4418 JOURNAL OF THE [May 14, 1999] HOUSE JOURNAL HOUSE OF REPRESENTATIVES NINETY-FIRST GENERAL ASSEMBLY 51ST LEGISLATIVE DAY FRIDAY, MAY 14, 1999 10:00 O'CLOCK A.M. The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Pastor John Hartleroad with the First United Methodist Church in Metropolis, Illinois. Representative Fowler 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: 116 present. (ROLL CALL 1) By unanimous consent, Representatives Klingler and Lang were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative O'Brien will replace Representative Fritchey in the Committee on Executive, for today only. Representative Brunsvold replaced Representative Bugielski in the Committee on Executive on May 12, 1999. LETTER OF TRANSMITTAL GENERAL ASSEMBLY STATE OF ILLINOIS May 14, 1999 Anthony D. Rossi Clerk of the House HOUSE OF REPRESENTATIVES 402 Capitol Building Springfield, IL 62706
HOUSE OF REPRESENTATIVES 4419 Dear Mr. Clerk: Please be advised that I have extended the Committee Deadline and Third Reading Deadline for Senate Bill 575 until May 21, 1999. If you have questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/MICHAEL J. MADIGAN Speaker of the House GENERAL ASSEMBLY STATE OF ILLINOIS May 14, 1999 Anthony D. Rossi Clerk of the House HOUSE OF REPRESENTATIVES 402 Capitol Building Springfield, IL 62706 Dear Mr. Clerk: Please be advised that I have extended the Committee Deadline and/or Third Reading Deadline for the following Senate Bills until May 21, 1999. HOUSE BILLS 26, 43, 55, 121, 286, 311, 349, 415, 452, 480, 646, 659, 736, 756, 827, 840, 876, 877, 890, 906, 933, 941, 956, 962, 1008, 1015, 1017, 1020, 1066, 1079, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1104, 1125 and 1131. If you have questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/MICHAEL J. MADIGAN Speaker of the House GENERAL ASSEMBLY STATE OF ILLINOIS May 14, 1999 Anthony D. Rossi Clerk of the House HOUSE OF REPRESENTATIVES 402 Capitol Building Springfield, IL 62706 Dear Mr. Clerk: Please be advised that I have extended the Third Reading Deadline for the attached Senate Bills until May 21, 1999.
4420 JOURNAL OF THE [May 14, 1999] If you have questions or require additional information, please contact Tim Mapes, my Chief of Staff. With kindest personal regards, I remain Sincerely yours, s/MICHAEL J. MADIGAN Speaker of the House SENATE BILLS 369, 371, 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 and 632. GENERAL ASSEMBLY STATE OF ILLINOIS May 14, 1999 Anthony D. Rossi Clerk of the House HOUSE OF REPRESENTATIVES 402 Capitol Building Springfield, IL 62706 Dear Mr. Clerk: Please be advised that I have extended the Committee Deadline and Third Reading Deadline for Senate Bill 801 until May 21, 1999. If you have questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/MICHAEL J. MADIGAN Speaker of the House RE-REFERRED TO THE COMMITTEE ON RULES The following bills were re-referred to the Committee on Rules pursuant to Rule 19(a): SENATE BILLS 11, 23, 32, 117, 217, 224, 272, 284, 288, 310, 336, 351, 355, 356, 368, 385, 427, 436, 507, 666, 668, 815, 839, 910, 937, 949, 980, 1002, 1003, 1007, 1011, 1019, 1046, 1080, 1084, 1128 and 1204. JOINT ACTION MOTIONS SUBMITTED Representative Novak 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 95. Representative Bassi 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 230. Representative Poe submitted the following written motion, which
HOUSE OF REPRESENTATIVES 4421 was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 251. Representative Eileen Lyons 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 424. Representative Tom Johnson 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 448. Representative Wojcik 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 471. Representative Winkel 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 777. Representative Winkel submitted the following written motion, which was referred to the Committee on Rules: MOTION #2 I move to concur with Senate Amendment No. 2 to HOUSE BILL 777. Representative Hoffman submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 878. Representative Eileen Lyons 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 934. Representative Cross 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 1061. Representative Hoffman 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 1162. Representative Hoffman 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 1164. Representative Hoffman 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 1165.
4422 JOURNAL OF THE [May 14, 1999] Representative Sommer 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 1193. Representative Bill Mitchell submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 1194. Representative Bill Mitchell submitted the following written motion, which was referred to the Committee on Rules: MOTION #2 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1194. Representative Bill Mitchell submitted the following written motion, which was referred to the Committee on Rules: MOTION #3 I move to concur with Senate Amendment No. 2 to HOUSE BILL 1194. Representative O'Connor 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 1195. Representative Smith 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 1261. Representative Bost 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 1282. Representative Cross 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 1286. Representative Durkin 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 1304. Representative Hoffman 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 1365. Representative Reitz 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 1366. Representative McGuire 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 1538.
HOUSE OF REPRESENTATIVES 4423 Representative Black 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 1657. Representative Leitch 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 1713. Representative Zickus 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 1759. Representative Saviano submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 1780. Representative Cross 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 1817. Representative Stephens 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 1832. Representative Bassi 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 1845. Representative Reitz 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 1863. Representative Hoffman 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 1871. Representative Wojcik 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 1909. Representative Righter submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 1972. Representative Moffitt submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE
4424 JOURNAL OF THE [May 14, 1999] BILL 2081. Representative Reitz 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 2085. Representative Tenhouse 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 2194. Representative Biggins 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 2218. 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 2255. Representative Tenhouse submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 2283. Representative Smith 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 2631. Representative Tenhouse 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 2724. Representative Cowlishaw submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #1 I move to non-concur with Senate Amendments numbered 2 and 3 to HOUSE BILL 134. Representative Tenhouse submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #1 I move to non-concur with Senate Amendment No. 1 to HOUSE BILL 287. Representative Cowlishaw submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #1 I move to non-concur with Senate Amendment No. 1 to HOUSE BILL 542. Representative Durkin submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #1 I move to non-concur with Senate Amendment No. 1 to HOUSE BILL 819.
HOUSE OF REPRESENTATIVES 4425 Representative Reitz submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #1 I move to non-concur with Senate Amendment No. 1 to HOUSE BILL 1318. Representative Osmond submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #1 I move to non-concur with Senate Amendment No. 1 to HOUSE BILL 1413. Representative Woolard submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #1 I move to non-concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 1670. Representative Cowlishaw submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #1 I move to non-concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 1722. Representative Dart submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #1 I move to non-concur with Senate Amendment No. 1 to HOUSE BILL 2708. Representative Dart submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to non-concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 2711. Representative Tim Johnson submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #1 I move to non-concur with Senate Amendment No. 1 to HOUSE BILL 2733. Representative Lawfer submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to recede from House Amendment No. 1 to SENATE BILL 578. Representative McKeon 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 1158 Representative Mautino 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 1202 FISCAL NOTE WITHDRAWN
4426 JOURNAL OF THE [May 14, 1999] Representative Poe withdrew his request for a Fiscal Note on SENATE BILL 288, as amended. JUDICIAL NOTE SUPPLIED A Judicial Note has been supplied for SENATE BILL 941. BALANCED BUDGET IMPACT NOTE SUPPLIED A Balanced Budget Impact Note has been supplied for SENATE BILL 941. LAND CONVEYANCE APPRAISAL NOTE SUPPLIED A Land Conveyance Appraisal Note has been supplied for SENATE BILL 941. 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 31 A bill for AN ACT in relation to criminal law, amending named Acts. 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. 31. Senate Amendment No. 2 to HOUSE BILL NO. 31. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 31 by replacing everything after the enacting clause with the following: "Section 5. The Criminal Code of 1961 is amended by changing Sections 8-1.1, 8-1.2, 9-1.2, 10-2, 12-4.1, 12-4.3, 12-4.6, 12-11, 12-13, 12-14, 12-14.1, 18-2, 18-4, and 33A-2 and adding Sections 2-3.4, 2-7.5, and 2-15.5 as follows: (720 ILCS 5/2-3.4 new) Sec. 2-3.4. "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)
HOUSE OF REPRESENTATIVES 4427 Sec. 2-7.5. "Firearm". Except as otherwise provided in a specific Section, "firearm" shall have 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 5/8-1.1) (from Ch. 38, par. 8-1.1) Sec. 8-1.1. Solicitation of Murder. (a) A person commits solicitation of murder when, with the intent that the offense of first degree murder be committed, he commands, encourages or requests another to commit that offense. (b) Penalty. Solicitation of murder is a Class X felony and a person convicted of solicitation of murder shall be sentenced to a term of imprisonment for a period of not less than 15 years and not more than 30 years, except that: (1) in cases where the person solicited was a person under the age of 17 years, the person convicted of solicitation of murder shall be sentenced to a term of imprisonment for a period of not less than 20 years and not more than 60 years;. (2) if the person committed the offense while armed with a firearm, 15 years of imprisonment 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 of imprisonment 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 any person, 25 years to life of imprisonment shall be added to the term of imprisonment imposed by the court. (Source: P.A. 89-688, eff. 6-1-97; 89-689, eff. 12-31-96.) (720 ILCS 5/8-1.2) (from Ch. 38, par. 8-1.2) Sec. 8-1.2. Solicitation of Murder for Hire. (a) A person commits solicitation of murder for hire when, with the intent that the offense of first degree murder be committed, he procures another to commit that offense pursuant to any contract, agreement, understanding, command or request for money or anything of value. (b) Penalty. Solicitation of murder for hire is a Class X felony and a person convicted of solicitation of murder for hire shall be sentenced to a term of imprisonment of not less than 20 years and not more than 40 years, except that:. (1) if the person committed the offense while armed with a firearm, 15 years of imprisonment 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 of imprisonment 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 any person, 25 years to life of imprisonment shall be added to the term of imprisonment imposed by the court. (Source: P.A. 85-1003; 85-1030; 85-1440.) (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:
4428 JOURNAL OF THE [May 14, 1999] (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 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 of imprisonment 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 of imprisonment 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 any person, 25 years to life of imprisonment 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 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, as defined in Section 33A-1 of the "Criminal Code of 1961". As used in this Section, "ransom" includes money, benefit or other valuable thing or concession. (b) Sentence. Aggravated kidnaping is a Class X felony, except that:. (1) if the person committed the offense while armed with a firearm, 15 years of imprisonment 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 of imprisonment shall be added to the term of imprisonment imposed by the court;
HOUSE OF REPRESENTATIVES 4429 (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 any person, 25 years to life of imprisonment shall be added to the term of imprisonment imposed by the court. A person who is convicted of a second or subsequent offense of 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 5/12-4.1) (from Ch. 38, par. 12-4.1) Sec. 12-4.1. Heinous Battery. (a) A person who, in committing a battery, knowingly causes severe and permanent disability or disfigurement by means of a caustic or flammable substance commits heinous battery. (b) Sentence. Heinous battery is a Class X felony, except that:. (1) if the person committed the offense while armed with a firearm, 15 years of imprisonment 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 of imprisonment 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 any person, 25 years to life of imprisonment shall be added to the term of imprisonment imposed by the court. (Source: P.A. 88-285.) (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 of imprisonment 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 of imprisonment 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 any person, 25 years to life of imprisonment shall be added to the term of imprisonment imposed by the court. (Source: P.A. 89-313, eff. 1-1-96.) (720 ILCS 5/12-4.6) (from Ch. 38, par. 12-4.6) Sec. 12-4.6. Aggravated Battery of a Senior Citizen. (a) A person who, in committing battery, intentionally or knowingly causes great bodily harm or permanent disability or disfigurement to an individual of 60 years of age or older commits aggravated battery of a senior citizen. (b) Sentence. Aggravated battery of a senior citizen is a Class 2 felony, except that:. (1) if the person committed the offense while armed with a
4430 JOURNAL OF THE [May 14, 1999] firearm, 15 years of imprisonment 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 of imprisonment 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 any person, 25 years to life of imprisonment shall be added to the term of imprisonment imposed by the court. (Source: P.A. 85-1177.) (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 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 to any person or persons 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. (c) Sentence. Home invasion is a Class X felony, except that:. (1) if the person committed the offense while armed with a firearm, 15 years of imprisonment 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 of imprisonment 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 any person, 25 years to life of imprisonment 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 5/12-13) (from Ch. 38, par. 12-13) Sec. 12-13. Criminal Sexual Assault. (a) The accused commits criminal sexual assault if he or she: (1) commits an act of sexual penetration by the use of force or threat of force; or (2) commits an act of sexual penetration and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent; or (3) commits an act of sexual penetration with a victim who was under 18 years of age when the act was committed and the accused was a family member; or
HOUSE OF REPRESENTATIVES 4431 (4) commits an act of sexual penetration with a victim who was at least 13 years of age but under 18 years of age when the act was committed and the accused was 17 years of age or over and held a position of trust, authority or supervision in relation to the victim. (b) Sentence. (1) Criminal sexual assault is a Class 1 felony. (2) A person who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of criminal sexual assault, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) 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 criminal sexual assault, commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 30 years and not more than 60 years. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply. (3) A person who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) 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 aggravated criminal sexual assault or the offense of criminal predatory 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 (3) to apply. (4) A second or subsequent conviction for a violation of paragraph (a)(3) or (a)(4) or under any similar statute of this State or any other state for any offense involving criminal sexual assault that is substantially equivalent to or more serious than the sexual assault prohibited under paragraph (a)(3) or (a)(4) is a Class X felony. (5) When a person has any such prior conviction, the information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge as a Class X felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial. (6) (i) If the person committed the offense while armed with a firearm, 15 years of imprisonment 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 of imprisonment 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 any person, 25 years to life of imprisonment shall be added to the term of imprisonment imposed by the court. (Source: P.A. 90-396, eff. 1-1-98.) (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
4432 JOURNAL OF THE [May 14, 1999] 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 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 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. (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 is a Class X felony. (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. (3) (i) If the person committed the offense while armed with a firearm, 15 years of imprisonment 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 of imprisonment 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
HOUSE OF REPRESENTATIVES 4433 disfigurement, or death to any person, 25 years to life of imprisonment shall be added to the term of imprisonment imposed by the court. (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 (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)(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. (3) (i) If the person committed the offense while armed with a firearm, 15 years of imprisonment 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 of imprisonment 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 any person, 25 years to life of imprisonment shall be added to the term of imprisonment imposed by the court. (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.)
