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1 | | AN ACT to revise the law by combining multiple enactments |
2 | | and making technical corrections.
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3 | | Be it enacted by the People of the State of Illinois,
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4 | | represented in the General Assembly:
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5 | | Section 1. Nature of this Act. |
6 | | (a) This Act may be cited as the First 2015 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 In certain cases in which a repealed Act or Section |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16 | | incorporate amendments to the repealed Act or Section into the |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 |
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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 98-590 through 98-1173 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.
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9 | | Section 5. The Effective Date of Laws Act is amended by |
10 | | changing Section 6 as follows:
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11 | | (5 ILCS 75/6) (from Ch. 1, par. 1206)
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12 | | Sec. 6.
As used in this Act , "Constitution" means the |
13 | | Constitution of the
State of Illinois of 1970.
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14 | | (Source: P.A. 78-85; revised 11-25-14.)
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15 | | Section 10. The Regulatory Sunset Act is amended by |
16 | | changing Section 4.27 as follows:
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17 | | (5 ILCS 80/4.27) |
18 | | Sec. 4.27. Acts repealed on January 1, 2017. The following
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19 | | are repealed on January 1, 2017:
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20 | | The Illinois Optometric Practice Act of 1987. |
21 | | The Clinical Psychologist Licensing Act. |
22 | | The Boiler and Pressure Vessel Repairer Regulation Act. |
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1 | | Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC, XVII,
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2 | | XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code. |
3 | | (Source: P.A. 94-787, eff. 5-19-06; 94-870, eff. 6-16-06; |
4 | | 94-956, eff. 6-27-06; 94-1076, eff. 12-29-06; 95-331, eff. |
5 | | 8-21-07; 95-876, eff. 8-21-08; revised 11-25-14.)
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6 | | Section 15. The Illinois Administrative Procedure Act is |
7 | | amended by changing Section 10-40 as follows:
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8 | | (5 ILCS 100/10-40) (from Ch. 127, par. 1010-40)
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9 | | Sec. 10-40. Rules of evidence; official notice. In |
10 | | contested cases:
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11 | | (a) Irrelevant, immaterial, or unduly repetitious evidence |
12 | | shall be
excluded. The rules of evidence and privilege as |
13 | | applied in civil cases
in the circuit courts of this State |
14 | | shall be followed. Evidence not
admissible under those rules of |
15 | | evidence may be admitted, however, (except
where precluded by |
16 | | statute) if it is of a type commonly relied upon by
reasonably |
17 | | prudent men in the conduct of their affairs. Objections to
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18 | | evidentiary offers may be made and shall be noted in the |
19 | | record. Subject
to these requirements, when a hearing will be |
20 | | expedited and the interests
of the parties will not be |
21 | | prejudiced, any part of the evidence may be
received in written |
22 | | form.
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23 | | (b) Subject to the evidentiary requirements of subsection |
24 | | (a) of this
Section , a party may conduct cross-examination |
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1 | | required for a full and fair
disclosure of the facts.
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2 | | (c) Notice may be taken of matters of which the circuit |
3 | | courts of this
State may take judicial notice. In addition, |
4 | | notice may be taken of
generally recognized technical or |
5 | | scientific facts within the agency's
specialized knowledge. |
6 | | Parties shall be notified either before or during
the hearing, |
7 | | or by reference in preliminary reports or otherwise, of the
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8 | | material noticed, including any staff memoranda or data, and |
9 | | they shall be
afforded an opportunity to contest the material |
10 | | so noticed. The agency's
experience, technical competence, and |
11 | | specialized knowledge may be utilized
in the evaluation of the |
12 | | evidence.
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13 | | (Source: P.A. 87-823; revised 11-25-14.)
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14 | | Section 20. The Open Meetings Act is amended by changing |
15 | | Section 2 as follows:
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16 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
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17 | | Sec. 2. Open meetings.
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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.
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21 | | (b) Construction of exceptions. The exceptions contained |
22 | | in subsection
(c) are in derogation of the requirement that |
23 | | public bodies
meet in the open, and therefore, the exceptions |
24 | | are to be strictly
construed, extending only to subjects |
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1 | | clearly within their scope.
The exceptions authorize but do not |
2 | | require the holding of
a closed meeting to discuss a subject |
3 | | included within an enumerated exception.
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4 | | (c) Exceptions. A public body may hold closed meetings to |
5 | | consider the
following subjects:
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6 | | (1) The appointment, employment, compensation, |
7 | | discipline, performance,
or dismissal of specific |
8 | | employees of the public body or legal counsel for
the |
9 | | public body, including hearing
testimony on a complaint |
10 | | lodged against an employee of the public body or
against |
11 | | legal counsel for the public body to determine its |
12 | | validity.
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13 | | (2) Collective negotiating matters between the public |
14 | | body and its
employees or their representatives, or |
15 | | deliberations concerning salary
schedules for one or more |
16 | | classes of employees.
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17 | | (3) The selection of a person to fill a public office,
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18 | | as defined in this Act, including a vacancy in a public |
19 | | office, when the public
body is given power to appoint |
20 | | under law or ordinance, or the discipline,
performance or |
21 | | removal of the occupant of a public office, when the public |
22 | | body
is given power to remove the occupant under law or |
23 | | ordinance.
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24 | | (4) Evidence or testimony presented in open hearing, or |
25 | | in closed
hearing where specifically authorized by law, to
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26 | | a quasi-adjudicative body, as defined in this Act, provided |
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1 | | that the body
prepares and makes available for public |
2 | | inspection a written decision
setting forth its |
3 | | determinative reasoning.
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4 | | (5) The purchase or lease of real property for the use |
5 | | of
the public body, including meetings held for the purpose |
6 | | of discussing
whether a particular parcel should be |
7 | | acquired.
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8 | | (6) The setting of a price for sale or lease of |
9 | | property owned
by the public body.
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10 | | (7) The sale or purchase of securities, investments, or |
11 | | investment
contracts. This exception shall not apply to the |
12 | | investment of assets or income of funds deposited into the |
13 | | Illinois Prepaid Tuition Trust Fund.
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14 | | (8) Security procedures and the use of personnel and
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15 | | equipment to respond to an actual, a threatened, or a |
16 | | reasonably
potential danger to the safety of employees, |
17 | | students, staff, the public, or
public
property.
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18 | | (9) Student disciplinary cases.
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19 | | (10) The placement of individual students in special |
20 | | education
programs and other matters relating to |
21 | | individual students.
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22 | | (11) Litigation, when an action against, affecting or |
23 | | on behalf of the
particular public body has been filed and |
24 | | is pending before a court or
administrative tribunal, or |
25 | | when the public body finds that an action is
probable or |
26 | | imminent, in which case the basis for the finding shall be
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1 | | recorded and entered into the minutes of the closed |
2 | | meeting.
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3 | | (12) The establishment of reserves or settlement of |
4 | | claims as provided
in the Local Governmental and |
5 | | Governmental Employees Tort Immunity Act, if
otherwise the |
6 | | disposition of a claim or potential claim might be
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7 | | prejudiced, or the review or discussion of claims, loss or |
8 | | risk management
information, records, data, advice or |
9 | | communications from or with respect
to any insurer of the |
10 | | public body or any intergovernmental risk management
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11 | | association or self insurance pool of which the public body |
12 | | is a member.
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13 | | (13) Conciliation of complaints of discrimination in |
14 | | the sale or rental
of housing, when closed meetings are |
15 | | authorized by the law or ordinance
prescribing fair housing |
16 | | practices and creating a commission or
administrative |
17 | | agency for their enforcement.
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18 | | (14) Informant sources, the hiring or assignment of |
19 | | undercover personnel
or equipment, or ongoing, prior or |
20 | | future criminal investigations, when
discussed by a public |
21 | | body with criminal investigatory responsibilities.
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22 | | (15) Professional ethics or performance when |
23 | | considered by an advisory
body appointed to advise a |
24 | | licensing or regulatory agency on matters
germane to the |
25 | | advisory body's field of competence.
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26 | | (16) Self evaluation, practices and procedures or |
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1 | | professional ethics,
when meeting with a representative of |
2 | | a statewide association of which the
public body is a |
3 | | member.
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4 | | (17) The recruitment, credentialing, discipline or |
5 | | formal peer review
of physicians or other
health care |
6 | | professionals for a hospital, or
other institution |
7 | | providing medical care, that is operated by the public |
8 | | body.
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9 | | (18) Deliberations for decisions of the Prisoner |
10 | | Review Board.
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11 | | (19) Review or discussion of applications received |
12 | | under the
Experimental Organ Transplantation Procedures |
13 | | Act.
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14 | | (20) The classification and discussion of matters |
15 | | classified as
confidential or continued confidential by |
16 | | the State Government Suggestion Award
Board.
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17 | | (21) Discussion of minutes of meetings lawfully closed |
18 | | under this Act,
whether for purposes of approval by the |
19 | | body of the minutes or semi-annual
review of the minutes as |
20 | | mandated by Section 2.06.
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21 | | (22) Deliberations for decisions of the State
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22 | | Emergency Medical Services Disciplinary
Review Board.
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23 | | (23) The operation by a municipality of a municipal |
24 | | utility or the
operation of a
municipal power agency or |
25 | | municipal natural gas agency when the
discussion involves |
26 | | (i) contracts relating to the
purchase, sale, or delivery |
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1 | | of electricity or natural gas or (ii) the results
or |
2 | | conclusions of load forecast studies.
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3 | | (24) Meetings of a residential health care facility |
4 | | resident sexual
assault and death review
team or
the |
5 | | Executive
Council under the Abuse Prevention Review
Team |
6 | | Act.
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7 | | (25) Meetings of an independent team of experts under |
8 | | Brian's Law. |
9 | | (26) Meetings of a mortality review team appointed |
10 | | under the Department of Juvenile Justice Mortality Review |
11 | | Team Act. |
12 | | (27) (Blank). |
13 | | (28) Correspondence and records (i) that may not be |
14 | | disclosed under Section 11-9 of the Public Aid Code or (ii) |
15 | | that pertain to appeals under Section 11-8 of the Public |
16 | | Aid Code. |
17 | | (29) Meetings between internal or external auditors |
18 | | and governmental audit committees, finance committees, and |
19 | | their equivalents, when the discussion involves internal |
20 | | control weaknesses, identification of potential fraud risk |
21 | | areas, known or suspected frauds, and fraud interviews |
22 | | conducted in accordance with generally accepted auditing |
23 | | standards of the United States of America. |
24 | | (30) Those meetings or portions of meetings of a |
25 | | fatality review team or the Illinois Fatality Review Team |
26 | | Advisory Council during which a review of the death of an |
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1 | | eligible adult in which abuse or neglect is suspected, |
2 | | alleged, or substantiated is conducted pursuant to Section |
3 | | 15 of the Adult Protective Services Act. |
4 | | (31) Meetings and deliberations for decisions of the |
5 | | Concealed Carry Licensing Review Board under the Firearm |
6 | | Concealed Carry Act. |
7 | | (32) Meetings between the Regional Transportation |
8 | | Authority Board and its Service Boards when the discussion |
9 | | involves review by the Regional Transportation Authority |
10 | | Board of employment contracts under Section 28d of the |
11 | | Metropolitan Transit Authority Act and Sections 3A.18 and |
12 | | 3B.26 of the Regional Transportation Authority Act. |
13 | | (d) Definitions. For purposes of this Section:
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14 | | "Employee" means a person employed by a public body whose |
15 | | relationship
with the public body constitutes an |
16 | | employer-employee relationship under
the usual common law |
17 | | rules, and who is not an independent contractor.
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18 | | "Public office" means a position created by or under the
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19 | | Constitution or laws of this State, the occupant of which is |
20 | | charged with
the exercise of some portion of the sovereign |
21 | | power of this State. The term
"public office" shall include |
22 | | members of the public body, but it shall not
include |
23 | | organizational positions filled by members thereof, whether
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24 | | established by law or by a public body itself, that exist to |
25 | | assist the
body in the conduct of its business.
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26 | | "Quasi-adjudicative body" means an administrative body |
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1 | | charged by law or
ordinance with the responsibility to conduct |
2 | | hearings, receive evidence or
testimony and make |
3 | | determinations based
thereon, but does not include
local |
4 | | electoral boards when such bodies are considering petition |
5 | | challenges.
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6 | | (e) Final action. No final action may be taken at a closed |
7 | | meeting.
Final action shall be preceded by a public recital of |
8 | | the nature of the
matter being considered and other information |
9 | | that will inform the
public of the business being conducted.
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10 | | (Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11; |
11 | | 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff. |
12 | | 8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. |
13 | | 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; revised |
14 | | 10-1-14.)
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15 | | Section 25. The Freedom of Information Act is amended by |
16 | | changing Sections 2 and 7.5 as follows:
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17 | | (5 ILCS 140/2) (from Ch. 116, par. 202)
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18 | | Sec. 2. Definitions. As used in this Act:
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19 | | (a) "Public body" means all legislative,
executive, |
20 | | administrative, or advisory bodies of the State, state |
21 | | universities
and colleges, counties, townships, cities, |
22 | | villages, incorporated towns,
school districts and all other |
23 | | municipal corporations,
boards, bureaus, committees, or |
24 | | commissions of this State, any
subsidiary
bodies of any of the |
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1 | | foregoing including but not limited to committees and
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2 | | subcommittees thereof, and a School Finance Authority created |
3 | | under
Article 1E of the School Code.
"Public body" does not |
4 | | include a child death review team
or the Illinois Child Death |
5 | | Review Teams
Executive Council
established under
the Child |
6 | | Death Review Team Act, or a regional youth advisory board or |
7 | | the Statewide Youth Advisory Board established under the |
8 | | Department of Children and Family Services Statewide Youth |
9 | | Advisory Board Act.
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10 | | (b) "Person" means any individual, corporation, |
11 | | partnership, firm,
organization
or association, acting |
12 | | individually or as a group.
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13 | | (c) "Public records" means all records, reports, forms, |
14 | | writings, letters,
memoranda, books, papers, maps, |
15 | | photographs, microfilms, cards, tapes,
recordings,
electronic |
16 | | data processing records, electronic communications, recorded |
17 | | information and all other
documentary
materials pertaining to |
18 | | the transaction of public business, regardless of physical form |
19 | | or characteristics, having been
prepared by or for, or having |
20 | | been or being used by, received by, in the possession of, or |
21 | | under the
control
of
any public body. |
22 | | (c-5) "Private information" means unique identifiers, |
23 | | including a person's social security number, driver's license |
24 | | number, employee identification number, biometric identifiers, |
25 | | personal financial information, passwords or other access |
26 | | codes, medical records, home or personal telephone numbers, and |
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1 | | personal email addresses. Private information also includes |
2 | | home address and personal license plates, except as otherwise |
3 | | provided by law or when compiled without possibility of |
4 | | attribution to any person. |
5 | | (c-10) "Commercial purpose" means the use of any part of a |
6 | | public record or records, or information derived from public |
7 | | records, in any form for sale, resale, or solicitation or |
8 | | advertisement for sales or services. For purposes of this |
9 | | definition, requests made by news media and non-profit, |
10 | | scientific, or academic organizations shall not be considered |
11 | | to be made for a "commercial purpose" when the principal |
12 | | purpose of the request is (i) to access and disseminate |
13 | | information concerning news and current or passing events, (ii) |
14 | | for articles of opinion or features of interest to the public, |
15 | | or (iii) for the purpose of academic, scientific, or public |
16 | | research or education.
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17 | | (d) "Copying" means the reproduction of any public record |
18 | | by means of any
photographic, electronic, mechanical or other |
19 | | process, device or means now known or hereafter developed and |
20 | | available to the public body.
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21 | | (e) "Head of the public body" means the president, mayor, |
22 | | chairman,
presiding
officer, director, superintendent, |
23 | | manager, supervisor or individual otherwise
holding primary |
24 | | executive and administrative authority for the public
body, or |
25 | | such person's duly authorized designee.
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26 | | (f) "News media" means a newspaper or other periodical |
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1 | | issued at regular
intervals whether in print or electronic |
2 | | format, a news service whether
in print or electronic format, a |
3 | | radio
station, a television station, a television network, a |
4 | | community
antenna television service, or a person or |
5 | | corporation engaged in making news
reels or other motion |
6 | | picture news for public showing.
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7 | | (g) "Recurrent requester", as used in Section 3.2 of this |
8 | | Act, means a person that, in the 12 months immediately |
9 | | preceding the request, has submitted to the same public body |
10 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 |
11 | | requests for records within a 30-day period, or (iii) a minimum |
12 | | of 7 requests for records within a 7-day period. For purposes |
13 | | of this definition, requests made by news media and non-profit, |
14 | | scientific, or academic organizations shall not be considered |
15 | | in calculating the number of requests made in the time periods |
16 | | in this definition when the principal purpose of the requests |
17 | | is (i) to access and disseminate information concerning news |
18 | | and current or passing events, (ii) for articles of opinion or |
19 | | features of interest to the public, or (iii) for the purpose of |
20 | | academic, scientific, or public research or education. |
21 | | For the purposes of this subsection (g), "request" means a |
22 | | written document (or oral request, if the public body chooses |
23 | | to honor oral requests) that is submitted to a public body via |
24 | | personal delivery, mail, telefax, electronic mail, or other |
25 | | means available to the public body and that identifies the |
26 | | particular public record the requester seeks. One request may |
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1 | | identify multiple records to be inspected or copied. |
2 | | (h) "Voluminous request" means a request that: (i) includes |
3 | | more than 5 individual requests for more than 5 different |
4 | | categories of records or a combination of individual requests |
5 | | that total requests for more than 5 different categories of |
6 | | records in a period of 20 business days; or (ii) requires the |
7 | | compilation of more than 500 letter or legal-sized pages of |
8 | | public records unless a single requested record exceeds 500 |
9 | | pages. "Single requested record" may include, but is not |
10 | | limited to, one report, form, e-mail, letter, memorandum, book, |
11 | | map, microfilm, tape, or recording. |
12 | | "Voluminous request" does not include a request made by |
13 | | news media and non-profit, scientific, or academic |
14 | | organizations if the principal purpose of the request is: (1) |
15 | | to access and disseminate information concerning news and |
16 | | current or passing events; (2) for articles of opinion or |
17 | | features of interest to the public; or (3) for the purpose of |
18 | | academic, scientific, or public research or education. |
19 | | For the purposes of this subsection (h), "request" means a |
20 | | written document, or oral request, if the public body chooses |
21 | | to honor oral requests, that is submitted to a public body via |
22 | | personal delivery, mail, telefax, electronic mail, or other |
23 | | means available to the public body and that identifies the |
24 | | particular public record or records the requester seeks. One |
25 | | request may identify multiple individual records to be |
26 | | inspected or copied. |
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1 | | (Source: P.A. 97-579, eff. 8-26-11; 98-806, eff. 1-1-15; |
2 | | 98-1129, eff. 12-3-14; revised 12-19-14.)
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3 | | (5 ILCS 140/7.5) |
4 | | Sec. 7.5. Statutory exemptions Exemptions . To the extent |
5 | | provided for by the statutes referenced below, the following |
6 | | shall be exempt from inspection and copying: |
7 | | (a) All information determined to be confidential |
8 | | under Section 4002 of the Technology Advancement and |
9 | | Development Act. |
10 | | (b) Library circulation and order records identifying |
11 | | library users with specific materials under the Library |
12 | | Records Confidentiality Act. |
13 | | (c) Applications, related documents, and medical |
14 | | records received by the Experimental Organ Transplantation |
15 | | Procedures Board and any and all documents or other records |
16 | | prepared by the Experimental Organ Transplantation |
17 | | Procedures Board or its staff relating to applications it |
18 | | has received. |
19 | | (d) Information and records held by the Department of |
20 | | Public Health and its authorized representatives relating |
21 | | to known or suspected cases of sexually transmissible |
22 | | disease or any information the disclosure of which is |
23 | | restricted under the Illinois Sexually Transmissible |
24 | | Disease Control Act. |
25 | | (e) Information the disclosure of which is exempted |
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1 | | under Section 30 of the Radon Industry Licensing Act. |
2 | | (f) Firm performance evaluations under Section 55 of |
3 | | the Architectural, Engineering, and Land Surveying |
4 | | Qualifications Based Selection Act. |
5 | | (g) Information the disclosure of which is restricted |
6 | | and exempted under Section 50 of the Illinois Prepaid |
7 | | Tuition Act. |
8 | | (h) Information the disclosure of which is exempted |
9 | | under the State Officials and Employees Ethics Act, and |
10 | | records of any lawfully created State or local inspector |
11 | | general's office that would be exempt if created or |
12 | | obtained by an Executive Inspector General's office under |
13 | | that Act. |
14 | | (i) Information contained in a local emergency energy |
15 | | plan submitted to a municipality in accordance with a local |
16 | | emergency energy plan ordinance that is adopted under |
17 | | Section 11-21.5-5 of the Illinois Municipal Code. |
18 | | (j) Information and data concerning the distribution |
19 | | of surcharge moneys collected and remitted by wireless |
20 | | carriers under the Wireless Emergency Telephone Safety |
21 | | Act. |
22 | | (k) Law enforcement officer identification information |
23 | | or driver identification information compiled by a law |
24 | | enforcement agency or the Department of Transportation |
25 | | under Section 11-212 of the Illinois Vehicle Code. |
26 | | (l) Records and information provided to a residential |
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1 | | health care facility resident sexual assault and death |
2 | | review team or the Executive Council under the Abuse |
3 | | Prevention Review Team Act. |
4 | | (m) Information provided to the predatory lending |
5 | | database created pursuant to Article 3 of the Residential |
6 | | Real Property Disclosure Act, except to the extent |
7 | | authorized under that Article. |
8 | | (n) Defense budgets and petitions for certification of |
9 | | compensation and expenses for court appointed trial |
10 | | counsel as provided under Sections 10 and 15 of the Capital |
11 | | Crimes Litigation Act. This subsection (n) shall apply |
12 | | until the conclusion of the trial of the case, even if the |
13 | | prosecution chooses not to pursue the death penalty prior |
14 | | to trial or sentencing. |
15 | | (o) Information that is prohibited from being |
16 | | disclosed under Section 4 of the Illinois Health and |
17 | | Hazardous Substances Registry Act. |
18 | | (p) Security portions of system safety program plans, |
19 | | investigation reports, surveys, schedules, lists, data, or |
20 | | information compiled, collected, or prepared by or for the |
21 | | Regional Transportation Authority under Section 2.11 of |
22 | | the Regional Transportation Authority Act or the St. Clair |
23 | | County Transit District under the Bi-State Transit Safety |
24 | | Act. |
25 | | (q) Information prohibited from being disclosed by the |
26 | | Personnel Records Review Act. |
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1 | | (r) Information prohibited from being disclosed by the |
2 | | Illinois School Student Records Act. |
3 | | (s) Information the disclosure of which is restricted |
4 | | under Section 5-108 of the Public Utilities Act.
|
5 | | (t) All identified or deidentified health information |
6 | | in the form of health data or medical records contained in, |
7 | | stored in, submitted to, transferred by, or released from |
8 | | the Illinois Health Information Exchange, and identified |
9 | | or deidentified health information in the form of health |
10 | | data and medical records of the Illinois Health Information |
11 | | Exchange in the possession of the Illinois Health |
12 | | Information Exchange Authority due to its administration |
13 | | of the Illinois Health Information Exchange. The terms |
14 | | "identified" and "deidentified" shall be given the same |
15 | | meaning as in the Health Insurance Accountability and |
16 | | Portability Act of 1996, Public Law 104-191, or any |
17 | | subsequent amendments thereto, and any regulations |
18 | | promulgated thereunder. |
19 | | (u) Records and information provided to an independent |
20 | | team of experts under Brian's Law. |
21 | | (v) Names and information of people who have applied |
22 | | for or received Firearm Owner's Identification Cards under |
23 | | the Firearm Owners Identification Card Act or applied for |
24 | | or received a concealed carry license under the Firearm |
25 | | Concealed Carry Act, unless otherwise authorized by the |
26 | | Firearm Concealed Carry Act; and databases under the |
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1 | | Firearm Concealed Carry Act, records of the Concealed Carry |
2 | | Licensing Review Board under the Firearm Concealed Carry |
3 | | Act, and law enforcement agency objections under the |
4 | | Firearm Concealed Carry Act. |
5 | | (w) Personally identifiable information which is |
6 | | exempted from disclosure under subsection (g) of Section |
7 | | 19.1 of the Toll Highway Act. |
8 | | (x) Information which is exempted from disclosure |
9 | | under Section 5-1014.3 of the Counties Code or Section |
10 | | 8-11-21 of the Illinois Municipal Code. |
11 | | (y) Confidential information under the Adult |
12 | | Protective Services Act and its predecessor enabling |
13 | | statute, the Elder Abuse and Neglect Act, including |
14 | | information about the identity and administrative finding |
15 | | against any caregiver of a verified and substantiated |
16 | | decision of abuse, neglect, or financial exploitation of an |
17 | | eligible adult maintained in the Registry established |
18 | | under Section 7.5 of the Adult Protective Services Act . |
19 | | (z) Records and information provided to a fatality |
20 | | review team or the Illinois Fatality Review Team Advisory |
21 | | Council under Section 15 of the Adult Protective Services |
22 | | Act. |
23 | | (aa) Information which is exempted from disclosure |
24 | | under Section 2.37 of the Wildlife Code. |
25 | | (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, |
26 | | eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, |
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1 | | eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039, |
2 | | eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)
|
3 | | Section 30. The State Records Act is amended by changing |
4 | | Section 15b as follows:
|
5 | | (5 ILCS 160/15b) (from Ch. 116, par. 43.18b)
|
6 | | Sec. 15b. The head of each agency shall:
|
7 | | (1) Determine what records are "essential" for |
8 | | emergency government
operation through consultation with |
9 | | all branches of government, State
agencies, and with the |
10 | | State Civil Defense Agency.
|
11 | | (2) Determine what records are "essential" for |
12 | | post-emergency government
operations and provide for their |
13 | | protection and preservation.
|
14 | | (3) Establish the manner in which essential records for |
15 | | emergency and
post-emergency government operations shall |
16 | | be preserved to ensure insure emergency
usability.
|
17 | | (4) Establish and maintain an essential
records |
18 | | preservation program.
|
19 | | The Secretary may provide for security storage or
|
20 | | relocation of essential State
records in the event of an |
21 | | emergency arising from enemy attack or natural
disaster.
|
22 | | (Source: P.A. 85-414; revised 11-25-14.)
|
23 | | Section 35. The Electronic Commerce Security Act is amended |
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1 | | by changing Section 10-115 as follows:
|
2 | | (5 ILCS 175/10-115)
|
3 | | Sec. 10-115. Commercially reasonable; reliance.
|
4 | | (a) The commercial reasonableness of a security
procedure |
5 | | is a question of law to be determined in light of the purposes |
6 | | of the
procedure and the commercial
circumstances at the time |
7 | | the
procedure was used, including the nature of the |
8 | | transaction, sophistication of
the parties, volume of
similar |
9 | | transactions engaged in by either or both of the parties, |
10 | | availability
of alternatives offered to but
rejected by either |
11 | | of the parties, cost of alternative procedures, and
procedures |
12 | | in general use for similar
types of transactions.
|
13 | | (b) Whether reliance on a security procedure was reasonable |
14 | | and in good
faith is to be
determined in light of all the |
15 | | circumstances known to the relying party at the
time of the |
16 | | reliance, having
due regard to the :
|
17 | | (1) the information that the relying party knew or |
18 | | should have known of at the
time of
reliance that would |
19 | | suggest that reliance was or was not reasonable;
|
20 | | (2) the value or importance of the electronic record, |
21 | | if known;
|
22 | | (3) any course of dealing between the relying party and |
23 | | the purported
sender and
the available indicia of |
24 | | reliability or unreliability apart from the security
|
25 | | procedure;
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1 | | (4) any usage of trade, particularly trade conducted by |
2 | | trustworthy
systems or other
computer-based means; and
|
3 | | (5) whether the verification was performed with the |
4 | | assistance of an
independent
third party.
|
5 | | (Source: P.A. 90-759, eff. 7-1-99; revised 11-25-14.)
|
6 | | Section 40. The Employee Rights Violation Act is amended by |
7 | | changing Section 2 as follows:
|
8 | | (5 ILCS 285/2) (from Ch. 127, par. 63b100-2)
|
9 | | Sec. 2.
For the purposes of this Act, the terms used herein |
10 | | shall
have the meanings ascribed to them in this Section:
|
11 | | (a) "Policy making officer" means: (i) an employee of a |
12 | | State agency who
is engaged predominantly in executive and |
13 | | management functions and is
charged with the responsibility of |
14 | | directing the effectuation of such
management policies and |
15 | | practices; or (ii) an employee of a State agency
whose |
16 | | principal work is substantially different from that of his
|
17 | | subordinates and who has authority in the interest of the State |
18 | | agency to
hire, transfer, suspend, lay off, recall, promote, |
19 | | discharge, direct,
reward, or discipline employees, or to |
20 | | adjust their grievances, or to
effectively recommend such |
21 | | action, if the exercise of such authority is not
of a merely |
22 | | routine or clerical nature, but requires the consistent use of
|
23 | | independent judgment; or (iii) a Director, Assistant Director |
24 | | or Deputy
Director of a State agency . ;
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1 | | (b) "State agency" means the Departments of the Executive |
2 | | Branch of
State government listed in Section 5-15 of the |
3 | | Departments of State
Government Law (20 ILCS 5/5-15) . ;
|
4 | | (c) "Director" includes the Secretary of Transportation.
|
5 | | (Source: P.A. 91-239, eff. 1-1-00; revised 11-25-14.)
|
6 | | Section 45. The Election Code is amended by changing |
7 | | Sections 10-10 and 16-6.1 as follows:
|
8 | | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
|
9 | | Sec. 10-10. Within 24 hours after the receipt of the |
10 | | certificate of
nomination or nomination papers or proposed |
11 | | question of public
policy, as the case may be, and the |
12 | | objector's petition, the chairman
of the electoral board other |
13 | | than the State Board of Elections shall
send a call by |
14 | | registered or certified mail to each of the members of the
|
15 | | electoral board, and to the objector who filed the objector's |
16 | | petition, and
either to the candidate whose certificate of |
17 | | nomination or nomination
papers are objected to or to the |
18 | | principal proponent or attorney for
proponents of a question of |
19 | | public policy, as the case may be, whose
petitions are objected |
20 | | to, and shall also cause the sheriff of the county
or counties |
21 | | in which such officers and persons reside to serve a copy of
|
22 | | such call upon each of such officers and persons, which call |
23 | | shall set out
the fact that the electoral board is required to |
24 | | meet to hear and pass upon
the objections to nominations made |
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1 | | for the office, designating it, and
shall state the day, hour |
2 | | and place at which the electoral board shall meet
for the |
3 | | purpose, which place shall be in the
county court house in the |
4 | | county in the case of the County Officers
Electoral Board, the |
5 | | Municipal Officers Electoral Board, the Township
Officers |
6 | | Electoral Board or the Education Officers Electoral Board, |
7 | | except that the Municipal Officers Electoral Board, the |
8 | | Township Officers Electoral Board, and the Education Officers |
9 | | Electoral Board may meet at the location where the governing |
10 | | body of the municipality, township, or community college |
11 | | district, respectively, holds its regularly scheduled |
12 | | meetings, if that location is available; provided that voter |
13 | | records may be removed from the offices of an election |
14 | | authority only at the discretion and under the supervision of |
15 | | the election authority.
In
those cases where the State Board of |
16 | | Elections is the electoral board
designated under Section 10-9, |
17 | | the chairman of the State Board of Elections
shall, within 24 |
18 | | hours after the receipt of the certificate of nomination
or |
19 | | nomination papers or petitions for a proposed amendment to |
20 | | Article IV of
the Constitution or proposed statewide question |
21 | | of public policy, send a
call by registered or certified mail |
22 | | to the objector who files the
objector's petition, and either |
23 | | to the candidate whose certificate of
nomination or nomination |
24 | | papers are objected to or to the principal
proponent or |
25 | | attorney for proponents of the proposed Constitutional
|
26 | | amendment or statewide question of public policy and shall |
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1 | | state the day,
hour and place at which the electoral board |
2 | | shall meet for the purpose,
which place may be in the Capitol |
3 | | Building or in the principal or permanent
branch office of the |
4 | | State Board. The day of the meeting shall not be less
than 3 |
5 | | nor more than 5 days after the receipt of the certificate of
|
6 | | nomination or nomination papers and the objector's petition by |
7 | | the chairman
of the electoral board.
|
8 | | The electoral board shall have the power to administer |
9 | | oaths and to
subpoena and examine witnesses and , at the request |
10 | | of either party and only upon a vote by a majority of its |
11 | | members, may authorize the
chairman to issue subpoenas |
12 | | requiring the attendance of witnesses and
subpoenas duces tecum |
13 | | requiring the production of such books, papers,
records and |
14 | | documents as may be evidence of any matter under inquiry
before |
15 | | the electoral board, in the same manner as witnesses are
|
16 | | subpoenaed in the Circuit Court.
|
17 | | Service of such subpoenas shall be made by any sheriff or |
18 | | other
person in the same manner as in cases in such court and |
19 | | the fees of such
sheriff shall be the same as is provided by |
20 | | law, and shall be paid by
the objector or candidate who causes |
21 | | the issuance of the subpoena. In
case any person so served |
22 | | shall knowingly neglect or refuse to obey any
such subpoena, or |
23 | | to testify, the electoral board shall at once file a
petition |
24 | | in the circuit court of the county in which such hearing is to
|
25 | | be heard, or has been attempted to be heard, setting forth the |
26 | | facts, of
such knowing refusal or neglect, and accompanying the |
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1 | | petition with a
copy of the citation and the answer, if one has |
2 | | been filed, together
with a copy of the subpoena and the return |
3 | | of service thereon, and shall
apply for an order of court |
4 | | requiring such person to attend and testify,
and forthwith |
5 | | produce books and papers, before the electoral board. Any
|
6 | | circuit court of the state, excluding the judge who is sitting |
7 | | on the electoral
board, upon such showing shall order such |
8 | | person to appear and testify,
and to forthwith produce such |
9 | | books and papers, before the electoral board
at a place to be |
10 | | fixed by the court. If such person shall knowingly fail
or |
11 | | refuse to obey such order of the court without lawful excuse, |
12 | | the court
shall punish him or her by fine and imprisonment, as |
13 | | the nature of the case
may require and may be lawful in cases |
14 | | of contempt of court.
|
15 | | The electoral board on the first day of its meeting shall |
16 | | adopt rules
of procedure for the introduction of evidence and |
17 | | the presentation of
arguments and may, in its discretion, |
18 | | provide for the filing of briefs
by the parties to the |
19 | | objection or by other interested persons.
|
20 | | In the event of a State Electoral Board hearing on |
21 | | objections to a
petition for an amendment to Article IV of the |
22 | | Constitution
pursuant to Section 3 of Article XIV of the |
23 | | Constitution, or to a
petition for a question of public policy |
24 | | to be submitted to the
voters of the entire State, the |
25 | | certificates of the county clerks and boards
of election |
26 | | commissioners showing the results of the random sample of
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1 | | signatures on the petition shall be prima facie valid and |
2 | | accurate, and
shall be presumed to establish the number of |
3 | | valid and invalid
signatures on the petition sheets reviewed in |
4 | | the random sample, as prescribed
in Section 28-11 and 28-12 of |
5 | | this Code. Either party, however, may introduce
evidence at |
6 | | such hearing to dispute the findings as to particular |
7 | | signatures.
In addition to the foregoing, in the absence of |
8 | | competent evidence presented
at such hearing by a party |
9 | | substantially challenging the results of a random
sample, or |
10 | | showing a different result obtained by an additional sample,
|
11 | | this certificate of a county clerk or board of election |
12 | | commissioners shall
be presumed to establish the ratio of valid |
13 | | to invalid signatures within
the particular election |
14 | | jurisdiction.
|
15 | | The electoral board shall take up the question as to |
16 | | whether or not
the certificate of nomination or nomination |
17 | | papers or petitions are in
proper form, and whether or not they |
18 | | were filed within the time and
under the conditions required by |
19 | | law, and whether or not they are the
genuine certificate of |
20 | | nomination or nomination papers or petitions
which they purport |
21 | | to be, and whether or not in the case of the
certificate of |
22 | | nomination in question it represents accurately the
decision of |
23 | | the caucus or convention issuing it, and in general shall
|
24 | | decide whether or not the certificate of nomination or |
25 | | nominating papers
or petitions on file are valid or whether the |
26 | | objections thereto should
be sustained and the decision of a |
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1 | | majority of the electoral board shall
be final subject to |
2 | | judicial review as provided in Section 10-10.1. The
electoral |
3 | | board must state its findings in writing and must state in
|
4 | | writing which objections, if any, it has sustained. A copy of |
5 | | the decision shall be served upon the parties to the |
6 | | proceedings in open proceedings before the electoral board. If |
7 | | a party does not appear for receipt of the decision, the |
8 | | decision shall be deemed to have been served on the absent |
9 | | party on the date when a copy of the decision is personally |
10 | | delivered or on the date when a copy of the decision is |
11 | | deposited in the Unites States mail, in a sealed envelope or |
12 | | package, with postage prepaid, addressed to each party affected |
13 | | by the decision or to such party's attorney of record, if any, |
14 | | at the address on record for such person in the files of the |
15 | | electoral board.
|
16 | | Upon the expiration of the period within which a proceeding |
17 | | for
judicial review must be commenced under Section 10-10.1, |
18 | | the electoral
board shall, unless a proceeding for judicial |
19 | | review has been commenced
within such period, transmit, by |
20 | | registered or certified mail, a
certified copy of its ruling, |
21 | | together with the original certificate of
nomination or |
22 | | nomination papers or petitions and the original objector's
|
23 | | petition, to the officer or board with whom the certificate of
|
24 | | nomination or nomination papers or petitions, as objected to, |
25 | | were on
file, and such officer or board shall abide by and |
26 | | comply with the
ruling so made to all intents and purposes.
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1 | | (Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; |
2 | | revised 11-25-14.)
|
3 | | (10 ILCS 5/16-6.1) (from Ch. 46, par. 16-6.1)
|
4 | | Sec. 16-6.1.
In elections held pursuant to the provisions |
5 | | of Section 12 of
Article VI of the Constitution relating to |
6 | | retention of judges in office,
the form of the proposition to |
7 | | be submitted for each candidate shall be
as provided in |
8 | | paragraph (1) or (2), as the election authority may choose.
|
9 | | (1) The names of all persons seeking retention in the |
10 | | same office shall be
listed, in the order provided in this |
11 | | Section, with one proposition that reads
substantially as |
12 | | follows: "Shall each of the persons listed be retained
in |
13 | | office as (insert name of office and court)?".
To the right |
14 | | of each candidate's name must be places for the voter to |
15 | | mark
"Yes" or "No". If the list of candidates for retention |
16 | | in the same office
exceeds one page of the ballot, the |
17 | | proposition must appear on each page
upon which the list of |
18 | | candidates continues.
|
19 | | (2) The form of the proposition for each candidate |
20 | | shall be
substantially as follows:
|
21 | | -----------------------------------------------------
|
22 | | Shall ....... (insert name YES
|
23 | | of candidate) be retained in --------------
|
24 | | office as ..... (insert name NO
|
25 | | of office and Court)?
