 15 | guardian that the report is available and will be provided by | ||||||
| 16 | the Independent Juvenile Ombudsman upon request. If the | ||||||
| 17 | Department has no record regarding the appointment of a | ||||||
| 18 | guardian for the minor, and the Department's records include | ||||||
| 19 | the last known addresses of the minor's parents, the | ||||||
| 20 | Independent Juvenile Ombudsman shall send a notice to the | ||||||
| 21 | parents that the report is available and will be provided by | ||||||
| 22 | the Independent Juvenile Ombudsman upon request. | ||||||
| 23 | (Source: P.A. 99-628, eff. 1-1-17; 99-664, eff. 1-1-17; revised | ||||||
| 24 | 10-11-16.)
| ||||||
| 25 | (705 ILCS 405/5-7A-115) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5-7A-115. Program description. The supervising | ||||||
| 2 | authority may promulgate rules that prescribe reasonable | ||||||
| 3 | guidelines under which an electronic home detention program | ||||||
| 4 | shall operate. These rules shall include, but not be limited, | ||||||
| 5 | to, the following: | ||||||
| 6 | (A) The participant shall remain within the interior | ||||||
| 7 | premises or within the property boundaries of his or her | ||||||
| 8 | residence at all times during the hours designated by the | ||||||
| 9 | supervising authority. Such instances of approved absences | ||||||
| 10 | from the home may include, but are not limited to, the | ||||||
| 11 | following: | ||||||
| 12 | (1) working or employment approved by the court or
| ||||||
| 13 | traveling to or from approved employment; | ||||||
| 14 | (2) unemployed and seeking employment approved for
| ||||||
| 15 | the participant by the court; | ||||||
| 16 | (3) undergoing medical, psychiatric, mental health
| ||||||
| 17 | treatment, counseling, or other treatment programs | ||||||
| 18 | approved for the participant by the court; | ||||||
| 19 | (4) attending an educational institution or a
| ||||||
| 20 | program approved for the participant by the court; | ||||||
| 21 | (5) attending a regularly scheduled religious
| ||||||
| 22 | service at a place of worship; | ||||||
| 23 | (6) participating in community work release or
| ||||||
| 24 | community service programs approved for the | ||||||
| 25 | participant by the supervising authority; or | ||||||
| 26 | (7) for another compelling reason consistent with
| ||||||
| |||||||
| |||||||
| 1 | the public interest, as approved by the supervising | ||||||
| 2 | authority. | ||||||
| 3 | (B) The participant shall admit any person or agent | ||||||
| 4 | designated by the supervising authority into his or her | ||||||
| 5 | residence at any time for purposes of verifying the | ||||||
| 6 | participant's compliance with the conditions of his or her | ||||||
| 7 | detention. | ||||||
| 8 | (C) The participant shall make the necessary | ||||||
| 9 | arrangements to allow for any person or agent designated by | ||||||
| 10 | the supervising authority to visit the participant's place | ||||||
| 11 | of education or employment at any time, based upon the | ||||||
| 12 | approval of the educational institution or employer or | ||||||
| 13 | both, for the purpose of verifying the participant's | ||||||
| 14 | compliance with the conditions of his or her detention. | ||||||
| 15 | (D) The participant shall acknowledge and participate | ||||||
| 16 | with the approved electronic monitoring device as | ||||||
| 17 | designated by the supervising authority at any time for the | ||||||
| 18 | purpose of verifying the participant's compliance with the | ||||||
| 19 | conditions of his or her detention. | ||||||
| 20 | (E) The participant shall maintain the following: | ||||||
| 21 | (1) a working telephone in the participant's home; | ||||||
| 22 | (2) a monitoring device in the participant's home,
| ||||||
| 23 | or on the participant's person, or both; and | ||||||
| 24 | (3) a monitoring device in the participant's home
| ||||||
| 25 | and on the participant's person in the absence of a | ||||||
| 26 | telephone. | ||||||
| |||||||
| |||||||
| 1 | (F) The participant shall obtain approval from the | ||||||
| 2 | supervising authority before the participant changes | ||||||
| 3 | residence or the schedule described in paragraph (A) of | ||||||
| 4 | this Section. | ||||||
| 5 | (G) The participant shall not commit another act that | ||||||
| 6 | if committed by an adult would constitute a crime during | ||||||
| 7 | the period of home detention ordered by the court. | ||||||
| 8 | (H) Notice to the participant that violation of the | ||||||
| 9 | order for home detention may subject the participant to an | ||||||
| 10 | adjudicatory hearing for escape as described in Section | ||||||
| 11 | 5-7A-120. | ||||||
| 12 | (I) The participant shall abide by other conditions as | ||||||
| 13 | set by the supervising authority.
| ||||||
| 14 | (Source: P.A. 96-293, eff. 1-1-10; revised 10-25-16.)
| ||||||
| 15 | (705 ILCS 405/5-915)
| ||||||
| 16 | Sec. 5-915. Expungement of juvenile law enforcement and | ||||||
| 17 | court records.
| ||||||
| 18 | (0.05) For purposes of this Section and Section 5-622: | ||||||
| 19 | "Expunge" means to physically destroy the records and | ||||||
| 20 | to obliterate the minor's name from any official index or | ||||||
| 21 | public record, or both. Nothing in this Act shall require | ||||||
| 22 | the physical destruction of the internal office records, | ||||||
| 23 | files, or databases maintained by a State's Attorney's | ||||||
| 24 | Office or other prosecutor. | ||||||
| 25 | "Law enforcement record" includes but is not limited to | ||||||
| |||||||
| |||||||
| 1 | records of arrest, station adjustments, fingerprints, | ||||||
| 2 | probation adjustments, the issuance of a notice to appear, | ||||||
| 3 | or any other records maintained by a law enforcement agency | ||||||
| 4 | relating to a minor suspected of committing an offense. | ||||||
| 5 | (1) Whenever a person has been arrested, charged, or | ||||||
| 6 | adjudicated delinquent for an incident occurring before his or | ||||||
| 7 | her 18th birthday that if committed by an adult would be an | ||||||
| 8 | offense, the
person may petition the court at any time for | ||||||
| 9 | expungement of law
enforcement records and juvenile court | ||||||
| 10 | records relating to the incident and, upon termination of all | ||||||
| 11 | juvenile
court proceedings relating to that incident, the court | ||||||
| 12 | shall order the expungement of all records in the possession of | ||||||
| 13 | the Department of State Police, the clerk of the circuit court, | ||||||
| 14 | and law enforcement agencies relating to the incident, but only | ||||||
| 15 | in any of the following circumstances:
| ||||||
| 16 | (a) the minor was arrested and no petition for | ||||||
| 17 | delinquency was filed with
the clerk of the circuit court; | ||||||
| 18 | (a-5) the minor was charged with an offense and the | ||||||
| 19 | petition or petitions were dismissed without a finding of | ||||||
| 20 | delinquency;
| ||||||
| 21 | (b) the minor was charged with an offense and was found | ||||||
| 22 | not delinquent of
that offense;
| ||||||
| 23 | (c) the minor was placed under supervision pursuant to | ||||||
| 24 | Section 5-615, and
the order of
supervision has since been | ||||||
| 25 | successfully terminated; or
| ||||||
| 26 | (d)
the minor was adjudicated for an offense which | ||||||
| |||||||
| |||||||
| 1 | would be a Class B
misdemeanor, Class C misdemeanor, or a | ||||||
| 2 | petty or business offense if committed by an adult.
| ||||||
| 3 | (1.5) Commencing 180 days after January 1, 2015 (the | ||||||
| 4 | effective date of Public Act 98-637) this amendatory Act of the | ||||||
| 5 | 98th General Assembly, the Department of State Police shall | ||||||
| 6 | automatically expunge, on or before January 1 of each year, a | ||||||
| 7 | person's law enforcement records which are not subject to | ||||||
| 8 | subsection (1) relating to incidents occurring before his or | ||||||
| 9 | her 18th birthday in the Department's possession or control and | ||||||
| 10 | which contains the final disposition which pertain to the | ||||||
| 11 | person when arrested as a minor if:
| ||||||
| 12 | (a) the minor was arrested for an eligible offense and | ||||||
| 13 | no petition for delinquency was filed with the clerk of the | ||||||
| 14 | circuit court; and | ||||||
| 15 | (b) the person attained the age of 18 years during the | ||||||
| 16 | last calendar year; and | ||||||
| 17 | (c) since the date of the minor's most recent arrest, | ||||||
| 18 | at least 6 months have elapsed without an additional | ||||||
| 19 | arrest, filing of a petition for delinquency whether | ||||||
| 20 | related or not to a previous arrest, or filing of charges | ||||||
| 21 | not initiated by arrest. | ||||||
| 22 | The Department of State Police shall allow a person to use | ||||||
| 23 | the Access and Review process, established in the Department of | ||||||
| 24 | State Police, for verifying that his or her law enforcement | ||||||
| 25 | records relating to incidents occurring before his or her 18th | ||||||
| 26 | birthday eligible under this subsection have been expunged as | ||||||
| |||||||
| |||||||
| 1 | provided in this subsection. | ||||||
| 2 | The Department of State Police shall provide by rule the | ||||||
| 3 | process for access, review, and automatic expungement. | ||||||
| 4 | (1.6) Commencing on January 1, 2015 (the effective date of | ||||||
| 5 | Public Act 98-637) this amendatory Act of the 98th General | ||||||
| 6 | Assembly, a person whose law enforcement records are not | ||||||
| 7 | subject to subsection (1) or (1.5) of this Section and who has | ||||||
| 8 | attained the age of 18 years may use the Access and Review | ||||||
| 9 | process, established in the Department of State Police, for | ||||||
| 10 | verifying his or her law enforcement records relating to | ||||||
| 11 | incidents occurring before his or her 18th birthday in the | ||||||
| 12 | Department's possession or control which pertain to the person | ||||||
| 13 | when arrested as a minor, if the incident occurred no earlier | ||||||
| 14 | than 30 years before January 1, 2015 (the effective date of | ||||||
| 15 | Public Act 98-637) this amendatory Act of the 98th General | ||||||
| 16 | Assembly. If the person identifies a law enforcement record of | ||||||
| 17 | an eligible offense that meets the requirements of this | ||||||
| 18 | subsection, paragraphs (a) and (c) of subsection (1.5) of this | ||||||
| 19 | Section, and all juvenile court proceedings related to the | ||||||
| 20 | person have been terminated, the person may file a Request for | ||||||
| 21 | Expungement of Juvenile Law Enforcement Records, in the form | ||||||
| 22 | and manner prescribed by the Department of State Police, with | ||||||
| 23 | the Department and the Department shall consider expungement of | ||||||
| 24 | the record as otherwise provided for automatic expungement | ||||||
| 25 | under subsection (1.5) of this Section. The person shall | ||||||
| 26 | provide notice and a copy of the Request for Expungement of | ||||||
| |||||||
| |||||||
| 1 | Juvenile Law Enforcement Records to the arresting agency, | ||||||
| 2 | prosecutor charged with the prosecution of the minor, or the | ||||||
| 3 | State's Attorney of the county that prosecuted the minor. The | ||||||
| 4 | Department of State Police shall provide by rule the process | ||||||
| 5 | for access, review, and Request for Expungement of Juvenile Law | ||||||
| 6 | Enforcement Records. | ||||||
| 7 | (1.7) Nothing in subsections (1.5) and (1.6) of this | ||||||
| 8 | Section precludes a person from filing a petition under | ||||||
| 9 | subsection (1) for expungement of records subject to automatic | ||||||
| 10 | expungement under that subsection (1) or subsection (1.5) or | ||||||
| 11 | (1.6) of this Section. | ||||||
| 12 | (1.8) For the purposes of subsections (1.5) and (1.6) of | ||||||
| 13 | this Section, "eligible offense" means records relating to an | ||||||
| 14 | arrest or incident occurring before the person's 18th birthday | ||||||
| 15 | that if committed by an adult is not an offense classified as a | ||||||
| 16 | Class 2 felony or higher offense, an offense under Article 11 | ||||||
| 17 | of the Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
| 18 | an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 | ||||||
| 19 | of the Criminal Code of 1961. | ||||||
| 20 | (2) Any person may petition the court to expunge all law | ||||||
| 21 | enforcement records
relating to any
incidents occurring before | ||||||
| 22 | his or her 18th birthday which did not result in
proceedings in | ||||||
| 23 | criminal court and all juvenile court records with respect to
| ||||||
| 24 | any adjudications except those based upon first degree
murder | ||||||
| 25 | and
sex offenses which would be felonies if committed by an | ||||||
| 26 | adult, if the person
for whom expungement is sought has had no
| ||||||
| |||||||
| |||||||
| 1 | convictions for any crime since his or her 18th birthday and:
| ||||||
| 2 | (a) has attained the age of 21 years; or
| ||||||
| 3 | (b) 5 years have elapsed since all juvenile court | ||||||
| 4 | proceedings relating to
him or her have been terminated or | ||||||
| 5 | his or her commitment to the Department of
Juvenile Justice
| ||||||
| 6 | pursuant to this Act has been terminated;
| ||||||
| 7 | whichever is later of (a) or (b). Nothing in this Section 5-915 | ||||||
| 8 | precludes a minor from obtaining expungement under Section | ||||||
| 9 | 5-622. | ||||||
| 10 | (2.5) If a minor is arrested and no petition for | ||||||
| 11 | delinquency is filed with the clerk of the circuit court as | ||||||
| 12 | provided in paragraph (a) of subsection (1) at the time the | ||||||
| 13 | minor is released from custody, the youth officer, if | ||||||
| 14 | applicable, or other designated person from the arresting | ||||||
| 15 | agency, shall notify verbally and in writing to the minor or | ||||||
| 16 | the minor's parents or guardians that the minor has a right to | ||||||
| 17 | petition to have his or her arrest record expunged when all | ||||||
| 18 | juvenile court proceedings relating to that minor have been | ||||||
| 19 | terminated and that unless a petition to expunge is filed, the | ||||||
| 20 | minor shall have an arrest record and shall provide the minor | ||||||
| 21 | and the minor's parents or guardians with an expungement | ||||||
| 22 | information packet, including a petition to expunge juvenile | ||||||
| 23 | records obtained from the clerk of the circuit court. | ||||||
| 24 | (2.6) If a minor is charged with an offense and is found | ||||||
| 25 | not delinquent of that offense; or if a minor is placed under | ||||||
| 26 | supervision under Section 5-615, and the order of supervision | ||||||
| |||||||
| |||||||
| 1 | is successfully terminated; or if a minor is adjudicated for an | ||||||
| 2 | offense that would be a Class B misdemeanor, a Class C | ||||||
| 3 | misdemeanor, or a business or petty offense if committed by an | ||||||
| 4 | adult; or if a minor has incidents occurring before his or her | ||||||
| 5 | 18th birthday that have not resulted in proceedings in criminal | ||||||
| 6 | court, or resulted in proceedings in juvenile court, and the | ||||||
| 7 | adjudications were not based upon first degree murder or sex | ||||||
| 8 | offenses that would be felonies if committed by an adult; then | ||||||
| 9 | at the time of sentencing or dismissal of the case, the judge | ||||||
| 10 | shall inform the delinquent minor of his or her right to | ||||||
| 11 | petition for expungement as provided by law, and the clerk of | ||||||
| 12 | the circuit court shall provide an expungement information | ||||||
| 13 | packet to the delinquent minor, written in plain language, | ||||||
| 14 | including a petition for expungement, a sample of a completed | ||||||
| 15 | petition, expungement instructions that shall include | ||||||
| 16 | information informing the minor that (i) once the case is | ||||||
| 17 | expunged, it shall be treated as if it never occurred, (ii) he | ||||||
| 18 | or she may apply to have petition fees waived, (iii) once he or | ||||||
| 19 | she obtains an expungement, he or she may not be required to | ||||||
| 20 | disclose that he or she had a juvenile record, and (iv) he or | ||||||
| 21 | she may file the petition on his or her own or with the | ||||||
| 22 | assistance of an attorney. The failure of the judge to inform | ||||||
| 23 | the delinquent minor of his or her right to petition for | ||||||
| 24 | expungement as provided by law does not create a substantive | ||||||
| 25 | right, nor is that failure grounds for: (i) a reversal of an | ||||||
| 26 | adjudication of delinquency, (ii) a new trial; or (iii) an | ||||||
| |||||||
| |||||||
| 1 | appeal. | ||||||
| 2 | (2.7) For counties with a population over 3,000,000, the | ||||||
| 3 | clerk of the circuit court shall send a "Notification of a | ||||||
| 4 | Possible Right to Expungement" post card to the minor at the | ||||||
| 5 | address last received by the clerk of the circuit court on the | ||||||
| 6 | date that the minor attains the age of 18 based on the | ||||||
| 7 | birthdate provided to the court by the minor or his or her | ||||||
| 8 | guardian in cases under paragraphs (b), (c), and (d) of | ||||||
| 9 | subsection (1); and when the minor attains the age of 21 based | ||||||
| 10 | on the birthdate provided to the court by the minor or his or | ||||||
| 11 | her guardian in cases under subsection (2). | ||||||
| 12 | (2.8) The petition for expungement for subsection (1) may | ||||||
| 13 | include multiple offenses on the same petition and shall be | ||||||
| 14 | substantially in the following form: | ||||||
| 15 | IN THE CIRCUIT COURT OF ......, ILLINOIS
| ||||||
| 16 | ........ JUDICIAL CIRCUIT
| ||||||
| 17 | IN THE INTEREST OF ) NO.
| ||||||
| 18 | )
| ||||||
| 19 | )
| ||||||
| 20 | ...................)
| ||||||
| 21 | (Name of Petitioner)
| ||||||
| 22 | PETITION TO EXPUNGE JUVENILE RECORDS | ||||||
| 23 | (705 ILCS 405/5-915 (SUBSECTION 1)) | ||||||
| 24 | Now comes ............., petitioner, and respectfully requests
| ||||||
| |||||||
| |||||||
| 1 | that this Honorable Court enter an order expunging all juvenile | ||||||
| 2 | law enforcement and court records of petitioner and in support | ||||||
| 3 | thereof states that:
Petitioner has attained the age of ...., | ||||||
| 4 | his/her birth date being ......, or all
Juvenile Court | ||||||
| 5 | proceedings terminated as of ......, whichever occurred later.
| ||||||
| 6 | Petitioner was arrested on ..... by the ....... Police | ||||||
| 7 | Department for the offense or offenses of ......., and:
| ||||||
| 8 | (Check All That Apply:)
| ||||||
| 9 | ( ) a. no petition or petitions were filed with the Clerk of | ||||||
| 10 | the Circuit Court. | ||||||
| 11 | ( ) b. was charged with ...... and was found not delinquent
of | ||||||
| 12 | the offense or offenses. | ||||||
| 13 | ( ) c. a petition or petitions were filed and the petition or | ||||||
| 14 | petitions were dismissed without a finding of delinquency on | ||||||
| 15 | ..... | ||||||
| 16 | ( ) d. on ....... placed under supervision pursuant to Section | ||||||
| 17 | 5-615 of the Juvenile Court Act of 1987 and such order of | ||||||
| 18 | supervision successfully terminated on ........ | ||||||
| 19 | ( ) e. was adjudicated for the offense or offenses, which would | ||||||
| 20 | have been a Class B misdemeanor, a Class C misdemeanor, or a | ||||||
| 21 | petty offense or business offense if committed by an adult.
| ||||||
| 22 | Petitioner .... has .... has not been arrested on charges in | ||||||
| 23 | this or any county other than the charges listed above. If | ||||||
| 24 | petitioner has been arrested on additional charges, please list | ||||||
| 25 | the charges below:
| ||||||
| 26 | Charge(s): ...... | ||||||
| |||||||
| |||||||
| 1 | Arresting Agency or Agencies: ........... | ||||||
| 2 | Disposition/Result: (choose from a. through e., above): .....
| ||||||
| 3 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
| 4 | Court to (1) order all law enforcement agencies to expunge all | ||||||
| 5 | records of petitioner to this incident or incidents, and (2) to | ||||||
| 6 | order the Clerk of the Court to expunge all records concerning | ||||||
| 7 | the petitioner regarding this incident or incidents.
| ||||||
| 8 | ......................
| ||||||
| 9 | Petitioner (Signature)
| ||||||
| 10 | ..........................
| ||||||
| 11 | Petitioner's Street Address | ||||||
| 12 | .....................
| ||||||
| 13 | City, State, Zip Code | ||||||
| 14 | ............................. | ||||||
| 15 | Petitioner's Telephone Number | ||||||
| 16 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
| 17 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
| 18 | statements in this petition are true and correct, or on | ||||||
| 19 | information and belief I believe the same to be true.
| ||||||
| 20 | ...................... | ||||||
| |||||||
| |||||||
| 1 | Petitioner (Signature)
| ||||||
| 2 | The Petition for Expungement for subsection (2) shall be | ||||||
| 3 | substantially in the following form:
| ||||||
| 4 | IN THE CIRCUIT COURT OF ........, ILLINOIS | ||||||
| 5 | ........ JUDICIAL CIRCUIT | ||||||
| 6 | IN THE INTEREST OF ) NO.
| ||||||
| 7 | )
| ||||||
| 8 | )
| ||||||
| 9 | ...................)
| ||||||
| 10 | (Name of Petitioner)
| ||||||
| 11 | PETITION TO EXPUNGE JUVENILE RECORDS
| ||||||
| 12 | (705 ILCS 405/5-915 (SUBSECTION 2))
| ||||||
| 13 | (Please prepare a separate petition for each offense)
| ||||||
| 14 | Now comes ............, petitioner, and respectfully requests | ||||||
| 15 | that this Honorable Court enter an order expunging all Juvenile | ||||||
| 16 | Law Enforcement and Court records of petitioner and in support | ||||||
| 17 | thereof states that: | ||||||
| 18 | The incident for which the Petitioner seeks expungement | ||||||
| 19 | occurred before the Petitioner's 18th birthday and did not | ||||||
| 20 | result in proceedings in criminal court and the Petitioner has | ||||||
| 21 | not had any convictions for any crime since his/her 18th | ||||||
| 22 | birthday; and
| ||||||
| 23 | The incident for which the Petitioner seeks expungement | ||||||
| |||||||
| |||||||
| 1 | occurred before the Petitioner's 18th birthday and the | ||||||
| 2 | adjudication was not based upon first degree first-degree | ||||||
| 3 | murder or sex offenses which would be felonies if committed by | ||||||
| 4 | an adult, and the Petitioner has not had any convictions for | ||||||
| 5 | any crime since his/her 18th birthday. | ||||||
| 6 | Petitioner was arrested on ...... by the ....... Police | ||||||
| 7 | Department for the offense of ........, and: | ||||||
| 8 | (Check whichever one occurred the latest:) | ||||||
| 9 | ( ) a. The Petitioner has attained the age of 21 years, his/her | ||||||
| 10 | birthday being .......; or | ||||||
| 11 | ( ) b. 5 years have elapsed since all juvenile court | ||||||
| 12 | proceedings relating to the Petitioner have been terminated; or | ||||||
| 13 | the Petitioner's commitment to the Department of Juvenile | ||||||
| 14 | Justice
pursuant to the expungement of juvenile law enforcement | ||||||
| 15 | and court records provisions of the Juvenile Court Act of 1987 | ||||||
| 16 | has been terminated.
Petitioner ...has ...has not been arrested | ||||||
| 17 | on charges in this or any other county other than the charge | ||||||
| 18 | listed above. If petitioner has been arrested on additional | ||||||
| 19 | charges, please list the charges below: | ||||||
| 20 | Charge(s): .......... | ||||||
| 21 | Arresting Agency or Agencies: ....... | ||||||
| 22 | Disposition/Result: (choose from a or b, above): .......... | ||||||
| 23 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
| 24 | Court to (1) order all law enforcement agencies to expunge all | ||||||
| 25 | records of petitioner related to this incident, and (2) to | ||||||
| 26 | order the Clerk of the Court to expunge all records concerning | ||||||
| |||||||
| |||||||
| 1 | the petitioner regarding this incident.
| ||||||
| 2 | .......................
| ||||||
| 3 | Petitioner (Signature) | ||||||
| 4 | ...................... | ||||||
| 5 | Petitioner's Street Address
| ||||||
| 6 | ..................... | ||||||
| 7 | City, State, Zip Code | ||||||
| 8 | ............................. | ||||||
| 9 | Petitioner's Telephone Number
| ||||||
| 10 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
| 11 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
| 12 | statements in this petition are true and correct, or on | ||||||
| 13 | information and belief I believe the same to be true. | ||||||
| 14 | ...................... | ||||||
| 15 | Petitioner (Signature)
| ||||||
| 16 | (3) The chief judge of the circuit in which an arrest was | ||||||
| 17 | made or a charge
was brought or any
judge of that circuit | ||||||
| 18 | designated by the chief judge
may, upon verified petition
of a | ||||||
| 19 | person who is the subject of an arrest or a juvenile court | ||||||
| 20 | proceeding
under subsection (1) or (2) of this Section, order | ||||||
| 21 | the law enforcement
records or official court file, or both, to | ||||||
| 22 | be expunged from the official
records of the arresting | ||||||
| |||||||
| |||||||
| 1 | authority, the clerk of the circuit court and the
Department of | ||||||
| 2 | State Police. The person whose records are to be expunged shall | ||||||
| 3 | petition the court using the appropriate form containing his or | ||||||
| 4 | her current address and shall promptly notify the clerk of the | ||||||
| 5 | circuit court of any change of address. Notice
of the petition | ||||||
| 6 | shall be served upon the State's Attorney or prosecutor charged | ||||||
| 7 | with the duty of prosecuting the offense, the Department of | ||||||
| 8 | State Police, and the arresting agency or agencies by the clerk | ||||||
| 9 | of the circuit court. If an objection is filed within 45
days | ||||||
| 10 | of the notice of the petition, the clerk of the circuit court | ||||||
| 11 | shall set a date for hearing after the 45-day 45
day objection | ||||||
| 12 | period. At the hearing the court shall hear evidence on whether | ||||||
| 13 | the expungement should or should not be granted. Unless the | ||||||
| 14 | State's Attorney or prosecutor, the Department of State Police, | ||||||
| 15 | or an arresting agency objects to the expungement within 45
| ||||||
| 16 | days of the notice, the court may enter an order granting | ||||||
| 17 | expungement. The clerk shall forward a certified copy of the | ||||||
| 18 | order to the Department of State Police and deliver a certified | ||||||
| 19 | copy of the order to the arresting agency.
| ||||||
| 20 | (3.1) The Notice of Expungement shall be in substantially | ||||||
| 21 | the following form: | ||||||
| 22 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
| 23 | .... JUDICIAL CIRCUIT
| ||||||
| 24 | IN THE INTEREST OF ) NO.
| ||||||
| 25 | )
| ||||||
| |||||||
| |||||||
| 1 | )
| ||||||
| 2 | ...................)
| ||||||
| 3 | (Name of Petitioner)
| ||||||
| 4 | NOTICE
| ||||||
| 5 | TO: State's Attorney
| ||||||
| 6 | TO: Arresting Agency
| ||||||
| 7 |
| ||||||
| 8 | ................
| ||||||
| 9 | ................
| ||||||
| 10 |
| ||||||
| 11 | ................
| ||||||
| 12 | ................
| ||||||
| 13 | TO: Illinois State Police
| ||||||
| 14 |
| ||||||
| 15 | .....................
| ||||||
| 16 |
| ||||||
| 17 | .....................
| ||||||
| 18 | ATTENTION: Expungement
| ||||||
| 19 | You are hereby notified that on ....., at ....., in courtroom | ||||||
| 20 | ..., located at ..., before the Honorable ..., Judge, or any | ||||||
| 21 | judge sitting in his/her stead, I shall then and there present | ||||||
| 22 | a Petition to Expunge Juvenile records in the above-entitled | ||||||
| 23 | matter, at which time and place you may appear. | ||||||
| 24 | ...................... | ||||||
| 25 | Petitioner's Signature | ||||||
| |||||||
| |||||||
| 1 | ...........................
| ||||||
| 2 | Petitioner's Street Address | ||||||
| 3 | .....................
| ||||||
| 4 | City, State, Zip Code | ||||||
| 5 | ............................. | ||||||
| 6 | Petitioner's Telephone Number | ||||||
| 7 | PROOF OF SERVICE
| ||||||
| 8 | On the ....... day of ......, 20..., I on oath state that I | ||||||
| 9 | served this notice and true and correct copies of the | ||||||
| 10 | above-checked documents by: | ||||||
| 11 | (Check One:) | ||||||
| 12 | delivering copies personally to each entity to whom they are | ||||||
| 13 | directed; | ||||||
| 14 | or | ||||||
| 15 | by mailing copies to each entity to whom they are directed by | ||||||
| 16 | depositing the same in the U.S. Mail, proper postage fully | ||||||
| 17 | prepaid, before the hour of 5:00 p.m., at the United States | ||||||
| 18 | Postal Depository located at ................. | ||||||
| 19 | .........................................
| ||||||
| 20 |
| ||||||
| 21 | Signature | ||||||
| 22 | Clerk of the Circuit Court or Deputy Clerk | ||||||
| 23 | Printed Name of Delinquent Minor/Petitioner: .... | ||||||
| 24 | Address: ........................................ | ||||||
| 25 | Telephone Number: ............................... | ||||||
| 26 | (3.2) The Order of Expungement shall be in substantially | ||||||
| |||||||
| |||||||
| 1 | the following form: | ||||||
| 2 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
| 3 | .... JUDICIAL CIRCUIT
| ||||||
| 4 | IN THE INTEREST OF ) NO.
| ||||||
| 5 | )
| ||||||
| 6 | )
| ||||||
| 7 | ...................)
| ||||||
| 8 | (Name of Petitioner)
| ||||||
| 9 | DOB ................ | ||||||
| 10 | Arresting Agency/Agencies ...... | ||||||
| 11 | ORDER OF EXPUNGEMENT
| ||||||
| 12 | (705 ILCS 405/5-915 (SUBSECTION 3))
| ||||||
| 13 | This matter having been heard on the petitioner's motion and | ||||||
| 14 | the court being fully advised in the premises does find that | ||||||
| 15 | the petitioner is indigent or has presented reasonable cause to | ||||||
| 16 | waive all costs in this matter, IT IS HEREBY ORDERED that: | ||||||
| 17 | ( ) 1. Clerk of Court and Department of State Police costs | ||||||
| 18 | are hereby waived in this matter. | ||||||
| 19 | ( ) 2. The Illinois State Police Bureau of Identification | ||||||
| 20 | and the following law enforcement agencies expunge all records | ||||||
| 21 | of petitioner relating to an arrest dated ...... for the | ||||||
| 22 | offense of ...... | ||||||
| 23 | Law Enforcement Agencies:
| ||||||
| 24 | .........................
| ||||||
| |||||||
| |||||||
| 1 | .........................
| ||||||
| 2 | ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | ||||||
| 3 | Court expunge all records regarding the above-captioned case. | ||||||
| 4 | ENTER: ......................
| ||||||
| 5 |
| ||||||
| 6 | JUDGE | ||||||
| 7 | DATED: ....... | ||||||
| 8 | Name:
| ||||||
| 9 | Attorney for:
| ||||||
| 10 | Address:
City/State/Zip:
| ||||||
| 11 | Attorney Number: | ||||||
| 12 | (3.3) The Notice of Objection shall be in substantially the | ||||||
| 13 | following form: | ||||||
| 14 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
| 15 | ....................... JUDICIAL CIRCUIT
| ||||||
| 16 | IN THE INTEREST OF ) NO.
| ||||||
| 17 | )
| ||||||
| 18 | )
| ||||||
| 19 | ...................)
| ||||||
| 20 | (Name of Petitioner)
| ||||||
| 21 | NOTICE OF OBJECTION
| ||||||
| 22 | TO:(Attorney, Public Defender, Minor)
| ||||||
| 23 | .................................
| ||||||
| 24 | .................................
| ||||||
| |||||||
| |||||||
| 1 | TO:(Illinois State Police)
| ||||||
| 2 | .................................
| ||||||
| 3 | ................................. | ||||||
| 4 | TO:(Clerk of the Court)
| ||||||
| 5 | .................................
| ||||||
| 6 | .................................
| ||||||
| 7 | TO:(Judge)
| ||||||
| 8 | .................................
| ||||||
| 9 | .................................
| ||||||
| 10 | TO:(Arresting Agency/Agencies)
| ||||||
| 11 | .................................
| ||||||
| 12 | ................................. | ||||||
| 13 | ATTENTION:
You are hereby notified that an objection has been | ||||||
| 14 | filed by the following entity regarding the above-named minor's | ||||||
| 15 | petition for expungement of juvenile records: | ||||||
| 16 | ( ) State's Attorney's Office;
| ||||||
| 17 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
| 18 | with the duty of prosecuting the offense sought to be expunged;
| ||||||
| 19 | ( ) Department of Illinois State Police; or
| ||||||
| 20 | ( ) Arresting Agency or Agencies.
| ||||||
| 21 | The agency checked above respectfully requests that this case | ||||||
| 22 | be continued and set for hearing on whether the expungement | ||||||
| 23 | should or should not be granted.
| ||||||
| 24 | DATED: ....... | ||||||
| 25 | Name: | ||||||
| 26 | Attorney For:
| ||||||
| |||||||
| |||||||
| 1 | Address: | ||||||
| 2 | City/State/Zip:
| ||||||
| 3 | Telephone:
| ||||||
| 4 | Attorney No.:
| ||||||
| 5 | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
| ||||||
| 6 | This matter has been set for hearing on the foregoing | ||||||
| 7 | objection, on ...... in room ...., located at ....., before the | ||||||
| 8 | Honorable ....., Judge, or any judge sitting in his/her stead.
| ||||||
| 9 | (Only one hearing shall be set, regardless of the number of | ||||||
| 10 | Notices of Objection received on the same case).
| ||||||
| 11 | A copy of this completed Notice of Objection containing the | ||||||
| 12 | court date, time, and location, has been sent via regular U.S. | ||||||
| 13 | Mail to the following entities. (If more than one Notice of | ||||||
| 14 | Objection is received on the same case, each one must be | ||||||
| 15 | completed with the court date, time and location and mailed to | ||||||
| 16 | the following entities):
| ||||||
| 17 | ( ) Attorney, Public Defender or Minor;
| ||||||
| 18 | ( ) State's Attorney's Office; | ||||||
| 19 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
| 20 | with the duty of prosecuting the offense sought to be expunged; | ||||||
| 21 | ( ) Department of Illinois State Police; and | ||||||
| 22 | ( ) Arresting agency or agencies.
| ||||||
| 23 | Date: ...... | ||||||
| 24 | Initials of Clerk completing this section: .....
| ||||||
| 25 | (4) Upon entry of an order expunging records or files, the | ||||||
| 26 | offense, which
the records or files concern shall be treated as | ||||||
| |||||||
| |||||||
| 1 | if it never occurred. Law
enforcement officers and other public | ||||||
| 2 | offices and agencies shall properly reply
on inquiry that no | ||||||
| 3 | record or file exists with respect to the
person.
| ||||||
| 4 | (5) Records which have not been expunged are sealed, and | ||||||
| 5 | may be obtained
only under the provisions of Sections 5-901, | ||||||
| 6 | 5-905, and 5-915.
| ||||||
| 7 | (6) Nothing in this Section shall be construed to prohibit | ||||||
| 8 | the maintenance
of information relating to an offense after | ||||||
| 9 | records or files concerning the
offense have been expunged if | ||||||
| 10 | the information is kept in a manner that does not
enable | ||||||
| 11 | identification of the offender. This information may only be | ||||||
| 12 | used for
statistical and bona fide research purposes. | ||||||
| 13 | (6.5) The Department of State Police or any employee of the | ||||||
| 14 | Department shall be immune from civil or criminal liability for | ||||||
| 15 | failure to expunge any records of arrest that are subject to | ||||||
| 16 | expungement under subsection (1.5) or (1.6) of this Section | ||||||
| 17 | because of inability to verify a record. Nothing in subsection | ||||||
| 18 | (1.5) or (1.6) of this Section shall create Department of State | ||||||
| 19 | Police liability or responsibility for the expungement of law | ||||||
| 20 | enforcement records it does not possess. | ||||||
| 21 | (7)(a) The State Appellate Defender shall establish, | ||||||
| 22 | maintain, and carry out, by December 31, 2004, a juvenile | ||||||
| 23 | expungement program
to provide information and assistance to | ||||||
| 24 | minors eligible to have their juvenile records expunged.
| ||||||
| 25 | (b) The State Appellate Defender shall develop brochures, | ||||||
| 26 | pamphlets, and
other
materials in
printed form and through the | ||||||
| |||||||
| |||||||
| 1 | agency's World Wide Web site. The pamphlets and
other materials | ||||||
| 2 | shall
include at a minimum the following information:
| ||||||
| 3 | (i) An explanation of the State's juvenile expungement | ||||||
| 4 | process; | ||||||
| 5 | (ii) The circumstances under which juvenile | ||||||
| 6 | expungement may occur; | ||||||
| 7 | (iii) The juvenile offenses that may be expunged; | ||||||
| 8 | (iv) The steps necessary to initiate and complete the | ||||||
| 9 | juvenile expungement process;
and | ||||||
| 10 | (v) Directions on how to contact the State Appellate | ||||||
| 11 | Defender. | ||||||
| 12 | (c) The State Appellate Defender shall establish and | ||||||
| 13 | maintain a statewide
toll-free telephone
number that a person | ||||||
| 14 | may use to receive information or assistance concerning
the | ||||||
| 15 | expungement of juvenile records. The State Appellate
Defender | ||||||
| 16 | shall advertise
the toll-free telephone number statewide. The | ||||||
| 17 | State Appellate Defender shall
develop an expungement
| ||||||
| 18 | information packet that may be sent to eligible persons seeking | ||||||
| 19 | expungement of
their juvenile records,
which may include, but | ||||||
| 20 | is not limited to, a pre-printed expungement petition
with | ||||||
| 21 | instructions on how
to complete the petition and a pamphlet | ||||||
| 22 | containing information that would
assist individuals through
| ||||||
| 23 | the juvenile expungement process. | ||||||
| 24 | (d) The State Appellate Defender shall compile a statewide | ||||||
| 25 | list of volunteer
attorneys willing
to assist eligible | ||||||
| 26 | individuals through the juvenile expungement process. | ||||||
| |||||||
| |||||||
| 1 | (e) This Section shall be implemented from funds | ||||||
| 2 | appropriated by the General
Assembly to the State
Appellate | ||||||
| 3 | Defender
for this purpose. The State Appellate Defender shall | ||||||
| 4 | employ the necessary staff
and adopt the
necessary rules for | ||||||
| 5 | implementation of this Section. | ||||||
| 6 | (8)(a) Except with respect to law enforcement agencies, the | ||||||
| 7 | Department of Corrections, State's Attorneys, or other | ||||||
| 8 | prosecutors, an expunged juvenile record may not be considered | ||||||
| 9 | by any private or public entity in employment matters, | ||||||
| 10 | certification, licensing, revocation of certification or | ||||||
| 11 | licensure, or registration. Applications for employment must | ||||||
| 12 | contain specific language that states that the applicant is not | ||||||
| 13 | obligated to disclose expunged juvenile records of conviction | ||||||
| 14 | or arrest. Employers may not ask if an applicant has had a | ||||||
| 15 | juvenile record expunged. Effective January 1, 2005, the | ||||||
| 16 | Department of Labor shall develop a link on the Department's | ||||||
| 17 | website to inform employers that employers may not ask if an | ||||||
| 18 | applicant had a juvenile record expunged and that application | ||||||
| 19 | for employment must contain specific language that states that | ||||||
| 20 | the applicant is not obligated to disclose expunged juvenile | ||||||
| 21 | records of arrest or conviction. | ||||||
| 22 | (b) A person whose juvenile records have been expunged is | ||||||
| 23 | not entitled to remission of any fines, costs, or other money | ||||||
| 24 | paid as a consequence of expungement. Public Act 93-912 This | ||||||
| 25 | amendatory Act of the 93rd General Assembly does not affect the | ||||||
| 26 | right of the victim of a crime to prosecute or defend a civil | ||||||
| |||||||
| |||||||
| 1 | action for damages.
| ||||||
| 2 | (c) The expungement of juvenile records under Section 5-622 | ||||||
| 3 | shall be funded by the additional fine imposed under Section | ||||||
| 4 | 5-9-1.17 of the Unified Code of Corrections and additional | ||||||
| 5 | appropriations made by the General Assembly for such purpose. | ||||||
| 6 | (9) The changes made to this Section by Public Act 98-61 | ||||||
| 7 | apply to law enforcement records of a minor who has been | ||||||
| 8 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
| 9 | effective date of Public Act 98-61). | ||||||
| 10 | (10) The changes made in subsection (1.5) of this Section | ||||||
| 11 | by Public Act 98-637 this amendatory Act of the 98th General | ||||||
| 12 | Assembly apply to law enforcement records of a minor who has | ||||||
| 13 | been arrested or taken into custody on or after January 1, | ||||||
| 14 | 2015. The changes made in subsection (1.6) of this Section by | ||||||
| 15 | Public Act 98-637 this amendatory Act of the 98th General | ||||||
| 16 | Assembly apply to law enforcement records of a minor who has | ||||||
| 17 | been arrested or taken into custody before January 1, 2015. | ||||||
| 18 | (Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756, | ||||||
| 19 | eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised | ||||||
| 20 | 9-2-16.)
| ||||||
| 21 | Section 665. The Criminal Code of 2012 is amended by | ||||||
| 22 | changing Sections 17-2, 24-1.6, 24-2, and 32-14 as follows:
| ||||||
| 23 | (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
| ||||||
| 24 | Sec. 17-2. False personation; solicitation. | ||||||
| |||||||
| |||||||
| 1 | (a) False personation; solicitation. | ||||||
| 2 | (1) A person commits a false personation when he or she | ||||||
| 3 | knowingly and falsely represents
himself or herself to be a | ||||||
| 4 | member or representative of any
veterans' or public safety | ||||||
| 5 | personnel organization
or a representative of
any | ||||||
| 6 | charitable organization, or when he or she knowingly | ||||||
| 7 | exhibits or uses in any manner
any decal, badge or insignia | ||||||
| 8 | of any
charitable, public safety personnel, or veterans' | ||||||
| 9 | organization
when not authorized to
do so by the
| ||||||
| 10 | charitable, public safety personnel, or veterans' | ||||||
| 11 | organization.
"Public safety personnel organization" has | ||||||
| 12 | the meaning ascribed to that term
in Section 1 of the | ||||||
| 13 | Solicitation for Charity Act.
| ||||||
| 14 | (2) A person commits a false personation when he or she | ||||||
| 15 | knowingly and falsely
represents himself or herself to be a | ||||||
| 16 | veteran in seeking employment or
public office.
In this | ||||||
| 17 | paragraph, "veteran" means a person who has served in the
| ||||||
| 18 | Armed Services or Reserve
Forces of the United States.
| ||||||
| 19 | (2.1) A person commits a false personation when he or | ||||||
| 20 | she knowingly and falsely
represents himself or herself to | ||||||
| 21 | be: | ||||||
| 22 | (A) an active-duty member of the Armed Services or | ||||||
| 23 | Reserve
Forces of the United States or the National | ||||||
| 24 | Guard or a veteran of the Armed Services or Reserve
| ||||||
| 25 | Forces of the United States or the National Guard; and | ||||||
| 26 | (B) obtains money, property, or another tangible | ||||||
| |||||||
| |||||||
| 1 | benefit through that false representation. | ||||||
| 2 | In this paragraph, "member of the Armed Services or | ||||||
| 3 | Reserve
Forces of the United States" means a member of the | ||||||
| 4 | United States Navy, Army, Air Force, Marine Corps, or Coast | ||||||
| 5 | Guard; and "veteran" means a person who has served in the
| ||||||
| 6 | Armed Services or Reserve
Forces of the United States or | ||||||
| 7 | the National Guard. | ||||||
| 8 | (2.5) A person commits a false personation when he or | ||||||
| 9 | she knowingly and falsely represents himself or herself to | ||||||
| 10 | be: | ||||||
| 11 | (A) another actual person and does an act in such | ||||||
| 12 | assumed character with intent to intimidate, threaten, | ||||||
| 13 | injure, defraud, or to obtain a benefit from another; | ||||||
| 14 | or | ||||||
| 15 | (B) a representative of an actual person or | ||||||
| 16 | organization and does an act in such false capacity | ||||||
| 17 | with intent to obtain a benefit or to injure or defraud | ||||||
| 18 | another. | ||||||
| 19 | (3) No person shall knowingly use the words "Police", | ||||||
| 20 | "Police
Department", "Patrolman", "Sergeant", | ||||||
| 21 | "Lieutenant",
"Peace Officer", "Sheriff's Police", | ||||||
| 22 | "Sheriff", "Officer", "Law Enforcement", "Trooper", | ||||||
| 23 | "Deputy", "Deputy Sheriff", "State Police",
or
any other | ||||||
| 24 | words to the same effect (i) in the title
of any | ||||||
| 25 | organization, magazine, or other publication without the | ||||||
| 26 | express
approval of the named public safety personnel | ||||||
| |||||||
| |||||||
| 1 | organization's governing board or (ii) in combination with | ||||||
| 2 | the name of any state, state agency, public university, or | ||||||
| 3 | unit of local government without the express written | ||||||
| 4 | authorization of that state, state agency, public | ||||||
| 5 | university, or unit of local government.
| ||||||
| 6 | (4) No person may knowingly claim or represent that he | ||||||
| 7 | or she is acting on behalf
of
any public safety personnel | ||||||
| 8 | organization when soliciting financial contributions or | ||||||
| 9 | selling or
delivering or offering
to sell or deliver any | ||||||
| 10 | merchandise, goods, services, memberships, or
| ||||||
| 11 | advertisements unless the
chief of the police department, | ||||||
| 12 | fire department, and the
corporate or municipal authority | ||||||
| 13 | thereof,
or the sheriff has first
entered into a written
| ||||||
| 14 | agreement with the person or with an organization with | ||||||
| 15 | which the person is
affiliated and the
agreement permits | ||||||
| 16 | the activity and specifies and states clearly and fully the | ||||||
| 17 | purpose for which the proceeds of the solicitation, | ||||||
| 18 | contribution, or sale will be used.
| ||||||
| 19 | (5) No person, when soliciting financial contributions | ||||||
| 20 | or selling or
delivering or offering
to sell or deliver any | ||||||
| 21 | merchandise, goods, services, memberships, or
| ||||||
| 22 | advertisements may claim
or represent that he or she is | ||||||
| 23 | representing or acting on behalf of any
nongovernmental
| ||||||
| 24 | organization by any name which includes "officer", "peace | ||||||
| 25 | officer", "police",
"law
enforcement", "trooper", | ||||||
| 26 | "sheriff", "deputy", "deputy sheriff", "State police",
or | ||||||
| |||||||
| |||||||
| 1 | any other word
or words which would reasonably be | ||||||
| 2 | understood to imply that the organization is
composed of
| ||||||
| 3 | law enforcement personnel unless: | ||||||
| 4 | (A) the person is actually representing or acting
| ||||||
| 5 | on behalf of the
nongovernmental organization; | ||||||
| 6 | (B) the nongovernmental organization is
controlled | ||||||
| 7 | by and
governed by a membership of and represents a | ||||||
| 8 | group or association of active
duty peace officers,
| ||||||
| 9 | retired peace officers, or injured peace officers; and | ||||||
| 10 | (C) before commencing the
solicitation or the
sale | ||||||
| 11 | or the offers to sell any merchandise, goods, services, | ||||||
| 12 | memberships, or
advertisements, a
written contract | ||||||
| 13 | between the soliciting or selling person and the
| ||||||
| 14 | nongovernmental
organization, which specifies and | ||||||
| 15 | states clearly and fully the purposes for which the | ||||||
| 16 | proceeds of the solicitation, contribution, or sale | ||||||
| 17 | will be used, has been entered into.
| ||||||
| 18 | (6) No person, when soliciting financial contributions | ||||||
| 19 | or selling or
delivering or
offering to sell or deliver any | ||||||
| 20 | merchandise, goods, services, memberships, or
| ||||||
| 21 | advertisements,
may knowingly claim or represent that he or | ||||||
| 22 | she is representing or acting on behalf of
any | ||||||
| 23 | nongovernmental
organization by any name which includes | ||||||
| 24 | the term "fireman", "fire fighter",
"paramedic", or any
| ||||||
| 25 | other word or words which would reasonably be understood to | ||||||
| 26 | imply that the
organization is
composed of fire fighter or | ||||||
| |||||||
| |||||||
| 1 | paramedic personnel unless: | ||||||
| 2 | (A) the person is actually
representing or
acting | ||||||
| 3 | on behalf of the nongovernmental organization; | ||||||
| 4 | (B) the nongovernmental
organization is
controlled | ||||||
| 5 | by and governed by a membership of and represents a | ||||||
| 6 | group or
association of active
duty, retired, or | ||||||
| 7 | injured fire fighters (for the purposes of this | ||||||
| 8 | Section,
"fire fighter" has the
meaning ascribed to | ||||||
| 9 | that term in Section 2 of the Illinois Fire Protection
| ||||||
| 10 | Training Act)
or active duty, retired, or injured | ||||||
| 11 | emergency medical technicians - ambulance,
emergency
| ||||||
| 12 | medical technicians - intermediate, emergency medical | ||||||
| 13 | technicians - paramedic,
ambulance
drivers, or other | ||||||
| 14 | medical assistance or first aid personnel; and | ||||||
| 15 | (C) before
commencing the solicitation
or the sale | ||||||
| 16 | or delivery or the offers to sell or deliver any | ||||||
| 17 | merchandise,
goods, services,
memberships, or | ||||||
| 18 | advertisements, the soliciting or selling person and | ||||||
| 19 | the nongovernmental organization have entered into a | ||||||
| 20 | written contract that specifies and states clearly and | ||||||
| 21 | fully the purposes for which the proceeds of the | ||||||
| 22 | solicitation, contribution, or sale will be used.
| ||||||
| 23 | (7) No person may knowingly claim or represent that he | ||||||
| 24 | or she is an airman, airline employee, airport employee, or | ||||||
| 25 | contractor at an airport in order to obtain the uniform, | ||||||
| 26 | identification card, license, or other identification | ||||||
| |||||||
| |||||||
| 1 | paraphernalia of an airman, airline employee, airport | ||||||
| 2 | employee, or contractor at an airport.
| ||||||
| 3 | (8) No person, firm,
copartnership, or corporation | ||||||
| 4 | (except corporations organized and doing business
under | ||||||
| 5 | the Pawners Societies Act)
shall knowingly use a name that | ||||||
| 6 | contains in it the words
"Pawners' Society". | ||||||
| 7 | (b) False personation; public officials and employees. A | ||||||
| 8 | person commits a false personation if he or she knowingly and | ||||||
| 9 | falsely represents himself or herself to be any of the | ||||||
| 10 | following: | ||||||
| 11 | (1) An attorney authorized to practice law for purposes | ||||||
| 12 | of compensation or consideration. This paragraph (b)(1) | ||||||
| 13 | does not apply to a person who unintentionally fails to pay | ||||||
| 14 | attorney registration fees established by Supreme Court | ||||||
| 15 | Rule. | ||||||
| 16 | (2) A public officer or a public employee or an | ||||||
| 17 | official or employee of the federal government. | ||||||
| 18 | (2.3) A public officer, a public employee, or an | ||||||
| 19 | official or employee of the federal government, and the | ||||||
| 20 | false representation is made in furtherance of the | ||||||
| 21 | commission of felony. | ||||||
| 22 | (2.7) A public officer or a public employee, and the | ||||||
| 23 | false representation is for the purpose of effectuating | ||||||
| 24 | identity theft as defined in Section 16-30 of this Code. | ||||||
| 25 | (3) A peace officer. | ||||||
| 26 | (4) A peace officer while carrying a deadly weapon. | ||||||
| |||||||
| |||||||
| 1 | (5) A peace officer in attempting or committing a | ||||||
| 2 | felony. | ||||||
| 3 | (6) A peace officer in attempting or committing a | ||||||
| 4 | forcible felony. | ||||||
| 5 | (7) The parent, legal guardian, or other relation of a | ||||||
| 6 | minor child to any public official, public employee, or | ||||||
| 7 | elementary or secondary school employee or administrator. | ||||||
| 8 | (7.5) The legal guardian, including any representative | ||||||
| 9 | of a State or public guardian, of a person with a | ||||||
| 10 | disability appointed under Article XIa of the Probate Act | ||||||
| 11 | of 1975. | ||||||
| 12 | (8) A fire fighter. | ||||||
| 13 | (9) A fire fighter while carrying a deadly weapon. | ||||||
| 14 | (10) A fire fighter in attempting or committing a | ||||||
| 15 | felony. | ||||||
| 16 | (11) An emergency management worker of any | ||||||
| 17 | jurisdiction in this State. | ||||||
| 18 | (12) An emergency management worker of any | ||||||
| 19 | jurisdiction in this State in attempting or committing a | ||||||
| 20 | felony.