4434 JOURNAL OF THE [May 14, 1999] (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 while he or she carries on or about his or her person, or is otherwise armed with a dangerous weapon. (b) Sentence. Armed robbery is a Class X felony, except that:. (1) if the person committed the offense while armed with a firearm, 15 years of imprisonment 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 of imprisonment 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 any person, 25 years to life of imprisonment 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. (b) Sentence. (1) 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. (2) (i) If the person committed the offense while armed with a firearm, 15 years of imprisonment 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 of imprisonment 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 any person, 25 years to life of imprisonment shall be added to the term of imprisonment imposed by the court. (Source: P.A. 88-351.) (720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2) Sec. 33A-2. Armed violence-Elements of the offense. A person commits armed violence when, while armed with a dangerous weapon, he commits any felony defined by Illinois Law, except first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, heinous battery, aggravated battery of a senior citizen, aggravated battery of a child, armed robbery, aggravated vehicular hijacking, home invasion, a violation of the Cannabis Control Act to which Section 7.5 of that Act applies,
HOUSE OF REPRESENTATIVES 4435 or a violation of the Illinois Controlled Substances Act to which Section 408.1 of that Act applies. (Source: P.A. 80-1099.) Section 10. The Cannabis Control Act is amended by adding Section 7.5 as follows: (720 ILCS 550/7.5 new) Sec. 7.5. (a) Any person who violates subsection (g) of Section 5 or Section 5.1 while armed with a firearm shall have 15 years of imprisonment added to the sentence imposed by the court. (b) Any person who violates subsection (g) of Section 5 or Section 5.1 shall have 20 years of imprisonment added to the sentence imposed by the court if, during the commission of the offense, the person personally discharged a firearm. (c) Any person who violates subsection (g) of Section 5 or Section 5.1 shall have 25 years to life of imprisonment added to the sentence imposed by the court 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 any person. Section 15. The Illinois Controlled Substances Act is amended by adding Section 408.1 as follows: (720 ILCS 570/408.1 new) Sec. 408.1. (a) Any person who violates subparagraph (a) of Section 401, Section 401.1 involving a Class X felony amount of controlled substance under Section 401, Section 405, or Section 405.2 while armed with a firearm shall have 15 years of imprisonment added to the sentence imposed by the court. (b) Any person who violates subsection (a) of Section 401, Section 401.1 involving a Class X felony amount of controlled substance under Section 401, Section 405, or Section 405.2 shall have 20 years of imprisonment added to the sentence imposed by the court if, during the commission of the offense, the person personally discharged a firearm. (c) Any person who violates subsection (a) of Section 401, Section 401.1 involving a Class X felony amount of controlled substance under Section 401, Section 405, or Section 405.2 shall have 25 years to life imprisonment added to the sentence imposed by the court 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 any person. Section 20. The Unified Code of Corrections is amended by changing Section 5-8-1 as follows: (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 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
4436 JOURNAL OF THE [May 14, 1999] 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 (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, or. (d) (i) if the person committed the offense while armed with a firearm, 15 years of imprisonment 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 of
HOUSE OF REPRESENTATIVES 4437 imprisonment 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 any person, 25 years to life of imprisonment shall be added to the term of imprisonment imposed by the court. 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. (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 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
4438 JOURNAL OF THE [May 14, 1999] 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, eff. 5-29-96; 90-396, eff. 1-1-98; 90-651, eff. 1-1-99.)". AMENDMENT NO. 2. Amend HOUSE Bill 31, AS AMENDED, 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)
HOUSE OF REPRESENTATIVES 4439 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. (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
4440 JOURNAL OF THE [May 14, 1999] 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 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
HOUSE OF REPRESENTATIVES 4441 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 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
4442 JOURNAL OF THE [May 14, 1999] 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. (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
HOUSE OF REPRESENTATIVES 4443 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) 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
4444 JOURNAL OF THE [May 14, 1999] 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 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)
HOUSE OF REPRESENTATIVES 4445 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 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
4446 JOURNAL OF THE [May 14, 1999] 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. (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
HOUSE OF REPRESENTATIVES 4447 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.) (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.
4448 JOURNAL OF THE [May 14, 1999] (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, (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
HOUSE OF REPRESENTATIVES 4449 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) 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
4450 JOURNAL OF THE [May 14, 1999] 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. (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
HOUSE OF REPRESENTATIVES 4451 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 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
4452 JOURNAL OF THE [May 14, 1999] 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 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
HOUSE OF REPRESENTATIVES 4453 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 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
4454 JOURNAL OF THE [May 14, 1999] 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 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.
HOUSE OF REPRESENTATIVES 4455 (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 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
4456 JOURNAL OF THE [May 14, 1999] 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 (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
HOUSE OF REPRESENTATIVES 4457 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 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
4458 JOURNAL OF THE [May 14, 1999] 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, 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,
HOUSE OF REPRESENTATIVES 4459 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 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
4460 JOURNAL OF THE [May 14, 1999] 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 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 foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 31 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 63 A bill for AN ACT in relation to real estate. 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. 63. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 63 as follows: on page 1, line 10, by replacing "authorities" with "owners"; and on page 1, line 17, by replacing "Revolving Fund" with "Program"; and on page 1, by deleting line 19; and on page 1, line 20, by replacing "and DuPage," with "owners"; and on page 1, line 22, after "needs", by inserting the following:
HOUSE OF REPRESENTATIVES 4461 ", subject to the following conditions: (1) loans may be made only to public airport owners that are operating an airport as of January 1, 1999; and (2) loans may not be made for airports that provide scheduled commercial air service in counties of greater than 5,000,000 population"; and on page 2, line 6, after "Reserve", by inserting "Board"; and on page 3, immediately below line 17, by inserting the following: "(c) The Department may promulgate any rules that it finds appropriate to implement this Airport Land Loan Program."; and on page 3, line 18, by replacing "(c)" with "(d)". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 63 was placed on the Calnedar 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 80 A bill for AN ACT to amend the Higher Education Student Assistance Act by changing Section 30. 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. 80. Senate Amendment No. 2 to HOUSE BILL NO. 80. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 80 by replacing the title with the following: "AN ACT to amend the Higher Education Student Assistance Act by adding Section 31 and repealing Sections 25 and 30."; and by replacing everything after the enacting clause with the following: "Section 5. The Higher Education Student Assistance Act is amended by adding Section 31 as follows: (110 ILCS 947/31 new) Sec. 31. Illinois Merit Scholarship program. (a) As used in this Section: "Eligible applicant" means a student from any high school in this State, either approved by or not recognized by the State Board of Education, who is engaged in a program of study that in due course will be completed by the end of the academic year, and (i) whose cumulative high school grade point average is at or above the 95th percentile of his or her high school class after completion of the 6th semester of a high school program of instruction or (ii) whose score on a standardized examination determined by the Commission,
4462 JOURNAL OF THE [May 14, 1999] taken before or during the 6th semester of high school, is at or above the 95th percentile of students in the State who take the standardized college entrance examination. These high school students are all eligible to receive a scholarship to be awarded under this Section. "Qualified student" means a person: (1) who is a resident of this State and a citizen or permanent resident of the United States; (2) who, as an eligible applicant, is in good academic standing at the high school in which he or she is enrolled and has made a timely application for an Illinois Merit Scholarship under this Section; (3) who has successfully completed the program of instruction at any high school located in this State; and (4) who enrolls or is enrolled in a qualified Illinois institution of higher learning or a Service Academy as an undergraduate student or cadet and has not received a baccalaureate degree. "Illinois Merit Scholarship" means a $1,000 academic scholarship awarded under this Section during an academic year to a qualified student, without regard to financial need, as a scholarship to any qualified Illinois institution of higher learning or a Service Academy in which the student is or will be enrolled as an undergraduate student or cadet. "Service Academy" means the U.S. Air Force Academy, the U.S. Coast Guard Academy, the U.S. Military Academy, or the U.S. Naval Academy. (b) In order to identify, encourage, promote, and reward the distinguished academic achievement of students from every high school located in this State, each qualified student shall be awarded an Illinois Merit Scholarship by the Illinois Student Assistance Commission to any qualified Illinois institution of higher learning or to any Service Academy. (c) No Illinois Merit Scholarship provided for a qualified student under this Section shall be considered in evaluating the financial situation of that student or be deemed a financial resource of or a form of financial aid or assistance to that student, for purposes of determining the eligibility of the student for any scholarship, grant, or monetary assistance awarded by the Commission, the State, or any agency thereof pursuant to the provisions of any other Section of this Act or any other law of this State; nor shall any Illinois Merit Scholarship provided for a qualified student under this Section reduce the amount of any scholarship, grant, or monetary assistance that that student is eligible to be awarded by the Commission, the State, or any agency thereof in accordance with the provisions of any other Section of this Act or any other law of this State. (d) The Illinois Student Assistance Commission is designated as administrator of the Illinois Merit Scholarship program. Each high school located in this State shall certify to the Commission the names of its students who are eligible applicants, specifying which of the students certified as eligible applicants have completed the program of instruction at that high school and the graduation date fixed for their high school class and specifying for each of the other eligible applicants whose names appear on the certification the semester of high school last completed by them. The Commission shall promptly notify those eligible applicants so certified who are reasonably assured of receiving an Illinois Merit Scholarship in accordance with the annual funding levels recommended in the Governor's budget of their eligibility to apply for a scholarship under this Section, other than any eligible applicant named on any
HOUSE OF REPRESENTATIVES 4463 such certification who, as an eligible applicant, has previously made application to the Commission for an Illinois Merit Scholarship under this Section. An otherwise eligible applicant who fails to make a timely application (as determined by the Commission) for an Illinois Merit Scholarship under this Section shall no longer be deemed an eligible applicant and shall not qualify for the award. (e) All applications for Illinois Merit Scholarships to be awarded under this Section shall be made to the Commission on forms that the Commission shall provide for eligible applicants. The form of applications and the information required to be set forth therein shall be determined by the Commission, and the Commission shall require eligible applicants to submit with their applications such supporting documents as the Commission deems necessary. (f) The names and addresses of Illinois Merit Scholarship recipients are a matter of public record. (g) Whenever an eligible applicant who has completed the program of instruction at any high school located in this State thereafter makes timely application to the Commission for an Illinois Merit Scholarship under this Section, the Commission shall promptly determine whether that eligible applicant is a qualified student as defined in subsection (a) of this Section. Each such eligible applicant so determined by the Commission to be a qualified student shall be awarded an Illinois Merit Scholarship in the amount of $1,000, effective exclusively during the academic year following the qualified student's high school graduation, subject to appropriation by the General Assembly. (h) Subject to a separate appropriation for purposes of this Section, payment of any Illinois Merit Scholarship awarded under this Section shall be determined exclusively by the Commission. All scholarship funds distributed in accordance with this subsection (h) shall be paid to the qualified Illinois institution of higher learning or Service Academy and used only for payment of the educational expenses incurred by the student in connection with his or her attendance as an undergraduate student or cadet at that institution or Service Academy, including but not limited to tuition and fees, room and board, books and supplies, required Service Academy uniforms, and travel and personal expenses related to the student's attendance at that institution or Service Academy. Any Illinois Merit Scholarship awarded under this Section shall be applicable to 2 semesters or 3 quarters of enrollment. Should a qualified student withdraw from enrollment prior to completion of the first semester or quarter for which the Illinois Merit Scholarship is applicable, the student shall refund to the Commission the amount of the scholarship received. (i) The Commission shall administer the Illinois Merit Scholarship program established by this Section and shall make all necessary and proper rules, not inconsistent with this Section, for its effective implementation. (j) When an appropriation to the Commission for purposes of this Section is insufficient to provide scholarships to all qualified students, the Commission shall allocate the appropriation in accordance with this subsection (j). If funds are insufficient to provide all qualified students with a scholarship as authorized by subsection (g) of this Section, the Commission shall allocate the scholarships to qualified students in order of decreasing relative academic rank, as determined by the Commission using a formula based upon the qualified student's grade point average, score on the appropriate statewide standardized examination, or a combination of grade point average and standardized test score. All Illinois Merit Scholarships awarded shall be in the amount of $1,000. (k) The Commission, in determining the number of Illinois Merit
4464 JOURNAL OF THE [May 14, 1999] Scholarships to be offered pursuant to subsection (j) of this Section, shall take into consideration past experience with the rate of merit scholarship funds unclaimed by qualified students. To the extent necessary to avoid an over-commitment of funds, the Commission may allocate scholarship funds on the basis of the date the Commission receives a completed application form. (110 ILCS 947/25 rep.) (110 ILCS 947/30 rep.) Section 10. The Higher Education Student Assistance Act is amended by repealing Sections 25 and 30. Section 99. Effective date. This Act takes effect July 1, 2000.". AMENDMENT NO. 2. Amend House Bill 80, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, as follows: on page 1, line 12, by replacing "Illinois Merit" with "Merit Recognition"; and on page 2, lines 12 and 13, by replacing "an Illinois Merit" with "a Merit Recognition"; and on page 2, line 20, by replacing "Illinois Merit" with "Merit Recognition" and on page 2, line 32, by replacing "an Illinois Merit" with "a Merit Recognition"; and on page 3, lines 2, 11, and 18 by replacing "Illinois Merit" each time it appears with "Merit Recognition"; and on page 3, line 29, by replacing "an Illinois Merit" with "a Merit Recognition"; and on page 3, line 34, by replacing "an Illinois" with "a"; and on page 4, line 1, after "Merit", by inserting "Recognition"; and on page 4, line 3, by replacing "an Illinois Merit" with "a Merit Recognition"; and on page 4, lines 6 and 14, by replacing "Illinois Merit" each time it appears with "Merit Recognition"; and on page 4, lines 19 and 24, by replacing "an Illinois Merit" each time it appears with "a Merit Recognition"; and on page 4, line 29, by replacing "Illinois Merit" with "Merit Recognition"; and on page 5, lines 7, 11, 14, 30, and 33, by replacing "Illinois Merit" each time it appears with "Merit Recognition"; and on page 6, by deleting line 6; and on page 6, line 9, by replacing "Sections 25 and" with "Section". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 80 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 92 A bill for AN ACT to amend the Environmental Protection Act by changing Section 9.2. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed
HOUSE OF REPRESENTATIVES 4465 to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 92. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 92, on page 1, line 25, by replacing "such" with "the such". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 92 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 105 A bill for AN ACT in relation to assistance animals. 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. 2 to HOUSE BILL NO. 105. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 105 on page 1, by replacing lines 28 and 29 with the following: "(3) communication; (4) transportation; or (5) employment."; and on page 2, line 13, by inserting after "animal" the following: "or exposes the assistance animal to any chemical that is hazardous to the assistance animal; however, an action against a person for exposing an assistance animal to a chemical that is hazardous to the assistance animal may be brought under this Act only if the person against whom the action is brought knew or reasonably should have known that the assistance animal was present and that the chemical was hazardous to the assistance animal"; and on page 2, line 19, by changing "theft or attack" to "theft, attack, or exposure"; and on page 2, line 22, by inserting after "animal" the following: "or exposure of the assistance animal to any chemical that is hazardous to the assistance animal"; and on page 2, line 24, by deleting "in the theft or attack"; and on page 2, line 27, by inserting "the veterinary medical expenses
4466 JOURNAL OF THE [May 14, 1999] and" after "limited to,"; and on page 3, line 3, by inserting after "animal" the following: "or exposure of the assistance animal to any chemical that is hazardous to the assistance animal"; and on page 3, line 17, by inserting after "animal" the following: "or exposure of the assistance animal to any chemical that is hazardous to the assistance animal". The foregoing message from the Senate reporting Senate Amendment No. 2 to HOUSE BILL 105 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 133 A bill for AN ACT to amend the State Employees Group Insurance Act of 1971. 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. 133. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 133 on page 1, below line 10, by inserting the following: "Section 99. Effective date. This Act takes effect on January 1, 2000.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 133 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 134 A bill for AN ACT concerning veterans organizations. 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:
HOUSE OF REPRESENTATIVES 4467 Senate Amendment No. 2 to HOUSE BILL NO. 134. Senate Amendment No. 3 to HOUSE BILL NO. 134. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 134 by replacing everything after the enacting clause with the following: "Section 5. The Property Tax Code is amended by adding the Division 11 heading of Article 10 and Section 10-240 as follows: (35 ILCS 200/Art. 10, Div. 11 heading new) DIVISION 11. VETERANS ORGANIZATION PROPERTY (35 ILCS 200/10-240 new) Sec. 10-240. Veterans organization assessment freeze. (a) For the taxable year 2000 and thereafter, the assessed value of real property owned and used by a veterans organization chartered under federal law, on which is located the principal building for the post, camp, or chapter, must be frozen by the chief county assessment officer at (i) 85% of the 1999 assessed value of the property for property that qualifies for the assessment freeze in taxable year 2000 or (ii) 85% of the assessed value of the property for the taxable year that the property first qualifies for the assessment freeze after taxable year 2000. If, in any year, improvements or additions are made to the property that would increase the assessed value of the property were it not for this Section, then 85% of the assessed value of such improvements shall be added to the assessment of the property for that year and all subsequent years. (b) The veterans organization must annually submit an application to the chief county assessment officer on or before December 31 of the assessment year. The initial application must contain the information required by the Department of Revenue, including (i) a copy of the organization's congressional charter, (ii) the location or description of the property on which is located the principal building for the post, camp, or chapter, (iii) a written instrument evidencing that the organization is the record owner or has a legal or equitable interest in the property, (iv) an affidavit that the organization is liable for paying the real property taxes on the property, and (v) the signature of the organization's chief presiding officer. Subsequent applications shall include any changes in the initial application and shall be signed by the organization's chief presiding officer. All applications shall be notarized. (c) This Section shall not apply to parcels assessed under Section 15-145. Section 90. The State Mandates Act is amended by adding Section 8.23 as follows: (30 ILCS 805/8.23 new) Sec. 8.23. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of 1999. Section 99. Effective date. This Act takes effect July 4, 1999.". AMENDMENT NO. 3. Amend House Bill 134, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 2, on page 2, line 4, by replacing "years." with "years the property is eligible for the freeze."; and on page 2, by replacing line 7 with "before (i) January 31 of the
4468 JOURNAL OF THE [May 14, 1999] assessment year in counties with a population of 3,000,000 or more and (ii) December 31 of the assessment year in all other counties. The initial"; and on page 2, line 22, by replacing "assessed" with "exempt". The foregoing message from the Senate reporting Senate Amendments numbered 2 and 3 to HOUSE BILL 134 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 152 A bill for AN ACT in relation to beverage distribution. 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. 152. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 152 by replacing the title with the following: "AN ACT in relation to liquor distribution."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Illinois Wine and Spirits Industry Fair Dealing Act of 1999. Section 5. Definitions. As used in this Act: "Commission" means the Illinois Liquor Control Commission. "Distributorship" means a business relationship, either express or implied, whether oral or written, between a supplier of wine or spirits (other than (i) an Illinois winery or (ii) a winery that has annual case sales in the State of Illinois less than or equal to 10,000 cases per year) for resale and a distributor of such products in which the distributor is given the right to sell a designated product or products, in a generally defined geographic area, in exchange for an express or implied promise to market the product or products. A registration under the Liquor Control Act of 1934 as amended is a distributorship. "Supplier" means a person who is a grantor of a wine or liquor distributorship in this State (other than (i) an Illinois winery or (ii) a winery that has annual case sales in the State of Illinois less than or equal to 10,000 cases per year). "Distributor" means a person who is a grantee of a wine or liquor distributorship in this State. "Agreement" means any contract, agreement, course of dealing, or arrangement, express or implied, whether oral or written, for a definite or indefinite period between a supplier (other than (i) an Illinois winery or (ii) a winery that has annual case sales in the
HOUSE OF REPRESENTATIVES 4469 State of Illinois less than or equal to 10,000 cases per year, and a distributor pursuant to which a distributor has been granted a distributorship). "Good cause" means a failure by a distributor to comply with essential and reasonable requirements imposed upon the distributor by the supplier or bad faith in the performance of the distributorship agreement. The requirements may not be unreasonably discriminating either by their terms or in the methods or effects of enforcement as compared with requirements imposed on other similarly situated distributors by the supplier. The requirements may not be inconsistent with this Act or in violation of any law or regulation. "Wine and liquor" means spirituous liquor or wine containing alcohol in excess of 10 percent by weight, but not including beer and other malt beverages. "Person" means a natural person, partnership, joint venture, corporation, or other entity, and includes heirs, assigns, successors, personal representatives, and guardians. "Illinois winery" means a winery located in Illinois. Section 10. Legislative declaration; purposes and construction. (a) The General Assembly makes the following findings and declarations: (i) Pursuant to the 21st Amendment of the Constitution of the United States, the General Assembly has enacted the Liquor Control Act of 1934, which establishes a three-tier system of distribution of wine and spirits to the public. (ii) This Act is enacted pursuant to authority of the State of Illinois and under the provisions of the 21st Amendment to the United States Constitution to promote the public's interest in fair, efficient, and competitive distribution of wine and liquor products. (b) This Act shall be construed and applied to promote its underlying remedial purposes and policies. (c) The provisions of this Act are of a public order and cannot be waived. Any contract or agreement purporting to do so is void and unenforceable to that extent. (d) This Act shall govern all relations between distributors and suppliers to the full extent consistent with the constitutions of this State and of the United States. Accordingly, Section 35, which clarifies existing rights and obligations and establishes remedial provisions, applies to all agreements between a distributor and a supplier (other than agreements with an Illinois winery or a winery that has annual case sales in the State of Illinois less than or equal to 10,000 cases per year) whether those agreements were entered into before or after the effective date of this Act. Sections 15 through 30 of this Act shall govern all agreements between a distributor and a supplier (other than agreements with an Illinois winery or a winery that has annual case sales in the State of Illinois less than or equal to 10,000 cases per year), entered into after the effective date of this Act, including any renewal of an agreement in existence on or before the effective date of this Act. Renewal of an agreement with a designated term or duration shall mean (i) establishment of a new term, (ii) extension of the agreement on any other basis, or (iii) shipment of wine or spirits to the distributor after the expiration of the designated term or duration. Renewal of an agreement in place on a month to month, year to year, or other periodic basis shall mean (i) continuation of the distributorship into the next month, year, or other period, (ii) extension of the distributorship on any other basis, or (iii) shipment of wine or spirits to a distributor after the expiration of the month or other periodic basis designated as the duration of the distributorship in the agreement. Renewal of an agreement without a
4470 JOURNAL OF THE [May 14, 1999] designated term or duration shall mean shipment of wine or spirits to a distributor after the effective date. (e) In accordance with Section 1.31 of the Statute on Statutes, the provisions of this Act are severable. If any provision or interpretation of this Act, or the application of such interpretation or provision to any distributorship, is held invalid, the application of the Act to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. Section 15. Cancellation and alteration of distributorships. No supplier may cancel, fail to renew, otherwise terminate, or alter on a discriminatory basis an agreement unless the party intending that action has good cause for the cancellation, failure to renew, termination, or alteration and, in any case in which prior notification is required under Section 20, the party intending to act has furnished the prior notification and the affected party has not eliminated the reasons specified in the notification for cancellation, failure to renew, or termination within 90 days after the sending of the notification. Each party shall make a good faith effort to resolve disputes under this Section. The burden of proving good cause is on the party who asserts it. Section 20. Notice of termination, cancellation, or alteration. (a) Except as provided in subsection (c) of this Section, no supplier may cancel, fail to renew, otherwise terminate, or alter an agreement unless the supplier furnishes prior notification to the affected party in accordance with subsection (b). (b) The notification required under subsection (a) shall be in writing and sent to the affected party by certified mail not less than 90 days before the date on which the agreement will be cancelled, not renewed, otherwise terminated, or altered. The notification shall contain (i) a statement of intention to cancel, fail to renew, otherwise terminate, or alter an agreement, (ii) a complete statement of reasons therefore, including all data and documentation necessary to fully apprise the distributor of the reasons for the action, (iii) the date on which the action shall take effect, and (iv) shall provide that the distributor has 60 days in which to rectify any claimed deficiency. If the deficiency is rectified within 60 days, the notice shall be void. (c) A supplier may cancel, fail to renew, or otherwise terminate an agreement without furnishing any prior notification for any of the following reasons: (1) Distributor's assignment for the benefit of creditors, or similar disposition, of substantially all of the assets of such party's business. (2) Insolvency of distributor or the institution of proceedings in bankruptcy by or against the distributor. (3) Dissolution or liquidation of the distributor. (4) Distributor's conviction of, or plea of guilty or no contest to, a charge of violating a law or regulation in this State that materially and adversely affects the ability of either party to continue to sell wine or liquor in this State, or the revocation or suspension of a license or permit to sell wine or liquor in this State. (d) The notification required under subsection (a) shall be sent not less than 10 days before the date of the cancellation, non-renewal, termination, or alteration of the notice if the notice is based on (i) failure to pay any account when due and upon demand by the supplier for such payment, in accordance with agreed payment terms, or (ii) bad faith in the performance of the distributorship agreement. If the notice is based on a failure to pay any account, the distributor shall have 10 days in which to remedy the default. If the default in payment is remedied within 10 days, the notice
HOUSE OF REPRESENTATIVES 4471 shall be void. Section 25. Action for damages and injunctive relief. Parties to a distributorship may bring an action in any court of competent jurisdiction for damages sustained as a consequence of the violation, and may also be granted injunctive relief against unlawful termination, cancellation, nonrenewal, or other harm. For agreements entered into or renewed after the effective date of this Act, this remedy is an addition to the remedies provided in Section 35. It is the policy of this State to avoid unfair or wrongful terminations. Notwithstanding any provisions of any agreement between a supplier and a distributor, the venue for any such action shall be at the location of the distributorship and this Act shall apply. Section 30. Application to arbitration agreements. An agreement between a supplier that is not an Illinois winery or a winery that has annual case sales in the State of Illinois less than or equal to 10,000 cases per year and a distributor providing for binding arbitration of disputes shall be valid and enforceable in accordance with the Federal Arbitration Act. In the event that a dispute concerning the existence of good cause for a termination, cancellation, nonrenewal, or other harm is resolved through arbitration, the definition of good cause and the substantive provisions of this Act shall apply. Section 35. Procedural provisions; good faith; role of Liquor Control Commission. (a) This Section clarifies existing rights and obligations and establishes remedial procedures applicable to registrations under Section 6-9 of the Liquor Control Act of 1934. (b) Under existing Illinois common and statutory law, suppliers, other than (i) Illinois wineries or (ii) wineries that have annual case sales in the State of Illinois less than or equal to 10,000 cases per year, who have or should have registered names of distributors under Section 6-9 of the Liquor Control Act of 1934, granting or confirming distributors rights to sell at wholesale in this State, have an obligation to act in good faith in all aspects of the registration and distributorship relationship, without discrimination or coercion under threat of retaliation or termination in bad faith, and in conformity with any emergency or final regulations issued by the Liquor Control Commission pursuant to Section 3-12 or 6-19 or other applicable provision of the Liquor Control Act of 1934 or by the Department of Revenue. Under the existing obligation to act in good faith, no registration or obligation to register under Section 6-9 may be terminated, nor may a supplier that is not an Illinois winery or a winery that has annual case sales in the State of Illinois less than or equal to 10,000 cases per year fail to renew or extend a product, name, brand, registration, or an agreement with a distributor except by acting in good faith in all aspects of the relationship, without discrimination or coercion, and not in retaliation or as a result of the distributor's exercise of its right to petition the General Assembly, the Congress, or any other unit or form of government for any purpose, to any end, or for or against any proposition, provision, amendment, bill, resolution, judgment, decision, rule, regulation, or interpretation. (c) In order to enforce the existing obligation of good faith with respect to registrations under Section 6-9, the Commission shall have power to: (1) Prohibit or suspend any supplier that is not an Illinois winery or a winery that has annual case sales in the State of Illinois less than or equal to 10,000 cases per year or its successors or assigns found to have flagrantly or repeatedly violated the obligation described in this Section from selling
4472 JOURNAL OF THE [May 14, 1999] any product or products governed under the Liquor Control Act of 1934 and the Twenty-First Amendment to the United States Constitution in Illinois. (2) Order the supplier, if the supplier is not an Illinois winery or a winery that has annual case sales in the State of Illinois less than or equal to 10,000 cases per year, to continue providing products to a distributor at prices and quantities in effect for the distributorship prior to any termination or failure to renew that becomes the subject of a dispute or administrative proceedings under this Section until the matters in dispute are determined by an order which is final and non-reviewable. Orders of the Liquor Control Commission entered under this Section shall be deemed orders as to which an emergency exists. (d) Notwithstanding Section 30 of this Act, any aggrieved party under this Section may apply to the Commission for a finding that another party has violated this Section and request relief. (e) Orders entered by the Commission under this Section shall be reviewable by the Circuit Court under the terms of the Administrative Review Law. In accordance with Section 3-110 of the Administrative Review Law, findings and conclusions of the Commission shall be held to be prima facie true and correct. (f) No court shall enter a stay, restraining order, injunction, mandamus, or other order that has the effect of suspending, delaying, modifying, or overturning a Commission finding or determination under this Section before a full hearing and final decision on the merits of the Commission ruling, finding, or order. 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 152 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 287 A bill for AN ACT to amend the Public Utilities Act by adding Section 13-301.5. 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. 287. Passed the Senate, as amended, May 13, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 287 by replacing the title with the following:
HOUSE OF REPRESENTATIVES 4473 "AN ACT to amend the Public Utilities Act by changing Section 13-301."; and by replacing everything after the enacting clause with the following: "Section 5. The Public Utilities Act is amended by changing Section 13-301 as follows: (220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301) (Section scheduled to be repealed on July 1, 2001) Sec. 13-301. Consistent with the findings and policy established in paragraph (a) of Section 13-102 and paragraph (a) of Section 13-103, and in order to ensure the attainment of such policies, the Commission shall: (a) participate in all federal programs intended to preserve or extend universal telecommunications service, unless such programs would place cost burdens on Illinois customers of telecommunications services in excess of the benefits they would receive through participation, provided, however, the Commission shall not approve or permit the imposition of any surcharge or other fee designed to subsidize or provide a waiver for subscriber line charges; and shall report on such programs together with an assessment of their adequacy and the advisability of participating therein in its annual report to the General Assembly, or more often as necessary; (b) establish a program to monitor the level of telecommunications subscriber connection within each exchange in Illinois, and shall report the results of such monitoring and any actions it has taken or recommends be taken to maintain and increase such levels in its annual report to the General Assembly, or more often if necessary; (c) order all telecommunications carriers offering or providing local exchange telecommunications service to propose low-cost or budget service tariffs and any other rate design or pricing mechanisms designed to facilitate customer access to such telecommunications service, and shall after notice and hearing, implement any such proposals which it finds likely to achieve such purpose; (d) investigate the necessity of and create, if appropriate, feasibility of establishing a fund or funds from which eligible telecommunications carriers offering or providing local exchange telecommunications service, whose costs of providing telecommunications services such service exceed the affordable rate average cost of providing such services can service in Illinois, could receive revenues intended to mitigate the price impact on customers resulting from the high or rising cost of such services service; provided, however, that to the extent such a fund or funds are established, the Commission shall require that the costs of such funds be recovered from all telecommunications carriers on a competitively neutral basis; as used in this Section, "eligible telecommunications carrier" means a telecommunications carrier that has been designated as an eligible telecommunications carrier by the Commission for a service area designated by the Commission in accordance with 47 U.S.C. 214(e)(2). In creating any fund or funds as described in this subsection, the Commission shall consider the following: (1) The bundle or group of services to be declared "supported telecommunications services" that constitute "universal service". This bundle or group of services shall at a minimum, include those services as defined by the Federal Communications Commission and as from time to time amended. In addition, the Commission shall consider the range of services currently offered by telecommunications carriers offering local exchange telecommunications service, the existing rate structures for the supported telecommunications services, and the
4474 JOURNAL OF THE [May 14, 1999] telecommunications needs of Illinois consumers in determining the supported telecommunications services. The Commission shall, from time to time or upon request, review and, if appropriate, revise the bundle or group of Illinois supported telecommunications services and the terms of the fund or funds to reflect changes or enhancements in telecommunications needs, technologies, and available services. (2) The identification of any implicit subsidies contained in rates or charges of eligible telecommunications carriers and how implicit subsidies can be made explicit by the creation of the fund or funds. The identification of explicit subsidies currently received by some local exchange carriers and the need to maintain or transition the existing explicit support through the fund or funds to be created. (3) The identification of the incumbent local exchange carriers' costs of providing the supported telecommunications services. At the request of any incumbent local exchange carrier or carriers, the use of a proxy for the identification of that local exchange carrier or group of local exchange carriers' costs of providing the supported telecommunications services. (4) An affordable level of price for the supported telecommunications services for the respective incumbent local exchange carrier. The identification of indices or models for use in establishing or updating the affordable level of price with supported telecommunications services. (5) The identification of a fund administrator, which shall be an unaffiliated third party. The identification of all eligible telecommunications carriers and the portability criteria and mechanisms to be included within the fund or funds and applied by the fund administrator. (6) Identification of the telecommunications carriers from whom the cost of the fund or funds shall be recovered and the mechanism to be used to determine and establish a competitively neutral funding basis. The adoption of a minimum contribution exemption to lessen the administrative costs and approve the administrative efficiency of any fund or funds. From time to time, or upon request, the Commission shall consider whether, based upon changes in technology or other factors, additional telecommunications providers should contribute to the fund or funds. The establishment of the basis upon which telecommunications carriers contributing to the fund or funds shall recover contributions also on a competitively neutral basis. and shall include the results and findings of such investigation together with any recommendations for legislative action in its first annual report to the General Assembly in 1986; (e) Any telecommunications carrier providing local exchange telecommunications service which offers to its local exchange customers a choice of two or more local exchange telecommunications service offerings shall provide, to any such customer requesting it, once a year without charge, a report describing which local exchange telecommunications service offering would result in the lowest bill for such customer's local exchange service, based on such customer's calling pattern and usage for the previous 6 months. At least once a year, each such carrier shall provide a notice to each of its local exchange telecommunications service customers describing the availability of this report and the specific procedures by which customers may receive it. Such report shall only be available to current and future customers who have received at least 6 months of continuous local exchange service from such carrier. (Source: P.A. 87-445.)