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1 | | -----------------------------------------------------
|
2 | | The names of all candidates thus submitting their names for |
3 | | retention in
office in any particular judicial district or |
4 | | circuit shall appear on the
same ballot which shall be separate |
5 | | from all other ballots voted on at the
general election.
|
6 | | Propositions on Supreme Court judges, if any are seeking |
7 | | retention,
shall appear on the ballot in the first group, for |
8 | | judges of the Appellate
Court in the second group immediately |
9 | | under the first, and for circuit
judges in the last group. The |
10 | | grouping of candidates for the same office
shall be preceded by |
11 | | a heading describing the office and the court. If
there are two |
12 | | or more candidates for each office, the names of such
|
13 | | candidates in each group shall be listed in the order |
14 | | determined as
follows: The name of the person with the greatest |
15 | | length of time served in
the specified office of the specified |
16 | | court shall be listed first in each
group. The rest of the |
17 | | names shall be listed in the appropriate order based
on the |
18 | | same seniority standard. If two or more candidates for each |
19 | | office
have served identical periods of time in the specified |
20 | | office, such
candidates shall be listed alphabetically at the |
21 | | appropriate place in the
order of names based on seniority in |
22 | | the office as described. Circuit
judges shall be credited for |
23 | | the purposes of this section with service as
associate judges |
24 | | prior to July 1, 1971 and with service on any court the
judges |
25 | | of which were made associate judges on January 1, 1964 by |
26 | | virtue of
Paragraph 4, subparagraphs (c) and (d) of the |
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1 | | Schedule to Article VI of the
former Illinois Constitution.
|
2 | | At the top of the ballot on the same side as the |
3 | | propositions on the
candidates are listed shall be printed an |
4 | | explanation to read substantially
as follows: "Vote on the |
5 | | proposition with respect to all or any of the
judges listed on |
6 | | this ballot. No judge listed is running against any other
|
7 | | judge. The sole question is whether each judge shall be |
8 | | retained in his or her
present office".
|
9 | | Such separate ballot shall be printed on paper of |
10 | | sufficient size so
that when folded once it shall be large |
11 | | enough to contain the following
words, which shall be printed |
12 | | on the back, "Ballot for judicial candidates
seeking retention |
13 | | in office". Such ballot shall be handed to the elector at
the |
14 | | same time as the ballot containing the names of other |
15 | | candidates for
the general election and shall be returned |
16 | | therewith by the elector to the
proper officer in the manner |
17 | | designated by this Act. All provisions of this
Act relating to |
18 | | ballots shall apply to such separate ballot, except as
|
19 | | otherwise specifically provided in this section. Such separate |
20 | | ballot shall
be printed upon paper of a green color. No other |
21 | | ballot at the same
election shall be green in color.
|
22 | | In precincts in which voting machines are used, the special |
23 | | ballot
containing the propositions on the retention of judges |
24 | | may be placed on the
voting machines if such voting machines |
25 | | permit the casting of votes on such
propositions.
|
26 | | An electronic voting system authorized by Article 24A may |
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1 | | be used in
voting and tabulating the judicial retention |
2 | | ballots. When an electronic
voting system is used which |
3 | | utilizes a ballot label booklet and ballot
card, there shall be |
4 | | used in the label booklet a separate ballot label page
or pages |
5 | | as required for such proposition, which page or pages for such
|
6 | | proposition shall be of a green color separate and distinct |
7 | | from the ballot
label page or pages used for any other |
8 | | proposition or candidates.
|
9 | | (Source: P.A. 92-178, eff. 1-1-02; 92-465, eff. 1-1-02; revised |
10 | | 11-25-14.)
|
11 | | Section 50. The State Comptroller Act is amended by |
12 | | changing Section 26 as follows:
|
13 | | (15 ILCS 405/26) |
14 | | Sec. 26. Illinois Gives Initiative. |
15 | | (a) The Illinois Gives Initiative is hereby created to |
16 | | provide a mechanism whereby an employee or annuitant may |
17 | | authorize the withholding of a portion of his or her salary, |
18 | | wages, or annuity for payment to Illinois chapters of the |
19 | | American Red Cross whose territories include areas affected by |
20 | | a declaration of disaster issued in accordance with Section 7 |
21 | | of the Illinois Emergency Management Agency Act. |
22 | | (b) The initiative shall be administered by the State |
23 | | Comptroller, who is authorized to: |
24 | | (1) develop an electronic mechanism whereby an |
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1 | | employee or annuitant may register with the Office of the |
2 | | Comptroller for the withholding to be deducted from the |
3 | | next available scheduled pay period; |
4 | | (2) develop policies and procedures necessary for the |
5 | | efficient transmission of the notification of the |
6 | | withholding under this Section to the employee's Payroll |
7 | | Officer or the annuitant's Retirement Agency; and |
8 | | (3) develop policies and procedures necessary for the |
9 | | efficient distribution of the withholdings under this |
10 | | Section to designated Illinois chapters of the American Red |
11 | | Cross.
|
12 | | (Source: P.A. 98-700, eff. 7-7-14; revised 11-25-14.)
|
13 | | Section 55. The Illinois Act on the Aging is amended by |
14 | | changing Section 8.09 as follows:
|
15 | | (20 ILCS 105/8.09) |
16 | | Sec. 8.09. Unlicensed or uncertified facilities. No public |
17 | | official, agent, or employee may place any person in or with, |
18 | | or recommend that any person be placed in or with, or directly |
19 | | or indirectly cause any person to be placed in or with any |
20 | | unlicensed or uncertified: (i) board and care home as defined |
21 | | in the Board and Care Home Act and licensed under the Assisted |
22 | | Living and Shared Housing Act; (ii) assisted living or shared |
23 | | housing establishment as defined in the Assisted Living and |
24 | | Shared Housing Act; (iii) facility licensed under the Nursing |
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1 | | Home Care Act; (iv) supportive living facility as described in |
2 | | Section 5-5.01a of the Illinois Public Aid Code; (v) |
3 | | free-standing hospice residence licensed under the Hospice |
4 | | Program Licensing Act; or (vi) home services agency licensed |
5 | | under the Home Health, Home Services, and Home Nursing Agency |
6 | | Licensing Act if licensure or certification is required. No |
7 | | public official, agent, or employee may place the name of such |
8 | | a facility on a list of facilities to be circulated to the |
9 | | public, unless the facility is licensed or certified. Use of |
10 | | the Department of Public Health's annual list of licensed |
11 | | facilities shall satisfy compliance with this Section for all |
12 | | facilities licensed or certified by the Illinois Department of |
13 | | Public Health.
|
14 | | (Source: P.A. 96-1318, eff. 7-27-10; revised 11-25-14.)
|
15 | | Section 60. The Alcoholism and Other Drug Abuse and |
16 | | Dependency Act is amended by changing Section 40-5 as follows:
|
17 | | (20 ILCS 301/40-5) |
18 | | Sec. 40-5. Election of treatment. An addict or alcoholic |
19 | | who is charged
with or convicted of a crime or any other person |
20 | | charged with or convicted of a misdemeanor violation of the Use |
21 | | of Intoxicating Compounds Act and who has not been previously |
22 | | convicted of a violation of that Act may elect treatment under |
23 | | the supervision of a
licensed program designated by the |
24 | | Department, referred to in this Article
as "designated |
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1 | | program", unless: |
2 | | (1) the crime is a crime of violence; |
3 | | (2) the crime is a violation of Section 401(a), 401(b), |
4 | | 401(c) where the
person electing treatment has been |
5 | | previously convicted of a non-probationable
felony or the |
6 | | violation is non-probationable, 401(d) where the violation |
7 | | is
non-probationable, 401.1, 402(a), 405 or 407 of the |
8 | | Illinois Controlled
Substances
Act, or Section 12-7.3 of |
9 | | the Criminal Code of 2012, or Section 4(d), 4(e), 4(f), |
10 | | 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the Cannabis |
11 | | Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4), |
12 | | 60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control |
13 | | and Community Protection Act or is otherwise ineligible for |
14 | | probation under Section 70 of the Methamphetamine Control |
15 | | and Community Protection Act; |
16 | | (3) the person has a record of 2 or more convictions of |
17 | | a crime of
violence; |
18 | | (4) other criminal proceedings alleging commission of |
19 | | a felony are pending
against the person; |
20 | | (5) the person is on probation or parole and the |
21 | | appropriate parole or
probation authority does not consent |
22 | | to that election; |
23 | | (6) the person elected and was admitted to a designated |
24 | | program on 2 prior
occasions within any consecutive 2-year |
25 | | period; |
26 | | (7) the person has been convicted of residential |
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1 | | burglary and has a record
of one or more felony |
2 | | convictions; |
3 | | (8) the crime is a violation of Section 11-501 of the |
4 | | Illinois Vehicle
Code or a similar provision of a local |
5 | | ordinance; or |
6 | | (9) the crime is a reckless homicide or a reckless |
7 | | homicide of an unborn
child, as defined in Section 9-3 or |
8 | | 9-3.2 of the Criminal Code of 1961 or the Criminal Code of |
9 | | 2012, in
which the cause of death consists of the driving |
10 | | of a motor vehicle by a person
under the influence of |
11 | | alcohol or any other drug or drugs at the time of the
|
12 | | violation. |
13 | | Nothing in this Section shall preclude an individual who is |
14 | | charged with or convicted of a crime that is a violation of |
15 | | Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and |
16 | | Community Protection Act, and who is otherwise eligible to make |
17 | | the election provided for under this Section, from being |
18 | | eligible to make an election for treatment as a condition of |
19 | | probation as provided for under this Article. |
20 | | (Source: P.A. 97-889, eff. 1-1-13; 97-1150, eff. 1-25-13; |
21 | | 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14; revised 10-1-14.)
|
22 | | Section 65. The Children and Family Services Act is amended |
23 | | by changing Section 8 as follows:
|
24 | | (20 ILCS 505/8) (from Ch. 23, par. 5008)
|
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1 | | Sec. 8. Scholarships and fee waivers. Each year the |
2 | | Department shall select a minimum of 53 students (at least 4 of |
3 | | whom shall be children of veterans) to receive scholarships and |
4 | | fee waivers which will enable them to attend and complete their |
5 | | post-secondary education at a community college, university, |
6 | | or college. Youth shall be selected from among the youth for |
7 | | whom the Department has court-ordered legal responsibility, |
8 | | youth who aged out of care at age 18 or older, or youth |
9 | | formerly under care
who have been adopted or who have been |
10 | | placed in private guardianship. Recipients must have earned a |
11 | | high school diploma from an accredited institution or , a high |
12 | | school equivalency General Education Development certificate |
13 | | or diploma , or have met the State criteria for high school |
14 | | graduation before the start of the school year for which they |
15 | | are applying for the scholarship and waiver. high school |
16 | | equivalency Scholarships and fee waivers shall be available to |
17 | | students for at least 5 years, provided they are continuing to |
18 | | work toward graduation. Unused scholarship dollars and fee |
19 | | waivers shall be reallocated to new recipients. No later than |
20 | | January 1, 2015, the Department shall promulgate rules |
21 | | identifying the criteria for "continuing to work toward |
22 | | graduation" , and for reallocating unused scholarships and fee |
23 | | waivers. Selection shall be made on the
basis of several |
24 | | factors, including, but not limited to, scholastic record, |
25 | | aptitude, and general interest in higher
education. The |
26 | | selection committee shall include at least 2 individuals |
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1 | | formerly under the care of the Department who have completed |
2 | | their post-secondary education. In accordance with this Act, |
3 | | tuition scholarships and fee waivers
shall be available to such |
4 | | students at any university or college maintained by
the State |
5 | | of Illinois. The Department shall provide maintenance and |
6 | | school
expenses, except tuition and fees, during the academic |
7 | | years to supplement
the students' earnings or other resources |
8 | | so long as they consistently
maintain scholastic records which |
9 | | are acceptable to their schools and to
the Department. Students |
10 | | may attend other colleges and universities, if
scholarships are |
11 | | awarded them, and receive the same benefits for maintenance
and |
12 | | other expenses as those students attending any Illinois State |
13 | | community
college, university, or college under this Section. |
14 | | Beginning with recipients receiving scholarships and waivers |
15 | | in August 2014, the Department shall collect data and report |
16 | | annually to the General Assembly on measures of success , |
17 | | including (i) the number of youth applying for and receiving |
18 | | scholarships, (ii) the percentage of scholarship recipients |
19 | | who complete their college or university degree within 5 years, |
20 | | (iii) the average length of time it takes for scholarship |
21 | | recipients to complete their college or university degree, (iv) |
22 | | the reasons that scholarship recipients are discharged or fail |
23 | | to complete their college or university degree, (v) when |
24 | | available , youths' outcomes 5 years and 10 years after being |
25 | | awarded the scholarships, and (vi) budget allocations for |
26 | | maintenance and school expenses incurred by the Department.
|
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1 | | (Source: P.A. 97-799, eff. 7-13-12; 98-718, eff. 1-1-15; |
2 | | 98-805, eff. 1-1-15; revised 10-1-14.)
|
3 | | Section 70. The High Speed Internet Services and |
4 | | Information Technology Act is amended by changing Section 30 as |
5 | | follows:
|
6 | | (20 ILCS 661/30)
|
7 | | Sec. 30. High Speed Internet Services and Information |
8 | | Technology Fund. |
9 | | (a) There is created in the State treasury a special fund |
10 | | to be known as the High Speed Internet Services and Information |
11 | | Technology Fund, to be used, subject to appropriation, by the |
12 | | Department of Commerce and Economic Opportunity Development |
13 | | for purposes of providing grants to the nonprofit organization |
14 | | enlisted under this Act. |
15 | | (b) On the effective date of this Act, $4,000,000 in the |
16 | | Digital Divide Elimination Infrastructure Fund shall be |
17 | | transferred to the High Speed Internet Services and Information |
18 | | Technology Fund. Nothing contained in this subsection (b) shall |
19 | | affect the validity of grants issued with moneys from the |
20 | | Digital Divide Elimination Infrastructure Fund before June 30, |
21 | | 2007.
|
22 | | (Source: P.A. 95-684, eff. 10-19-07; revised 11-25-14.)
|
23 | | Section 75. The Department of Human Services Act is amended |
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1 | | by changing Section 10-66 as follows:
|
2 | | (20 ILCS 1305/10-66) |
3 | | Sec. 10-66. Rate reductions. Rates for medical services |
4 | | purchased by the Divisions of Alcoholism Alcohol and Substance |
5 | | Abuse, Community Health and Prevention, Developmental |
6 | | Disabilities, Mental Health, or Rehabilitation Services within |
7 | | the Department of Human Services shall not be reduced below the |
8 | | rates calculated on April 1, 2011 unless the Department of |
9 | | Human Services promulgates rules and rules are implemented |
10 | | authorizing rate reductions.
|
11 | | (Source: P.A. 97-74, eff. 6-30-11; revised 11-25-14.)
|
12 | | Section 80. The Mental Health and Developmental |
13 | | Disabilities Administrative Act is amended by changing |
14 | | Sections 15.4 and 18.6 as follows:
|
15 | | (20 ILCS 1705/15.4)
|
16 | | Sec. 15.4. Authorization for nursing delegation to permit |
17 | | direct care
staff to
administer medications. |
18 | | (a) This Section applies to (i) all programs for persons
|
19 | | with a
developmental disability in settings of 16 persons or |
20 | | fewer that are funded or
licensed by the Department of Human
|
21 | | Services and that distribute or administer medications and (ii) |
22 | | all
intermediate care
facilities for the developmentally |
23 | | disabled with 16 beds or fewer that are
licensed by the
|
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1 | | Department of Public Health. The Department of Human Services |
2 | | shall develop a
training program for authorized direct care |
3 | | staff to administer
medications under the
supervision and |
4 | | monitoring of a registered professional nurse.
This training |
5 | | program shall be developed in consultation with professional
|
6 | | associations representing (i) physicians licensed to practice |
7 | | medicine in all
its branches, (ii) registered professional |
8 | | nurses, and (iii) pharmacists.
|
9 | | (b) For the purposes of this Section:
|
10 | | "Authorized direct care staff" means non-licensed persons |
11 | | who have
successfully completed a medication administration |
12 | | training program
approved by the Department of Human Services |
13 | | and conducted by a nurse-trainer.
This authorization is |
14 | | specific to an individual receiving service in
a
specific |
15 | | agency and does not transfer to another agency.
|
16 | | "Medications" means oral and topical medications, insulin |
17 | | in an injectable form, oxygen, epinephrine auto-injectors, and |
18 | | vaginal and rectal creams and suppositories. "Oral" includes |
19 | | inhalants and medications administered through enteral tubes, |
20 | | utilizing aseptic technique. "Topical" includes eye, ear, and |
21 | | nasal medications. Any controlled substances must be packaged |
22 | | specifically for an identified individual. |
23 | | "Insulin in an injectable form" means a subcutaneous |
24 | | injection via an insulin pen pre-filled by the manufacturer. |
25 | | Authorized direct care staff may administer insulin, as ordered |
26 | | by a physician, advanced practice nurse, or physician |
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1 | | assistant, if: (i) the staff has successfully completed a |
2 | | Department-approved advanced training program specific to |
3 | | insulin administration developed in consultation with |
4 | | professional associations listed in subsection (a) of this |
5 | | Section, and (ii) the staff consults with the registered nurse, |
6 | | prior to administration, of any insulin dose that is determined |
7 | | based on a blood glucose test result. The authorized direct |
8 | | care staff shall not : (i) calculate the insulin dosage needed |
9 | | when the dose is dependent upon a blood glucose test result, or |
10 | | (ii) administer insulin to individuals who require blood |
11 | | glucose monitoring greater than 3 times daily, unless directed |
12 | | to do so by the registered nurse. |
13 | | "Nurse-trainer training program" means a standardized, |
14 | | competency-based
medication administration train-the-trainer |
15 | | program provided by the
Department of Human Services and |
16 | | conducted by a Department of Human
Services master |
17 | | nurse-trainer for the purpose of training nurse-trainers to
|
18 | | train persons employed or under contract to provide direct care |
19 | | or
treatment to individuals receiving services to administer
|
20 | | medications and provide self-administration of medication |
21 | | training to
individuals under the supervision and monitoring of |
22 | | the nurse-trainer. The
program incorporates adult learning |
23 | | styles, teaching strategies, classroom
management, and a |
24 | | curriculum overview, including the ethical and legal
aspects of |
25 | | supervising those administering medications.
|
26 | | "Self-administration of medications" means an individual |
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1 | | administers
his or her own medications. To be considered |
2 | | capable to self-administer
their own medication, individuals |
3 | | must, at a minimum, be able to identify
their medication by |
4 | | size, shape, or color, know when they should take
the |
5 | | medication, and know the amount of medication to be taken each |
6 | | time.
|
7 | | "Training program" means a standardized medication |
8 | | administration
training program approved by the Department of |
9 | | Human Services and
conducted by a registered professional nurse |
10 | | for the purpose of training
persons employed or under contract |
11 | | to provide direct care or treatment to
individuals receiving |
12 | | services to administer medications
and provide |
13 | | self-administration of medication training to individuals |
14 | | under
the delegation and supervision of a nurse-trainer. The |
15 | | program incorporates
adult learning styles, teaching |
16 | | strategies, classroom management,
curriculum overview, |
17 | | including ethical-legal aspects, and standardized
|
18 | | competency-based evaluations on administration of medications |
19 | | and
self-administration of medication training programs.
|
20 | | (c) Training and authorization of non-licensed direct care |
21 | | staff by
nurse-trainers must meet the requirements of this |
22 | | subsection.
|
23 | | (1) Prior to training non-licensed direct care staff to |
24 | | administer
medication, the nurse-trainer shall perform the |
25 | | following for each
individual to whom medication will be |
26 | | administered by non-licensed
direct care staff:
|
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1 | | (A) An assessment of the individual's health |
2 | | history and
physical and mental status.
|
3 | | (B) An evaluation of the medications prescribed.
|
4 | | (2) Non-licensed authorized direct care staff shall |
5 | | meet the
following criteria:
|
6 | | (A) Be 18 years of age or older.
|
7 | | (B) Have completed high school or have a high |
8 | | school equivalency certificate.
|
9 | | (C) Have demonstrated functional literacy.
|
10 | | (D) Have satisfactorily completed the Health and |
11 | | Safety
component of a Department of Human Services |
12 | | authorized
direct care staff training program.
|
13 | | (E) Have successfully completed the training |
14 | | program,
pass the written portion of the comprehensive |
15 | | exam, and score
100% on the competency-based |
16 | | assessment specific to the
individual and his or her |
17 | | medications.
|
18 | | (F) Have received additional competency-based |
19 | | assessment
by the nurse-trainer as deemed necessary by |
20 | | the nurse-trainer
whenever a change of medication |
21 | | occurs or a new individual
that requires medication |
22 | | administration enters the program.
|
23 | | (3) Authorized direct care staff shall be re-evaluated |
24 | | by a
nurse-trainer at least annually or more frequently at |
25 | | the discretion of
the registered professional nurse. Any |
26 | | necessary retraining shall be
to the extent that is |
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|
1 | | necessary to ensure competency of the authorized
direct |
2 | | care staff to administer medication.
|
3 | | (4) Authorization of direct care staff to administer |
4 | | medication
shall be revoked if, in the opinion of the |
5 | | registered professional nurse,
the authorized direct care |
6 | | staff is no longer competent to administer
medication.
|
7 | | (5) The registered professional nurse shall assess an
|
8 | | individual's health status at least annually or more |
9 | | frequently at the
discretion of the registered |
10 | | professional nurse.
|
11 | | (d) Medication self-administration shall meet the |
12 | | following
requirements:
|
13 | | (1) As part of the normalization process, in order for |
14 | | each
individual to attain the highest possible level of |
15 | | independent
functioning, all individuals shall be |
16 | | permitted to participate in their
total health care |
17 | | program. This program shall include, but not be
limited to, |
18 | | individual training in preventive health and |
19 | | self-medication
procedures.
|
20 | | (A) Every program shall adopt written policies and
|
21 | | procedures for assisting individuals in obtaining |
22 | | preventative
health and self-medication skills in |
23 | | consultation with a
registered professional nurse, |
24 | | advanced practice nurse,
physician assistant, or |
25 | | physician licensed to practice medicine
in all its |
26 | | branches.
|
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1 | | (B) Individuals shall be evaluated to determine |
2 | | their
ability to self-medicate by the nurse-trainer |
3 | | through the use of
the Department's required, |
4 | | standardized screening and assessment
instruments.
|
5 | | (C) When the results of the screening and |
6 | | assessment
indicate an individual not to be capable to |
7 | | self-administer his or her
own medications, programs |
8 | | shall be developed in consultation
with the Community |
9 | | Support Team or Interdisciplinary
Team to provide |
10 | | individuals with self-medication
administration.
|
11 | | (2) Each individual shall be presumed to be competent |
12 | | to self-administer
medications if:
|
13 | | (A) authorized by an order of a physician licensed |
14 | | to
practice medicine in all its branches; and
|
15 | | (B) approved to self-administer medication by the
|
16 | | individual's Community Support Team or
|
17 | | Interdisciplinary Team, which includes a registered
|
18 | | professional nurse or an advanced practice nurse.
|
19 | | (e) Quality Assurance.
|
20 | | (1) A registered professional nurse, advanced practice |
21 | | nurse,
licensed practical nurse, physician licensed to |
22 | | practice medicine in all
its branches, physician |
23 | | assistant, or pharmacist shall review the
following for all |
24 | | individuals:
|
25 | | (A) Medication orders.
|
26 | | (B) Medication labels, including medications |
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1 | | listed on
the medication administration record for |
2 | | persons who are not
self-medicating to ensure the |
3 | | labels match the orders issued by
the physician |
4 | | licensed to practice medicine in all its branches,
|
5 | | advanced practice nurse, or physician assistant.
|
6 | | (C) Medication administration records for persons |
7 | | who
are not self-medicating to ensure that the records |
8 | | are completed
appropriately for:
|
9 | | (i) medication administered as prescribed;
|
10 | | (ii) refusal by the individual; and
|
11 | | (iii) full signatures provided for all |
12 | | initials used.
|
13 | | (2) Reviews shall occur at least quarterly, but may be |
14 | | done
more frequently at the discretion of the registered |
15 | | professional nurse
or advanced practice nurse.
|
16 | | (3) A quality assurance review of medication errors and |
17 | | data
collection for the purpose of monitoring and |
18 | | recommending
corrective action shall be conducted within 7 |
19 | | days and included in the
required annual review.
|
20 | | (f) Programs using authorized direct care
staff to |
21 | | administer medications are responsible for documenting and |
22 | | maintaining
records
on the training that is completed.
|
23 | | (g) The absence of this training program constitutes a |
24 | | threat to the
public interest,
safety, and welfare and |
25 | | necessitates emergency rulemaking by
the Departments of Human |
26 | | Services and
Public Health
under Section 5-45
of
the
Illinois |
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1 | | Administrative Procedure Act.
|
2 | | (h) Direct care staff who fail to qualify for delegated |
3 | | authority to
administer medications pursuant to the provisions |
4 | | of this Section shall be
given
additional education and testing |
5 | | to meet criteria for
delegation authority to administer |
6 | | medications.
Any direct care staff person who fails to qualify |
7 | | as an authorized direct care
staff
after initial training and |
8 | | testing must within 3 months be given another
opportunity for |
9 | | retraining and retesting. A direct care staff person who fails
|
10 | | to
meet criteria for delegated authority to administer |
11 | | medication, including, but
not limited to, failure of the |
12 | | written test on 2 occasions shall be given
consideration for |
13 | | shift transfer or reassignment, if possible. No employee
shall |
14 | | be terminated for failure to qualify during the 3-month time |
15 | | period
following initial testing. Refusal to complete training |
16 | | and testing required
by this Section may be grounds for |
17 | | immediate dismissal.
|
18 | | (i) No authorized direct care staff person delegated to |
19 | | administer
medication shall be subject to suspension or |
20 | | discharge for errors
resulting from the staff
person's acts or |
21 | | omissions when performing the functions unless the staff
|
22 | | person's actions or omissions constitute willful and wanton |
23 | | conduct.
Nothing in this subsection is intended to supersede |
24 | | paragraph (4) of subsection
(c).
|
25 | | (j) A registered professional nurse, advanced practice |
26 | | nurse,
physician licensed to practice medicine in all its |
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1 | | branches, or physician
assistant shall be on
duty or
on call at |
2 | | all times in any program covered by this Section.
|
3 | | (k) The employer shall be responsible for maintaining |
4 | | liability insurance
for any program covered by this Section.
|
5 | | (l) Any direct care staff person who qualifies as |
6 | | authorized direct care
staff pursuant to this Section shall be |
7 | | granted consideration for a one-time
additional
salary |
8 | | differential. The Department shall determine and provide the |
9 | | necessary
funding for
the differential in the base. This |
10 | | subsection (l) is inoperative on and after
June 30, 2000.
|
11 | | (Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14; |
12 | | revised 10-2-14.)
|
13 | | (20 ILCS 1705/18.6) |
14 | | (Section scheduled to be repealed on December 31, 2019) |
15 | | Sec. 18.6. Mental Health Services Strategic Planning Task |
16 | | Force. |
17 | | (a) Task Force. The Mental Health Services Strategic |
18 | | Planning Task Force is created. |
19 | | (b) Meeting. The Task Force shall be appointed and hold its |
20 | | first meeting within 90 days after the effective date of this |
21 | | amendatory Act of the 97th General Assembly. |
22 | | (c) Composition. The Task Force shall be comprised of the |
23 | | following members: |
24 | | (1) Two members of the Senate appointed by the |
25 | | President of the Senate and 2 members of the Senate |
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1 | | appointed by the Minority Leader of the Senate. |
2 | | (2) Two members of the House of Representatives |
3 | | appointed by the Speaker of the House of Representatives |
4 | | and 2 members of the House of Representatives appointed by |
5 | | the Minority Leader of the House of Representatives. |
6 | | (3) One representative of the Division of Mental Health |
7 | | within the Department of Human Services. |
8 | | (4) One representative of the Department of Healthcare |
9 | | and Family Services. |
10 | | (5) One representative of the Bureau of Long Term Care |
11 | | within the Department of Public Health. |
12 | | (6) One representative of the Illinois Children's |
13 | | Mental Health Partnership. |
14 | | (7) Six representatives of the mental health providers |
15 | | and community stakeholders selected from names submitted |
16 | | by associates representing the various types of providers. |
17 | | (8) Three representatives of the consumer community |
18 | | including a primary consumer, secondary consumer, and a |
19 | | representative of a mental health consumer advocacy |
20 | | organization. |
21 | | (9) An individual from a union representing State |
22 | | employees providing services to persons with mental |
23 | | illness. |
24 | | (10) One academic specialist in mental health |
25 | | outcomes, research, and evidence-based practices. |
26 | | (d) Duty. The Task Force shall meet with the Office of the |
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1 | | Governor and the appropriate legislative committees on mental |
2 | | health to develop a 5-year comprehensive strategic plan for the |
3 | | State's mental health services. The plan shall address the |
4 | | following topics: |
5 | | (1) Provide sufficient home and community-based |
6 | | services to give consumers real options in care settings. |
7 | | (2) Improve access to care. |
8 | | (3) Reduce regulatory redundancy. |
9 | | (4) Maintain financial viability for providers in a |
10 | | cost-effective manner to the State. |
11 | | (5) Ensure care is effective, efficient, and |
12 | | appropriate regardless of the setting in which it is |
13 | | provided. |
14 | | (6) Ensure quality of care in all care settings via the |
15 | | use of appropriate clinical outcomes. |
16 | | (7) Ensure hospitalizations and institutional care, |
17 | | when necessary, is available to meet demand now and in the |
18 | | future. |
19 | | (e) The Task Force shall work in conjunction with the |
20 | | Department of Human Services' Division of Developmental |
21 | | Disabilities to ensure effective treatment for those dually |
22 | | diagnosed with both mental illness and developmental |
23 | | disabilities. The Task Force shall also work in conjunction |
24 | | with the Department of Human Services' Division of Alcoholism |
25 | | Alcohol and Substance Abuse to ensure effective treatment for |
26 | | those who are dually diagnosed with both mental illness as well |
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1 | | as substance abuse challenges. |
2 | | (f) Compensation. Members of the Task Force shall not |
3 | | receive compensation nor reimbursement for necessary expenses |
4 | | incurred in performing the duties associated with the Task |
5 | | Force. |
6 | | (g) Reporting. The Task Force shall present its plan to the |
7 | | Governor and the General Assembly no later than 18 months after |
8 | | the effective date of the amendatory Act of the 97th General |
9 | | Assembly. With its approval and authorization, and subject to |
10 | | appropriation, the Task Force shall convene quarterly meetings |
11 | | during the implementation of the 5-year strategic plan to |
12 | | monitor progress, review outcomes, and make ongoing |
13 | | recommendations. These ongoing recommendations shall be |
14 | | presented to the Governor and the General Assembly for |
15 | | feedback, suggestions, support, and approval. Within one year |
16 | | after recommendations are presented to the Governor and the |
17 | | General Assembly, the General Assembly shall vote on whether |
18 | | the recommendations should become law. |
19 | | (h) Administrative support. The Department of Human |
20 | | Services shall provide administrative and staff support to the |
21 | | Task Force. |
22 | | (i) This Section is repealed on December 31, 2019.
|
23 | | (Source: P.A. 97-438, eff. 8-18-11; revised 11-25-14.)
|
24 | | Section 85. The Department of Public Health Act is amended |
25 | | by changing Section 2.1 as follows:
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1 | | (20 ILCS 2305/2.1) |
2 | | Sec. 2.1. Information sharing. |
3 | | (a) Whenever a State or local law enforcement authority |
4 | | learns of a case of an illness, health condition, or unusual |
5 | | disease or symptom cluster, reportable pursuant to rules |
6 | | adopted by the Department or by a local board of health or |
7 | | local public health authority, or a suspicious event that may |
8 | | be the cause of or related to a public health emergency, as |
9 | | that term is defined in Section 4 of the Illinois Emergency |
10 | | Management Agency Act, it shall immediately notify the Illinois |
11 | | Emergency Management Agency and the Department or local board |
12 | | of health or local public health authority. |
13 | | (b) Whenever the Department or a local board of health or |
14 | | local public health authority learns of a case of an illness, |
15 | | health condition, or unusual disease or symptom cluster, |
16 | | reportable pursuant to rules adopted by the Department or by a |
17 | | local board of health or a local public health authority, or a |
18 | | suspicious event that it reasonably believes has the potential |
19 | | to be the cause of or related to a public health emergency, as |
20 | | that term is defined in Section 4 of the Illinois Emergency |
21 | | Management Agency Act, it shall immediately notify the Illinois |
22 | | Emergency Management Agency, the appropriate State and local |
23 | | law enforcement authorities, other appropriate State agencies, |
24 | | and federal health and law enforcement authorities and, after |
25 | | that notification, it shall provide law enforcement |
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1 | | authorities with such other information as law enforcement |
2 | | authorities may request for the purpose of conducting a |
3 | | criminal investigation or a criminal prosecution of or arising |
4 | | out of that matter. No information containing the identity or |
5 | | tending to reveal the identity of any person may be redisclosed |
6 | | by law enforcement, except in a prosecution of that person for |
7 | | the commission of a crime.
|
8 | | (c) Sharing of information on reportable illnesses, health |
9 | | conditions, unusual disease or symptom clusters, or suspicious |
10 | | events between and among public health and law enforcement |
11 | | authorities shall be restricted to the information necessary |
12 | | for the treatment in response to, control of, investigation of, |
13 | | and prevention of a public health emergency, as that term is |
14 | | defined in Section 4 of the Illinois Emergency Management |
15 | | Agency Act, or for criminal investigation or criminal |
16 | | prosecution of or arising out of that matter.
|
17 | | (d) The operation of the language of this Section is not |
18 | | dependent upon a declaration of disaster by the Governor |
19 | | pursuant to the Illinois Emergency Management Agency Act.
|
20 | | (Source: P.A. 93-829, eff. 7-28-04; revised 11-25-14.)
|
21 | | Section 90. The Illinois Commission on Volunteerism and |
22 | | Community Service Act is amended by changing Section 6.1 as |
23 | | follows:
|
24 | | (20 ILCS 2330/6.1)
(was 20 ILCS 710/6.1)
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1 | | Sec. 6.1. Functions of Commission. The Commission shall |
2 | | meet at least
quarterly and shall advise and consult with the |
3 | | Department of Public Health and the Governor's Office on all |
4 | | matters relating to community service in Illinois. In
addition, |
5 | | the Commission shall have the following duties:
|
6 | | (a) prepare a 3-year State
service plan, developed |
7 | | through an open,
public process and updated annually;
|
8 | | (b) prepare the financial assistance applications of |
9 | | the State under
the National and Community Service Trust |
10 | | Fund Act of 1993, as amended by the Serve America Act;
|
11 | | (c) assist in the preparation of the application by the |
12 | | State Board of
Education for assistance under that Act;
|
13 | | (d) prepare the State's application under that Act for |
14 | | the approval of
national service positions;
|
15 | | (e) assist in the provision of health care and child |
16 | | care benefits under
that Act;
|
17 | | (f) develop a State recruitment, placement, and |
18 | | information dissemination
system for participants in |
19 | | programs that receive assistance under the national
|
20 | | service laws;
|
21 | | (g) administer the State's grant program including |
22 | | selection, oversight, and
evaluation of grant recipients;
|
23 | | (h) make technical assistance available to enable |
24 | | applicants to plan and
implement service programs and to |
25 | | apply for assistance under the national
service laws;
|
26 | | (i) develop projects, training methods, curriculum |
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1 | | materials, and other
activities related to service;
|
2 | | (j) coordinate its functions with any division of the |
3 | | federal
Corporation for National and Community Service |
4 | | outlined in the
National and Community Service Trust Fund |
5 | | Act of 1993, as amended by the Serve America Act ; .
|
6 | | (k) publicize Commission services and promote |
7 | | community
involvement in the
activities of the Commission;
|
8 | | (l) promote increased visibility and support for |
9 | | volunteers of all ages,
especially youth and senior |
10 | | citizens,
and community
service in meeting the needs of |
11 | | Illinois residents; and
|
12 | | (m) represent the Department of Public Health and the |
13 | | Governor's Office on such occasions and in such manner as
|
14 | | the Department may provide.
|
15 | | (Source: P.A. 98-692, eff. 7-1-14; revised 11-25-14.)
|
16 | | Section 95. The Blind Vendors Act is amended by changing |
17 | | Section 30 as follows:
|
18 | | (20 ILCS 2421/30)
|
19 | | Sec. 30. Vending machine income and compliance. |
20 | | (a) Except as provided in subsections (b), (c), (d), (e), |
21 | | and (i) of this Section, after July 1, 2010, all vending |
22 | | machine income, as defined by this Act, from vending machines |
23 | | on State property shall accrue to (1) the blind vendor |
24 | | operating the vending facilities on the property or (2) in the |
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1 | | event there is no blind vendor operating a facility on the |
2 | | property, the Blind Vendors Trust Fund for use exclusively as |
3 | | set forth in subsection (a) of Section 25 of this Act. |
4 | | (b) Notwithstanding the provisions of subsection (a) of |
5 | | this Section, all State university cafeterias and vending |
6 | | machines are exempt from this Act. |
7 | | (c) Notwithstanding the provisions of subsection (a) of |
8 | | this Section, all vending facilities at the Governor Samuel H. |
9 | | Shapiro Developmental Center in Kankakee are exempt from this |
10 | | Act. |
11 | | (d) Notwithstanding the provisions of subsection (a) of |
12 | | this Section, in
the event there is no blind vendor operating a |
13 | | vending facility on the
State property, all vending machine |
14 | | income, as defined in this Act, from
vending machines on the |
15 | | State property of the Department of Corrections
and the |
16 | | Department of Juvenile Justice shall accrue to the State agency
|
17 | | and be allocated in accordance with the commissary provisions |
18 | | in the Unified Code of Corrections. |
19 | | (e) Notwithstanding the provisions of subsection (a) of |
20 | | this Section, in the event a blind vendor is operating a |
21 | | vending facility on
the State property of the Department of or |
22 | | Corrections or the Department of
Juvenile Justice, a commission |
23 | | shall be paid to the State agency equal to
10% of the net |
24 | | proceeds from vending machines servicing State employees
and |
25 | | 25% of the net proceeds from vending machines servicing |
26 | | visitors on
the State property. |
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1 | | (f) The Secretary, directly or by delegation of authority, |
2 | | shall ensure compliance with this Section and Section 15 of |
3 | | this Act with respect to buildings, installations, facilities, |
4 | | roadside rest stops, and any other State property, and shall be |
5 | | responsible for the collection of, and accounting for, all |
6 | | vending machine income on this property. The Secretary shall |
7 | | enforce these provisions through litigation, arbitration, or |
8 | | any other legal means available to the State, and each State |
9 | | agency in control of this property shall be subject to the |
10 | | enforcement. State agencies or departments failing to comply |
11 | | with an order of the Department may be held in contempt in any |
12 | | court of general jurisdiction. |
13 | | (g) Any limitation on the placement or operation of a |
14 | | vending machine by a State agency based on a determination that |
15 | | such placement or operation would adversely affect the |
16 | | interests of the State must be explained in writing to the |
17 | | Secretary. The Secretary shall promptly determine whether the |
18 | | limitation is justified. If the Secretary determines that the |
19 | | limitation is not justified, the State agency seeking the |
20 | | limitation shall immediately remove the limitation. |
21 | | (h) The amount of vending machine income accruing from |
22 | | vending machines on State property that may be used for the |
23 | | functions of the Committee shall be determined annually by a |
24 | | two-thirds vote of the Committee, except that no more than 25% |
25 | | of the annual vending machine income may be used by the |
26 | | Committee for this purpose, based upon the income accruing to |
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1 | | the Blind Vendors Trust Fund in the preceding year. The |
2 | | Committee may establish its budget and expend funds through |
3 | | contract or otherwise without the approval of the Department. |
4 | | (i) Notwithstanding the provisions of subsection (a) of |
5 | | this Section, with respect to vending machines located on any |
6 | | facility or property controlled or operated by the Division of |
7 | | Mental Health or the Division of Developmental Disabilities |
8 | | within the Department of Human Services: |
9 | | (1) Any written contract in place as of the effective |
10 | | date of this Act between the Division and the Business |
11 | | Enterprise Program for the Blind shall be maintained and |
12 | | fully adhered to including any moneys paid to the |
13 | | individual facilities. |
14 | | (2) With respect to existing vending machines with no |
15 | | written contract or agreement in place as of the effective |
16 | | date of this Act between the Division and a private vendor, |
17 | | bottler, or vending machine supplier, the Business |
18 | | Enterprise Program for the Blind has the right to provide |
19 | | the vending services as provided in this Act, provided that |
20 | | the blind vendor must provide 10% of gross sales from those |
21 | | machines to the individual facilities.
|
22 | | (Source: P.A. 96-644, eff. 1-1-10; revised 11-25-14.)