For the purposes of this subsection (b), "emergency | ||||||
| 21 | management worker" has the meaning provided under Section | ||||||
| 22 | 2-6.6 of this Code. | ||||||
| 23 | (b-5) The trier of fact may infer that a person falsely | ||||||
| 24 | represents himself or herself to be a public officer or a | ||||||
| 25 | public employee or an official or employee of the federal | ||||||
| 26 | government if the person: | ||||||
| |||||||
| |||||||
| 1 | (1) wears or displays without authority any uniform, | ||||||
| 2 | badge, insignia, or facsimile thereof by which a public | ||||||
| 3 | officer or public employee or official or employee of the | ||||||
| 4 | federal government is lawfully distinguished; or | ||||||
| 5 | (2) falsely expresses by word or action that he or she | ||||||
| 6 | is a public officer or public employee or official or | ||||||
| 7 | employee of the federal government and is acting with | ||||||
| 8 | approval or authority of a public agency or department. | ||||||
| 9 | (c) Fraudulent advertisement of a corporate name. | ||||||
| 10 | (1) A company, association, or individual commits | ||||||
| 11 | fraudulent advertisement of a corporate name if he, she, or | ||||||
| 12 | it, not being incorporated, puts forth a sign or | ||||||
| 13 | advertisement and assumes, for the purpose of soliciting | ||||||
| 14 | business, a corporate name. | ||||||
| 15 | (2) Nothing contained in this subsection (c) prohibits | ||||||
| 16 | a corporation, company, association, or person from using a | ||||||
| 17 | divisional designation or trade name in conjunction with | ||||||
| 18 | its corporate name or assumed name under Section 4.05 of | ||||||
| 19 | the Business Corporation Act of 1983 or, if it is a member | ||||||
| 20 | of a partnership or joint venture, from doing partnership | ||||||
| 21 | or joint venture business under the partnership or joint | ||||||
| 22 | venture name. The name under which the joint venture or | ||||||
| 23 | partnership does business may differ from the names of the | ||||||
| 24 | members. Business may not be conducted or transacted under | ||||||
| 25 | that joint venture or partnership name, however, unless all | ||||||
| 26 | provisions of the Assumed Business Name Act have been | ||||||
| |||||||
| |||||||
| 1 | complied with. Nothing in this subsection (c) permits a | ||||||
| 2 | foreign corporation to do business in this State without | ||||||
| 3 | complying with all Illinois laws regulating the doing of | ||||||
| 4 | business by foreign corporations. No foreign corporation | ||||||
| 5 | may conduct or transact business in this State as a member | ||||||
| 6 | of a partnership or joint venture that violates any | ||||||
| 7 | Illinois law regulating or pertaining to the doing of | ||||||
| 8 | business by foreign corporations in Illinois. | ||||||
| 9 | (3) The provisions of this subsection (c) do not apply | ||||||
| 10 | to limited partnerships formed under the Revised Uniform | ||||||
| 11 | Limited Partnership Act or under the Uniform Limited | ||||||
| 12 | Partnership Act (2001). | ||||||
| 13 | (d) False law enforcement badges. | ||||||
| 14 | (1) A person commits false law enforcement badges if he | ||||||
| 15 | or she knowingly produces, sells, or distributes a law | ||||||
| 16 | enforcement badge without the express written consent of | ||||||
| 17 | the law enforcement agency represented on the badge or, in | ||||||
| 18 | case of a reorganized or defunct law enforcement agency, | ||||||
| 19 | its successor law enforcement agency. | ||||||
| 20 | (2) It is a defense to false law enforcement badges | ||||||
| 21 | that the law enforcement badge is used or is intended to be | ||||||
| 22 | used exclusively: (i) as a memento or in a collection or | ||||||
| 23 | exhibit; (ii) for decorative purposes; or (iii) for a | ||||||
| 24 | dramatic presentation, such as a theatrical, film, or | ||||||
| 25 | television production. | ||||||
| 26 | (e) False medals. | ||||||
| |||||||
| |||||||
| 1 | (1) A person commits a false personation if he or she | ||||||
| 2 | knowingly and falsely represents himself or herself to be a | ||||||
| 3 | recipient of, or wears on his or her person, any of the | ||||||
| 4 | following medals if that medal was not awarded to that | ||||||
| 5 | person by the United States Government, irrespective of | ||||||
| 6 | branch of service: The Congressional Medal of Honor, The | ||||||
| 7 | Distinguished Service Cross, The Navy Cross, The Air Force | ||||||
| 8 | Cross, The Silver Star, The Bronze Star, or the Purple | ||||||
| 9 | Heart. | ||||||
| 10 | (2) It is a defense to a prosecution under paragraph | ||||||
| 11 | (e)(1) that the medal is used, or is intended to be used, | ||||||
| 12 | exclusively: | ||||||
| 13 | (A) for a dramatic presentation, such as a | ||||||
| 14 | theatrical, film, or television production, or a | ||||||
| 15 | historical re-enactment; or | ||||||
| 16 | (B) for a costume worn, or intended to be worn, by | ||||||
| 17 | a person under 18 years of age. | ||||||
| 18 | (f) Sentence. | ||||||
| 19 | (1) A violation of paragraph (a)(8) is a petty offense | ||||||
| 20 | subject to a fine of not less than $5 nor more than $100, | ||||||
| 21 | and the person, firm, copartnership, or corporation | ||||||
| 22 | commits an additional petty offense for each day he, she, | ||||||
| 23 | or it continues to commit the violation. A violation of | ||||||
| 24 | paragraph (c)(1) is a petty offense, and the company, | ||||||
| 25 | association, or person commits an additional petty offense | ||||||
| 26 | for each day he, she, or it continues to commit the | ||||||
| |||||||
| |||||||
| 1 | violation. A violation of paragraph (a)(2.1) or subsection | ||||||
| 2 | (e) is a petty offense for which the offender shall be | ||||||
| 3 | fined at least $100 and not more than $200. | ||||||
| 4 | (2) A violation of paragraph (a)(1), (a)(3), or | ||||||
| 5 | (b)(7.5) is a Class C misdemeanor. | ||||||
| 6 | (3) A violation of paragraph (a)(2), (a)(2.5), (a)(7), | ||||||
| 7 | (b)(2), or (b)(7) or subsection (d) is a Class A | ||||||
| 8 | misdemeanor. A second or subsequent violation of | ||||||
| 9 | subsection (d) is a Class 3 felony. | ||||||
| 10 | (4) A violation of paragraph (a)(4), (a)(5), (a)(6), | ||||||
| 11 | (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a | ||||||
| 12 | Class 4 felony. | ||||||
| 13 | (5) A violation of paragraph (b)(4), (b)(9), or (b)(12) | ||||||
| 14 | is a Class 3 felony. | ||||||
| 15 | (6) A violation of paragraph (b)(5) or (b)(10) is a | ||||||
| 16 | Class 2 felony. | ||||||
| 17 | (7) A violation of paragraph (b)(6) is a Class 1 | ||||||
| 18 | felony.
| ||||||
| 19 | (g) A violation of subsection (a)(1) through (a)(7) or | ||||||
| 20 | subsection (e) of this Section may be accomplished in person or | ||||||
| 21 | by any means of communication, including but not limited to the | ||||||
| 22 | use of an Internet website or any form of electronic | ||||||
| 23 | communication. | ||||||
| 24 | (Source: P.A. 98-1125, eff. 1-1-15; 99-143, eff. 7-27-15; | ||||||
| 25 | 99-561, eff. 7-15-16; revised 9-2-16.)
| ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 5/24-1.6) | ||||||
| 2 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
| 3 | (a) A person commits the offense of aggravated unlawful use | ||||||
| 4 | of a weapon when
he or she knowingly: | ||||||
| 5 | (1) Carries on or about his or her person or in any | ||||||
| 6 | vehicle or concealed
on or about his or her person except | ||||||
| 7 | when on his or her land or in his or her
abode, legal | ||||||
| 8 | dwelling, or fixed place of business, or on the land or in | ||||||
| 9 | the legal dwelling of another person as an invitee with | ||||||
| 10 | that person's permission, any pistol, revolver, stun gun or | ||||||
| 11 | taser or
other firearm; or | ||||||
| 12 | (2) Carries or possesses on or about his or her person, | ||||||
| 13 | upon any public
street, alley, or other public lands within | ||||||
| 14 | the corporate limits of a city,
village or incorporated | ||||||
| 15 | town, except when an invitee thereon or therein, for
the | ||||||
| 16 | purpose of the display of such weapon or the lawful | ||||||
| 17 | commerce in weapons, or
except when on his or her own land | ||||||
| 18 | or in his or her own abode, legal dwelling, or fixed place | ||||||
| 19 | of
business, or on the land or in the legal dwelling of | ||||||
| 20 | another person as an invitee with that person's permission, | ||||||
| 21 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
| 22 | and | ||||||
| 23 | (3) One of the following factors is present: | ||||||
| 24 | (A) the firearm, other than a pistol, revolver, or | ||||||
| 25 | handgun, possessed was uncased, loaded, and | ||||||
| 26 | immediately accessible
at the time of the offense; or | ||||||
| |||||||
| |||||||
| 1 | (A-5) the pistol, revolver, or handgun possessed | ||||||
| 2 | was uncased, loaded, and immediately accessible
at the | ||||||
| 3 | time of the offense and the person possessing the | ||||||
| 4 | pistol, revolver, or handgun has not been issued a | ||||||
| 5 | currently valid license under the Firearm Concealed | ||||||
| 6 | Carry Act; or | ||||||
| 7 | (B) the firearm, other than a pistol, revolver, or | ||||||
| 8 | handgun, possessed was uncased, unloaded, and the | ||||||
| 9 | ammunition for
the weapon was immediately accessible | ||||||
| 10 | at the time of the offense; or | ||||||
| 11 | (B-5) the pistol, revolver, or handgun possessed | ||||||
| 12 | was uncased, unloaded, and the ammunition for
the | ||||||
| 13 | weapon was immediately accessible at the time of the | ||||||
| 14 | offense and the person possessing the pistol, | ||||||
| 15 | revolver, or handgun has not been issued a currently | ||||||
| 16 | valid license under the Firearm Concealed Carry Act; or | ||||||
| 17 | (C) the person possessing the firearm has not been | ||||||
| 18 | issued a currently
valid Firearm Owner's | ||||||
| 19 | Identification Card; or | ||||||
| 20 | (D) the person possessing the weapon was | ||||||
| 21 | previously adjudicated
a delinquent minor under the | ||||||
| 22 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
| 23 | by an adult would be a felony; or | ||||||
| 24 | (E) the person possessing the weapon was engaged in | ||||||
| 25 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
| 26 | a misdemeanor violation of the Illinois Controlled | ||||||
| |||||||
| |||||||
| 1 | Substances
Act, or in a misdemeanor violation of the | ||||||
| 2 | Methamphetamine Control and Community Protection Act; | ||||||
| 3 | or | ||||||
| 4 | (F) (blank); or | ||||||
| 5 | (G) the person possessing the weapon had an a order | ||||||
| 6 | of protection issued
against him or her within the | ||||||
| 7 | previous 2 years; or | ||||||
| 8 | (H) the person possessing the weapon was engaged in | ||||||
| 9 | the commission or
attempted commission of
a | ||||||
| 10 | misdemeanor involving the use or threat of violence | ||||||
| 11 | against
the person or property of another; or | ||||||
| 12 | (I) the person possessing the weapon was under 21 | ||||||
| 13 | years of age and in
possession of a handgun, unless the | ||||||
| 14 | person under 21
is engaged in lawful activities under | ||||||
| 15 | the Wildlife Code or described in
subsection | ||||||
| 16 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
| 17 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
| 18 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
| 19 | (b) "Stun gun or taser" as used in this Section has the | ||||||
| 20 | same definition
given to it in Section 24-1 of this Code. | ||||||
| 21 | (c) This Section does not apply to or affect the | ||||||
| 22 | transportation or
possession
of weapons that: | ||||||
| 23 | (i) are broken down in a non-functioning state; or | ||||||
| 24 | (ii) are not immediately accessible; or | ||||||
| 25 | (iii) are unloaded and enclosed in a case, firearm | ||||||
| 26 | carrying box,
shipping box, or other container by a person | ||||||
| |||||||
| |||||||
| 1 | who has been issued a currently
valid Firearm Owner's
| ||||||
| 2 | Identification Card. | ||||||
| 3 | (d) Sentence. | ||||||
| 4 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
| 5 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
| 6 | for which the person shall be sentenced to a term of | ||||||
| 7 | imprisonment of not less than 3 years and not more than 7 | ||||||
| 8 | years. | ||||||
| 9 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
| 10 | (4) of this subsection (d), a first offense of aggravated | ||||||
| 11 | unlawful use of a weapon committed with a firearm by a | ||||||
| 12 | person 18 years of age or older where the factors listed in | ||||||
| 13 | both items (A) and (C) or both items (A-5) and (C) of | ||||||
| 14 | paragraph (3) of subsection (a) are present is a Class 4 | ||||||
| 15 | felony, for which the person shall be sentenced to a term | ||||||
| 16 | of imprisonment of not less than one year and not more than | ||||||
| 17 | 3 years. | ||||||
| 18 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
| 19 | has been previously
convicted of a felony in this State or | ||||||
| 20 | another jurisdiction is a Class 2
felony for which the | ||||||
| 21 | person shall be sentenced to a term of imprisonment of not | ||||||
| 22 | less than 3 years and not more than 7 years. | ||||||
| 23 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
| 24 | or in possession of body armor as defined in Section 33F-1 | ||||||
| 25 | by a person who has not been issued a valid Firearms | ||||||
| 26 | Owner's Identification Card in accordance with Section 5 of | ||||||
| |||||||
| |||||||
| 1 | the Firearm Owners Identification Card Act is a Class X | ||||||
| 2 | felony.
| ||||||
| 3 | (e) The possession of each firearm in violation of this | ||||||
| 4 | Section constitutes a single and separate violation. | ||||||
| 5 | (Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)
| ||||||
| 6 | (720 ILCS 5/24-2)
| ||||||
| 7 | Sec. 24-2. Exemptions.
| ||||||
| 8 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
| 9 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
| 10 | the following:
| ||||||
| 11 | (1) Peace officers, and any person summoned by a peace | ||||||
| 12 | officer to
assist in making arrests or preserving the | ||||||
| 13 | peace, while actually engaged in
assisting such officer.
| ||||||
| 14 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
| 15 | penitentiaries, jails and other institutions for the | ||||||
| 16 | detention of persons
accused or convicted of an offense, | ||||||
| 17 | while in the performance of their
official duty, or while | ||||||
| 18 | commuting between their homes and places of employment.
| ||||||
| 19 | (3) Members of the Armed Services or Reserve Forces of | ||||||
| 20 | the United States
or the Illinois National Guard or the | ||||||
| 21 | Reserve Officers Training Corps,
while in the performance | ||||||
| 22 | of their official duty.
| ||||||
| 23 | (4) Special agents employed by a railroad or a public | ||||||
| 24 | utility to
perform police functions, and guards of armored | ||||||
| 25 | car companies, while
actually engaged in the performance of | ||||||
| |||||||
| |||||||
| 1 | the duties of their employment or
commuting between their | ||||||
| 2 | homes and places of employment; and watchmen
while actually | ||||||
| 3 | engaged in the performance of the duties of their | ||||||
| 4 | employment.
| ||||||
| 5 | (5) Persons licensed as private security contractors, | ||||||
| 6 | private
detectives, or private alarm contractors, or | ||||||
| 7 | employed by a private security contractor, private | ||||||
| 8 | detective, or private alarm contractor agency licensed
by | ||||||
| 9 | the Department of Financial and Professional Regulation, | ||||||
| 10 | if their duties
include the carrying of a weapon under the | ||||||
| 11 | provisions of the Private
Detective, Private Alarm,
| ||||||
| 12 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
| 13 | 2004,
while actually
engaged in the performance of the | ||||||
| 14 | duties of their employment or commuting
between their homes | ||||||
| 15 | and places of employment. A person shall be considered | ||||||
| 16 | eligible for this
exemption if he or she has completed the | ||||||
| 17 | required 20
hours of training for a private security | ||||||
| 18 | contractor, private
detective, or private alarm | ||||||
| 19 | contractor, or employee of a licensed private security | ||||||
| 20 | contractor, private detective, or private alarm contractor | ||||||
| 21 | agency and 20 hours of required firearm
training, and has | ||||||
| 22 | been issued a firearm control card by
the Department of | ||||||
| 23 | Financial and Professional Regulation. Conditions for the | ||||||
| 24 | renewal of
firearm control cards issued under the | ||||||
| 25 | provisions of this Section
shall be the same as for those | ||||||
| 26 | cards issued under the provisions of the
Private Detective, | ||||||
| |||||||
| |||||||
| 1 | Private Alarm,
Private Security, Fingerprint Vendor, and | ||||||
| 2 | Locksmith Act of 2004. The
firearm control card shall be | ||||||
| 3 | carried by the private security contractor, private
| ||||||
| 4 | detective, or private alarm contractor, or employee of the | ||||||
| 5 | licensed private security contractor, private detective, | ||||||
| 6 | or private alarm contractor agency at all
times when he or | ||||||
| 7 | she is in possession of a concealable weapon permitted by | ||||||
| 8 | his or her firearm control card.
| ||||||
| 9 | (6) Any person regularly employed in a commercial or | ||||||
| 10 | industrial
operation as a security guard for the protection | ||||||
| 11 | of persons employed
and private property related to such | ||||||
| 12 | commercial or industrial
operation, while actually engaged | ||||||
| 13 | in the performance of his or her
duty or traveling between | ||||||
| 14 | sites or properties belonging to the
employer, and who, as | ||||||
| 15 | a security guard, is a member of a security force | ||||||
| 16 | registered with the Department of Financial and | ||||||
| 17 | Professional
Regulation; provided that such security guard | ||||||
| 18 | has successfully completed a
course of study, approved by | ||||||
| 19 | and supervised by the Department of
Financial and | ||||||
| 20 | Professional Regulation, consisting of not less than 40 | ||||||
| 21 | hours of training
that includes the theory of law | ||||||
| 22 | enforcement, liability for acts, and the
handling of | ||||||
| 23 | weapons. A person shall be considered eligible for this
| ||||||
| 24 | exemption if he or she has completed the required 20
hours | ||||||
| 25 | of training for a security officer and 20 hours of required | ||||||
| 26 | firearm
training, and has been issued a firearm control | ||||||
| |||||||
| |||||||
| 1 | card by
the Department of Financial and Professional | ||||||
| 2 | Regulation. Conditions for the renewal of
firearm control | ||||||
| 3 | cards issued under the provisions of this Section
shall be | ||||||
| 4 | the same as for those cards issued under the provisions of | ||||||
| 5 | the
Private Detective, Private Alarm,
Private Security, | ||||||
| 6 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
| 7 | control card shall be carried by the security guard at all
| ||||||
| 8 | times when he or she is in possession of a concealable | ||||||
| 9 | weapon permitted by his or her firearm control card.
| ||||||
| 10 | (7) Agents and investigators of the Illinois | ||||||
| 11 | Legislative Investigating
Commission authorized by the | ||||||
| 12 | Commission to carry the weapons specified in
subsections | ||||||
| 13 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
| 14 | any investigation for the Commission.
| ||||||
| 15 | (8) Persons employed by a financial institution as a | ||||||
| 16 | security guard for the protection of
other employees and | ||||||
| 17 | property related to such financial institution, while
| ||||||
| 18 | actually engaged in the performance of their duties, | ||||||
| 19 | commuting between
their homes and places of employment, or | ||||||
| 20 | traveling between sites or
properties owned or operated by | ||||||
| 21 | such financial institution, and who, as a security guard, | ||||||
| 22 | is a member of a security force registered with the | ||||||
| 23 | Department; provided that
any person so employed has | ||||||
| 24 | successfully completed a course of study,
approved by and | ||||||
| 25 | supervised by the Department of Financial and Professional | ||||||
| 26 | Regulation,
consisting of not less than 40 hours of | ||||||
| |||||||
| |||||||
| 1 | training which includes theory of
law enforcement, | ||||||
| 2 | liability for acts, and the handling of weapons.
A person | ||||||
| 3 | shall be considered to be eligible for this exemption if he | ||||||
| 4 | or
she has completed the required 20 hours of training for | ||||||
| 5 | a security officer
and 20 hours of required firearm | ||||||
| 6 | training, and has been issued a
firearm control card by the | ||||||
| 7 | Department of Financial and Professional Regulation.
| ||||||
| 8 | Conditions for renewal of firearm control cards issued | ||||||
| 9 | under the
provisions of this Section shall be the same as | ||||||
| 10 | for those issued under the
provisions of the Private | ||||||
| 11 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
| 12 | Vendor, and Locksmith Act of 2004. The
firearm control card | ||||||
| 13 | shall be carried by the security guard at all times when he | ||||||
| 14 | or she is in possession of a concealable
weapon permitted | ||||||
| 15 | by his or her firearm control card. For purposes of this | ||||||
| 16 | subsection, "financial institution" means a
bank, savings | ||||||
| 17 | and loan association, credit union or company providing
| ||||||
| 18 | armored car services.
| ||||||
| 19 | (9) Any person employed by an armored car company to | ||||||
| 20 | drive an armored
car, while actually engaged in the | ||||||
| 21 | performance of his duties.
| ||||||
| 22 | (10) Persons who have been classified as peace officers | ||||||
| 23 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
| 24 | (11) Investigators of the Office of the State's | ||||||
| 25 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
| 26 | governors of the Office of the
State's Attorneys Appellate | ||||||
| |||||||
| |||||||
| 1 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
| 2 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
| 3 | (12) Special investigators appointed by a State's | ||||||
| 4 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
| 5 | (12.5) Probation officers while in the performance of | ||||||
| 6 | their duties, or
while commuting between their homes, | ||||||
| 7 | places of employment or specific locations
that are part of | ||||||
| 8 | their assigned duties, with the consent of the chief judge | ||||||
| 9 | of
the circuit for which they are employed, if they have | ||||||
| 10 | received weapons training according
to requirements of the | ||||||
| 11 | Peace Officer and Probation Officer Firearm Training Act.
| ||||||
| 12 | (13) Court Security Officers while in the performance | ||||||
| 13 | of their official
duties, or while commuting between their | ||||||
| 14 | homes and places of employment, with
the
consent of the | ||||||
| 15 | Sheriff.
| ||||||
| 16 | (13.5) A person employed as an armed security guard at | ||||||
| 17 | a nuclear energy,
storage, weapons or development site or | ||||||
| 18 | facility regulated by the Nuclear
Regulatory Commission | ||||||
| 19 | who has completed the background screening and training
| ||||||
| 20 | mandated by the rules and regulations of the Nuclear | ||||||
| 21 | Regulatory Commission.
| ||||||
| 22 | (14) Manufacture, transportation, or sale of weapons | ||||||
| 23 | to
persons
authorized under subdivisions (1) through | ||||||
| 24 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
| 25 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
| 26 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
| |||||||
| |||||||
| 1 | or handgun and the person has been issued a currently valid | ||||||
| 2 | license under the Firearm Concealed Carry Act at the time of | ||||||
| 3 | the commission of the offense. | ||||||
| 4 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
| 5 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
| 6 | (1) Members of any club or organization organized for | ||||||
| 7 | the purpose of
practicing shooting at targets upon | ||||||
| 8 | established target ranges, whether
public or private, and | ||||||
| 9 | patrons of such ranges, while such members
or patrons are | ||||||
| 10 | using their firearms on those target ranges.
| ||||||
| 11 | (2) Duly authorized military or civil organizations | ||||||
| 12 | while parading,
with the special permission of the | ||||||
| 13 | Governor.
| ||||||
| 14 | (3) Hunters, trappers or fishermen with a license or
| ||||||
| 15 | permit while engaged in hunting,
trapping or fishing.
| ||||||
| 16 | (4) Transportation of weapons that are broken down in a
| ||||||
| 17 | non-functioning state or are not immediately accessible.
| ||||||
| 18 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
| 19 | gun or taser or other firearm on the land or in the legal | ||||||
| 20 | dwelling of another person as an invitee with that person's | ||||||
| 21 | permission. | ||||||
| 22 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
| 23 | of the
following:
| ||||||
| 24 | (1) Peace officers while in performance of their | ||||||
| 25 | official duties.
| ||||||
| 26 | (2) Wardens, superintendents and keepers of prisons, | ||||||
| |||||||
| |||||||
| 1 | penitentiaries,
jails and other institutions for the | ||||||
| 2 | detention of persons accused or
convicted of an offense.
| ||||||
| 3 | (3) Members of the Armed Services or Reserve Forces of | ||||||
| 4 | the United States
or the Illinois National Guard, while in | ||||||
| 5 | the performance of their official
duty.
| ||||||
| 6 | (4) Manufacture, transportation, or sale of machine | ||||||
| 7 | guns to persons
authorized under subdivisions (1) through | ||||||
| 8 | (3) of this subsection to
possess machine guns, if the | ||||||
| 9 | machine guns are broken down in a
non-functioning state or | ||||||
| 10 | are not immediately accessible.
| ||||||
| 11 | (5) Persons licensed under federal law to manufacture | ||||||
| 12 | any weapon from
which 8 or more shots or bullets can be | ||||||
| 13 | discharged by a
single function of the firing device, or | ||||||
| 14 | ammunition for such weapons, and
actually engaged in the | ||||||
| 15 | business of manufacturing such weapons or
ammunition, but | ||||||
| 16 | only with respect to activities which are within the lawful
| ||||||
| 17 | scope of such business, such as the manufacture, | ||||||
| 18 | transportation, or testing
of such weapons or ammunition. | ||||||
| 19 | This exemption does not authorize the
general private | ||||||
| 20 | possession of any weapon from which 8 or more
shots or | ||||||
| 21 | bullets can be discharged by a single function of the | ||||||
| 22 | firing
device, but only such possession and activities as | ||||||
| 23 | are within the lawful
scope of a licensed manufacturing | ||||||
| 24 | business described in this paragraph.
| ||||||
| 25 | During transportation, such weapons shall be broken | ||||||
| 26 | down in a
non-functioning state or not immediately | ||||||
| |||||||
| |||||||
| 1 | accessible.
| ||||||
| 2 | (6) The manufacture, transport, testing, delivery, | ||||||
| 3 | transfer or sale,
and all lawful commercial or experimental | ||||||
| 4 | activities necessary thereto, of
rifles, shotguns, and | ||||||
| 5 | weapons made from rifles or shotguns,
or ammunition for | ||||||
| 6 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
| 7 | person operating as a contractor or subcontractor pursuant | ||||||
| 8 | to a
contract or subcontract for the development and supply | ||||||
| 9 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
| 10 | United States government or any
branch of the Armed Forces | ||||||
| 11 | of the United States, when such activities are
necessary | ||||||
| 12 | and incident to fulfilling the terms of such contract.
| ||||||
| 13 | The exemption granted under this subdivision (c)(6)
| ||||||
| 14 | shall also apply to any authorized agent of any such | ||||||
| 15 | contractor or
subcontractor who is operating within the | ||||||
| 16 | scope of his employment, where
such activities involving | ||||||
| 17 | such weapon, weapons or ammunition are necessary
and | ||||||
| 18 | incident to fulfilling the terms of such contract.
| ||||||
| 19 | (7) A person possessing a rifle with a barrel or | ||||||
| 20 | barrels less than 16 inches in length if: (A) the person | ||||||
| 21 | has been issued a Curios and Relics license from the U.S. | ||||||
| 22 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
| 23 | the person is an active member of a bona fide, nationally | ||||||
| 24 | recognized military re-enacting group and the modification | ||||||
| 25 | is required and necessary to accurately portray the weapon | ||||||
| 26 | for historical re-enactment purposes; the re-enactor is in | ||||||
| |||||||
| |||||||
| 1 | possession of a valid and current re-enacting group | ||||||
| 2 | membership credential; and the overall length of the weapon | ||||||
| 3 | as modified is not less than 26 inches. | ||||||
| 4 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
| 5 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
| 6 | officer.
| ||||||
| 7 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
| 8 | manager or
authorized employee of any place specified in that | ||||||
| 9 | subsection nor to any
law enforcement officer.
| ||||||
| 10 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
| 11 | Section 24-1.6
do not apply
to members of any club or | ||||||
| 12 | organization organized for the purpose of practicing
shooting | ||||||
| 13 | at targets upon established target ranges, whether public or | ||||||
| 14 | private,
while using their firearms on those target ranges.
| ||||||
| 15 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
| 16 | to:
| ||||||
| 17 | (1) Members of the Armed Services or Reserve Forces of | ||||||
| 18 | the United
States or the Illinois National Guard, while in | ||||||
| 19 | the performance of their
official duty.
| ||||||
| 20 | (2) Bonafide collectors of antique or surplus military | ||||||
| 21 | ordnance ordinance.
| ||||||
| 22 | (3) Laboratories having a department of forensic | ||||||
| 23 | ballistics, or
specializing in the development of | ||||||
| 24 | ammunition or explosive ordnance ordinance.
| ||||||
| 25 | (4) Commerce, preparation, assembly or possession of | ||||||
| 26 | explosive
bullets by manufacturers of ammunition licensed | ||||||
| |||||||
| |||||||
| 1 | by the federal government,
in connection with the supply of | ||||||
| 2 | those organizations and persons exempted
by subdivision | ||||||
| 3 | (g)(1) of this Section, or like organizations and persons
| ||||||
| 4 | outside this State, or the transportation of explosive | ||||||
| 5 | bullets to any
organization or person exempted in this | ||||||
| 6 | Section by a common carrier or by a
vehicle owned or leased | ||||||
| 7 | by an exempted manufacturer.
| ||||||
| 8 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
| 9 | persons licensed
under federal law to manufacture any device or | ||||||
| 10 | attachment of any kind designed,
used, or intended for use in | ||||||
| 11 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
| 12 | for those firearms equipped with those devices, and actually | ||||||
| 13 | engaged in the
business of manufacturing those devices, | ||||||
| 14 | firearms, or ammunition, but only with
respect to
activities | ||||||
| 15 | that are within the lawful scope of that business, such as the
| ||||||
| 16 | manufacture, transportation, or testing of those devices, | ||||||
| 17 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
| 18 | general private possession of any device or
attachment of any | ||||||
| 19 | kind designed, used, or intended for use in silencing the
| ||||||
| 20 | report of any firearm, but only such possession and activities | ||||||
| 21 | as are within
the
lawful scope of a licensed manufacturing | ||||||
| 22 | business described in this subsection
(g-5). During | ||||||
| 23 | transportation, these devices shall be detached from any weapon
| ||||||
| 24 | or
not immediately accessible.
| ||||||
| 25 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
| 26 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
| |||||||
| |||||||
| 1 | supervisor who meets the qualifications and conditions | ||||||
| 2 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
| 3 | Corrections. | ||||||
| 4 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
| 5 | officer while serving as a member of a tactical response team | ||||||
| 6 | or special operations team. A peace officer may not personally | ||||||
| 7 | own or apply for ownership of a device or attachment of any | ||||||
| 8 | kind designed, used, or intended for use in silencing the | ||||||
| 9 | report of any firearm. These devices shall be owned and | ||||||
| 10 | maintained by lawfully recognized units of government whose | ||||||
| 11 | duties include the investigation of criminal acts. | ||||||
| 12 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
| 13 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
| 14 | athlete's possession, transport on official Olympic and | ||||||
| 15 | Paralympic transit systems established for athletes, or use of | ||||||
| 16 | competition firearms sanctioned by the International Olympic | ||||||
| 17 | Committee, the International Paralympic Committee, the | ||||||
| 18 | International Shooting Sport Federation, or USA Shooting in | ||||||
| 19 | connection with such athlete's training for and participation | ||||||
| 20 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
| 21 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
| 22 | and Paralympic Games. | ||||||
| 23 | (h) An information or indictment based upon a violation of | ||||||
| 24 | any
subsection of this Article need not negative any exemptions | ||||||
| 25 | contained in
this Article. The defendant shall have the burden | ||||||
| 26 | of proving such an
exemption.
| ||||||
| |||||||
| |||||||
| 1 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
| 2 | affect
the transportation, carrying, or possession, of any | ||||||
| 3 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
| 4 | to a common carrier operating
under license of the State of | ||||||
| 5 | Illinois or the federal government, where
such transportation, | ||||||
| 6 | carrying, or possession is incident to the lawful
| ||||||
| 7 | transportation in which such common carrier is engaged; and | ||||||
| 8 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
| 9 | transportation, carrying,
or possession of any pistol, | ||||||
| 10 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
| 11 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
| 12 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
| 13 | carrying box, shipping box, or other container, by the | ||||||
| 14 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
| 15 | (Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725, | ||||||
| 16 | eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)
| ||||||
| 17 | (720 ILCS 5/32-14) | ||||||
| 18 | Sec. 32-14. Unlawful manipulation of a judicial sale. | ||||||
| 19 | (a) A person commits the offense of unlawful manipulation | ||||||
| 20 | of a judicial sale when he or she knowingly and by any means | ||||||
| 21 | makes any contract with or engages in any combination or | ||||||
| 22 | conspiracy with any other person who is, or but for a prior | ||||||
| 23 | agreement is, a competitor of such person for the purpose of or | ||||||
| 24 | with the effect of fixing, controlling, limiting, or otherwise | ||||||
| 25 | manipulating (1) the participation of any person in, or (2) the | ||||||
| |||||||
| |||||||
| 1 | making of bids, at any judicial sale. | ||||||
| 2 | (b) Penalties. Unlawful manipulation of a judicial sale is | ||||||
| 3 | a Class 3 felony. A mandatory fine shall be imposed for a | ||||||
| 4 | violation, not to exceed $1,000,000 if the violator is a | ||||||
| 5 | corporation, or, if the violator is any other person, $100,000. | ||||||
| 6 | A second or subsequent violation is a Class 2 felony. | ||||||
| 7 | (c) Injunctive and other relief. The State's Attorney shall | ||||||
| 8 | bring suit in the circuit court to prevent and restrain | ||||||
| 9 | violations of subsection (a). In such a proceeding, the court | ||||||
| 10 | shall determine whether a violation has been committed, and | ||||||
| 11 | shall enter such judgment as it considers necessary to remove | ||||||
| 12 | the effects of any violation which it finds, and to prevent | ||||||
| 13 | such violation from continuing or from being renewed in the | ||||||
| 14 | future. The court, in its discretion, may exercise all powers | ||||||
| 15 | necessary for this purpose, including, but not limited to, | ||||||
| 16 | injunction and divestiture of property. | ||||||
| 17 | (d) Private right of action. Any person who has been | ||||||
| 18 | injured by a violation of subsection (a) may maintain an action | ||||||
| 19 | in the Circuit Court for damages, or for an injunction, or | ||||||
| 20 | both, against any person who has committed such violation. If, | ||||||
| 21 | in an action for an injunction, the court issues an injunction, | ||||||
| 22 | the plaintiff shall be awarded costs and reasonable attorney's | ||||||
| 23 | fees. In an action for damages, the person injured shall be | ||||||
| 24 | awarded 3 times the amount of actual damages. This State, | ||||||
| 25 | counties, municipalities, townships, and any political | ||||||
| 26 | subdivision organized under the authority of this State, and | ||||||
| |||||||
| |||||||
| 1 | the United States, are considered a person having standing to | ||||||
| 2 | bring an action under this subsection.
Any action for damages | ||||||
| 3 | under this subsection is forever barred unless commenced within | ||||||
| 4 | 4 years after the cause of action accrued. In any action for | ||||||
| 5 | damages under this subsection, the court may, in its | ||||||
| 6 | discretion, award reasonable fees to the prevailing defendant | ||||||
| 7 | upon a finding that the plaintiff acted in bad faith, | ||||||
| 8 | vexatiously, wantonly, or for oppressive reasons. | ||||||
| 9 | (e) Exclusion from subsequent judicial sales. Any person | ||||||
| 10 | convicted of a violation of subsection (a) or any similar | ||||||
| 11 | offense of any state or the United States shall be barred for 5 | ||||||
| 12 | years from the date of conviction from participating as a | ||||||
| 13 | bidding entity in any judicial sale. No corporation shall be | ||||||
| 14 | barred from participating in a judicial sale as a result of a | ||||||
| 15 | conviction under subsection (a) of any employee or agent of | ||||||
| 16 | such corporation if the employee so convicted is no longer | ||||||
| 17 | employed by the corporation and: (1) it has been finally | ||||||
| 18 | adjudicated not guilty or (2) it demonstrates to the circuit | ||||||
| 19 | court conducting such judicial sale and the court so finds that | ||||||
| 20 | the commission of the offense was neither authorized, | ||||||
| 21 | requested, commanded, nor performed by a director, officer or a | ||||||
| 22 | high managerial agent in behalf of the corporation as provided | ||||||
| 23 | in paragraph (2) of subsection (a) of Section 5-4 of this Code. | ||||||
| 24 | (f) Definitions. As used in this Section, unless the | ||||||
| 25 | context otherwise requires: | ||||||
| 26 | "Judicial sale" means any sale of real or personal property | ||||||
| |||||||
| |||||||
| 1 | in accordance with a court order, including, but not limited | ||||||
| 2 | to, judicial sales conducted pursuant to Section 15-1507 of the | ||||||
| 3 | Code of Civil Procedure, sales ordered to satisfy judgments | ||||||
| 4 | under Article XII of the Code of Civil Procedure, and | ||||||
| 5 | enforcements of delinquent property taxes under Article 21 XXI | ||||||
| 6 | of the Property Tax Code. | ||||||
| 7 | "Person" means any natural person, or any corporation, | ||||||
| 8 | partnership, or association of persons.
| ||||||
| 9 | (Source: P.A. 96-408, eff. 8-13-09; revised 10-5-16.)
| ||||||
| 10 | Section 670. The Illinois Controlled Substances Act is | ||||||
| 11 | amended by changing Section 204 as follows:
| ||||||
| 12 | (720 ILCS 570/204) (from Ch. 56 1/2, par. 1204) | ||||||
| 13 | Sec. 204. (a) The controlled substances listed in this | ||||||
| 14 | Section are
included in Schedule I. | ||||||
| 15 | (b) Unless specifically excepted or unless listed in | ||||||
| 16 | another
schedule, any of the following opiates, including their | ||||||
| 17 | isomers,
esters, ethers, salts, and salts of isomers, esters, | ||||||
| 18 | and ethers,
whenever the existence of such isomers, esters, | ||||||
| 19 | ethers and salts is
possible within the specific chemical | ||||||
| 20 | designation: | ||||||
| 21 | (1) Acetylmethadol; | ||||||
| 22 | (1.1) Acetyl-alpha-methylfentanyl | ||||||
| 23 | (N-[1-(1-methyl-2-phenethyl)-
| ||||||
| 24 | 4-piperidinyl]-N-phenylacetamide); | ||||||
| |||||||
| |||||||
| 1 | (2) Allylprodine; | ||||||
| 2 | (3) Alphacetylmethadol, except
| ||||||
| 3 | levo-alphacetylmethadol (also known as levo-alpha-
| ||||||
| 4 | acetylmethadol, levomethadyl acetate, or LAAM); | ||||||
| 5 | (4) Alphameprodine; | ||||||
| 6 | (5) Alphamethadol; | ||||||
| 7 | (6) Alpha-methylfentanyl
| ||||||
| 8 | (N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
| ||||||
| 9 | propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
| ||||||
| 10 | propanilido) piperidine; | ||||||
| 11 | (6.1) Alpha-methylthiofentanyl
| ||||||
| 12 | (N-[1-methyl-2-(2-thienyl)ethyl-
| ||||||
| 13 | 4-piperidinyl]-N-phenylpropanamide); | ||||||
| 14 | (7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP); | ||||||
| 15 | (7.1) PEPAP
| ||||||
| 16 | (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine); | ||||||
| 17 | (8) Benzethidine; | ||||||
| 18 | (9) Betacetylmethadol; | ||||||
| 19 | (9.1) Beta-hydroxyfentanyl
| ||||||
| 20 | (N-[1-(2-hydroxy-2-phenethyl)-
| ||||||
| 21 | 4-piperidinyl]-N-phenylpropanamide); | ||||||
| 22 | (10) Betameprodine; | ||||||
| 23 | (11) Betamethadol; | ||||||
| 24 | (12) Betaprodine; | ||||||
| 25 | (13) Clonitazene; | ||||||
| 26 | (14) Dextromoramide; | ||||||
| |||||||
| |||||||
| 1 | (15) Diampromide; | ||||||
| 2 | (16) Diethylthiambutene; | ||||||
| 3 | (17) Difenoxin; | ||||||
| 4 | (18) Dimenoxadol; | ||||||
| 5 | (19) Dimepheptanol; | ||||||
| 6 | (20) Dimethylthiambutene; | ||||||
| 7 | (21) Dioxaphetylbutyrate; | ||||||
| 8 | (22) Dipipanone; | ||||||
| 9 | (23) Ethylmethylthiambutene; | ||||||
| 10 | (24) Etonitazene; | ||||||
| 11 | (25) Etoxeridine; | ||||||
| 12 | (26) Furethidine; | ||||||
| 13 | (27) Hydroxpethidine; | ||||||
| 14 | (28) Ketobemidone; | ||||||
| 15 | (29) Levomoramide; | ||||||
| 16 | (30) Levophenacylmorphan; | ||||||
| 17 | (31) 3-Methylfentanyl
| ||||||
| 18 | (N-[3-methyl-1-(2-phenylethyl)-
| ||||||
| 19 | 4-piperidyl]-N-phenylpropanamide); | ||||||
| 20 | (31.1) 3-Methylthiofentanyl
| ||||||
| 21 | (N-[(3-methyl-1-(2-thienyl)ethyl-
| ||||||
| 22 | 4-piperidinyl]-N-phenylpropanamide); | ||||||
| 23 | (32) Morpheridine; | ||||||
| 24 | (33) Noracymethadol; | ||||||
| 25 | (34) Norlevorphanol; | ||||||
| 26 | (35) Normethadone; | ||||||
| |||||||
| |||||||
| 1 | (36) Norpipanone; | ||||||
| 2 | (36.1) Para-fluorofentanyl
| ||||||
| 3 | (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
| ||||||
| 4 | 4-piperidinyl]propanamide); | ||||||
| 5 | (37) Phenadoxone; | ||||||
| 6 | (38) Phenampromide; | ||||||
| 7 | (39) Phenomorphan; | ||||||
| 8 | (40) Phenoperidine; | ||||||
| 9 | (41) Piritramide; | ||||||
| 10 | (42) Proheptazine; | ||||||
| 11 | (43) Properidine; | ||||||
| 12 | (44) Propiram; | ||||||
| 13 | (45) Racemoramide; | ||||||
| 14 | (45.1) Thiofentanyl
| ||||||
| 15 | (N-phenyl-N-[1-(2-thienyl)ethyl-
| ||||||
| 16 | 4-piperidinyl]-propanamide); | ||||||
| 17 | (46) Tilidine; | ||||||
| 18 | (47) Trimeperidine; | ||||||
| 19 | (48) Beta-hydroxy-3-methylfentanyl (other name:
| ||||||
| 20 | N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
| ||||||
| 21 | N-phenylpropanamide). | ||||||
| 22 | (c) Unless specifically excepted or unless listed in | ||||||
| 23 | another
schedule, any of the following opium derivatives, its | ||||||
| 24 | salts, isomers
and salts of isomers, whenever the existence of | ||||||
| 25 | such salts, isomers and
salts of isomers is possible within the | ||||||
| 26 | specific chemical designation: | ||||||
| |||||||
| |||||||
| 1 | (1) Acetorphine; | ||||||
| 2 | (2) Acetyldihydrocodeine; | ||||||
| 3 | (3) Benzylmorphine; | ||||||
| 4 | (4) Codeine methylbromide; | ||||||
| 5 | (5) Codeine-N-Oxide; | ||||||
| 6 | (6) Cyprenorphine; | ||||||
| 7 | (7) Desomorphine; | ||||||
| 8 | (8) Diacetyldihydromorphine (Dihydroheroin); | ||||||
| 9 | (9) Dihydromorphine; | ||||||
| 10 | (10) Drotebanol; | ||||||
| 11 | (11) Etorphine (except hydrochloride salt); | ||||||
| 12 | (12) Heroin; | ||||||
| 13 | (13) Hydromorphinol; | ||||||
| 14 | (14) Methyldesorphine; | ||||||
| 15 | (15) Methyldihydromorphine; | ||||||
| 16 | (16) Morphine methylbromide; | ||||||
| 17 | (17) Morphine methylsulfonate; | ||||||
| 18 | (18) Morphine-N-Oxide; | ||||||
| 19 | (19) Myrophine; | ||||||
| 20 | (20) Nicocodeine; | ||||||
| 21 | (21) Nicomorphine; | ||||||
| 22 | (22) Normorphine; | ||||||
| 23 | (23) Pholcodine; | ||||||
| 24 | (24) Thebacon. | ||||||
| 25 | (d) Unless specifically excepted or unless listed in | ||||||
| 26 | another
schedule, any material, compound, mixture, or | ||||||
| |||||||
| |||||||
| 1 | preparation which contains
any quantity of the following | ||||||
| 2 | hallucinogenic substances, or which
contains any of its salts, | ||||||
| 3 | isomers and salts of isomers, whenever the
existence of such | ||||||
| 4 | salts, isomers, and salts of isomers is possible
within the | ||||||
| 5 | specific chemical designation (for the purposes of this
| ||||||
| 6 | paragraph only, the term "isomer" includes the optical, | ||||||
| 7 | position and
geometric isomers): | ||||||
| 8 | (1) 3,4-methylenedioxyamphetamine
| ||||||
| 9 | (alpha-methyl,3,4-methylenedioxyphenethylamine,
| ||||||
| 10 | methylenedioxyamphetamine, MDA); | ||||||
| 11 | (1.1) Alpha-ethyltryptamine
| ||||||
| 12 | (some trade or other names: etryptamine;
| ||||||
| 13 | MONASE; alpha-ethyl-1H-indole-3-ethanamine;
| ||||||
| 14 | 3-(2-aminobutyl)indole; a-ET; and AET); | ||||||
| 15 | (2) 3,4-methylenedioxymethamphetamine (MDMA); | ||||||
| 16 | (2.1) 3,4-methylenedioxy-N-ethylamphetamine
| ||||||
| 17 | (also known as: N-ethyl-alpha-methyl-
| ||||||
| 18 | 3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
| ||||||
| 19 | and MDEA); | ||||||
| 20 | (2.2) N-Benzylpiperazine (BZP); | ||||||
| 21 | (2.2-1) Trifluoromethylphenylpiperazine (TFMPP); | ||||||
| 22 | (3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA); | ||||||
| 23 | (4) 3,4,5-trimethoxyamphetamine (TMA); | ||||||
| 24 | (5) (Blank); | ||||||
| 25 | (6) Diethyltryptamine (DET); | ||||||
| 26 | (7) Dimethyltryptamine (DMT); | ||||||
| |||||||
| |||||||
| 1 | (7.1) 5-Methoxy-diallyltryptamine; | ||||||
| 2 | (8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP); | ||||||
| 3 | (9) Ibogaine (some trade and other names:
| ||||||
| 4 | 7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
| ||||||
| 5 | 6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
| ||||||
| 6 | indole; Tabernanthe iboga); | ||||||
| 7 | (10) Lysergic acid diethylamide; | ||||||
| 8 | (10.1) Salvinorin A; | ||||||
| 9 | (10.5) Salvia divinorum (meaning all parts of the plant | ||||||
| 10 | presently classified
botanically as Salvia divinorum, | ||||||
| 11 | whether growing or not, the
seeds thereof, any extract from | ||||||
| 12 | any part of that plant, and every compound,
manufacture, | ||||||
| 13 | salts, isomers, and salts of
isomers whenever the existence | ||||||
| 14 | of such salts, isomers, and salts of
isomers is possible | ||||||
| 15 | within the specific chemical designation, derivative, | ||||||
| 16 | mixture, or preparation of that plant, its
seeds or | ||||||
| 17 | extracts);
| ||||||
| 18 | (11) 3,4,5-trimethoxyphenethylamine (Mescaline); | ||||||
| 19 | (12) Peyote (meaning all parts of the plant presently | ||||||
| 20 | classified
botanically as Lophophora williamsii
Lemaire, | ||||||
| 21 | whether growing or not, the
seeds thereof, any extract from | ||||||
| 22 | any part of that plant, and every compound,
manufacture, | ||||||
| 23 | salts, derivative, mixture, or preparation of that plant, | ||||||
| 24 | its
seeds or extracts); | ||||||
| 25 | (13) N-ethyl-3-piperidyl benzilate (JB 318); | ||||||
| 26 | (14) N-methyl-3-piperidyl benzilate; | ||||||
| |||||||
| |||||||
| 1 | (14.1) N-hydroxy-3,4-methylenedioxyamphetamine
| ||||||
| 2 | (also known as N-hydroxy-alpha-methyl-
| ||||||
| 3 | 3,4(methylenedioxy)phenethylamine and N-hydroxy MDA); | ||||||
| 4 | (15) Parahexyl; some trade or other names:
| ||||||
| 5 | 3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
| ||||||
| 6 | dibenzo (b,d) pyran; Synhexyl; | ||||||
| 7 | (16) Psilocybin; | ||||||
| 8 | (17) Psilocyn; | ||||||
| 9 | (18) Alpha-methyltryptamine (AMT); | ||||||
| 10 | (19) 2,5-dimethoxyamphetamine
| ||||||
| 11 | (2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA); | ||||||
| 12 | (20) 4-bromo-2,5-dimethoxyamphetamine
| ||||||
| 13 | (4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
| ||||||
| 14 | 4-bromo-2,5-DMA); | ||||||
| 15 | (20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
| ||||||
| 16 | Some trade or other names: 2-(4-bromo-
| ||||||
| 17 | 2,5-dimethoxyphenyl)-1-aminoethane;
| ||||||
| 18 | alpha-desmethyl DOB, 2CB, Nexus; | ||||||
| 19 | (21) 4-methoxyamphetamine
| ||||||
| 20 | (4-methoxy-alpha-methylphenethylamine;
| ||||||
| 21 | paramethoxyamphetamine; PMA); | ||||||
| 22 | (22) (Blank); | ||||||
| 23 | (23) Ethylamine analog of phencyclidine.