HOUSE OF REPRESENTATIVES 4475 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 287 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 303 A bill for AN ACT to amend the Build Illinois Bond Act by changing Section 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. 303. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 303, on page 2, by deleting lines 1 and 2. The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 303 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 305 A bill for AN ACT concerning tax increment financing. 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. 305. Senate Amendment No. 2 to HOUSE BILL NO. 305.
4476 JOURNAL OF THE [May 14, 1999] Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 305 on page 11, by deleting lines 10 through 31; and on page 12, by replacing line 4 with the following: "11-74.4-8a and adding Sections 8-8-3.5 and 11-74.4-4.2 as follows: (65 ILCS 5/8-8-3.5 new) Sec. 8-8-3.5. Tax Increment Financing Report. The reports filed under subsection (d) of Section 11-74.4-5 of the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code must be separate from any other annual report filed with the Comptroller. The Comptroller must, in cooperation with reporting municipalities, create a format for the reporting of information described in paragraphs 1.5 and 5 and in subparagraph (G) of paragraph 7 of subsection (d) of Section 11-74.4-5 of the Tax Increment Allocation Redevelopment Act that facilitates consistent reporting among the reporting municipalities. The Comptroller may allow these reports to be filed electronically and may display the report, or portions of the report, electronically via the Internet. All reports filed under this Section must be made available for examination and copying by the public at all reasonable times."; and on page 16, line 30, before the colon, by inserting "to which it pertains"; and on page 18, by replacing lines 13 through 15 with the following: "within the intent of the Act and (ii) is reasonably distributed throughout the vacant part or parts of the redevelopment project area to which it pertains:"; and on page 49, by replacing line 23 with the following: "(11.5) If the redevelopment project area is located within a municipality with a population of more than 100,000, the cost of day care services for children of"; and on page 54, by replacing line 18 with the following: "(a) The changes made by this amendatory Act of the 91st General Assembly do not apply to a municipality that, (i) before the effective date of this amendatory Act of the 91st General Assembly, has adopted an ordinance or resolution fixing a time and place for a public hearing under Section 11-74.4-5 or (ii) before July 1, 1999, has adopted an ordinance or resolution providing for a feasibility study under Section 11-74.4-4.1, but has not yet adopted an ordinance approving redevelopment plans and redevelopment projects or designating redevelopment project areas under this Section, until after that municipality adopts an ordinance approving redevelopment plans and redevelopment projects or designating redevelopment project areas under this Section; thereafter the changes made by this amendatory Act of the 91st General Assembly apply to the same extent that they apply to redevelopment plans and redevelopment projects that were approved and redevelopment projects that were designated before the effective date of this amendatory Act of the 91st General Assembly. By ordinance introduced in the governing body of the"; and on page 62, by replacing line 28 with the following: "Sec. 11-74.4-5. (a) The changes made by this amendatory Act of the 91st General Assembly do not apply to a municipality that, (i) before the effective date of this amendatory Act of the 91st General Assembly, has adopted an ordinance or resolution fixing a time and place for a public hearing under this Section or (ii) before July 1, 1999, has adopted an ordinance or resolution providing for a
HOUSE OF REPRESENTATIVES 4477 feasibility study under Section 11-74.4-4.1, but has not yet adopted an ordinance approving redevelopment plans and redevelopment projects or designating redevelopment project areas under Section 11-74.4-4, until after that municipality adopts an ordinance approving redevelopment plans and redevelopment projects or designating redevelopment project areas under Section 11-74.4-4; thereafter the changes made by this amendatory Act of the 91st General Assembly apply to the same extent that they apply to redevelopment plans and redevelopment projects that were approved and redevelopment projects that were designated before the effective date of this amendatory Act of the 91st General Assembly. Prior to the adoption of an"; and on page 70, lines 28 and 29, by replacing "in the financial report required under Section 3 of the Governmental Account Audit Act" with "under Section 8-8-3.5 of the Illinois Municipal Code". AMENDMENT NO. 2. Amend House Bill 305 on page 58, by replacing lines 17 through 20 with "purposes of this subsection, a property interest acquired in a single parcel of property by a member of the corporate authority, which property is used exclusively as the member's primary residence, shall not be deemed to constitute an interest in any property included in a redevelopment area or proposed redevelopment area that was established before December 31, 1989, but the member must disclose the acquisition to the municipal clerk under the provisions of this subsection.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 305 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 306 A bill for AN ACT to amend the Industrial Jobs Recovery Law in the Illinois Municipal Code. 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. 306. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 306 on page 1, line 7, by replacing "11-74.6-35 and 11-74.6-45" with "11-74.6-35, 11-74.6-45, and 11-74.6-50"; and on page 47, by replacing lines 13 through 15 with the following: "(65 ILCS 5/11-74.6-50) Sec. 11-74.6-50. On or before the date which is 60 months
4478 JOURNAL OF THE [May 14, 1999] following the date on which this amendatory Act of 1994 becomes law, the Department shall submit to the General Assembly a report detailing the number of redevelopment project areas that have been established, the number and type of jobs created or retained therein, the aggregate amount of tax increment incentives provided, the aggregate amount of private investment produced therein, the amount of tax increment revenue produced and available for expenditure within the tax increment financing districts and such additional information as the Department may determine to be relevant. On or after the date which is 16 years 72 months following the date on which this amendatory Act of 1994 becomes law the authority granted hereunder to municipalities to establish redevelopment project areas and to adopt tax increment allocation financing in connection therewith shall expire unless the General Assembly shall have authorized municipalities to continue to exercise said powers. (Source: P.A. 88-537.)". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 306 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 520 A bill for AN ACT to amend the Motor Vehicle Franchise Act by changing Sections 4, 5, 6, 13, and 29, and adding Section 7.1. 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. 520. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 520 by replacing the title with the following: "AN ACT to amend the Motor Vehicle Franchise Act by changing Sections 4, 5, 6, 13, and 29."; and by replacing everything after the enacting clause with the following: "Section 5. The Motor Vehicle Franchise Act is amended by changing Sections 4, 5, 6, 13, and 29 as follows: (815 ILCS 710/4) (from Ch. 121 1/2, par. 754) Sec. 4. Unfair competition and practices. (a) The unfair methods of competition and unfair and deceptive acts or practices listed in this Section are hereby declared to be unlawful. In construing the provisions of this Section, the courts may be guided by the interpretations of the Federal Trade Commission Act (15 U.S.C. 45 et seq.), as from time to time amended. (b) It shall be deemed a violation for any manufacturer, factory
HOUSE OF REPRESENTATIVES 4479 branch, factory representative, distributor or wholesaler, distributor branch, distributor representative or motor vehicle dealer to engage in any action with respect to a franchise which is arbitrary, in bad faith or unconscionable and which causes damage to any of the parties or to the public. (c) It shall be deemed a violation for a manufacturer, a distributor, a wholesaler, a distributor branch or division, a factory branch or division, or a wholesale branch or division, or officer, agent or other representative thereof, to coerce, or attempt to coerce, any motor vehicle dealer: (1) to accept, buy or order any motor vehicle or vehicles, appliances, equipment, parts or accessories therefor, or any other commodity or commodities or service or services which such motor vehicle dealer has not voluntarily ordered or requested except items required by applicable local, state or federal law; or to require a motor vehicle dealer to accept, buy, order or purchase such items in order to obtain any motor vehicle or vehicles or any other commodity or commodities which have been ordered or requested by such motor vehicle dealer; (2) to order or accept delivery of any motor vehicle with special features, appliances, accessories or equipment not included in the list price of the motor vehicles as publicly advertised by the manufacturer thereof, except items required by applicable law; or (3) to order for anyone any parts, accessories, equipment, machinery, tools, appliances or any commodity whatsoever, except items required by applicable law. (d) It shall be deemed a violation for a manufacturer, a distributor, a wholesaler, a distributor branch or division, or officer, agent or other representative thereof: (1) to adopt, change, establish or implement a plan or system for the allocation and distribution of new motor vehicles to motor vehicle dealers which is arbitrary or capricious or to modify an existing plan so as to cause the same to be arbitrary or capricious; (2) to fail or refuse to advise or disclose to any motor vehicle dealer having a franchise or selling agreement, upon written request therefor, the basis upon which new motor vehicles of the same line make are allocated or distributed to motor vehicle dealers in the State and the basis upon which the current allocation or distribution is being made or will be made to such motor vehicle dealer; (3) to refuse to deliver in reasonable quantities and within a reasonable time after receipt of dealer's order, to any motor vehicle dealer having a franchise or selling agreement for the retail sale of new motor vehicles sold or distributed by such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division or wholesale branch or division, any such motor vehicles as are covered by such franchise or selling agreement specifically publicly advertised in the State by such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division to be available for immediate delivery. However, the failure to deliver any motor vehicle shall not be considered a violation of this Act if such failure is due to an act of God, a work stoppage or delay due to a strike or labor difficulty, a shortage of materials, a lack of manufacturing capacity, a freight embargo or other cause over which the manufacturer, distributor, or wholesaler, or any agent thereof has no control; (4) to coerce, or attempt to coerce, any motor vehicle
4480 JOURNAL OF THE [May 14, 1999] dealer to enter into any agreement with such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent or other representative thereof, or to do any other act prejudicial to the dealer by threatening to reduce his allocation of motor vehicles or cancel any franchise or any selling agreement existing between such manufacturer, distributor, wholesaler, distributor branch or division, or factory branch or division, or wholesale branch or division, and the dealer. However, notice in good faith to any motor vehicle dealer of the dealer's violation of any terms or provisions of such franchise or selling agreement or of any law or regulation applicable to the conduct of a motor vehicle dealer shall not constitute a violation of this Act; (5) to require a franchisee to participate in an advertising campaign or contest or any promotional campaign, or to purchase or lease any promotional materials, training materials, show room or other display decorations or materials at the expense of the franchisee; (6) to cancel or terminate the franchise or selling agreement of a motor vehicle dealer without good cause and without giving notice as hereinafter provided; to fail or refuse to extend the franchise or selling agreement of a motor vehicle dealer upon its expiration without good cause and without giving notice as hereinafter provided; or, to offer a renewal, replacement or succeeding franchise or selling agreement containing terms and provisions the effect of which is to substantially change or modify the sales and service obligations or capital requirements of the motor vehicle dealer arbitrarily and without good cause and without giving notice as hereinafter provided notwithstanding any term or provision of a franchise or selling agreement. (A) If a manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division or wholesale branch or division intends to cancel or terminate a franchise or selling agreement or intends not to extend or renew a franchise or selling agreement on its expiration, it shall send a letter by certified mail, return receipt requested, to the affected franchisee at least 60 days before the effective date of the proposed action, or not later than 10 days before the proposed action when the reason for the action is based upon either of the following: (i) the business operations of the franchisee have been abandoned or the franchisee has failed to conduct customary sales and service operations during customary business hours for at least 7 consecutive business days unless such closing is due to an act of God, strike or labor difficulty or other cause over which the franchisee has no control; or (ii) the conviction of or plea of nolo contendere by the motor vehicle dealer or any operator thereof in a court of competent jurisdiction to an offense punishable by imprisonment for more than two years. Each notice of proposed action shall include a detailed statement setting forth the specific grounds for the proposed cancellation, termination, or refusal to extend or renew and shall state that the dealer has only 30 days from receipt of the notice to file with the Motor Vehicle Review Board a written protest against the proposed action. (B) If a manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division
HOUSE OF REPRESENTATIVES 4481 or wholesale branch or division intends to change substantially or modify the sales and service obligations or capital requirements of a motor vehicle dealer as a condition to extending or renewing the existing franchise or selling agreement of such motor vehicle dealer, it shall send a letter by certified mail, return receipt requested, to the affected franchisee at least 60 days before the date of expiration of the franchise or selling agreement. Each notice of proposed action shall include a detailed statement setting forth the specific grounds for the proposed action and shall state that the dealer has only 30 days from receipt of the notice to file with the Motor Vehicle Review Board a written protest against the proposed action. (C) Within 30 15 days from receipt of the notice under subparagraphs (A) and (B), the franchisee may file with the Board a written protest against the proposed action. When the protest has been timely filed, the Board shall enter an order, fixing a date (within 60 days of the date of the order), time, and place of a hearing on the protest required under Sections 12 and 29 of this Act, and send by certified mail, return receipt requested, a copy of the order to the manufacturer that filed the notice of intention of the proposed action and to the protesting dealer or franchisee. The manufacturer shall have the burden of proof to establish that good cause exists to cancel or terminate, or fail to extend or renew the franchise or selling agreement of a motor vehicle dealer or franchisee, and to change substantially or modify the sales and service obligations or capital requirements of a motor vehicle dealer as a condition to extending or renewing the existing franchise or selling agreement. The determination whether good cause exists to cancel, terminate, or refuse to renew or extend the franchise or selling agreement, or to change or modify the obligations of the dealer as a condition to offer renewal, replacement, or succession shall be made by the Board under subsection (d) of Section 12 of this Act. (D) Notwithstanding the terms, conditions, or provisions of a franchise or selling agreement, the following shall not constitute good cause for cancelling or terminating or failing to extend or renew the franchise or selling agreement: (i) the change of ownership or executive management of the franchisee's dealership; or (ii) the fact that the franchisee or owner of an interest in the franchise owns, has an investment in, participates in the management of, or holds a license for the sale of the same or any other line make of new motor vehicles. Good cause shall exist to cancel, terminate or fail to offer a renewal or replacement franchise or selling agreement to all franchisees of a line make if the manufacturer permanently discontinues the manufacture or assembly of motor vehicles of such line make. (E) The manufacturer may not cancel or terminate, or fail to extend or renew a franchise or selling agreement or change or modify the obligations of the franchisee as a condition to offering a renewal, replacement, or succeeding franchise or selling agreement before the hearing process is concluded as prescribed by this Act, and thereafter, if the Board determines that the manufacturer has failed to meet its burden of proof and that good cause does not exist to allow the proposed action; or
