HOUSE OF REPRESENTATIVES 3947
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
49TH LEGISLATIVE DAY
WEDNESDAY, MAY 12, 1999
10:OO O'CLOCK A.M.
The House met pursuant to adjournment.
Representative Hartke in the Chair.
Prayer by Pastor Don Jones with Lifeline Assembly in Golconda,
Illinois.
Representative Howard led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain
the attendance of Members, as follows:
117 present. (ROLL CALL 1)
By unanimous consent, Representative Steve Davis was excused from
attendance.
JOINT ACTION MOTIONS SUBMITTED
Representative O'Brien submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 376.
Representative Feigenholtz submitted the following written
motion, which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 631.
Representative Hassert submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 2020.
Representative Mulligan submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 2644.
Representative Mulligan submitted the following written motion,
3948 JOURNAL OF THE [May 12, 1999]
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 2645.
Representative Burke submitted the following written motion,
which was placed on the Calendar on the order of Non-Concurrence:
MOTION #1
I move to refuse to recede from House Amendment No. 1 to SENATE
BILL 487.
FISCAL NOTES SUPPLIED
Fiscal Notes have been supplied for SENATE BILLS 286, as amended
and 1010, as amended.
BALANCED BUDGET NOTE SUPPLIED
A Balanced Budget Note has been supplied for SENATE BILL 656, as
amended.
MESSAGES FROM THE SENATE
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 402
A bill for AN ACT concerning taxes.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 402.
Passed the Senate, as amended, May 12, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 402 by replacing everything
after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Automobile Leasing Occupation and Use Tax Act.
Section 5. Definitions. As used in this Act:
"Automobile" means any motor vehicle of the first division, a
motor vehicle of the second division which is a self-contained motor
vehicle designed or permanently converted to provide living quarters
for recreational, camping or travel use, with direct walk through
access to the living quarters from the driver's seat, or a motor
vehicle of the second division which is of the van configuration
designed for the transportation of not less than 7 nor more than 16
passengers, as defined in Section 1-146 of the Illinois Vehicle Code.
HOUSE OF REPRESENTATIVES 3949
"Department" means the Department of Revenue.
"Person" means any natural individual, firm, partnership,
association, joint stock company, joint venture, public or private
corporation, or a receiver, executor, trustee, conservator, or other
representatives appointed by order of any court.
"Leasing" means any transfer of the possession or right to
possession of an automobile to a user for a valuable consideration
for a period of more than 1 year.
"Lessor" means any person, firm, corporation, or association
engaged in the business of leasing automobiles to users. For this
purpose, the objective of making a profit is not necessary to make
the leasing activity a business.
"Lessee" means any user to whom the possession, or the right to
possession, of an automobile is transferred for a valuable
consideration for a period more than one year which is paid by such
lessee or by someone else.
"Gross receipts" means the total leasing price for the lease of
an automobile. In the case of lease transactions in which the
consideration is paid to the lessor on an installment basis, the
amounts of such payments shall be included by the lessor in gross
receipts only as and when payments are received by the lessor.
"Leasing price" means the consideration for leasing an automobile
valued in money, whether received in money or otherwise, including
cash, credits, property and services, and shall be determined without
any deduction on account of the cost of the property leased, the cost
of materials used, labor or service cost or any other expense
whatsoever, but does not include charges that are added by lessors on
account of the lessor's tax liability under this Act, or on account
of the lessor's duty to collect, from the lessee, the tax that is
imposed by Section 20 of this Act. The phrase "leasing price" does
not include the residual value of the automobile or any separately
stated charge on the lessee's bill for insurance.
"Maintaining a place of business in this State" means having or
maintaining within this State, directly or by a subsidiary, an
office, repair facilities, distribution house, sales house,
warehouse, or other place of business, or any agent, or other
representative, operating within this State, irrespective of whether
the place of business or agent or other representative is located
here permanently or temporarily.
"Residual value" means the estimated value of the vehicle at the
end of the scheduled lease term, used by the lessor in determining
the base lease payment, as established by the lessor at the time the
lessor and lessee enter into the lease.
Section 10. Imposition of occupation tax. A tax is imposed upon
persons engaged in this State in the business of leasing automobiles
in Illinois at the rate of 5% of the gross receipts received from
such business. The tax herein imposed does not apply to the leasing
of automobiles to any governmental body, nor to any corporation,
society, association, foundation or institution organized and
operated exclusively for charitable, religious or educational
purposes, nor to any not for profit corporation, society,
association, foundation, institution or organization which has no
compensated officers or employees and which is organized and operated
primarily for the recreation of persons 55 years of age or older.
Beginning July 1, 2000 through June 30, 2001, each month the
Department shall pay into the Tax Compliance and Administration Fund
3% of the revenue realized from the tax imposed by this Section, and
the remaining such revenue shall be paid as provided for in Section 3
of the Retailers' Occupation Tax Act. Beginning July 1, 2001 and
each month thereafter, the Department shall pay into the Tax
Compliance and Administration Fund 1% of the revenue realized from
3950 JOURNAL OF THE [May 12, 1999]
the tax imposed by this Section, and the remaining such revenue shall
be paid as provided for in Section 3 of the Retailers' Occupation Tax
Act.
The Department shall have full power to administer and enforce
this Section, to collect all taxes and penalties due hereunder, to
dispose of taxes and penalties so collected in the manner hereinafter
provided, and to determine all rights to credit memoranda, arising on
account of the erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with, this Section, the Department
and persons who are subject to this Section shall have the same
rights, remedies, privileges, immunities, powers and duties, and be
subject to the same conditions, restrictions, limitation, penalties
and definitions of terms, and employ the same modes of procedure, as
are prescribed in Sections 1, 1a, 2 through 2-65 (in respect to all
provisions therein other than the State rate of tax), 2a, 2b, 2c, 3
(except provisions relating to transaction returns and quarter
monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 7, 8, 9, 10, 11, 11a, 12 and 13 of the Retailers' Occupation
Tax Act and Section 3-7 of the Uniform Penalty and Interest Act as
fully as if those provisions were set forth herein. For purposes of
this Section, references in such incorporated Sections of the
Retailers' Occupation Tax Act to retailers, sellers or persons
engaged in the business of selling tangible personal property means
persons engaged in the leasing of automobiles under leases subject to
this Act.
Section 15. Registration. Every person engaged in this State in
the business of leasing automobiles shall apply to the Department
(upon a form prescribed and furnished by the Department) for a
certificate of registration under this Act. The certificate of
registration that is issued by the Department to a retailer under the
Retailers' Occupation Tax Act shall permit such lessor to engage in a
business that is taxable under this Section without registering
separately with the Department.
Section 20. Imposition of use tax. A tax is imposed upon the
privilege of using in this State, an automobile which is leased from
a lessor. Such tax is at the rate of 5% of the leasing price of such
automobile paid to the lessor under any lease agreement. The tax
herein imposed shall not apply to any governmental body, nor to any
corporation, society, association, foundation or institution,
organized and operated exclusively for charitable, religious or
educational purposes, nor to any not for profit corporation, society,
association, foundation, institution or organization which has no
compensated officers or employees and which is organized and operated
primarily for the recreation of persons 55 years of age or older,
when using tangible personal property as a lessee. Beginning July 1,
2000 through June 30, 2001, each month the Department shall pay into
the Tax Compliance and Administration Fund 3% of the revenue realized
from the tax imposed by this Section, and the remaining such revenue
shall be paid as provided for in Section 9 of the Use Tax Act.
Beginning July 1, 2001 and each month thereafter, the Department
shall pay into the Tax Compliance and Administration Fund 1% of the
revenue realized from the tax imposed by this Section, and the
remaining such revenue shall be paid as provided for in Section 9 of
the Use Tax Act.
The Department shall have full power to administer and enforce
this Section; to collect all taxes, penalties and interest due
hereunder; to dispose of taxes, penalties and interest so collected
in the manner hereinafter provided, and to determine all rights to
credit memoranda or refunds arising on account of the erroneous
payment of tax, penalty or interest hereunder. In the administration
of, and compliance with, this Section, the Department and persons who
HOUSE OF REPRESENTATIVES 3951
are subject to this Section shall have the same rights, remedies,
privileges, immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties and definitions of
terms, and employ the same modes of procedure, as are prescribed in
Sections 2, 3 through 3-80, 4, 6, 7, 8, 9 (except provisions relating
to transaction returns and quarter monthly payments), 10, 11, 12,
12a, 12b, 13, 14, 15, 19, 20, 21 and 22 of the Use Tax Act, and are
not inconsistent with this Section, as fully as if those provisions
were set forth herein. For purposes of this Section, references in
such incorporated Sections of the Use Tax Act to users or purchasers
means lessees of automobiles under leases subject to this Act.
Section 25. Use tax collected. The use tax imposed by Section
20 shall be collected from the lessee and remitted to the Department
by a lessor maintaining a place of business in this State or who
titles or registers an automobile with an agency of this State's
government that is used for leasing in this State.
The use tax imposed by Section 20 and not paid to a lessor
pursuant to the preceding paragraph of this Section shall be paid to
the Department directly by any person using such automobile within
this State.
Lessors shall collect the tax from lessees by adding the tax to
the leasing price of the automobile, when leased for use, in the
manner prescribed by the Department. The Department shall have the
power to adopt and promulgate reasonable rules and regulations for
the adding of such tax by lessors to leasing prices by prescribing
bracket systems for the purpose of enabling such lessors to add and
collect, as far as practicable, the amount of such tax.
The tax imposed by this Section shall, when collected, be stated
as a distinct item on the customer's bill, separate and apart from
the leasing price of the automobile.
Section 30. Severability clause. If any clause, sentence,
Section, provision or part thereof of this Act or the application
thereof to any person or circumstance shall be adjudged to be
unconstitutional, the remainder of this Act or its application to
persons or circumstances other than those to which it is held
invalid, shall not be affected thereby. In particular, if any
provision which exempts or has the effect of exempting some class of
users or some kind of use from the tax imposed by this Act should be
held to constitute or to result in an invalid classification or to be
unconstitutional for some other reason, such provision shall be
deemed to be severable with the remainder of this Act without said
provision being held constitutional.
Section 80. The State Finance Act is amended by changing
Sections 6z-18 and 6z-20 as follows:
(30 ILCS 105/6z-18) (from Ch. 127, par. 142z-18)
Sec. 6z-18. A portion of the money paid into the Local
Government Tax Fund from sales of food for human consumption which is
to be consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks and food which has been prepared for
immediate consumption) and prescription and nonprescription
medicines, drugs, medical appliances and insulin, urine testing
materials, syringes and needles used by diabetics, which occurred in
municipalities, shall be distributed to each municipality based upon
the sales which occurred in that municipality. The remainder shall
be distributed to each county based upon the sales which occurred in
the unincorporated area of that county.
A portion of the money paid into the Local Government Tax Fund
from the 6.25% general use tax rate on the selling price of tangible
personal property which is purchased outside Illinois at retail from
a retailer and which is titled or registered by any agency of this
State's government shall be distributed to municipalities as provided
3952 JOURNAL OF THE [May 12, 1999]
in this paragraph. Each municipality shall receive the amount
attributable to sales for which Illinois addresses for titling or
registration purposes are given as being in such municipality. The
remainder of the money paid into the Local Government Tax Fund from
such sales shall be distributed to counties. Each county shall
receive the amount attributable to sales for which Illinois addresses
for titling or registration purposes are given as being located in
the unincorporated area of such county.
A portion of the money paid into the Local Government Tax Fund
from the 1.25% rate imposed under the Use Tax Act upon the selling
price of any motor vehicle that is purchased outside of Illinois at
retail by a lessor for purposes of leasing under a lease subject to
the Automobile Leasing Occupation and Use Tax Act which is titled or
registered by any agency of this State's government shall be
distributed as provided in this paragraph, less 3% for the first 12
monthly distributions and 1% for each monthly distribution
thereafter, which sum shall be paid into the Tax Compliance and
Administration Fund. Each municipality shall receive the amount
attributable to sales for which Illinois addresses for titling or
registration purposes are given as being in such municipality. The
remainder of the money paid into the Local Government Tax Fund from
such sales shall be distributed to counties. Each county shall
receive the amount attributable to sales for which Illinois addresses
for titling or registration purposes are given as being located in
the unincorporated area of such county.
A portion of the money paid into the Local Government Tax Fund
from the 6.25% general rate on sales subject to taxation under the
Retailers' Occupation Tax Act and the Service Occupation Tax Act,
which occurred in municipalities, shall be distributed to each
municipality, based upon the sales which occurred in that
municipality. The remainder shall be distributed to each county,
based upon the sales which occurred in the unincorporated area of
such county.
A portion of the money paid into the Local Government Tax Fund
from the 1.25% rate imposed by the Retailers' Occupation Tax Act upon
the sale of any motor vehicle that is sold at retail to a lessor for
purposes of leasing under a lease subject to the Automobile Leasing
Occupation and Use Tax Act shall be distributed as provided in this
paragraph, less 3% for the first 12 monthly distributions and 1% for
each monthly distribution thereafter, which sum shall be paid into
the Tax Compliance and Administration Fund. The funds shall be
distributed to each municipality, based upon the sales which occurred
in that municipality. The remainder shall be distributed to each
county, based upon the sales which occurred in the unincorporated
area of such county.
For the purpose of determining allocation to the local government
unit, a retail sale by a producer of coal or other mineral mined in
Illinois is a sale at retail at the place where the coal or other
mineral mined in Illinois is extracted from the earth. This
paragraph does not apply to coal or other mineral when it is
delivered or shipped by the seller to the purchaser at a point
outside Illinois so that the sale is exempt under the United States
Constitution as a sale in interstate or foreign commerce.
Whenever the Department determines that a refund of money paid
into the Local Government Tax Fund should be made to a claimant
instead of issuing a credit memorandum, the Department shall notify
the State Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named, in such notification from
the Department. Such refund shall be paid by the State Treasurer out
of the Local Government Tax Fund.
On or before the 25th day of each calendar month, the Department
HOUSE OF REPRESENTATIVES 3953
shall prepare and certify to the Comptroller the disbursement of
stated sums of money to named municipalities and counties, the
municipalities and counties to be those entitled to distribution of
taxes or penalties paid to the Department during the second preceding
calendar month. The amount to be paid to each municipality or county
shall be the amount (not including credit memoranda) collected during
the second preceding calendar month by the Department and paid into
the Local Government Tax Fund, plus an amount the Department
determines is necessary to offset any amounts which were erroneously
paid to a different taxing body, and not including an amount equal to
the amount of refunds made during the second preceding calendar month
by the Department, and not including any amount which the Department
determines is necessary to offset any amounts which are payable to a
different taxing body but were erroneously paid to the municipality
or county. Within 10 days after receipt, by the Comptroller, of the
disbursement certification to the municipalities and counties,
provided for in this Section to be given to the Comptroller by the
Department, the Comptroller shall cause the orders to be drawn for
the respective amounts in accordance with the directions contained in
such certification.
When certifying the amount of monthly disbursement to a
municipality or county under this Section, the Department shall
increase or decrease that amount by an amount necessary to offset any
misallocation of previous disbursements. The offset amount shall be
the amount erroneously disbursed within the 6 months preceding the
time a misallocation is discovered.
The provisions directing the distributions from the special fund
in the State Treasury provided for in this Section shall constitute
an irrevocable and continuing appropriation of all amounts as
provided herein. The State Treasurer and State Comptroller are hereby
authorized to make distributions as provided in this Section.
In construing any development, redevelopment, annexation,
preannexation or other lawful agreement in effect prior to September
1, 1990, which describes or refers to receipts from a county or
municipal retailers' occupation tax, use tax or service occupation
tax which now cannot be imposed, such description or reference shall
be deemed to include the replacement revenue for such abolished
taxes, distributed from the Local Government Tax Fund.
(Source: P.A. 90-491, eff. 1-1-98.)
(30 ILCS 105/6z-20) (from Ch. 127, par. 142z-20)
Sec. 6z-20. Of the money received from the 6.25% general rate on
sales subject to taxation under the Retailers' Occupation Tax Act and
Service Occupation Tax Act and paid into the County and Mass Transit
District Fund, distribution to the Regional Transportation Authority
tax fund, created pursuant to Section 4.03 of the Regional
Transportation Authority Act, for deposit therein shall be made based
upon the retail sales occurring in a county having more than
3,000,000 inhabitants. The remainder shall be distributed to each
county having 3,000,000 or fewer inhabitants based upon the retail
sales occurring in each such county.
Of the money received from the 1.25% rate imposed by the
Retailers' Occupation Tax Act upon the sale of any motor vehicle that
is sold at retail to a lessor for purposes of leasing under a lease
subject to the Automobile Leasing Occupation and Use Tax Act, and
paid into the County and Mass Transit District Fund shall be
distributed as provided in this paragraph, less 3% for the first 12
monthly distributions and 1% for each monthly distribution
thereafter, which sum shall be paid into the Tax Compliance and
Administration Fund. Distribution to the Regional Transportation
Authority Tax Fund, created pursuant to Section 4.03 of the Regional
Transportation Authority Act, for deposit therein shall be made based
3954 JOURNAL OF THE [May 12, 1999]
upon the retail sales occurring in a county having more than
3,000,000 inhabitants. The remainder shall be distributed to each
county having 3,000,000 or fewer inhabitants based upon the retail
sales occurring in each such county.
For the purpose of determining allocation to the local government
unit, a retail sale by a producer of coal or other mineral mined in
Illinois is a sale at retail at the place where the coal or other
mineral mined in Illinois is extracted from the earth. This
paragraph does not apply to coal or other mineral when it is
delivered or shipped by the seller to the purchaser at a point
outside Illinois so that the sale is exempt under the United States
Constitution as a sale in interstate or foreign commerce.
Of the money received from the 6.25% general use tax rate on
tangible personal property which is purchased outside Illinois at
retail from a retailer and which is titled or registered by any
agency of this State's government and paid into the County and Mass
Transit District Fund, the amount for which Illinois addresses for
titling or registration purposes are given as being in each county
having more than 3,000,000 inhabitants shall be distributed into the
Regional Transportation Authority tax fund, created pursuant to
Section 4.03 of the Regional Transportation Authority Act. The
remainder of the money paid from such sales shall be distributed to
each county based on sales for which Illinois addresses for titling
or registration purposes are given as being located in the county.
Any money paid into the Regional Transportation Authority Occupation
and Use Tax Replacement Fund from the County and Mass Transit
District Fund prior to January 14, 1991, which has not been paid to
the Authority prior to that date, shall be transferred to the
Regional Transportation Authority tax fund.
Of the money received from the 1.25% rate imposed under the Use
Tax Act upon the selling price of any motor vehicle that is purchased
outside of Illinois at retail by a lessor for purposes of leasing
under a lease subject to the Automobile Leasing Occupation and Use
Tax Act which is titled or registered by any agency of this State's
government and is paid into the County and Mass Transit District
Fund, shall be distributed as provided in this paragraph, less 3% for
the first 12 monthly distributions and 1% for each monthly
distribution thereafter, which sum shall be paid into the Tax
Compliance and Administration Fund. The amount for which Illinois
addresses for titling or registration purposes are given as being in
each county having more than 3,000,000 inhabitants shall be
distributed into the Regional Transportation Authority Tax Fund,
created pursuant to Section 4.03 of the Regional Transportation
Authority Act. The remainder of the moneys paid from such sales
shall be distributed to each county based on sales for which Illinois
addresses for titling or registration purposes are given as being
located in that county.
Whenever the Department determines that a refund of money paid
into the County and Mass Transit District Fund should be made to a
claimant instead of issuing a credit memorandum, the Department shall
notify the State Comptroller, who shall cause the order to be drawn
for the amount specified, and to the person named, in such
notification from the Department. Such refund shall be paid by the
State Treasurer out of the County and Mass Transit District Fund.
On or before the 25th day of each calendar month, the Department
shall prepare and certify to the Comptroller the disbursement of
stated sums of money to the Regional Transportation Authority and to
named counties, the counties to be those entitled to distribution, as
hereinabove provided, of taxes or penalties paid to the Department
during the second preceding calendar month. The amount to be paid to
the Regional Transportation Authority and each county having
HOUSE OF REPRESENTATIVES 3955
3,000,000 or fewer inhabitants shall be the amount (not including
credit memoranda) collected during the second preceding calendar
month by the Department and paid into the County and Mass Transit
District Fund, plus an amount the Department determines is necessary
to offset any amounts which were erroneously paid to a different
taxing body, and not including an amount equal to the amount of
refunds made during the second preceding calendar month by the
Department, and not including any amount which the Department
determines is necessary to offset any amounts which were payable to a
different taxing body but were erroneously paid to the Regional
Transportation Authority or county. Within 10 days after receipt, by
the Comptroller, of the disbursement certification to the Regional
Transportation Authority and counties, provided for in this Section
to be given to the Comptroller by the Department, the Comptroller
shall cause the orders to be drawn for the respective amounts in
accordance with the directions contained in such certification.
When certifying the amount of a monthly disbursement to the
Regional Transportation Authority or to a county under this Section,
the Department shall increase or decrease that amount by an amount
necessary to offset any misallocation of previous disbursements. The
offset amount shall be the amount erroneously disbursed within the 6
months preceding the time a misallocation is discovered.
The provisions directing the distributions from the special fund
in the State Treasury provided for in this Section and from the
Regional Transportation Authority tax fund created by Section 4.03 of
the Regional Transportation Authority Act shall constitute an
irrevocable and continuing appropriation of all amounts as provided
herein. The State Treasurer and State Comptroller are hereby
authorized to make distributions as provided in this Section.
In construing any development, redevelopment, annexation,
preannexation or other lawful agreement in effect prior to September
1, 1990, which describes or refers to receipts from a county or
municipal retailers' occupation tax, use tax or service occupation
tax which now cannot be imposed, such description or reference shall
be deemed to include the replacement revenue for such abolished
taxes, distributed from the County and Mass Transit District Fund or
Local Government Distributive Fund, as the case may be.
(Source: P.A. 90-491, eff. 1-1-98.)
Section 85. The Use Tax Act is amended by changing Sections 1a,
3-10, and 9 as follows:
(35 ILCS 105/1a) (from Ch. 120, par. 439.1a)
Sec. 1a. A person who is engaged in the business of leasing or
renting motor vehicles to others and who, in connection with such
business sells any used motor vehicle to a purchaser for his use and
not for the purpose of resale, is a retailer engaged in the business
of selling tangible personal property at retail under this Act to the
extent of the value of the vehicle sold. For the purpose of this
Section, "motor vehicle" means any motor vehicle of the first
division, a motor vehicle of the second division which is a
self-contained motor vehicle designed or permanently converted to
provide living quarters for recreational, camping or travel use, with
direct walk through access to the living quarters from the driver's
seat, or a motor vehicle of a second division which is of the van
configuration designed for the transportation of not less than 7 nor
more than 16 passengers, as defined in Section 1-146 of the Illinois
Vehicle Code. For the purpose of this Section, "motor vehicle" has
the meaning prescribed in Section 1-157 of The Illinois Vehicle Code,
as now or hereafter amended. (Nothing provided herein shall affect
liability incurred under this Act because of the use of such motor
vehicles as a lessor.)
(Source: P.A. 80-598.)
3956 JOURNAL OF THE [May 12, 1999]
(35 ILCS 105/3-10) (from Ch. 120, par. 439.3-10)
Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
either the selling price or the fair market value, if any, of the
tangible personal property. In all cases where property functionally
used or consumed is the same as the property that was purchased at
retail, then the tax is imposed on the selling price of the property.
In all cases where property functionally used or consumed is a
by-product or waste product that has been refined, manufactured, or
produced from property purchased at retail, then the tax is imposed
on the lower of the fair market value, if any, of the specific
property so used in this State or on the selling price of the
property purchased at retail. For purposes of this Section "fair
market value" means the price at which property would change hands
between a willing buyer and a willing seller, neither being under any
compulsion to buy or sell and both having reasonable knowledge of the
relevant facts. The fair market value shall be established by
Illinois sales by the taxpayer of the same property as that
functionally used or consumed, or if there are no such sales by the
taxpayer, then comparable sales or purchases of property of like kind
and character in Illinois.
With respect to gasohol, the tax imposed by this Act applies to
70% of the proceeds of sales made on or after January 1, 1990, and
before July 1, 2003, and to 100% of the proceeds of sales made
thereafter.
With respect to food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic beverages,
soft drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines, drugs,
medical appliances, modifications to a motor vehicle for the purpose
of rendering it usable by a disabled person, and insulin, urine
testing materials, syringes, and needles used by diabetics, for human
use, the tax is imposed at the rate of 1%. For the purposes of this
Section, the term "soft drinks" means any complete, finished,
ready-to-use, non-alcoholic drink, whether carbonated or not,
including but not limited to soda water, cola, fruit juice, vegetable
juice, carbonated water, and all other preparations commonly known as
soft drinks of whatever kind or description that are contained in any
closed or sealed bottle, can, carton, or container, regardless of
size. "Soft drinks" does not include coffee, tea, non-carbonated
water, infant formula, milk or milk products as defined in the Grade
A Pasteurized Milk and Milk Products Act, or drinks containing 50% or
more natural fruit or vegetable juice.
Notwithstanding any other provisions of this Act, "food for human
consumption that is to be consumed off the premises where it is sold"
includes all food sold through a vending machine, except soft drinks
and food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
With respect to any motor vehicle (as the term "motor vehicle" is
defined in Section 1a of this Act) that is purchased by a lessor for
purposes of leasing under a lease subject to the Automobile Leasing
Occupation and Use Tax Act, the tax is imposed at the rate of 1.25%.
With respect to any motor vehicle (as the term "motor vehicle" is
defined in Section 1a of this Act) that has been leased by a lessor
to a lessee under a lease that is subject to the Automobile Leasing
Occupation and Use Tax Act, and is subsequently purchased by the
lessee of such vehicle, the tax is imposed at the rate of 5%.
If the property that is purchased at retail from a retailer is
acquired outside Illinois and used outside Illinois before being
brought to Illinois for use here and is taxable under this Act, the
"selling price" on which the tax is computed shall be reduced by an
HOUSE OF REPRESENTATIVES 3957
amount that represents a reasonable allowance for depreciation for
the period of prior out-of-state use.
(Source: P.A. 89-359, eff. 8-17-95; 89-420, eff. 6-1-96; 89-463, eff.
5-31-96; 89-626, eff. 8-9-96; 90-605, eff. 6-30-98; 90-606, eff.
6-30-98.)
(35 ILCS 105/9) (from Ch. 120, par. 439.9)
Sec. 9. Except as to motor vehicles, watercraft, aircraft, and
trailers that are required to be registered with an agency of this
State, each retailer required or authorized to collect the tax
imposed by this Act shall pay to the Department the amount of such
tax (except as otherwise provided) at the time when he is required to
file his return for the period during which such tax was collected,
less a discount of 2.1% prior to January 1, 1990, and 1.75% on and
after January 1, 1990, or $5 per calendar year, whichever is greater,
which is allowed to reimburse the retailer for expenses incurred in
collecting the tax, keeping records, preparing and filing returns,
remitting the tax and supplying data to the Department on request.
In the case of retailers who report and pay the tax on a transaction
by transaction basis, as provided in this Section, such discount
shall be taken with each such tax remittance instead of when such
retailer files his periodic return. A retailer need not remit that
part of any tax collected by him to the extent that he is required to
remit and does remit the tax imposed by the Retailers' Occupation Tax
Act, with respect to the sale of the same property.
Where such tangible personal property is sold under a conditional
sales contract, or under any other form of sale wherein the payment
of the principal sum, or a part thereof, is extended beyond the close
of the period for which the return is filed, the retailer, in
collecting the tax (except as to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with an
agency of this State), may collect for each tax return period, only
the tax applicable to that part of the selling price actually
received during such tax return period.
Except as provided in this Section, on or before the twentieth
day of each calendar month, such retailer shall file a return for the
preceding calendar month. Such return shall be filed on forms
prescribed by the Department and shall furnish such information as
the Department may reasonably require.
The Department may require returns to be filed on a quarterly
basis. If so required, a return for each calendar quarter shall be
filed on or before the twentieth day of the calendar month following
the end of such calendar quarter. The taxpayer shall also file a
return with the Department for each of the first two months of each
calendar quarter, on or before the twentieth day of the following
calendar month, stating:
1. The name of the seller;
2. The address of the principal place of business from
which he engages in the business of selling tangible personal
property at retail in this State;
3. The total amount of taxable receipts received by him
during the preceding calendar month from sales of tangible
personal property by him during such preceding calendar month,
including receipts from charge and time sales, but less all
deductions allowed by law;
4. The amount of credit provided in Section 2d of this Act;
5. The amount of tax due;
5-5. The signature of the taxpayer; and
6. Such other reasonable information as the Department may
require.
If a taxpayer fails to sign a return within 30 days after the
proper notice and demand for signature by the Department, the return
3958 JOURNAL OF THE [May 12, 1999]
shall be considered valid and any amount shown to be due on the
return shall be deemed assessed.
Beginning October 1, 1993, a taxpayer who has an average monthly
tax liability of $150,000 or more shall make all payments required by
rules of the Department by electronic funds transfer. Beginning
October 1, 1994, a taxpayer who has an average monthly tax liability
of $100,000 or more shall make all payments required by rules of the
Department by electronic funds transfer. Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of $50,000 or more
shall make all payments required by rules of the Department by
electronic funds transfer. The term "average monthly tax liability"
means the sum of the taxpayer's liabilities under this Act, and under
all other State and local occupation and use tax laws administered by
the Department, for the immediately preceding calendar year divided
by 12.
Before August 1 of each year beginning in 1993, the Department
shall notify all taxpayers required to make payments by electronic
funds transfer. All taxpayers required to make payments by electronic
funds transfer shall make those payments for a minimum of one year
beginning on October 1.
Any taxpayer not required to make payments by electronic funds
transfer may make payments by electronic funds transfer with the
permission of the Department.
All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make payments by
electronic funds transfer shall make those payments in the manner
authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
If the taxpayer's average monthly tax liability to the Department
under this Act, the Retailers' Occupation Tax Act, the Service
Occupation Tax Act, the Service Use Tax Act was $10,000 or more
during the preceding 4 complete calendar quarters, he shall file a
return with the Department each month by the 20th day of the month
next following the month during which such tax liability is incurred
and shall make payments to the Department on or before the 7th, 15th,
22nd and last day of the month during which such liability is
incurred. If the month during which such tax liability is incurred
began prior to January 1, 1985, each payment shall be in an amount
equal to 1/4 of the taxpayer's actual liability for the month or an
amount set by the Department not to exceed 1/4 of the average monthly
liability of the taxpayer to the Department for the preceding 4
complete calendar quarters (excluding the month of highest liability
and the month of lowest liability in such 4 quarter period). If the
month during which such tax liability is incurred begins on or after
January 1, 1985, and prior to January 1, 1987, each payment shall be
in an amount equal to 22.5% of the taxpayer's actual liability for
the month or 27.5% of the taxpayer's liability for the same calendar
month of the preceding year. If the month during which such tax
liability is incurred begins on or after January 1, 1987, and prior
to January 1, 1988, each payment shall be in an amount equal to 22.5%
of the taxpayer's actual liability for the month or 26.25% of the
taxpayer's liability for the same calendar month of the preceding
year. If the month during which such tax liability is incurred
begins on or after January 1, 1988, and prior to January 1, 1989, or
begins on or after January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for the
month or 25% of the taxpayer's liability for the same calendar month
of the preceding year. If the month during which such tax liability
is incurred begins on or after January 1, 1989, and prior to January
HOUSE OF REPRESENTATIVES 3959
1, 1996, each payment shall be in an amount equal to 22.5% of the
taxpayer's actual liability for the month or 25% of the taxpayer's
liability for the same calendar month of the preceding year or 100%
of the taxpayer's actual liability for the quarter monthly reporting
period. The amount of such quarter monthly payments shall be
credited against the final tax liability of the taxpayer's return for
that month. Once applicable, the requirement of the making of
quarter monthly payments to the Department shall continue until such
taxpayer's average monthly liability to the Department during the
preceding 4 complete calendar quarters (excluding the month of
highest liability and the month of lowest liability) is less than
$9,000, or until such taxpayer's average monthly liability to the
Department as computed for each calendar quarter of the 4 preceding
complete calendar quarter period is less than $10,000. However, if a
taxpayer can show the Department that a substantial change in the
taxpayer's business has occurred which causes the taxpayer to
anticipate that his average monthly tax liability for the reasonably
foreseeable future will fall below $10,000, then such taxpayer may
petition the Department for change in such taxpayer's reporting
status. The Department shall change such taxpayer's reporting status
unless it finds that such change is seasonal in nature and not likely
to be long term. If any such quarter monthly payment is not paid at
the time or in the amount required by this Section, then the taxpayer
shall be liable for penalties and interest on the difference between
the minimum amount due and the amount of such quarter monthly payment
actually and timely paid, except insofar as the taxpayer has
previously made payments for that month to the Department in excess
of the minimum payments previously due as provided in this Section.
The Department shall make reasonable rules and regulations to govern
the quarter monthly payment amount and quarter monthly payment dates
for taxpayers who file on other than a calendar monthly basis.
If any such payment provided for in this Section exceeds the
taxpayer's liabilities under this Act, the Retailers' Occupation Tax
Act, the Service Occupation Tax Act and the Service Use Tax Act, as
shown by an original monthly return, the Department shall issue to
the taxpayer a credit memorandum no later than 30 days after the date
of payment, which memorandum may be submitted by the taxpayer to the
Department in payment of tax liability subsequently to be remitted by
the taxpayer to the Department or be assigned by the taxpayer to a
similar taxpayer under this Act, the Retailers' Occupation Tax Act,
the Service Occupation Tax Act or the Service Use Tax Act, in
accordance with reasonable rules and regulations to be prescribed by
the Department, except that if such excess payment is shown on an
original monthly return and is made after December 31, 1986, no
credit memorandum shall be issued, unless requested by the taxpayer.
If no such request is made, the taxpayer may credit such excess
payment against tax liability subsequently to be remitted by the
taxpayer to the Department under this Act, the Retailers' Occupation
Tax Act, the Service Occupation Tax Act or the Service Use Tax Act,
in accordance with reasonable rules and regulations prescribed by the
Department. If the Department subsequently determines that all or
any part of the credit taken was not actually due to the taxpayer,
the taxpayer's 2.1% or 1.75% vendor's discount shall be reduced by
2.1% or 1.75% of the difference between the credit taken and that
actually due, and the taxpayer shall be liable for penalties and
interest on such difference.
If the retailer is otherwise required to file a monthly return
and if the retailer's average monthly tax liability to the Department
does not exceed $200, the Department may authorize his returns to be
filed on a quarter annual basis, with the return for January,
February, and March of a given year being due by April 20 of such
3960 JOURNAL OF THE [May 12, 1999]
year; with the return for April, May and June of a given year being
due by July 20 of such year; with the return for July, August and
September of a given year being due by October 20 of such year, and
with the return for October, November and December of a given year
being due by January 20 of the following year.
If the retailer is otherwise required to file a monthly or
quarterly return and if the retailer's average monthly tax liability
to the Department does not exceed $50, the Department may authorize
his returns to be filed on an annual basis, with the return for a
given year being due by January 20 of the following year.
Such quarter annual and annual returns, as to form and substance,
shall be subject to the same requirements as monthly returns.
Notwithstanding any other provision in this Act concerning the
time within which a retailer may file his return, in the case of any
retailer who ceases to engage in a kind of business which makes him
responsible for filing returns under this Act, such retailer shall
file a final return under this Act with the Department not more than
one month after discontinuing such business.
In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with an
agency of this State, every retailer selling this kind of tangible
personal property shall file, with the Department, upon a form to be
prescribed and supplied by the Department, a separate return for each
such item of tangible personal property which the retailer sells,
except that where, in the same transaction, a retailer of aircraft,
watercraft, motor vehicles or trailers transfers more than one
aircraft, watercraft, motor vehicle or trailer to another aircraft,
watercraft, motor vehicle or trailer retailer for the purpose of
resale, that seller for resale may report the transfer of all the
aircraft, watercraft, motor vehicles or trailers involved in that
transaction to the Department on the same uniform invoice-transaction
reporting return form. For purposes of this Section, "watercraft"
means a Class 2, Class 3, or Class 4 watercraft as defined in Section
3-2 of the Boat Registration and Safety Act, a personal watercraft,
or any boat equipped with an inboard motor.
The transaction reporting return in the case of motor vehicles or
trailers that are required to be registered with an agency of this
State, shall be the same document as the Uniform Invoice referred to
in Section 5-402 of the Illinois Vehicle Code and must show the name
and address of the seller; the name and address of the purchaser; the
amount of the selling price including the amount allowed by the
retailer for traded-in property, if any; the amount allowed by the
retailer for the traded-in tangible personal property, if any, to the
extent to which Section 2 of this Act allows an exemption for the
value of traded-in property; the balance payable after deducting such
trade-in allowance from the total selling price; the amount of tax
due from the retailer with respect to such transaction; the amount of
tax collected from the purchaser by the retailer on such transaction
(or satisfactory evidence that such tax is not due in that particular
instance, if that is claimed to be the fact); the place and date of
the sale; a sufficient identification of the property sold; such
other information as is required in Section 5-402 of the Illinois
Vehicle Code, and such other information as the Department may
reasonably require.
The transaction reporting return in the case of watercraft and
aircraft must show the name and address of the seller; the name and
address of the purchaser; the amount of the selling price including
the amount allowed by the retailer for traded-in property, if any;
the amount allowed by the retailer for the traded-in tangible
personal property, if any, to the extent to which Section 2 of this
Act allows an exemption for the value of traded-in property; the
HOUSE OF REPRESENTATIVES 3961
balance payable after deducting such trade-in allowance from the
total selling price; the amount of tax due from the retailer with
respect to such transaction; the amount of tax collected from the
purchaser by the retailer on such transaction (or satisfactory
evidence that such tax is not due in that particular instance, if
that is claimed to be the fact); the place and date of the sale, a
sufficient identification of the property sold, and such other
information as the Department may reasonably require.
Such transaction reporting return shall be filed not later than
20 days after the date of delivery of the item that is being sold,
but may be filed by the retailer at any time sooner than that if he
chooses to do so. The transaction reporting return and tax
remittance or proof of exemption from the tax that is imposed by this
Act may be transmitted to the Department by way of the State agency
with which, or State officer with whom, the tangible personal
property must be titled or registered (if titling or registration is
required) if the Department and such agency or State officer
determine that this procedure will expedite the processing of
applications for title or registration.
With each such transaction reporting return, the retailer shall
remit the proper amount of tax due (or shall submit satisfactory
evidence that the sale is not taxable if that is the case), to the
Department or its agents, whereupon the Department shall issue, in
the purchaser's name, a tax receipt (or a certificate of exemption if
the Department is satisfied that the particular sale is tax exempt)
which such purchaser may submit to the agency with which, or State
officer with whom, he must title or register the tangible personal
property that is involved (if titling or registration is required) in
support of such purchaser's application for an Illinois certificate
or other evidence of title or registration to such tangible personal
property.
No retailer's failure or refusal to remit tax under this Act
precludes a user, who has paid the proper tax to the retailer, from
obtaining his certificate of title or other evidence of title or
registration (if titling or registration is required) upon satisfying
the Department that such user has paid the proper tax (if tax is due)
to the retailer. The Department shall adopt appropriate rules to
carry out the mandate of this paragraph.
If the user who would otherwise pay tax to the retailer wants the
transaction reporting return filed and the payment of tax or proof of
exemption made to the Department before the retailer is willing to
take these actions and such user has not paid the tax to the
retailer, such user may certify to the fact of such delay by the
retailer, and may (upon the Department being satisfied of the truth
of such certification) transmit the information required by the
transaction reporting return and the remittance for tax or proof of
exemption directly to the Department and obtain his tax receipt or
exemption determination, in which event the transaction reporting
return and tax remittance (if a tax payment was required) shall be
credited by the Department to the proper retailer's account with the
Department, but without the 2.1% or 1.75% discount provided for in
this Section being allowed. When the user pays the tax directly to
the Department, he shall pay the tax in the same amount and in the
same form in which it would be remitted if the tax had been remitted
to the Department by the retailer.
Where a retailer collects the tax with respect to the selling
price of tangible personal property which he sells and the purchaser
thereafter returns such tangible personal property and the retailer
refunds the selling price thereof to the purchaser, such retailer
shall also refund, to the purchaser, the tax so collected from the
purchaser. When filing his return for the period in which he refunds
3962 JOURNAL OF THE [May 12, 1999]
such tax to the purchaser, the retailer may deduct the amount of the
tax so refunded by him to the purchaser from any other use tax which
such retailer may be required to pay or remit to the Department, as
shown by such return, if the amount of the tax to be deducted was
previously remitted to the Department by such retailer. If the
retailer has not previously remitted the amount of such tax to the
Department, he is entitled to no deduction under this Act upon
refunding such tax to the purchaser.
Any retailer filing a return under this Section shall also
include (for the purpose of paying tax thereon) the total tax covered
by such return upon the selling price of tangible personal property
purchased by him at retail from a retailer, but as to which the tax
imposed by this Act was not collected from the retailer filing such
return, and such retailer shall remit the amount of such tax to the
Department when filing such return.
If experience indicates such action to be practicable, the
Department may prescribe and furnish a combination or joint return
which will enable retailers, who are required to file returns
hereunder and also under the Retailers' Occupation Tax Act, to
furnish all the return information required by both Acts on the one
form.
Where the retailer has more than one business registered with the
Department under separate registration under this Act, such retailer
may not file each return that is due as a single return covering all
such registered businesses, but shall file separate returns for each
such registered business.
Beginning January 1, 1990, each month the Department shall pay
into the State and Local Sales Tax Reform Fund, a special fund in the
State Treasury which is hereby created, the net revenue realized for
the preceding month from the 1% tax on sales of food for human
consumption which is to be consumed off the premises where it is sold
(other than alcoholic beverages, soft drinks and food which has been
prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances and insulin,
urine testing materials, syringes and needles used by diabetics.
Beginning January 1, 1990, each month the Department shall pay
into the County and Mass Transit District Fund 4% of the net revenue
realized for the preceding month from the 6.25% general rate on the
selling price of tangible personal property which is purchased
outside Illinois at retail from a retailer and which is titled or
registered by an agency of this State's government.
Beginning January 1, 1990, each month the Department shall pay
into the State and Local Sales Tax Reform Fund, a special fund in the
State Treasury, 20% of the net revenue realized for the preceding
month from the 6.25% general rate on the selling price of tangible
personal property, other than tangible personal property which is
purchased outside Illinois at retail from a retailer and which is
titled or registered by an agency of this State's government.
Each month the Department shall pay into the County and Mass
Transit District Fund 20% the net revenue realized for the preceding
month from the 1.25% rate imposed upon the selling price of any motor
vehicle that is purchased outside Illinois at retail by a lessor for
purposes of leasing under a lease subject to the Automobile Leasing
Occupation and Use Tax Act and which is titled or registered by an
agency of this State's government.
Beginning January 1, 1990, each month the Department shall pay
into the Local Government Tax Fund 16% of the net revenue realized
for the preceding month from the 6.25% general rate on the selling
price of tangible personal property which is purchased outside
Illinois at retail from a retailer and which is titled or registered
by an agency of this State's government.
HOUSE OF REPRESENTATIVES 3963
Each month the Department shall pay into the Local Government Tax
Fund 80% of the net revenue realized for the preceding month from the
1.25% rate imposed upon the selling price of any motor vehicle that
is purchased outside Illinois at retail by a lessor for purposes of
leasing under a lease subject to the Automobile Leasing Occupation
and Use Tax Act and which is titled or registered by an agency of
this State's government.
Of the remainder of the moneys received by the Department
pursuant to this Act, and including all moneys received by the
Department under Section 20 of the Automobile Leasing Occupation and
Use Tax Act and including all of the moneys received pursuant to the
5% rate imposed upon the selling price of any motor vehicle that is
purchased from lessors by lessees of such vehicles in connection with
a lease that was subject to the Automobile Leasing Occupation and Use
Tax Act Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the Build
Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after
July 1, 1989, 3.8% thereof shall be paid into the Build Illinois
Fund; provided, however, that if in any fiscal year the sum of (1)
the aggregate of 2.2% or 3.8%, as the case may be, of the moneys
received by the Department and required to be paid into the Build
Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax
Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
Act, and Section 9 of the Service Occupation Tax Act, such Acts being
hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%,
as the case may be, of moneys being hereinafter called the "Tax Act
Amount", and (2) the amount transferred to the Build Illinois Fund
from the State and Local Sales Tax Reform Fund shall be less than the
Annual Specified Amount (as defined in Section 3 of the Retailers'
Occupation Tax Act), an amount equal to the difference shall be
immediately paid into the Build Illinois Fund from other moneys
received by the Department pursuant to the Tax Acts; and further
provided, that if on the last business day of any month the sum of
(1) the Tax Act Amount required to be deposited into the Build
Illinois Bond Account in the Build Illinois Fund during such month
and (2) the amount transferred during such month to the Build
Illinois Fund from the State and Local Sales Tax Reform Fund shall
have been less than 1/12 of the Annual Specified Amount, an amount
equal to the difference shall be immediately paid into the Build
Illinois Fund from other moneys received by the Department pursuant
to the Tax Acts; and, further provided, that in no event shall the
payments required under the preceding proviso result in aggregate
payments into the Build Illinois Fund pursuant to this clause (b) for
any fiscal year in excess of the greater of (i) the Tax Act Amount or
(ii) the Annual Specified Amount for such fiscal year; and, further
provided, that the amounts payable into the Build Illinois Fund under
this clause (b) shall be payable only until such time as the
aggregate amount on deposit under each trust indenture securing Bonds
issued and outstanding pursuant to the Build Illinois Bond Act is
sufficient, taking into account any future investment income, to
fully provide, in accordance with such indenture, for the defeasance
of or the payment of the principal of, premium, if any, and interest
on the Bonds secured by such indenture and on any Bonds expected to
be issued thereafter and all fees and costs payable with respect
thereto, all as certified by the Director of the Bureau of the
Budget. If on the last business day of any month in which Bonds are
outstanding pursuant to the Build Illinois Bond Act, the aggregate of
the moneys deposited in the Build Illinois Bond Account in the Build
Illinois Fund in such month shall be less than the amount required to
be transferred in such month from the Build Illinois Bond Account to
the Build Illinois Bond Retirement and Interest Fund pursuant to
3964 JOURNAL OF THE [May 12, 1999]
Section 13 of the Build Illinois Bond Act, an amount equal to such
deficiency shall be immediately paid from other moneys received by
the Department pursuant to the Tax Acts to the Build Illinois Fund;
provided, however, that any amounts paid to the Build Illinois Fund
in any fiscal year pursuant to this sentence shall be deemed to
constitute payments pursuant to clause (b) of the preceding sentence
and shall reduce the amount otherwise payable for such fiscal year
pursuant to clause (b) of the preceding sentence. The moneys
received by the Department pursuant to this Act and required to be
deposited into the Build Illinois Fund are subject to the pledge,
claim and charge set forth in Section 12 of the Build Illinois Bond
Act.
Subject to payment of amounts into the Build Illinois Fund as
provided in the preceding paragraph or in any amendment thereto
hereafter enacted, the following specified monthly installment of the
amount requested in the certificate of the Chairman of the
Metropolitan Pier and Exposition Authority provided under Section
8.25f of the State Finance Act, but not in excess of the sums
designated as "Total Deposit", shall be deposited in the aggregate
from collections under Section 9 of the Use Tax Act, Section 9 of the
Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and
Section 3 of the Retailers' Occupation Tax Act into the McCormick
Place Expansion Project Fund in the specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 84,000,000
2003 89,000,000
2004 93,000,000
2005 97,000,000
2006 102,000,000
2007 and 106,000,000
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority
Act, but not after fiscal year 2029.
Beginning July 20, 1993 and in each month of each fiscal year
thereafter, one-eighth of the amount requested in the certificate of
the Chairman of the Metropolitan Pier and Exposition Authority for
that fiscal year, less the amount deposited into the McCormick Place
Expansion Project Fund by the State Treasurer in the respective month
under subsection (g) of Section 13 of the Metropolitan Pier and
Exposition Authority Act, plus cumulative deficiencies in the
deposits required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project Fund,
until the full amount requested for the fiscal year, but not in
excess of the amount specified above as "Total Deposit", has been
deposited.
Subject to payment of amounts into the Build Illinois Fund and
the McCormick Place Expansion Project Fund pursuant to the preceding
paragraphs or in any amendment thereto hereafter enacted, each month
HOUSE OF REPRESENTATIVES 3965
the Department shall pay into the Local Government Distributive Fund
.4% of the net revenue realized for the preceding month from the 5%
general rate, or .4% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate, as the case may be, on
the selling price of tangible personal property which amount shall,
subject to appropriation, be distributed as provided in Section 2 of
the State Revenue Sharing Act. No payments or distributions pursuant
to this paragraph shall be made if the tax imposed by this Act on
photoprocessing products is declared unconstitutional, or if the
proceeds from such tax are unavailable for distribution because of
litigation.
Subject to payment of amounts into the Build Illinois Fund, the
McCormick Place Expansion Project Fund, and the Local Government
Distributive Fund pursuant to the preceding paragraphs or in any
amendments thereto hereafter enacted, beginning July 1, 1993, the
Department shall each month pay into the Illinois Tax Increment Fund
0.27% of 80% of the net revenue realized for the preceding month from
the 6.25% general rate on the selling price of tangible personal
property.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the State
Treasury and 25% shall be reserved in a special account and used only
for the transfer to the Common School Fund as part of the monthly
transfer from the General Revenue Fund in accordance with Section 8a
of the State Finance Act.
As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller shall
order transferred and the Treasurer shall transfer from the General
Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of
80% of the net revenue realized under this Act for the second
preceding month; except that this transfer shall not be made for the
months February through June of 1992.
Net revenue realized for a month shall be the revenue collected
by the State pursuant to this Act, less the amount paid out during
that month as refunds to taxpayers for overpayment of liability.
For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail in
Illinois by numerous retailers, and who wish to do so, may assume the
responsibility for accounting and paying to the Department all tax
accruing under this Act with respect to such sales, if the retailers
who are affected do not make written objection to the Department to
this arrangement.
(Source: P.A. 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-491, eff.
1-1-99; 90-612, eff. 7-8-98.)
Section 90. The Retailers' Occupation Tax Act is amended by
changing Sections 1c, 2-10, and 3 as follows:
(35 ILCS 120/1c) (from Ch. 120, par. 440c)
Sec. 1c. A person who is engaged in the business of leasing or
renting motor vehicles to others and who, in connection with such
business sells any used motor vehicle to a purchaser for his use and
not for the purpose of resale, is a retailer engaged in the business
of selling tangible personal property at retail under this Act to the
extent of the value of the vehicle sold. For the purpose of this
Section, "motor vehicle" means any motor vehicle of the first
division, a motor vehicle of the second division which is a
self-contained motor vehicle designed or permanently converted to
provide living quarters for recreational, camping or travel use, with
direct walk through access to the living quarters from the driver's
seat, or a motor vehicle of a second division which is of the van
configuration designed for the transportation of not less than 7 nor
more than 16 passengers, as defined in Section 1-146 of the Illinois
3966 JOURNAL OF THE [May 12, 1999]
Vehicle Code. For the purpose of this Section "motor vehicle" has the
meaning prescribed in Section 1-157 of The Illinois Vehicle Code, as
now or hereafter amended. (Nothing provided herein shall affect
liability incurred under this Act because of the sale at retail of
such motor vehicles to a lessor.)
(Source: P.A. 80-598.)
(35 ILCS 120/2-10) (from Ch. 120, par. 441-10)
Sec. 2-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of gross
receipts from sales of tangible personal property made in the course
of business.
With respect to gasohol, as defined in the Use Tax Act, the tax
imposed by this Act applies to 70% of the proceeds of sales made on
or after January 1, 1990, and before July 1, 2003, and to 100% of the
proceeds of sales made thereafter.
With respect to food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic beverages,
soft drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines, drugs,
medical appliances, modifications to a motor vehicle for the purpose
of rendering it usable by a disabled person, and insulin, urine
testing materials, syringes, and needles used by diabetics, for human
use, the tax is imposed at the rate of 1%. For the purposes of this
Section, the term "soft drinks" means any complete, finished,
ready-to-use, non-alcoholic drink, whether carbonated or not,
including but not limited to soda water, cola, fruit juice, vegetable
juice, carbonated water, and all other preparations commonly known as
soft drinks of whatever kind or description that are contained in any
closed or sealed bottle, can, carton, or container, regardless of
size. "Soft drinks" does not include coffee, tea, non-carbonated
water, infant formula, milk or milk products as defined in the Grade
A Pasteurized Milk and Milk Products Act, or drinks containing 50% or
more natural fruit or vegetable juice.
Notwithstanding any other provisions of this Act, "food for human
consumption that is to be consumed off the premises where it is sold"
includes all food sold through a vending machine, except soft drinks
and food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
With respect to any motor vehicle (as the term "motor vehicle" is
defined in Section 1c of this Act) that is sold to a lessor for
purposes of leasing under a lease subject to the Automobile Leasing
Occupation and Use Tax Act, the tax is imposed at the rate of 1.25%.
With respect to any motor vehicle (as the term "motor vehicle" is
defined in Section 1c of this Act) that has been leased by a lessor
to a lessee under a lease that is subject to the Automobile Leasing
Occupation and Use Tax Act, and is subsequently sold to the lessee of
such vehicle, the tax is imposed at the rate of 5%.
(Source: P.A. 89-359, eff. 8-17-95; 89-420, eff. 6-1-96; 89-463, eff.
5-31-96; 89-626, eff. 8-9-96; 90-605, eff. 6-30-98; 90-606, eff.
6-30-98.)
(35 ILCS 120/3) (from Ch. 120, par. 442)
Sec. 3. Except as provided in this Section, on or before the
twentieth day of each calendar month, every person engaged in the
business of selling tangible personal property at retail in this
State during the preceding calendar month shall file a return with
the Department, stating:
1. The name of the seller;
2. His residence address and the address of his principal
place of business and the address of the principal place of
business (if that is a different address) from which he engages
in the business of selling tangible personal property at retail
HOUSE OF REPRESENTATIVES 3967
in this State;
3. Total amount of receipts received by him during the
preceding calendar month or quarter, as the case may be, from
sales of tangible personal property, and from services furnished,
by him during such preceding calendar month or quarter;
4. Total amount received by him during the preceding
calendar month or quarter on charge and time sales of tangible
personal property, and from services furnished, by him prior to
the month or quarter for which the return is filed;
5. Deductions allowed by law;
6. Gross receipts which were received by him during the
preceding calendar month or quarter and upon the basis of which
the tax is imposed;
7. The amount of credit provided in Section 2d of this Act;
8. The amount of tax due;
9. The signature of the taxpayer; and
10. Such other reasonable information as the Department may
require.
If a taxpayer fails to sign a return within 30 days after the
proper notice and demand for signature by the Department, the return
shall be considered valid and any amount shown to be due on the
return shall be deemed assessed.
Each return shall be accompanied by the statement of prepaid tax
issued pursuant to Section 2e for which credit is claimed.
A retailer may accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Use Tax as provided
in Section 3-85 of the Use Tax Act if the purchaser provides the
appropriate documentation as required by Section 3-85 of the Use Tax
Act. A Manufacturer's Purchase Credit certification, accepted by a
retailer as provided in Section 3-85 of the Use Tax Act, may be used
by that retailer to satisfy Retailers' Occupation Tax liability in
the amount claimed in the certification, not to exceed 6.25% of the
receipts subject to tax from a qualifying purchase.
The Department may require returns to be filed on a quarterly
basis. If so required, a return for each calendar quarter shall be
filed on or before the twentieth day of the calendar month following
the end of such calendar quarter. The taxpayer shall also file a
return with the Department for each of the first two months of each
calendar quarter, on or before the twentieth day of the following
calendar month, stating:
1. The name of the seller;
2. The address of the principal place of business from
which he engages in the business of selling tangible personal
property at retail in this State;
3. The total amount of taxable receipts received by him
during the preceding calendar month from sales of tangible
personal property by him during such preceding calendar month,
including receipts from charge and time sales, but less all
deductions allowed by law;
4. The amount of credit provided in Section 2d of this Act;
5. The amount of tax due; and
6. Such other reasonable information as the Department may
require.
If a total amount of less than $1 is payable, refundable or
creditable, such amount shall be disregarded if it is less than 50
cents and shall be increased to $1 if it is 50 cents or more.
Beginning October 1, 1993, a taxpayer who has an average monthly
tax liability of $150,000 or more shall make all payments required by
rules of the Department by electronic funds transfer. Beginning
October 1, 1994, a taxpayer who has an average monthly tax liability
of $100,000 or more shall make all payments required by rules of the
3968 JOURNAL OF THE [May 12, 1999]
Department by electronic funds transfer. Beginning October 1, 1995,
a taxpayer who has an average monthly tax liability of $50,000 or
more shall make all payments required by rules of the Department by
electronic funds transfer. The term "average monthly tax liability"
shall be the sum of the taxpayer's liabilities under this Act, and
under all other State and local occupation and use tax laws
administered by the Department, for the immediately preceding
calendar year divided by 12.
Before August 1 of each year beginning in 1993, the Department
shall notify all taxpayers required to make payments by electronic
funds transfer. All taxpayers required to make payments by
electronic funds transfer shall make those payments for a minimum of
one year beginning on October 1.
Any taxpayer not required to make payments by electronic funds
transfer may make payments by electronic funds transfer with the
permission of the Department.
All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make payments by
electronic funds transfer shall make those payments in the manner
authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Any amount which is required to be shown or reported on any
return or other document under this Act shall, if such amount is not
a whole-dollar amount, be increased to the nearest whole-dollar
amount in any case where the fractional part of a dollar is 50 cents
or more, and decreased to the nearest whole-dollar amount where the
fractional part of a dollar is less than 50 cents.
If the retailer is otherwise required to file a monthly return
and if the retailer's average monthly tax liability to the Department
does not exceed $200, the Department may authorize his returns to be
filed on a quarter annual basis, with the return for January,
February and March of a given year being due by April 20 of such
year; with the return for April, May and June of a given year being
due by July 20 of such year; with the return for July, August and
September of a given year being due by October 20 of such year, and
with the return for October, November and December of a given year
being due by January 20 of the following year.
If the retailer is otherwise required to file a monthly or
quarterly return and if the retailer's average monthly tax liability
with the Department does not exceed $50, the Department may authorize
his returns to be filed on an annual basis, with the return for a
given year being due by January 20 of the following year.
Such quarter annual and annual returns, as to form and substance,
shall be subject to the same requirements as monthly returns.
Notwithstanding any other provision in this Act concerning the
time within which a retailer may file his return, in the case of any
retailer who ceases to engage in a kind of business which makes him
responsible for filing returns under this Act, such retailer shall
file a final return under this Act with the Department not more than
one month after discontinuing such business.
Where the same person has more than one business registered with
the Department under separate registrations under this Act, such
person may not file each return that is due as a single return
covering all such registered businesses, but shall file separate
returns for each such registered business.
In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with an
agency of this State, every retailer selling this kind of tangible
personal property shall file, with the Department, upon a form to be
HOUSE OF REPRESENTATIVES 3969
prescribed and supplied by the Department, a separate return for each
such item of tangible personal property which the retailer sells,
except that where, in the same transaction, a retailer of aircraft,
watercraft, motor vehicles or trailers transfers more than one
aircraft, watercraft, motor vehicle or trailer to another aircraft,
watercraft, motor vehicle retailer or trailer retailer for the
purpose of resale, that seller for resale may report the transfer of
all aircraft, watercraft, motor vehicles or trailers involved in that
transaction to the Department on the same uniform invoice-transaction
reporting return form. For purposes of this Section, "watercraft"
means a Class 2, Class 3, or Class 4 watercraft as defined in Section
3-2 of the Boat Registration and Safety Act, a personal watercraft,
or any boat equipped with an inboard motor.