| ||||||
| 24 | Some trade or other names:
| ||||||
| 25 | N-ethyl-1-phenylcyclohexylamine,
| ||||||
| 26 | (1-phenylcyclohexyl) ethylamine,
| ||||||
| |||||||
| |||||||
| 1 | N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE; | ||||||
| 2 | (24) Pyrrolidine analog of phencyclidine. Some trade | ||||||
| 3 | or other names:
1-(1-phenylcyclohexyl) pyrrolidine, PCPy, | ||||||
| 4 | PHP; | ||||||
| 5 | (25) 5-methoxy-3,4-methylenedioxy-amphetamine; | ||||||
| 6 | (26) 2,5-dimethoxy-4-ethylamphetamine
| ||||||
| 7 | (another name: DOET); | ||||||
| 8 | (27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
| ||||||
| 9 | (another name: TCPy); | ||||||
| 10 | (28) (Blank); | ||||||
| 11 | (29) Thiophene analog of phencyclidine (some trade
| ||||||
| 12 | or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
| ||||||
| 13 | 2-thienyl analog of phencyclidine; TPCP; TCP); | ||||||
| 14 | (30) Bufotenine (some trade or other names:
| ||||||
| 15 | 3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
| ||||||
| 16 | 3-(2-dimethylaminoethyl)-5-indolol;
| ||||||
| 17 | 5-hydroxy-N,N-dimethyltryptamine;
| ||||||
| 18 | N,N-dimethylserotonin; mappine); | ||||||
| 19 | (31) 1-Pentyl-3-(1-naphthoyl)indole | ||||||
| 20 | Some trade or other names: JWH-018; | ||||||
| 21 | (32) 1-Butyl-3-(1-naphthoyl)indole | ||||||
| 22 | Some trade or other names: JWH-073; | ||||||
| 23 | (33) 1-[(5-fluoropentyl)-1H-indol-3-yl]- | ||||||
| 24 | (2-iodophenyl)methanone | ||||||
| 25 | Some trade or other names: AM-694; | ||||||
| 26 | (34) 2-[(1R,3S)-3-hydroxycyclohexyl]-5- | ||||||
| |||||||
| |||||||
| 1 | (2-methyloctan-2-yl)phenol | ||||||
| 2 | Some trade or other names: CP 47,497 | ||||||
| 3 | and its C6, C8 and C9 homologs; | ||||||
| 4 | (34.5) 2-[(1R,3S)-3-hydroxycyclohexyl]-5- | ||||||
| 5 | (2-methyloctan-2-yl)phenol), where side chain n=5; | ||||||
| 6 | and homologues where side chain n=4, 6, or 7; Some | ||||||
| 7 | trade or other names: CP 47,497; | ||||||
| 8 | (35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3- | ||||||
| 9 | (2-methyloctan-2-yl)-6a,7, | ||||||
| 10 | 10,10a-tetrahydrobenzo[c]chromen-1-ol | ||||||
| 11 | Some trade or other names: HU-210; | ||||||
| 12 | (35.5) (6aS,10aS)-9-(hydroxymethyl)-6,6- | ||||||
| 13 | dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- | ||||||
| 14 | tetrahydrobenzo[c]chromen-1-ol, its isomers, | ||||||
| 15 | salts, and salts of isomers; Some trade or other | ||||||
| 16 | names: HU-210, Dexanabinol; | ||||||
| 17 | (36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)- | ||||||
| 18 | 6,6-dimethyl-3-(2-methyloctan-2-yl)- | ||||||
| 19 | 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol | ||||||
| 20 | Some trade or other names: HU-211; | ||||||
| 21 | (37) (2-methyl-1-propyl-1H-indol- | ||||||
| 22 | 3-yl)-1-naphthalenyl-methanone | ||||||
| 23 | Some trade or other names: JWH-015; | ||||||
| 24 | (38) 4-methoxynaphthalen-1-yl- | ||||||
| 25 | (1-pentylindol-3-yl)methanone | ||||||
| 26 | Some trade or other names: JWH-081; | ||||||
| |||||||
| |||||||
| 1 | (39) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole | ||||||
| 2 | Some trade or other names: JWH-122; | ||||||
| 3 | (40) 2-(2-methylphenyl)-1-(1-pentyl- | ||||||
| 4 | 1H-indol-3-yl)-ethanone | ||||||
| 5 | Some trade or other names: JWH-251; | ||||||
| 6 | (41) 1-(2-cyclohexylethyl)-3- | ||||||
| 7 | (2-methoxyphenylacetyl)indole | ||||||
| 8 | Some trade or other names: RCS-8, BTW-8 and SR-18; | ||||||
| 9 | (42) Any compound structurally derived from | ||||||
| 10 | 3-(1-naphthoyl)indole or 1H-indol-3-yl- | ||||||
| 11 | (1-naphthyl)methane by substitution at the | ||||||
| 12 | nitrogen atom of the indole ring by alkyl, haloalkyl, | ||||||
| 13 | alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide, | ||||||
| 14 | alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, | ||||||
| 15 | or 2-(4-morpholinyl)ethyl whether or not further | ||||||
| 16 | substituted in the indole ring to any extent, whether | ||||||
| 17 | or not substituted in the naphthyl ring to any extent. | ||||||
| 18 | Examples of this structural class include, but are | ||||||
| 19 | not limited to, JWH-018, AM-2201, JWH-175, JWH-184, | ||||||
| 20 | and JWH-185; | ||||||
| 21 | (43) Any compound structurally derived from | ||||||
| 22 | 3-(1-naphthoyl)pyrrole by substitution at the nitrogen | ||||||
| 23 | atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, | ||||||
| 24 | cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl | ||||||
| 25 | aryl halide, 1-(N-methyl-2-piperidinyl)methyl, | ||||||
| 26 | or 2-(4-morpholinyl)ethyl, whether or not further | ||||||
| |||||||
| |||||||
| 1 | substituted in the pyrrole ring to any extent, whether | ||||||
| 2 | or not substituted in the naphthyl ring to any extent. | ||||||
| 3 | Examples of this structural class include, but are not | ||||||
| 4 | limited to, JWH-030, JWH-145, JWH-146, JWH-307, and | ||||||
| 5 | JWH-368; | ||||||
| 6 | (44) Any compound structurally derived from | ||||||
| 7 | 1-(1-naphthylmethyl)indene by substitution | ||||||
| 8 | at the 3-position of the indene ring by alkyl, haloalkyl, | ||||||
| 9 | alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl | ||||||
| 10 | halide, alkyl aryl halide, 1-(N-methyl- | ||||||
| 11 | 2-piperidinyl)methyl, or 2-(4- | ||||||
| 12 | morpholinyl)ethyl whether or not further substituted in | ||||||
| 13 | the indene ring to any extent, whether or not substituted | ||||||
| 14 | in the naphthyl ring to any extent. Examples of | ||||||
| 15 | this structural class include, but are not | ||||||
| 16 | limited to, JWH-176; | ||||||
| 17 | (45) Any compound structurally derived from | ||||||
| 18 | 3-phenylacetylindole by substitution at the | ||||||
| 19 | nitrogen atom of the indole ring with alkyl, haloalkyl, | ||||||
| 20 | alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl | ||||||
| 21 | halide, alkyl aryl halide, 1-(N-methyl-2- | ||||||
| 22 | piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, | ||||||
| 23 | whether or not further substituted in the indole ring | ||||||
| 24 | to any extent, whether or not substituted in the phenyl | ||||||
| 25 | ring to any extent. Examples of this structural | ||||||
| 26 | class include, but are not limited to, JWH-167, | ||||||
| |||||||
| |||||||
| 1 | JWH-250, JWH-251, and RCS-8; | ||||||
| 2 | (46) Any compound structurally derived from | ||||||
| 3 | 2-(3-hydroxycyclohexyl)phenol by substitution | ||||||
| 4 | at the 5-position of the phenolic ring by alkyl, | ||||||
| 5 | haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | ||||||
| 6 | aryl halide, alkyl aryl halide, 1-(N-methyl-2- | ||||||
| 7 | piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, | ||||||
| 8 | whether or not substituted in the cyclohexyl ring to any | ||||||
| 9 | extent. Examples of this structural class | ||||||
| 10 | include, but are not limited to, CP 47, | ||||||
| 11 | 497 and its C8 homologue (cannabicyclohexanol); | ||||||
| 12 | (46.1) Benzoylindoles: Any compound | ||||||
| 13 | containing a 3-(benzoyl) indole structure with | ||||||
| 14 | substitution at the nitrogen atom of the | ||||||
| 15 | indole ring by an alkyl, haloalkyl, alkenyl, | ||||||
| 16 | cycloalkylmethyl, cycloalkylethyl, | ||||||
| 17 | 1-(N-methyl-2-piperidinyl)methyl, | ||||||
| 18 | or 2-(4-morpholinyl)ethyl group | ||||||
| 19 | whether or not further substituted | ||||||
| 20 | in the indole ring to any extent and | ||||||
| 21 | whether or not substituted in the phenyl ring | ||||||
| 22 | to any extent. Examples of this structural class | ||||||
| 23 | include, but are not limited, to, AM-630, | ||||||
| 24 | AM-2233, AM-694, Pravadoline (WIN 48,098), and RCS-4; | ||||||
| 25 | (47) 3,4-Methylenedioxymethcathinone | ||||||
| 26 | Some trade or other names: Methylone; | ||||||
| |||||||
| |||||||
| 1 | (48) 3,4-Methyenedioxypyrovalerone | ||||||
| 2 | Some trade or other names: MDPV; | ||||||
| 3 | (49) 4-Methylmethcathinone | ||||||
| 4 | Some trade or other names: Mephedrone; | ||||||
| 5 | (50) 4-methoxymethcathinone; | ||||||
| 6 | (51) 4-Fluoromethcathinone; | ||||||
| 7 | (52) 3-Fluoromethcathinone; | ||||||
| 8 | (53) 2,5-Dimethoxy-4-(n)-propylthio- | ||||||
| 9 | phenethylamine; | ||||||
| 10 | (54) 5-Methoxy-N,N-diisopropyltryptamine; | ||||||
| 11 | (55) Pentedrone; | ||||||
| 12 | (56) 4-iodo-2,5-dimethoxy-N-((2-methoxy | ||||||
| 13 | phenyl)methyl)-benzeneethanamine | ||||||
| 14 | (trade or other name: 25I-NBOMe); | ||||||
| 15 | (57) 4-chloro-2,5-dimethoxy-N-[(2-methoxyphenyl) | ||||||
| 16 | methyl]-benzeneethanamine (trade or other name: | ||||||
| 17 | 25C-NBOMe); | ||||||
| 18 | (58) 4-bromo-2,5-dimethoxy-N-[(2-methoxyphenyl) | ||||||
| 19 | methyl]-benzeneethanamine (trade or other name: | ||||||
| 20 | 25B-NBOMe); | ||||||
| 21 | (59) 3-cyclopropoylindole with | ||||||
| 22 | substitution at the nitrogen atom of the | ||||||
| 23 | indole ring by alkyl, haloalkyl, alkenyl, | ||||||
| 24 | cycloalkylmethyl, cycloalkylethyl, aryl | ||||||
| 25 | halide, alkyl aryl halide, | ||||||
| 26 | 1-(N-methyl-2-piperidinyl)methyl, or | ||||||
| |||||||
| |||||||
| 1 | 2-(4-morpholinyl)ethyl, whether or not | ||||||
| 2 | further substituted on the indole ring | ||||||
| 3 | to any extent, whether or not substituted | ||||||
| 4 | on the cyclopropyl ring to any extent: | ||||||
| 5 | including, but not limited to, XLR11, | ||||||
| 6 | UR144, FUB-144; | ||||||
| 7 | (60) 3-adamantoylindole with | ||||||
| 8 | substitution at the nitrogen atom of the | ||||||
| 9 | indole ring by alkyl, haloalkyl, alkenyl, | ||||||
| 10 | cycloalkylmethyl, cycloalkylethyl, | ||||||
| 11 | aryl halide, alkyl aryl halide, | ||||||
| 12 | 1-(N-methyl-2-piperidinyl)methyl, or | ||||||
| 13 | 2-(4-morpholinyl)ethyl, whether or not | ||||||
| 14 | further substituted on the indole ring to | ||||||
| 15 | any extent, whether or not substituted on | ||||||
| 16 | the adamantyl ring to any extent: including, | ||||||
| 17 | but not limited to, AB-001; | ||||||
| 18 | (61) N-(adamantyl)-indole-3-carboxamide | ||||||
| 19 | with substitution at the nitrogen atom of the | ||||||
| 20 | indole ring by alkyl, haloalkyl, alkenyl, | ||||||
| 21 | cycloalkylmethyl, cycloalkylethyl, aryl halide, | ||||||
| 22 | alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, | ||||||
| 23 | or 2-(4-morpholinyl)ethyl, whether or not further | ||||||
| 24 | substituted on the indole ring to any extent, whether | ||||||
| 25 | or not substituted on the adamantyl ring to any | ||||||
| 26 | extent: including, but not limited to, | ||||||
| |||||||
| |||||||
| 1 | APICA/2NE-1, STS-135; | ||||||
| 2 | (62) N-(adamantyl)-indazole-3-carboxamide | ||||||
| 3 | with substitution at a nitrogen atom of the indazole | ||||||
| 4 | ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, | ||||||
| 5 | cycloalkylethyl, aryl halide, alkyl aryl halide, | ||||||
| 6 | 1-(N-methyl-2-piperidinyl)methyl, or | ||||||
| 7 | 2-(4-morpholinyl)ethyl, whether or not further | ||||||
| 8 | substituted on the indazole ring to any extent, | ||||||
| 9 | whether or not substituted on the adamantyl | ||||||
| 10 | ring to any extent: including, but not limited | ||||||
| 11 | to, AKB48, 5F-AKB48; | ||||||
| 12 | (63) 1H-indole-3-carboxylic acid 8-quinolinyl | ||||||
| 13 | ester with substitution at the nitrogen atom of the | ||||||
| 14 | indole ring by alkyl, haloalkyl, alkenyl, | ||||||
| 15 | cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl | ||||||
| 16 | aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||||||
| 17 | 2-(4-morpholinyl)ethyl, whether or not further | ||||||
| 18 | substituted on the indole ring to any extent, | ||||||
| 19 | whether or not substituted on the quinoline ring | ||||||
| 20 | to any extent: including, but not limited to, PB22, | ||||||
| 21 | 5F-PB22, FUB-PB-22; | ||||||
| 22 | (64) 3-(1-naphthoyl)indazole with | ||||||
| 23 | substitution at the nitrogen atom of the | ||||||
| 24 | indazole ring by alkyl, haloalkyl, | ||||||
| 25 | alkenyl, cycloalkylmethyl, cycloalkylethyl, | ||||||
| 26 | aryl halide, alkyl aryl halide, | ||||||
| |||||||
| |||||||
| 1 | 1-(N-methyl-2-piperidinyl)methyl, or | ||||||
| 2 | 2-(4-morpholinyl)ethyl, whether or not further | ||||||
| 3 | substituted on the indazole ring to any extent, | ||||||
| 4 | whether or not substituted on the naphthyl ring | ||||||
| 5 | to any extent: including, but not limited to, | ||||||
| 6 | THJ-018, THJ-2201; | ||||||
| 7 | (65) 2-(1-naphthoyl)benzimidazole with | ||||||
| 8 | substitution at the nitrogen atom of the benzimidazole | ||||||
| 9 | ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, | ||||||
| 10 | cycloalkylethyl, aryl halide, alkyl aryl halide, | ||||||
| 11 | 1-(N-methyl-2-piperidinyl)methyl, or | ||||||
| 12 | 2-(4-morpholinyl)ethyl, whether or not further | ||||||
| 13 | substituted on the benzimidazole ring to any extent, | ||||||
| 14 | whether or not substituted on the naphthyl ring to | ||||||
| 15 | any extent: including, but not limited to, FUBIMINA; | ||||||
| 16 | (66) N-(1-amino-3-methyl-1-oxobutan-2-yl) | ||||||
| 17 | -1H-indazole-3-carboxamide with substitution on the | ||||||
| 18 | nitrogen atom of the indazole ring by alkyl, | ||||||
| 19 | haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | ||||||
| 20 | aryl halide, alkyl aryl halide, 1-(N-methyl-2- | ||||||
| 21 | piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, | ||||||
| 22 | whether or not further substituted on the indazole | ||||||
| 23 | ring to any extent: including, but not limited to, | ||||||
| 24 | AB-PINACA, AB-FUBINACA, AB-CHMINACA; | ||||||
| 25 | (67) N-(1-amino-3,3-dimethyl-1-oxobutan- | ||||||
| 26 | 2-yl)-1H-indazole-3-carboxamide with substitution | ||||||
| |||||||
| |||||||
| 1 | on the nitrogen atom of the indazole ring by alkyl, | ||||||
| 2 | haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, | ||||||
| 3 | aryl halide, alkyl aryl halide, 1-(N-methyl-2- | ||||||
| 4 | piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether | ||||||
| 5 | or not further substituted on the indazole ring to any | ||||||
| 6 | extent: including, but not limited to, ADB-PINACA, | ||||||
| 7 | ADB-FUBINACA; | ||||||
| 8 | (68) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)- | ||||||
| 9 | 1H-indole-3-carboxamide with substitution on the nitrogen | ||||||
| 10 | atom of the indole ring by alkyl, haloalkyl, alkenyl, | ||||||
| 11 | cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl | ||||||
| 12 | aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or | ||||||
| 13 | 2-(4-morpholinyl)ethyl, whether or not further | ||||||
| 14 | substituted on the indole ring to any extent: | ||||||
| 15 | including, but not limited to, ADBICA, 5F-ADBICA; | ||||||
| 16 | (69) N-(1-amino-3-methyl-1-oxobutan-2-yl)- | ||||||
| 17 | 1H-indole-3-carboxamide with substitution on the | ||||||
| 18 | nitrogen atom of the indole ring by alkyl, haloalkyl, | ||||||
| 19 | alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl | ||||||
| 20 | halide, alkyl aryl halide, 1-(N-methyl-2- | ||||||
| 21 | piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, | ||||||
| 22 | whether or not further substituted on the indole | ||||||
| 23 | ring to any extent: including, but not limited | ||||||
| 24 | to, ABICA, 5F-ABICA; | ||||||
| 25 | (70) Methyl 2-(1H-indazole-3-carboxamido)- | ||||||
| 26 | 3-methylbutanoate with substitution on the nitrogen | ||||||
| |||||||
| |||||||
| 1 | atom of the indazole ring by alkyl, haloalkyl, | ||||||
| 2 | alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl | ||||||
| 3 | halide, alkyl aryl halide, 1-(N-methyl-2- | ||||||
| 4 | piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, | ||||||
| 5 | whether or not further substituted on the indazole | ||||||
| 6 | ring to any extent: including, but not limited to, AMB, | ||||||
| 7 | 5F-AMB. | ||||||
| 8 | (e) Unless specifically excepted or unless listed in | ||||||
| 9 | another
schedule, any material, compound, mixture, or | ||||||
| 10 | preparation which contains
any quantity of the following | ||||||
| 11 | substances having a depressant effect on
the central nervous | ||||||
| 12 | system, including its salts, isomers, and salts of
isomers | ||||||
| 13 | whenever the existence of such salts, isomers, and salts of
| ||||||
| 14 | isomers is possible within the specific chemical designation: | ||||||
| 15 | (1) mecloqualone; | ||||||
| 16 | (2) methaqualone; and | ||||||
| 17 | (3) gamma hydroxybutyric acid. | ||||||
| 18 | (f) Unless specifically excepted or unless listed in | ||||||
| 19 | another schedule,
any material, compound, mixture, or | ||||||
| 20 | preparation which contains any quantity
of the following | ||||||
| 21 | substances having a stimulant effect on the central nervous
| ||||||
| 22 | system, including its salts, isomers, and salts of isomers: | ||||||
| 23 | (1) Fenethylline; | ||||||
| 24 | (2) N-ethylamphetamine; | ||||||
| 25 | (3) Aminorex (some other names:
| ||||||
| 26 | 2-amino-5-phenyl-2-oxazoline; aminoxaphen;
| ||||||
| |||||||
| |||||||
| 1 | 4-5-dihydro-5-phenyl-2-oxazolamine) and its
| ||||||
| 2 | salts, optical isomers, and salts of optical isomers; | ||||||
| 3 | (4) Methcathinone (some other names:
| ||||||
| 4 | 2-methylamino-1-phenylpropan-1-one;
| ||||||
| 5 | Ephedrone; 2-(methylamino)-propiophenone;
| ||||||
| 6 | alpha-(methylamino)propiophenone; N-methylcathinone;
| ||||||
| 7 | methycathinone; Monomethylpropion; UR 1431) and its
| ||||||
| 8 | salts, optical isomers, and salts of optical isomers; | ||||||
| 9 | (5) Cathinone (some trade or other names:
| ||||||
| 10 | 2-aminopropiophenone; alpha-aminopropiophenone;
| ||||||
| 11 | 2-amino-1-phenyl-propanone; norephedrone); | ||||||
| 12 | (6) N,N-dimethylamphetamine (also known as:
| ||||||
| 13 | N,N-alpha-trimethyl-benzeneethanamine;
| ||||||
| 14 | N,N-alpha-trimethylphenethylamine); | ||||||
| 15 | (7) (+ or -) cis-4-methylaminorex ((+ or -) cis-
| ||||||
| 16 | 4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine); | ||||||
| 17 | (8) 3,4-Methylenedioxypyrovalerone (MDPV). | ||||||
| 18 | (g) Temporary listing of substances subject to emergency | ||||||
| 19 | scheduling.
Any material, compound, mixture, or preparation | ||||||
| 20 | that contains any quantity
of the following substances: | ||||||
| 21 | (1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
| ||||||
| 22 | (benzylfentanyl), its optical isomers, isomers, salts,
| ||||||
| 23 | and salts of isomers; | ||||||
| 24 | (2) N-[1(2-thienyl)
| ||||||
| 25 | methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl),
| ||||||
| 26 | its optical isomers, salts, and salts of isomers. | ||||||
| |||||||
| |||||||
| 1 | (h) Synthetic cathinones. Unless specifically excepted, | ||||||
| 2 | any chemical compound not including bupropion, structurally | ||||||
| 3 | derived from 2-aminopropan-1-one by substitution at the | ||||||
| 4 | 1-position with either phenyl, naphthyl, or thiophene ring | ||||||
| 5 | systems, whether or not the compound is further modified in one | ||||||
| 6 | or more of the following ways: | ||||||
| 7 | (1) by substitution in the ring system to | ||||||
| 8 | any extent with alkyl, alkylenedioxy, alkoxy, | ||||||
| 9 | haloalkyl, hydroxyl, or halide substituents, whether | ||||||
| 10 | or not further substituted in the ring system | ||||||
| 11 | by one or more other univalent substituents. | ||||||
| 12 | Examples of this class include, but are not | ||||||
| 13 | limited to, 3,4-Methylenedioxycathinone | ||||||
| 14 | (bk-MDA); | ||||||
| 15 | (2) by substitution at the 3-position | ||||||
| 16 | with an acyclic alkyl substituent. Examples of | ||||||
| 17 | this class include, but are not limited to, | ||||||
| 18 | 2-methylamino-1-phenylbutan-1-one | ||||||
| 19 | (buphedrone); or | ||||||
| 20 | (3) by substitution at the 2-amino nitrogen | ||||||
| 21 | atom with alkyl, dialkyl, benzyl, or methoxybenzyl | ||||||
| 22 | groups, or by inclusion of the 2-amino nitrogen atom | ||||||
| 23 | in a cyclic structure. Examples of this class include, | ||||||
| 24 | but are not limited to, Dimethylcathinone, Ethcathinone, | ||||||
| 25 | and a-Pyrrolidinopropiophenone (a-PPP). | ||||||
| 26 | (Source: P.A. 98-987, eff. 1-1-15; 99-371, eff. 1-1-16; revised | ||||||
| |||||||
| |||||||
| 1 | 10-25-16.)
| ||||||
| 2 | Section 675. The Prevention of Tobacco Use by
Minors and | ||||||
| 3 | Sale and Distribution of Tobacco Products Act is amended by | ||||||
| 4 | changing Sections 1.5 and 2 as follows:
| ||||||
| 5 | (720 ILCS 675/1.5) | ||||||
| 6 | Sec. 1.5. Distribution of alternative nicotine products to | ||||||
| 7 | persons under 18 years of age prohibited. | ||||||
| 8 | (a) For the purposes of this Section, "alternative nicotine | ||||||
| 9 | product" means a product or device not consisting of or | ||||||
| 10 | containing tobacco that provides for the ingestion into the | ||||||
| 11 | body of nicotine, whether by chewing, smoking, absorbing, | ||||||
| 12 | dissolving, inhaling, snorting, sniffing, or by any other | ||||||
| 13 | means. "Alternative nicotine product" excludes cigarettes, | ||||||
| 14 | smokeless tobacco, or other tobacco products as these terms are | ||||||
| 15 | defined in Section 1 of this Act and any product approved by | ||||||
| 16 | the United States Food and Drug Administration as a non-tobacco | ||||||
| 17 | product for sale as a tobacco cessation product, as a tobacco | ||||||
| 18 | dependence product, or for other medical purposes, and is being | ||||||
| 19 | marketed and sold solely for that approved purpose. | ||||||
| 20 | (b) A person, either directly or indirectly by an agent or | ||||||
| 21 | employee, or by a vending machine
owned by the person or | ||||||
| 22 | located in the person's establishment, may not sell, offer for | ||||||
| 23 | sale, give,
or furnish any alternative nicotine product, or any | ||||||
| 24 | cartridge or component of an alternative nicotine product, to a | ||||||
| |||||||
| |||||||
| 1 | person under 18 years of age. | ||||||
| 2 | (c) Before selling, offering for sale, giving, or | ||||||
| 3 | furnishing an alternative nicotine product, or any cartridge
or | ||||||
| 4 | component of an alternative nicotine product, to another | ||||||
| 5 | person, the person selling, offering for sale, giving, or | ||||||
| 6 | furnishing the alternative nicotine product shall verify that | ||||||
| 7 | the
person is at least 18 years of age by: | ||||||
| 8 | (1) examining from any person that appears to
be under | ||||||
| 9 | 27 years of age a government-issued photographic | ||||||
| 10 | identification that establishes
the person is at least 18 | ||||||
| 11 | years of age or | ||||||
| 12 | (2) for sales made through though the Internet or other
| ||||||
| 13 | remote sales methods, performing an age verification | ||||||
| 14 | through an independent, third-party
age verification | ||||||
| 15 | service that compares information available from public | ||||||
| 16 | records to the
personal information entered by the person | ||||||
| 17 | during the ordering process that establishes
the person is | ||||||
| 18 | 18 years of age or older.
| ||||||
| 19 | (d) A person under 18 years of age shall not possess an | ||||||
| 20 | alternative nicotine product. | ||||||
| 21 | (Source: P.A. 98-350, eff. 1-1-14; 99-496, eff. 6-1-16; revised | ||||||
| 22 | 10-25-16.)
| ||||||
| 23 | (720 ILCS 675/2) (from Ch. 23, par. 2358)
| ||||||
| 24 | Sec. 2. Penalties. | ||||||
| 25 | (a) Any person who violates subsection (a) or (a-5) of | ||||||
| |||||||
| |||||||
| 1 | Section 1 or subsection (b) or (c) of Section 1.5 of this Act | ||||||
| 2 | is guilty of a petty offense. For the first offense in a | ||||||
| 3 | 24-month period, the person shall be fined $200 if his or her | ||||||
| 4 | employer has a training program that facilitates compliance | ||||||
| 5 | with minimum-age tobacco laws. For the second offense in a | ||||||
| 6 | 24-month period, the person shall be fined $400 if his or her | ||||||
| 7 | employer has a training program that facilitates compliance | ||||||
| 8 | with minimum-age tobacco laws. For the third offense in a | ||||||
| 9 | 24-month period, the person shall be fined $600 if his or her | ||||||
| 10 | employer has a training program that facilitates compliance | ||||||
| 11 | with minimum-age tobacco laws. For the fourth or subsequent | ||||||
| 12 | offense in a 24-month period, the person shall be fined $800 if | ||||||
| 13 | his or her employer has a training program that facilitates | ||||||
| 14 | compliance with minimum-age tobacco laws. For the purposes of | ||||||
| 15 | this subsection, the 24-month period shall begin with the | ||||||
| 16 | person's first violation of the Act. The penalties in this | ||||||
| 17 | subsection are in addition to any other penalties prescribed | ||||||
| 18 | under the Cigarette Tax Act and the Tobacco Products Tax Act of | ||||||
| 19 | 1995. | ||||||
| 20 | (a-5) Any retailer who violates subsection (a) or (a-5) of | ||||||
| 21 | Section 1 or subsection (b) or (c) of Section 1.5 of this Act | ||||||
| 22 | is guilty of a petty offense. For the first offense, the | ||||||
| 23 | retailer shall be fined $200 if it does not have a training | ||||||
| 24 | program that facilitates compliance with minimum-age tobacco | ||||||
| 25 | laws. For the second offense, the retailer shall be fined $400 | ||||||
| 26 | if it does not have a training program that facilitates | ||||||
| |||||||
| |||||||
| 1 | compliance with minimum-age tobacco laws. For the third | ||||||
| 2 | offense, the retailer shall be fined $600 if it does not have a | ||||||
| 3 | training program that facilitates compliance with minimum-age | ||||||
| 4 | tobacco laws. For the fourth or subsequent offense in a | ||||||
| 5 | 24-month period, the retailer shall be fined $800 if it does | ||||||
| 6 | not have a training program that facilitates compliance with | ||||||
| 7 | minimum-age tobacco laws. For the purposes of this subsection, | ||||||
| 8 | the 24-month period shall begin with the person's first | ||||||
| 9 | violation of the Act. The penalties in this subsection are in | ||||||
| 10 | addition to any other penalties prescribed under the Cigarette | ||||||
| 11 | Tax Act and the Tobacco Products Tax Act of 1995. | ||||||
| 12 | (a-6) For the purpose of this Act, a training program that | ||||||
| 13 | facilitates compliance with minimum-age tobacco laws must | ||||||
| 14 | include at least the following elements: (i) it must explain | ||||||
| 15 | that only individuals displaying valid identification | ||||||
| 16 | demonstrating that they are 18 years of age or older shall be | ||||||
| 17 | eligible to purchase cigarettes or tobacco products and (ii) it | ||||||
| 18 | must explain where a clerk can check identification for a date | ||||||
| 19 | of birth. The training may be conducted electronically. Each | ||||||
| 20 | retailer that has a training program shall require each | ||||||
| 21 | employee who completes the training program to sign a form | ||||||
| 22 | attesting that the employee has received and completed tobacco | ||||||
| 23 | training. The form shall be kept in the employee's file and may | ||||||
| 24 | be used to provide proof of training.
| ||||||
| 25 | (b) If a minor violates subsection (a-7) of Section 1 or | ||||||
| 26 | subsection (d) of Section 1.5, he or she is guilty of a petty | ||||||
| |||||||
| |||||||
| 1 | offense and the court may
impose a sentence of 25 hours of
| ||||||
| 2 | community
service and a fine of $50 for a first violation. If a | ||||||
| 3 | minor violates subsection (a-6) of Section 1, he or she is | ||||||
| 4 | guilty of a Class A misdemeanor.
| ||||||
| 5 | (c) A second violation by a minor of subsection (a-7) of | ||||||
| 6 | Section 1 or subsection (d) of Section 1.5 that occurs
within | ||||||
| 7 | 12 months after the first violation is punishable by a fine of | ||||||
| 8 | $75 and 50
hours of community service.
| ||||||
| 9 | (d) A third or subsequent violation by a minor of | ||||||
| 10 | subsection (a-7) of Section
1
or subsection (d) of Section 1.5 | ||||||
| 11 | that
occurs within 12 months after the first violation is | ||||||
| 12 | punishable by a $200
fine
and 50 hours of community service.
| ||||||
| 13 | (e) Any second or subsequent violation not within the | ||||||
| 14 | 12-month time period
after
the first violation is punishable as | ||||||
| 15 | provided for a first violation.
| ||||||
| 16 | (f) If a minor is convicted of or placed on supervision for | ||||||
| 17 | a violation of
subsection (a-6) or (a-7) of Section 1 or | ||||||
| 18 | subsection (d) of Section 1.5, the court may, in its | ||||||
| 19 | discretion, and upon
recommendation by the State's Attorney, | ||||||
| 20 | order that minor and his or her parents
or legal
guardian to | ||||||
| 21 | attend a smoker's education or youth diversion program if that
| ||||||
| 22 | program is available in the jurisdiction where the offender | ||||||
| 23 | resides.
Attendance at a smoker's education or youth diversion | ||||||
| 24 | program
shall be time-credited against any community service | ||||||
| 25 | time imposed for any
first violation of subsection (a-7) of | ||||||
| 26 | Section 1. In addition to any other
penalty
that the court may | ||||||
| |||||||
| |||||||
| 1 | impose for a violation of subsection (a-7) of Section 1 or | ||||||
| 2 | subsection (d) of Section 1.5, the
court, upon request by the | ||||||
| 3 | State's Attorney, may in its discretion
require
the offender to | ||||||
| 4 | remit a fee for his or her attendance at a smoker's
education | ||||||
| 5 | or
youth diversion program.
| ||||||
| 6 | (g) For purposes of this Section, "smoker's education
| ||||||
| 7 | program"
or
"youth diversion program" includes, but is not | ||||||
| 8 | limited to, a seminar designed
to educate a person on the | ||||||
| 9 | physical and psychological effects of smoking
tobacco products | ||||||
| 10 | and alternative nicotine products and the health consequences | ||||||
| 11 | of smoking tobacco products
and alternative nicotine products | ||||||
| 12 | that can be conducted with a locality's youth diversion | ||||||
| 13 | program.
| ||||||
| 14 | (h) All moneys collected as fines for violations of | ||||||
| 15 | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
and | ||||||
| 16 | subsection (b), (c), or (d) of Section 1.5 shall be distributed | ||||||
| 17 | in the following manner:
| ||||||
| 18 | (1) one-half of each fine shall be distributed to the | ||||||
| 19 | unit of local
government or other entity that successfully | ||||||
| 20 | prosecuted the offender;
and
| ||||||
| 21 | (2) one-half shall be remitted to the State to be used | ||||||
| 22 | for enforcing this
Act.
| ||||||
| 23 | Any violation of subsection (a) or (a-5) of Section 1 or | ||||||
| 24 | subsection (b) or (c) of Section 1.5 shall be reported to the | ||||||
| 25 | Department of Revenue within 7 business days. | ||||||
| 26 | (Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16; | ||||||
| |||||||
| |||||||
| 1 | 99-192, eff. 1-1-16; 99-496, eff. 6-1-16; revised 9-14-16.)
| ||||||
| 2 | Section 680. The Code of Criminal Procedure of 1963 is | ||||||
| 3 | amended by changing Sections 115-9.2 and 115-10 as follows:
| ||||||
| 4 | (725 ILCS 5/115-9.2) | ||||||
| 5 | Sec. 115-9.2. Currency used in undercover investigation. | ||||||
| 6 | (a) In a prosecution in which United States currency was | ||||||
| 7 | used by a law enforcement officer or agency or by a person | ||||||
| 8 | acting under the direction of a law enforcement officer or | ||||||
| 9 | agency in an undercover investigation of an offense that has | ||||||
| 10 | imprisonment as an available sentence for a violation of the | ||||||
| 11 | offense, the court shall receive, as competent evidence, a | ||||||
| 12 | photograph, photostatic copy, or photocopy of the currency used | ||||||
| 13 | in the undercover investigation, if the photograph, | ||||||
| 14 | photostatic copy, or photocopy: | ||||||
| 15 | (1) the photograph, photostatic copy, or photocopy | ||||||
| 16 | will serve the purpose of demonstrating the nature of the | ||||||
| 17 | currency; | ||||||
| 18 | (2) the individual serial numbers of the currency are | ||||||
| 19 | clearly visible or if the amount of currency exceeds $500 | ||||||
| 20 | the individual serial numbers of a sample of 10% of the | ||||||
| 21 | currency are clearly visible, and any identification marks | ||||||
| 22 | placed on the currency by law enforcement as part of the | ||||||
| 23 | investigation are clearly visible; | ||||||
| 24 | (3) the photograph, photostatic copy, or photocopy | ||||||
| |||||||
| |||||||
| 1 | complies with federal law, rule, or regulation | ||||||
| 2 | requirements on photographs, photostatic copies, or | ||||||
| 3 | photocopies of United States currency; and | ||||||
| 4 | (4) the photograph, photostatic copy, or photocopy is | ||||||
| 5 | otherwise admissible into evidence under all other rules of | ||||||
| 6 | law governing the admissibility of photographs, | ||||||
| 7 | photostatic copies, or photocopies into evidence. | ||||||
| 8 | (b) The fact that it is impractical to introduce into | ||||||
| 9 | evidence the actual currency for any reason, including its | ||||||
| 10 | size, weight, or unavailability, need not be established for | ||||||
| 11 | the court to find a photograph, photostatic copy, or photocopy | ||||||
| 12 | of that currency to be competent evidence. | ||||||
| 13 | (c) If a photograph, photostatic copy, or photocopy is | ||||||
| 14 | found to be competent evidence under this Section, it is | ||||||
| 15 | admissible into evidence in place of the currency and to the | ||||||
| 16 | same extent as the currency itself.
| ||||||
| 17 | (Source: P.A. 99-685, eff. 1-1-17; revised 10-27-16.)
| ||||||
| 18 | (725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
| ||||||
| 19 | Sec. 115-10. Certain hearsay exceptions.
| ||||||
| 20 | (a) In a prosecution for a physical or sexual act | ||||||
| 21 | perpetrated upon or
against a child under the age of 13, a
| ||||||
| 22 | person with an intellectual disability, a person with a | ||||||
| 23 | cognitive impairment, or a person with a developmental | ||||||
| 24 | disability, including, but not
limited, to, prosecutions for | ||||||
| 25 | violations of Sections 11-1.20 through 11-1.60 or 12-13 through | ||||||
| |||||||
| |||||||
| 1 | 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 2 | and prosecutions for violations of Sections
10-1 (kidnapping), | ||||||
| 3 | 10-2 (aggravated kidnapping), 10-3 (unlawful restraint), | ||||||
| 4 | 10-3.1 (aggravated unlawful restraint), 10-4 (forcible | ||||||
| 5 | detention), 10-5 (child abduction), 10-6 (harboring a | ||||||
| 6 | runaway), 10-7 (aiding or abetting child abduction), 11-9 | ||||||
| 7 | (public indecency), 11-11 (sexual relations within families), | ||||||
| 8 | 11-21 (harmful material), 12-1 (assault), 12-2 (aggravated | ||||||
| 9 | assault), 12-3 (battery), 12-3.2 (domestic battery), 12-3.3 | ||||||
| 10 | (aggravated domestic battery), 12-3.05 or
12-4 (aggravated | ||||||
| 11 | battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery | ||||||
| 12 | with a firearm), 12-4.3 (aggravated battery of a child), 12-4.7 | ||||||
| 13 | (drug induced infliction of great bodily harm), 12-5 (reckless | ||||||
| 14 | conduct), 12-6 (intimidation), 12-6.1 or 12-6.5 (compelling | ||||||
| 15 | organization membership of persons), 12-7.1 (hate crime), | ||||||
| 16 | 12-7.3 (stalking),
12-7.4 (aggravated stalking), 12-10 or | ||||||
| 17 | 12C-35 (tattooing the body of a minor), 12-11 or 19-6 (home | ||||||
| 18 | invasion), 12-21.5 or 12C-10 (child abandonment), 12-21.6 or | ||||||
| 19 | 12C-5 (endangering the life or health of a child) or 12-32 | ||||||
| 20 | (ritual mutilation) of the Criminal Code of
1961 or the | ||||||
| 21 | Criminal Code of 2012 or any sex offense as defined in | ||||||
| 22 | subsection (B) of Section 2 of the Sex Offender Registration | ||||||
| 23 | Act, the following evidence shall be admitted as an exception | ||||||
| 24 | to the
hearsay rule:
| ||||||
| 25 | (1) testimony by the victim of an out of court | ||||||
| 26 | statement made by the
victim that he or
she complained of | ||||||
| |||||||
| |||||||
| 1 | such act to another; and
| ||||||
| 2 | (2) testimony of an out of court statement made by the | ||||||
| 3 | victim describing
any complaint of such act or matter or | ||||||
| 4 | detail pertaining to any act which is an
element of an | ||||||
| 5 | offense which is the subject of a prosecution for a sexual | ||||||
| 6 | or
physical act against that victim.
| ||||||
| 7 | (b) Such testimony shall only be admitted if:
| ||||||
| 8 | (1) The court finds in a hearing conducted outside the | ||||||
| 9 | presence of the
jury that the time, content, and | ||||||
| 10 | circumstances of the statement provide
sufficient | ||||||
| 11 | safeguards of reliability; and
| ||||||
| 12 | (2) The child or person with an intellectual | ||||||
| 13 | disability, a cognitive impairment, or developmental | ||||||
| 14 | disability either:
| ||||||
| 15 | (A) testifies at the proceeding; or
| ||||||
| 16 | (B) is unavailable as a witness and there is | ||||||
| 17 | corroborative evidence of
the act which is the subject | ||||||
| 18 | of the statement; and
| ||||||
| 19 | (3) In a case involving an offense perpetrated against | ||||||
| 20 | a child under the
age of 13, the out of court statement was | ||||||
| 21 | made before the
victim attained 13 years of age or within 3 | ||||||
| 22 | months after the commission of the
offense, whichever | ||||||
| 23 | occurs later, but the statement may be admitted regardless
| ||||||
| 24 | of the age of
the victim at the time of the proceeding.
| ||||||
| 25 | (c) If a statement is admitted pursuant to this Section, | ||||||
| 26 | the court shall
instruct the jury that it is for the jury to | ||||||
| |||||||
| |||||||
| 1 | determine the weight and
credibility to be given the statement | ||||||
| 2 | and that, in making the determination,
it shall consider the | ||||||
| 3 | age and maturity of the child, or the
intellectual capabilities | ||||||
| 4 | of the person with an intellectual disability, a cognitive | ||||||
| 5 | impairment, or developmental disability, the nature of the | ||||||
| 6 | statement, the circumstances under which the
statement was | ||||||
| 7 | made, and any other relevant factor.
| ||||||
| 8 | (d) The proponent of the statement shall give the adverse | ||||||
| 9 | party
reasonable notice of his intention to offer the statement | ||||||
| 10 | and the
particulars of the statement.
| ||||||
| 11 | (e) Statements described in paragraphs (1) and (2) of | ||||||
| 12 | subsection (a) shall
not be excluded on the basis that they | ||||||
| 13 | were obtained as a result of interviews
conducted pursuant to a | ||||||
| 14 | protocol adopted by a Child Advocacy Advisory Board as
set | ||||||
| 15 | forth in subsections (c), (d), and (e) of Section 3 of the | ||||||
| 16 | Children's
Advocacy Center Act or that an interviewer or | ||||||
| 17 | witness to the interview was or
is an employee, agent, or | ||||||
| 18 | investigator of a State's Attorney's office.
| ||||||
| 19 | (f) For the purposes of this Section: | ||||||
| 20 | "Person with a cognitive impairment" means a person with a | ||||||
| 21 | significant impairment of cognition or memory that represents a | ||||||
| 22 | marked deterioration from a previous level of function. | ||||||
| 23 | Cognitive impairment includes, but is not limited to, dementia, | ||||||
| 24 | amnesia, delirium, or a traumatic brain injury. | ||||||
| 25 | "Person with a developmental disability" means a person | ||||||
| 26 | with a disability that is attributable to (1) an intellectual | ||||||
| |||||||
| |||||||
| 1 | disability, cerebral palsy, epilepsy, or autism, or (2) any | ||||||
| 2 | other condition that results in an impairment similar to that | ||||||
| 3 | caused by an intellectual disability and requires services | ||||||
| 4 | similar to those required by a person with an intellectual | ||||||
| 5 | disability. | ||||||
| 6 | "Person with an intellectual disability" means a person | ||||||
| 7 | with significantly subaverage general intellectual functioning | ||||||
| 8 | which exists concurrently with an impairment in adaptive | ||||||
| 9 | behavior. | ||||||
| 10 | (Source: P.A. 99-143, eff. 7-27-15; 99-752, eff. 1-1-17; | ||||||
| 11 | revised 10-27-16.)
| ||||||
| 12 | Section 685. The Sexual Assault Incident Procedure Act is | ||||||
| 13 | amended by changing Sections 15 and 20 as follows:
| ||||||
| 14 | (725 ILCS 203/15)
| ||||||
| 15 | Sec. 15. Sexual assault incident policies. | ||||||
| 16 | (a) On or before January 1, 2018, every law enforcement | ||||||
| 17 | agency shall develop, adopt, and implement written policies | ||||||
| 18 | regarding procedures for incidents of sexual assault or sexual | ||||||
| 19 | abuse consistent with the guidelines developed under | ||||||
| 20 | subsection (b) of this Section. In developing these policies, | ||||||
| 21 | each law enforcement agency is encouraged to consult with other | ||||||
| 22 | law enforcement agencies, sexual assault advocates, and sexual | ||||||
| 23 | assault nurse examiners with expertise in recognizing and | ||||||
| 24 | handling sexual assault and sexual abuse incidents. These | ||||||
| |||||||
| |||||||
| 1 | policies must include mandatory sexual assault and sexual abuse | ||||||
| 2 | response training as required in Section 10.21 10.19 of the | ||||||
| 3 | Illinois Police Training Act and Sections 2605-53 and 2605-98 | ||||||
| 4 | of the Department of State Police Law of the Civil | ||||||
| 5 | Administrative Code of Illinois. | ||||||
| 6 | (b) On or before July 1, 2017, the Office of the Attorney | ||||||
| 7 | General, in consultation with the Illinois Law Enforcement | ||||||
| 8 | Training Standards Board and the Department of State Police, | ||||||
| 9 | shall develop and make available to each law enforcement | ||||||
| 10 | agency, comprehensive guidelines for creation of a law | ||||||
| 11 | enforcement agency policy on evidence-based, trauma-informed, | ||||||
| 12 | victim-centered sexual assault and sexual abuse response and | ||||||
| 13 | investigation. | ||||||
| 14 | These guidelines shall include, but not be limited to the | ||||||
| 15 | following: | ||||||
| 16 | (1) dispatcher or call taker response; | ||||||
| 17 | (2) responding officer duties; | ||||||
| 18 | (3) duties of officers investigating sexual assaults | ||||||
| 19 | and sexual abuse; | ||||||
| 20 | (4) supervisor duties; | ||||||
| 21 | (5) report writing; | ||||||
| 22 | (6) reporting methods; | ||||||
| 23 | (7) victim interviews; | ||||||
| 24 | (8) evidence collection; | ||||||
| 25 | (9) sexual assault medical forensic examinations; | ||||||
| 26 | (10) suspect interviews; | ||||||
| |||||||
| |||||||
| 1 | (11) suspect forensic exams; | ||||||
| 2 | (12) witness interviews; | ||||||
| 3 | (13) sexual assault response and resource teams, if | ||||||
| 4 | applicable; | ||||||
| 5 | (14) working with victim advocates; | ||||||
| 6 | (15) working with prosecutors; | ||||||
| 7 | (16) victims' rights; | ||||||
| 8 | (17) victim notification; and | ||||||
| 9 | (18) consideration for specific populations or | ||||||
| 10 | communities.
| ||||||
| 11 | (Source: P.A. 99-801, eff. 1-1-17; revised 10-21-16.)
| ||||||
| 12 | (725 ILCS 203/20)
| ||||||
| 13 | Sec. 20. Reports by law enforcement officers. | ||||||
| 14 | (a) A law enforcement officer shall complete a written | ||||||
| 15 | police report upon receiving the following, regardless of where | ||||||
| 16 | the incident occurred: | ||||||
| 17 | (1) an allegation by a person that the person has been | ||||||
| 18 | sexually assaulted or sexually abused regardless of | ||||||
| 19 | jurisdiction; | ||||||
| 20 | (2) information from hospital or medical personnel | ||||||
| 21 | provided under Section 3.2 of the Criminal Identification | ||||||
| 22 | Act; or | ||||||
| 23 | (3) information from a witness who personally observed | ||||||
| 24 | what appeared to be a sexual assault or sexual abuse or | ||||||
| 25 | attempted sexual assault or sexual abuse. | ||||||
| |||||||
| |||||||
| 1 | (b) The written report shall include the following, if | ||||||
| 2 | known: | ||||||
| 3 | (1) the victim's name or other identifier; | ||||||
| 4 | (2) the victim's contact information; | ||||||
| 5 | (3) time, date, and location of offense; | ||||||
| 6 | (4) information provided by the victim; | ||||||
| 7 | (5) the suspect's description and name, if known; | ||||||
| 8 | (6) names of persons with information relevant to the | ||||||
| 9 | time before, during, or after the sexual assault or sexual | ||||||
| 10 | abuse, and their contact information; | ||||||
| 11 | (7) names of medical professionals who provided a | ||||||
| 12 | medical forensic examination of the victim and any | ||||||
| 13 | information they provided about the sexual assault or | ||||||
| 14 | sexual abuse; | ||||||
| 15 | (8) whether an Illinois State Police Sexual Assault | ||||||
| 16 | Evidence Collection Kit was completed, the name and contact | ||||||
| 17 | information for the hospital, and whether the victim | ||||||
| 18 | consented to testing of the Evidence Collection Kit by law | ||||||
| 19 | enforcement; | ||||||
| 20 | (9) whether a urine or blood sample was collected and | ||||||
| 21 | whether the victim consented to testing of a toxicology | ||||||
| 22 | screen by law enforcement; | ||||||
| 23 | (10) information the victim related to medical | ||||||
| 24 | professionals during a medical forensic examination which | ||||||
| 25 | the victim consented to disclosure to law enforcement; and | ||||||
| 26 | (11) other relevant information. | ||||||
| |||||||
| |||||||
| 1 | (c) If the sexual assault or sexual abuse occurred in | ||||||
| 2 | another jurisdiction, the law enforcement officer taking the | ||||||
| 3 | report must submit the report to the law enforcement agency | ||||||
| 4 | having jurisdiction in person or via fax or email within 24 | ||||||
| 5 | hours of receiving information about the sexual assault or | ||||||
| 6 | sexual abuse. | ||||||
| 7 | (d) Within 24 hours of receiving a report from a law | ||||||
| 8 | enforcement agency in another jurisdiction in accordance with | ||||||
| 9 | subsection (c), the law enforcement agency having jurisdiction | ||||||
| 10 | shall submit a written confirmation to the law enforcement | ||||||
| 11 | agency that wrote the report. The written confirmation shall | ||||||
| 12 | contain the name and identifier of the person and confirming | ||||||
| 13 | receipt of the report and a name and contact phone number that | ||||||
| 14 | will be given to the victim. The written confirmation shall be | ||||||
| 15 | delivered in person or via fax or email. | ||||||
| 16 | (e) No law enforcement officer shall require a victim of | ||||||
| 17 | sexual assault or sexual abuse to submit to an interview. | ||||||
| 18 | (f) No law enforcement agency may refuse to complete a | ||||||
| 19 | written report as required by this Section on any ground. | ||||||
| 20 | (g) All law enforcement agencies shall ensure that all | ||||||
| 21 | officers responding to or investigating a complaint of sexual | ||||||
| 22 | assault or sexual abuse have successfully completed training | ||||||
| 23 | under Section 10.21 10.19 of the Illinois Police Training Act | ||||||
| 24 | and Section 2605-98 of the Department of State Police Law of | ||||||
| 25 | the Civil Administrative Code of Illinois.
| ||||||
| 26 | (Source: P.A. 99-801, eff. 1-1-17; revised 10-21-16.)
| ||||||
| |||||||
| |||||||
| 1 | Section 690. The Unified Code of Corrections is amended by | ||||||
| 2 | changing Sections 3-3-7, 5-6-3.1, 5-8-1.2, 5-8-8, 5-8A-3, | ||||||
| 3 | 5-8A-5, and 5-8A-7 as follows:
| ||||||
| 4 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||||
| 5 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||||||
| 6 | Release.