|
23 | | Section 100. The Criminal Identification Act is amended by |
24 | | changing Sections 4.5 and 5.2 as follows:
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1 | | (20 ILCS 2630/4.5) |
2 | | Sec. 4.5. Ethnic and racial data collection. |
3 | | (a) Ethnic and racial data for every adult or juvenile |
4 | | arrested shall be collected at the following points of contact |
5 | | by the entity identified in this subsection or another entity |
6 | | authorized and qualified to collect and report on this data: |
7 | | (1) at arrest or booking, by the supervising law |
8 | | enforcement agency; |
9 | | (2) upon admittance to the Department of Corrections, |
10 | | by the Department of Corrections; |
11 | | (3) upon admittance to the Department of Juvenile |
12 | | Justice, by the Department of Juvenile Justice; and |
13 | | (4) (3) upon transfer from the Department of Juvenile |
14 | | Justice to the Department of Corrections, by the Department |
15 | | of Juvenile Justice. |
16 | | (b) Ethnic and racial data shall be collected through |
17 | | selection of one of the following categories: |
18 | | (1) American Indian or Alaskan Native; |
19 | | (2) Asian or Pacific Islander; |
20 | | (3) Black or African American; |
21 | | (4) White or Caucasian; |
22 | | (5) Hispanic or Latino; or |
23 | | (6) Unknown. |
24 | | (c) The collecting entity shall make a good-faith effort to |
25 | | collect race and ethnicity information as self-reported by the |
26 | | adult or juvenile. If the adult or juvenile is unable or |
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1 | | unwilling to provide race and ethnicity information, the |
2 | | collecting entity shall make a good-faith effort to deduce the |
3 | | race and ethnicity of the adult or juvenile.
|
4 | | (Source: P.A. 98-528, eff. 1-1-15; revised 11-25-14.)
|
5 | | (20 ILCS 2630/5.2)
|
6 | | Sec. 5.2. Expungement and sealing. |
7 | | (a) General Provisions. |
8 | | (1) Definitions. In this Act, words and phrases have
|
9 | | the meanings set forth in this subsection, except when a
|
10 | | particular context clearly requires a different meaning. |
11 | | (A) The following terms shall have the meanings |
12 | | ascribed to them in the Unified Code of Corrections, |
13 | | 730 ILCS 5/5-1-2 through 5/5-1-22: |
14 | | (i) Business Offense (730 ILCS 5/5-1-2), |
15 | | (ii) Charge (730 ILCS 5/5-1-3), |
16 | | (iii) Court (730 ILCS 5/5-1-6), |
17 | | (iv) Defendant (730 ILCS 5/5-1-7), |
18 | | (v) Felony (730 ILCS 5/5-1-9), |
19 | | (vi) Imprisonment (730 ILCS 5/5-1-10), |
20 | | (vii) Judgment (730 ILCS 5/5-1-12), |
21 | | (viii) Misdemeanor (730 ILCS 5/5-1-14), |
22 | | (ix) Offense (730 ILCS 5/5-1-15), |
23 | | (x) Parole (730 ILCS 5/5-1-16), |
24 | | (xi) Petty Offense (730 ILCS 5/5-1-17), |
25 | | (xii) Probation (730 ILCS 5/5-1-18), |
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1 | | (xiii) Sentence (730 ILCS 5/5-1-19), |
2 | | (xiv) Supervision (730 ILCS 5/5-1-21), and |
3 | | (xv) Victim (730 ILCS 5/5-1-22). |
4 | | (B) As used in this Section, "charge not initiated |
5 | | by arrest" means a charge (as defined by 730 ILCS |
6 | | 5/5-1-3) brought against a defendant where the |
7 | | defendant is not arrested prior to or as a direct |
8 | | result of the charge. |
9 | | (C) "Conviction" means a judgment of conviction or |
10 | | sentence entered upon a plea of guilty or upon a |
11 | | verdict or finding of guilty of an offense, rendered by |
12 | | a legally constituted jury or by a court of competent |
13 | | jurisdiction authorized to try the case without a jury. |
14 | | An order of supervision successfully completed by the |
15 | | petitioner is not a conviction. An order of qualified |
16 | | probation (as defined in subsection (a)(1)(J)) |
17 | | successfully completed by the petitioner is not a |
18 | | conviction. An order of supervision or an order of |
19 | | qualified probation that is terminated |
20 | | unsatisfactorily is a conviction, unless the |
21 | | unsatisfactory termination is reversed, vacated, or |
22 | | modified and the judgment of conviction, if any, is |
23 | | reversed or vacated. |
24 | | (D) "Criminal offense" means a petty offense, |
25 | | business offense, misdemeanor, felony, or municipal |
26 | | ordinance violation (as defined in subsection |
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1 | | (a)(1)(H)). As used in this Section, a minor traffic |
2 | | offense (as defined in subsection (a)(1)(G)) shall not |
3 | | be considered a criminal offense. |
4 | | (E) "Expunge" means to physically destroy the |
5 | | records or return them to the petitioner and to |
6 | | obliterate the petitioner's name from any official |
7 | | index or public record, or both. Nothing in this Act |
8 | | shall require the physical destruction of the circuit |
9 | | court file, but such records relating to arrests or |
10 | | charges, or both, ordered expunged shall be impounded |
11 | | as required by subsections (d)(9)(A)(ii) and |
12 | | (d)(9)(B)(ii). |
13 | | (F) As used in this Section, "last sentence" means |
14 | | the sentence, order of supervision, or order of |
15 | | qualified probation (as defined by subsection |
16 | | (a)(1)(J)), for a criminal offense (as defined by |
17 | | subsection (a)(1)(D)) that terminates last in time in |
18 | | any jurisdiction, regardless of whether the petitioner |
19 | | has included the criminal offense for which the |
20 | | sentence or order of supervision or qualified |
21 | | probation was imposed in his or her petition. If |
22 | | multiple sentences, orders of supervision, or orders |
23 | | of qualified probation terminate on the same day and |
24 | | are last in time, they shall be collectively considered |
25 | | the "last sentence" regardless of whether they were |
26 | | ordered to run concurrently. |
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1 | | (G) "Minor traffic offense" means a petty offense, |
2 | | business offense, or Class C misdemeanor under the |
3 | | Illinois Vehicle Code or a similar provision of a |
4 | | municipal or local ordinance. |
5 | | (H) "Municipal ordinance violation" means an |
6 | | offense defined by a municipal or local ordinance that |
7 | | is criminal in nature and with which the petitioner was |
8 | | charged or for which the petitioner was arrested and |
9 | | released without charging. |
10 | | (I) "Petitioner" means an adult or a minor |
11 | | prosecuted as an
adult who has applied for relief under |
12 | | this Section. |
13 | | (J) "Qualified probation" means an order of |
14 | | probation under Section 10 of the Cannabis Control Act, |
15 | | Section 410 of the Illinois Controlled Substances Act, |
16 | | Section 70 of the Methamphetamine Control and |
17 | | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 |
18 | | of the Unified Code of Corrections, Section |
19 | | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as |
20 | | those provisions existed before their deletion by |
21 | | Public Act 89-313), Section 10-102 of the Illinois |
22 | | Alcoholism and Other Drug Dependency Act, Section |
23 | | 40-10 of the Alcoholism and Other Drug Abuse and |
24 | | Dependency Act, or Section 10 of the Steroid Control |
25 | | Act. For the purpose of this Section, "successful |
26 | | completion" of an order of qualified probation under |
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1 | | Section 10-102 of the Illinois Alcoholism and Other |
2 | | Drug Dependency Act and Section 40-10 of the Alcoholism |
3 | | and Other Drug Abuse and Dependency Act means that the |
4 | | probation was terminated satisfactorily and the |
5 | | judgment of conviction was vacated. |
6 | | (K) "Seal" means to physically and electronically |
7 | | maintain the records, unless the records would |
8 | | otherwise be destroyed due to age, but to make the |
9 | | records unavailable without a court order, subject to |
10 | | the exceptions in Sections 12 and 13 of this Act. The |
11 | | petitioner's name shall also be obliterated from the |
12 | | official index required to be kept by the circuit court |
13 | | clerk under Section 16 of the Clerks of Courts Act, but |
14 | | any index issued by the circuit court clerk before the |
15 | | entry of the order to seal shall not be affected. |
16 | | (L) "Sexual offense committed against a minor" |
17 | | includes but is
not limited to the offenses of indecent |
18 | | solicitation of a child
or criminal sexual abuse when |
19 | | the victim of such offense is
under 18 years of age. |
20 | | (M) "Terminate" as it relates to a sentence or |
21 | | order of supervision or qualified probation includes |
22 | | either satisfactory or unsatisfactory termination of |
23 | | the sentence, unless otherwise specified in this |
24 | | Section. |
25 | | (2) Minor Traffic Offenses.
Orders of supervision or |
26 | | convictions for minor traffic offenses shall not affect a |
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1 | | petitioner's eligibility to expunge or seal records |
2 | | pursuant to this Section. |
3 | | (3) Exclusions. Except as otherwise provided in |
4 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) |
5 | | of this Section, the court shall not order: |
6 | | (A) the sealing or expungement of the records of |
7 | | arrests or charges not initiated by arrest that result |
8 | | in an order of supervision for or conviction of:
(i) |
9 | | any sexual offense committed against a
minor; (ii) |
10 | | Section 11-501 of the Illinois Vehicle Code or a |
11 | | similar provision of a local ordinance; or (iii) |
12 | | Section 11-503 of the Illinois Vehicle Code or a |
13 | | similar provision of a local ordinance, unless the |
14 | | arrest or charge is for a misdemeanor violation of |
15 | | subsection (a) of Section 11-503 or a similar provision |
16 | | of a local ordinance, that occurred prior to the |
17 | | offender reaching the age of 25 years and the offender |
18 | | has no other conviction for violating Section 11-501 or |
19 | | 11-503 of the Illinois Vehicle Code or a similar |
20 | | provision of a local ordinance. |
21 | | (B) the sealing or expungement of records of minor |
22 | | traffic offenses (as defined in subsection (a)(1)(G)), |
23 | | unless the petitioner was arrested and released |
24 | | without charging. |
25 | | (C) the sealing of the records of arrests or |
26 | | charges not initiated by arrest which result in an |
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1 | | order of supervision or a conviction for the following |
2 | | offenses: |
3 | | (i) offenses included in Article 11 of the |
4 | | Criminal Code of 1961 or the Criminal Code of 2012 |
5 | | or a similar provision of a local ordinance, except |
6 | | Section 11-14 of the Criminal Code of 1961 or the |
7 | | Criminal Code of 2012, or a similar provision of a |
8 | | local ordinance; |
9 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, |
10 | | 26-5, or 48-1 of the Criminal Code of 1961 or the |
11 | | Criminal Code of 2012, or a similar provision of a |
12 | | local ordinance; |
13 | | (iii) Sections 12-3.1 or 12-3.2 of the |
14 | | Criminal Code of 1961 or the Criminal Code of 2012, |
15 | | or Section 125 of the Stalking No Contact Order |
16 | | Act, or Section 219 of the Civil No Contact Order |
17 | | Act, or a similar provision of a local ordinance; |
18 | | (iv) offenses which are Class A misdemeanors |
19 | | under the Humane Care for Animals Act; or |
20 | | (v) any offense or attempted offense that |
21 | | would subject a person to registration under the |
22 | | Sex Offender Registration Act. |
23 | | (D) the sealing of the records of an arrest which |
24 | | results in
the petitioner being charged with a felony |
25 | | offense or records of a charge not initiated by arrest |
26 | | for a felony offense unless: |
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1 | | (i) the charge is amended to a misdemeanor and |
2 | | is otherwise
eligible to be sealed pursuant to |
3 | | subsection (c); |
4 | | (ii) the charge is brought along with another |
5 | | charge as a part of one case and the charge results |
6 | | in acquittal, dismissal, or conviction when the |
7 | | conviction was reversed or vacated, and another |
8 | | charge brought in the same case results in a |
9 | | disposition for a misdemeanor offense that is |
10 | | eligible to be sealed pursuant to subsection (c) or |
11 | | a disposition listed in paragraph (i), (iii), or |
12 | | (iv) of this subsection; |
13 | | (iii) the charge results in first offender |
14 | | probation as set forth in subsection (c)(2)(E); |
15 | | (iv) the charge is for a felony offense listed |
16 | | in subsection (c)(2)(F) or the charge is amended to |
17 | | a felony offense listed in subsection (c)(2)(F); |
18 | | (v) the charge results in acquittal, |
19 | | dismissal, or the petitioner's release without |
20 | | conviction; or |
21 | | (vi) the charge results in a conviction, but |
22 | | the conviction was reversed or vacated. |
23 | | (b) Expungement. |
24 | | (1) A petitioner may petition the circuit court to |
25 | | expunge the
records of his or her arrests and charges not |
26 | | initiated by arrest when: |
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1 | | (A) He or she has never been convicted of a |
2 | | criminal offense; and |
3 | | (B) Each arrest or charge not initiated by arrest
|
4 | | sought to be expunged resulted in:
(i) acquittal, |
5 | | dismissal, or the petitioner's release without |
6 | | charging, unless excluded by subsection (a)(3)(B);
|
7 | | (ii) a conviction which was vacated or reversed, unless |
8 | | excluded by subsection (a)(3)(B);
(iii) an order of |
9 | | supervision and such supervision was successfully |
10 | | completed by the petitioner, unless excluded by |
11 | | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of |
12 | | qualified probation (as defined in subsection |
13 | | (a)(1)(J)) and such probation was successfully |
14 | | completed by the petitioner. |
15 | | (2) Time frame for filing a petition to expunge. |
16 | | (A) When the arrest or charge not initiated by |
17 | | arrest sought to be expunged resulted in an acquittal, |
18 | | dismissal, the petitioner's release without charging, |
19 | | or the reversal or vacation of a conviction, there is |
20 | | no waiting period to petition for the expungement of |
21 | | such records. |
22 | | (B) When the arrest or charge not initiated by |
23 | | arrest
sought to be expunged resulted in an order of |
24 | | supervision, successfully
completed by the petitioner, |
25 | | the following time frames will apply: |
26 | | (i) Those arrests or charges that resulted in |
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1 | | orders of
supervision under Section 3-707, 3-708, |
2 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or a |
3 | | similar provision of a local ordinance, or under |
4 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal |
5 | | Code of 1961 or the Criminal Code of 2012, or a |
6 | | similar provision of a local ordinance, shall not |
7 | | be eligible for expungement until 5 years have |
8 | | passed following the satisfactory termination of |
9 | | the supervision. |
10 | | (i-5) Those arrests or charges that resulted |
11 | | in orders of supervision for a misdemeanor |
12 | | violation of subsection (a) of Section 11-503 of |
13 | | the Illinois Vehicle Code or a similar provision of |
14 | | a local ordinance, that occurred prior to the |
15 | | offender reaching the age of 25 years and the |
16 | | offender has no other conviction for violating |
17 | | Section 11-501 or 11-503 of the Illinois Vehicle |
18 | | Code or a similar provision of a local ordinance |
19 | | shall not be eligible for expungement until the |
20 | | petitioner has reached the age of 25 years. |
21 | | (ii) Those arrests or charges that resulted in |
22 | | orders
of supervision for any other offenses shall |
23 | | not be
eligible for expungement until 2 years have |
24 | | passed
following the satisfactory termination of |
25 | | the supervision. |
26 | | (C) When the arrest or charge not initiated by |
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1 | | arrest sought to
be expunged resulted in an order of |
2 | | qualified probation, successfully
completed by the |
3 | | petitioner, such records shall not be eligible for
|
4 | | expungement until 5 years have passed following the |
5 | | satisfactory
termination of the probation. |
6 | | (3) Those records maintained by the Department for
|
7 | | persons arrested prior to their 17th birthday shall be
|
8 | | expunged as provided in Section 5-915 of the Juvenile Court
|
9 | | Act of 1987. |
10 | | (4) Whenever a person has been arrested for or |
11 | | convicted of any
offense, in the name of a person whose |
12 | | identity he or she has stolen or otherwise
come into |
13 | | possession of, the aggrieved person from whom the identity
|
14 | | was stolen or otherwise obtained without authorization,
|
15 | | upon learning of the person having been arrested using his
|
16 | | or her identity, may, upon verified petition to the chief |
17 | | judge of
the circuit wherein the arrest was made, have a |
18 | | court order
entered nunc pro tunc by the Chief Judge to |
19 | | correct the
arrest record, conviction record, if any, and |
20 | | all official
records of the arresting authority, the |
21 | | Department, other
criminal justice agencies, the |
22 | | prosecutor, and the trial
court concerning such arrest, if |
23 | | any, by removing his or her name
from all such records in |
24 | | connection with the arrest and
conviction, if any, and by |
25 | | inserting in the records the
name of the offender, if known |
26 | | or ascertainable, in lieu of
the aggrieved's name. The |
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1 | | records of the circuit court clerk shall be sealed until |
2 | | further order of
the court upon good cause shown and the |
3 | | name of the
aggrieved person obliterated on the official |
4 | | index
required to be kept by the circuit court clerk under
|
5 | | Section 16 of the Clerks of Courts Act, but the order shall
|
6 | | not affect any index issued by the circuit court clerk
|
7 | | before the entry of the order. Nothing in this Section
|
8 | | shall limit the Department of State Police or other
|
9 | | criminal justice agencies or prosecutors from listing
|
10 | | under an offender's name the false names he or she has
|
11 | | used. |
12 | | (5) Whenever a person has been convicted of criminal
|
13 | | sexual assault, aggravated criminal sexual assault,
|
14 | | predatory criminal sexual assault of a child, criminal
|
15 | | sexual abuse, or aggravated criminal sexual abuse, the
|
16 | | victim of that offense may request that the State's
|
17 | | Attorney of the county in which the conviction occurred
|
18 | | file a verified petition with the presiding trial judge at
|
19 | | the petitioner's trial to have a court order entered to |
20 | | seal
the records of the circuit court clerk in connection
|
21 | | with the proceedings of the trial court concerning that
|
22 | | offense. However, the records of the arresting authority
|
23 | | and the Department of State Police concerning the offense
|
24 | | shall not be sealed. The court, upon good cause shown,
|
25 | | shall make the records of the circuit court clerk in
|
26 | | connection with the proceedings of the trial court
|
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1 | | concerning the offense available for public inspection. |
2 | | (6) If a conviction has been set aside on direct review
|
3 | | or on collateral attack and the court determines by clear
|
4 | | and convincing evidence that the petitioner was factually
|
5 | | innocent of the charge, the court that finds the petitioner |
6 | | factually innocent of the charge shall enter an
expungement |
7 | | order for the conviction for which the petitioner has been |
8 | | determined to be innocent as provided in subsection (b) of |
9 | | Section
5-5-4 of the Unified Code of Corrections. |
10 | | (7) Nothing in this Section shall prevent the |
11 | | Department of
State Police from maintaining all records of |
12 | | any person who
is admitted to probation upon terms and |
13 | | conditions and who
fulfills those terms and conditions |
14 | | pursuant to Section 10
of the Cannabis Control Act, Section |
15 | | 410 of the Illinois
Controlled Substances Act, Section 70 |
16 | | of the
Methamphetamine Control and Community Protection |
17 | | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of |
18 | | Corrections, Section 12-4.3 or subdivision (b)(1) of |
19 | | Section 12-3.05 of the Criminal Code of 1961 or the |
20 | | Criminal Code of 2012, Section 10-102
of the Illinois |
21 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of |
22 | | the Alcoholism and Other Drug Abuse and
Dependency Act, or |
23 | | Section 10 of the Steroid Control Act. |
24 | | (8) If the petitioner has been granted a certificate of |
25 | | innocence under Section 2-702 of the Code of Civil |
26 | | Procedure, the court that grants the certificate of |
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1 | | innocence shall also enter an order expunging the |
2 | | conviction for which the petitioner has been determined to |
3 | | be innocent as provided in subsection (h) of Section 2-702 |
4 | | of the Code of Civil Procedure. |
5 | | (c) Sealing. |
6 | | (1) Applicability. Notwithstanding any other provision |
7 | | of this Act to the contrary, and cumulative with any rights |
8 | | to expungement of criminal records, this subsection |
9 | | authorizes the sealing of criminal records of adults and of |
10 | | minors prosecuted as adults. |
11 | | (2) Eligible Records. The following records may be |
12 | | sealed: |
13 | | (A) All arrests resulting in release without |
14 | | charging; |
15 | | (B) Arrests or charges not initiated by arrest |
16 | | resulting in acquittal, dismissal, or conviction when |
17 | | the conviction was reversed or vacated, except as |
18 | | excluded by subsection (a)(3)(B); |
19 | | (C) Arrests or charges not initiated by arrest |
20 | | resulting in orders of supervision, including orders |
21 | | of supervision for municipal ordinance violations, |
22 | | successfully completed by the petitioner, unless |
23 | | excluded by subsection (a)(3); |
24 | | (D) Arrests or charges not initiated by arrest |
25 | | resulting in convictions, including convictions on |
26 | | municipal ordinance violations, unless excluded by |
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1 | | subsection (a)(3); |
2 | | (E) Arrests or charges not initiated by arrest |
3 | | resulting in orders of first offender probation under |
4 | | Section 10 of the Cannabis Control Act, Section 410 of |
5 | | the Illinois Controlled Substances Act, Section 70 of |
6 | | the Methamphetamine Control and Community Protection |
7 | | Act, or Section 5-6-3.3 of the Unified Code of |
8 | | Corrections; and |
9 | | (F) Arrests or charges not initiated by arrest |
10 | | resulting in felony convictions for the following |
11 | | offenses: |
12 | | (i) Class 4 felony convictions for: |
13 | | Prostitution under Section 11-14 of the |
14 | | Criminal Code of 1961 or the Criminal Code of |
15 | | 2012. |
16 | | Possession of cannabis under Section 4 of |
17 | | the Cannabis Control Act. |
18 | | Possession of a controlled substance under |
19 | | Section 402 of the Illinois Controlled |
20 | | Substances Act. |
21 | | Offenses under the Methamphetamine |
22 | | Precursor Control Act. |
23 | | Offenses under the Steroid Control Act. |
24 | | Theft under Section 16-1 of the Criminal |
25 | | Code of 1961 or the Criminal Code of 2012. |
26 | | Retail theft under Section 16A-3 or |
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1 | | paragraph (a) of 16-25 of the Criminal Code of |
2 | | 1961 or the Criminal Code of 2012. |
3 | | Deceptive practices under Section 17-1 of |
4 | | the Criminal Code of 1961 or the Criminal Code |
5 | | of 2012. |
6 | | Forgery under Section 17-3 of the Criminal |
7 | | Code of 1961 or the Criminal Code of 2012. |
8 | | Possession of burglary tools under Section |
9 | | 19-2 of the Criminal Code of 1961 or the |
10 | | Criminal Code of 2012. |
11 | | (ii) Class 3 felony convictions for: |
12 | | Theft under Section 16-1 of the Criminal |
13 | | Code of 1961 or the Criminal Code of 2012. |
14 | | Retail theft under Section 16A-3 or |
15 | | paragraph (a) of 16-25 of the Criminal Code of |
16 | | 1961 or the Criminal Code of 2012. |
17 | | Deceptive practices under Section 17-1 of |
18 | | the Criminal Code of 1961 or the Criminal Code |
19 | | of 2012. |
20 | | Forgery under Section 17-3 of the Criminal |
21 | | Code of 1961 or the Criminal Code of 2012. |
22 | | Possession with intent to manufacture or |
23 | | deliver a controlled substance under Section |
24 | | 401 of the Illinois Controlled Substances Act. |
25 | | (3) When Records Are Eligible to Be Sealed. Records |
26 | | identified as eligible under subsection (c)(2) may be |
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1 | | sealed as follows: |
2 | | (A) Records identified as eligible under |
3 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any |
4 | | time. |
5 | | (B) Records identified as eligible under |
6 | | subsection (c)(2)(C) may be sealed
(i) 3 years after |
7 | | the termination of petitioner's last sentence (as |
8 | | defined in subsection (a)(1)(F)) if the petitioner has |
9 | | never been convicted of a criminal offense (as defined |
10 | | in subsection (a)(1)(D)); or
(ii) 4 years after the |
11 | | termination of the petitioner's last sentence (as |
12 | | defined in subsection (a)(1)(F)) if the petitioner has |
13 | | ever been convicted of a criminal offense (as defined |
14 | | in subsection (a)(1)(D)). |
15 | | (C) Records identified as eligible under |
16 | | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be |
17 | | sealed 4 years after the termination of the |
18 | | petitioner's last sentence (as defined in subsection |
19 | | (a)(1)(F)). |
20 | | (D) Records identified in subsection |
21 | | (a)(3)(A)(iii) may be sealed after the petitioner has |
22 | | reached the age of 25 years. |
23 | | (4) Subsequent felony convictions. A person may not |
24 | | have
subsequent felony conviction records sealed as |
25 | | provided in this subsection
(c) if he or she is convicted |
26 | | of any felony offense after the date of the
sealing of |
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1 | | prior felony convictions as provided in this subsection |
2 | | (c). The court may, upon conviction for a subsequent felony |
3 | | offense, order the unsealing of prior felony conviction |
4 | | records previously ordered sealed by the court. |
5 | | (5) Notice of eligibility for sealing. Upon entry of a |
6 | | disposition for an eligible record under this subsection |
7 | | (c), the petitioner shall be informed by the court of the |
8 | | right to have the records sealed and the procedures for the |
9 | | sealing of the records. |
10 | | (d) Procedure. The following procedures apply to |
11 | | expungement under subsections (b), (e), and (e-6) and sealing |
12 | | under subsections (c) and (e-5): |
13 | | (1) Filing the petition. Upon becoming eligible to |
14 | | petition for
the expungement or sealing of records under |
15 | | this Section, the petitioner shall file a petition |
16 | | requesting the expungement
or sealing of records with the |
17 | | clerk of the court where the arrests occurred or the |
18 | | charges were brought, or both. If arrests occurred or |
19 | | charges were brought in multiple jurisdictions, a petition |
20 | | must be filed in each such jurisdiction. The petitioner |
21 | | shall pay the applicable fee, if not waived. |
22 | | (2) Contents of petition. The petition shall be
|
23 | | verified and shall contain the petitioner's name, date of
|
24 | | birth, current address and, for each arrest or charge not |
25 | | initiated by
arrest sought to be sealed or expunged, the |
26 | | case number, the date of
arrest (if any), the identity of |
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1 | | the arresting authority, and such
other information as the |
2 | | court may require. During the pendency
of the proceeding, |
3 | | the petitioner shall promptly notify the
circuit court |
4 | | clerk of any change of his or her address. If the |
5 | | petitioner has received a certificate of eligibility for |
6 | | sealing from the Prisoner Review Board under paragraph (10) |
7 | | of subsection (a) of Section 3-3-2 of the Unified Code of |
8 | | Corrections, the certificate shall be attached to the |
9 | | petition. |
10 | | (3) Drug test. The petitioner must attach to the |
11 | | petition proof that the petitioner has passed a test taken |
12 | | within 30 days before the filing of the petition showing |
13 | | the absence within his or her body of all illegal |
14 | | substances as defined by the Illinois Controlled |
15 | | Substances Act, the Methamphetamine Control and Community |
16 | | Protection Act, and the Cannabis Control Act if he or she |
17 | | is petitioning to: |
18 | | (A) seal felony records under clause (c)(2)(E); |
19 | | (B) seal felony records for a violation of the |
20 | | Illinois Controlled Substances Act, the |
21 | | Methamphetamine Control and Community Protection Act, |
22 | | or the Cannabis Control Act under clause (c)(2)(F); |
23 | | (C) seal felony records under subsection (e-5); or |
24 | | (D) expunge felony records of a qualified |
25 | | probation under clause (b)(1)(B)(iv). |
26 | | (4) Service of petition. The circuit court clerk shall |
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1 | | promptly
serve a copy of the petition and documentation to |
2 | | support the petition under subsection (e-5) or (e-6) on the |
3 | | State's Attorney or
prosecutor charged with the duty of |
4 | | prosecuting the
offense, the Department of State Police, |
5 | | the arresting
agency and the chief legal officer of the |
6 | | unit of local
government effecting the arrest. |
7 | | (5) Objections. |
8 | | (A) Any party entitled to notice of the petition |
9 | | may file an objection to the petition. All objections |
10 | | shall be in writing, shall be filed with the circuit |
11 | | court clerk, and shall state with specificity the basis |
12 | | of the objection. Whenever a person who has been |
13 | | convicted of an offense is granted
a pardon by the |
14 | | Governor which specifically authorizes expungement, an |
15 | | objection to the petition may not be filed. |
16 | | (B) Objections to a petition to expunge or seal |
17 | | must be filed within 60 days of the date of service of |
18 | | the petition. |
19 | | (6) Entry of order. |
20 | | (A) The Chief Judge of the circuit wherein the |
21 | | charge was brought, any judge of that circuit |
22 | | designated by the Chief Judge, or in counties of less |
23 | | than 3,000,000 inhabitants, the presiding trial judge |
24 | | at the petitioner's trial, if any, shall rule on the |
25 | | petition to expunge or seal as set forth in this |
26 | | subsection (d)(6). |
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1 | | (B) Unless the State's Attorney or prosecutor, the |
2 | | Department of
State Police, the arresting agency, or |
3 | | the chief legal officer
files an objection to the |
4 | | petition to expunge or seal within 60 days from the |
5 | | date of service of the petition, the court shall enter |
6 | | an order granting or denying the petition. |
7 | | (7) Hearings. If an objection is filed, the court shall |
8 | | set a date for a hearing and notify the petitioner and all |
9 | | parties entitled to notice of the petition of the hearing |
10 | | date at least 30 days prior to the hearing. Prior to the |
11 | | hearing, the State's Attorney shall consult with the |
12 | | Department as to the appropriateness of the relief sought |
13 | | in the petition to expunge or seal. At the hearing, the |
14 | | court shall hear evidence on whether the petition should or |
15 | | should not be granted, and shall grant or deny the petition |
16 | | to expunge or seal the records based on the evidence |
17 | | presented at the hearing. The court may consider the |
18 | | following: |
19 | | (A) the strength of the evidence supporting the |
20 | | defendant's conviction; |
21 | | (B) the reasons for retention of the conviction |
22 | | records by the State; |
23 | | (C) the petitioner's age, criminal record history, |
24 | | and employment history; |
25 | | (D) the period of time between the petitioner's |
26 | | arrest on the charge resulting in the conviction and |
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1 | | the filing of the petition under this Section; and |
2 | | (E) the specific adverse consequences the |
3 | | petitioner may be subject to if the petition is denied. |
4 | | (8) Service of order. After entering an order to |
5 | | expunge or
seal records, the court must provide copies of |
6 | | the order to the
Department, in a form and manner |
7 | | prescribed by the Department,
to the petitioner, to the |
8 | | State's Attorney or prosecutor
charged with the duty of |
9 | | prosecuting the offense, to the
arresting agency, to the |
10 | | chief legal officer of the unit of
local government |
11 | | effecting the arrest, and to such other
criminal justice |
12 | | agencies as may be ordered by the court. |
13 | | (9) Implementation of order. |
14 | | (A) Upon entry of an order to expunge records |
15 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: |
16 | | (i) the records shall be expunged (as defined |
17 | | in subsection (a)(1)(E)) by the arresting agency, |
18 | | the Department, and any other agency as ordered by |
19 | | the court, within 60 days of the date of service of |
20 | | the order, unless a motion to vacate, modify, or |
21 | | reconsider the order is filed pursuant to |
22 | | paragraph (12) of subsection (d) of this Section; |
23 | | (ii) the records of the circuit court clerk |
24 | | shall be impounded until further order of the court |
25 | | upon good cause shown and the name of the |
26 | | petitioner obliterated on the official index |
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1 | | required to be kept by the circuit court clerk |
2 | | under Section 16 of the Clerks of Courts Act, but |
3 | | the order shall not affect any index issued by the |
4 | | circuit court clerk before the entry of the order; |
5 | | and |
6 | | (iii) in response to an inquiry for expunged |
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) Upon entry of an order to expunge records |
12 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: |
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 pursuant to 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 |
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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 | | pursuant to paragraph (12) of subsection (d) of |
7 | | this 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 such records |
17 | | from anyone not authorized by law to access such |
18 | | records, the court, the Department, or the agency |
19 | | receiving such inquiry shall reply as it does in |
20 | | response to inquiries when no records ever |
21 | | existed. |
22 | | (B-5) Upon entry of an order to expunge records |
23 | | under subsection (e-6): |
24 | | (i) the records shall be expunged (as defined |
25 | | in subsection (a)(1)(E)) by the arresting agency |
26 | | and any other agency as ordered by the court, |
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1 | | within 60 days of the date of service of the order, |
2 | | unless a motion to vacate, modify, or reconsider |
3 | | the order is filed under paragraph (12) of |
4 | | subsection (d) of this Section; |
5 | | (ii) the records of the circuit court clerk |
6 | | shall be impounded until further order of the court |
7 | | upon good cause shown and the name of the |
8 | | petitioner obliterated on the official index |
9 | | required to be kept by the circuit court clerk |
10 | | under Section 16 of the Clerks of Courts Act, but |
11 | | the order shall not affect any index issued by the |
12 | | circuit court clerk before the entry of the order; |
13 | | (iii) the records shall be impounded by the
|
14 | | Department within 60 days of the date of service of |
15 | | the order as ordered by the court, unless a motion |
16 | | to vacate, modify, or reconsider the order is filed |
17 | | under paragraph (12) of subsection (d) of this |
18 | | Section; |
19 | | (iv) records impounded by the Department may |
20 | | be disseminated by the Department only as required |
21 | | by law or to the arresting authority, the State's |
22 | | Attorney, and the court upon a later arrest for the |
23 | | same or a similar offense or for the purpose of |
24 | | sentencing for any subsequent felony, and to the |
25 | | Department of Corrections upon conviction for any |
26 | | offense; and |
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1 | | (v) in response to an inquiry for these records |
2 | | from anyone not authorized by law to access the |
3 | | records, the court, the Department, or the agency |
4 | | receiving the inquiry shall reply as it does in |
5 | | response to inquiries when no records ever |
6 | | existed. |
7 | | (C) Upon entry of an order to seal records under |
8 | | subsection
(c), the arresting agency, any other agency |
9 | | as ordered by the court, the Department, and the court |
10 | | shall seal the records (as defined in subsection |
11 | | (a)(1)(K)). In response to an inquiry for such records |
12 | | from anyone not authorized by law to access such |
13 | | records, the court, the Department, or the agency |
14 | | receiving such inquiry shall reply as it does in |
15 | | response to inquiries when no records ever existed. |
16 | | (D) The Department shall send written notice to the |
17 | | petitioner of its compliance with each order to expunge |
18 | | or seal records within 60 days of the date of service |
19 | | of that order or, if a motion to vacate, modify, or |
20 | | reconsider is filed, within 60 days of service of the |
21 | | order resolving the motion, if that order requires the |
22 | | Department to expunge or seal records. In the event of |
23 | | an appeal from the circuit court order, the Department |
24 | | shall send written notice to the petitioner of its |
25 | | compliance with an Appellate Court or Supreme Court |
26 | | judgment to expunge or seal records within 60 days of |
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1 | | the issuance of the court's mandate. The notice is not |
2 | | required while any motion to vacate, modify, or |
3 | | reconsider, or any appeal or petition for |
4 | | discretionary appellate review, is pending. |
5 | | (10) Fees. The Department may charge the petitioner a |
6 | | fee equivalent to the cost of processing any order to |
7 | | expunge or seal records. Notwithstanding any provision of |
8 | | the Clerks of Courts Act to the contrary, the circuit court |
9 | | clerk may charge a fee equivalent to the cost associated |
10 | | with the sealing or expungement of records by the circuit |
11 | | court clerk. From the total filing fee collected for the |
12 | | petition to seal or expunge, the circuit court clerk shall |
13 | | deposit $10 into the Circuit Court Clerk Operation and |
14 | | Administrative Fund, to be used to offset the costs |
15 | | incurred by the circuit court clerk in performing the |
16 | | additional duties required to serve the petition to seal or |
17 | | expunge on all parties. The circuit court clerk shall |
18 | | collect and forward the Department of State Police portion |
19 | | of the fee to the Department and it shall be deposited in |
20 | | the State Police Services Fund. |
21 | | (11) Final Order. No court order issued under the |
22 | | expungement or sealing provisions of this Section shall |
23 | | become final for purposes of appeal until 30 days after |
24 | | service of the order on the petitioner and all parties |
25 | | entitled to notice of the petition. |
26 | | (12) Motion to Vacate, Modify, or Reconsider. Under |
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1 | | Section 2-1203 of the Code of Civil Procedure, the |
2 | | petitioner or any party entitled to notice may file a |
3 | | motion to vacate, modify, or reconsider the order granting |
4 | | or denying the petition to expunge or seal within 60 days |
5 | | of service of the order. If filed more than 60 days after |
6 | | service of the order, a petition to vacate, modify, or |
7 | | reconsider shall comply with subsection (c) of Section |
8 | | 2-1401 of the Code of Civil Procedure. Upon filing of a |
9 | | motion to vacate, modify, or reconsider, notice of the |
10 | | motion shall be served upon the petitioner and all parties |
11 | | entitled to notice of the petition. |
12 | | (13) Effect of Order. An order granting a petition |
13 | | under the expungement or sealing provisions of this Section |
14 | | shall not be considered void because it fails to comply |
15 | | with the provisions of this Section or because of any error |
16 | | asserted in a motion to vacate, modify, or reconsider. The |
17 | | circuit court retains jurisdiction to determine whether |
18 | | the order is voidable and to vacate, modify, or reconsider |
19 | | its terms based on a motion filed under paragraph (12) of |
20 | | this subsection (d). |
21 | | (14) Compliance with Order Granting Petition to Seal |
22 | | Records. Unless a court has entered a stay of an order |
23 | | granting a petition to seal, all parties entitled to notice |
24 | | of the petition must fully comply with the terms of the |
25 | | order within 60 days of service of the order even if a |
26 | | party is seeking relief from the order through a motion |
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1 | | filed under paragraph (12) of this subsection (d) or is |
2 | | appealing the order. |
3 | | (15) Compliance with Order Granting Petition to |
4 | | Expunge Records. While a party is seeking relief from the |
5 | | order granting the petition to expunge through a motion |
6 | | filed under paragraph (12) of this subsection (d) or is |
7 | | appealing the order, and unless a court has entered a stay |
8 | | of that order, the parties entitled to notice of the |
9 | | petition must seal, but need not expunge, the records until |
10 | | there is a final order on the motion for relief or, in the |
11 | | case of an appeal, the issuance of that court's mandate. |
12 | | (16) The changes to this subsection (d) made by Public |
13 | | Act 98-163 apply to all petitions pending on August 5, 2013 |
14 | | (the effective date of Public Act 98-163) and to all orders |
15 | | ruling on a petition to expunge or seal on or after August |
16 | | 5, 2013 (the effective date of Public Act 98-163). |
17 | | (e) Whenever a person who has been convicted of an offense |
18 | | is granted
a pardon by the Governor which specifically |
19 | | authorizes expungement, he or she may,
upon verified petition |
20 | | to the Chief Judge of the circuit where the person had
been |
21 | | convicted, any judge of the circuit designated by the Chief |
22 | | Judge, or in
counties of less than 3,000,000 inhabitants, the |
23 | | presiding trial judge at the
defendant's trial, have a court |
24 | | order entered expunging the record of
arrest from the official |
25 | | records of the arresting authority and order that the
records |
26 | | of the circuit court clerk and the Department be sealed until
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1 | | further order of the court upon good cause shown or as |
2 | | otherwise provided
herein, and the name of the defendant |
3 | | obliterated from the official index
requested to be kept by the |
4 | | circuit court clerk under Section 16 of the Clerks
of Courts |
5 | | Act in connection with the arrest and conviction for the |
6 | | offense for
which he or she had been pardoned but the order |
7 | | shall not affect any index issued by
the circuit court clerk |
8 | | before the entry of the order. All records sealed by
the |
9 | | Department may be disseminated by the Department only to the |
10 | | arresting authority, the State's Attorney, and the court upon a |
11 | | later
arrest for the same or similar offense or for the purpose |
12 | | of sentencing for any
subsequent felony. Upon conviction for |
13 | | any subsequent offense, the Department
of Corrections shall |
14 | | have access to all sealed records of the Department
pertaining |
15 | | to that individual. Upon entry of the order of expungement, the
|
16 | | circuit court clerk shall promptly mail a copy of the order to |
17 | | the
person who was pardoned. |
18 | | (e-5) Whenever a person who has been convicted of an |
19 | | offense is granted a certificate of eligibility for sealing by |
20 | | the Prisoner Review Board which specifically authorizes |
21 | | sealing, he or she may, upon verified petition to the Chief |
22 | | Judge of the circuit where the person had been convicted, any |
23 | | judge of the circuit designated by the Chief Judge, or in |
24 | | counties of less than 3,000,000 inhabitants, the presiding |
25 | | trial judge at the petitioner's trial, have a court order |
26 | | entered sealing the record of arrest from the official records |
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1 | | of the arresting authority and order that the records of the |
2 | | circuit court clerk and the Department be sealed until further |
3 | | order of the court upon good cause shown or as otherwise |
4 | | provided herein, and the name of the petitioner obliterated |
5 | | from the official index requested to be kept by the circuit |
6 | | court clerk under Section 16 of the Clerks of Courts Act in |
7 | | connection with the arrest and conviction for the offense for |
8 | | which he or she had been granted the certificate but the order |
9 | | shall not affect any index issued by the circuit court clerk |
10 | | before the entry of the order. All records sealed by the |
11 | | Department may be disseminated by the Department only as |
12 | | required by this Act or to the arresting authority, a law |
13 | | enforcement agency, the State's Attorney, and the court upon a |
14 | | later arrest for the same or similar offense or for the purpose |
15 | | of sentencing for any subsequent felony. Upon conviction for |
16 | | any subsequent offense, the Department of Corrections shall |
17 | | have access to all sealed records of the Department pertaining |
18 | | to that individual. Upon entry of the order of sealing, the |
19 | | circuit court clerk shall promptly mail a copy of the order to |
20 | | the person who was granted the certificate of eligibility for |
21 | | sealing. |
22 | | (e-6) Whenever a person who has been convicted of an |
23 | | offense is granted a certificate of eligibility for expungement |
24 | | by the Prisoner Review Board which specifically authorizes |
25 | | expungement, he or she may, upon verified petition to the Chief |
26 | | Judge of the circuit where the person had been convicted, any |
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1 | | judge of the circuit designated by the Chief Judge, or in |
2 | | counties of less than 3,000,000 inhabitants, the presiding |
3 | | trial judge at the petitioner's trial, have a court order |
4 | | entered expunging the record of arrest from the official |
5 | | records of the arresting authority and order that the records |
6 | | of the circuit court clerk and the Department be sealed until |
7 | | further order of the court upon good cause shown or as |
8 | | otherwise provided herein, and the name of the petitioner |
9 | | obliterated from the official index requested to be kept by the |
10 | | circuit court clerk under Section 16 of the Clerks of Courts |
11 | | Act in connection with the arrest and conviction for the |
12 | | offense for which he or she had been granted the certificate |
13 | | but the order shall not affect any index issued by the circuit |
14 | | court clerk before the entry of the order. All records sealed |
15 | | by the Department may be disseminated by the Department only as |
16 | | required by this Act or to the arresting authority, a law |
17 | | enforcement agency, the State's Attorney, and the court upon a |
18 | | later arrest for the same or similar offense or for the purpose |
19 | | of sentencing for any subsequent felony. Upon conviction for |
20 | | any subsequent offense, the Department of Corrections shall |
21 | | have access to all expunged records of the Department |
22 | | pertaining to that individual. Upon entry of the order of |
23 | | expungement, the circuit court clerk shall promptly mail a copy |
24 | | of the order to the person who was granted the certificate of |
25 | | eligibility for expungement. |
26 | | (f) Subject to available funding, the Illinois Department
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1 | | of Corrections shall conduct a study of the impact of sealing,
|
2 | | especially on employment and recidivism rates, utilizing a
|
3 | | random sample of those who apply for the sealing of their
|
4 | | criminal records under Public Act 93-211. At the request of the
|
5 | | Illinois Department of Corrections, records of the Illinois
|
6 | | Department of Employment Security shall be utilized as
|
7 | | appropriate to assist in the study. The study shall not
|
8 | | disclose any data in a manner that would allow the
|
9 | | identification of any particular individual or employing unit.