Any retailer who sells only motor vehicles, watercraft, aircraft,
or trailers that are required to be registered with an agency of this
State, so that all retailers' occupation tax liability is required to
be reported, and is reported, on such transaction reporting returns
and who is not otherwise required to file monthly or quarterly
returns, need not file monthly or quarterly returns. However, those
retailers shall be required to file returns on an annual basis.
The transaction reporting return, in the case of motor vehicles
or trailers that are required to be registered with an agency of this
State, shall be the same document as the Uniform Invoice referred to
in Section 5-402 of The Illinois Vehicle Code and must show the name
and address of the seller; the name and address of the purchaser; the
amount of the selling price including the amount allowed by the
retailer for traded-in property, if any; the amount allowed by the
retailer for the traded-in tangible personal property, if any, to the
extent to which Section 1 of this Act allows an exemption for the
value of traded-in property; the balance payable after deducting such
trade-in allowance from the total selling price; the amount of tax
due from the retailer with respect to such transaction; the amount of
tax collected from the purchaser by the retailer on such transaction
(or satisfactory evidence that such tax is not due in that particular
instance, if that is claimed to be the fact); the place and date of
the sale; a sufficient identification of the property sold; such
other information as is required in Section 5-402 of The Illinois
Vehicle Code, and such other information as the Department may
reasonably require.
The transaction reporting return in the case of watercraft or
aircraft must show the name and address of the seller; the name and
address of the purchaser; the amount of the selling price including
the amount allowed by the retailer for traded-in property, if any;
the amount allowed by the retailer for the traded-in tangible
personal property, if any, to the extent to which Section 1 of this
Act allows an exemption for the value of traded-in property; the
balance payable after deducting such trade-in allowance from the
total selling price; the amount of tax due from the retailer with
respect to such transaction; the amount of tax collected from the
purchaser by the retailer on such transaction (or satisfactory
evidence that such tax is not due in that particular instance, if
that is claimed to be the fact); the place and date of the sale, a
sufficient identification of the property sold, and such other
information as the Department may reasonably require.
Such transaction reporting return shall be filed not later than
20 days after the day of delivery of the item that is being sold, but
may be filed by the retailer at any time sooner than that if he
chooses to do so. The transaction reporting return and tax
remittance or proof of exemption from the Illinois use tax may be
transmitted to the Department by way of the State agency with which,
or State officer with whom the tangible personal property must be
3970 JOURNAL OF THE [May 12, 1999]
titled or registered (if titling or registration is required) if the
Department and such agency or State officer determine that this
procedure will expedite the processing of applications for title or
registration.
With each such transaction reporting return, the retailer shall
remit the proper amount of tax due (or shall submit satisfactory
evidence that the sale is not taxable if that is the case), to the
Department or its agents, whereupon the Department shall issue, in
the purchaser's name, a use tax receipt (or a certificate of
exemption if the Department is satisfied that the particular sale is
tax exempt) which such purchaser may submit to the agency with which,
or State officer with whom, he must title or register the tangible
personal property that is involved (if titling or registration is
required) in support of such purchaser's application for an Illinois
certificate or other evidence of title or registration to such
tangible personal property.
No retailer's failure or refusal to remit tax under this Act
precludes a user, who has paid the proper tax to the retailer, from
obtaining his certificate of title or other evidence of title or
registration (if titling or registration is required) upon satisfying
the Department that such user has paid the proper tax (if tax is due)
to the retailer. The Department shall adopt appropriate rules to
carry out the mandate of this paragraph.
If the user who would otherwise pay tax to the retailer wants the
transaction reporting return filed and the payment of the tax or
proof of exemption made to the Department before the retailer is
willing to take these actions and such user has not paid the tax to
the retailer, such user may certify to the fact of such delay by the
retailer and may (upon the Department being satisfied of the truth of
such certification) transmit the information required by the
transaction reporting return and the remittance for tax or proof of
exemption directly to the Department and obtain his tax receipt or
exemption determination, in which event the transaction reporting
return and tax remittance (if a tax payment was required) shall be
credited by the Department to the proper retailer's account with the
Department, but without the 2.1% or 1.75% discount provided for in
this Section being allowed. When the user pays the tax directly to
the Department, he shall pay the tax in the same amount and in the
same form in which it would be remitted if the tax had been remitted
to the Department by the retailer.
Refunds made by the seller during the preceding return period to
purchasers, on account of tangible personal property returned to the
seller, shall be allowed as a deduction under subdivision 5 of his
monthly or quarterly return, as the case may be, in case the seller
had theretofore included the receipts from the sale of such tangible
personal property in a return filed by him and had paid the tax
imposed by this Act with respect to such receipts.
Where the seller is a corporation, the return filed on behalf of
such corporation shall be signed by the president, vice-president,
secretary or treasurer or by the properly accredited agent of such
corporation.
Where the seller is a limited liability company, the return filed
on behalf of the limited liability company shall be signed by a
manager, member, or properly accredited agent of the limited
liability company.
Except as provided in this Section, the retailer filing the
return under this Section shall, at the time of filing such return,
pay to the Department the amount of tax imposed by this Act less a
discount of 2.1% prior to January 1, 1990 and 1.75% on and after
January 1, 1990, or $5 per calendar year, whichever is greater, which
is allowed to reimburse the retailer for the expenses incurred in
HOUSE OF REPRESENTATIVES 3971
keeping records, preparing and filing returns, remitting the tax and
supplying data to the Department on request. Any prepayment made
pursuant to Section 2d of this Act shall be included in the amount on
which such 2.1% or 1.75% discount is computed. In the case of
retailers who report and pay the tax on a transaction by transaction
basis, as provided in this Section, such discount shall be taken with
each such tax remittance instead of when such retailer files his
periodic return.
If the taxpayer's average monthly tax liability to the Department
under this Act, the Use Tax Act, the Service Occupation Tax Act, and
the Service Use Tax Act, excluding any liability for prepaid sales
tax to be remitted in accordance with Section 2d of this Act, was
$10,000 or more during the preceding 4 complete calendar quarters, he
shall file a return with the Department each month by the 20th day of
the month next following the month during which such tax liability is
incurred and shall make payments to the Department on or before the
7th, 15th, 22nd and last day of the month during which such liability
is incurred. If the month during which such tax liability is
incurred began prior to January 1, 1985, each payment shall be in an
amount equal to 1/4 of the taxpayer's actual liability for the month
or an amount set by the Department not to exceed 1/4 of the average
monthly liability of the taxpayer to the Department for the preceding
4 complete calendar quarters (excluding the month of highest
liability and the month of lowest liability in such 4 quarter
period). If the month during which such tax liability is incurred
begins on or after January 1, 1985 and prior to January 1, 1987, each
payment shall be in an amount equal to 22.5% of the taxpayer's actual
liability for the month or 27.5% of the taxpayer's liability for the
same calendar month of the preceding year. If the month during which
such tax liability is incurred begins on or after January 1, 1987 and
prior to January 1, 1988, each payment shall be in an amount equal to
22.5% of the taxpayer's actual liability for the month or 26.25% of
the taxpayer's liability for the same calendar month of the preceding
year. If the month during which such tax liability is incurred
begins on or after January 1, 1988, and prior to January 1, 1989, or
begins on or after January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for the
month or 25% of the taxpayer's liability for the same calendar month
of the preceding year. If the month during which such tax liability
is incurred begins on or after January 1, 1989, and prior to January
1, 1996, each payment shall be in an amount equal to 22.5% of the
taxpayer's actual liability for the month or 25% of the taxpayer's
liability for the same calendar month of the preceding year or 100%
of the taxpayer's actual liability for the quarter monthly reporting
period. The amount of such quarter monthly payments shall be
credited against the final tax liability of the taxpayer's return for
that month. Once applicable, the requirement of the making of
quarter monthly payments to the Department by taxpayers having an
average monthly tax liability of $10,000 or more as determined in the
manner provided above shall continue until such taxpayer's average
monthly liability to the Department during the preceding 4 complete
calendar quarters (excluding the month of highest liability and the
month of lowest liability) is less than $9,000, or until such
taxpayer's average monthly liability to the Department as computed
for each calendar quarter of the 4 preceding complete calendar
quarter period is less than $10,000. However, if a taxpayer can show
the Department that a substantial change in the taxpayer's business
has occurred which causes the taxpayer to anticipate that his average
monthly tax liability for the reasonably foreseeable future will fall
below $10,000, then such taxpayer may petition the Department for a
change in such taxpayer's reporting status. The Department shall
3972 JOURNAL OF THE [May 12, 1999]
change such taxpayer's reporting status unless it finds that such
change is seasonal in nature and not likely to be long term. If any
such quarter monthly payment is not paid at the time or in the amount
required by this Section, then the taxpayer shall be liable for
penalties and interest on the difference between the minimum amount
due as a payment and the amount of such quarter monthly payment
actually and timely paid, except insofar as the taxpayer has
previously made payments for that month to the Department in excess
of the minimum payments previously due as provided in this Section.
The Department shall make reasonable rules and regulations to govern
the quarter monthly payment amount and quarter monthly payment dates
for taxpayers who file on other than a calendar monthly basis.
Without regard to whether a taxpayer is required to make quarter
monthly payments as specified above, any taxpayer who is required by
Section 2d of this Act to collect and remit prepaid taxes and has
collected prepaid taxes which average in excess of $25,000 per month
during the preceding 2 complete calendar quarters, shall file a
return with the Department as required by Section 2f and shall make
payments to the Department on or before the 7th, 15th, 22nd and last
day of the month during which such liability is incurred. If the
month during which such tax liability is incurred began prior to the
effective date of this amendatory Act of 1985, each payment shall be
in an amount not less than 22.5% of the taxpayer's actual liability
under Section 2d. If the month during which such tax liability is
incurred begins on or after January 1, 1986, each payment shall be in
an amount equal to 22.5% of the taxpayer's actual liability for the
month or 27.5% of the taxpayer's liability for the same calendar
month of the preceding calendar year. If the month during which such
tax liability is incurred begins on or after January 1, 1987, each
payment shall be in an amount equal to 22.5% of the taxpayer's actual
liability for the month or 26.25% of the taxpayer's liability for the
same calendar month of the preceding year. The amount of such
quarter monthly payments shall be credited against the final tax
liability of the taxpayer's return for that month filed under this
Section or Section 2f, as the case may be. Once applicable, the
requirement of the making of quarter monthly payments to the
Department pursuant to this paragraph shall continue until such
taxpayer's average monthly prepaid tax collections during the
preceding 2 complete calendar quarters is $25,000 or less. If any
such quarter monthly payment is not paid at the time or in the amount
required, the taxpayer shall be liable for penalties and interest on
such difference, except insofar as the taxpayer has previously made
payments for that month in excess of the minimum payments previously
due.
If any payment provided for in this Section exceeds the
taxpayer's liabilities under this Act, the Use Tax Act, the Service
Occupation Tax Act and the Service Use Tax Act, as shown on an
original monthly return, the Department shall, if requested by the
taxpayer, issue to the taxpayer a credit memorandum no later than 30
days after the date of payment. The credit evidenced by such credit
memorandum may be assigned by the taxpayer to a similar taxpayer
under this Act, the Use Tax Act, the Service Occupation Tax Act or
the Service Use Tax Act, in accordance with reasonable rules and
regulations to be prescribed by the Department. If no such request
is made, the taxpayer may credit such excess payment against tax
liability subsequently to be remitted to the Department under this
Act, the Use Tax Act, the Service Occupation Tax Act or the Service
Use Tax Act, in accordance with reasonable rules and regulations
prescribed by the Department. If the Department subsequently
determined that all or any part of the credit taken was not actually
due to the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
HOUSE OF REPRESENTATIVES 3973
shall be reduced by 2.1% or 1.75% of the difference between the
credit taken and that actually due, and that taxpayer shall be liable
for penalties and interest on such difference.
If a retailer of motor fuel is entitled to a credit under Section
2d of this Act which exceeds the taxpayer's liability to the
Department under this Act for the month which the taxpayer is filing
a return, the Department shall issue the taxpayer a credit memorandum
for the excess.
Beginning January 1, 1990, each month the Department shall pay
into the Local Government Tax Fund, a special fund in the State
treasury which is hereby created, the net revenue realized for the
preceding month from the 1% tax on sales of food for human
consumption which is to be consumed off the premises where it is sold
(other than alcoholic beverages, soft drinks and food which has been
prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances and insulin,
urine testing materials, syringes and needles used by diabetics.
Beginning January 1, 1990, each month the Department shall pay
into the County and Mass Transit District Fund, a special fund in the
State treasury which is hereby created, 4% of the net revenue
realized for the preceding month from the 6.25% general rate.
Each month the Department shall pay into the County and Mass
Transit District Fund 20% of the net revenue realized for the
preceding month from the 1.25% rate imposed upon the sale of any
motor vehicle that is sold at retail to a lessor for purposes of
leasing under a lease subject to the Automobile Leasing Occupation
and Use Tax Act.
Beginning January 1, 1990, each month the Department shall pay
into the Local Government Tax Fund 16% of the net revenue realized
for the preceding month from the 6.25% general rate on the selling
price of tangible personal property.
Each month the Department shall pay into the Local Government Tax
Fund 80% of the net revenue realized for the preceding month from the
1.25% rate imposed upon the sale of any motor vehicle that is sold at
retail to a lessor for purposes of leasing under a lease subject to
the Automobile Leasing Occupation and Use Tax Act.
Of the remainder of the moneys received by the Department
pursuant to this Act, and including all moneys received by the
Department pursuant to Section 10 of the Automobile Leasing
Occupation and Use Tax Act, and including all of the moneys received
pursuant to the 5% rate imposed upon sales of motor vehicles by
lessors to the lessees of such vehicles in connection with a lease
that was subject to the Automobile Leasing Occupation and Use Tax Act
Of the remainder of the moneys received by the Department pursuant to
this Act, (a) 1.75% thereof shall be paid into the Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1,
1989, 3.8% thereof shall be paid into the Build Illinois Fund;
provided, however, that if in any fiscal year the sum of (1) the
aggregate of 2.2% or 3.8%, as the case may be, of the moneys received
by the Department and required to be paid into the Build Illinois
Fund pursuant to this Act, Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, and Section 9 of the Service Occupation Tax
Act, such Acts being hereinafter called the "Tax Acts" and such
aggregate of 2.2% or 3.8%, as the case may be, of moneys being
hereinafter called the "Tax Act Amount", and (2) the amount
transferred to the Build Illinois Fund from the State and Local Sales
Tax Reform Fund shall be less than the Annual Specified Amount (as
hereinafter defined), an amount equal to the difference shall be
immediately paid into the Build Illinois Fund from other moneys
received by the Department pursuant to the Tax Acts; the "Annual
Specified Amount" means the amounts specified below for fiscal years
3974 JOURNAL OF THE [May 12, 1999]
1986 through 1993:
Fiscal Year Annual Specified Amount
1986 $54,800,000
1987 $76,650,000
1988 $80,480,000
1989 $88,510,000
1990 $115,330,000
1991 $145,470,000
1992 $182,730,000
1993 $206,520,000;
and means the Certified Annual Debt Service Requirement (as defined
in Section 13 of the Build Illinois Bond Act) or the Tax Act Amount,
whichever is greater, for fiscal year 1994 and each fiscal year
thereafter; and further provided, that if on the last business day of
any month the sum of (1) the Tax Act Amount required to be deposited
into the Build Illinois Bond Account in the Build Illinois Fund
during such month and (2) the amount transferred to the Build
Illinois Fund from the State and Local Sales Tax Reform Fund shall
have been less than 1/12 of the Annual Specified Amount, an amount
equal to the difference shall be immediately paid into the Build
Illinois Fund from other moneys received by the Department pursuant
to the Tax Acts; and, further provided, that in no event shall the
payments required under the preceding proviso result in aggregate
payments into the Build Illinois Fund pursuant to this clause (b) for
any fiscal year in excess of the greater of (i) the Tax Act Amount or
(ii) the Annual Specified Amount for such fiscal year. The amounts
payable into the Build Illinois Fund under clause (b) of the first
sentence in this paragraph shall be payable only until such time as
the aggregate amount on deposit under each trust indenture securing
Bonds issued and outstanding pursuant to the Build Illinois Bond Act
is sufficient, taking into account any future investment income, to
fully provide, in accordance with such indenture, for the defeasance
of or the payment of the principal of, premium, if any, and interest
on the Bonds secured by such indenture and on any Bonds expected to
be issued thereafter and all fees and costs payable with respect
thereto, all as certified by the Director of the Bureau of the
Budget. If on the last business day of any month in which Bonds are
outstanding pursuant to the Build Illinois Bond Act, the aggregate of
moneys deposited in the Build Illinois Bond Account in the Build
Illinois Fund in such month shall be less than the amount required to
be transferred in such month from the Build Illinois Bond Account to
the Build Illinois Bond Retirement and Interest Fund pursuant to
Section 13 of the Build Illinois Bond Act, an amount equal to such
deficiency shall be immediately paid from other moneys received by
the Department pursuant to the Tax Acts to the Build Illinois Fund;
provided, however, that any amounts paid to the Build Illinois Fund
in any fiscal year pursuant to this sentence shall be deemed to
constitute payments pursuant to clause (b) of the first sentence of
this paragraph and shall reduce the amount otherwise payable for such
fiscal year pursuant to that clause (b). The moneys received by the
Department pursuant to this Act and required to be deposited into the
Build Illinois Fund are subject to the pledge, claim and charge set
forth in Section 12 of the Build Illinois Bond Act.
Subject to payment of amounts into the Build Illinois Fund as
provided in the preceding paragraph or in any amendment thereto
hereafter enacted, the following specified monthly installment of the
amount requested in the certificate of the Chairman of the
Metropolitan Pier and Exposition Authority provided under Section
8.25f of the State Finance Act, but not in excess of sums designated
as "Total Deposit", shall be deposited in the aggregate from
collections under Section 9 of the Use Tax Act, Section 9 of the
HOUSE OF REPRESENTATIVES 3975
Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and
Section 3 of the Retailers' Occupation Tax Act into the McCormick
Place Expansion Project Fund in the specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 84,000,000
2003 89,000,000
2004 93,000,000
2005 97,000,000
2006 102,000,000
2007 and 106,000,000
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority
Act, but not after fiscal year 2029.
Beginning July 20, 1993 and in each month of each fiscal year
thereafter, one-eighth of the amount requested in the certificate of
the Chairman of the Metropolitan Pier and Exposition Authority for
that fiscal year, less the amount deposited into the McCormick Place
Expansion Project Fund by the State Treasurer in the respective month
under subsection (g) of Section 13 of the Metropolitan Pier and
Exposition Authority Act, plus cumulative deficiencies in the
deposits required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project Fund,
until the full amount requested for the fiscal year, but not in
excess of the amount specified above as "Total Deposit", has been
deposited.
Subject to payment of amounts into the Build Illinois Fund and
the McCormick Place Expansion Project Fund pursuant to the preceding
paragraphs or in any amendment thereto hereafter enacted, each month
the Department shall pay into the Local Government Distributive Fund
0.4% of the net revenue realized for the preceding month from the 5%
general rate or 0.4% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate, as the case may be, on
the selling price of tangible personal property which amount shall,
subject to appropriation, be distributed as provided in Section 2 of
the State Revenue Sharing Act. No payments or distributions pursuant
to this paragraph shall be made if the tax imposed by this Act on
photoprocessing products is declared unconstitutional, or if the
proceeds from such tax are unavailable for distribution because of
litigation.
Subject to payment of amounts into the Build Illinois Fund, the
McCormick Place Expansion Project to the preceding paragraphs or in
any amendments thereto hereafter enacted, beginning July 1, 1993, the
Department shall each month pay into the Illinois Tax Increment Fund
0.27% of 80% of the net revenue realized for the preceding month from
the 6.25% general rate on the selling price of tangible personal
property.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the State
3976 JOURNAL OF THE [May 12, 1999]
Treasury and 25% shall be reserved in a special account and used only
for the transfer to the Common School Fund as part of the monthly
transfer from the General Revenue Fund in accordance with Section 8a
of the State Finance Act.
The Department may, upon separate written notice to a taxpayer,
require the taxpayer to prepare and file with the Department on a
form prescribed by the Department within not less than 60 days after
receipt of the notice an annual information return for the tax year
specified in the notice. Such annual return to the Department shall
include a statement of gross receipts as shown by the retailer's last
Federal income tax return. If the total receipts of the business as
reported in the Federal income tax return do not agree with the gross
receipts reported to the Department of Revenue for the same period,
the retailer shall attach to his annual return a schedule showing a
reconciliation of the 2 amounts and the reasons for the difference.
The retailer's annual return to the Department shall also disclose
the cost of goods sold by the retailer during the year covered by
such return, opening and closing inventories of such goods for such
year, costs of goods used from stock or taken from stock and given
away by the retailer during such year, payroll information of the
retailer's business during such year and any additional reasonable
information which the Department deems would be helpful in
determining the accuracy of the monthly, quarterly or annual returns
filed by such retailer as provided for in this Section.
If the annual information return required by this Section is not
filed when and as required, the taxpayer shall be liable as follows:
(i) Until January 1, 1994, the taxpayer shall be liable for
a penalty equal to 1/6 of 1% of the tax due from such taxpayer
under this Act during the period to be covered by the annual
return for each month or fraction of a month until such return is
filed as required, the penalty to be assessed and collected in
the same manner as any other penalty provided for in this Act.
(ii) On and after January 1, 1994, the taxpayer shall be
liable for a penalty as described in Section 3-4 of the Uniform
Penalty and Interest Act.
The chief executive officer, proprietor, owner or highest ranking
manager shall sign the annual return to certify the accuracy of the
information contained therein. Any person who willfully signs the
annual return containing false or inaccurate information shall be
guilty of perjury and punished accordingly. The annual return form
prescribed by the Department shall include a warning that the person
signing the return may be liable for perjury.
The provisions of this Section concerning the filing of an annual
information return do not apply to a retailer who is not required to
file an income tax return with the United States Government.
As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller shall
order transferred and the Treasurer shall transfer from the General
Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of
80% of the net revenue realized under this Act for the second
preceding month; except that this transfer shall not be made for the
months February through June, 1992.
Net revenue realized for a month shall be the revenue collected
by the State pursuant to this Act, less the amount paid out during
that month as refunds to taxpayers for overpayment of liability.
For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail in
Illinois by numerous retailers, and who wish to do so, may assume the
responsibility for accounting and paying to the Department all tax
accruing under this Act with respect to such sales, if the retailers
who are affected do not make written objection to the Department to
HOUSE OF REPRESENTATIVES 3977
this arrangement.
Any person who promotes, organizes, provides retail selling space
for concessionaires or other types of sellers at the Illinois State
Fair, DuQuoin State Fair, county fairs, local fairs, art shows, flea
markets and similar exhibitions or events, including any transient
merchant as defined by Section 2 of the Transient Merchant Act of
1987, is required to file a report with the Department providing the
name of the merchant's business, the name of the person or persons
engaged in merchant's business, the permanent address and Illinois
Retailers Occupation Tax Registration Number of the merchant, the
dates and location of the event and other reasonable information that
the Department may require. The report must be filed not later than
the 20th day of the month next following the month during which the
event with retail sales was held. Any person who fails to file a
report required by this Section commits a business offense and is
subject to a fine not to exceed $250.
Any person engaged in the business of selling tangible personal
property at retail as a concessionaire or other type of seller at the
Illinois State Fair, county fairs, art shows, flea markets and
similar exhibitions or events, or any transient merchants, as defined
by Section 2 of the Transient Merchant Act of 1987, may be required
to make a daily report of the amount of such sales to the Department
and to make a daily payment of the full amount of tax due. The
Department shall impose this requirement when it finds that there is
a significant risk of loss of revenue to the State at such an
exhibition or event. Such a finding shall be based on evidence that
a substantial number of concessionaires or other sellers who are not
residents of Illinois will be engaging in the business of selling
tangible personal property at retail at the exhibition or event, or
other evidence of a significant risk of loss of revenue to the State.
The Department shall notify concessionaires and other sellers
affected by the imposition of this requirement. In the absence of
notification by the Department, the concessionaires and other sellers
shall file their returns as otherwise required in this Section.
(Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95; 89-379, eff.
1-1-96; 89-626, eff. 8-9-96; 90-491, eff. 1-1-99; 90-612, eff.
7-8-98.)
Section 99. Effective date. This Act takes effect on July 1,
2000.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 402 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 521
A bill for AN ACT concerning property valuation.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 521.
3978 JOURNAL OF THE [May 12, 1999]
Passed the Senate, as amended, May 12, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 521, on page 2, in line 33, by
replacing "9-165" with "9-160".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 521 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 731
A bill for AN ACT in relation to sex offenders.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 731.
Passed the Senate, as amended, May 12, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 731 by replacing lines 23
through 29 on page 1 and lines 1 through 21 on page 2 with the
following:
"Section 10. The Sex Offender and Child Murderer Community
Notification Law is amended by changing Section 115 as follows:
(730 ILCS 152/115)
Sec. 115. Sex offender database.
(a) The Department of State Police shall establish and maintain
a Statewide Sex Offender Database for the purpose of identifying sex
offenders and making that information available to the persons
specified in Sections 120 and 125 of this Law. The Database shall be
created from the Law Enforcement Agencies Data System (LEADS)
established under Section 6 of the Intergovernmental Missing Child
Recovery Act of 1984. The Department of State Police shall examine
its LEADS database for persons registered as sex offenders under the
Sex Offender Registration Act and shall identify those who are sex
offenders and shall add all the information, including photographs if
available, on those sex offenders to the Statewide Sex Offender
Database.
(b) The Department of State Police must make the information
contained in the Statewide Sex Offender Database accessible on the
Internet by means of a hyperlink labeled "Sex Offender Information"
on the Department's World Wide Web home page. The Department of State
Police must update that information as it deems necessary.
HOUSE OF REPRESENTATIVES 3979
The Department of State Police may require that a person who
seeks access to the sex offender information submit biographical
information about himself or herself before permitting access to the
sex offender information. The Department of State Police may limit
access to the sex offender information to information about sex
offenders who reside within a specified geographic area in proximity
to the address of the person seeking that information. The
Department of State Police must promulgate rules in accordance with
the Illinois Administrative Procedure Act to implement this
subsection (b) and those rules must include procedures to ensure that
the information in the database is accurate.
(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 90-193, eff.
7-24-97.); and
on page 4, line 24, after "offenders", by inserting "where any victim
was 13 years of age or younger and"; and
on page 4, after line 33, by inserting the following:
"Section 99. Effective date. This Act takes effect on July 1,
2000.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 731 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1137
A bill for AN ACT to amend the Election Code by changing Sections
28-6 and 28-9.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1137.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1137 by replacing the title
with the following:
"AN ACT to amend the Illinois Municipal Code."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Municipal Code is amended by changing
Sections 3.1-25-20 and 4-3-5 and adding Section 3.1-20-45 as follows:
(65 ILCS 5/3.1-20-45 new)
Sec. 3.1-20-45. Nonpartisan primary elections; uncontested
office. A city incorporated under this Code that elects municipal
officers at nonpartisan primary and general elections shall conduct
the elections as provided in the Election Code, except that no office
for which nomination is uncontested shall be included on the primary
ballot and no primary shall be held for that office. For the
3980 JOURNAL OF THE [May 12, 1999]
purposes of this Section, an office is uncontested when not more than
two persons to be nominated for each office have timely filed valid
nominating papers seeking nomination for the election to that office.
Notwithstanding the preceding paragraph, when a person (i) who
has not timely filed valid nomination papers and (ii) who intends to
become a write-in candidate for nomination for any office for which
nomination is uncontested files a written statement or notice of that
intent with the proper election official with whom the nomination
papers for that office are filed, a primary ballot must be prepared
and a primary must be held for the office. The statement or notice
must be filed on or before the 61st day before the consolidated
primary election. The statement must contain (i) the name and address
of the person intending to become a write-in candidate, (ii) a
statement that the person intends to become a write-in candidate, and
(iii) the office the person is seeking as a write-in candidate. An
election authority has no duty to conduct a primary election or
prepare a primary ballot unless a statement meeting the requirements
of this paragraph is filed in a timely manner.
(65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20)
Sec. 3.1-25-20. Primary election. A village incorporated under
this Code shall nominate and elect candidates for president and
trustees in nonpartisan primary and general elections as provided in
Sections 3.1-25-20 through 3.1-25-55 until the electors of the
village vote to require the partisan election of the president and
trustees at a referendum in the manner provided in Section 3.1-25-65
after January 1, 1992. The provisions of Sections 3.1-25-20 through
3.1-25-55 shall apply to all villages incorporated under this Code
that have operated under those Sections without the adoption of those
provisions by the referendum provided in Section 3.1-25-60 as well as
those villages that have adopted those provisions by the referendum
provided in Section 3.1-25-60 until the electors of those villages
vote to require the partisan election of the president and trustees
in the manner provided in Section 3.1-25-65. Villages that have
nominated and elected candidates for president and trustees in
partisan elections prior to January 1, 1992, may continue to hold
partisan elections without conducting a referendum in the manner
provided in Section 3.1-25-65. All candidates for nomination to be
voted for at all general municipal elections at which a president or
trustees, or both, are to be elected under this Article shall be
nominated from the village at large by a primary election, except
that no primary shall be held where the names of not more than 2
persons are entitled to be printed on the primary ballot as
candidates for the nomination for each office to be filled at an
election at which no other offices are to be filled and those
persons, having filed the statement of candidacy and petition
required by the general election law, shall be the candidates for
office at the general municipal election.
Notwithstanding any other provision of law, no primary shall be
held in any village when the nomination for every office to be voted
upon by the electors of the village is uncontested. If the
nomination of candidates is uncontested as to one or more, but not
all, of the offices to be voted upon by the electors of the village,
then a primary must be held in the village, provided that the primary
ballot shall not include those offices in the village for which the
nomination is uncontested. For the purposes of the Section, an
office is uncontested when not more than the number of persons to be
nominated to the office have timely filed valid nominating papers
seeking nomination for election to that office.
Notwithstanding the preceding paragraph, when a person (i) who
has not timely filed valid nomination papers and (ii) who intends to
become a write-in candidate for nomination for any office for which
HOUSE OF REPRESENTATIVES 3981
nomination is uncontested files a written statement or notice of that
intent with the proper election official with whom the nomination
papers for that office are filed, a primary ballot must be prepared
and a primary must be held for the office. The statement or notice
must be filed on or before the 61st day before the consolidated
primary election. The statement must contain (i) the name and
address of the person intending to become a write-in candidate, (ii)
a statement that the person intends to become a write-in candidate,
and (iii) the office the person is seeking as a write-in candidate.
An election authority has no duty to conduct a primary election or
prepare a primary ballot unless a statement meeting the requirements
of this paragraph is filed in a timely manner.
Only the names of those persons nominated in the manner
prescribed in Sections 3.1-25-20 through 3.1-25-65 shall be placed on
the ballot at the general municipal election. The village clerk shall
certify the offices to be filled and the candidates for those offices
to the proper election authority as provided in the general election
law. A primary for those offices, if required, shall be held in
accordance with the general election law.
(Source: P.A. 87-1119.)
(65 ILCS 5/4-3-5) (from Ch. 24, par. 4-3-5)
Sec. 4-3-5. All candidates for nomination to be voted for at all
general municipal elections at which a mayor and 4 commissioners are
to be elected under this article shall be nominated from the
municipality at large by a primary election, except that no primary
shall be held where the names of not more than 2 persons are entitled
to be printed on the primary ballot as a candidate for the nomination
for each office to be filled at an election at which no other offices
are to be voted on and such persons, having filed the statement of
candidacy and petition required by the general election law shall be
the candidates for office at the general municipal election.
Notwithstanding any other provision of law, no primary shall be
held in any municipality when the nomination for every office to be
voted upon by the electors of the municipality is uncontested. If
the nomination of candidates is uncontested as to one or more, but
not all, of the offices to be voted upon by the electors of the
municipality, then a primary must be held in the municipality,
provided that the primary ballot shall not include those offices in
the municipality for which the nomination is uncontested. For the
purposes of this Section, an office is uncontested when not more than
the number of persons to be nominated to the office have timely filed
valid nominating papers seeking nomination for election to that
office.
Notwithstanding the preceding paragraph, when a person (i) who
has not timely filed valid nomination papers and (ii) who intends to
become a write-in candidate for nomination for any office for which
nomination is uncontested files a written statement or notice of that
intent with the proper election official with whom the nomination
papers for that office are filed, a primary ballot must be prepared
and a primary must be held for the office. The statement or notice
must be filed on or before the 61st day before the consolidated
primary election. The statement must contain (i) the name and
address of the person intending to become a write-in candidate, (ii)
a statement that the person intends to become a write-in candidate,
and (iii) the office the person is seeking as a write-in candidate.
An election authority has no duty to conduct a primary election or
prepare a primary ballot unless a statement meeting the requirements
of this paragraph is filed in a timely manner.
Only the names of those persons nominated in the manner
prescribed in this article shall be placed upon the ballot at the
general municipal election. The municipal clerk shall certify the
3982 JOURNAL OF THE [May 12, 1999]
offices to be filled and the candidates therefor to the proper
election authority as provided in the general election law.
A primary for such offices, if required, shall be held in
accordance with the provisions of the general election law.
(Source: P.A. 81-1490.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1137 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1164
A bill for AN ACT in relation to probation officers.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1164.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1164 on page 1, line 5, by
replacing "Sections 10 and 15" with "Section 10"; and
on page 1, by deleting lines 15 through 30; and
by deleting all of pages 2, 3, 4, 5, 6, 7, and 8; and
on page 9, by deleting lines 1 through 20.
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1164 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1165
A bill for AN ACT in relation to fire department promotions.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
HOUSE OF REPRESENTATIVES 3983
Senate Amendment No. 1 to HOUSE BILL NO. 1165.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1165 by replacing the title
with the following:
"AN ACT to amend the Illinois Municipal Code."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Municipal Code is amended by changing
Sections 10-1-18 and 10-2.1-17 as follows:
(65 ILCS 5/10-1-18) (from Ch. 24, par. 10-1-18)
Sec. 10-1-18. (a) Except as hereinafter provided in this Section,
no officer or employee in the classified civil service of any
municipality who is appointed under the rules and after examination,
may be removed or discharged, or suspended for a period of more than
30 days, except for cause upon written charges and after an
opportunity to be heard in his own defense. The hearing shall be as
hereinafter provided, unless the employer and the labor organization
representing the person have negotiated an alternative or
supplemental form of due process based upon impartial arbitration as
a term of a collective bargaining agreement. In non-home rule units
of government, such bargaining shall be permissive rather than
mandatory unless such contract term was negotiated by the employer
and the labor organization prior to or at the time of the effective
date of this amendatory Act, in which case such bargaining shall be
considered mandatory.
Such charges shall be investigated by or before the civil service
commission, or by or before some officer or board appointed by the
commission to conduct that investigation. The finding and decision
of that commission or investigating officer or board, when approved
by the commission, shall be certified to the appointing officer, and
shall forthwith be enforced by that officer. Before any officer or
employee in the classified service of any municipality may be
interrogated or examined by or before any disciplinary board, or
departmental agent or investigator, the results of which hearing,
interrogation or examination may be the basis for filing charges
seeking his removal or discharge, he must be advised in writing as to
what specific improper or illegal act he is alleged to have
committed; he must be advised in writing that his admissions made in
the course of the hearing, interrogation or examination may be used
as the basis for charges seeking his removal or discharge; and he
must be advised in writing that he has the right to counsel of his
own choosing present to advise him at any hearing, interrogation or
examination; and a complete record of any hearing, interrogation or
examination shall be made and a complete transcript thereof made
available to such officer or employee without charge and without
delay. Nothing in this Division 1 limits the power of any officer to
suspend a subordinate for a reasonable period, not exceeding 30 days
except that any employee or officer suspended for more than 5 days or
suspended within 6 months after a previous suspension shall be
entitled, upon request, to a hearing before the civil service
commission concerning the propriety of such suspension. In the
course of an investigation of charges, each member of the commission,
and of any board so appointed by it, and any officer so appointed,
may administer oaths and may secure by its subpoena both the
attendance and testimony of witnesses, and the production of books
and papers relevant to the investigation. Nothing in this Section
3984 JOURNAL OF THE [May 12, 1999]
shall be construed to require such charges or investigation in cases
of persons having the custody of public money for the safe keeping of
which another person has given bonds.
This subsection (a) does not apply to police or firefighters in
the classified civil service of a municipality of 500,000 or fewer
inhabitants.
(b) No officer or employee of a police or fire department in the
classified civil service of any municipality having 500,000 or fewer
inhabitants who is appointed under the rules and after examination,
may be removed or discharged, or suspended for a period of more than
5 calendar days, except for cause upon written charges and after an
opportunity to be heard in his own defense. The hearing shall be as
hereinafter provided, unless the employer and the labor organization
representing the person have negotiated an alternative or
supplemental form of due process based upon impartial arbitration as
a term of a collective bargaining agreement. In non-home rule units
of government, such bargaining shall be permissive rather than
mandatory unless such contract term was negotiated by the employer
and the labor organization prior to or at the time of the effective
date of this amendatory Act, in which case such bargaining shall be
considered mandatory.
Such charges shall be investigated by or before the civil service
commission, or by or before some officer or board appointed by the
commission to conduct that investigation. The finding and decision
of that commission or investigating officer or board, when approved
by the commission, shall be certified to the appointing officer, and
shall forthwith be enforced by that officer. Before any such officer
or employee of a police or fire department may be interrogated or
examined by or before any disciplinary board, or departmental agent
or investigator, the results of which hearing, interrogation or
examination may be the basis for filing charges seeking his removal
or discharge, he must be advised in writing as to what specific
improper or illegal act he is alleged to have committed; he must be
advised in writing that his admissions made in the course of the
hearing, interrogation or examination may be used as the basis for
charges seeking his removal or discharge; and he must be advised in
writing that he has the right to have counsel of his own choosing
present to advise him at any hearing, interrogation or examination;
and a complete record of any hearing, interrogation or examination
shall be made and a complete transcript thereof made available to
such officer or employee without charge and without delay. Nothing in
this Division 1 limits the power of the chief officer of a police or
fire department to suspend a subordinate for a reasonable period, not
exceeding 5 calendar days, provided the civil service commission is
promptly notified thereof in writing. Any employee or officer so
suspended shall be entitled, upon request, to a hearing before the
civil service commission concerning the propriety of such suspension.
Upon such hearing, the commission may sustain the action of the chief
of the department, may reverse it with instructions that the person
receive his pay for the period involved, or may suspend the person
for an additional period of not more than 30 days or discharge him,
depending upon the facts presented. In the course of an investigation
of charges, each member of the commission, and of any board so
appointed by it, and any officer so appointed, may administer oaths
and may secure by its subpoena both the attendance and testimony of
witnesses, and the production of books and papers relevant to the
investigation. If the charge is based upon an allegation of the use
of unreasonable force by a police officer, the charge must be brought
within 5 years after the commission of the act upon which the charge
is based. The statute of limitations established in this Section
10-1-18(b) shall apply only to acts of unreasonable force occurring
HOUSE OF REPRESENTATIVES 3985
on or after the effective date of this amendatory Act of 1992.
(c) Whenever the corporate authorities of any municipality in
which this Division 1 is in operation, designates by ordinance or
whenever any general law of this state designates any specific age of
not less than 63 years as the maximum age for legal employment of
policemen or firemen in the service of any municipality which has
adopted or shall adopt this Division 1 or designates any minimum age
for the automatic or compulsory retirement of policemen or firemen in
the service of that municipality, any such policeman or fireman to
whom such ordinance or law may refer or apply upon attaining the
designated age of 63 years or upwards as set out in the ordinance or
law shall forthwith and immediately be retired from the service of
that municipality in accordance with the terms or provisions of that
ordinance or law. The civil service commission of the municipality
shall discharge or retire automatically any policeman or fireman in
the classified civil service of the municipality at the time and in
the manner provided in that ordinance or law and certify the
retirement or discharge to the proper branch or department head. In
the case of any such policeman or fireman who has filed an
application for appointment in the classified civil service of the
municipality, the age stated in that application shall be conclusive
evidence against that policeman or fireman of his age, but the civil
service commission (except as respects police department officers and
employees in municipalities of more than 500,000 population where the
Police Board shall exercise these powers as provided in Section
10-1-18.1) may hear testimony and consider all evidence available in
any case in which any charge is filed against any such policeman or
fireman alleging that he understated his age in his application for
appointment into the classified civil service of the municipality.
In addition to all the other powers now granted by law, the
corporate authorities of any municipality which has adopted or shall
adopt this Division 1 may by ordinance provide an age limit of not
less than 63 years as the maximum age for the legal employment of any
person employed as a policeman or fireman under this Division 1, and
may provide in that ordinance for the automatic or compulsory
retirement and discharge of the policeman or fireman upon his
attainment of the designated retirement age.
This Section does not apply to the suspension, removal or
discharge of officers and civilian employees of the police department
in the classified civil service of a municipality of more than
500,000 but that disciplinary action may be taken by the Police
Board, rather than the civil service commission, as provided in
Section 10-1-18.1.
(d) Commencing on January 1, 1993, each board or other entity
responsible for determining whether or not to file a charge shall, no
later than December 31 of each year, publish a status report on its
investigations of allegations of unreasonable force. At a minimum,
the status report shall include the following information:
(1) the number of police officers against whom an
allegation of unreasonable force was made;
(2) the number of allegations of unreasonable force made
against each such police officer;
(3) the number of police officers against whom disciplinary
charges were filed on the basis of allegations of unreasonable
force;
(4) a listing of investigations of allegations of
unreasonable force pending as of the date of the report, together
with the dates on which such allegations were made; and
(5) a listing of allegations of unreasonable force for
which the board has determined not to file charges.
These status reports shall not disclose the identity of any
3986 JOURNAL OF THE [May 12, 1999]
witness or victim, nor shall they disclose the identity of any
police officer who is the subject of an allegation of
unreasonable force against whom a charge has not been filed. The
information underlying these status reports shall be confidential
and exempt from public inspection and copying, as provided under
Section 7 of the Freedom of Information Act.
(Source: P.A. 87-1239.)
(65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
Sec. 10-2.1-17. Removal or discharge; investigation of charges;
retirement. Except as hereinafter provided, no officer or member of
the fire or police department of any municipality subject to this
Division 2.1 shall be removed or discharged except for cause, upon
written charges, and after an opportunity to be heard in his own
defense. The hearing shall be as hereinafter provided, unless the
employer and the labor organization representing the person have
negotiated an alternative or supplemental form of due process based
upon impartial arbitration as a term of a collective bargaining
agreement. In non-home rule units of government, such bargaining
shall be permissive rather than mandatory unless such contract term
was negotiated by the employer and the labor organization prior to or
at the time of the effective date of this amendatory Act, in which
case such bargaining shall be considered mandatory.
If the chief of the fire department or the chief of the police
department or both of them are appointed in the manner provided by
ordinance, they may be removed or discharged by the appointing
authority. In such case the appointing authority shall file with the
corporate authorities the reasons for such removal or discharge,
which removal or discharge shall not become effective unless
confirmed by a majority vote of the corporate authorities. The board
of fire and police commissioners shall conduct a fair and impartial
hearing of the charges, to be commenced within 30 days of the filing
thereof, which hearing may be continued from time to time. In case
an officer or member is found guilty, the board may discharge him, or
may suspend him not exceeding 30 days without pay. The board may
suspend any officer or member pending the hearing with or without
pay, but not to exceed 30 days. If the Board of Fire and Police
Commissioners determines that the charges are not sustained, the
officer or member shall be reimbursed for all wages withheld, if any.
In the conduct of this hearing, each member of the board shall have
power to administer oaths and affirmations, and the board shall have
power to secure by its subpoena both the attendance and testimony of
witnesses and the production of books and papers relevant to the
hearing.
The age for retirement of policemen or firemen in the service of
any municipality which adopts this Division 2.1 is 65 years, unless
the Council or Board of Trustees shall by ordinance provide for an
earlier retirement age of not less than 60 years.
The provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted pursuant
thereto, shall apply to and govern all proceedings for the judicial
review of final administrative decisions of the board of fire and
police commissioners hereunder. The term "administrative decision"
is defined as in Section 3-101 of the Code of Civil Procedure.
Nothing in this Section shall be construed to prevent the chief
of the fire department or the chief of the police department from
suspending without pay a member of his department for a period of
not more than 5 calendar days, but he shall notify the board in
writing of such suspension. The hearing shall be as hereinafter
provided, unless the employer and the labor organization representing
the person have negotiated an alternative or supplemental form of due
process based upon impartial arbitration as a term of a collective
HOUSE OF REPRESENTATIVES 3987
bargaining agreement. In non-home rule units of government, such
bargaining shall be permissive rather than mandatory unless such
contract term was negotiated by the employer and the labor
organization prior to or at the time of the effective date of this
amendatory Act, in which case such bargaining shall be considered
mandatory.
Any policeman or fireman so suspended may appeal to the board of
fire and police commissioners for a review of the suspension within 5
calendar days after such suspension, and upon such appeal, the board
may sustain the action of the chief of the department, may reverse it
with instructions that the man receive his pay for the period
involved, or may suspend the officer for an additional period of not
more than 30 days or discharge him, depending upon the facts
presented.
(Source: P.A. 85-915.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1165 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1193
A bill for AN ACT to amend the Illinois Violence Prevention Act
of 1995 by adding Section 25.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1193.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1193 on page 1, line 25, after
"security", by inserting ", including but not limited to portable
metal detectors".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1193 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
3988 JOURNAL OF THE [May 12, 1999]
to-wit:
HOUSE BILL 1195
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 24-1.2.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1195.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1195 on page 1, lines 2 and 6
by changing "Section 24-1.2" each time it appears to "Sections 24-1.2
and 24-3"; and
on page 4, by inserting after line 4 the following:
"(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful Sale of Firearms. A person commits the
offense of unlawful sale of firearms when he knowingly:
(a) Sells or gives any firearm of a size which may be concealed
upon the person to any person under 18 years of age; or
(b) Sells or gives any firearm to a person under 21 years of age
who has been convicted of a misdemeanor other than a traffic offense
or adjudged delinquent; or
(c) Sells or gives any firearm to any narcotic addict; or
(d) Sells or gives any firearm to any person who has been
convicted of a felony under the laws of this or any other
jurisdiction; or
(e) Sells or gives any firearm to any person who has been a
patient in a mental hospital within the past 5 years; or
(f) Sells or gives any firearms to any person who is mentally
retarded; or
(g) Delivers any firearm of a size which may be concealed upon
the person, incidental to a sale, without withholding delivery of
such firearm for at least 72 hours after application for its purchase
has been made, or delivers any rifle, shotgun or other long gun,
incidental to a sale, without withholding delivery of such rifle,
shotgun or other long gun for at least 24 hours after application for
its purchase has been made. However, this paragraph shall not apply
to: (1) the sale of a firearm to a law enforcement officer or a
person who desires to purchase a firearm for use in promoting the
public interest incident to his employment as a bank guard, armed
truck guard, or other similar employment; or (2) a mail order sale of
a firearm to a nonresident of Illinois under which the firearm is
mailed to a point outside the boundaries of Illinois; or (3) the sale
of a firearm to a nonresident of Illinois while at a firearm showing
or display recognized by the Illinois Department of State Police; or
(4) the sale of a firearm to a dealer licensed under the Federal
Firearms Act of the United States; or
(h) While holding any license under the Federal "Gun Control Act
of 1968", as amended, as a dealer, importer, manufacturer or
pawnbroker; manufactures, sells or delivers to any unlicensed person
a handgun having a barrel, slide, frame or receiver which is a die
casting of zinc alloy or any other nonhomogeneous metal which will
HOUSE OF REPRESENTATIVES 3989
melt or deform at a temperature of less than 800 degrees Fahrenheit.
For purposes of this paragraph, (1) "firearm" is defined as in "An
Act relating to the acquisition, possession and transfer of firearms
and firearm ammunition, to provide a penalty for the violation
thereof and to make an appropriation in connection therewith",
approved August 3, 1967, as amended; (2) "handgun" is defined as a
firearm designed to be held and fired by the use of a single hand,
and includes a combination of parts from which a firearm can be
assembled; or
(i) Sells or gives a firearm of any size to any person under 18
years of age who does not possess a valid Firearm Owner's
Identification Card.
(j) Paragraph (h) of this Section shall not include firearms
sold within 6 months after enactment of this amendatory Act of 1973,
nor shall any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment of this
amendatory Act of 1973 be subject to confiscation or seizure under
the provisions of this amendatory Act of 1973. Nothing in this
amendatory Act of 1973 shall be construed to prohibit the gift or
trade of any firearm if that firearm was legally held or acquired
within 6 months after the enactment of this amendatory Act of 1973.
(k) Sentence.
(1) Any person convicted of unlawful sale of firearms in
violation of paragraphs (c) (b) through (h) commits a Class 4
felony.
(2) Any person convicted of unlawful sale of firearms in
violation of paragraph (b) or (i) commits a Class 3 felony.
(3) Any person convicted of unlawful sale of firearms in
violation of paragraph (a) or (i) commits a Class 2 3 felony.
(4) Any person convicted of unlawful sale of firearms in
violation of paragraph (a), (b), or (i) in any school, on the
real property comprising a school, within 1,000 feet of the real
property comprising a school, at a school related activity, or on
or within 1,000 feet of any conveyance owned, leased, or
contracted by a school or school district to transport students
to or from school or a school related activity regardless of the
time of day or time of year that the offense was committed
commits a Class 1 felony. Any person convicted of a second or
subsequent violation of unlawful sale of firearms in violation of
paragraph (a), (b), or (i) in any school, on the real property
comprising a school, within 1,000 feet of the real property
comprising a school, at a school related activity, or on or
within 1,000 feet of any conveyance owned, leased, or contracted
by a school or school district to transport students to or from
school or a school related activity regardless of the time of day
or time of year that the offense was committed commits a Class 1
felony for which the sentence shall be a term of imprisonment of
no less than 5 years and no more than 15 years.
(5) Any person convicted of unlawful sale of firearms in
violation of paragraph (a) or (i) in any school, regardless of
the time of day or the time of year, in residential property
owned, operated, or and managed by a public housing agency, in a
public park, in a courthouse, on the real property comprising any
school, regardless of the time of day or the time of year, on
residential property owned, operated, or and managed by a public
housing agency, on the real property comprising any public park,
on the real property comprising any courthouse, in any conveyance
owned, leased, or contracted by a school to transport students to
or from school or a school related activity, or on any public way
within 1,000 feet of the real property comprising any school,
public park, courthouse, or residential property owned, operated,
3990 JOURNAL OF THE [May 12, 1999]
or and managed by a public housing agency commits a Class 2
felony.
(6) For purposes of this Section:
"School" means a public or private elementary or
secondary school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance
or participation is sponsored, organized, or funded in whole
or in part by a school or school district.
(Source: P.A. 88-680, eff. 1-1-95.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1195 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1282
A bill for AN ACT to amend the State Property Control Act by
changing Sections 7 and 7.3.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1282.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1282 on page 1, in lines 2 and
6, by replacing "Sections 7 and" each place it appears with
"Section"; and
by deleting line 7 on page 1 through line 1 on page 4; and
on page 5, in line 10, by inserting ", that is not to be used as a
trade-in," after "airplane".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1282 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1305
HOUSE OF REPRESENTATIVES 3991
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Sections 46-1, 46-1.1, 46-2, and 46-5 and adding Section 46-6.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1305.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1305, on page 1, by replacing
lines 2 and 3 with the following:
"Sections 46-1, 46-1.1, 46-2, and 46-5."; and
on page 1, by replacing lines 7 and 8 with the following:
"changing Sections 46-1, 46-1.1, 46-2, and 46-5 as follows:"; and
by deleting lines 21 through 33 on page 6 and all of pages 7, 8, 9,
and 10.
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1305 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1286
A bill for AN ACT to create the Land Trust Fiduciary Duties Act.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1286.
Passed the Senate, as amended, May 12, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1286 on page 1, line 15, by
replacing "have a fiduciary duty" with "are accountable"; and
on page 1, line 29, after "holders" by inserting "are presumed to";
and
on page 2, line 2, after "trust" by inserting ", unless otherwise
provided in the land trust agreement".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1286 was placed on the Calendar on the order of
3992 JOURNAL OF THE [May 12, 1999]
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1327
A bill for AN ACT to amend the Property Tax Code by changing
Section 26-10.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1327.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1327 by replacing the title
with the following:
"AN ACT to amend the Property Tax Code by changing Section
15-172."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Property Tax Code is amended by changing Section
15-172 as follows:
(35 ILCS 200/15-172)
Sec. 15-172. Senior Citizens Assessment Freeze Homestead
Exemption.
(a) This Section may be cited as the Senior Citizens Assessment
Freeze Homestead Exemption.
(b) As used in this Section:
"Applicant" means an individual who has filed an application
under this Section.
"Base amount" means the base year equalized assessed value of the
residence plus the first year's equalized assessed value of any added
improvements which increased the assessed value of the residence
after the base year.
"Base year" means the taxable year prior to the taxable year for
which the applicant first qualifies and applies for the exemption
provided that in the prior taxable year the property was improved
with a permanent structure that was occupied as a residence by the
applicant who was liable for paying real property taxes on the
property and who was either (i) an owner of record of the property or
had legal or equitable interest in the property as evidenced by a
written instrument or (ii) had a legal or equitable interest as a
lessee in the parcel of property that was single family residence. If
in any subsequent taxable year for which the applicant applies and
qualifies for the exemption the equalized assessed value of the
residence is less than the equalized assessed value in the existing
base year (provided that such equalized assessed value is not based
on an assessed value that results from a temporary irregularity in
the property that reduces the assessed value for one or more taxable
years), then that subsequent taxable year shall become the base year
HOUSE OF REPRESENTATIVES 3993
until a new base year is established under the terms of this
paragraph. For taxable year 1999 only, the Chief County Assessment
Officer shall review (i) all taxable years for which the applicant
applied and qualified for the exemption and (ii) the existing base
year. The assessment officer shall select as the new base year the
year with the lowest equalized assessed value. An equalized assessed
value that is based on an assessed value that results from a
temporary irregularity in the property that reduces the assessed
value for one or more taxable years shall not be considered the
lowest equalized assessed value. The selected year shall be the base
year for taxable year 1999 and thereafter until a new base year is
established under the terms of this paragraph.
"Chief County Assessment Officer" means the County Assessor or
Supervisor of Assessments of the county in which the property is
located.
"Equalized assessed value" means the assessed value as equalized
by the Illinois Department of Revenue.
"Household" means the applicant, the spouse of the applicant, and
all persons using the residence of the applicant as their principal
place of residence.
"Household income" means the combined income of the members of a
household for the calendar year preceding the taxable year.
"Income" has the same meaning as provided in Section 3.07 of the
Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act.
"Internal Revenue Code of 1986" means the United States Internal
Revenue Code of 1986 or any successor law or laws relating to federal
income taxes in effect for the year preceding the taxable year.
"Life care facility that qualifies as a cooperative" means a
facility as defined in Section 2 of the Life Care Facilities Act.
"Residence" means the principal dwelling place and appurtenant
structures used for residential purposes in this State occupied on
January 1 of the taxable year by a household and so much of the
surrounding land, constituting the parcel upon which the dwelling
place is situated, as is used for residential purposes. If the Chief
County Assessment Officer has established a specific legal
description for a portion of property constituting the residence,
then that portion of property shall be deemed the residence for the
purposes of this Section.
"Taxable year" means the calendar year during which ad valorem
property taxes payable in the next succeeding year are levied.
(c) Beginning in taxable year 1994, a senior citizens assessment
freeze homestead exemption is granted for real property that is
improved with a permanent structure that is occupied as a residence
by an applicant who (i) is 65 years of age or older during the
taxable year, (ii) has a household income of $35,000 or less, (iii)
is liable for paying real property taxes on the property, and (iv) is
an owner of record of the property or has a legal or equitable
interest in the property as evidenced by a written instrument. This
homestead exemption shall also apply to a leasehold interest in a
parcel of property improved with a permanent structure that is a
single family residence that is occupied as a residence by a person
who (i) is 65 years of age or older during the taxable year, (ii) has
a household income of $35,000 or less, (iii) has a legal or equitable
ownership interest in the property as lessee, and (iv) is liable for
the payment of real property taxes on that property.
The amount of this exemption shall be the equalized assessed
value of the residence in the taxable year for which application is
made minus the base amount.
When the applicant is a surviving spouse of an applicant for a
prior year for the same residence for which an exemption under this
3994 JOURNAL OF THE [May 12, 1999]
Section has been granted, the base year and base amount for that
residence are the same as for the applicant for the prior year.
Each year at the time the assessment books are certified to the
County Clerk, the Board of Review or Board of Appeals shall give to
the County Clerk a list of the assessed values of improvements on
each parcel qualifying for this exemption that were added after the
base year for this parcel and that increased the assessed value of
the property.
In the case of land improved with an apartment building owned and
operated as a cooperative or a building that is a life care facility
that qualifies as a cooperative, the maximum reduction from the
equalized assessed value of the property is limited to the sum of the
reductions calculated for each unit occupied as a residence by a
person or persons 65 years of age or older with a household income of
$35,000 or less who is liable, by contract with the owner or owners
of record, for paying real property taxes on the property and who is
an owner of record of a legal or equitable interest in the
cooperative apartment building, other than a leasehold interest. In
the instance of a cooperative where a homestead exemption has been
granted under this Section, the cooperative association or its
management firm shall credit the savings resulting from that
exemption only to the apportioned tax liability of the owner who
qualified for the exemption. Any person who willfully refuses to
credit that savings to an owner who qualifies for the exemption is
guilty of a Class B misdemeanor.
When a homestead exemption has been granted under this Section
and an applicant then becomes a resident of a facility licensed under
the Nursing Home Care Act, the exemption shall be granted in
subsequent years so long as the residence (i) continues to be
occupied by the qualified applicant's spouse or (ii) if remaining
unoccupied, is still owned by the qualified applicant for the
homestead exemption.
Beginning January 1, 1997, when an individual dies who would have
qualified for an exemption under this Section, and the surviving
spouse does not independently qualify for this exemption because of
age, the exemption under this Section shall be granted to the
surviving spouse for the taxable year preceding and the taxable year
of the death, provided that, except for age, the surviving spouse
meets all other qualifications for the granting of this exemption for
those years.
When married persons maintain separate residences, the exemption
provided for in this Section may be claimed by only one of such
persons and for only one residence.
For taxable year 1994 only, in counties having less than
3,000,000 inhabitants, to receive the exemption, a person shall
submit an application by February 15, 1995 to the Chief County
Assessment Officer of the county in which the property is located.
In counties having 3,000,000 or more inhabitants, for taxable year
1994 and all subsequent taxable years, to receive the exemption, a
person may submit an application to the Chief County Assessment
Officer of the county in which the property is located during such
period as may be specified by the Chief County Assessment Officer.
The Chief County Assessment Officer in counties of 3,000,000 or more
inhabitants shall annually give notice of the application period by
mail or by publication. In counties having less than 3,000,000
inhabitants, beginning with taxable year 1995 and thereafter, to
receive the exemption, a person shall submit an application by July 1
of each taxable year to the Chief County Assessment Officer of the
county in which the property is located. A county may, by ordinance,
establish a date for submission of applications that is different
than July 1. The applicant shall submit with the application an
HOUSE OF REPRESENTATIVES 3995
affidavit of the applicant's total household income, age, marital
status (and if married the name and address of the applicant's
spouse, if known), and principal dwelling place of members of the
household on January 1 of the taxable year. The Department shall
establish, by rule, a method for verifying the accuracy of affidavits
filed by applicants under this Section. The applications shall be
clearly marked as applications for the Senior Citizens Assessment
Freeze Homestead Exemption.