| ||||||
| 7 | (a) The conditions of parole or mandatory
supervised | ||||||
| 8 | release shall be such as the Prisoner Review
Board deems | ||||||
| 9 | necessary to assist the subject in leading a
law-abiding life. | ||||||
| 10 | The conditions of every parole and mandatory
supervised release | ||||||
| 11 | are that the subject:
| ||||||
| 12 | (1) not violate any criminal statute of any | ||||||
| 13 | jurisdiction
during the parole or release term;
| ||||||
| 14 | (2) refrain from possessing a firearm or other | ||||||
| 15 | dangerous
weapon;
| ||||||
| 16 | (3) report to an agent of the Department of | ||||||
| 17 | Corrections;
| ||||||
| 18 | (4) permit the agent to visit him or her at his or her | ||||||
| 19 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
| 20 | the agent to discharge his or her duties;
| ||||||
| 21 | (5) attend or reside in a facility established for the | ||||||
| 22 | instruction or
residence
of persons on
parole or mandatory | ||||||
| 23 | supervised release;
| ||||||
| 24 | (6) secure permission before visiting or writing a | ||||||
| |||||||
| |||||||
| 1 | committed person in an
Illinois Department
of Corrections | ||||||
| 2 | facility;
| ||||||
| 3 | (7) report all arrests to an agent of the Department of | ||||||
| 4 | Corrections as
soon as
permitted by the
arresting authority | ||||||
| 5 | but in no event later than 24 hours after release from
| ||||||
| 6 | custody and immediately report service or notification of | ||||||
| 7 | an order of protection, a civil no contact order, or a | ||||||
| 8 | stalking no contact order to an agent of the Department of | ||||||
| 9 | Corrections;
| ||||||
| 10 | (7.5) if convicted of a sex offense as defined in the | ||||||
| 11 | Sex Offender
Management Board Act, the individual shall | ||||||
| 12 | undergo and successfully complete
sex offender treatment | ||||||
| 13 | conducted in conformance with the standards developed by
| ||||||
| 14 | the Sex
Offender Management Board Act by a treatment | ||||||
| 15 | provider approved by the Board;
| ||||||
| 16 | (7.6) if convicted of a sex offense as defined in the | ||||||
| 17 | Sex Offender
Management Board Act, refrain from residing at | ||||||
| 18 | the same address or in the same condominium unit or | ||||||
| 19 | apartment unit or in the same condominium complex or | ||||||
| 20 | apartment complex with another person he or she knows or | ||||||
| 21 | reasonably should know is a convicted sex offender or has | ||||||
| 22 | been placed on supervision for a sex offense; the | ||||||
| 23 | provisions of this paragraph do not apply to a person | ||||||
| 24 | convicted of a sex offense who is placed in a Department of | ||||||
| 25 | Corrections licensed transitional housing facility for sex | ||||||
| 26 | offenders, or is in any facility operated or licensed by | ||||||
| |||||||
| |||||||
| 1 | the Department of Children and Family Services or by the | ||||||
| 2 | Department of Human Services, or is in any licensed medical | ||||||
| 3 | facility;
| ||||||
| 4 | (7.7) if convicted for an offense that would qualify | ||||||
| 5 | the accused as a sexual predator under the Sex Offender | ||||||
| 6 | Registration Act on or after January 1, 2007 (the effective | ||||||
| 7 | date of Public Act 94-988), wear an approved electronic | ||||||
| 8 | monitoring device as defined in Section 5-8A-2 for the | ||||||
| 9 | duration of the person's parole, mandatory supervised | ||||||
| 10 | release term, or extended mandatory supervised release | ||||||
| 11 | term and if convicted for an offense of criminal sexual | ||||||
| 12 | assault, aggravated criminal sexual assault, predatory | ||||||
| 13 | criminal sexual assault of a child, criminal sexual abuse, | ||||||
| 14 | aggravated criminal sexual abuse, or ritualized abuse of a | ||||||
| 15 | child committed on or after August 11, 2009 (the effective | ||||||
| 16 | date of Public Act 96-236) when the victim was under 18 | ||||||
| 17 | years of age at the time of the commission of the offense | ||||||
| 18 | and the defendant used force or the threat of force in the | ||||||
| 19 | commission of the offense wear an approved electronic | ||||||
| 20 | monitoring device as defined in Section 5-8A-2 that has | ||||||
| 21 | Global Positioning System (GPS) capability for the | ||||||
| 22 | duration of the person's parole, mandatory supervised | ||||||
| 23 | release term, or extended mandatory supervised release | ||||||
| 24 | term;
| ||||||
| 25 | (7.8) if convicted for an offense committed on or after | ||||||
| 26 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
| |||||||
| |||||||
| 1 | would qualify the accused as a child sex offender as | ||||||
| 2 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
| 3 | 1961 or the Criminal Code of 2012, refrain from | ||||||
| 4 | communicating with or contacting, by means of the Internet, | ||||||
| 5 | a person who is not related to the accused and whom the | ||||||
| 6 | accused reasonably believes to be under 18 years of age; | ||||||
| 7 | for purposes of this paragraph (7.8), "Internet" has the | ||||||
| 8 | meaning ascribed to it in Section 16-0.1 of the Criminal | ||||||
| 9 | Code of 2012; and a person is not related to the accused if | ||||||
| 10 | the person is not: (i) the spouse, brother, or sister of | ||||||
| 11 | the accused; (ii) a descendant of the accused; (iii) a | ||||||
| 12 | first or second cousin of the accused; or (iv) a step-child | ||||||
| 13 | or adopted child of the accused;
| ||||||
| 14 | (7.9)
if convicted under Section 11-6, 11-20.1, | ||||||
| 15 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or | ||||||
| 16 | the Criminal Code of 2012, consent to search of computers, | ||||||
| 17 | PDAs, cellular phones, and other devices under his or her | ||||||
| 18 | control that are capable of accessing the Internet or | ||||||
| 19 | storing electronic files, in order to confirm Internet | ||||||
| 20 | protocol addresses reported in accordance with the Sex | ||||||
| 21 | Offender Registration Act and compliance with conditions | ||||||
| 22 | in this Act;
| ||||||
| 23 | (7.10)
if convicted for an offense that would qualify | ||||||
| 24 | the accused as a sex offender or sexual predator under the | ||||||
| 25 | Sex Offender Registration Act on or after June 1, 2008 (the | ||||||
| 26 | effective date of Public Act 95-640), not possess | ||||||
| |||||||
| |||||||
| 1 | prescription drugs for erectile dysfunction;
| ||||||
| 2 | (7.11) if convicted for an offense under Section 11-6, | ||||||
| 3 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
| 4 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
| 5 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 6 | or any attempt to commit any of these offenses, committed | ||||||
| 7 | on or after June 1, 2009 (the effective date of Public Act | ||||||
| 8 | 95-983): | ||||||
| 9 | (i) not access or use a computer or any other | ||||||
| 10 | device with Internet capability without the prior | ||||||
| 11 | written approval of the Department; | ||||||
| 12 | (ii) submit to periodic unannounced examinations | ||||||
| 13 | of the offender's computer or any other device with | ||||||
| 14 | Internet capability by the offender's supervising | ||||||
| 15 | agent, a law enforcement officer, or assigned computer | ||||||
| 16 | or information technology specialist, including the | ||||||
| 17 | retrieval and copying of all data from the computer or | ||||||
| 18 | device and any internal or external peripherals and | ||||||
| 19 | removal of such information, equipment, or device to | ||||||
| 20 | conduct a more thorough inspection; | ||||||
| 21 | (iii) submit to the installation on the offender's | ||||||
| 22 | computer or device with Internet capability, at the | ||||||
| 23 | offender's expense, of one or more hardware or software | ||||||
| 24 | systems to monitor the Internet use; and | ||||||
| 25 | (iv) submit to any other appropriate restrictions | ||||||
| 26 | concerning the offender's use of or access to a | ||||||
| |||||||
| |||||||
| 1 | computer or any other device with Internet capability | ||||||
| 2 | imposed by the Board, the Department or the offender's | ||||||
| 3 | supervising agent; | ||||||
| 4 | (7.12) if convicted of a sex offense as defined in the | ||||||
| 5 | Sex Offender
Registration Act committed on or after January | ||||||
| 6 | 1, 2010 (the effective date of Public Act 96-262), refrain | ||||||
| 7 | from accessing or using a social networking website as | ||||||
| 8 | defined in Section 17-0.5 of the Criminal Code of 2012;
| ||||||
| 9 | (7.13) if convicted of a sex offense as defined in | ||||||
| 10 | Section 2 of the Sex Offender Registration Act committed on | ||||||
| 11 | or after January 1, 2010 (the effective date of Public Act | ||||||
| 12 | 96-362) that requires the person to register as a sex | ||||||
| 13 | offender under that Act, may not knowingly use any computer | ||||||
| 14 | scrub software on any computer that the sex offender uses; | ||||||
| 15 | (8) obtain permission of an agent of the Department of | ||||||
| 16 | Corrections before
leaving the
State of Illinois;
| ||||||
| 17 | (9) obtain permission of an agent of the Department of | ||||||
| 18 | Corrections before
changing
his or her residence or | ||||||
| 19 | employment;
| ||||||
| 20 | (10) consent to a search of his or her person, | ||||||
| 21 | property, or residence
under his or her
control;
| ||||||
| 22 | (11) refrain from the use or possession of narcotics or | ||||||
| 23 | other controlled
substances in
any form, or both, or any | ||||||
| 24 | paraphernalia related to those substances and submit
to a
| ||||||
| 25 | urinalysis test as instructed by a parole agent of the | ||||||
| 26 | Department of
Corrections;
| ||||||
| |||||||
| |||||||
| 1 | (12) not frequent places where controlled substances | ||||||
| 2 | are illegally sold,
used,
distributed, or administered;
| ||||||
| 3 | (13) not knowingly associate with other persons on | ||||||
| 4 | parole or mandatory
supervised
release without prior | ||||||
| 5 | written permission of his or her parole agent, except
when | ||||||
| 6 | the association involves activities related to community | ||||||
| 7 | programs, worship services, volunteering, and engaging | ||||||
| 8 | families, and not
associate with
persons who are members of | ||||||
| 9 | an organized gang as that term is defined in the
Illinois
| ||||||
| 10 | Streetgang Terrorism Omnibus Prevention Act;
| ||||||
| 11 | (14) provide true and accurate information, as it | ||||||
| 12 | relates to his or her
adjustment in the
community while on | ||||||
| 13 | parole or mandatory supervised release or to his or her
| ||||||
| 14 | conduct
while incarcerated, in response to inquiries by his | ||||||
| 15 | or her parole agent or of
the
Department of Corrections;
| ||||||
| 16 | (15) follow any specific instructions provided by the | ||||||
| 17 | parole agent that
are consistent
with furthering | ||||||
| 18 | conditions set and approved by the Prisoner Review Board or | ||||||
| 19 | by
law,
exclusive of placement on electronic detention, to | ||||||
| 20 | achieve the goals and
objectives of his
or her parole or | ||||||
| 21 | mandatory supervised release or to protect the public. | ||||||
| 22 | These
instructions by the parole agent may be modified at | ||||||
| 23 | any time, as the agent
deems
appropriate;
| ||||||
| 24 | (16) if convicted of a sex offense as defined in | ||||||
| 25 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
| 26 | offender is a parent or guardian of the person under 18 | ||||||
| |||||||
| |||||||
| 1 | years of age present in the home and no non-familial minors | ||||||
| 2 | are present, not participate in a holiday event involving | ||||||
| 3 | children under 18 years of age, such as distributing candy | ||||||
| 4 | or other items to children on Halloween, wearing a Santa | ||||||
| 5 | Claus costume on or preceding Christmas, being employed as | ||||||
| 6 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
| 7 | costume on or preceding Easter; | ||||||
| 8 | (17) if convicted of a violation of an order of | ||||||
| 9 | protection under Section 12-3.4 or Section 12-30 of the | ||||||
| 10 | Criminal Code of 1961 or the Criminal Code of 2012, be | ||||||
| 11 | placed under electronic surveillance as provided in | ||||||
| 12 | Section 5-8A-7 of this Code; | ||||||
| 13 | (18) comply with the terms and conditions of an order | ||||||
| 14 | of protection issued pursuant to the Illinois Domestic | ||||||
| 15 | Violence Act of 1986; an order of protection issued by the | ||||||
| 16 | court of another state, tribe, or United States territory; | ||||||
| 17 | a no contact order issued pursuant to the Civil No Contact | ||||||
| 18 | Order Act; or a no contact order issued pursuant to the | ||||||
| 19 | Stalking No Contact Order Act; and | ||||||
| 20 | (19) if convicted of a violation of the Methamphetamine | ||||||
| 21 | Control and Community Protection Act, the Methamphetamine
| ||||||
| 22 | Precursor Control Act, or a methamphetamine related | ||||||
| 23 | offense, be: | ||||||
| 24 | (A) prohibited from purchasing, possessing, or | ||||||
| 25 | having under his or her control any product containing | ||||||
| 26 | pseudoephedrine unless prescribed by a physician; and | ||||||
| |||||||
| |||||||
| 1 | (B) prohibited from purchasing, possessing, or | ||||||
| 2 | having under his or her control any product containing | ||||||
| 3 | ammonium nitrate. | ||||||
| 4 | (b) The Board may in addition to other conditions
require | ||||||
| 5 | that the subject:
| ||||||
| 6 | (1) work or pursue a course of study or vocational | ||||||
| 7 | training;
| ||||||
| 8 | (2) undergo medical or psychiatric treatment, or | ||||||
| 9 | treatment
for drug addiction or alcoholism;
| ||||||
| 10 | (3) attend or reside in a facility established for the
| ||||||
| 11 | instruction or residence of persons on probation or parole;
| ||||||
| 12 | (4) support his or her dependents;
| ||||||
| 13 | (5) (blank);
| ||||||
| 14 | (6) (blank);
| ||||||
| 15 | (7) (blank);
| ||||||
| 16 | (7.5) if convicted for an offense committed on or after | ||||||
| 17 | the effective date of this amendatory Act of the 95th | ||||||
| 18 | General Assembly that would qualify the accused as a child | ||||||
| 19 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
| 20 | Criminal Code of 1961 or the Criminal Code of 2012, refrain | ||||||
| 21 | from communicating with or contacting, by means of the | ||||||
| 22 | Internet, a person who is related to the accused and whom | ||||||
| 23 | the accused reasonably believes to be under 18 years of | ||||||
| 24 | age; for purposes of this paragraph (7.5), "Internet" has | ||||||
| 25 | the meaning ascribed to it in Section 16-0.1 of the | ||||||
| 26 | Criminal Code of 2012; and a person is related to the | ||||||
| |||||||
| |||||||
| 1 | accused if the person is: (i) the spouse, brother, or | ||||||
| 2 | sister of the accused; (ii) a descendant of the accused; | ||||||
| 3 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
| 4 | step-child or adopted child of the accused; | ||||||
| 5 | (7.6) if convicted for an offense committed on or after | ||||||
| 6 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
| 7 | would qualify as a sex offense as defined in the Sex | ||||||
| 8 | Offender Registration Act: | ||||||
| 9 | (i) not access or use a computer or any other | ||||||
| 10 | device with Internet capability without the prior | ||||||
| 11 | written approval of the Department; | ||||||
| 12 | (ii) submit to periodic unannounced examinations | ||||||
| 13 | of the offender's computer or any other device with | ||||||
| 14 | Internet capability by the offender's supervising | ||||||
| 15 | agent, a law enforcement officer, or assigned computer | ||||||
| 16 | or information technology specialist, including the | ||||||
| 17 | retrieval and copying of all data from the computer or | ||||||
| 18 | device and any internal or external peripherals and | ||||||
| 19 | removal of such information, equipment, or device to | ||||||
| 20 | conduct a more thorough inspection; | ||||||
| 21 | (iii) submit to the installation on the offender's | ||||||
| 22 | computer or device with Internet capability, at the | ||||||
| 23 | offender's expense, of one or more hardware or software | ||||||
| 24 | systems to monitor the Internet use; and | ||||||
| 25 | (iv) submit to any other appropriate restrictions | ||||||
| 26 | concerning the offender's use of or access to a | ||||||
| |||||||
| |||||||
| 1 | computer or any other device with Internet capability | ||||||
| 2 | imposed by the Board, the Department or the offender's | ||||||
| 3 | supervising agent; and
| ||||||
| 4 | (8) in addition, if a minor:
| ||||||
| 5 | (i) reside with his or her parents or in a foster | ||||||
| 6 | home;
| ||||||
| 7 | (ii) attend school;
| ||||||
| 8 | (iii) attend a non-residential program for youth; | ||||||
| 9 | or
| ||||||
| 10 | (iv) contribute to his or her own support at home | ||||||
| 11 | or in a foster
home.
| ||||||
| 12 | (b-1) In addition to the conditions set forth in | ||||||
| 13 | subsections (a) and (b), persons required to register as sex | ||||||
| 14 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
| 15 | release from the custody of the Illinois Department of | ||||||
| 16 | Corrections, may be required by the Board to comply with the | ||||||
| 17 | following specific conditions of release: | ||||||
| 18 | (1) reside only at a Department approved location; | ||||||
| 19 | (2) comply with all requirements of the Sex Offender | ||||||
| 20 | Registration Act;
| ||||||
| 21 | (3) notify
third parties of the risks that may be | ||||||
| 22 | occasioned by his or her criminal record; | ||||||
| 23 | (4) obtain the approval of an agent of the Department | ||||||
| 24 | of Corrections prior to accepting employment or pursuing a | ||||||
| 25 | course of study or vocational training and notify the | ||||||
| 26 | Department prior to any change in employment, study, or | ||||||
| |||||||
| |||||||
| 1 | training; | ||||||
| 2 | (5) not be employed or participate in any
volunteer | ||||||
| 3 | activity that involves contact with children, except under | ||||||
| 4 | circumstances approved in advance and in writing by an | ||||||
| 5 | agent of the Department of Corrections; | ||||||
| 6 | (6) be electronically monitored for a minimum of 12 | ||||||
| 7 | months from the date of release as determined by the Board;
| ||||||
| 8 | (7) refrain from entering into a designated
geographic | ||||||
| 9 | area except upon terms approved in advance by an agent of | ||||||
| 10 | the Department of Corrections. The terms may include | ||||||
| 11 | consideration of the purpose of the entry, the time of day, | ||||||
| 12 | and others accompanying the person; | ||||||
| 13 | (8) refrain from having any contact, including
written | ||||||
| 14 | or oral communications, directly or indirectly, personally | ||||||
| 15 | or by telephone, letter, or through a third party with | ||||||
| 16 | certain specified persons including, but not limited to, | ||||||
| 17 | the victim or the victim's family without the prior written | ||||||
| 18 | approval of an agent of the Department of Corrections; | ||||||
| 19 | (9) refrain from all contact, directly or
indirectly, | ||||||
| 20 | personally, by telephone, letter, or through a third party, | ||||||
| 21 | with minor children without prior identification and | ||||||
| 22 | approval of an agent of the Department of Corrections; | ||||||
| 23 | (10) neither possess or have under his or her
control | ||||||
| 24 | any material that is sexually oriented, sexually | ||||||
| 25 | stimulating, or that shows male or female sex organs or any | ||||||
| 26 | pictures depicting children under 18 years of age nude or | ||||||
| |||||||
| |||||||
| 1 | any written or audio material describing sexual | ||||||
| 2 | intercourse or that depicts or alludes to sexual activity, | ||||||
| 3 | including but not limited to visual, auditory, telephonic, | ||||||
| 4 | or electronic media, or any matter obtained through access | ||||||
| 5 | to any computer or material linked to computer access use; | ||||||
| 6 | (11) not patronize any business providing
sexually | ||||||
| 7 | stimulating or sexually oriented entertainment nor utilize | ||||||
| 8 | "900" or adult telephone numbers; | ||||||
| 9 | (12) not reside near, visit, or be in or about
parks, | ||||||
| 10 | schools, day care centers, swimming pools, beaches, | ||||||
| 11 | theaters, or any other places where minor children | ||||||
| 12 | congregate without advance approval of an agent of the | ||||||
| 13 | Department of Corrections and immediately report any | ||||||
| 14 | incidental contact with minor children to the Department; | ||||||
| 15 | (13) not possess or have under his or her control
| ||||||
| 16 | certain specified items of contraband related to the | ||||||
| 17 | incidence of sexually offending as determined by an agent | ||||||
| 18 | of the Department of Corrections; | ||||||
| 19 | (14) may be required to provide a written daily log of | ||||||
| 20 | activities
if directed by an agent of the Department of | ||||||
| 21 | Corrections; | ||||||
| 22 | (15) comply with all other special conditions
that the | ||||||
| 23 | Department may impose that restrict the person from | ||||||
| 24 | high-risk situations and limit access to potential | ||||||
| 25 | victims; | ||||||
| 26 | (16) take an annual polygraph exam; | ||||||
| |||||||
| |||||||
| 1 | (17) maintain a log of his or her travel; or | ||||||
| 2 | (18) obtain prior approval of his or her parole officer | ||||||
| 3 | before driving alone in a motor vehicle.
| ||||||
| 4 | (c) The conditions under which the parole or mandatory
| ||||||
| 5 | supervised release is to be served shall be communicated to
the | ||||||
| 6 | person in writing prior to his or her release, and he or she | ||||||
| 7 | shall
sign the same before release. A signed copy of these | ||||||
| 8 | conditions,
including a copy of an order of protection where | ||||||
| 9 | one had been issued by the
criminal court, shall be retained by | ||||||
| 10 | the person and another copy forwarded to
the officer in charge | ||||||
| 11 | of his or her supervision.
| ||||||
| 12 | (d) After a hearing under Section 3-3-9, the Prisoner
| ||||||
| 13 | Review Board may modify or enlarge the conditions of parole
or | ||||||
| 14 | mandatory supervised release.
| ||||||
| 15 | (e) The Department shall inform all offenders committed to
| ||||||
| 16 | the Department of the optional services available to them
upon | ||||||
| 17 | release and shall assist inmates in availing themselves
of such | ||||||
| 18 | optional services upon their release on a voluntary
basis. | ||||||
| 19 | (f) (Blank).
| ||||||
| 20 | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17; 99-698, | ||||||
| 21 | eff. 7-29-16; revised 9-1-16.)
| ||||||
| 22 | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| ||||||
| 23 | Sec. 5-6-3.1. Incidents and conditions of supervision.
| ||||||
| 24 | (a) When a defendant is placed on supervision, the court | ||||||
| 25 | shall enter
an order for supervision specifying the period of | ||||||
| |||||||
| |||||||
| 1 | such supervision, and
shall defer further proceedings in the | ||||||
| 2 | case until the conclusion of the
period.
| ||||||
| 3 | (b) The period of supervision shall be reasonable under all | ||||||
| 4 | of the
circumstances of the case, but may not be longer than 2 | ||||||
| 5 | years, unless the
defendant has failed to pay the assessment | ||||||
| 6 | required by Section 10.3 of the
Cannabis Control Act,
Section | ||||||
| 7 | 411.2 of the Illinois Controlled
Substances Act, or Section 80 | ||||||
| 8 | of the Methamphetamine Control and Community Protection Act, in | ||||||
| 9 | which case the court may extend supervision beyond 2 years.
| ||||||
| 10 | Additionally, the court shall order the defendant to perform no | ||||||
| 11 | less than 30
hours of community service and not more than 120 | ||||||
| 12 | hours of community service, if
community service is available | ||||||
| 13 | in the
jurisdiction and is funded and approved by the county | ||||||
| 14 | board where the offense
was committed,
when the offense (1) was
| ||||||
| 15 | related to or in furtherance of the criminal activities of an | ||||||
| 16 | organized gang or
was motivated by the defendant's membership | ||||||
| 17 | in or allegiance to an organized
gang; or (2) is a violation of | ||||||
| 18 | any Section of Article 24 of the Criminal
Code of 1961 or the | ||||||
| 19 | Criminal Code of 2012 where a disposition of supervision is not | ||||||
| 20 | prohibited by Section
5-6-1 of this Code.
The
community service | ||||||
| 21 | shall include, but not be limited to, the cleanup and repair
of | ||||||
| 22 | any damage caused by violation of Section 21-1.3 of the | ||||||
| 23 | Criminal Code of
1961 or the Criminal Code of 2012 and similar | ||||||
| 24 | damages to property located within the municipality or county
| ||||||
| 25 | in which the violation occurred. Where possible and reasonable, | ||||||
| 26 | the community
service should be performed in the offender's | ||||||
| |||||||
| |||||||
| 1 | neighborhood.
| ||||||
| 2 | For the purposes of this
Section, "organized gang" has the | ||||||
| 3 | meaning ascribed to it in Section 10 of the
Illinois Streetgang | ||||||
| 4 | Terrorism Omnibus Prevention Act.
| ||||||
| 5 | (c) The court may in addition to other reasonable | ||||||
| 6 | conditions
relating to the nature of the offense or the | ||||||
| 7 | rehabilitation of the
defendant as determined for each | ||||||
| 8 | defendant in the proper discretion of
the court require that | ||||||
| 9 | the person:
| ||||||
| 10 | (1) make a report to and appear in person before or | ||||||
| 11 | participate with
the court or such courts, person, or | ||||||
| 12 | social service agency as directed
by the court in the order | ||||||
| 13 | of supervision;
| ||||||
| 14 | (2) pay a fine and costs;
| ||||||
| 15 | (3) work or pursue a course of study or vocational | ||||||
| 16 | training;
| ||||||
| 17 | (4) undergo medical, psychological or psychiatric | ||||||
| 18 | treatment; or
treatment for drug addiction or alcoholism;
| ||||||
| 19 | (5) attend or reside in a facility established for the | ||||||
| 20 | instruction
or residence of defendants on probation;
| ||||||
| 21 | (6) support his dependents;
| ||||||
| 22 | (7) refrain from possessing a firearm or other | ||||||
| 23 | dangerous weapon;
| ||||||
| 24 | (8) and in addition, if a minor:
| ||||||
| 25 | (i) reside with his parents or in a foster home;
| ||||||
| 26 | (ii) attend school;
| ||||||
| |||||||
| |||||||
| 1 | (iii) attend a non-residential program for youth;
| ||||||
| 2 | (iv) contribute to his own support at home or in a | ||||||
| 3 | foster home; or
| ||||||
| 4 | (v) with the consent of the superintendent of the
| ||||||
| 5 | facility, attend an educational program at a facility | ||||||
| 6 | other than the school
in which the
offense was | ||||||
| 7 | committed if he
or she is placed on supervision for a | ||||||
| 8 | crime of violence as
defined in
Section 2 of the Crime | ||||||
| 9 | Victims Compensation Act committed in a school, on the
| ||||||
| 10 | real
property
comprising a school, or within 1,000 feet | ||||||
| 11 | of the real property comprising a
school;
| ||||||
| 12 | (9) make restitution or reparation in an amount not to | ||||||
| 13 | exceed actual
loss or damage to property and pecuniary loss | ||||||
| 14 | or make restitution under Section
5-5-6 to a domestic | ||||||
| 15 | violence shelter. The court shall
determine the amount and | ||||||
| 16 | conditions of payment;
| ||||||
| 17 | (10) perform some reasonable public or community | ||||||
| 18 | service;
| ||||||
| 19 | (11) comply with the terms and conditions of an order | ||||||
| 20 | of protection
issued by the court pursuant to the Illinois | ||||||
| 21 | Domestic Violence Act of 1986 or
an order of protection | ||||||
| 22 | issued by the court of another state, tribe, or United
| ||||||
| 23 | States territory.
If the court has ordered the defendant to | ||||||
| 24 | make a report and appear in
person under paragraph (1) of | ||||||
| 25 | this subsection, a copy of the order of
protection shall be | ||||||
| 26 | transmitted to the person or agency so designated
by the | ||||||
| |||||||
| |||||||
| 1 | court;
| ||||||
| 2 | (12) reimburse any "local anti-crime program" as | ||||||
| 3 | defined in Section 7 of
the Anti-Crime Advisory Council Act | ||||||
| 4 | for any reasonable expenses incurred by the
program on the | ||||||
| 5 | offender's case, not to exceed the maximum amount of the
| ||||||
| 6 | fine authorized for the offense for which the defendant was | ||||||
| 7 | sentenced;
| ||||||
| 8 | (13) contribute a reasonable sum of money, not to
| ||||||
| 9 | exceed the maximum amount of the fine authorized for the | ||||||
| 10 | offense for which
the defendant was sentenced, (i) to a | ||||||
| 11 | "local anti-crime program", as defined
in Section 7 of the | ||||||
| 12 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
| 13 | the jurisdiction of the Department of Natural Resources, to | ||||||
| 14 | the fund established by the Department of Natural Resources | ||||||
| 15 | for the purchase of evidence for investigation purposes and | ||||||
| 16 | to conduct investigations as outlined in Section 805-105 of | ||||||
| 17 | the Department of Natural Resources (Conservation) Law;
| ||||||
| 18 | (14) refrain from entering into a designated | ||||||
| 19 | geographic area except
upon such terms as the court finds | ||||||
| 20 | appropriate. Such terms may include
consideration of the | ||||||
| 21 | purpose of the entry, the time of day, other persons
| ||||||
| 22 | accompanying the defendant, and advance approval by a | ||||||
| 23 | probation officer;
| ||||||
| 24 | (15) refrain from having any contact, directly or | ||||||
| 25 | indirectly, with
certain specified persons or particular | ||||||
| 26 | types of person, including but not
limited to members of | ||||||
| |||||||
| |||||||
| 1 | street gangs and drug users or dealers;
| ||||||
| 2 | (16) refrain from having in his or her body the | ||||||
| 3 | presence of any illicit
drug prohibited by the Cannabis | ||||||
| 4 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
| 5 | Methamphetamine Control and Community Protection Act, | ||||||
| 6 | unless prescribed by a physician, and submit samples of
his | ||||||
| 7 | or her blood or urine or both for tests to determine the | ||||||
| 8 | presence of any
illicit drug;
| ||||||
| 9 | (17) refrain from operating any motor vehicle not | ||||||
| 10 | equipped with an
ignition interlock device as defined in | ||||||
| 11 | Section 1-129.1 of the Illinois
Vehicle Code; under this | ||||||
| 12 | condition the court may allow a defendant who is not
| ||||||
| 13 | self-employed to operate a vehicle owned by the defendant's | ||||||
| 14 | employer that is
not equipped with an ignition interlock | ||||||
| 15 | device in the course and scope of the
defendant's | ||||||
| 16 | employment; and
| ||||||
| 17 | (18) if placed on supervision for a sex offense as | ||||||
| 18 | defined in subsection (a-5) of Section 3-1-2 of this Code, | ||||||
| 19 | unless the offender is a parent or guardian of the person | ||||||
| 20 | under 18 years of age present in the home and no | ||||||
| 21 | non-familial minors are present, not participate in a | ||||||
| 22 | holiday event involving
children
under 18 years of age, | ||||||
| 23 | such as distributing candy or other items to children on
| ||||||
| 24 | Halloween,
wearing a Santa Claus costume on or preceding | ||||||
| 25 | Christmas, being employed as a
department store Santa | ||||||
| 26 | Claus, or wearing an Easter Bunny costume on or
preceding
| ||||||
| |||||||
| |||||||
| 1 | Easter. | ||||||
| 2 | (c-5) If payment of restitution as ordered has not been | ||||||
| 3 | made, the victim shall file a
petition notifying the sentencing | ||||||
| 4 | court, any other person to whom restitution is owed, and
the | ||||||
| 5 | State's Attorney of the status of the ordered restitution | ||||||
| 6 | payments unpaid at least 90
days before the supervision | ||||||
| 7 | expiration date. If payment as ordered has not been made, the
| ||||||
| 8 | court shall hold a review hearing prior to the expiration date, | ||||||
| 9 | unless the hearing
is voluntarily waived by the defendant with | ||||||
| 10 | the knowledge that waiver may result in an
extension of the | ||||||
| 11 | supervision period or in a revocation of supervision. If the | ||||||
| 12 | court does not
extend supervision, it shall issue a judgment | ||||||
| 13 | for the unpaid restitution and direct the clerk
of the circuit | ||||||
| 14 | court to file and enter the judgment in the judgment and lien | ||||||
| 15 | docket, without
fee, unless it finds that the victim has | ||||||
| 16 | recovered a judgment against the
defendant for the amount | ||||||
| 17 | covered by the restitution order. If the court issues a
| ||||||
| 18 | judgment for the unpaid restitution, the court shall send to | ||||||
| 19 | the defendant at his or her last known
address written | ||||||
| 20 | notification that a civil judgment has been issued for the | ||||||
| 21 | unpaid
restitution. | ||||||
| 22 | (d) The court shall defer entering any judgment on the | ||||||
| 23 | charges
until the conclusion of the supervision.
| ||||||
| 24 | (e) At the conclusion of the period of supervision, if the | ||||||
| 25 | court
determines that the defendant has successfully complied | ||||||
| 26 | with all of the
conditions of supervision, the court shall | ||||||
| |||||||
| |||||||
| 1 | discharge the defendant and
enter a judgment dismissing the | ||||||
| 2 | charges.
| ||||||
| 3 | (f) Discharge and dismissal upon a successful conclusion of | ||||||
| 4 | a
disposition of supervision shall be deemed without | ||||||
| 5 | adjudication of guilt
and shall not be termed a conviction for | ||||||
| 6 | purposes of disqualification or
disabilities imposed by law | ||||||
| 7 | upon conviction of a crime. Two years after the
discharge and | ||||||
| 8 | dismissal under this Section, unless the disposition of
| ||||||
| 9 | supervision was for a violation of Sections 3-707, 3-708, | ||||||
| 10 | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||||||
| 11 | similar
provision of a local ordinance, or for a violation of | ||||||
| 12 | Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 | ||||||
| 13 | or the Criminal Code of 2012, in which case it shall be 5
years | ||||||
| 14 | after discharge and dismissal, a person may have his record
of | ||||||
| 15 | arrest sealed or expunged as may be provided by law. However, | ||||||
| 16 | any
defendant placed on supervision before January 1, 1980, may | ||||||
| 17 | move for
sealing or expungement of his arrest record, as | ||||||
| 18 | provided by law, at any
time after discharge and dismissal | ||||||
| 19 | under this Section.
A person placed on supervision for a sexual | ||||||
| 20 | offense committed against a minor
as defined in clause | ||||||
| 21 | (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or | ||||||
| 22 | for a violation of Section 11-501 of the Illinois Vehicle Code | ||||||
| 23 | or a
similar provision of a local ordinance
shall not have his | ||||||
| 24 | or her record of arrest sealed or expunged.
| ||||||
| 25 | (g) A defendant placed on supervision and who during the | ||||||
| 26 | period of
supervision undergoes mandatory drug or alcohol | ||||||
| |||||||
| |||||||
| 1 | testing, or both, or is
assigned to be placed on an approved | ||||||
| 2 | electronic monitoring device, shall be
ordered to pay the costs | ||||||
| 3 | incidental to such mandatory drug or alcohol
testing, or both, | ||||||
| 4 | and costs incidental to such approved electronic
monitoring in | ||||||
| 5 | accordance with the defendant's ability to pay those costs.
The | ||||||
| 6 | county board with the concurrence of the Chief Judge of the | ||||||
| 7 | judicial
circuit in which the county is located shall establish | ||||||
| 8 | reasonable fees for
the cost of maintenance, testing, and | ||||||
| 9 | incidental expenses related to the
mandatory drug or alcohol | ||||||
| 10 | testing, or both, and all costs incidental to
approved | ||||||
| 11 | electronic monitoring, of all defendants placed on | ||||||
| 12 | supervision.
The concurrence of the Chief Judge shall be in the | ||||||
| 13 | form of an
administrative order.
The fees shall be collected by | ||||||
| 14 | the clerk of the circuit court, except as provided in an | ||||||
| 15 | administrative order of the Chief Judge of the circuit court. | ||||||
| 16 | The clerk of
the circuit court shall pay all moneys collected | ||||||
| 17 | from these fees to the county
treasurer who shall use the | ||||||
| 18 | moneys collected to defray the costs of
drug testing, alcohol | ||||||
| 19 | testing, and electronic monitoring.
The county treasurer shall | ||||||
| 20 | deposit the fees collected in the
county working cash fund | ||||||
| 21 | under Section 6-27001 or Section 6-29002 of the
Counties Code, | ||||||
| 22 | as the case may be.
| ||||||
| 23 | The Chief Judge of the circuit court of the county may by | ||||||
| 24 | administrative order establish a program for electronic | ||||||
| 25 | monitoring of offenders, in which a vendor supplies and | ||||||
| 26 | monitors the operation of the electronic monitoring device, and | ||||||
| |||||||
| |||||||
| 1 | collects the fees on behalf of the county. The program shall | ||||||
| 2 | include provisions for indigent offenders and the collection of | ||||||
| 3 | unpaid fees. The program shall not unduly burden the offender | ||||||
| 4 | and shall be subject to review by the Chief Judge. | ||||||
| 5 | The Chief Judge of the circuit court may suspend any | ||||||
| 6 | additional charges or fees for late payment, interest, or | ||||||
| 7 | damage to any device. | ||||||
| 8 | (h) A disposition of supervision is a final order for the | ||||||
| 9 | purposes
of appeal.
| ||||||
| 10 | (i) The court shall impose upon a defendant placed on | ||||||
| 11 | supervision
after January 1, 1992 or to community service under | ||||||
| 12 | the supervision of a
probation or court services department | ||||||
| 13 | after January 1, 2004, as a condition
of supervision or | ||||||
| 14 | supervised community service, a fee of $50 for
each month of | ||||||
| 15 | supervision or supervised community service ordered by the
| ||||||
| 16 | court, unless after
determining the inability of the person | ||||||
| 17 | placed on supervision or supervised
community service to pay | ||||||
| 18 | the
fee, the court assesses a lesser fee. The court may not | ||||||
| 19 | impose the fee on a
minor who is made a ward of the State under | ||||||
| 20 | the Juvenile Court Act of 1987
while the minor is in placement.
| ||||||
| 21 | The fee shall be imposed only upon a
defendant who is actively | ||||||
| 22 | supervised by the
probation and court services
department. The | ||||||
| 23 | fee shall be collected by the clerk of the circuit court.
The | ||||||
| 24 | clerk of the circuit court shall pay all monies collected from | ||||||
| 25 | this fee
to the county treasurer for deposit in the probation | ||||||
| 26 | and court services
fund pursuant to Section 15.1 of the | ||||||
| |||||||
| |||||||
| 1 | Probation and
Probation Officers Act.
| ||||||
| 2 | A circuit court may not impose a probation fee in excess of | ||||||
| 3 | $25
per month unless the circuit court has adopted, by | ||||||
| 4 | administrative
order issued by the chief judge, a standard | ||||||
| 5 | probation fee guide
determining an offender's ability to pay. | ||||||
| 6 | Of the
amount collected as a probation fee, not to exceed $5 of | ||||||
| 7 | that fee
collected per month may be used to provide services to | ||||||
| 8 | crime victims
and their families. | ||||||
| 9 | The Court may only waive probation fees based on an | ||||||
| 10 | offender's ability to pay. The probation department may | ||||||
| 11 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
| 12 | with the approval of the Director of Court Services or the | ||||||
| 13 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
| 14 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
| 15 | offender that has been assigned to the supervision of a | ||||||
| 16 | probation department, or has been transferred either under | ||||||
| 17 | subsection (h) of this Section or under any interstate compact, | ||||||
| 18 | shall be required to pay probation fees to the department | ||||||
| 19 | supervising the offender, based on the offender's ability to | ||||||
| 20 | pay.
| ||||||
| 21 | (j) All fines and costs imposed under this Section for any
| ||||||
| 22 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
| 23 | Code, or a
similar provision of a local ordinance, and any | ||||||
| 24 | violation of the Child
Passenger Protection Act, or a similar | ||||||
| 25 | provision of a local ordinance, shall
be collected and | ||||||
| 26 | disbursed by the circuit clerk as provided under Section
27.5 | ||||||
| |||||||
| |||||||
| 1 | of the Clerks of Courts Act.
| ||||||
| 2 | (k) A defendant at least 17 years of age who is placed on | ||||||
| 3 | supervision
for a misdemeanor in a county of 3,000,000 or more | ||||||
| 4 | inhabitants
and who has not been previously convicted of a | ||||||
| 5 | misdemeanor or felony
may as a condition of his or her | ||||||
| 6 | supervision be required by the court to
attend educational | ||||||
| 7 | courses designed to prepare the defendant for a high school
| ||||||
| 8 | diploma and to work toward a high school diploma or to work | ||||||
| 9 | toward passing high school equivalency testing or to work
| ||||||
| 10 | toward completing a vocational training program approved by the | ||||||
| 11 | court. The
defendant placed on supervision must attend a public | ||||||
| 12 | institution of education
to obtain the educational or | ||||||
| 13 | vocational training required by this subsection
(k). The | ||||||
| 14 | defendant placed on supervision shall be required to pay for | ||||||
| 15 | the cost
of the educational courses or high school equivalency | ||||||
| 16 | testing if a fee is charged for those courses
or testing. The | ||||||
| 17 | court shall revoke the supervision of a person who wilfully | ||||||
| 18 | fails
to comply with this subsection (k). The court shall | ||||||
| 19 | resentence the defendant
upon revocation of supervision as | ||||||
| 20 | provided in Section 5-6-4. This subsection
(k) does not apply | ||||||
| 21 | to a defendant who has a high school diploma or has
| ||||||
| 22 | successfully passed high school equivalency testing. This | ||||||
| 23 | subsection (k) does not apply to a
defendant who is determined | ||||||
| 24 | by the court to be a person with a developmental disability or
| ||||||
| 25 | otherwise mentally incapable of completing the
educational or | ||||||
| 26 | vocational program.
| ||||||
| |||||||
| |||||||
| 1 | (l) The court shall require a defendant placed on | ||||||
| 2 | supervision for
possession of a substance
prohibited by the | ||||||
| 3 | Cannabis Control Act, the Illinois Controlled Substances Act, | ||||||
| 4 | or the Methamphetamine Control and Community Protection Act
| ||||||
| 5 | after a previous conviction or disposition of supervision for | ||||||
| 6 | possession of a
substance prohibited by the Cannabis Control | ||||||
| 7 | Act, the Illinois Controlled
Substances Act, or the | ||||||
| 8 | Methamphetamine Control and Community Protection Act or a | ||||||
| 9 | sentence of probation under Section 10 of the Cannabis
Control | ||||||
| 10 | Act or Section 410 of the Illinois Controlled Substances Act
| ||||||
| 11 | and after a finding by the court that the person is addicted, | ||||||
| 12 | to undergo
treatment at a substance abuse program approved by | ||||||
| 13 | the court.
| ||||||
| 14 | (m) The Secretary of State shall require anyone placed on | ||||||
| 15 | court supervision
for a
violation of Section 3-707 of the | ||||||
| 16 | Illinois Vehicle Code or a similar provision
of a local | ||||||
| 17 | ordinance
to give proof of his or her financial
responsibility | ||||||
| 18 | as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||||||
| 19 | proof shall be
maintained by the individual in a manner | ||||||
| 20 | satisfactory to the Secretary of State
for
a
minimum period of | ||||||
| 21 | 3 years after the date the proof is first filed.
The proof | ||||||
| 22 | shall be limited to a single action per arrest and may not be
| ||||||
| 23 | affected by any post-sentence disposition. The Secretary of | ||||||
| 24 | State shall
suspend the driver's license of any person
| ||||||
| 25 | determined by the Secretary to be in violation of this | ||||||
| 26 | subsection. | ||||||
| |||||||
| |||||||
| 1 | (n) Any offender placed on supervision for any offense that | ||||||
| 2 | the court or probation department has determined to be sexually | ||||||
| 3 | motivated as defined in the Sex Offender Management Board Act | ||||||
| 4 | shall be required to refrain from any contact, directly or | ||||||
| 5 | indirectly, with any persons specified by the court and shall | ||||||
| 6 | be available for all evaluations and treatment programs | ||||||
| 7 | required by the court or the probation department.
| ||||||
| 8 | (o) An offender placed on supervision for a sex offense as | ||||||
| 9 | defined in the Sex Offender
Management Board Act shall refrain | ||||||
| 10 | from residing at the same address or in the same condominium | ||||||
| 11 | unit or apartment unit or in the same condominium complex or | ||||||
| 12 | apartment complex with another person he or she knows or | ||||||
| 13 | reasonably should know is a convicted sex offender or has been | ||||||
| 14 | placed on supervision for a sex offense. The provisions of this | ||||||
| 15 | subsection (o) do not apply to a person convicted of a sex | ||||||
| 16 | offense who is placed in a Department of Corrections licensed | ||||||
| 17 | transitional housing facility for sex offenders. | ||||||
| 18 | (p) An offender placed on supervision for an offense | ||||||
| 19 | committed on or after June 1, 2008
(the effective date of | ||||||
| 20 | Public Act 95-464)
that would qualify the accused as a child | ||||||
| 21 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
| 22 | Criminal Code of 1961 or the Criminal Code of 2012 shall | ||||||
| 23 | refrain from communicating with or contacting, by means of the | ||||||
| 24 | Internet, a person who is not related to the accused and whom | ||||||
| 25 | the accused reasonably believes to be under 18 years of age. | ||||||
| 26 | For purposes of this subsection (p), "Internet" has the meaning | ||||||
| |||||||
| |||||||
| 1 | ascribed to it in Section 16-0.1 of the Criminal Code of 2012; | ||||||
| 2 | and a person is not related to the accused if the person is | ||||||
| 3 | not: (i) the spouse, brother, or sister of the accused; (ii) a | ||||||
| 4 | descendant of the accused; (iii) a first or second cousin of | ||||||
| 5 | the accused; or (iv) a step-child or adopted child of the | ||||||
| 6 | accused.
| ||||||
| 7 | (q) An offender placed on supervision for an offense | ||||||
| 8 | committed on or after June 1, 2008
(the effective date of | ||||||
| 9 | Public Act 95-464)
that would qualify the accused as a child | ||||||
| 10 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
| 11 | Criminal Code of 1961 or the Criminal Code of 2012 shall, if so | ||||||
| 12 | ordered by the court, refrain from communicating with or | ||||||
| 13 | contacting, by means of the Internet, a person who is related | ||||||
| 14 | to the accused and whom the accused reasonably believes to be | ||||||
| 15 | under 18 years of age. For purposes of this subsection (q), | ||||||
| 16 | "Internet" has the meaning ascribed to it in Section 16-0.1 of | ||||||
| 17 | the Criminal Code of 2012; and a person is related to the | ||||||
| 18 | accused if the person is: (i) the spouse, brother, or sister of | ||||||
| 19 | the accused; (ii) a descendant of the accused; (iii) a first or | ||||||
| 20 | second cousin of the accused; or (iv) a step-child or adopted | ||||||
| 21 | child of the accused.
| ||||||
| 22 | (r) An offender placed on supervision for an offense under | ||||||
| 23 | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a | ||||||
| 24 | juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
| 25 | 11-21 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 26 | 2012, or any attempt to commit any of these offenses, committed | ||||||
| |||||||
| |||||||
| 1 | on or after June 1, 2009 (the effective date of Public Act | ||||||
| 2 | 95-983) this amendatory Act of the 95th General Assembly shall: | ||||||
| 3 | (i) not access or use a computer or any other device | ||||||
| 4 | with Internet capability without the prior written | ||||||
| 5 | approval of the court, except in connection with the | ||||||
| 6 | offender's employment or search for employment with the | ||||||
| 7 | prior approval of the court; | ||||||
| 8 | (ii) submit to periodic unannounced examinations of | ||||||
| 9 | the offender's computer or any other device with Internet | ||||||
| 10 | capability by the offender's probation officer, a law | ||||||
| 11 | enforcement officer, or assigned computer or information | ||||||
| 12 | technology specialist, including the retrieval and copying | ||||||
| 13 | of all data from the computer or device and any internal or | ||||||
| 14 | external peripherals and removal of such information, | ||||||
| 15 | equipment, or device to conduct a more thorough inspection; | ||||||
| 16 | (iii) submit to the installation on the offender's | ||||||
| 17 | computer or device with Internet capability, at the | ||||||
| 18 | offender's expense, of one or more hardware or software | ||||||
| 19 | systems to monitor the Internet use; and | ||||||
| 20 | (iv) submit to any other appropriate restrictions | ||||||
| 21 | concerning the offender's use of or access to a computer or | ||||||
| 22 | any other device with Internet capability imposed by the | ||||||
| 23 | court. | ||||||
| 24 | (s) An offender placed on supervision for an offense that | ||||||
| 25 | is a sex offense as defined in Section 2 of the Sex Offender | ||||||
| 26 | Registration Act that is committed on or after January 1, 2010 | ||||||
| |||||||
| |||||||
| 1 | (the effective date of Public Act 96-362) that requires the | ||||||
| 2 | person to register as a sex offender under that Act, may not | ||||||
| 3 | knowingly use any computer scrub software on any computer that | ||||||
| 4 | the sex offender uses. | ||||||
| 5 | (t) An offender placed on supervision for a sex offense as | ||||||
| 6 | defined in the Sex Offender
Registration Act committed on or | ||||||
| 7 | after January 1, 2010 (the effective date of Public Act 96-262) | ||||||
| 8 | shall refrain from accessing or using a social networking | ||||||
| 9 | website as defined in Section 17-0.5 of the Criminal Code of | ||||||
| 10 | 2012. | ||||||
| 11 | (u) Jurisdiction over an offender may be transferred from | ||||||
| 12 | the sentencing court to the court of another circuit with the | ||||||
| 13 | concurrence of both courts. Further transfers or retransfers of | ||||||
| 14 | jurisdiction are also authorized in the same manner. The court | ||||||
| 15 | to which jurisdiction has been transferred shall have the same | ||||||
| 16 | powers as the sentencing court. The probation department within | ||||||
| 17 | the circuit to which jurisdiction has been transferred may | ||||||
| 18 | impose probation fees upon receiving the transferred offender, | ||||||
| 19 | as provided in subsection (i). The probation department from | ||||||
| 20 | the original sentencing court shall retain all probation fees | ||||||
| 21 | collected prior to the transfer. | ||||||
| 22 | (Source: P.A. 98-718, eff. 1-1-15; 98-940, eff. 1-1-15; 99-78, | ||||||
| 23 | eff. 7-20-15; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16; | ||||||
| 24 | 99-797, eff. 8-12-16; revised 9-1-16.)
| ||||||
| 25 | (730 ILCS 5/5-8-1.2)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 5-8-1.2. County impact incarceration.
| ||||||
| 2 | (a) Legislative intent. It is the finding of the General | ||||||
| 3 | Assembly that
certain non-violent offenders eligible for | ||||||
| 4 | sentences of incarceration may
benefit from the rehabilitative | ||||||
| 5 | aspects of a county impact incarceration
program. It is the | ||||||
| 6 | intent of the General Assembly that such programs be
| ||||||
| 7 | implemented as provided by this Section. This Section shall not | ||||||
| 8 | be construed
to allow violent offenders to participate in a | ||||||
| 9 | county impact incarceration
program.
| ||||||
| 10 | (b) Under the direction of the Sheriff and with the | ||||||
| 11 | approval of the County
Board of Commissioners, the Sheriff, in | ||||||
| 12 | any county with more than 3,000,000
inhabitants, may establish | ||||||
| 13 | and operate a county impact incarceration program
for eligible | ||||||
| 14 | offenders. If the court finds under Section 5-4-1 that an
| ||||||
| 15 | offender convicted of a felony meets the eligibility | ||||||
| 16 | requirements of the
Sheriff's county impact incarceration | ||||||
| 17 | program, the court may sentence the
offender to the county | ||||||
| 18 | impact incarceration program. The Sheriff shall be
responsible | ||||||
| 19 | for monitoring all offenders who are sentenced to the county | ||||||
| 20 | impact
incarceration program, including the mandatory period | ||||||
| 21 | of monitored release
following the 120 to 180 days of impact | ||||||
| 22 | incarceration.
Offenders assigned to the county impact | ||||||
| 23 | incarceration program under an
intergovernmental agreement | ||||||
| 24 | between the county and the Illinois Department of
Corrections | ||||||
| 25 | are exempt from the provisions of this mandatory period of
| ||||||
| 26 | monitored
release.
In the event the
offender is not accepted | ||||||
| |||||||
| |||||||
| 1 | for placement in the county impact incarceration
program, the | ||||||
| 2 | court shall proceed to sentence the offender to any other
| ||||||
| 3 | disposition authorized by this Code.
If the offender does not | ||||||
| 4 | successfully
complete the program, the offender's failure to do | ||||||
| 5 | so shall constitute a
violation of the sentence to the county | ||||||
| 6 | impact incarceration program.
| ||||||
| 7 | (c) In order to be eligible to be sentenced to a county | ||||||
| 8 | impact incarceration
program by the court, the person shall | ||||||
| 9 | meet all of the following requirements:
| ||||||
| 10 | (1) The the person must be not less than 17 years of | ||||||
| 11 | age nor more than 35
years of age. ;
| ||||||
| 12 | (2) The person has not previously participated in the | ||||||
| 13 | impact incarceration
program and has not previously served | ||||||
| 14 | more than one prior sentence of
imprisonment for a felony | ||||||
| 15 | in an adult correctional facility. ;
| ||||||
| 16 | (3) The person has not been convicted of a Class X | ||||||
| 17 | felony, first or second
degree murder, armed violence, | ||||||
| 18 | aggravated kidnapping, criminal sexual assault,
aggravated | ||||||
| 19 | criminal sexual abuse or a subsequent conviction for | ||||||
| 20 | criminal sexual
abuse, forcible detention, or arson and has | ||||||
| 21 | not been convicted previously of
any of those offenses.
| ||||||
| 22 | (4) The person has been found in violation of probation | ||||||
| 23 | for an offense
that is a Class 2, 3, or 4 felony that is not | ||||||
| 24 | a forcible felony as defined in
Section 2-8 of the Criminal | ||||||
| 25 | Code of 2012 or a violent crime as defined in
subsection | ||||||
| 26 | (c) of Section 3 of the Rights of Crime Victims and | ||||||
| |||||||
| |||||||
| 1 | Witnesses Act
who
otherwise could be sentenced to a term of | ||||||
| 2 | incarceration; or the person is
convicted of an offense | ||||||
| 3 | that is a Class 2, 3, or 4 felony that is not a
forcible | ||||||
| 4 | felony as defined in Section 2-8 of the Criminal Code of | ||||||
| 5 | 2012 or a
violent crime as defined in subsection (c) of | ||||||
| 6 | Section 3 of the Rights of Crime
Victims and Witnesses Act | ||||||
| 7 | who has previously served a sentence of probation for
any | ||||||
| 8 | felony offense and who otherwise could be sentenced to a | ||||||
| 9 | term of
incarceration.
| ||||||
| 10 | (5) The person must be physically able to participate | ||||||
| 11 | in strenuous
physical
activities or labor.
| ||||||
| 12 | (6) The person must not have any mental disorder or | ||||||
| 13 | disability that would
prevent participation in a county | ||||||
| 14 | impact incarceration program.
| ||||||
| 15 | (7) The person was recommended and approved for | ||||||
| 16 | placement in the county
impact incarceration program by the | ||||||
| 17 | Sheriff and consented in writing to
participation in the | ||||||
| 18 | county impact incarceration program and to the terms and
| ||||||
| 19 | conditions of the program. The Sheriff may consider, among | ||||||
| 20 | other matters,
whether the
person has any outstanding | ||||||
| 21 | detainers or warrants, whether the person has a
history of | ||||||
| 22 | escaping or absconding, whether participation in the
| ||||||
| 23 | county impact incarceration program may pose
a risk to the | ||||||
| 24 | safety or security of any person and whether space is
| ||||||
| 25 | available.
| ||||||
| 26 | (c-5) (c) The county impact incarceration program shall | ||||||
| |||||||
| |||||||
| 1 | include, among other
matters, mandatory physical training and | ||||||
| 2 | labor, military formation and drills,
regimented activities, | ||||||
| 3 | uniformity of dress and appearance, education and
counseling, | ||||||
| 4 | including drug counseling where appropriate.
| ||||||
| 5 | (d) Privileges including visitation, commissary, receipt | ||||||
| 6 | and retention of
property and publications and access to | ||||||
| 7 | television, radio, and a library may be
suspended or | ||||||
| 8 | restricted, notwithstanding provisions to the contrary in this
| ||||||
| 9 | Code.
| ||||||
| 10 | (e) The Sheriff shall issue written rules and requirements | ||||||
| 11 | for the program.
Persons shall be informed of rules of behavior | ||||||
| 12 | and conduct. Persons
participating in the county impact | ||||||
| 13 | incarceration program shall adhere to all
rules and all | ||||||
| 14 | requirements of the program.
| ||||||
| 15 | (f) Participation in the county impact incarceration | ||||||
| 16 | program shall be for a
period of 120 to 180 days followed by a | ||||||
| 17 | mandatory term of monitored release
for at least 8 months and | ||||||
| 18 | no more than 12 months supervised by the Sheriff.