|
10 | | The study shall be made available to the General Assembly no
|
11 | | later than September 1, 2010.
|
12 | | (Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13; |
13 | | 97-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. |
14 | | 1-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150, |
15 | | eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, |
16 | | eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635, |
17 | | eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14; |
18 | | 98-1009, eff. 1-1-15; revised 9-30-14.)
|
19 | | Section 105. The Illinois Health Facilities Planning Act is |
20 | | amended by changing Sections 3 and 12 as follows:
|
21 | | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
|
22 | | (Section scheduled to be repealed on December 31, 2019) |
23 | | Sec. 3. Definitions. As used in this Act:
|
24 | | "Health care facilities" means and includes
the following |
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1 | | facilities, organizations, and related persons:
|
2 | | (1) An ambulatory surgical treatment center required |
3 | | to be licensed
pursuant to the Ambulatory Surgical |
4 | | Treatment Center Act.
|
5 | | (2) An institution, place, building, or agency |
6 | | required to be licensed
pursuant to the Hospital Licensing |
7 | | Act.
|
8 | | (3) Skilled and intermediate long term care facilities |
9 | | licensed under the
Nursing
Home Care Act. |
10 | | (A) If a demonstration project under the Nursing |
11 | | Home Care Act applies for a certificate of need to |
12 | | convert to a nursing facility, it shall meet the |
13 | | licensure and certificate of need requirements in |
14 | | effect as of the date of application. |
15 | | (B) Except as provided in item (A) of this |
16 | | subsection, this Act does not apply to facilities |
17 | | granted waivers under Section 3-102.2 of the Nursing |
18 | | Home Care Act.
|
19 | | (3.5) Skilled and intermediate care facilities |
20 | | licensed under the ID/DD Community Care Act. (A) No permit |
21 | | or exemption is required for a facility licensed under the |
22 | | ID/DD Community Care Act prior to the reduction of the |
23 | | number of beds at a facility. If there is a total reduction |
24 | | of beds at a facility licensed under the ID/DD Community |
25 | | Care Act, this is a discontinuation or closure of the |
26 | | facility. If a facility licensed under the ID/DD Community |
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1 | | Care Act reduces the number of beds or discontinues the |
2 | | facility, that facility must notify the Board as provided |
3 | | in Section 14.1 of this Act. |
4 | | (3.7) Facilities licensed under the Specialized Mental |
5 | | Health Rehabilitation Act of 2013. |
6 | | (4) Hospitals, nursing homes, ambulatory surgical |
7 | | treatment centers, or
kidney disease treatment centers
|
8 | | maintained by the State or any department or agency |
9 | | thereof.
|
10 | | (5) Kidney disease treatment centers, including a |
11 | | free-standing
hemodialysis unit required to be licensed |
12 | | under the End Stage Renal Disease Facility Act.
|
13 | | (A) This Act does not apply to a dialysis facility |
14 | | that provides only dialysis training, support, and |
15 | | related services to individuals with end stage renal |
16 | | disease who have elected to receive home dialysis. |
17 | | (B) This Act does not apply to a dialysis unit |
18 | | located in a licensed nursing home that offers or |
19 | | provides dialysis-related services to residents with |
20 | | end stage renal disease who have elected to receive |
21 | | home dialysis within the nursing home. |
22 | | (C) The Board, however, may require dialysis |
23 | | facilities and licensed nursing homes under items (A) |
24 | | and (B) of this subsection to report statistical |
25 | | information on a quarterly basis to the Board to be |
26 | | used by the Board to conduct analyses on the need for |
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1 | | proposed kidney disease treatment centers. |
2 | | (6) An institution, place, building, or room used for |
3 | | the performance of
outpatient surgical procedures that is |
4 | | leased, owned, or operated by or on
behalf of an |
5 | | out-of-state facility.
|
6 | | (7) An institution, place, building, or room used for |
7 | | provision of a health care category of service, including, |
8 | | but not limited to, cardiac catheterization and open heart |
9 | | surgery. |
10 | | (8) An institution, place, building, or room housing |
11 | | major medical equipment used in the direct clinical |
12 | | diagnosis or treatment of patients, and whose project cost |
13 | | is in excess of the capital expenditure minimum. |
14 | | "Health care facilities" does not include the following |
15 | | entities or facility transactions: |
16 | | (1) Federally-owned facilities. |
17 | | (2) Facilities used solely for healing by prayer or |
18 | | spiritual means. |
19 | | (3) An existing facility located on any campus facility |
20 | | as defined in Section 5-5.8b of the Illinois Public Aid |
21 | | Code, provided that the campus facility encompasses 30 or |
22 | | more contiguous acres and that the new or renovated |
23 | | facility is intended for use by a licensed residential |
24 | | facility. |
25 | | (4) Facilities licensed under the Supportive |
26 | | Residences Licensing Act or the Assisted Living and Shared |
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1 | | Housing Act. |
2 | | (5) Facilities designated as supportive living |
3 | | facilities that are in good standing with the program |
4 | | established under Section 5-5.01a of the Illinois Public |
5 | | Aid Code. |
6 | | (6) Facilities established and operating under the |
7 | | Alternative Health Care Delivery Act as a children's |
8 | | community-based health care center children's respite care |
9 | | center alternative health care model demonstration program |
10 | | or as an Alzheimer's Disease Management Center alternative |
11 | | health care model demonstration program. |
12 | | (7) The closure of an entity or a portion of an entity |
13 | | licensed under the Nursing Home Care Act, the Specialized |
14 | | Mental Health Rehabilitation Act of 2013 , or the ID/DD |
15 | | Community Care Act, with the exception of facilities |
16 | | operated by a county or Illinois Veterans Homes, that elect |
17 | | to convert, in whole or in part, to an assisted living or |
18 | | shared housing establishment licensed under the Assisted |
19 | | Living and Shared Housing Act and with the exception of a |
20 | | facility licensed under the Specialized Mental Health |
21 | | Rehabilitation Act of 2013 in connection with a proposal to |
22 | | close a facility and re-establish the facility in another |
23 | | location . |
24 | | (8) Any change of ownership of a health care healthcare |
25 | | facility that is licensed under the Nursing Home Care Act, |
26 | | the Specialized Mental Health Rehabilitation Act of 2013 , |
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1 | | or the ID/DD Community Care Act, with the exception of |
2 | | facilities operated by a county or Illinois Veterans Homes. |
3 | | Changes of ownership of facilities licensed under the |
4 | | Nursing Home Care Act must meet the requirements set forth |
5 | | in Sections 3-101 through 3-119 of the Nursing Home Care |
6 | | Act. children's community-based health care center of 2013 |
7 | | and with the exception of a facility licensed under the |
8 | | Specialized Mental Health Rehabilitation Act of 2013 in |
9 | | connection with a proposal to close a facility and |
10 | | re-establish the facility in another location of 2013
|
11 | | With the exception of those health care facilities |
12 | | specifically
included in this Section, nothing in this Act |
13 | | shall be intended to
include facilities operated as a part of |
14 | | the practice of a physician or
other licensed health care |
15 | | professional, whether practicing in his
individual capacity or |
16 | | within the legal structure of any partnership,
medical or |
17 | | professional corporation, or unincorporated medical or
|
18 | | professional group. Further, this Act shall not apply to |
19 | | physicians or
other licensed health care professional's |
20 | | practices where such practices
are carried out in a portion of |
21 | | a health care facility under contract
with such health care |
22 | | facility by a physician or by other licensed
health care |
23 | | professionals, whether practicing in his individual capacity
|
24 | | or within the legal structure of any partnership, medical or
|
25 | | professional corporation, or unincorporated medical or |
26 | | professional
groups, unless the entity constructs, modifies, |
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1 | | or establishes a health care facility as specifically defined |
2 | | in this Section. This Act shall apply to construction or
|
3 | | modification and to establishment by such health care facility |
4 | | of such
contracted portion which is subject to facility |
5 | | licensing requirements,
irrespective of the party responsible |
6 | | for such action or attendant
financial obligation.
|
7 | | "Person" means any one or more natural persons, legal |
8 | | entities,
governmental bodies other than federal, or any |
9 | | combination thereof.
|
10 | | "Consumer" means any person other than a person (a) whose |
11 | | major
occupation currently involves or whose official capacity |
12 | | within the last
12 months has involved the providing, |
13 | | administering or financing of any
type of health care facility, |
14 | | (b) who is engaged in health research or
the teaching of |
15 | | health, (c) who has a material financial interest in any
|
16 | | activity which involves the providing, administering or |
17 | | financing of any
type of health care facility, or (d) who is or |
18 | | ever has been a member of
the immediate family of the person |
19 | | defined by (a), (b), or (c).
|
20 | | "State Board" or "Board" means the Health Facilities and |
21 | | Services Review Board.
|
22 | | "Construction or modification" means the establishment, |
23 | | erection,
building, alteration, reconstruction, modernization, |
24 | | improvement,
extension, discontinuation, change of ownership, |
25 | | of or by a health care
facility, or the purchase or acquisition |
26 | | by or through a health care facility
of
equipment or service |
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1 | | for diagnostic or therapeutic purposes or for
facility |
2 | | administration or operation, or any capital expenditure made by
|
3 | | or on behalf of a health care facility which
exceeds the |
4 | | capital expenditure minimum; however, any capital expenditure
|
5 | | made by or on behalf of a health care facility for (i) the |
6 | | construction or
modification of a facility licensed under the |
7 | | Assisted Living and Shared
Housing Act or (ii) a conversion |
8 | | project undertaken in accordance with Section 30 of the Older |
9 | | Adult Services Act shall be excluded from any obligations under |
10 | | this Act.
|
11 | | "Establish" means the construction of a health care |
12 | | facility or the
replacement of an existing facility on another |
13 | | site or the initiation of a category of service.
|
14 | | "Major medical equipment" means medical equipment which is |
15 | | used for the
provision of medical and other health services and |
16 | | which costs in excess
of the capital expenditure minimum, |
17 | | except that such term does not include
medical equipment |
18 | | acquired
by or on behalf of a clinical laboratory to provide |
19 | | clinical laboratory
services if the clinical laboratory is |
20 | | independent of a physician's office
and a hospital and it has |
21 | | been determined under Title XVIII of the Social
Security Act to |
22 | | meet the requirements of paragraphs (10) and (11) of Section
|
23 | | 1861(s) of such Act. In determining whether medical equipment |
24 | | has a value
in excess of the capital expenditure minimum, the |
25 | | value of studies, surveys,
designs, plans, working drawings, |
26 | | specifications, and other activities
essential to the |
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1 | | acquisition of such equipment shall be included.
|
2 | | "Capital Expenditure" means an expenditure: (A) made by or |
3 | | on behalf of
a health care facility (as such a facility is |
4 | | defined in this Act); and
(B) which under generally accepted |
5 | | accounting principles is not properly
chargeable as an expense |
6 | | of operation and maintenance, or is made to obtain
by lease or |
7 | | comparable arrangement any facility or part thereof or any
|
8 | | equipment for a facility or part; and which exceeds the capital |
9 | | expenditure
minimum.
|
10 | | For the purpose of this paragraph, the cost of any studies, |
11 | | surveys, designs,
plans, working drawings, specifications, and |
12 | | other activities essential
to the acquisition, improvement, |
13 | | expansion, or replacement of any plant
or equipment with |
14 | | respect to which an expenditure is made shall be included
in |
15 | | determining if such expenditure exceeds the capital |
16 | | expenditures minimum.
Unless otherwise interdependent, or |
17 | | submitted as one project by the applicant, components of |
18 | | construction or modification undertaken by means of a single |
19 | | construction contract or financed through the issuance of a |
20 | | single debt instrument shall not be grouped together as one |
21 | | project. Donations of equipment
or facilities to a health care |
22 | | facility which if acquired directly by such
facility would be |
23 | | subject to review under this Act shall be considered capital
|
24 | | expenditures, and a transfer of equipment or facilities for |
25 | | less than fair
market value shall be considered a capital |
26 | | expenditure for purposes of this
Act if a transfer of the |
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1 | | equipment or facilities at fair market value would
be subject |
2 | | to review.
|
3 | | "Capital expenditure minimum" means $11,500,000 for |
4 | | projects by hospital applicants, $6,500,000 for applicants for |
5 | | projects related to skilled and intermediate care long-term |
6 | | care facilities licensed under the Nursing Home Care Act, and |
7 | | $3,000,000 for projects by all other applicants, which shall be |
8 | | annually
adjusted to reflect the increase in construction costs |
9 | | due to inflation, for major medical equipment and for all other
|
10 | | capital expenditures.
|
11 | | "Non-clinical service area" means an area (i) for the |
12 | | benefit of the
patients, visitors, staff, or employees of a |
13 | | health care facility and (ii) not
directly related to the |
14 | | diagnosis, treatment, or rehabilitation of persons
receiving |
15 | | services from the health care facility. "Non-clinical service |
16 | | areas"
include, but are not limited to, chapels; gift shops; |
17 | | news stands; computer
systems; tunnels, walkways, and |
18 | | elevators; telephone systems; projects to
comply with life |
19 | | safety codes; educational facilities; student housing;
|
20 | | patient, employee, staff, and visitor dining areas; |
21 | | administration and
volunteer offices; modernization of |
22 | | structural components (such as roof
replacement and masonry |
23 | | work); boiler repair or replacement; vehicle
maintenance and |
24 | | storage facilities; parking facilities; mechanical systems for
|
25 | | heating, ventilation, and air conditioning; loading docks; and |
26 | | repair or
replacement of carpeting, tile, wall coverings, |
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1 | | window coverings or treatments,
or furniture. Solely for the |
2 | | purpose of this definition, "non-clinical service
area" does |
3 | | not include health and fitness centers.
|
4 | | "Areawide" means a major area of the State delineated on a
|
5 | | geographic, demographic, and functional basis for health |
6 | | planning and
for health service and having within it one or |
7 | | more local areas for
health planning and health service. The |
8 | | term "region", as contrasted
with the term "subregion", and the |
9 | | word "area" may be used synonymously
with the term "areawide".
|
10 | | "Local" means a subarea of a delineated major area that on |
11 | | a
geographic, demographic, and functional basis may be |
12 | | considered to be
part of such major area. The term "subregion" |
13 | | may be used synonymously
with the term "local".
|
14 | | "Physician" means a person licensed to practice in |
15 | | accordance with
the Medical Practice Act of 1987, as amended.
|
16 | | "Licensed health care professional" means a person |
17 | | licensed to
practice a health profession under pertinent |
18 | | licensing statutes of the
State of Illinois.
|
19 | | "Director" means the Director of the Illinois Department of |
20 | | Public Health.
|
21 | | "Agency" means the Illinois Department of Public Health.
|
22 | | "Alternative health care model" means a facility or program |
23 | | authorized
under the Alternative Health Care Delivery Act.
|
24 | | "Out-of-state facility" means a person that is both (i) |
25 | | licensed as a
hospital or as an ambulatory surgery center under |
26 | | the laws of another state
or that
qualifies as a hospital or an |
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1 | | ambulatory surgery center under regulations
adopted pursuant |
2 | | to the Social Security Act and (ii) not licensed under the
|
3 | | Ambulatory Surgical Treatment Center Act, the Hospital |
4 | | Licensing Act, or the
Nursing Home Care Act. Affiliates of |
5 | | out-of-state facilities shall be
considered out-of-state |
6 | | facilities. Affiliates of Illinois licensed health
care |
7 | | facilities 100% owned by an Illinois licensed health care |
8 | | facility, its
parent, or Illinois physicians licensed to |
9 | | practice medicine in all its
branches shall not be considered |
10 | | out-of-state facilities. Nothing in
this definition shall be
|
11 | | construed to include an office or any part of an office of a |
12 | | physician licensed
to practice medicine in all its branches in |
13 | | Illinois that is not required to be
licensed under the |
14 | | Ambulatory Surgical Treatment Center Act.
|
15 | | "Change of ownership of a health care facility" means a |
16 | | change in the
person
who has ownership or
control of a health |
17 | | care facility's physical plant and capital assets. A change
in |
18 | | ownership is indicated by
the following transactions: sale, |
19 | | transfer, acquisition, lease, change of
sponsorship, or other |
20 | | means of
transferring control.
|
21 | | "Related person" means any person that: (i) is at least 50% |
22 | | owned, directly
or indirectly, by
either the health care |
23 | | facility or a person owning, directly or indirectly, at
least |
24 | | 50% of the health
care facility; or (ii) owns, directly or |
25 | | indirectly, at least 50% of the
health care facility.
|
26 | | "Charity care" means care provided by a health care |
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1 | | facility for which the provider does not expect to receive |
2 | | payment from the patient or a third-party payer. |
3 | | "Freestanding emergency center" means a facility subject |
4 | | to licensure under Section 32.5 of the Emergency Medical |
5 | | Services (EMS) Systems Act. |
6 | | "Category of service" means a grouping by generic class of |
7 | | various types or levels of support functions, equipment, care, |
8 | | or treatment provided to patients or residents, including, but |
9 | | not limited to, classes such as medical-surgical, pediatrics, |
10 | | or cardiac catheterization. A category of service may include |
11 | | subcategories or levels of care that identify a particular |
12 | | degree or type of care within the category of service. Nothing |
13 | | in this definition shall be construed to include the practice |
14 | | of a physician or other licensed health care professional while |
15 | | functioning in an office providing for the care, diagnosis, or |
16 | | treatment of patients. A category of service that is subject to |
17 | | the Board's jurisdiction must be designated in rules adopted by |
18 | | the Board. |
19 | | "State Board Staff Report" means the document that sets |
20 | | forth the review and findings of the State Board staff, as |
21 | | prescribed by the State Board, regarding applications subject |
22 | | to Board jurisdiction. |
23 | | (Source: P.A. 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; 97-813, |
24 | | eff. 7-13-12; 97-980, eff. 8-17-12; 98-414, eff. 1-1-14; |
25 | | 98-629, eff. 1-1-15; 98-651, eff. 6-16-14; 98-1086, eff. |
26 | | 8-26-14; revised 10-22-14.)
|
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1 | | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
|
2 | | (Section scheduled to be repealed on December 31, 2019) |
3 | | Sec. 12. Powers and duties of State Board. For purposes of |
4 | | this Act,
the State Board
shall
exercise the following powers |
5 | | and duties:
|
6 | | (1) Prescribe rules,
regulations, standards, criteria, |
7 | | procedures or reviews which may vary
according to the purpose |
8 | | for which a particular review is being conducted
or the type of |
9 | | project reviewed and which are required to carry out the
|
10 | | provisions and purposes of this Act. Policies and procedures of |
11 | | the State Board shall take into consideration the priorities |
12 | | and needs of medically underserved areas and other health care |
13 | | services identified through the comprehensive health planning |
14 | | process, giving special consideration to the impact of projects |
15 | | on access to safety net services.
|
16 | | (2) Adopt procedures for public
notice and hearing on all |
17 | | proposed rules, regulations, standards,
criteria, and plans |
18 | | required to carry out the provisions of this Act.
|
19 | | (3) (Blank).
|
20 | | (4) Develop criteria and standards for health care |
21 | | facilities planning,
conduct statewide inventories of health |
22 | | care facilities, maintain an updated
inventory on the Board's |
23 | | web site reflecting the
most recent bed and service
changes and |
24 | | updated need determinations when new census data become |
25 | | available
or new need formulae
are adopted,
and
develop health |
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1 | | care facility plans which shall be utilized in the review of
|
2 | | applications for permit under
this Act. Such health facility |
3 | | plans shall be coordinated by the Board
with pertinent State |
4 | | Plans. Inventories pursuant to this Section of skilled or |
5 | | intermediate care facilities licensed under the Nursing Home |
6 | | Care Act, skilled or intermediate care facilities licensed |
7 | | under the ID/DD Community Care Act, facilities licensed under |
8 | | the Specialized Mental Health Rehabilitation Act, or nursing |
9 | | homes licensed under the Hospital Licensing Act shall be |
10 | | conducted on an annual basis no later than July 1 of each year |
11 | | and shall include among the information requested a list of all |
12 | | services provided by a facility to its residents and to the |
13 | | community at large and differentiate between active and |
14 | | inactive beds.
|
15 | | In developing health care facility plans, the State Board |
16 | | shall consider,
but shall not be limited to, the following:
|
17 | | (a) The size, composition and growth of the population |
18 | | of the area
to be served;
|
19 | | (b) The number of existing and planned facilities |
20 | | offering similar
programs;
|
21 | | (c) The extent of utilization of existing facilities;
|
22 | | (d) The availability of facilities which may serve as |
23 | | alternatives
or substitutes;
|
24 | | (e) The availability of personnel necessary to the |
25 | | operation of the
facility;
|
26 | | (f) Multi-institutional planning and the establishment |
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1 | | of
multi-institutional systems where feasible;
|
2 | | (g) The financial and economic feasibility of proposed |
3 | | construction
or modification; and
|
4 | | (h) In the case of health care facilities established |
5 | | by a religious
body or denomination, the needs of the |
6 | | members of such religious body or
denomination may be |
7 | | considered to be public need.
|
8 | | The health care facility plans which are developed and |
9 | | adopted in
accordance with this Section shall form the basis |
10 | | for the plan of the State
to deal most effectively with |
11 | | statewide health needs in regard to health
care facilities.
|
12 | | (5) Coordinate with the Center for Comprehensive Health |
13 | | Planning and other state agencies having responsibilities
|
14 | | affecting health care facilities, including those of licensure |
15 | | and cost
reporting. Beginning no later than January 1, 2013, |
16 | | the Department of Public Health shall produce a written annual |
17 | | report to the Governor and the General Assembly regarding the |
18 | | development of the Center for Comprehensive Health Planning. |
19 | | The Chairman of the State Board and the State Board |
20 | | Administrator shall also receive a copy of the annual report.
|
21 | | (6) Solicit, accept, hold and administer on behalf of the |
22 | | State
any grants or bequests of money, securities or property |
23 | | for
use by the State Board or Center for Comprehensive Health |
24 | | Planning in the administration of this Act; and enter into |
25 | | contracts
consistent with the appropriations for purposes |
26 | | enumerated in this Act.
|
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1 | | (7) The State Board shall prescribe procedures for review, |
2 | | standards,
and criteria which shall be utilized
to make |
3 | | periodic reviews and determinations of the appropriateness
of |
4 | | any existing health services being rendered by health care |
5 | | facilities
subject to the Act. The State Board shall consider |
6 | | recommendations of the
Board in making its
determinations.
|
7 | | (8) Prescribe, in consultation
with the Center for |
8 | | Comprehensive Health Planning, rules, regulations,
standards, |
9 | | and criteria for the conduct of an expeditious review of
|
10 | | applications
for permits for projects of construction or |
11 | | modification of a health care
facility, which projects are |
12 | | classified as emergency, substantive, or non-substantive in |
13 | | nature. |
14 | | Six months after June 30, 2009 (the effective date of |
15 | | Public Act 96-31), substantive projects shall include no more |
16 | | than the following: |
17 | | (a) Projects to construct (1) a new or replacement |
18 | | facility located on a new site or
(2) a replacement |
19 | | facility located on the same site as the original facility |
20 | | and the cost of the replacement facility exceeds the |
21 | | capital expenditure minimum, which shall be reviewed by the |
22 | | Board within 120 days; |
23 | | (b) Projects proposing a
(1) new service within an |
24 | | existing healthcare facility or
(2) discontinuation of a |
25 | | service within an existing healthcare facility, which |
26 | | shall be reviewed by the Board within 60 days; or |
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1 | | (c) Projects proposing a change in the bed capacity of |
2 | | a health care facility by an increase in the total number |
3 | | of beds or by a redistribution of beds among various |
4 | | categories of service or by a relocation of beds from one |
5 | | physical facility or site to another by more than 20 beds |
6 | | or more than 10% of total bed capacity, as defined by the |
7 | | State Board, whichever is less, over a 2-year period. |
8 | | The Chairman may approve applications for exemption that |
9 | | meet the criteria set forth in rules or refer them to the full |
10 | | Board. The Chairman may approve any unopposed application that |
11 | | meets all of the review criteria or refer them to the full |
12 | | Board. |
13 | | Such rules shall
not abridge the right of the Center for |
14 | | Comprehensive Health Planning to make
recommendations on the |
15 | | classification and approval of projects, nor shall
such rules |
16 | | prevent the conduct of a public hearing upon the timely request
|
17 | | of an interested party. Such reviews shall not exceed 60 days |
18 | | from the
date the application is declared to be complete.
|
19 | | (9) Prescribe rules, regulations,
standards, and criteria |
20 | | pertaining to the granting of permits for
construction
and |
21 | | modifications which are emergent in nature and must be |
22 | | undertaken
immediately to prevent or correct structural |
23 | | deficiencies or hazardous
conditions that may harm or injure |
24 | | persons using the facility, as defined
in the rules and |
25 | | regulations of the State Board. This procedure is exempt
from |
26 | | public hearing requirements of this Act.
|
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1 | | (10) Prescribe rules,
regulations, standards and criteria |
2 | | for the conduct of an expeditious
review, not exceeding 60 |
3 | | days, of applications for permits for projects to
construct or |
4 | | modify health care facilities which are needed for the care
and |
5 | | treatment of persons who have acquired immunodeficiency |
6 | | syndrome (AIDS)
or related conditions.
|
7 | | (11) Issue written decisions upon request of the applicant |
8 | | or an adversely affected party to the Board. Requests for a |
9 | | written decision shall be made within 15 days after the Board |
10 | | meeting in which a final decision has been made. A "final |
11 | | decision" for purposes of this Act is the decision to approve |
12 | | or deny an application, or take other actions permitted under |
13 | | this Act, at the time and date of the meeting that such action |
14 | | is scheduled by the Board. State Board members shall provide |
15 | | their rationale when voting on an item before the State Board |
16 | | at a State Board meeting in order to comply with subsection (b) |
17 | | of Section 3-108 of the Administrative Review Law of the Code |
18 | | of Civil Procedure. The transcript of the State Board meeting |
19 | | shall be incorporated into the Board's final decision. The |
20 | | staff of the Board shall prepare a written copy of the final |
21 | | decision and the Board shall approve a final copy for inclusion |
22 | | in the formal record. The Board shall consider, for approval, |
23 | | the written draft of the final decision no later than the next |
24 | | scheduled Board meeting. The written decision shall identify |
25 | | the applicable criteria and factors listed in this Act and the |
26 | | Board's regulations that were taken into consideration by the |
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1 | | Board when coming to a final decision. If the Board denies or |
2 | | fails to approve an application for permit or exemption, the |
3 | | Board shall include in the final decision a detailed |
4 | | explanation as to why the application was denied and identify |
5 | | what specific criteria or standards the applicant did not |
6 | | fulfill. |
7 | | (12) Require at least one of its members to participate in |
8 | | any public hearing, after the appointment of a majority of the |
9 | | members to the Board. |
10 | | (13) Provide a mechanism for the public to comment on, and |
11 | | request changes to, draft rules and standards. |
12 | | (14) Implement public information campaigns to regularly |
13 | | inform the general public about the opportunity for public |
14 | | hearings and public hearing procedures. |
15 | | (15) Establish a separate set of rules and guidelines for |
16 | | long-term care that recognizes that nursing homes are a |
17 | | different business line and service model from other regulated |
18 | | facilities. An open and transparent process shall be developed |
19 | | that considers the following: how skilled nursing fits in the |
20 | | continuum of care with other care providers, modernization of |
21 | | nursing homes, establishment of more private rooms, |
22 | | development of alternative services, and current trends in |
23 | | long-term care services.
The Chairman of the Board shall |
24 | | appoint a permanent Health Services Review Board Long-term Care |
25 | | Facility Advisory Subcommittee that shall develop and |
26 | | recommend to the Board the rules to be established by the Board |
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1 | | under this paragraph (15). The Subcommittee shall also provide |
2 | | continuous review and commentary on policies and procedures |
3 | | relative to long-term care and the review of related projects. |
4 | | In consultation with other experts from the health field of |
5 | | long-term care, the Board and the Subcommittee shall study new |
6 | | approaches to the current bed need formula and Health Service |
7 | | Area boundaries to encourage flexibility and innovation in |
8 | | design models reflective of the changing long-term care |
9 | | marketplace and consumer preferences. The Subcommittee shall |
10 | | evaluate, and make recommendations to the State Board |
11 | | regarding, the buying, selling, and exchange of beds between |
12 | | long-term care facilities within a specified geographic area or |
13 | | drive time. The Board shall file the proposed related |
14 | | administrative rules for the separate rules and guidelines for |
15 | | long-term care required by this paragraph (15) by no later than |
16 | | September 30, 2011. The Subcommittee shall be provided a |
17 | | reasonable and timely opportunity to review and comment on any |
18 | | review, revision, or updating of the criteria, standards, |
19 | | procedures, and rules used to evaluate project applications as |
20 | | provided under Section 12.3 of this Act. |
21 | | (16) Prescribe and provide forms pertaining to the State |
22 | | Board Staff Report. A State Board Staff Report shall pertain to |
23 | | applications that include, but are not limited to, applications |
24 | | for permit or exemption, applications for permit renewal, |
25 | | applications for extension of the obligation period, |
26 | | applications requesting a declaratory ruling, or applications |
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1 | | under the Health Care Worker Self-Referral Self Referral Act. |
2 | | State Board Staff Reports shall compare applications to the |
3 | | relevant review criteria under the Board's rules. |
4 | | (17) (16) Establish a separate set of rules and guidelines |
5 | | for facilities licensed under the Specialized Mental Health |
6 | | Rehabilitation Act of 2013. An application for the |
7 | | re-establishment of a facility in connection with the |
8 | | relocation of the facility shall not be granted unless the |
9 | | applicant has a contractual relationship with at least one |
10 | | hospital to provide emergency and inpatient mental health |
11 | | services required by facility consumers, and at least one |
12 | | community mental health agency to provide oversight and |
13 | | assistance to facility consumers while living in the facility, |
14 | | and appropriate services, including case management, to assist |
15 | | them to prepare for discharge and reside stably in the |
16 | | community thereafter. No new facilities licensed under the |
17 | | Specialized Mental Health Rehabilitation Act of 2013 shall be |
18 | | established after June 16, 2014 ( the effective date of Public |
19 | | Act 98-651) this amendatory Act of the 98th General Assembly |
20 | | except in connection with the relocation of an existing |
21 | | facility to a new location. An application for a new location |
22 | | shall not be approved unless there are adequate community |
23 | | services accessible to the consumers within a reasonable |
24 | | distance, or by use of public transportation, so as to |
25 | | facilitate the goal of achieving maximum individual self-care |
26 | | and independence. At no time shall the total number of |
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1 | | authorized beds under this Act in facilities licensed under the |
2 | | Specialized Mental Health Rehabilitation Act of 2013 exceed the |
3 | | number of authorized beds on June 16, 2014 ( the effective date |
4 | | of Public Act 98-651) this amendatory Act of the 98th General |
5 | | Assembly . |
6 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
7 | | eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12; |
8 | | 98-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff. |
9 | | 6-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.)
|
10 | | Section 110. The Home Repair and Construction Task Force |
11 | | Act is amended by changing Section 20 as follows:
|
12 | | (20 ILCS 5050/20) |
13 | | (Section scheduled to be repealed on January 1, 2016)
|
14 | | Sec. 20. Duties. The Task Force shall: |
15 | | (1) discuss whether the residents of Illinois would |
16 | | benefit from legislation requiring home repair and |
17 | | construction service providers to obtain a license from the |
18 | | Department of Financial and Professional Regulation before |
19 | | offering these theses services in Illinois; |
20 | | (2) if it is determined that licensure is required, |
21 | | determine: |
22 | | (A) the requirements applicants must meet to |
23 | | qualify for a license; |
24 | | (B) grounds for denial or revocation of a license; |
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1 | | and |
2 | | (C) any other considerations relevant to a |
3 | | licensing requirement; and |
4 | | (3) make recommendations to the General Assembly.
|
5 | | (Source: P.A. 98-1030, eff. 8-25-14; revised 11-25-14.)
|
6 | | Section 115. The State Finance Act is amended by setting |
7 | | forth and renumbering multiple
versions of Section 5.855 and by |
8 | | changing Sections 6z-43 and 8.12 as follows:
|
9 | | (30 ILCS 105/5.855) |
10 | | Sec. 5.855. The Special Olympics Illinois and Special |
11 | | Children's Charities Fund. |
12 | | (Source: P.A. 98-649, eff. 6-16-14.)
|
13 | | (30 ILCS 105/5.856) |
14 | | Sec. 5.856 5.855 . The Supportive Living Facility Fund. |
15 | | (Source: P.A. 98-651, eff. 6-16-14; revised 9-23-14.)
|
16 | | (30 ILCS 105/5.857) |
17 | | (Section scheduled to be repealed on July 1, 2016) |
18 | | Sec. 5.857 5.855 . The Capital Development Board Revolving |
19 | | Fund. This Section is repealed July 1, 2016.
|
20 | | (Source: P.A. 98-674, eff. 6-30-14; revised 9-23-14.)
|
21 | | (30 ILCS 105/5.858) |
|
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1 | | Sec. 5.858 5.855 . The Hospital Licensure Fund. |
2 | | (Source: P.A. 98-683, eff. 6-30-14; revised 9-23-14.)
|
3 | | (30 ILCS 105/5.859) |
4 | | Sec. 5.859 5.855 . The Illinois National Guard Billeting |
5 | | Fund. |
6 | | (Source: P.A. 98-733, eff. 7-16-14; revised 9-23-14.)
|
7 | | (30 ILCS 105/5.860) |
8 | | Sec. 5.860 5.855 . The Job Opportunities for Qualified |
9 | | Applicants Enforcement Fund. |
10 | | (Source: P.A. 98-774, eff. 1-1-15; revised 9-23-14.)
|
11 | | (30 ILCS 105/5.861) |
12 | | Sec. 5.861 5.855 . The Distance Learning Fund. |
13 | | (Source: P.A. 98-792, eff. 1-1-15; revised 9-23-14.)
|
14 | | (30 ILCS 105/5.862) |
15 | | Sec. 5.862 5.855 . The State Treasurer's Administrative |
16 | | Fund. |
17 | | (Source: P.A. 98-965, eff. 8-15-14; revised 9-23-14.)
|
18 | | (30 ILCS 105/5.863) |
19 | | Sec. 5.863 5.855 . The Stroke Data Collection Fund. |
20 | | (Source: P.A. 98-1001, eff. 1-1-15; revised 9-23-14.)
|
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1 | | (30 ILCS 105/5.864) |
2 | | Sec. 5.864 5.855 . The Natural Resources Restoration Trust |
3 | | Fund. |
4 | | (Source: P.A. 98-1010, eff. 8-19-14; revised 9-23-14.)
|
5 | | (30 ILCS 105/5.865) |
6 | | Sec. 5.865 5.855 . The Specialized Services for Survivors of |
7 | | Human Trafficking Fund. |
8 | | (Source: P.A. 98-1013, eff. 1-1-15; revised 9-23-14.)
|
9 | | (30 ILCS 105/5.867) |
10 | | (This Section may contain text from a Public Act with a |
11 | | delayed effective date ) |
12 | | Sec. 5.867 5.855 . The Illinois Secure Choice |
13 | | Administrative Fund. |
14 | | (Source: P.A. 98-1150, eff. 6-1-15; revised 2-2-15.)
|
15 | | (30 ILCS 105/6z-43)
|
16 | | Sec. 6z-43. Tobacco Settlement Recovery Fund.
|
17 | | (a) There is created in the State Treasury a special fund |
18 | | to be known
as the Tobacco Settlement Recovery Fund, which |
19 | | shall contain 3 accounts: (i) the General Account, (ii) the |
20 | | Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco |
21 | | Settlement Residual Account. There shall be deposited into the |
22 | | several accounts of the Tobacco Settlement Recovery Fund
and |
23 | | the Attorney General Tobacco Fund all monies paid to the State |
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1 | | pursuant to (1) the Master Settlement Agreement
entered in the |
2 | | case of People of the State of Illinois v. Philip Morris, et |
3 | | al.