Notwithstanding any other provision to the contrary, in counties
having fewer than 3,000,000 inhabitants, if an applicant fails to
file the application required by this Section in a timely manner and
this failure to file is due to a mental or physical condition
sufficiently severe so as to render the applicant incapable of filing
the application in a timely manner, the Chief County Assessment
Officer may extend the filing deadline for a period of 30 days after
the applicant regains the capability to file the application, but in
no case may the filing deadline be extended beyond 3 months of the
original filing deadline. In order to receive the extension provided
in this paragraph, the applicant shall provide the Chief County
Assessment Officer with a signed statement from the applicant's
physician stating the nature and extent of the condition, that, in
the physician's opinion, the condition was so severe that it rendered
the applicant incapable of filing the application in a timely manner,
and the date on which the applicant regained the capability to file
the application.
Beginning January 1, 1998, notwithstanding any other provision to
the contrary, in counties having fewer than 3,000,000 inhabitants, if
an applicant fails to file the application required by this Section
in a timely manner and this failure to file is due to a mental or
physical condition sufficiently severe so as to render the applicant
incapable of filing the application in a timely manner, the Chief
County Assessment Officer may extend the filing deadline for a period
of 3 months. In order to receive the extension provided in this
paragraph, the applicant shall provide the Chief County Assessment
Officer with a signed statement from the applicant's physician
stating the nature and extent of the condition, and that, in the
physician's opinion, the condition was so severe that it rendered the
applicant incapable of filing the application in a timely manner.
In counties having less than 3,000,000 inhabitants, if an
applicant was denied an exemption in taxable year 1994 and the denial
occurred due to an error on the part of an assessment official, or
his or her agent or employee, then beginning in taxable year 1997 the
applicant's base year, for purposes of determining the amount of the
exemption, shall be 1993 rather than 1994. In addition, in taxable
year 1997, the applicant's exemption shall also include an amount
equal to (i) the amount of any exemption denied to the applicant in
taxable year 1995 as a result of using 1994, rather than 1993, as the
base year, (ii) the amount of any exemption denied to the applicant
in taxable year 1996 as a result of using 1994, rather than 1993, as
the base year, and (iii) the amount of the exemption erroneously
denied for taxable year 1994.
For purposes of this Section, a person who will be 65 years of
age during the current taxable year shall be eligible to apply for
the homestead exemption during that taxable year. Application shall
be made during the application period in effect for the county of his
or her residence.
The Chief County Assessment Officer may determine the eligibility
of a life care facility that qualifies as a cooperative to receive
the benefits provided by this Section by use of an affidavit,
application, visual inspection, questionnaire, or other reasonable
method in order to insure that the tax savings resulting from the
3996 JOURNAL OF THE [May 12, 1999]
exemption are credited by the management firm to the apportioned tax
liability of each qualifying resident. The Chief County Assessment
Officer may request reasonable proof that the management firm has so
credited that exemption.
Except as provided in this Section, all information received by
the chief county assessment officer or the Department from
applications filed under this Section, or from any investigation
conducted under the provisions of this Section, shall be
confidential, except for official purposes or pursuant to official
procedures for collection of any State or local tax or enforcement of
any civil or criminal penalty or sanction imposed by this Act or by
any statute or ordinance imposing a State or local tax. Any person
who divulges any such information in any manner, except in accordance
with a proper judicial order, is guilty of a Class A misdemeanor.
Nothing contained in this Section shall prevent the Director or
chief county assessment officer from publishing or making available
reasonable statistics concerning the operation of the exemption
contained in this Section in which the contents of claims are grouped
into aggregates in such a way that information contained in any
individual claim shall not be disclosed.
(d) Each Chief County Assessment Officer shall annually publish
a notice of availability of the exemption provided under this
Section. The notice shall be published at least 60 days but no more
than 75 days prior to the date on which the application must be
submitted to the Chief County Assessment Officer of the county in
which the property is located. The notice shall appear in a
newspaper of general circulation in the county.
(Source: P.A. 89-62, eff. 1-1-96; 89-426, eff. 6-1-96; 89-557, eff.
1-1-97; 89-581, eff. 1-1-97; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97;
90-204, eff. 7-25-97; 90-523, eff. 11-13-97; 90-524, eff. 1-1-98;
90-531, eff. 1-1-98; 90-655, eff. 7-30-98.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1327 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1366
A bill for AN ACT to amend the Illinois Municipal Code by
changing Sections 11-135-2, 11-135-3, and 11-135-4.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1366.
HOUSE OF REPRESENTATIVES 3997
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1366 on page 2, line 19, by
replacing "or employee" with "or employee".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1366 was placed on the Calendar on the order
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1399
A bill for AN ACT to amend the Children's Health Insurance
Program Act by changing Section 20.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1399.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1399 by replacing the title
with the following:
"AN ACT to amend the Children's Health Insurance Program Act by
adding Section 22."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Children's Health Insurance Program Act is
amended by adding Section 22 as follows:
(215 ILCS 106/22 new)
Sec. 22. Enrollment in program. The Department shall develop
procedures to allow youth service agencies, employers, labor unions,
local chambers of commerce, and religious organizations to assist in
enrolling children in the Program.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1399 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
3998 JOURNAL OF THE [May 12, 1999]
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1408
A bill for AN ACT to amend the Illinois Vehicle Code by adding
Section 5-104.4.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1408.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1408 by replacing the title
with the following:
"AN ACT to amend the Illinois Vehicle Code by changing Section
12-503."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by changing
Section 12-503 as follows:
(625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
Sec. 12-503. Windshields must be unobstructed and equipped with
wipers.
(a) No person shall drive a motor vehicle with any sign, poster,
window application, reflective material, nonreflective material or
tinted film upon the front windshield, sidewings or side windows
immediately adjacent to each side of the driver. A nonreflective
tinted film may be used along the uppermost portion of the windshield
if such material does not extend more than 6 inches down from the top
of the windshield. Nothing in this Section shall create a cause of
action on behalf of a buyer against a dealer or manufacturer who
sells a motor vehicle with a window which is in violation of this
Section.
(a-1) No person shall sell or lease a new or used motor vehicle
that would be unlawful pursuant to subsection (a) of this Section for
the buyer to operate in this State.
(b) Nothing contained in this Section shall prohibit the use or
sale of a motor vehicle with a nonreflective, smoked or tinted glass,
nonreflective film, perforated window screen or other decorative
window application on windows to the rear of the driver's seat,
except that any motor vehicle with a window to the rear of the
driver's seat treated in this manner shall be equipped with a side
mirror on each side of the motor vehicle which are in conformance
with Section 12-502.
(c) No person shall drive a motor vehicle with any objects
placed or suspended between the driver and the front windshield, rear
window, side wings or side windows immediately adjacent to each side
of the driver which materially obstructs the driver's view.
(d) Every motor vehicle, except motorcycles, shall be equipped
with a device, controlled by the driver, for cleaning rain, snow,
moisture or other obstructions from the windshield; and no person
shall drive a motor vehicle with snow, ice, moisture or other
material on any of the windows or mirrors, which materially obstructs
HOUSE OF REPRESENTATIVES 3999
the driver's clear view of the highway.
(e) No person shall drive a motor vehicle when the windshield,
side or rear windows are in such defective condition or repair as to
materially impair the driver's view to the front, side or rear. A
vehicle equipped with a side mirror on each side of the vehicle which
are in conformance with Section 12-502 will be deemed to be in
compliance in the event the rear window of the vehicle is materially
obscured.
(f) Paragraphs (a) and (b) of this Section shall not apply to:
(1) motor vehicles manufactured prior to January 1, 1982;
or
(2) to those motor vehicles properly registered in another
jurisdiction.
(g) Paragraph (a) of this Section shall not apply to any motor
vehicle with a window treatment, including but not limited to a
window application, reflective material, nonreflective material, or
tinted film, applied or affixed to the motor vehicle for the purposes
set forth in item (1) or (2) before the effective date of this
amendatory Act of 1997 and:
(1) that is owned and operated by a person afflicted with
or suffering from a medical illness, ailment, or disease which
would require that person to be shielded from the direct rays of
the sun; or
(2) that is used in transporting a person when the person
resides at the same address as the registered owner of the
vehicle and the person is afflicted with or suffering from a
medical illness, ailment or disease which would require the
person to be shielded from the direct rays of the sun;
It must be certified by a physician licensed to practice
medicine in Illinois that such person owning and operating or
being transported in a motor vehicle is afflicted with or suffers
from such illness, ailment, or disease and such certification
must be carried in the motor vehicle at all times. The
certification shall be legible and shall contain the date of
issuance, the name, address and signature of the attending
physician, and the name, address, and medical condition of the
person requiring exemption. The information on the certificate
for a window treatment applied or affixed before the effective
date of this amendatory Act of 1997 must remain current and shall
be renewed annually by the attending physician, but in no event
shall a certificate issued for purposes of this subsection be
valid on or after January 1, 2008. The person shall also submit a
copy of the certification to the Secretary of State. The
Secretary of State may forward notice of certification to law
enforcement agencies.
This subsection shall not be construed to authorize window
treatments applied or affixed on or after the effective date of this
amendatory Act of 1997.
The exemption provided by this subsection (g) shall not apply to
any motor vehicle on and after January 1, 2008.
(h) Paragraph (a) of this Section shall not apply to motor
vehicle stickers or other certificates issued by State or local
authorities which are required to be displayed upon motor vehicle
windows to evidence compliance with requirements concerning motor
vehicles.
(i) Those motor vehicles exempted under paragraph (f)(1) of this
Section shall not cause their windows to be treated as described in
paragraph (a) after January 1, 1993.
(j) A person found guilty of violating paragraphs (a), (a-1),
(b), or (i) of this Section shall be guilty of a petty offense and
fined no less than $50 nor more than $500. A second or subsequent
4000 JOURNAL OF THE [May 12, 1999]
violation of paragraphs (a), (a-1), (b), or (i) of this Section shall
be treated as a Class C misdemeanor and the violator fined no less
than $100 nor more than $500. Any person convicted under paragraphs
(a), (a-1), (b), or (i) of this Section shall be ordered to alter any
nonconforming windows into compliance with this Section.
(Source: P.A. 90-389, eff. 1-1-98.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1408 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1510
A bill for AN ACT in relation to privatization of nursing
services in Illinois correctional facilities.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1510.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1510, by replacing lines 8
through 30 on page 1 and all of pages 2, 3, 4, 5, and 6 with the
following:
"Section 5. Contracts. Contracts that include the privatization
of nursing care services at correctional facilities shall contain a
requirement that the vendor may not pay wages and benefits at a rate
lower than that provided to entry level State nurses.
Section 10. Application. This Act applies only to contracts
entered into on or after the effective date of this Act.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1510 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1657
A bill for AN ACT to amend the Higher Education Student
HOUSE OF REPRESENTATIVES 4001
Assistance Act by changing Section 40.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1657.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1657 on page 1, in line 2, by
changing "Section 40" to "Sections 40, 65.15, and 65.40"; and
on page 1, in line 6, by changing "Section 40" to "Sections 40,
65.15, and 65.40"; and
on page 4, below line 9, by inserting the following:
"(110 ILCS 947/65.15)
Sec. 65.15. Special education teacher Teachers scholarships.
(a) There shall be awarded annually at the end of each school
year 250 scholarships to persons qualifying as members of either of
the following groups:
(1) Students who are otherwise qualified to receive a
scholarship as provided in subsections (b) and (c) of this
Section and who make application to the Commission for such
scholarship and agree to take courses that will prepare the
student for the teaching of children described in Section 14-1 of
the School Code.
(2) Persons holding a valid certificate issued under the
laws relating to the certification of teachers and who make
application to the Commission for such scholarship and agree to
take courses that will prepare them for the teaching of children
described in Section 14-1 of the School Code.
Scholarships awarded under this Section shall be issued pursuant
to regulations promulgated by the Commission; provided that no rule
or regulation promulgated by the State Board of Education prior to
the effective date of this amendatory Act of 1993 pursuant to the
exercise of any right, power, duty, responsibility or matter of
pending business transferred from the State Board of Education to the
Commission under this Section shall be affected thereby, and all such
rules and regulations shall become the rules and regulations of the
Commission until modified or changed by the Commission in accordance
with law.
For the purposes of this Section scholarships awarded each school
year shall be deemed to be issued on July 1 of the year prior to in
which the start of the postsecondary school term ends and all
calculations for use of the scholarship shall be based on such date.
Each scholarship shall entitle its holder to exemption from fees as
provided in subsection (a) of Section 65.40 while enrolled in a
special education program of teacher education, for a period of not
more than 4 calendar years and shall be available for use at any time
during such period of study except as provided in subsection (b) of
Section 65.40.
Scholarships issued to holders of a valid certificate issued
under the laws relating to the certification of teachers as provided
in paragraph (2) of this subsection may also entitle the holder
thereof to a program of teacher education that will prepare the
student for the teaching of children described in Section 14-1 of the
School Code at the graduate level.
4002 JOURNAL OF THE [May 12, 1999]
(b) On or before March 1 in Each year, the principal, or his or
her designee, of each recognized public, private and parochial high
school maintaining the twelfth grade shall certify to the Commission
regional superintendent of schools of the county in which such high
school is located the names and addresses of all students who are
completing an application with the intent to prepare to teach in any
recognized public, private, or parochial school of Illinois and
ranked scholastically in the upper one-half of their graduating class
or, for those not yet and who graduated, whose from such school
during the preceding school year in the order of their scholastic
rank in the 4-year high school course of study at the end of the
seventh semester is in the upper one-half of their class. The name of
no student shall be so certified unless the student signifies in a
letter presented to the principal the student's intention to prepare
to teach in the public schools of Illinois.
(c) The regional superintendent of schools shall on or before
May 15 of each year certify the names and addresses of students
certified to him or her for that year under subsection (b) to the
Commission, which shall issue to each student whose rank, as shown on
the list of names and addresses submitted entitled the student to a
certificate of scholarship which shall be accepted by any of the
universities designated in subsection (a) of Section 65-40 in lieu of
any entrance examination. Each holder of a scholarship must furnish
proof to the Commission, in such form and at such intervals as the
Commission prescribes, of the holder's continued enrollment in a
teacher education program qualifying the holder for the scholarship.
Any holder of a scholarship who fails to register in a special
education program of teacher education at the university within 10
days after the commencement of the term, quarter or semester
immediately following the receipt of the scholarship or who, having
registered, withdraws from the university or transfers out of teacher
education, shall thereupon forfeit the right to use it and it may be
granted to the person having the next highest scholastic rank as
shown on the list held by submitted to the Commission. If the person
having the next highest scholastic rank, within 10 days after
notification thereof by the Commission, fails to register at any such
university in a special education program of teacher education, or
who, having registered, withdraws from the university or transfers
out of teacher education, the scholarship may then be granted to the
person shown on the list as having the scholastic rank next below
such person.
If the principal of any recognized public, private and parochial
high school maintaining the twelfth grade fails to certify to the
regional superintendent of schools on or before May 1 of any year in
accordance with subsection (b) the names of a sufficient number of
students to fill the scholarship or scholarships provided for in
subsection (a), the scholarship or scholarships available to high
schools for which no names are certified shall become available to
any eligible student from any other recognized public, private and
parochial high school maintaining the twelfth grade in the region and
the scholarships available for which no names are certified, shall
become available to any eligible student. In order to fill any such
scholarship, the regional superintendent of schools shall certify on
or before May 15 of each year the name and address of any student
certified to him or her by the principal of any other school in the
region under subsection (b) to the Commission, which shall issue to
such student a certificate of scholarship as provided in this
Section.
Any scholarship that has become or becomes available to any
eligible student in the region and is not issued before June 30
following the date it was available shall be transferred to a State
HOUSE OF REPRESENTATIVES 4003
pool under the Commission and may be issued to a student in a region
that has used all scholarships available to that region. In order to
obtain a scholarship in the State pool the regional superintendent of
schools shall certify to the Commission that all scholarships
available to his or her region have been filled and the name and
address of any student certified to him or her by the principal of
any school in the region under subsection (b). Upon such
certification the Commission shall issue a certificate of scholarship
from any available scholarship in the State pool.
(d) Any person who has accepted a scholarship under the
preceding subsections of this Section must, after graduation from or
termination of enrollment in a teacher education program, teach in
any recognized public, private or parochial school in this State for
at least 2 of the 5 years immediately following that graduation or
termination, excluding, however, from the computation of that 5 year
period (i) any time up to 3 4 years spent in the military service,
whether such service occurs before or after the person graduates;
(ii), and excluding from the computation of that 5 year period any
time that person is enrolled full-time in an academic program related
to the field of teaching leading to a graduate or postgraduate
degree; (iii) the time that person is temporarily totally disabled
for a period of time not to exceed 3 years, as established by the
sworn affidavit of a qualified physician; (iv) the time that person
is seeking and unable to find full time employment as a teacher at an
Illinois public, private, or parochial school; or (v) the time that
person is taking additional courses, on at least a half-time basis,
needed to obtain certification as a teacher in Illinois.
A person who has accepted a scholarship under the preceding
subsections of this Section and who has been unable to fulfill the
teaching requirements of this Section may receive a deferment from
the obligation of repayment under this subsection (d) under
guidelines established by the Commission; provided that no guideline
established for any such purpose by the State Board of Education
prior to the effective date of this amendatory Act of 1993 shall be
affected by the transfer to the Commission of the responsibility for
administering and implementing the provisions of this Section, and
all guidelines so established shall become the guidelines of the
Commission until modified or changed by the Commission.
Any such person who fails to fulfill this teaching requirement
shall pay to the Commission the amount of tuition waived by virtue of
his or her acceptance of the scholarship, together with interest at
5% per year on that amount. However, this obligation to repay the
amount of tuition waived plus interest does not apply when the
failure to fulfill the teaching requirement results from the death or
adjudication as a person under legal disability of the person holding
the scholarship, and no claim for repayment may be filed against the
estate of such a decedent or person under legal disability. Payments
received by the Commission under this subsection (d) shall be
remitted to the State Treasurer for deposit in the general revenue
fund. Each person receiving applying for such a scholarship shall be
provided with a description of the provisions copy of this subsection
(d) at the time he or she qualifies applies for the benefits of such
a scholarship.
(e) This Section is basically substantially the same as Sections
30-1, 30-2, 30-3, and 30-4a of the School Code, which are repealed by
this amendatory Act of 1993, and shall be construed as a continuation
of the teacher scholarship program established by that prior law, and
not as a new or different teacher scholarship program. The State
Board of Education shall transfer to the Commission, as the successor
to the State Board of Education for all purposes of administering and
implementing the provisions of this Section, all books, accounts,
4004 JOURNAL OF THE [May 12, 1999]
records, papers, documents, contracts, agreements, and pending
business in any way relating to the teacher scholarship program
continued under this Section; and all scholarships at any time
awarded under that program by, and all applications for any such
scholarships at any time made to, the State Board of Education shall
be unaffected by the transfer to the Commission of all responsibility
for the administration and implementation of the teacher scholarship
program continued under this Section. The State Board of Education
shall furnish to the Commission such other information as the
Commission may request to assist it in administering this Section.
(Source: P.A. 88-228; 88-670, eff. 12-2-94.)
(110 ILCS 947/65.40)
Sec. 65.40. General provisions; leaves of absence.
(a) The scholarships issued under Section Sections 65.15 through
65.35 may be used at the University of Illinois, Southern Illinois
University, Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University, Northeastern
Illinois University, Northern Illinois University, and Western
Illinois University as provided in those Sections. Unless otherwise
indicated, the these scholarships shall be good for a period of not
more than 4 years while enrolled for residence credit and shall
exempt the holder from the payment of tuition and other necessary
fees as defined in Section 35 of this Act, or any matriculation,
graduation, activity, term or incidental fee, except any portion of a
multipurpose fee which is used for a purpose for which exemption is
not granted under this Section. Exemption shall not be granted from
any other fees, including book rental, service, laboratory, supply,
union building, hospital and medical insurance fees and any fees
established for the operation and maintenance of buildings, the
income of which is pledged to the payment of interest and principal
on bonds issued by the governing board of any university or community
college.
Any student who has been or shall be awarded a scholarship shall
be reimbursed by the appropriate university or community college for
any charges fees which he or she has paid and for which exemption is
granted under this Section, if application for such reimbursement is
made within 2 months following the school term for which the charges
fees were paid.
The holder of a scholarship shall be subject to all examinations,
rules and requirements of the university or community college in
which he or she is enrolled except as herein directed.
This Section does not prohibit the Board of Trustees of the
University of Illinois, the Board of Trustees of Southern Illinois
University, the Board of Trustees of Chicago State University, the
Board of Trustees of Eastern Illinois University, the Board of
Trustees of Governors State University, the Board of Trustees of
Illinois State University, the Board of Trustees of Northeastern
Illinois University, the Board of Trustees of Northern Illinois
University, and the Board of Trustees of Western Illinois University
for the institutions under their respective jurisdictions from
granting other scholarships.
(b) Any student enrolled in a university to which he or she is
holding a scholarship issued under Section Sections 65.15 through
65.35 who satisfies the president of the university or someone
designated by the president that the student requires leave of
absence for the purpose of earning funds to defray his or her
expenses while in attendance or on account of illness or military
service may be granted such leave and allowed a period of not to
exceed 6 years in which to complete his or her course at the
university. Time spent in the armed forces shall not be part of the
6 years.
HOUSE OF REPRESENTATIVES 4005
(Source: P.A. 88-228; 89-4, eff. 1-1-96.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1657 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1676
A bill for AN ACT to amend the Illinois Vehicle Code by adding
Section 18b-112.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1676.
Passed the Senate, as amended, May 12, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1676 on page 1, line 8, by
changing "Intermodel" to "Intermodal"; and
on page 1, by replacing lines 15 through 20 with the following:
""Equipment provider" is the owner of an intermodal trailer,
chassis, or container. This includes any forwarding company, water
carrier, steamship line, railroad, vehicle equipment leasing company,
and their subsidiary or affiliated companies owning the equipment.";
and
on page 2, line 19, by changing "interchanging" to "interchange"; and
on page 3, by replacing lines 3 through 6 with the following:
"are discovered, a rebuttable presumption existed at the time of the
interchange. If a"; and
on page 3, by replacing lines 9 through 12 with the following:
"(2) A rebuttable presumption exists that the following defects
were present at the time of the interchange:"; and
on page 5, line 10, by changing "vehicle" to "equipment"; and
on page 5, line 19, by changing "vehicle" to "equipment"; and
on page 5, line 20, after "action.", by inserting "If the equipment
provider fails to reimburse the operator within 30 days, the operator
has a civil cause of action against the equipment provider.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1676 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
4006 JOURNAL OF THE [May 12, 1999]
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1688
A bill for AN ACT concerned with property conservation rights.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1688.
Passed the Senate, as amended, May 12, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1688 on page 2, line 1, by
replacing "natural" with "nature preserve"; and
on page 3, by replacing lines 32 and 33 with the following:
"sign is erected. The right to just compensation as provided in this
Article applies to property subject to a conservation right under the
Real Property Conservation Rights Act. The amount of compensation for
the taking of the property shall not be diminished or reduced by
virtue of the existence of the conservation right. The holder of the
conservation right shall be entitled to just compensation for the
value of the conservation right."; and
on page 4, by deleting lines 1 through 15; and
on page 4, line 31, by deleting "farmed"; and
on page 6, by replacing lines 18 through 28 with the following:
"The holder of a grant pursuant to this Act shall not be required
to record any instrument subsequent to the recording of the grant in
order to maintain or continue the validity of the grant."; and
on page 6, by deleting lines 33 and 34; and
on page 7, by deleting lines 1 and 2; and
on page 7, lines 10 and 11, by deleting "farmed lands,".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1688 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1722
A bill for AN ACT to amend the Higher Education Student
Assistance Act by changing Sections 65.15 and 65.40.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1722.
HOUSE OF REPRESENTATIVES 4007
Senate Amendment No. 2 to HOUSE BILL NO. 1722.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1722 by replacing the title
with the following:
"AN ACT to amend the Illinois Prepaid Tuition Act by changing
Section 35."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Prepaid Tuition Act is amended by
changing Section 35 as follows:
(110 ILCS 979/35)
Sec. 35. Illinois Prepaid Tuition Trust Fund.
(a) The Illinois Prepaid Tuition Trust Fund is created as the
repository of all moneys received by the Commission in conjunction
with the Illinois prepaid tuition program. The Illinois Prepaid
Tuition Trust Fund also shall be the official repository of all
contributions, appropriations, interest and dividend payments, gifts,
or other financial assets received by the Commission in connection
with operation of the Illinois prepaid tuition program. All such
moneys shall be deposited in the Illinois Prepaid Tuition Trust Fund
and held by the State Treasurer as ex-officio custodian thereof,
outside of the State Treasury, separate and apart from all public
moneys or funds of this State.
All interest or other earnings accruing or received on amounts in
the Illinois Prepaid Tuition Trust Fund shall be credited to and
retained by the Fund. Moneys, interest, or other earnings paid into
the Fund shall not be transferred or allocated by the Commission, the
State Treasurer, or the State Comptroller to any other fund, nor
shall the Governor authorize any such transfer or allocation, while
any contracts are outstanding. In addition, no moneys, interest, or
other earnings paid into the Fund shall be used, temporarily or
otherwise, for interfund borrowing or be otherwise used or
appropriated except as expressly authorized in this Act.
The Illinois Prepaid Tuition Trust Fund and each individual
participant account that may be created in that Fund in conjunction
with the Illinois prepaid tuition program shall be subject to audit
in the same manner as funds and accounts belonging to the State of
Illinois and shall be protected by the official bond given by the
State Treasurer.
(b) The Commission from time to time shall direct the State
Treasurer to invest moneys in the Illinois Prepaid Tuition Trust Fund
that are not needed for immediate disbursement, in accordance with
provisions of the investment plan approved by the Commission.
(c) The Executive Director of the Commission shall, at such
times and in such amounts as shall be necessary, prepare and send to
the State Comptroller vouchers requesting payment from the Illinois
Prepaid Tuition Trust Fund for: (i) tuition and fee payments to
MAP-eligible institutions on behalf of qualified beneficiaries of
Illinois prepaid tuition contracts, and (ii) payments associated with
administration of the Illinois prepaid tuition program.
(d) The Governor shall indicate in a separate document submitted
concurrent with each annual State budget the estimated amount of
moneys in the Illinois Prepaid Tuition Trust Fund which shall be
necessary and sufficient, during that State fiscal year, to discharge
all obligations anticipated under Illinois prepaid tuition contracts.
The Governor also shall indicate in a separate document submitted
4008 JOURNAL OF THE [May 12, 1999]
concurrent with each annual State budget the amount of moneys from
the Illinois Prepaid Tuition Trust Fund necessary to cover
anticipated expenses associated with administration of the program.
The Commission shall obtain concurrence from a nationally recognized
actuary as to all amounts necessary for the program to meet its
obligations. These amounts shall be certified annually to the
Governor by the Commission no later than January 30.
During the first 18 months of operation of the Illinois prepaid
tuition program, the Governor shall request an appropriation to the
Commission from general funds sufficient to pay for start-up costs
associated with establishment of the program. This appropriation
constitutes a loan that shall be repaid to the General Revenue Fund
within 5 years by the Commission from prepaid tuition program
contributions. Subsequent program administrative costs shall be
provided from reasonable fees and charges equitably assessed to
purchasers of prepaid tuition contracts.
(e) If the Commission determines that there are insufficient
moneys in the Illinois Prepaid Tuition Trust Fund to pay contractual
obligations in the next succeeding fiscal year, the Commission shall
certify the amount necessary to meet these obligations to the Board
of Higher Education, the Governor, the President of the Senate, and
the Speaker of the House of Representatives. The Governor shall
submit the amount so certified to the General Assembly as soon as
practicable, but no later than the end of the current State fiscal
year. This Act constitutes a continuing and irrevocable
appropriation from the General Revenue Fund to the Illinois Prepaid
Tuition Trust Fund for all amounts necessary for the purposes of this
Act and the irrevocable and continuing authority for and direction to
the Board of Higher Education, the Commission, the Executive Director
of the Commission, the State Treasurer, and the State Comptroller to
make the necessary transfers and payments for those purposes. The
State of Illinois pledges and agrees with all contract holders that
the State will not limit or alter any rights or privileges of a
contract holder as those rights or privileges exist on the effective
date of this amendatory Act of the 91st General Assembly or on the
date of the contract, whichever is later, so as to impair the rights
and remedies of the contract holder until after the benefits under
the contract are fully met and discharged.
(f) In the event the Commission, with the concurrence of the
Governor, determines the program to be financially infeasible, the
Commission may discontinue, prospectively, the operation of the
program. Any qualified beneficiary who has been accepted by and is
enrolled or will within 5 years enroll at a MAP-eligible institution
shall be entitled to exercise the complete benefits specified in the
Illinois prepaid tuition contract. All other contract holders shall
receive an appropriate refund of all contributions and accrued
interest up to the time that the program is discontinued.
(Source: P.A. 90-546, eff. 12-1-97.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 2. Amend House Bill 1722, AS AMENDED, by replacing
the title with the following:
"AN ACT to amend the Illinois Prepaid Tuition Act by changing
Section 25."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Prepaid Tuition Act is amended by
changing Section 25 as follows:
(110 ILCS 979/25)
Sec. 25. Additional powers of the Commission. The Commission
has the following specific powers relating to administration of the
HOUSE OF REPRESENTATIVES 4009
Illinois prepaid tuition program:
(1) To direct funds to be invested, if not required for
immediate disbursement.
(2) To require a reasonable length of State residence for
qualified beneficiaries of Illinois prepaid tuition contracts.
(3) To annually restrict the number of participants in any
prepaid tuition plan authorized by the Commission, provided that
any person denied participation solely on the basis of such
restriction shall be given priority consideration when
opportunities to participate in the plan are offered during the
subsequent year.
(4) To appropriately segregate contributions and payments
to the Illinois prepaid tuition program into various accounts and
funds.
(5) To solicit and accept gifts, grants, loans, and other
financial assistance from any appropriate source, and to
participate in any other way in any governmental program that
will carry out the express purposes of this Section.
(6) To require and collect administrative fees and charges
in connection with any transaction and to impose reasonable
penalties, including default, for delinquent payments or for
entering into an Illinois prepaid tuition contract on a
fraudulent basis.
(7) To impose reasonable time limits on use of the Illinois
prepaid tuition benefits provided by the program, so long as
those limitations are specified within the Illinois prepaid
tuition contract.
(8) To indicate the terms and conditions under which
Illinois prepaid tuition contracts may be terminated and to
impose reasonable fees and charges for such termination, so long
as those terms and conditions are specified within the Illinois
prepaid tuition contract.
(9) To provide for the receipt of contributions to the
program in lump sum or installment payments.
(10) To require that purchasers of Illinois prepaid tuition
contracts verify in writing or by any other method acceptable to
the Commission any requests for contract conversions,
substitutions, transfers, cancellations, refund requests, or
contract changes of any nature.
(11) To enter into contracts for the purchase of private
insurance that insures full payment for prepaid tuition contracts
that have been authorized under this Act.
(Source: P.A. 90-546, eff. 12-1-97.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 1722 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1762
A bill for AN ACT concerning treatment of addicts and alcoholics.
4010 JOURNAL OF THE [May 12, 1999]
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1762.
Passed the Senate, as amended, May 12, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1762 as follows:
by replacing everything after the enacting clause with the following:
"Section 5. The Alcoholism and Other Drug Abuse and Dependency
Act is amended by changing Section 40-10 as follows:
(20 ILCS 301/40-10)
Sec. 40-10. Treatment as a condition of probation.
(a) If a court has reason to believe that an individual who is
charged with or convicted of a crime suffers from alcoholism or other
drug addiction and the court finds that he is eligible to make the
election provided for under Section 40-5, the court shall advise the
individual him that he or she shall may be sentenced to placed on
probation and shall be subject to terms and conditions of probation
under Section 5-6-3 of the Unified Code of Corrections if he or she
elects to submit to treatment and is accepted for treatment by a
designated program. The court shall further advise the individual
him that:
(1) if he or she elects to submit to treatment and is
accepted he or she shall may be sentenced to placed on probation
and placed under the supervision of the designated program for a
period not to exceed the maximum sentence that could be imposed
for his conviction or 5 years, whichever is less.
(2) during probation he or she may be treated at the
discretion of the designated program.
(3) if he or she adheres to the requirements of the
designated program and fulfills the other conditions of probation
ordered by the court, he or she will be discharged, but any
failure to adhere to the requirements of the designated program
is a breach of probation.
Other conditions of probation that the court may order shall
include any condition of probation as authorized by Section 5-6-3 of
the Unified Code of Corrections. The court may certify an individual
for treatment while on probation under the supervision of a
designated program and probation authorities regardless of the
election of the individual.
(b) If the individual elects to undergo treatment or is
certified for treatment, the court shall order an examination by a
designated program to determine whether he suffers from alcoholism or
other drug addiction and is likely to be rehabilitated through
treatment. The designated program shall report to the court the
results of the examination and recommend whether the individual
should be placed for treatment. If the court, on the basis of the
report and other information, finds that such an individual suffers
from alcoholism or other drug addiction and is likely to be
rehabilitated through treatment, the individual shall be placed on
probation and under the supervision of a designated program for
treatment and under the supervision of the proper probation
authorities for probation supervision unless, giving consideration to
the nature and circumstances of the offense and to the history,
character and condition of the individual, the court is of the
HOUSE OF REPRESENTATIVES 4011
opinion that no significant relationship exists between the addiction
or alcoholism of the individual and the crime committed, or that his
imprisonment or periodic imprisonment is necessary for the protection
of the public, and the court specifies on the record the particular
evidence, information or other reasons that form the basis of such
opinion. However, under no circumstances shall the individual be
placed under the supervision of a designated program for treatment
before the entry of a judgment of conviction.
(c) If the court, on the basis of the report or other
information, finds that the individual suffering from alcoholism or
other drug addiction is not likely to be rehabilitated through
treatment, or that his addiction or alcoholism and the crime
committed are not significantly related, or that his imprisonment or
periodic imprisonment is necessary for the protection of the public,
the court shall impose sentence as in other cases. The court may
require such progress reports on the individual from the probation
officer and designated program as the court finds necessary. No
individual may be placed under treatment supervision unless a
designated program accepts him for treatment.
(d) Failure of an individual placed on probation and under the
supervision of a designated program to observe the requirements set
down by the designated program shall be considered a probation
violation. Such failure shall be reported by the designated program
to the probation officer in charge of the individual and treated in
accordance with probation regulations.
(e) Upon successful fulfillment of the terms and conditions of
probation the court shall discharge the person from probation. If
the person has not previously been convicted of any felony offense
and has not previously been granted a vacation of judgment under this
Section, upon motion, the court shall vacate the judgment of
conviction and dismiss the criminal proceedings against him unless,
having considered the nature and circumstances of the offense and the
history, character and condition of the individual, the court finds
that the motion should not be granted. Unless good cause is shown,
such motion to vacate must be filed within 30 days of the entry of
the judgment.
Section 10. The Unified Code of Corrections is amended by
changing Section 5-5-3 as follows:
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) Every person convicted of an offense shall be sentenced as
provided in this Section.
(b) The following options shall be appropriate dispositions,
alone or in combination, for all felonies and misdemeanors other than
those identified in subsection (c) of this Section:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) An order directing the offender to clean up and repair
the damage, if the offender was convicted under paragraph (h) of
Section 21-1 of the Criminal Code of 1961.
(6) A fine.
(7) An order directing the offender to make restitution to
the victim under Section 5-5-6 of this Code.
(8) A sentence of participation in a county impact
incarceration program under Section 5-8-1.2 of this Code.
Whenever an individual is sentenced for an offense based upon an
arrest for a violation of Section 11-501 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and the
professional evaluation recommends remedial or rehabilitative
4012 JOURNAL OF THE [May 12, 1999]
treatment or education, neither the treatment nor the education shall
be the sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment recommendations
contained in the professional evaluation. Programs conducting
alcohol or other drug evaluation or remedial education must be
licensed by the Department of Human Services. However, if the
individual is not a resident of Illinois, the court may accept an
alcohol or other drug evaluation or remedial education program in the
state of such individual's residence. Programs providing treatment
must be licensed under existing applicable alcoholism and drug
treatment licensure standards.
In addition to any other fine or penalty required by law, any
individual convicted of a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of local ordinance, whose
operation of a motor vehicle while in violation of Section 11-501 or
such ordinance proximately caused an incident resulting in an
appropriate emergency response, shall be required to make restitution
to a public agency for the costs of that emergency response. Such
restitution shall not exceed $500 per public agency for each such
emergency response. For the purpose of this paragraph, emergency
response shall mean any incident requiring a response by: a police
officer as defined under Section 1-162 of the Illinois Vehicle Code;
a fireman carried on the rolls of a regularly constituted fire
department; and an ambulance as defined under Section 4.05 of the
Emergency Medical Services (EMS) Systems Act.
Neither a fine nor restitution shall be the sole disposition for
a felony and either or both may be imposed only in conjunction with
another disposition.
(c) (1) When a defendant is found guilty of first degree murder
the State may either seek a sentence of imprisonment under
Section 5-8-1 of this Code, or where appropriate seek a sentence
of death under Section 9-1 of the Criminal Code of 1961.
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the following
offenses. The court shall sentence the offender to not less than
the minimum term of imprisonment set forth in this Code for the
following offenses, and may order a fine or restitution or both
in conjunction with such term of imprisonment:
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(2) of Section 401 of that Act which relates
to more than 5 grams of a substance containing cocaine or an
analog thereof.
(E) A violation of Section 5.1 or 9 of the Cannabis
Control Act.
(F) (Blank). A Class 2 or greater felony if the
offender had been convicted of a Class 2 or greater felony
within 10 years of the date on which he committed the
offense for which he is being sentenced.
(G) (Blank). Residential burglary.
(H) Criminal sexual assault, except as otherwise
provided in subsection (e) of this Section.
(I) Aggravated battery of a senior citizen.
(J) A forcible felony if the offense was related to
the activities of an organized gang.
Before July 1, 1994, for the purposes of this
HOUSE OF REPRESENTATIVES 4013
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that encourages
members of the association to perpetrate crimes or provides
support to the members of the association who do commit
crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 of the Criminal Code
of 1961.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the Criminal
Code of 1961.
(Q) A violation of Section 20-1.2 of the Criminal Code
of 1961.
(R) (Q) A violation of Section 24-3A of the Criminal
Code of 1961.
(2.5) A term of periodic imprisonment, conditional
discharge, or probation may not be imposed for the following
offenses and the court shall sentence the offender to not less
than the minimum term of imprisonment set forth in this Code and
may order a fine or restitution or both in conjunction with the
term of imprisonment, except that probation may be imposed upon
an offender who is eligible for, elects to receive, and is
accepted for treatment in a designated program under the
Alcoholism and Other Drug Abuse and Dependency Act:
(A) A Class 2 or greater felony if the offender has
been convicted of a Class 2 or greater felony within 10
years of the date on which the offender committed the
offense for which he or she is being sentenced.
(B) Residential burglary.
(3) A minimum term of imprisonment of not less than 48
consecutive hours or 100 hours of community service as may be
determined by the court shall be imposed for a second or
subsequent violation committed within 5 years of a previous
violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(4) A minimum term of imprisonment of not less than 7
consecutive days or 30 days of community service shall be imposed
for a violation of paragraph (c) of Section 6-303 of the Illinois
Vehicle Code.
(4.1) A minimum term of 30 consecutive days of
imprisonment, 40 days of 24 hour periodic imprisonment or 720
hours of community service, as may be determined by the court,
shall be imposed for a violation of Section 11-501 of the
Illinois Vehicle Code during a period in which the defendant's
driving privileges are revoked or suspended, where the revocation
or suspension was for a violation of Section 11-501 or Section
11-501.1 of that Code.
4014 JOURNAL OF THE [May 12, 1999]
(5) The court may sentence an offender convicted of a
business offense or a petty offense or a corporation or
unincorporated association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(6) In no case shall an offender be eligible for a
disposition of probation or conditional discharge for a Class 1
felony committed while he was serving a term of probation or
conditional discharge for a felony.
(7) When a defendant is adjudged a habitual criminal under
Article 33B of the Criminal Code of 1961, the court shall
sentence the defendant to a term of natural life imprisonment.
(8) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, after having twice been
convicted of any Class 2 or greater Class felonies in Illinois,
and such charges are separately brought and tried and arise out
of different series of acts, such defendant shall be sentenced as
a Class X offender. This paragraph shall not apply unless (1) the
first felony was committed after the effective date of this
amendatory Act of 1977; and (2) the second felony was committed
after conviction on the first; and (3) the third felony was
committed after conviction on the second.
(9) A defendant convicted of a second or subsequent offense
of ritualized abuse of a child may be sentenced to a term of
natural life imprisonment.
(10) Beginning July 1, 1994, unless sentencing under
Section 33B-1 is applicable, a term of imprisonment of not less
than 15 years nor more than 50 years shall be imposed on a
defendant who violates Section 33A-2 of the Criminal Code of 1961
with a firearm, when that person has been convicted in any state
or federal court of 3 or more of the following offenses: treason,
first degree murder, second degree murder, aggravated criminal
sexual assault, criminal sexual assault, robbery, burglary,
arson, kidnaping, aggravated battery resulting in great bodily
harm or permanent disability or disfigurement, or a violation of
Section 401(a) of the Illinois Controlled Substances Act, when
the third offense was committed after conviction on the second,
the second offense was committed after conviction on the first,
and the violation of Section 33A-2 of the Criminal Code of 1961
was committed after conviction on the third.
(11) Beginning July 1, 1994, a term of imprisonment of not
less than 10 years and not more than 30 years shall be imposed on
a defendant who violates Section 33A-2 with a Category I weapon
where the offense was committed in any school, or any conveyance
owned, leased, or contracted by a school to transport students to
or from school or a school related activity, on the real property
comprising any school or public park, and where the offense was
related to the activities of an organized gang. For the purposes
of this paragraph (11), "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The trial
court shall hold a hearing under Section 5-4-1 of the Unified Code of
Corrections which may include evidence of the defendant's life, moral
character and occupation during the time since the original sentence
was passed. The trial court shall then impose sentence upon the
defendant. The trial court may impose any sentence which could have
been imposed at the original trial subject to Section 5-5-4 of the
HOUSE OF REPRESENTATIVES 4015
Unified Code of Corrections.
(e) In cases where prosecution for criminal sexual assault or
aggravated criminal sexual abuse under Section 12-13 or 12-16 of the
Criminal Code of 1961 results in conviction of a defendant who was a
family member of the victim at the time of the commission of the
offense, the court shall consider the safety and welfare of the
victim and may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a court
approved plan including but not limited to the defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the family;
(iv) restitution for harm done to the victim; and
(v) compliance with any other measures that the
court may deem appropriate; and
(2) the court orders the defendant to pay for the victim's
counseling services, to the extent that the court finds, after
considering the defendant's income and assets, that the defendant
is financially capable of paying for such services, if the victim
was under 18 years of age at the time the offense was committed
and requires counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section 5-6-4;
except where the court determines at the hearing that the defendant
violated a condition of his or her probation restricting contact with
the victim or other family members or commits another offense with
the victim or other family members, the court shall revoke the
defendant's probation and impose a term of imprisonment.
For the purposes of this Section, "family member" and "victim"
shall have the meanings ascribed to them in Section 12-12 of the
Criminal Code of 1961.
(f) This Article shall not deprive a court in other proceedings
to order a forfeiture of property, to suspend or cancel a license, to
remove a person from office, or to impose any other civil penalty.
(g) Whenever a defendant is convicted of an offense under
Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19,
11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
Criminal Code of 1961, the defendant shall undergo medical testing to
determine whether the defendant has any sexually transmissible
disease, including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Any such medical test shall be
performed only by appropriately licensed medical practitioners and
may include an analysis of any bodily fluids as well as an
examination of the defendant's person. Except as otherwise provided
by law, the results of such test shall be kept strictly confidential
by all medical personnel involved in the testing and must be
personally delivered in a sealed envelope to the judge of the court
in which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the victim
and the public, the judge shall have the discretion to determine to
whom, if anyone, the results of the testing may be revealed. The
court shall notify the defendant of the test results. The court
shall also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's
parents or legal guardian of the test results. The court shall
provide information on the availability of HIV testing and counseling
4016 JOURNAL OF THE [May 12, 1999]
at Department of Public Health facilities to all parties to whom the
results of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results of any
HIV test administered under this Section, and the court shall grant
the disclosure if the State's Attorney shows it is relevant in order
to prosecute a charge of criminal transmission of HIV under Section
12-16.2 of the Criminal Code of 1961 against the defendant. The
court shall order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public Health
including but not limited to tuberculosis, the results of the test
shall be personally delivered by the warden or his or her designee in
a sealed envelope to the judge of the court in which the inmate must
appear for the judge's inspection in camera if requested by the
judge. Acting in accordance with the best interests of those in the
courtroom, the judge shall have the discretion to determine what if
any precautions need to be taken to prevent transmission of the
disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether the
defendant has been exposed to human immunodeficiency virus (HIV) or
any other identified causative agent of acquired immunodeficiency
syndrome (AIDS). Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally delivered in
a sealed envelope to the judge of the court in which the conviction
was entered for the judge's inspection in camera. Acting in
accordance with the best interests of the public, the judge shall
have the discretion to determine to whom, if anyone, the results of
the testing may be revealed. The court shall notify the defendant of
a positive test showing an infection with the human immunodeficiency
virus (HIV). The court shall provide information on the availability
of HIV testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing are
revealed and shall direct the State's Attorney to provide the
information to the victim when possible. A State's Attorney may
petition the court to obtain the results of any HIV test administered
under this Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a charge
of criminal transmission of HIV under Section 12-16.2 of the Criminal
Code of 1961 against the defendant. The court shall order that the
cost of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
(i) All fines and penalties imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code,
or a similar provision of a local ordinance, and any violation of the
Child Passenger Protection Act, or a similar provision of a local
ordinance, shall be collected and disbursed by the circuit clerk as
provided under Section 27.5 of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section 11-6,
11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-13,
12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, any
violation of the Illinois Controlled Substances Act, or any violation
of the Cannabis Control Act results in conviction, a disposition of
court supervision, or an order of probation granted under Section 10
of the Cannabis Control Act or Section 410 of the Illinois Controlled
Substance Act of a defendant, the court shall determine whether the
HOUSE OF REPRESENTATIVES 4017
defendant is employed by a facility or center as defined under the
Child Care Act of 1969, a public or private elementary or secondary
school, or otherwise works with children under 18 years of age on a
daily basis. When a defendant is so employed, the court shall order
the Clerk of the Court to send a copy of the judgment of conviction
or order of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school, the
Clerk of the Court shall direct the mailing of a copy of the judgment
of conviction or order of supervision or probation to the appropriate
regional superintendent of schools. The regional superintendent of
schools shall notify the State Board of Education of any notification
under this subsection.
(j-5) A defendant at least 17 years of age who is convicted of a
felony and who has not been previously convicted of a misdemeanor or
felony and who is sentenced to a term of imprisonment in the Illinois
Department of Corrections shall as a condition of his or her sentence
be required by the court to attend educational courses designed to
prepare the defendant for a high school diploma and to work toward a
high school diploma or to work toward passing the high school level
Test of General Educational Development (GED) or to work toward
completing a vocational training program offered by the Department of
Corrections. If a defendant fails to complete the educational
training required by his or her sentence during the term of
incarceration, the Prisoner Review Board shall, as a condition of
mandatory supervised release, require the defendant, at his or her
own expense, to pursue a course of study toward a high school diploma
or passage of the GED test. The Prisoner Review Board shall revoke
the mandatory supervised release of a defendant who wilfully fails to
comply with this subsection (j-5) upon his or her release from
confinement in a penal institution while serving a mandatory
supervised release term; however, the inability of the defendant
after making a good faith effort to obtain financial aid or pay for
the educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant whose
mandatory supervised release term has been revoked under this
subsection (j-5) as provided in Section 3-3-9. This subsection (j-5)
does not apply to a defendant who has a high school diploma or has
successfully passed the GED test. This subsection (j-5) does not
apply to a defendant who is determined by the court to be
developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(k) A court may not impose a sentence or disposition for a
felony or misdemeanor that requires the defendant to be implanted or
injected with or to use any form of birth control.
(l) (A) Except as provided in paragraph (C) of subsection (l),
whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the Attorney
General of the United States or his or her designated agent to be
deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
4018 JOURNAL OF THE [May 12, 1999]
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act or Section 410 of
the Illinois Controlled Substances Act, the court may, upon
motion of the State's Attorney to suspend the sentence imposed,
commit the defendant to the custody of the Attorney General of
the United States or his or her designated agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who are
subject to the provisions of paragraph (2) of subsection (a) of
Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of the
United States, the defendant shall be recommitted to the custody
of the county from which he or she was sentenced. Thereafter, the
defendant shall be brought before the sentencing court, which may
impose any sentence that was available under Section 5-5-3 at the
time of initial sentencing. In addition, the defendant shall not
be eligible for additional good conduct credit for meritorious
service as provided under Section 3-6-6.
(m) A person convicted of criminal defacement of property under
Section 21-1.3 of the Criminal Code of 1961, in which the property
damage exceeds $300 and the property damaged is a school building,
shall be ordered to perform community service that may include
cleanup, removal, or painting over the defacement.
(Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96; 89-428, eff.
12-13-95; 89-462, eff. 5-29-96; 89-477, eff. 6-18-96; 89-507, eff.
7-1-97; 89-545, eff. 7-25-96; 89-587, eff. 7-31-96; 89-627, eff.
1-1-97; 89-688, eff. 6-1-97; 90-14, eff. 7-1-97; 90-68, eff. 7-8-97;
90-680, eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
revised 9-16-98.). (Source: P.A. 88-80; incorporates 88-311; 88-670,
eff. 12-2-94.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1762 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1817
A bill for AN ACT to amend the Unified Code of Corrections by
changing Section 5-5-3.2.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1817.
HOUSE OF REPRESENTATIVES 4019
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1817 on page 4, by replacing
lines 5 through 7 with the following:
"(18) the defendant committed the offense in a nursing home
or on the real property comprising a nursing home. For the".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1817 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1845
A bill for AN ACT to amend the Illinois Marriage and Dissolution
of Marriage Act by changing Section 607.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1845.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1845 on page 2, by deleting
lines 12 through 24; and
on page 3, line 31 and page 8, line 6, after "rights" each time it
appears, by inserting "of a parent"; and
on page 4, line 1 and page 8, line 10, after the period, each time it
appears, by inserting the following:
"The court may modify an order granting, denying, or limiting
visitation rights of a grandparent, great-grandparent, or sibling of
any minor child whenever a change of circumstances has occurred based
on facts occurring subsequent to the judgment and the court finds by
clear and convincing evidence that the modification is in the best
interest of the minor child."; and
on page 5, immediately below line 18, by inserting the following:
"(f) If an order has been entered limiting a minor child's
contact or visitation with a grandparent, great-grandparent, or
sibling, that order may be modified only upon a showing of a
substantial change in circumstances occurring subsequent to the entry
of the order with proof by clear and convincing evidence that
modification is in the best interest of the minor child."; and
on page 6, by deleting lines 21-33; and
on page 10, immediately below line 11, by inserting the following:
4020 JOURNAL OF THE [May 12, 1999]
"(g) If an order has been entered limiting a minor child's
contact or visitation with a grandparent, great-grandparent, or
sibling, that order may be modified only upon a showing of a
substantial change in circumstances occurring subsequent to the entry
of the order with proof by clear and convincing evidence that
modification is in the best interest of the minor child.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1845 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1893
A bill for AN ACT to amend the Environmental Protection Act by
changing Sections 19.1, 19.2, 19.3, and 19.5.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1893.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1893 by replacing the title
with the following:
"AN ACT to amend the Environmental Protection Act."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
changing Sections 19.1, 19.2, 19.3, 19.4, 19.5, 19.6, and 19.8 as
follows:
(415 ILCS 5/19.1) (from Ch. 111 1/2, par. 1019.1)
Sec. 19.1. Legislative findings. The General Assembly finds:
(a) that local government units require assistance in financing
the construction of wastewater treatment works in order to comply
with the State's program of environmental protection and federally
mandated requirements;
(b) that the federal Water Quality Act of 1987 provides an
important source of grant awards to the State for providing
assistance to local government units through the Water Pollution
Control Loan Program;
(c) that local government units and privately owned community
water supplies require assistance in financing the construction of
their public water supplies to comply with State and federal drinking
water laws and regulations;
(d) that the federal Safe Drinking Water Act ("SDWA"), P.L.
93-532, as now or hereafter amended, provides an important source of
capitalization grant awards to the State to provide assistance to
local government units and privately owned community water supplies
HOUSE OF REPRESENTATIVES 4021
through the Public Water Supply Loan Program; and
(e) that violations of State and federal drinking water
standards threaten the public interest, safety, and welfare, which
demands that the Illinois Environmental Protection Agency
expeditiously adopt emergency rules to administer the Public Water
Supply Loan Program; and.
(f) that the General Assembly agrees with the conclusions and
recommendations of the "Report to the Illinois General Assembly on
the Issue of Expanding Public Water Supply Loan Eligibility to
Privately Owned Community Water Supplies", dated August 1998,
including the stated access to the Public Water Supply Loan Program
by the privately owned public water supplies so that the long term
integrity and viability of the corpus of the Fund will be assured.
(Source: P.A. 90-121, eff. 7-17-97.)
(415 ILCS 5/19.2) (from Ch. 111 1/2, par. 1019.2)
Sec. 19.2. As used in this Title, unless the context clearly
requires otherwise:
(a) "Agency" means the Illinois Environmental Protection Agency.
(b) "Fund" means the Water Revolving Fund created pursuant to
this Title, consisting of the Water Pollution Control Loan Program,
the Public Water Supply Loan Program, and the Loan Support Program.
(c) "Loan" means a loan made from the Water Pollution Control
Loan Program or the Public Water Supply Loan Program to an eligible
local government unit or a privately owned community water supply as
a result of a contractual agreement between the Agency and such unit
or privately owned community water supply.
(d) "Construction" means any one or more of the following which
is undertaken for a public purpose: preliminary planning to
determine the feasibility of the treatment works or public water
supply, engineering, architectural, legal, fiscal or economic
investigations or studies, surveys, designs, plans, working drawings,
specifications, procedures or other necessary actions, erection,
building, acquisition, alteration, remodeling, improvement or
extension of treatment works or public water supplies, or the
inspection or supervision of any of the foregoing items.
"Construction" also includes implementation of source water quality
protection measures and establishment and implementation of wellhead
protection programs in accordance with Section 1452(k)(1) of the
federal Safe Drinking Water Act.
(e) "Intended use plan" means a plan which includes a
description of the short and long term goals and objectives of the
Water Pollution Control Loan Program and the Public Water Supply Loan
Program, project categories, discharge requirements, terms of
financial assistance and the local government units and privately
owned community water supplies communities to be served.
(f) "Treatment works" means any devices and systems owned by a
local government unit and used in the storage, treatment, recycling,
and reclamation of sewerage or industrial wastes of a liquid nature,
including intercepting sewers, outfall sewers, sewage collection
systems, pumping power and other equipment, and appurtenances;
extensions, improvements, remodeling, additions, and alterations
thereof; elements essential to provide a reliable recycled supply,
such as standby treatment units and clear well facilities; and any
works, including site acquisition of the land that will be an
integral part of the treatment process for wastewater facilities.
(g) "Local government unit" means a county, municipality,
township, municipal or county sewerage or utility authority, sanitary
district, public water district, improvement authority or any other
political subdivision whose primary purpose is to construct, operate
and maintain wastewater treatment facilities or public water supply
facilities or both.
4022 JOURNAL OF THE [May 12, 1999]
(h) "Privately owned community water supply" means:
(1) an investor-owned water utility, if under Illinois
Commerce Commission regulation and operating as a separate and
distinct water utility;
(2) a not-for-profit water corporation, if operating
specifically as a water utility; and
(3) a mutually owned or cooperatively owned community water
system, if operating as a separate water utility.
(Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)
(415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
Sec. 19.3. Water Revolving Fund.
(a) There is hereby created within the State Treasury a Water
Revolving Fund, consisting of 3 interest-bearing special programs to
be known as the Water Pollution Control Loan Program, the Public
Water Supply Loan Program, and the Loan Support Program, which shall
be used and administered by the Agency.
(b) The Water Pollution Control Loan Program shall be used and
administered by the Agency to provide assistance to local government
units for the following public purposes:
(1) to accept and retain funds from grant awards,
appropriations, transfers, and payments of interest and
principal;
(2) to make direct loans at or below market interest rates
to any eligible local government unit to finance the construction
of wastewater treatments works;
(3) to make direct loans at or below market interest rates
to any eligible local government unit to buy or refinance debt
obligations for treatment works incurred after March 7, 1985;
(4) to guarantee or purchase insurance for local
obligations where such action would improve credit market access
or reduce interest rates;
(5) as a source of revenue or security for the payment of
principal and interest on revenue or general obligation bonds
issued by the State, if the proceeds of such bonds will be
deposited in the Fund;
(6) to finance the reasonable costs incurred by the Agency
in the administration of the Fund; and
(7) (blank) to transfer funds to the Public Water Supply
Loan Program.
(c) The Loan Support Program shall be used and administered by
the Agency for the following purposes:
(1) to accept and retain funds from grant awards and
appropriations;
(2) to finance the reasonable costs incurred by the Agency
in the administration of the Fund, including activities under
Title III of this Act, including the administration of the State
construction grant program;
(3) to transfer funds to the Water Pollution Control Loan
Program and the Public Water Supply Loan Program;
(4) to accept and retain a portion of the loan repayments;
(5) to finance the development of the low interest loan
program for public water supply projects;
(6) to finance the reasonable costs incurred by the Agency
to provide technical assistance for public water supplies; and
(7) to finance the reasonable costs incurred by the Agency
for public water system supervision programs, to administer or
provide for technical assistance through source water protection
programs, to develop and implement a capacity development
strategy, to delineate and assess source water protection areas,
and for an operator certification program in accordance with
Section 1452 of the federal Safe Drinking Water Act.
HOUSE OF REPRESENTATIVES 4023
(d) The Public Water Supply Loan Program shall be used and
administered by the Agency to provide assistance to local government
units and privately owned community water supplies for public water
supplies for the following public purposes:
(1) to accept and retain funds from grant awards,
appropriations, transfers, and payments of interest and
principal;
(2) to make direct loans at or below market interest rates
to any eligible local government unit or to any eligible
privately owned community water supply to finance the
construction of public water supplies;
(3) to buy or refinance the debt obligation of a local
government unit for costs incurred on or after July 17, 1997 the
effective date of this amendatory Act of 1997;
(4) to guarantee local obligations where such action would
improve credit market access or reduce interest rates;
(5) as a source of revenue or security for the payment of
principal and interest on revenue or general obligation bonds
issued by the State, if the proceeds of such bonds will be
deposited into the Fund; and
(6) (blank) to transfer funds to the Water Pollution
Control Loan Program.
(e) The Agency is designated as the administering agency of the
Fund. The Agency shall submit to the Regional Administrator of the
United States Environmental Protection Agency an intended use plan
which outlines the proposed use of funds available to the State. The
Agency shall take all actions necessary to secure to the State the
benefits of the federal Water Pollution Control Act and the federal
Safe Drinking Water Act, as now or hereafter amended.
(Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)
(415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4)
Sec. 19.4. Regulations; priorities. The Agency shall have the
authority to promulgate regulations to set forth procedures and
criteria concerning loan applications, submittal of information to
the Agency to ascertain the credit worthiness of the loan applicant,
types of security required for the loan including liens, mortgages,
and other kinds of security interests, types of collateral as
necessary that can be pledged to meet or exceed the loan amount,
special loan terms for securing repayment of the loan, the staged
access to the fund by privately owned community water supplies,
assurance of payment, interest rates, loan support rates, impact on
user charges, eligibility of proposed construction, priority of
needs, special loan terms for disadvantaged communities, and maximum
limits on annual distributions of funds to applicants or groups of
applicants. The Agency shall develop and maintain a priority list of
loan applicants as categorized by need. Priority in making loans
from the Water Pollution Control Loan Program must first be given to
local government units which need to make capital improvements to
achieve compliance with National Pollutant Discharge Elimination
System permit requirements pursuant to the federal Water Quality Act
of 1987 and this Act. Priority in making loans from the Public Water
Supply Loan Program must first be given to local government units and
privately owned community water supplies that need to make capital
improvements to protect human health and to achieve compliance with
the State and federal primary drinking water standards adopted
pursuant to this Act and the federal Safe Drinking Water Act, as now
and hereafter amended.
(Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)
(415 ILCS 5/19.5) (from Ch. 111 1/2, par. 1019.5)
Sec. 19.5. Loans; repayment.
(a) The Agency shall have the authority to make loans for a public
4024 JOURNAL OF THE [May 12, 1999]
purpose to local government units for the construction of treatment
works and to local government units and privately owned community
public water supplies for the construction of public water supplies
pursuant to the regulations promulgated under Section 19.4.
(b) Loans made from the Fund shall provide for:
(1) a schedule of disbursement of proceeds;
(2) a fixed rate that includes interest and loan support
based upon priority, but the loan support rate shall not exceed
one-half of the fixed rate established for each loan;
(3) a schedule of repayment;
(4) initiation of principal repayments within one year
after the project is operational; and
(5) a confession of judgment upon default.
(c) The Agency may amend existing loans to include a loan
support rate only if the overall cost to the loan recipient is not
increased.
(d) A local government unit or privately owned community water
supply shall secure the payment of its obligations to the Fund by a
dedicated source of repayment, including revenues derived from the
imposition of rates, fees and charges and by other types of security
or collateral or both required to secure the loan pursuant to the
regulations promulgated under Section 19.4. In the event of a
delinquency as to payments to the Fund, the local government unit or
privately owned community water supply shall revise its rates, fees
and charges to meet its obligations.
(Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.)
(415 ILCS 5/19.6) (from Ch. 111 1/2, par. 1019.6)
Sec. 19.6. Delinquent loan repayment.
(a) In the event that a timely payment is not made by a local
government unit or the privately owned community water supply
according to the loan schedule of repayment, the local government
unit or privately owned community water supply shall notify the
Agency in writing within 15 days after the payment due date. The
notification shall include a statement of the reasons the payment was
not timely tendered, the circumstances under which the late payments
will be satisfied, and binding commitments to assure future payments.
After receipt of this notification, the Agency shall confirm in
writing the acceptability of the plan or take action in accordance
with subsection (b) of this Section.
(b) In the event that a local government unit or privately owned
community water supply fails to comply with subsection (a) of this
Section, the Agency shall promptly issue a notice of delinquency to
the local government unit or privately owned community water supply
which shall require a written response within 15 30 days. The notice
of delinquency shall require that the local government unit or
privately owned community water supply revise its rates, fees and
charges to meet its obligations pursuant to subsection (d) of Section
19.5 or take other specified actions as may be appropriate to remedy
the delinquency and to assure future payments.
(c) In the event that the local government unit or privately
owned community water supply fails to timely or adequately respond to
a notice of delinquency, or fails to meet its obligations made
pursuant to subsections (a) and (b) of this Section, the Agency shall
pursue the collection of the amounts past due, the outstanding loan
balance and the costs thereby incurred, either pursuant to the
Illinois State Collection Act of 1986 or by any other reasonable
means as may be provided by law, including the taking of title by
foreclosure or otherwise to any project or other property pledged,
mortgaged, encumbered, or otherwise available as security or
collateral.
(Source: P.A. 90-121, eff. 7-17-97.)
HOUSE OF REPRESENTATIVES 4025
(415 ILCS 5/19.8) (from Ch. 111 1/2, par. 1019.8)
Sec. 19.8. Advisory committees; reports. (a) The Director of
the Agency shall appoint committees to advise the Agency concerning
the financial structure of the Programs. The committees shall
consist of representatives from appropriate State agencies, the
financial community, engineering societies and other interested
parties. The committees shall meet periodically and members shall be
reimbursed for their ordinary and necessary expenses incurred in the
performance of their committee duties.
(b) The Agency shall report to the General Assembly by June 30,
1998 regarding the feasibility of providing drinking water loans to
not-for-profit community water supplies that serve units of local
government and to investor-owned public utilities. The report shall
include a detailed discussion of all relevant factors and shall
include participation from representatives of the affected entities.
(Source: P.A. 90-121, eff. 7-17-97.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1893 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1968
A bill for AN ACT to amend the Illinois Farm Development Act by
changing Section 11.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1968.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1968 on page 1, line 11, by
replacing "$350,000,000 $300,000,000" with "$300,000,000"; and
on page 1, line 20, by replacing "$50,000,000" with "$75,000,000
$50,000,000".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1968 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
4026 JOURNAL OF THE [May 12, 1999]
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1972
A bill for AN ACT concerning off-highway vehicles.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1972.
Senate Amendment No. 2 to HOUSE BILL NO. 1972.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1972 on page 3 by replacing
lines 27 through 30 with the following:
"off-highway vehicle public access stickers. Issuing fees may be set
by administrative rule.
(f) The Department is authorized to modify any".
AMENDMENT NO. 2. Amend House Bill 1972 on page 4, by replacing
line 1 with the following:
"changing Sections 3-102 and 3-821 as follows:
"(625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102)
Sec. 3-102. Exclusions.
No certificate of title need be obtained for:
1. A vehicle owned by the State of Illinois; or a vehicle owned
by the United States unless it is registered in this State;
2. A vehicle owned by a manufacturer or dealer and held for
sale, even though incidentally moved on the highway or used for
purposes of testing or demonstration, provided a dealer reassignment
area is still available on the manufacturer's certificate of origin
or the Illinois title; or a vehicle used by a manufacturer solely for
testing;
3. A vehicle owned by a non-resident of this State and not
required by law to be registered in this State;
4. A motor vehicle regularly engaged in the interstate
transportation of persons or property for which a currently effective
certificate of title has been issued in another State;
5. A vehicle moved solely by animal power;
6. An implement of husbandry;
7. Special mobile equipment;
8. An apportionable trailer or an apportionable semitrailer
registered in the State prior to April 1, 1998.
(Source: P.A. 89-710, eff. 2-14-97.)"; and
on page 4, lines 11 and 12, by deleting ", unless accepted by a
dealer in trade"; and
on page 4, line 15, by replacing "unless" with "or".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 1972 was placed on the Calendar on the
HOUSE OF REPRESENTATIVES 4027
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1987
A bill for AN ACT to amend the Property Tax Code by changing
Section 1-130 and by adding Division 11 to Article 10.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1987.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1987 on page 2, line 2, by
replacing "where appropriate." with "except in those circumstances
where another method is clearly more appropriate.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1987 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2085
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Sections 12-205.1 and 12-709.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2085.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2085 on page 3, line 17, after
"Section.", by inserting the following:
4028 JOURNAL OF THE [May 12, 1999]
"A violation of this subsection (d) is a petty offense punishable by
a fine of $25 for the first offense and $75 for a second or
subsequent offense within one year of the first offense.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2085 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2098
A bill for AN ACT in relation to probation and pretrial services
fees.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2098.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2098, on page 8, by inserting
between lines 14 and 15 the following:
"Section 11. The Unified Code of Corrections is amended by
changing Section 5-5-7 as follows:
(730 ILCS 5/5-5-7) (from Ch. 38, par. 1005-5-7)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has
been held unconstitutional)
Sec. 5-5-7. Neither the State, any local government, probation
department, public or community service program or site, nor any
official, shareholder, director, volunteer, or employee thereof
acting in the course of their official duties shall be liable for any
injury or loss a person might receive while performing public or
community service as ordered by the court, or by any duly authorized
station or probation adjustment, teen court, community mediation, or
other administrative diversion program for a violation of a penal
statute of this State, local government ordinance (whether penal,
civil or quasi-criminal), or traffic offense, nor shall they be
liable for any tortious acts of any person performing public or
community service, except for wilful, wanton misconduct or gross
negligence on the part of such governmental unit, probation
department, public or community service site, or any official,
shareholder, director, volunteer, or employee thereof.
(Source: P.A. 85-449.)"; and
on page 9, by inserting after line 23 the following:
"Section 20. The Probation Community Service Act is amended by
changing Section 1 as follows:
(730 ILCS 115/1) (from Ch. 38, par. 204a-1)
Sec. 1. (a) "Public or Community Service" means uncompensated
HOUSE OF REPRESENTATIVES 4029
labor for a non-profit organization or public body whose purpose is
to enhance physical, or mental stability, environmental quality or
the social welfare and which agrees to accept public or community
service from offenders and to report on the progress of the public or
community service to the court.
(b) "Site" means non-profit organization or public body, church,
charitable organization, corporation, business, or individual
agreeing to accept community service from offenders and to report on
the progress of ordered public or required community service to the
court or to the authorized diversion program that has referred the
offender for community service its delegate.
(c) The county boards of the several counties in this State are
authorized to establish and operate agencies to develop and supervise
programs of public or community service for those persons placed by
the court on probation, conditional discharge, or supervision.
(d) The programs shall be developed in cooperation with the
circuit courts for the respective counties developing such programs
and shall conform with any law restricting the use of public or
community service.
(e) Neither the State, any local government, probation
department, public or community service program or site, nor any
official, shareholder, director, volunteer, or employee thereof
acting in the course of their official duties shall be liable for any
injury or loss a person might receive while performing public or
community service as ordered by the court or by any duly authorized
station or probation adjustment, teen court, community mediation, or
other administrative diversion program for a violation of a penal
statute of this State, local government ordinance (whether penal,
civil, or quasi-criminal), or traffic offense, nor shall they be
liable for any tortious acts of any person performing public or
community service, except for wilful, wanton misconduct or gross
negligence on the part of such governmental unit, probation
department, public or community service site, or any official,
shareholder, director, volunteer, or employee thereof.
(f) No person assigned to a public or community service program
shall be considered an employee for any purpose, nor shall the county
board be obligated to provide any compensation to such person.
(Source: P.A. 85-449.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2098 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2180
A bill for AN ACT to amend the Property Tax Code by changing
Section 1-55.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2180.
4030 JOURNAL OF THE [May 12, 1999]
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2180 on page 1, by replacing
lines 1 and 2 with the following:
"AN ACT to amend the Property Tax Code by changing Sections
21-295, 21-305, 21-345, and 22-40 and adding Sections 21-306 and
21-397."; and
on page 1, by replacing lines 5 through 14 with the following:
"Section 5. The Property Tax Code is amended by changing
Sections 21-295, 21-305, 21-345, and 22-40 and adding Sections 21-306
and 21-397 as follows:
(35 ILCS 200/21-295)
Sec. 21-295. Creation of indemnity fund.
(a) In counties of less than 3,000,000 inhabitants, each person
purchasing any property at a sale under this Code shall pay to the
County Collector, prior to the issuance of any certificate of
purchase, a fee of $20 for each item purchased in counties of less
than 3,000,000 inhabitants and $80 in counties of 3,000,000 or more
inhabitants. In all counties, A like sum shall be paid for each year
that all or a portion of an installment of subsequent taxes, or
portion thereof is are paid by the tax purchaser and posted to the
tax judgment, sale, redemption and forfeiture record where the
underlying certificate of purchase is recorded. The amount paid
prior to issuance of the certificate of purchase shall be included in
the purchase price of the property in the certificate of purchase and
all amounts paid under this subsection shall be included in the
amount required to redeem under Section 21-355.
(a-5) In counties of 3,000,000 or more inhabitants, each person
purchasing property at a sale under this Code shall pay to the County
Collector a fee of $80 for each item purchased plus an additional sum
equal to 5% of total taxes, interest, and penalties, including the
taxes, interest, and penalties paid under Section 21-240. In these
counties, the certificate holder shall also pay to the County
Collector a fee of $80 for each year that all or a portion of
subsequent taxes are paid by the tax purchaser and posted to the tax
judgment, sale, redemption, and forfeiture record, plus an additional
sum equal to 5% of all subsequent taxes, interest, and penalties.
The additional 5% fee is not required after December 31, 2006.
(b) The amount paid prior to issuance of the certificate of
purchase pursuant to subsection (a) or (a-5) shall be included in the
purchase price of the property in the certificate of purchase and all
amounts paid under this Section shall be included in the amount
required to redeem under Section 21-355. Except as otherwise provided
in subsection (b) of Section 21-300, all money received under
subsection (a) or (a-5) shall be paid by the Collector to the County
Treasurer of the County in which the land is situated, for the
purpose of an indemnity fund. The County Treasurer, as trustee of
that fund, shall invest all of that fund, principal and income, in
his or her hands from time to time, if not immediately required for
payments of indemnities under subsection (a) of Section 21-305, in
investments permitted by the Illinois State Board of Investment under
Article 22A of the Illinois Pension Code. The county collector shall
report annually to the Circuit Court on the condition and income of
the fund. The indemnity fund shall be held to satisfy judgments
obtained against the County Treasurer, as trustee of the fund. No
payment shall be made from the fund, except upon a judgment of the
court which ordered the issuance of a tax deed.
HOUSE OF REPRESENTATIVES 4031
(Source: P.A. 86-1028; 86-1431; 88-455.)
(35 ILCS 200/21-305)
Sec. 21-305. Payments from Indemnity Fund.
(a) Any owner of property sold under any provision of this Code
who sustains loss or damage by reason of the issuance of a tax deed
under Section 21-445 or 22-40 and who is barred or is in any way
precluded from bringing an action for the recovery of the property
shall have the right to indemnity for the loss or damage sustained,
limited as follows:
(1) An owner who resided on property that contained 4 or
less dwelling units on the last day of the period of redemption
and who is equitably entitled to compensation for the loss or
damage sustained has the right to indemnity. An equitable
indemnity award shall be limited to the fair cash value of the
property as of the date the tax deed was issued less any
mortgages or liens on the property, and the award will not exceed
$99,000. The Court shall liberally construe this equitable
entitlement standard to provide compensation wherever, in the
discretion of the Court, the equities warrant the action.
An owner of a property that contained 4 or less dwelling
units who requests an award in excess of $99,000 must prove that
the loss of his or her property was not attributable to his or
her own fault or negligence before an award in excess of $99,000
will be granted.
(2) An owner who sustains the loss or damage of any
property occasioned by reason of the issuance of a tax deed,
without fault or negligence of his or her own, has the right to
indemnity limited to the fair cash value of the property less
any mortgages or liens on the property. In determining the
existence of fault or negligence, the court shall consider
whether the owner exercised ordinary reasonable diligence under
all of the relevant circumstances.
(3) In determining the fair cash value of property less any
mortgages or liens on the property, the fair cash value shall be
reduced by the principal amount of all taxes paid by the tax
purchaser or his or her assignee before the issuance of the tax
deed.
(4) If an award made under paragraph (1) or (2) is subject
to a reduction by the amount of an outstanding mortgage or lien
on the property, other than the principal amount of all taxes
paid by the tax purchaser or his or her assignee before the
issuance of the tax deed and the petitioner would be personally
liable to the mortgagee or lienholder for all or part of that
reduction amount, the court shall order an additional indemnity
award to be paid directly to the mortgagee or lienholder
sufficient to discharge the petitioner's personal liability. The
court, in its discretion, may order the joinder of the mortgagee
or lienholder as an additional party to the indemnity action. Any
owner of property sold under any provision of this Code, who
without fault or negligence of his or her own sustains loss or
damage by reason of the issuance of a tax deed under Sections
22-40 or 21-445 and who is barred or in any way precluded from
bringing an action for the recovery of the property or any owner
of property containing 4 or less dwelling units who resided
thereon the last day of the period of redemption who, in the
opinion of the Court which issued the tax deed order, is
equitably entitled to just compensation, has the right to
indemnity for the loss or damage sustained. Indemnity shall be
limited to the fair cash value of the property as of the date
that the tax deed was issued, less any mortgages or liens
thereon.
4032 JOURNAL OF THE [May 12, 1999]
(b) Indemnity fund; subrogation.
(1) Any person claiming indemnity hereunder shall petition
the Court which ordered the tax deed to issue, shall name the
County Treasurer, as Trustee of the indemnity fund, as defendant
to the petition, and shall ask that judgment be entered against
the County Treasurer, as Trustee, in the amount of the indemnity
sought. The provisions of the Civil Practice Law shall apply to
proceedings under the petition, except that neither the
petitioner nor County Treasurer shall be entitled to trial by
jury on the issues presented in the petition. The Court shall
liberally construe this Section to provide compensation wherever
in the discretion of the Court the equities warrant such action.
(2) The County Treasurer, as Trustee of the indemnity fund,
shall be subrogated to all parties in whose favor judgment may be
rendered against him or her, and by third party complaint may
bring in as a defendant any a person, other than the tax deed
grantee and its successors in title, not a party to the action
who is or may be liable to him or her, as subrogee, for all or
part of the petitioner's claim against him or her.
(c) Any contract involving the proceeds of a judgment for
indemnity under this Section, between the tax deed grantee or its
successors in title and the indemnity petitioner or his or her
successors, shall be in writing. In any action brought under Section
21-305, the Collector shall be entitled to discovery regarding, but
not limited to, the following:
(1) the identity of all persons beneficially interested in
the contract, directly or indirectly, including at least the
following information: the names and addresses of any natural
persons; the place of incorporation of any corporation and the
names and addresses of its shareholders unless it is publicly
held; the names and addresses of all general and limited partners
of any partnership; the names and addresses of all persons having
an ownership interest in any entity doing business under an
assumed name, and the county in which the assumed business name
is registered; and the nature and extent of the interest in the
contract of each person identified;
(2) the time period during which the contract was
negotiated and agreed upon, from the date of the first direct or
indirect contact between any of the contracting parties to the
date of its execution;
(3) the name and address of each natural person who took
part in negotiating the contract, and the identity and
relationship of the party that the person represented in the
negotiations; and
(4) the existence of an agreement for payment of attorney's
fees by or on behalf of each party.
Any information disclosed during discovery may be subject to
protective order as deemed appropriate by the court. The terms of the
contract shall not be used as evidence of value.
(Source: P.A. 86-1028; 86-1431; 88-455.)
(35 ILCS 200/21-306 new)
Sec. 21-306. Indemnity fund fraud.
(a) A person commits the offense of indemnity fund fraud when
that person knowingly:
(1) offers or agrees to become a party to, or to acquire an
interest in, a contract involving the proceeds of a judgment for
indemnity under Section 21-305 before the end of the period of
redemption from the tax sale to which the judgment relates;
(2) fraudulently induces a party to forego bringing an
action for the recovery of the property;
(3) makes a deceptive misrepresentation during the course
HOUSE OF REPRESENTATIVES 4033
of negotiating an agreement under subsection (c) of Section
21-305; or
(4) conspires to violate any of the provisions of this
subsection.
(b) Commission of any one act described in subsection (a) is a
Class A misdemeanor. Commission of more than one act described in
subsection (a) during a single course of conduct is a Class 4 felony.
A second or subsequent conviction for violation of any portion of
this Section is a Class 4 felony.
(c) The State's Attorney of the county in which a judgment for
indemnity under Section 21-305 is entered may bring a civil action in
the name of the People of the State of Illinois against a person who
violates paragraph (1), (2), or (3) of subsection (a). Upon a finding
of liability in the action the court shall enter judgment in favor of
the People in a sum equal to three times the amount of the judgment
for indemnity, together with costs of the action and reasonable
attorney's fees. The proceeds of any judgment under this subsection
shall be paid into the general fund of the county.
(35 ILCS 200/21-345)
Sec. 21-345. Right of redemption.
(a) Property sold under this Code may be redeemed only by those
persons having a right of redemption as defined in this Section and
only in accordance with this Code.
A right to redeem property from any sale under this Code shall
exist in any owner or person interested in that property, other than
an undisclosed beneficiary of an Illinois land trust, whether or not
the interest in the property sold is recorded or filed. Any
redemption shall be presumed to have been made by or on behalf of the
owners and persons interested in the property and shall inure to the
benefit of the persons having the legal or equitable title to the
property redeemed, subject to the right of the person making the
redemption to be reimbursed by the persons benefited. No redemption
shall be held invalid by reason of the failure of the person
redeeming to have recorded or filed the document evidencing an
interest in the property prior to redemption, other than an
undisclosed beneficiary of an Illinois land trust.
(b) Any person who desires to redeem and does not desire to
contest the validity of a petition for tax deed may redeem pursuant
to this Section and related Sections of this Code without submitting
a written protest under Section 21-380. This subsection (b) shall be
construed as declarative of existing law and not as a new enactment.
(Source: P.A. 86-286; 86-413; 86-418; 86-949; 86-1028; 86-1158;
86-1481; 87-145; 87-236; 87-435; 87-895; 87-1189; 88-455.)
(35 ILCS 200/21-397 new)
Sec. 21-397. Notice of order setting aside redemption. In
counties with 3,000,000 or more inhabitants, if an order is entered
setting aside a redemption made within the time allowed by law after
a petition for tax deed has been filed, the holder of the certificate
of purchase shall mail a copy of the order within 7 days of entry of
the order by registered or certified mail to the county clerk, to the
person who made the redemption, and to all parties entitled to notice
of the petition under Section 22-10, 22-15, or 22-25. The order shall
provide that any person who was entitled to redeem may pay to the
county clerk within 30 days after the entry of the order the amount
necessary to redeem the property from the sale as of the last day of
the period of redemption. The county clerk shall make an entry in the
annual tax judgment, sale, redemption, and forfeiture record
reflecting the entry of the order and shall immediately upon request
provide an estimate of the amount required to effect a redemption as
of the last date of the period of redemption. If the amount is paid
within 30 days after entry of the order, then the court shall enter
4034 JOURNAL OF THE [May 12, 1999]
an order declaring the taxes to be paid as if the property had been
redeemed within the time required by law and dismissing the petition
for tax deed. A tax deed shall not be issued within the 30-day
period. Upon surrender of the certificate of purchase, the county
clerk shall distribute the funds deposited as if a timely redemption
had been made. This Section applies to all redemptions that occur
after the effective date of this amendatory Act of the 91st General
Assembly.
(35 ILCS 200/22-40)
Sec. 22-40. Issuance of deed; possession.
(a) If the redemption period expires and the property has not
been redeemed and all taxes and special assessments which became due
and payable subsequent to the sale have been paid and all forfeitures
and sales which occur subsequent to the sale have been redeemed and
the notices required by law have been given and all advancements of
public funds under the police power made by a city, village or town
under Section 22-35 have been paid and the petitioner has complied
with all the provisions of law entitling him or her to a deed, the
court shall so find and shall enter an order directing the county
clerk on the production of the certificate of purchase and a
certified copy of the order, to issue to the purchaser or his or her
assignee a tax deed. The court shall insist on strict compliance
with Section 22-10 through 22-25. Prior to the entry of an order
directing the issuance of a tax deed, the petitioner shall furnish
the court with a report of proceedings of the evidence received on
the application for tax deed and the report of proceedings shall be
filed and made a part of the court record.
(b) If taxes for years prior to the year sold remain delinquent
at the time of the tax deed hearing, those delinquent taxes may be
merged into the tax deed if the court determines that all other
requirements for receiving an order directing the issuance of the tax
deed are fulfilled and makes a further determination under either
paragraph (1) or (2).
(1) Incomplete estimate.
(A) The property in question was purchased at an
annual sale; and
(B) the statement and estimate of forfeited general
taxes furnished by the county clerk pursuant to Section
21-240 failed to include all delinquent taxes as of the date
of that estimate's issuance.
(2) Vacating order.
(A) The petitioner furnishes the court with a
certified copy of an order vacating a prior sale for the
subject property;
(B) the order vacating the sale was entered after the
date of purchase for the subject taxes;
(C) the sale in error was granted pursuant to
paragraphs (1), (2), or (4) of subsection (b) of Section
21-310 or Section 22-35; and
(D) the tax purchaser who received the sale in error
has no affiliation, direct or indirect, with the petitioner
in the present proceeding and that petitioner has signed an
affidavit attesting to the lack of affiliation.
If delinquent taxes are merged into the tax deed pursuant to this
subsection, a declaration to that effect shall be included in the
order directing issuance of the tax deed. Nothing contained in this
Section shall relieve any owner liable for delinquent property taxes
under this Code from the payment of the taxes that have been merged
into the title upon issuance of the tax deed.
(c) The county clerk is entitled to a fee of $10 in counties of
3,000,000 or more inhabitants and $5 in counties with less than
HOUSE OF REPRESENTATIVES 4035
3,000,000 inhabitants for the issuance of the tax deed. The clerk
may not include in a tax deed more than one property as listed,
assessed and sold in one description, except in cases where several
properties are owned by one person.
Upon application the court shall, enter an order to place the tax
deed grantee in possession of the property and may enter orders and
grant relief as may be necessary or desirable to maintain the grantee
in possession.
(Source: P.A. 86-1158; 86-1431; 86-1475; 87-145; 87-669; 87-671;
87-895; 87-1189; 88-455.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2180 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2217
A bill for AN ACT to amend the Illinois Public Aid Code by
changing Section 9A-11.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2217.
Passed the Senate, as amended, May 12, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2217 as follows:
by replacing the title with the following:
"AN ACT to amend the Illinois Public Aid Code by changing Section
9A-11."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Public Aid Code is amended by changing
Section 9A-11 as follows:
(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
Sec. 9A-11. Child Care.
(a) The General Assembly recognizes that families with children
need child care in order to work. Child care is expensive and
families with low incomes, including those who are transitioning from
welfare to work, often struggle to pay the costs of day care. The
General Assembly understands the importance of helping low income
working families become and remain self-sufficient. The General
Assembly also believes that it is the responsibility of families to
share in the costs of child care. It is also the preference of the
General Assembly that all working poor families should be treated
equally, regardless of their welfare status.
4036 JOURNAL OF THE [May 12, 1999]
(b) To the extent resources permit, the Illinois Department
shall provide child care services to parents or other relatives as
defined by rule who are working or participating in employment or
Department approved education or training programs. At a minimum,
the Illinois Department shall cover the following categories of
families:
(1) recipients of TANF under Article IV participating in
work and training activities as specified in the personal plan
for employment and self-sufficiency;
(2) families transitioning from TANF to work;
(3) families at risk of becoming recipients of TANF;
(4) families with special needs as defined by rule; and
(5) working families with very low incomes as defined by
rule.
The Department shall specify by rule the conditions of
eligibility, the application process, and the types, amounts, and
duration of services. Eligibility for child care benefits and the
amount of child care provided may vary based on family size, income,
and other factors as specified by rule. In determining income
eligibility for child care benefits, the Department shall establish,
by rule, one income threshold for each family size, in relation to
percentage of State median income for a family of that size, that
makes families with incomes below the specified threshold eligible
for assistance and families with incomes above the specified
threshold ineligible for assistance. In determining eligibility for
assistance, the Department shall not give preference to any category
of recipients or give preference to individuals based on their
receipt of benefits under this Code. The Department shall allocate
$7,500,000 annually for a test program for families who are
income-eligible for child care assistance, who are not recipients of
TANF under Article IV, and who need child care assistance to
participate in education and training activities. The Department
shall specify by rule the conditions of eligibility for this test
program. It is the intent of the General Assembly that, for fiscal
year 1998, to the extent resources permit, the Department shall
establish an income eligibility threshold of 50% of the State median
income. Notwithstanding the income level at which families become
eligible to receive child care assistance, any family that is already
receiving child care assistance on the effective date of this
amendatory Act of 1997 shall remain eligible for assistance for
fiscal year 1998. Nothing in this Section shall be construed as
conferring entitlement status to eligible families. The Illinois
Department is authorized to lower income eligibility ceilings, raise
parent co-payments, create waiting lists, or take such other actions
during a fiscal year as are necessary to ensure that child care
benefits paid under this Article do not exceed the amounts
appropriated for those child care benefits. These changes may be
accomplished by emergency rule under Section 5-45 of the Illinois
Administrative Procedure Act, except that the limitation on the
number of emergency rules that may be adopted in a 24-month period
shall not apply. The Illinois Department may contract with other
State agencies or child care organizations for the administration of
child care services.
(c) Payment shall be made for child care that otherwise meets
the requirements of this Section and applicable standards of State
and local law and regulation, including any requirements the Illinois
Department promulgates by rule in addition to the licensure
requirements promulgated by the Department of Children and Family
Services and Fire Prevention and Safety requirements promulgated by
the Office of the State Fire Marshal and is provided in any of the
following:
HOUSE OF REPRESENTATIVES 4037
(1) a child care center which is licensed or exempt from
licensure pursuant to Section 2.09 of the Child Care Act of 1969;
(2) a licensed child care home or home exempt from
licensing;
(3) a licensed group child care home;
(4) other types of child care, including child care
provided by relatives or persons living in the same home as the
child, as determined by the Illinois Department by rule.
(d) The Illinois Department shall, by rule, require co-payments
for child care services by any parent, including parents whose only
income is from assistance under this Code. The co-payment shall be
assessed based on a sliding scale based on family income, family
size, and the number of children in care.
(e) The Illinois Department shall conduct a market rate survey
based on the cost of care and other relevant factors which shall be
completed by July 1, 1998.
(f) The Illinois Department shall, by rule, set rates to be paid
for the various types of child care. Child care may be provided
through one of the following methods:
(1) arranging the child care through eligible providers by
use of purchase of service contracts or vouchers;
(2) arranging with other agencies and community volunteer
groups for non-reimbursed child care;
(3) (blank); or
(4) adopting such other arrangements as the Department
determines appropriate.
(g) Families eligible for assistance under this Section shall be
given the following options:
(1) receiving a child care certificate issued by the
Department or a subcontractor of the Department that may be used
by the parents as payment for child care and development services
only; or
(2) if space is available, enrolling the child with a child
care provider that has a purchase of service contract with the
Department or a subcontractor of the Department for the provision
of child care and development services. The Department may
identify particular priority populations for whom they may
request special consideration by a provider with purchase of
service contracts, provided that the providers shall be permitted
to maintain a balance of clients in terms of household incomes
and families and children with special needs, as defined by rule.
(Source: P.A. 90-17, eff. 7-1-97.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2217 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2616
A bill for AN ACT in relation to electronic mail.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
4038 JOURNAL OF THE [May 12, 1999]
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2616.
Passed the Senate, as amended, May 12, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2616 on page 1, line 13 by
changing "an" to "a prior or"; and
on page 2, line 11 by inserting "unsolicited" after "an"; and
on page 3, line 14 by inserting "unsolicited" after "any"; and
on page 3, line 19 by inserting "unsolicited" after "any".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2616 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2644
A bill for AN ACT concerning the regulation of professions,
amending named Acts.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2644.
Passed the Senate, as amended, May 12, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2644 by replacing everything
after the enacting clause with the following:
"Section 5. The Dietetic and Nutrition Services Practice Act is
amended by changing Section 85 as follows:
(225 ILCS 30/85) (from Ch. 111, par. 8401-85)
Sec. 85. Fees. The Department shall provide by rule for a
schedule of fees for the administration and enforcement of this Act,
including but not limited to original licensure, renewal, and
restoration. The fees shall be nonrefundable.
All fees collected under this Act shall be deposited into the
General Professions Dedicated Fund and shall be appropriated to the
Department for the ordinary and contingent expenses of the Department
in the administration of this Act. The following fees shall be
imposed by the Department and are not refundable:
(a) A fee of $100 must accompany an application for a license
under this Act.
HOUSE OF REPRESENTATIVES 4039
(b) In addition, applicants for any examination as a dietitian
shall be required to pay, either to the Department or to the
designated testing service, a fee covering the cost of providing the
examination. Failure to appear for the examination on the scheduled
date, at the time and place specified, after the applicant's
application for the examination has been received and acknowledged by
the Department or the designated testing service, shall result in the
forfeiture of the examination fee.
(c) The fee for the renewal of a license as a dietitian or
nutrition counselor shall be $50 per year.
(d) The fee for application for a license for a dietitian or
nutrition counselor licensed under the laws of another jurisdiction
is $200.
(e) The fee for the restoration of a license other than from
inactive status is $25 plus payment of all lapsed renewal fees.
(f) The fee for the issuance of a duplicate license, for the
issuance of a replacement registration for a license that has been
lost or destroyed, or for the issuance of a license with a change of
name or address other than during the renewal period is $25. No fee
is required for name and address changed on Department records where
a duplicate registration is not issued.
(g) The fee for certification of a license for any purpose is
$25.
(h) The fee to have the scoring of an examination administered
by the Department reviewed and verified is $25 plus any fees charged
by the applicable testing service.
(i) The fee for a wall certificate showing a license shall be
the actual cost of producing the certificate.
(j) The fee for a roster of licensees as dietitians or nutrition
counselors in this State shall be the actual cost of producing the
roster.
(k) The fee for initial approval of a continuing education
sponsor shall be $500. The fee for renewal of sponsor approval shall
be $250 every 2 years. State colleges, universities, and State
agencies located in Illinois are exempt from payment of this fee.
(Source: P.A. 87-784; 87-1000.)
Section 10. The Environmental Health Practitioner Licensing Act
is amended by changing Section 28 as follows:
(225 ILCS 37/28)
Sec. 28. Fees. The Department shall provide by rule for a
schedule of fees for the administration and enforcement of this Act,
including but not limited to original licensure, renewal, and
restoration. The fees shall be nonrefundable. The fees imposed under
this Act are as follows and are nonrefundable:
(1) The fee for application for an environmental health
practitioner license is $100.
(2) Applicants for examination shall pay, either to the
Department or to the designated testing service, a fee covering the
cost of providing the examination.
(3) The fee for renewal of a license is $110 per year.
(4) The fee for reinstatement of a license that has expired for
less than 5 years is $20, plus payment of all unpaid fees for every
year that has lapsed.
(5) The fee for the restoration of a license, other than from
inactive status, is $10 plus payment of all lapsed renewal fees.
(6) The fee for the restoration of a license that has expired
for more than 5 years is $300.
(7) The fee for issuance of a duplicate license, a replacement
license that has been lost or destroyed, or a license with a change
of name or address, other than during the renewal period, is $20. No
fee is required for name and address changes on Department records
4040 JOURNAL OF THE [May 12, 1999]
when no duplicate license is issued.
(8) The fee for certification of a license for any purpose is
$20.
(9) The fee for a wall certificate showing the granting of a
license shall be the actual cost of producing the certificate.
(10) The fee for a roster of persons licensed as environmental
health practitioners in this State shall be the actual cost of
production of the roster.
(11) The fee for a sponsor of continuing education shall be set
by rule.
(Source: P.A. 89-61, eff. 6-30-95.)
Section 15. The Funeral Directors and Embalmers Licensing Code
is amended by changing Section 15-65 as follows:
(225 ILCS 41/15-65)
Sec. 15-65. Fees. The Department shall provide by rule for a
schedule of fees for the administration and enforcement of this Act,
including but not limited to original licensure, renewal, and
restoration. The fees shall be nonrefundable.
All fees collected under this Act shall be deposited into the
General Professions Dedicated Fund and shall be appropriated to the
Department for the ordinary and contingent expenses of the Department
in the administration of this Act. The following fees shall be paid
to the Department for the licensing and registration functions
performed by the Department under this Code:
(A) License of funeral director and embalmer trainee.
(1) The fee to be paid by an applicant for a license as a
funeral director and embalmer trainee is $50.
(2) The fee to be paid upon the renewal of a license as a
funeral director and embalmer trainee is $100.
(B) License of funeral director and embalmer or funeral
director.
(1) The fee to be paid by an applicant for a license as a
funeral director and embalmer is $100. The Department may
provide for examination fees to be paid directly to a designated
testing service.
(2) The fee to be paid by an applicant for a license as a
funeral director and embalmer licensed under the laws of another
State or territory of the United States or of a foreign country
or province is $200.
(3) The fee to be paid upon the renewal of a license as a
funeral director and embalmer is $100; and $50 for a funeral
director.
(4) The fee to be paid for the reinstatement of a license
as a funeral director and embalmer or funeral director that has
been expired for not more than 5 years is $10 plus all lapsed
renewal fees.
(5) The fee to be paid for the restoration of a license as
a funeral director and embalmer that has been expired for more
than 5 years is $260; and $130 for a funeral director.
(6) The fee to place a license on inactive status is $20.
(C) General fees.
(1) The fee to be paid for the issuance of a duplicate
license, for the issuance of a replacement license for a license
which has been lost or destroyed or for the issuance of a license
with a change of name or address other than during the renewal
period is $10.
(2) The fee to be paid for a certification of a licensee's
record for any purpose is $10.
(3) The fee to be paid to have the scoring of an
examination administered by the Department reviewed and verified
is $10.
HOUSE OF REPRESENTATIVES 4041
(4) The fee to be paid by a licensee for a wall certificate
showing the license shall be the actual cost of producing the
certificate.
(5) The fee to be paid for a roster of persons licensed as
funeral directors, funeral directors and embalmers, or funeral
director and embalmer trainees in this State shall be the actual
cost of producing the roster.
(6) The fee to be paid to the Department for a printed copy
of this Code and of the rules and regulations promulgated for the
administration of this Code is $1.
(Source: P.A. 87-966.)
Section 20. The Illinois Physical Therapy Act is amended by
changing Section 16.1 as follows:
(225 ILCS 90/16.1)
Sec. 16.1. Fees. The Department shall provide by rule a schedule
of fees for the administration and enforcement of this Act, including
but not limited to original licensure, renewal, and restoration. The
fees shall be nonrefundable.
(a) The application fee for a license is $100.
(b) Applicants for any examination shall be required to pay,
either to the Department or to the designated testing service, a fee
covering the cost of determining an applicant's eligibility and
providing the examination. Failure to appear for the examination on
the scheduled date, at the time and place specified, after the
applicant's application for examination has been received and
acknowledged by the Department or the designated testing service,
shall result in the forfeiture of the examination fee.
(c) The fee for the renewal of a license shall be calculated at
the rate of $30 per year.
(d) The fee for the restoration of a license other than from
inactive status is $10 plus payment of all lapsed renewal fees.
(e) The fee to be paid for the issuance of a duplicate license,
for the issuance of a replacement license, for a replacement license
for a license that has been lost or destroyed, or for the issuance of
a license with a change of name or address other than during the
renewal period is $20.
(f) The fee for a certification of a license for any purpose is
$20.
(g) The fee to have the scoring of an examination administered
by the Department reviewed and verified is $20 plus any fee charged
by the applicable testing service.
(h) The fee for a wall certificate evidencing licensing shall be
the actual cost of producing that certificate.
(i) The fee for a roster of persons licensed as physical
therapists or physical therapists assistants in this State shall be
the actual cost of producing that roster.
(Source: P.A. 89-387, eff. 1-1-96.)
Section 25. The Respiratory Care Practice Act is amended by
changing Section 75 as follows:
(225 ILCS 106/75)
Sec. 75. Fees. The Department shall provide by rule for a
schedule of fees for the administration and enforcement of this Act,
including but not limited to original licensure, renewal, and
restoration. The fees shall be nonrefundable. The fees imposed under
this Act are as follows and are nonrefundable:
(a) The fee for application for a respiratory care practitioner
license is $100.
(b) The fee for application for a temporary license is $50 per
year.
(c) Applicants for examination shall pay, either to the
Department or to the designated testing service, a fee covering the
4042 JOURNAL OF THE [May 12, 1999]
cost of providing the examination.
(d) The fee for the renewal of a license is $60 per year.
(e) The fee for the reinstatement of a license that has been
expired for less than 5 years is $20, plus payment of all unpaid fees
for every year that has lapsed.
(f) The fee for the restoration of a license that has been
expired for more than 5 years is $300.
(g) The fee for the issuance of a duplicate license, the
issuance of a replacement for a license that has been lost or
destroyed, or the issuance of a license with a change of name or
address, other than during the renewal period, is $20. No fee is
required for name and address changes on Department records when no
duplicate registration is issued.
(h) The fee for the certification of a license for any purpose
is $20.
(i) The fee for rescoring an examination is the cost to the
Department of rescoring the examination, plus any fees charged by the
applicable testing service to have the examination rescored.
(j) The fee for a wall certificate showing the license is the
actual cost of producing the certificate.
(k) The fee for a roster of persons licensed as respiratory care
practitioners in this State is the actual cost of producing the
roster.
(l) The fee for copies of a license shall be the actual cost of
producing the copies.
(m) The fee for application for a license by a respiratory care
practitioner registered or licensed under the laws of another
jurisdiction is $100.
All of the fees collected under this Act shall be deposited into
the General Professions Dedicated Fund. The monies deposited into
the General Professions Dedicated Fund shall be used by the
Department, as appropriated, for the ordinary and contingent expenses
of the Department. Monies in the General Professions Dedicated Fund
may be invested and reinvested, with all earnings received from
investments to be deposited into that Fund and used for the same
purposes as fees deposited in that Fund.
(Source: P.A. 89-33, eff. 1-1-96.)
Section 30. The Veterinary Medicine and Surgery Practice Act of
1994 is amended by changing Section 14 as follows:
(225 ILCS 115/14) (from Ch. 111, par. 7014)
Sec. 14. Fees. The Department shall provide by rule for a
schedule of fees for the administration and enforcement of this Act,
including but not limited to original licensure, renewal, and
restoration. The fees shall be nonrefundable.
All fees collected under this Act shall be deposited into the
General Professions Dedicated Fund and shall be appropriated to the
Department for the ordinary and contingent expenses of the Department
in the administration of this Act. The fees under this Act are as
follows and are not refundable:
(1) The fee for application for a veterinary license is $100.
(2) The fee for application for a veterinary technician
certificate is $50.
(3) In addition to the application fee, applicants for the
examination shall be required to pay, either to the Department or to
the designated testing service, a fee covering the cost of
determining an applicant's eligibility and providing the examination.
Failure to appear for the examination on the scheduled date, at the
time and place specified, after the applicant's application and fee
for examination has been received and acknowledged by the Department
or the designated testing service, shall result in the forfeiture of
the fee.
HOUSE OF REPRESENTATIVES 4043
(4) The fee for the renewal of a veterinary license shall be $50
per year.
(5) The fee for the renewal of a veterinary technician
certificate is $25 per year.
(6) The fee for the reinstatement of a license or certificate
that has expired for not more than 5 years is $10, plus payment of
all unpaid fees for every year that has lapsed, except as provided in
subsection (7) of this Section.
(7) The fee for the restoration of a veterinary license that has
expired for more than 5 years is $300.
(8) The fee for the restoration of a veterinary technician
certificate that has expired for more than 5 years is $150.
(9) The fee for the issuance of a duplicate license, for the
issuance of a replacement license that has been lost or destroyed, or
for the issuance of a license with a change of name or address, other
than during the renewal period, is $20. No fee is required for name
and address changes on Department records when no duplicate license
is issued.
(10) The fee for a certification of a license or certificate for
any purpose is $20.
(11) The fee to have the scoring of an examination administered
by the Department reviewed and verified is $20, plus any fee charged
by the testing service.
(12) The fee for a wall license shall be the actual cost of
producing such license.
(13) The fee for a roster of persons licensed as veterinarians
or veterinary technicians shall be the actual cost of producing the
roster.
(14) The fee for application for a license by a veterinarian
registered or licensed under the laws of another jurisdiction is
$100.
(15) The fee for application for a certificate by a veterinary
technician registered or licensed under the laws of another
jurisdiction is $50.
(Source: P.A. 88-424.)
Section 35. The Interior Design Profession Title Act is amended
by changing Sections 11 and 30 as follows:
(225 ILCS 310/11) (from Ch. 111, par. 8211)
Sec. 11. Fees. The Department shall provide by rule for a
schedule of fees for the administration and enforcement of this Act,
including but not limited to original licensure, renewal, and
restoration. The fees shall be nonrefundable.
All fees collected under this Act shall be deposited into the
General Professions Dedicated Fund and shall be appropriated to the
Department for the ordinary and contingent expenses of the Department
in the administration of this Act. The following fees are not
refundable:
(a) Registration fees.
(1) The fee for application for a certificate of
registration as an interior designer or a residential interior
designer is $100.
(2) The fee for a certificate of registration as an
interior designer or residential interior designer for a person
who is registered or licensed under the laws of another state, or
territory of the United States or of a foreign country or
province is $100.
(3) The fee for the renewal of a certificate of
registration shall be calculated at a rate of $80 per year.
(4) The fee for the restoration of a certificate of
registration other than from inactive status is $20 plus payment
of all lapsed renewal fees.
4044 JOURNAL OF THE [May 12, 1999]
(b) General fees.
(1) The fee for the issuance of a duplicate certificate of
registration, for the issuance of a replacement certificate of
registration, for a certificate of registration which has been
lost or destroyed, or for the issuance of a certificate of
registration with a change of name or address other than during
the renewal period is $20. No fee is required for name and
address changes on Department records when no duplicate
certificate of registration is issued.
(2) The fee for the certification of the registrant's
record for any purpose is $20.
(3) The fee for rescoring an examination is the cost to the
Department of rescoring the examination plus any fees charged by
the applicable testing service to have the examination rescored.
(4) The fee for a wall certificate showing registration
shall be the actual cost of producing such certificate.
(5) The fee for a roster of persons registered as interior
designers or residential interior designers in this State shall
be the actual cost of producing such a roster.
(Source: P.A. 87-756; 88-650, eff. 9-16-94.)
(225 ILCS 310/30) (from Ch. 111, par. 8230)
Sec. 30. Interior Design Administration and Investigation Fund.
All of the fees collected pursuant to this Act shall be deposited
into the General Professions Dedicated Fund.
On January 1, 2000 the State Comptroller shall transfer the
balance of the monies in the Interior Design Administration and
Investigation Fund into the General Professions Dedicated Fund.
Amounts appropriated for fiscal year 2000 out of the Interior Design
Administration and Investigation Fund may be paid out of the General
Professions Dedicated Fund.
The monies deposited in the General Professions Dedicated Fund
may be used for the expenses of the Department in the administration
of this Act.
All of the fees collected under this Act shall be deposited in the
Interior Design Administration and Investigation Fund. The monies
deposited in the Interior Design Administration and Investigation
Fund shall be appropriated to the Department for expenses of the
Department and the Board in the administration of this Act. Monies
in the Interior Design Administration and Investigation Fund may be
invested and reinvested, with all earnings received from such
investment to be deposited in the Interior Design Administration and
Investigation Fund and used for the same purposes as fees deposited
in the Fund.
Moneys from the Fund may also be used for direct and allocable
indirect costs related to the public purposes of the Department of
Professional Regulation. Moneys in the Fund may be transferred to
the Professions Indirect Cost Fund as authorized by Section 61e of
the Civil Administrative Code of Illinois.
Upon the completion of any audit of the Department as prescribed
by the Illinois State Auditing Act that includes an audit of the
Interior Design Administration and Investigation Fund, the Department
shall make the audit open to inspection by any interested person. The
copy of the audit report required to be submitted to the Department
by this Section is in addition to copies of audit reports required to
be submitted to other State officers and agencies by Section 3-14 of
the Illinois State Auditing Act.
(Source: P.A. 89-204, eff. 1-1-96.)
Section 40. The Collection Agency Act is amended by changing
Section 8a as follows:
(225 ILCS 425/8a) (from Ch. 111, par. 2011a)
Sec. 8a. Fees. The Department shall provide by rule for a
HOUSE OF REPRESENTATIVES 4045
schedule of fees for the administration and enforcement of this Act,
including but not limited to original licensure, renewal, and
restoration. The fees shall be nonrefundable.
All fees collected under this Act shall be deposited into the
General Professions Dedicated Fund and shall be appropriated to the
Department for the ordinary and contingent expenses of the Department
in the administration of this Act. The following fees shall be paid
to the Department for the licensing and registration functions
performed by the Department under this Act:
(1) The fee to be paid by an applicant for a certificate of
registration as a collection agency is $750.
(2) The fee to be paid upon the renewal of a certificate of
registration as a collection agency is $750 for a 3-year renewal.
(3) The fee to be paid for the issuance of a duplicate
certificate of registration, for the issuance of a replacement
certificate for a certificate which has been lost or destroyed or
for the issuance of a certificate with a change of name or
address other than during the renewal period is $20.
(4) The fee to be paid for a certification of a
registrant's record for any purpose is $20.
(5) The fee to be paid by a registrant for a wall
certificate showing his registration shall be the actual cost of
producing such certificate.
(6) The fee to be paid for a roster of persons registered
as collection agencies in this State shall be the actual cost of
producing such a roster.
(7) The fee to be paid to the Department for a printed copy
of this Act and of the rules and regulations promulgated for the
administration of this Act is $1.
(8) The fee to be paid by an applicant for a certificate of
registration to operate a branch office is $250.
(9) The fee to be paid upon the renewal of a certificate of
registration to operate a branch office is $150 for a 3-year
renewal.
All fees and fines collected under this Act shall be deposited
into the General Professions Dedicated Fund. All monies in the fund
shall be used by the Department of Professional Regulation, as
appropriated, for the ordinary and contingent expenses of the
Department.
Any person who delivers a check or other payment to the
Department that is returned to the Department unpaid by the financial
institution upon which it is drawn shall pay to the Department, in
addition to the amount already owed to the Department, a fine of $50.
If the check or other payment was for a renewal or issuance fee and
that person practices without paying the renewal fee or issuance fee
and the fine due, an additional fine of $100 shall be imposed. The
fines imposed by this Section are in addition to any other discipline
provided under this Act for unlicensed practice or practice on a
nonrenewed license. The Department shall notify the person that
payment of fees and fines shall be paid to the Department by
certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of
the notification, the person has failed to submit the necessary
remittance, the Department shall automatically terminate the license
or certificate or deny the application, without hearing. If, after
termination or denial, the person seeks a license or certificate, he
or she shall apply to the Department for restoration or issuance of
the license or certificate and pay all fees and fines due to the
Department. The Department may establish a fee for the processing of
an application for restoration of a license or certificate to pay all
expenses of processing this application. The Director may waive the
4046 JOURNAL OF THE [May 12, 1999]
fines due under this Section in individual cases where the Director
finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 89-387, eff. 1-1-96.)
Section 50. The Detection of Deception Examiners Act is amended
by changing Section 26 as follows:
(225 ILCS 430/26) (from Ch. 111, par. 2427)
Sec. 26. Fees. The Department shall provide by rule for a
schedule of fees for the administration and enforcement of this Act,
including but not limited to original licensure, renewal, and
restoration. The fees shall be nonrefundable.
All fees collected under this Act shall be deposited into the
General Professions Dedicated Fund and shall be appropriated to the
Department for the ordinary and contingent expenses of the Department
in the administration of this Act. The following fees shall be paid
to the Department for the licensing and registration functions
performed by the Department under this Act and shall be
nonrefundable:
(A) License as detection of deception examiner.
(1) The fee for application and for a license as a detection of
deception examiner is $25.
(2) In addition, applicants for any examination shall be
required to pay, either to the Department or to the designated
testing service, a fee covering the cost of determining the
applicant's eligibility and providing the examination.
(3) The fee upon the renewal of a license as a detection of
deception examiner shall be calculated at the rate of $90 per year.
(4) The fee for the reinstatement of a license as a detection of
deception examiner which has expired for not more than 5 years is $10
plus all lapsed renewal fees.
(5) The fee for the restoration of a license as a detection of
deception examiner which has expired for more than 5 years is $10
plus all lapsed renewal fees.
(B) General Fees.
(1) The fee for the issuance of a duplicate license, for the
issuance of a replacement license for a license which has been lost
or destroyed or for the issuance of a certificate with a change of
name or address other than during the renewal period is $10.
(2) The fee for a certification of a licensee's record for any
purpose is $10.
(3) The fee to have the scoring of an examination administered
by the Department reviewed and verified is $10 plus any fees charged
by the applicable testing service.
(4) The fee for a licensee for a wall certificate shall be the
actual cost of producing such certificate.
(5) The fee for a roster of persons licensed as detection of
deception examiners and registered to study detection of deception in
this State shall be the actual cost of producing such a roster.
This Section in regard to fees shall not apply to any examiner in
the exclusive employment of the United States of America, the State
of Illinois, any County, municipality, or political subdivision in
this State, any Department, Bureau or Agency of any of the foregoing,
or any examiner thereof in the pursuit of his official duties.
(Source: P.A. 84-1235.)
Section 55. The Private Detective, Private Alarm, Private
Security, and Locksmith Act of 1993 is amended by changing Section
105 as follows:
(225 ILCS 446/105)
Sec. 105. Issuance of license; renewal, fees.
(a) The Department shall, upon the applicant's satisfactory
completion of the requirements authorized under this Act, and upon
HOUSE OF REPRESENTATIVES 4047
receipt of the requisite fees, issue the appropriate license and
wallet card showing the name and business location of the licensee
and the dates of issuance and expiration, and containing a photograph
of the licensee provided to the Department that is not more than one
year old as of the date of application for licensure and reflects any
recent appearance changes.
(b) An applicant may upon satisfactory completion of
requirements authorized under this Act, and upon receipt of requisite
fees related to the application and testing for licensure under this
Act, elect to defer the issuance of the applicant's initial license
for a period not longer than 6 years. Any applicant who fails to
request issuance of their initial license or agency certificate and
remit the fees associated with that license within 6 years shall be
required to resubmit an applicant for licensure together with all
required fees.
(c) The expiration date, renewal period, and conditions for
renewal and restoration of each license, agency certificate of
registration, permanent employee registration card, and firearm
authorization card issued under this Act shall be set by rule of the
Department. The holder may renew the license, agency certificate of
registration, permanent employee registration card, or firearm
authorization card during the month preceding its expiration by
paying the required fee and by meeting those conditions that the
Department may specify. Any license holder who notifies the
Department in writing, on forms prescribed by the Department, may
elect to place his or her license on an inactive status for a period
of no longer than 6 years and shall, subject to the rules of the
Department, be excused from payment of renewal fees until he or she
notifies the Department in writing of a desire to resume active
status. Practice while on inactive status constitutes unlicensed
practice. A nonrenewed license that has lapsed for less than 6 years
may be restored upon payment of a $50 restoration fee plus all lapsed
renewal fees. A license that has lapsed for more than 6 years may be
restored by paying the required fees specified in this Section and by
providing evidence of competence to resume practice satisfactory to
the Department and the Board, which may include passage of the
written examination. All restoration fees and lapsed renewal fees
shall be waived for an applicant whose license lapsed while on active
duty in the military provided application for restoration is made
within one year after discharge from the service.
(d) The Department shall provide by rule for a schedule of fees
for the administration and enforcement of this Act, including but not
limited to original licensure, renewal, and restoration. The fees
shall be nonrefundable.
All fees collected under this Act shall be deposited into the
General Professions Dedicated Fund and shall be appropriated to the
Department for the ordinary and contingent expenses of the Department
in the administration of this Act. The nonrefundable fees are as
follows:
(1) The filing fee for the first examination is $25 plus
the cost of determining an applicant's eligibility and of
providing the examination; subsequent examination fees shall be
the cost of the examination; the fee for the examination shall be
paid to the Department or its designee.
(2) The initial issuance of any individual license or
agency certificate shall be $500.
(3) The initial issuance of a branch office certificate is
$200.
(4) The license issued to an applicant licensed in another
state or foreign country on the basis of endorsement is $500.
(5) The triennial renewal of any individual license or
4048 JOURNAL OF THE [May 12, 1999]
agency certificate is $450.
(6) The triennial renewal of a branch office certificate is
$200.
(7) The reinstatement of a license that has been lapsed for
less than 6 years is $50, plus all lapsed renewal fees.
(8) The restoration of a lapsed license that has been
lapsed for more than 6 years is $100, plus all lapsed renewal
fees.
(9) The issuance of a duplicate license, agency certificate
of registration, permanent employee registration card,
certification of completion of 20-Hour Basic Training,
Certification of Firearm Training, Firearm Authorization Card, or
a certificate issued for a change of name or address other than
during the renewal period is $25.
(10) The issuance of a permanent employee registration card
is $55; the triennial renewal of the card is $45.
(11) The issuance of a firearm authorization card is $55.
(12) The triennial renewal for a Firearm Authorization Card
is $45; reissuance of a Firearm Authorization Card to an agency
that has changed its name is $10.00.
(13) For processing a fingerprint card by the State Police
the fee is the cost of processing, which shall be made payable to
the State Police Services Fund and shall be remitted to the State
Police for deposit into the Fund.
(14) For review and verification of the scoring of an
examination administered by the Department, $20 plus any actual
fees charged by the testing service.
(15) For a roster of licensees or registrants the fee shall
be the cost of producing a roster.
(16) The fee for issuance of certification of a license
record shall be $20.
(17) The fee for issuance and renewal of an armed
proprietary security force registration is $20.
(18) The fee for reinstatement of a license from inactive
status that has lapsed for a period less than 6 years shall be
the same as the current renewal fee.
(Source: P.A. 88-363.)
Section 99. Effective date. This Act takes effect January 1,
2000.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2644 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2645
A bill for AN ACT in relation to landscape architecture.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2645.
HOUSE OF REPRESENTATIVES 4049
Passed the Senate, as amended, May 12, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2645 on page 7, by replacing
lines 13 through 19 with the following:
"Money deposited in the Landscape Architects' Administration and
Investigation Fund pursuant to this Section may be invested and
reinvested, with all earnings received from such investment to be
deposited in the Landscape Architects' Administration and
Investigation Fund and used for the same purposes as fees deposited
in such fund.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2645 was placed in the Committee on the Calendar
on the order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2748
A bill for AN ACT to amend the Rights of Crime Victims and
Witnesses Act by adding Section 8.5.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2748.
Passed the Senate, as amended, May 12, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2748 by replacing the title
with the following:
"AN ACT concerning crime victims and witnesses."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Rights of Crime Victims and Witnesses Act is
amended by changing Sections 4.5 and 9 and by adding Section 8.5 as
follows:
(725 ILCS 120/4.5)
Sec. 4.5. Procedures to implement the rights of crime victims.
To afford crime victims their rights, law enforcement, prosecutors,
judges and corrections will provide information, as appropriate of
the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the status
of the investigation, except where the State's Attorney determines
that disclosure of such information would unreasonably interfere with
the investigation, until such time as the alleged assailant is
4050 JOURNAL OF THE [May 12, 1999]
apprehended or the investigation is closed.
(b) The office of the State's Attorney:
(1) shall provide notice of the filing of information, the
return of an indictment by which a prosecution for any violent
crime is commenced, or the filing of a petition to adjudicate a
minor as a delinquent for a violent crime;
(2) shall provide notice of the date, time, and place of
trial;
(3) or victim advocate personnel shall provide information
of social services and financial assistance available for victims
of crime, including information of how to apply for these
services and assistance;
(4) shall assist in having any stolen or other personal
property held by law enforcement authorities for evidentiary or
other purposes returned as expeditiously as possible, pursuant to
the procedures set out in Section 115-9 of the Code of Criminal
Procedure of 1963;
(5) or victim advocate personnel shall provide appropriate
employer intercession services to ensure that employers of
victims will cooperate with the criminal justice system in order
to minimize an employee's loss of pay and other benefits
resulting from court appearances;
(6) shall provide information whenever possible, of a
secure waiting area during court proceedings that does not
require victims to be in close proximity to defendant or
juveniles accused of a violent crime, and their families and
friends;
(7) shall provide notice to the crime victim of the right
to have a translator present at all court proceedings;
(8) in the case of the death of a person, which death
occurred in the same transaction or occurrence in which acts
occurred for which a defendant is charged with an offense, shall
notify the spouse, parent, child or sibling of the decedent of
the date of the trial of the person or persons allegedly
responsible for the death;
(9) shall inform the victim of the right to have present at
all court proceedings, subject to the rules of evidence, an
advocate or other support person of the victim's choice, and the
right to retain an attorney, at the victim's own expense, who,
upon written notice filed with the clerk of the court and State's
Attorney, is to receive copies of all notices, motions and court
orders filed thereafter in the case, in the same manner as if the
victim were a named party in the case; and
(10) at the sentencing hearing shall make a good faith
attempt to explain the minimum amount of time during which the
defendant may actually be physically imprisoned. The Office of
the State's Attorney shall further notify the crime victim of the
right to request from the Prisoner Review Board information
concerning the release of the defendant under subparagraph (d)(1)
of this Section; and
(11) shall request restitution at sentencing and shall
consider restitution in any plea negotiation, as provided by law.