The period of | ||||||
| 19 | time a person shall serve in the impact incarceration program
| ||||||
| 20 | shall not be reduced by the accumulation of good time. The | ||||||
| 21 | court may also
sentence the person to a period of probation to | ||||||
| 22 | commence at the successful
completion of the county impact | ||||||
| 23 | incarceration program.
| ||||||
| 24 | (g) If the person successfully completes the county impact | ||||||
| 25 | incarceration
program, the Sheriff shall certify the person's | ||||||
| 26 | successful completion of the
program to the court and to the | ||||||
| |||||||
| |||||||
| 1 | county's State's Attorney. Upon successful
completion of the | ||||||
| 2 | county impact incarceration program and mandatory
term of | ||||||
| 3 | monitored release and if there is an additional period of | ||||||
| 4 | probation
given, the person shall at that time begin his or her | ||||||
| 5 | probationary sentence
under the supervision of the Adult | ||||||
| 6 | Probation Department.
| ||||||
| 7 | (h) A person may be removed from the county impact | ||||||
| 8 | incarceration program for
a violation of the terms or
| ||||||
| 9 | conditions of the program or in the event he or she is for any | ||||||
| 10 | reason unable to
participate. The failure to complete the | ||||||
| 11 | program for any reason, including the
8 to 12 month monitored | ||||||
| 12 | release period, shall be deemed a violation of the
county | ||||||
| 13 | impact incarceration sentence. The Sheriff shall give notice to | ||||||
| 14 | the
State's Attorney of the person's failure to complete the | ||||||
| 15 | program. The Sheriff
shall file a petition for violation of the | ||||||
| 16 | county impact incarceration sentence
with the court and the | ||||||
| 17 | State's Attorney may proceed on the petition under
Section | ||||||
| 18 | 5-6-4 of this Code. The Sheriff shall promulgate rules and | ||||||
| 19 | regulations
governing conduct which could result in removal | ||||||
| 20 | from the program or in a
determination that the person has not | ||||||
| 21 | successfully completed the program.
| ||||||
| 22 | The mandatory conditions of every county impact | ||||||
| 23 | incarceration sentence
shall
include that the person either | ||||||
| 24 | while in the program or during the period of
monitored release:
| ||||||
| 25 | (1) not violate any criminal statute of any | ||||||
| 26 | jurisdiction;
| ||||||
| |||||||
| |||||||
| 1 | (2) report or appear in person before any such person | ||||||
| 2 | or agency as
directed by the court or the Sheriff;
| ||||||
| 3 | (3) refrain from possessing a firearm or other | ||||||
| 4 | dangerous weapon;
| ||||||
| 5 | (4) not leave the State without the consent of the | ||||||
| 6 | court or, in
circumstances in which the reason for the | ||||||
| 7 | absence is of such an emergency
nature that prior consent | ||||||
| 8 | by the court is not possible, without the prior
| ||||||
| 9 | notification and approval of the Sheriff; and
| ||||||
| 10 | (5) permit representatives of the Sheriff to visit at | ||||||
| 11 | the person's home or
elsewhere to the extent necessary for | ||||||
| 12 | the Sheriff to monitor compliance with
the program. Persons | ||||||
| 13 | shall have access to such rules, which shall provide that
a | ||||||
| 14 | person shall receive notice of any such violation.
| ||||||
| 15 | (i) The Sheriff may terminate the county impact | ||||||
| 16 | incarceration program at
any time.
| ||||||
| 17 | (j) The Sheriff shall report to the county board on or | ||||||
| 18 | before September
30th of each year on the county impact | ||||||
| 19 | incarceration program, including the
composition of the | ||||||
| 20 | program by the offenders, by county of commitment, sentence,
| ||||||
| 21 | age, offense, and race.
| ||||||
| 22 | (Source: P.A. 97-1150, eff. 1-25-13; revised 10-5-16.)
| ||||||
| 23 | (730 ILCS 5/5-8-8) | ||||||
| 24 | (Section scheduled to be repealed on December 31, 2020) | ||||||
| 25 | Sec. 5-8-8. Illinois Sentencing Policy Advisory Council. | ||||||
| |||||||
| |||||||
| 1 | (a) Creation. There is created under the jurisdiction of | ||||||
| 2 | the Governor the Illinois Sentencing Policy Advisory Council, | ||||||
| 3 | hereinafter referred to as the Council. | ||||||
| 4 | (b) Purposes and goals. The purpose of the Council is to | ||||||
| 5 | review sentencing policies and practices and examine how these | ||||||
| 6 | policies and practices impact the criminal justice system as a | ||||||
| 7 | whole in the State of Illinois.
In carrying out its duties, the | ||||||
| 8 | Council shall be mindful of and aim to achieve the purposes of
| ||||||
| 9 | sentencing in Illinois, which are set out in Section 1-1-2 of | ||||||
| 10 | this Code: | ||||||
| 11 | (1) prescribe sanctions proportionate to the | ||||||
| 12 | seriousness of the offenses and permit the recognition of | ||||||
| 13 | differences in rehabilitation possibilities among | ||||||
| 14 | individual offenders; | ||||||
| 15 | (2) forbid and prevent the commission of offenses; | ||||||
| 16 | (3) prevent arbitrary or oppressive treatment of | ||||||
| 17 | persons adjudicated offenders or delinquents; and | ||||||
| 18 | (4) restore offenders to useful citizenship. | ||||||
| 19 | (c) Council composition. | ||||||
| 20 | (1) The Council shall consist of the following members: | ||||||
| 21 | (A) the President of the Senate, or his or her | ||||||
| 22 | designee; | ||||||
| 23 | (B) the Minority Leader of the Senate, or his or | ||||||
| 24 | her designee; | ||||||
| 25 | (C) the Speaker of the House, or his or her | ||||||
| 26 | designee; | ||||||
| |||||||
| |||||||
| 1 | (D) the Minority Leader of the House, or his or her | ||||||
| 2 | designee; | ||||||
| 3 | (E) the Governor, or his or her designee; | ||||||
| 4 | (F) the Attorney General, or his or her designee; | ||||||
| 5 | (G) two retired judges, who may have been circuit, | ||||||
| 6 | appellate, or supreme court judges; retired judges | ||||||
| 7 | shall be selected by the members of the Council | ||||||
| 8 | designated in clauses (c)(1)(A) through (L); | ||||||
| 9 | (G-5) (blank); | ||||||
| 10 | (H) the Cook County State's Attorney, or his or her | ||||||
| 11 | designee; | ||||||
| 12 | (I) the Cook County Public Defender, or his or her | ||||||
| 13 | designee; | ||||||
| 14 | (J) a State's Attorney not from Cook County, | ||||||
| 15 | appointed by the State's Attorney's
Appellate | ||||||
| 16 | Prosecutor; | ||||||
| 17 | (K) the State Appellate Defender, or his or her | ||||||
| 18 | designee; | ||||||
| 19 | (L) the Director of the Administrative Office of | ||||||
| 20 | the Illinois Courts, or his or her designee; | ||||||
| 21 | (M) a victim of a violent felony or a | ||||||
| 22 | representative of a crime victims' organization,
| ||||||
| 23 | selected by the members of the Council designated in | ||||||
| 24 | clauses (c)(1)(A) through (L); | ||||||
| 25 | (N) a representative of a community-based | ||||||
| 26 | organization, selected by the members of
the Council | ||||||
| |||||||
| |||||||
| 1 | designated in clauses (c)(1)(A) through (L); | ||||||
| 2 | (O) a criminal justice academic researcher, to be | ||||||
| 3 | selected by the members of the
Council designated in | ||||||
| 4 | clauses (c)(1)(A) through (L); | ||||||
| 5 | (P) a representative of law enforcement from a unit | ||||||
| 6 | of local government to be
selected by the members of | ||||||
| 7 | the Council designated in clauses (c)(1)(A) through | ||||||
| 8 | (L); | ||||||
| 9 | (Q) a sheriff selected by the members of the | ||||||
| 10 | Council designated in clauses (c)(1)(A) through (L); | ||||||
| 11 | and | ||||||
| 12 | (R) ex-officio members shall include: | ||||||
| 13 | (i) the Director of Corrections, or his or her | ||||||
| 14 | designee; | ||||||
| 15 | (ii) the Chair of the Prisoner Review Board, or | ||||||
| 16 | his or her designee; | ||||||
| 17 | (iii) the Director of the Illinois State | ||||||
| 18 | Police, or his or her designee; and | ||||||
| 19 | (iv) the Director of the Illinois Criminal | ||||||
| 20 | Justice Information Authority, or his
or her | ||||||
| 21 | designee. | ||||||
| 22 | (1.5) The Chair and Vice Chair shall be elected from | ||||||
| 23 | among its members by a majority of the members of the | ||||||
| 24 | Council. | ||||||
| 25 | (2) Members of the Council who serve because of their | ||||||
| 26 | public office or position, or those who are designated as | ||||||
| |||||||
| |||||||
| 1 | members by such officials, shall serve only as long as they | ||||||
| 2 | hold such office or position. | ||||||
| 3 | (3) Council members shall serve without compensation | ||||||
| 4 | but shall be reimbursed for travel and per diem expenses | ||||||
| 5 | incurred in their work for the Council. | ||||||
| 6 | (4) The Council may exercise any power, perform any | ||||||
| 7 | function, take any action, or do anything in furtherance of | ||||||
| 8 | its purposes and goals
upon the appointment of a quorum of | ||||||
| 9 | its members. The term of office of each member of the | ||||||
| 10 | Council ends on the date of repeal of this amendatory Act | ||||||
| 11 | of the 96th General Assembly. | ||||||
| 12 | (d) Duties. The Council shall perform, as resources permit, | ||||||
| 13 | duties including: | ||||||
| 14 | (1) Collect and analyze information including | ||||||
| 15 | sentencing data, crime trends, and existing correctional | ||||||
| 16 | resources to support legislative and executive action | ||||||
| 17 | affecting the use of correctional resources on the State | ||||||
| 18 | and local levels. | ||||||
| 19 | (2) Prepare criminal justice population projections | ||||||
| 20 | annually, including correctional and community-based | ||||||
| 21 | supervision populations. | ||||||
| 22 | (3) Analyze data relevant to proposed sentencing | ||||||
| 23 | legislation and its effect on current policies or | ||||||
| 24 | practices, and provide information to support | ||||||
| 25 | evidence-based sentencing. | ||||||
| 26 | (4) Ensure that adequate resources and facilities are | ||||||
| |||||||
| |||||||
| 1 | available for carrying out sentences imposed on offenders | ||||||
| 2 | and that rational priorities are established for the use of | ||||||
| 3 | those resources. To do so, the Council shall prepare | ||||||
| 4 | criminal justice resource statements, identifying the | ||||||
| 5 | fiscal and practical effects of proposed criminal | ||||||
| 6 | sentencing legislation, including, but not limited to, the | ||||||
| 7 | correctional population, court processes, and county or | ||||||
| 8 | local government resources. | ||||||
| 9 | (5) Perform such other studies or tasks pertaining to | ||||||
| 10 | sentencing policies as may be requested by the Governor or | ||||||
| 11 | the Illinois General Assembly. | ||||||
| 12 | (6) Perform such other functions as may be required by | ||||||
| 13 | law or as are necessary to carry out the purposes and goals | ||||||
| 14 | of the Council prescribed in subsection (b). | ||||||
| 15 | (7) Publish a report on the trends in sentencing for | ||||||
| 16 | offenders described in subsection (b-1) of Section 5-4-1 of | ||||||
| 17 | this Code, the impact of the trends on the prison and | ||||||
| 18 | probation populations, and any changes in the racial | ||||||
| 19 | composition of the prison and probation populations that | ||||||
| 20 | can be attributed to the changes made by adding subsection | ||||||
| 21 | (b-1) of Section 5-4-1 to this Code by Public Act 99-861 | ||||||
| 22 | this amendatory Act of the 99th General Assembly. | ||||||
| 23 | (e) Authority. | ||||||
| 24 | (1) The Council shall have the power to perform the | ||||||
| 25 | functions necessary to carry out its duties, purposes and | ||||||
| 26 | goals under this Act. In so doing, the Council shall | ||||||
| |||||||
| |||||||
| 1 | utilize information and analysis developed by the Illinois | ||||||
| 2 | Criminal Justice Information Authority, the Administrative | ||||||
| 3 | Office of the Illinois Courts, and the Illinois Department | ||||||
| 4 | of Corrections. | ||||||
| 5 | (2) Upon request from the Council, each executive | ||||||
| 6 | agency and department of State and local government shall | ||||||
| 7 | provide information and records to the Council in the | ||||||
| 8 | execution of its duties. | ||||||
| 9 | (f) Report. The Council shall report in writing annually to | ||||||
| 10 | the General Assembly, the Illinois Supreme Court, and the | ||||||
| 11 | Governor. | ||||||
| 12 | (g) This Section is repealed on December 31, 2020.
| ||||||
| 13 | (Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15; | ||||||
| 14 | 99-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)
| ||||||
| 15 | (730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
| ||||||
| 16 | Sec. 5-8A-3. Application.
| ||||||
| 17 | (a) Except as provided in subsection (d), a person charged | ||||||
| 18 | with
or convicted of an
excluded offense may not be placed in | ||||||
| 19 | an electronic monitoring or home
detention program, except for | ||||||
| 20 | bond pending trial or appeal or while on parole, aftercare | ||||||
| 21 | release,
or mandatory supervised release.
| ||||||
| 22 | (b) A person serving a sentence for a conviction of a Class | ||||||
| 23 | 1 felony,
other than an excluded offense, may be placed in an | ||||||
| 24 | electronic monitoring or home detention
program for a period | ||||||
| 25 | not to exceed the last 90 days of incarceration.
| ||||||
| |||||||
| |||||||
| 1 | (c) A person serving a sentence for a conviction
of a Class | ||||||
| 2 | X felony, other than an excluded offense, may be placed
in an | ||||||
| 3 | electronic monitoring or home detention program for a period | ||||||
| 4 | not to exceed the last 90
days of incarceration, provided that | ||||||
| 5 | the person was sentenced on or after August 11, 1993 (the
| ||||||
| 6 | effective date of Public Act 88-311) this amendatory Act of | ||||||
| 7 | 1993 and provided that the court has
not prohibited the program | ||||||
| 8 | for the person in the sentencing order.
| ||||||
| 9 | (d) A person serving a sentence for conviction of an | ||||||
| 10 | offense other than
for predatory criminal sexual assault of a | ||||||
| 11 | child, aggravated criminal
sexual assault, criminal sexual | ||||||
| 12 | assault, aggravated
criminal sexual abuse, or felony criminal | ||||||
| 13 | sexual abuse, may be placed in an
electronic monitoring or home | ||||||
| 14 | detention program for a period not to exceed the last 12 months
| ||||||
| 15 | of incarceration, provided that (i) the person is 55 years of | ||||||
| 16 | age or older;
(ii) the person is serving a determinate | ||||||
| 17 | sentence; (iii) the person has served
at least 25% of the | ||||||
| 18 | sentenced prison term; and (iv) placement in an electronic
home | ||||||
| 19 | monitoring or detention program is approved by the Prisoner | ||||||
| 20 | Review Board or the Department of Juvenile Justice.
| ||||||
| 21 | (e) A person serving a sentence for conviction
of a Class | ||||||
| 22 | 2, 3, or 4 felony offense which is not an excluded offense may | ||||||
| 23 | be
placed in an
electronic monitoring or home detention program | ||||||
| 24 | pursuant to Department administrative
directives.
| ||||||
| 25 | (f) Applications for electronic monitoring or home | ||||||
| 26 | detention
may include the following:
| ||||||
| |||||||
| |||||||
| 1 | (1) pretrial or pre-adjudicatory detention;
| ||||||
| 2 | (2) probation;
| ||||||
| 3 | (3) conditional discharge;
| ||||||
| 4 | (4) periodic imprisonment;
| ||||||
| 5 | (5) parole, aftercare release, or mandatory supervised | ||||||
| 6 | release;
| ||||||
| 7 | (6) work release;
| ||||||
| 8 | (7) furlough; or
| ||||||
| 9 | (8) post-trial incarceration.
| ||||||
| 10 | (g) A person convicted of an offense described in clause | ||||||
| 11 | (4) or (5) of
subsection (d) of Section 5-8-1 of this Code | ||||||
| 12 | shall be placed in an electronic monitoring or
home detention | ||||||
| 13 | program for at least the first 2 years of the person's | ||||||
| 14 | mandatory
supervised release term.
| ||||||
| 15 | (Source: P.A. 98-558, eff. 1-1-14; 98-756, eff. 7-16-14; | ||||||
| 16 | 99-628, eff. 1-1-17; 99-797, eff. 8-12-16; revised 9-1-16.)
| ||||||
| 17 | (730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)
| ||||||
| 18 | Sec. 5-8A-5. Consent of the participant. Before entering an | ||||||
| 19 | order for
commitment for electronic monitoring, the | ||||||
| 20 | supervising authority shall
inform the participant and other | ||||||
| 21 | persons residing in the home of the nature
and extent of the | ||||||
| 22 | approved electronic monitoring devices by doing the
following:
| ||||||
| 23 | (A) Securing the written consent of the participant in | ||||||
| 24 | the program to
comply with the rules and regulations of the | ||||||
| 25 | program as stipulated in
subsections (A) through (I) of | ||||||
| |||||||
| |||||||
| 1 | Section 5-8A-4.
| ||||||
| 2 | (B) Where possible, securing the written consent of | ||||||
| 3 | other persons
residing in the home
of the participant, | ||||||
| 4 | including the person in whose name the telephone is
| ||||||
| 5 | registered, at the time of the order or commitment for | ||||||
| 6 | electronic
home detention is entered and acknowledge the | ||||||
| 7 | nature and extent of approved
electronic monitoring | ||||||
| 8 | devices.
| ||||||
| 9 | (C) Insure that the approved electronic devices be | ||||||
| 10 | minimally
intrusive upon the privacy of the participant
and | ||||||
| 11 | other persons residing in the home
while remaining in | ||||||
| 12 | compliance with subsections (B) through (D)
of Section | ||||||
| 13 | 5-8A-4.
| ||||||
| 14 | (D) This Section does not apply to persons subject to | ||||||
| 15 | Electronic
Monitoring or home detention as a term or condition | ||||||
| 16 | of parole, aftercare release, or mandatory supervised release
| ||||||
| 17 | under subsection (d) of Section 5-8-1 of this Code.
| ||||||
| 18 | (Source: P.A. 98-558, eff. 1-1-14; 99-797, eff. 8-12-16; | ||||||
| 19 | revised 10-27-16.)
| ||||||
| 20 | (730 ILCS 5/5-8A-7)
| ||||||
| 21 | Sec. 5-8A-7. Domestic violence surveillance program. If | ||||||
| 22 | the Prisoner Review Board, Department of Corrections, | ||||||
| 23 | Department of Juvenile Justice, or court (the supervising | ||||||
| 24 | authority) orders electronic surveillance as a condition of | ||||||
| 25 | parole, aftercare release, mandatory supervised release, early | ||||||
| |||||||
| |||||||
| 1 | release, probation, or conditional discharge for a violation of | ||||||
| 2 | an order of protection or as a condition of bail for a person | ||||||
| 3 | charged with a violation of an order of protection, the | ||||||
| 4 | supervising authority shall use the best available global | ||||||
| 5 | positioning technology to track domestic violence offenders. | ||||||
| 6 | Best available technology must have real-time and interactive | ||||||
| 7 | capabilities that facilitate the following objectives: (1) | ||||||
| 8 | immediate notification to the supervising authority of a breach | ||||||
| 9 | of a court ordered exclusion zone; (2) notification of the | ||||||
| 10 | breach to the offender; and (3) communication between the | ||||||
| 11 | supervising authority, law enforcement, and the victim, | ||||||
| 12 | regarding the breach. The supervising authority may also | ||||||
| 13 | require that the electronic surveillance ordered under this | ||||||
| 14 | Section monitor the consumption of alcohol or drugs.
| ||||||
| 15 | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17; 99-797, | ||||||
| 16 | eff. 8-12-16; revised 9-2-16.)
| ||||||
| 17 | Section 695. The Code of Civil Procedure is amended by | ||||||
| 18 | changing Section 13-214 as follows:
| ||||||
| 19 | (735 ILCS 5/13-214) (from Ch. 110, par. 13-214)
| ||||||
| 20 | Sec. 13-214. Construction; design Construction - design | ||||||
| 21 | management and supervision. As used
in this Section, "person" | ||||||
| 22 | means any individual, any business or legal entity,
or any body | ||||||
| 23 | politic.
| ||||||
| 24 | (a) Actions based upon tort, contract or otherwise against | ||||||
| |||||||
| |||||||
| 1 | any person
for an act or omission of such person in the design, | ||||||
| 2 | planning, supervision,
observation or management of | ||||||
| 3 | construction, or construction of an
improvement to real | ||||||
| 4 | property shall be commenced within 4 years from the
time the | ||||||
| 5 | person bringing an action, or his or her privity, knew or | ||||||
| 6 | should
reasonably have known of such act or omission. | ||||||
| 7 | Notwithstanding any other
provision of law, contract actions | ||||||
| 8 | against a surety on a payment or
performance bond shall be | ||||||
| 9 | commenced, if at all, within the same time
limitation | ||||||
| 10 | applicable to the bond principal.
| ||||||
| 11 | (b) No action based upon tort, contract or otherwise may be | ||||||
| 12 | brought against
any person for an act or omission of such | ||||||
| 13 | person in the design, planning,
supervision, observation or | ||||||
| 14 | management of construction, or construction
of an improvement | ||||||
| 15 | to real property after 10 years have elapsed from the
time of | ||||||
| 16 | such act or omission. However, any person who discovers such | ||||||
| 17 | act or
omission prior to expiration of 10 years from the time | ||||||
| 18 | of such act or
omission shall in no event have less than 4 | ||||||
| 19 | years to bring an action as
provided in subsection (a) of this | ||||||
| 20 | Section. Notwithstanding any other
provision of law, contract | ||||||
| 21 | actions against a surety on a payment or
performance bond shall | ||||||
| 22 | be commenced, if at all, within the same time
limitation | ||||||
| 23 | applicable to the bond principal.
| ||||||
| 24 | (c) If a person otherwise entitled to bring an action could | ||||||
| 25 | not have
brought such action within the limitation periods | ||||||
| 26 | herein solely because
such person was under the age of 18 | ||||||
| |||||||
| |||||||
| 1 | years, or a person with a developmental
disability or a person | ||||||
| 2 | with mental illness, then the limitation periods herein
shall | ||||||
| 3 | not begin to run until the person attains the age of 18 years, | ||||||
| 4 | or the
disability is removed.
| ||||||
| 5 | (d) Subsection (b) shall not prohibit any action against a | ||||||
| 6 | defendant who
has expressly warranted or promised the | ||||||
| 7 | improvement to real property for
a longer period from being | ||||||
| 8 | brought within that period.
| ||||||
| 9 | (e) The limitations of this Section shall not apply to | ||||||
| 10 | causes of action
arising out of fraudulent misrepresentations | ||||||
| 11 | or to fraudulent concealment
of causes of action.
| ||||||
| 12 | (f) Subsection (b) does not apply to an action that is | ||||||
| 13 | based on personal
injury, disability, disease, or death | ||||||
| 14 | resulting from the discharge into the
environment of asbestos.
| ||||||
| 15 | (Source: P.A. 98-1131, eff. 6-1-15; revised 9-1-16.)
| ||||||
| 16 | Section 700. The Real Estate Investment Trust Act is | ||||||
| 17 | amended by changing Section 2 as follows:
| ||||||
| 18 | (745 ILCS 60/2) (from Ch. 30, par. 252)
| ||||||
| 19 | Sec. 2.
The shareholders or beneficiaries of a real estate | ||||||
| 20 | investment trust
shall not, as such, be personally liable for | ||||||
| 21 | any of its obligations arising
after the effective date of this | ||||||
| 22 | Act, nor shall persons who become
shareholders or beneficiaries | ||||||
| 23 | after the effective date of this Act be
personally liable, as | ||||||
| 24 | such, for obligations of the real estate trust. If an
| ||||||
| |||||||
| |||||||
| 1 | application for registration of the securities issued or | ||||||
| 2 | issuable by such
unincorporated trust or association has been | ||||||
| 3 | registered by the Secretary of
State pursuant to Section 5 of | ||||||
| 4 | the "The Illinois Securities Law of 1953", as
heretofore and | ||||||
| 5 | hereafter amended, such registration shall be conclusive
| ||||||
| 6 | evidence that an unincorporated trust or association is a real | ||||||
| 7 | estate
investment trust as to all persons who become | ||||||
| 8 | shareholders or beneficiaries
after the registration date and | ||||||
| 9 | prior to its suspension or revocation, if
any, and as to all | ||||||
| 10 | obligations of the unincorporated trust or association
arising | ||||||
| 11 | after the effective date of this Act whether they arose before | ||||||
| 12 | or
after the effective date of registration under Section 5 of | ||||||
| 13 | the "The Illinois
Securities Law of 1953", and prior to | ||||||
| 14 | suspension or revocation of the
registration.
| ||||||
| 15 | (Source: Laws 1963, p. 994; revised 10-25-16.)
| ||||||
| 16 | Section 705. The Illinois Marriage and Dissolution of | ||||||
| 17 | Marriage Act is amended by changing Section 510 as follows:
| ||||||
| 18 | (750 ILCS 5/510) (from Ch. 40, par. 510)
| ||||||
| 19 | (Text of Section before amendment by P.A. 99-764) | ||||||
| 20 | Sec. 510. Modification and termination of provisions for
| ||||||
| 21 | maintenance, support, educational expenses, and property | ||||||
| 22 | disposition. | ||||||
| 23 | (a) Except as otherwise provided in paragraph (f) of | ||||||
| 24 | Section 502 and
in subsection (b), clause (3) of Section 505.2, | ||||||
| |||||||
| |||||||
| 1 | the provisions of any
judgment respecting maintenance or | ||||||
| 2 | support may be modified only as to
installments accruing | ||||||
| 3 | subsequent to due notice by the moving party of the
filing of | ||||||
| 4 | the motion for modification. An order for child
support may be | ||||||
| 5 | modified as follows:
| ||||||
| 6 | (1) upon a showing of a substantial change in | ||||||
| 7 | circumstances; and
| ||||||
| 8 | (2) without the necessity of showing a substantial | ||||||
| 9 | change in
circumstances, as follows:
| ||||||
| 10 | (A) upon a showing of an inconsistency of at least | ||||||
| 11 | 20%, but no
less than $10 per month, between the amount | ||||||
| 12 | of the existing order and the
amount of child support | ||||||
| 13 | that results from application of the guidelines
| ||||||
| 14 | specified in Section 505 of this Act unless the | ||||||
| 15 | inconsistency is due to the
fact that the amount of the | ||||||
| 16 | existing order resulted from a deviation from the
| ||||||
| 17 | guideline amount and there has not been a change in the | ||||||
| 18 | circumstances that
resulted in that deviation; or
| ||||||
| 19 | (B) upon a showing of a need to provide for the | ||||||
| 20 | health care needs
of the child under the order through | ||||||
| 21 | health insurance or other means. In no
event shall the | ||||||
| 22 | eligibility for or receipt of medical assistance be | ||||||
| 23 | considered
to meet the need to provide for the child's | ||||||
| 24 | health care needs.
| ||||||
| 25 | The provisions of subparagraph (a)(2)(A) shall apply only
| ||||||
| 26 | in cases in which a party is receiving child support
| ||||||
| |||||||
| |||||||
| 1 | enforcement services from the Department of Healthcare and | ||||||
| 2 | Family Services under
Article X of the Illinois Public Aid | ||||||
| 3 | Code, and only when at least 36
months have elapsed since the | ||||||
| 4 | order for child support was entered or last
modified.
| ||||||
| 5 | (a-5) An order for maintenance may be modified or | ||||||
| 6 | terminated only upon a
showing of a substantial change in | ||||||
| 7 | circumstances. In all such proceedings, as
well as in | ||||||
| 8 | proceedings in which maintenance is being reviewed, the court | ||||||
| 9 | shall
consider the applicable factors set forth in subsection | ||||||
| 10 | (a) of Section 504 and
the following factors:
| ||||||
| 11 | (1) any change in the employment status of either party | ||||||
| 12 | and whether the
change has been made
in good faith;
| ||||||
| 13 | (2) the efforts, if any, made by the party receiving | ||||||
| 14 | maintenance to become
self-supporting, and
the | ||||||
| 15 | reasonableness of the efforts where they are appropriate;
| ||||||
| 16 | (3) any impairment of the present and future earning | ||||||
| 17 | capacity of either
party;
| ||||||
| 18 | (4) the tax consequences of the maintenance payments | ||||||
| 19 | upon the respective
economic
circumstances of the parties;
| ||||||
| 20 | (5) the duration of the maintenance payments | ||||||
| 21 | previously paid (and
remaining to be paid) relative
to the | ||||||
| 22 | length of the marriage;
| ||||||
| 23 | (6) the property, including retirement benefits, | ||||||
| 24 | awarded to each party
under the judgment of
dissolution of | ||||||
| 25 | marriage, judgment of legal separation, or judgment of
| ||||||
| 26 | declaration of invalidity of
marriage and the present | ||||||
| |||||||
| |||||||
| 1 | status of the property;
| ||||||
| 2 | (7) the increase or decrease in each party's income | ||||||
| 3 | since the prior
judgment or order from which
a review, | ||||||
| 4 | modification, or termination is being sought;
| ||||||
| 5 | (8) the property acquired and currently owned by each | ||||||
| 6 | party after the
entry of the judgment of
dissolution of | ||||||
| 7 | marriage, judgment of legal separation, or judgment of
| ||||||
| 8 | declaration of invalidity of
marriage; and
| ||||||
| 9 | (9) any other factor that the court expressly finds to | ||||||
| 10 | be just and
equitable.
| ||||||
| 11 | (a-6) In a review under subsection (b-4.5) of Section 504 | ||||||
| 12 | of this Act, the court may enter a fixed-term maintenance award | ||||||
| 13 | that bars future maintenance only if, at the time of the entry | ||||||
| 14 | of the award, the marriage had lasted 10 years or less at the | ||||||
| 15 | time the original action was commenced. | ||||||
| 16 | (b) The provisions as to property disposition may not be | ||||||
| 17 | revoked or
modified,
unless the court finds the existence of | ||||||
| 18 | conditions that justify the
reopening of a judgment under the | ||||||
| 19 | laws of this State.
| ||||||
| 20 | (c) Unless otherwise agreed by the parties in a written | ||||||
| 21 | agreement
set forth in the judgment or otherwise approved by | ||||||
| 22 | the court, the obligation
to pay future maintenance is | ||||||
| 23 | terminated upon the death of either party, or
the remarriage of | ||||||
| 24 | the party receiving maintenance, or if the party
receiving | ||||||
| 25 | maintenance cohabits with another person on a resident,
| ||||||
| 26 | continuing conjugal basis. A payor's obligation to pay | ||||||
| |||||||
| |||||||
| 1 | maintenance or unallocated maintenance terminates by operation | ||||||
| 2 | of law on the date the recipient remarries or the date the | ||||||
| 3 | court finds cohabitation began. The payor is entitled to | ||||||
| 4 | reimbursement for all maintenance paid from that date forward. | ||||||
| 5 | Any termination of an obligation for maintenance as a result of | ||||||
| 6 | the death of the payor party, however, shall be inapplicable to | ||||||
| 7 | any right of the other party or such other party's designee to | ||||||
| 8 | receive a death benefit under such insurance on the payor | ||||||
| 9 | party's life. A party receiving maintenance must advise the | ||||||
| 10 | payor of his or her intention to marry at least 30 days before | ||||||
| 11 | the remarriage, unless the decision is made within this time | ||||||
| 12 | period. In that event, he or she must notify the other party | ||||||
| 13 | within 72 hours of getting married. | ||||||
| 14 | (c-5) In an adjudicated case, the court shall make specific | ||||||
| 15 | factual findings as to the reason for the modification as well | ||||||
| 16 | as the amount, nature, and duration of the modified maintenance | ||||||
| 17 | award.
| ||||||
| 18 | (d) Unless otherwise provided in this Act, or as agreed in | ||||||
| 19 | writing or
expressly
provided in the
judgment, provisions for | ||||||
| 20 | the support of a child are terminated by emancipation
of the
| ||||||
| 21 | child, or if the child has attained the age of 18 and is still | ||||||
| 22 | attending
high school,
provisions for the support of the child | ||||||
| 23 | are terminated upon the date that the
child
graduates from high | ||||||
| 24 | school or the date the child attains the age of 19,
whichever | ||||||
| 25 | is
earlier, but not by the death of a parent obligated to | ||||||
| 26 | support or educate the
child.
An existing obligation to pay for | ||||||
| |||||||
| |||||||
| 1 | support
or educational expenses, or both, is not terminated by | ||||||
| 2 | the death of a
parent. When a parent obligated to pay support | ||||||
| 3 | or educational
expenses, or both, dies, the amount of support | ||||||
| 4 | or educational expenses, or
both, may be enforced, modified, | ||||||
| 5 | revoked or commuted to a lump sum payment,
as equity may | ||||||
| 6 | require, and that determination may be provided for at the
time | ||||||
| 7 | of the dissolution of the marriage or thereafter.
| ||||||
| 8 | (e) The right to petition for support or educational | ||||||
| 9 | expenses, or both,
under Sections 505 and 513 is not | ||||||
| 10 | extinguished by the death of a parent.
Upon a petition filed | ||||||
| 11 | before or after a parent's death, the court may award
sums of | ||||||
| 12 | money out of the decedent's estate for the child's support or
| ||||||
| 13 | educational expenses, or both, as equity may require. The time | ||||||
| 14 | within
which a claim may be filed against the estate of a | ||||||
| 15 | decedent under Sections
505 and 513 and subsection (d) and this | ||||||
| 16 | subsection shall be governed by the
provisions of the Probate | ||||||
| 17 | Act of 1975, as a barrable, noncontingent claim.
| ||||||
| 18 | (f) A petition to modify or terminate child support or | ||||||
| 19 | allocation of parental responsibilities shall not delay any | ||||||
| 20 | child support enforcement litigation or
supplementary | ||||||
| 21 | proceeding on behalf of the obligee, including, but not limited
| ||||||
| 22 | to, a petition for a rule to show cause, for non-wage | ||||||
| 23 | garnishment, or for a
restraining order.
| ||||||
| 24 | (Source: P.A. 99-90, eff. 1-1-16.)
| ||||||
| 25 | (Text of Section after amendment by P.A. 99-764) | ||||||
| |||||||
| |||||||
| 1 | Sec. 510. Modification and termination of provisions for
| ||||||
| 2 | maintenance, support, educational expenses, and property | ||||||
| 3 | disposition.
| ||||||
| 4 | (a) Except as otherwise provided in paragraph (f) of | ||||||
| 5 | Section 502 and
in subsection (b), clause (3) of Section 505.2, | ||||||
| 6 | the provisions of any
judgment respecting maintenance or | ||||||
| 7 | support may be modified only as to
installments accruing | ||||||
| 8 | subsequent to due notice by the moving party of the
filing of | ||||||
| 9 | the motion for modification. An order for child
support may be | ||||||
| 10 | modified as follows:
| ||||||
| 11 | (1) upon a showing of a substantial change in | ||||||
| 12 | circumstances; and
| ||||||
| 13 | (2) without the necessity of showing a substantial | ||||||
| 14 | change in
circumstances, as follows:
| ||||||
| 15 | (A) upon a showing of an inconsistency of at least | ||||||
| 16 | 20%, but no
less than $10 per month, between the amount | ||||||
| 17 | of the existing order and the
amount of child support | ||||||
| 18 | that results from application of the guidelines
| ||||||
| 19 | specified in Section 505 of this Act unless the | ||||||
| 20 | inconsistency is due to the
fact that the amount of the | ||||||
| 21 | existing order resulted from a deviation from the
| ||||||
| 22 | guideline amount and there has not been a change in the | ||||||
| 23 | circumstances that
resulted in that deviation; or
| ||||||
| 24 | (B) upon a showing of a need to provide for the | ||||||
| 25 | health care needs
of the child under the order through | ||||||
| 26 | health insurance or other means. In no
event shall the | ||||||
| |||||||
| |||||||
| 1 | eligibility for or receipt of medical assistance be | ||||||
| 2 | considered
to meet the need to provide for the child's | ||||||
| 3 | health care needs.
| ||||||
| 4 | The provisions of subparagraph (a)(2)(A) shall apply only
| ||||||
| 5 | in cases in which a party is receiving child support
| ||||||
| 6 | enforcement services from the Department of Healthcare and | ||||||
| 7 | Family Services under
Article X of the Illinois Public Aid | ||||||
| 8 | Code, and only when at least 36
months have elapsed since the | ||||||
| 9 | order for child support was entered or last
modified.
| ||||||
| 10 | The court may grant a petition for modification that seeks | ||||||
| 11 | to apply the changes made to subsection (a) of Section 505 by | ||||||
| 12 | Public Act 99-764 this amendatory Act of the 99th General | ||||||
| 13 | Assembly to an order entered before the effective date of | ||||||
| 14 | Public Act 99-764 this amendatory Act of the 99th General | ||||||
| 15 | Assembly only upon a finding of a substantial change in | ||||||
| 16 | circumstances that warrants application of the changes. The | ||||||
| 17 | enactment of Public Act 99-764 this amendatory Act of the 99th | ||||||
| 18 | General Assembly itself does not constitute a substantial | ||||||
| 19 | change in circumstances warranting a modification. | ||||||
| 20 | (a-5) An order for maintenance may be modified or | ||||||
| 21 | terminated only upon a
showing of a substantial change in | ||||||
| 22 | circumstances. In all such proceedings, as
well as in | ||||||
| 23 | proceedings in which maintenance is being reviewed, the court | ||||||
| 24 | shall
consider the applicable factors set forth in subsection | ||||||
| 25 | (a) of Section 504 and
the following factors:
| ||||||
| 26 | (1) any change in the employment status of either party | ||||||
| |||||||
| |||||||
| 1 | and whether the
change has been made
in good faith;
| ||||||
| 2 | (2) the efforts, if any, made by the party receiving | ||||||
| 3 | maintenance to become
self-supporting, and
the | ||||||
| 4 | reasonableness of the efforts where they are appropriate;
| ||||||
| 5 | (3) any impairment of the present and future earning | ||||||
| 6 | capacity of either
party;
| ||||||
| 7 | (4) the tax consequences of the maintenance payments | ||||||
| 8 | upon the respective
economic
circumstances of the parties;
| ||||||
| 9 | (5) the duration of the maintenance payments | ||||||
| 10 | previously paid (and
remaining to be paid) relative
to the | ||||||
| 11 | length of the marriage;
| ||||||
| 12 | (6) the property, including retirement benefits, | ||||||
| 13 | awarded to each party
under the judgment of
dissolution of | ||||||
| 14 | marriage, judgment of legal separation, or judgment of
| ||||||
| 15 | declaration of invalidity of
marriage and the present | ||||||
| 16 | status of the property;
| ||||||
| 17 | (7) the increase or decrease in each party's income | ||||||
| 18 | since the prior
judgment or order from which
a review, | ||||||
| 19 | modification, or termination is being sought;
| ||||||
| 20 | (8) the property acquired and currently owned by each | ||||||
| 21 | party after the
entry of the judgment of
dissolution of | ||||||
| 22 | marriage, judgment of legal separation, or judgment of
| ||||||
| 23 | declaration of invalidity of
marriage; and
| ||||||
| 24 | (9) any other factor that the court expressly finds to | ||||||
| 25 | be just and
equitable.
| ||||||
| 26 | (a-6) In a review under subsection (b-4.5) of Section 504 | ||||||
| |||||||
| |||||||
| 1 | of this Act, the court may enter a fixed-term maintenance award | ||||||
| 2 | that bars future maintenance only if, at the time of the entry | ||||||
| 3 | of the award, the marriage had lasted 10 years or less at the | ||||||
| 4 | time the original action was commenced. | ||||||
| 5 | (b) The provisions as to property disposition may not be | ||||||
| 6 | revoked or
modified,
unless the court finds the existence of | ||||||
| 7 | conditions that justify the
reopening of a judgment under the | ||||||
| 8 | laws of this State.
| ||||||
| 9 | (c) Unless otherwise agreed by the parties in a written | ||||||
| 10 | agreement
set forth in the judgment or otherwise approved by | ||||||
| 11 | the court, the obligation
to pay future maintenance is | ||||||
| 12 | terminated upon the death of either party, or
the remarriage of | ||||||
| 13 | the party receiving maintenance, or if the party
receiving | ||||||
| 14 | maintenance cohabits with another person on a resident,
| ||||||
| 15 | continuing conjugal basis. A payor's obligation to pay | ||||||
| 16 | maintenance or unallocated maintenance terminates by operation | ||||||
| 17 | of law on the date the recipient remarries or the date the | ||||||
| 18 | court finds cohabitation began. The payor is entitled to | ||||||
| 19 | reimbursement for all maintenance paid from that date forward. | ||||||
| 20 | Any termination of an obligation for maintenance as a result of | ||||||
| 21 | the death of the payor party, however, shall be inapplicable to | ||||||
| 22 | any right of the other party or such other party's designee to | ||||||
| 23 | receive a death benefit under such insurance on the payor | ||||||
| 24 | party's life. A party receiving maintenance must advise the | ||||||
| 25 | payor of his or her intention to marry at least 30 days before | ||||||
| 26 | the remarriage, unless the decision is made within this time | ||||||
| |||||||
| |||||||
| 1 | period. In that event, he or she must notify the other party | ||||||
| 2 | within 72 hours of getting married. | ||||||
| 3 | (c-5) In an adjudicated case, the court shall make specific | ||||||
| 4 | factual findings as to the reason for the modification as well | ||||||
| 5 | as the amount, nature, and duration of the modified maintenance | ||||||
| 6 | award.
| ||||||
| 7 | (d) Unless otherwise provided in this Act, or as agreed in | ||||||
| 8 | writing or
expressly
provided in the
judgment, provisions for | ||||||
| 9 | the support of a child are terminated by emancipation
of the
| ||||||
| 10 | child, or if the child has attained the age of 18 and is still | ||||||
| 11 | attending
high school,
provisions for the support of the child | ||||||
| 12 | are terminated upon the date that the
child
graduates from high | ||||||
| 13 | school or the date the child attains the age of 19,
whichever | ||||||
| 14 | is
earlier, but not by the death of a parent obligated to | ||||||
| 15 | support or educate the
child.
An existing obligation to pay for | ||||||
| 16 | support
or educational expenses, or both, is not terminated by | ||||||
| 17 | the death of a
parent. When a parent obligated to pay support | ||||||
| 18 | or educational
expenses, or both, dies, the amount of support | ||||||
| 19 | or educational expenses, or
both, may be enforced, modified, | ||||||
| 20 | revoked or commuted to a lump sum payment,
as equity may | ||||||
| 21 | require, and that determination may be provided for at the
time | ||||||
| 22 | of the dissolution of the marriage or thereafter.
| ||||||
| 23 | (e) The right to petition for support or educational | ||||||
| 24 | expenses, or both,
under Sections 505 and 513 is not | ||||||
| 25 | extinguished by the death of a parent.
Upon a petition filed | ||||||
| 26 | before or after a parent's death, the court may award
sums of | ||||||
| |||||||
| |||||||
| 1 | money out of the decedent's estate for the child's support or
| ||||||
| 2 | educational expenses, or both, as equity may require. The time | ||||||
| 3 | within
which a claim may be filed against the estate of a | ||||||
| 4 | decedent under Sections
505 and 513 and subsection (d) and this | ||||||
| 5 | subsection shall be governed by the
provisions of the Probate | ||||||
| 6 | Act of 1975, as a barrable, noncontingent claim.
| ||||||
| 7 | (f) A petition to modify or terminate child support or | ||||||
| 8 | allocation of parental responsibilities shall not delay any | ||||||
| 9 | child support enforcement litigation or
supplementary | ||||||
| 10 | proceeding on behalf of the obligee, including, but not limited
| ||||||
| 11 | to, a petition for a rule to show cause, for non-wage | ||||||
| 12 | garnishment, or for a
restraining order.
| ||||||
| 13 | (Source: P.A. 99-90, eff. 1-1-16; 99-764, eff. 7-1-17; revised | ||||||
| 14 | 9-8-16.)
| ||||||
| 15 | Section 710. The Illinois Parentage Act of 2015 is amended | ||||||
| 16 | by changing Section 103 as follows:
| ||||||
| 17 | (750 ILCS 46/103)
| ||||||
| 18 | Sec. 103. Definitions. In this Act: | ||||||
| 19 | (a) "Acknowledged father" means a man who has established a | ||||||
| 20 | father-child relationship under Article 3.
| ||||||
| 21 | (b) "Adjudicated father" means a man who has been | ||||||
| 22 | adjudicated by a court of competent jurisdiction, or as | ||||||
| 23 | authorized under Article X of the Illinois Public Aid Code, to | ||||||
| 24 | be the father of a child.
| ||||||
| |||||||
| |||||||
| 1 | (c) "Alleged father" means a man who alleges himself to be, | ||||||
| 2 | or is alleged to be, the biological father or a possible | ||||||
| 3 | biological father of a child, but whose paternity has not been | ||||||
| 4 | established. The term does not include:
| ||||||
| 5 | (1) a presumed parent or acknowledged father; or | ||||||
| 6 | (2) a man whose parental rights have been terminated or
| ||||||
| 7 | declared not to exist.
| ||||||
| 8 | (d) "Assisted reproduction" means a method of achieving a | ||||||
| 9 | pregnancy through though an artificial insemination or an | ||||||
| 10 | embryo transfer and includes gamete and embryo donation. | ||||||
| 11 | "Assisted reproduction" does not include any pregnancy | ||||||
| 12 | achieved through sexual intercourse. | ||||||
| 13 | (e) "Child" means an individual of any age whose parentage | ||||||
| 14 | may be established under this Act.
| ||||||
| 15 | (f) "Combined paternity index" means the likelihood of | ||||||
| 16 | paternity calculated by computing the ratio between:
| ||||||
| 17 | (1) the likelihood that the tested man is the father, | ||||||
| 18 | based on the genetic markers of the tested man, mother, and | ||||||
| 19 | child, conditioned on the hypothesis that the tested man is | ||||||
| 20 | the father of the child; and
| ||||||
| 21 | (2) the likelihood that the tested man is not the | ||||||
| 22 | father, based on the genetic markers of the tested man, | ||||||
| 23 | mother, and child, conditioned on the hypothesis that the | ||||||
| 24 | tested man is not the father of the child and that the | ||||||
| 25 | father is of the same ethnic or racial group as the tested | ||||||
| 26 | man.
| ||||||
| |||||||
| |||||||
| 1 | (g) "Commence" means to file the initial pleading seeking | ||||||
| 2 | an adjudication of parentage in the circuit court of this | ||||||
| 3 | State.
| ||||||
| 4 | (h) "Determination of parentage" means the establishment | ||||||
| 5 | of the parent-child relationship by the signing of a voluntary | ||||||
| 6 | acknowledgment under Article 3 of this Act or adjudication by | ||||||
| 7 | the court or as authorized under Article X of the Illinois | ||||||
| 8 | Public Aid Code.
| ||||||
| 9 | (i) "Donor" means an individual who participates in an | ||||||
| 10 | assisted reproductive technology
arrangement by providing | ||||||
| 11 | gametes and relinquishes all rights and
responsibilities to the | ||||||
| 12 | gametes so that another individual or individuals may
become | ||||||
| 13 | the legal parent or parents of any resulting child. "Donor" | ||||||
| 14 | does not include a spouse in any
assisted reproductive | ||||||
| 15 | technology arrangement in which his or her spouse will parent | ||||||
| 16 | any
resulting child. | ||||||
| 17 | (j) "Ethnic or racial group" means, for purposes of genetic | ||||||
| 18 | testing, a recognized group that an individual identifies as | ||||||
| 19 | all or part of the individual's ancestry or that is so | ||||||
| 20 | identified by other information.
| ||||||
| 21 | (k) "Gamete" means either a sperm or an egg.
| ||||||
| 22 | (l) "Genetic testing" means an analysis of genetic markers | ||||||
| 23 | to exclude or identify a man as the father or a woman as the | ||||||
| 24 | mother of a child as provided in Article 4 of this Act.
| ||||||
| 25 | (l-5) "Gestational surrogacy" means the process by which a | ||||||
| 26 | woman attempts to carry and give birth to a child created | ||||||
| |||||||
| |||||||
| 1 | through in vitro fertilization in which the gestational | ||||||
| 2 | surrogate has made no genetic contribution to any resulting | ||||||
| 3 | child. | ||||||
| 4 | (m) "Gestational surrogate" means a woman who is not an | ||||||
| 5 | intended parent and agrees to engage in a gestational surrogacy | ||||||
| 6 | arrangement pursuant to the terms of a valid gestational | ||||||
| 7 | surrogacy arrangement under the Gestational Surrogacy Act.
| ||||||
| 8 | (m-5) "Intended parent" means a person who enters into an | ||||||
| 9 | assisted reproductive technology arrangement, including a | ||||||
| 10 | gestational surrogacy arrangement, under which he or she will | ||||||
| 11 | be the legal parent of the resulting child. | ||||||
| 12 | (n) "Parent" means an individual who has established a | ||||||
| 13 | parent-child relationship under Section 201 of this Act.
| ||||||
| 14 | (o) "Parent-child relationship" means the legal | ||||||
| 15 | relationship between a child and a parent of the child. | ||||||
| 16 | (p) "Presumed parent" means an individual who, by operation | ||||||
| 17 | of law under Section 204 of this Act, is recognized as the | ||||||
| 18 | parent of a child until that status is rebutted or confirmed in | ||||||
| 19 | a judicial or administrative proceeding.
| ||||||
| 20 | (q) "Probability of paternity" means the measure, for the | ||||||
| 21 | ethnic or racial group to which the alleged father belongs, of | ||||||
| 22 | the probability that the man in question is the father of the | ||||||
| 23 | child, compared with a random, unrelated man of the same ethnic | ||||||
| 24 | or racial group, expressed as a percentage incorporating the | ||||||
| 25 | combined paternity index and a prior probability.
| ||||||
| 26 | (r) "Record" means information that is inscribed on a | ||||||
| |||||||
| |||||||
| 1 | tangible medium or that is stored in an electronic or other | ||||||
| 2 | medium and is retrievable in perceivable form.
| ||||||
| 3 | (s) "Signatory" means an individual who authenticates a | ||||||
| 4 | record and is bound by its terms.
| ||||||
| 5 | (t) "State" means a state of the United States, the | ||||||
| 6 | District of Columbia, Puerto Rico, the United States Virgin | ||||||
| 7 | Islands, or any territory or insular possession subject to the | ||||||
| 8 | jurisdiction of the United States.
| ||||||
| 9 | (u) "Substantially similar legal relationship" means a | ||||||
| 10 | relationship recognized in this State under Section 60 of the | ||||||
| 11 | Illinois Religious Freedom Protection and Civil Union Act. | ||||||
| 12 | (v) "Support-enforcement agency" means a public official | ||||||
| 13 | or agency authorized to seek:
| ||||||
| 14 | (1) enforcement of support orders or laws relating to | ||||||
| 15 | the duty of support;
| ||||||
| 16 | (2) establishment or modification of child support;
| ||||||
| 17 | (3) determination of parentage; or
| ||||||
| 18 | (4) location of child-support obligors and their | ||||||
| 19 | income and assets.
| ||||||
| 20 | (Source: P.A. 99-85, eff. 1-1-16; 99-763, eff. 1-1-17; 99-769, | ||||||
| 21 | eff. 1-1-17; revised 9-12-16.)
| ||||||
| 22 | Section 715. The Illinois Domestic Violence Act of 1986 is | ||||||
| 23 | amended by changing Section 202 as follows:
| ||||||
| 24 | (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 202. Commencement of action; filing fees; dismissal.
| ||||||
| 2 | (a) How to commence action. Actions for orders of | ||||||
| 3 | protection are commenced:
| ||||||
| 4 | (1) Independently: By filing a petition for an order of | ||||||
| 5 | protection in
any civil court, unless specific courts are | ||||||
| 6 | designated by local rule or order.
| ||||||
| 7 | (2) In conjunction with another civil proceeding: By
| ||||||
| 8 | filing a petition for an order of protection under the same | ||||||
| 9 | case number
as another civil proceeding involving the | ||||||
| 10 | parties, including but not
limited to: (i) any proceeding | ||||||
| 11 | under the Illinois Marriage and Dissolution of
Marriage | ||||||
| 12 | Act, Illinois Parentage Act of 2015, Nonsupport of Spouse | ||||||
| 13 | and
Children Act, Revised Uniform Reciprocal Enforcement | ||||||
| 14 | of Support Act or an
action for nonsupport brought under | ||||||
| 15 | Article X 10 of the
Illinois Public Aid
Code, provided that | ||||||
| 16 | a petitioner and
the respondent are a party to or the | ||||||
| 17 | subject of that proceeding or (ii) a
guardianship | ||||||
| 18 | proceeding under the Probate Act of
1975, or a proceeding | ||||||
| 19 | for involuntary
commitment under the Mental Health and | ||||||
| 20 | Developmental Disabilities Code, or
any proceeding, other | ||||||
| 21 | than a delinquency petition, under the Juvenile Court
Act | ||||||
| 22 | of 1987, provided that a petitioner or the
respondent is a | ||||||
| 23 | party to or the subject of such proceeding.