4482 JOURNAL OF THE [May 14, 1999] (7) notwithstanding the terms of any franchise agreement, to fail to indemnify and hold harmless its franchised dealers against any judgment or settlement for damages, including, but not limited to, court costs, expert witness fees, and reasonable attorneys' fees of the new motor vehicle dealer, and other expenses incurred in the litigation, so long as such fees and costs are reasonable, arising out of complaints, claims or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, warranty (express or implied), or recision of the sale as defined in Section 2-608 of the Uniform Commercial Code, to the extent that the judgment or settlement relates to the alleged defective or negligent manufacture, assembly or design of new motor vehicles, parts or accessories or other functions by the manufacturer, beyond the control of the dealer; provided that, in order to provide an adequate defense, the manufacturer receives notice of the filing of a complaint, claim, or lawsuit within 60 days after the filing. (e) It shall be deemed a violation for a manufacturer, a distributor, a wholesaler, a distributor branch or division or officer, agent or other representative thereof: (1) to resort to or use any false or misleading advertisement in connection with his business as such manufacturer, distributor, wholesaler, distributor branch or division or officer, agent or other representative thereof; (2) to offer to sell or lease, or to sell or lease, any new motor vehicle to any motor vehicle dealer at a lower actual price therefor than the actual price offered to any other motor vehicle dealer for the same model vehicle similarly equipped or to utilize any device including, but not limited to, sales promotion plans or programs which result in such lesser actual price or fail to make available to any motor vehicle dealer any preferential pricing, incentive, rebate, finance rate, or low interest loan program offered to competing motor vehicle dealers in other contiguous states. However, the provisions of this paragraph shall not apply to sales to a motor vehicle dealer for resale to any unit of the United States Government, the State or any of its political subdivisions; (3) to offer to sell or lease, or to sell or lease, any new motor vehicle to any person, except a wholesaler, distributor or manufacturer's employees at a lower actual price therefor than the actual price offered and charged to a motor vehicle dealer for the same model vehicle similarly equipped or to utilize any device which results in such lesser actual price. However, the provisions of this paragraph shall not apply to sales to a motor vehicle dealer for resale to any unit of the United States Government, the State or any of its political subdivisions; (4) to prevent or attempt to prevent by contract or otherwise any motor vehicle dealer or franchisee from changing the executive management control of the motor vehicle dealer or franchisee unless the franchiser, having the burden of proof, proves that such change of executive management will result in executive management control by a person or persons who are not of good moral character or who do not meet the franchiser's existing and, with consideration given to the volume of sales and service of the dealership, uniformly applied minimum business experience standards in the market area. However where the manufacturer rejects a proposed change in executive management control, the manufacturer shall give written notice of his reasons to the dealer within 60 days of notice to the manufacturer by the dealer of the proposed change. If the manufacturer does not send a letter to the franchisee by
HOUSE OF REPRESENTATIVES 4483 certified mail, return receipt requested, within 60 days from receipt by the manufacturer of the proposed change, then the change of the executive management control of the franchisee shall be deemed accepted as proposed by the franchisee, and the manufacturer shall give immediate effect to such change; (5) to prevent or attempt to prevent by contract or otherwise any motor vehicle dealer from establishing or changing the capital structure of his dealership or the means by or through which he finances the operation thereof; provided the dealer meets any reasonable capital standards agreed to between the dealer and the manufacturer, distributor or wholesaler, who may require that the sources, method and manner by which the dealer finances or intends to finance its operation, equipment or facilities be fully disclosed; (6) to refuse to give effect to or prevent or attempt to prevent by contract or otherwise any motor vehicle dealer or any officer, partner or stockholder of any motor vehicle dealer from selling or transferring any part of the interest of any of them to any other person or persons or party or parties unless such sale or transfer is to a transferee who would not otherwise qualify for a new motor vehicle dealers license under "The Illinois Vehicle Code" or unless the franchiser, having the burden of proof, proves that such sale or transfer is to a person or party who is not of good moral character or does not meet the franchiser's existing and reasonable capital standards and, with consideration given to the volume of sales and service of the dealership, uniformly applied minimum business experience standards in the market area. However, nothing herein shall be construed to prevent a franchiser from implementing affirmative action programs providing business opportunities for minorities or from complying with applicable federal, State or local law: (A) If the manufacturer intends to refuse to approve the sale or transfer of all or a part of the interest, then it shall, within 60 days from receipt of the completed application forms generally utilized by a manufacturer to conduct its review and a copy of all agreements regarding the proposed transfer, send a letter by certified mail, return receipt requested, advising the franchisee of any refusal to approve the sale or transfer of all or part of the interest and shall state that the dealer only has 30 days from the receipt of the notice to file with the Motor Vehicle Review Board a written protest against the proposed action. The notice shall set forth specific criteria used to evaluate the prospective transferee and the grounds for refusing to approve the sale or transfer to that transferee. Within 30 15 days from the franchisee's receipt of the manufacturer's notice, the franchisee may file with the Board a written protest against the proposed action. When a protest has been timely filed, the Board shall enter an order, fixing the date (within 60 days of the date of such order), time, and place of a hearing on the protest, required under Sections 12 and 29 of this Act, and send by certified mail, return receipt requested, a copy of the order to the manufacturer that filed notice of intention of the proposed action and to the protesting franchisee. The manufacturer shall have the burden of proof to establish that good cause exists to refuse to approve the sale or transfer to the transferee. The determination whether good cause exists to refuse to approve the sale or transfer shall be made by the Board under subdivisions (6)(B). The manufacturer shall not refuse to approve the
4484 JOURNAL OF THE [May 14, 1999] sale or transfer by a dealer or an officer, partner, or stockholder of a franchise or any part of the interest to any person or persons before the hearing process is concluded as prescribed by this Act, and thereafter if the Board determines that the manufacturer has failed to meet its burden of proof and that good cause does not exist to refuse to approve the sale or transfer to the transferee. (B) Good cause to refuse to approve such sale or transfer under this Section is established when such sale or transfer is to a transferee who would not otherwise qualify for a new motor vehicle dealers license under "The Illinois Vehicle Code" or such sale or transfer is to a person or party who is not of good moral character or does not meet the franchiser's existing and reasonable capital standards and, with consideration given to the volume of sales and service of the dealership, uniformly applied minimum business experience standards in the market area. (7) to obtain money, goods, services, anything of value, or any other benefit from any other person with whom the motor vehicle dealer does business, on account of or in relation to the transactions between the dealer and the other person as compensation, except for services actually rendered, unless such benefit is promptly accounted for and transmitted to the motor vehicle dealer; (8) to grant an additional franchise in the relevant market area of an existing franchise of the same line make or to relocate an existing motor vehicle dealership within or into a relevant market area of an existing franchise of the same line make. However, if the manufacturer wishes to grant such an additional franchise to an independent person in a bona fide relationship in which such person is prepared to make a significant investment subject to loss in such a dealership, or if the manufacturer wishes to relocate an existing motor vehicle dealership, then the manufacturer shall send a letter by certified mail, return receipt requested, to each existing dealer or dealers of the same line make whose relevant market area includes the proposed location of the additional or relocated franchise at least 60 days before the manufacturer grants an additional franchise or relocates an existing franchise of the same line make within or into the relevant market area of an existing franchisee of the same line make. Each notice shall set forth the specific grounds for the proposed grant of an additional or relocation of an existing franchise. Unless the parties agree upon the grant or establishment of the additional or relocated franchise within 30 15 days from the date the notice was received by the existing franchisee of the same line make or any person entitled to receive such notice, the franchisee or other person may file with the Board a written protest against the grant or establishment of the proposed additional or relocated franchise and shall state that the dealer only has 30 days from the receipt of the notice to file with the Motor Vehicle Review Board a written protest against the proposed action. When a protest has been timely filed, the Board shall enter an order fixing a date (within 60 days of the date of the order), time, and place of a hearing on the protest, required under Sections 12 and 29 of this Act, and send by certified or registered mail, return receipt requested, a copy of the order to the manufacturer that filed the notice of intention to grant or establish the proposed additional or relocated franchise and to the protesting dealer or dealers of the same line make whose
HOUSE OF REPRESENTATIVES 4485 relevant market area includes the proposed location of the additional or relocated franchise. When more than one protest is filed against the grant or establishment of the additional or relocated franchise of the same line make, the Board may consolidate the hearings to expedite disposition of the matter. The manufacturer shall have the burden of proof to establish that good cause exists to allow the grant or establishment of the additional or relocated franchise. The manufacturer may not grant or establish the additional franchise or relocate the existing franchise before the hearing process is concluded as prescribed by this Act, and thereafter if the Board determines that the manufacturer has failed to meet its burden of proof and that good cause does not exist to allow the grant or establishment of the additional franchise or relocation of the existing franchise. The determination whether good cause exists for allowing the grant or establishment of an additional franchise or relocated existing franchise, shall be made by the Board under subsection (c) of Section 12 of this Act. If the manufacturer seeks to enter into a contract, agreement or other arrangement with any person, establishing any additional motor vehicle dealership or other facility, limited to the sale of factory repurchase vehicles or late model vehicles, then the manufacturer shall follow the notice procedures set forth in this Section and the determination whether good cause exists for allowing the proposed agreement shall be made by the Board under subsection (c) of Section 12, with the manufacturer having the burden of proof. A. (Blank). B. For the purposes of this Section, appointment of a successor motor vehicle dealer at the same location as its predecessor, or within 2 miles of such location, or the relocation of an existing dealer or franchise within 2 miles of the relocating dealer's or franchisee's existing location, shall not be construed as a grant, establishment or the entering into of an additional franchise or selling agreement, or a relocation of an existing franchise. The reopening of a motor vehicle dealership that has not been in operation for 18 months or more shall be deemed the grant of an additional franchise or selling agreement. C. This Section does not apply to the relocation of an existing dealership or franchise in a county having a population of more than 300,000 persons when the new location is within the dealer's current relevant market area, provided the new location is more than 7 miles from the nearest dealer of the same line make or is further away from the nearest dealer of the same line make. This Section does not apply to the relocation of an existing dealership or franchise in a county having a population of less than 300,000 persons when the new location is within the dealer's current relevant market area, provided the new location is more than 12 miles from the nearest dealer of the same line make or is further away from the nearest dealer of the same line make. D. Nothing in this Section shall be construed to prevent a franchiser from implementing affirmative action programs providing business opportunities for minorities or from complying with applicable federal, State or local law; (9) to require a motor vehicle dealer to assent to a release, assignment, novation, waiver or estoppel which would relieve any person from liability imposed by this Act; (10) to prevent or refuse to give effect to the succession
4486 JOURNAL OF THE [May 14, 1999] to the ownership or management control of a dealership by any legatee under the will of a dealer or to an heir under the laws of descent and distribution of this State unless the franchisee has designated a successor to the ownership or management control under the succession provisions of the franchise. Unless the franchiser, having the burden of proof, proves that the successor is a person who is not of good moral character or does not meet the franchiser's existing and reasonable capital standards and, with consideration given to the volume of sales and service of the dealership, uniformly applied minimum business experience standards in the market area, any designated successor of a dealer or franchisee may succeed to the ownership or management control of a dealership under the existing franchise if: (i) The designated successor gives the franchiser written notice by certified mail, return receipt requested, of his or her intention to succeed to the ownership of the dealer within 60 days of the dealer's death or incapacity; and (ii) The designated successor agrees to be bound by all the terms and conditions of the existing franchise. Notwithstanding the foregoing, in the event the motor vehicle dealer or franchisee and manufacturer have duly executed an agreement concerning succession rights prior to the dealer's death or incapacitation, the agreement shall be observed. (A) If the franchiser intends to refuse to honor the successor to the ownership of a deceased or incapacitated dealer or franchisee under an existing franchise agreement, the franchiser shall send a letter by certified mail, return receipt requested, to the designated successor within 60 days from receipt of a proposal advising of its intent to refuse to honor the succession and to discontinue the existing franchise agreement and shall state that the designated successor only has 30 days from the receipt of the notice to file with the Motor Vehicle Review Board a written protest against the proposed action. The notice shall set forth the specific grounds for the refusal to honor the succession and discontinue the existing franchise agreement. If notice of refusal is not timely served upon the designated successor, the franchise agreement shall continue in effect subject to termination only as otherwise permitted by paragraph (6) of subsection (d) of Section 4 of this Act. Within 30 15 days from the date the notice was received by the designated successor or any other person entitled to notice, the designee or other person may file with the Board a written protest against the proposed action. When a protest has been timely filed, the Board shall enter an order, fixing a date (within 60 days of the date of the order), time, and place of a hearing on the protest, required under Sections 12 and 29 of this Act, and send by certified mail, return receipt requested, a copy of the order to the franchiser that filed the notice of intention of the proposed action and to the protesting designee or such other person. The manufacturer shall have the burden of proof to establish that good cause exists to refuse to honor the succession and discontinue the existing franchise agreement. The determination whether good cause exists to refuse to honor the succession shall be made by the Board under subdivision (B) of this paragraph (10). The manufacturer