(Circuit Court of Cook County, No. 96-L13146) and (2) any |
4 | | settlement with or
judgment against any tobacco product |
5 | | manufacturer other than one participating
in the Master |
6 | | Settlement Agreement in satisfaction of any released claim as
|
7 | | defined in the Master Settlement Agreement, as well as any |
8 | | other monies as
provided by law. Moneys shall be deposited into
|
9 | | the Tobacco Settlement Bond Proceeds Account and the Tobacco |
10 | | Settlement Residual Account as provided by the terms of the |
11 | | Railsplitter Tobacco Settlement Authority Act, provided that |
12 | | an annual amount not less than $2,500,000, subject to |
13 | | appropriation, shall be deposited into the Attorney General |
14 | | Tobacco Fund for use only by the Attorney General's office. The |
15 | | scheduled $2,500,000 deposit into the Tobacco Settlement |
16 | | Residual Account for fiscal year 2011 should be transferred to |
17 | | the Attorney General Tobacco Fund in fiscal year 2012 as soon |
18 | | as this fund has been established. All other moneys available |
19 | | to be deposited into the Tobacco Settlement Recovery Fund shall |
20 | | be deposited into the General Account. An investment made from |
21 | | moneys credited to a specific account constitutes part of that |
22 | | account and such account shall be credited with all income from |
23 | | the investment of such moneys. The Treasurer
may invest the |
24 | | moneys in the several accounts the Fund in the same manner, in |
25 | | the same types of
investments, and subject to the same |
26 | | limitations provided in the Illinois
Pension Code for the |
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1 | | investment of pension funds other than those established
under |
2 | | Article 3 or 4 of the Code. Notwithstanding the foregoing, to |
3 | | the extent necessary to preserve the tax-exempt status of any |
4 | | bonds issued pursuant to the Railsplitter Tobacco Settlement |
5 | | Authority Act, the interest on which is intended to be |
6 | | excludable from the gross income of the owners for federal |
7 | | income tax purposes, moneys on deposit in the Tobacco |
8 | | Settlement Bond Proceeds Account and the Tobacco Settlement |
9 | | Residual Account may be invested in obligations the interest |
10 | | upon which is tax-exempt under the provisions of Section 103 of |
11 | | the Internal Revenue Code of 1986, as now or hereafter amended, |
12 | | or any successor code or provision.
|
13 | | (b) Moneys on deposit in the Tobacco Settlement Bond |
14 | | Proceeds Account and the Tobacco Settlement Residual Account |
15 | | may be expended, subject to appropriation, for the purposes |
16 | | authorized in subsection (g) of Section 3-6 Section 6(g) of the |
17 | | Railsplitter Tobacco Settlement Authority Act. |
18 | | (c) As soon as may be practical after June 30, 2001, upon |
19 | | notification
from and at the direction of the Governor, the |
20 | | State Comptroller shall direct
and the State Treasurer shall |
21 | | transfer the unencumbered balance in the Tobacco
Settlement |
22 | | Recovery Fund as of June 30, 2001, as determined by the |
23 | | Governor,
into the Budget Stabilization Fund. The Treasurer may |
24 | | invest the moneys in the
Budget Stabilization Fund in the same |
25 | | manner, in the same types of investments,
and subject to the |
26 | | same limitations provided in the Illinois Pension Code for
the |
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1 | | investment of pension funds other than those established under |
2 | | Article 3 or
4 of the Code.
|
3 | | (d) All federal financial participation moneys received
|
4 | | pursuant to expenditures from the Fund shall be deposited into |
5 | | the General Account.
|
6 | | (Source: P.A. 96-958, eff. 7-1-10; 97-72, eff. 7-1-11; revised |
7 | | 12-1-14.)
|
8 | | (30 ILCS 105/8.12)
(from Ch. 127, par. 144.12)
|
9 | | Sec. 8.12. State Pensions Fund.
|
10 | | (a) The moneys in the State Pensions Fund shall be used |
11 | | exclusively
for the administration of the Uniform Disposition |
12 | | of Unclaimed Property Act and
for the expenses incurred by the |
13 | | Auditor General for administering the provisions of Section |
14 | | 2-8.1 of the Illinois State Auditing Act and for the funding of |
15 | | the unfunded liabilities of the designated retirement systems. |
16 | | Beginning in State fiscal year 2016, payments to the designated |
17 | | retirement systems under this Section shall be in addition to, |
18 | | and not in lieu of, any State contributions required under the |
19 | | Illinois Pension Code.
|
20 | | "Designated retirement systems" means:
|
21 | | (1) the State Employees' Retirement System of |
22 | | Illinois;
|
23 | | (2) the Teachers' Retirement System of the State of |
24 | | Illinois;
|
25 | | (3) the State Universities Retirement System;
|
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1 | | (4) the Judges Retirement System of Illinois; and
|
2 | | (5) the General Assembly Retirement System.
|
3 | | (b) Each year the General Assembly may make appropriations |
4 | | from
the State Pensions Fund for the administration of the |
5 | | Uniform Disposition of
Unclaimed Property Act.
|
6 | | Each month, the Commissioner of the Office of Banks and |
7 | | Real Estate shall
certify to the State Treasurer the actual |
8 | | expenditures that the Office of
Banks and Real Estate incurred |
9 | | conducting unclaimed property examinations under
the Uniform |
10 | | Disposition of Unclaimed Property Act during the immediately
|
11 | | preceding month. Within a reasonable
time following the |
12 | | acceptance of such certification by the State Treasurer, the
|
13 | | State Treasurer shall pay from its appropriation from the State |
14 | | Pensions Fund
to the Bank and Trust Company Fund, the Savings |
15 | | Bank Regulatory Fund, and the Residential Finance
Regulatory |
16 | | Fund an amount equal to the expenditures incurred by each Fund |
17 | | for
that month.
|
18 | | Each month, the Director of Financial Institutions shall
|
19 | | certify to the State Treasurer the actual expenditures that the |
20 | | Department of
Financial Institutions incurred conducting |
21 | | unclaimed property examinations
under the Uniform Disposition |
22 | | of Unclaimed Property Act during the immediately
preceding |
23 | | month. Within a reasonable time following the acceptance of |
24 | | such
certification by the State Treasurer, the State Treasurer |
25 | | shall pay from its
appropriation from the State Pensions Fund
|
26 | | to the Financial Institution Fund and the Credit Union Fund
an |
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1 | | amount equal to the expenditures incurred by each Fund for
that |
2 | | month.
|
3 | | (c) As soon as possible after the effective date of this |
4 | | amendatory Act of the 93rd General Assembly, the General |
5 | | Assembly shall appropriate from the State Pensions Fund (1) to |
6 | | the State Universities Retirement System the amount certified |
7 | | under Section 15-165 during the prior year, (2) to the Judges |
8 | | Retirement System of Illinois the amount certified under |
9 | | Section 18-140 during the prior year, and (3) to the General |
10 | | Assembly Retirement System the amount certified under Section |
11 | | 2-134 during the prior year as part of the required
State |
12 | | contributions to each of those designated retirement systems; |
13 | | except that amounts appropriated under this subsection (c) in |
14 | | State fiscal year 2005 shall not reduce the amount in the State |
15 | | Pensions Fund below $5,000,000. If the amount in the State |
16 | | Pensions Fund does not exceed the sum of the amounts certified |
17 | | in Sections 15-165, 18-140, and 2-134 by at least $5,000,000, |
18 | | the amount paid to each designated retirement system under this |
19 | | subsection shall be reduced in proportion to the amount |
20 | | certified by each of those designated retirement systems.
|
21 | | (c-5) For fiscal years 2006 through 2015, the General |
22 | | Assembly shall appropriate from the State Pensions Fund to the |
23 | | State Universities Retirement System the amount estimated to be |
24 | | available during the fiscal year in the State Pensions Fund; |
25 | | provided, however, that the amounts appropriated under this |
26 | | subsection (c-5) shall not reduce the amount in the State |
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1 | | Pensions Fund below $5,000,000.
|
2 | | (c-6) For fiscal year 2016 and each fiscal year thereafter, |
3 | | as soon as may be practical after any money is deposited into |
4 | | the State Pensions Fund from the Unclaimed Property Trust Fund, |
5 | | the State Treasurer shall apportion the deposited amount among |
6 | | the designated retirement systems as defined in subsection (a) |
7 | | to reduce their actuarial reserve deficiencies. The State |
8 | | Comptroller and State Treasurer shall pay the apportioned |
9 | | amounts to the designated retirement systems to fund the |
10 | | unfunded liabilities of the designated retirement systems. The |
11 | | amount apportioned to each designated retirement system shall |
12 | | constitute a portion of the amount estimated to be available |
13 | | for appropriation from the State Pensions Fund that is the same |
14 | | as that retirement system's portion of the total actual reserve |
15 | | deficiency of the systems, as determined annually by the |
16 | | Governor's Office of Management and Budget at the request of |
17 | | the State Treasurer. The amounts apportioned under this |
18 | | subsection shall not reduce the amount in the State Pensions |
19 | | Fund below $5,000,000. |
20 | | (d) The
Governor's Office of Management and Budget shall |
21 | | determine the individual and total
reserve deficiencies of the |
22 | | designated retirement systems. For this purpose,
the
|
23 | | Governor's Office of Management and Budget shall utilize the |
24 | | latest available audit and actuarial
reports of each of the |
25 | | retirement systems and the relevant reports and
statistics of |
26 | | the Public Employee Pension Fund Division of the Department of
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1 | | Insurance.
|
2 | | (d-1) As soon as practicable after the effective date of |
3 | | this
amendatory Act of the 93rd General Assembly, the |
4 | | Comptroller shall
direct and the Treasurer shall transfer from |
5 | | the State Pensions Fund to
the General Revenue Fund, as funds |
6 | | become available, a sum equal to the
amounts that would have |
7 | | been paid
from the State Pensions Fund to the Teachers' |
8 | | Retirement System of the State
of Illinois,
the State |
9 | | Universities Retirement System, the Judges Retirement
System |
10 | | of Illinois, the
General Assembly Retirement System, and the |
11 | | State Employees'
Retirement System
of Illinois
after the |
12 | | effective date of this
amendatory Act during the remainder of |
13 | | fiscal year 2004 to the
designated retirement systems from the |
14 | | appropriations provided for in
this Section if the transfers |
15 | | provided in Section 6z-61 had not
occurred. The transfers |
16 | | described in this subsection (d-1) are to
partially repay the |
17 | | General Revenue Fund for the costs associated with
the bonds |
18 | | used to fund the moneys transferred to the designated
|
19 | | retirement systems under Section 6z-61.
|
20 | | (e) The changes to this Section made by this amendatory Act |
21 | | of 1994 shall
first apply to distributions from the Fund for |
22 | | State fiscal year 1996.
|
23 | | (Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, |
24 | | eff. 6-19-13; 98-463, eff. 8-16-13; 98-674, eff. 6-30-14; |
25 | | 98-1081, eff. 1-1-15; revised 10-1-14.)
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1 | | Section 120. The Public Funds Investment Act is amended by |
2 | | changing Section 6.5 as follows:
|
3 | | (30 ILCS 235/6.5) |
4 | | Sec. 6.5. Federally insured deposits at Illinois financial |
5 | | institutions. |
6 | | (a) Notwithstanding any other provision of this Act or any |
7 | | other statute, whenever a public agency invests public funds in |
8 | | an interest-bearing savings account, demand deposit account, |
9 | | interest-bearing certificate of deposit, or interest-bearing |
10 | | time deposit under Section 2 of this Act, the provisions of |
11 | | Section 6 of this Act and any other statutory requirements |
12 | | pertaining to the eligibility of a bank to receive or hold |
13 | | public deposits or to the pledging of collateral by a bank to |
14 | | secure public deposits do not apply to any bank receiving or |
15 | | holding all or part of the invested public funds if (i) the |
16 | | public agency initiates the investment at or through a bank |
17 | | located in Illinois and (ii) the invested public funds are at |
18 | | all times fully insured by an agency or instrumentality of the |
19 | | federal government. |
20 | | (b) Nothing in this Section is intended to: |
21 | | (1) prohibit a public agency from requiring the bank at |
22 | | or through which the investment of public funds is |
23 | | initiated to provide the public agency with the information |
24 | | otherwise required by subsection (a), (b), or (c) of |
25 | | Section 6 of this Act as a condition of investing the |
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1 | | public funds at or through that bank; or |
2 | | (2) permit a bank to receive or hold public deposits if |
3 | | that bank is prohibited from doing so by any rule, |
4 | | sanction, or order issued by a regulatory agency or by a |
5 | | court. |
6 | | (c) For purposes of this Section, the term "bank" includes |
7 | | any person doing a banking business whether subject to the laws |
8 | | of this or any other jurisdiction.
|
9 | | (Source: P.A. 98-703, eff. 7-7-14; 98-756, eff. 7-16-14; |
10 | | revised 10-2-14.)
|
11 | | Section 125. The Illinois Coal Technology Development |
12 | | Assistance Act is amended by changing Section 3 as follows:
|
13 | | (30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
|
14 | | Sec. 3. Transfers to Coal Technology Development |
15 | | Assistance Fund Funds . As soon
as may be practicable after the |
16 | | first day of each month, the Department of
Revenue shall |
17 | | certify to the Treasurer an amount equal to 1/64 of the revenue
|
18 | | realized from the tax imposed by the Electricity Excise Tax |
19 | | Law, Section 2
of the Public Utilities Revenue Act,
Section 2 |
20 | | of the Messages Tax Act, and Section 2 of the Gas Revenue Tax |
21 | | Act,
during the preceding month. Upon receipt of the |
22 | | certification, the Treasurer
shall transfer the amount shown on |
23 | | such certification from the General Revenue
Fund to the Coal |
24 | | Technology Development Assistance Fund, which is hereby
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1 | | created as a special fund in the State treasury, except that no |
2 | | transfer shall
be made in any month in which the Fund has |
3 | | reached the following balance:
|
4 | | (1) $7,000,000 during fiscal year 1994.
|
5 | | (2) $8,500,000 during fiscal year 1995.
|
6 | | (3) $10,000,000 during fiscal years 1996 and 1997.
|
7 | | (4) During fiscal year 1998 through fiscal year 2004, |
8 | | an amount
equal to the sum of $10,000,000 plus additional |
9 | | moneys
deposited into the Coal Technology Development |
10 | | Assistance Fund from the
Renewable Energy Resources and |
11 | | Coal Technology Development Assistance Charge
under |
12 | | Section 6.5 of the Renewable Energy, Energy Efficiency, and |
13 | | Coal
Resources Development Law of 1997. |
14 | | (5) During fiscal year 2005, an amount equal to the sum |
15 | | of $7,000,000 plus additional moneys
deposited into the |
16 | | Coal Technology Development Assistance Fund from the
|
17 | | Renewable Energy Resources and Coal Technology Development |
18 | | Assistance Charge
under Section 6.5 of the Renewable |
19 | | Energy, Energy Efficiency, and Coal
Resources Development |
20 | | Law of 1997. |
21 | | (6) During fiscal year 2006 and each fiscal year |
22 | | thereafter, an amount equal to the sum of $10,000,000 plus |
23 | | additional moneys
deposited into the Coal Technology |
24 | | Development Assistance Fund from the
Renewable Energy |
25 | | Resources and Coal Technology Development Assistance |
26 | | Charge
under Section 6.5 of the Renewable Energy, Energy |
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1 | | Efficiency, and Coal
Resources Development Law of 1997.
|
2 | | (Source: P.A. 93-839, eff. 7-30-04; revised 12-1-14.)
|
3 | | Section 130. The Charitable Trust Stabilization Act is |
4 | | amended by changing Section 10 as follows:
|
5 | | (30 ILCS 790/10)
|
6 | | Sec. 10. The Charitable Trust Stabilization Committee. |
7 | | (a) The Charitable Trust Stabilization Committee is |
8 | | created. The Committee consists of the following members: |
9 | | (1) the Attorney General or his or her designee, who |
10 | | shall serve as co-chair of the Committee; |
11 | | (2) a member that represents the Office of the State |
12 | | Treasurer that is appointed by the Treasurer, who shall |
13 | | serve as co-chair of the Committee; |
14 | | (3) the Lieutenant Governor or his or her designee; |
15 | | (4) the Director of Commerce and Economic Opportunity |
16 | | or his or her designee; |
17 | | (5) the chief executive officer of the Division of |
18 | | Financial Institutions in the Department of Financial and |
19 | | Professional Regulation Regulations or his or her |
20 | | designee; and |
21 | | (6) six private citizens, who shall serve a term of 6 |
22 | | years, appointed by the State Treasurer with advice and |
23 | | consent of the Senate. |
24 | | (b) The State Treasurer shall adopt rules, including |
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1 | | procedures and criteria for grant awards. The Committee must |
2 | | meet at least once each
calendar
quarter, and it may establish |
3 | | committees and officers as it deems necessary.
For purposes of |
4 | | Committee meetings, a quorum is a majority of the members.
|
5 | | Meetings of the Committee are subject to the Open Meetings Act.
|
6 | | The Committee must afford an opportunity for public comment at |
7 | | each of its meetings. |
8 | | (c) Committee members shall serve without compensation, |
9 | | but may be
reimbursed
for their reasonable travel expenses from |
10 | | funds available for that purpose. The
Office of the State |
11 | | Treasurer shall, subject to appropriation, provide staff and
|
12 | | administrative support services to the Committee. |
13 | | (d) The State Treasurer shall administer the Charitable |
14 | | Trust Stabilization Fund. |
15 | | The State Treasurer may transfer all or a portion of the |
16 | | balance of the fund to a third-party administrator to fulfill |
17 | | the mission of the Committee and the purposes of the fund in |
18 | | accordance with this Act and in compliance with Section 5(c) of |
19 | | this Act.
|
20 | | (Source: P.A. 97-274, eff. 8-8-11; revised 12-1-14.)
|
21 | | Section 135. The State Mandates Act is amended by changing |
22 | | Section 8.38 as follows:
|
23 | | (30 ILCS 805/8.38) |
24 | | Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8 |
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1 | | of this Act, no reimbursement by the State is required for the |
2 | | implementation of any mandate created by Public Act 98-641, |
3 | | 98-666, 98-729, 98-930, or 98-1027 this amendatory Act of the |
4 | | 98th General Assembly .
|
5 | | (Source: P.A. 98-641, eff. 6-9-14; 98-666, eff. 1-1-15; 98-729, |
6 | | eff. 7-26-14; 98-930, eff. 1-1-15; 98-1027, eff. 1-1-15; |
7 | | revised 10-6-14.)
|
8 | | Section 140. The Illinois Income Tax Act is amended by |
9 | | changing Section 901 as follows:
|
10 | | (35 ILCS 5/901) (from Ch. 120, par. 9-901) |
11 | | Sec. 901. Collection authority. |
12 | | (a) In general. |
13 | | The Department shall collect the taxes imposed by this Act. |
14 | | The Department
shall collect certified past due child support |
15 | | amounts under Section 2505-650
of the Department of Revenue Law |
16 | | (20 ILCS 2505/2505-650). Except as
provided in subsections (c), |
17 | | (e), (f), (g), and (h) of this Section, money collected
|
18 | | pursuant to subsections (a) and (b) of Section 201 of this Act |
19 | | shall be
paid into the General Revenue Fund in the State |
20 | | treasury; money
collected pursuant to subsections (c) and (d) |
21 | | of Section 201 of this Act
shall be paid into the Personal |
22 | | Property Tax Replacement Fund, a special
fund in the State |
23 | | Treasury; and money collected under Section 2505-650 of the
|
24 | | Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
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1 | | into the
Child Support Enforcement Trust Fund, a special fund |
2 | | outside the State
Treasury, or
to the State
Disbursement Unit |
3 | | established under Section 10-26 of the Illinois Public Aid
|
4 | | Code, as directed by the Department of Healthcare and Family |
5 | | Services. |
6 | | (b) Local Government Distributive Fund. |
7 | | Beginning August 1, 1969, and continuing through June 30, |
8 | | 1994, the Treasurer
shall transfer each month from the General |
9 | | Revenue Fund to a special fund in
the State treasury, to be |
10 | | known as the "Local Government Distributive Fund", an
amount |
11 | | equal to 1/12 of the net revenue realized from the tax imposed |
12 | | by
subsections (a) and (b) of Section 201 of this Act during |
13 | | the preceding month.
Beginning July 1, 1994, and continuing |
14 | | through June 30, 1995, the Treasurer
shall transfer each month |
15 | | from the General Revenue Fund to the Local Government
|
16 | | Distributive Fund an amount equal to 1/11 of the net revenue |
17 | | realized from the
tax imposed by subsections (a) and (b) of |
18 | | Section 201 of this Act during the
preceding month. Beginning |
19 | | July 1, 1995 and continuing through January 31, 2011, the |
20 | | Treasurer shall transfer each
month from the General Revenue |
21 | | Fund to the Local Government Distributive Fund
an amount equal |
22 | | to the net of (i) 1/10 of the net revenue realized from the
tax |
23 | | imposed by
subsections (a) and (b) of Section 201 of the |
24 | | Illinois Income Tax Act during
the preceding month
(ii) minus, |
25 | | beginning July 1, 2003 and ending June 30, 2004, $6,666,666, |
26 | | and
beginning July 1,
2004,
zero. Beginning February 1, 2011, |
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1 | | and continuing through January 31, 2015, the Treasurer shall |
2 | | transfer each month from the General Revenue Fund to the Local |
3 | | Government Distributive Fund an amount equal to the sum of (i) |
4 | | 6% (10% of the ratio of the 3% individual income tax rate prior |
5 | | to 2011 to the 5% individual income tax rate after 2010) of the |
6 | | net revenue realized from the tax imposed by subsections (a) |
7 | | and (b) of Section 201 of this Act upon individuals, trusts, |
8 | | and estates during the preceding month and (ii) 6.86% (10% of |
9 | | the ratio of the 4.8% corporate income tax rate prior to 2011 |
10 | | to the 7% corporate income tax rate after 2010) of the net |
11 | | revenue realized from the tax imposed by subsections (a) and |
12 | | (b) of Section 201 of this Act upon corporations during the |
13 | | preceding month. Beginning February 1, 2015 and continuing |
14 | | through January 31, 2025, the Treasurer shall transfer each |
15 | | month from the General Revenue Fund to the Local Government |
16 | | Distributive Fund an amount equal to the sum of (i) 8% (10% of |
17 | | the ratio of the 3% individual income tax rate prior to 2011 to |
18 | | the 3.75% individual income tax rate after 2014) of the net |
19 | | revenue realized from the tax imposed by subsections (a) and |
20 | | (b) of Section 201 of this Act upon individuals, trusts, and |
21 | | estates during the preceding month and (ii) 9.14% (10% of the |
22 | | ratio of the 4.8% corporate income tax rate prior to 2011 to |
23 | | the 5.25% corporate income tax rate after 2014) of the net |
24 | | revenue realized from the tax imposed by subsections (a) and |
25 | | (b) of Section 201 of this Act upon corporations during the |
26 | | preceding month. Beginning February 1, 2025, the Treasurer |
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1 | | shall transfer each month from the General Revenue Fund to the |
2 | | Local Government Distributive Fund an amount equal to the sum |
3 | | of (i) 9.23% (10% of the ratio of the 3% individual income tax |
4 | | rate prior to 2011 to the 3.25% individual income tax rate |
5 | | after 2024) of the net revenue realized from the tax imposed by |
6 | | subsections (a) and (b) of Section 201 of this Act upon |
7 | | individuals, trusts, and estates during the preceding month and |
8 | | (ii) 10% of the net revenue realized from the tax imposed by |
9 | | subsections (a) and (b) of Section 201 of this Act upon |
10 | | corporations during the preceding month. Net revenue realized |
11 | | for a month shall be defined as the
revenue from the tax |
12 | | imposed by subsections (a) and (b) of Section 201 of this
Act |
13 | | which is deposited in the General Revenue Fund, the Education |
14 | | Assistance
Fund, the Income Tax Surcharge Local Government |
15 | | Distributive Fund, the Fund for the Advancement of Education, |
16 | | and the Commitment to Human Services Fund during the
month |
17 | | minus the amount paid out of the General Revenue Fund in State |
18 | | warrants
during that same month as refunds to taxpayers for |
19 | | overpayment of liability
under the tax imposed by subsections |
20 | | (a) and (b) of Section 201 of this Act. |
21 | | Beginning on August 26, 2014 ( the effective date of Public |
22 | | Act 98-1052) this amendatory Act of the 98th General Assembly , |
23 | | the Comptroller shall perform the transfers required by this |
24 | | subsection (b) no later than 60 days after he or she receives |
25 | | the certification from the Treasurer as provided in Section 1 |
26 | | of the State Revenue Sharing Act. |
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1 | | (c) Deposits Into Income Tax Refund Fund. |
2 | | (1) Beginning on January 1, 1989 and thereafter, the |
3 | | Department shall
deposit a percentage of the amounts |
4 | | collected pursuant to subsections (a)
and (b)(1), (2), and |
5 | | (3), of Section 201 of this Act into a fund in the State
|
6 | | treasury known as the Income Tax Refund Fund. The |
7 | | Department shall deposit 6%
of such amounts during the |
8 | | period beginning January 1, 1989 and ending on June
30, |
9 | | 1989. Beginning with State fiscal year 1990 and for each |
10 | | fiscal year
thereafter, the percentage deposited into the |
11 | | Income Tax Refund Fund during a
fiscal year shall be the |
12 | | Annual Percentage. For fiscal years 1999 through
2001, the |
13 | | Annual Percentage shall be 7.1%.
For fiscal year 2003, the |
14 | | Annual Percentage shall be 8%.
For fiscal year 2004, the |
15 | | Annual Percentage shall be 11.7%. Upon the effective date |
16 | | of this amendatory Act of the 93rd General Assembly, the |
17 | | Annual Percentage shall be 10% for fiscal year 2005. For |
18 | | fiscal year 2006, the Annual Percentage shall be 9.75%. For |
19 | | fiscal
year 2007, the Annual Percentage shall be 9.75%. For |
20 | | fiscal year 2008, the Annual Percentage shall be 7.75%. For |
21 | | fiscal year 2009, the Annual Percentage shall be 9.75%. For |
22 | | fiscal year 2010, the Annual Percentage shall be 9.75%. For |
23 | | fiscal year 2011, the Annual Percentage shall be 8.75%. For |
24 | | fiscal year 2012, the Annual Percentage shall be 8.75%. For |
25 | | fiscal year 2013, the Annual Percentage shall be 9.75%. For |
26 | | fiscal year 2014, the Annual Percentage shall be 9.5%. For |
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1 | | fiscal year 2015, the Annual Percentage shall be 10%. For |
2 | | all other
fiscal years, the
Annual Percentage shall be |
3 | | calculated as a fraction, the numerator of which
shall be |
4 | | the amount of refunds approved for payment by the |
5 | | Department during
the preceding fiscal year as a result of |
6 | | overpayment of tax liability under
subsections (a) and |
7 | | (b)(1), (2), and (3) of Section 201 of this Act plus the
|
8 | | amount of such refunds remaining approved but unpaid at the |
9 | | end of the
preceding fiscal year, minus the amounts |
10 | | transferred into the Income Tax
Refund Fund from the |
11 | | Tobacco Settlement Recovery Fund, and
the denominator of |
12 | | which shall be the amounts which will be collected pursuant
|
13 | | to subsections (a) and (b)(1), (2), and (3) of Section 201 |
14 | | of this Act during
the preceding fiscal year; except that |
15 | | in State fiscal year 2002, the Annual
Percentage shall in |
16 | | no event exceed 7.6%. The Director of Revenue shall
certify |
17 | | the Annual Percentage to the Comptroller on the last |
18 | | business day of
the fiscal year immediately preceding the |
19 | | fiscal year for which it is to be
effective. |
20 | | (2) Beginning on January 1, 1989 and thereafter, the |
21 | | Department shall
deposit a percentage of the amounts |
22 | | collected pursuant to subsections (a)
and (b)(6), (7), and |
23 | | (8), (c) and (d) of Section 201
of this Act into a fund in |
24 | | the State treasury known as the Income Tax
Refund Fund. The |
25 | | Department shall deposit 18% of such amounts during the
|
26 | | period beginning January 1, 1989 and ending on June 30, |
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1 | | 1989. Beginning
with State fiscal year 1990 and for each |
2 | | fiscal year thereafter, the
percentage deposited into the |
3 | | Income Tax Refund Fund during a fiscal year
shall be the |
4 | | Annual Percentage. For fiscal years 1999, 2000, and 2001, |
5 | | the
Annual Percentage shall be 19%.
For fiscal year 2003, |
6 | | the Annual Percentage shall be 27%. For fiscal year
2004, |
7 | | the Annual Percentage shall be 32%.
Upon the effective date |
8 | | of this amendatory Act of the 93rd General Assembly, the |
9 | | Annual Percentage shall be 24% for fiscal year 2005.
For |
10 | | fiscal year 2006, the Annual Percentage shall be 20%. For |
11 | | fiscal
year 2007, the Annual Percentage shall be 17.5%. For |
12 | | fiscal year 2008, the Annual Percentage shall be 15.5%. For |
13 | | fiscal year 2009, the Annual Percentage shall be 17.5%. For |
14 | | fiscal year 2010, the Annual Percentage shall be 17.5%. For |
15 | | fiscal year 2011, the Annual Percentage shall be 17.5%. For |
16 | | fiscal year 2012, the Annual Percentage shall be 17.5%. For |
17 | | fiscal year 2013, the Annual Percentage shall be 14%. For |
18 | | fiscal year 2014, the Annual Percentage shall be 13.4%. For |
19 | | fiscal year 2015, the Annual Percentage shall be 14%. For |
20 | | all other fiscal years, the Annual
Percentage shall be |
21 | | calculated
as a fraction, the numerator of which shall be |
22 | | the amount of refunds
approved for payment by the |
23 | | Department during the preceding fiscal year as
a result of |
24 | | overpayment of tax liability under subsections (a) and |
25 | | (b)(6),
(7), and (8), (c) and (d) of Section 201 of this |
26 | | Act plus the
amount of such refunds remaining approved but |
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1 | | unpaid at the end of the
preceding fiscal year, and the |
2 | | denominator of
which shall be the amounts which will be |
3 | | collected pursuant to subsections (a)
and (b)(6), (7), and |
4 | | (8), (c) and (d) of Section 201 of this Act during the
|
5 | | preceding fiscal year; except that in State fiscal year |
6 | | 2002, the Annual
Percentage shall in no event exceed 23%. |
7 | | The Director of Revenue shall
certify the Annual Percentage |
8 | | to the Comptroller on the last business day of
the fiscal |
9 | | year immediately preceding the fiscal year for which it is |
10 | | to be
effective. |
11 | | (3) The Comptroller shall order transferred and the |
12 | | Treasurer shall
transfer from the Tobacco Settlement |
13 | | Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 |
14 | | in January, 2001, (ii) $35,000,000 in January, 2002, and
|
15 | | (iii) $35,000,000 in January, 2003. |
16 | | (d) Expenditures from Income Tax Refund Fund. |
17 | | (1) Beginning January 1, 1989, money in the Income Tax |
18 | | Refund Fund
shall be expended exclusively for the purpose |
19 | | of paying refunds resulting
from overpayment of tax |
20 | | liability under Section 201 of this Act, for paying
rebates |
21 | | under Section 208.1 in the event that the amounts in the |
22 | | Homeowners'
Tax Relief Fund are insufficient for that |
23 | | purpose,
and for
making transfers pursuant to this |
24 | | subsection (d). |
25 | | (2) The Director shall order payment of refunds |
26 | | resulting from
overpayment of tax liability under Section |
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1 | | 201 of this Act from the
Income Tax Refund Fund only to the |
2 | | extent that amounts collected pursuant
to Section 201 of |
3 | | this Act and transfers pursuant to this subsection (d)
and |
4 | | item (3) of subsection (c) have been deposited and retained |
5 | | in the
Fund. |
6 | | (3) As soon as possible after the end of each fiscal |
7 | | year, the Director
shall
order transferred and the State |
8 | | Treasurer and State Comptroller shall
transfer from the |
9 | | Income Tax Refund Fund to the Personal Property Tax
|
10 | | Replacement Fund an amount, certified by the Director to |
11 | | the Comptroller,
equal to the excess of the amount |
12 | | collected pursuant to subsections (c) and
(d) of Section |
13 | | 201 of this Act deposited into the Income Tax Refund Fund
|
14 | | during the fiscal year over the amount of refunds resulting |
15 | | from
overpayment of tax liability under subsections (c) and |
16 | | (d) of Section 201
of this Act paid from the Income Tax |
17 | | Refund Fund during the fiscal year. |
18 | | (4) As soon as possible after the end of each fiscal |
19 | | year, the Director shall
order transferred and the State |
20 | | Treasurer and State Comptroller shall
transfer from the |
21 | | Personal Property Tax Replacement Fund to the Income Tax
|
22 | | Refund Fund an amount, certified by the Director to the |
23 | | Comptroller, equal
to the excess of the amount of refunds |
24 | | resulting from overpayment of tax
liability under |
25 | | subsections (c) and (d) of Section 201 of this Act paid
|
26 | | from the Income Tax Refund Fund during the fiscal year over |
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1 | | the amount
collected pursuant to subsections (c) and (d) of |
2 | | Section 201 of this Act
deposited into the Income Tax |
3 | | Refund Fund during the fiscal year. |
4 | | (4.5) As soon as possible after the end of fiscal year |
5 | | 1999 and of each
fiscal year
thereafter, the Director shall |
6 | | order transferred and the State Treasurer and
State |
7 | | Comptroller shall transfer from the Income Tax Refund Fund |
8 | | to the General
Revenue Fund any surplus remaining in the |
9 | | Income Tax Refund Fund as of the end
of such fiscal year; |
10 | | excluding for fiscal years 2000, 2001, and 2002
amounts |
11 | | attributable to transfers under item (3) of subsection (c) |
12 | | less refunds
resulting from the earned income tax credit. |
13 | | (5) This Act shall constitute an irrevocable and |
14 | | continuing
appropriation from the Income Tax Refund Fund |
15 | | for the purpose of paying
refunds upon the order of the |
16 | | Director in accordance with the provisions of
this Section. |
17 | | (e) Deposits into the Education Assistance Fund and the |
18 | | Income Tax
Surcharge Local Government Distributive Fund. |
19 | | On July 1, 1991, and thereafter, of the amounts collected |
20 | | pursuant to
subsections (a) and (b) of Section 201 of this Act, |
21 | | minus deposits into the
Income Tax Refund Fund, the Department |
22 | | shall deposit 7.3% into the
Education Assistance Fund in the |
23 | | State Treasury. Beginning July 1, 1991,
and continuing through |
24 | | January 31, 1993, of the amounts collected pursuant to
|
25 | | subsections (a) and (b) of Section 201 of the Illinois Income |
26 | | Tax Act, minus
deposits into the Income Tax Refund Fund, the |
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1 | | Department shall deposit 3.0%
into the Income Tax Surcharge |
2 | | Local Government Distributive Fund in the State
Treasury. |
3 | | Beginning February 1, 1993 and continuing through June 30, |
4 | | 1993, of
the amounts collected pursuant to subsections (a) and |
5 | | (b) of Section 201 of the
Illinois Income Tax Act, minus |
6 | | deposits into the Income Tax Refund Fund, the
Department shall |
7 | | deposit 4.4% into the Income Tax Surcharge Local Government
|
8 | | Distributive Fund in the State Treasury. Beginning July 1, |
9 | | 1993, and
continuing through June 30, 1994, of the amounts |
10 | | collected under subsections
(a) and (b) of Section 201 of this |
11 | | Act, minus deposits into the Income Tax
Refund Fund, the |
12 | | Department shall deposit 1.475% into the Income Tax Surcharge
|
13 | | Local Government Distributive Fund in the State Treasury. |
14 | | (f) Deposits into the Fund for the Advancement of |
15 | | Education. Beginning February 1, 2015, the Department shall |
16 | | deposit the following portions of the revenue realized from the |
17 | | tax imposed upon individuals, trusts, and estates by |
18 | | subsections (a) and (b) of Section 201 of this Act during the |
19 | | preceding month, minus deposits into the Income Tax Refund |
20 | | Fund, into the Fund for the Advancement of Education: |
21 | | (1) beginning February 1, 2015, and prior to February |
22 | | 1, 2025, 1/30; and |
23 | | (2) beginning February 1, 2025, 1/26. |
24 | | If the rate of tax imposed by subsection (a) and (b) of |
25 | | Section 201 is reduced pursuant to Section 201.5 of this Act, |
26 | | the Department shall not make the deposits required by this |
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1 | | subsection (f) on or after the effective date of the reduction. |
2 | | (g) Deposits into the Commitment to Human Services Fund. |
3 | | Beginning February 1, 2015, the Department shall deposit the |
4 | | following portions of the revenue realized from the tax imposed |
5 | | upon individuals, trusts, and estates by subsections (a) and |
6 | | (b) of Section 201 of this Act during the preceding month, |
7 | | minus deposits into the Income Tax Refund Fund, into the |
8 | | Commitment to Human Services Fund: |
9 | | (1) beginning February 1, 2015, and prior to February |
10 | | 1, 2025, 1/30; and |
11 | | (2) beginning February 1, 2025, 1/26. |
12 | | If the rate of tax imposed by subsection (a) and (b) of |
13 | | Section 201 is reduced pursuant to Section 201.5 of this Act, |
14 | | the Department shall not make the deposits required by this |
15 | | subsection (g) on or after the effective date of the reduction. |
16 | | (h) Deposits into the Tax Compliance and Administration |
17 | | Fund. Beginning on the first day of the first calendar month to |
18 | | occur on or after August 26, 2014 ( the effective date of Public |
19 | | Act 98-1098) this amendatory Act of the 98th General Assembly , |
20 | | each month the Department shall pay into the Tax Compliance and |
21 | | Administration Fund, to be used, subject to appropriation, to |
22 | | fund additional auditors and compliance personnel at the |
23 | | Department, an amount equal to 1/12 of 5% of the cash receipts |
24 | | collected during the preceding fiscal year by the Audit Bureau |
25 | | of the Department from the tax imposed by subsections (a), (b), |
26 | | (c), and (d) of Section 201 of this Act, net of deposits into |
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1 | | the Income Tax Refund Fund made from those cash receipts. |
2 | | (Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, |
3 | | eff. 6-19-13; 98-674, eff. 6-30-14; 98-1052, eff. 8-26-14; |
4 | | 98-1098, eff. 8-26-14; revised 9-26-14.)
|
5 | | Section 145. The Use Tax Act is amended by changing Section |
6 | | 2 as follows:
|
7 | | (35 ILCS 105/2) (from Ch. 120, par. 439.2)
|
8 | | Sec. 2. Definitions. |
9 | | "Use" means the exercise by any person of any right or |
10 | | power over
tangible personal property incident to the ownership |
11 | | of that property,
except that it does not include the sale of |
12 | | such property in any form as
tangible personal property in the |
13 | | regular course of business to the extent
that such property is |
14 | | not first subjected to a use for which it was
purchased, and |
15 | | does not include the use of such property by its owner for
|
16 | | demonstration purposes: Provided that the property purchased |
17 | | is deemed to
be purchased for the purpose of resale, despite |
18 | | first being used, to the
extent to which it is resold as an |
19 | | ingredient of an intentionally produced
product or by-product |
20 | | of manufacturing. "Use" does not mean the demonstration
use or |
21 | | interim use of tangible personal property by a retailer before |
22 | | he sells
that tangible personal property. For watercraft or |
23 | | aircraft, if the period of
demonstration use or interim use by |
24 | | the retailer exceeds 18 months,
the retailer
shall pay on the |
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1 | | retailers' original cost price the tax imposed by this Act,
and |
2 | | no credit for that tax is permitted if the watercraft or |
3 | | aircraft is
subsequently sold by the retailer. "Use" does not |
4 | | mean the physical
incorporation of tangible personal property, |
5 | | to the extent not first subjected
to a use for which it was |
6 | | purchased, as an ingredient or constituent, into
other tangible |
7 | | personal property (a) which is sold in the regular course of
|
8 | | business or (b) which the person incorporating such ingredient |
9 | | or constituent
therein has undertaken at the time of such |
10 | | purchase to cause to be transported
in interstate commerce to |
11 | | destinations outside the State of Illinois: Provided
that the |
12 | | property purchased is deemed to be purchased for the purpose of
|
13 | | resale, despite first being used, to the extent to which it is |
14 | | resold as an
ingredient of an intentionally produced product or |
15 | | by-product of manufacturing.
|
16 | | "Watercraft" means a Class 2, Class 3, or Class 4 |
17 | | watercraft as defined in
Section 3-2 of the Boat Registration |
18 | | and Safety Act, a personal watercraft, or
any boat equipped |
19 | | with an inboard motor.