| ||||||
| 24 | (3) In conjunction with a delinquency petition or a
| ||||||
| 25 | criminal prosecution: By filing a petition
for an order of | ||||||
| 26 | protection, under the same case number as the delinquency
| ||||||
| |||||||
| |||||||
| 1 | petition or criminal prosecution, to be
granted during | ||||||
| 2 | pre-trial release of a defendant, with any dispositional | ||||||
| 3 | order
issued under Section 5-710 of the Juvenile Court Act | ||||||
| 4 | of 1987
or as a condition of release, supervision, | ||||||
| 5 | conditional discharge,
probation, periodic imprisonment, | ||||||
| 6 | parole, aftercare release, or mandatory supervised | ||||||
| 7 | release, or
in conjunction with imprisonment or a bond | ||||||
| 8 | forfeiture warrant; provided that:
| ||||||
| 9 | (i) the violation is alleged in an information, | ||||||
| 10 | complaint, indictment
or delinquency petition on file, | ||||||
| 11 | and the alleged offender and victim are
family or | ||||||
| 12 | household members or persons protected by this Act; and
| ||||||
| 13 | (ii) the petition, which is filed by the State's | ||||||
| 14 | Attorney, names a
victim of the alleged crime as a | ||||||
| 15 | petitioner.
| ||||||
| 16 | (b) Filing, certification, and service fees. No fee shall | ||||||
| 17 | be charged
by the clerk for filing, amending, vacating, | ||||||
| 18 | certifying, or photocopying
petitions or orders; or for issuing | ||||||
| 19 | alias summons; or for any
related filing service. No
fee shall | ||||||
| 20 | be charged by the sheriff for service by the sheriff of a
| ||||||
| 21 | petition,
rule, motion, or order in an action commenced under | ||||||
| 22 | this Section.
| ||||||
| 23 | (c) Dismissal and consolidation. Withdrawal or dismissal | ||||||
| 24 | of any
petition for an order of protection prior to | ||||||
| 25 | adjudication where the
petitioner is represented by the State | ||||||
| 26 | shall operate as a dismissal without
prejudice. No action for | ||||||
| |||||||
| |||||||
| 1 | an order of protection shall be dismissed because
the | ||||||
| 2 | respondent is being prosecuted for a crime against the | ||||||
| 3 | petitioner. An
independent action may be consolidated with | ||||||
| 4 | another civil proceeding, as
provided by paragraph (2) of | ||||||
| 5 | subsection (a) of this Section. For any
action commenced under | ||||||
| 6 | paragraph (2) or (3) of subsection (a) of this Section,
| ||||||
| 7 | dismissal of the conjoined case (or a finding of not guilty) | ||||||
| 8 | shall not
require dismissal of the action
for the order of | ||||||
| 9 | protection; instead, it may be treated as an
independent action | ||||||
| 10 | and, if necessary and appropriate, transferred to a
different | ||||||
| 11 | court or division. Dismissal of any conjoined case shall not | ||||||
| 12 | affect
the
validity of any previously issued order of | ||||||
| 13 | protection, and thereafter
subsections (b)(1) and (b)(2) of | ||||||
| 14 | Section 220 shall be inapplicable to
such order.
| ||||||
| 15 | (d) Pro se petitions. The court shall provide, through the | ||||||
| 16 | office of
the clerk of the court, simplified forms and clerical | ||||||
| 17 | assistance to help
with the writing and filing of a petition | ||||||
| 18 | under this Section by any person
not represented by counsel. In | ||||||
| 19 | addition, that assistance may be provided
by the state's | ||||||
| 20 | attorney.
| ||||||
| 21 | (e)
As provided in this subsection, the administrative | ||||||
| 22 | director of the Administrative Office of the Illinois Courts, | ||||||
| 23 | with the approval of the administrative board of the courts, | ||||||
| 24 | may adopt rules to establish and implement a pilot program to | ||||||
| 25 | allow the electronic filing of petitions for temporary orders | ||||||
| 26 | of protection and the issuance of such orders by audio-visual | ||||||
| |||||||
| |||||||
| 1 | means to accommodate litigants for whom attendance in court to | ||||||
| 2 | file for and obtain emergency relief would constitute an undue | ||||||
| 3 | hardship or would constitute a risk of harm to the litigant. | ||||||
| 4 | (1) As used in this subsection: | ||||||
| 5 | (A) "Electronic means" means any method of | ||||||
| 6 | transmission of information between computers or other | ||||||
| 7 | machines designed for the purpose of sending or | ||||||
| 8 | receiving electronic transmission and that allows for | ||||||
| 9 | the recipient of information to reproduce the | ||||||
| 10 | information received in a tangible medium of | ||||||
| 11 | expression. | ||||||
| 12 | (B) "Independent audio-visual system" means an | ||||||
| 13 | electronic system for the transmission and receiving | ||||||
| 14 | of audio and visual signals, including those with the | ||||||
| 15 | means to preclude the unauthorized reception and | ||||||
| 16 | decoding of the signals by commercially available | ||||||
| 17 | television receivers, channel converters, or other | ||||||
| 18 | available receiving devices. | ||||||
| 19 | (C) "Electronic appearance" means an appearance in | ||||||
| 20 | which one or more of the parties are not present in the | ||||||
| 21 | court, but in which, by means of an independent | ||||||
| 22 | audio-visual system, all of the participants are | ||||||
| 23 | simultaneously able to see and hear reproductions of | ||||||
| 24 | the voices and images of the judge, counsel, parties, | ||||||
| 25 | witnesses, and any other participants. | ||||||
| 26 | (2) Any pilot program under this subsection (e) shall | ||||||
| |||||||
| |||||||
| 1 | be developed by the administrative director or his or her | ||||||
| 2 | delegate in consultation with at least one local | ||||||
| 3 | organization providing assistance to domestic violence | ||||||
| 4 | victims. The program plan shall include but not be limited | ||||||
| 5 | to: | ||||||
| 6 | (A) identification of agencies equipped with or | ||||||
| 7 | that have access to an independent audio-visual system | ||||||
| 8 | and electronic means for filing documents; and | ||||||
| 9 | (B) identification of one or more organizations | ||||||
| 10 | who are trained and available to assist petitioners in | ||||||
| 11 | preparing and filing petitions for temporary orders of | ||||||
| 12 | protection and in their electronic appearances before | ||||||
| 13 | the court to obtain such orders; and | ||||||
| 14 | (C) identification of the existing resources | ||||||
| 15 | available in local family courts for the | ||||||
| 16 | implementation and oversight of the pilot program; and | ||||||
| 17 | (D) procedures for filing petitions and documents | ||||||
| 18 | by electronic means, swearing in the petitioners and | ||||||
| 19 | witnesses, preparation of a transcript of testimony | ||||||
| 20 | and evidence presented, and a prompt transmission of | ||||||
| 21 | any orders issued to the parties; and | ||||||
| 22 | (E) a timeline for implementation and a plan for | ||||||
| 23 | informing the public about the availability of the | ||||||
| 24 | program; and | ||||||
| 25 | (F) a description of the data to be collected in | ||||||
| 26 | order to evaluate and make recommendations for | ||||||
| |||||||
| |||||||
| 1 | improvements to the pilot program. | ||||||
| 2 | (3) In conjunction with an electronic appearance, any | ||||||
| 3 | petitioner for an ex parte temporary order of protection | ||||||
| 4 | may, using the assistance of a trained advocate if | ||||||
| 5 | necessary, commence the proceedings by filing a petition by | ||||||
| 6 | electronic means. | ||||||
| 7 | (A) A petitioner who is seeking an ex parte | ||||||
| 8 | temporary order of protection using an electronic | ||||||
| 9 | appearance must file a petition in advance of the | ||||||
| 10 | appearance and may do so electronically. | ||||||
| 11 | (B) The petitioner must show that traveling to or | ||||||
| 12 | appearing in court would constitute an undue hardship | ||||||
| 13 | or create a risk of harm to the petitioner. In granting | ||||||
| 14 | or denying any relief sought by the petitioner, the | ||||||
| 15 | court shall state the names of all participants and | ||||||
| 16 | whether it is granting or denying an appearance by | ||||||
| 17 | electronic means and the basis for such a | ||||||
| 18 | determination. A party is not required to file a | ||||||
| 19 | petition or other document by electronic means or to | ||||||
| 20 | testify by means of an electronic appearance. | ||||||
| 21 | (C) Nothing in this subsection (e) affects or | ||||||
| 22 | changes any existing laws governing the service of | ||||||
| 23 | process, including requirements for personal service | ||||||
| 24 | or the sealing and confidentiality of court records in | ||||||
| 25 | court proceedings or access to court records by the | ||||||
| 26 | parties to the proceedings. | ||||||
| |||||||
| |||||||
| 1 | (4) Appearances. | ||||||
| 2 | (A) All electronic appearances by a petitioner | ||||||
| 3 | seeking an ex parte temporary order of protection under | ||||||
| 4 | this subsection (e) are strictly voluntary and the | ||||||
| 5 | court shall obtain the consent of the petitioner on the | ||||||
| 6 | record at the commencement of each appearance. | ||||||
| 7 | (B) Electronic appearances under this subsection | ||||||
| 8 | (e) shall be recorded and preserved for transcription. | ||||||
| 9 | Documentary evidence, if any, referred to by a party or | ||||||
| 10 | witness or the court may be transmitted and submitted | ||||||
| 11 | and introduced by electronic means. | ||||||
| 12 | (Source: P.A. 98-558, eff. 1-1-14; 99-85, eff. 1-1-16; 99-718, | ||||||
| 13 | eff. 1-1-17; revised 10-25-16.)
| ||||||
| 14 | Section 720. The Probate Act of 1975 is amended by changing | ||||||
| 15 | Section 11a-10 as follows:
| ||||||
| 16 | (755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
| ||||||
| 17 | Sec. 11a-10. Procedures preliminary to hearing.
| ||||||
| 18 | (a) Upon the filing of a petition pursuant to Section | ||||||
| 19 | 11a-8, the court shall
set a date and place for hearing to take | ||||||
| 20 | place within 30 days. The court
shall appoint a guardian ad | ||||||
| 21 | litem to report to the court concerning the
respondent's best | ||||||
| 22 | interests consistent with the provisions of this Section,
| ||||||
| 23 | except that
the appointment of a guardian ad litem shall not be | ||||||
| 24 | required when
the court determines that such appointment is not | ||||||
| |||||||
| |||||||
| 1 | necessary for the protection
of the respondent or a reasonably | ||||||
| 2 | informed decision on the petition.
If the guardian ad litem is | ||||||
| 3 | not a licensed attorney, he or she shall be
qualified,
by
| ||||||
| 4 | training or experience, to work with or advocate for persons | ||||||
| 5 | with developmental disabilities, the mentally ill, persons | ||||||
| 6 | with physical disabilities, the elderly, or persons with a | ||||||
| 7 | disability due to mental deterioration, depending on the type | ||||||
| 8 | of disability that is
alleged in the petition.
The court may | ||||||
| 9 | allow the guardian ad litem reasonable compensation. The
| ||||||
| 10 | guardian ad litem may consult with a person who by training or | ||||||
| 11 | experience is
qualified to work with persons with a | ||||||
| 12 | developmental disability, persons with
mental illness, persons | ||||||
| 13 | with physical disabilities, or persons with a disability due to
| ||||||
| 14 | mental deterioration, depending on the type of disability that | ||||||
| 15 | is alleged.
The guardian ad litem shall personally observe the | ||||||
| 16 | respondent prior to the
hearing and shall inform
him orally and | ||||||
| 17 | in writing of the contents of the petition and of his rights
| ||||||
| 18 | under Section 11a-11.
The guardian ad litem shall also attempt | ||||||
| 19 | to elicit the respondent's position
concerning the | ||||||
| 20 | adjudication of disability, the proposed guardian, a proposed
| ||||||
| 21 | change in residential placement, changes in care that might | ||||||
| 22 | result from the
guardianship, and other areas of inquiry deemed | ||||||
| 23 | appropriate by the court.
Notwithstanding any provision in the | ||||||
| 24 | Mental Health and Developmental Disabilities Confidentiality | ||||||
| 25 | Act or any other law, a guardian ad litem shall have the right | ||||||
| 26 | to inspect and copy any medical or mental health record of the | ||||||
| |||||||
| |||||||
| 1 | respondent which the guardian ad litem deems necessary, | ||||||
| 2 | provided that the information so disclosed shall not be | ||||||
| 3 | utilized for any other purpose nor be redisclosed except in | ||||||
| 4 | connection with the proceedings. At or before the hearing, the | ||||||
| 5 | guardian ad litem shall file a written report
detailing his or | ||||||
| 6 | her observations of the respondent, the responses of the
| ||||||
| 7 | respondent to any of the inquiries detailed in this Section, | ||||||
| 8 | the opinion of the
guardian
ad litem or other professionals | ||||||
| 9 | with whom the guardian ad litem consulted
concerning the | ||||||
| 10 | appropriateness of guardianship, and any other material issue
| ||||||
| 11 | discovered by the guardian ad litem. The guardian ad litem | ||||||
| 12 | shall appear at the
hearing and testify as to any issues | ||||||
| 13 | presented in his or her report.
| ||||||
| 14 | (b) The court (1) may appoint counsel for the respondent, | ||||||
| 15 | if the court finds
that the interests of the respondent will be | ||||||
| 16 | best served by the appointment,
and (2) shall appoint counsel | ||||||
| 17 | upon respondent's request or if the respondent
takes a position | ||||||
| 18 | adverse to that of the guardian ad litem. The respondent
shall | ||||||
| 19 | be permitted to obtain the appointment of counsel either at the | ||||||
| 20 | hearing
or by any written or oral request communicated to the | ||||||
| 21 | court prior to the
hearing. The summons shall inform the | ||||||
| 22 | respondent of this right to obtain
appointed counsel. The court | ||||||
| 23 | may allow counsel for the respondent reasonable
compensation.
| ||||||
| 24 | (c) If the respondent is unable to pay the fee of the | ||||||
| 25 | guardian ad litem or
appointed counsel, or both, the court may | ||||||
| 26 | enter an order for
the petitioner to
pay all
such
fees or such | ||||||
| |||||||
| |||||||
| 1 | amounts as the respondent or the respondent's estate may be | ||||||
| 2 | unable
to pay.
However, in cases where the Office of State | ||||||
| 3 | Guardian is the petitioner,
consistent with Section 30 of the | ||||||
| 4 | Guardianship and Advocacy Act, where the public guardian is the | ||||||
| 5 | petitioner, consistent with Section 13-5 of this Act,
where an | ||||||
| 6 | adult protective services agency is the petitioner, pursuant to
| ||||||
| 7 | Section 9 of the Adult Protective Services Act, or where the | ||||||
| 8 | Department of Children and Family Services is the petitioner | ||||||
| 9 | under subparagraph (d) of subsection (1) of Section 2-27 of the | ||||||
| 10 | Juvenile Court Act of 1987, no guardian ad litem or legal fees | ||||||
| 11 | shall be assessed against the Office of
State Guardian, the | ||||||
| 12 | public guardian, the adult protective services agency, or the | ||||||
| 13 | Department of Children and Family Services.
| ||||||
| 14 | (d) The hearing may be held at such convenient place as the | ||||||
| 15 | court directs,
including at a facility in which the respondent | ||||||
| 16 | resides.
| ||||||
| 17 | (e) Unless he is the petitioner, the respondent shall be | ||||||
| 18 | personally
served with a copy of the petition and a summons not | ||||||
| 19 | less than 14 days
before the hearing.
The summons shall be | ||||||
| 20 | printed in large, bold type and shall include the
following | ||||||
| 21 | notice:
| ||||||
| 22 | NOTICE OF RIGHTS OF RESPONDENT
| ||||||
| 23 | You have been named as a respondent in a guardianship | ||||||
| 24 | petition asking that
you be declared a person with a | ||||||
| 25 | disability. If the court grants the petition, a
guardian will | ||||||
| 26 | be appointed for you. A copy of the guardianship petition is
| ||||||
| |||||||
| |||||||
| 1 | attached for your convenience.
| ||||||
| 2 | The date and time of the hearing are:
| ||||||
| 3 | The place where the hearing will occur is:
| ||||||
| 4 | The Judge's name and phone number is:
| ||||||
| 5 | If a guardian is appointed for you, the guardian may be | ||||||
| 6 | given the right to
make all
important personal decisions for | ||||||
| 7 | you, such as where you may live, what medical
treatment you may | ||||||
| 8 | receive, what places you may visit, and who may visit you. A
| ||||||
| 9 | guardian may also be given the right to control and manage your | ||||||
| 10 | money and other
property, including your home, if you own one. | ||||||
| 11 | You may lose the right to make
these decisions for yourself.
| ||||||
| 12 | You have the following legal rights:
| ||||||
| 13 | (1) You have the right to be present at the court | ||||||
| 14 | hearing.
| ||||||
| 15 | (2) You have the right to be represented by a lawyer, | ||||||
| 16 | either one that you
retain, or one appointed by the Judge.
| ||||||
| 17 | (3) You have the right to ask for a jury of six persons | ||||||
| 18 | to hear your case.
| ||||||
| 19 | (4) You have the right to present evidence to the court | ||||||
| 20 | and to confront
and
cross-examine witnesses.
| ||||||
| 21 | (5) You have the right to ask the Judge to appoint an | ||||||
| 22 | independent expert
to examine you and give an opinion about | ||||||
| 23 | your need for a guardian.
| ||||||
| 24 | (6) You have the right to ask that the court hearing be | ||||||
| 25 | closed to the
public.
| ||||||
| 26 | (7) You have the right to tell the court whom you | ||||||
| |||||||
| |||||||
| 1 | prefer to have for your
guardian.
| ||||||
| 2 | You do not have to attend the court hearing if you do not | ||||||
| 3 | want to be there.
If you do not attend, the Judge may appoint a | ||||||
| 4 | guardian if the Judge finds that
a guardian would be of benefit | ||||||
| 5 | to you. The hearing will not be postponed or
canceled if you do | ||||||
| 6 | not attend.
| ||||||
| 7 | IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO | ||||||
| 8 | NOT WANT A
GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE | ||||||
| 9 | PERSON NAMED IN THE GUARDIANSHIP
PETITION TO BE YOUR GUARDIAN. | ||||||
| 10 | IF YOU DO NOT WANT A GUARDIAN OR OF IF YOU HAVE ANY
OTHER | ||||||
| 11 | PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND | ||||||
| 12 | TELL THE
JUDGE.
| ||||||
| 13 | Service of summons and the petition may be made by a | ||||||
| 14 | private person 18
years
of
age or over who is not a party to the | ||||||
| 15 | action.
| ||||||
| 16 | (f) Notice of the time and place of the hearing shall be | ||||||
| 17 | given by the
petitioner by mail or in person to those persons, | ||||||
| 18 | including the proposed
guardian, whose names and addresses
| ||||||
| 19 | appear in the petition and who do not waive notice, not less | ||||||
| 20 | than 14 days
before the hearing.
| ||||||
| 21 | (Source: P.A. 98-49, eff. 7-1-13; 98-89, eff. 7-15-13; 98-756, | ||||||
| 22 | eff. 7-16-14; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16; | ||||||
| 23 | revised 10-27-16.)
| ||||||
| 24 | Section 725. The Uniform Real Property Electronic | ||||||
| 25 | Recording Act is amended by changing Section 5 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (765 ILCS 33/5) | ||||||
| 2 | Sec. 5. Administration and standards. | ||||||
| 3 | (a) To adopt standards to implement this Act, there is | ||||||
| 4 | established, within the Office of the Secretary of State, the | ||||||
| 5 | Illinois Electronic Recording Commission consisting of 17 | ||||||
| 6 | commissioners as follows: | ||||||
| 7 | (1) The Secretary of State or the Secretary's designee | ||||||
| 8 | shall be a permanent commissioner. | ||||||
| 9 | (2) The Secretary of State shall appoint the following | ||||||
| 10 | additional 16 commissioners: | ||||||
| 11 | (A) Three who are from the land title profession. | ||||||
| 12 | (B) Three who are from lending institutions. | ||||||
| 13 | (C) One who is an attorney. | ||||||
| 14 | (D) Seven who are county recorders, no more than 4 | ||||||
| 15 | of whom are from one political party, representative of | ||||||
| 16 | counties of varying size, geography, population, and | ||||||
| 17 | resources. | ||||||
| 18 | (E) Two who are licensed real estate brokers or | ||||||
| 19 | managing brokers under the Real Estate License Act of | ||||||
| 20 | 2000. | ||||||
| 21 | (3) On August 27, 2007 (the effective date of this | ||||||
| 22 | Act), the Secretary of State or the Secretary's designee | ||||||
| 23 | shall become the Acting Chairperson of the Commission. The | ||||||
| 24 | Secretary shall appoint the initial commissioners within | ||||||
| 25 | 60 days and hold the first meeting of the Commission within | ||||||
| |||||||
| |||||||
| 1 | 120 days, notifying commissioners of the time and place of | ||||||
| 2 | the first meeting with at least 14 days' notice.
At its | ||||||
| 3 | first meeting the Commission shall adopt, by a majority | ||||||
| 4 | vote, such rules and structure that it deems necessary to | ||||||
| 5 | govern its operations, including the title, | ||||||
| 6 | responsibilities, and election of officers. Once adopted, | ||||||
| 7 | the rules and structure may be altered or amended by the | ||||||
| 8 | Commission by majority vote. Upon the election of officers | ||||||
| 9 | and adoption of rules or bylaws, the duties of the Acting | ||||||
| 10 | Chairperson shall cease. | ||||||
| 11 | (4) The Commission shall meet at least once every year | ||||||
| 12 | within the State of Illinois. The time and place of | ||||||
| 13 | meetings to be determined by the Chairperson and approved | ||||||
| 14 | by a majority of the Commission. | ||||||
| 15 | (5) Nine commissioners shall constitute a quorum. | ||||||
| 16 | (6) Commissioners shall receive no compensation for | ||||||
| 17 | their services but may be reimbursed for reasonable | ||||||
| 18 | expenses at current rates in effect at the Office of the | ||||||
| 19 | Secretary of State, directly related to their duties as | ||||||
| 20 | commissioners and participation at Commission meetings or | ||||||
| 21 | while on business or at meetings which have been authorized | ||||||
| 22 | by the Commission. | ||||||
| 23 | (7) Appointed commissioners shall serve terms of 3 | ||||||
| 24 | years, which shall expire on December 1st. Five of the | ||||||
| 25 | initially appointed commissioners, including at least 2 | ||||||
| 26 | county recorders, shall serve terms of one year, 5 of the | ||||||
| |||||||
| |||||||
| 1 | initially appointed commissioners, including at least 2 | ||||||
| 2 | county recorders, shall serve terms of 2 years, and 4 of | ||||||
| 3 | the initially appointed commissioners shall serve terms of | ||||||
| 4 | 3 years, to be determined by lot. Of the commissioners | ||||||
| 5 | appointed under subparagraph (E) of paragraph (2) of this | ||||||
| 6 | subsection, one of the initially appointed commissioners | ||||||
| 7 | shall serve a term of 2 years and one of the initially | ||||||
| 8 | appointed commissioners shall serve a term of 3 years, to | ||||||
| 9 | be determined by lot. The calculation of the terms in | ||||||
| 10 | office of the initially appointed commissioners shall | ||||||
| 11 | begin on the first December 1st after the commissioners | ||||||
| 12 | have served at least 6 months in office. | ||||||
| 13 | (8) The Chairperson shall declare a commissioner's | ||||||
| 14 | office vacant immediately after receipt of a written | ||||||
| 15 | resignation, death, a recorder commissioner no longer | ||||||
| 16 | holding the public office, or under other circumstances | ||||||
| 17 | specified within the rules adopted by the Commission, which | ||||||
| 18 | shall also by rule specify how and by what deadlines a | ||||||
| 19 | replacement is to be appointed. | ||||||
| 20 | (b) (Blank). | ||||||
| 21 | (c) The Commission shall adopt and transmit to the | ||||||
| 22 | Secretary of State standards to implement this Act and shall be | ||||||
| 23 | the exclusive entity to set standards for counties to engage in | ||||||
| 24 | electronic recording in the State of Illinois. | ||||||
| 25 | (d) To keep the standards and practices of county recorders | ||||||
| 26 | in this State in harmony with the standards and practices of | ||||||
| |||||||
| |||||||
| 1 | recording offices in other jurisdictions that enact | ||||||
| 2 | substantially this Act and to keep the technology used by | ||||||
| 3 | county recorders in this State compatible with technology used | ||||||
| 4 | by recording offices in other jurisdictions that enact | ||||||
| 5 | substantially this Act, the Commission, so far as is consistent | ||||||
| 6 | with the purposes, policies, and provisions of this Act, in | ||||||
| 7 | adopting, amending, and repealing standards shall consider: | ||||||
| 8 | (1) standards and practices of other jurisdictions; | ||||||
| 9 | (2) the most recent standards promulgated by national | ||||||
| 10 | standard-setting bodies, such as the Property Records | ||||||
| 11 | Industry Association; | ||||||
| 12 | (3) the views of interested persons and governmental | ||||||
| 13 | officials and entities; | ||||||
| 14 | (4) the needs of counties of varying size, population, | ||||||
| 15 | and resources; and | ||||||
| 16 | (5) standards requiring adequate information security | ||||||
| 17 | protection to ensure that electronic documents are | ||||||
| 18 | accurate, authentic, adequately preserved, and resistant | ||||||
| 19 | to tampering. | ||||||
| 20 | (e) The Commission shall review the statutes related to | ||||||
| 21 | real property and the statutes related to recording real | ||||||
| 22 | property documents and shall recommend to the General Assembly | ||||||
| 23 | any changes in the statutes that the Commission deems necessary | ||||||
| 24 | or advisable. | ||||||
| 25 | (f) Funding. The Secretary of State may accept for the | ||||||
| 26 | Commission, for any of its purposes and functions, donations, | ||||||
| |||||||
| |||||||
| 1 | gifts, grants, and appropriations of money, equipment, | ||||||
| 2 | supplies, materials, and services from the federal government, | ||||||
| 3 | the State or any of its departments or agencies, a county or | ||||||
| 4 | municipality, or from any institution, person, firm, or | ||||||
| 5 | corporation. The Commission may authorize a fee payable by | ||||||
| 6 | counties engaged in electronic recording to fund its expenses. | ||||||
| 7 | Any fee shall be proportional based on county population or | ||||||
| 8 | number of documents recorded annually. On approval by a county | ||||||
| 9 | recorder of the form and amount, a county board may authorize | ||||||
| 10 | payment of any fee out of the special fund it has created to | ||||||
| 11 | fund document storage and electronic retrieval, as authorized | ||||||
| 12 | in Section 3-5018 of the Counties Code. Any funds received by | ||||||
| 13 | the Office of the Secretary of State for the Commission shall | ||||||
| 14 | be used entirely for expenses approved by and for the use of | ||||||
| 15 | the Commission. | ||||||
| 16 | (g) The Secretary of State shall provide administrative | ||||||
| 17 | support to the Commission, including the preparation of the | ||||||
| 18 | agenda and minutes for Commission meetings, distribution of | ||||||
| 19 | notices and proposed rules to commissioners, payment of bills | ||||||
| 20 | and reimbursement for expenses of commissioners. | ||||||
| 21 | (h) Standards and rules adopted by the Commission shall be | ||||||
| 22 | delivered to the Secretary of State. Within 60 days, the | ||||||
| 23 | Secretary shall either promulgate by rule the standards | ||||||
| 24 | adopted, amended, or repealed or return them to the Commission, | ||||||
| 25 | with findings, for changes. The Commission may override the | ||||||
| 26 | Secretary by a three-fifths vote, in which case the Secretary | ||||||
| |||||||
| |||||||
| 1 | shall publish the Commission's standards.
| ||||||
| 2 | (Source: P.A. 99-662, eff. 1-1-17; revised 10-27-16.)
| ||||||
| 3 | Section 730. The Common Interest Community Association Act | ||||||
| 4 | is amended by changing Section 1-90 as follows:
| ||||||
| 5 | (765 ILCS 160/1-90) | ||||||
| 6 | (Section scheduled to be repealed on July 1, 2022) | ||||||
| 7 | Sec. 1-90. Compliance with the Condominium and Common | ||||||
| 8 | Interest Community Ombudsperson Act. Every common interest | ||||||
| 9 | community association, except for those exempt from this Act | ||||||
| 10 | under Section 1-75, must comply with the Condominium and Common | ||||||
| 11 | Community Interest Community Ombudsperson Act and is subject to | ||||||
| 12 | all provisions of the Condominium and Common Community Interest | ||||||
| 13 | Community Ombudsperson Act. This Section is repealed July 1, | ||||||
| 14 | 2022.
| ||||||
| 15 | (Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A. | ||||||
| 16 | 99-776 for effective date of P.A. 98-1135); 99-776, eff. | ||||||
| 17 | 8-12-16; revised 10-27-16.)
| ||||||
| 18 | Section 735. The Condominium Property Act is amended by | ||||||
| 19 | changing Section 27 as follows:
| ||||||
| 20 | (765 ILCS 605/27) (from Ch. 30, par. 327)
| ||||||
| 21 | Sec. 27. Amendments. | ||||||
| 22 | (a) If there is any unit owner other than the developer, | ||||||
| |||||||
| |||||||
| 1 | and unless otherwise provided in this Act,
the condominium | ||||||
| 2 | instruments shall be amended only as follows: | ||||||
| 3 | (i) upon the
affirmative vote of 2/3 of those voting or | ||||||
| 4 | upon the majority
specified by the condominium | ||||||
| 5 | instruments, provided that in no event shall the | ||||||
| 6 | condominium instruments require more than a three-quarters | ||||||
| 7 | vote of all unit owners; and
| ||||||
| 8 | (ii) with the
approval of, or notice to, any mortgagees | ||||||
| 9 | or other lienholders of record, if required under the | ||||||
| 10 | provisions of
the condominium instruments.
| ||||||
| 11 | (b)(1) If there is an omission, error, or inconsistency in | ||||||
| 12 | a condominium instrument, such that a provision of a | ||||||
| 13 | condominium instrument does not conform to this Act or to | ||||||
| 14 | another applicable statute, the association may correct the | ||||||
| 15 | omission, error, or inconsistency to conform the condominium | ||||||
| 16 | instrument to this Act or to another applicable statute by an | ||||||
| 17 | amendment adopted by vote of two-thirds of the Board of | ||||||
| 18 | Managers, without a unit owner vote. A provision in a | ||||||
| 19 | condominium instrument requiring or allowing unit owners, | ||||||
| 20 | mortgagees, or other lienholders of record to vote to approve | ||||||
| 21 | an amendment to a condominium instrument, or for the mortgagees | ||||||
| 22 | or other lienholders of record to be given notice of an | ||||||
| 23 | amendment to a condominium instrument, is not applicable to an | ||||||
| 24 | amendment to the extent that the amendment corrects an | ||||||
| 25 | omission, error, or inconsistency to conform the condominium | ||||||
| 26 | instrument to this Act or to another applicable statute.
| ||||||
| |||||||
| |||||||
| 1 | (2) If through a scrivener's error, a unit has not been
| ||||||
| 2 | designated as owning an appropriate undivided share of the | ||||||
| 3 | common elements
or does not bear an appropriate share of the | ||||||
| 4 | common expenses or that all
the common expenses or all of the | ||||||
| 5 | common elements in the condominium have
not been distributed in | ||||||
| 6 | the declaration, so that the sum total of the shares
of common | ||||||
| 7 | elements which have been distributed or the sum total of the | ||||||
| 8 | shares
of the common expenses fail to equal 100%, or if it | ||||||
| 9 | appears that more than
100% of the common elements or common | ||||||
| 10 | expenses have been distributed, the
error may be corrected by | ||||||
| 11 | operation of law by filing an amendment to the
declaration | ||||||
| 12 | approved by vote of two-thirds of the members of the Board
of | ||||||
| 13 | Managers or a majority vote of the unit owners at a meeting | ||||||
| 14 | called for
this purpose which proportionately adjusts all | ||||||
| 15 | percentage interests so that
the total is equal to 100% unless | ||||||
| 16 | the condominium instruments specifically
provide for a | ||||||
| 17 | different procedure or different percentage vote by the owners
| ||||||
| 18 | of the units and the owners of mortgages thereon affected by | ||||||
| 19 | modification
being made in the undivided interest in the common | ||||||
| 20 | elements, the number
of votes in the unit owners association or | ||||||
| 21 | the liability for common expenses
appertaining to the unit.
| ||||||
| 22 | (3) If an omission or error or a scrivener's error in the | ||||||
| 23 | declaration,
bylaws or other condominium instrument is | ||||||
| 24 | corrected by vote of
two-thirds of the members of the
Board of | ||||||
| 25 | Managers pursuant to the authority established in subsections | ||||||
| 26 | (b)(1)
or (b)(2) of this Section 27 of this Act, the Board upon | ||||||
| |||||||
| |||||||
| 1 | written petition by
unit owners with 20 percent of the votes of | ||||||
| 2 | the association filed within
30 days of the Board action shall | ||||||
| 3 | call a meeting of the unit owners within
30 days of the filing | ||||||
| 4 | of the petition to consider the Board action. Unless
a majority | ||||||
| 5 | of the votes of the unit owners of the association are cast at | ||||||
| 6 | the
meeting to reject the action, it is ratified whether or not | ||||||
| 7 | a quorum is present.
| ||||||
| 8 | (4) The procedures for amendments set forth in this | ||||||
| 9 | subsection (b) cannot be
used if such an amendment would | ||||||
| 10 | materially or adversely affect property
rights of the unit | ||||||
| 11 | owners unless the affected unit owners consent in writing.
This | ||||||
| 12 | Section does not restrict the powers of the association to | ||||||
| 13 | otherwise
amend the declaration, bylaws, or other condominium | ||||||
| 14 | instruments, but authorizes
a simple process of amendment | ||||||
| 15 | requiring a lesser vote for the purpose of
correcting defects, | ||||||
| 16 | errors, or omissions when the property rights of the
unit | ||||||
| 17 | owners are not materially or adversely affected.
| ||||||
| 18 | (5) If there is an omission or error in the declaration, | ||||||
| 19 | bylaws, or other
condominium instruments, which may not be | ||||||
| 20 | corrected by an amendment procedure
set forth in paragraphs (1) | ||||||
| 21 | and (2) of this subsection (b) of Section 27 in the
declaration | ||||||
| 22 | then the Circuit Court in the County in which the condominium
| ||||||
| 23 | is located shall have jurisdiction to hear a petition of one or | ||||||
| 24 | more of the
unit owners thereon or of the association, to | ||||||
| 25 | correct the error or omission,
and the action may be a class | ||||||
| 26 | action. The court may require that one or
more methods of | ||||||
| |||||||
| |||||||
| 1 | correcting the error or omission be submitted to the unit
| ||||||
| 2 | owners to determine the most acceptable correction. All unit | ||||||
| 3 | owners in the
association must be joined as parties to the | ||||||
| 4 | action. Service of process on
owners may be by publication, but | ||||||
| 5 | the plaintiff shall furnish all unit
owners not personally | ||||||
| 6 | served with process with copies of the petition and
final | ||||||
| 7 | judgment of the court by certified mail return receipt | ||||||
| 8 | requested, at
their last known address.
| ||||||
| 9 | (6) Nothing contained in this Section shall be construed to | ||||||
| 10 | invalidate
any provision of a condominium instrument | ||||||
| 11 | authorizing the developer to amend
a condominium instrument | ||||||
| 12 | prior to the latest date on which the initial
membership | ||||||
| 13 | meeting of the unit owners must be held, whether or not nor it | ||||||
| 14 | has
actually been held, to bring the instrument into compliance | ||||||
| 15 | with the legal
requirements of the Federal National Mortgage | ||||||
| 16 | Association, the Federal Home
Loan Mortgage Corporation, the | ||||||
| 17 | Federal Housing Administration, the United
States Veterans | ||||||
| 18 | Administration or their respective successors and assigns.
| ||||||
| 19 | (Source: P.A. 98-282, eff. 1-1-14; 99-472, eff. 6-1-16; revised | ||||||
| 20 | 9-1-16.)
| ||||||
| 21 | Section 740. The Condominium and Common Interest Community | ||||||
| 22 | Ombudsperson Act is amended by changing Section 50 as follows:
| ||||||
| 23 | (765 ILCS 615/50)
| ||||||
| 24 | (Section scheduled to be repealed on July 1, 2022) | ||||||
| |||||||
| |||||||
| 1 | Sec. 50. Reports.
(a) The Department shall submit an annual | ||||||
| 2 | written report on the activities of the Office to the General | ||||||
| 3 | Assembly. The Department shall submit the first report no later | ||||||
| 4 | than July 1, 2018. Beginning in 2019, the Department shall | ||||||
| 5 | submit the report no later than October 1 of each year. The | ||||||
| 6 | report shall include all of the following:
| ||||||
| 7 | (1) annual workload and performance data, including | ||||||
| 8 | (i) the number of requests for information; (ii) training, | ||||||
| 9 | education, or other information provided; (iii) the manner | ||||||
| 10 | in which education and training was conducted; and (iv) the | ||||||
| 11 | staff time required to provide the training, education, or | ||||||
| 12 | other information. For each category of data, the report | ||||||
| 13 | shall provide subtotals based on the type of question or | ||||||
| 14 | dispute involved in the request; and
| ||||||
| 15 | (2) where relevant information is available, analysis | ||||||
| 16 | of the most common and serious types of concerns within | ||||||
| 17 | condominiums and common interest communities, along with | ||||||
| 18 | any recommendations for statutory reform to reduce the | ||||||
| 19 | frequency or severity of those disputes.
| ||||||
| 20 | (Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A. | ||||||
| 21 | 99-776 for effective date of P.A. 98-1135); 99-776, eff. | ||||||
| 22 | 8-12-16; revised 10-25-16.)
| ||||||
| 23 | Section 745. The Uniform Disposition of Unclaimed Property | ||||||
| 24 | Act is amended by changing Section 8.1 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (765 ILCS 1025/8.1) (from Ch. 141, par. 108.1)
| ||||||
| 2 | Sec. 8.1. Property held by governments.
| ||||||
| 3 | (a) All tangible personal property or intangible personal | ||||||
| 4 | property and all
debts owed or entrusted funds or other | ||||||
| 5 | property held by any federal, state or
local government or | ||||||
| 6 | governmental subdivision, agency, entity, officer or
appointee | ||||||
| 7 | thereof, shall be presumed abandoned if the property has | ||||||
| 8 | remained
unclaimed for 5 years, except as provided in | ||||||
| 9 | subsection (c).
| ||||||
| 10 | (b) This Section applies to all abandoned property held by | ||||||
| 11 | any federal,
state or local government or governmental | ||||||
| 12 | subdivision, agency, entity, officer
or appointee thereof, on | ||||||
| 13 | September 3, 1991 (the effective date of Public Act 87-206) | ||||||
| 14 | this amendatory Act of 1991 or
at any time thereafter, | ||||||
| 15 | regardless of when the property became or becomes
presumptively | ||||||
| 16 | abandoned.
| ||||||
| 17 | (c) United States savings bonds. | ||||||
| 18 | (1) As used in this subsection, "United States savings | ||||||
| 19 | bond" means property, tangible or intangible, in the form | ||||||
| 20 | of a savings bond issued by the United States Treasury, | ||||||
| 21 | whether in paper, electronic, or paperless form, along with | ||||||
| 22 | all proceeds thereof in the possession of the State | ||||||
| 23 | Treasurer. | ||||||
| 24 | (2) Notwithstanding any provision of this Act to the | ||||||
| 25 | contrary, a United States savings bond subject to this | ||||||
| 26 | Section or held or owing in this State by any person shall | ||||||
| |||||||
| |||||||
| 1 | be presumed abandoned when such bond has remained unclaimed | ||||||
| 2 | and unredeemed for 5 years after its date of final extended | ||||||
| 3 | maturity. | ||||||
| 4 | (3) United States savings bonds that are presumed | ||||||
| 5 | abandoned and unclaimed under paragraph (2) shall escheat | ||||||
| 6 | to the State of Illinois and all property rights and legal | ||||||
| 7 | title to and ownership of the United States savings bonds, | ||||||
| 8 | or proceeds from the bonds, including all rights, powers, | ||||||
| 9 | and privileges of survivorship of any owner, co-owner, or | ||||||
| 10 | beneficiary, shall vest solely in the State according to | ||||||
| 11 | the procedure set forth in paragraphs (4) through (6). | ||||||
| 12 | (4) Within 180 days after a United States savings bond | ||||||
| 13 | has been presumed abandoned, in the absence of a claim | ||||||
| 14 | having been filed with the State Treasurer for the savings | ||||||
| 15 | bond, the State Treasurer shall commence a civil action in | ||||||
| 16 | the Circuit Court of Sangamon County for a determination | ||||||
| 17 | that the United States savings bond bonds has escheated to | ||||||
| 18 | the State. The State Treasurer may postpone the bringing of | ||||||
| 19 | the action until sufficient United States savings bonds | ||||||
| 20 | have accumulated in the State Treasurer's custody to | ||||||
| 21 | justify the expense of the proceedings. | ||||||
| 22 | (5) The State Treasurer shall make service by | ||||||
| 23 | publication in the civil action in accordance with Sections | ||||||
| 24 | 2-206 and 2-207 of the Code of Civil Procedure, which shall | ||||||
| 25 | include the filing with the Circuit Court of Sangamon | ||||||
| 26 | County of the affidavit required in Section 2-206 of that | ||||||
| |||||||
| |||||||
| 1 | Code by an employee of the State Treasurer with personal | ||||||
| 2 | knowledge of the efforts made to contact the owners of | ||||||
| 3 | United States savings bonds presumed abandoned under this | ||||||
| 4 | Section. In addition to the diligent inquiries made | ||||||
| 5 | pursuant to Section 2-206 of the Code of Civil Procedure, | ||||||
| 6 | the State Treasurer may also utilize additional | ||||||
| 7 | discretionary means to attempt to provide notice to persons | ||||||
| 8 | who may own a United States savings bond registered to a | ||||||
| 9 | person with a last known address in the State of Illinois | ||||||
| 10 | subject to a civil action pursuant to paragraph (4). | ||||||
| 11 | (6) The owner of a United States savings bond | ||||||
| 12 | registered to a person with a last known address in the | ||||||
| 13 | State of Illinois subject to a civil action pursuant to | ||||||
| 14 | paragraph (4) may file a claim for such United States | ||||||
| 15 | savings bond with either the State Treasurer or by filing a | ||||||
| 16 | claim in the civil action in the Circuit Court of Sangamon | ||||||
| 17 | County in which the savings bond registered to that person | ||||||
| 18 | is at issue prior to the entry of a final judgment by the | ||||||
| 19 | Circuit Court pursuant to this subsection, and unless the | ||||||
| 20 | Circuit Court determines that such United States savings | ||||||
| 21 | bond is not owned by the claimant, then such United States | ||||||
| 22 | savings bond shall no longer be presumed abandoned. If no | ||||||
| 23 | person files a claim or appears at the hearing to | ||||||
| 24 | substantiate a disputed claim or if the court determines | ||||||
| 25 | that a claimant is not entitled to the property claimed by | ||||||
| 26 | the claimant, then the court, if satisfied by evidence that | ||||||
| |||||||
| |||||||
| 1 | the State Treasurer has substantially complied with the | ||||||
| 2 | laws of this State, shall enter a judgment that the United | ||||||
| 3 | States savings bonds have escheated to this State, and all | ||||||
| 4 | property rights and legal title to and ownership of such | ||||||
| 5 | United States savings bonds or proceeds from such bonds, | ||||||
| 6 | including all rights, powers, and privileges of | ||||||
| 7 | survivorship of any owner, co-owner, or beneficiary, shall | ||||||
| 8 | vest in this State. | ||||||
| 9 | (7) The State Treasurer shall redeem from the Bureau of | ||||||
| 10 | the Fiscal Service of the United States Treasury the United | ||||||
| 11 | States savings bonds escheated to the State and deposit the | ||||||
| 12 | proceeds from the redemption of United States savings bonds | ||||||
| 13 | into the Unclaimed Property Trust Fund. | ||||||
| 14 | (8) Any person making a claim for the United States | ||||||
| 15 | savings bonds escheated to the State under this subsection, | ||||||
| 16 | or for the proceeds from such bonds, may file a claim with | ||||||
| 17 | the State Treasurer. Upon providing sufficient proof of the | ||||||
| 18 | validity of such person's claim, the State Treasurer may, | ||||||
| 19 | in his or her sole discretion, pay such claim. If payment | ||||||
| 20 | has been made to any claimant, no action thereafter shall | ||||||
| 21 | be maintained by any other claimant against the State or | ||||||
| 22 | any officer thereof for or on account of such funds. | ||||||
| 23 | (Source: P.A. 99-556, eff. 1-1-17; 99-577, eff. 1-1-17; revised | ||||||
| 24 | 9-15-16.)
| ||||||
| 25 | Section 750. The Illinois Human Rights Act is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Section 4-104 as follows:
| ||||||
| 2 | (775 ILCS 5/4-104) (from Ch. 68, par. 4-104)
| ||||||
| 3 | Sec. 4-104. Exemptions. ) Nothing contained in this Article | ||||||
| 4 | shall
prohibit:
| ||||||
| 5 | (A) Sound Underwriting Practices. A financial | ||||||
| 6 | institution from
considering sound underwriting practices | ||||||
| 7 | in contemplation of any loan to
any person. Such practices | ||||||
| 8 | shall include:
| ||||||
| 9 | (1) The willingness and the financial ability of | ||||||
| 10 | the borrower to
repay the loan.
| ||||||
| 11 | (2) The market value of any real estate or other | ||||||
| 12 | item of property
proposed as security for any loan.
| ||||||
| 13 | (3) Diversification of the financial institution's | ||||||
| 14 | investment
portfolio.
| ||||||
| 15 | (B) Credit-worthiness Information; Credit Systems. A | ||||||
| 16 | financial
institution or a person who offers credit cards | ||||||
| 17 | from:
| ||||||
| 18 | (1) making an inquiry of the applicant's age, | ||||||
| 19 | permanent residence,
immigration status, or any | ||||||
| 20 | additional information if such inquiry is for
the | ||||||
| 21 | purpose of determining the amount and probable | ||||||
| 22 | continuance of income
levels, credit history, or other | ||||||
| 23 | pertinent element of credit-worthiness
as provided in | ||||||
| 24 | regulations of the Department;
| ||||||
| 25 | (2) using any empirically derived credit system | ||||||
| |||||||
| |||||||
| 1 | which considers age
if such system is demonstrably and | ||||||
| 2 | statistically sound in accordance
with regulations of | ||||||
| 3 | the Department, except that in the operation of such
| ||||||
| 4 | system the age of an applicant over the age of 62 years
| ||||||
| 5 | may not be assigned a negative
factor or value.
| ||||||
| 6 | (C) Special Credit Programs. A financial institution | ||||||
| 7 | from refusing
to extend credit when required to by or | ||||||
| 8 | pursuant to any:
| ||||||
| 9 | (1) credit assistance program expressly authorized | ||||||
| 10 | by law for an
economically disadvantaged class of | ||||||
| 11 | persons;
| ||||||
| 12 | (2) credit assistance program administered by a | ||||||
| 13 | nonprofit
organization for its members of an | ||||||
| 14 | economically disadvantaged class of
persons;
| ||||||
| 15 | (3) special purpose credit program offered by a | ||||||
| 16 | profit-making
organization to meet special social | ||||||
| 17 | needs which meets standards prescribed
by the | ||||||
| 18 | Department in its regulations.
| ||||||
| 19 | (Source: P.A. 81-1267; revised 9-1-16.)
| ||||||
| 20 | Section 755. The Professional Service Corporation Act is | ||||||
| 21 | amended by changing Section 3.1 as follows:
| ||||||
| 22 | (805 ILCS 10/3.1) (from Ch. 32, par. 415-3.1)
| ||||||
| 23 | Sec. 3.1.