HOUSE OF REPRESENTATIVES 4487 shall not refuse to honor the succession or discontinue the existing franchise agreement before the hearing process is concluded as prescribed by this Act, and thereafter if the Board determines that it has failed to meet its burden of proof and that good cause does not exist to refuse to honor the succession and discontinue the existing franchise agreement. (B) No manufacturer shall impose any conditions upon honoring the succession and continuing the existing franchise agreement with the designated successor other than that the franchisee has designated a successor to the ownership or management control under the succession provisions of the franchise, or that the designated successor is of good moral character or meets the reasonable capital standards and, with consideration given to the volume of sales and service of the dealership, uniformly applied minimum business experience standards in the market area; (11) to prevent or refuse to approve a proposal to establish a successor franchise at a location previously approved by the franchiser when submitted with the voluntary termination by the existing franchisee unless the successor franchisee would not otherwise qualify for a new motor vehicle dealer's license under the Illinois Vehicle Code or unless the franchiser, having the burden of proof, proves that such proposed successor is not of good moral character or does not meet the franchiser's existing and reasonable capital standards and, with consideration given to the volume of sales and service of the dealership, uniformly applied minimum business experience standards in the market area. However, when such a rejection of a proposal is made, the manufacturer shall give written notice of its reasons to the franchisee within 60 days of receipt by the manufacturer of the proposal. However, nothing herein shall be construed to prevent a franchiser from implementing affirmative action programs providing business opportunities for minorities, or from complying with applicable federal, State or local law; (12) to prevent or refuse to grant a franchise to a person because such person owns, has investment in or participates in the management of or holds a franchise for the sale of another make or line of motor vehicles within 7 miles of the proposed franchise location in a county having a population of more than 300,000 persons, or within 12 miles of the proposed franchise location in a county having a population of less than 300,000 persons; or (13) to prevent or attempt to prevent any new motor vehicle dealer from establishing any additional motor vehicle dealership or other facility limited to the sale of factory repurchase vehicles or late model vehicles or otherwise offering for sale factory repurchase vehicles of the same line make at an existing franchise by failing to make available any contract, agreement or other arrangement which is made available or otherwise offered to any person. (Source: P.A. 89-145, eff. 7-14-95; 90-655, eff. 7-30-98.) (815 ILCS 710/5) (from Ch. 121 1/2, par. 755) Sec. 5. Delivery and preparation obligations; damage disclosures. Every manufacturer shall specify in writing to the dealer the delivery and preparation obligations of its motor vehicle dealers prior to delivery of new motor vehicles to retail buyers. A copy of the delivery and preparation obligations of its motor vehicle dealers and a schedule of the compensation to be paid to its motor vehicle dealers for the work and services they shall be required to
4488 JOURNAL OF THE [May 14, 1999] perform in connection with such delivery and preparation obligations shall be presented to the dealer and the obligations specified therein shall constitute any such dealer's only predelivery obligations as between such dealer and such manufacturer. The compensation as set forth on said schedule shall be reasonable. A manufacturer, factory branch, distributor, distributor branch, or wholesaler of new motor vehicles sold or transferred to a motor vehicle dealer in this State shall disclose to the motor vehicle dealer, in writing, before delivery of a vehicle to the motor vehicle dealer all in-transit, post-manufacture, or other damage to the vehicle that was sustained or incurred by the motor vehicle at any time after the manufacturing process was complete but before delivery of the vehicle to the dealer. This disclosure is not required when the cost to repair does not exceed 6% of the manufacturer's suggested retail price of the vehicle based upon the dealer's actual retail repair cost, including labor, parts, and materials if the damage is repaired or retail estimate to repair if the vehicle is not repaired. New motor vehicles that are repaired may be sold as new and shall be fully warranted by the manufacturer. For purposes of this Section, "manufacturer's suggested retail price" means the retail price of the new motor vehicle suggested by the manufacturer including the retail delivered price suggested by the manufacturer for each separately priced accessory or item of optional equipment physically attached to the new motor vehicle at the time of delivery. Whenever a new motor vehicle sustains or incurs any in-transit, post-manufacture, or other damage at any time after the manufacturing process is complete, but before delivery of the vehicle to the motor vehicle dealer, the dealer may within a reasonable period of time after delivery of the motor vehicle notify the manufacturer or distributor of that damage and either: (1) revoke acceptance of the delivery of the new motor vehicle whereby ownership of the motor vehicle shall revert to the manufacturer, and the dealer shall incur no obligations, financial, or otherwise for that new motor vehicle; or (2) request authorization from the manufacturer to repair the damage sustained or incurred by the new motor vehicle. If the manufacturer refuses or fails to authorize repair of the damage within 3 days of the request by the dealer, the dealer may then revoke acceptance of the delivery of the new motor vehicle; ownership shall revert to the manufacturer; and the dealer shall incur no obligations, financial, or otherwise for that new motor vehicle. A motor vehicle dealer shall disclose to the purchaser before delivery of the new motor vehicle, in writing, any damage that the dealer has actual knowledge was sustained or incurred by the motor vehicle at any time after the manufacturing process was complete but before delivery of the vehicle to the purchaser. This disclosure is not required when the cost to repair does not exceed 6% of the manufacturer's suggested retail price of the vehicle based upon the dealer's actual retail repair cost, including labor, parts, and materials if the damage is repaired or the retail estimate to repair the vehicle if it is not repaired. Damage to glass, tires, bumpers, and in-dash audio equipment is not to be considered in determining the cost of repair if replaced with the manufacturer's original equipment. If disclosure is not required under this Section, a purchaser may not revoke or rescind a sales contract due to the fact the new vehicle was damaged and repaired before completion of the sale. In that circumstance, nondisclosure does not constitute a misrepresentation or omission of fact.
HOUSE OF REPRESENTATIVES 4489 A manufacturer, factory branch, distributor, distributor branch, or wholesaler of new motor vehicles shall, notwithstanding the terms of any franchise agreement, indemnify and hold harmless the motor vehicle dealer obtaining a new motor vehicle from the manufacturer, factory branch, distributor, distributor branch, or wholesaler from and against any liability, including reasonable attorney's fees, expert witness fees, court costs, and other expenses incurred in the litigation, so long as such fees and costs are reasonable, that the motor vehicle dealer may be subjected to by the purchaser of the vehicle because of damage to the motor vehicle that occurred before delivery of the vehicle to the dealer and that was not disclosed in writing to the dealer prior to delivery of the vehicle. This indemnity obligation of the manufacturer, factory branch, distributor, distributor branch, or wholesaler applies regardless of whether the damage falls below the 6% threshold under this Section. The failure of the manufacturer, factory branch, distributor, distributor branch, or wholesaler to indemnify and hold harmless the motor vehicle dealer is a violation of this Section. (Source: P.A. 88-581, eff. 1-1-95.) (815 ILCS 710/6) (from Ch. 121 1/2, par. 756) Sec. 6. Warranty agreements; claims; approval; payment; written disapproval. (a) Every manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall properly fulfill any warranty agreement and adequately and fairly compensate each of its motor vehicle dealers for labor and parts. (b) In no event shall such compensation fail to include reasonable compensation for diagnostic work, as well as repair service, and labor, and parts. Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work to be performed. In the determination of what constitutes reasonable compensation under this Section, the principal factor to be given consideration shall be the prevailing wage rates being paid by the dealer in the relevant market area in which the motor vehicle dealer is doing business, and in no event shall such compensation of a motor vehicle dealer for warranty service be less than the rates charged by such dealer for like service to retail customers for nonwarranty service and repairs. The franchiser shall reimburse the franchisee for any parts provided in satisfaction of a warranty at the prevailing retail price charged by that dealer for the same parts when not provided in satisfaction of a warranty; provided that such motor vehicle franchisee's prevailing retail price is not unreasonable when compared with that of the holders of motor vehicle franchises from the same motor vehicle franchiser for identical merchandise in the geographic area in which the motor vehicle franchisee is engaged in business. All claims, either original or resubmitted, made by motor vehicle dealers hereunder and under Section 5 for such labor and parts shall be either approved or disapproved within 30 days following their submission. All approved claims shall be paid within 30 days following their approval. The motor vehicle dealer who submits a claim which is disapproved shall be notified in writing of the disapproval within the same period, and each such notice shall state the specific grounds upon which the disapproval is based. The motor vehicle dealer shall be permitted to correct and resubmit such disapproved claims within 30 days of receipt of disapproval. Any claims not specifically disapproved in writing within 30 days from their submission shall be deemed approved and payment shall follow within 30 days. The manufacturer or franchiser shall have the right to require reasonable documentation for claims and to audit such claims within a one year period from the
4490 JOURNAL OF THE [May 14, 1999] date the claim was paid or credit issued by the manufacturer or franchiser, and to charge back any false or unsubstantiated claims. The audit and charge back provisions of this Section also apply to all other incentive and reimbursement programs for a period of 18 months after the date of the transactions that are subject to audit by the franchiser. However, the manufacturer retains the right to charge back any fraudulent claim if the manufacturer establishes in a court of competent jurisdiction in this State that the claim is fraudulent. (c) The motor vehicle franchiser shall not, by agreement, by restrictions upon reimbursement, or otherwise, restrict the nature and extent of services to be rendered or parts to be provided so that such restriction prevents the motor vehicle franchisee from satisfying the warranty by rendering services in a good and workmanlike manner and providing parts which are required in accordance with generally accepted standards. Any such restriction shall constitute a prohibited practice. (d) For the purposes of this Section, the "prevailing retail price charged by that dealer for the same parts" means the price paid by the motor vehicle franchisee for parts, including all shipping and other charges, multiplied by the sum of 1.0 and the franchisee's average percentage markup over the price paid by the motor vehicle franchisee for parts purchased by the motor vehicle franchisee from the motor vehicle franchiser and sold at retail. The motor vehicle franchisee may establish average percentage markup under this Section by submitting to the motor vehicle franchiser 100 sequential customer paid service repair orders or 90 days of customer paid service repair orders, whichever is less, covering repairs made no more than 180 days before the submission, and declaring what the average percentage markup is. The average percentage markup so declared shall go into effect 30 days following the declaration, subject to audit of the submitted repair orders by the motor vehicle franchiser and adjustment of the average percentage markup based on that audit. Any audit must be conducted within 30 days following the declaration. Only retail sales not involving warranty repairs, parts covered by subsection (e) of this Section, or parts supplied for routine vehicle maintenance, shall be considered in calculating average percentage markup. No motor vehicle franchiser shall require a motor vehicle franchisee to establish average percentage markup by a methodology, or by requiring information, that is unduly burdensome or time consuming to provide, including, but not limited to, part by part or transaction by transaction calculations. A motor vehicle franchisee shall not request a change in the average percentage markup more than twice in one calendar year. (e) If a motor vehicle franchiser supplies a part or parts for use in a repair rendered under a warranty other than by sale of that part or parts to the motor vehicle franchisee, the motor vehicle franchisee shall be entitled to compensation equivalent to the motor vehicle franchisee's average percentage markup on the part or parts, as if the part or parts had been sold to the motor vehicle franchisee by the motor vehicle franchiser. The requirements of this subsection (e) shall not apply to entire engine assemblies and entire transmission assemblies. In the case of those assemblies, the motor vehicle franchiser shall reimburse the motor vehicle franchisee in the amount of 30% of what the motor vehicle franchisee would have paid the motor vehicle franchiser for the assembly if the assembly had not been supplied by the franchiser other than by the sale of that assembly to the motor vehicle franchisee. (f) The obligations imposed on motor vehicle franchisers by this Section shall apply to any parent, subsidiary, affiliate, or agent of the motor vehicle franchiser, any person under common ownership or
HOUSE OF REPRESENTATIVES 4491 control, any employee of the motor vehicle franchiser, and any person holding 1% or more of the shares of any class of securities or other ownership interest in the motor vehicle franchiser, if a warranty or service or repair plan is issued by that person instead of or in addition to one issued by the motor vehicle franchiser. (Source: P.A. 87-1163.) (815 ILCS 710/13) (from Ch. 121 1/2, par. 763) Sec. 13. Damages; equitable relief. Any franchisee or motor vehicle dealer who suffers any loss of money or property, real or personal, as a result of the use or employment by a manufacturer, wholesaler, distributor, distributor branch or division, factory branch or division, wholesale branch or division, or any agent, servant or employee thereof, of an unfair method of competition or an unfair or deceptive act or practice declared unlawful by this Act may bring an action for damages and equitable relief, including injunctive relief. Where the misconduct is willful or wanton, the court may award treble damages. A motor vehicle dealer, if it has not suffered any loss of money or property, may obtain permanent equitable relief if it can be shown that the unfair act or practice may have the effect of causing such loss of money or property. Where the franchisee or dealer substantially prevails the court or arbitration panel or Motor Vehicle Review Board shall award attorney's fees and assess costs, including expert witness fees and other expenses incurred by the dealer in the litigation, so long as such fees and costs are reasonable, against the opposing party. Moreover, for the purposes of the award of attorney's fees, expert witness fees, and costs whenever the franchisee or dealer is seeking injunctive or other relief, the franchisee or dealer may be considered to have prevailed when a judgment is entered in its favor, when a final administrative decision is entered in its favor and affirmed, if subject to judicial review, when a consent order is entered into, or when the manufacturer, distributor, wholesaler, distributor branch or division, factory factor branch or division, wholesale branch or division, or any officer, agent or other representative thereof ceases the conduct, act or practice which is alleged to be in violation of any Section of this Act. (Source: P.A. 89-145, eff. 7-14-95.) (815 ILCS 710/29) Sec. 29. Procedures for hearing on protest. Upon receipt of a timely notice of protest under paragraph (6) of subsection (d) or paragraph (6), (8), or (10) of subsection (e) of Section 4 and Section 12 of this Act, the Motor Vehicle Review Board shall enter an order fixing a date (within 60 days of the date of the order), time, the place of a hearing and send by certified mail, return receipt requested, a copy of the order to the manufacturer and the objecting dealer or dealers. Subject to Section 10-20 of the Illinois Administrative Procedure Act, the Board shall designate a hearing officer who shall conduct the hearing. All administrative hearing officers shall be attorneys licensed to practice law in this State. At the time and place fixed in the Board's order, the Board or its duly authorized agent, the hearing officer, shall proceed to hear the protest, and all parties to the protest shall be afforded an opportunity to present in person or by counsel, statements, testimony, evidence, and argument as may be pertinent to the issues. The hearing officer may continue the hearing date by agreement of the parties, or upon a finding of good cause, but in no event shall the hearing be rescheduled more than 90 days after the Board's initial order. Upon any hearing, the Board or its duly authorized agent, the hearing officer, may administer oaths to witnesses and issue subpoenas for the attendance of witnesses or other persons and the