(c) At the written request of the crime victim, the office of
the State's Attorney shall:
(1) provide notice a reasonable time in advance of the
following court proceedings: preliminary hearing, any hearing the
effect of which may be the release of defendant from custody, or
to alter the conditions of bond and the sentencing hearing. The
crime victim shall also be notified of the cancellation of the
court proceeding in sufficient time, wherever possible, to
prevent an unnecessary appearance in court;
HOUSE OF REPRESENTATIVES 4051
(2) provide notice within a reasonable time after receipt
of notice from the custodian, of the release of the defendant on
bail or personal recognizance or the release from detention of a
minor who has been detained for a violent crime;
(3) explain in nontechnical language the details of any
plea or verdict of a defendant, or any adjudication of a juvenile
as a delinquent for a violent crime;
(4) where practical, consult with the crime victim before
the Office of the State's Attorney makes an offer of a plea
bargain to the defendant or enters into negotiations with the
defendant concerning a possible plea agreement, and shall
consider the written victim impact statement, if prepared prior
to entering into a plea agreement;
(5) provide notice of the ultimate disposition of the cases
arising from an indictment or an information, or a petition to
have a juvenile adjudicated as a delinquent for a violent crime;
(6) provide notice of any appeal taken by the defendant and
information on how to contact the appropriate agency handling the
appeal;
(7) provide notice of any request for post-conviction
review filed by the defendant under Article 122 of the Code of
Criminal Procedure of 1963, and of the date, time and place of
any hearing concerning the petition. Whenever possible, notice
of the hearing shall be given in advance;
(8) forward a copy of any statement presented under Section
6 to the Prisoner Review Board to be considered by the Board in
making its determination under subsection (b) of Section 3-3-8 of
the Unified Code of Corrections.
(d) (1) The Prisoner Review Board shall inform a victim or any
other concerned citizen, upon written request, of the prisoner's
release on parole, mandatory supervised release, electronic
detention, work release or by the custodian of the discharge of
any individual who was adjudicated a delinquent for a violent
crime from State custody and by the sheriff of the appropriate
county of any such person's final discharge from county custody.
The Prisoner Review Board, upon written request, shall provide to
a victim or any other concerned citizen a recent photograph of
any person convicted of a felony, upon his or her release from
custody. The Prisoner Review Board, upon written request, shall
inform a victim or any other concerned citizen when feasible at
least 7 days prior to the prisoner's release on furlough of the
times and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's Attorney shall
notify the person once of the times and dates of release of a
prisoner sentenced to periodic imprisonment. Notification shall
be based on the most recent information as to victim's or other
concerned citizen's residence or other location available to the
notifying authority. For purposes of this paragraph (1) of
subsection (d), "concerned citizen" includes relatives of the
victim, friends of the victim, witnesses to the crime, or any
other person associated with the victim or prisoner.
(2) When the defendant has been committed to the Department
of Human Services pursuant to Section 5-2-4 or any other
provision of the Unified Code of Corrections, the victim may
request to be notified by the releasing authority of the
defendant's discharge from State custody.
(3) In the event of an escape from State custody, the
Department of Corrections immediately shall notify the Prisoner
Review Board of the escape and the Prisoner Review Board shall
notify the victim. The notification shall be based upon the most
recent information as to the victim's residence or other location
4052 JOURNAL OF THE [May 12, 1999]
available to the Board. When no such information is available,
the Board shall make all reasonable efforts to obtain the
information and make the notification. When the escapee is
apprehended, the Department of Corrections immediately shall
notify the Prisoner Review Board and the Board shall notify the
victim.
(4) The victim of the crime for which the prisoner has been
sentenced shall receive reasonable written notice not less than
15 days prior to the parole hearing and may submit, in writing,
on film, videotape or other electronic means or in the form of a
recording or in person at the parole hearing, information for
consideration by the Prisoner Review Board. The victim shall be
notified within 7 days after the prisoner has been granted parole
and shall be informed of the right to inspect the registry of
parole decisions, established under subsection (g) of Section
3-3-5 of the Unified Code of Corrections. The provisions of this
paragraph (4) are subject to the Open Parole Hearings Act.
(5) If a statement is presented under Section 6, the
Prisoner Review Board shall inform the victim of any order of
discharge entered by the Board pursuant to Section 3-3-8 of the
Unified Code of Corrections.
(6) At the written request of the victim of the crime for
which the prisoner was sentenced, the Prisoner Review Board shall
notify the victim of the death of the prisoner if the prisoner
died while on parole or mandatory supervised release.
(7) When a defendant who has been committed to the
Department of Corrections or the Department of Human Services is
released or discharged and subsequently committed to the
Department of Human Services as a sexually violent person and the
victim had requested to be notified by the releasing authority of
the defendant's discharge from State custody, the releasing
authority shall provide to the Department of Human Services such
information that would allow the Department of Human Services to
contact the victim.
(e) The officials named in this Section may satisfy some or all
of their obligations to provide notices and other information through
participation in a statewide victim and witness notification system
established by the Attorney General under Section 8.5 of this Act.
(Source: P.A. 89-8, eff. 3-21-95; 89-235, eff. 8-4-95; 89-481, eff.
1-1-97; 89-507, eff. 7-1-97; 90-14, eff. 7-1-97; 90-793, eff.
8-14-98.)
(725 ILCS 120/8.5 new)
Sec. 8.5. Statewide victim and witness notification system.
(a) The Attorney General may establish a crime victim and
witness notification system to assist public officials in carrying
out their duties to notify and inform crime victims and witnesses
under Section 4.5 of this Act as the Attorney General specifies by
rule. The system shall download necessary information from
participating officials into its computers, where it shall be
maintained, updated, and automatically transmitted to victims and
witnesses by telephone, computer, or written notice.
(b) The Illinois Department of Corrections, the Department of
Human Services, and the Prisoner Review Board shall cooperate with
the Attorney General in the implementation of this Section and shall
provide information as necessary to the effective operation of the
system.
(c) State's Attorneys and local law enforcement and correctional
authorities may enter into agreements with the Attorney General for
participation in the system. The Attorney General may provide those
who elect to participate with the equipment, software, or training
necessary to bring their offices into the system.
HOUSE OF REPRESENTATIVES 4053
(d) The provision of information to crime victims and witnesses
through the Attorney General's notification system satisfies a given
State or local official's corresponding obligation under Section 4.5
to provide the information.
(e) The Attorney General may provide for telephonic, electronic,
or other public access to the database established under this
Section.
(f) The Attorney General shall adopt rules as necessary to
implement this Section. The rules shall include, but not be limited
to, provisions for the scope and operation of any system the Attorney
General may establish and procedures, requirements, and standards for
entering into agreements to participate in the system and to receive
equipment, software, or training.
(g) There is established in the Office of the Attorney General a
Crime Victim and Witness Notification Advisory Committee consisting
of those victims advocates, sheriffs, State's Attorneys, Illinois
Department of Corrections and Prisoner Review Board employees that
the Attorney General chooses to appoint. The Attorney General shall
designate one member to chair the Committee.
(1) The Committee shall consult with and advise the
Attorney General as to the exercise of the Attorney General's
authority under this Section, including, but not limited to:
(i) the design, scope, and operation of the
notification system;
(ii) the content of any rules adopted to implement
this Section;
(iii) the procurement of hardware, software, and
support for the system, including choice of supplier or
operator; and
(iv) the acceptance of agreements with and the award
of equipment, software, or training to officials that seek
to participate in the system.
(2) The Committee shall review the status and operation of
the system and report any findings and recommendations for
changes to the Attorney General and the General Assembly by
November 1 of each year.
(3) The members of the Committee shall receive no
compensation for their services as members of the Committee, but
may be reimbursed for their actual expenses incurred in serving
on the Committee.
(725 ILCS 120/9) (from Ch. 38, par. 1408)
Sec. 9. This Act does not limit any rights or responsibilities
otherwise enjoyed by or imposed upon victims or witnesses of violent
crime, nor does it grant any person a cause of action for damages or
attorneys fees. Any act of omission or commission by any law
enforcement officer or State's Attorney, by the Attorney General,
Prisoner Review Board, Department of Corrections, Department of Human
Services, or other State agency, or private entity under contract
pursuant to Section 8, or by any employee of any State agency or
private entity under contract pursuant to Section 8 acting in good
faith in rendering crime victim's assistance or otherwise enforcing
this Act shall not impose civil liability upon the individual or
entity or his or her supervisor or employer. Nothing in this Act
shall create a basis for vacating a conviction or a ground for
appellate relief in any criminal case. Failure of the crime victim
to receive notice as required, however, shall not deprive the court
of the power to act regarding the proceeding before it; nor shall any
such failure grant the defendant the right to seek a continuance.
(Source: P.A. 89-507, eff. 7-1-97; 90-744, eff. 1-1-99.)".
The foregoing message from the Senate reporting Senate Amendment
4054 JOURNAL OF THE [May 12, 1999]
No. 1 to HOUSE BILL 2748 was placed in the Committee on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2792
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 11-313.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2792.
Passed the Senate, as amended, May 12, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2792, on page 1 by replacing
lines 13 and 14 with the following:
"such devices in letters not less than 3/8 inch or more than 3/4 inch
in height, by use of a metal stamp, etching, or".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2792 was placed in the Committee on the order of
Concurrence.
MS0617
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House in the
passage of bills of the following titles to-wit:
HOUSE BILL NO. 240
A bill for AN ACT to amend the Illinois Public Aid Code by
changing Section 12-4.11.
HOUSE BILL NO. 534
A bill for AN ACT to amend the School Code by changing Section
14C-8.
HOUSE BILL NO. 553
A bill for AN ACT concerning nursing.
HOUSE BILL NO. 555
A bill for AN ACT concerning motor vehicles.
HOUSE BILL NO. 583
A bill for AN ACT concerning real property.
HOUSE OF REPRESENTATIVES 4055
HOUSE BILL NO. 668
A bill for AN ACT to amend the Illinois Municipal Code by
changing Section 11-74.3-3.
HOUSE BILL NO. 774
A bill for AN ACT to amend the Unified Code of Corrections by
changing Section 5-5-6.
HOUSE BILL NO. 1102
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 11-1301.3.
HOUSE BILL NO. 1163
A bill for AN ACT to amend the Oil Spill Responders Liability Act
by changing Section 10.
HOUSE BILL NO. 1723
A bill for AN ACT to amend the Illinois Public Labor Relations
Act by changing Section 20.
HOUSE BILL NO. 1740
A bill for AN ACT to amend the Illinois Loan Brokers Act of 1995
by changing Section 15-80.
HOUSE BILL NO. 1743
A bill for AN ACT to amend the Property Tax Code by changing
Section 4-15.
HOUSE BILL NO. 1879
A bill for AN ACT to amend the Pharmacy Practice Act of 1987 by
changing Section 16a.
HOUSE BILL NO. 2272
A bill for AN ACT to amend the Good Samaritan Act by adding
Section 46.
HOUSE BILL NO. 2287
A bill for AN ACT to amend the Public Building Commission Act by
changing Section 5.
HOUSE BILL NO. 2303
A bill for AN ACT to amend the Hospital Licensing Act by changing
Section 10.2.
HOUSE BILL NO. 2351
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 4-103.
HOUSE BILL NO. 2492
A bill for AN ACT to create a demonstration grant program to
build accessible housing.
HOUSE BILL NO. 2494
A bill for AN ACT to amend the Illinois Banking Act by changing
Sections 10 and 16 and adding Section 9.5.
HOUSE BILL NO. 2676
A bill for AN ACT to amend the Mental Health and Developmental
Disabilities Administrative Act by adding Section 71.
HOUSE BILL NO. 2767
4056 JOURNAL OF THE [May 12, 1999]
A bill for AN ACT to amend the Radiation Protection Act of 1990
by changing Section 11.
Passed by the Senate, May 12, 1999.
Jim Harry, Secretary of the Senate
MS0616
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House in the
passage of bills of the following titles to-wit:
HOUSE BILL NO. 1146
A bill for AN ACT concerning the Illinois Community College
Board, amending named Acts.
HOUSE BILL NO. 1151
A bill for AN ACT to amend the Park District Code by adding
Section 8-8a.
HOUSE BILL NO. 1321
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Sections 9-1, 12-4.2, and 24-1.2.
HOUSE BILL NO. 1333
A bill for AN ACT to amend the Vocational Education Act by
changing Section 2.1.
HOUSE BILL NO. 1334
A bill for AN ACT to amend the Property Tax Code by changing
Section 21-95.
HOUSE BILL NO. 1362
A bill for AN ACT to amend the Fire Protection District Act by
changing Section 20.
HOUSE BILL NO. 1370
A bill for AN ACT regarding surrogate parents.
HOUSE BILL NO. 1388
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 7-601.
HOUSE BILL NO. 1728
A bill for AN ACT to amend the School Code by changing Sections
10-23.8 and 10-23.8a.
HOUSE BILL NO. 1813
A bill for AN ACT to amend the Unified Code of Corrections by
changing Section 5-6-1.
HOUSE BILL NO. 1837
A bill for AN ACT to amend the Interest Act by changing Section
2.
HOUSE BILL NO. 1896
A bill for AN ACT in relation to law enforcement officers.
HOUSE BILL NO. 1905
HOUSE OF REPRESENTATIVES 4057
A bill for AN ACT concerning cultural organizations.
HOUSE BILL NO. 2037
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 12-9.
HOUSE BILL NO. 2096
A bill for AN ACT to amend the Unified Code of Corrections by
changing Sections 3-3-11 and 5-6-3.
HOUSE BILL NO. 2104
A bill for AN ACT concerning property.
HOUSE BILL NO. 2176
A bill for AN ACT relating to charitable organizations and
activities, amending named Acts.
HOUSE BILL NO. 2198
A bill for AN ACT to amend the Homelessness Prevention Act by
changing Sections 2, 3, 4, 5, 6, 8, 9, and 13 and by adding Sections
4.5 and 9.5.
HOUSE BILL NO. 2204
A bill for AN ACT concerning the regulation of financial
institutions, amending a named Act.
Passed by the Senate, May 11, 1999.
Jim Harry, Secretary of the Senate
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 137
A bill for AN ACT to amend the Liquor Control Act of 1934 by
adding Section 6-9.1.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 137.
Passed the Senate, as amended, May 12, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 137 by replacing everything
after the enacting clause with the following:
"Section 5. The Liquor Control Act of 1934 is amended by adding
Section 6-9.1 as follows:
(235 ILCS 5/6-9.1 new)
Sec. 6-9.1. Deliveries to retail establishments.
(a) A distributor of wine or spirits shall deliver to any
4058 JOURNAL OF THE [May 12, 1999]
retailer within any geographic area in which that distributor has
been granted by a wholesaler the right to sell its trademark, brand,
or name at least once every 2 weeks if (i) in the case of a retailer
located in a county with a population of at least 3,000,000
inhabitants or in a county adjacent to a county with at least
3,000,000 inhabitants, the retailer agrees to purchase at least $200
of wine or spirits from the distributor every 2 weeks; or (ii) in the
case of a retailer located in a county with a population of less than
3,000,000 that is not adjacent to a county with a population of at
least 3,000,000 inhabitants, the retailer agrees to purchase at least
$50 of wine or spirits from the distributor every 2 weeks.
(b) On January 1, 2002 and every 2 years thereafter, the dollar
amounts in items (i) and (ii) of subsection (a) shall be increased or
decreased by a percentage equal to the percentage increase or
decrease in the Consumer Price Index during the previous 2 years
according to the most recent available data.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 137 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has refused to concur with the House
in the adoption of their amendment to a bill of the following title,
to-wit:
SENATE BILL 128
A bill for AN ACT to amend the Illinois Income Tax Act by adding
Section 211.
House Amendment No. 1 to Senate Bill No. 128.
Action taken by the Senate, May 12, 1999.
Jim Harry, Secretary of the Senate
The foregoing message from the Senate reporting their refusal to
concur in House Amendment No. 1 to SENATE BILL 128 was placed on the
Calendar on the order of Non-Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has refused to concur with the House
in the adoption of their amendment to a bill of the following title,
to-wit:
SENATE BILL 147
A bill for AN ACT creating the Criminal Law and Corrections
Commission, amending a named Act.
House Amendment No. 1 to Senate Bill No. 147.
HOUSE OF REPRESENTATIVES 4059
Action taken by the Senate, May 12, 1999.
Jim Harry, Secretary of the Senate
The foregoing message from the Senate reporting their refusal to
concur in House Amendment No. 1 to SENATE BILL 147 was placed on the
Calendar on the order of Non-concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has refused to concur with the House
in the adoption of their amendment to a bill of the following title,
to-wit:
SENATE BILL 487
A bill for AN ACT to amend the Illinois Roofing Industry
Licensing Act by changing Sections 2 and 3, by adding Sections 3.5,
4.5, and 5.5, and by repealing Section 4.
House Amendment No. 1 to Senate Bill No. 487.
Action taken by the Senate, May 12, 1999.
Jim Harry, Secretary of the Senate
The foregoing message from the Senate reporting their refusal to
concur in House Amendment No. 1 to SENATE BILL 487 was placed on the
Calendar on the order of Non-concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has refused to concur with the House
in the adoption of their amendment to a bill of the following title,
to-wit:
SENATE BILL 834
A bill for AN ACT concerning research parks.
House Amendment No. 1 to Senate Bill No. 834.
Action taken by the Senate, May 12, 1999.
Jim Harry, Secretary of the Senate
The foregoing message from the Senate reporting their refusal to
concur in House Amendment No. 1 to SENATE BILL 834 was placed on the
Calendar on the order of Non-concurrence.
A message from the Senate by
4060 JOURNAL OF THE [May 12, 1999]
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has refused to concur with the House
in the adoption of their amendment to a bill of the following title,
to-wit:
SENATE BILL 1158
A bill for AN ACT to amend the Illinois Administrative Procedure
Act.
House Amendment No. 1 to Senate Bill No. 1158.
Action taken by the Senate, May 12, 1999.
Jim Harry, Secretary of the Senate
The foregoing message from the Senate reporting their refusal to
concur in House Amendment No. 1 to SENATE BILL 1158 was placed on the
Calendar on the order of Non-concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has refused to concur with the House
in the adoption of their amendment to a bill of the following title,
to-wit:
SENATE BILL 1202
A bill for AN ACT to amend the Counties Code by changing Sections
3-3009 and 3-3010.
House Amendment No. 1 to Senate Bill No. 1202.
Action taken by the Senate, May 12, 1999.
Jim Harry, Secretary of the Senate
The foregoing message from the Senate reporting their refusal to
concur in House Amendment No. 1 to SENATE BILL 1202 was placed on the
Calendar on the order of Non-concurrence.
REPORTS FROM STANDING COMMITTEES
Representative Boland, Chairperson, from the Committee on
Elections & Campaign Reform to which the following were referred,
action taken earlier today, and reported the same back with the
following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to SENATE BILL 933.
The committee roll call vote on Amendment No. 1 to SENATE BILL
933 is as follows:
7, Yeas; 0, Nays; 0, Answering Present.
HOUSE OF REPRESENTATIVES 4061
Y Boland, Chair Y McCarthy
Y Gash, Vice-Chair Y Ronen
Y Giglio A Schmitz
A Hamos A Wait
Y Hoeft A Winkel
Y Winters, Spkpn
Representative Burke, Chairperson, from the Committee on
Executive to which the following were referred, action taken earlier
today, and reported the same back with the following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 2 to SENATE BILL 1010.
The committee roll call vote on Amendment No. 2 to SENATE BILL
1010 is as follows:
14, Yeas; 0, Nays; 0, Answering Present.
Y Burke, Chair A Fritchey, Vice-Chair
Y Acevedo Y Hassert
Y Beaubien Y Jones, Lou
Y Biggins Y Lopez
Y Bradley Y Pankau
Y Bugielski Y Poe, Spkpn
Y Capparelli Y Rutherford
Y Tenhouse
Representative Dart, Chairperson, from the Committee on Judiciary
I - Civil Law to which the following were referred, action taken
earlier today, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 3 to SENATE BILL 19.
Amendment No. 3 to SENATE BILL 460.
The committee roll call vote on Amendment No. 3 to SENATE BILL 19
and Amendment No. 3 to SENATE BILL 460 is as follows:
10, Yeas; 0, Nays; 0, Answering Present.
Y Dart, Chair Y Lang
Y Brosnahan Y Mathias
Y Hamos Y Meyer
Y Hoffman Y Scott, Vice-Chair
Y Klingler Y Turner, John, Spkpn
A Wait
Representative Scott, Chairperson, from the Committee on Urban
Revitalization to which the following were referred, action taken
earlier today, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 2 to SENATE BILL 53.
The committee roll call vote on Amendment No. 2 to SENATE BILL 53
is as follows:
13, Yeas; 0, Nays; 0, Answering Present.
Y Scott, Chair Y McCarthy, Vice-Chair
Y Bassi Y McKeon
Y Dart Y O'Connor
Y Garrett Y Parke
Y Harris Y Slone
4062 JOURNAL OF THE [May 12, 1999]
Y Mathias, Spkpn Y Winters
A McAuliffe A Younge
Y Zickus
CHANGE OF SPONSORSHIP
Representative Capparelli asked and obtained unanimous consent to
be removed as chief sponsor and Representative John Turner asked and
obtained unanimous consent to be shown as chief sponsor of SENATE
BILL 480.
Representative Lang asked and obtained unanimous consent to be
removed as chief sponsor and Representative Hamos asked and obtained
unanimous consent to be shown as chief sponsor of SENATE BILL 460.
Representative Saviano asked and obtained unanimous consent to be
removed as chief sponsor and Representative O'Connor asked and
obtained unanimous consent to be shown as chief sponsor of SENATE
BILL 906.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read by title a first time,
ordered printed and placed in the Committee on Rules:
HOUSE BILL 2867. Introduced by Representative Franks, a bill for
AN ACT to amend the Code of Civil Procedure by changing Section
2-622.
HOUSE BILL 2868. Introduced by Representative Saviano, a bill
for AN ACT to amend the Illinois Professional Land Surveyor Act of
1989 by changing Section 3.
SENATE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. Any amendments pending
were tabled pursuant to Rule 40(a).
On motion of Representative Hoeft, SENATE BILL 321 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
117, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 2)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Scott, SENATE BILL 749 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
117, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 3)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
HOUSE OF REPRESENTATIVES 4063
On motion of Representative Kosel, SENATE BILL 800 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
99, Yeas; 15, Nays; 1, Answering Present.
(ROLL CALL 4)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Novak, SENATE BILL 24 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
82, Yeas; 34, Nays; 1, Answering Present.
(ROLL CALL 5)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Lang, SENATE BILL 849 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 6)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
RECALLS
By unanimous consent, on motion of Representative Woolard, SENATE
BILL 556 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
By unanimous consent, on motion of Representative Ryder, SENATE
BILL 1114 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
SENATE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. Any amendments pending
were tabled pursuant to Rule 40(a).
On motion of Representative Cowlishaw, SENATE BILL 441 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 7)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Hamos, SENATE BILL 680 was taken up
4064 JOURNAL OF THE [May 12, 1999]
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
117, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 8)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Krause, SENATE BILL 648 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
112, Yeas; 5, Nays; 0, Answering Present.
(ROLL CALL 9)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Ryder, SENATE BILL 1029 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 10)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Ryder, SENATE BILL 1030 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
117, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 11)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Shirley Jones, SENATE BILL 384 was
taken up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the negative by the following vote:
45, Yeas; 69, Nays; 3, Answering Present.
(ROLL CALL 12)
This bill, as amended, having failed to receive the votes of a
constitutional majority of the Members elected, was declared lost.
On motion of Representative Kenner, SENATE BILL 376 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 1, Answering Present.
(ROLL CALL 13)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
HOUSE OF REPRESENTATIVES 4065
concurrence in the House amendment/s adopted.
On motion of Representative Gash, SENATE BILL 215 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the afirmative by the following vote:
117, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 14)
This bill having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Osmond, SENATE BILL 1148 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 15)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Burke, SENATE BILL 287 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 16)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Mautino, SENATE BILL 233 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 1, Nays; 0, Answering Present.
(ROLL CALL 17)
This bill having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Parke, SENATE BILL 658 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
109, Yeas; 7, Nays; 0, Answering Present.
(ROLL CALL 18)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Mautino, SENATE BILL 146 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
4066 JOURNAL OF THE [May 12, 1999]
78, Yeas; 39, Nays; 0, Answering Present.
(ROLL CALL 19)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative McCarthy, SENATE BILL 1075 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
62, Yeas; 52, Nays; 3, Answering Present.
(ROLL CALL 20) VERIFIED ROLL CALL
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
SENATE BILLS ON SECOND READING
Having been printed, the following bill was taken up, read by
title a second time and advanced to the order of Third Reading:
SENATE BILL 1141.
SENATE BILLS ON SECOND READING
SENATE BILL 1112. Having been printed, was taken up and read by
title a second time.
Representative John Turner offered and withdrew Amendment No. 1.
Representative John Turner offered the following amendment and
moved its adoption:
AMENDMENT NO. 2 TO SENATE BILL 1112
AMENDMENT NO. 2. Amend Senate Bill 1112 by replacing everything
after the enacting clause with the following:
"Section 5. The Criminal Code of 1961 is amended by changing
Sections 8-4, 9-1.2, 10-2, 12-4.3, 12-11, 12-14, 12-14.1, 18-2, 18-4,
33A-1, 33A-2, and adding Sections 2-3.6, 2-7.5, and 2-15.5 as
follows:
(720 ILCS 5/2-3.6 new)
Sec. 2-3.6. "Armed with a firearm". Except as otherwise provided
in a specific Section, a person is considered "armed with a firearm"
when he or she carries on or about his or her person or is otherwise
armed with a firearm.
(720 ILCS 5/2-7.5 new)
Sec. 5/2-7.5 "Firearm". Except as otherwise provided in a
specific Section, "firearm" has the meaning ascribed to it in Section
1.1 of the Firearm Owners Identification Card Act.
(720 ILCS 5/2-15.5 new)
Sec. 2-15.5. "Personally discharged a firearm". A person is
considered to have "personally discharged a firearm" when he or she,
while armed with a firearm, knowingly and intentionally fires a
firearm causing the ammunition projectile to be forcefully expelled
from the firearm.
(720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
Sec. 8-4. Attempt.
HOUSE OF REPRESENTATIVES 4067
(a) Elements of the Offense.
A person commits an attempt when, with intent to commit a
specific offense, he does any act which constitutes a substantial
step toward the commission of that offense.
(b) Impossibility.
It shall not be a defense to a charge of attempt that because of
a misapprehension of the circumstances it would have been impossible
for the accused to commit the offense attempted.
(c) Sentence.
A person convicted of an attempt may be fined or imprisoned or
both not to exceed the maximum provided for the offense attempted
but, except for an attempt to commit the offense defined in Section
33A-2 of this Act,
(1) the sentence for attempt to commit first degree murder
is the sentence for a Class X felony, except that
(A) an attempt to commit first degree murder when at
least one of the aggravating factors specified in paragraphs
(1), (2) and (12) of subsection (b) of Section 9-1 is
present is a Class X felony for which the sentence shall be
a term of imprisonment of not less than 20 years and not
more than 80 years;
(B) an attempt to commit first degree murder while
armed with a firearm is a Class X felony for which 15 years
shall be added to the term of imprisonment imposed by the
court;
(C) an attempt to commit first degree murder during
which the person personally discharged a firearm is a Class
X felony for which 20 years shall be added to the term of
imprisonment imposed by the court;
(D) an attempt to commit first degree murder during
which the person personally discharged a firearm that
proximately caused great bodily harm, permanent disability,
permanent disfigurement, or death to another person, is a
Class X felony for which 25 years or up to a term of natural
life shall be added to the term of imprisonment imposed by
the court.
(2) the sentence for attempt to commit a Class X felony is
the sentence for a Class 1 felony;
(3) the sentence for attempt to commit a Class 1 felony is
the sentence for a Class 2 felony;
(4) the sentence for attempt to commit a Class 2 felony is
the sentence for a Class 3 felony; and
(5) the sentence for attempt to commit any felony other
than those specified in Subsections (1), (2), (3) and (4) hereof
is the sentence for a Class A misdemeanor.
(Source: P.A. 87-921; 88-680, eff. 1-1-95.)
(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
Sec. 9-1.2. Intentional Homicide of an Unborn Child. (a) A
person commits the offense of intentional homicide of an unborn child
if, in performing acts which cause the death of an unborn child, he
without lawful justification:
(1) either intended to cause the death of or do great bodily
harm to the pregnant woman or her unborn child or knew that such acts
would cause death or great bodily harm to the pregnant woman or her
unborn child; or
(2) he knew that his acts created a strong probability of death
or great bodily harm to the pregnant woman or her unborn child; and
(3) he knew that the woman was pregnant.
(b) For purposes of this Section, (1) "unborn child" shall mean
any individual of the human species from fertilization until birth,
and (2) "person" shall not include the pregnant woman whose unborn
4068 JOURNAL OF THE [May 12, 1999]
child is killed.
(c) This Section shall not apply to acts which cause the death
of an unborn child if those acts were committed during any abortion,
as defined in Section 2 of the Illinois Abortion Law of 1975, as
amended, to which the pregnant woman has consented. This Section
shall not apply to acts which were committed pursuant to usual and
customary standards of medical practice during diagnostic testing or
therapeutic treatment.
(d) Penalty. The sentence for intentional homicide of an unborn
child shall be the same as for first degree murder, except that:
(1) the death penalty may not be imposed;
(2) if the person committed the offense while armed with a
firearm, 15 years shall be added to the term of imprisonment
imposed by the court;
(3) if, during the commission of the offense, the person
personally discharged a firearm, 20 years shall be added to the
term of imprisonment imposed by the court;
(4) if, during the commission of the offense, the person
personally discharged a firearm that proximately caused great
bodily harm, permanent disability, permanent disfigurement, or
death to another person, 25 years or up to a term of natural life
shall be added to the term of imprisonment imposed by the court.
(e) The provisions of this Act shall not be construed to
prohibit the prosecution of any person under any other provision of
law.
(Source: P.A. 85-293.)
(720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
Sec. 10-2. Aggravated kidnaping.
(a) A kidnaper within the definition of paragraph (a) of Section
10-1 is guilty of the offense of aggravated kidnaping when he:
(1) Kidnaps for the purpose of obtaining ransom from the
person kidnaped or from any other person, or
(2) Takes as his victim a child under the age of 13 years,
or an institutionalized severely or profoundly mentally retarded
person, or
(3) Inflicts great bodily harm, other than by the discharge
of a firearm, or commits another felony upon his victim, or
(4) Wears a hood, robe or mask or conceals his identity, or
(5) Commits the offense of kidnaping while armed with a
dangerous weapon, other than a firearm, as defined in Section
33A-1 of the "Criminal Code of 1961", or
(6) Commits the offense of kidnaping while armed with a
firearm, or
(7) During the commission of the offense of kidnaping,
personally discharged a firearm, or
(8) During the commission of the offense of kidnaping,
personally discharged a firearm that proximately caused great
bodily harm, permanent disability, permanent disfigurement, or
death to another person.
As used in this Section, "ransom" includes money, benefit or
other valuable thing or concession.
(b) Sentence. Aggravated kidnaping in violation of paragraph
(1), (2), (3), (4), or (5) of subsection (a) is a Class X felony. A
violation of subsection (a)(6) is a Class X felony for which 15 years
shall be added to the term of imprisonment imposed by the court. A
violation of subsection (a)(7) is a Class X felony for which 20 years
shall be added to the term of imprisonment imposed by the court. A
violation of subsection (a)(8) is a Class X felony for which 25 years
or up to a term of natural life shall be added to the term of
imprisonment imposed by the court.
A person who is convicted of a second or subsequent offense of
HOUSE OF REPRESENTATIVES 4069
aggravated kidnaping shall be sentenced to a term of natural life
imprisonment; provided, however, that a sentence of natural life
imprisonment shall not be imposed under this Section unless the
second or subsequent offense was committed after conviction on the
first offense.
(Source: P.A. 89-707, eff. 6-1-97.)
(720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
Sec. 12-4.3. Aggravated battery of a child.
(a) Any person of the age 18 years and upwards who intentionally
or knowingly, and without legal justification and by any means,
causes great bodily harm or permanent disability or disfigurement to
any child under the age of 13 years or to any institutionalized
severely or profoundly mentally retarded person, commits the offense
of aggravated battery of a child.
(b) Aggravated battery of a child is a Class X felony, except
that:
(1) if the person committed the offense while armed with a
firearm, 15 years shall be added to the term of imprisonment
imposed by the court;
(2) if, during the commission of the offense, the person
personally discharged a firearm, 20 years shall be added to the
term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the person
personally discharged a firearm that proximately caused great
bodily harm, permanent disability, permanent disfigurement, or
death to another person, 25 years or up to a term of natural life
shall be added to the term of imprisonment imposed by the court.
(Source: P.A. 89-313, eff. 1-1-96.)
(720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
Sec. 12-11. Home Invasion.
(a) A person who is not a peace officer acting in the line of
duty commits home invasion when without authority he or she knowingly
enters the dwelling place of another when he or she knows or has
reason to know that one or more persons is present or he or she
knowingly enters the dwelling place of another and remains in such
dwelling place until he or she knows or has reason to know that one
or more persons is present and
(1) While armed with a dangerous weapon, other than a
firearm, uses force or threatens the imminent use of force upon
any person or persons within such dwelling place whether or not
injury occurs, or
(2) Intentionally causes any injury, except as provided in
subsection (a)(5), to any person or persons within such dwelling
place, or
(3) While armed with a firearm uses force or threatens the
imminent use of force upon any person or persons within such
dwelling place whether or not injury occurs, or
(4) Uses force or threatens the imminent use of force upon
any person or persons within such dwelling place whether or not
injury occurs and during the commission of the offense personally
discharges a firearm, or
(5) Personally discharges a firearm that proximately causes
great bodily harm, permanent disability, permanent disfigurement,
or death to another person within such dwelling place.
(b) It is an affirmative defense to a charge of home invasion
that the accused who knowingly enters the dwelling place of another
and remains in such dwelling place until he or she knows or has
reason to know that one or more persons is present either immediately
leaves such premises or surrenders to the person or persons lawfully
present therein without either attempting to cause or causing serious
bodily injury to any person present therein.
4070 JOURNAL OF THE [May 12, 1999]
(c) Sentence. Home invasion in violation of subsection (a)(1)
or (a)(2) is a Class X felony. A violation of subsection (a)(3) is a
Class X felony for which 15 years shall be added to the term of
imprisonment imposed by the court. A violation of subsection (a)(4)
is a Class X felony for which 20 years shall be added to the term of
imprisonment imposed by the court. A violation of subsection (a)(5)
is a Class X felony for which 25 years or up to a term of natural
life shall be added to the term of imprisonment imposed by the court.
(d) For purposes of this Section, "dwelling place of another"
includes a dwelling place where the defendant maintains a tenancy
interest but from which the defendant has been barred by a divorce
decree, judgment of dissolution of marriage, order of protection, or
other court order.
(Source: P.A. 90-787, eff. 8-14-98.)
(720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
Sec. 12-14. Aggravated Criminal Sexual Assault.
(a) The accused commits aggravated criminal sexual assault if he
or she commits criminal sexual assault and any of the following
aggravating circumstances existed during, or for the purposes of
paragraph (7) of this subsection (a) as part of the same course of
conduct as, the commission of the offense:
(1) the accused displayed, threatened to use, or used a
dangerous weapon, other than a firearm, or any object fashioned
or utilized in such a manner as to lead the victim under the
circumstances reasonably to believe it to be a dangerous weapon;
or
(2) the accused caused bodily harm, except as provided in
subsection (a)(10), to the victim; or
(3) the accused acted in such a manner as to threaten or
endanger the life of the victim or any other person; or
(4) the criminal sexual assault was perpetrated during the
course of the commission or attempted commission of any other
felony by the accused; or
(5) the victim was 60 years of age or over when the offense
was committed; or
(6) the victim was a physically handicapped person; or
(7) the accused delivered (by injection, inhalation,
ingestion, transfer of possession, or any other means) to the
victim without his or her consent, or by threat or deception, and
for other than medical purposes, any controlled substance; or.
(8) the accused was armed with a firearm; or
(9) the accused personally discharged a firearm during the
commission of the offense; or
(10) the accused, during the commission of the offense,
personally discharged a firearm that proximately caused great
bodily harm, permanent disability, permanent disfigurement, or
death to another person.
(b) The accused commits aggravated criminal sexual assault if
the accused was under 17 years of age and (i) commits an act of
sexual penetration with a victim who was under 9 years of age when
the act was committed; or (ii) commits an act of sexual penetration
with a victim who was at least 9 years of age but under 13 years of
age when the act was committed and the accused used force or threat
of force to commit the act.
(c) The accused commits aggravated criminal sexual assault if he
or she commits an act of sexual penetration with a victim who was an
institutionalized severely or profoundly mentally retarded person at
the time the act was committed.
(d) Sentence.
(1) Aggravated criminal sexual assault in violation of
paragraph (1), (2), (3), (4), (5), (6), or (7) of subsection (a)
HOUSE OF REPRESENTATIVES 4071
is a Class X felony. A violation of subsection (a)(8) is a Class
X felony for which 15 years shall be added to the term of
imprisonment imposed by the court. A violation of subsection
(a)(9) is a Class X felony for which 20 years shall be added to
the term of imprisonment imposed by the court. A violation of
subsection (a)(10) is a Class X felony for which 25 years or up
to a term of natural life imprisonment shall be added to the term
of imprisonment imposed by the court.
(2) A person who is convicted of a second or subsequent
offense of aggravated criminal sexual assault, or who is
convicted of the offense of aggravated criminal sexual assault
after having previously been convicted of the offense of criminal
sexual assault or the offense of predatory criminal sexual
assault of a child, or who is convicted of the offense of
aggravated criminal sexual assault after having previously been
convicted under the laws of this or any other state of an offense
that is substantially equivalent to the offense of criminal
sexual assault, the offense of aggravated criminal sexual assault
or the offense of predatory criminal sexual assault of a child,
shall be sentenced to a term of natural life imprisonment. The
commission of the second or subsequent offense is required to
have been after the initial conviction for this paragraph (2) to
apply.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 90-396,
eff. 1-1-98; 90-735, eff. 8-11-98.)
(720 ILCS 5/12-14.1)
Sec. 12-14.1. Predatory criminal sexual assault of a child.
(a) The accused commits predatory criminal sexual assault of a
child if:
(1) the accused was 17 years of age or over and commits an
act of sexual penetration with a victim who was under 13 years of
age when the act was committed; or
(1.1) the accused was 17 years of age or over and, while
armed with a firearm, commits an act of sexual penetration with a
victim who was under 13 years of age when the act was committed;
or
(1.2) the accused was 17 years of age or over and commits
an act of sexual penetration with a victim who was under 13 years
of age when the act was committed and, during the commission of
the offense, the accused personally discharged a firearm; or
(2) the accused was 17 years of age or over and commits an
act of sexual penetration with a victim who was under 13 years of
age when the act was committed and the accused caused great
bodily harm to the victim that:
(A) resulted in permanent disability; or
(B) was life threatening; or
(3) the accused was 17 years of age or over and commits an
act of sexual penetration with a victim who was under 13 years of
age when the act was committed and the accused delivered (by
injection, inhalation, ingestion, transfer of possession, or any
other means) to the victim without his or her consent, or by
threat or deception, and for other than medical purposes, any
controlled substance.
(b) Sentence.
(1) A person convicted of a violation of subsection (a)(1)
commits a Class X felony. A person convicted of a violation of
subsection (a)(1.1) commits a Class X felony for which 15 years
shall be added to the term of imprisonment imposed by the court.
A person convicted of a violation of subsection (a)(1.2) commits
a Class X felony for which 20 years shall be added to the term of
imprisonment imposed by the court. A person convicted of a
4072 JOURNAL OF THE [May 12, 1999]
violation of subsection (a)(2) commits a Class X felony for which
the person shall be sentenced to a term of imprisonment of not
less than 50 years or up to a term of natural life imprisonment.
A person convicted of a violation of subsection (a)(2) or (a) (3)
commits a Class X felony for which the person shall be sentenced
to a term of imprisonment of not less than 50 years and not more
than 60 years.
(2) A person who is convicted of a second or subsequent
offense of predatory criminal sexual assault of a child, or who
is convicted of the offense of predatory criminal sexual assault
of a child after having previously been convicted of the offense
of criminal sexual assault or the offense of aggravated criminal
sexual assault, or who is convicted of the offense of predatory
criminal sexual assault of a child after having previously been
convicted under the laws of this State or any other state of an
offense that is substantially equivalent to the offense of
predatory criminal sexual assault of a child, the offense of
aggravated criminal sexual assault or the offense of criminal
sexual assault, shall be sentenced to a term of natural life
imprisonment. The commission of the second or subsequent offense
is required to have been after the initial conviction for this
paragraph (2) to apply.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 90-396,
eff. 1-1-98; 90-735, eff. 8-11-98.)
(720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
Sec. 18-2. Armed robbery.
(a) A person commits armed robbery when he or she violates
Section 18-1; and
(1) while he or she carries on or about his or her person,
or is otherwise armed with a dangerous weapon other than a
firearm; or
(2) he or she carries on or about his or her person or is
otherwise armed with a firearm; or
(3) he or she, during the commission of the offense,
personally discharges a firearm; or
(4) he or she, during the commission of the offense,
personally discharges a firearm that proximately causes great
bodily harm, permanent disability, permanent disfigurement, or
death to another person.
(b) Sentence.
Armed robbery in violation of subsection (a)(1) is a Class X
felony. A violation of subsection (a)(2) is a Class X felony for
which 15 years shall be added to the term of imprisonment imposed by
the court. A violation of subsection (a)(3) is a Class X felony for
which 20 years shall be added to the term of imprisonment imposed by
the court. A violation of subsection (a)(4) is a Class X felony for
which 25 years or up to a term of natural life shall be added to the
term of imprisonment imposed by the court.
(Source: P.A. 80-1099.)
(720 ILCS 5/18-4)
Sec. 18-4. Aggravated vehicular hijacking.
(a) A person commits aggravated vehicular hijacking when he or
she violates Section 18-3; and
(1) the person from whose immediate presence the motor
vehicle is taken is a physically handicapped person or a person
60 years of age or over; or
(2) a person under 16 years of age is a passenger in the
motor vehicle at the time of the offense; or
(3) he or she carries on or about his or her person, or is
otherwise armed with a dangerous weapon, other than a firearm; or
(4) he or she carries on or about his or her person or is
HOUSE OF REPRESENTATIVES 4073
otherwise armed with a firearm; or
(5) he or she, during the commission of the offense,
personally discharges a firearm; or
(6) he or she, during the commission of the offense,
personally discharges a firearm that proximately causes great
bodily harm, permanent disability, permanent disfigurement, or
death to another person.
(b) Sentence. Aggravated vehicular hijacking in violation of
subsections (a)(1) or (a)(2) is a Class X felony. Aggravated
vehicular hijacking in violation of subsection (a)(3) is a Class X
felony for which a term of imprisonment of not less than 7 years
shall be imposed. Aggravated vehicular hijacking in violation of
subsection (a)(4) is a Class X felony for which 15 years shall be
added to the term of imprisonment imposed by the court. Aggravated
vehicular hijacking in violation of subsection (a)(5) is a Class X
felony for which 20 years shall be added to the term of imprisonment
imposed by the court. Aggravated vehicular hijacking in violation of
subsection (a)(6) is a Class X felony for which 25 years or up to a
term of natural life shall be added to the term of imprisonment
imposed by the court.
(Source: P.A. 88-351.)
(720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
Sec. 33A-1. Legislative intent and definitions.
(a) Legislative findings. The legislature finds and declares the
following:
(1) The use of a dangerous weapon in the commission of a
felony offense poses a much greater threat to the public health,
safety, and general welfare, then when a weapon is not used in
the commission of the offense.
(2) Further, the use of a firearm greatly facilitates the
commission of a criminal offense because of the more lethal
nature of a firearm and the greater perceived threat produced in
those confronted by a person wielding a firearm. Unlike other
dangerous weapons such as knives and clubs, the use of a firearm
in the commission of a criminal felony offense significantly
escalates the threat and the potential for bodily harm, and the
greater range of the firearm increases the potential for harm to
more persons. Not only are the victims and bystanders at greater
risk when a firearm is used, but also the law enforcement
officers whose duty is to confront and apprehend the armed
suspect.
(3) Current law does contain offenses involving the use or
discharge of a gun toward or against a person, such as aggravated
battery with a firearm, aggravated discharge of a firearm, and
reckless discharge of a firearm; however, the General Assembly
has legislated greater penalties for the commission of a felony
while in possession of a firearm because it deems such acts as
more serious.
(b) Legislative intent.
(1) In order to deter the use of firearms in the commission
of a felony offense, the General Assembly deems it appropriate
for a greater penalty to be imposed when a firearm is used or
discharged in the commission of an offense than the penalty
imposed for using other types of weapons and for the penalty to
increase on more serious offenses.
(2) With the additional elements of the discharge of a
firearm and great bodily harm inflicted by a firearm being added
to armed violence and other serious felony offenses, it is the
intent of the General Assembly to punish those elements more
severely during commission of a felony offense than when those
elements stand alone as the act of the offender.
4074 JOURNAL OF THE [May 12, 1999]
(3) It is the intent of the 91st General Assembly that
should Public Act 88-680 be declared unconstitutional for a
violation of Article 4, Section 8 of the 1970 Constitution of the
State of Illinois, the amendatory changes made by Public Act
88-680 to Article 33A of the Criminal Code of 1961 and which are
set forth as law in this amendatory Act of the 91st General
Assembly are hereby reenacted by this amendatory Act of the 91st
General Assembly.
(c) Definitions.
(1) (a) "Armed with a dangerous weapon". A person is
considered armed with a dangerous weapon for purposes of this
Article, when he or she carries on or about his or her person or
is otherwise armed with a Category I, Category II, or Category
III weapon.
(2) (b) A Category I weapon is a handgun, sawed-off
shotgun, sawed-off rifle, any other firearm small enough to be
concealed upon the person, semiautomatic firearm, or machine gun.
A Category II weapon is any other rifle, shotgun, spring gun,
other firearm, stun gun or taser as defined in paragraph (a) of
Section 24-1 of this Code, knife with a blade of at least 3
inches in length, dagger, dirk, switchblade knife, stiletto,
axe, hatchet, or other deadly or dangerous weapon or instrument
of like character. As used in this subsection (b) "semiautomatic
firearm" means a repeating firearm that utilizes a portion of the
energy of a firing cartridge to extract the fired cartridge case
and chamber the next round and that requires a separate pull of
the trigger to fire each cartridge.
t (3) (c) A Category III weapon is a bludgeon, black-jack,
slungshot, sand-bag, sand-club, metal knuckles, billy, or other
dangerous weapon of like character.
(Source: P.A. 88-680, eff. 1-1-95.)
(720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
Sec. 33A-2. Armed violence-Elements of the offense.
(a) A person commits armed violence when, while armed with a
dangerous weapon, he commits any felony defined by Illinois Law,
except first degree murder, attempted first degree murder,
intentional homicide of an unborn child, predatory criminal sexual
assault of a child, aggravated criminal sexual assault, aggravated
kidnaping, aggravated battery of a child, home invasion, armed
robbery, or aggravated vehicular hijacking.
(b) A person commits armed violence when he or she personally
discharges a firearm that is a Category I or Category II weapon while
committing any felony defined by Illinois law, except first degree
murder, attempted first degree murder, intentional homicide of an
unborn child, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, aggravated kidnaping, aggravated
battery of a child, home invasion, armed robbery, or aggravated
vehicular hijacking.
(c) A person commits armed violence when he or she personally
discharges a firearm that is a Category I or Category II weapon that
proximately causes great bodily harm, permanent disability, or
permanent disfigurement or death to another person while committing
any felony defined by Illinois law, except first degree murder,
attempted first degree murder, intentional homicide of an unborn
child, predatory criminal sexual assault of a child, aggravated
criminal sexual assault, aggravated kidnaping, aggravated battery of
a child, home invasion, armed robbery, or aggravated vehicular
hijacking.
(d) This Section does not apply to violations of the Fish and
Aquatic Life Code or the Wildlife Code.
(Source: P.A. 80-1099.)
HOUSE OF REPRESENTATIVES 4075
(720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
Sec. 33A-3. Sentence.
(a) Violation of Section 33A-2(a) 33A-2 with a Category I weapon
is a Class X felony for which the defendant shall be sentenced to a
minimum term of imprisonment of 15 years.
(a-5) Violation of Section 33A-2(a) 33A-2 with a Category II
weapon is a Class X felony for which the defendant shall be sentenced
to a minimum term of imprisonment of 10 years.
(b) Violation of Section 33A-2(a) 33A-2 with a Category III
weapon is a Class 2 felony or the felony classification provided for
the same act while unarmed, whichever permits the greater penalty.
A second or subsequent violation of Section 33A-2(a) 33A-2 with a
Category III weapon is a Class 1 felony or the felony classification
provided for the same act while unarmed, whichever permits the
greater penalty.
(b-5) Violation of Section 33A-2(b) with a firearm that is a
Category I or Category II weapon is a Class X felony for which the
defendant shall be sentenced to a minimum term of imprisonment of 20
years.
(b-10) Violation of Section 33A-2(c) with a firearm that is a
Category I or Category II weapon is a Class X felony for which the
defendant shall be sentenced to a term of imprisonment of not less
than 25 years nor more than 40 years.
(c) Unless sentencing under Section 33B-1 is applicable, any
person who violates subsection (a) or (b) of Section 33A-2 with a
firearm, when that person has been convicted in any state or federal
court of 3 or more of the following offenses: treason, first degree
murder, second degree murder, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual assault,
robbery, burglary, arson, kidnaping, aggravated battery resulting in
great bodily harm or permanent disability or disfigurement, or a
violation of Section 401(a) of the Illinois Controlled Substances
Act, when the third offense was committed after conviction on the
second, the second offense was committed after conviction on the
first, and the violation of Section 33A-2 was committed after
conviction on the third, shall be sentenced to a term of imprisonment
of not less than 25 years nor more than 50 years.
(c-5) Except as otherwise provided in paragraph (b-10) or (c) of
this Section, a person who violates Section 33A-2(a) with a firearm
that is a Category I weapon or Section 33A-2(b) in any school, in any
conveyance owned, leased, or contracted by a school to transport
students to or from school or a school related activity, or on the
real property comprising any school or public park, and where the
offense was related to the activities of an organized gang, shall be
sentenced to a term of imprisonment of not less than the term set
forth in subsection (a) or (b-5) of this Section, whichever is
applicable, and not more than 30 years. For the purposes of this
subsection (c-5), "organized gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention
Act.
(d) For armed violence based upon a predicate offense listed in
this subsection (d) the court shall enter the sentence for armed
violence to run consecutively to the sentence imposed for the
predicate offense. The offenses covered by this provision are:
(i) solicitation of murder,
(ii) solicitation of murder for hire,
(iii) heinous battery,
(iv) aggravated battery of a senior citizen,
(v) criminal sexual assault,
(vi) a violation of subsection (g) of Section 5 of the
Cannabis Control Act,
4076 JOURNAL OF THE [May 12, 1999]
(vii) cannabis trafficking,
(viii) a violation of subsection (a) of Section 401 of the
Illinois Controlled Substances Act,
(ix) controlled substance trafficking involving a Class X
felony amount of controlled substance under Section 401 of the
Illinois Controlled Substances Act,
(x) calculated criminal drug conspiracy, or
(xi) streetgang criminal drug conspiracy.
(Source: P.A. 88-467; 88-680, eff. 1-1-95; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96.)
Section 10. The Unified Code of Corrections is amended by
changing Sections 5-5-3, 5-8-1, 5-8-4 as follows:
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) Every person convicted of an offense shall be sentenced as
provided in this Section.
(b) The following options shall be appropriate dispositions,
alone or in combination, for all felonies and misdemeanors other than
those identified in subsection (c) of this Section:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) An order directing the offender to clean up and repair
the damage, if the offender was convicted under paragraph (h) of
Section 21-1 of the Criminal Code of 1961.
(6) A fine.
(7) An order directing the offender to make restitution to
the victim under Section 5-5-6 of this Code.
(8) A sentence of participation in a county impact
incarceration program under Section 5-8-1.2 of this Code.
Whenever an individual is sentenced for an offense based upon an
arrest for a violation of Section 11-501 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and the
professional evaluation recommends remedial or rehabilitative
treatment or education, neither the treatment nor the education shall
be the sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment recommendations
contained in the professional evaluation. Programs conducting
alcohol or other drug evaluation or remedial education must be
licensed by the Department of Human Services. However, if the
individual is not a resident of Illinois, the court may accept an
alcohol or other drug evaluation or remedial education program in the
state of such individual's residence. Programs providing treatment
must be licensed under existing applicable alcoholism and drug
treatment licensure standards.
In addition to any other fine or penalty required by law, any
individual convicted of a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of local ordinance, whose
operation of a motor vehicle while in violation of Section 11-501 or
such ordinance proximately caused an incident resulting in an
appropriate emergency response, shall be required to make restitution
to a public agency for the costs of that emergency response. Such
restitution shall not exceed $500 per public agency for each such
emergency response. For the purpose of this paragraph, emergency
response shall mean any incident requiring a response by: a police
officer as defined under Section 1-162 of the Illinois Vehicle Code;
a fireman carried on the rolls of a regularly constituted fire
department; and an ambulance as defined under Section 4.05 of the
Emergency Medical Services (EMS) Systems Act.
HOUSE OF REPRESENTATIVES 4077
Neither a fine nor restitution shall be the sole disposition for
a felony and either or both may be imposed only in conjunction with
another disposition.
(c) (1) When a defendant is found guilty of first degree murder
the State may either seek a sentence of imprisonment under
Section 5-8-1 of this Code, or where appropriate seek a sentence
of death under Section 9-1 of the Criminal Code of 1961.
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the following
offenses. The court shall sentence the offender to not less than
the minimum term of imprisonment set forth in this Code for the
following offenses, and may order a fine or restitution or both
in conjunction with such term of imprisonment:
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(2) of Section 401 of that Act which relates
to more than 5 grams of a substance containing cocaine or an
analog thereof.
(E) A violation of Section 5.1 or 9 of the Cannabis
Control Act.
(F) A Class 2 or greater felony if the offender had
been convicted of a Class 2 or greater felony within 10
years of the date on which he committed the offense for
which he is being sentenced.
(G) Residential burglary.
(H) Criminal sexual assault, except as otherwise
provided in subsection (e) of this Section.
(I) Aggravated battery of a senior citizen.
(J) A forcible felony if the offense was related to
the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that encourages
members of the association to perpetrate crimes or provides
support to the members of the association who do commit
crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 of the Criminal Code
of 1961.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the Criminal
Code of 1961.
(Q) A violation of Section 20-1.2 of the Criminal Code
4078 JOURNAL OF THE [May 12, 1999]
of 1961.
(R) (Q) A violation of Section 24-3A of the Criminal
Code of 1961.
(3) A minimum term of imprisonment of not less than 48
consecutive hours or 100 hours of community service as may be
determined by the court shall be imposed for a second or
subsequent violation committed within 5 years of a previous
violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(4) A minimum term of imprisonment of not less than 7
consecutive days or 30 days of community service shall be imposed
for a violation of paragraph (c) of Section 6-303 of the Illinois
Vehicle Code.
(4.1) A minimum term of 30 consecutive days of
imprisonment, 40 days of 24 hour periodic imprisonment or 720
hours of community service, as may be determined by the court,
shall be imposed for a violation of Section 11-501 of the
Illinois Vehicle Code during a period in which the defendant's
driving privileges are revoked or suspended, where the revocation
or suspension was for a violation of Section 11-501 or Section
11-501.1 of that Code.
(5) The court may sentence an offender convicted of a
business offense or a petty offense or a corporation or
unincorporated association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(6) In no case shall an offender be eligible for a
disposition of probation or conditional discharge for a Class 1
felony committed while he was serving a term of probation or
conditional discharge for a felony.
(7) When a defendant is adjudged a habitual criminal under
Article 33B of the Criminal Code of 1961, the court shall
sentence the defendant to a term of natural life imprisonment.
(8) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, after having twice been
convicted of any Class 2 or greater Class felonies in Illinois,
and such charges are separately brought and tried and arise out
of different series of acts, such defendant shall be sentenced as
a Class X offender. This paragraph shall not apply unless (1) the
first felony was committed after the effective date of this
amendatory Act of 1977; and (2) the second felony was committed
after conviction on the first; and (3) the third felony was
committed after conviction on the second.
(9) A defendant convicted of a second or subsequent offense
of ritualized abuse of a child may be sentenced to a term of
natural life imprisonment.
(10) Beginning July 1, 1994, unless sentencing under
Section 33B-1 is applicable, a term of imprisonment of not less
than 15 years nor more than 50 years shall be imposed on a
defendant who violates Section 33A-2 of the Criminal Code of 1961
with a firearm, when that person has been convicted in any state
or federal court of 3 or more of the following offenses: treason,
first degree murder, second degree murder, aggravated criminal
sexual assault, criminal sexual assault, robbery, burglary,
arson, kidnaping, aggravated battery resulting in great bodily
harm or permanent disability or disfigurement, or a violation of
Section 401(a) of the Illinois Controlled Substances Act, when
the third offense was committed after conviction on the second,
the second offense was committed after conviction on the first,
HOUSE OF REPRESENTATIVES 4079
and the violation of Section 33A-2 of the Criminal Code of 1961
was committed after conviction on the third.
(11) Beginning July 1, 1994, a term of imprisonment of not
less than 10 years and not more than 30 years shall be imposed on
a defendant who violates Section 33A-2 with a Category I weapon
where the offense was committed in any school, or any conveyance
owned, leased, or contracted by a school to transport students to
or from school or a school related activity, on the real property
comprising any school or public park, and where the offense was
related to the activities of an organized gang. For the purposes
of this paragraph (11), "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The trial
court shall hold a hearing under Section 5-4-1 of the Unified Code of
Corrections which may include evidence of the defendant's life, moral
character and occupation during the time since the original sentence
was passed. The trial court shall then impose sentence upon the
defendant. The trial court may impose any sentence which could have
been imposed at the original trial subject to Section 5-5-4 of the
Unified Code of Corrections.
(e) In cases where prosecution for criminal sexual assault or
aggravated criminal sexual abuse under Section 12-13 or 12-16 of the
Criminal Code of 1961 results in conviction of a defendant who was a
family member of the victim at the time of the commission of the
offense, the court shall consider the safety and welfare of the
victim and may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a court
approved plan including but not limited to the defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the family;
(iv) restitution for harm done to the victim; and
(v) compliance with any other measures that the
court may deem appropriate; and
(2) the court orders the defendant to pay for the victim's
counseling services, to the extent that the court finds, after
considering the defendant's income and assets, that the defendant
is financially capable of paying for such services, if the victim
was under 18 years of age at the time the offense was committed
and requires counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section 5-6-4;
except where the court determines at the hearing that the defendant
violated a condition of his or her probation restricting contact with
the victim or other family members or commits another offense with
the victim or other family members, the court shall revoke the
defendant's probation and impose a term of imprisonment.
For the purposes of this Section, "family member" and "victim"
shall have the meanings ascribed to them in Section 12-12 of the
Criminal Code of 1961.
(f) This Article shall not deprive a court in other proceedings
to order a forfeiture of property, to suspend or cancel a license, to
remove a person from office, or to impose any other civil penalty.