"Ancillary personnel" means such persons person | ||||||
| 24 | acting in their customary
capacities, employed by those | ||||||
| |||||||
| |||||||
| 1 | rendering a professional service who:
| ||||||
| 2 | (1) are Are not licensed to engage in the category of | ||||||
| 3 | professional service
for which a professional corporation | ||||||
| 4 | was formed; and
| ||||||
| 5 | (2) work Work at the direction or under the supervision | ||||||
| 6 | of those who are so
licensed; and
| ||||||
| 7 | (3) do Do not hold themselves out to the public | ||||||
| 8 | generally as being
authorized to engage in the practice of | ||||||
| 9 | the profession for which the
corporation is licensed; and
| ||||||
| 10 | (4) are Are not prohibited by the regulating authority, | ||||||
| 11 | regulating the
category of professional service rendered | ||||||
| 12 | by the corporation from being so
employed and includes | ||||||
| 13 | clerks, secretaries, technicians and other assistants
who | ||||||
| 14 | are not usually and ordinarily considered by custom and | ||||||
| 15 | practice to be
rendering the professional services for | ||||||
| 16 | which the corporation was formed.
| ||||||
| 17 | (Source: P.A. 99-227, eff. 8-3-15; revised 10-26-16.)
| ||||||
| 18 | Section 760. The Medical Corporation Act is amended by | ||||||
| 19 | changing Section 18 as follows:
| ||||||
| 20 | (805 ILCS 15/18) (from Ch. 32, par. 648)
| ||||||
| 21 | Sec. 18. Illinois Administrative Procedure Act. The | ||||||
| 22 | Illinois Administrative Procedure
Act is expressly adopted and | ||||||
| 23 | incorporated herein as if all of the provisions of
that Act | ||||||
| 24 | were included in this Act, except that the provision of | ||||||
| |||||||
| |||||||
| 1 | subsection (d)
of Section 10-65 of the Illinois Administrative | ||||||
| 2 | Procedure Act, which provides
that at hearings the licensee has | ||||||
| 3 | the right to show compliance with all lawful
requirements for | ||||||
| 4 | retention, or continuation or renewal of the license, is
| ||||||
| 5 | specifically excluded. For the purposes of this Act the notice | ||||||
| 6 | required under
Section 10-25 of the Illinois Administrative | ||||||
| 7 | Procedure Act is deemed sufficient when
mailed to the last | ||||||
| 8 | known address of a party.
| ||||||
| 9 | (Source: P.A. 88-45; revised 9-15-16.)
| ||||||
| 10 | Section 765. The Uniform Commercial Code is amended by | ||||||
| 11 | changing Section 2-323 as follows:
| ||||||
| 12 | (810 ILCS 5/2-323) (from Ch. 26, par. 2-323)
| ||||||
| 13 | Sec. 2-323. Form
of bill of lading required in overseas | ||||||
| 14 | shipment; "overseas"." | ||||||
| 15 | (1) Where the contract contemplates overseas shipment and | ||||||
| 16 | contains a
term C.I.F. or C. & F. or F.O.B. vessel, the seller | ||||||
| 17 | unless otherwise agreed
must obtain a negotiable bill of lading | ||||||
| 18 | stating that the goods have been
loaded on board or, in the | ||||||
| 19 | case of a term C.I.F. or C. & F., received for
shipment.
| ||||||
| 20 | (2) Where in a case within subsection (1) a tangible bill | ||||||
| 21 | of lading has been
issued in a set of parts, unless otherwise | ||||||
| 22 | agreed if the documents are not
to be sent from abroad the | ||||||
| 23 | buyer may demand tender of the full set;
otherwise only one | ||||||
| 24 | part of the bill of lading need be tendered. Even if the
| ||||||
| |||||||
| |||||||
| 1 | agreement expressly requires a full set:
| ||||||
| 2 | (a) due tender of a single part is acceptable within | ||||||
| 3 | the provisions
of this Article on cure of improper delivery | ||||||
| 4 | (subsection (1) of Section 2-508);
and
| ||||||
| 5 | (b) even though the full set is demanded, if the | ||||||
| 6 | documents are sent
from abroad the person tendering an | ||||||
| 7 | incomplete set may nevertheless require
payment upon | ||||||
| 8 | furnishing an indemnity which the buyer in good faith deems
| ||||||
| 9 | adequate.
| ||||||
| 10 | (3) A shipment by water or by air or a contract | ||||||
| 11 | contemplating such
shipment is "overseas" insofar as by usage | ||||||
| 12 | of trade or agreement it is
subject to the commercial, | ||||||
| 13 | financing or shipping practices characteristic
of | ||||||
| 14 | international deep water commerce.
| ||||||
| 15 | (Source: P.A. 95-895, eff. 1-1-09; revised 9-15-16.)
| ||||||
| 16 | Section 770. The Illinois Securities Law of 1953 is amended | ||||||
| 17 | by changing Section 16 as follows:
| ||||||
| 18 | (815 ILCS 5/16) (from Ch. 121 1/2, par. 137.16)
| ||||||
| 19 | Sec. 16. Saving clauses. Notwithstanding any repeal | ||||||
| 20 | provisions of this
Act, the provisions of
the Act entitled "An | ||||||
| 21 | Act relating to the sale or other disposition of
securities and | ||||||
| 22 | providing penalties for the violation thereof and to repeal
| ||||||
| 23 | Acts in conflict therewith," approved June 10, 1919, as | ||||||
| 24 | amended, shall
remain in force (1) for the prosecution and
| ||||||
| |||||||
| |||||||
| 1 | punishment of any person who,
before the effective date of this | ||||||
| 2 | Act, shall have violated any provision of
said Act approved | ||||||
| 3 | June 10, 1919, as amended; (2) for carrying out the
terms of | ||||||
| 4 | escrow agreements made pursuant to the
provisions of said Act | ||||||
| 5 | approved June 10, 1919, as amended,
and (3) for the retention, | ||||||
| 6 | enforcement and liquidation of
deposits made with the Secretary
| ||||||
| 7 | of State pursuant to the provisions of Section 6a of said Act | ||||||
| 8 | approved June
10, 1919, as amended, or of subsection E of | ||||||
| 9 | Section 6 of the "The Illinois
Securities Law of 1953", | ||||||
| 10 | approved July 13,
1953, as amended and in effect prior to | ||||||
| 11 | January 1, 1986, which deposits,
from and after January 1, | ||||||
| 12 | 1986, shall be subject to the provisions of
subsections G, H, | ||||||
| 13 | and I of Section 6 as if such deposits were made in
respect of | ||||||
| 14 | face amount certificate contracts which were registered under
| ||||||
| 15 | subsection B of Section 6 on or after January 1, 1986.
| ||||||
| 16 | (Source: P.A. 84-1308; revised 10-26-16.)
| ||||||
| 17 | Section 775. The Payday Loan Reform Act is amended by | ||||||
| 18 | changing Section 2-5 as follows:
| ||||||
| 19 | (815 ILCS 122/2-5)
| ||||||
| 20 | Sec. 2-5. Loan terms. | ||||||
| 21 | (a) Without affecting the right of a consumer to prepay at | ||||||
| 22 | any time without cost or penalty, no payday loan may have a | ||||||
| 23 | minimum term of less than 13 days. | ||||||
| 24 | (b) Except for an installment payday loan as defined in | ||||||
| |||||||
| |||||||
| 1 | this Section,
no payday loan may be made to a consumer if the | ||||||
| 2 | loan would result in the consumer being indebted to one or more | ||||||
| 3 | payday lenders for a period in excess of 45 consecutive days. | ||||||
| 4 | Except as provided under subsection (c) of this Section and | ||||||
| 5 | Section 2-40, if a consumer has or has had loans outstanding | ||||||
| 6 | for a period in excess of 45 consecutive days, no payday lender | ||||||
| 7 | may offer or make a loan to the consumer for at least 7 | ||||||
| 8 | calendar days after the date on which the outstanding balance | ||||||
| 9 | of all payday loans made during the 45 consecutive day period | ||||||
| 10 | is paid in full. For purposes of this subsection, the term | ||||||
| 11 | "consecutive days" means a series of continuous calendar days | ||||||
| 12 | in which the consumer has an outstanding balance on one or more | ||||||
| 13 | payday loans; however, if a payday loan is made to a consumer | ||||||
| 14 | within 6 days or less after the outstanding balance of all | ||||||
| 15 | loans is paid in full, those days are counted as "consecutive | ||||||
| 16 | days" for purposes of this subsection. | ||||||
| 17 | (c) Notwithstanding anything in this Act to the contrary, a | ||||||
| 18 | payday loan
shall also include any installment loan otherwise | ||||||
| 19 | meeting the definition of
payday loan contained in Section | ||||||
| 20 | 1-10, but that has a term agreed by the
parties of not less | ||||||
| 21 | than 112 days and not exceeding 180 days; hereinafter an
| ||||||
| 22 | "installment payday loan". The following provisions shall | ||||||
| 23 | apply:
| ||||||
| 24 | (i) Any installment payday loan must be fully | ||||||
| 25 | amortizing, with a finance
charge calculated on the | ||||||
| 26 | principal balances scheduled to be outstanding and
be | ||||||
| |||||||
| |||||||
| 1 | repayable in substantially equal and consecutive | ||||||
| 2 | installments, according
to a payment schedule agreed by the | ||||||
| 3 | parties with not less than 13 days and
not more than one | ||||||
| 4 | month between payments; except that the first installment
| ||||||
| 5 | period may be longer than the remaining installment periods | ||||||
| 6 | by not more than
15 days, and the first installment payment | ||||||
| 7 | may be larger than the remaining
installment payments by | ||||||
| 8 | the amount of finance charges applicable to the
extra days. | ||||||
| 9 | In calculating finance charges under this subsection, when | ||||||
| 10 | the first installment period is longer than the remaining | ||||||
| 11 | installment periods, the amount of the finance charges | ||||||
| 12 | applicable to the extra days shall not be greater than | ||||||
| 13 | $15.50 per $100 of the original principal balance divided | ||||||
| 14 | by the number of days in a regularly scheduled installment | ||||||
| 15 | period and multiplied by the number of extra days | ||||||
| 16 | determined by subtracting the number of days in a regularly | ||||||
| 17 | scheduled installment period from the number of days in the | ||||||
| 18 | first installment period. | ||||||
| 19 | (ii) An installment payday loan may be refinanced by a | ||||||
| 20 | new installment
payday loan one time during the term of the | ||||||
| 21 | initial loan; provided that the
total duration of | ||||||
| 22 | indebtedness on the initial installment payday loan | ||||||
| 23 | combined
with the total term of indebtedness of the new | ||||||
| 24 | loan refinancing that initial
loan, shall not exceed 180 | ||||||
| 25 | days. For purposes of this Act, a refinancing
occurs when | ||||||
| 26 | an existing installment payday loan is paid from the | ||||||
| |||||||
| |||||||
| 1 | proceeds of
a new installment payday loan. | ||||||
| 2 | (iii) In the event an installment payday loan is paid | ||||||
| 3 | in full prior to
the date on which the last scheduled | ||||||
| 4 | installment payment before maturity is
due, other than | ||||||
| 5 | through a refinancing, no licensee may offer or make a | ||||||
| 6 | payday
loan to the consumer for at least 2 calendar days | ||||||
| 7 | thereafter. | ||||||
| 8 | (iv) No installment payday loan may be made to a | ||||||
| 9 | consumer if the loan would
result in the consumer being | ||||||
| 10 | indebted to one or more payday lenders for a
period in | ||||||
| 11 | excess of 180 consecutive days. The term "consecutive days" | ||||||
| 12 | does not include the date on which a consumer makes the | ||||||
| 13 | final installment payment. | ||||||
| 14 | (d) (Blank). | ||||||
| 15 | (e) No lender may make a payday loan to a consumer if the | ||||||
| 16 | total of all payday loan payments coming due within the first | ||||||
| 17 | calendar month of the loan, when combined with the payment | ||||||
| 18 | amount of all of the consumer's other outstanding payday loans | ||||||
| 19 | coming due within the same month, exceeds the lesser of: | ||||||
| 20 | (1) $1,000; or | ||||||
| 21 | (2) in the case of one or more payday loans, 25% of the | ||||||
| 22 | consumer's gross monthly income; or | ||||||
| 23 | (3) in the case of one or more installment payday | ||||||
| 24 | loans, 22.5% of the consumer's gross monthly income; or | ||||||
| 25 | (4) in the case of a payday loan and an installment | ||||||
| 26 | payday loan, 22.5% of the consumer's gross monthly income. | ||||||
| |||||||
| |||||||
| 1 | No loan shall be made to a consumer who has an outstanding | ||||||
| 2 | balance on 2 payday loans, except that, for a period of 12 | ||||||
| 3 | months after March 21, 2011 (the effective date of Public Act | ||||||
| 4 | 96-936) this amendatory Act of the 96th General Assembly, | ||||||
| 5 | consumers with an existing CILA loan may be issued an | ||||||
| 6 | installment loan issued under this Act from the company from | ||||||
| 7 | which their CILA loan was issued. | ||||||
| 8 | (e-5) Except as provided in subsection (c)(i), no lender | ||||||
| 9 | may charge more than $15.50 per $100 loaned on any payday loan, | ||||||
| 10 | or more than $15.50 per $100 on the initial principal balance | ||||||
| 11 | and on the principal balances scheduled to be outstanding | ||||||
| 12 | during any installment period on any installment payday loan. | ||||||
| 13 | Except for installment payday loans and except as provided in | ||||||
| 14 | Section 2-25, this charge is considered fully earned as of the | ||||||
| 15 | date on which the loan is made. For purposes of determining the | ||||||
| 16 | finance charge earned on an installment payday loan, the | ||||||
| 17 | disclosed annual percentage rate shall be applied to the | ||||||
| 18 | principal balances outstanding from time to time until the loan | ||||||
| 19 | is paid in full, or until the maturity date, whichever which | ||||||
| 20 | ever occurs first. No finance charge may be imposed after the | ||||||
| 21 | final scheduled maturity date. | ||||||
| 22 | When any loan contract is paid in full, the licensee shall | ||||||
| 23 | refund any unearned finance charge. The unearned finance charge | ||||||
| 24 | that is refunded shall be calculated based on a method that is | ||||||
| 25 | at least as favorable to the consumer as the actuarial method, | ||||||
| 26 | as defined by the federal Truth in Lending Act. The sum of the | ||||||
| |||||||
| |||||||
| 1 | digits or rule of 78ths method of calculating prepaid interest | ||||||
| 2 | refunds is prohibited. | ||||||
| 3 | (f) A lender may not take or attempt to take an interest in | ||||||
| 4 | any of the consumer's personal property to secure a payday | ||||||
| 5 | loan. | ||||||
| 6 | (g) A consumer has the right to redeem a check or any other | ||||||
| 7 | item described in the definition of payday loan under Section | ||||||
| 8 | 1-10 issued in connection with a payday loan from the lender | ||||||
| 9 | holding the check or other item at any time before the payday | ||||||
| 10 | loan becomes payable by paying the full amount of the check or | ||||||
| 11 | other item.
| ||||||
| 12 | (Source: P.A. 96-936, eff. 3-21-11; 97-421, eff. 1-1-12; | ||||||
| 13 | revised 9-15-16.)
| ||||||
| 14 | Section 780. The High Risk Home Loan Act is amended by | ||||||
| 15 | changing Section 10 as follows:
| ||||||
| 16 | (815 ILCS 137/10)
| ||||||
| 17 | Sec. 10. Definitions. As used in this Act:
| ||||||
| 18 | "Approved credit counselor" means a credit counselor | ||||||
| 19 | approved by the
Director of Financial Institutions.
| ||||||
| 20 | "Bona fide discount points" means loan discount points that | ||||||
| 21 | are knowingly paid by the consumer for the purpose of reducing, | ||||||
| 22 | and that in fact result in a bona fide reduction of, the
| ||||||
| 23 | interest rate or time price differential applicable to the | ||||||
| 24 | mortgage. | ||||||
| |||||||
| |||||||
| 1 | "Borrower" means a natural person who seeks or obtains a | ||||||
| 2 | high risk
home loan.
| ||||||
| 3 | "Commissioner" means the Commissioner of the Office of | ||||||
| 4 | Banks and Real
Estate.
| ||||||
| 5 | "Department" means the Department of Financial | ||||||
| 6 | Institutions.
| ||||||
| 7 | "Director" means the Director of Financial Institutions.
| ||||||
| 8 | "Good faith" means honesty in fact in the conduct or | ||||||
| 9 | transaction concerned.
| ||||||
| 10 | "High risk home loan"
means a consumer credit transaction, | ||||||
| 11 | other than a reverse mortgage, that is secured by the | ||||||
| 12 | consumer's principal dwelling if: (i) at the time of | ||||||
| 13 | origination, the annual
percentage rate
exceeds by more than 6 | ||||||
| 14 | percentage points in the case of a first lien mortgage,
or
by | ||||||
| 15 | more than 8 percentage points in the case of a junior mortgage, | ||||||
| 16 | the average prime offer rate, as defined in Section | ||||||
| 17 | 129C(b)(2)(B) of the federal Truth in Lending Act, for a | ||||||
| 18 | comparable transaction as of the date on which the interest | ||||||
| 19 | rate for the transaction is set, or if the dwelling is personal | ||||||
| 20 | property, then as provided under 15 U.S.C. 1602(bb), as | ||||||
| 21 | amended, and any corresponding regulation, as amended, (ii) the | ||||||
| 22 | loan documents permit the creditor to charge or collect | ||||||
| 23 | prepayment fees or penalties more than 36 months after the | ||||||
| 24 | transaction closing or such fees exceed, in the aggregate, more | ||||||
| 25 | than 2% of the amount prepaid, or (iii) the total
points
and | ||||||
| 26 | fees payable in connection with the transaction, other than | ||||||
| |||||||
| |||||||
| 1 | bona fide third-party charges not retained by the mortgage | ||||||
| 2 | originator, creditor, or an affiliate of the mortgage | ||||||
| 3 | originator or creditor, will exceed (1)
5% of the total loan | ||||||
| 4 | amount in the case of a transaction for $20,000 (or such other | ||||||
| 5 | dollar amount as prescribed by federal regulation pursuant to | ||||||
| 6 | the federal Dodd-Frank Act) or more or (2) the lesser of 8% of | ||||||
| 7 | the total loan amount or $1,000 (or such other dollar amount as | ||||||
| 8 | prescribed by federal regulation pursuant to the federal | ||||||
| 9 | Dodd-Frank Act) in the case of a transaction for less than | ||||||
| 10 | $20,000 (or such other dollar amount as prescribed by federal | ||||||
| 11 | regulation pursuant to the federal Dodd-Frank Act), except | ||||||
| 12 | that, with respect to all transactions, bona fide loan discount | ||||||
| 13 | points may be excluded as provided for in Section 35 of this | ||||||
| 14 | Act.
"High risk home loan"
does
not include a loan that is made | ||||||
| 15 | primarily for a business purpose unrelated to
the
residential | ||||||
| 16 | real property securing the loan or a consumer credit | ||||||
| 17 | transaction made by a natural person who provides seller | ||||||
| 18 | financing secured by a principal residence no more than 3 times | ||||||
| 19 | in a 12-month period, provided such consumer credit transaction | ||||||
| 20 | is not made by a person that has constructed or acted as a | ||||||
| 21 | contractor for the construction of the residence in the | ||||||
| 22 | ordinary course of business of such person.
| ||||||
| 23 | "Lender" means a natural or artificial person who | ||||||
| 24 | transfers, deals in,
offers, or makes a high risk home loan. | ||||||
| 25 | "Lender" includes, but is not limited
to,
creditors and
brokers | ||||||
| 26 | who transfer, deal in, offer, or make high risk home loans. | ||||||
| |||||||
| |||||||
| 1 | "Lender"
does not include purchasers, assignees, or subsequent | ||||||
| 2 | holders of high risk home
loans.
| ||||||
| 3 | "Office" means the Office of Banks and Real Estate.
| ||||||
| 4 | "Points and fees" means all items considered to be points | ||||||
| 5 | and
fees under 12 CFR 226.32 (2000, or as initially amended | ||||||
| 6 | pursuant to Section 1431 of the federal Dodd-Frank Act with no | ||||||
| 7 | subsequent amendments or editions
included, whichever is | ||||||
| 8 | later); compensation paid directly or indirectly by a consumer | ||||||
| 9 | or creditor to a
mortgage
broker from any source, including a | ||||||
| 10 | broker that originates a loan in its own name in a
table-funded
| ||||||
| 11 | transaction, not otherwise included in 12 CFR 226.4; the | ||||||
| 12 | maximum prepayment fees and penalties that may be charged or | ||||||
| 13 | collected under the terms of the credit transaction; all | ||||||
| 14 | prepayment fees or penalties that are incurred by the consumer | ||||||
| 15 | if the loan refinances a previous loan made or currently held | ||||||
| 16 | by the same creditor or an affiliate of the creditor; and | ||||||
| 17 | premiums or other charges payable at or before closing or | ||||||
| 18 | financed directly or indirectly into the loan for any credit | ||||||
| 19 | life, credit disability, credit unemployment, credit property, | ||||||
| 20 | other accident, loss of income, life, or health insurance or | ||||||
| 21 | payments directly or indirectly for any debt cancellation or | ||||||
| 22 | suspension agreement or contract, except that insurance | ||||||
| 23 | premiums or debt cancellation or suspension fees calculated and | ||||||
| 24 | paid in full on a monthly basis shall not be considered | ||||||
| 25 | financed by the creditor. "Points and fees" does not include | ||||||
| 26 | any insurance premium provided by an agency of the federal | ||||||
| |||||||
| |||||||
| 1 | government or an agency of a state; any insurance premium paid | ||||||
| 2 | by the consumer after closing; and any amount of a premium, | ||||||
| 3 | charge, or fee that is not in excess of the amount payable | ||||||
| 4 | under policies in effect at the time of origination under | ||||||
| 5 | Section 203(c)(2)(A) of the National Housing Act (12 U.S.C. | ||||||
| 6 | 1709(c)(2)(A)), provided that the premium, charge, or fee is | ||||||
| 7 | required to be refundable on a pro-rated basis and the refund | ||||||
| 8 | is automatically issued upon notification of the satisfaction | ||||||
| 9 | of the underlying mortgage loan. | ||||||
| 10 | "Prepayment penalty" and "prepayment fees or penalties" | ||||||
| 11 | mean: (i) for a closed-end credit transaction, a charge imposed | ||||||
| 12 | for paying all or part of the transaction's principal before | ||||||
| 13 | the date on which the principal is due, other than a waived, | ||||||
| 14 | bona fide third-party charge that the creditor imposes if the | ||||||
| 15 | consumer prepays all of the transaction's transactions's | ||||||
| 16 | principal sooner than 36 months after consummation and (ii) for | ||||||
| 17 | an open-end credit plan, a charge imposed by the creditor if | ||||||
| 18 | the consumer terminates the open-end credit plan prior to the | ||||||
| 19 | end of its term, other than a waived, bona fide third-party | ||||||
| 20 | charge that the creditor imposes if the consumer terminates the | ||||||
| 21 | open-end credit plan sooner than 36 months after account | ||||||
| 22 | opening.
| ||||||
| 23 | "Reasonable" means fair, proper, just, or prudent under the | ||||||
| 24 | circumstances.
| ||||||
| 25 | "Servicer" means any entity chartered under the Illinois | ||||||
| 26 | Banking Act, the
Savings Bank Act, the Illinois Credit Union | ||||||
| |||||||
| |||||||
| 1 | Act, or the Illinois Savings and
Loan Act of 1985 and any | ||||||
| 2 | person or entity licensed under the Residential
Mortgage | ||||||
| 3 | License Act of 1987, the Consumer Installment Loan Act, or the | ||||||
| 4 | Sales
Finance Agency Act who
is responsible for the collection | ||||||
| 5 | or remittance for, or has the right or
obligation to collect or | ||||||
| 6 | remit for, any lender, note owner, or note holder or
for a | ||||||
| 7 | licensee's own account, of payments, interest, principal, and | ||||||
| 8 | trust items
(such as hazard
insurance and taxes on a | ||||||
| 9 | residential mortgage loan) in accordance with the
terms of the | ||||||
| 10 | residential mortgage loan, including loan payment follow-up,
| ||||||
| 11 | delinquency loan follow-up, loan analysis, and any | ||||||
| 12 | notifications to
the borrower that are necessary to enable the | ||||||
| 13 | borrower to keep the loan current
and in good
standing.
| ||||||
| 14 | "Total loan amount" has the same meaning as that term is | ||||||
| 15 | given in 12
CFR 226.32 and shall be calculated in accordance | ||||||
| 16 | with the Federal Reserve
Board's Official Staff Commentary to | ||||||
| 17 | that regulation.
| ||||||
| 18 | (Source: P.A. 99-150, eff. 7-28-15; 99-288, eff. 8-5-15; | ||||||
| 19 | 99-642, eff. 7-28-16; revised 10-27-16.)
| ||||||
| 20 | Section 785. The Illinois Loan Brokers Act of 1995 is | ||||||
| 21 | amended by changing Section 15-80 as follows:
| ||||||
| 22 | (815 ILCS 175/15-80)
| ||||||
| 23 | Sec. 15-80. Persons exempt from registration and other | ||||||
| 24 | duties; burden of
proof thereof. | ||||||
| |||||||
| |||||||
| 1 | (a) The following persons are exempt from the
requirements | ||||||
| 2 | of Sections 15-10, 15-15, 15-20, 15-25, 15-30, 15-35, 15-40, | ||||||
| 3 | and
15-75 of this Act:
| ||||||
| 4 | (1) Any attorney while engaging in the practice of law.
| ||||||
| 5 | (2) Any certified public accountant licensed to | ||||||
| 6 | practice
in Illinois, while engaged in practice as a | ||||||
| 7 | certified public
accountant and whose service in relation | ||||||
| 8 | to procurement of a
loan is incidental to his or her | ||||||
| 9 | practice.
| ||||||
| 10 | (3) Any person licensed to engage in business as a real
| ||||||
| 11 | estate broker or salesperson in Illinois while rendering
| ||||||
| 12 | services in the ordinary course of a transaction in which a
| ||||||
| 13 | license as a real estate broker or salesperson is required.
| ||||||
| 14 | (4) Any dealer, salesperson or investment adviser
| ||||||
| 15 | registered under the Illinois Securities Law of
1953, or an | ||||||
| 16 | investment advisor,
representative, or any person who is | ||||||
| 17 | regularly engaged in the business of
offering or selling | ||||||
| 18 | securities in a transaction exempted under subsection C, H,
| ||||||
| 19 | M, R, Q, or S of Section 4 of the Illinois Securities Law | ||||||
| 20 | of 1953 or subsection
G of Section 4 of the Illinois | ||||||
| 21 | Securities Law of 1953 provided that such person
is | ||||||
| 22 | registered under the federal securities law.
| ||||||
| 23 | (4.1) An associated person described in subdivision | ||||||
| 24 | (h)(2) of Section 15
of the Federal 1934 Act.
| ||||||
| 25 | (4.2) An investment adviser registered pursuant to | ||||||
| 26 | Section 203 of the
Federal 1940 Investment Advisers | ||||||
| |||||||
| |||||||
| 1 | Advisors Act.
| ||||||
| 2 | (4.3) A person described in subdivision (a)(11) of | ||||||
| 3 | Section 202 of the
Federal 1940 Investment Advisers | ||||||
| 4 | Advisors Act.
| ||||||
| 5 | (5) Any person whose fee is wholly contingent on the
| ||||||
| 6 | successful procurement of a loan from a third party and to
| ||||||
| 7 | whom no fee, other than a bona fide third party fee, is | ||||||
| 8 | paid
before the procurement.
| ||||||
| 9 | (6) Any person who is a creditor, or proposed to be a
| ||||||
| 10 | creditor, for any loan.
| ||||||
| 11 | (7) (Blank).
| ||||||
| 12 | (8) Any person regulated by the Department of Financial | ||||||
| 13 | Institutions
or the Office of Banks and Real Estate, or any | ||||||
| 14 | insurance
producer or company
authorized to do business in | ||||||
| 15 | this State.
| ||||||
| 16 | (b) As used in this Section, "bona fide third party fee"
| ||||||
| 17 | includes fees for:
| ||||||
| 18 | (1) Credit reports, appraisals and investigations.
| ||||||
| 19 | (2) If the loan is to be secured by real property, | ||||||
| 20 | title
examinations, an abstract of title, title insurance, | ||||||
| 21 | a
property survey and similar purposes.
| ||||||
| 22 | (c) As used in this Section, "successful procurement of a
| ||||||
| 23 | loan" means that a binding commitment from a creditor to | ||||||
| 24 | advance
money has been received and accepted by the borrower.
| ||||||
| 25 | (d) The burden of proof of any exemption provided in this | ||||||
| 26 | Act
shall be on the party claiming the exemption.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 90-70, eff.
7-8-97; 91-435, eff. 8-6-99; revised | ||||||
| 2 | 9-15-16.)
| ||||||
| 3 | Section 790. The Illinois Business Brokers Act of 1995 is | ||||||
| 4 | amended by changing Section 10-80 as follows:
| ||||||
| 5 | (815 ILCS 307/10-80)
| ||||||
| 6 | Sec. 10-80. Persons exempt from registration and other
| ||||||
| 7 | duties under law; burden of proof thereof. | ||||||
| 8 | (a) The following persons are exempt from the
requirements | ||||||
| 9 | of this Act:
| ||||||
| 10 | (1) Any attorney who is licensed to practice in this | ||||||
| 11 | State, while
engaged in the practice of law
and whose | ||||||
| 12 | service in relation to the business broker transaction is
| ||||||
| 13 | incidental to the attorney's practice.
| ||||||
| 14 | (2) Any person licensed as a real estate broker or | ||||||
| 15 | salesperson under the
Illinois Real Estate License Act of | ||||||
| 16 | 2000 who is primarily engaged
in business
activities for | ||||||
| 17 | which a license is required under that Act and who, on an
| ||||||
| 18 | incidental basis, acts as a business broker.
| ||||||
| 19 | (3) Any dealer, salesperson, or investment adviser | ||||||
| 20 | registered pursuant
to the Illinois
Securities Law of 1953 | ||||||
| 21 | or any investment adviser
representative, or any person who | ||||||
| 22 | is regularly engaged in the business of
offering or selling | ||||||
| 23 | securities in a transaction exempted under subsection C, H,
| ||||||
| 24 | M, R, Q, or S of Section 4 of the Illinois Securities Law | ||||||
| |||||||
| |||||||
| 1 | of 1953 or subsection
G of Section 4 of the Illinois | ||||||
| 2 | Securities Law of 1953 provided that such person
is | ||||||
| 3 | registered pursuant to federal securities law.
| ||||||
| 4 | (4) An associated person described in subdivision | ||||||
| 5 | (h)(2) of Section 15
of the Federal 1934 Act.
| ||||||
| 6 | (5) An investment adviser registered pursuant to | ||||||
| 7 | Section 203 of the
Federal 1940 Investment Advisers | ||||||
| 8 | Advisors Act.
| ||||||
| 9 | (6) A person described in subdivision (a)(11) of | ||||||
| 10 | Section 202 of the
Federal 1940 Investment Advisers | ||||||
| 11 | Advisors Act.
| ||||||
| 12 | (7) Any person who is selling a business owned or | ||||||
| 13 | operated (in whole or
in part) by that person in a one time | ||||||
| 14 | transaction.
| ||||||
| 15 | (b) This Act shall not be deemed to apply in any manner, | ||||||
| 16 | directly or
indirectly, to: (i) a State bank or national bank, | ||||||
| 17 | as those terms are defined
in the Illinois Banking Act, or any | ||||||
| 18 | subsidiary of a State bank or national
bank;
(ii) a bank | ||||||
| 19 | holding company, as that term is defined in the Illinois Bank
| ||||||
| 20 | Holding Company Act of 1957, or any subsidiary of a bank | ||||||
| 21 | holding company; (iii)
a foreign banking corporation, as that | ||||||
| 22 | term is defined in the Foreign Banking
Office Act, or any | ||||||
| 23 | subsidiary of a foreign banking corporation; (iv) a
| ||||||
| 24 | representative office, as that term is defined in the Foreign | ||||||
| 25 | Bank
Representative Office Act; (v) a corporate fiduciary, as | ||||||
| 26 | that term is defined
in the Corporate Fiduciary Act, or any | ||||||
| |||||||
| |||||||
| 1 | subsidiary of a corporate fiduciary;
(vi) a savings bank | ||||||
| 2 | organized under the Savings Bank Act, or a federal savings
bank | ||||||
| 3 | organized under federal law, or any subsidiary of a savings | ||||||
| 4 | bank or
federal savings bank; (vii) a savings bank holding | ||||||
| 5 | company organized under the
Savings Bank Act, or any subsidiary | ||||||
| 6 | of a savings bank holding company; (viii)
an association or | ||||||
| 7 | federal association, as those terms are defined in the
Illinois | ||||||
| 8 | Savings and Loan Act of 1985, or any subsidiary of an | ||||||
| 9 | association or
federal association; (ix) a foreign savings and | ||||||
| 10 | loan association or foreign
savings bank subject to the | ||||||
| 11 | Illinois Savings and Loan Act of 1985, or any
subsidiary of a | ||||||
| 12 | foreign savings and loan association or foreign savings bank;
| ||||||
| 13 | or (x) a savings and loan association holding company, as that | ||||||
| 14 | term is defined
in the Illinois Savings and Loan Act of 1985, | ||||||
| 15 | or any subsidiary of a savings
and loan association holding | ||||||
| 16 | company.
| ||||||
| 17 | (b-1) Any franchise seller as defined in the Federal Trade | ||||||
| 18 | Commission rule entitled Disclosure Requirements and | ||||||
| 19 | Prohibitions Concerning Franchising, 16 C.F.R. Part 436, as it | ||||||
| 20 | may be amended, is exempt from the requirements of this Act.
| ||||||
| 21 | (b-2) Any certified public accountant licensed to practice | ||||||
| 22 | in Illinois,
while engaged in the practice as a certified | ||||||
| 23 | public accountant and whose
service in relation to the business | ||||||
| 24 | broker transaction is incidental to his or
her practice, is | ||||||
| 25 | exempt from the requirements of this Act.
| ||||||
| 26 | (b-3) Any publisher, or regular employee of such publisher, | ||||||
| |||||||
| |||||||
| 1 | of a bona fide
newspaper or news magazine of regular and | ||||||
| 2 | established paid circulation who, in
the routine course of | ||||||
| 3 | selling advertising, advertises businesses for sale and
in | ||||||
| 4 | which no other related services are provided is exempt from the | ||||||
| 5 | requirements
of this Act.
| ||||||
| 6 | (c) The burden of proof of any exemption or
classification | ||||||
| 7 | provided in this Act shall be on the party
claiming the | ||||||
| 8 | exemption or classification.
| ||||||
| 9 | (Source: P.A. 96-648, eff. 10-1-09; revised 9-15-16.)
| ||||||
| 10 | Section 800. The Personal Information Protection Act is | ||||||
| 11 | amended by changing Section 10 as follows:
| ||||||
| 12 | (815 ILCS 530/10) | ||||||
| 13 | Sec. 10. Notice of breach. | ||||||
| 14 | (a) Any data collector that owns or licenses personal | ||||||
| 15 | information concerning an Illinois resident shall notify the
| ||||||
| 16 | resident at no charge that there has been a breach of the | ||||||
| 17 | security of the
system data following discovery or notification | ||||||
| 18 | of the breach.
The disclosure notification shall be made in the | ||||||
| 19 | most
expedient time possible and without unreasonable delay,
| ||||||
| 20 | consistent with any measures necessary to determine the
scope | ||||||
| 21 | of the breach and restore the reasonable integrity,
security, | ||||||
| 22 | and confidentiality of the data system. The disclosure | ||||||
| 23 | notification to an Illinois resident shall include, but need | ||||||
| 24 | not be limited to, information as follows: | ||||||
| |||||||
| |||||||
| 1 | (1) With respect to personal information as defined in | ||||||
| 2 | Section 5 in paragraph (1) of the definition of "personal | ||||||
| 3 | information": | ||||||
| 4 | (A) the toll-free numbers and addresses for | ||||||
| 5 | consumer reporting agencies; | ||||||
| 6 | (B) the toll-free number, address, and website | ||||||
| 7 | address for the Federal Trade Commission; and | ||||||
| 8 | (C) a statement that the individual can obtain | ||||||
| 9 | information from these sources about fraud alerts and | ||||||
| 10 | security freezes. | ||||||
| 11 | The notification shall not, however, include | ||||||
| 12 | information concerning the number of Illinois residents | ||||||
| 13 | affected by the breach. | ||||||
| 14 | (2) With respect to personal information defined in | ||||||
| 15 | Section 5 in paragraph (2) of the definition of "personal | ||||||
| 16 | information", notice may be provided in electronic or other | ||||||
| 17 | form directing the Illinois resident whose personal | ||||||
| 18 | information has been breached to promptly change his or her | ||||||
| 19 | user name or password and security question or answer, as | ||||||
| 20 | applicable, or to take other steps appropriate to protect | ||||||
| 21 | all online accounts for which the resident uses the same | ||||||
| 22 | user name or email address and password or security | ||||||
| 23 | question and answer. | ||||||
| 24 | The notification shall not, however, include information | ||||||
| 25 | concerning the number of Illinois residents affected by the | ||||||
| 26 | breach. | ||||||
| |||||||
| |||||||
| 1 | (b) Any data collector that maintains or stores, but does | ||||||
| 2 | not own or license, computerized data that
includes personal | ||||||
| 3 | information that the data collector does not own or license | ||||||
| 4 | shall notify the owner or licensee of the information of any | ||||||
| 5 | breach of the security of the data immediately following | ||||||
| 6 | discovery, if the personal information was, or is reasonably | ||||||
| 7 | believed to have been, acquired by
an unauthorized person. In | ||||||
| 8 | addition to providing such notification to the owner or | ||||||
| 9 | licensee, the data collector shall cooperate with the owner or | ||||||
| 10 | licensee in matters relating to the breach. That cooperation | ||||||
| 11 | shall include, but need not be limited to, (i) informing the | ||||||
| 12 | owner or licensee of the breach, including giving notice of the | ||||||
| 13 | date or approximate date of the breach and the nature of the | ||||||
| 14 | breach, and (ii) informing the owner or licensee of any steps | ||||||
| 15 | the data collector has taken or plans to take relating to the | ||||||
| 16 | breach. The data collector's cooperation shall not, however, be | ||||||
| 17 | deemed to require either the disclosure of confidential | ||||||
| 18 | business information or trade secrets or the notification of an | ||||||
| 19 | Illinois resident who may have been affected by the breach.
| ||||||
| 20 | (b-5) The notification to an Illinois resident required by | ||||||
| 21 | subsection (a) of this Section may be delayed if an appropriate | ||||||
| 22 | law enforcement agency determines that notification will | ||||||
| 23 | interfere with a criminal investigation and provides the data | ||||||
| 24 | collector with a written request for the delay. However, the | ||||||
| 25 | data collector must notify the Illinois resident as soon as | ||||||
| 26 | notification will no longer interfere with the investigation.
| ||||||
| |||||||
| |||||||
| 1 | (c) For purposes of this Section, notice to consumers may | ||||||
| 2 | be provided by one of the following methods:
| ||||||
| 3 | (1) written notice; | ||||||
| 4 | (2) electronic notice, if the notice provided is
| ||||||
| 5 | consistent with the provisions regarding electronic
| ||||||
| 6 | records and signatures for notices legally required to be
| ||||||
| 7 | in writing as set forth in Section 7001 of Title 15 of the | ||||||
| 8 | United States Code;
or | ||||||
| 9 | (3) substitute notice, if the data collector
| ||||||
| 10 | demonstrates that the cost of providing notice would exceed
| ||||||
| 11 | $250,000 or that the affected class of subject persons to | ||||||
| 12 | be notified exceeds 500,000, or the data collector does not
| ||||||
| 13 | have sufficient contact information. Substitute notice | ||||||
| 14 | shall consist of all of the following: (i) email notice if | ||||||
| 15 | the data collector has an email address for the subject | ||||||
| 16 | persons; (ii) conspicuous posting of the notice on the data
| ||||||
| 17 | collector's web site page if the data collector maintains
| ||||||
| 18 | one; and (iii) notification to major statewide media or, if | ||||||
| 19 | the breach impacts residents in one geographic area, to | ||||||
| 20 | prominent local media in areas where affected individuals | ||||||
| 21 | are likely to reside if such notice is reasonably | ||||||
| 22 | calculated to give actual notice to persons whom notice is | ||||||
| 23 | required. | ||||||
| 24 | (d) Notwithstanding any other subsection in this Section, a | ||||||
| 25 | data collector
that maintains its own notification procedures | ||||||
| 26 | as part of an
information security policy for the treatment of | ||||||
| |||||||
| |||||||
| 1 | personal
information and is otherwise consistent with the | ||||||
| 2 | timing requirements of this Act, shall be deemed in compliance
| ||||||
| 3 | with the notification requirements of this Section if the
data | ||||||
| 4 | collector notifies subject persons in accordance with its | ||||||
| 5 | policies in the event of a breach of the security of the system | ||||||
| 6 | data.
| ||||||
| 7 | (Source: P.A. 99-503, eff. 1-1-17; revised 9-15-16.)
| ||||||
| 8 | Section 805. The Business Opportunity Sales Law of 1995 is | ||||||
| 9 | amended by changing Section 5-15 as follows:
| ||||||
| 10 | (815 ILCS 602/5-15)
| ||||||
| 11 | Sec. 5-15. Denial or revocation of exemptions.
| ||||||
| 12 | (a) The Secretary of State may by order deny or revoke any
| ||||||
| 13 | exemption specified in Section 5-10 of this Law with respect to | ||||||
| 14 | a
particular offering of one or more business opportunities. No
| ||||||
| 15 | such order may be entered without appropriate prior notice to
| ||||||
| 16 | all interested parties, opportunity for hearing, and written
| ||||||
| 17 | findings of fact and conclusions of law.
| ||||||
| 18 | (b) If the public interest or the protection of purchasers
| ||||||
| 19 | so requires, the Secretary of State may by summary order deny | ||||||
| 20 | or
revoke any of the specified exemptions pending final
| ||||||
| 21 | determination of any proceedings under this Section. Upon the
| ||||||
| 22 | entry of the order, the Secretary of State shall promptly | ||||||
| 23 | notify
all interested parties that it has been entered and of | ||||||
| 24 | the
reasons therefor and that
the matter will be set for | ||||||
| |||||||
| |||||||
| 1 | hearing upon written request filed with the
Secretary of State
| ||||||
| 2 | within 30 days after the receipt of the request by the | ||||||
| 3 | respondent. If no
hearing is requested and none is ordered by | ||||||
| 4 | the Secretary of
State, the order will remain in effect until | ||||||
| 5 | it is modified or
vacated by the Secretary of State. If a | ||||||
| 6 | hearing is requested and
none is ordered by the Secretary of | ||||||
| 7 | State, the order will remain
in effect until it is modified or | ||||||
| 8 | vacated by the Secretary of
State. If a hearing is requested or | ||||||
| 9 | ordered, the Secretary of
State, after notice of an opportunity | ||||||
| 10 | for hearing to all
interested
persons, may modify or vacate the | ||||||
| 11 | order or extend it
until final determination.
| ||||||
| 12 | (c) No order under this Section may operate retroactively.
| ||||||
| 13 | (d) No person may be considered to have violated Section | ||||||
| 14 | 5-25
by reason of any offer or sale effected after the entry of | ||||||
| 15 | an
order under paragraph (1) of Section 5-65 of this Law if he | ||||||
| 16 | or she sustains the
burden of proof that he or she did not | ||||||
| 17 | know, and in the exercise
of reasonable care could not have | ||||||
| 18 | known, of the order.
| ||||||
| 19 | (e) Notwithstanding any provision to the contrary, this Law | ||||||
| 20 | shall not
apply to (i) any dealer, salesperson, or investment | ||||||
| 21 | adviser registered
under the
Illinois Securities Law of 1953 or | ||||||
| 22 | any investment adviser
representative, or any person who is | ||||||
| 23 | regularly engaged in the business of
offering or selling | ||||||
| 24 | securities in a transaction exempted under subsection C, H,
M, | ||||||
| 25 | R, Q, or S of Section 4 of the Illinois Securities Law of 1953 | ||||||
| 26 | or subsection
G of Section 4 of the Illinois Securities Law of | ||||||
| |||||||
| |||||||
| 1 | 1953 provided that such person
is registered under the federal | ||||||
| 2 | securities law,
(ii) an associated person described in | ||||||
| 3 | subdivision (h)(2) of Section 15 of
the Federal 1934 Act, (iii) | ||||||
| 4 | an investment adviser registered under
Section 203 of the | ||||||
| 5 | Federal 1940 Investment Advisers Advisors Act, or (iv) a person
| ||||||
| 6 | described in subdivision (a)(11) of Section 202 of the Federal | ||||||
| 7 | 1940 Investment Advisers
Advisors Act.
| ||||||
| 8 | (f) This Law shall not be deemed to apply in any manner, | ||||||
| 9 | directly or
indirectly, to: (i) a State bank or national bank, | ||||||
| 10 | as those terms are defined
in the Illinois Banking Act, or any | ||||||
| 11 | subsidiary of a State bank or national
bank;
(ii) a bank | ||||||
| 12 | holding company, as that term is defined in the Illinois Bank
| ||||||
| 13 | Holding Company Act of 1957, or any subsidiary of a bank | ||||||
| 14 | holding company; (iii)
a foreign banking corporation, as that | ||||||
| 15 | term is defined in the Foreign Banking
Office Act, or any | ||||||
| 16 | subsidiary of a foreign banking corporation; (iv) a
| ||||||
| 17 | representative office, as that term is defined in the Foreign | ||||||
| 18 | Bank
Representative Office Act, (v) a corporate fiduciary, as | ||||||
| 19 | that term is defined
in the Corporate Fiduciary Act, or any | ||||||
| 20 | subsidiary of a corporate fiduciary;
(vi) a savings bank | ||||||
| 21 | organized under the Savings Bank Act, or a federal savings
bank | ||||||
| 22 | organized under federal law, or any subsidiary of a savings | ||||||
| 23 | bank or
federal savings bank; (vii) a savings bank holding | ||||||
| 24 | company organized under the
Savings Bank Act, or any subsidiary | ||||||
| 25 | of a savings bank holding company; (viii)
an association or | ||||||
| 26 | federal association, as those terms are defined in the
Illinois | ||||||
| |||||||
| |||||||
| 1 | Savings and Loan Act of 1985, or any subsidiary of an | ||||||
| 2 | association or
federal association; (ix) a foreign savings and | ||||||
| 3 | loan association or foreign
savings bank subject to the | ||||||
| 4 | Illinois Savings and Loan Act of 1985, or any
subsidiary of a | ||||||
| 5 | foreign savings and loan association or foreign savings bank;
| ||||||
| 6 | or (x) a savings and loan association holding company, as that | ||||||
| 7 | term is defined
in the Illinois Savings and Loan Act of 1985, | ||||||
| 8 | or any subsidiary of a savings
and loan association holding | ||||||
| 9 | company.
| ||||||
| 10 | (Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97; revised | ||||||
| 11 | 9-15-16.)
| ||||||
| 12 | Section 810. The Contractor Prompt Payment Act is amended | ||||||
| 13 | by changing Section 10 as follows:
| ||||||
| 14 | (815 ILCS 603/10)
| ||||||
| 15 | Sec. 10. Construction contracts. All construction | ||||||
| 16 | contracts shall be deemed to provide the following: | ||||||
| 17 | (1) If a contractor has performed in accordance with | ||||||
| 18 | the provisions of a construction contract and the payment | ||||||
| 19 | application has been approved by the owner or the owner's | ||||||
| 20 | agent, the owner shall pay the amount due to the contractor | ||||||
| 21 | pursuant to the payment application not more than 15 | ||||||
| 22 | calendar days after the approval. The payment application | ||||||
| 23 | shall be deemed approved 25 days after the owner receives | ||||||
| 24 | it unless the owner provides, before the end of the 25-day | ||||||
| |||||||
| |||||||
| 1 | period, a written statement of the amount withheld and the | ||||||
| 2 | reason for withholding payment. If the owner finds that a | ||||||
| 3 | portion of the work is not in accordance with the contract, | ||||||
| 4 | payment may be withheld for the reasonable value of that | ||||||
| 5 | portion only. Payment shall be made for any portion of the | ||||||
| 6 | contract for which the work has been performed in | ||||||
| 7 | accordance with the provisions of the contract. | ||||||
| 8 | Instructions or notification from an owner to his or her | ||||||
| 9 | lender or architect to process or pay a payment application | ||||||
| 10 | does not constitute approval of the payment application | ||||||
| 11 | under this Act. | ||||||
| 12 | (2) If a subcontractor has performed in accordance with | ||||||
| 13 | the provisions of his or her contract with the contractor | ||||||
| 14 | or subcontractor and the work has been accepted by the | ||||||
| 15 | owner, the owner's agent, or the contractor, the contractor | ||||||
| 16 | shall pay to his or her subcontractor and the subcontractor | ||||||
| 17 | shall pay to his or her subcontractor, within 15 calendar | ||||||
| 18 | days of the contractor's receipt from the owner or the | ||||||
| 19 | subcontractor's receipt from the contractor of each | ||||||
| 20 | periodic payment, final payment, or receipt of retainage | ||||||
| 21 | monies, the full amount received for the work of the | ||||||
| 22 | subcontractor based on the work completed or the services | ||||||
| 23 | rendered under the construction contract.
| ||||||
| 24 | (Source: P.A. 95-567, eff. 8-31-07; revised 9-15-16.)
| ||||||
| 25 | Section 815. The Motor Vehicle Franchise Act is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Section 4 as follows:
| ||||||
| 2 | (815 ILCS 710/4) (from Ch. 121 1/2, par. 754)
| ||||||
| 3 | Sec. 4. Unfair competition and practices.
| ||||||
| 4 | (a) The unfair methods of competition and unfair and | ||||||
| 5 | deceptive acts or
practices listed in this Section are hereby | ||||||
| 6 | declared to be unlawful. In
construing the provisions of this | ||||||
| 7 | Section, the courts may be guided by the
interpretations of the | ||||||
| 8 | Federal Trade Commission Act (15 U.S.C. 45 et
seq.), as from | ||||||
| 9 | time to time amended.
| ||||||
| 10 | (b) It shall be deemed a violation for any manufacturer, | ||||||
| 11 | factory branch,
factory representative, distributor or | ||||||
| 12 | wholesaler, distributor branch,
distributor representative or | ||||||
| 13 | motor vehicle dealer to engage in any action
with respect to a | ||||||
| 14 | franchise which is arbitrary, in bad faith or
unconscionable | ||||||
| 15 | and which causes damage to any of the parties or to the public.
| ||||||
| 16 | (c) It shall be deemed a violation for a manufacturer, a | ||||||
| 17 | distributor,
a wholesaler, a distributor branch or division, a | ||||||
| 18 | factory branch or division,
or a wholesale branch or division, | ||||||
| 19 | or officer, agent or other representative
thereof, to coerce, | ||||||
| 20 | or attempt to coerce, any motor vehicle dealer:
| ||||||
| 21 | (1) to accept, buy or order any motor vehicle or | ||||||
| 22 | vehicles, appliances,
equipment, parts or accessories | ||||||
| 23 | therefor, or any other commodity or commodities
or service | ||||||
| 24 | or services which such motor vehicle dealer has not | ||||||
| 25 | voluntarily
ordered or requested except items required by | ||||||
| |||||||
| |||||||
| 1 | applicable local, state or
federal law; or to require a | ||||||
| 2 | motor vehicle dealer to accept, buy, order or
purchase such | ||||||
| 3 | items in order to obtain any motor vehicle or vehicles or | ||||||
| 4 | any
other commodity or commodities which have been ordered | ||||||
| 5 | or requested by such
motor vehicle dealer;
| ||||||
| 6 | (2) to order or accept delivery of any motor vehicle | ||||||
| 7 | with special
features, appliances, accessories or | ||||||
| 8 | equipment not included in the list
price of the motor | ||||||
| 9 | vehicles as publicly advertised by the manufacturer
| ||||||
| 10 | thereof, except items required by applicable law; or
| ||||||
| 11 | (3) to order for anyone any parts, accessories, | ||||||
| 12 | equipment, machinery,
tools, appliances or any commodity | ||||||
| 13 | whatsoever, except items required by
applicable law.
| ||||||
| 14 | (d) It shall be deemed a violation for a manufacturer, a | ||||||
| 15 | distributor,
a wholesaler, a distributor branch or division, or | ||||||
| 16 | officer, agent or other
representative thereof:
| ||||||
| 17 | (1) to adopt, change, establish or implement a plan or | ||||||
| 18 | system for the
allocation and distribution of new motor | ||||||
| 19 | vehicles to motor vehicle dealers
which is arbitrary or | ||||||
| 20 | capricious or to modify an existing plan so as to cause
the | ||||||
| 21 | same to be arbitrary or capricious;
| ||||||
| 22 | (2) to fail or refuse to advise or disclose to any | ||||||
| 23 | motor vehicle dealer
having a franchise or selling | ||||||
| 24 | agreement, upon written request therefor,
the basis upon | ||||||
| 25 | which new motor vehicles of the same line make are | ||||||
| 26 | allocated
or distributed to motor vehicle dealers in the | ||||||
| |||||||
| |||||||
| 1 | State and the basis upon
which the current allocation or | ||||||
| 2 | distribution is being made or will be made
to such motor | ||||||
| 3 | vehicle dealer;
| ||||||
| 4 | (3) to refuse to deliver in reasonable quantities and | ||||||
| 5 | within a reasonable
time after receipt of dealer's order, | ||||||
| 6 | to any motor vehicle dealer having
a franchise or selling | ||||||
| 7 | agreement for the retail sale of new motor vehicles
sold or | ||||||
| 8 | distributed by such manufacturer, distributor, wholesaler, | ||||||
| 9 | distributor
branch or division, factory branch or division | ||||||
| 10 | or wholesale branch or division,
any such motor vehicles as | ||||||
| 11 | are covered by such franchise or selling agreement
| ||||||
| 12 | specifically publicly advertised in the State by such | ||||||
| 13 | manufacturer,
distributor, wholesaler, distributor branch | ||||||
| 14 | or division, factory branch or
division, or wholesale | ||||||
| 15 | branch or division to be available for immediate
delivery. | ||||||
| 16 | However, the failure to deliver any motor vehicle shall not | ||||||
| 17 | be
considered a violation of this Act if such failure is | ||||||
| 18 | due to an act of God,
a work stoppage or delay due to a | ||||||
| 19 | strike or labor difficulty, a shortage
of materials, a lack | ||||||
| 20 | of manufacturing capacity, a freight embargo or other
cause | ||||||
| 21 | over which the manufacturer, distributor, or wholesaler, | ||||||
| 22 | or any agent
thereof has no control;
| ||||||
| 23 | (4) to coerce, or attempt to coerce, any motor vehicle | ||||||
| 24 | dealer to enter
into any agreement with such manufacturer, | ||||||
| 25 | distributor, wholesaler, distributor
branch or division, | ||||||
| 26 | factory branch or division, or wholesale branch or
| ||||||
| |||||||
| |||||||
| 1 | division, or officer, agent or other representative | ||||||
| 2 | thereof, or to do any
other act prejudicial to the dealer | ||||||
| 3 | by threatening to reduce his allocation
of motor vehicles | ||||||
| 4 | or cancel any franchise or any selling agreement existing
| ||||||
| 5 | between such manufacturer, distributor, wholesaler, | ||||||
| 6 | distributor branch or
division, or factory branch or | ||||||
| 7 | division, or wholesale branch or division,
and the dealer. | ||||||
| 8 | However, notice in good faith to any motor vehicle dealer
| ||||||
| 9 | of the dealer's violation of any terms or provisions of | ||||||
| 10 | such franchise or
selling agreement or of any law or | ||||||
| 11 | regulation applicable to the conduct of
a motor vehicle | ||||||
| 12 | dealer shall not constitute a violation of this Act;
| ||||||
| 13 | (5) to require a franchisee to participate in an | ||||||
| 14 | advertising campaign
or contest or any promotional | ||||||
| 15 | campaign, or to purchase or lease any promotional
| ||||||
| 16 | materials, training materials, show room or other display | ||||||
| 17 | decorations or
materials at the expense of the franchisee;
| ||||||
| 18 | (6) to cancel or terminate the franchise or selling | ||||||
| 19 | agreement of a
motor vehicle dealer without good cause and | ||||||
| 20 | without giving notice as
hereinafter provided; to fail or | ||||||
| 21 | refuse to extend the franchise or selling
agreement of a | ||||||
| 22 | motor vehicle dealer upon its expiration without good cause
| ||||||
| 23 | and without giving notice as hereinafter provided; or, to | ||||||
| 24 | offer a renewal,
replacement or succeeding franchise or | ||||||
| 25 | selling agreement containing terms
and provisions the | ||||||
| 26 | effect of which is to substantially change or modify the
| ||||||
| |||||||
| |||||||
| 1 | sales and service obligations or capital requirements of | ||||||
| 2 | the motor vehicle
dealer arbitrarily and without good cause | ||||||
| 3 | and without giving notice as
hereinafter provided | ||||||
| 4 | notwithstanding any term or provision of a franchise
or | ||||||
| 5 | selling agreement.
| ||||||
| 6 | (A) If a manufacturer, distributor, wholesaler, | ||||||
| 7 | distributor branch or
division, factory branch or | ||||||
| 8 | division or wholesale branch or division intends
to | ||||||
| 9 | cancel or terminate a franchise or selling agreement or | ||||||
| 10 | intends not to
extend or renew a franchise or selling | ||||||
| 11 | agreement on its expiration, it shall
send a letter by | ||||||
| 12 | certified mail, return
receipt requested, to the | ||||||
| 13 | affected
franchisee at least
60 days before the | ||||||
| 14 | effective date of the
proposed action, or not later | ||||||
| 15 | than 10 days before the proposed action when the
reason | ||||||
| 16 | for the action is based upon either of the following:
| ||||||
| 17 | (i) the
business operations of the franchisee | ||||||
| 18 | have been abandoned or
the franchisee has failed to | ||||||
| 19 | conduct customary sales and service operations
| ||||||
| 20 | during customary business hours for at least 7
| ||||||
| 21 | consecutive business
days unless such closing is | ||||||
| 22 | due to an act of God, strike or labor
difficulty or | ||||||
| 23 | other cause over which the franchisee has no | ||||||
| 24 | control; or
| ||||||
| 25 | (ii) the conviction of or plea of nolo
| ||||||
| 26 | contendere by the motor
vehicle dealer or any | ||||||
| |||||||
| |||||||
| 1 | operator thereof in a court of competent | ||||||
| 2 | jurisdiction
to an offense punishable by | ||||||
| 3 | imprisonment for more than two years.