4492 JOURNAL OF THE [May 14, 1999] production of relevant documents, records, and other evidence and may require examination thereon. For purposes of discovery, the Board or its designated hearing officer may, if deemed appropriate and proper under the circumstances, authorize the parties to engage in such discovery procedures as are provided for in civil actions in Section 2-1003 of the Code of Civil Procedure. Discovery shall be completed no later than 15 days prior to commencement of the proceeding or hearing. Enforcement of discovery procedures shall be as provided in the regulations. Subpoenas issued shall be served in the same manner as subpoenas issued out of the circuit courts. The fees of subpoenaed witnesses under this Act for attendance and travel shall be the same as fees of witnesses before the circuit courts of this State, such fees to be paid when the witness is excused from further attendance, provided the witness is subpoenaed at the instance of the Board or an agent authorized by the Board; and payment of fees shall be made and audited in the same manner as other expenses of the Board. Whenever a subpoena is issued at the request of a party to a proceeding, complainant, or respondent, as the case may be, the Board may require that the cost of service of the subpoena and the fee of same shall be borne by the party at whose instance the witness is summoned, and the Board shall have power, in its discretion, to require a deposit to cover the cost of service and witness fees and the payment of the legal witness fee and mileage to the witness served with the subpoena. In any protest before the Board, the Board or its designated hearing officer may order a mandatory settlement conference. The failure of a party to appear, to be prepared, or to have authority to settle the matter may result in any or all of the following: (a) The Board or its designated hearing officer may suspend all proceedings before the Board in the matter until compliance. (b) The Board or its designated hearing officer may dismiss the proceedings or any part thereof before the Board with or without prejudice. (c) The Board or its designated hearing officer may require all of the Board's costs to be paid by the party at fault. Any circuit court of this State, upon application of the Board, or an officer or agent designated by the Board for the purpose of conducting any hearing, may, in its discretion, compel the attendance of witnesses, the production of books, papers, accounts, or documents, and giving of testimony before the Board or before any officer or agent designated for the purpose of conducting the hearing. Failure to obey the order may be punished by the circuit court as contempt. A party may conduct cross-examination required for a full and fair disclosure of the facts. Within 20 days of the date of the hearing, the hearing officer shall issue his or her proposed decision to the Board and shall, by certified mail, return receipt requested, serve the proposed decision upon the parties, with an opportunity afforded to each party to file exceptions and present a brief to the Board within 10 days of their receipt of the proposed decision. The proposed decision shall contain a statement of the reasons for the decision and each issue of fact or law necessary to the proposed decision. The Board shall then issue its final order which, if applicable, shall include the award of attorney's fees, expert witness fees, and an assessment of costs, including other expenses incurred in the litigation, if permitted under this Act, so long as such fees and costs are reasonable. In a hearing on a protest filed under paragraph (6) of subsection (d) or paragraph (6), (8), or (10) of Section 4 or Section 12 of this Act, the manufacturer shall have the burden of proof to establish that there is good cause for the franchiser to: grant or establish
HOUSE OF REPRESENTATIVES 4493 an additional franchise or relocate an existing franchise; cancel, terminate, refuse to extend or renew a franchise or selling agreement; or change or modify the obligations of the motor vehicle dealer as a condition to offering a renewal, replacement, or succeeding franchise or selling agreement or refuse to honor succession to ownership or refuse to approve a proposed transfer or sale. The determination whether good cause exists shall be made under Section 12 of this Act. The Board shall record the testimony and preserve a record of all proceedings at the hearing by proper means of recordation. The notice required to be given by the manufacturer and notice of protest by the dealer or other party, the notice of hearing, and all other documents in the nature of pleadings, motions, and rulings, all evidence, offers of proof, objections, and rulings thereon, the transcript of testimony, the report of findings or proposed decision of the hearing officer, and the orders of the Board shall constitute the record of the proceedings. The Board shall furnish a transcript of the record to any person interested in the hearing upon payment of the actual cost thereof. (Source: P.A. 89-145, eff. 7-14-95; 89-433, eff. 12-15-95.)". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 520 was placed in the Committee on Rules. 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 523 A bill for AN ACT to amend the Illinois Municipal Code by changing Sections 8-11-1.1, 8-11-1.3, 8-11-1.4, and 8-11-1.5. 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. 523. Senate Amendment No. 2 to HOUSE BILL NO. 523. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 523 on page 2, line 33, by inserting after "business." the following: "The tax may not be imposed on the sale of 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, and insulin, urine testing materials, syringes, and needles used by diabetics."; and on page 3, by inserting below line 29 the following: "No municipality may impose a tax under this Section unless the
4494 JOURNAL OF THE [May 14, 1999] municipality also imposes a tax at the same rate under Section 8-11-1.4 of this Code."; and on page 6, line 9, by inserting after "service." the following: "The tax may not be imposed on the sale of 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, and insulin, urine testing materials, syringes, and needles used by diabetics."; and on page 7, by inserting below line 12 the following: "No municipality may impose a tax under this Section unless the municipality also imposes a tax at the same rate under Section 8-11-1.3 of this Code.". AMENDMENT NO. 2. Amend House Bill 523 on page 1, line 17, by replacing "Act." with the following: "Act for a period of 10 years after the effective date of this amendatory Act of the 91st General Assembly."; and on page 2, line 25, by replacing "may" with the following: "may, for a period of 10 years after the effective date of this amendatory Act of the 91st General Assembly,"; and on page 6, line 1, by replacing "may" with the following: "may, for a period of 10 years after the effective date of this amendatory Act of the 91st General Assembly,"; and on page 8, line 30, by replacing "may" with the following: "may, for a period of 10 years after the effective date of this amendatory Act of the 91st General Assembly,". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 523 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 526 A bill for AN ACT to amend the Criminal Code of 1961 by changing Sections 14-1, 14-2, and 14-4. 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. 3 to HOUSE BILL NO. 526. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 3. Amend House Bill 526 by replacing the title with the following: "AN ACT concerning criminal law."; and by replacing everything after the enacting clause with the following:
HOUSE OF REPRESENTATIVES 4495 "Section 5. The Criminal Code of 1961 is amended by changing Sections 14-1 and 14-2 and by renumbering and changing Section 14.4 as follows: (720 ILCS 5/14-1) (from Ch. 38, par. 14-1) Sec. 14-1. Definition. (a) Eavesdropping device. An eavesdropping device is any device capable of being used to hear or record oral conversation or intercept, retain, or transcribe electronic communications whether such conversation or electronic communication is conducted in person, by telephone, or by any other means; Provided, however, that this definition shall not include devices used for the restoration of the deaf or hard-of-hearing to normal or partial hearing. (b) Eavesdropper. An eavesdropper is any person, including law enforcement officers, who is a principal, as defined in this Article, or who operates or participates in the operation of any eavesdropping device contrary to the provisions of this Article. (c) Principal. A principal is any person who: (1) Knowingly employs another who illegally uses an eavesdropping device in the course of such employment; or (2) Knowingly derives any benefit or information from the illegal use of an eavesdropping device by another; or (3) Directs another to use an eavesdropping device illegally on his behalf. (d) Conversation. For the purposes of this Article, the term conversation means any oral communication between 2 or more persons regardless of whether one or more of the parties intended their communication to be of a private nature under circumstances justifying that expectation. (e) Electronic communication. For purposes of this Article, the term electronic communication means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or part by a wire, radio, pager, computer, electromagnetic, photo electronic or photo optical system, where the sending and receiving parties intend the electronic communication to be private and the interception, recording, or transcription of the electronic communication is accomplished by a device in a surreptitious manner contrary to the provisions of this Article. Electronic communication does not include any communication from a tracking device. (Source: P.A. 88-677, eff. 12-15-94.) (720 ILCS 5/14-2) (from Ch. 38, par. 14-2) Sec. 14-2. Elements of the offense; affirmative defense. (a) A person commits eavesdropping when he: (1) (a) Knowingly and intentionally uses an eavesdropping device for the purpose of hearing or recording to hear or record all or any part of any conversation or intercepts, retains, or transcribes electronic communication unless he does so (A) (1) with the consent of all of the parties to such conversation or electronic communication or (B) (2) in accordance with Article 108A or Article 108B of the "Code of Criminal Procedure of 1963", approved August 14, 1963, as amended; or (2) Manufactures, assembles, distributes, or possesses any electronic, mechanical, eavesdropping, or other device knowing that or having reason to know that the design of the device renders it primarily useful for the purpose of the surreptitious hearing or recording of oral conversations or the interception, retention, or transcription of electronic communications and the intended or actual use of the device is contrary to the
4496 JOURNAL OF THE [May 14, 1999] provisions of this Article; or (3) (b) Uses or divulges, except as authorized by this Article or by Article 108A or 108B of the "Code of Criminal Procedure of 1963", approved August 14, 1963, as amended, any information which he knows or reasonably should know was obtained through the use of an eavesdropping device. (b) (c) It is an affirmative defense to a charge brought under this Article relating to the interception of a privileged communication that the person charged: 1. was a law enforcement officer acting pursuant to an order of interception, entered pursuant to Section 108A-1 or 108B-5 of the Code of Criminal Procedure of 1963; and 2. at the time the communication was intercepted, the officer was unaware that the communication was privileged; and 3. stopped the interception within a reasonable time after discovering that the communication was privileged; and 4. did not disclose the contents of the communication. (c) It is not unlawful for a manufacturer or a supplier of eavesdropping devices, or a provider of wire or electronic communication services, their agents, employees, contractors, or venders to manufacture, assemble, sell, or possess an eavesdropping device within the normal course of their business for purposes not contrary to this Article or for law enforcement officers to manufacture, assemble, purchase, or possess an eavesdropping device in preparation for or within the course of their official duties. (Source: P.A. 85-1203.) (720 ILCS 5/14-4) (from Ch. 38, par. 14-4) Sec. 14-4. 14.4. Sentence.) (a) Eavesdropping, for a first offense, is a Class 4 felony, and, for a second or subsequent offense, is a Class 3 felony. (b) The eavesdropping of an oral conversation or an electronic communication between any law enforcement officer, State's Attorney, Assistant State's Attorney, the Attorney General, Assistant Attorney General, or a judge, while in the performance of his or her official duties, if not authorized by this Article or proper court order, is a Class 1 felony. (Source: P.A. 79-781; revised 3-12-98.)". The foregoing message from the Senate reporting Senate Amendment No. 3 to HOUSE BILL 526 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 619 A bill for AN ACT to amend the Pawnbroker Regulation Act by changing Section 5. 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. 619.
HOUSE OF REPRESENTATIVES 4497 Senate Amendment No. 2 to HOUSE BILL NO. 619. Senate Amendment No. 3 to HOUSE BILL NO. 619. Senate Amendment No. 4 to HOUSE BILL NO. 619. Senate Amendment No. 6 to HOUSE BILL NO. 619. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 619 on page 2, line 21, by replacing "The" with "In addition, in a municipality with a population of 1,000,000 or more inhabitants, if the customer does not have an identification issued by a governmental entity containing a photograph of the person being identified, the pawnbroker shall photograph the customer in color and record the customer's name, residence address, date of birth, social security number, gender, height, and weight on the reverse side of the photograph. If the customer has no social security number, the pawnbroker shall record this fact. The". AMENDMENT NO. 2. Amend House Bill 619 on page 2, lines 10 and 11, by replacing "issued by a governmental entity" with "a driver's license or a State identification card issued by the Secretary of State"; and on page 2, lines 13 and 14, by replacing "does not contain a photograph and is not issued by a governmental entity" with "is not a driver's license or a State identification card issued by the Secretary of State and does not contain a photograph". AMENDMENT NO. 3. Amend House Bill 619, AS AMENDED, in Section 5, Sec. 5, subsection (b), by deleting "The regulation of identification required by pawnbrokers is an exclusive power and function of the State. A home rule unit may not regulate identification required by pawnbrokers. This subsection is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.". AMENDMENT NO. 4. Amend House Bill 619 on page 1, lines 2 and 6, by changing "Section 5" each time it appears to "Sections 0.05, 2, 5, 6, and 11"; and on page 1, below line 6, by inserting the following: "(205 ILCS 510/0.05) Sec. 0.05. Administration of Act. (a) This Act shall be administered by the Commissioner of Banks and Real Estate who shall have all of the following powers and duties in administering this Act: (1) To promulgate reasonable rules for the purpose of administering the provisions of this Act. (2) To issue orders for the purpose of administering the provisions of this Act and any rule promulgated in accordance with this Act. (3) To appoint hearing officers and to hire employees or to contract with appropriate persons to execute any of the powers granted to the Commissioner under this Section for the purpose of administering this Act and any rule promulgated in accordance with this Act.