(g) Whenever a defendant is convicted of an offense under
Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19,
11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
4080 JOURNAL OF THE [May 12, 1999]
Criminal Code of 1961, the defendant shall undergo medical testing to
determine whether the defendant has any sexually transmissible
disease, including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Any such medical test shall be
performed only by appropriately licensed medical practitioners and
may include an analysis of any bodily fluids as well as an
examination of the defendant's person. Except as otherwise provided
by law, the results of such test shall be kept strictly confidential
by all medical personnel involved in the testing and must be
personally delivered in a sealed envelope to the judge of the court
in which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the victim
and the public, the judge shall have the discretion to determine to
whom, if anyone, the results of the testing may be revealed. The
court shall notify the defendant of the test results. The court
shall also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's
parents or legal guardian of the test results. The court shall
provide information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to whom the
results of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results of any
HIV test administered under this Section, and the court shall grant
the disclosure if the State's Attorney shows it is relevant in order
to prosecute a charge of criminal transmission of HIV under Section
12-16.2 of the Criminal Code of 1961 against the defendant. The
court shall order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public Health
including but not limited to tuberculosis, the results of the test
shall be personally delivered by the warden or his or her designee in
a sealed envelope to the judge of the court in which the inmate must
appear for the judge's inspection in camera if requested by the
judge. Acting in accordance with the best interests of those in the
courtroom, the judge shall have the discretion to determine what if
any precautions need to be taken to prevent transmission of the
disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether the
defendant has been exposed to human immunodeficiency virus (HIV) or
any other identified causative agent of acquired immunodeficiency
syndrome (AIDS). Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally delivered in
a sealed envelope to the judge of the court in which the conviction
was entered for the judge's inspection in camera. Acting in
accordance with the best interests of the public, the judge shall
have the discretion to determine to whom, if anyone, the results of
the testing may be revealed. The court shall notify the defendant of
a positive test showing an infection with the human immunodeficiency
virus (HIV). The court shall provide information on the availability
of HIV testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing are
revealed and shall direct the State's Attorney to provide the
information to the victim when possible. A State's Attorney may
petition the court to obtain the results of any HIV test administered
HOUSE OF REPRESENTATIVES 4081
under this Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a charge
of criminal transmission of HIV under Section 12-16.2 of the Criminal
Code of 1961 against the defendant. The court shall order that the
cost of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
(i) All fines and penalties imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code,
or a similar provision of a local ordinance, and any violation of the
Child Passenger Protection Act, or a similar provision of a local
ordinance, shall be collected and disbursed by the circuit clerk as
provided under Section 27.5 of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section 11-6,
11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-13,
12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, any
violation of the Illinois Controlled Substances Act, or any violation
of the Cannabis Control Act results in conviction, a disposition of
court supervision, or an order of probation granted under Section 10
of the Cannabis Control Act or Section 410 of the Illinois Controlled
Substance Act of a defendant, the court shall determine whether the
defendant is employed by a facility or center as defined under the
Child Care Act of 1969, a public or private elementary or secondary
school, or otherwise works with children under 18 years of age on a
daily basis. When a defendant is so employed, the court shall order
the Clerk of the Court to send a copy of the judgment of conviction
or order of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school, the
Clerk of the Court shall direct the mailing of a copy of the judgment
of conviction or order of supervision or probation to the appropriate
regional superintendent of schools. The regional superintendent of
schools shall notify the State Board of Education of any notification
under this subsection.
(j-5) A defendant at least 17 years of age who is convicted of a
felony and who has not been previously convicted of a misdemeanor or
felony and who is sentenced to a term of imprisonment in the Illinois
Department of Corrections shall as a condition of his or her sentence
be required by the court to attend educational courses designed to
prepare the defendant for a high school diploma and to work toward a
high school diploma or to work toward passing the high school level
Test of General Educational Development (GED) or to work toward
completing a vocational training program offered by the Department of
Corrections. If a defendant fails to complete the educational
training required by his or her sentence during the term of
incarceration, the Prisoner Review Board shall, as a condition of
mandatory supervised release, require the defendant, at his or her
own expense, to pursue a course of study toward a high school diploma
or passage of the GED test. The Prisoner Review Board shall revoke
the mandatory supervised release of a defendant who wilfully fails to
comply with this subsection (j-5) upon his or her release from
confinement in a penal institution while serving a mandatory
supervised release term; however, the inability of the defendant
after making a good faith effort to obtain financial aid or pay for
the educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant whose
mandatory supervised release term has been revoked under this
subsection (j-5) as provided in Section 3-3-9. This subsection (j-5)
does not apply to a defendant who has a high school diploma or has
successfully passed the GED test. This subsection (j-5) does not
apply to a defendant who is determined by the court to be
developmentally disabled or otherwise mentally incapable of
4082 JOURNAL OF THE [May 12, 1999]
completing the educational or vocational program.
(k) A court may not impose a sentence or disposition for a
felony or misdemeanor that requires the defendant to be implanted or
injected with or to use any form of birth control.
(l) (A) Except as provided in paragraph (C) of subsection (l),
whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the Attorney
General of the United States or his or her designated agent to be
deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act or Section 410 of
the Illinois Controlled Substances Act, the court may, upon
motion of the State's Attorney to suspend the sentence imposed,
commit the defendant to the custody of the Attorney General of
the United States or his or her designated agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who are
subject to the provisions of paragraph (2) of subsection (a) of
Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of the
United States, the defendant shall be recommitted to the custody
of the county from which he or she was sentenced. Thereafter, the
defendant shall be brought before the sentencing court, which may
impose any sentence that was available under Section 5-5-3 at the
time of initial sentencing. In addition, the defendant shall not
be eligible for additional good conduct credit for meritorious
service as provided under Section 3-6-6.
(m) A person convicted of criminal defacement of property under
Section 21-1.3 of the Criminal Code of 1961, in which the property
damage exceeds $300 and the property damaged is a school building,
shall be ordered to perform community service that may include
cleanup, removal, or painting over the defacement.
(Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96; 89-428, eff.
12-13-95; 89-462, eff. 5-29-96; 89-477, eff. 6-18-96; 89-507, eff.
7-1-97; 89-545, eff. 7-25-96; 89-587, eff. 7-31-96; 89-627, eff.
1-1-97; 89-688, eff. 6-1-97; 90-14, eff. 7-1-97; 90-68, eff. 7-8-97;
90-680, eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
revised 9-16-98.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Sentence of Imprisonment for Felony.
(a) Except as otherwise provided in the statute defining the
offense, a sentence of imprisonment for a felony shall be a
determinate sentence set by the court under this Section, according
HOUSE OF REPRESENTATIVES 4083
to the following limitations:
(1) for first degree murder,
(a) a term shall be not less than 20 years and not
more than 60 years, or
(b) if the court finds that the murder was accompanied
by exceptionally brutal or heinous behavior indicative of
wanton cruelty or, except as set forth in subsection
(a)(1)(c) of this Section, that any of the aggravating
factors listed in subsection (b) of Section 9-1 of the
Criminal Code of 1961 are present, the court may sentence
the defendant to a term of natural life imprisonment, or
(c) the court shall sentence the defendant to a term
of natural life imprisonment when the death penalty is not
imposed if the defendant,
(i) has previously been convicted of first degree
murder under any state or federal law, or
(ii) is a person who, at the time of the
commission of the murder, had attained the age of 17 or
more and is found guilty of murdering an individual
under 12 years of age; or, irrespective of the
defendant's age at the time of the commission of the
offense, is found guilty of murdering more than one
victim, or
(iii) is found guilty of murdering a peace
officer or fireman when the peace officer or fireman
was killed in the course of performing his official
duties, or to prevent the peace officer or fireman from
performing his official duties, or in retaliation for
the peace officer or fireman performing his official
duties, and the defendant knew or should have known
that the murdered individual was a peace officer or
fireman, or
(iv) is found guilty of murdering an employee of
an institution or facility of the Department of
Corrections, or any similar local correctional agency,
when the employee was killed in the course of
performing his official duties, or to prevent the
employee from performing his official duties, or in
retaliation for the employee performing his official
duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician
- paramedic, ambulance driver or other medical
assistance or first aid person while employed by a
municipality or other governmental unit when the person
was killed in the course of performing official duties
or to prevent the person from performing official
duties or in retaliation for performing official duties
and the defendant knew or should have known that the
murdered individual was an emergency medical technician
- ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistant or first
aid personnel, or
(vi) is a person who, at the time of the
commission of the murder, had not attained the age of
17, and is found guilty of murdering a person under 12
years of age and the murder is committed during the
course of aggravated criminal sexual assault, criminal
sexual assault, or aggravated kidnaping, or
4084 JOURNAL OF THE [May 12, 1999]
(vii) is found guilty of first degree murder and
the murder was committed by reason of any person's
activity as a community policing volunteer or to
prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
1961.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician - paramedic",
have the meanings ascribed to them in the Emergency Medical
Services (EMS) Systems Act.
(d) (i) if the person committed the offense while
armed with a firearm, 15 years shall be added to the
term of imprisonment imposed by the court;
(ii) if, during the commission of the offense,
the person personally discharged a firearm, 20 years
shall be added to the term of imprisonment imposed by
the court;
(iii) if, during the commission of the offense,
the person personally discharged a firearm that
proximately caused great bodily harm, permanent
disability, permanent disfigurement, or death to
another person, 25 years or up to a term of natural
life shall be added to the term of imprisonment imposed
by the court.
(1.5) for second degree murder, a term shall be not less
than 4 years and not more than 20 years;
(2) for a person adjudged a habitual criminal under Article
33B of the Criminal Code of 1961, as amended, the sentence shall
be a term of natural life imprisonment;
(2.5) for a person convicted under the circumstances
described in paragraph (3) of subsection (b) of Section 12-13,
paragraph (2) of subsection (d) of Section 12-14, or paragraph
(2) of subsection (b) of Section 12-14.1 of the Criminal Code of
1961, the sentence shall be a term of natural life imprisonment;
(3) except as otherwise provided in the statute defining
the offense, for a Class X felony, the sentence shall be not less
than 6 years and not more than 30 years;
(4) for a Class 1 felony, other than second degree murder,
the sentence shall be not less than 4 years and not more than 15
years;
(5) for a Class 2 felony, the sentence shall be not less
than 3 years and not more than 7 years;
(6) for a Class 3 felony, the sentence shall be not less
than 2 years and not more than 5 years;
(7) for a Class 4 felony, the sentence shall be not less
than 1 year and not more than 3 years.
(b) The sentencing judge in each felony conviction shall set
forth his reasons for imposing the particular sentence he enters in
the case, as provided in Section 5-4-1 of this Code. Those reasons
may include any mitigating or aggravating factors specified in this
Code, or the lack of any such circumstances, as well as any other
such factors as the judge shall set forth on the record that are
consistent with the purposes and principles of sentencing set out in
this Code.
(c) A motion to reduce a sentence may be made, or the court may
reduce a sentence without motion, within 30 days after the sentence
is imposed. A defendant's challenge to the correctness of a sentence
or to any aspect of the sentencing hearing shall be made by a written
HOUSE OF REPRESENTATIVES 4085
motion filed within 30 days following the imposition of sentence.
However, the court may not increase a sentence once it is imposed.
If a motion filed pursuant to this subsection is timely filed
within 30 days after the sentence is imposed, the proponent of the
motion shall exercise due diligence in seeking a determination on the
motion and the court shall thereafter decide such motion within a
reasonable time.
If a motion filed pursuant to this subsection is timely filed
within 30 days after the sentence is imposed, then for purposes of
perfecting an appeal, a final judgment shall not be considered to
have been entered until the motion to reduce a sentence has been
decided by order entered by the trial court.
A motion filed pursuant to this subsection shall not be
considered to have been timely filed unless it is filed with the
circuit court clerk within 30 days after the sentence is imposed
together with a notice of motion, which notice of motion shall set
the motion on the court's calendar on a date certain within a
reasonable time after the date of filing.
(d) Except where a term of natural life is imposed, every
sentence shall include as though written therein a term in addition
to the term of imprisonment. For those sentenced under the law in
effect prior to February 1, 1978, such term shall be identified as a
parole term. For those sentenced on or after February 1, 1978, such
term shall be identified as a mandatory supervised release term.
Subject to earlier termination under Section 3-3-8, the parole or
mandatory supervised release term shall be as follows:
(1) for first degree murder or a Class X felony, 3 years;
(2) for a Class 1 felony or a Class 2 felony, 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year.
(e) A defendant who has a previous and unexpired sentence of
imprisonment imposed by another state or by any district court of the
United States and who, after sentence for a crime in Illinois, must
return to serve the unexpired prior sentence may have his sentence by
the Illinois court ordered to be concurrent with the prior sentence
in the other state. The court may order that any time served on the
unexpired portion of the sentence in the other state, prior to his
return to Illinois, shall be credited on his Illinois sentence. The
other state shall be furnished with a copy of the order imposing
sentence which shall provide that, when the offender is released from
confinement of the other state, whether by parole or by termination
of sentence, the offender shall be transferred by the Sheriff of the
committing county to the Illinois Department of Corrections. The
court shall cause the Department of Corrections to be notified of
such sentence at the time of commitment and to be provided with
copies of all records regarding the sentence.
(f) A defendant who has a previous and unexpired sentence of
imprisonment imposed by an Illinois circuit court for a crime in this
State and who is subsequently sentenced to a term of imprisonment by
another state or by any district court of the United States and who
has served a term of imprisonment imposed by the other state or
district court of the United States, and must return to serve the
unexpired prior sentence imposed by the Illinois Circuit Court may
apply to the court which imposed sentence to have his sentence
reduced.
The circuit court may order that any time served on the sentence
imposed by the other state or district court of the United States be
credited on his Illinois sentence. Such application for reduction of
a sentence under this subsection (f) shall be made within 30 days
after the defendant has completed the sentence imposed by the other
state or district court of the United States.
(Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95; 89-462,
4086 JOURNAL OF THE [May 12, 1999]
eff. 5-29-96; 90-396, eff. 1-1-98; 90-651, eff. 1-1-99.)
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
Sec. 5-8-4. Concurrent and Consecutive Terms of Imprisonment.
(a) When multiple sentences of imprisonment are imposed on a
defendant at the same time, or when a term of imprisonment is imposed
on a defendant who is already subject to sentence in this State or in
another state, or for a sentence imposed by any district court of the
United States, the sentences shall run concurrently or consecutively
as determined by the court. When a term of imprisonment is imposed on
a defendant by an Illinois circuit court and the defendant is
subsequently sentenced to a term of imprisonment by another state or
by a district court of the United States, the Illinois circuit court
which imposed the sentence may order that the Illinois sentence be
made concurrent with the sentence imposed by the other state or
district court of the United States. The defendant must apply to the
circuit court within 30 days after the defendant's sentence imposed
by the other state or district of the United States is finalized. The
court shall not impose consecutive sentences for offenses which were
committed as part of a single course of conduct during which there
was no substantial change in the nature of the criminal objective,
unless:
(i), one of the offenses for which defendant was convicted
was a Class X or Class 1 felony and the defendant inflicted
severe bodily injury, or
(ii) where the defendant was convicted of a violation of
Section 12-13, 12-14, or 12-14.1 of the Criminal Code of 1961, or
(iii) the defendant was convicted of armed violence based
upon the predicate offense of solicitation of murder,
solicitation of murder for hire, heinous battery, aggravated
battery of a senior citizen, criminal sexual assault, a violation
of subsection (g) of Section 5 of the Cannabis Control Act,
cannabis trafficking, a violation of subsection (a) of Section
401 of the Illinois Controlled Substances Act, controlled
substance trafficking involving a Class X felony amount of
controlled substance under Section 401 of the Illinois Controlled
Substances Act, calculated criminal drug conspiracy, or
streetgang criminal drug conspiracy,
in which event the court shall enter sentences to run consecutively.
Sentences shall run concurrently unless otherwise specified by the
court.
(b) The court shall not impose a consecutive sentence except as
provided for in subsection (a) unless, having regard to the nature
and circumstances of the offense and the history and character of the
defendant, it is of the opinion that such a term is required to
protect the public from further criminal conduct by the defendant,
the basis for which the court shall set forth in the record; except
that no such finding or opinion is required when multiple sentences
of imprisonment are imposed on a defendant for offenses that were not
committed as part of a single course of conduct during which there
was no substantial change in the nature of the criminal objective,
and one of the offenses for which the defendant was convicted was a
Class X or Class 1 felony and the defendant inflicted severe bodily
injury, or when the defendant was convicted of a violation of Section
12-13, 12-14, or 12-14.1 of the Criminal Code of 1961, or where the
defendant was convicted of armed violence based upon the predicate
offense of solicitation of murder, solicitation of murder for hire,
heinous battery, aggravated battery of a senior citizen, criminal
sexual assault, a violation of subsection (g) of Section 5 of the
Cannabis Control Act, cannabis trafficking, a violation of subsection
(a) of Section 401 of the Illinois Controlled Substances Act,
controlled substance trafficking involving a Class X felony amount of
HOUSE OF REPRESENTATIVES 4087
controlled substance under Section 401 of the Illinois Controlled
Substances Act, calculated criminal drug conspiracy, or streetgang
criminal drug conspiracy, in which event the Court shall enter
sentences to run consecutively.
(c) (1) For sentences imposed under law in effect prior to
February 1, 1978 the aggregate maximum of consecutive sentences
shall not exceed the maximum term authorized under Section 5-8-1
for the 2 most serious felonies involved. The aggregate minimum
period of consecutive sentences shall not exceed the highest
minimum term authorized under Section 5-8-1 for the 2 most
serious felonies involved. When sentenced only for misdemeanors,
a defendant shall not be consecutively sentenced to more than the
maximum for one Class A misdemeanor.
(2) For sentences imposed under the law in effect on or
after February 1, 1978, the aggregate of consecutive sentences
for offenses that were committed as part of a single course of
conduct during which there was no substantial change in the
nature of the criminal objective shall not exceed the sum of the
maximum terms authorized under Section 5-8-2 for the 2 most
serious felonies involved, but no such limitation shall apply for
offenses that were not committed as part of a single course of
conduct during which there was no substantial change in the
nature of the criminal objective. When sentenced only for
misdemeanors, a defendant shall not be consecutively sentenced to
more than the maximum for one Class A misdemeanor.
(d) An offender serving a sentence for a misdemeanor who is
convicted of a felony and sentenced to imprisonment shall be
transferred to the Department of Corrections, and the misdemeanor
sentence shall be merged in and run concurrently with the felony
sentence.
(e) In determining the manner in which consecutive sentences of
imprisonment, one or more of which is for a felony, will be served,
the Department of Corrections shall treat the offender as though he
had been committed for a single term with the following incidents:
(1) the maximum period of a term of imprisonment shall
consist of the aggregate of the maximums of the imposed
indeterminate terms, if any, plus the aggregate of the imposed
determinate sentences for felonies plus the aggregate of the
imposed determinate sentences for misdemeanors subject to
paragraph (c) of this Section;
(2) the parole or mandatory supervised release term shall
be as provided in paragraph (e) of Section 5-8-1 of this Code for
the most serious of the offenses involved;
(3) the minimum period of imprisonment shall be the
aggregate of the minimum and determinate periods of imprisonment
imposed by the court, subject to paragraph (c) of this Section;
and
(4) the offender shall be awarded credit against the
aggregate maximum term and the aggregate minimum term of
imprisonment for all time served in an institution since the
commission of the offense or offenses and as a consequence
thereof at the rate specified in Section 3-6-3 of this Code.
(f) A sentence of an offender committed to the Department of
Corrections at the time of the commission of the offense shall be
served consecutive to the sentence under which he is held by the
Department of Corrections. However, in case such offender shall be
sentenced to punishment by death, the sentence shall be executed at
such time as the court may fix without regard to the sentence under
which such offender may be held by the Department.
(g) A sentence under Section 3-6-4 for escape or attempted
escape shall be served consecutive to the terms under which the
4088 JOURNAL OF THE [May 12, 1999]
offender is held by the Department of Corrections.
(h) If a person charged with a felony commits a separate felony
while on pre-trial release or in pretrial detention in a county jail
facility or county detention facility, the sentences imposed upon
conviction of these felonies shall be served consecutively regardless
of the order in which the judgments of conviction are entered.
(i) If a person admitted to bail following conviction of a
felony commits a separate felony while free on bond or if a person
detained in a county jail facility or county detention facility
following conviction of a felony commits a separate felony while in
detention, any sentence following conviction of the separate felony
shall be consecutive to that of the original sentence for which the
defendant was on bond or detained.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 90-128,
eff. 7-22-97.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 2
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 946. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Executive, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 946
AMENDMENT NO. 1. Amend Senate Bill 946 by replacing everything
after the enacting clause with the following:
"Section 5. The Gas Revenue Tax Act is amended by changing
Section 2a.1 as follows:
(35 ILCS 615/2a.1) (from Ch. 120, par. 467.17a.1)
Sec. 2a.1. Imposition of tax on invested capital. In addition
to the taxes imposed by the Illinois Income Tax Act and Section 2 of
this Act, there is hereby imposed upon persons engaged in the
business of distributing, supplying, furnishing or selling gas and
subject to the tax imposed by this Act (other than a school district
or unit of local government as defined in Section 1 of Article VII of
the Illinois Constitution of 1970), an additional tax in an amount
equal to 0.8% .8% of such persons' invested capital for the taxable
period. If such persons are not liable for such additional tax for
the entire taxable period, such additional tax shall be computed on
the portion of the taxable period during which such persons were
liable for such additional tax. The invested capital tax imposed by
this Section shall not be imposed upon persons who are not regulated
by the Illinois Commerce Commission. Provided, in the case of any
person which is subject to the invested capital tax imposed by this
Section and which is also subject to the tax on the distribution of
electricity imposed by Section 2a.1 of the Public Utilities Revenue
Act, the invested capital tax imposed by this Section shall be an
amount equal to 0.8% of such person's invested capital for the
taxable period multiplied by a fraction the numerator of which is the
average of the beginning and ending balances of such person's gross
gas utility plant in service and the denominator of which is the
average of the beginning and ending balances of such person's gross
electric and gas utility plant in service, as set forth in such
person's annual report to the Illinois Commerce Commission for the
HOUSE OF REPRESENTATIVES 4089
taxable period.
(Source: P.A. 90-561, eff. 1-1-98.)".
Representative Stephens offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO SENATE BILL 946
AMENDMENT NO. 2. Amend Senate Bill 946 by replacing the title
with the following:
"AN ACT to amend the Gas Revenue Tax Act by changing Section
2a.1."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Gas Revenue Tax Act is amended by changing
Section 2a.1 as follows:
(35 ILCS 615/2a.1) (from Ch. 120, par. 467.17a.1)
Sec. 2a.1. Imposition of tax on invested capital. In addition
to the taxes imposed by the Illinois Income Tax Act and Section 2 of
this Act, there is hereby imposed upon persons engaged in the
business of distributing, supplying, furnishing or selling gas and
subject to the tax imposed by this Act (other than a school district
or unit of local government as defined in Section 1 of Article VII of
the Illinois Constitution of 1970), an additional tax in an amount
equal to .8% of such persons' invested capital for the taxable
period. If such persons are not liable for such additional tax for
the entire taxable period, such additional tax shall be computed on
the portion of the taxable period during which such persons were
liable for such additional tax. The invested capital tax imposed by
this Section shall not be imposed upon persons who are not regulated
by the Illinois Commerce Commission. Provided, in the case of any
person which is subject to the invested capital tax imposed by this
Section and which is also subject to the tax on the distribution of
electricity imposed by Section 2a.1 of the Public Utilities Revenue
Act, for taxable periods beginning on or after January 1, 1998, the
invested capital tax imposed by this Section shall be the lesser of
(i) an amount equal to 0.8% of such person's invested capital for the
taxable period multiplied by a fraction the numerator of which is the
average of the beginning and ending balances of such person's gross
gas utility plant in service and the denominator of which is the
average of the beginning and ending balances of such person's gross
electric and gas utility plant in service, as set forth in such
person's annual report to the Illinois Commerce Commission for the
taxable period, or (ii) an amount equal to 0.8% of the person's
invested capital for the taxable period ended December 31, 1996
multiplied by a fraction the numerator of which is the average of the
beginning and ending balances of the person's gross gas utility plant
in service and the denominator of which is the average of the
beginning and ending balances of the person's gross electric and gas
utility plant in service as set forth in the person's annual report
to the Illinois Commerce Commission for the taxable period ended
December 31, 1996 modified by an adjustment factor. The adjustment
factor is a ratio the numerator of which is the average of the
beginning and ending balances of the person's gross gas plant in
service for the taxable period and the denominator of which is the
average of the beginning and ending balances of the person's gross
gas plant in service for the taxable period ended December 31, 1996,
as set forth in the person's annual reports to the Illinois Commerce
Commission for such taxable periods.
(Source: P.A. 90-561, eff. 1-1-98.)".
4090 JOURNAL OF THE [May 12, 1999]
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were adopted and the bill, as amended, was advanced
to the order of Third Reading.
SENATE BILL ON THIRD READING
The following bill and any amendments adopted thereto was printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Delgado, SENATE BILL 79 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 21)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
SENATE BILLS ON SECOND READING
SENATE BILL 1168. Having been recalled on May 11, 1999, and
held on the order of Second Reading, the same was again taken up and
advanced to the order of Third Reading.
SENATE BILL 203. Having been read by title a second time on May
11, 1999, and held on the order of Second Reading, the same was again
taken up and advanced to the order of Third Reading.
SENATE BILLS ON THIRD READING
The following bill and any amendments adopted thereto was printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Hoffman, SENATE BILL 203 was taken up
and read by title a third time.
The Chair ruled that 60 votes were needed for passage.
Representative Erwin moved to overrule the Chair.
And the question being "Shall the Chair be sustained?" it was
decided in the affirmative by the following vote:
106, Yeas; 10, Nays; 0, Answering Present.
(ROLL CALL 22)
Representative Hoffman again moved the passage of SENATE BILL
203.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
103, Yeas; 12, Nays; 1, Answering Present.
(ROLL CALL 23)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
HOUSE OF REPRESENTATIVES 4091
SENATE BILLS ON SECOND READING
SENATE BILL 19. Having been read by title a second time on March
11, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Lang offered the following amendment and moved its
adoption:
AMENDMENT NO. 3 TO SENATE BILL 19
AMENDMENT NO. 3. Amend Senate Bill 19, AS AMENDED, by replacing
the title with the following:
"AN ACT regarding child support enforcement."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Non-Support Punishment Act.
Section 5. Prosecutions by State's Attorneys. A proceeding for
enforcement of this Act may be instituted and prosecuted by the
several State's Attorneys only upon the filing of a verified
complaint by the person or persons receiving child or spousal
support.
Section 7. Prosecutions by Attorney General. In addition to
enforcement proceedings by the several State's Attorneys, a
proceeding for the enforcement of this Act may be instituted and
prosecuted by the Attorney General in cases referred by the Illinois
Department of Public Aid involving persons receiving child and spouse
support services under Article X of the Illinois Public Aid Code.
Before referring a case to the Attorney General for enforcement under
this Act, the Department of Public Aid shall notify the person
receiving child and spouse support services under Article X of the
Illinois Public Aid Code of the Department's intent to refer the case
to the Attorney General under this Section for prosecution.
Section 10. Proceedings. Proceedings under this Act may be by
indictment or information. No proceeding may be brought under Section
15 against a person whose court or administrative order for support
was entered by default, unless the indictment or information
specifically alleges that the person has knowledge of the existence
of the order for support and that the person has the ability to pay
the support.
Section 15. Failure to support.
(a) A person commits the offense of failure to support when he
or she:
(1) willfully, without any lawful excuse refuses to provide
for the support or maintenance of his or her spouse, with the
knowledge that the spouse is in need of such support or
maintenance, or, without lawful excuse, deserts or willfully
refuses to provide for the support or maintenance of his or her
child or children under the age of 18 years, in need of support
or maintenance and the person has the ability to provide the
support; or
(2) willfully fails to pay a support obligation required
under a court or administrative order for support, if the
obligation has remained unpaid for a period longer than 6 months,
or is in arrears in an amount greater than $5,000, and the person
has the ability to provide the support; or
(3) leaves the State with the intent to evade a support
obligation required under a court or administrative order for
support, if the obligation, regardless of when it accrued, has
remained unpaid for a period longer than 6 months, or is in
arrears in an amount greater than $10,000; or
4092 JOURNAL OF THE [May 12, 1999]
(4) willfully fails to pay a support obligation required
under a court or administrative order for support, if the
obligation has remained unpaid for a period longer than one year,
or is in arrears in an amount greater than $25,000, and the
person has the ability to provide the support.
(a-5) Presumption of ability to pay support. The existence of a
court or administrative order of support that was not based on a
default judgment and was in effect for the time period charged in the
indictment or information creates a rebuttable presumption that the
obligor has the ability to pay the support obligation for that time
period.
(b) Sentence. A person convicted of a first offense under
subdivision (a)(1) or (a)(2) is guilty of a Class A misdemeanor. A
person convicted of an offense under subdivision (a)(3) or (a)(4) or
a second or subsequent offense under subdivision (a)(1) or (a)(2) is
guilty of a Class 4 felony.
(c) Expungement. A person convicted of a first offense under
subdivision (a)(1) or (a)(2) who is eligible for the Earnfare
program, shall, in lieu of the sentence prescribed in subsection (b),
be referred to the Earnfare program. Upon certification of
completion of the Earnfare program, the conviction shall be expunged.
If the person fails to successfully complete the Earnfare program, he
or she shall be sentenced in accordance with subsection (b).
(d) Fine. Sentences of imprisonment and fines for offenses
committed under this Act shall be as provided under Articles 8 and 9
of Chapter V of the Unified Code of Corrections, except that the
court shall order restitution of all unpaid support payments and may
impose the following fines, alone, or in addition to a sentence of
imprisonment under the following circumstances:
(1) from $1,000 to $5,000 if the support obligation has
remained unpaid for a period longer than 2 years, or is in
arrears in an amount greater than $1,000 and not exceeding
$10,000;
(2) from $5,000 to $10,000 if the support obligation has
remained unpaid for a period longer than 5 years, or is in
arrears in an amount greater than $10,000 and not exceeding
$20,000; or
(3) from $10,000 to $25,000 if the support obligation has
remained unpaid for a period longer than 8 years, or is in
arrears in an amount greater than $20,000.
Restitution shall be ordered in an amount equal to the total
unpaid support obligation as it existed at the time of sentencing.
Any amounts paid by the obligor shall be allocated first to current
support and then to restitution ordered and then to fines imposed
under this Section.
Section 20. Entry of order for support; income withholding.
(a) In a case in which no court or administrative order for
support is in effect against the defendant:
(1) at any time before the trial, upon motion of the State's
Attorney, or of the Attorney General if the action has been
instituted by his office, and upon notice to the defendant, or at
the time of arraignment or as a condition of postponement of
arraignment, the court may enter such temporary order for support
as may seem just, providing for the support or maintenance of the
spouse or child or children of the defendant, or both, pendente
lite; or
(2) before trial with the consent of the defendant, or at
the trial on entry of a plea of guilty, or after conviction,
instead of imposing the penalty provided in this Act, or in
addition thereto, the court may enter an order for support,
subject to modification by the court from time to time as
HOUSE OF REPRESENTATIVES 4093
circumstances may require, directing the defendant to pay a
certain sum for maintenance of the spouse, or for support of the
child or children, or both.
(b) The court shall determine the amount of child support by
using the guidelines and standards set forth in subsection (a) of
Section 505 and in Section 505.2 of the Illinois Marriage and
Dissolution of Marriage Act.
If (i) the non-custodial parent was properly served with a
request for discovery of financial information relating to the
non-custodial parent's ability to provide child support, (ii) the
non-custodial parent failed to comply with the request, despite
having been ordered to do so by the court, and (iii) the
non-custodial parent is not present at the hearing to determine
support despite having received proper notice, then any relevant
financial information concerning the non-custodial parent's ability
to provide child support that was obtained pursuant to subpoena and
proper notice shall be admitted into evidence without the need to
establish any further foundation for its admission.
(c) The court shall determine the amount of maintenance using the
standards set forth in Section 504 of the Illinois Marriage and
Dissolution of Marriage Act.
(d) The court may, for violation of any order under this Section,
punish the offender as for a contempt of court, but no pendente lite
order shall remain in effect longer than 4 months, or after the
discharge of any panel of jurors summoned for service thereafter in
such court, whichever is sooner.
(e) Any order for support entered by the court under this Section
shall be deemed to be a series of judgments against the person
obligated to pay support under the judgments, each such judgment to
be in the amount of each payment or installment of support and each
judgment to be deemed entered as of the date the corresponding
payment or installment becomes due under the terms of the support
order. Each judgment shall have the full force, effect, and
attributes of any other judgment of this State, including the ability
to be enforced. Each judgment is subject to modification or
termination only in accordance with Section 510 of the Illinois
Marriage and Dissolution of Marriage Act. A lien arises by operation
of law against the real and personal property of the noncustodial
parent for each installment of overdue support owed by the
noncustodial parent.
(f) An order for support entered under this Section shall include
a provision requiring the obligor to report to the obligee and to the
clerk of the court within 10 days each time the obligor obtains new
employment, and each time the obligor's employment is terminated for
any reason. The report shall be in writing and shall, in the case of
new employment, include the name and address of the new employer.
Failure to report new employment or the termination of current
employment, if coupled with nonpayment of support for a period in
excess of 60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment, bond shall be set in
the amount of the child support that should have been paid during the
period of unreported employment.
An order for support entered under this Section shall also
include a provision requiring the obligor and obligee parents to
advise each other of a change in residence within 5 days of the
change except when the court finds that the physical, mental, or
emotional health of a party or of a minor child, or both, would be
seriously endangered by disclosure of the party's address.
(g) An order for support entered or modified in a case in which a
party is receiving child and spouse support services under Article X
of the Illinois Public Aid Code shall include a provision requiring
4094 JOURNAL OF THE [May 12, 1999]
the noncustodial parent to notify the Illinois Department of Public
Aid, within 7 days, of the name and address of any new employer of
the noncustodial parent, whether the noncustodial parent has access
to health insurance coverage through the employer or other group
coverage and, if so, the policy name and number and the names of
persons covered under the policy.
(h) In any subsequent action to enforce an order for support
entered under this Act, upon sufficient showing that diligent effort
has been made to ascertain the location of the noncustodial parent,
service of process or provision of notice necessary in that action
may be made at the last known address of the noncustodial parent, in
any manner expressly provided by the Code of Civil Procedure or in
this Act, which service shall be sufficient for purposes of due
process.
(i) An order for support shall include a date on which the
current support obligation terminates. The termination date shall be
no earlier than the date on which the child covered by the order will
attain the age of majority or is otherwise emancipated. The order for
support shall state that the termination date does not apply to any
arrearage that may remain unpaid on that date. Nothing in this
subsection shall be construed to prevent the court from modifying the
order.
Section 22. Withholding of income to secure payment of support.
An order for support entered or modified under this Act is subject to
the Income Withholding for Support Act.
Section 25. Payment of support to State Disbursement Unit; clerk
of the court.
(a) As used in this Section, "order for support", "obligor",
"obligee", and "payor" mean those terms as defined in the Income
Withholding for Support Act.
(b) Each order for support entered or modified under Section 20
of this Act shall require that support payments be made to the State
Disbursement Unit established under the Illinois Public Aid Code,
under the following circumstances:
(1) when a party to the order is receiving child and spouse
support services under Article X of the Illinois Public Aid Code;
or
(2) when no party to the order is receiving child and spouse
support services, but the support payments are made through
income withholding.
(c) When no party to the order is receiving child and spouse
support services, and payments are not being made through income
withholding, the court shall order the obligor to make support
payments to the clerk of the court.
(d) In the case of an order for support entered by the court
under this Act before a party commenced receipt of child and spouse
support services, upon receipt of these services by a party the
Illinois Department of Public Aid shall provide notice to the obligor
to send any support payments he or she makes personally to the State
Disbursement Unit until further direction of the Department. The
Department shall provide a copy of the notice to the obligee and to
the clerk of the court. An obligor who fails to comply with a notice
provided by the Department under this Section is guilty of a Class B
misdemeanor.
(e) If a State Disbursement Unit as specified by federal law has
not been created in Illinois upon the effective date of this Act,
then, until the creation of a State Disbursement Unit as specified by
federal law, the following provisions regarding payment and
disbursement of support payments shall control and the provisions in
subsections (a), (b), (c), and (d) shall be inoperative. Upon the
creation of a State Disbursement Unit as specified by federal law,
HOUSE OF REPRESENTATIVES 4095
this subsection (e) shall be inoperative and the payment and
disbursement provisions of subsections (a), (b), (c), and (d) shall
control.
(1) In cases in which an order for support is entered under
Section 20 of this Act, the court shall order that maintenance
and support payments be made to the clerk of the court for
remittance to the person or agency entitled to receive the
payments. However, the court in its discretion may direct
otherwise where exceptional circumstances so warrant.
(2) The court shall direct that support payments be sent by
the clerk to (i) the Illinois Department of Public Aid if the
person in whose behalf payments are made is receiving aid under
Articles III, IV, or V of the Illinois Public Aid Code, or child
and spouse support services under Article X of the Code, or (ii)
to the local governmental unit responsible for the support of the
person if he or she is a recipient under Article VI of the Code.
In accordance with federal law and regulations, the Illinois
Department of Public Aid may continue to collect current
maintenance payments or child support payments, or both, after
those persons cease to receive public assistance and until
termination of services under Article X of the Illinois Public
Aid Code. The Illinois Department shall pay the net amount
collected to those persons after deducting any costs incurred in
making the collection or any collection fee from the amount of
any recovery made. The order shall permit the Illinois
Department of Public Aid or the local governmental unit, as the
case may be, to direct that support payments be made directly to
the spouse, children, or both, or to some person or agency in
their behalf, upon removal of the spouse or children from the
public aid rolls or upon termination of services under Article X
of the Illinois Public Aid Code; and upon such direction, the
Illinois Department or the local governmental unit, as the case
requires, shall give notice of such action to the court in
writing or by electronic transmission.
(3) The clerk of the court shall establish and maintain
current records of all moneys received and disbursed and of
delinquencies and defaults in required payments. The court, by
order or rule, shall make provision for the carrying out of these
duties.
(4) Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to the
clerk of the court that a person who is receiving support
payments under this Section is receiving services under the Child
Support Enforcement Program established by Title IV-D of the
Social Security Act, any support payments subsequently received
by the clerk of the court shall be transmitted in accordance with
the instructions of the Illinois Department of Public Aid until
the Department gives notice to cease the transmittal. After
providing the notification authorized under this paragraph, the
Illinois Department of Public Aid shall be a party and entitled
to notice of any further proceedings in the case. The clerk of
the court shall file a copy of the Illinois Department of Public
Aid's notification in the court file. The failure of the clerk
to file a copy of the notification in the court file shall not,
however, affect the Illinois Department of Public Aid's rights as
a party or its right to receive notice of further proceedings.
(5) Payments under this Section to the Illinois Department
of Public Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
paid into the Child Support Enforcement Trust Fund. All other
payments under this Section to the Illinois Department of Public
4096 JOURNAL OF THE [May 12, 1999]
Aid shall be deposited in the Public Assistance Recoveries Trust
Fund. Disbursements from these funds shall be as provided in the
Illinois Public Aid Code. Payments received by a local
governmental unit shall be deposited in that unit's General
Assistance Fund.
(6) For those cases in which child support is payable to the
clerk of the circuit court for transmittal to the Illinois
Department of Public Aid by order of court or upon notification
by the Illinois Department of Public Aid, the clerk shall
transmit all such payments, within 4 working days of receipt, to
insure that funds are available for immediate distribution by the
Department to the person or entity entitled thereto in accordance
with standards of the Child Support Enforcement Program
established under Title IV-D of the Social Security Act. The
clerk shall notify the Department of the date of receipt and
amount thereof at the time of transmittal. Where the clerk has
entered into an agreement of cooperation with the Department to
record the terms of child support orders and payments made
thereunder directly into the Department's automated data
processing system, the clerk shall account for, transmit and
otherwise distribute child support payments in accordance with
such agreement in lieu of the requirements contained herein.
Section 30. Information to State Case Registry.
(a) When an order for support is entered or modified under
Section 20 of this Act, the clerk of the court shall, within 5
business days, provide to the State Case Registry established under
Section 10-27 of the Illinois Public Aid Code the court docket number
and county in which the order is entered or modified and the
following information, which the parents involved in the case shall
disclose to the court:
(1) the names of the custodial and noncustodial parents and
of the child or children covered by the order;
(2) the dates of birth of the custodial and noncustodial
parents and of the child or children covered by the order;
(3) the social security numbers of the custodial and
noncustodial parents and, if available, of the child or children
covered by the order;
(4) the residential and mailing address for the custodial
and noncustodial parents;
(5) the telephone numbers for the custodial and noncustodial
parents;
(6) the driver's license numbers for the custodial and
noncustodial parents; and
(7) the name, address, and telephone number of each parent's
employer or employers.
(b) When an order for support is entered or modified under
Section 20 in a case in which a party is receiving child and spouse
support services under Article X of the Illinois Public Aid Code, the
clerk shall provide the State Case Registry with the following
information within 5 business days:
(1) the information specified in subsection (a);
(2) the amount of monthly or other periodic support owed
under the order and other amounts, including arrearages,
interest, or late payment penalties and fees, due or overdue
under the order;
(3) any amounts described in subdivision (2) of this
subsection (b) that have been received by the clerk; and
(4) the distribution of the amounts received by the clerk.
(c) To the extent that updated information is in the clerk's
possession, the clerk shall provide updates of the information
specified in subsection (b) within 5 business days after the Illinois
HOUSE OF REPRESENTATIVES 4097
Department of Public Aid's request for that updated information.
Section 35. Fine; release of defendant on probation; violation of
order for support; forfeiture of recognizance.
(a) Whenever a fine is imposed it may be directed by the court to
be paid, in whole or in part, to the spouse, ex-spouse, or if the
support of a child or children is involved, to the custodial parent,
to the clerk, probation officer, or to the Illinois Department of
Public Aid if a recipient of child and spouse support services under
Article X of the Illinois Public Aid Code is involved as the case
requires, to be disbursed by such officers or agency under the terms
of the order.
(b) The court may also relieve the defendant from custody on
probation for the period fixed in the order or judgment upon his or
her entering into a recognizance, with or without surety, in the sum
as the court orders and approves. The condition of the recognizance
shall be such that if the defendant makes his or her personal
appearance in court whenever ordered to do so by the court, during
such period as may be so fixed, and further complies with the terms
of the order for support, or any subsequent modification of the
order, then the recognizance shall be void; otherwise it will remain
in full force and effect.
(c) If the court is satisfied by testimony in open court, that at
any time during the period of one year the defendant has violated the
terms of the order for support, it may proceed with the trial of the
defendant under the original charge, or sentence him or her under the
original conviction, or enforce the suspended sentence, as the case
may be. In case of forfeiture of recognizance, and enforcement of
recognizance by execution, the sum so recovered may, in the
discretion of the court, be paid, in whole or in part, to the spouse,
ex-spouse, or if the support of a child or children is involved, to
the custodial parent, to the clerk, or to the Illinois Department of
Public Aid if a recipient of child and spouse support services under
Article X of the Illinois Public Aid Code is involved as the case
requires, to be disbursed by the clerk or the Department under the
terms of the order.
Section 40. Evidence. No other or greater evidence shall be
required to prove the marriage of a husband and wife, or that the
defendant is the father or mother of the child or children than is or
shall be required to prove that fact in a civil action.
Section 45. Husband or wife as competent witness. In no
prosecution under this Act shall any existing statute or rule of law
prohibiting the disclosure of confidential communications between
husband and wife apply. And both husband and wife shall be competent
witnesses to testify to any and all relevant matters, including the
fact of such marriage and of the parentage of such child or children,
provided that neither shall be compelled to give evidence
incriminating himself or herself.
Section 50. Community service; work alternative program.
(a) In addition to any other penalties imposed against an
offender under this Act, the court may order the offender to perform
community service for not less than 30 and not more than 120 hours
per month, if community service is available in the jurisdiction and
is funded and approved by the county board of the county where the
offense was committed. In addition, whenever any person is placed on
supervision for committing an offense under this Act, the supervision
shall be conditioned on the performance of the community service.
(b) In addition to any other penalties imposed against an
offender under this Act, the court may sentence the offender to
service in a work alternative program administered by the sheriff.
The conditions of the program are that the offender obtain or retain
employment and participate in a work alternative program administered
4098 JOURNAL OF THE [May 12, 1999]
by the sheriff during non-working hours. A person may not be
required to participate in a work alternative program under this
subsection if the person is currently participating in a work program
pursuant to another provision of this Act, Section 10-11.1 of the
Illinois Public Aid Code, Section 505.1 of the Illinois Marriage and
Dissolution of Marriage Act, or Section 15.1 of the Illinois
Parentage Act of 1984.
(c) In addition to any other penalties imposed against an
offender under this Act, the court may order, in cases where the
offender has been in violation of this Act for 90 days or more, that
the offender's Illinois driving privileges be suspended until the
court determines that the offender is in compliance with this Act.
The court may determine that the offender is in compliance with
this Act if the offender has agreed (i) to pay all required amounts
of support and maintenance as determined by the court or (ii) to the
garnishment of his or her income for the purpose of paying those
amounts.
The court may also order that the offender be issued a family
financial responsibility driving permit that would allow limited
driving privileges for employment and medical purposes in accordance
with Section 7-702.1 of the Illinois Vehicle Code. The clerk of the
circuit court shall certify the order suspending the driving
privileges of the offender or granting the issuance of a family
financial responsibility driving permit to the Secretary of State on
forms prescribed by the Secretary. Upon receipt of the authenticated
documents, the Secretary of State shall suspend the offender's
driving privileges until further order of the court and shall, if
ordered by the court, subject to the provisions of Section 7-702.1 of
the Illinois Vehicle Code, issue a family financial responsibility
driving permit to the offender.
(d) If the court determines that the offender has been in
violation of this Act for more than 60 days, the court may determine
whether the offender has applied for or been issued a professional
license by the Department of Professional Regulation or another
licensing agency. If the court determines that the offender has
applied for or been issued such a license, the court may certify to
the Department of Professional Regulation or other licensing agency
that the offender has been in violation of this Act for more than 60
days so that the Department or other agency may take appropriate
steps with respect to the license or application as provided in
Section 10-65 of the Illinois Administrative Procedure Act and
Section 60 of the Civil Administrative Code of Illinois. The court
may take the actions required under this subsection in addition to
imposing any other penalty authorized under this Act.
Section 55. Offenses; how construed. It is hereby expressly
declared that the offenses set forth in this Act shall be construed
to be continuing offenses.
Section 60. Unemployed persons owing duty of support.
(a) Whenever it is determined in a proceeding to establish or
enforce a child support or maintenance obligation that the person
owing a duty of support is unemployed, the court may order the person
to seek employment and report periodically to the court with a diary,
listing or other memorandum of his or her efforts in accordance with
such order. Additionally, the court may order the unemployed person
to report to the Department of Employment Security for job search
services or to make application with the local Jobs Training
Partnership Act provider for participation in job search, training,
or work programs and where the duty of support is owed to a child
receiving support services under Article X of the Illinois Public Aid
Code the court may order the unemployed person to report to the
Illinois Department of Public Aid for participation in job search,
HOUSE OF REPRESENTATIVES 4099
training, or work programs established under Section 9-6 and Article
IXA of that Code.
(b) Whenever it is determined that a person owes past due support
for a child or for a child and the parent with whom the child is
living, and the child is receiving assistance under the Illinois
Public Aid Code, the court shall order at the request of the Illinois
Department of Public Aid:
(1) that the person pay the past-due support in accordance
with a plan approved by the court; or
(2) if the person owing past-due support is unemployed, is
subject to such a plan, and is not incapacitated, that the person
participate in such job search, training, or work programs
established under Section 9-6 and Article IXA of the Illinois
Public Aid Code as the court deems appropriate.
Section 65. Order of protection; status. Whenever relief sought
under this Act is based on allegations of domestic violence, as
defined in the Illinois Domestic Violence Act of 1986, the court,
before granting relief, shall determine whether any order of
protection has previously been entered in the instant proceeding or
any other proceeding in which any party, or a child of any party, or
both, if relevant, has been designated as either a respondent or a
protected person.
Section 70. Severability. If any provision of this Act or its
application to any person or circumstance is held invalid, the
invalidity of that provision or application does not affect other
provisions or applications of this Act that can be given effect
without the invalid provision or application.
Section 905. The Illinois Administrative Procedure Act is
amended by changing Section 10-65 as follows:
(5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
Sec. 10-65. Licenses.
(a) When any licensing is required by law to be preceded by
notice and an opportunity for a hearing, the provisions of this Act
concerning contested cases shall apply.
(b) When a licensee has made timely and sufficient application
for the renewal of a license or a new license with reference to any
activity of a continuing nature, the existing license shall continue
in full force and effect until the final agency decision on the
application has been made unless a later date is fixed by order of a
reviewing court.
(c) An application for the renewal of a license or a new license
shall include the applicant's social security number. Each agency
shall require the licensee to certify on the application form, under
penalty of perjury, that he or she is not more than 30 days
delinquent in complying with a child support order. Every
application shall state that failure to so certify shall result in
disciplinary action, and that making a false statement may subject
the licensee to contempt of court. The agency shall notify each
applicant or licensee who acknowledges a delinquency or who, contrary
to his or her certification, is found to be delinquent or who after
receiving notice, fails to comply with a subpoena or warrant relating
to a paternity or a child support proceeding, that the agency intends
to take disciplinary action. Accordingly, the agency shall provide
written notice of the facts or conduct upon which the agency will
rely to support its proposed action and the applicant or licensee
shall be given an opportunity for a hearing in accordance with the
provisions of the Act concerning contested cases. Any delinquency in
complying with a child support order can be remedied by arranging for
payment of past due and current support. Any failure to comply with
a subpoena or warrant relating to a paternity or child support
proceeding can be remedied by complying with the subpoena or warrant.
4100 JOURNAL OF THE [May 12, 1999]
Upon a final finding of delinquency or failure to comply with a
subpoena or warrant, the agency shall suspend, revoke, or refuse to
issue or renew the license. In cases in which the Department of
Public Aid has previously determined that an applicant or a licensee
is more than 30 days delinquent in the payment of child support and
has subsequently certified the delinquency to the licensing agency,
and in cases in which a court has previously determined that an
applicant or licensee has been in violation of the Non-Support
Punishment Act for more than 60 days, the licensing agency shall
refuse to issue or renew or shall revoke or suspend that person's
license based solely upon the certification of delinquency made by
the Department of Public Aid or the certification of violation made
by the court. Further process, hearings, or redetermination of the
delinquency or violation by the licensing agency shall not be
required. The licensing agency may issue or renew a license if the
licensee has arranged for payment of past and current child support
obligations in a manner satisfactory to the Department of Public Aid
or the court. The licensing agency may impose conditions,
restrictions, or disciplinary action upon that license.
(d) Except as provided in subsection (c), no agency shall
revoke, suspend, annul, withdraw, amend materially, or refuse to
renew any valid license without first giving written notice to the
licensee of the facts or conduct upon which the agency will rely to
support its proposed action and an opportunity for a hearing in
accordance with the provisions of this Act concerning contested
cases. At the hearing, the licensee shall have the right to show
compliance with all lawful requirements for the retention,
continuation, or renewal of the license. If, however, the agency
finds that the public interest, safety, or welfare imperatively
requires emergency action, and if the agency incorporates a finding
to that effect in its order, summary suspension of a license may be
ordered pending proceedings for revocation or other action. Those
proceedings shall be promptly instituted and determined.
(e) Any application for renewal of a license that contains
required and relevant information, data, material, or circumstances
that were not contained in an application for the existing license
shall be subject to the provisions of subsection (a).
Section 910. The Civil Administrative Code of Illinois is
amended by changing Section 43a.14 as follows:
(20 ILCS 1005/43a.14)
Sec. 43a.14. Exchange of information for child support
enforcement.
(a) To exchange with the Illinois Department of Public Aid
information that may be necessary for the enforcement of child
support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate
Family Support Act, or the Illinois Parentage Act of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Department of Employment Security shall not be liable to any
person for any disclosure of information to the Illinois Department
of Public Aid under subsection (a) or for any other action taken in
good faith to comply with the requirements of subsection (a).
(Source: P.A. 90-18, eff. 7-1-97.)
Section 915. The Civil Administrative Code of Illinois is
amended by changing Section 60 as follows:
(20 ILCS 2105/60) (from Ch. 127, par. 60)
Sec. 60. Powers and duties. The Department of Professional
Regulation shall have, subject to the provisions of this Act, the
following powers and duties:
HOUSE OF REPRESENTATIVES 4101
1. To authorize examinations in English to ascertain the
qualifications and fitness of applicants to exercise the profession,
trade, or occupation for which the examination is held.
2. To prescribe rules and regulations for a fair and wholly
impartial method of examination of candidates to exercise the
respective professions, trades, or occupations.
3. To pass upon the qualifications of applicants for licenses,
certificates, and authorities, whether by examination, by
reciprocity, or by endorsement.
4. To prescribe rules and regulations defining, for the
respective professions, trades, and occupations, what shall
constitute a school, college, or university, or department of a
university, or other institutions, reputable and in good standing and
to determine the reputability and good standing of a school, college,
or university, or department of a university, or other institution,
reputable and in good standing by reference to a compliance with such
rules and regulations: provided, that no school, college, or
university, or department of a university or other institution that
refuses admittance to applicants solely on account of race, color,
creed, sex, or national origin shall be considered reputable and in
good standing.
5. To conduct hearings on proceedings to revoke, suspend, refuse
to renew, place on probationary status, or take other disciplinary
action as may be authorized in any licensing Act administered by the
Department with regard to licenses, certificates, or authorities of
persons exercising the respective professions, trades, or
occupations, and to revoke, suspend, refuse to renew, place on
probationary status, or take other disciplinary action as may be
authorized in any licensing Act administered by the Department with
regard to such licenses, certificates, or authorities. The
Department shall issue a monthly disciplinary report. The Department
shall deny any license or renewal authorized by this Act to any
person who has defaulted on an educational loan or scholarship
provided by or guaranteed by the Illinois Student Assistance
Commission or any governmental agency of this State; however, the
Department may issue a license or renewal if the aforementioned
persons have established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission or other
appropriate governmental agency of this State. Additionally,
beginning June 1, 1996, any license issued by the Department may be
suspended or revoked if the Department, after the opportunity for a
hearing under the appropriate licensing Act, finds that the licensee
has failed to make satisfactory repayment to the Illinois Student
Assistance Commission for a delinquent or defaulted loan. For the
purposes of this Section, "satisfactory repayment record" shall be
defined by rule. The Department shall refuse to issue or renew a
license to, or shall suspend or revoke a license of, any person who,
after receiving notice, fails to comply with a subpoena or warrant
relating to a paternity or child support proceeding. However, the
Department may issue a license or renewal upon compliance with the
subpoena or warrant.
The Department, without further process or hearings, shall
revoke, suspend, or deny any license or renewal authorized by this
Act to a person who is certified by the Illinois Department of Public
Aid as being more than 30 days delinquent in complying with a child
support order or who is certified by a court as being in violation of
the Non-Support of Punishment Act for more than 60 days; the
Department may, however, issue a license or renewal if the person has
established a satisfactory repayment record as determined by the
Illinois Department of Public Aid or if the person is determined by
the court to be in compliance with the Non-Support Punishment Act.
4102 JOURNAL OF THE [May 12, 1999]
The Department may implement this paragraph as added by Public Act
89-6 through the use of emergency rules in accordance with Section
5-45 of the Illinois Administrative Procedure Act. For purposes of
the Illinois Administrative Procedure Act, the adoption of rules to
implement this paragraph shall be considered an emergency and
necessary for the public interest, safety, and welfare.
6. To transfer jurisdiction of any realty under the control of
the Department to any other Department of the State Government, or to
acquire or accept Federal lands, when such transfer, acquisition or
acceptance is advantageous to the State and is approved in writing by
the Governor.
7. To formulate rules and regulations as may be necessary for
the enforcement of any act administered by the Department.
8. To exchange with the Illinois Department of Public Aid
information that may be necessary for the enforcement of child
support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate
Family Support Act, or the Illinois Parentage Act of 1984.
Notwithstanding any provisions in this Code to the contrary, the
Department of Professional Regulation shall not be liable under any
federal or State law to any person for any disclosure of information
to the Illinois Department of Public Aid under this paragraph 8 or
for any other action taken in good faith to comply with the
requirements of this paragraph 8.
9. To perform such other duties as may be prescribed by law.
The Department may, when a fee is payable to the Department for a
wall certificate of registration provided by the Department of
Central Management Services, require that portion of the payment for
printing and distribution costs be made directly or through the
Department, to the Department of Central Management Services for
deposit in the Paper and Printing Revolving Fund, the remainder shall
be deposited in the General Revenue Fund.
For the purpose of securing and preparing evidence, and for the
purchase of controlled substances, professional services, and
equipment necessary for enforcement activities, recoupment of
investigative costs and other activities directed at suppressing the
misuse and abuse of controlled substances, including those activities
set forth in Sections 504 and 508 of the Illinois Controlled
Substances Act, the Director and agents appointed and authorized by
the Director may expend such sums from the Professional Regulation
Evidence Fund as the Director deems necessary from the amounts
appropriated for that purpose and such sums may be advanced to the
agent when the Director deems such procedure to be in the public
interest. Sums for the purchase of controlled substances,
professional services, and equipment necessary for enforcement
activities and other activities as set forth in this Section shall be
advanced to the agent who is to make such purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and such agents are authorized to maintain
one or more commercial checking accounts with any State banking
corporation or corporations organized under or subject to the
Illinois Banking Act for the deposit and withdrawal of moneys to be
used for the purposes set forth in this Section; provided, that no
check may be written nor any withdrawal made from any such account
except upon the written signatures of 2 persons designated by the
Director to write such checks and make such withdrawals. Vouchers
for such expenditures must be signed by the Director and all such
expenditures shall be audited by the Director and the audit shall be
submitted to the Department of Central Management Services for
HOUSE OF REPRESENTATIVES 4103
approval.
Whenever the Department is authorized or required by law to
consider some aspect of criminal history record information for the
purpose of carrying out its statutory powers and responsibilities,
then, upon request and payment of fees in conformance with the
requirements of subsection 22 of Section 55a of the Civil
Administrative Code of Illinois, the Department of State Police is
authorized to furnish, pursuant to positive identification, such
information contained in State files as is necessary to fulfill the
request.
The provisions of this Section do not apply to private business
and vocational schools as defined by Section 1 of the Private
Business and Vocational Schools Act.
Beginning July 1, 1995, this Section does not apply to those
professions, trades, and occupations licensed under the Real Estate
License Act of 1983 nor does it apply to any permits, certificates,
or other authorizations to do business provided for in the Land Sales
Registration Act of 1989 or the Illinois Real Estate Time-Share Act.
(Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237, eff.
8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18, eff.
7-1-97.)
Section 920. The Civil Administrative Code of Illinois is
amended by changing Section 39b12 as follows:
(20 ILCS 2505/39b12) (from Ch. 127, par. 39b12)
Sec. 39b12. Exchange of information.
(a) To exchange with any State, or local subdivisions thereof,
or with the federal government, except when specifically prohibited
by law, any information which may be necessary to efficient tax
administration and which may be acquired as a result of the
administration of the above laws.
(b) To exchange with the Illinois Department of Public Aid
information that may be necessary for the enforcement of child
support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate
Family Support Act, or the Illinois Parentage Act of 1984.
Notwithstanding any provisions in this Code to the contrary, the
Department of Revenue shall not be liable to any person for any
disclosure of information to the Illinois Department of Public Aid
under this subsection (b) or for any other action taken in good faith
to comply with the requirements of this subsection (b).
(Source: P.A. 90-18, eff. 7-1-97.)
Section 925. The Counties Code is amended by changing Section
3-5036.5 as follows:
(55 ILCS 5/3-5036.5)
Sec. 3-5036.5. Exchange of information for child support
enforcement.
(a) The Recorder shall exchange with the Illinois Department of
Public Aid information that may be necessary for the enforcement of
child support orders entered pursuant to the Illinois Public Aid
Code, the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois Parentage Act
of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Recorder shall not be liable to any person for any disclosure of
information to the Illinois Department of Public Aid under subsection
(a) or for any other action taken in good faith to comply with the
requirements of subsection (a).