| ||||||
| 4 | Each notice of proposed action shall include a | ||||||
| 5 | detailed statement
setting forth the specific grounds | ||||||
| 6 | for the proposed cancellation, termination,
or refusal | ||||||
| 7 | to extend or renew and shall state that the dealer has
| ||||||
| 8 | only 30 days from receipt of
the notice to file with | ||||||
| 9 | the Motor Vehicle Review Board a written protest
| ||||||
| 10 | against the proposed action.
| ||||||
| 11 | (B) If a manufacturer, distributor, wholesaler, | ||||||
| 12 | distributor branch or
division, factory branch or | ||||||
| 13 | division or wholesale branch or division intends
to | ||||||
| 14 | change substantially or modify the sales and service | ||||||
| 15 | obligations or
capital requirements of a motor vehicle | ||||||
| 16 | dealer as a condition to extending
or renewing the | ||||||
| 17 | existing franchise or selling agreement of such motor
| ||||||
| 18 | vehicle dealer, it shall
send a letter by certified | ||||||
| 19 | mail, return receipt requested, to the affected
| ||||||
| 20 | franchisee at
least 60
days
before the date of | ||||||
| 21 | expiration of the franchise or selling agreement. Each
| ||||||
| 22 | notice of proposed action shall include a detailed | ||||||
| 23 | statement setting forth
the specific grounds for the | ||||||
| 24 | proposed action
and shall state that the dealer has | ||||||
| 25 | only 30 days from receipt of
the notice to file with | ||||||
| 26 | the Motor Vehicle Review Board a written protest
| ||||||
| |||||||
| |||||||
| 1 | against the proposed action.
| ||||||
| 2 | (C) Within 30 days from receipt of the notice under
| ||||||
| 3 | subparagraphs (A) and (B),
the franchisee may file with | ||||||
| 4 | the Board a written
protest against the proposed | ||||||
| 5 | action.
| ||||||
| 6 | When the protest has been timely filed, the Board | ||||||
| 7 | shall enter an
order,
fixing a date (within 60 days of | ||||||
| 8 | the date of the order), time,
and place of a hearing on | ||||||
| 9 | the protest required under Sections 12 and 29
of this | ||||||
| 10 | Act, and send by certified mail, return receipt | ||||||
| 11 | requested, a copy of
the order to the manufacturer that | ||||||
| 12 | filed the notice of intention of the
proposed action | ||||||
| 13 | and to the protesting dealer or franchisee.
| ||||||
| 14 | The manufacturer shall have the burden of proof to | ||||||
| 15 | establish that good
cause exists to cancel or | ||||||
| 16 | terminate, or fail to extend or renew the franchise
or
| ||||||
| 17 | selling agreement of a motor vehicle dealer or | ||||||
| 18 | franchisee, and to change
substantially or modify the | ||||||
| 19 | sales and service obligations or capital
requirements | ||||||
| 20 | of a motor vehicle dealer as a condition to extending | ||||||
| 21 | or renewing
the existing franchise or selling | ||||||
| 22 | agreement. The determination whether good
cause exists | ||||||
| 23 | to cancel, terminate, or refuse to renew or extend the | ||||||
| 24 | franchise
or selling agreement, or to change or modify | ||||||
| 25 | the obligations of the dealer as a
condition to offer | ||||||
| 26 | renewal, replacement, or succession shall be made
by | ||||||
| |||||||
| |||||||
| 1 | the Board under subsection (d) of Section 12 of this | ||||||
| 2 | Act.
| ||||||
| 3 | (D) Notwithstanding the terms, conditions, or | ||||||
| 4 | provisions of a
franchise
or selling agreement, the | ||||||
| 5 | following shall not constitute good cause for
| ||||||
| 6 | cancelling or terminating or failing to extend or renew | ||||||
| 7 | the franchise or
selling agreement: (i) the change of | ||||||
| 8 | ownership or executive management of the
franchisee's | ||||||
| 9 | dealership; or (ii)
the
fact that the franchisee or | ||||||
| 10 | owner of an interest in the franchise owns, has
an | ||||||
| 11 | investment in, participates in the management of, or | ||||||
| 12 | holds a license for
the sale of the same or any other | ||||||
| 13 | line make of new motor vehicles.
| ||||||
| 14 | (E) The manufacturer may not cancel or terminate, | ||||||
| 15 | or fail to extend or
renew a franchise or selling | ||||||
| 16 | agreement or change or modify the obligations of
the | ||||||
| 17 | franchisee as a condition to offering a renewal, | ||||||
| 18 | replacement, or succeeding
franchise or selling | ||||||
| 19 | agreement before the hearing process is concluded as
| ||||||
| 20 | prescribed by this Act, and thereafter, if the Board | ||||||
| 21 | determines that the
manufacturer has failed to meet its | ||||||
| 22 | burden of proof and that good cause does
not exist to | ||||||
| 23 | allow the proposed action;
| ||||||
| 24 | (7) notwithstanding the terms of any franchise | ||||||
| 25 | agreement, to fail to
indemnify and hold harmless its | ||||||
| 26 | franchised dealers against any judgment
or settlement for | ||||||
| |||||||
| |||||||
| 1 | damages, including, but not limited to, court costs, expert
| ||||||
| 2 | witness fees, reasonable attorneys' fees of the new motor | ||||||
| 3 | vehicle
dealer, and other expenses incurred in the | ||||||
| 4 | litigation, so long as such fees
and costs are reasonable,
| ||||||
| 5 | arising out
of complaints, claims or lawsuits including, | ||||||
| 6 | but not limited to, strict
liability, negligence, | ||||||
| 7 | misrepresentation, warranty (express or implied),
or | ||||||
| 8 | rescission recision of the sale as defined in Section 2-608 | ||||||
| 9 | of the Uniform Commercial
Code, to the extent that the | ||||||
| 10 | judgment or settlement relates to the alleged
defective or | ||||||
| 11 | negligent manufacture, assembly or design of new motor | ||||||
| 12 | vehicles,
parts or accessories or other functions by the | ||||||
| 13 | manufacturer, beyond the
control of the dealer; provided | ||||||
| 14 | that, in order to provide an adequate
defense, the | ||||||
| 15 | manufacturer receives notice of the filing of a complaint, | ||||||
| 16 | claim,
or lawsuit within 60 days after the filing;
| ||||||
| 17 | (8) to require or otherwise coerce a motor vehicle | ||||||
| 18 | dealer to underutilize the motor vehicle dealer's | ||||||
| 19 | facilities by requiring or otherwise coercing the motor | ||||||
| 20 | vehicle dealer to exclude or remove from the motor vehicle | ||||||
| 21 | dealer's facilities operations for selling or servicing of | ||||||
| 22 | any vehicles for which the motor vehicle dealer has a | ||||||
| 23 | franchise agreement with another manufacturer, | ||||||
| 24 | distributor, wholesaler, distribution branch or division, | ||||||
| 25 | or officer, agent, or other representative thereof; | ||||||
| 26 | provided, however, that, in light of all existing | ||||||
| |||||||
| |||||||
| 1 | circumstances, (i) the motor vehicle dealer maintains a | ||||||
| 2 | reasonable line of credit for each make or line of new | ||||||
| 3 | motor vehicle, (ii) the new motor vehicle dealer remains in | ||||||
| 4 | compliance with any reasonable facilities requirements of | ||||||
| 5 | the manufacturer, (iii) no change is made in the principal | ||||||
| 6 | management of the new motor vehicle dealer, and (iv) the | ||||||
| 7 | addition of the make or line of new motor vehicles would be | ||||||
| 8 | reasonable. The reasonable facilities requirement set | ||||||
| 9 | forth in item (ii) of subsection (d)(8) shall not include | ||||||
| 10 | any requirement that a franchisee establish or maintain | ||||||
| 11 | exclusive facilities, personnel, or display space. Any | ||||||
| 12 | decision by a motor vehicle dealer to sell additional makes | ||||||
| 13 | or lines at the motor vehicle dealer's facility shall be | ||||||
| 14 | presumed to be reasonable, and the manufacturer shall have | ||||||
| 15 | the burden to overcome that presumption. A motor vehicle | ||||||
| 16 | dealer must provide a written notification of its intent to | ||||||
| 17 | add a make or line of new motor vehicles to the | ||||||
| 18 | manufacturer. If the manufacturer does not respond to the | ||||||
| 19 | motor vehicle dealer, in writing, objecting to the addition | ||||||
| 20 | of the make or line within 60 days after the date that the | ||||||
| 21 | motor vehicle dealer sends the written notification, then | ||||||
| 22 | the manufacturer shall be deemed to have approved the | ||||||
| 23 | addition of the make or line; or | ||||||
| 24 | (9) to use or consider the performance of a motor | ||||||
| 25 | vehicle dealer relating to the sale of the manufacturer's, | ||||||
| 26 | distributor's, or wholesaler's vehicles or the motor | ||||||
| |||||||
| |||||||
| 1 | vehicle dealer's ability to satisfy any minimum sales or | ||||||
| 2 | market share quota or responsibility relating to the sale | ||||||
| 3 | of the manufacturer's, distributor's, or wholesaler's new | ||||||
| 4 | vehicles in determining: | ||||||
| 5 | (A) the motor vehicle dealer's eligibility to | ||||||
| 6 | purchase program, certified, or other used motor | ||||||
| 7 | vehicles from the manufacturer, distributor, or | ||||||
| 8 | wholesaler; | ||||||
| 9 | (B) the volume, type, or model of program, | ||||||
| 10 | certified, or other used motor vehicles that a motor | ||||||
| 11 | vehicle dealer is eligible to purchase from the | ||||||
| 12 | manufacturer, distributor, or wholesaler; | ||||||
| 13 | (C) the price of any program, certified, or other | ||||||
| 14 | used motor vehicle that the dealer is eligible to | ||||||
| 15 | purchase from the manufacturer, distributor, or | ||||||
| 16 | wholesaler; or | ||||||
| 17 | (D) the availability or amount of any discount, | ||||||
| 18 | credit, rebate, or sales incentive that the dealer is | ||||||
| 19 | eligible to receive from the manufacturer, | ||||||
| 20 | distributor, or wholesaler for the purchase of any | ||||||
| 21 | program, certified, or other used motor vehicle | ||||||
| 22 | offered for sale by the manufacturer, distributor, or | ||||||
| 23 | wholesaler. | ||||||
| 24 | (e) It shall be deemed a violation for a manufacturer, a | ||||||
| 25 | distributor,
a wholesaler, a distributor branch or division or | ||||||
| 26 | officer, agent or other
representative thereof:
| ||||||
| |||||||
| |||||||
| 1 | (1) to resort to or use any false or misleading | ||||||
| 2 | advertisement in
connection with his business as such | ||||||
| 3 | manufacturer, distributor, wholesaler,
distributor branch | ||||||
| 4 | or division or officer, agent or other representative
| ||||||
| 5 | thereof;
| ||||||
| 6 | (2) to offer to sell or lease, or to sell or lease, any | ||||||
| 7 | new motor vehicle
to any motor vehicle dealer at a lower | ||||||
| 8 | actual price therefor than the actual
price offered to any | ||||||
| 9 | other motor vehicle dealer for the same model vehicle
| ||||||
| 10 | similarly equipped or to utilize any device including, but | ||||||
| 11 | not limited to,
sales promotion plans or programs which | ||||||
| 12 | result in such lesser actual
price or fail to make | ||||||
| 13 | available to any motor vehicle dealer any
preferential | ||||||
| 14 | pricing, incentive, rebate, finance rate, or low interest | ||||||
| 15 | loan
program offered to competing motor vehicle dealers in | ||||||
| 16 | other contiguous states.
However, the provisions of this | ||||||
| 17 | paragraph shall not apply to sales
to a motor vehicle | ||||||
| 18 | dealer for resale to any unit of the United States
| ||||||
| 19 | Government, the State or any of its political subdivisions;
| ||||||
| 20 | (3) to offer to sell or lease, or to sell or lease, any | ||||||
| 21 | new motor vehicle
to any person, except a wholesaler, | ||||||
| 22 | distributor or manufacturer's employees
at a lower actual | ||||||
| 23 | price therefor than the actual price offered and charged
to | ||||||
| 24 | a motor vehicle dealer for the same model vehicle similarly | ||||||
| 25 | equipped or
to utilize any device which results in such | ||||||
| 26 | lesser actual price. However,
the provisions of this | ||||||
| |||||||
| |||||||
| 1 | paragraph shall not apply to sales to a motor
vehicle | ||||||
| 2 | dealer for resale to any unit of the United States | ||||||
| 3 | Government, the
State or any of its political subdivisions;
| ||||||
| 4 | (4) to prevent or attempt to prevent by contract or | ||||||
| 5 | otherwise any motor
vehicle dealer or franchisee from | ||||||
| 6 | changing the executive management control
of the motor
| ||||||
| 7 | vehicle dealer or franchisee unless the franchiser, having | ||||||
| 8 | the burden of
proof, proves that such change of executive | ||||||
| 9 | management will result in executive
management control by a | ||||||
| 10 | person or persons who are not of good moral character
or | ||||||
| 11 | who do not meet the franchiser's existing and, with | ||||||
| 12 | consideration given
to the volume of sales and service of | ||||||
| 13 | the dealership, uniformly applied
minimum business | ||||||
| 14 | experience standards in the market area. However where
the | ||||||
| 15 | manufacturer rejects a proposed change in executive | ||||||
| 16 | management
control, the manufacturer shall give written | ||||||
| 17 | notice of his reasons to the
dealer within 60 days of | ||||||
| 18 | notice to the manufacturer by the dealer of
the proposed | ||||||
| 19 | change. If the manufacturer does not send a letter to the
| ||||||
| 20 | franchisee by certified mail, return receipt requested, | ||||||
| 21 | within 60 days from
receipt by
the manufacturer of the | ||||||
| 22 | proposed change, then the change of the
executive | ||||||
| 23 | management control of the franchisee shall be deemed
| ||||||
| 24 | accepted as proposed by the franchisee, and the | ||||||
| 25 | manufacturer shall give
immediate
effect to such change;
| ||||||
| 26 | (5) to prevent or attempt to prevent by contract or | ||||||
| |||||||
| |||||||
| 1 | otherwise any motor
vehicle dealer from establishing or | ||||||
| 2 | changing the capital structure of his
dealership or the | ||||||
| 3 | means by or through which he finances the operation | ||||||
| 4 | thereof;
provided the dealer meets any reasonable capital | ||||||
| 5 | standards agreed to between
the dealer and the | ||||||
| 6 | manufacturer, distributor or wholesaler, who may require
| ||||||
| 7 | that the sources, method and manner by which the dealer | ||||||
| 8 | finances or intends
to finance its operation, equipment or | ||||||
| 9 | facilities be fully disclosed;
| ||||||
| 10 | (6) to refuse to give effect to or prevent or attempt | ||||||
| 11 | to prevent by
contract or otherwise any motor vehicle | ||||||
| 12 | dealer or any officer, partner or
stockholder of any motor | ||||||
| 13 | vehicle dealer from selling or transferring any
part of the | ||||||
| 14 | interest of any of them to any other person or persons or | ||||||
| 15 | party
or parties unless such sale or transfer is to a | ||||||
| 16 | transferee who would
not otherwise qualify for a new motor | ||||||
| 17 | vehicle dealers license under the "The
Illinois Vehicle | ||||||
| 18 | Code" or unless the franchiser, having the burden of proof,
| ||||||
| 19 | proves that such sale or transfer is to a person or party | ||||||
| 20 | who is not of
good moral character or does not meet the | ||||||
| 21 | franchiser's existing and reasonable
capital standards | ||||||
| 22 | and, with consideration given to the volume of sales and
| ||||||
| 23 | service of the dealership, uniformly applied minimum | ||||||
| 24 | business experience
standards in the market area.
However, | ||||||
| 25 | nothing herein shall be construed to prevent a
franchiser | ||||||
| 26 | from implementing affirmative action programs providing | ||||||
| |||||||
| |||||||
| 1 | business
opportunities for minorities or from complying | ||||||
| 2 | with applicable federal,
State or local law:
| ||||||
| 3 | (A) If the manufacturer intends to refuse to | ||||||
| 4 | approve the sale or
transfer of all or a part of the | ||||||
| 5 | interest, then it shall, within 60 days from
receipt of | ||||||
| 6 | the completed application forms generally utilized by | ||||||
| 7 | a manufacturer
to conduct its review and a copy of all | ||||||
| 8 | agreements regarding the proposed
transfer, send a | ||||||
| 9 | letter by certified mail, return receipt requested, | ||||||
| 10 | advising
the franchisee of any refusal to approve the | ||||||
| 11 | sale or transfer of all or part of
the interest
and | ||||||
| 12 | shall state that the dealer only has 30 days from the | ||||||
| 13 | receipt of the
notice to file with the Motor Vehicle | ||||||
| 14 | Review Board a written protest against
the proposed | ||||||
| 15 | action.
The
notice shall set forth specific criteria | ||||||
| 16 | used to evaluate the prospective
transferee and the | ||||||
| 17 | grounds for refusing to approve the sale or transfer to
| ||||||
| 18 | that transferee. Within 30 days from the franchisee's | ||||||
| 19 | receipt of the
manufacturer's notice, the
franchisee | ||||||
| 20 | may file
with the Board a written protest against the | ||||||
| 21 | proposed action.
| ||||||
| 22 | When a protest has been timely filed, the Board | ||||||
| 23 | shall enter an
order, fixing the date (within 60 days | ||||||
| 24 | of the date of such
order), time, and place of a | ||||||
| 25 | hearing on the protest, required under
Sections 12 and | ||||||
| 26 | 29 of this Act, and send by certified mail, return | ||||||
| |||||||
| |||||||
| 1 | receipt
requested, a copy of the order to the | ||||||
| 2 | manufacturer that filed notice of
intention of the | ||||||
| 3 | proposed action and to the protesting franchisee.
| ||||||
| 4 | The manufacturer shall have the burden of proof to | ||||||
| 5 | establish that good
cause exists to refuse to approve | ||||||
| 6 | the sale or transfer to the transferee. The
| ||||||
| 7 | determination whether good cause exists to refuse to | ||||||
| 8 | approve the sale or
transfer shall be made by the Board | ||||||
| 9 | under subdivisions (6)(B).
The manufacturer shall not | ||||||
| 10 | refuse to approve the sale or transfer
by
a dealer or | ||||||
| 11 | an officer, partner, or stockholder of a franchise or | ||||||
| 12 | any part
of the interest to any person or persons | ||||||
| 13 | before the hearing process is
concluded as prescribed | ||||||
| 14 | by this Act, and thereafter if the Board determines
| ||||||
| 15 | that the manufacturer has failed to meet its burden of | ||||||
| 16 | proof and that good
cause does not exist to refuse to | ||||||
| 17 | approve the sale or transfer to the
transferee.
| ||||||
| 18 | (B) Good cause to refuse to approve such sale or | ||||||
| 19 | transfer under this
Section is established when such | ||||||
| 20 | sale or transfer is to a transferee who would
not | ||||||
| 21 | otherwise qualify for a new motor vehicle dealers | ||||||
| 22 | license under the "The
Illinois Vehicle Code" or such | ||||||
| 23 | sale or transfer is to a person or party who is
not of | ||||||
| 24 | good moral character or does not meet the franchiser's | ||||||
| 25 | existing and
reasonable capital standards and, with | ||||||
| 26 | consideration given to the volume of
sales and service | ||||||
| |||||||
| |||||||
| 1 | of the dealership, uniformly applied minimum business
| ||||||
| 2 | experience standards in the market area.
| ||||||
| 3 | (7) to obtain money, goods, services, anything of | ||||||
| 4 | value, or any other
benefit from any other person with whom | ||||||
| 5 | the motor vehicle dealer does business,
on account of or in | ||||||
| 6 | relation to the transactions between the dealer and
the | ||||||
| 7 | other person as compensation, except for services actually | ||||||
| 8 | rendered,
unless such benefit is promptly accounted for and | ||||||
| 9 | transmitted to the motor
vehicle dealer;
| ||||||
| 10 | (8) to grant an additional franchise in the relevant | ||||||
| 11 | market area of an
existing franchise of the same line make | ||||||
| 12 | or to relocate an existing motor
vehicle dealership within | ||||||
| 13 | or into a relevant market area of an existing
franchise of | ||||||
| 14 | the same line make.
However, if the manufacturer wishes to
| ||||||
| 15 | grant such an additional franchise to an independent person | ||||||
| 16 | in a bona fide
relationship in which such person is | ||||||
| 17 | prepared to make a significant
investment subject to loss | ||||||
| 18 | in such a dealership, or if the manufacturer
wishes to | ||||||
| 19 | relocate an existing motor vehicle dealership, then the
| ||||||
| 20 | manufacturer shall send a letter
by certified mail, return | ||||||
| 21 | receipt requested, to each existing dealer or dealers
of | ||||||
| 22 | the same line make whose relevant
market area includes the | ||||||
| 23 | proposed location of the additional or relocated
franchise | ||||||
| 24 | at least
60 days before the manufacturer grants an | ||||||
| 25 | additional franchise or relocates an
existing franchise of | ||||||
| 26 | the same line make within or into the relevant market
area | ||||||
| |||||||
| |||||||
| 1 | of an existing
franchisee of the same line make. Each | ||||||
| 2 | notice shall set forth the specific
grounds for the | ||||||
| 3 | proposed grant of an additional or relocation of an | ||||||
| 4 | existing
franchise and shall state that the dealer has only | ||||||
| 5 | 30 days from the date of receipt of the notice to file with | ||||||
| 6 | the Motor Vehicle Review Board a written protest against | ||||||
| 7 | the proposed action. Unless the parties agree upon the | ||||||
| 8 | grant or establishment of the
additional or relocated | ||||||
| 9 | franchise within 30 days from the date the
notice was
| ||||||
| 10 | received by the existing franchisee of the same line make | ||||||
| 11 | or any person
entitled to receive such notice, the | ||||||
| 12 | franchisee or other person may file
with the Board a | ||||||
| 13 | written protest against the grant or establishment of the
| ||||||
| 14 | proposed additional or relocated franchise.
| ||||||
| 15 | When a protest has been timely filed, the Board shall | ||||||
| 16 | enter an order
fixing a date (within 60 days of the date of | ||||||
| 17 | the order), time,
and place of a hearing on the protest, | ||||||
| 18 | required under Sections 12 and 29
of this Act, and send by | ||||||
| 19 | certified or registered mail, return receipt
requested, a | ||||||
| 20 | copy of the order to the manufacturer that filed the notice | ||||||
| 21 | of
intention to grant or establish the proposed additional | ||||||
| 22 | or relocated
franchise and to the protesting dealer or | ||||||
| 23 | dealers of the same line make
whose
relevant market area | ||||||
| 24 | includes the proposed location of the additional or
| ||||||
| 25 | relocated franchise.
| ||||||
| 26 | When more than one protest is filed against the grant | ||||||
| |||||||
| |||||||
| 1 | or establishment of
the
additional or relocated franchise | ||||||
| 2 | of the same line make, the Board may
consolidate the | ||||||
| 3 | hearings to expedite disposition of the matter. The
| ||||||
| 4 | manufacturer shall have the burden of proof to establish | ||||||
| 5 | that good cause
exists to allow the grant or establishment | ||||||
| 6 | of the additional or relocated
franchise. The manufacturer | ||||||
| 7 | may not grant or establish the additional
franchise or | ||||||
| 8 | relocate the existing franchise before the hearing process | ||||||
| 9 | is
concluded as prescribed by this Act, and thereafter if | ||||||
| 10 | the Board determines
that the manufacturer has failed to | ||||||
| 11 | meet its burden of proof and that good
cause does not exist | ||||||
| 12 | to allow the grant or establishment of the additional
| ||||||
| 13 | franchise or relocation of the existing franchise.
| ||||||
| 14 | The determination whether good cause exists for | ||||||
| 15 | allowing the grant or
establishment of an additional | ||||||
| 16 | franchise or relocated existing franchise,
shall be made by | ||||||
| 17 | the Board under subsection (c) of Section 12 of this Act.
| ||||||
| 18 | If the manufacturer seeks to enter
into a contract, | ||||||
| 19 | agreement or other arrangement with any person,
| ||||||
| 20 | establishing any additional motor vehicle dealership or | ||||||
| 21 | other facility,
limited to the sale of factory repurchase | ||||||
| 22 | vehicles or late model vehicles,
then the manufacturer | ||||||
| 23 | shall follow the notice procedures set forth in this
| ||||||
| 24 | Section and the
determination whether good cause exists for | ||||||
| 25 | allowing the proposed agreement
shall be made by the Board | ||||||
| 26 | under subsection (c) of Section 12, with the
manufacturer | ||||||
| |||||||
| |||||||
| 1 | having
the burden of proof.
| ||||||
| 2 | A. (Blank).
| ||||||
| 3 | B. For the purposes of this Section, appointment of | ||||||
| 4 | a successor motor
vehicle dealer at the same location | ||||||
| 5 | as its predecessor, or within 2 miles
of such location,
| ||||||
| 6 | or the relocation of an existing dealer or franchise | ||||||
| 7 | within 2 miles of
the relocating dealer's or | ||||||
| 8 | franchisee's existing location,
shall not be construed | ||||||
| 9 | as a grant, establishment or the
entering into of an | ||||||
| 10 | additional franchise or selling agreement, or a
| ||||||
| 11 | relocation of an existing franchise. The reopening
of a | ||||||
| 12 | motor vehicle dealership that has not been in operation | ||||||
| 13 | for 18 months
or more shall be deemed the grant of an | ||||||
| 14 | additional franchise or selling
agreement.
| ||||||
| 15 | C. This Section does not apply to the relocation of | ||||||
| 16 | an existing
dealership or franchise in a county having | ||||||
| 17 | a population of more than
300,000 persons when the new | ||||||
| 18 | location is within the dealer's current
relevant | ||||||
| 19 | market area, provided the new location is more than 7 | ||||||
| 20 | miles from
the nearest dealer of the same line make. | ||||||
| 21 | This Section does not apply to
the relocation of an | ||||||
| 22 | existing dealership or franchise in a county having a
| ||||||
| 23 | population of less than 300,000 persons when the new | ||||||
| 24 | location is within the
dealer's current relevant | ||||||
| 25 | market area, provided the new location is more
than 12 | ||||||
| 26 | miles from the nearest dealer of the same line make. A | ||||||
| |||||||
| |||||||
| 1 | dealer that would be farther away
from the new location | ||||||
| 2 | of an existing dealership or
franchise of the same line | ||||||
| 3 | make after a relocation may not
file a written protest | ||||||
| 4 | against the relocation with the
Motor Vehicle Review | ||||||
| 5 | Board.
| ||||||
| 6 | D. Nothing in this Section shall be construed to | ||||||
| 7 | prevent a
franchiser from implementing affirmative | ||||||
| 8 | action programs providing business
opportunities for | ||||||
| 9 | minorities or from complying with applicable federal,
| ||||||
| 10 | State or local law;
| ||||||
| 11 | (9) to require a motor vehicle dealer to assent to a | ||||||
| 12 | release, assignment,
novation, waiver or estoppel which | ||||||
| 13 | would relieve any person from liability
imposed by this | ||||||
| 14 | Act;
| ||||||
| 15 | (10) to prevent or refuse to give effect to the | ||||||
| 16 | succession to the
ownership or management control of a | ||||||
| 17 | dealership by any legatee under the
will of a dealer or to | ||||||
| 18 | an heir under the laws of descent and distribution
of this | ||||||
| 19 | State unless the franchisee has designated a successor to | ||||||
| 20 | the ownership
or management control under the succession | ||||||
| 21 | provisions of the franchise.
Unless the
franchiser, having | ||||||
| 22 | the burden of proof, proves that the successor
is a person | ||||||
| 23 | who is not of good moral character or does not meet the
| ||||||
| 24 | franchiser's existing and reasonable capital standards | ||||||
| 25 | and, with consideration
given to the volume of sales and | ||||||
| 26 | service of the dealership, uniformly applied
minimum | ||||||
| |||||||
| |||||||
| 1 | business experience standards in the market area, any | ||||||
| 2 | designated
successor of a dealer or franchisee may succeed | ||||||
| 3 | to the ownership or management
control of a dealership | ||||||
| 4 | under the existing franchise if:
| ||||||
| 5 | (i) The designated successor gives the | ||||||
| 6 | franchiser written notice by
certified mail, | ||||||
| 7 | return receipt requested, of his or her intention | ||||||
| 8 | to succeed to
the ownership of the dealer within 60 | ||||||
| 9 | days of the dealer's death or incapacity;
and
| ||||||
| 10 | (ii) The designated successor agrees to be | ||||||
| 11 | bound by all the terms
and
conditions of the | ||||||
| 12 | existing franchise.
| ||||||
| 13 | Notwithstanding the foregoing, in the event the motor | ||||||
| 14 | vehicle dealer or
franchisee and manufacturer have duly | ||||||
| 15 | executed an agreement concerning
succession rights prior | ||||||
| 16 | to the dealer's death or incapacitation, the agreement
| ||||||
| 17 | shall be observed.
| ||||||
| 18 | (A) If the franchiser intends to refuse to honor | ||||||
| 19 | the successor to the
ownership of a deceased or | ||||||
| 20 | incapacitated dealer or franchisee under an
existing | ||||||
| 21 | franchise agreement, the franchiser shall send a | ||||||
| 22 | letter by certified
mail, return receipt requested, to | ||||||
| 23 | the
designated successor within
60 days
from receipt of | ||||||
| 24 | a proposal advising of its intent to refuse to honor | ||||||
| 25 | the
succession and to discontinue the existing | ||||||
| 26 | franchise agreement
and shall state that the | ||||||
| |||||||
| |||||||
| 1 | designated successor only has 30 days from the
receipt | ||||||
| 2 | of the notice to file with the Motor Vehicle Review | ||||||
| 3 | Board a written
protest against the proposed action.
| ||||||
| 4 | The notice shall set forth the
specific grounds for the | ||||||
| 5 | refusal to honor the succession and discontinue the
| ||||||
| 6 | existing franchise agreement.
| ||||||
| 7 | If notice of refusal is not timely served upon the | ||||||
| 8 | designated
successor,
the franchise agreement shall | ||||||
| 9 | continue in effect subject to termination only as
| ||||||
| 10 | otherwise permitted by paragraph (6) of subsection (d) | ||||||
| 11 | of Section 4 of this
Act.
| ||||||
| 12 | Within 30 days from the date the notice was | ||||||
| 13 | received by the
designated
successor or any other | ||||||
| 14 | person entitled to notice, the designee or other
person | ||||||
| 15 | may file with the Board a written protest against the | ||||||
| 16 | proposed action.
| ||||||
| 17 | When a protest has been timely filed, the Board | ||||||
| 18 | shall enter an
order,
fixing a date (within 60 days of | ||||||
| 19 | the date of the order), time,
and place of a hearing on | ||||||
| 20 | the protest, required under Sections 12 and 29
of this | ||||||
| 21 | Act, and send by certified mail, return receipt | ||||||
| 22 | requested, a copy of
the order to the franchiser that | ||||||
| 23 | filed the notice of intention of the
proposed action | ||||||
| 24 | and to the protesting designee or such other person.
| ||||||
| 25 | The manufacturer shall have the burden of proof to | ||||||
| 26 | establish that good
cause exists to refuse to honor the | ||||||
| |||||||
| |||||||
| 1 | succession and discontinue the existing
franchise | ||||||
| 2 | agreement. The determination whether good cause exists | ||||||
| 3 | to refuse to
honor the succession shall be made by the | ||||||
| 4 | Board under subdivision (B) of this
paragraph (10). The | ||||||
| 5 | manufacturer shall not refuse to honor the succession | ||||||
| 6 | or
discontinue the existing franchise agreement before | ||||||
| 7 | the hearing process is
concluded as prescribed by this | ||||||
| 8 | Act, and thereafter if the Board determines
that it has | ||||||
| 9 | failed to meet its burden of proof and that good cause | ||||||
| 10 | does not
exist to refuse to honor the succession and | ||||||
| 11 | discontinue the existing
franchise agreement.
| ||||||
| 12 | (B) No manufacturer shall impose any conditions | ||||||
| 13 | upon honoring the
succession and continuing the | ||||||
| 14 | existing franchise agreement with the designated
| ||||||
| 15 | successor other than that the franchisee has | ||||||
| 16 | designated a successor to the
ownership or management | ||||||
| 17 | control under the succession provisions of the
| ||||||
| 18 | franchise, or that the designated successor is of good | ||||||
| 19 | moral character or meets
the reasonable capital | ||||||
| 20 | standards and, with consideration given to the volume | ||||||
| 21 | of
sales and service of the dealership, uniformly | ||||||
| 22 | applied minimum business
experience standards in the | ||||||
| 23 | market area;
| ||||||
| 24 | (11) to prevent or refuse to approve a proposal to | ||||||
| 25 | establish a successor
franchise at a location previously | ||||||
| 26 | approved by the franchiser when submitted
with the | ||||||
| |||||||
| |||||||
| 1 | voluntary termination by the existing franchisee unless | ||||||
| 2 | the successor
franchisee would not otherwise qualify for a | ||||||
| 3 | new motor vehicle dealer's
license under the Illinois | ||||||
| 4 | Vehicle Code or unless the franchiser, having
the burden of | ||||||
| 5 | proof, proves that such proposed successor is not of good
| ||||||
| 6 | moral character or does not meet the franchiser's existing | ||||||
| 7 | and reasonable
capital standards and, with consideration | ||||||
| 8 | given to the volume of sales and
service of the dealership, | ||||||
| 9 | uniformly applied minimum business experience
standards in | ||||||
| 10 | the market area. However, when such a rejection
of a | ||||||
| 11 | proposal is made, the manufacturer shall give written | ||||||
| 12 | notice of its
reasons to the franchisee within 60 days of | ||||||
| 13 | receipt by the manufacturer
of the proposal. However, | ||||||
| 14 | nothing herein shall be construed
to prevent a franchiser | ||||||
| 15 | from implementing affirmative action programs providing
| ||||||
| 16 | business opportunities for minorities, or from complying | ||||||
| 17 | with applicable
federal, State or local law;
| ||||||
| 18 | (12) to prevent or refuse to grant a franchise to a | ||||||
| 19 | person because such
person owns, has investment in or | ||||||
| 20 | participates in the management of or holds
a franchise for | ||||||
| 21 | the sale of another make or line of motor vehicles within
7 | ||||||
| 22 | miles of the proposed franchise location in a county having | ||||||
| 23 | a population
of more than 300,000 persons, or within 12 | ||||||
| 24 | miles of the proposed franchise
location in a county having | ||||||
| 25 | a population of less than 300,000
persons; or
| ||||||
| 26 | (13) to prevent or attempt to prevent any new motor | ||||||
| |||||||
| |||||||
| 1 | vehicle dealer
from establishing any additional motor | ||||||
| 2 | vehicle dealership or other facility
limited to the sale of | ||||||
| 3 | factory repurchase vehicles or late model vehicles
or | ||||||
| 4 | otherwise offering for sale factory repurchase vehicles of | ||||||
| 5 | the same line
make at an existing franchise by failing to | ||||||
| 6 | make
available any contract, agreement or other | ||||||
| 7 | arrangement which is made
available or otherwise offered to | ||||||
| 8 | any person.
| ||||||
| 9 | (f) It is deemed a violation for a manufacturer, a | ||||||
| 10 | distributor, a wholesaler,
a distributor
branch or division, a | ||||||
| 11 | factory branch or division, or a wholesale branch or
division, | ||||||
| 12 | or
officer, agent, broker, shareholder, except a shareholder of | ||||||
| 13 | 1% or less of the
outstanding
shares of any class of securities | ||||||
| 14 | of a manufacturer, distributor, or wholesaler
which is a
| ||||||
| 15 | publicly traded corporation, or other representative, directly | ||||||
| 16 | or indirectly,
to own or
operate a place of business as a motor | ||||||
| 17 | vehicle franchisee or motor vehicle
financing
affiliate, | ||||||
| 18 | except that, this subsection shall not prohibit: | ||||||
| 19 | (1) the ownership or
operation of a
place of business | ||||||
| 20 | by a manufacturer, distributor, or wholesaler for a period,
| ||||||
| 21 | not to exceed
18 months, during the transition from one | ||||||
| 22 | motor vehicle franchisee to another;
| ||||||
| 23 | (2) the
investment in a motor vehicle franchisee by a | ||||||
| 24 | manufacturer, distributor, or
wholesaler if
the investment | ||||||
| 25 | is for the sole purpose of enabling a partner or | ||||||
| 26 | shareholder in
that motor
vehicle franchisee to acquire an | ||||||
| |||||||
| |||||||
| 1 | interest in that motor vehicle franchisee and
that partner
| ||||||
| 2 | or shareholder is not otherwise employed by or associated | ||||||
| 3 | with the
manufacturer,
distributor, or wholesaler and | ||||||
| 4 | would not otherwise have the requisite capital
investment
| ||||||
| 5 | funds to invest in the motor vehicle franchisee, and has | ||||||
| 6 | the right to purchase
the entire
equity interest of the | ||||||
| 7 | manufacturer, distributor, or wholesaler in the motor
| ||||||
| 8 | vehicle
franchisee within a reasonable period of time not | ||||||
| 9 | to exceed 5 years; or
| ||||||
| 10 | (3) the ownership or operation of a place of business | ||||||
| 11 | by a manufacturer that manufactures only diesel engines for | ||||||
| 12 | installation in trucks having a gross vehicle weight rating | ||||||
| 13 | of more than 16,000 pounds that are required to be | ||||||
| 14 | registered under the Illinois Vehicle Code, provided that: | ||||||
| 15 | (A) the manufacturer does not otherwise | ||||||
| 16 | manufacture, distribute, or sell motor vehicles as | ||||||
| 17 | defined under Section 1-217 of the Illinois Vehicle | ||||||
| 18 | Code; | ||||||
| 19 | (B) the manufacturer owned a place of business and | ||||||
| 20 | it was in operation as of January 1, 2016; | ||||||
| 21 | (C) the manufacturer complies with all obligations | ||||||
| 22 | owed to dealers that are not owned, operated, or | ||||||
| 23 | controlled by the manufacturer, including, but not | ||||||
| 24 | limited to those obligations arising pursuant to | ||||||
| 25 | Section 6; | ||||||
| 26 | (D) to further avoid any acts or practices, the | ||||||
| |||||||
| |||||||
| 1 | effect of which may be to lessen or eliminate | ||||||
| 2 | competition, the manufacturer provides to dealers on | ||||||
| 3 | substantially equal terms access to all support for | ||||||
| 4 | completing repairs, including, but not limited to, | ||||||
| 5 | parts and assemblies, training, and technical service | ||||||
| 6 | bulletins, and other information concerning repairs | ||||||
| 7 | that the manufacturer provides to facilities that are | ||||||
| 8 | owned, operated, or controlled by the manufacturer; | ||||||
| 9 | and | ||||||
| 10 | (E) the manufacturer does not require that | ||||||
| 11 | warranty repair work be performed by a | ||||||
| 12 | manufacturer-owned repair facility and the | ||||||
| 13 | manufacturer provides any dealer that has an agreement | ||||||
| 14 | with the manufacturer to sell and perform warranty | ||||||
| 15 | repairs on the manufacturer's engines the opportunity | ||||||
| 16 | to perform warranty repairs on those engines, | ||||||
| 17 | regardless of whether the dealer sold the truck into | ||||||
| 18 | which the engine was installed. | ||||||
| 19 | (g) Notwithstanding the terms, provisions, or conditions | ||||||
| 20 | of any agreement or
waiver, it shall be deemed a violation for | ||||||
| 21 | a manufacturer, a distributor,
a wholesaler, a distributor | ||||||
| 22 | branch or division, a factory branch or division,
or a | ||||||
| 23 | wholesale branch or division, or officer, agent or other | ||||||
| 24 | representative
thereof, to directly or indirectly condition | ||||||
| 25 | the awarding of a franchise to a
prospective new motor vehicle | ||||||
| 26 | dealer, the addition of a line make or
franchise to an existing | ||||||
| |||||||
| |||||||
| 1 | dealer, the renewal of a franchise of an existing
dealer, the | ||||||
| 2 | approval of the relocation of an existing dealer's facility, or | ||||||
| 3 | the
approval of the sale or transfer of the ownership of a | ||||||
| 4 | franchise on the
willingness of a dealer, proposed new dealer, | ||||||
| 5 | or owner of an interest in the
dealership facility to enter | ||||||
| 6 | into a site control agreement or exclusive use
agreement unless | ||||||
| 7 | separate and reasonable consideration was offered and accepted | ||||||
| 8 | for that agreement. | ||||||
| 9 | For purposes of this subsection (g), the terms "site | ||||||
| 10 | control
agreement" and "exclusive use agreement" include any | ||||||
| 11 | agreement that has
the effect of either (i) requiring that the | ||||||
| 12 | dealer establish or maintain
exclusive dealership facilities; | ||||||
| 13 | or (ii) restricting the ability of the dealer, or
the ability | ||||||
| 14 | of the dealer's lessor in the event the dealership facility is | ||||||
| 15 | being
leased, to transfer, sell, lease, or change the use of | ||||||
| 16 | the dealership premises,
whether by sublease, lease, | ||||||
| 17 | collateral pledge of lease, or other similar agreement. "Site | ||||||
| 18 | control agreement" and "exclusive use agreement" also include a | ||||||
| 19 | manufacturer restricting the ability of a dealer to transfer, | ||||||
| 20 | sell, or lease the dealership premises by right of first | ||||||
| 21 | refusal to purchase or lease, option to purchase, or option to | ||||||
| 22 | lease if the transfer, sale, or lease of the dealership | ||||||
| 23 | premises is to a person who is an immediate family member of | ||||||
| 24 | the dealer. For the purposes of this subsection (g), "immediate | ||||||
| 25 | family member" means a spouse, parent, son, daughter, | ||||||
| 26 | son-in-law, daughter-in-law, brother, and sister. | ||||||
| |||||||
| |||||||
| 1 | If a manufacturer exercises any right of first refusal to | ||||||
| 2 | purchase or lease or option to purchase or lease with regard to | ||||||
| 3 | a transfer, sale, or lease of the dealership premises to a | ||||||
| 4 | person who is not an immediate family member of the dealer, | ||||||
| 5 | then (1) within 60 days from the receipt of the completed | ||||||
| 6 | application forms generally utilized by a manufacturer to | ||||||
| 7 | conduct its review and a copy of all agreements regarding the | ||||||
| 8 | proposed transfer, the manufacturer must notify the dealer of | ||||||
| 9 | its intent to exercise the right of first refusal to purchase | ||||||
| 10 | or lease or option to purchase or lease and (2) the exercise of | ||||||
| 11 | the right of first refusal to purchase or lease or option to | ||||||
| 12 | purchase or lease must result in the dealer receiving | ||||||
| 13 | consideration, terms, and conditions that either are the same | ||||||
| 14 | as or greater than that which they have contracted to receive | ||||||
| 15 | in connection with the proposed transfer, sale, or lease of the | ||||||
| 16 | dealership premises. | ||||||
| 17 | Any provision
contained in any agreement entered into on or | ||||||
| 18 | after November 25, 2009 (the effective date of Public Act | ||||||
| 19 | 96-824) this amendatory Act of the 96th General Assembly that | ||||||
| 20 | is inconsistent with the provisions of this subsection (g) | ||||||
| 21 | shall be
voidable at the election of the affected dealer, | ||||||
| 22 | prospective dealer, or owner
of an interest in the dealership | ||||||
| 23 | facility. | ||||||
| 24 | (h) For purposes of this subsection: | ||||||
| 25 | "Successor manufacturer" means any motor vehicle | ||||||
| 26 | manufacturer that, on or after January 1, 2009, acquires, | ||||||
| |||||||
| |||||||
| 1 | succeeds to, or
assumes any part of the business of another | ||||||
| 2 | manufacturer, referred to as the
"predecessor manufacturer", | ||||||
| 3 | as the result of any of the following: | ||||||
| 4 | (i) A change in ownership, operation, or control of the | ||||||
| 5 | predecessor
manufacturer by sale or transfer of assets, | ||||||
| 6 | corporate stock or other
equity interest, assignment, | ||||||
| 7 | merger, consolidation, combination, joint
venture, | ||||||
| 8 | redemption, court-approved sale, operation of law or
| ||||||
| 9 | otherwise. | ||||||
| 10 | (ii) The termination, suspension, or cessation of a | ||||||
| 11 | part or all of the
business operations of the predecessor | ||||||
| 12 | manufacturer. | ||||||
| 13 | (iii) The discontinuance of the sale of the product | ||||||
| 14 | line. | ||||||
| 15 | (iv) A change in distribution system by the predecessor | ||||||
| 16 | manufacturer,
whether through a change in distributor or | ||||||
| 17 | the predecessor
manufacturer's decision to cease | ||||||
| 18 | conducting business through a
distributor altogether. | ||||||
| 19 | "Former Franchisee" means a new motor vehicle dealer that | ||||||
| 20 | has entered into a franchise with a predecessor manufacturer | ||||||
| 21 | and that has either: | ||||||
| 22 | (i) entered into a termination agreement or deferred | ||||||
| 23 | termination
agreement with a predecessor or successor | ||||||
| 24 | manufacturer related to
such franchise; or | ||||||
| 25 | (ii) has had such franchise canceled, terminated, | ||||||
| 26 | nonrenewed,
noncontinued, rejected, nonassumed, or | ||||||
| |||||||
| |||||||
| 1 | otherwise ended. | ||||||
| 2 | For a period of 3 years from: (i) the date that a successor | ||||||
| 3 | manufacturer acquires, succeeds to, or assumes any part of the | ||||||
| 4 | business of a predecessor manufacturer; (ii) the last day that | ||||||
| 5 | a former franchisee is authorized to remain in business as a | ||||||
| 6 | franchised dealer with respect to a particular franchise under | ||||||
| 7 | a termination agreement or deferred termination agreement with | ||||||
| 8 | a predecessor or successor manufacturer; (iii) the last day | ||||||
| 9 | that a former franchisee that was cancelled, terminated, | ||||||
| 10 | nonrenewed, noncontinued, rejected, nonassumed, or otherwise | ||||||
| 11 | ended by a predecessor or successor manufacturer is authorized | ||||||
| 12 | to remain in business as a franchised dealer with respect to a | ||||||
| 13 | particular franchise; or (iv) November 25, 2009 (the effective | ||||||
| 14 | date of Public Act 96-824) this amendatory Act of the 96th | ||||||
| 15 | General Assembly, whichever is latest, it shall be unlawful for | ||||||
| 16 | such successor manufacturer to enter into a same line make | ||||||
| 17 | franchise with any
person or to permit the relocation of any | ||||||
| 18 | existing same line
make franchise, for a line make of the | ||||||
| 19 | predecessor manufacturer that would be located or
relocated | ||||||
| 20 | within the relevant market area of a former franchisee who | ||||||
| 21 | owned or leased a
dealership facility in that relevant market | ||||||
| 22 | area without first offering the additional or relocated
| ||||||
| 23 | franchise to the former franchisee, or the designated successor | ||||||
| 24 | of such former franchisee in the
event the former franchisee is | ||||||
| 25 | deceased or a person with a disability, at no cost and without | ||||||
| 26 | any requirements or
restrictions other than those imposed | ||||||
| |||||||
| |||||||
| 1 | generally on the manufacturer's other franchisees at that
time, | ||||||
| 2 | unless one of the following applies: | ||||||
| 3 | (1) As a result of the former franchisee's | ||||||
| 4 | cancellation, termination,
noncontinuance, or nonrenewal | ||||||
| 5 | of the franchise, the predecessor
manufacturer had | ||||||
| 6 | consolidated the line make with another of its line makes
| ||||||
| 7 | for which the predecessor manufacturer had a franchisee | ||||||
| 8 | with a then-existing
dealership facility located within | ||||||
| 9 | that relevant market area. | ||||||
| 10 | (2) The successor manufacturer has paid the former | ||||||
| 11 | franchisee, or the
designated successor of such former | ||||||
| 12 | franchisee in the event the former
franchisee is deceased | ||||||
| 13 | or a person with a disability, the fair market value of the | ||||||
| 14 | former
franchisee's franchise on (i) the date the | ||||||
| 15 | franchisor announces the action which results in the | ||||||
| 16 | termination, cancellation, or nonrenewal; or (ii) the date | ||||||
| 17 | the action which results in termination, cancellation, or | ||||||
| 18 | nonrenewal first became general knowledge; or (iii) the day | ||||||
| 19 | 12 months prior to the date on which the notice of | ||||||
| 20 | termination, cancellation, or nonrenewal is issued, | ||||||
| 21 | whichever amount is higher. Payment is due within 90 days | ||||||
| 22 | of the effective date of the termination, cancellation, or | ||||||
| 23 | nonrenewal. If the termination, cancellation, or | ||||||
| 24 | nonrenewal is due to a manufacturer's change in | ||||||
| 25 | distributors, the manufacturer may avoid paying fair | ||||||
| 26 | market value to the dealer if the new distributor or the | ||||||
| |||||||
| |||||||
| 1 | manufacturer offers the dealer a franchise agreement with | ||||||
| 2 | terms acceptable to the dealer. | ||||||
| 3 | (3) The successor manufacturer proves that it would | ||||||
| 4 | have had good cause to terminate the franchise agreement of | ||||||
| 5 | the former franchisee, or the successor of the former | ||||||
| 6 | franchisee under item (e)(10) in the event that the former | ||||||
| 7 | franchisee is deceased or a person with a disability. The | ||||||
| 8 | determination of whether the successor manufacturer would | ||||||
| 9 | have had good cause to terminate the franchise agreement of | ||||||
| 10 | the former franchisee, or the successor of the former | ||||||
| 11 | franchisee, shall be made by the Board under subsection (d) | ||||||
| 12 | of Section 12. A successor manufacturer that seeks to | ||||||
| 13 | assert that it would have had good cause to terminate a | ||||||
| 14 | former franchisee, or the successor of the former | ||||||
| 15 | franchisee, must file a petition seeking a hearing on this | ||||||
| 16 | issue before the Board and shall have the burden of proving | ||||||
| 17 | that it would have had good cause to terminate the former | ||||||
| 18 | franchisee or the successor of the former franchisee. No | ||||||
| 19 | successor dealer, other than the former franchisee, may be | ||||||
| 20 | appointed or franchised by the successor manufacturer | ||||||
| 21 | within the relevant market area of the former franchisee | ||||||
| 22 | until the Board has held a hearing and rendered a | ||||||
| 23 | determination on the issue of whether the successor | ||||||
| 24 | manufacturer would have had good cause to terminate the | ||||||
| 25 | former franchisee. | ||||||
| 26 | In the event that a successor manufacturer attempts to | ||||||
| |||||||
| |||||||
| 1 | enter into a same line make franchise with any person or to | ||||||
| 2 | permit the relocation of any existing line make franchise under | ||||||
| 3 | this subsection (h) at a location that is within the relevant | ||||||
| 4 | market area of 2 or more former franchisees, then the successor | ||||||
| 5 | manufacturer may not offer it to any person other than one of | ||||||
| 6 | those former franchisees unless the successor manufacturer can | ||||||
| 7 | prove that at least one of the 3 exceptions in items (1), (2), | ||||||
| 8 | and (3) of this subsection (h) applies to each of those former | ||||||
| 9 | franchisees. | ||||||
| 10 | (Source: P.A. 99-143, eff. 7-27-15; 99-844, eff. 8-19-16; | ||||||
| 11 | revised 10-27-16.)
| ||||||
| 12 | Section 820. The Earned Income Tax Credit Information Act | ||||||
| 13 | is amended by changing Section 5 as follows:
| ||||||
| 14 | (820 ILCS 170/5) (from Ch. 48, par. 2755)
| ||||||
| 15 | Sec. 5. Declaration of public policy. In order to alleviate
| ||||||
| 16 | the tax burden of low-income persons in Illinois who have | ||||||
| 17 | earned
income and support one or more dependent children, the | ||||||
| 18 | State
should facilitate the furnishing of information to such | ||||||
| 19 | persons
about the availability of the federal earned income tax | ||||||
| 20 | credit
so that eligible taxpayers may claim that credit on | ||||||
| 21 | their federal
income tax returns. It is the intent of this Act | ||||||
| 22 | to offer the
most cost-effective assistance to eligible | ||||||
| 23 | taxpayers through
notices provided by their employers and by | ||||||
| 24 | State government.
| ||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | (Source: P.A. 87-598; revised 9-15-16.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | Section 995. No acceleration or delay. Where this Act makes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | changes in a statute that is represented in this Act by text | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | that is not yet or no longer in effect (for example, a Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | represented by multiple versions), the use of that text does | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | not accelerate or delay the taking effect of (i) the changes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | made by this Act or (ii) provisions derived from any other | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | Public Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | Section 996. No revival or extension. This Act does not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 10 | revive or extend any Section or Act otherwise repealed.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 11 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12 | becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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