|
20 | | "Purchase at retail" means the acquisition of the ownership |
21 | | of or title
to tangible personal property through a sale at |
22 | | retail.
|
23 | | "Purchaser" means anyone who, through a sale at retail, |
24 | | acquires the
ownership of tangible personal property for a |
25 | | valuable consideration.
|
26 | | "Sale at retail" means any transfer of the ownership of or |
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1 | | title to
tangible personal property to a purchaser, for the |
2 | | purpose of use, and not
for the purpose of resale in any form |
3 | | as tangible personal property to the
extent not first subjected |
4 | | to a use for which it was purchased, for a
valuable |
5 | | consideration: Provided that the property purchased is deemed |
6 | | to
be purchased for the purpose of resale, despite first being |
7 | | used, to the
extent to which it is resold as an ingredient of |
8 | | an intentionally produced
product or by-product of |
9 | | manufacturing. For this purpose, slag produced as
an incident |
10 | | to manufacturing pig iron or steel and sold is considered to be
|
11 | | an intentionally produced by-product of manufacturing. "Sale |
12 | | at retail"
includes any such transfer made for resale unless |
13 | | made in compliance with
Section 2c of the Retailers' Occupation |
14 | | Tax Act, as incorporated by
reference into Section 12 of this |
15 | | Act. Transactions whereby the possession
of the property is |
16 | | transferred but the seller retains the title as security
for |
17 | | payment of the selling price are sales.
|
18 | | "Sale at retail" shall also be construed to include any |
19 | | Illinois
florist's sales transaction in which the purchase |
20 | | order is received in
Illinois by a florist and the sale is for |
21 | | use or consumption, but the
Illinois florist has a florist in |
22 | | another state deliver the property to the
purchaser or the |
23 | | purchaser's donee in such other state.
|
24 | | Nonreusable tangible personal property that is used by |
25 | | persons engaged in
the business of operating a restaurant, |
26 | | cafeteria, or drive-in is a sale for
resale when it is |
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1 | | transferred to customers in the ordinary course of business
as |
2 | | part of the sale of food or beverages and is used to deliver, |
3 | | package, or
consume food or beverages, regardless of where |
4 | | consumption of the food or
beverages occurs. Examples of those |
5 | | items include, but are not limited to
nonreusable, paper and |
6 | | plastic cups, plates, baskets, boxes, sleeves, buckets
or other |
7 | | containers, utensils, straws, placemats, napkins, doggie bags, |
8 | | and
wrapping or packaging
materials that are transferred to |
9 | | customers as part of the sale of food or
beverages in the |
10 | | ordinary course of business.
|
11 | | The purchase, employment and transfer of such tangible |
12 | | personal property
as newsprint and ink for the primary purpose |
13 | | of conveying news (with or
without other information) is not a |
14 | | purchase, use or sale of tangible
personal property.
|
15 | | "Selling price" means the consideration for a sale valued |
16 | | in money
whether received in money or otherwise, including |
17 | | cash, credits, property
other than as hereinafter provided, and |
18 | | services, but not including the
value of or credit given for |
19 | | traded-in tangible personal property where the
item that is |
20 | | traded-in is of like kind and character as that which is being
|
21 | | sold, and shall be determined without any deduction on account |
22 | | of the cost
of the property sold, the cost of materials used, |
23 | | labor or service cost or
any other expense whatsoever, but does |
24 | | not include interest or finance
charges which appear as |
25 | | separate items on the bill of sale or sales
contract nor |
26 | | charges that are added to prices by sellers on account of the
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1 | | seller's tax liability under the "Retailers' Occupation Tax |
2 | | Act", or on
account of the seller's duty to collect, from the |
3 | | purchaser, the tax that
is imposed by this Act, or, except as |
4 | | otherwise provided with respect to any cigarette tax imposed by |
5 | | a home rule unit, on account of the seller's tax liability |
6 | | under any local occupation tax administered by the Department, |
7 | | or, except as otherwise provided with respect to any cigarette |
8 | | tax imposed by a home rule unit on account of the seller's duty |
9 | | to collect, from the purchasers, the tax that is imposed under |
10 | | any local use tax administered by the Department. Effective |
11 | | December 1, 1985, "selling price"
shall include charges that |
12 | | are added to prices by sellers on account of the
seller's tax |
13 | | liability under the Cigarette Tax Act, on account of the |
14 | | seller's
duty to collect, from the purchaser, the tax imposed |
15 | | under the Cigarette Use
Tax Act, and on account of the seller's |
16 | | duty to collect, from the purchaser,
any cigarette tax imposed |
17 | | by a home rule unit.
|
18 | | Notwithstanding any law to the contrary, for any motor |
19 | | vehicle, as defined in Section 1-146 of the Vehicle Code, that |
20 | | is sold on or after January 1, 2015 for the purpose of leasing |
21 | | the vehicle for a defined period that is longer than one year |
22 | | and (1) is a motor vehicle of the second division that: (A) is |
23 | | a self-contained motor vehicle designed or permanently |
24 | | converted to provide living quarters for recreational, |
25 | | camping, or travel use, with direct walk through access to the |
26 | | living quarters from the driver's seat; (B) is of the van |
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1 | | configuration designed for the transportation of not less than |
2 | | 7 nor more than 16 passengers; or (C) has a gross vehicle |
3 | | weight rating of 8,000 pounds or less or (2) is a motor vehicle |
4 | | of the first division, "selling price" or "amount of sale" |
5 | | means the consideration received by the lessor pursuant to the |
6 | | lease contract, including amounts due at lease signing and all |
7 | | monthly or other regular payments charged over the term of the |
8 | | lease. Also included in the selling price is any amount |
9 | | received by the lessor from the lessee for the leased vehicle |
10 | | that is not calculated at the time the lease is executed, |
11 | | including, but not limited to, excess mileage charges and |
12 | | charges for excess wear and tear. For sales that occur in |
13 | | Illinois, with respect to any amount received by the lessor |
14 | | from the lessee for the leased vehicle that is not calculated |
15 | | at the time the lease is executed, the lessor who purchased the |
16 | | motor vehicle does not incur the tax imposed by the Use Tax Act |
17 | | on those amounts, and the retailer who makes the retail sale of |
18 | | the motor vehicle to the lessor is not required to collect the |
19 | | tax imposed by this Act or to pay the tax imposed by the |
20 | | Retailers' Occupation Tax Act on those amounts. However, the |
21 | | lessor who purchased the motor vehicle assumes the liability |
22 | | for reporting and paying the tax on those amounts directly to |
23 | | the Department in the same form (Illinois Retailers' Occupation |
24 | | Tax, and local retailers' occupation taxes, if applicable) in |
25 | | which the retailer would have reported and paid such tax if the |
26 | | retailer had accounted for the tax to the Department. For |
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1 | | amounts received by the lessor from the lessee that are not |
2 | | calculated at the time the lease is executed, the lessor must |
3 | | file the return and pay the tax to the Department by the due |
4 | | date otherwise required by this Act for returns other than |
5 | | transaction returns. If the retailer is entitled under this Act |
6 | | to a discount for collecting and remitting the tax imposed |
7 | | under this Act to the Department with respect to the sale of |
8 | | the motor vehicle to the lessor, then the right to the discount |
9 | | provided in this Act shall be transferred to the lessor with |
10 | | respect to the tax paid by the lessor for any amount received |
11 | | by the lessor from the lessee for the leased vehicle that is |
12 | | not calculated at the time the lease is executed; provided that |
13 | | the discount is only allowed if the return is timely filed and |
14 | | for amounts timely paid. The "selling price" of a motor vehicle |
15 | | that is sold on or after January 1, 2015 for the purpose of |
16 | | leasing for a defined period of longer than one year shall not |
17 | | be reduced by the value of or credit given for traded-in |
18 | | tangible personal property owned by the lessor, nor shall it be |
19 | | reduced by the value of or credit given for traded-in tangible |
20 | | personal property owned by the lessee, regardless of whether |
21 | | the trade-in value thereof is assigned by the lessee to the |
22 | | lessor. In the case of a motor vehicle that is sold for the |
23 | | purpose of leasing for a defined period of longer than one |
24 | | year, the sale occurs at the time of the delivery of the |
25 | | vehicle, regardless of the due date of any lease payments. A |
26 | | lessor who incurs a Retailers' Occupation Tax liability on the |
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1 | | sale of a motor vehicle coming off lease may not take a credit |
2 | | against that liability for the Use Tax the lessor paid upon the |
3 | | purchase of the motor vehicle (or for any tax the lessor paid |
4 | | with respect to any amount received by the lessor from the |
5 | | lessee for the leased vehicle that was not calculated at the |
6 | | time the lease was executed) if the selling price of the motor |
7 | | vehicle at the time of purchase was calculated using the |
8 | | definition of "selling price" as defined in this paragraph. |
9 | | Notwithstanding any other provision of this Act to the |
10 | | contrary, lessors shall file all returns and make all payments |
11 | | required under this paragraph to the Department by electronic |
12 | | means in the manner and form as required by the Department. |
13 | | This paragraph does not apply to leases of motor vehicles for |
14 | | which, at the time the lease is entered into, the term of the |
15 | | lease is not a defined period, including leases with a defined |
16 | | initial period with the option to continue the lease on a |
17 | | month-to-month or other basis beyond the initial defined |
18 | | period. |
19 | | The phrase "like kind and character" shall be liberally |
20 | | construed
(including but not limited to any form of motor |
21 | | vehicle for any form of
motor vehicle, or any kind of farm or |
22 | | agricultural implement for any other
kind of farm or |
23 | | agricultural implement), while not including a kind of item
|
24 | | which, if sold at retail by that retailer, would be exempt from |
25 | | retailers'
occupation tax and use tax as an isolated or |
26 | | occasional sale.
|
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1 | | "Department" means the Department of Revenue.
|
2 | | "Person" means any natural individual, firm, partnership, |
3 | | association,
joint stock company, joint adventure, public or |
4 | | private corporation, limited
liability company, or a
receiver, |
5 | | executor, trustee, guardian or other representative appointed
|
6 | | by order of any court.
|
7 | | "Retailer" means and includes every person engaged in the |
8 | | business of
making sales at retail as defined in this Section.
|
9 | | A person who holds himself or herself out as being engaged |
10 | | (or who habitually
engages) in selling tangible personal |
11 | | property at retail is a retailer
hereunder with respect to such |
12 | | sales (and not primarily in a service
occupation) |
13 | | notwithstanding the fact that such person designs and produces
|
14 | | such tangible personal property on special order for the |
15 | | purchaser and in
such a way as to render the property of value |
16 | | only to such purchaser, if
such tangible personal property so |
17 | | produced on special order serves
substantially the same |
18 | | function as stock or standard items of tangible
personal |
19 | | property that are sold at retail.
|
20 | | A person whose activities are organized and conducted |
21 | | primarily as a
not-for-profit service enterprise, and who |
22 | | engages in selling tangible
personal property at retail |
23 | | (whether to the public or merely to members and
their guests) |
24 | | is a retailer with respect to such transactions, excepting
only |
25 | | a person organized and operated exclusively for charitable, |
26 | | religious
or educational purposes either (1), to the extent of |
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1 | | sales by such person
to its members, students, patients or |
2 | | inmates of tangible personal property
to be used primarily for |
3 | | the purposes of such person, or (2), to the extent
of sales by |
4 | | such person of tangible personal property which is not sold or
|
5 | | offered for sale by persons organized for profit. The selling |
6 | | of school
books and school supplies by schools at retail to |
7 | | students is not
"primarily for the purposes of" the school |
8 | | which does such selling. This
paragraph does not apply to nor |
9 | | subject to taxation occasional dinners,
social or similar |
10 | | activities of a person organized and operated exclusively
for |
11 | | charitable, religious or educational purposes, whether or not |
12 | | such
activities are open to the public.
|
13 | | A person who is the recipient of a grant or contract under |
14 | | Title VII of
the Older Americans Act of 1965 (P.L. 92-258) and |
15 | | serves meals to
participants in the federal Nutrition Program |
16 | | for the Elderly in return for
contributions established in |
17 | | amount by the individual participant pursuant
to a schedule of |
18 | | suggested fees as provided for in the federal Act is not a
|
19 | | retailer under this Act with respect to such transactions.
|
20 | | Persons who engage in the business of transferring tangible |
21 | | personal
property upon the redemption of trading stamps are |
22 | | retailers hereunder when
engaged in such business.
|
23 | | The isolated or occasional sale of tangible personal |
24 | | property at retail
by a person who does not hold himself out as |
25 | | being engaged (or who does not
habitually engage) in selling |
26 | | such tangible personal property at retail or
a sale through a |
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1 | | bulk vending machine does not make such person a retailer
|
2 | | hereunder. However, any person who is engaged in a business |
3 | | which is not
subject to the tax imposed by the "Retailers' |
4 | | Occupation Tax Act" because
of involving the sale of or a |
5 | | contract to sell real estate or a
construction contract to |
6 | | improve real estate, but who, in the course of
conducting such |
7 | | business, transfers tangible personal property to users or
|
8 | | consumers in the finished form in which it was purchased, and |
9 | | which does
not become real estate, under any provision of a |
10 | | construction contract or
real estate sale or real estate sales |
11 | | agreement entered into with some
other person arising out of or |
12 | | because of such nontaxable business, is a
retailer to the |
13 | | extent of the value of the tangible personal property so
|
14 | | transferred. If, in such transaction, a separate charge is made |
15 | | for the
tangible personal property so transferred, the value of |
16 | | such property, for
the purposes of this Act, is the amount so |
17 | | separately charged, but not less
than the cost of such property |
18 | | to the transferor; if no separate charge is
made, the value of |
19 | | such property, for the purposes of this Act, is the cost
to the |
20 | | transferor of such tangible personal property.
|
21 | | "Retailer maintaining a place of business in this State", |
22 | | or any like
term, means and includes any of the following |
23 | | retailers:
|
24 | | 1. A retailer having or maintaining within this State, |
25 | | directly or by
a subsidiary, an office, distribution house, |
26 | | sales house, warehouse or other
place of business, or any |
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1 | | agent or other representative operating within this
State |
2 | | under the authority of the retailer or its subsidiary, |
3 | | irrespective of
whether such place of business or agent or |
4 | | other representative is located here
permanently or |
5 | | temporarily, or whether such retailer or subsidiary is |
6 | | licensed
to do business in this State. However, the |
7 | | ownership of property that is
located at the premises of a |
8 | | printer with which the retailer has contracted for
printing |
9 | | and that consists of the final printed product, property |
10 | | that becomes
a part of the final printed product, or copy |
11 | | from which the printed product is
produced shall not result |
12 | | in the retailer being deemed to have or maintain an
office, |
13 | | distribution house, sales house, warehouse, or other place |
14 | | of business
within this State. |
15 | | 1.1. A retailer having a contract with a person located |
16 | | in this State under which the person, for a commission or |
17 | | other consideration based upon the sale of tangible |
18 | | personal property by the retailer, directly or indirectly |
19 | | refers potential customers to the retailer by providing to |
20 | | the potential customers a promotional code or other |
21 | | mechanism that allows the retailer to track purchases |
22 | | referred by such persons. Examples of mechanisms that allow |
23 | | the retailer to track purchases referred by such persons |
24 | | include but are not limited to the use of a link on the |
25 | | person's Internet website, promotional codes distributed |
26 | | through the person's hand-delivered or mailed material, |
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1 | | and promotional codes distributed by the person through |
2 | | radio or other broadcast media. The provisions of this |
3 | | paragraph 1.1 shall apply only if the cumulative gross |
4 | | receipts from sales of tangible personal property by the |
5 | | retailer to customers who are referred to the retailer by |
6 | | all persons in this State under such contracts exceed |
7 | | $10,000 during the preceding 4 quarterly periods ending on |
8 | | the last day of March, June, September, and December. A |
9 | | retailer meeting the requirements of this paragraph 1.1 |
10 | | shall be presumed to be maintaining a place of business in |
11 | | this State but may rebut this presumption by submitting |
12 | | proof that the referrals or other activities pursued within |
13 | | this State by such persons were not sufficient to meet the |
14 | | nexus standards of the United States Constitution during |
15 | | the preceding 4 quarterly periods. |
16 | | 1.2. Beginning July 1, 2011, a retailer having a |
17 | | contract with a person located in this State under which: |
18 | | A. the retailer sells the same or substantially |
19 | | similar line of products as the person located in this |
20 | | State and does so using an identical or substantially |
21 | | similar name, trade name, or trademark as the person |
22 | | located in this State; and |
23 | | B. the retailer provides a commission or other |
24 | | consideration to the person located in this State based |
25 | | upon the sale of tangible personal property by the |
26 | | retailer. |
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1 | | The provisions of this paragraph 1.2 shall apply only if |
2 | | the cumulative gross receipts from sales of tangible |
3 | | personal property by the retailer to customers in this |
4 | | State under all such contracts exceed $10,000 during the |
5 | | preceding 4 quarterly periods ending on the last day of |
6 | | March, June, September, and December.
|
7 | | 2. A retailer soliciting orders for tangible personal |
8 | | property by
means of a telecommunication or television |
9 | | shopping system (which utilizes toll
free numbers) which is |
10 | | intended by the retailer to be broadcast by cable
|
11 | | television or other means of broadcasting, to consumers |
12 | | located in this State.
|
13 | | 3. A retailer, pursuant to a contract with a |
14 | | broadcaster or publisher
located in this State, soliciting |
15 | | orders for tangible personal property by
means of |
16 | | advertising which is disseminated primarily to consumers |
17 | | located in
this State and only secondarily to bordering |
18 | | jurisdictions.
|
19 | | 4. A retailer soliciting orders for tangible personal |
20 | | property by mail
if the solicitations are substantial and |
21 | | recurring and if the retailer benefits
from any banking, |
22 | | financing, debt collection, telecommunication, or |
23 | | marketing
activities occurring in this State or benefits |
24 | | from the location in this State
of authorized installation, |
25 | | servicing, or repair facilities.
|
26 | | 5. A retailer that is owned or controlled by the same |
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1 | | interests that own
or control any retailer engaging in |
2 | | business in the same or similar line of
business in this |
3 | | State.
|
4 | | 6. A retailer having a franchisee or licensee operating |
5 | | under its trade
name if the franchisee or licensee is |
6 | | required to collect the tax under this
Section.
|
7 | | 7. A retailer, pursuant to a contract with a cable |
8 | | television operator
located in this State, soliciting |
9 | | orders for tangible personal property by
means of |
10 | | advertising which is transmitted or distributed over a |
11 | | cable
television system in this State.
|
12 | | 8. A retailer engaging in activities in Illinois, which |
13 | | activities in
the state in which the retail business |
14 | | engaging in such activities is located
would constitute |
15 | | maintaining a place of business in that state.
|
16 | | "Bulk vending machine" means a vending machine,
containing |
17 | | unsorted confections, nuts, toys, or other items designed
|
18 | | primarily to be used or played with by children
which, when a |
19 | | coin or coins of a denomination not larger than $0.50 are |
20 | | inserted, are dispensed in equal portions, at random and
|
21 | | without selection by the customer.
|
22 | | (Source: P.A. 98-628, eff. 1-1-15; 98-1080, eff. 8-26-14; |
23 | | 98-1089, eff. 1-1-15; revised 10-1-14.)
|
24 | | Section 150. The Cigarette Tax Act is amended by changing |
25 | | Section 4g as follows:
|
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1 | | (35 ILCS 130/4g) |
2 | | (This Section may contain text from a Public Act with a |
3 | | delayed effective date ) |
4 | | Sec. 4g. Retailer's license. Beginning on January 1, 2016, |
5 | | no person may engage in business as a retailer of cigarettes in |
6 | | this State without first having obtained a license from the |
7 | | Department. Application for license shall be made to the |
8 | | Department, by electronic means, in a form prescribed by the |
9 | | Department. Each applicant for a license under this Section |
10 | | shall furnish to the Department, in an electronic format |
11 | | established by the Department, the following information: |
12 | | (1) the name and address of the applicant; |
13 | | (2) the address of the location at which the applicant |
14 | | proposes to engage in business as a retailer of cigarettes |
15 | | in this State; and |
16 | | (3) such other additional information as the |
17 | | Department may lawfully require by its rules and |
18 | | regulations. |
19 | | The annual license fee payable to the Department for each |
20 | | retailer's license shall be $75. The fee shall be deposited |
21 | | into the Tax Compliance and Administration Fund and shall be |
22 | | for the cost of tobacco retail inspection and contraband |
23 | | tobacco and tobacco smuggling with at least two-thirds of the |
24 | | money being used for contraband tobacco and tobacco smuggling |
25 | | operations and enforcement. |
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1 | | Each applicant for a license shall pay the fee to the |
2 | | Department at the time of submitting its application for a |
3 | | license to the Department. The Department shall require an |
4 | | applicant for a license under this Section to electronically |
5 | | file and pay the fee. |
6 | | A separate annual license fee shall be paid for each place |
7 | | of business at which a person who is required to procure a |
8 | | retailer's license under this Section proposes to engage in |
9 | | business as a retailer in Illinois under this Act. |
10 | | The following are ineligible to receive a retailer's |
11 | | license under this Act: |
12 | | (1) a person who has been convicted of a felony related |
13 | | to the illegal transportation, sale, or distribution of |
14 | | cigarettes, or a tobacco-related felony, under any federal |
15 | | or State law, if the Department, after investigation and a |
16 | | hearing if requested by the applicant, determines that the |
17 | | person has not been sufficiently rehabilitated to warrant |
18 | | the public trust; or |
19 | | (2) a corporation, if any officer, manager, or director |
20 | | thereof, or any stockholder or stockholders owning in the |
21 | | aggregate more than 5% of the stock of such corporation, |
22 | | would not be eligible to receive a license under this Act |
23 | | for any reason. |
24 | | The Department, upon receipt of an application and license |
25 | | fee, in proper form, from a person who is eligible to receive a |
26 | | retailer's license under this Act, shall issue to such |
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1 | | applicant a license in form as prescribed by the Department. |
2 | | That license shall permit the applicant to whom it is issued to |
3 | | engage in business as a retailer under this Act at the place |
4 | | shown in his or her application. All licenses issued by the |
5 | | Department under this Section shall be valid for a period not |
6 | | to exceed one year after issuance unless sooner revoked, |
7 | | canceled, or suspended as provided in this Act. No license |
8 | | issued under this Section is transferable or assignable. The |
9 | | license shall be conspicuously displayed in the place of |
10 | | business conducted by the licensee in Illinois under such |
11 | | license. The Department shall not issue a retailer's license to |
12 | | a retailer unless the retailer is also registered under the |
13 | | Retailers' Occupation Tax Act. A person who obtains a license |
14 | | as a retailer who ceases to do business as specified in the |
15 | | license, or who never commenced business, or who obtains a |
16 | | distributor's license, or whose license is suspended or |
17 | | revoked, shall immediately surrender the license to the |
18 | | Department. |
19 | | Any person aggrieved by any decision of the Department |
20 | | under this Section subsection may, within 30 days after notice |
21 | | of the decision, protest and request a hearing. Upon receiving |
22 | | a request for a hearing, the Department shall give written |
23 | | notice to the person requesting the hearing of the time and |
24 | | place fixed for the hearing and shall hold a hearing in |
25 | | conformity with the provisions of this Act and then issue its |
26 | | final administrative decision in the matter to that person. In |
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1 | | the absence of a protest and request for a hearing within 30 |
2 | | days, the Department's decision shall become final without any |
3 | | further determination being made or notice given.
|
4 | | (Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.)
|
5 | | Section 155. The Tobacco Products Tax Act of 1995 is |
6 | | amended by changing Section 10-21 as follows:
|
7 | | (35 ILCS 143/10-21) |
8 | | (This Section may contain text from a Public Act with a |
9 | | delayed effective date ) |
10 | | Sec. 10-21. Retailer's license. Beginning on January 1, |
11 | | 2016, no person may engage in business as a retailer of tobacco |
12 | | products in this State without first having obtained a license |
13 | | from the Department. Application for license shall be made to |
14 | | the Department, by electronic means, in a form prescribed by |
15 | | the Department. Each applicant for a license under this Section |
16 | | shall furnish to the Department, in an electronic format |
17 | | established by the Department, the following information: |
18 | | (1) the name and address of the applicant; |
19 | | (2) the address of the location at which the applicant |
20 | | proposes to engage in business as a retailer of tobacco |
21 | | products in this State; |
22 | | (3) such other additional information as the |
23 | | Department may lawfully require by its rules and |
24 | | regulations. |
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1 | | The annual license fee payable to the Department for each |
2 | | retailer's license shall be $75. The fee will be deposited into |
3 | | the Tax Compliance and Administration Fund and shall be used |
4 | | for the cost of tobacco retail inspection and contraband |
5 | | tobacco and tobacco smuggling with at least two-thirds of the |
6 | | money being used for contraband tobacco and tobacco smuggling |
7 | | operations and enforcement. |
8 | | Each applicant for license shall pay such fee to the |
9 | | Department at the time of submitting its application for |
10 | | license to the Department. The Department shall require an |
11 | | applicant for a license under this Section to electronically |
12 | | file and pay the fee. |
13 | | A separate annual license fee shall be paid for each place |
14 | | of business at which a person who is required to procure a |
15 | | retailer's license under this Section proposes to engage in |
16 | | business as a retailer in Illinois under this Act. |
17 | | The following are ineligible to receive a retailer's |
18 | | license under this Act: |
19 | | (1) a person who has been convicted of a felony under |
20 | | any federal or State law for smuggling cigarettes or |
21 | | tobacco products or tobacco tax evasion, if the Department, |
22 | | after investigation and a hearing if requested by the |
23 | | applicant, determines that such person has not been |
24 | | sufficiently rehabilitated to warrant the public trust; |
25 | | and |
26 | | (2) a corporation, if any officer, manager or director |
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1 | | thereof, or any stockholder or stockholders owning in the |
2 | | aggregate more than 5% of the stock of such corporation, |
3 | | would not be eligible to receive a license under this Act |
4 | | for any reason. |
5 | | The Department, upon receipt of an application and license |
6 | | fee, in proper form, from a person who is eligible to receive a |
7 | | retailer's license under this Act, shall issue to such |
8 | | applicant a license in form as prescribed by the Department, |
9 | | which license shall permit the applicant to which it is issued |
10 | | to engage in business as a retailer under this Act at the place |
11 | | shown in his application. All licenses issued by the Department |
12 | | under this Section shall be valid for a period not to exceed |
13 | | one year after issuance unless sooner revoked, canceled or |
14 | | suspended as provided in this Act. No license issued under this |
15 | | Section is transferable or assignable. Such license shall be |
16 | | conspicuously displayed in the place of business conducted by |
17 | | the licensee in Illinois under such license. A person who |
18 | | obtains a license as a retailer who ceases to do business as |
19 | | specified in the license, or who never commenced business, or |
20 | | who obtains a distributor's license, or whose license is |
21 | | suspended or revoked, shall immediately surrender the license |
22 | | to the Department. The Department shall not issue a license to |
23 | | a retailer unless the retailer is also validly registered under |
24 | | the Retailers Occupation Tax Act. |
25 | | A retailer as defined under this Act need not obtain an |
26 | | additional license under this Act, but shall be deemed to be |
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1 | | sufficiently licensed by virtue of his being properly licensed |
2 | | as a retailer under Section 4g of the Cigarette Tax Act. |
3 | | Any person aggrieved by any decision of the Department |
4 | | under this Section subsection may, within 30 days after notice |
5 | | of the decision, protest and request a hearing. Upon receiving |
6 | | a request for a hearing, the Department shall give notice to |
7 | | the person requesting the hearing of the time and place fixed |
8 | | for the hearing and shall hold a hearing in conformity with the |
9 | | provisions of this Act and then issue its final administrative |
10 | | decision in the matter to that person. In the absence of a |
11 | | protest and request for a hearing within 30 days, the |
12 | | Department's decision shall become final without any further |
13 | | determination being made or notice given.
|
14 | | (Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.)
|
15 | | Section 160. The Local Government Disaster Service |
16 | | Volunteer Act is amended by changing Section 15 as follows:
|
17 | | (50 ILCS 122/15)
|
18 | | Sec. 15. Local government disaster service volunteer |
19 | | leave. An employee of
a local agency who is a certified |
20 | | disaster service volunteer of the American
Red Cross or |
21 | | assigned to the Illinois Emergency Management Agency in
|
22 | | accordance with the Illinois Emergency Management Agency Act, |
23 | | the Emergency Management
Assistance Compact Act, or other |
24 | | applicable administrative rules may be
granted leave from his |
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1 | | or her work with pay for not more than
20 working days in any |
2 | | 12-month period to participate in specialized disaster
relief |
3 | | services for the American Red Cross or for the Illinois |
4 | | Emergency
Management Agency, as
the case may be, upon
the |
5 | | request of the American
Red Cross or the Illinois Emergency |
6 | | Management Agency for the services of
that employee and upon
|
7 | | the approval of that
employee's agency, without loss of |
8 | | seniority, pay, vacation time, compensatory
time, personal |
9 | | days, sick time, or earned overtime accumulation. The agency
|
10 | | must compensate an employee granted leave under this Section at |
11 | | his or her
regular rate of pay for those regular work hours |
12 | | during which the employee is
absent from work. Leave under this |
13 | | Act shall not be unreasonably denied for
services related to a |
14 | | disaster within the United States or its territories.
|
15 | | (Source: P.A. 92-95, eff. 7-18-01; 93-893, eff. 8-10-04; |
16 | | revised 12-1-14.)
|
17 | | Section 165. The Illinois Police Training Act is amended by |
18 | | changing Section 9 as follows:
|
19 | | (50 ILCS 705/9) (from Ch. 85, par. 509)
|
20 | | Sec. 9.
A special fund is hereby established in the State |
21 | | Treasury to
be known as the "The Traffic and Criminal |
22 | | Conviction Surcharge Fund " and shall
be financed as provided in |
23 | | Section 9.1 of this Act and Section 5-9-1 of the
" Unified Code |
24 | | of Corrections " , unless the fines, costs , or additional
amounts |
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1 | | imposed are subject to disbursement by the circuit clerk under
|
2 | | Section 27.5 of the Clerks of Courts Act. Moneys in this Fund |
3 | | shall be
expended as follows:
|
4 | | (1) a A portion of the total amount deposited in the |
5 | | Fund may be used, as
appropriated by the General Assembly, |
6 | | for the ordinary and contingent expenses
of the Illinois |
7 | | Law Enforcement Training Standards Board;
|
8 | | (2) a A portion of the total amount deposited in the |
9 | | Fund
shall be appropriated for the reimbursement of local |
10 | | governmental agencies
participating in training programs |
11 | | certified by the Board, in an amount
equaling 1/2 of the |
12 | | total sum paid by such agencies during the State's previous
|
13 | | fiscal year for mandated training for probationary police |
14 | | officers or
probationary county corrections officers and |
15 | | for optional advanced and
specialized law enforcement or |
16 | | county corrections training ; these . These
reimbursements |
17 | | may include the costs for tuition at training schools, the
|
18 | | salaries of trainees while in schools, and the necessary |
19 | | travel and room
and board expenses for each trainee ; if . If |
20 | | the appropriations under this
paragraph (2) are not |
21 | | sufficient to fully reimburse the participating local
|
22 | | governmental agencies, the available funds shall be |
23 | | apportioned among such
agencies, with priority first given |
24 | | to repayment of the costs of mandatory
training given to |
25 | | law enforcement officer or county corrections officer
|
26 | | recruits, then to repayment of costs of advanced or |
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1 | | specialized training
for permanent police officers or |
2 | | permanent county corrections officers;
|
3 | | (3) a A portion of the total amount deposited in the |
4 | | Fund may be used to
fund the " Intergovernmental Law |
5 | | Enforcement Officer's In-Service Training
Act " , veto |
6 | | overridden October 29, 1981, as now or hereafter amended, |
7 | | at
a rate and method to be determined by the board;
|
8 | | (4) a A portion of the Fund also may be used by the |
9 | | Illinois Department
of State Police for expenses incurred |
10 | | in the training of employees from
any State, county or |
11 | | municipal agency whose function includes enforcement
of |
12 | | criminal or traffic law;
|
13 | | (5) a A portion of the Fund may be used by the Board to |
14 | | fund grant-in-aid
programs and services for the training of |
15 | | employees from any county or
municipal agency whose |
16 | | functions include corrections or the enforcement of
|
17 | | criminal or traffic
law;
|
18 | | (6) for For fiscal years 2013, 2014, and 2015 only, a |
19 | | portion of the Fund also may be used by the
Department of |
20 | | State Police to finance any of its lawful purposes or |
21 | | functions; and |
22 | | (7) a A portion of the Fund may be used by the Board, |
23 | | subject to appropriation, to administer grants to local law |
24 | | enforcement agencies for the purpose of purchasing |
25 | | bulletproof vests under the Law Enforcement Officer |
26 | | Bulletproof Vest Act. |
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1 | | All payments from the Traffic and Criminal Conviction |
2 | | Surcharge Fund shall
be made each year from moneys appropriated |
3 | | for the purposes specified in
this Section. No more than 50% of |
4 | | any appropriation under this Act shall be
spent in any city |
5 | | having a population of more than 500,000. The State
Comptroller |
6 | | and the State Treasurer shall from time to time, at the
|
7 | | direction of the Governor, transfer from the Traffic and |
8 | | Criminal
Conviction Surcharge Fund to the General Revenue Fund |
9 | | in the State Treasury
such amounts as the Governor determines |
10 | | are in excess of the amounts
required to meet the obligations |
11 | | of the Traffic and Criminal Conviction
Surcharge Fund.
|
12 | | (Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13; |
13 | | 98-674, eff. 6-30-14; 98-743, eff. 1-1-15; revised 10-1-14.)
|
14 | | Section 170. The Children's Advocacy Center Act is amended |
15 | | by changing Section 4 as follows:
|
16 | | (55 ILCS 80/4) (from Ch. 23, par. 1804)
|
17 | | Sec. 4. Children's Advocacy Center.
|
18 | | (a) A CAC may be
established to coordinate the activities |
19 | | of the various agencies involved
in the investigation, |
20 | | prosecution and treatment of child maltreatment. The |
21 | | individual county or regional Advisory Board shall set the |
22 | | written protocol of the CAC within the appropriate |
23 | | jurisdiction.
The operation of the CAC may be funded through |
24 | | public or private grants, contracts, donations, fees, and
other |
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1 | | available sources under this Act. Each CAC shall operate to the |
2 | | best of its ability in accordance with available funding. In |
3 | | counties in which a referendum has been adopted
under Section 5 |
4 | | of this Act, the Advisory Board, by the majority vote of its |
5 | | members, shall submit a
proposed annual budget for the |
6 | | operation of the CAC to the county board,
which shall |
7 | | appropriate funds and levy a tax sufficient to
operate the CAC. |
8 | | The county board in each county in which a
referendum has been |
9 | | adopted shall establish a Children's Advocacy
Center Fund and |
10 | | shall deposit the net proceeds of the tax authorized by
Section |
11 | | 6 of this Act in that Fund, which shall be kept separate from |
12 | | all
other county funds and shall only be used for the purposes |
13 | | of this Act.
|
14 | | (b) The Advisory Board shall pay from the Children's |
15 | | Advocacy Center
Fund or from other available funds the salaries |
16 | | of all employees of the
Center and the expenses of acquiring a |
17 | | physical plant for
the Center by construction or lease and |
18 | | maintaining the Center, including
the expenses of |
19 | | administering the coordination of the investigation,
|
20 | | prosecution and treatment referral of child maltreatment under |
21 | | the provisions of the protocol
adopted pursuant to this Act.
|
22 | | (c) Every CAC shall include at least the following |
23 | | components:
|
24 | | (1) A multidisciplinary, coordinated systems approach |
25 | | to the
investigation of child maltreatment which shall |
26 | | include, at a minimum : ;
|
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1 | | (i) an interagency notification procedure;
|
2 | | (ii) a policy on multidisciplinary team |
3 | | collaboration and communication that requires MDT |
4 | | members share information pertinent to investigations |
5 | | and the safety of children;
|
6 | | (iii) (blank);
|
7 | | (iv) a description of the role each agency has in |
8 | | responding to a referral for services in an individual |
9 | | case;
|
10 | | (v) a dispute resolution process between the |
11 | | involved agencies when a conflict arises on how to |
12 | | proceed on the referral of a particular case; |
13 | | (vi) a process for the CAC to assist in the |
14 | | forensic interview of children that witness alleged |
15 | | crimes; |
16 | | (vii) a child-friendly, trauma informed space for |
17 | | children and their non-offending family members; |
18 | | (viii) an MDT approach including law enforcement, |
19 | | prosecution, medical, mental health, victim advocacy, |
20 | | and other community resources; |
21 | | (ix) medical evaluation on-site or off-site |
22 | | through referral; |
23 | | (x) mental health services on-site or off-site |
24 | | through referral; |
25 | | (xi) on-site forensic interviews; |
26 | | (xii) culturally competent services; |
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1 | | (xiii) case tracking and review; |
2 | | (xiv) case staffing on each investigation; |
3 | | (xv) effective organizational capacity; and |
4 | | (xvi) a policy or procedure to familiarize a child |
5 | | and his or her non-offending family members or |
6 | | guardians with the court process as well as |
7 | | preparations for testifying in court, if necessary ; . |
8 | | (2) A safe, separate space with assigned personnel |
9 | | designated for the
investigation and coordination of child |
10 | | maltreatment cases;
|
11 | | (3) A multidisciplinary case review process for |
12 | | purposes of
decision-making, problem solving, systems |
13 | | coordination, and information
sharing;
|
14 | | (4) A comprehensive client tracking system to receive |
15 | | and coordinate
information concerning child maltreatment |
16 | | cases from each participating agency;
|
17 | | (5) Multidisciplinary specialized training for all |
18 | | professionals involved
with the victims and non-offending |
19 | | family members in child maltreatment cases; and
|
20 | | (6) A process for evaluating the effectiveness of the |
21 | | CAC and its
operations.
|
22 | | (d) In the event that a CAC has been established as |
23 | | provided in this
Section, the Advisory Board of that CAC may, |
24 | | by a majority vote of the members,
authorize the CAC to |
25 | | coordinate the activities of the various agencies
involved in |
26 | | the investigation, prosecution, and treatment referral in |
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1 | | cases of serious or fatal injury to a
child. For CACs receiving |
2 | | funds under Section 5 or 6 of this Act, the Advisory Board |
3 | | shall provide for the financial
support of these activities in |
4 | | a manner similar to that set out in subsections
(a) and (b) of |
5 | | this Section and shall be allowed to submit a budget that
|
6 | | includes support for physical abuse and neglect activities to |
7 | | the County Board,
which shall appropriate funds that may be |
8 | | available under Section 5 of this
Act. In cooperation with the |
9 | | Department of Children and Family Services Child Death Review |
10 | | Teams, the Department of Children and Family Services Office of |
11 | | the Inspector General, and other stakeholders, this protocol |
12 | | must be initially implemented in selected counties to the |
13 | | extent that State appropriations or funds from other sources |
14 | | for this purpose allow.
|
15 | | (e) CACI may also provide technical
assistance and guidance |
16 | | to the Advisory Boards.
|
17 | | (Source: P.A. 98-809, eff. 1-1-15; revised 12-2-2014.)
|
18 | | Section 175. The Township Code is amended by changing |
19 | | Section 30-50 as follows:
|
20 | | (60 ILCS 1/30-50)
|
21 | | Sec. 30-50. Purchase and use of property.
|
22 | | (a) The electors may make all orders for the
purchase, |
23 | | sale, conveyance,
regulation, or use of the township's |
24 | | corporate property (including
the direct
sale or lease of |
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1 | | single township road district property) that may be deemed |
2 | | conducive
to
the interests of its inhabitants, including the |
3 | | lease, for up to 10 years, or for up to 25 years if the lease is |
4 | | for a wireless telecommunications tower, at
fair market value, |
5 | | of corporate property for which no use or need during the
lease |
6 | | period is anticipated at the time of leasing. The property may |
7 | | be leased
to another governmental body, however,
or to a |
8 | | not-for-profit corporation that has contracted to construct or |
9 | | fund
the construction of a structure or improvement upon the |
10 | | real estate owned by
the township and that has contracted with |
11 | | the township to allow the township to
use at least a portion of |
12 | | the structure or improvement to be constructed upon
the real |
13 | | estate leased and not otherwise used by the township,
for any |
14 | | term not exceeding 50 years and
for any consideration.