4104 JOURNAL OF THE [May 12, 1999]
(Source: P.A. 90-18, eff. 7-1-97.)
Section 930. The Collection Agency Act is amended by changing
Section 2.04 as follows:
(225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
Sec. 2.04. Child support indebtedness.
(a) Persons, associations, partnerships, or corporations engaged
in the business of collecting child support indebtedness owing under
a court order as provided under the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Illinois
Parentage Act of 1984, or similar laws of other states are not
restricted (i) in the frequency of contact with an obligor who is in
arrears, whether by phone, mail, or other means, (ii) from contacting
the employer of an obligor who is in arrears, (iii) from publishing
or threatening to publish a list of obligors in arrears, (iv) from
disclosing or threatening to disclose an arrearage that the obligor
disputes, but for which a verified notice of delinquency has been
served under the Income Withholding for Support Act (or any of its
predecessors, Section 10-16.2 of the Illinois Public Aid Code,
Section 706.1 of the Illinois Marriage and Dissolution of Marriage
Act, Section 4.1 of the Non-Support of Spouse and Children Act,
Section 26.1 of the Revised Uniform Reciprocal Enforcement of Support
Act, or Section 20 of the Illinois Parentage Act of 1984), or (v)
from engaging in conduct that would not cause a reasonable person
mental or physical illness. For purposes of this subsection,
"obligor" means an individual who owes a duty to make periodic
payments, under a court order, for the support of a child.
"Arrearage" means the total amount of an obligor's unpaid child
support obligations.
(b) The Department shall adopt rules necessary to administer and
enforce the provisions of this Section.
(Source: P.A. 90-673, eff. 1-1-99.)
Section 935. The Illinois Public Aid Code is amended by changing
Sections 10-3.1, 10-10, 10-17, 10-19, 10-25, 10-25.5, and 12-4.7c and
by adding Sections 4-1.6b and 12-12.1 as follows:
(305 ILCS 5/4-1.6b new)
Sec. 4-1.6b. Child Support Pays Program.
(a) There is created the Child Support Pays Program under which
the Department shall pay to families receiving cash assistance under
this Article who have earned income an amount equal to whichever of
the following is greater: (1) two-thirds of the current monthly child
support collected on behalf of the members of the assistance unit; or
(2) the amount of current monthly child support collected on behalf
of the members of the assistance unit required to be paid to the
family pursuant to administrative rule. The child support passed
through to a family pursuant to this Section shall not affect the
family's eligibility for assistance or decrease any amount otherwise
payable as assistance to the family under this Article until the
family's gross income from employment, non-exempt unearned income,
and the gross current monthly child support collected on the family's
behalf equals or exceeds 3 times the payment level for the assistance
unit, at which point cash assistance to the family may be terminated.
(b) In consultation with the Child Support Advisory Committee,
the Department shall conduct an evaluation of the Child Support Pays
Program by December 31, 2003. The evaluation shall include but not
be limited to:
(1) the amount of child support collections on behalf of
children of TANF recipients who have earned income compared with
TANF recipients who do not have earned income;
(2) the regularity of child support payments made on behalf
of children of TANF recipients who have earned income, both with
HOUSE OF REPRESENTATIVES 4105
respect to newly established child support orders and existing
orders; and
(3) the number of parentage establishments for children of
TANF recipients who have earned income.
In order to be able to evaluate the Child Support Pays Program, the
Department shall conduct an outreach program to publicize the
availability of the Program to TANF recipients.
(305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
Sec. 10-3.1. Child and Spouse Support Unit. The Illinois
Department shall establish within its administrative staff a Child
and Spouse Support Unit to search for and locate absent parents and
spouses liable for the support of persons resident in this State and
to exercise the support enforcement powers and responsibilities
assigned the Department by this Article. The unit shall cooperate
with all law enforcement officials in this State and with the
authorities of other States in locating persons responsible for the
support of persons resident in other States and shall invite the
cooperation of these authorities in the performance of its duties.
In addition to other duties assigned the Child and Spouse Support
Unit by this Article, the Unit may refer to the Attorney General or
units of local government with the approval of the Attorney General,
any actions under Sections 10-10 and 10-15 for judicial enforcement
of the support liability. The Child and Spouse Support Unit shall
act for the Department in referring to the Attorney General support
matters requiring judicial enforcement under other laws. If
requested by the Attorney General to so act, as provided in Section
12-16, attorneys of the Unit may assist the Attorney General or
themselves institute actions in behalf of the Illinois Department
under the Revised Uniform Reciprocal Enforcement of Support Act;
under the Illinois Parentage Act of 1984; under the Non-Support of
Spouse and Children Act; under the Non-Support Punishment Act; or
under any other law, State or Federal, providing for support of a
spouse or dependent child.
The Illinois Department shall also have the authority to enter
into agreements with local governmental units or individuals, with
the approval of the Attorney General, for the collection of moneys
owing because of the failure of a parent to make child support
payments for any child receiving services under this Article. Such
agreements may be on a contingent fee basis, but such contingent fee
shall not exceed 25% of the total amount collected.
An attorney who provides representation pursuant to this Section
shall represent the Illinois Department exclusively. Regardless of
the designation of the plaintiff in an action brought pursuant to
this Section, an attorney-client relationship does not exist for
purposes of that action between that attorney and (i) an applicant
for or recipient of child and spouse support services or (ii) any
other party to the action other than the Illinois Department.
Nothing in this Section shall be construed to modify any power or
duty (including a duty to maintain confidentiality) of the Child and
Spouse Support Unit or the Illinois Department otherwise provided by
law.
The Illinois Department may also enter into agreements with local
governmental units for the Child and Spouse Support Unit to exercise
the investigative and enforcement powers designated in this Article,
including the issuance of administrative orders under Section 10-11,
in locating responsible relatives and obtaining support for persons
applying for or receiving aid under Article VI. Payments for
defrayment of administrative costs and support payments obtained
shall be deposited into the Public Assistance Recoveries Trust Fund.
Support payments shall be paid over to the General Assistance Fund of
the local governmental unit at such time or times as the agreement
4106 JOURNAL OF THE [May 12, 1999]
may specify.
With respect to those cases in which it has support enforcement
powers and responsibilities under this Article, the Illinois
Department may provide by rule for periodic or other review of each
administrative and court order for support to determine whether a
modification of the order should be sought. The Illinois Department
shall provide for and conduct such review in accordance with any
applicable federal law and regulation.
As part of its process for review of orders for support, the
Illinois Department, through written notice, may require the
responsible relative to disclose his or her Social Security Number
and past and present information concerning the relative's address,
employment, gross wages, deductions from gross wages, net wages,
bonuses, commissions, number of dependent exemptions claimed,
individual and dependent health insurance coverage, and any other
information necessary to determine the relative's ability to provide
support in a case receiving child and spouse support services under
this Article X.
The Illinois Department may send a written request for the same
information to the relative's employer. The employer shall respond
to the request for information within 15 days after the date the
employer receives the request. If the employer willfully fails to
fully respond within the 15-day period, the employer shall pay a
penalty of $100 for each day that the response is not provided to the
Illinois Department after the 15-day period has expired. The penalty
may be collected in a civil action which may be brought against the
employer in favor of the Illinois Department.
A written request for information sent to an employer pursuant to
this Section shall consist of (i) a citation of this Section as the
statutory authority for the request and for the employer's obligation
to provide the requested information, (ii) a returnable form setting
forth the employer's name and address and listing the name of the
employee with respect to whom information is requested, and (iii) a
citation of this Section as the statutory authority authorizing the
employer to withhold a fee of up to $20 from the wages or income to
be paid to each responsible relative for providing the information to
the Illinois Department within the 15-day period. If the employer is
withholding support payments from the responsible relative's income
pursuant to an order for withholding, the employer may withhold the
fee provided for in this Section only after withholding support as
required under the order. Any amounts withheld from the responsible
relative's income for payment of support and the fee provided for in
this Section shall not be in excess of the amounts permitted under
the federal Consumer Credit Protection Act.
In a case receiving child and spouse support services, the
Illinois Department may request and obtain information from a
particular employer under this Section no more than once in any
12-month period, unless the information is necessary to conduct a
review of a court or administrative order for support at the request
of the person receiving child and spouse support services.
The Illinois Department shall establish and maintain an
administrative unit to receive and transmit to the Child and Spouse
Support Unit information supplied by persons applying for or
receiving child and spouse support services under Section 10-1. In
addition, the Illinois Department shall address and respond to any
alleged deficiencies that persons receiving or applying for services
from the Child and Spouse Support Unit may identify concerning the
Child and Spouse Support Unit's provision of child and spouse support
services. Within 60 days after an action or failure to act by the
Child and Spouse Support Unit that affects his or her case, a
recipient of or applicant for child and spouse support services under
HOUSE OF REPRESENTATIVES 4107
Article X of this Code may request an explanation of the Unit's
handling of the case. At the requestor's option, the explanation may
be provided either orally in an interview, in writing, or both. If
the Illinois Department fails to respond to the request for an
explanation or fails to respond in a manner satisfactory to the
applicant or recipient within 30 days from the date of the request
for an explanation, the applicant or recipient may request a
conference for further review of the matter by the Office of the
Administrator of the Child and Spouse Support Unit. A request for a
conference may be submitted at any time within 60 days after the
explanation has been provided by the Child and Spouse Support Unit or
within 60 days after the time for providing the explanation has
expired.
The applicant or recipient may request a conference concerning
any decision denying or terminating child or spouse support services
under Article X of this Code, and the applicant or recipient may also
request a conference concerning the Unit's failure to provide
services or the provision of services in an amount or manner that is
considered inadequate. For purposes of this Section, the Child and
Spouse Support Unit includes all local governmental units or
individuals with whom the Illinois Department has contracted under
Section 10-3.1.
Upon receipt of a timely request for a conference, the Office of
the Administrator shall review the case. The applicant or recipient
requesting the conference shall be entitled, at his or her option, to
appear in person or to participate in the conference by telephone.
The applicant or recipient requesting the conference shall be
entitled to be represented and to be afforded a reasonable
opportunity to review the Illinois Department's file before or at the
conference. At the conference, the applicant or recipient requesting
the conference shall be afforded an opportunity to present all
relevant matters in support of his or her claim. Conferences shall
be without cost to the applicant or recipient requesting the
conference and shall be conducted by a representative of the Child or
Spouse Support Unit who did not participate in the action or inaction
being reviewed.
The Office of the Administrator shall conduct a conference and
inform all interested parties, in writing, of the results of the
conference within 60 days from the date of filing of the request for
a conference.
In addition to its other powers and responsibilities established
by this Article, the Child and Spouse Support Unit shall conduct an
annual assessment of each institution's program for institution based
paternity establishment under Section 12 of the Vital Records Act.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
Sec. 10-10. Court enforcement; applicability also to persons who
are not applicants or recipients. Except where the Illinois
Department, by agreement, acts for the local governmental unit, as
provided in Section 10-3.1, local governmental units shall refer to
the State's Attorney or to the proper legal representative of the
governmental unit, for judicial enforcement as herein provided,
instances of non-support or insufficient support when the dependents
are applicants or recipients under Article VI. The Child and Spouse
Support Unit established by Section 10-3.1 may institute in behalf of
the Illinois Department any actions under this Section for judicial
enforcement of the support liability when the dependents are (a)
applicants or recipients under Articles III, IV, V or VII (b)
applicants or recipients in a local governmental unit when the
Illinois Department, by agreement, acts for the unit; or (c)
non-applicants or non-recipients who are receiving support
4108 JOURNAL OF THE [May 12, 1999]
enforcement services under this Article X, as provided in Section
10-1. Where the Child and Spouse Support Unit has exercised its
option and discretion not to apply the provisions of Sections 10-3
through 10-8, the failure by the Unit to apply such provisions shall
not be a bar to bringing an action under this Section.
Action shall be brought in the circuit court to obtain support,
or for the recovery of aid granted during the period such support was
not provided, or both for the obtainment of support and the recovery
of the aid provided. Actions for the recovery of aid may be taken
separately or they may be consolidated with actions to obtain
support. Such actions may be brought in the name of the person or
persons requiring support, or may be brought in the name of the
Illinois Department or the local governmental unit, as the case
requires, in behalf of such persons.
The court may enter such orders for the payment of moneys for the
support of the person as may be just and equitable and may direct
payment thereof for such period or periods of time as the
circumstances require, including support for a period before the date
the order for support is entered. The order may be entered against
any or all of the defendant responsible relatives and may be based
upon the proportionate ability of each to contribute to the person's
support.
The Court shall determine the amount of child support (including
child support for a period before the date the order for child
support is entered) by using the guidelines and standards set forth
in subsection (a) of Section 505 and in Section 505.2 of the Illinois
Marriage and Dissolution of Marriage Act. For purposes of determining
the amount of child support to be paid for a period before the date
the order for child support is entered, there is a rebuttable
presumption that the responsible relative's net income for that
period was the same as his or her net income at the time the order is
entered.
If (i) the responsible relative was properly served with a
request for discovery of financial information relating to the
responsible relative's ability to provide child support, (ii) the
responsible relative failed to comply with the request, despite
having been ordered to do so by the court, and (iii) the responsible
relative is not present at the hearing to determine support despite
having received proper notice, then any relevant financial
information concerning the responsible relative's ability to provide
child support that was obtained pursuant to subpoena and proper
notice shall be admitted into evidence without the need to establish
any further foundation for its admission.
An order entered under this Section shall include a provision
requiring the obligor to report to the obligee and to the clerk of
court within 10 days each time the obligor obtains new employment,
and each time the obligor's employment is terminated for any reason.
The report shall be in writing and shall, in the case of new
employment, include the name and address of the new employer. Failure
to report new employment or the termination of current employment, if
coupled with nonpayment of support for a period in excess of 60 days,
is indirect criminal contempt. For any obligor arrested for failure
to report new employment bond shall be set in the amount of the child
support that should have been paid during the period of unreported
employment. An order entered under this Section shall also include a
provision requiring the obligor and obligee parents to advise each
other of a change in residence within 5 days of the change except
when the court finds that the physical, mental, or emotional health
of a party or that of a minor child, or both, would be seriously
endangered by disclosure of the party's address.
The Court shall determine the amount of maintenance using the
HOUSE OF REPRESENTATIVES 4109
standards set forth in Section 504 of the Illinois Marriage and
Dissolution of Marriage Act.
Any new or existing support order entered by the court under this
Section shall be deemed to be a series of judgments against the
person obligated to pay support thereunder, each such judgment to be
in the amount of each payment or installment of support and each such
judgment to be deemed entered as of the date the corresponding
payment or installment becomes due under the terms of the support
order. Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the ability
to be enforced. Any such judgment is subject to modification or
termination only in accordance with Section 510 of the Illinois
Marriage and Dissolution of Marriage Act. A lien arises by operation
of law against the real and personal property of the noncustodial
parent for each installment of overdue support owed by the
noncustodial parent.
When an order is entered for the support of a minor, the court
may provide therein for reasonable visitation of the minor by the
person or persons who provided support pursuant to the order.
Whoever willfully refuses to comply with such visitation order or
willfully interferes with its enforcement may be declared in contempt
of court and punished therefor.
Except where the local governmental unit has entered into an
agreement with the Illinois Department for the Child and Spouse
Support Unit to act for it, as provided in Section 10-3.1, support
orders entered by the court in cases involving applicants or
recipients under Article VI shall provide that payments thereunder be
made directly to the local governmental unit. Orders for the support
of all other applicants or recipients shall provide that payments
thereunder be made directly to the Illinois Department. In accordance
with federal law and regulations, the Illinois Department may
continue to collect current maintenance payments or child support
payments, or both, after those persons cease to receive public
assistance and until termination of services under Article X. The
Illinois Department shall pay the net amount collected to those
persons after deducting any costs incurred in making the collection
or any collection fee from the amount of any recovery made. In both
cases the order shall permit the local governmental unit or the
Illinois Department, as the case may be, to direct the responsible
relative or relatives to make support payments directly to the needy
person, or to some person or agency in his behalf, upon removal of
the person from the public aid rolls or upon termination of services
under Article X.
If the notice of support due issued pursuant to Section 10-7
directs that support payments be made directly to the needy person,
or to some person or agency in his behalf, and the recipient is
removed from the public aid rolls, court action may be taken against
the responsible relative hereunder if he fails to furnish support in
accordance with the terms of such notice.
Actions may also be brought under this Section in behalf of any
person who is in need of support from responsible relatives, as
defined in Section 2-11 of Article II who is not an applicant for or
recipient of financial aid under this Code. In such instances, the
State's Attorney of the county in which such person resides shall
bring action against the responsible relatives hereunder. If the
Illinois Department, as authorized by Section 10-1, extends the
support services provided by this Article to spouses and dependent
children who are not applicants or recipients under this Code, the
Child and Spouse Support Unit established by Section 10-3.1 shall
bring action against the responsible relatives hereunder and any
support orders entered by the court in such cases shall provide that
4110 JOURNAL OF THE [May 12, 1999]
payments thereunder be made directly to the Illinois Department.
Whenever it is determined in a proceeding to establish or enforce
a child support or maintenance obligation that the person owing a
duty of support is unemployed, the court may order the person to seek
employment and report periodically to the court with a diary, listing
or other memorandum of his or her efforts in accordance with such
order. Additionally, the court may order the unemployed person to
report to the Department of Employment Security for job search
services or to make application with the local Jobs Training
Partnership Act provider for participation in job search, training or
work programs and where the duty of support is owed to a child
receiving support services under this Article X, the court may order
the unemployed person to report to the Illinois Department for
participation in job search, training or work programs established
under Section 9-6 and Article IXA of this Code.
Whenever it is determined that a person owes past-due support for
a child receiving assistance under this Code, the court shall order
at the request of the Illinois Department:
(1) that the person pay the past-due support in accordance
with a plan approved by the court; or
(2) if the person owing past-due support is unemployed, is
subject to such a plan, and is not incapacitated, that the person
participate in such job search, training, or work programs
established under Section 9-6 and Article IXA of this Code as the
court deems appropriate.
A determination under this Section shall not be administratively
reviewable by the procedures specified in Sections 10-12, and 10-13
to 10-13.10. Any determination under these Sections, if made the
basis of court action under this Section, shall not affect the de
novo judicial determination required under this Section.
A one-time charge of 20% is imposable upon the amount of past-due
child support owed on July 1, 1988 which has accrued under a support
order entered by the court. The charge shall be imposed in
accordance with the provisions of Section 10-21 of this Code and
shall be enforced by the court upon petition.
All orders for support, when entered or modified, shall include a
provision requiring the non-custodial parent to notify the court and,
in cases in which a party is receiving child and spouse support
services under this Article X, the Illinois Department, within 7
days, (i) of the name, address, and telephone number of any new
employer of the non-custodial parent, (ii) whether the non-custodial
parent has access to health insurance coverage through the employer
or other group coverage and, if so, the policy name and number and
the names of persons covered under the policy, and (iii) of any new
residential or mailing address or telephone number of the
non-custodial parent. In any subsequent action to enforce a support
order, upon a sufficient showing that a diligent effort has been made
to ascertain the location of the non-custodial parent, service of
process or provision of notice necessary in the case may be made at
the last known address of the non-custodial parent in any manner
expressly provided by the Code of Civil Procedure or this Code, which
service shall be sufficient for purposes of due process.
in accordance with the Income Withholding for Support Act
An order for support shall include a date on which the current
support obligation terminates. The termination date shall be no
earlier than the date on which the child covered by the order will
attain the age of majority or is otherwise emancipated. The order
for support shall state that the termination date does not apply to
any arrearage that may remain unpaid on that date. Nothing in this
paragraph shall be construed to prevent the court from modifying the
order.
HOUSE OF REPRESENTATIVES 4111
Upon notification in writing or by electronic transmission from
the Illinois Department to the clerk of the court that a person who
is receiving support payments under this Section is receiving
services under the Child Support Enforcement Program established by
Title IV-D of the Social Security Act, any support payments
subsequently received by the clerk of the court shall be transmitted
in accordance with the instructions of the Illinois Department until
the Illinois Department gives notice to the clerk of the court to
cease the transmittal. After providing the notification authorized
under this paragraph, the Illinois Department shall be entitled as a
party to notice of any further proceedings in the case. The clerk of
the court shall file a copy of the Illinois Department's notification
in the court file. The clerk's failure to file a copy of the
notification in the court file shall not, however, affect the
Illinois Department's right to receive notice of further proceedings.
Payments under this Section to the Illinois Department pursuant
to the Child Support Enforcement Program established by Title IV-D of
the Social Security Act shall be paid into the Child Support
Enforcement Trust Fund. All other payments under this Section to the
Illinois Department shall be deposited in the Public Assistance
Recoveries Trust Fund. Disbursements from these funds shall be as
provided in Sections 12-9 and 12-10.2 of this Code. Payments received
by a local governmental unit shall be deposited in that unit's
General Assistance Fund.
(Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 90-655, eff.
7-30-98; 90-673, eff. 1-1-99; 90-790, eff. 8-14-98; revised 9-14-98.)
(305 ILCS 5/10-17) (from Ch. 23, par. 10-17)
Sec. 10-17. Other Actions and Remedies for Support.) The
procedures, actions and remedies provided in this Article shall in no
way be exclusive, but shall be available in addition to other actions
and remedies of support, including, but not by way of limitation, the
remedies provided in (a) the "Paternity Act", approved July 5, 1957,
as amended; (b) the "Non-Support of Spouse and Children Act",
approved June 24, 1915, as amended; (b-5) the Non-Support Punishment
Act; and (c) the "Revised Uniform Reciprocal Enforcement of Support
Act", approved August 28, 1969, as amended.
(Source: P.A. 79-474.)
(305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
Sec. 10-19. (Support Payments Ordered Under Other Laws - Where
Deposited.) The Illinois Department and local governmental units are
authorized to receive payments directed by court order for the
support of recipients, as provided in the following Acts:
1. "Non-Support of Spouse and Children Act", approved June 24,
1915, as amended,
1.5. The Non-Support Punishment Act,
2. "Illinois Marriage and Dissolution of Marriage Act", as now
or hereafter amended,
3. The Illinois Parentage Act, as amended,
4. "Revised Uniform Reciprocal Enforcement of Support Act",
approved August 28, 1969, as amended,
5. The Juvenile Court Act or the Juvenile Court Act of 1987, as
amended,
6. The "Unified Code of Corrections", approved July 26, 1972, as
amended,
7. Part 7 of Article XII of the Code of Civil Procedure, as
amended,
8. Part 8 of Article XII of the Code of Civil Procedure, as
amended, and
9. Other laws which may provide by judicial order for direct
payment of support moneys.
Payments under this Section to the Illinois Department pursuant
4112 JOURNAL OF THE [May 12, 1999]
to the Child Support Enforcement Program established by Title IV-D of
the Social Security Act shall be paid into the Child Support
Enforcement Trust Fund. All other payments under this Section to the
Illinois Department shall be deposited in the Public Assistance
Recoveries Trust Fund. Disbursements from these funds shall be as
provided in Sections 12-9 and 12-10.2 of this Code. Payments received
by a local governmental unit shall be deposited in that unit's
General Assistance Fund.
(Source: P.A. 86-1028.)
(305 ILCS 5/10-25)
Sec. 10-25. Administrative liens and levies on real property for
past-due child support.
(a) The State shall have a lien on all legal and equitable
interests of responsible relatives in their real property in the
amount of past-due child support owing pursuant to an order for child
support entered under Sections 10-10 and 10-11 of this Code, or under
the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984.
(b) The Illinois Department shall provide by rule for notice to
and an opportunity to be heard by each responsible relative affected,
and any final administrative decision rendered by the Illinois
Department shall be reviewed only under and in accordance with the
Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this Section,
the Illinois Department shall have the authority to execute notices
of administrative liens and levies, which shall contain the name and
address of the responsible relative, a legal description of the real
property to be levied, the fact that a lien is being claimed for
past-due child support, and such other information as the Illinois
Department may by rule prescribe. The Illinois Department shall
record the notice of lien with the recorder or registrar of titles of
the county or counties in which the real estate is located.
(d) The State's lien under subsection (a) shall be enforceable
upon the recording or filing of a notice of lien with the recorder or
registrar of titles of the county or counties in which the real
estate is located. The lien shall be prior to any lien thereafter
recorded or filed and shall be notice to a subsequent purchaser,
assignor, or encumbrancer of the existence and nature of the lien.
The lien shall be inferior to the lien of general taxes, special
assessment, and special taxes heretofore or hereafter levied by any
political subdivision or municipal corporation of the State.
In the event that title to the land to be affected by the notice
of lien is registered under the Registered Titles (Torrens) Act, the
notice shall be filed in the office of the registrar of titles as a
memorial or charge upon each folium of the register of titles
affected by the notice; but the State shall not have a preference
over the rights of any bona fide purchaser, mortgagee, judgment
creditor, or other lien holders registered prior to the registration
of the notice.
(e) The recorder or registrar of titles of each county shall
procure a file labeled "Child Support Lien Notices" and an index book
labeled "Child Support Lien Notices". When notice of any lien is
presented to the recorder or registrar of titles for filing, the
recorder or registrar of titles shall file it in numerical order in
the file and shall enter it alphabetically in the index. The entry
shall show the name and last known address of the person named in the
notice, the serial number of the notice, the date and hour of filing,
and the amount of child support due at the time when the lien is
filed.
HOUSE OF REPRESENTATIVES 4113
(f) The Illinois Department shall not be required to furnish
bond or make a deposit for or pay any costs or fees of any court or
officer thereof in any legal proceeding involving the lien.
(g) To protect the lien of the State for past-due child support,
the Illinois Department may, from funds that are available for that
purpose, pay or provide for the payment of necessary or essential
repairs, purchase tax certificates, pay balances due on land
contracts, or pay or cause to be satisfied any prior liens on the
property to which the lien hereunder applies.
(h) A lien on real property under this Section shall be released
pursuant to Section 12-101 of the Code of Civil Procedure.
(i) The Illinois Department, acting in behalf of the State, may
foreclose the lien in a judicial proceeding to the same extent and in
the same manner as in the enforcement of other liens. The process,
practice, and procedure for the foreclosure shall be the same as
provided in the Code of Civil Procedure.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-25.5)
Sec. 10-25.5. Administrative liens and levies on personal
property for past-due child support.
(a) The State shall have a lien on all legal and equitable
interests of responsible relatives in their personal property,
including any account in a financial institution as defined in
Section 10-24, or in the case of an insurance company or benefit
association only in accounts as defined in Section 10-24, in the
amount of past-due child support owing pursuant to an order for child
support entered under Sections 10-10 and 10-11 of this Code, or under
the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984.
(b) The Illinois Department shall provide by rule for notice to
and an opportunity to be heard by each responsible relative affected,
and any final administrative decision rendered by the Illinois
Department shall be reviewed only under and in accordance with the
Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this Section,
the Illinois Department shall have the authority to execute notices
of administrative liens and levies, which shall contain the name and
address of the responsible relative, a description of the property to
be levied, the fact that a lien is being claimed for past-due child
support, and such other information as the Illinois Department may by
rule prescribe. The Illinois Department may serve the notice of lien
or levy upon any financial institution where the accounts as defined
in Section 10-24 of the responsible relative may be held, for
encumbrance or surrender of the accounts as defined in Section 10-24
by the financial institution.
(d) The Illinois Department shall enforce its lien against the
responsible relative's personal property, other than accounts as
defined in Section 10-24 in financial institutions, and levy upon
such personal property in the manner provided for enforcement of
judgments contained in Article XII of the Code of Civil Procedure.
(e) The Illinois Department shall not be required to furnish
bond or make a deposit for or pay any costs or fees of any court or
officer thereof in any legal proceeding involving the lien.
(f) To protect the lien of the State for past-due child support,
the Illinois Department may, from funds that are available for that
purpose, pay or provide for the payment of necessary or essential
repairs, purchase tax certificates, or pay or cause to be satisfied
any prior liens on the property to which the lien hereunder applies.
(g) A lien on personal property under this Section shall be
4114 JOURNAL OF THE [May 12, 1999]
released in the manner provided under Article XII of the Code of
Civil Procedure. Notwithstanding the foregoing, a lien under this
Section on accounts as defined in Section 10-24 shall expire upon the
passage of 120 days from the date of issuance of the Notice of Lien
or Levy by the Illinois Department. However, the lien shall remain
in effect during the pendency of any appeal or protest.
(h) A lien created under this Section is subordinate to any
prior lien of the financial institution or any prior lien holder or
any prior right of set-off that the financial institution may have
against the assets, or in the case of an insurance company or benefit
association only in the accounts as defined in Section 10-24.
(i) A financial institution has no obligation under this Section
to hold, encumber, or surrender the assets, or in the case of an
insurance company or benefit association only the accounts as defined
in Section 10-24, until the financial institution has been properly
served with a subpoena, summons, warrant, court or administrative
order, or administrative lien and levy requiring that action.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/12-4.7c)
Sec. 12-4.7c. Exchange of information after July 1, 1997.
(a) The Department of Human Services shall exchange with the
Illinois Department of Public Aid information that may be necessary
for the enforcement of child support orders entered pursuant to
Sections 10-10 and 10-11 of this Code or pursuant to the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of Spouse
and Children Act, the Non-Support Punishment Act, the Revised Uniform
Reciprocal Enforcement of Support Act, the Uniform Interstate Family
Support Act, or the Illinois Parentage Act of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Department of Human Services shall not be liable to any person
for any disclosure of information to the Illinois Department of
Public Aid under subsection (a) or for any other action taken in good
faith to comply with the requirements of subsection (a).
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/12-12.1 new)
Sec. 12-12.1. World Wide Web page. The Illinois Department of
Public Aid shall create and maintain or cause to be created and
maintained one or more World Wide Web pages containing information on
selected individuals who are in arrears in their child support
obligations under an Illinois court order or administrative order.
The information regarding each of the individuals shall include the
individual's name, a photograph if available, the amount of the child
support arrearage, and any other information deemed appropriate by
the Illinois Department in its discretion. The individuals may be
chosen by the Illinois Department using criteria including, but not
limited to, the amount of the arrearage, the effect of inclusion of
an individual upon the likelihood of the individual's payment of an
arrearage, the motivational effect that inclusion of an individual
may have on the willingness of other individuals to pay their
arrearages, or the need to locate a particular individual. The
Illinois Department shall make the page or pages accessible to
Internet users through the World Wide Web. The Illinois Department,
in its discretion, may change the contents of the page or pages from
time to time.
Before including information on the World Wide Web page
concerning an individual who owes past due support, the Illinois
Department shall, pursuant to rule, provide the individual with
notice and an opportunity to be heard. Any final administrative
decision rendered by the Illinois Department shall be reviewed only
under and in accordance with the Administrative Review Law.
Section 940. The Vital Records Act is amended by changing
HOUSE OF REPRESENTATIVES 4115
Section 24 as follows:
(410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
Sec. 24. (1) To protect the integrity of vital records, to
insure their proper use, and to insure the efficient and proper
administration of the vital records system, access to vital records,
and indexes thereof, including vital records in the custody of local
registrars and county clerks originating prior to January 1, 1916, is
limited to the custodian and his employees, and then only for
administrative purposes, except that the indexes of those records in
the custody of local registrars and county clerks, originating prior
to January 1, 1916, shall be made available to persons for the
purpose of genealogical research. Original, photographic or
microphotographic reproductions of original records of births 100
years old and older and deaths 50 years old and older, and marriage
records 75 years old and older on file in the State Office of Vital
Records and in the custody of the county clerks may be made available
for inspection in the Illinois State Archives reference area,
Illinois Regional Archives Depositories, and other libraries approved
by the Illinois State Registrar and the Director of the Illinois
State Archives, provided that the photographic or microphotographic
copies are made at no cost to the county or to the State of Illinois.
It is unlawful for any custodian to permit inspection of, or to
disclose information contained in, vital records, or to copy or
permit to be copied, all or part of any such record except as
authorized by this Act or regulations adopted pursuant thereto.
(2) The State Registrar of Vital Records, or his agent, and any
municipal, county, multi-county, public health district, or regional
health officer recognized by the Department may examine vital records
for the purpose only of carrying out the public health programs and
responsibilities under his jurisdiction.
(3) The State Registrar of Vital Records, may disclose, or
authorize the disclosure of, data contained in the vital records when
deemed essential for bona fide research purposes which are not for
private gain.
This amendatory Act of 1973 does not apply to any home rule unit.
(4) The State Registrar shall exchange with the Illinois
Department of Public Aid information that may be necessary for the
establishment of paternity and the establishment, modification, and
enforcement of child support orders entered pursuant to the Illinois
Public Aid Code, the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the Non-Support
Punishment Act, the Revised Uniform Reciprocal Enforcement of Support
Act, the Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984. Notwithstanding any provisions in this Act to
the contrary, the State Registrar shall not be liable to any person
for any disclosure of information to the Illinois Department of
Public Aid under this subsection or for any other action taken in
good faith to comply with the requirements of this subsection.
(Source: P.A. 90-18, eff. 7-1-97.)
Section 945. The Illinois Vehicle Code is amended by changing
Sections 2-109.1, 7-701, 7-702, 7-702.1, and 7-703 and by adding
Sections 7-702.2, 7-705.1 and 7-706.1 as follows:
(625 ILCS 5/2-109.1)
Sec. 2-109.1. Exchange of information.
(a) The Secretary of State shall exchange information with the
Illinois Department of Public Aid which may be necessary for the
establishment of paternity and the establishment, modification, and
enforcement of child support orders pursuant to the Illinois Public
Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Revised Uniform Reciprocal Enforcement of Support Act, the
4116 JOURNAL OF THE [May 12, 1999]
Uniform Interstate Family Support Act, or the Illinois Parentage Act
of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Secretary of State shall not be liable to any person for any
disclosure of information to the Illinois Department of Public Aid
under subsection (a) or for any other action taken in good faith to
comply with the requirements of subsection (a).
(Source: P.A. 90-18, eff. 7-1-97.)
(625 ILCS 5/7-701)
Sec. 7-701. Findings and purpose. The General Assembly finds
that the timely receipt of adequate financial support has the effect
of reducing poverty and State expenditures for welfare dependency
among children, and that the timely payment of adequate child support
demonstrates financial responsibility. Further, the General Assembly
finds that the State has a compelling interest in ensuring that
drivers within the State demonstrate financial responsibility,
including family financial responsibility, in order to safely own and
operate a motor vehicle. To this end, the Secretary of State is
authorized to establish systems a system to suspend driver's licenses
for failure to comply with court orders of support.
(Source: P.A. 89-92, eff. 7-1-96.)
(625 ILCS 5/7-702)
Sec. 7-702. Suspension of driver's license for failure to pay
child support.
(a) The Secretary of State shall suspend the driver's license
issued to an obligor upon receiving an authenticated report provided
for in subsection (a) of Section 7-703, that the person is 90 days or
more delinquent in court ordered child support payments or has been
adjudicated in arrears in an amount equal to 90 days obligation or
more, and has been found in contempt by the court for failure to pay
the support.
(b) The circuit court shall certify in an authenticated report
to the Secretary of State, as provided in subsection (b) of Section
7-703, when an obligor is 90 days or more delinquent in court ordered
child support payments or has been adjudicated in arrears in an
amount equal to 90 days obligation or more but has not been found in
contempt of court. Upon receiving a certification from the circuit
court under this subsection (b), the Secretary of State shall suspend
the obligor's driver's license until such time as the obligor becomes
current in the support obligation.
(Source: P.A. 89-92, eff. 7-1-96.)
(625 ILCS 5/7-702.1)
Sec. 7-702.1. Family financial responsibility driving permits.
Following the entry of an order that an obligor has been found in
contempt by the court for failure to pay court ordered child support
payments or upon a motion by the obligor who has had his or her
driver's license suspended pursuant to subsection (b) of Section
7-702, the court may enter an order directing the Secretary of State
to issue a family financial responsibility driving permit for the
purpose of providing the obligor the privilege of operating a motor
vehicle between the obligor's residence and place of employment, or
within the scope of employment related duties; or for the purpose of
providing transportation for the obligor or a household member to
receive alcohol treatment, other drug treatment, or medical care.
The court may enter an order directing the issuance of a permit only
if the obligor has proven to the satisfaction of the court that no
alternative means of transportation are reasonably available for the
above stated purposes. No permit shall be issued to a person under
the age of 16 years who possesses an instruction permit.
Upon entry of an order granting the issuance of a permit to an
obligor, the court shall report this finding to the Secretary of
HOUSE OF REPRESENTATIVES 4117
State on a form prescribed by the Secretary. This form shall state
whether the permit has been granted for employment or medical
purposes and the specific days and hours for which limited driving
privileges have been granted.
The family financial responsibility driving permit shall be
subject to cancellation, invalidation, suspension, and revocation by
the Secretary of State in the same manner and for the same reasons as
a driver's license may be cancelled, invalidated, suspended, or
revoked.
The Secretary of State shall, upon receipt of a certified court
order from the court of jurisdiction, issue a family financial
responsibility driving permit. In order for this permit to be issued,
an individual's driving privileges must be valid except for the
family financial responsibility suspension. This permit shall be
valid only for employment and medical purposes as set forth above.
The permit shall state the days and hours for which limited driving
privileges have been granted.
Any submitted court order that contains insufficient data or
fails to comply with any provision of this Code shall not be used for
issuance of the permit or entered to the individual's driving record
but shall be returned to the court of jurisdiction indicating why the
permit cannot be issued at that time. The Secretary of State shall
also send notice of the return of the court order to the individual
requesting the permit.
(Source: P.A. 89-92, eff. 7-1-96; 90-369, eff. 1-1-98.)
(625 ILCS 5/7-702.2 new)
Sec. 7-702.2. Written agreement to pay past-due support.
(a) An obligor who is presently unable to pay all past-due
support and is subject to having his or her license suspended
pursuant to subsection (b) of Section 7-702 may come into compliance
with the court order for support by executing a written payment
agreement that is approved by the court and by complying with that
agreement. A condition of a written payment agreement must be that
the obligor pay the current child support when due. Before a written
payment agreement is executed, the obligor shall:
(1) Disclose fully to the court in writing, on a form
prescribed by the court, the obligor's financial circumstances,
including income from all sources, assets, liabilities, and work
history for the past year; and
(2) Provide documentation to the court concerning the
obligor's financial circumstances, including copies of the most
recent State and federal income tax returns, both personal and
business; a copy of a recent pay stub representative of a current
income; and copies of other records that show the obligor's
income and the present level of assets held by the obligor.
(b) After full disclosure, the court may determine the obligor's
ability to pay past-due support and may approve a written payment
agreement consistent with the obligor's ability to pay, not to exceed
the court-ordered support.
(625 ILCS 5/7-703)
Sec. 7-703. Courts to report non-payment of court ordered
support.
(a) The clerk of the circuit court, as provided in subsection
(b) of Section 7-702 of this Act and subsection (b) of Section 505 of
the Illinois Marriage and Dissolution of Marriage Act or as provided
in Section 15 of the Illinois Parentage Act of 1984, shall forward to
the Secretary of State, on a form prescribed by the Secretary, an
authenticated document certifying the court's order suspending the
driving privileges of the obligor. For any such certification, the
clerk of the court shall charge the obligor a fee of $5 as provided
in the Clerks of Courts Act.
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(b) If an obligor is 90 days or more delinquent in court ordered
child support payments or has been adjudicated in arrears in an
amount equal to 90 days obligation or more but has not been held in
contempt of court, the circuit court shall forward to the Secretary
of State an authenticated document certifying that an obligor is 90
days or more delinquent in court ordered child support payments or
has been adjudicated in arrears in an amount equal to 90 days
obligation or more.
(Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
(625 ILCS 5/7-705.1 new)
Sec. 7-705.1. Notice of noncompliance with support order.
Before forwarding to the Secretary of State the authenticated report
under subsection (b) of Section 7-703, the circuit court must serve
notice upon the obligor of its intention to certify the obligor to
the Secretary of State as an individual who is not in compliance with
an order of support. The notice must inform the obligor that:
(a) If the obligor is presently unable to pay all past-due
support, the obligor may come into compliance with the support order
by executing a written payment agreement with the court, as provided
in Section 7-702.2, and by complying with that agreement;
(b) The obligor may contest the issue of compliance at a
hearing;
(c) A request for a hearing must be made in writing and must be
received by the clerk of the circuit court;
(d) If the obligor does not request a hearing to contest the
issue of compliance, the obligor's driver's license shall be
suspended on the 45th day following the date of mailing of the notice
of noncompliance;
(e) If the circuit court certifies the obligor to the Secretary
of State for noncompliance with an order of support, the Secretary of
State must suspend any driver's license or instruction permit the
obligor holds and the obligor's right to apply for or obtain a
driver's license or instruction permit until the obligor comes into
compliance with the order of support;
(f) If the obligor files a motion to modify support with the
court or requests the court to modify a support obligation, the
circuit court shall stay action to certify the obligor to the
Secretary of State for noncompliance with an order of support; and
(g) The obligor may comply with an order of support by doing all
of the following:
(1) Paying the current support;
(2) Paying all past-due support or, if unable to pay all
past-due support and a periodic payment for past due support has
not been ordered by the court, by making periodic payments in
accordance with a written payment agreement approved by the
court; and
(3) Meeting the obligor's health insurance obligation.
The notice must include the address and telephone number of the
clerk of the circuit court. The clerk of the circuit court shall
attach a copy of the obligor's order of support to the notice. The
notice must be served by certified mail, return receipt requested, by
service in hand, or as specified in the Code of Civil Procedure.
(625 ILCS 5/7-706.1 new)
Sec. 7-706.1. Hearing for compliance with support order.
(a) An obligor may request in writing to the clerk of the
circuit court a hearing to contest the claim of noncompliance with an
order of support and his or her subsequent driver's license
suspension under subsection (b) of Section 7-702.
(b) If a written request for a hearing is received by the clerk
of the circuit court, the clerk of the circuit court shall set the
hearing before the circuit court.
HOUSE OF REPRESENTATIVES 4119
(c) Upon the obligor's written request, the court must set a
date for a hearing and afford the obligor an opportunity for a
hearing as early as practical.
(d) The scope of this hearing is limited to the following
issues:
(1) Whether the obligor is required to pay child support
under an order of support.
(2) Whether the obligor is 90 days or more delinquent in
court ordered child support payments or has been adjudicated in
arrears in an amount equal to 90 days obligation or more.
(3) Any additional issues raised by the obligor, including
the reasonableness of a payment agreement in light of the
obligor's current financial circumstances, to be preserved for
appeal.
(e) All hearings and hearing procedures shall comply with
requirements of the Illinois Constitution and the United States
Constitution, so that no person is deprived of due process of law nor
denied equal protection of the laws. All hearings shall be held
before a judge of the circuit court in the county in which the
support order has been entered. Appropriate records of the hearings
shall be kept. Where a transcript of the hearing is taken, the
person requesting the hearing shall have the opportunity to order a
copy of the transcript at his or her own expense.
(f) The action of the circuit court resulting in the suspension
of any driver's license shall be a final judgment for purposes of
appellate review.
Section 950. The Clerks of Courts Act is amended by adding
Section 15.1 as follows:
(705 ILCS 105/15.1 new)
Sec. 15.1. Child support information. The clerks of the circuit
courts may, upon request, cooperate with and supply information to
counties and municipalities wishing to create and maintain World Wide
Web pages containing information on individuals who are in arrears in
their child support obligations and have been found to be in contempt
of court as a result of the existence of that arrearage.
Section 955. The Unified Code of Corrections is amended by
changing Section 3-5-4 as follows:
(730 ILCS 5/3-5-4)
Sec. 3-5-4. Exchange of information for child support
enforcement.
(a) The Department shall exchange with the Illinois Department
of Public Aid information that may be necessary for the enforcement
of child support orders entered pursuant to the Illinois Public Aid
Code, the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois Parentage Act
of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Department shall not be liable to any person for any disclosure
of information to the Illinois Department of Public Aid under
subsection (a) or for any other action taken in good faith to comply
with the requirements of subsection (a).
(Source: P.A. 90-18, eff. 1-1-97.)
Section 960. The Code of Civil Procedure is amended by changing
Sections 2-1403 and 12-819 as follows:
(735 ILCS 5/2-1403) (from Ch. 110, par. 2-1403)
Sec. 2-1403. Judgment debtor as beneficiary of trust. No court,
except as otherwise provided in this Section, shall order the
satisfaction of a judgment out of any property held in trust for the
judgment debtor if such trust has, in good faith, been created by, or
4120 JOURNAL OF THE [May 12, 1999]
the fund so held in trust has proceeded from, a person other than the
judgment debtor. The income or principal of a trust shall be
subject to withholding for the purpose of securing collection of
unpaid child support obligations owed by the beneficiary as provided
in Section 4.1 of the "Non-Support of Spouse and Children Act",
Section 22 of the Non-Support Punishment Act, and similar Sections of
other Acts which provide for support of a child as follows:
(1) income may be withheld if the beneficiary is entitled to a
specified dollar amount or percentage of the income of the trust, or
is the sole income beneficiary; and
(2) principal may be withheld if the beneficiary has a right to
withdraw principal, but not in excess of the amount subject to
withdrawal under the instrument, or if the beneficiary is the only
beneficiary to whom discretionary payments of principal may be made
by the trustee.
(Source: P.A. 85-1209.)
(735 ILCS 5/12-819) (from Ch. 110, par. 12-819)
Sec. 12-819. Limitations on part 8 of Article XII. The
provisions of this Part 8 of Article XII of this Act do not apply to
orders for withholding of income entered by the court under
provisions of The Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and Children
Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal
Enforcement of Support Act and the Paternity Act for support of a
child or maintenance of a spouse.
(Source: P.A. 84-1043.)
Section 965. The Illinois Wage Assignment Act is amended by
changing Section 11 as follows:
(740 ILCS 170/11) (from Ch. 48, par. 39.12)
Sec. 11. The provisions of this Act do not apply to orders for
withholding of income entered by the court under provisions of The
Illinois Public Aid Code, the Illinois Marriage and Dissolution of
Marriage Act, the Non-Support of Spouse and Children Act, the
Non-Support Punishment Act, the Revised Uniform Reciprocal
Enforcement of Support Act and the Paternity Act for support of a
child or maintenance of a spouse.
(Source: P.A. 83-658.)
Section 970. The Illinois Marriage and Dissolution of Marriage
Act is amended by changing Sections 505 and 713 and by adding
Sections 714 and 715 as follows:
(750 ILCS 5/505) (from Ch. 40, par. 505)
Sec. 505. Child support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal
separation, declaration of invalidity of marriage, a proceeding for
child support following dissolution of the marriage by a court which
lacked personal jurisdiction over the absent spouse, a proceeding for
modification of a previous order for child support under Section 510
of this Act, or any proceeding authorized under Section 501 or 601 of
this Act, the court may order either or both parents owing a duty of
support to a child of the marriage to pay an amount reasonable and
necessary for his support, without regard to marital misconduct. The
duty of support owed to a minor child includes the obligation to
provide for the reasonable and necessary physical, mental and
emotional health needs of the child.
(1) The Court shall determine the minimum amount of support
by using the following guidelines:
Number of Children Percent of Supporting Party's
Net Income
1 20%
2 25%
3 32%
HOUSE OF REPRESENTATIVES 4121
4 40%
5 45%
6 or more 50%
(2) The above guidelines shall be applied in each case
unless the court makes a finding that application of the
guidelines would be inappropriate, after considering the best
interests of the child in light of evidence including but not
limited to one or more of the following relevant factors:
(a) the financial resources and needs of the child;
(b) the financial resources and needs of the custodial
parent;
(c) the standard of living the child would have
enjoyed had the marriage not been dissolved;
(d) the physical and emotional condition of the child,
and his educational needs; and
(e) the financial resources and needs of the
non-custodial parent.
If the court deviates from the guidelines, the court's
finding shall state the amount of support that would have been
required under the guidelines, if determinable. The court shall
include the reason or reasons for the variance from the
guidelines.
(3) "Net income" is defined as the total of all income from
all sources, minus the following deductions:
(a) Federal income tax (properly calculated
withholding or estimated payments);
(b) State income tax (properly calculated withholding
or estimated payments);
(c) Social Security (FICA payments);
(d) Mandatory retirement contributions required by law
or as a condition of employment;
(e) Union dues;
(f) Dependent and individual health/hospitalization
insurance premiums;
(g) Prior obligations of support or maintenance
actually paid pursuant to a court order;
(h) Expenditures for repayment of debts that represent
reasonable and necessary expenses for the production of
income, medical expenditures necessary to preserve life or
health, reasonable expenditures for the benefit of the child
and the other parent, exclusive of gifts. The court shall
reduce net income in determining the minimum amount of
support to be ordered only for the period that such payments
are due and shall enter an order containing provisions for
its self-executing modification upon termination of such
payment period.
(4) In cases where the court order provides for
health/hospitalization insurance coverage pursuant to Section
505.2 of this Act, the premiums for that insurance, or that
portion of the premiums for which the supporting party is
responsible in the case of insurance provided through an
employer's health insurance plan where the employer pays a
portion of the premiums, shall be subtracted from net income in
determining the minimum amount of support to be ordered.
(4.5) In a proceeding for child support following
dissolution of the marriage by a court that lacked personal
jurisdiction over the absent spouse, and in which the court is
requiring payment of support for the period before the date an
order for current support is entered, there is a rebuttable
presumption that the supporting party's net income for the prior
period was the same as his or her net income at the time the
4122 JOURNAL OF THE [May 12, 1999]
order for current support is entered.
(5) If the net income cannot be determined because of
default or any other reason, the court shall order support in an
amount considered reasonable in the particular case. The final
order in all cases shall state the support level in dollar
amounts.
(6) If (i) the non-custodial parent was properly served with
a request for discovery of financial information relating to the
non-custodial parent's ability to provide child support, (ii) the
non-custodial parent failed to comply with the request, despite
having been ordered to do so by the court, and (iii) the
non-custodial parent is not present at the hearing to determine
support despite having received proper notice, then any relevant
financial information concerning the non-custodial parent's
ability to provide child support that was obtained pursuant to
subpoena and proper notice shall be admitted into evidence
without the need to establish any further foundation for its
admission.
(b) Failure of either parent to comply with an order to pay
support shall be punishable as in other cases of contempt. In
addition to other penalties provided by law the Court may, after
finding the parent guilty of contempt, order that the parent be:
(1) placed on probation with such conditions of probation
as the Court deems advisable;
(2) sentenced to periodic imprisonment for a period not to
exceed 6 months; provided, however, that the Court may permit the
parent to be released for periods of time during the day or night
to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
The Court may further order any part or all of the earnings of a
parent during a sentence of periodic imprisonment paid to the Clerk
of the Circuit Court or to the parent having custody or to the
guardian having custody of the minor children of the sentenced parent
for the support of said minor children until further order of the
Court.
If there is a unity of interest and ownership sufficient to
render no financial separation between a non-custodial parent and
another person or persons or business entity, the court may pierce
the ownership veil of the person, persons, or business entity to
discover assets of the non-custodial parent held in the name of that
person, those persons, or that business entity. The following
circumstances are sufficient to authorize a court to order discovery
of the assets of a person, persons, or business entity and to compel
the application of any discovered assets toward payment on the
judgment for support:
(1) the non-custodial parent and the person, persons, or
business entity maintain records together.
(2) the non-custodial parent and the person, persons, or
business entity fail to maintain an arms length relationship
between themselves with regard to any assets.
(3) the non-custodial parent transfers assets to the
person, persons, or business entity with the intent to perpetrate
a fraud on the custodial parent.
With respect to assets which are real property, no order entered
under this paragraph shall affect the rights of bona fide purchasers,
mortgagees, judgment creditors, or other lien holders who acquire
their interests in the property prior to the time a notice of lis
pendens pursuant to the Code of Civil Procedure or a copy of the
order is placed of record in the office of the recorder of deeds for
HOUSE OF REPRESENTATIVES 4123
the county in which the real property is located.
The court may also order in cases where the parent is 90 days or
more delinquent in payment of support or has been adjudicated in
arrears in an amount equal to 90 days obligation or more, that the
parent's Illinois driving privileges be suspended until the court
determines that the parent is in compliance with the order of
support. The court may also order that the parent be issued a family
financial responsibility driving permit that would allow limited
driving privileges for employment and medical purposes in accordance
with Section 7-702.1 of the Illinois Vehicle Code. The clerk of the
circuit court shall certify the order suspending the driving
privileges of the parent or granting the issuance of a family
financial responsibility driving permit to the Secretary of State on
forms prescribed by the Secretary. Upon receipt of the authenticated
documents, the Secretary of State shall suspend the parent's driving
privileges until further order of the court and shall, if ordered by
the court, subject to the provisions of Section 7-702.1 of the
Illinois Vehicle Code, issue a family financial responsibility
driving permit to the parent.
In addition to the penalties or punishment that may be imposed
under this Section, any person whose conduct constitutes a violation
of Section 1 of the Non-Support of Spouse and Children Act may be
prosecuted under that Section, and a person convicted under that
Section may be sentenced in accordance with that Section. The
sentence may include but need not be limited to a requirement that
the person perform community service under subsection (b) of that
Section or participate in a work alternative program under subsection
(c) of that Section. A person may not be required to participate in
a work alternative program under subsection (c) of that Section if
the person is currently participating in a work program pursuant to
Section 505.1 of this Act.
(c) A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988 which has accrued under a
support order entered by the court. The charge shall be imposed in
accordance with the provisions of Section 10-21 of the Illinois
Public Aid Code and shall be enforced by the court upon petition.
(d) Any new or existing support order entered by the court under
this Section shall be deemed to be a series of judgments against the
person obligated to pay support thereunder, each such judgment to be
in the amount of each payment or installment of support and each such
judgment to be deemed entered as of the date the corresponding
payment or installment becomes due under the terms of the support
order. Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the ability
to be enforced. A lien arises by operation of law against the real
and personal property of the noncustodial parent for each installment
of overdue support owed by the noncustodial parent.
(e) When child support is to be paid through the clerk of the
court in a county of 1,000,000 inhabitants or less, the order shall
direct the obligor to pay to the clerk, in addition to the child
support payments, all fees imposed by the county board under
paragraph (3) of subsection (u) of Section 27.1 of the Clerks of
Courts Act. Unless paid in cash or pursuant to an order for
withholding, the payment of the fee shall be by a separate instrument
from the support payment and shall be made to the order of the Clerk.
(f) All orders for support, when entered or modified, shall
include a provision requiring the obligor to notify the court and, in
cases in which a party is receiving child and spouse services under
Article X of the Illinois Public Aid Code, the Illinois Department of
Public Aid, within 7 days, (i) of the name and address of any new
employer of the obligor, (ii) whether the obligor has access to
4124 JOURNAL OF THE [May 12, 1999]
health insurance coverage through the employer or other group
coverage and, if so, the policy name and number and the names of
persons covered under the policy, and (iii) of any new residential or
mailing address or telephone number of the non-custodial parent. In
any subsequent action to enforce a support order, upon a sufficient
showing that a diligent effort has been made to ascertain the
location of the non-custodial parent, service of process or provision
of notice necessary in the case may be made at the last known address
of the non-custodial parent in any manner expressly provided by the
Code of Civil Procedure or this Act, which service shall be
sufficient for purposes of due process.
(g) An order for support shall include a date on which the
current support obligation terminates. The termination date shall be
no earlier than the date on which the child covered by the order will
attain the age of majority or is otherwise emancipated. The order for
support shall state that the termination date does not apply to any
arrearage that may remain unpaid on that date. Nothing in this
subsection shall be construed to prevent the court from modifying the
order.
(h) An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and to the
clerk of court within 10 days each time the obligor obtains new
employment, and each time the obligor's employment is terminated for
any reason. The report shall be in writing and shall, in the case of
new employment, include the name and address of the new employer.
Failure to report new employment or the termination of current
employment, if coupled with nonpayment of support for a period in
excess of 60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be set in
the amount of the child support that should have been paid during the
period of unreported employment. An order entered under this Section
shall also include a provision requiring the obligor and obligee
parents to advise each other of a change in residence within 5 days
of the change except when the court finds that the physical, mental,
or emotional health of a party or that of a minor child, or both,
would be seriously endangered by disclosure of the party's address.
(Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96; 89-626, eff.
8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98; 90-539, eff. 6-1-98;
90-655, eff. 7-30-98; 90-733, eff. 8-11-98.)
(750 ILCS 5/713) (from Ch. 40, par. 713)
Sec. 713. Attachment of the Body. As used in this Section,
"obligor" has the same meaning ascribed to such term in the Income
Withholding for Support Act.
(a) In any proceeding to enforce an order for support, where the
obligor has failed to appear in court pursuant to order of court and
after due notice thereof, the court may enter an order for the
attachment of the body of the obligor. Notices under this Section
shall be served upon the obligor either (1) by prepaid certified mail
with delivery restricted to the obligor, or (2) by personal service
on the obligor. The attachment order shall fix an amount of escrow
which is equal to a minimum of 20% of the total child support
arrearage alleged by the obligee in sworn testimony to be due and
owing. The attachment order shall direct the Sheriff of any county
in Illinois to take the obligor into custody and shall set the number
of days following release from custody for a hearing to be held at
which the obligor must appear, if he is released under subsection (c)
of this Section.
(b) If the obligor is taken into custody, the Sheriff shall take
the obligor before the court which entered the attachment order.
However, the Sheriff may release the person after he or she has
deposited the amount of escrow ordered by the court pursuant to local
HOUSE OF REPRESENTATIVES 4125
procedures for the posting of bond. The Sheriff shall advise the
obligor of the hearing date at which the obligor is required to
appear.
(c) Any escrow deposited pursuant to this Section shall be
transmitted to the Clerk of the Circuit Court for the county in which
the order for attachment of the body of the obligor was entered. Any
Clerk who receives money deposited into escrow pursuant to this
Section shall notify the obligee, public office or legal counsel
whose name appears on the attachment order of the court date at which
the obligor is required to appear and the amount deposited into
escrow. The Clerk shall disburse such money to the obligee only under
an order from the court that entered the attachment order pursuant to
this Section.
(d) Whenever an obligor is taken before the court by the
Sheriff, or appears in court after the court has ordered the
attachment of his body, the court shall:
(1) hold a hearing on the complaint or petition that gave
rise to the attachment order. For purposes of determining
arrearages that are due and owing by the obligor, the court shall
accept the previous sworn testimony of the obligee as true and
the appearance of the obligee shall not be required. The court
shall require sworn testimony of the obligor as to his or her
Social Security number, income, employment, bank accounts,
property and any other assets. If there is a dispute as to the
total amount of arrearages, the court shall proceed as in any
other case as to the undisputed amounts; and
(2) order the Clerk of the Circuit Court to disburse to the
obligee or public office money held in escrow pursuant to this
Section if the court finds that the amount of arrearages exceeds
the amount of the escrow. Amounts received by the obligee or
public office shall be deducted from the amount of the
arrearages.
(e) If the obligor fails to appear in court after being notified
of the court date by the Sheriff upon release from custody, the court
shall order any monies deposited into escrow to be immediately
released to the obligee or public office and shall proceed under
subsection (a) of this Section by entering another order for the
attachment of the body of the obligor.
(f) This Section shall apply to any order for support issued
under the "Illinois Marriage and Dissolution of Marriage Act",
approved September 22, 1977, as amended; the "Illinois Parentage Act
of 1984", effective July 1, 1985, as amended; the "Revised Uniform
Reciprocal Enforcement of Support Act", approved August 28, 1969, as
amended; "The Illinois Public Aid Code", approved April 11, 1967, as
amended; the Non-Support Punishment Act; and the "Non-support of
Spouse and Children Act", approved June 8, 1953, as amended.
(g) Any escrow established pursuant to this Section for the
purpose of providing support shall not be subject to fees collected
by the Clerk of the Circuit Court for any other escrow.
(Source: P.A. 90-673, eff. 1-1-99.)
(750 ILCS 5/714 new)
Sec. 714. Willful default on support; penalties. Beginning on
the effective date of this amendatory Act of the 91st General
Assembly, a person who willfully defaults on an order for child
support issued by an Illinois court may be subject to summary
criminal contempt proceedings.
Each State agency, as defined in the Illinois State Auditing Act,
shall suspend a license or certificate issued by that agency to a
person found guilty of criminal contempt under this Section. The
suspension shall remain in effect until all defaults on an order for
child support are satisfied.
4126 JOURNAL OF THE [May 12, 1999]
This Section applies to an order for child support issued under
the Illinois Public Aid Code, the Illinois Marriage and Dissolution
of Marriage Act, the Illinois Parentage Act of 1984, and the Revised
Uniform Reciprocal Enforcement of Support Act.
(750 ILCS 5/715 new)
Sec. 715. Information to locate obligors. As used in this
Section, "obligor" is an individual who owes a duty to make payments
under an order for child support. The State's attorney or any other
appropriate State official may request and shall receive information
from employers, telephone companies, and utility companies to locate
an obligor who has defaulted on child support payments.
Section 975. The Uniform Interstate Family Support Act is
amended by changing Section 101 as follows:
(750 ILCS 22/101)
Sec. 101. Definitions. In this Act:
"Child" means an individual, whether over or under the age of 18,
who is or is alleged to be owed a duty of support by the individual's
parent or who is or is alleged to be the beneficiary of a support
order directed to the parent.
"Child-support order" means a support order for a child,
including a child who has attained the age of 18.
"Duty of support" means an obligation imposed or imposable by law
to provide support for a child, spouse, or former spouse including an
unsatisfied obligation to provide support.
"Home state" means the state in which a child lived with a
parent or a person acting as parent for at least 6 consecutive months
immediately preceding the time of filing of a petition or comparable
pleading for support, and if a child is less than 6 months old, the
state in which the child lived from birth with any of them. A period
of temporary absence of any of them is counted as part of the 6-month
or other period.
"Income" includes earnings or other periodic entitlements to
money from any source and any other property subject to withholding
for support under the law of this State.
"Income-withholding order" means an order or other legal process
directed to an obligor's employer or other debtor, as defined by the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Illinois
Public Aid Code, and the Illinois Parentage Act of 1984, to withhold
support from the income of the obligor.
"Initiating state" means a state from which a proceeding is
forwarded or in which a proceeding is filed for forwarding to a
responding state under this Act or a law or procedure substantially
similar to this Act.
"Initiating tribunal" means the authorized tribunal in an
initiating state.
"Issuing state" means the state in which a tribunal issues a
support order or renders a judgment determining parentage.
"Issuing tribunal" means the tribunal that issues a support order
or renders a judgment determining parentage.
"Obligee" means:
(i) an individual to whom a duty of support is or is
alleged to be owed or in whose favor a support order has been
issued or a judgment determining parentage has been rendered;
(ii) a state or political subdivision to which the rights
under a duty of support or support order have been assigned or
which has independent claims based on financial assistance
provided to an individual obligee; or
(iii) an individual seeking a judgment determining
parentage of the individual's child.
"Obligor" means an individual, or the estate of a decedent: (i)
HOUSE OF REPRESENTATIVES 4127
who owes or is alleged to owe a duty of support; (ii) who is alleged
but has not been adjudicated to be a parent of a child; or (iii) who
is liable under a support order.
"Register" means to record a support order or judgment
determining parentage in the appropriate Registry of Foreign Support
Orders.
"Registering tribunal" means a tribunal in which a support order
is registered.
"Responding state" means a state in which a proceeding is filed
or to which a proceeding is forwarded for filing from an initiating
state under this Act or a law or procedure substantially similar to
this Act.
"Responding tribunal" means the authorized tribunal in a
responding state.
"Spousal-support order" means a support order for a spouse or
former spouse of the obligor.
"State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States. The term includes:
(i) an Indian tribe; and
(ii) a foreign jurisdiction that has enacted a law or
established procedures for issuance and enforcement of support
orders which are substantially similar to the procedures under
this Act, the Uniform Reciprocal Enforcement of Support Act, or
the Revised Uniform Reciprocal Enforcement of Support Act.
"Support enforcement agency" means a public official or agency
authorized to seek:
(1) enforcement of support orders or laws relating to the duty
of support;
(2) establishment or modification of child support;
(3) determination of parentage; or
(4) to locate obligors or their assets.
"Support order" means a judgment, decree, or order, whether
temporary, final, or subject to modification, for the benefit of a
child, a spouse, or a former spouse, which provides for monetary
support, health care, arrearages, or reimbursement, and may include
related costs and fees, interest, income withholding, attorney's
fees, and other relief.
"Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or modify
support orders or to determine parentage.
(Source: P.A. 90-240, eff. 7-28-97.)
Section 980. The Illinois Parentage Act of 1984 is amended by
changing Sections 6 and 14 as follows:
(750 ILCS 45/6) (from Ch. 40, par. 2506)
Sec. 6. Establishment of Parent and Child Relationship by
Consent of the Parties.
(a) A parent and child relationship may be established
voluntarily by the signing and witnessing of a voluntary
acknowledgment of parentage in accordance with Section 12 of the
Vital Records Act or Section 10-17.7 of the Illinois Public Aid Code.
The voluntary acknowledgment of parentage shall contain the social
security numbers of the persons signing the voluntary acknowledgment
of parentage; however, failure to include the social security numbers
of the persons signing a voluntary acknowledgment of parentage does
not invalidate the voluntary acknowledgment of parentage.
(b) Notwithstanding any other provisions of this Act, paternity
established in accordance with subsection (a) has the full force and
effect of a judgment entered under this Act and serves as a basis for
seeking a child support order without any further proceedings to
4128 JOURNAL OF THE [May 12, 1999]
establish paternity.
(c) A judicial or administrative proceeding to ratify paternity
established in accordance with subsection (a) is neither required nor
permitted.
(d) A signed acknowledgment of paternity entered under this Act
may be challenged in court only on the basis of fraud, duress, or
material mistake of fact, with the burden of proof upon the
challenging party. Pending outcome of the challenge to the
acknowledgment of paternity, the legal responsibilities of the
signatories shall remain in full force and effect, except upon order
of the court upon a showing of good cause.
(e) Once a parent and child relationship is established in
accordance with subsection (a), an order for support may be
established pursuant to a petition to establish an order for support
by consent filed with the clerk of the circuit court. A copy of the
properly completed acknowledgment of parentage form shall be attached
to the petition. The petition shall ask that the circuit court enter
an order for support. The petition may ask that an order for
visitation, custody, or guardianship be entered. The filing and
appearance fees provided under the Clerks of Courts Act shall be
waived for all cases in which an acknowledgment of parentage form has
been properly completed by the parties and in which a petition to
establish an order for support by consent has been filed with the
clerk of the circuit court. This subsection shall not be construed
to prohibit filing any petition for child support, visitation, or
custody under this Act, the Illinois Marriage and Dissolution of
Marriage Act, or the Non-Support Punishment of Spouse and Children
Act. This subsection shall also not be construed to prevent the
establishment of an administrative support order in cases involving
persons receiving child support enforcement services under Article X
of the Illinois Public Aid Code.
(Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
(750 ILCS 45/14) (from Ch. 40, par. 2514)
Sec. 14. Judgment.
(a) (1) The judgment shall contain or explicitly reserve
provisions concerning any duty and amount of child support and may
contain provisions concerning the custody and guardianship of the
child, visitation privileges with the child, the furnishing of bond
or other security for the payment of the judgment, which the court
shall determine in accordance with the relevant factors set forth in
the Illinois Marriage and Dissolution of Marriage Act and any other
applicable law of Illinois, to guide the court in a finding in the
best interests of the child. In determining custody, joint custody,
or visitation, the court shall apply the relevant standards of the
Illinois Marriage and Dissolution of Marriage Act. Specifically, in
determining the amount of any child support award, the court shall
use the guidelines and standards set forth in subsection (a) of
Section 505 and in Section 505.2 of the Illinois Marriage and
Dissolution of Marriage Act. For purposes of Section 505 of the
Illinois Marriage and Dissolution of Marriage Act, "net income" of
the non-custodial parent shall include any benefits available to that
person under the Illinois Public Aid Code or from other federal,
State or local government-funded programs. The court shall, in any
event and regardless of the amount of the non-custodial parent's net
income, in its judgment order the non-custodial parent to pay child
support to the custodial parent in a minimum amount of not less than
$10 per month. In an action brought within 2 years after a child's
birth, the judgment or order may direct either parent to pay the
reasonable expenses incurred by either parent related to the mother's
pregnancy and the delivery of the child. The judgment or order shall
contain the father's social security number, which the father shall
HOUSE OF REPRESENTATIVES 4129
disclose to the court; however, failure to include the father's
social security number on the judgment or order does not invalidate
the judgment or order.
(2) If a judgment of parentage contains no explicit award of
custody, the establishment of a support obligation or of visitation
rights in one parent shall be considered a judgment granting custody
to the other parent. If the parentage judgment contains no such
provisions, custody shall be presumed to be with the mother; however,
the presumption shall not apply if the father has had physical
custody for at least 6 months prior to the date that the mother seeks
to enforce custodial rights.
(b) The court shall order all child support payments, determined
in accordance with such guidelines, to commence with the date summons
is served. The level of current periodic support payments shall not
be reduced because of payments set for the period prior to the date
of entry of the support order. The Court may order any child support
payments to be made for a period prior to the commencement of the
action. In determining whether and the extent to which the payments
shall be made for any prior period, the court shall consider all
relevant facts, including the factors for determining the amount of
support specified in the Illinois Marriage and Dissolution of
Marriage Act and other equitable factors including but not limited
to:
(1) The father's prior knowledge of the fact and
circumstances of the child's birth.
(2) The father's prior willingness or refusal to help raise
or support the child.
(3) The extent to which the mother or the public agency
bringing the action previously informed the father of the child's
needs or attempted to seek or require his help in raising or
supporting the child.
(4) The reasons the mother or the public agency did not
file the action earlier.
(5) The extent to which the father would be prejudiced by
the delay in bringing the action.
For purposes of determining the amount of child support to be
paid for any period before the date the order for current child
support is entered, there is a rebuttable presumption that the
father's net income for the prior period was the same as his net
income at the time the order for current child support is entered.
If (i) the non-custodial parent was properly served with a
request for discovery of financial information relating to the
non-custodial parent's ability to provide child support, (ii) the
non-custodial parent failed to comply with the request, despite
having been ordered to do so by the court, and (iii) the
non-custodial parent is not present at the hearing to determine
support despite having received proper notice, then any relevant
financial information concerning the non-custodial parent's ability
to provide child support that was obtained pursuant to subpoena and
proper notice shall be admitted into evidence without the need to
establish any further foundation for its admission.
(c) Any new or existing support order entered by the court under
this Section shall be deemed to be a series of judgments against the
person obligated to pay support thereunder, each judgment to be in
the amount of each payment or installment of support and each such
judgment to be deemed entered as of the date the corresponding
payment or installment becomes due under the terms of the support
order. Each judgment shall have the full force, effect and
attributes of any other judgment of this State, including the ability
to be enforced. A lien arises by operation of law against the real
and personal property of the noncustodial parent for each installment
4130 JOURNAL OF THE [May 12, 1999]
of overdue support owed by the noncustodial parent.
(d) If the judgment or order of the court is at variance with
the child's birth certificate, the court shall order that a new birth
certificate be issued under the Vital Records Act.
(e) On request of the mother and the father, the court shall
order a change in the child's name. After hearing evidence the court
may stay payment of support during the period of the father's
minority or period of disability.
(f) If, upon a showing of proper service, the father fails to
appear in court, or otherwise appear as provided by law, the court
may proceed to hear the cause upon testimony of the mother or other
parties taken in open court and shall enter a judgment by default.
The court may reserve any order as to the amount of child support
until the father has received notice, by regular mail, of a hearing
on the matter.
(g) A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988 which has accrued under a
support order entered by the court. The charge shall be imposed in
accordance with the provisions of Section 10-21 of the Illinois
Public Aid Code and shall be enforced by the court upon petition.
(h) All orders for support, when entered or modified, shall
include a provision requiring the non-custodial parent to notify the
court and, in cases in which party is receiving child and spouse
support services under Article X of the Illinois Public Aid Code, the
Illinois Department of Public Aid, within 7 days, (i) of the name and
address of any new employer of the non-custodial parent, (ii) whether
the non-custodial parent has access to health insurance coverage
through the employer or other group coverage and, if so, the policy
name and number and the names of persons covered under the policy,
and (iii) of any new residential or mailing address or telephone
number of the non-custodial parent. In any subsequent action to
enforce a support order, upon a sufficient showing that a diligent
effort has been made to ascertain the location of the non-custodial
parent, service of process or provision of notice necessary in the
case may be made at the last known address of the non-custodial
parent in any manner expressly provided by the Code of Civil
Procedure or this Act, which service shall be sufficient for purposes
of due process.
(i) An order for support shall include a date on which the
current support obligation terminates. The termination date shall be
no earlier than the date on which the child covered by the order will
attain the age of majority or is otherwise emancipated. The order
for support shall state that the termination date does not apply to
any arrearage that may remain unpaid on that date. Nothing in this
subsection shall be construed to prevent the court from modifying the
order.
(j) An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and to the
clerk of court within 10 days each time the obligor obtains new
employment, and each time the obligor's employment is terminated for
any reason. The report shall be in writing and shall, in the case of
new employment, include the name and address of the new employer.
Failure to report new employment or the termination of current
employment, if coupled with nonpayment of support for a period in
excess of 60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be set in
the amount of the child support that should have been paid during the
period of unreported employment. An order entered under this Section
shall also include a provision requiring the obligor and obligee
parents to advise each other of a change in residence within 5 days
of the change except when the court finds that the physical, mental,
HOUSE OF REPRESENTATIVES 4131
or emotional health of a party or that of a minor child, or both,
would be seriously endangered by disclosure of the party's address.
(Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 90-655, eff.
7-30-98.)
Section 985. The Business Corporation Act of 1983 is amended by
changing Section 1.25 as follows:
(805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
Sec. 1.25. List of corporations; exchange of information.
(a) The Secretary of State shall publish each year a list of
corporations filing an annual report for the preceding year in
accordance with the provisions of this Act, which report shall state
the name of the corporation and the respective names and addresses of
the president, secretary, and registered agent thereof and the
address of the registered office in this State of each such
corporation. The Secretary of State shall furnish without charge a
copy of such report to each recorder of this State, and to each
member of the General Assembly and to each State agency or department
requesting the same. The Secretary of State shall, upon receipt of a
written request and a fee as determined by the Secretary, furnish
such report to anyone else.
(b) (1) The Secretary of State shall publish daily a list of all
newly formed corporations, business and not for profit, chartered by
him on that day issued after receipt of the application. The daily
list shall contain the same information as to each corporation as is
provided for the corporation list published under subsection (a) of
this Section. The daily list may be obtained at the Secretary's
office by any person, newspaper, State department or agency, or local
government for a reasonable charge to be determined by the Secretary.
Inspection of the daily list may be made at the Secretary's office
during normal business hours without charge by any person, newspaper,
State department or agency, or local government.
(2) The Secretary shall compile the daily list mentioned in
paragraph (1) of subsection (b) of this Section monthly, or more
often at the Secretary's discretion. The compilation shall be
immediately mailed free of charge to all local governments requesting
in writing receipt of such publication, or shall be automatically
mailed by the Secretary without charge to local governments as
determined by the Secretary. The Secretary shall mail a copy of the
compilations free of charge to all State departments or agencies
making a written request. A request for a compilation of the daily
list once made by a local government or State department or agency
need not be renewed. However, the Secretary may request from time to
time whether the local governments or State departments or agencies
desire to continue receiving the compilation.
(3) The compilations of the daily list mentioned in paragraph
(2) of subsection (b) of this Section shall be mailed to newspapers,
or any other person not included as a recipient in paragraph (2) of
subsection (b) of this Section, upon receipt of a written application
signed by the applicant and accompanied by the payment of a fee as
determined by the Secretary.
(c) If a domestic or foreign corporation has filed with the
Secretary of State an annual report for the preceding year or has
been newly formed or is otherwise and in any manner registered with
the Secretary of State, the Secretary of State shall exchange with
the Illinois Department of Public Aid any information concerning that
corporation that may be necessary for the enforcement of child
support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate
Family Support Act, or the Illinois Parentage Act of 1984.
4132 JOURNAL OF THE [May 12, 1999]
Notwithstanding any provisions in this Act to the contrary, the
Secretary of State shall not be liable to any person for any
disclosure of information to the Illinois Department of Public Aid
under this subsection or for any other action taken in good faith to
comply with the requirements of this subsection.
(Source: P.A. 90-18, eff. 7-1-97.)
Section 990. The Limited Liability Company Act is amended by
changing Section 50-5 as follows:
(805 ILCS 180/50-5)
Sec. 50-5. List of limited liability companies; exchange of
information.
(a) The Secretary of State may publish a list or lists of
limited liability companies and foreign limited liability companies,
as often, in the format, and for the fees as the Secretary of State
may in his or her discretion provide by rule. The Secretary of State
may disseminate information concerning limited liability companies
and foreign limited liability companies by computer network in the
format and for the fees as may be determined by rule.
(b) Upon written request, any list published under subsection
(a) shall be free to each member of the General Assembly, to each
State agency or department, and to each recorder in this State. An
appropriate fee established by rule to cover the cost of producing
the list shall be charged to all others.
(c) If a domestic or foreign limited liability company has filed
with the Secretary of State an annual report for the preceding year
or has been newly formed or is otherwise and in any manner registered
with the Secretary of State, the Secretary of State shall exchange
with the Illinois Department of Public Aid any information concerning
that limited liability company that may be necessary for the
enforcement of child support orders entered pursuant to the Illinois
Public Aid Code, the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the Non-Support
Punishment Act, the Revised Uniform Reciprocal Enforcement of Support
Act, the Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984.
Notwithstanding any provisions in this Act to the contrary, the
Secretary of State shall not be liable to any person for any
disclosure of information to the Illinois Department of Public Aid
under this subsection or for any other action taken in good faith to
comply with the requirements of this subsection.
(Source: P.A. 90-18, eff. 7-1-97.)
(750 ILCS 15/Act rep.)
Section 992. Repealer. The Non-Support of Spouse and Children
Act is repealed.
Section 995. Certain actions to be determined under prior law.
An action that was commenced under the Non-Support of Spouse and
Children Act and is pending on the effective date of this Act shall
be decided in accordance with the Non-Support of Spouse and Children
Act as it existed immediately before its repeal by this Act.
Section 999. Effective date. This Act takes effect on October
1, 1999.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 3
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL ON THIRD READING
HOUSE OF REPRESENTATIVES 4133
The following bill and any amendments adopted thereto was printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Lang, SENATE BILL 19 was taken up and
read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 24)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
SENATE BILLS ON SECOND READING
SENATE BILL 1061. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on State
Government Administration, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1061
AMENDMENT NO. 1. Amend Senate Bill 1061 by replacing the title
with the following:
"AN ACT regarding the delivery of medical services in
correctional institutions and facilities."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Department
of Corrections Medical Services Continuity Act.
Section 5. Legislative findings; declaration of policy.
(a) The purpose of this Act is to provide for continuity of
medical services in correctional institutions and facilities,
including juvenile facilities, under the maintenance and control of
the Department of Corrections. The Department of Corrections is
mandated to maintain and administer all State correctional
institutions and facilities, including juvenile facilities. The
Department of Corrections is required to provide medical and dental
services, including mental health services, to all incarcerated
persons in the correctional institutions and facilities, including
the juvenile facilities, under its maintenance and control. In
certain instances, contracts are entered into with private entities
(contractors) for the purposes of providing those medical and dental
services, including mental health services. From time to time, under
and in accordance with the contracting and bidding requirements of
State law, the identity of the contractor or contractors providing
those services is changed or the Department of Corrections resumes
providing those medical, mental health, or dental services.
(b) The General Assembly finds that disruption in the provision
of medical and dental services, including mental health services, to
incarcerated persons in correctional institutions and facilities,
including juvenile facilities, of this State is detrimental to the
operation of those facilities, including the maintenance of security
in those facilities. The General Assembly further finds that such
disruption will be less likely if there is a transition employment
period when a new contractor replaces a previous contractor in
providing medical, dental, or mental health services in correctional
institutions and facilities, including juvenile facilities, of this
4134 JOURNAL OF THE [May 12, 1999]
State.
(c) It is hereby declared to be the policy of the State of
Illinois that there shall be a transition employment period when a
new contractor replaces a previous contractor in providing medical,
dental, or mental health services in correctional institutions and
facilities, including juvenile facilities, under the maintenance and
control of the Department of Corrections.
Section 10. Definitions. As used in this Act:
"Contractor" means an individual or entity having a written or
oral agreement to provide covered services in a correctional
facility. "Contractor" includes a subcontractor. "Contractor"
includes the Department of Corrections under the circumstances set
forth in the definition of "new contractor".
"Correctional facility" means a correctional institution or
facility, including a juvenile facility, under the maintenance and
control of the Department of Corrections.
"Covered services" mean the medical, dental, or mental health
services provided by a contractor and includes all services, both
direct and indirect, provided in connection with those services.
"Employee" means a person employed by a contractor other than a
person employed in a bona fide supervisory or managerial position as
defined by applicable law.
"New contractor" means a contractor with written or oral contract
to provide covered services in a correctional facility that were
previously provided by a previous contractor or that will no longer
be provided by a previous contractor when the previous contractor's
contract expires. The Department of Corrections shall be deemed to
be a "new contractor" for purposes of this Act when the Department of
Corrections resumes providing covered services that were previously
provided by a previous contractor.
"Previous contractor" means a contractor who had or has an oral
or written contract to provide covered services but whose contract
has expired or is expiring.
Section 15. Transition employment period.
(a) If there is a collective bargaining agreement in effect with
the new contractor on the effective date of the new contract which
covers employees of the previous contractor, this Section shall not
apply to the new contractor.
(b) A new contractor shall employ, for a 90-day transition
employment period, employees who had been employed by or were on the
payroll of the previous contractor on the last working day
immediately preceding the effective date of the contract of the new
contractor.
(c) A new contractor who is awarded an oral or written contract
to provide covered services shall maintain, for a 90-day transition
employment period, the hours, wages, benefits, and all other terms
and working conditions in effect for employees employed by or on the
payroll of the previous contractor on the last working day
immediately preceding the effective date of the contract of the new
contractor.
(d) No later than 10 days after a contract is awarded to a new
contractor, the previous contractor shall make available to the new
contractor the names of all employees of the previous contractor, the
date each employee was hired, each employee's occupation
classification, and each employee's wages, hours, benefits, and other
terms and working conditions.
(e) If, at any time, the new contractor determines that fewer
employees are required to perform the covered services than were
employed by the previous contractor, the new contractor shall retain
employees by seniority within job classifications.
(f) During the 90-day transition employment period, the new
HOUSE OF REPRESENTATIVES 4135
contractor shall maintain a preferential hiring list of employees not
retained by the new contractor from which the new contractor shall
hire any additional employees as needed by the new contractor.
(g) Except as provided in subsection (e), the new contractor may
not discharge an employee during the 90-day transition employment
period without just cause.
Section 20. Other requirements.
(a) No contractor shall receive a contract to provide covered
services unless the contractor has agreed to comply with this Act.
(b) All contracts for the provision of covered services shall
include the requirements set forth in Section 15 and an agreement by
the contractor to comply with this Act.
Section 25. Enforcement.
(a) If a person violates any provision of this Act, the State of
Illinois or the Department of Corrections may take any action
necessary to compel compliance, including but not limited to,
instituting a civil action for injunctive relief, specific
performance, or damages or a combination of those remedies.
(b) If the State of Illinois or the Department of Corrections
brings an action to enforce this Act, any person, organization, or
association with a direct interest in compliance with this Act may
join in that enforcement action as a real party in interest.
(c) If the State of Illinois or the Department of Corrections
declines to institute an action for enforcement for violation of the
transition employment period provisions of this Act, any person,
organization, or association with a direct interest in compliance
with this Act may institute a civil action on his or her or its own
behalf and on behalf of the State of Illinois for injunctive relief,
specific performance, or damages or a combination of those remedies.
(d) Monetary damages for violation of this Act shall include:
(i) For each employee discharged or removed from employment
in violation of this Act or not offered re-employment as required
by this Act, an amount equal to the salary or wages that the
employee would have received but for the violation of this Act.
(ii) For each employee whose wages, hours, benefits, or
other terms and working conditions are altered in violation of
this Act, an amount measured by the difference between the salary
or wages or monetary value of benefits received and the amount
that the employee would have received but for the violation of
this Act.
(iii) In view of the difficulty in determining actual
damages incurred as a result of a violation of this Act with
respect to certain working conditions, liquidated damages in the
amount of $25 per day for each employee who has been affected by
a violation of this Act or in an amount equal to the damages
awarded under items (i) and (ii) above, whichever is greater.
(iv) Reasonable attorney's fees and costs.
Section 90. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect on September 1,
1999.".
Representative Fowler offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO SENATE BILL 1061
AMENDMENT NO. 2. Amend Senate Bill 1061, AS AMENDED, in Section
15, by replacing subsection (a) with the following:
"(a) If a labor organization is the exclusive bargaining agent
4136 JOURNAL OF THE [May 12, 1999]
of the new contractor's employees on the effective date of the new
contract, this Act shall not apply to the new contractor."; and
in Section 99, by changing "on September 1, 1999" to "upon becoming
law".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were adopted and the bill, as amended, was advanced
to the order of Third Reading.
SENATE BILL 460. Having been recalled on April 28, 1999, and
held on the order of Second Reading, the same was again taken up.
Floor Amendment No. 2 remained in the Committee on Rules.
Representative Lang offered the following amendments and moved
their adoption:
AMENDMENT NO. 3 TO SENATE BILL 460
AMENDMENT NO. 3. Amend Senate Bill 460, AS AMENDED, in the title
and in the introductory clause of Section 5, by changing "Section
5-105" each time it appears to "Sections 2-1101 and 5-105"; and
in Section 5, by inserting after the introductory clause the
following:
"(735 ILCS 5/2-1101) (from Ch. 110, par. 2-1101)
Sec. 2-1101. Subpoenas. The clerk of any court in which an action
is pending shall, from time to time, issue subpoenas for those
witnesses and to those counties in the State as may be required by
either party. Every clerk who shall refuse so to do shall be guilty
of a petty offense and fined any sum not to exceed $100. An order of
court is not required to obtain the issuance by the clerk of a
subpoena duces tecum. For good cause shown, the court on motion may
quash or modify any subpoena or, in the case of a subpoena duces
tecum, condition the denial of the motion upon payment in advance by
the person in whose behalf the subpoena is issued of the reasonable
expense of producing any item therein specified.
In the event that a party has subpoenaed an expert witness
including, but not limited to physicians or medical providers, and
the expert witness appears in court, and a conflict arises between
the party subpoenaing the expert witness and the expert witness over
the fees charged by the expert witness, the trial court shall be
advised of the conflict. The trial court shall conduct a hearing
subsequent to the testimony of the expert witness, and shall
determine the reasonable fee to be paid to the expert witness, and
shall order payment by the subpoenaing party to the expert witness.
(Source: P.A. 87-418.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 3
was adopted and the bill, as amended, was again advanced to the order
of Third Reading.
SENATE BILL 53. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Urban
Revitilization, adopted and printed:
HOUSE OF REPRESENTATIVES 4137
AMENDMENT NO. 1 TO SENATE BILL 53
AMENDMENT NO. 1. Amend Senate Bill 53 on page 1, by replacing
lines 1 and 2 with the following:
"AN ACT relating to tax increment financing."; and
on page 25, below line 6, by inserting the following:
"Section 10. The Economic Development Project Area Tax Increment
Allocation Act of 1995 is amended by changing Sections 5 and 10 as
follows:
(65 ILCS 110/5)
Sec. 5. Legislative Declaration.
(a) The General Assembly finds, determines, and declares the
following:
(1) Actions taken by the Secretary of Defense to close
military installations under Title II of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note), the Defense Base
Closure and Realignment Act of 1990 (part A of Title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note), or Section 2687 of
Title 10 of the United States Code (10 U.S.C. 2687), and actions
taken by the Secretary of the Army to transfer military
installations pursuant to the Illinois Land Conservation Act
(Title XXIX of Public Law 104-106; 16 U.S.C. 1609), as
supplemented and amended, have an adverse socioeconomic impact
upon the State residents due to the loss of civilian job
opportunities, the transfer of permanently stationed military
personnel, the decline in population, the vacancy of existing
buildings, structures, residential housing units and other
facilities, the burden of assuming and maintaining existing
utility systems, and the erosion of the State's economic base.
(2) The redevelopment and reuse by the public and private
sectors of any military installation closed by the Secretary of
Defense and converted to civilian use is impaired due to little
or no platting of any of the land, deleterious land use and
layout, lack of community planning, depreciation of physical
maintenance, presence of structures below minimum code standards,
excessive vacancies, lack of adequate utility services and need
to improve transportation facilities.
(3) The closing of military installations within the State
is a serious menace to the health, safety, morals, and general
welfare of the people of the entire State.
(4) Protection against the economic burdens associated with
the closing of military installations, the consequent spread of
economic stagnation, the impairments to redevelopment and reuse,
and the resulting harm to the tax base of the State can best be
provided by promoting, attracting and stimulating commerce,
industry, manufacturing and other public and private sector
investment within the State.
(5) The continual encouragement, redevelopment, reuse,
growth, and expansion of commercial businesses, industrial and
manufacturing facilities and other public and private investment
on closed military installations within the State requires a
cooperative and continuous partnership between government and the
private sector.
(6) The State has a responsibility to create a favorable
climate for new and improved job opportunities for its citizens
and to increase the tax base of the State and its political
subdivisions by encouraging the redevelopment and reuse by the
public and private sectors of new commercial businesses,
industrial and manufacturing facilities, and other civilian uses
with respect to the vacant buildings, structures, residential
4138 JOURNAL OF THE [May 12, 1999]
housing units, and other facilities on closed military
installations within the State.
(7) The lack of redevelopment and reuse of closed military
installations within the State has persisted, despite efforts of
State and local authorities and private organizations to attract
new commercial businesses, industrial and manufacturing
facilities and other public and private sector investment for
civilian use to closed military installations within the State.
(8) The economic burdens associated with the closing of
military installations within the State may continue and worsen
if the State and its political subdivisions are not able to
provide additional incentives to commercial businesses,
industrial and manufacturing facilities, and other public and
private investment for civilian use to locate on closed military
installations within the State.
(9) The provision of additional incentives by the State and
its political subdivisions is intended to relieve conditions of
unemployment, create new job opportunities, increase industry and
commerce, increase the tax base of the State and its political
subdivisions, and alleviate vacancies and conditions leading to
deterioration and blight on closed military installations within
the State, thereby creating job opportunities and eradicating
deteriorating and blighting conditions for the residents of the
State and reducing the evils attendant upon unemployment and
blight.
(b) It is hereby declared to be the policy of the State, in the
interest of promoting the health, safety, morals, and general welfare
of all the people of the State, to provide incentives that will
create new job opportunities and eradicate potentially blighted
conditions on closed military installations within the State, and it
is further declared that the relief of conditions of unemployment,
the creation of new job opportunities, the increase of industry and
commerce within the State, the alleviation of vacancies and
conditions leading to deterioration and blight, the reduction of the
evils of unemployment, and the increase of the tax base of the State
and its political subdivisions are public purposes and for the public
safety, benefit, and welfare of the residents of this State.
(Source: P.A. 89-176, eff. 1-1-96; 90-655, eff. 7-30-98.)
(65 ILCS 110/10)
Sec. 10. Definitions. In this Act, words or terms have the
following meanings:
(a) "Closed military installation" means a former base, camp,
post, station, yard, center, homeport facility for any ship, or other
activity under the jurisdiction of the United States Department of
the Defense which is not less in the aggregate than 500 acres and
which is closed or in the process of being closed by the Secretary of
Defense under and pursuant to Title II of the Defense Base Closure
and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note), The
Defense Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note), or Section 2687 of
Title 10 of the United States Code (10 U.S.C. 2687), or that has been
transferred or is in the process of being transferred by the
Secretary of the Army pursuant to the Illinois Land Conservation Act
(Title XXIX of Public Law 104-106; 16 U.S.C. 1609), as each may be
further supplemented or amended.
(b) "Economic development plan" means the written plan of a
municipality that sets forth an economic development program for an
economic development project area. Each economic development plan
shall include but not be limited to (i) estimated economic
development project costs, (ii) the sources of funds to pay those
costs, (iii) the nature and term of any obligations to be issued by
HOUSE OF REPRESENTATIVES 4139
the municipality to pay those costs, (iv) the most recent equalized
assessed valuation of the economic development project area, (v) an
estimate of the equalized assessed valuation of the economic
development project area after completion of an economic development
project, (vi) the estimated date of completion of any economic
development project proposed to be undertaken, (vii) a general
description of the types of any proposed developers, users, or
tenants of any property to be located or improved within the economic
development project area, (viii) a description of the type,
structure, and general character of the facilities to be developed or
improved, (ix) a description of the general land uses to apply in the
economic development project area, (x) a general description or an
estimate of the type, class, and number of employees to be employed
in the operation of the facilities to be developed or improved, and
(xi) a commitment by the municipality to fair employment practices
and an affirmative action plan regarding any economic development
program to be undertaken by the municipality.
(c) "Economic development project" means any development project
furthering the objectives of this Act.
(d) "Economic development project area" means any improved or
vacant area that (i) is within or partially within or is and
contiguous to the boundaries of a closed military installation as
defined in subsection (a) of this Section, (ii) is located entirely
within the territorial limits of a municipality, (iii) is contiguous,
(iv) is not less in the aggregate than 1 1/2 acres, (v) is suitable
for siting by a commercial, manufacturing, industrial, research,
transportation or residential housing enterprise or facilities to
include but not be limited to commercial businesses, offices,
factories, mills, processing plants, industrial or commercial
distribution centers, warehouses, repair overhaul or service
facilities, freight terminals, research facilities, test facilities,
transportation facilities or single or multi-family residential
housing units, regardless of whether the area has been used at any
time for those facilities and regardless of whether the area has been
used or is suitable for other uses and (vi) has been approved and
certified by the corporate authorities of the municipality pursuant
to this Act.
(e) "Economic development project costs" means and includes the
total of all reasonable or necessary costs incurred or to be incurred
under an economic development project, including, without limitation,
the following:
(1) Costs of studies, surveys, development of plans and
specifications, and implementation and administration of an
economic development plan and personnel and professional service
costs for architectural, engineering, legal, marketing, financial
planning, police, fire, public works, public utility, or other
services. No charges for professional services, however, may be
based on a percentage of incremental tax revenues.
(2) Property assembly costs within an economic development
project area, including but not limited to acquisition of land
and other real or personal property or rights or interests in
property.
(3) Site preparation costs, including but not limited to
clearance of any area within an economic development project area
by demolition or removal of any existing buildings, structures,
fixtures, utilities, and improvements and clearing and grading;
and including installation, repair, construction, reconstruction,
extension or relocation of public streets, public utilities, and
other public site improvements located outside the boundaries of
an economic development project area that are essential to the
preparation of the economic development project area for use with
4140 JOURNAL OF THE [May 12, 1999]
an economic development plan.
(4) Costs of renovation, rehabilitation, reconstruction,
relocation, repair, or remodeling of any existing buildings,
improvements, equipment, and fixtures within an economic
development project area.
(5) Costs of installation or construction within an
economic development project area of any buildings, structures,
works, streets, improvements, equipment, utilities, or fixtures,
whether publicly or privately owned or operated.
(6) Financing costs, including but not limited to all
necessary and incidental expenses related to the issuance of
obligations, payment of any interest on any obligations issued
under this Act that accrues during the estimated period of
construction of any economic development project for which the
obligations are issued and for not more than 36 months after that
period, and any reasonable reserves related to the issuance of
the obligations.
(7) All or a portion of a taxing district's capital or
operating costs resulting from an economic development project
necessarily incurred or estimated to be incurred by a taxing
district in the furtherance of the objectives of an economic
development project, to the extent that the municipality, by
written agreement, accepts and approves those costs.
(8) Relocation costs to the extent that a municipality
determines that relocation costs shall be paid or is required to
pay relocation costs by federal or State law.
(9) The estimated tax revenues from real property in an
economic development project area acquired by a municipality in
furtherance of an economic development project under this Act
that, according to the economic development plan, is to be used
for a private use (i) that any taxing district would have
received had the municipality not adopted tax increment
allocation financing for an economic development project area and
(ii) that would result from the taxing district's levies made
after the time of the adoption by the municipality of tax
increment allocation financing to the time the current equalized
assessed value of real property in the economic development
project area exceeds the total initial equalized value of real
property.
(10) Costs of rebating ad valorem taxes paid by any
developer or other nongovernmental person in whose name the
general taxes were paid for the last preceding year on any lot,
block, tract, or parcel of land in the economic development
project area, provided that:
(A) the economic development project area is located
in an enterprise zone created under the Illinois Enterprise
Zone Act;
(B) the ad valorem taxes shall be rebated only in
amounts and for a tax year or years as the municipality and
any one or more affected taxing districts have agreed by
prior written agreement;
(C) any amount of rebate of taxes shall not exceed the
portion, if any, of taxes levied by the municipality or
taxing district or districts that is attributable to the
increase in the current equalized assessed valuation of each
taxable lot, block, tract, or parcel of real property in the
economic development project area over and above the initial
equalized assessed value of each property existing at the
time property tax allocation financing was adopted for the
economic development project area; and
(D) costs of rebating ad valorem taxes shall be paid
HOUSE OF REPRESENTATIVES 4141
by a municipality solely from the special tax allocation
fund established under this Act and shall not be paid from
the proceeds of any obligations issued by a municipality.
(11) Costs of job training or advanced vocational or career
education, including but not limited to courses in occupational,
semi-technical, or technical fields leading directly to
employment, incurred by one or more taxing districts, but only if
the costs are related to the establishment and maintenance of
additional job training, advanced vocational education, or career
education programs for persons employed or to be employed by
employers located in the economic development project area and
only if, when the costs are incurred by a taxing district or
taxing districts other than the municipality, they shall be set
forth in a written agreement by or among the municipality and the
taxing district or taxing districts that describes the program to
be undertaken, including without limitation the number of
employees to be trained, a description of the training and
services to be provided, the number and type of positions
available or to be available, itemized costs of the program and
sources of funds to pay the costs, and the term of the agreement.
These costs include, specifically, the payment by community
college districts of costs pursuant to Sections 3-37, 3-38, 3-40
and 3-40.1 of the Public Community College Act and by school
districts of costs pursuant to Sections 10-22.20 and 10-23.3a of
the School Code.
(12) Private financing costs incurred by a developer or
other nongovernmental person in connection with an economic
development project, provided that:
(A) private financing costs shall be paid or
reimbursed by a municipality only pursuant to the prior
official action of the municipality evidencing an intent to
pay or reimburse such private financing costs;
(B) except as provided in subparagraph (D), the
aggregate amount of the costs paid or reimbursed by a
municipality in any one year shall not exceed 30% of the
costs paid or incurred by the developer or other
nongovernmental person in that year;
(C) private financing costs shall be paid or
reimbursed by a municipality solely from the special tax
allocation fund established under this Act and shall not be
paid from the proceeds of any obligations issued by a
municipality; and
(D) if there are not sufficient funds available in the
special tax allocation fund in any year to make the payment
or reimbursement in full, any amount of the interest costs
remaining to be paid or reimbursed by a municipality shall
accrue and be payable when funds are available in the
special tax allocation fund to make the payment.
If a special service area has been established under the Special
Service Area Tax Act, then any tax increment revenues derived from
the tax imposed pursuant to the Special Service Area Tax Act may be
used within the economic development project area for the purposes
permitted by that Act as well as the purposes permitted by this Act.
(f) "Municipality" means a city, village, or incorporated town.
(g) "Obligations" means any instrument evidencing the obligation
of a municipality to pay money, including without limitation bonds,
notes, installment or financing contracts, certificates, tax
anticipation warrants or notes, vouchers, and any other evidences of
indebtedness.
(h) "Taxing districts" means counties, townships, and school,
road, park, sanitary, mosquito abatement, forest preserve, public
4142 JOURNAL OF THE [May 12, 1999]
health, fire protection, river conservancy, tuberculosis sanitarium,
and any other districts or other municipal corporations with the
power to levy taxes.
(Source: P.A. 89-176, eff. 1-1-96.)".
Representative Currie offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO SENATE BILL 53
AMENDMENT NO. 2. Amend Senate Bill 53, AS AMENDED, by replacing
the title with the following:
"AN ACT concerning local government economic development."; and
by inserting immediately below the enacting clause the following:
"Section 3. The Illinois Enterprise Zone Act is amended by
changing Section 5.3 as follows:
(20 ILCS 655/5.3) (from Ch. 67 1/2, par. 608)
Sec. 5.3. Certification of Enterprise Zones; Effective date.
(a) Approval of designated Enterprise Zones shall be made by the
Department by certification of the designating ordinance. The
Department shall promptly issue a certificate for each Enterprise
Zone upon its approval. The certificate shall be signed by the
Director of the Department, shall make specific reference to the
designating ordinance, which shall be attached thereto, and shall be
filed in the office of the Secretary of State. A certified copy of
the Enterprise Zone Certificate, or a duplicate original thereof,
shall be recorded in the office of recorder of deeds of the county in
which the Enterprise Zone lies.
(b) An Enterprise Zone shall be effective upon its
certification. The Department shall transmit a copy of the
certification to the Department of Revenue, and to the designating
municipality or county.
Upon certification of an Enterprise Zone, the terms and
provisions of the designating ordinance shall be in effect, and may
not be amended or repealed except in accordance with Section 5.4.
(c) An Enterprise Zone shall be in effect for 30 20 calendar
years, or for a lesser number of years specified in the certified
designating ordinance. Enterprise Zones shall terminate at midnight
of December 31 of the final calendar year of the certified term,
except as provided in Section 5.4. In Vermilion County, however, an
enterprise zone shall be in effect for 30 calendar years or for a
lesser number of years specified in the certified designating
ordinance.
(d) No more than 12 Enterprise Zones may be certified by the
Department in calendar year 1984, no more than 12 Enterprise Zones
may be certified by the Department in calendar year 1985, no more
than 13 Enterprise Zones may be certified by the Department in
calendar year 1986, no more than 15 Enterprise Zones may be certified
by the Department in calendar year 1987, and no more than 20
Enterprise Zones may be certified by the Department in calendar year
1990. In other calendar years, no more than 13 Enterprise Zones may
be certified by the Department. The Department may also designate up
to 8 additional Enterprise Zones outside the regular application
cycle if warranted by the extreme economic circumstances as
determined by the Department. The Department may also designate one
additional Enterprise Zone outside the regular application cycle if
an aircraft manufacturer agrees to locate an aircraft manufacturing
facility in the proposed Enterprise Zone. Notwithstanding any other
provision of this Act, no more than 89 Enterprise Zones may be
certified by the Department for the 10 calendar years commencing with
HOUSE OF REPRESENTATIVES 4143
1983. The 7 additional Enterprise Zones authorized by Public Act
86-15 shall not lie within municipalities or unincorporated areas of
counties that abut or are contiguous to Enterprise Zones certified
pursuant to this Section prior to June 30, 1989. The 7 additional
Enterprise Zones (excluding the additional Enterprise Zone which may
be designated outside the regular application cycle) authorized by
Public Act 86-1030 shall not lie within municipalities or
unincorporated areas of counties that abut or are contiguous to
Enterprise Zones certified pursuant to this Section prior to February
28, 1990. In any calendar year, the Department may not certify more
than 3 Zones located within the same municipality. The Department may
certify Enterprise Zones in each of the 10 calendar years commencing
with 1983. The Department may not certify more than a total of 18
Enterprise Zones located within the same county (whether within
municipalities or within unincorporated territory) for the 10
calendar years commencing with 1983. Thereafter, the Department may
not certify any additional Enterprise Zones, but may amend and
rescind certifications of existing Enterprise Zones in accordance
with Section 5.4.
(e) Notwithstanding any other provision of law, if (i) the
county board of any county in which a current military base is
located, in part or in whole, or in which a military base that has
been closed within 20 years of the effective date of this amendatory
Act of 1998 is located, in part or in whole, adopts a designating
ordinance in accordance with Section 5 of this Act to designate the
military base in that county as an enterprise zone and (ii) the
property otherwise meets the qualifications for an enterprise zone as
prescribed in Section 4 of this Act, then the Department may certify
the designating ordinance or ordinances, as the case may be.
(Source: P.A. 90-657, eff. 7-30-98.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were adopted and the bill, as amended, was advanced
to the order of Third Reading.
SENATE BILL 458. Having been printed, was taken up and read by
title a second time.
Representative Winters offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 458
AMENDMENT NO. 1. Amend Senate Bill 458 on page 4, by replacing
lines 4 through 14 with the following:
"Section 30. Exemption from civil liability.
(a) A physician licensed in Illinois to practice medicine in all
its branches who authorizes the purchase of an automated external
defibrillator is not liable for civil damages as a result of any act
or omission arising out of authorizing the purchase of an automated
external defibrillator, except for willful or wanton misconduct, if
the requirements of this Act are met.
(b) An individual or entity providing training in the use of
automated external defibrillators is not liable for civil damages as
a result of any act or omission involving the use of an automated
external defibrillator, except for willful or wanton misconduct, if
the requirements of this Act are met.
(c) A person owning, occupying, or managing the premises where
4144 JOURNAL OF THE [May 12, 1999]
an automated external defibrillator is located is not liable for
civil damages as a result of any act or omission involving the use of
an automated external defibrillator, except for willful or wanton
misconduct, if the requirements of this Act are met.
(d) A trained AED user is not liable for civil damages as a
result of any act or omission involving the use of an automated
external defibrillator in an emergency situation, except for willful
or wanton misconduct, if the requirements of this Act are met.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL ON THIRD READING
The following bill and any amendments adopted thereto was printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Novak, SENATE BILL 496 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
88, Yeas; 24, Nays; 4, Answering Present.
(ROLL CALL 25)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
RECALLS
By unanimous consent, on motion of Representative Steve Davis,
SENATE BILL 163 was recalled from the order of Third Reading to the
order of Second Reading and held on that order.
SENATE BILLS ON THIRD READING
The following bill and any amendments adopted thereto was printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Granberg, SENATE BILL 564 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 26)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
RECALLS
By unanimous consent, on motion of Representative Holbrook,
SENATE BILL 1066 was recalled from the order of Third Reading to the
order of Second Reading and held on that order.
HOUSE OF REPRESENTATIVES 4145
SENATE BILLS ON SECOND READING
Having been printed, the following bills were taken up, read by
title a second time and held on the order of Second Reading: SENATE
BILLS 26, 171, 217, 235, 286, 351, 356, 369, 371, 391, 392, 415, 427,
436, 507, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 593,
594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 604, 605, 606, 607,
608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 621, 622,
623, 625, 627, 628, 629, 630, 631, 632, 656, 666, 668, 827, 839, 876,
877, 890, 910, 941, 949, 962, 980, 1002, 1003, 1007, 1008, 1009,
1010, 1011, 1015, 1017, 1018, 1019, 1020, 1028, 1079, 1080, 1104,
1128, 1131, 1203 and 1204.
At the hour of 4:00 o'clock p.m., Representative Beaubien moved
that the House do now adjourn until Thursday, May 13, 1999, at 12:00
o'clock Noon.
The motion prevailed.
And the House stood adjourned.
4146 JOURNAL OF THE [May 12, 1999]
NO. 1
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
MAY 12, 1999
0 YEAS 0 NAYS 117 PRESENT
P ACEVEDO P FOWLER P LINDNER P RIGHTER
P BASSI P FRANKS P LOPEZ P RONEN
P BEAUBIEN P FRITCHEY P LYONS,EILEEN P RUTHERFORD
P BELLOCK P GARRETT P LYONS,JOSEPH P RYDER
P BIGGINS P GASH P MATHIAS P SAVIANO
P BLACK P GIGLIO P MAUTINO P SCHMITZ
P BOLAND P GILES P McAULIFFE P SCHOENBERG
P BOST P GRANBERG P McCARTHY P SCOTT
P BRADLEY P HAMOS P McGUIRE P SCULLY
P BRADY P HANNIG P McKEON P SHARP
P BROSNAHAN P HARRIS P MEYER P SILVA
P BRUNSVOLD P HARTKE P MITCHELL,BILL P SKINNER
P BUGIELSKI P HASSERT P MITCHELL,JERRYP SLONE
P BURKE P HOEFT P MOFFITT P SMITH
P CAPPARELLI P HOFFMAN P MOORE P SOMMER
P COULSON P HOLBROOK P MORROW P STEPHENS
P COWLISHAW P HOWARD P MULLIGAN P STROGER
P CROSS P HULTGREN P MURPHY P TENHOUSE
P CROTTY P JOHNSON,TIM P MYERS P TURNER,ART
P CURRIE P JOHNSON,TOM P NOVAK P TURNER,JOHN
P CURRY P JONES,JOHN P O'BRIEN P WAIT
P DANIELS P JONES,LOU P O'CONNOR P WINKEL
P DART P JONES,SHIRLEY P OSMOND P WINTERS
P DAVIS,MONIQUE P KENNER P PANKAU P WIRSING
E DAVIS,STEVE P KLINGLER P PARKE P WOJCIK
P DELGADO P KOSEL P PERSICO P WOOLARD
P DURKIN P KRAUSE P POE P YOUNGE
P ERWIN P LANG P PUGH P ZICKUS
P FEIGENHOLTZ P LAWFER P REITZ P MR. SPEAKER
P FLOWERS P LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4147
NO. 2
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 321
HLTH FACLTY PLAN BD-REPORT
THIRD READING
PASSED
MAY 12, 1999
117 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
4148 JOURNAL OF THE [May 12, 1999]
NO. 3
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 749
BUSINESS BROKER LIENS
THIRD READING
PASSED
MAY 12, 1999
117 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4149
NO. 4
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 800
DENTAL PRACT-DENTAL SERV DEF
THIRD READING
PASSED
MAY 12, 1999
99 YEAS 15 NAYS 1 PRESENT
Y ACEVEDO N FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD
Y BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS A GASH Y MATHIAS Y SAVIANO
Y BLACK N GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG N McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
N BROSNAHAN A HARRIS N MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT N SMITH
Y CAPPARELLI N HOFFMAN Y MOORE N SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS N HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN P O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU N O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL N PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
4150 JOURNAL OF THE [May 12, 1999]
NO. 5
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 24
PUBLIC UTILITIES-COGENERATION
THIRD READING
PASSED
MAY 12, 1999
82 YEAS 34 NAYS 1 PRESENT
Y ACEVEDO N FOWLER Y LINDNER N RIGHTER
N BASSI N FRANKS P LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD
N BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
N BLACK Y GIGLIO Y MAUTINO N SCHMITZ
N BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
N BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE N SCULLY
Y BRADY Y HANNIG N McKEON Y SHARP
N BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYN SLONE
Y BURKE N HOEFT N MOFFITT Y SMITH
Y CAPPARELLI N HOFFMAN Y MOORE N SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN Y STROGER
Y CROSS N HULTGREN Y MURPHY Y TENHOUSE
N CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY N JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU N O'CONNOR Y WINKEL
N DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
E DAVIS,STEVE N KLINGLER Y PARKE Y WOJCIK
Y DELGADO N KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4151
NO. 6
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 849
MHDD CD-TREATMENT PLANS
THIRD READING
PASSED
MAY 12, 1999
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE A KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
4152 JOURNAL OF THE [May 12, 1999]
NO. 7
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 441
COM-COL-NOTICE OF DISMISSAL
THIRD READING
PASSED
MAY 12, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO A FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY A HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4153
NO. 8
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 680
DHS-TANF-JOB SKILLS TRAINING
THIRD READING
PASSED
MAY 12, 1999
117 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
4154 JOURNAL OF THE [May 12, 1999]
NO. 9
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 648
SCH CD-CHARTER SCH-RULES-TECH
THIRD READING
PASSED
MAY 12, 1999
112 YEAS 5 NAYS 0 PRESENT
Y ACEVEDO N FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
N BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY N HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT N SMITH
Y CAPPARELLI N HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4155
NO. 10
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1029
ILL ADMIN PRO-RULE TEXT-DTABSE
THIRD READING
PASSED
MAY 12, 1999
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE A KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
4156 JOURNAL OF THE [May 12, 1999]
NO. 11
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1030
ADMIN PRO-RULES-STATUTORY CITE
THIRD READING
PASSED
MAY 12, 1999
117 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4157
NO. 12
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 384
TELECOM COMPETITION ENFORCEMNT
THIRD READING
LOST
MAY 12, 1999
45 YEAS 69 NAYS 3 PRESENT
Y ACEVEDO N FOWLER N LINDNER N RIGHTER
N BASSI N FRANKS Y LOPEZ Y RONEN
N BEAUBIEN N FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH N RYDER
N BIGGINS N GASH N MATHIAS N SAVIANO
N BLACK N GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES N McAULIFFE N SCHOENBERG
N BOST Y GRANBERG N McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE N SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
N BROSNAHAN Y HARRIS N MEYER P SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI N HASSERT N MITCHELL,JERRYN SLONE
Y BURKE N HOEFT N MOFFITT Y SMITH
Y CAPPARELLI N HOFFMAN Y MOORE N SOMMER
N COULSON Y HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN Y STROGER
N CROSS N HULTGREN Y MURPHY N TENHOUSE
N CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN
N CURRY N JONES,JOHN N O'BRIEN N WAIT
N DANIELS Y JONES,LOU N O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER N PANKAU N WIRSING
E DAVIS,STEVE N KLINGLER N PARKE N WOJCIK
P DELGADO N KOSEL N PERSICO Y WOOLARD
Y DURKIN N KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH N ZICKUS
P FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
4158 JOURNAL OF THE [May 12, 1999]
NO. 13
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 376
PROP TX-PTAB-HEARINGS-TECH
THIRD READING
PASSED
MAY 12, 1999
115 YEAS 0 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE A YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ P MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4159
NO. 14
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 215
SCH CD-MILITARY-DISSOLVE DIST
THIRD READING
PASSED
MAY 12, 1999
117 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
4160 JOURNAL OF THE [May 12, 1999]
NO. 15
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1148
DCCA-ECON DEVEL-TECH
THIRD READING
PASSED
MAY 12, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK A MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG A PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4161
NO. 16
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 287
DENTAL PRACTICE-NON DENTIST
THIRD READING
PASSED
MAY 12, 1999
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN A HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
4162 JOURNAL OF THE [May 12, 1999]
NO. 17
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 233
UPPER RIV VAL AUTH-EXMEPT BOND
THIRD READING
PASSED
MAY 12, 1999
114 YEAS 1 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
N BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK A MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG A PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4163
NO. 18
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 658
ORTHOTICS PRACTICE ACT
THIRD READING
PASSED
MAY 12, 1999
109 YEAS 7 NAYS 0 PRESENT
Y ACEVEDO N FOWLER Y LINDNER Y RIGHTER
Y BASSI N FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD
Y BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE N SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY N OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE A WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
4164 JOURNAL OF THE [May 12, 1999]
NO. 19
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 146
GO BOND VALIDATION-PA 85-1135
THIRD READING
PASSED
MAY 12, 1999
78 YEAS 39 NAYS 0 PRESENT
Y ACEVEDO N FOWLER Y LINDNER N RIGHTER
N BASSI N FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK N GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES N McAULIFFE Y SCHOENBERG
N BOST Y GRANBERG N McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE N SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
N BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI N HOFFMAN Y MOORE N SOMMER
Y COULSON N HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS N HULTGREN Y MURPHY Y TENHOUSE
N CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
N CURRY N JONES,JOHN N O'BRIEN N WAIT
Y DANIELS Y JONES,LOU N O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE N KLINGLER N PARKE Y WOJCIK
Y DELGADO N KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4165
NO. 20
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1075
INC TX-EDUCATION EXPENSE CR
THIRD READING
PASSED
VERIFIED ROLL CALL
MAY 12, 1999
62 YEAS 52 NAYS 3 PRESENT
Y ACEVEDO N FOWLER Y LINDNER N RIGHTER
N BASSI N FRANKS Y LOPEZ N RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK N GARRETT Y LYONS,JOSEPH N RYDER
Y BIGGINS N GASH Y MATHIAS Y SAVIANO
P BLACK N GIGLIO N MAUTINO Y SCHMITZ
Y BOLAND N GILES Y McAULIFFE N SCHOENBERG
N BOST Y GRANBERG Y McCARTHY N SCOTT
Y BRADLEY N HAMOS Y McGUIRE N SCULLY
Y BRADY N HANNIG Y McKEON N SHARP
Y BROSNAHAN N HARRIS N MEYER Y SILVA
N BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYN SLONE
Y BURKE Y HOEFT N MOFFITT N SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK N MORROW Y STEPHENS
Y COWLISHAW N HOWARD Y MULLIGAN Y STROGER
N CROSS Y HULTGREN N MURPHY Y TENHOUSE
N CROTTY N JOHNSON,TIM N MYERS N TURNER,ART
N CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
N CURRY N JONES,JOHN N O'BRIEN Y WAIT
Y DANIELS N JONES,LOU N O'CONNOR Y WINKEL
Y DART P JONES,SHIRLEY Y OSMOND Y WINTERS
N DAVIS,MONIQUE P KENNER Y PANKAU N WIRSING
E DAVIS,STEVE N KLINGLER Y PARKE Y WOJCIK
Y DELGADO N KOSEL N PERSICO N WOOLARD
Y DURKIN N KRAUSE Y POE N YOUNGE
Y ERWIN N LANG N PUGH Y ZICKUS
N FEIGENHOLTZ Y LAWFER N REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
4166 JOURNAL OF THE [May 12, 1999]
NO. 21
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 79
DAY LABOR SERVICES ACT
THIRD READING
PASSED
MAY 12, 1999
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM A MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4167
NO. 22
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 203
VEH CD-PRHBT LOCAL LAW-MTRCYCL
MOTION TO SUSTAIN THE CHAIR
PREVAILED
MAY 12, 1999
106 YEAS 10 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ N RONEN
Y BEAUBIEN A FRITCHEY N LYONS,EILEEN Y RUTHERFORD
Y BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS N GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE N SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY N HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYN SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN N STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
N ERWIN Y LANG Y PUGH Y ZICKUS
N FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
4168 JOURNAL OF THE [May 12, 1999]
NO. 23
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 203
VEH CD-PRHBT LOCAL LAW-MTRCYCL
THIRD READING
PASSED
MAY 12, 1999
103 YEAS 12 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ N RONEN
Y BEAUBIEN A FRITCHEY N LYONS,EILEEN Y RUTHERFORD
Y BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS N GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE N SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY N HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG P McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYN SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN N STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
N CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
N ERWIN Y LANG Y PUGH Y ZICKUS
N FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
N FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4169
NO. 24
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 19
CHILD SUPPORT PUNISHMENT ACT
THIRD READING
PASSED
MAY 12, 1999
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE A YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
4170 JOURNAL OF THE [May 12, 1999]
NO. 25
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 496
EPA ACT-LANDFILL IN FLOODPLAIN
THIRD READING
PASSED
MAY 12, 1999
88 YEAS 24 NAYS 4 PRESENT
Y ACEVEDO Y FOWLER P LINDNER Y RIGHTER
Y BASSI N FRANKS Y LOPEZ P RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD
Y BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS N GASH Y MATHIAS Y SAVIANO
N BLACK N GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND P GILES Y McAULIFFE N SCHOENBERG
N BOST Y GRANBERG N McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE N SCULLY
Y BRADY Y HANNIG N McKEON Y SHARP
Y BROSNAHAN A HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYN SLONE
Y BURKE N HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN N MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY N TENHOUSE
Y CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART
N CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY N JONES,JOHN N O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU N O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE N KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
P FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4171
NO. 26
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 564
SOS-BUSINESS SERVICES-FUND
THIRD READING
PASSED
MAY 12, 1999
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN A HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
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