In the |
15 | | case of a not-for-profit corporation, the township shall hold a |
16 | | public
hearing on the proposed lease. The township clerk shall |
17 | | give
notice of the hearing
by publication in a newspaper |
18 | | published in the township,
or in a newspaper published in the |
19 | | county and having general
circulation in the township if no |
20 | | newspaper is published in the township, and
by posting notices |
21 | | in at least 5 public places
at least 15 days before the public |
22 | | hearing.
|
23 | | (b) If a new tax is to be levied or an existing tax rate is |
24 | | to be increased
above the statutory limits for the purchase of |
25 | | the property, however, no action
otherwise authorized in |
26 | | subsection (a) shall be taken unless a petition signed
by at |
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1 | | least 10% of the registered voters residing in the township is |
2 | | presented
to the township clerk. If a petition is presented to |
3 | | the township clerk, the
clerk shall order a referendum on the |
4 | | proposition. The referendum shall be
held at the next annual or |
5 | | special township meeting or at an election in
accordance with |
6 | | the general election law. If the referendum is ordered to be
|
7 | | held at the township meeting, the township clerk shall give |
8 | | notice that at the
next annual or special township meeting the |
9 | | proposition shall be voted upon.
The notice shall set forth the |
10 | | proposition and shall be given by publication in
a newspaper |
11 | | published in the township. If there is no newspaper published
|
12 | | in the township, the notice shall be published in a newspaper |
13 | | published in the
county and having general circulation in the |
14 | | township. Notice also shall be
given by posting notices in at |
15 | | least 5 public places at least 15 days before
the township |
16 | | meeting. If the referendum is ordered to be held at an |
17 | | election,
the township clerk shall certify that proposition to |
18 | | the proper election
officials, who shall submit the proposition |
19 | | at an election. The proposition
shall be submitted in |
20 | | accordance with the general election law.
|
21 | | (c) If the leased property is utilized in part for private |
22 | | use and in part
for public use, those portions of the |
23 | | improvements devoted to private use are
fully taxable. The land |
24 | | is exempt from taxation to the extent that the uses on
the land |
25 | | are public and taxable to the extent that the uses are private.
|
26 | | (d) Before the township makes a lease or sale of township |
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1 | | or road
district
real property, the electors shall adopt a |
2 | | resolution
stating
the intent to lease or sell the real |
3 | | property, describing the
property in full, and stating the |
4 | | terms and conditions the electors deem
necessary and desirable |
5 | | for the lease or sale. A resolution stating the
intent to sell |
6 | | real property shall also contain pertinent information
|
7 | | concerning the size, use, and zoning of the property.
The value |
8 | | of real property shall be determined
by a State licensed real |
9 | | estate appraiser.
The appraisal shall be available for
public |
10 | | inspection. The resolution may direct the sale to be conducted |
11 | | by the
staff of the township or by listing with local licensed |
12 | | real
estate agencies
(in which case the terms of the agent's |
13 | | compensation shall be included in the
resolution).
|
14 | | Anytime during the year, the township or township road |
15 | | district may lease or sell personal property by a vote of the |
16 | | township board or request of the township highway commissioner.
|
17 | | The clerk shall thereafter publish the resolution or |
18 | | personal property
sale notice once in a newspaper published in |
19 | | the township or, if no newspaper
is published in the township, |
20 | | in a newspaper generally circulated in the
township. If no |
21 | | newspaper is generally circulated in the township, the clerk
|
22 | | shall post the resolution or personal property sale notice in 5 |
23 | | of the
most public places in the township. In addition to the |
24 | | foregoing publication
requirements, the clerk shall post the |
25 | | resolution or personal property
sale notice at the office of |
26 | | the township (if township property is involved)
or at the |
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1 | | office of the road district (if road district property is
|
2 | | involved). The following information shall be published or |
3 | | posted with the
resolution or
personal property sale notice: |
4 | | (i) the date by which all bids must be
received by the township |
5 | | or road district, which shall not be less than 30
days
after |
6 | | the date of publication or posting, and (ii) the place, time, |
7 | | and date at
which bids shall be opened, which shall be at a |
8 | | regular meeting of the township
board.
|
9 | | All bids shall be opened by the clerk (or someone duly |
10 | | appointed to act
for the clerk) at the regular meeting of the |
11 | | township board described in the
notice. With respect to |
12 | | township personal property, the township board may accept
the |
13 | | high bid or any
other bid determined to be in the best |
14 | | interests of the township by a majority
vote of the board. With |
15 | | respect to township real property, the township
board may |
16 | | accept the high bid or any other bid determined to be in the
|
17 | | best interests of the township by a vote of three-fourths of |
18 | | the township
board then holding office, but in no event at a |
19 | | price less than 80% of the
appraised value. With respect to |
20 | | road district property, the highway
commissioner may accept
the |
21 | | high bid or any other bid determined to be in the best |
22 | | interests of the
road district. In each case, the township |
23 | | board or commissioner
may
reject
any and all bids. This notice |
24 | | and competitive bidding procedure shall not be followed
when |
25 | | property is leased to another governmental body.
The notice and
|
26 | | competitive bidding procedure shall not be followed when real |
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1 | | or personal property is declared
surplus by the township board |
2 | | or the highway commissioner and sold to another governmental |
3 | | body.
|
4 | | The township board or the highway commissioner may |
5 | | authorize the sale of personal property by public auction |
6 | | conducted by an auctioneer licensed under the Auction License |
7 | | Act or through an approved Internet auction service. |
8 | | (e) A trade-in of machinery or equipment on new or |
9 | | different machinery or
equipment does not constitute the sale |
10 | | of township or road district property.
|
11 | | (Source: P.A. 97-337, eff. 8-12-11; 98-549, eff. 8-26-13; |
12 | | 98-653, eff. 6-18-14; revised 6-24-14.)
|
13 | | Section 180. The Illinois Municipal Code is amended by |
14 | | changing Sections 10-1-7.1, 10-2.1-6.3, 11-12-5, and |
15 | | 11-74.4-3.5 as follows:
|
16 | | (65 ILCS 5/10-1-7.1) |
17 | | Sec. 10-1-7.1. Original appointments; full-time fire |
18 | | department. |
19 | | (a) Applicability. Unless a commission elects to follow the |
20 | | provisions of Section 10-1-7.2, this Section shall apply to all |
21 | | original appointments to an affected full-time fire |
22 | | department. Existing registers of eligibles shall continue to |
23 | | be valid until their expiration dates, or up to a maximum of 2 |
24 | | years after the effective date of this amendatory Act of the |
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1 | | 97th General Assembly. |
2 | | Notwithstanding any statute, ordinance, rule, or other law |
3 | | to the contrary, all original appointments to an affected |
4 | | department to which this Section applies shall be administered |
5 | | in the manner provided for in this Section. Provisions of the |
6 | | Illinois Municipal Code, municipal ordinances, and rules |
7 | | adopted pursuant to such authority and other laws relating to |
8 | | initial hiring of firefighters in affected departments shall |
9 | | continue to apply to the extent they are compatible with this |
10 | | Section, but in the event of a conflict between this Section |
11 | | and any other law, this Section shall control. |
12 | | A home rule or non-home rule municipality may not |
13 | | administer its fire department process for original |
14 | | appointments in a manner that is less stringent than this |
15 | | Section. This Section is a limitation under subsection (i) of |
16 | | Section 6 of Article VII of the Illinois Constitution on the |
17 | | concurrent exercise by home rule units of the powers and |
18 | | functions exercised by the State. |
19 | | A municipality that is operating under a court order or |
20 | | consent decree regarding original appointments to a full-time |
21 | | fire department before the effective date of this amendatory |
22 | | Act of the 97th General Assembly is exempt from the |
23 | | requirements of this Section for the duration of the court |
24 | | order or consent decree. |
25 | | Notwithstanding any other provision of this subsection |
26 | | (a), this Section does not apply to a municipality with more |
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1 | | than 1,000,000 inhabitants. |
2 | | (b) Original appointments. All original appointments made |
3 | | to an affected fire department shall be made from a register of |
4 | | eligibles established in accordance with the processes |
5 | | established by this Section. Only persons who meet or exceed |
6 | | the performance standards required by this Section shall be |
7 | | placed on a register of eligibles for original appointment to |
8 | | an affected fire department. |
9 | | Whenever an appointing authority authorizes action to hire |
10 | | a person to perform the duties of a firefighter or to hire a |
11 | | firefighter-paramedic to fill a position that is a new position |
12 | | or vacancy due to resignation, discharge, promotion, death, the |
13 | | granting of a disability or retirement pension, or any other |
14 | | cause, the appointing authority shall appoint to that position |
15 | | the person with the highest ranking on the final eligibility |
16 | | list. If the appointing authority has reason to conclude that |
17 | | the highest ranked person fails to meet the minimum standards |
18 | | for the position or if the appointing authority believes an |
19 | | alternate candidate would better serve the needs of the |
20 | | department, then the appointing authority has the right to pass |
21 | | over the highest ranked person and appoint either: (i) any |
22 | | person who has a ranking in the top 5% of the register of |
23 | | eligibles or (ii) any person who is among the top 5 highest |
24 | | ranked persons on the list of eligibles if the number of people |
25 | | who have a ranking in the top 5% of the register of eligibles |
26 | | is less than 5 people. |
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1 | | Any candidate may pass on an appointment once without |
2 | | losing his or her position on the register of eligibles. Any |
3 | | candidate who passes a second time may be removed from the list |
4 | | by the appointing authority provided that such action shall not |
5 | | prejudice a person's opportunities to participate in future |
6 | | examinations, including an examination held during the time a |
7 | | candidate is already on the municipality's register of |
8 | | eligibles. |
9 | | The sole authority to issue certificates of appointment |
10 | | shall be vested in the Civil Service Commission. All |
11 | | certificates of appointment issued to any officer or member of |
12 | | an affected department shall be signed by the chairperson and |
13 | | secretary, respectively, of the commission upon appointment of |
14 | | such officer or member to the affected department by the |
15 | | commission. Each person who accepts a certificate of |
16 | | appointment and successfully completes his or her probationary |
17 | | period shall be enrolled as a firefighter and as a regular |
18 | | member of the fire department. |
19 | | For the purposes of this Section, "firefighter" means any |
20 | | person who has been prior to, on, or after the effective date |
21 | | of this amendatory Act of the 97th General Assembly appointed |
22 | | to a fire department or fire protection district or employed by |
23 | | a State university and sworn or commissioned to perform |
24 | | firefighter duties or paramedic duties, or both, except that |
25 | | the following persons are not included: part-time |
26 | | firefighters; auxiliary, reserve, or voluntary firefighters, |
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1 | | including paid-on-call firefighters; clerks and dispatchers or |
2 | | other civilian employees of a fire department or fire |
3 | | protection district who are not routinely expected to perform |
4 | | firefighter duties; and elected officials. |
5 | | (c) Qualification for placement on register of eligibles. |
6 | | The purpose of establishing a register of eligibles is to |
7 | | identify applicants who possess and demonstrate the mental |
8 | | aptitude and physical ability to perform the duties required of |
9 | | members of the fire department in order to provide the highest |
10 | | quality of service to the public. To this end, all applicants |
11 | | for original appointment to an affected fire department shall |
12 | | be subject to examination and testing which shall be public, |
13 | | competitive, and open to all applicants unless the municipality |
14 | | shall by ordinance limit applicants to residents of the |
15 | | municipality, county or counties in which the municipality is |
16 | | located, State, or nation. Any examination and testing |
17 | | procedure utilized under subsection (e) of this Section shall |
18 | | be supported by appropriate validation evidence and shall |
19 | | comply with all applicable State state and federal laws. |
20 | | Municipalities may establish educational, emergency medical |
21 | | service licensure, and other pre-requisites for participation |
22 | | in an examination or for hire as a firefighter. Any |
23 | | municipality may charge a fee to cover the costs of the |
24 | | application process. |
25 | | Residency requirements in effect at the time an individual |
26 | | enters the fire service of a municipality cannot be made more |
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1 | | restrictive for that individual during his or her period of |
2 | | service for that municipality, or be made a condition of |
3 | | promotion, except for the rank or position of fire chief and |
4 | | for no more than 2 positions that rank immediately below that |
5 | | of the chief rank which are appointed positions pursuant to the |
6 | | Fire Department Promotion Act. |
7 | | No person who is 35 years of age or older shall be eligible |
8 | | to take an examination for a position as a firefighter unless |
9 | | the person has had previous employment status as a firefighter |
10 | | in the regularly constituted fire department of the |
11 | | municipality, except as provided in this Section. The age |
12 | | limitation does not apply to: |
13 | | (1) any person previously employed as a full-time |
14 | | firefighter in a regularly constituted fire department of |
15 | | (i) any municipality or fire protection district located in |
16 | | Illinois, (ii) a fire protection district whose |
17 | | obligations were assumed by a municipality under Section 21 |
18 | | of the Fire Protection District Act, or (iii) a |
19 | | municipality whose obligations were taken over by a fire |
20 | | protection district, or |
21 | | (2) any person who has served a municipality as a |
22 | | regularly enrolled volunteer, paid-on-call, or part-time |
23 | | firefighter for the 5 years immediately preceding the time |
24 | | that the municipality begins to use full-time firefighters |
25 | | to provide all or part of its fire protection service. |
26 | | No person who is under 21 years of age shall be eligible |
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1 | | for employment as a firefighter. |
2 | | No applicant shall be examined concerning his or her |
3 | | political or religious opinions or affiliations. The |
4 | | examinations shall be conducted by the commissioners of the |
5 | | municipality or their designees and agents. |
6 | | No municipality shall require that any firefighter |
7 | | appointed to the lowest rank serve a probationary employment |
8 | | period of longer than one year of actual active employment, |
9 | | which may exclude periods of training, or injury or illness |
10 | | leaves, including duty related leave, in excess of 30 calendar |
11 | | days. Notwithstanding anything to the contrary in this Section, |
12 | | the probationary employment period limitation may be extended |
13 | | for a firefighter who is required, as a condition of |
14 | | employment, to be a licensed paramedic, during which time the |
15 | | sole reason that a firefighter may be discharged without a |
16 | | hearing is for failing to meet the requirements for paramedic |
17 | | licensure. |
18 | | In the event that any applicant who has been found eligible |
19 | | for appointment and whose name has been placed upon the final |
20 | | eligibility register provided for in this Division 1 has not |
21 | | been appointed to a firefighter position within one year after |
22 | | the date of his or her physical ability examination, the |
23 | | commission may cause a second examination to be made of that |
24 | | applicant's physical ability prior to his or her appointment. |
25 | | If, after the second examination, the physical ability of the |
26 | | applicant shall be found to be less than the minimum standard |
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1 | | fixed by the rules of the commission, the applicant shall not |
2 | | be appointed. The applicant's name may be retained upon the |
3 | | register of candidates eligible for appointment and when next |
4 | | reached for certification and appointment that applicant may be |
5 | | again examined as provided in this Section, and if the physical |
6 | | ability of that applicant is found to be less than the minimum |
7 | | standard fixed by the rules of the commission, the applicant |
8 | | shall not be appointed, and the name of the applicant shall be |
9 | | removed from the register. |
10 | | (d) Notice, examination, and testing components. Notice of |
11 | | the time, place, general scope, merit criteria for any |
12 | | subjective component, and fee of every examination shall be |
13 | | given by the commission, by a publication at least 2 weeks |
14 | | preceding the examination: (i) in one or more newspapers |
15 | | published in the municipality, or if no newspaper is published |
16 | | therein, then in one or more newspapers with a general |
17 | | circulation within the municipality, or (ii) on the |
18 | | municipality's Internet website. Additional notice of the |
19 | | examination may be given as the commission shall prescribe. |
20 | | The examination and qualifying standards for employment of |
21 | | firefighters shall be based on: mental aptitude, physical |
22 | | ability, preferences, moral character, and health. The mental |
23 | | aptitude, physical ability, and preference components shall |
24 | | determine an applicant's qualification for and placement on the |
25 | | final register of eligibles. The examination may also include a |
26 | | subjective component based on merit criteria as determined by |
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1 | | the commission. Scores from the examination must be made |
2 | | available to the public. |
3 | | (e) Mental aptitude. No person who does not possess at |
4 | | least a high school diploma or an equivalent high school |
5 | | education shall be placed on a register of eligibles. |
6 | | Examination of an applicant's mental aptitude shall be based |
7 | | upon a written examination. The examination shall be practical |
8 | | in character and relate to those matters that fairly test the |
9 | | capacity of the persons examined to discharge the duties |
10 | | performed by members of a fire department. Written examinations |
11 | | shall be administered in a manner that ensures the security and |
12 | | accuracy of the scores achieved. |
13 | | (f) Physical ability. All candidates shall be required to |
14 | | undergo an examination of their physical ability to perform the |
15 | | essential functions included in the duties they may be called |
16 | | upon to perform as a member of a fire department. For the |
17 | | purposes of this Section, essential functions of the job are |
18 | | functions associated with duties that a firefighter may be |
19 | | called upon to perform in response to emergency calls. The |
20 | | frequency of the occurrence of those duties as part of the fire |
21 | | department's regular routine shall not be a controlling factor |
22 | | in the design of examination criteria or evolutions selected |
23 | | for testing. These physical examinations shall be open, |
24 | | competitive, and based on industry standards designed to test |
25 | | each applicant's physical abilities in the following |
26 | | dimensions: |
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1 | | (1) Muscular strength to perform tasks and evolutions |
2 | | that may be required in the performance of duties including |
3 | | grip strength, leg strength, and arm strength. Tests shall |
4 | | be conducted under anaerobic as well as aerobic conditions |
5 | | to test both the candidate's speed and endurance in |
6 | | performing tasks and evolutions. Tasks tested may be based |
7 | | on standards developed, or approved, by the local |
8 | | appointing authority. |
9 | | (2) The ability to climb ladders, operate from heights, |
10 | | walk or crawl in the dark along narrow and uneven surfaces, |
11 | | and operate in proximity to hazardous environments. |
12 | | (3) The ability to carry out critical, time-sensitive, |
13 | | and complex problem solving during physical exertion in |
14 | | stressful and hazardous environments. The testing |
15 | | environment may be hot and dark with tightly enclosed |
16 | | spaces, flashing lights, sirens, and other distractions. |
17 | | The tests utilized to measure each applicant's
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18 | | capabilities in each of these dimensions may be tests based on
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19 | | industry standards currently in use or equivalent tests |
20 | | approved by the Joint Labor-Management Committee of the Office |
21 | | of the State Fire Marshal. |
22 | | Physical ability examinations administered under this |
23 | | Section shall be conducted with a reasonable number of proctors |
24 | | and monitors, open to the public, and subject to reasonable |
25 | | regulations of the commission. |
26 | | (g) Scoring of examination components. Appointing |
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1 | | authorities may create a preliminary eligibility register. A |
2 | | person shall be placed on the list based upon his or her |
3 | | passage of the written examination or the passage of the |
4 | | written examination and the physical ability component. |
5 | | Passage of the written examination means attaining the minimum |
6 | | score set by the commission. Minimum scores should be set by |
7 | | the commission so as to demonstrate a candidate's ability to |
8 | | perform the essential functions of the job. The minimum score |
9 | | set by the commission shall be supported by appropriate |
10 | | validation evidence and shall comply with all applicable State |
11 | | state and federal laws. The appointing authority may conduct |
12 | | the physical ability component and any subjective components |
13 | | subsequent to the posting of the preliminary eligibility |
14 | | register. |
15 | | The examination components for an initial eligibility |
16 | | register shall be graded on a 100-point scale. A person's |
17 | | position on the list shall be determined by the following: (i)
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18 | | the person's score on the written examination, (ii) the person
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19 | | successfully passing the physical ability component, and (iii) |
20 | | the
person's results on any subjective component as described |
21 | | in
subsection (d). |
22 | | In order to qualify for placement on the final eligibility |
23 | | register, an applicant's score on the written examination, |
24 | | before any applicable preference points or subjective points |
25 | | are applied, shall be at or above the minimum score set by the |
26 | | commission. The local appointing authority may prescribe the |
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1 | | score to qualify for placement on the final eligibility |
2 | | register, but the score shall not be less than the minimum |
3 | | score set by the commission. |
4 | | The commission shall prepare and keep a register of persons |
5 | | whose total score is not less than the minimum score for |
6 | | passage and who have passed the physical ability examination. |
7 | | These persons shall take rank upon the register as candidates |
8 | | in the order of their relative excellence based on the highest |
9 | | to the lowest total points scored on the mental aptitude, |
10 | | subjective component, and preference components of the test |
11 | | administered in accordance with this Section. No more than 60 |
12 | | days after each examination, an initial eligibility list shall |
13 | | be posted by the commission. The list shall include the final |
14 | | grades of the candidates without reference to priority of the |
15 | | time of examination and subject to claim for preference credit. |
16 | | Commissions may conduct additional examinations, including |
17 | | without limitation a polygraph test, after a final eligibility |
18 | | register is established and before it expires with the |
19 | | candidates ranked by total score without regard to date of |
20 | | examination. No more than 60 days after each examination, an |
21 | | initial eligibility list shall be posted by the commission |
22 | | showing the final grades of the candidates without reference to |
23 | | priority of time of examination and subject to claim for |
24 | | preference credit. |
25 | | (h) Preferences. The following are preferences: |
26 | | (1) Veteran preference. Persons who were engaged in the |
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1 | | military service of the United States for a period of at |
2 | | least one year of active duty and who were honorably |
3 | | discharged therefrom, or who are now or have been members |
4 | | on inactive or reserve duty in such military or naval |
5 | | service, shall be preferred for appointment to and |
6 | | employment with the fire department of an affected |
7 | | department. |
8 | | (2) Fire cadet preference. Persons who have |
9 | | successfully completed 2 years of study in fire techniques |
10 | | or cadet training within a cadet program established under |
11 | | the rules of the Joint Labor and Management Committee |
12 | | (JLMC), as defined in Section 50 of the Fire Department |
13 | | Promotion Act, may be preferred for appointment to and |
14 | | employment with the fire department. |
15 | | (3) Educational preference. Persons who have |
16 | | successfully obtained an associate's degree in the field of |
17 | | fire service or emergency medical services, or a bachelor's |
18 | | degree from an accredited college or university may be |
19 | | preferred for appointment to and employment with the fire |
20 | | department. |
21 | | (4) Paramedic preference. Persons who have obtained a |
22 | | license as a paramedic may be preferred for appointment to |
23 | | and employment with the fire department of an affected |
24 | | department providing emergency medical services. |
25 | | (5) Experience preference. All persons employed by a |
26 | | municipality who have been paid-on-call or part-time |
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1 | | certified Firefighter II, certified Firefighter III, State |
2 | | of Illinois or nationally licensed EMT, EMT-I, A-EMT, or |
3 | | paramedic, or any combination of those capacities may be |
4 | | awarded up to a maximum of 5 points. However, the applicant |
5 | | may not be awarded more than 0.5 points for each complete |
6 | | year of paid-on-call or part-time service. Applicants from |
7 | | outside the municipality who were employed as full-time |
8 | | firefighters or firefighter-paramedics by a fire |
9 | | protection district or another municipality may be awarded |
10 | | up to 5 experience preference points. However, the |
11 | | applicant may not be awarded more than one point for each |
12 | | complete year of full-time service. |
13 | | Upon request by the commission, the governing body of |
14 | | the municipality or in the case of applicants from outside |
15 | | the municipality the governing body of any fire protection |
16 | | district or any other municipality shall certify to the |
17 | | commission, within 10 days after the request, the number of |
18 | | years of successful paid-on-call, part-time, or full-time |
19 | | service of any person. A candidate may not receive the full |
20 | | amount of preference points under this subsection if the |
21 | | amount of points awarded would place the candidate before a |
22 | | veteran on the eligibility list. If more than one candidate |
23 | | receiving experience preference points is prevented from |
24 | | receiving all of their points due to not being allowed to |
25 | | pass a veteran, the candidates shall be placed on the list |
26 | | below the veteran in rank order based on the totals |
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1 | | received if all points under this subsection were to be |
2 | | awarded. Any remaining ties on the list shall be determined |
3 | | by lot. |
4 | | (6) Residency preference. Applicants whose principal |
5 | | residence is located within the fire department's |
6 | | jurisdiction may be preferred for appointment to and |
7 | | employment with the fire department. |
8 | | (7) Additional preferences. Up to 5 additional |
9 | | preference points may be awarded for unique categories |
10 | | based on an applicant's experience or background as |
11 | | identified by the commission. |
12 | | (8) Scoring of preferences. The commission shall give |
13 | | preference for original appointment to persons designated |
14 | | in item (1)
by adding to the final grade that they receive |
15 | | 5 points
for the recognized preference achieved. The |
16 | | commission shall determine the number of preference points |
17 | | for each category except (1). The number of preference |
18 | | points for each category shall range from 0 to 5. In |
19 | | determining the number of preference points, the |
20 | | commission shall prescribe that if a candidate earns the |
21 | | maximum number of preference points in all categories, that |
22 | | number may not be less than 10 nor more than 30. The |
23 | | commission shall give preference for original appointment |
24 | | to persons designated in items (2) through (7) by adding |
25 | | the requisite number of points to the final grade for each |
26 | | recognized preference achieved. The numerical result thus |
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1 | | attained shall be applied by the commission in determining |
2 | | the final eligibility list and appointment from the |
3 | | eligibility list. The local appointing authority may |
4 | | prescribe the total number of preference points awarded |
5 | | under this Section, but the total number of preference |
6 | | points shall not be less than 10 points or more than 30 |
7 | | points. |
8 | | No person entitled to any preference shall be required to |
9 | | claim the credit before any examination held under the |
10 | | provisions of this Section, but the preference shall be given |
11 | | after the posting or publication of the initial eligibility |
12 | | list or register at the request of a person entitled to a |
13 | | credit before any certification or appointments are made from |
14 | | the eligibility register, upon the furnishing of verifiable |
15 | | evidence and proof of qualifying preference credit. Candidates |
16 | | who are eligible for preference credit shall make a claim in |
17 | | writing within 10 days after the posting of the initial |
18 | | eligibility list, or the claim shall be deemed waived. Final |
19 | | eligibility registers shall be established after the awarding |
20 | | of verified preference points. All employment shall be subject |
21 | | to the commission's initial hire background review including, |
22 | | but not limited to, criminal history, employment history, moral |
23 | | character, oral examination, and medical and psychological |
24 | | examinations, all on a pass-fail basis. The medical and |
25 | | psychological examinations must be conducted last, and may only |
26 | | be performed after a conditional offer of employment has been |
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1 | | extended. |
2 | | Any person placed on an eligibility list who exceeds the |
3 | | age requirement before being appointed to a fire department |
4 | | shall remain eligible for appointment until the list is |
5 | | abolished, or his or her name has been on the list for a period |
6 | | of 2 years. No person who has attained the age of 35 years |
7 | | shall be inducted into a fire department, except as otherwise |
8 | | provided in this Section. |
9 | | The commission shall strike off the names of candidates for |
10 | | original appointment after the names have been on the list for |
11 | | more than 2 years. |
12 | | (i) Moral character. No person shall be appointed to a fire |
13 | | department unless he or she is a person of good character; not |
14 | | a habitual drunkard, a gambler, or a person who has been |
15 | | convicted of a felony or a crime involving moral turpitude. |
16 | | However, no person shall be disqualified from appointment to |
17 | | the fire department because of the person's record of |
18 | | misdemeanor convictions except those under Sections 11-6, |
19 | | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, |
20 | | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
21 | | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections |
22 | | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the |
23 | | Criminal Code of 2012, or arrest for any cause without |
24 | | conviction thereon. Any such person who is in the department |
25 | | may be removed on charges brought for violating this subsection |
26 | | and after a trial as hereinafter provided. |
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1 | | A classifiable set of the fingerprints of every person who |
2 | | is offered employment as a certificated member of an affected |
3 | | fire department whether with or without compensation, shall be |
4 | | furnished to the Illinois Department of State Police and to the |
5 | | Federal Bureau of Investigation by the commission. |
6 | | Whenever a commission is authorized or required by law to |
7 | | consider some aspect of criminal history record information for |
8 | | the purpose of carrying out its statutory powers and |
9 | | responsibilities, then, upon request and payment of fees in |
10 | | conformance with the requirements of Section 2605-400 of the |
11 | | State Police Law of the Civil Administrative Code of Illinois, |
12 | | the Department of State Police is authorized to furnish, |
13 | | pursuant to positive identification, the information contained |
14 | | in State files as is necessary to fulfill the request. |
15 | | (j) Temporary appointments. In order to prevent a stoppage |
16 | | of public business, to meet extraordinary exigencies, or to |
17 | | prevent material impairment of the fire department, the |
18 | | commission may make temporary appointments, to remain in force |
19 | | only until regular appointments are made under the provisions |
20 | | of this Division, but never to exceed 60 days. No temporary |
21 | | appointment of any one person shall be made more than twice in |
22 | | any calendar year. |
23 | | (k) A person who knowingly divulges or receives test |
24 | | questions or answers before a written examination, or otherwise |
25 | | knowingly violates or subverts any requirement of this Section, |
26 | | commits a violation of this Section and may be subject to |
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1 | | charges for official misconduct. |
2 | | A person who is the knowing recipient of test information |
3 | | in advance of the examination shall be disqualified from the |
4 | | examination or discharged from the position to which he or she |
5 | | was appointed, as applicable, and otherwise subjected to |
6 | | disciplinary actions.
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7 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; |
8 | | 97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff. |
9 | | 8-15-14; revised 10-2-14.)
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10 | | (65 ILCS 5/10-2.1-6.3) |
11 | | Sec. 10-2.1-6.3. Original appointments; full-time fire |
12 | | department. |
13 | | (a) Applicability. Unless a commission elects to follow the |
14 | | provisions of Section 10-2.1-6.4, this Section shall apply to |
15 | | all original appointments to an affected full-time fire |
16 | | department. Existing registers of eligibles shall continue to |
17 | | be valid until their expiration dates, or up to a maximum of 2 |
18 | | years after the effective date of this amendatory Act of the |
19 | | 97th General Assembly. |
20 | | Notwithstanding any statute, ordinance, rule, or other law |
21 | | to the contrary, all original appointments to an affected |
22 | | department to which this Section applies shall be administered |
23 | | in the manner provided for in this Section. Provisions of the |
24 | | Illinois Municipal Code, municipal ordinances, and rules |
25 | | adopted pursuant to such authority and other laws relating to |
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1 | | initial hiring of firefighters in affected departments shall |
2 | | continue to apply to the extent they are compatible with this |
3 | | Section, but in the event of a conflict between this Section |
4 | | and any other law, this Section shall control. |
5 | | A home rule or non-home rule municipality may not |
6 | | administer its fire department process for original |
7 | | appointments in a manner that is less stringent than this |
8 | | Section. This Section is a limitation under subsection (i) of |
9 | | Section 6 of Article VII of the Illinois Constitution on the |
10 | | concurrent exercise by home rule units of the powers and |
11 | | functions exercised by the State. |
12 | | A municipality that is operating under a court order or |
13 | | consent decree regarding original appointments to a full-time |
14 | | fire department before the effective date of this amendatory |
15 | | Act of the 97th General Assembly is exempt from the |
16 | | requirements of this Section for the duration of the court |
17 | | order or consent decree. |
18 | | Notwithstanding any other provision of this subsection |
19 | | (a), this Section does not apply to a municipality with more |
20 | | than 1,000,000 inhabitants. |
21 | | (b) Original appointments. All original appointments made |
22 | | to an affected fire department shall be made from a register of |
23 | | eligibles established in accordance with the processes |
24 | | established by this Section. Only persons who meet or exceed |
25 | | the performance standards required by this Section shall be |
26 | | placed on a register of eligibles for original appointment to |
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1 | | an affected fire department. |
2 | | Whenever an appointing authority authorizes action to hire |
3 | | a person to perform the duties of a firefighter or to hire a |
4 | | firefighter-paramedic to fill a position that is a new position |
5 | | or vacancy due to resignation, discharge, promotion, death, the |
6 | | granting of a disability or retirement pension, or any other |
7 | | cause, the appointing authority shall appoint to that position |
8 | | the person with the highest ranking on the final eligibility |
9 | | list. If the appointing authority has reason to conclude that |
10 | | the highest ranked person fails to meet the minimum standards |
11 | | for the position or if the appointing authority believes an |
12 | | alternate candidate would better serve the needs of the |
13 | | department, then the appointing authority has the right to pass |
14 | | over the highest ranked person and appoint either: (i) any |
15 | | person who has a ranking in the top 5% of the register of |
16 | | eligibles or (ii) any person who is among the top 5 highest |
17 | | ranked persons on the list of eligibles if the number of people |
18 | | who have a ranking in the top 5% of the register of eligibles |
19 | | is less than 5 people. |
20 | | Any candidate may pass on an appointment once without |
21 | | losing his or her position on the register of eligibles. Any |
22 | | candidate who passes a second time may be removed from the list |
23 | | by the appointing authority provided that such action shall not |
24 | | prejudice a person's opportunities to participate in future |
25 | | examinations, including an examination held during the time a |
26 | | candidate is already on the municipality's register of |
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1 | | eligibles. |
2 | | The sole authority to issue certificates of appointment |
3 | | shall be vested in the board of fire and police commissioners. |
4 | | All certificates of appointment issued to any officer or member |
5 | | of an affected department shall be signed by the chairperson |
6 | | and secretary, respectively, of the board upon appointment of |
7 | | such officer or member to the affected department by action of |
8 | | the board. Each person who accepts a certificate of appointment |
9 | | and successfully completes his or her probationary period shall |
10 | | be enrolled as a firefighter and as a regular member of the |
11 | | fire department. |
12 | | For the purposes of this Section, "firefighter" means any |
13 | | person who has been prior to, on, or after the effective date |
14 | | of this amendatory Act of the 97th General Assembly appointed |
15 | | to a fire department or fire protection district or employed by |
16 | | a State university and sworn or commissioned to perform |
17 | | firefighter duties or paramedic duties, or both, except that |
18 | | the following persons are not included: part-time |
19 | | firefighters; auxiliary, reserve, or voluntary firefighters, |
20 | | including paid-on-call firefighters; clerks and dispatchers or |
21 | | other civilian employees of a fire department or fire |
22 | | protection district who are not routinely expected to perform |
23 | | firefighter duties; and elected officials. |
24 | | (c) Qualification for placement on register of eligibles. |
25 | | The purpose of establishing a register of eligibles is to |
26 | | identify applicants who possess and demonstrate the mental |
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1 | | aptitude and physical ability to perform the duties required of |
2 | | members of the fire department in order to provide the highest |
3 | | quality of service to the public. To this end, all applicants |
4 | | for original appointment to an affected fire department shall |
5 | | be subject to examination and testing which shall be public, |
6 | | competitive, and open to all applicants unless the municipality |
7 | | shall by ordinance limit applicants to residents of the |
8 | | municipality, county or counties in which the municipality is |
9 | | located, State, or nation. Any examination and testing |
10 | | procedure utilized under subsection (e) of this Section shall |
11 | | be supported by appropriate validation evidence and shall |
12 | | comply with all applicable State state and federal laws. |
13 | | Municipalities may establish educational, emergency medical |
14 | | service licensure, and other pre-requisites for participation |
15 | | in an examination or for hire as a firefighter. Any |
16 | | municipality may charge a fee to cover the costs of the |
17 | | application process. |
18 | | Residency requirements in effect at the time an individual |
19 | | enters the fire service of a municipality cannot be made more |
20 | | restrictive for that individual during his or her period of |
21 | | service for that municipality, or be made a condition of |
22 | | promotion, except for the rank or position of fire chief and |
23 | | for no more than 2 positions that rank immediately below that |
24 | | of the chief rank which are appointed positions pursuant to the |
25 | | Fire Department Promotion Act. |
26 | | No person who is 35 years of age or older shall be eligible |
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1 | | to take an examination for a position as a firefighter unless |
2 | | the person has had previous employment status as a firefighter |
3 | | in the regularly constituted fire department of the |
4 | | municipality, except as provided in this Section. The age |
5 | | limitation does not apply to: |
6 | | (1) any person previously employed as a full-time |
7 | | firefighter in a regularly constituted fire department of |
8 | | (i) any municipality or fire protection district located in |
9 | | Illinois, (ii) a fire protection district whose |
10 | | obligations were assumed by a municipality under Section 21 |
11 | | of the Fire Protection District Act, or (iii) a |
12 | | municipality whose obligations were taken over by a fire |
13 | | protection district, or |
14 | | (2) any person who has served a municipality as a |
15 | | regularly enrolled volunteer, paid-on-call, or part-time |
16 | | firefighter for the 5 years immediately preceding the time |
17 | | that the municipality begins to use full-time firefighters |
18 | | to provide all or part of its fire protection service. |
19 | | No person who is under 21 years of age shall be eligible |
20 | | for employment as a firefighter. |
21 | | No applicant shall be examined concerning his or her |
22 | | political or religious opinions or affiliations. The |
23 | | examinations shall be conducted by the commissioners of the |
24 | | municipality or their designees and agents. |
25 | | No municipality shall require that any firefighter |
26 | | appointed to the lowest rank serve a probationary employment |
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1 | | period of longer than one year of actual active employment, |
2 | | which may exclude periods of training, or injury or illness |
3 | | leaves, including duty related leave, in excess of 30 calendar |
4 | | days. Notwithstanding anything to the contrary in this Section, |
5 | | the probationary employment period limitation may be extended |
6 | | for a firefighter who is required, as a condition of |
7 | | employment, to be a licensed paramedic, during which time the |
8 | | sole reason that a firefighter may be discharged without a |
9 | | hearing is for failing to meet the requirements for paramedic |
10 | | licensure. |
11 | | In the event that any applicant who has been found eligible |
12 | | for appointment and whose name has been placed upon the final |
13 | | eligibility register provided for in this Section has not been |
14 | | appointed to a firefighter position within one year after the |
15 | | date of his or her physical ability examination, the commission |
16 | | may cause a second examination to be made of that applicant's |
17 | | physical ability prior to his or her appointment. If, after the |
18 | | second examination, the physical ability of the applicant shall |
19 | | be found to be less than the minimum standard fixed by the |
20 | | rules of the commission, the applicant shall not be appointed. |
21 | | The applicant's name may be retained upon the register of |
22 | | candidates eligible for appointment and when next reached for |
23 | | certification and appointment that applicant may be again |
24 | | examined as provided in this Section, and if the physical |
25 | | ability of that applicant is found to be less than the minimum |
26 | | standard fixed by the rules of the commission, the applicant |
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1 | | shall not be appointed, and the name of the applicant shall be |
2 | | removed from the register. |
3 | | (d) Notice, examination, and testing components. Notice of |
4 | | the time, place, general scope, merit criteria for any |
5 | | subjective component, and fee of every examination shall be |
6 | | given by the commission, by a publication at least 2 weeks |
7 | | preceding the examination: (i) in one or more newspapers |
8 | | published in the municipality, or if no newspaper is published |
9 | | therein, then in one or more newspapers with a general |
10 | | circulation within the municipality, or (ii) on the |
11 | | municipality's Internet website. Additional notice of the |
12 | | examination may be given as the commission shall prescribe. |
13 | | The examination and qualifying standards for employment of |
14 | | firefighters shall be based on: mental aptitude, physical |
15 | | ability, preferences, moral character, and health. The mental |
16 | | aptitude, physical ability, and preference components shall |
17 | | determine an applicant's qualification for and placement on the |
18 | | final register of eligibles. The examination may also include a |
19 | | subjective component based on merit criteria as determined by |
20 | | the commission. Scores from the examination must be made |
21 | | available to the public. |
22 | | (e) Mental aptitude. No person who does not possess at |
23 | | least a high school diploma or an equivalent high school |
24 | | education shall be placed on a register of eligibles. |
25 | | Examination of an applicant's mental aptitude shall be based |
26 | | upon a written examination. The examination shall be practical |
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1 | | in character and relate to those matters that fairly test the |
2 | | capacity of the persons examined to discharge the duties |
3 | | performed by members of a fire department. Written examinations |
4 | | shall be administered in a manner that ensures the security and |
5 | | accuracy of the scores achieved. |
6 | | (f) Physical ability. All candidates shall be required to |
7 | | undergo an examination of their physical ability to perform the |
8 | | essential functions included in the duties they may be called |
9 | | upon to perform as a member of a fire department. For the |
10 | | purposes of this Section, essential functions of the job are |
11 | | functions associated with duties that a firefighter may be |
12 | | called upon to perform in response to emergency calls. The |
13 | | frequency of the occurrence of those duties as part of the fire |
14 | | department's regular routine shall not be a controlling factor |
15 | | in the design of examination criteria or evolutions selected |
16 | | for testing. These physical examinations shall be open, |
17 | | competitive, and based on industry standards designed to test |
18 | | each applicant's physical abilities in the following |
19 | | dimensions: |
20 | | (1) Muscular strength to perform tasks and evolutions |
21 | | that may be required in the performance of duties including |
22 | | grip strength, leg strength, and arm strength. Tests shall |
23 | | be conducted under anaerobic as well as aerobic conditions |
24 | | to test both the candidate's speed and endurance in |
25 | | performing tasks and evolutions. Tasks tested may be based |
26 | | on standards developed, or approved, by the local |
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1 | | appointing authority. |
2 | | (2) The ability to climb ladders, operate from heights, |
3 | | walk or crawl in the dark along narrow and uneven surfaces, |
4 | | and operate in proximity to hazardous environments. |
5 | | (3) The ability to carry out critical, time-sensitive, |
6 | | and complex problem solving during physical exertion in |
7 | | stressful and hazardous environments. The testing |
8 | | environment may be hot and dark with tightly enclosed |
9 | | spaces, flashing lights, sirens, and other distractions. |
10 | | The tests utilized to measure each applicant's
|
11 | | capabilities in each of these dimensions may be tests based on
|
12 | | industry standards currently in use or equivalent tests |
13 | | approved by the Joint Labor-Management Committee of the Office |
14 | | of the State Fire Marshal. |
15 | | Physical ability examinations administered under this |
16 | | Section shall be conducted with a reasonable number of proctors |
17 | | and monitors, open to the public, and subject to reasonable |
18 | | regulations of the commission. |
19 | | (g) Scoring of examination components. Appointing |
20 | | authorities may create a preliminary eligibility register. A |
21 | | person shall be placed on the list based upon his or her |
22 | | passage of the written examination or the passage of the |
23 | | written examination and the physical ability component. |
24 | | Passage of the written examination means attaining the minimum |
25 | | score set by the commission. Minimum scores should be set by |
26 | | the commission so as to demonstrate a candidate's ability to |
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1 | | perform the essential functions of the job. The minimum score |
2 | | set by the commission shall be supported by appropriate |
3 | | validation evidence and shall comply with all applicable State |
4 | | state and federal laws. The appointing authority may conduct |
5 | | the physical ability component and any subjective components |
6 | | subsequent to the posting of the preliminary eligibility |
7 | | register. |
8 | | The examination components for an initial eligibility |
9 | | register shall be graded on a 100-point scale. A person's |
10 | | position on the list shall be determined by the following: (i)
|
11 | | the person's score on the written examination, (ii) the person
|
12 | | successfully passing the physical ability component, and (iii) |
13 | | the
person's results on any subjective component as described |
14 | | in
subsection (d). |
15 | | In order to qualify for placement on the final eligibility |
16 | | register, an applicant's score on the written examination, |
17 | | before any applicable preference points or subjective points |
18 | | are applied, shall be at or above the minimum score as set by |
19 | | the commission. The local appointing authority may prescribe |
20 | | the score to qualify for placement on the final eligibility |
21 | | register, but the score shall not be less than the minimum |
22 | | score set by the commission. |
23 | | The commission shall prepare and keep a register of persons |
24 | | whose total score is not less than the minimum score for |
25 | | passage and who have passed the physical ability examination. |
26 | | These persons shall take rank upon the register as candidates |
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1 | | in the order of their relative excellence based on the highest |
2 | | to the lowest total points scored on the mental aptitude, |
3 | | subjective component, and preference components of the test |
4 | | administered in accordance with this Section. No more than 60 |
5 | | days after each examination, an initial eligibility list shall |
6 | | be posted by the commission. The list shall include the final |
7 | | grades of the candidates without reference to priority of the |
8 | | time of examination and subject to claim for preference credit. |
9 | | Commissions may conduct additional examinations, including |
10 | | without limitation a polygraph test, after a final eligibility |
11 | | register is established and before it expires with the |
12 | | candidates ranked by total score without regard to date of |
13 | | examination. No more than 60 days after each examination, an |
14 | | initial eligibility list shall be posted by the commission |
15 | | showing the final grades of the candidates without reference to |
16 | | priority of time of examination and subject to claim for |
17 | | preference credit. |
18 | | (h) Preferences. The following are preferences: |
19 | | (1) Veteran preference. Persons who were engaged in the |
20 | | military service of the United States for a period of at |
21 | | least one year of active duty and who were honorably |
22 | | discharged therefrom, or who are now or have been members |
23 | | on inactive or reserve duty in such military or naval |
24 | | service, shall be preferred for appointment to and |
25 | | employment with the fire department of an affected |
26 | | department. |
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1 | | (2) Fire cadet preference. Persons who have |
2 | | successfully completed 2 years of study in fire techniques |
3 | | or cadet training within a cadet program established under |
4 | | the rules of the Joint Labor and Management Committee |
5 | | (JLMC), as defined in Section 50 of the Fire Department |
6 | | Promotion Act, may be preferred for appointment to and |
7 | | employment with the fire department. |
8 | | (3) Educational preference. Persons who have |
9 | | successfully obtained an associate's degree in the field of |
10 | | fire service or emergency medical services, or a bachelor's |
11 | | degree from an accredited college or university may be |
12 | | preferred for appointment to and employment with the fire |
13 | | department. |
14 | | (4) Paramedic preference. Persons who have obtained a |
15 | | license as a paramedic shall be preferred for appointment |
16 | | to and employment with the fire department of an affected |
17 | | department providing emergency medical services. |
18 | | (5) Experience preference. All persons employed by a |
19 | | municipality who have been paid-on-call or part-time |
20 | | certified Firefighter II, State of Illinois or nationally |
21 | | licensed EMT, EMT-I, A-EMT, or any combination of those |
22 | | capacities shall be awarded 0.5 point for each year of |
23 | | successful service in one or more of those capacities, up |
24 | | to a maximum of 5 points. Certified Firefighter III and |
25 | | State of Illinois or nationally licensed paramedics shall |
26 | | be awarded one point per year up to a maximum of 5 points. |
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1 | | Applicants from outside the municipality who were employed |
2 | | as full-time firefighters or firefighter-paramedics by a |
3 | | fire protection district or another municipality for at |
4 | | least 2 years shall be awarded 5 experience preference |
5 | | points. These additional points presuppose a rating scale |
6 | | totaling 100 points available for the eligibility list. If |
7 | | more or fewer points are used in the rating scale for the |
8 | | eligibility list, the points awarded under this subsection |
9 | | shall be increased or decreased by a factor equal to the |
10 | | total possible points available for the examination |
11 | | divided by 100. |
12 | | Upon request by the commission, the governing body of |
13 | | the municipality or in the case of applicants from outside |
14 | | the municipality the governing body of any fire protection |
15 | | district or any other municipality shall certify to the |
16 | | commission, within 10 days after the request, the number of |
17 | | years of successful paid-on-call, part-time, or full-time |
18 | | service of any person. A candidate may not receive the full |
19 | | amount of preference points under this subsection if the |
20 | | amount of points awarded would place the candidate before a |
21 | | veteran on the eligibility list. If more than one candidate |
22 | | receiving experience preference points is prevented from |
23 | | receiving all of their points due to not being allowed to |
24 | | pass a veteran, the candidates shall be placed on the list |
25 | | below the veteran in rank order based on the totals |
26 | | received if all points under this subsection were to be |
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1 | | awarded. Any remaining ties on the list shall be determined |
2 | | by lot. |
3 | | (6) Residency preference. Applicants whose principal |
4 | | residence is located within the fire department's |
5 | | jurisdiction shall be preferred for appointment to and |
6 | | employment with the fire department. |
7 | | (7) Additional preferences. Up to 5 additional |
8 | | preference points may be awarded for unique categories |
9 | | based on an applicant's experience or background as |
10 | | identified by the commission. |
11 | | (8) Scoring of preferences. The commission shall give |
12 | | preference for original appointment
to persons designated |
13 | | in item (1)
by adding to the final grade that they receive |
14 | | 5 points
for the recognized preference achieved. The |
15 | | commission shall determine the number of preference points |
16 | | for each category except (1). The number of preference |
17 | | points for each category shall range from 0 to 5. In |
18 | | determining the number of preference points, the |
19 | | commission shall prescribe that if a candidate earns the |
20 | | maximum number of preference points in all categories, that |
21 | | number may not be less than 10 nor more than 30. The |
22 | | commission shall give preference for original appointment |
23 | | to persons designated in items (2) through (7) by adding |
24 | | the requisite number of points to the final grade for each |
25 | | recognized preference achieved. The numerical result thus |
26 | | attained shall be applied by the commission in determining |
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1 | | the final eligibility list and appointment from the |
2 | | eligibility list. The local appointing authority may |
3 | | prescribe the total number of preference points awarded |
4 | | under this Section, but the total number of preference |
5 | | points shall not be less than 10 points or more than 30 |
6 | | points. |
7 | | No person entitled to any preference shall be required to |
8 | | claim the credit before any examination held under the |
9 | | provisions of this Section, but the preference shall be given |
10 | | after the posting or publication of the initial eligibility |
11 | | list or register at the request of a person entitled to a |
12 | | credit before any certification or appointments are made from |
13 | | the eligibility register, upon the furnishing of verifiable |
14 | | evidence and proof of qualifying preference credit. Candidates |
15 | | who are eligible for preference credit shall make a claim in |
16 | | writing within 10 days after the posting of the initial |
17 | | eligibility list, or the claim shall be deemed waived. Final |
18 | | eligibility registers shall be established after the awarding |
19 | | of verified preference points. All employment shall be subject |
20 | | to the commission's initial hire background review including, |
21 | | but not limited to, criminal history, employment history, moral |
22 | | character, oral examination, and medical and psychological |
23 | | examinations, all on a pass-fail basis. The medical and |
24 | | psychological examinations must be conducted last, and may only |
25 | | be performed after a conditional offer of employment has been |
26 | | extended. |
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1 | | Any person placed on an eligibility list who exceeds the |
2 | | age requirement before being appointed to a fire department |
3 | | shall remain eligible for appointment until the list is |
4 | | abolished, or his or her name has been on the list for a period |
5 | | of 2 years. No person who has attained the age of 35 years |
6 | | shall be inducted into a fire department, except as otherwise |
7 | | provided in this Section. |
8 | | The commission shall strike off the names of candidates for |
9 | | original appointment after the names have been on the list for |
10 | | more than 2 years. |
11 | | (i) Moral character. No person shall be appointed to a fire |
12 | | department unless he or she is a person of good character; not |
13 | | a habitual drunkard, a gambler, or a person who has been |
14 | | convicted of a felony or a crime involving moral turpitude. |
15 | | However, no person shall be disqualified from appointment to |
16 | | the fire department because of the person's record of |
17 | | misdemeanor convictions except those under Sections 11-6, |
18 | | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, |
19 | | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
20 | | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections |
21 | | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the |
22 | | Criminal Code of 2012, or arrest for any cause without |
23 | | conviction thereon. Any such person who is in the department |
24 | | may be removed on charges brought for violating this subsection |
25 | | and after a trial as hereinafter provided. |
26 | | A classifiable set of the fingerprints of every person who |
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1 | | is offered employment as a certificated member of an affected |
2 | | fire department whether with or without compensation, shall be |
3 | | furnished to the Illinois Department of State Police and to the |
4 | | Federal Bureau of Investigation by the commission. |
5 | | Whenever a commission is authorized or required by law to |
6 | | consider some aspect of criminal history record information for |
7 | | the purpose of carrying out its statutory powers and |
8 | | responsibilities, then, upon request and payment of fees in |
9 | | conformance with the requirements of Section 2605-400 of the |
10 | | State Police Law of the Civil Administrative Code of Illinois, |
11 | | the Department of State Police is authorized to furnish, |
12 | | pursuant to positive identification, the information contained |
13 | | in State files as is necessary to fulfill the request. |
14 | | (j) Temporary appointments. In order to prevent a stoppage |
15 | | of public business, to meet extraordinary exigencies, or to |
16 | | prevent material impairment of the fire department, the |
17 | | commission may make temporary appointments, to remain in force |
18 | | only until regular appointments are made under the provisions |
19 | | of this Division, but never to exceed 60 days. No temporary |
20 | | appointment of any one person shall be made more than twice in |
21 | | any calendar year. |
22 | | (k) A person who knowingly divulges or receives test |
23 | | questions or answers before a written examination, or otherwise |
24 | | knowingly violates or subverts any requirement of this Section, |
25 | | commits a violation of this Section and may be subject to |
26 | | charges for official misconduct. |
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1 | | A person who is the knowing recipient of test information |
2 | | in advance of the examination shall be disqualified from the |
3 | | examination or discharged from the position to which he or she |
4 | | was appointed, as applicable, and otherwise subjected to |
5 | | disciplinary actions.
|
6 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; |
7 | | 97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff. |
8 | | 8-15-14, revised 10-2-14.)
|
9 | | (65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
|
10 | | Sec. 11-12-5.
Every plan commission and planning |
11 | | department authorized by
this Division 12 has the following |
12 | | powers and whenever in this Division 12
the term plan |
13 | | commission is used such term shall be deemed to include the
|
14 | | term planning department:
|
15 | | (1) To prepare and recommend to the corporate |
16 | | authorities a
comprehensive plan for the present and future |
17 | | development or redevelopment
of the municipality. Such |
18 | | plan may be adopted in whole or in separate
geographical or |
19 | | functional parts, each of which, when adopted, shall be the
|
20 | | official comprehensive plan, or part thereof, of that |
21 | | municipality. This
plan may include reasonable |
22 | | requirements with reference to streets, alleys,
public |
23 | | grounds, and other improvements hereinafter specified. The |
24 | | plan, as
recommended by the plan commission and as |
25 | | thereafter adopted in any
municipality in this state, may |
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1 | | be made applicable, by the terms thereof,
to land situated |
2 | | within the corporate limits and contiguous territory not
|
3 | | more than one and one-half miles beyond the corporate |
4 | | limits and not
included in any municipality. Such plan may |
5 | | be implemented by ordinances
(a) establishing reasonable |
6 | | standards of design for subdivisions and for
|
7 | | resubdivisions of unimproved land and of areas subject to |
8 | | redevelopment in
respect to public improvements as herein |
9 | | defined; (b) establishing
reasonable requirements |
10 | | governing the location, width, course, and
surfacing of |
11 | | public streets and highways, alleys, ways for public |
12 | | service
facilities, curbs, gutters, sidewalks, street |
13 | | lights, parks, playgrounds,
school grounds, size of lots to |
14 | | be used for residential purposes, storm
water drainage, |
15 | | water supply and distribution, sanitary sewers, and sewage
|
16 | | collection and treatment; and (c) may designate land |
17 | | suitable for
annexation to the municipality and the |
18 | | recommended zoning classification
for such land upon |
19 | | annexation.
|
20 | | (2) To recommend changes, from time to time, in the |
21 | | official
comprehensive plan.
|
22 | | (3) To prepare and recommend to the corporate |
23 | | authorities, from time to
time, plans for specific |
24 | | improvements in pursuance of the official
comprehensive |
25 | | plan.
|
26 | | (4) To give aid to the municipal officials charged with |
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1 | | the direction of
projects for improvements embraced within |
2 | | the official plan, to further the
making of these projects, |
3 | | and, generally, to promote the realization of the
official |
4 | | comprehensive plan.
|
5 | | (5) To prepare and recommend to the corporate |
6 | | authorities schemes for
regulating or forbidding |
7 | | structures or activities which may hinder access
to solar |
8 | | energy necessary for the proper functioning of solar energy |
9 | | systems,
as defined in Section 1.2 of The Comprehensive |
10 | | Solar Energy Act of 1977,
or to recommend changes in such |
11 | | schemes.
|
12 | | (6) To exercise such other powers germane to the powers |
13 | | granted by this
article as may be conferred by the |
14 | | corporate authorities.
|
15 | | (7) For purposes of implementing ordinances regarding |
16 | | developer
donations
or
impact fees,
and specifically for |
17 | | expenditures thereof,
"school grounds" is defined as including |
18 | | land or site
improvements,
which include
school buildings or |
19 | | other infrastructure, including technological infrastructure, |
20 | | necessitated and specifically and
uniquely attributed to the
|
21 | | development or subdivision in question. This amendatory Act of |
22 | | the 93rd
General Assembly applies to all impact fees or |
23 | | developer donations paid into a
school district or held in a |
24 | | separate account or escrow fund by any school
district
or |
25 | | municipality for a school district.
|
26 | | (Source: P.A. 98-741, eff. 1-1-15; revised 12-1-14.)
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1 | | (65 ILCS 5/11-74.4-3.5)
|
2 | | Sec. 11-74.4-3.5. Completion dates for redevelopment |
3 | | projects. |
4 | | (a) Unless otherwise stated in this Section, the estimated |
5 | | dates of completion
of the redevelopment project and retirement |
6 | | of obligations issued to finance
redevelopment project costs |
7 | | (including refunding bonds under Section 11-74.4-7) may not be
|
8 | | later than December 31 of the year in which the payment to the |
9 | | municipal
treasurer, as provided in subsection (b) of Section |
10 | | 11-74.4-8 of this Act, is to
be made with respect to ad valorem |
11 | | taxes levied in the 23rd
calendar year after the year in which |
12 | | the ordinance approving the
redevelopment project area was |
13 | | adopted if the ordinance was adopted on or after
January 15, |
14 | | 1981. |
15 | | (b) The estimated dates of completion of the redevelopment |
16 | | project and retirement of obligations issued to finance |
17 | | redevelopment project costs (including refunding bonds under |
18 | | Section 11-74.4-7) may not be later than December 31 of the |
19 | | year in which the payment to the municipal treasurer as |
20 | | provided in subsection (b) of Section 11-74.4-8 of this Act is |
21 | | to be made with respect to ad valorem taxes levied in the 32nd |
22 | | calendar year after the year in which the ordinance approving |
23 | | the redevelopment project area was adopted if the ordinance was |
24 | | adopted on September 9, 1999 by the Village of Downs. |
25 | | The estimated dates of completion
of the redevelopment |
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1 | | project and retirement of obligations issued to finance
|
2 | | redevelopment project costs (including refunding bonds under |
3 | | Section 11-74.4-7) may not be later than December 31 of the |
4 | | year in which the payment to the municipal
treasurer as |
5 | | provided in subsection (b) of Section 11-74.4-8 of this Act is |
6 | | to
be made with respect to ad valorem taxes levied in the 33rd |
7 | | calendar
year after the year in which the ordinance approving |
8 | | the
redevelopment project area was adopted if the ordinance was |
9 | | adopted on May 20, 1985 by the Village of Wheeling. |
10 | | The estimated dates of completion of the redevelopment |
11 | | project and retirement of obligations issued to finance |
12 | | redevelopment project costs (including refunding bonds under |
13 | | Section 11-74.4-7) may not be later than December 31 of the |
14 | | year in which the payment to the municipal treasurer as |
15 | | provided in subsection (b) of Section 11-74.4-8 of this Act is |
16 | | to be made with respect to ad valorem taxes levied in the 28th |
17 | | calendar year after the year in which the ordinance approving |
18 | | the redevelopment project area was adopted if the ordinance was |
19 | | adopted on October 12, 1989 by the City of Lawrenceville. |
20 | | (c) The estimated dates of completion
of the redevelopment |
21 | | project and retirement of obligations issued to finance
|
22 | | redevelopment project costs (including refunding bonds under |
23 | | Section 11-74.4-7) may not be later than December 31 of the |
24 | | year in which the payment to the municipal
treasurer as |
25 | | provided in subsection (b) of Section 11-74.4-8 of this Act is |
26 | | to
be made with respect to ad valorem taxes levied in the 35th |
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1 | | calendar
year after the year in which the ordinance approving |
2 | | the
redevelopment project area was adopted: |
3 | | (1) If if the ordinance was adopted before January 15, |
4 | | 1981 . ; |
5 | | (2) If if the ordinance was adopted in December 1983, |
6 | | April 1984, July 1985,
or December 1989 . ; |
7 | | (3) If if the ordinance was adopted in December 1987 |
8 | | and the redevelopment
project is located within one mile of |
9 | | Midway Airport . ; |
10 | | (4) If if the ordinance was adopted before January 1, |
11 | | 1987 by a municipality in
Mason County . ; |
12 | | (5) If if the municipality is subject to the Local |
13 | | Government Financial Planning
and Supervision Act or the |
14 | | Financially Distressed City Law . ; |
15 | | (6) If if the ordinance was adopted in December 1984 by |
16 | | the Village of Rosemont . ; |
17 | | (7) If if the ordinance was adopted on December 31, |
18 | | 1986 by a municipality
located in Clinton County for which |
19 | | at least $250,000 of tax increment
bonds were authorized on |
20 | | June 17, 1997, or if the ordinance was adopted on
December |
21 | | 31, 1986 by a municipality with a population in 1990 of |
22 | | less than
3,600 that is located in a county with a |
23 | | population in 1990 of less than
34,000 and for which at |
24 | | least $250,000 of tax increment bonds were authorized
on |
25 | | June 17, 1997 . ; |
26 | | (8) If if the ordinance was adopted on October 5, 1982 |
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1 | | by the City of Kankakee, or if the ordinance was adopted on |
2 | | December 29, 1986 by East St. Louis . ; |
3 | | (9) If if
the ordinance was adopted on November 12, |
4 | | 1991 by the Village of Sauget . ; |
5 | | (10) If if the ordinance was
adopted on February 11, |
6 | | 1985 by the City of Rock Island . ; |
7 | | (11) If if the ordinance was adopted before December |
8 | | 18, 1986 by the City of
Moline . ; |
9 | | (12) If if the ordinance was adopted in September 1988 |
10 | | by Sauk Village . ; |
11 | | (13) If if the ordinance was adopted in October 1993 by |
12 | | Sauk Village . ; |
13 | | (14) If if the ordinance was adopted on December 29, |
14 | | 1986 by the City of Galva . ; |
15 | | (15) If if the ordinance was adopted in March 1991 by |
16 | | the City of Centreville . ; |
17 | | (16) If if the ordinance was adopted on January 23, |
18 | | 1991
by the City of East St. Louis . ; |
19 | | (17) If if the ordinance was adopted on December 22, |
20 | | 1986 by the City of Aledo . ; |
21 | | (18) If if the ordinance was adopted on February 5, |
22 | | 1990 by the City of Clinton . ; |
23 | | (19) If if the ordinance was adopted on September 6, |
24 | | 1994 by the City of Freeport . ; |
25 | | (20) If if the ordinance was adopted on December 22, |
26 | | 1986 by the City of Tuscola . ; |
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1 | | (21) If if the ordinance was adopted on December 23, |
2 | | 1986 by the City of Sparta . ; |
3 | | (22) If if the ordinance was adopted on December 23, |
4 | | 1986 by the City of
Beardstown . ; |
5 | | (23) If if the ordinance was adopted on April 27, 1981, |
6 | | October 21, 1985, or
December 30, 1986 by the City of |
7 | | Belleville . ; |
8 | | (24) If if the ordinance was adopted on December 29, |
9 | | 1986 by the City of
Collinsville . ; |
10 | | (25) If if the ordinance was adopted on September 14, |
11 | | 1994 by the
City of Alton . ; |
12 | | (26) If if the ordinance was adopted on November 11, |
13 | | 1996 by the
City of Lexington . ; |
14 | | (27) If if the ordinance was adopted on November 5, |
15 | | 1984 by
the City of LeRoy . ; |
16 | | (28) If if the ordinance was adopted on April 3, 1991 |
17 | | or
June 3, 1992 by the City of Markham . ; |
18 | | (29) If if the ordinance was adopted on November 11, |
19 | | 1986 by the City of Pekin . ; |
20 | | (30) If if the ordinance was adopted on December 15, |
21 | | 1981 by the City of Champaign . ; |
22 | | (31) If if the ordinance was adopted on December 15, |
23 | | 1986 by the City of Urbana . ; |
24 | | (32) If if the ordinance was adopted on December 15, |
25 | | 1986 by the Village of Heyworth . ; |
26 | | (33) If if the ordinance was adopted on February 24, |
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1 | | 1992 by the Village of Heyworth . ; |
2 | | (34) If if the ordinance was adopted on March 16, 1995 |
3 | | by the Village of Heyworth . ; |
4 | | (35) If if the ordinance was adopted on December 23, |
5 | | 1986 by the Town of Cicero . ; |
6 | | (36) If if the ordinance was adopted on December 30, |
7 | | 1986 by the City of Effingham . ; |
8 | | (37) If if the ordinance was adopted on May 9, 1991 by |
9 | | the Village of
Tilton . ; |
10 | | (38) If if the ordinance was adopted on October 20, |
11 | | 1986 by the City of Elmhurst . ; |
12 | | (39) If if the ordinance was adopted on January 19, |
13 | | 1988 by the City of
Waukegan . ; |
14 | | (40) If if the ordinance was adopted on September 21, |
15 | | 1998 by the City of
Waukegan . ; |
16 | | (41) If if the ordinance was adopted on December 31, |
17 | | 1986 by the City of Sullivan . ; |
18 | | (42) If if the ordinance was adopted on December 23, |
19 | | 1991 by the City of Sullivan . ; |
20 | | (43) If if the ordinance was adopted on December 31, |
21 | | 1986 by the City of Oglesby . ; |
22 | | (44) If if the ordinance was adopted on July 28, 1987 |
23 | | by the City of Marion . ; |
24 | | (45) If if the ordinance was adopted on April 23, 1990 |
25 | | by the City of Marion . ; |
26 | | (46) If if the ordinance was adopted on August 20, 1985 |
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1 | | by the Village of Mount Prospect . ; |
2 | | (47) If if the ordinance was adopted on February 2, |
3 | | 1998 by the Village of Woodhull . ; |
4 | | (48) If if the ordinance was adopted on April 20, 1993 |
5 | | by the Village of Princeville . ; |
6 | | (49) If if the ordinance was adopted on July 1, 1986 by |
7 | | the City of Granite City . ; |
8 | | (50) If if the ordinance was adopted on February 2, |
9 | | 1989 by the Village of Lombard . ; |
10 | | (51) If if the ordinance was adopted on December 29, |
11 | | 1986 by the Village of Gardner . ; |
12 | | (52) If if the ordinance was adopted on July 14, 1999 |
13 | | by the Village of Paw Paw . ; |
14 | | (53) If if the ordinance was adopted on November 17, |
15 | | 1986 by the Village of Franklin Park . ; |
16 | | (54) If if the ordinance was adopted on November 20, |
17 | | 1989 by the Village of South Holland . ; |
18 | | (55) If if the ordinance was adopted on July 14, 1992 |
19 | | by the Village of Riverdale . ; |
20 | | (56) If if the ordinance was adopted on December 29, |
21 | | 1986 by the City of Galesburg . ; |
22 | | (57) If if the ordinance was adopted on April 1, 1985 |
23 | | by the City of Galesburg . ; |
24 | | (58) If if the ordinance was adopted on May 21, 1990 by |
25 | | the City of West Chicago . ; |
26 | | (59) If if the ordinance was adopted on December 16, |
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1 | | 1986 by the City of Oak Forest . ; |
2 | | (60) If if the ordinance was adopted in 1999 by the |
3 | | City of Villa Grove . ; |
4 | | (61) If if the ordinance was adopted on January 13, |
5 | | 1987 by the Village of Mt. Zion . ; |
6 | | (62) If if the ordinance was adopted on December 30, |
7 | | 1986 by the Village of Manteno . ; |
8 | | (63) If if the ordinance was adopted on April 3, 1989 |
9 | | by the City of Chicago Heights . ; |
10 | | (64) If if the ordinance was adopted on January 6, 1999 |
11 | | by the Village of Rosemont . ; |
12 | | (65) If if the ordinance was adopted on December 19, |
13 | | 2000 by the Village of Stone Park . ; |
14 | | (66) If if the ordinance was adopted on December 22, |
15 | | 1986 by the City of DeKalb . ; |
16 | | (67) If if the ordinance was adopted on December 2, |
17 | | 1986 by the City of Aurora . ;
|
18 | | (68) If
if the ordinance was adopted on December 31, |
19 | | 1986 by the Village of Milan . ; |
20 | | (69) If
if the ordinance was adopted on September 8, |
21 | | 1994 by the City of West Frankfort . ; |
22 | | (70) If if the ordinance was adopted on December 23, |
23 | | 1986 by the Village of Libertyville . ; |
24 | | (71) If if the ordinance was adopted on December 22, |
25 | | 1986 by the Village of Hoffman Estates . ;
|
26 | | (72) If if the ordinance was adopted on September 17, |
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1 | | 1986 by the Village of Sherman . ;
|
2 | | (73) If if the ordinance was adopted on December 16, |
3 | | 1986 by the City of Macomb . ; |
4 | | (74) If if the ordinance was adopted on June 11, 2002 |
5 | | by the City of East Peoria to create the West Washington |
6 | | Street TIF . ; |
7 | | (75) If if the ordinance was adopted on June 11, 2002 |
8 | | by the City of East Peoria to create the Camp Street TIF . ;
|
9 | | (76) If if the ordinance was adopted on August 7, 2000 |
10 | | by the City of Des Plaines . ; |
11 | | (77) If if the ordinance was adopted on December 22, |
12 | | 1986 by the City of Washington to create the Washington |
13 | | Square TIF #2 . ; |
14 | | (78) If if the ordinance was adopted on December 29, |
15 | | 1986 by the City of Morris . ;
|
16 | | (79) If if the ordinance was adopted on July 6, 1998 by |
17 | | the Village of Steeleville . ; |
18 | | (80) If if the ordinance was adopted on December 29, |
19 | | 1986 by the City of Pontiac to create TIF I (the Main St |
20 | | TIF) . ; |
21 | | (81) If if the ordinance was adopted on December 29, |
22 | | 1986 by the City of Pontiac to create TIF II (the |
23 | | Interstate TIF) . ; |
24 | | (82) If if the ordinance was adopted on November 6, |
25 | | 2002 by the City of Chicago to create the Madden/Wells TIF |
26 | | District . ; |
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1 | | (83) If if the ordinance was adopted on November 4, |
2 | | 1998 by the City of Chicago to create the Roosevelt/Racine |
3 | | TIF District . ; |
4 | | (84) If if the ordinance was adopted on June 10, 1998 |
5 | | by the City of Chicago to create the Stony Island |
6 | | Commercial/Burnside Industrial Corridors TIF District . ; |
7 | | (85) If if the ordinance was adopted on November 29, |
8 | | 1989 by the City of Chicago to create the Englewood Mall |
9 | | TIF District . ; |
10 | | (86) If if the ordinance was adopted on December 27, |
11 | | 1986 by the City of Mendota . ; |
12 | | (87) If if the ordinance was adopted on December 31, |
13 | | 1986 by the Village of Cahokia . ; |
14 | | (88) If if the ordinance was adopted on September 20, |
15 | | 1999 by the City of Belleville . ; |
16 | | (89) If if the ordinance was adopted on December 30, |
17 | | 1986 by the Village of Bellevue to create the Bellevue TIF |
18 | | District 1 . ; |
19 | | (90) If if the ordinance was adopted on December 13, |
20 | | 1993 by the Village of Crete . ; |
21 | | (91) If if the ordinance was adopted on February 12, |
22 | | 2001 by the Village of Crete . ; |
23 | | (92) If if the ordinance was adopted on April 23, 2001 |
24 | | by the Village of Crete . ; |
25 | | (93) If if the ordinance was adopted on December 16, |
26 | | 1986 by the City of Champaign . ; |
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1 | | (94) If if the ordinance was adopted on December 20, |
2 | | 1986 by the City of Charleston . ; |
3 | | (95) If if the ordinance was adopted on June 6, 1989 by |
4 | | the Village of Romeoville . ; |
5 | | (96) If if the ordinance was adopted on October 14, |
6 | | 1993 and amended on August 2, 2010 by the City of Venice . ; |
7 | | (97) If if the ordinance was adopted on June 1, 1994 by |
8 | | the City of Markham . ; |
9 | | (98) If if the ordinance was adopted on May 19, 1998 by |
10 | | the Village of Bensenville . ; |
11 | | (99) If if the ordinance was adopted on November 12, |
12 | | 1987 by the City of Dixon . ; |
13 | | (100) If if the ordinance was adopted on December 20, |
14 | | 1988 by the Village of Lansing . ; |
15 | | (101) If if the ordinance was adopted on October 27, |
16 | | 1998 by the City of Moline . ; |
17 | | (102) If if the ordinance was adopted on May 21, 1991 |
18 | | by the Village of Glenwood . ; |
19 | | (103) If if the ordinance was adopted on January 28, |
20 | | 1992 by the City of East Peoria . ; |
21 | | (104) If if the ordinance was adopted on December 14, |
22 | | 1998 by the City of Carlyle . ; |
23 | | (105) If if the ordinance was adopted on May 17, 2000, |
24 | | as subsequently amended, by the City of Chicago to create |
25 | | the Midwest Redevelopment TIF District . ; |
26 | | (106) If if the ordinance was adopted on September 13, |
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1 | | 1989 by the City of Chicago to create the Michigan/Cermak |
2 | | Area TIF District . ; |
3 | | (107) If if the ordinance was adopted on March 30, 1992 |
4 | | by the Village of Ohio . ; |
5 | | (108) If if the ordinance was adopted on July 6, 1998 |
6 | | by the Village of Orangeville . ; |
7 | | (109) If if the ordinance was adopted on December 16, |
8 | | 1997 by the Village of Germantown . ; |
9 | | (110) If if the ordinance was adopted on April 28, 2003 |
10 | | by Gibson City . ; |
11 | | (111) If if the ordinance was adopted on December 18, |
12 | | 1990 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 if the ordinance was adopted on February 28, |
18 | | 2000 by the City of Harvey . ; or |
19 | | (113) If if the ordinance was adopted on January 11, |
20 | | 1991 by the City of Chicago to create the Read/Dunning TIF |
21 | | District . ; |
22 | | (114) If if the ordinance was adopted on July 24, 1991 |
23 | | by the City of Chicago to create the Sanitary and Ship |
24 | | Canal TIF District . ; |
25 | | (115) If if the ordinance was adopted on December 4, |
26 | | 2007 by the City of Naperville . ; |
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1 | | (116) If if the ordinance was adopted on July 1, 2002 |
2 | | by the Village of Arlington Heights . ; |
3 | | (117) If if the ordinance was adopted on February 11, |
4 | | 1991 by the Village of Machesney Park . ; |
5 | | (118) If if the ordinance was adopted on December 29, |
6 | | 1993 by the City of Ottawa . ; or |
7 | | (119) If if the ordinance was adopted on June 4, 1991 |
8 | | by the Village of Lansing. |
9 | | (120) If (119) if the ordinance was adopted on February |
10 | | 10, 2004 by the Village of Fox Lake . ; |
11 | | (121) If (120) if the ordinance was adopted on December |
12 | | 22, 1992 by the City of Fairfield . ; or |
13 | | (122) If (121) if the ordinance was adopted on February |
14 | | 10, 1992 by the City of Mt. Sterling. |
15 | | (123) If (113) if the ordinance was adopted on March |
16 | | 15, 2004 by the City of Batavia. |
17 | | (124) If (119) if the ordinance was adopted on March |
18 | | 18, 2002 by the Village of Lake Zurich. |
19 | | (d) For redevelopment project areas for which bonds were |
20 | | issued before
July 29, 1991, or for which contracts were |
21 | | entered into before June 1,
1988, in connection with a |
22 | | redevelopment project in the area within
the State Sales Tax |
23 | | Boundary, the estimated dates of completion of the
|
24 | | redevelopment project and retirement of obligations to finance |
25 | | redevelopment
project costs (including refunding bonds under |
26 | | Section 11-74.4-7) may be extended by municipal ordinance to |
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1 | | December 31, 2013.
The termination procedures of subsection (b) |
2 | | of Section 11-74.4-8 are not
required for
these redevelopment |
3 | | project areas in 2009 but are required in 2013.
The extension |
4 | | allowed by Public Act 87-1272 shall not apply to real
property |
5 | | tax increment allocation financing under Section 11-74.4-8. |
6 | | (e) 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 adopted on or after December 16,
1986 and for |
10 | | which at least $8 million worth of municipal bonds were |
11 | | authorized
on or after December 19, 1989 but before January 1, |
12 | | 1990; provided that the
municipality elects to extend the life |
13 | | of the redevelopment project area to 35
years by the adoption |
14 | | of an ordinance after at least 14 but not more than 30
days' |
15 | | written notice to the taxing bodies, that would otherwise |
16 | | constitute the
joint review board for the redevelopment project |
17 | | area, before the adoption of
the ordinance. |
18 | | (f) Those dates, for purposes of real property tax |
19 | | increment allocation
financing pursuant to Section 11-74.4-8 |
20 | | only, shall be not more than 35 years
for redevelopment project |
21 | | areas that were established on or after December 1,
1981 but |
22 | | before January 1, 1982 and for which at least $1,500,000 worth |
23 | | of
tax increment revenue bonds were authorized
on or after |
24 | | September 30, 1990 but before July 1, 1991; provided that the
|
25 | | municipality elects to extend the life of the redevelopment |
26 | | project area to 35
years by the adoption of an ordinance after |
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1 | | at least 14 but not more than 30
days' written notice to the |
2 | | taxing bodies, that would otherwise constitute the
joint review |
3 | | board for the redevelopment project area, before the adoption |
4 | | of
the ordinance. |
5 | | (g) In consolidating the material relating to completion |
6 | | dates from Sections 11-74.4-3 and 11-74.4-7 into this Section, |
7 | | it is not the intent of the General Assembly to make any |
8 | | substantive change in the law, except for the extension of the |
9 | | completion dates for the City of Aurora, the Village of Milan,
|
10 | | the City of West Frankfort, the Village of Libertyville, and |
11 | | the Village of Hoffman Estates set forth under items (67),
|
12 | | (68), (69), (70), and (71) of subsection (c) of this Section. |
13 | | (Source: P.A. 97-93, eff. 1-1-12; 97-372, eff. 8-15-11; 97-600, |
14 | | eff. 8-26-11; 97-633, eff. 12-16-11; 97-635, eff. 12-16-11; |
15 | | 97-807, eff. 7-13-12; 97-1114, eff. 8-27-12; 98-109, eff. |
16 | | 7-25-13; 98-135, eff. 8-2-13; 98-230, eff. 8-9-13; 98-463, eff. |
17 | | 8-16-13; 98-614, eff. 12-27-13; 98-667, eff. 6-25-14; 98-889, |
18 | | eff. 8-15-14; 98-893, eff. 8-15-14; 98-1064, eff. 8-26-14; |
19 | | 98-1136, eff. 12-29-14; 98-1153, eff. 1-9-15; 98-1157, eff. |
20 | | 1-9-15; 98-1159, eff. 1-9-15; revised 2-2-15.)
|
21 | | Section 185. The Fire Protection District Act is amended by |
22 | | changing Sections 11b and 16.06b as follows:
|
23 | | (70 ILCS 705/11b) (from Ch. 127 1/2, par. 31b)
|
24 | | Sec. 11b.
In case any fire protection district organized |
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1 | | hereunder is
coterminous with or includes within its corporate |
2 | | limits in whole or in
part any city, village or incorporated |
3 | | town authorized to provide
protection from fire and to regulate |
4 | | the prevention and control of fire
within such city, village or |
5 | | incorporated town and to levy taxes for any
such purposes, then |
6 | | such city, village or incorporated town shall not
exercise any |
7 | | such powers as necessarily conflict with the powers to be
|
8 | | exercised by such district in respect to such fire protection |
9 | | and
regulation within the fire protection district from and |
10 | | after the date
that it receives written notice from the State |
11 | | Fire Marshal
to cease or refrain from the operation of any fire
|
12 | | protection facilities and th |