4498 JOURNAL OF THE [May 14, 1999] (4) To subpoena witnesses, to compel their attendance, to administer an oath, to examine any person under oath, and to require the production of any relevant books, papers, accounts, and documents in the course of and pursuant to any investigation being conducted, or any action being taken, by the Commissioner in respect of any matter relating to the duties imposed upon, or the powers vested in, the Commissioner under the provisions of this Act or any rule promulgated in accordance with this Act. (5) To conduct hearings. (6) To impose civil penalties graduated up to $1,000 against any person for each violation of any provision of this Act, any rule promulgated in accordance with this Act, or any order of the Commissioner based upon the seriousness of the violation. (6.5) To initiate injunction proceedings whenever it appears to the Commissioner that any person, whether licensed under this Act or not, is engaged or about to engage in an act or practice that constitutes or will constitute a violation of this Act or any rule prescribed under the authority of this Act. The Commissioner may, in his or her discretion, apply for an injunction, and upon a proper showing, any circuit court may enter a permanent or preliminary injunction or a temporary restraining order without bond to enforce this Act in addition to the penalties and other remedies provided for in this Act. (7) To issue a cease and desist order and, for violations of this Act, any rule promulgated in accordance with this Act, or any other applicable law in connection with the operation of a pawnshop, to suspend a license issued under this Act for up to 30 days. (8) To examine the affairs of any pawnshop if the Commissioner has reasonable cause to believe that unlawful or fraudulent activity is occurring, or has occurred, therein. (9) In response to a complaint, to address any inquiries to any pawnshop in relation to its affairs, and it shall be the duty of the pawnshop to promptly reply in writing to such inquiries. The Commissioner may also require reports or information from any pawnshop at any time the Commissioner may deem desirable. (10) To revoke a license issued under this Act if the Commissioner determines that (a) a licensee has been convicted of a felony in connection with the operations of a pawnshop; (b) a licensee knowingly, recklessly, or continuously violated this Act, a rule promulgated in accordance with this Act, or any order of the Commissioner; (c) a fact or condition exists that, if it had existed or had been known at the time of the original application, would have justified license refusal; or (d) the licensee knowingly submits materially false or misleading documents with the intent to deceive the Commissioner or any other party. (11) Following license revocation, to take possession and control of a pawnshop for the purpose of examination, reorganization, or liquidation through receivership and to appoint a receiver, which may be the Commissioner, a pawnshop, or another suitable person. (b) After consultation with local law enforcement officers, the Attorney General, and the industry, the Commissioner may by rule require that pawnbrokers operate video camera surveillance systems to record photographic representations of customers and retain the tapes produced for up to 30 days. (c) Pursuant to rule, the Commissioner shall issue licenses on an annual or multi-year basis for operating a pawnshop. Any person currently operating or who has operated a pawnshop in this State
HOUSE OF REPRESENTATIVES 4499 during the 2 years preceding the effective date of this amendatory Act of 1997 shall be issued a license upon payment of the fee required under this Act. New applicants shall meet standards for a license as established by the Commissioner. Except with the prior written consent of the Commissioner, no individual, either a new applicant or a person currently operating a pawnshop, may be issued a license to operate a pawnshop if the individual has been convicted of a felony or of any criminal offense relating to dishonesty or breach of trust in connection with the operations of a pawnshop. The Commissioner shall establish license fees. The fees shall not exceed the amount reasonably required for administration of this Act. It shall be unlawful to operate a pawnshop without a license issued by the Commissioner. (d) In addition to license fees, the Commissioner may, by rule, establish fees in connection with a review, approval, or provision of a service, and levy a reasonable charge to recover the cost of the review, approval, or service (such as a change in control, change in location, or renewal of a license). The Commissioner may also levy a reasonable charge to recover the cost of an examination if the Commissioner determines that unlawful or fraudulent activity has occurred. The Commissioner may require payment of the fees and charges provided in this Act by certified check, money order, an electronic transfer of funds, or an automatic debit of an account. (e) The Pawnbroker Regulation Fund is established as a special fund in the State treasury. Moneys collected under this Act shall be deposited into the Fund and used for the administration of this Act. In the event that General Revenue Funds are appropriated to the Office of the Commissioner of Banks and Real Estate for the initial implementation of this Act, the Governor may direct the repayment from the Pawnbroker Regulation Fund to the General Revenue Fund of such advance in an amount not to exceed $30,000. The Governor may direct this interfund transfer at such time as he deems appropriate by giving appropriate written notice. (f) The Commissioner may, by rule, require all pawnshops to provide for the expenses that would arise from the administration of the receivership of a pawnshop under this Act through the assessment of fees, the requirement to pledge surety bonds, or such other methods as determined by the Commissioner. (g) All final administrative decisions of the Commissioner under this Act shall be subject to judicial review pursuant to the provisions of the Administrative Review Law. For matters involving administrative review, venue shall be in either Sangamon County or Cook County. (Source: P.A. 90-477, eff. 7-1-98; 90-602, eff. 7-1-98.) (205 ILCS 510/2) (from Ch. 17, par. 4652) Sec. 2. Interest; fees. It shall be unlawful for any pawnbroker to charge or collect a greater benefit or percentage upon money advanced, and for the use and forbearance thereof, than the rate of 3% per month. Nothing in this Section shall be construed so as to conflict with the law pertaining to usury and the person receiving money so advanced may hold such moneys to pay any fees in addition to interest as herein provided. Each pawnbroker, when making a loan under this Section, must disclose in printed form on the pawn contract the following information to the persons receiving the loan: (1) the amount of money advanced, which must be designated as the amount financed; (2) the maturity date of the pawn, which must be at least 30 days after the date of the pawn; (3) the total pawn interest and service charge payable on the maturity date, which must be designated as the finance
4500 JOURNAL OF THE [May 14, 1999] charge; (4) the total of payments that must be paid to redeem the pledged goods on the maturity date, which must be designated as the total of payments; and (5) the annual percentage rate, computed according to the regulations adopted by the Board of Governors of the Federal Reserve System under the Federal Truth in Lending Act. Each pawnbroker may contract for and receive a monthly finance charge including interest and fees not to exceed one-fifth of the loan amount, as set forth herein, for appraising, investigating title, storing and insuring the collateral, closing the loan, making daily reports to local law enforcement officers including enhanced computerized reporting, complying with regulatory requirements, and for other expenses and losses of every nature whatsoever and for all other services. Such fees, when made and collected, shall not be deemed interest for any purpose of law. In addition to any other interest and fees prescribed by this Act, a pawnbroker may also charge and collect the cost of any government mandated taxes including, but not limited to, the cost of firearm background checks required under federal law. (Source: P.A. 90-477, eff. 7-1-98.)"; and on page 3, below line 11, by inserting the following: "(205 ILCS 510/6) (from Ch. 17, par. 4656) Sec. 6. Inspection of records. (a) The book or computer records, as well as every article or other thing of value so pawned or pledged, shall at all times be open to the inspection of the Commissioner, the sheriff of the county, his deputies, or any members of the police force of any city in the county in which such pawnbroker does business. In addition, the Commissioner shall be authorized to inspect the books or records of any business he or she has reasonable cause to believe is conducting pawn transactions and should be licensed under this Act. (b) The book or computer records, pawn tickets, or any other records required by the Commissioner under this Act or any rule promulgated in accordance with this Act shall be maintained for a period of 3 years after the date on which the record or ticket was prepared. These records and tickets shall be open to inspection of the Commissioner at all times during this 3-year period. (Source: P.A. 90-477, eff. 7-1-98.) (205 ILCS 510/11) (from Ch. 17, par. 4661) Sec. 11. Penalties. Every person who knowingly violates the provisions of this Act shall, for the first offense, be guilty of a Class C misdemeanor, and for each subsequent offense shall be guilty of a Class A misdemeanor, except that a person who knowingly violates this Act by operating a pawnshop without a license shall be guilty of a Class B misdemeanor for the first offense and shall be guilty of a Class A misdemeanor for any subsequent offense. , provided, that This Act shall not be construed as to, in any wise, impair the power of cities or villages in this State to license, tax, regulate except as to fee amounts, suppress, and prohibit pawnbrokers as now provided by law. (Source: P.A. 90-477, eff. 7-1-98.)". AMENDMENT NO. 6. Amend House Bill 619, AS AMENDED, in Section 5 of the bill, in Sec. 5, by inserting immediately below the last line of subsection (b) the following: "A county or municipality, including a home rule unit, may regulate a pawnbroker's identification requirements for persons pledging or pawning goods, articles, or other things to the pawnbroker in a manner that is not less restrictive than the regulation by the State of a pawnbroker's identification requirements
HOUSE OF REPRESENTATIVES 4501 for persons pledging or pawning goods, articles, or other things. A home rule unit may not regulate a pawnbroker's identification requirements for persons pledging or pawning goods, articles, or other things to the pawnbroker in a manner less restrictive than the regulation by the State of a pawnbroker's identification requirements for persons pledging or pawning goods, articles, or other things. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State.". The foregoing message from the Senate reporting Senate Amendments numbered 1, 2, 3, 4 and 6 to HOUSE BILL 619 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 658 A bill for AN ACT concerning construction. 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. 658. Senate Amendment No. 2 to HOUSE BILL NO. 658. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 658 by replacing everything after the enacting clause with the following: "Section 5. The Mechanics Lien Act is amended by changing Sections 1 and 21 as follows: (770 ILCS 60/1) (from Ch. 82, par. 1) Sec. 1. Any person who shall by any contract or contracts, express or implied, or partly expressed or implied, with the owner of a lot or tract of land, or with one whom the owner has authorized or knowingly permitted to contract, to improve the lot or tract of land or to manage a structure thereon, or to furnish material, fixtures, apparatus or machinery, forms or form work used in the process of construction where cement, concrete or like material is used for the purpose of or in the building, altering, repairing or ornamenting any house or other building, walk or sidewalk, whether the walk or sidewalk is on the land or bordering thereon, driveway, fence or improvement or appurtenances to the lot or tract of land or connected therewith, and upon, over or under a sidewalk, street or alley adjoining; or fill, sod or excavate such lot or tract of land, or do landscape work thereon or therefor; or raise or lower any house thereon or remove any house thereto, or remove any house or other
4502 JOURNAL OF THE [May 14, 1999] structure therefrom, or perform any services or incur any expense as an architect, structural engineer, professional engineer, land surveyor or property manager in, for or on a lot or tract of land for any such purpose; or drill any water well thereon; or furnish or perform labor or services as superintendent, time keeper, mechanic, laborer or otherwise, in the building, altering, repairing or ornamenting of the same; or furnish material, fixtures, apparatus, machinery, labor or services, forms or form work used in the process of construction where concrete, cement or like material is used, or drill any water well on the order of his agent, architect, structural engineer or superintendent having charge of the improvements, building, altering, repairing or ornamenting the same; or lease any equipment, with or without an operator, to a contractor of the owner of a parcel of land or a structure for use about the land or structure, is known under this Act as a contractor, and has a lien upon the whole of such lot or tract of land and upon adjoining or adjacent lots or tracts of land of such owner constituting the same premises and occupied or used in connection with such lot or tract of land as a place of residence or business; and in case the contract relates to 2 or more buildings, on 2 or more lots or tracts of land, upon all such lots and tracts of land and improvements thereon for the amount due to him for such material, fixtures, apparatus, machinery, including the amount due to him or her for the equipment leased, services or labor, and interest at the rate of 10% per annum from the date the same is due. This lien extends to an estate in fee, for life, for years, or any other estate or any right of redemption, or other interest which the owner may have in the lot or tract of land at the time of making such contract or may subsequently acquire. The taking of additional security by the contractor or sub-contractor is not a waiver of any right of lien which he may have by virtue of this Act, unless made a waiver by express agreement of the parties and the waiver is not prohibited by this Act. This lien attaches as of the date of the contract. (Source: P.A. 86-807; 87-361.) (770 ILCS 60/21) (from Ch. 82, par. 21) Sec. 21. Subject to the provisions of Section 5, every mechanic, worker or other person who shall furnish any materials, apparatus, machinery or fixtures, or shall lease any equipment, with or without an operator, or furnish or perform services or labor for the contractor, or shall furnish any material to be employed in the process of construction as a means for assisting in the erection of the building or improvement in what is commonly termed form or form work where concrete, cement or like material is used in whole or in part, shall be known under this Act as a sub-contractor, and shall have a lien for the value thereof, with interest on such amount from the date the same is due, from the same time, on the same property as provided for the contractor, and, also, as against the creditors and assignees, and personal and legal representatives of the contractor, on the material, fixtures, apparatus or machinery furnished, and on the moneys or other considerations due or to become due from the owner under the original contract. If the legal effect of any contract between the owner and contractor is that no lien or claim may be filed or maintained by any one and the waiver is not prohibited by this Act, such provision shall be binding; but the only admissible evidence thereof as against a sub-contractor or material man, shall be proof of actual notice thereof to him before any labor or material is furnished by him; or proof that a duly written and signed stipulation or agreement to that effect has been filed in the office of the recorder of the county or counties where the house, building or other improvement is situated, prior to the commencement of the work upon such house, building or other improvement, or within
HOUSE OF REPRESENTATIVES 4503 10 days after the execution of the principal contract or not less than 10 days prior to the contract of the sub-contractor or material man. The recorder shall record the same at length in the order of time of its reception in books provided by him for that purpose, and the recorder shall index the same, in the name of the contractor and in the name of the owner, in books kept for that purpose, and also in the tract or abstract book of the tract, lot, or parcel of land, upon which the house, building or other improvement is located, and the recorder shall receive therefor a fee, such as is provided for the recording of instruments in his office. It shall be the duty of each subcontractor who has furnished, or is furnishing, materials or labor for an existing owner-occupied single family residence, in order to preserve his lien, to notify the occupant either personally or by certified mail, return receipt requested, addressed to the occupant or his agent of the residence within 60 days from his first furnishing materials or labor, that he is supplying materials or labor; provided, however, that any notice given after 60 days by the subcontractor shall preserve his lien, but only to the extent that the owner has not been prejudiced by payments made prior to receipt of the notice. The notification shall include a warning to the owner that before any payment is made to the contractor, the owner should receive a waiver of lien executed by each subcontractor who has furnished materials or labor. The notice shall contain the name and address of the subcontractor or material man, the date he started to work or to deliver materials, the type of work done and to be done or the type of materials delivered and to be delivered, and the name of the contractor requesting the work. The notice shall also contain the following warning: "NOTICE TO OWNER The subcontractor providing this notice has performed work for or delivered material to your home improvement contractor. These services or materials are being used in the improvements to your residence and entitle the subcontractor to file a lien against your residence if the services or materials are not paid for by your home improvement contractor. A lien waiver will be provided to your contractor when the subcontractor is paid, and you are urged to request this waiver from your contractor when paying for your home improvements." Such warning shall be in at least 10 point bold face type. For purposes of this Section, notice by certified mail is considered served at the time of its mailing. In no case, except as hereinafter provided, shall the owner be compelled to pay a greater sum for or on account of the completion of such house, building or other improvement than the price or sum stipulated in said original contract or agreement, unless payment be made to the contractor or to his order, in violation of the rights and interests of the persons intended to be benefited by this act: Provided, if it shall appear to the court that the owner and contractor fraudulently, and for the purpose of defrauding sub-contractors fixed an unreasonably low price in their original contract for the erection or repairing of such house, building or other improvement, then the court shall ascertain how much of a difference exists between a fair price for labor and material used in said house, building or other improvement, and the sum named in said original contract, and said difference shall be considered a part of the contract and be subject to a lien. But where the contractor's statement, made as provided in Section 5, shows the amount to be paid to the sub-contractor, or party furnishing material, or the sub-contractor's statement, made pursuant to Section 22, shows the amount to become due for material; or notice is given to the owner,
4504 JOURNAL OF THE [May 14, 1999] as provided in Sections 24 and 25, and thereafter such sub-contract shall be performed, or material to the value of the amount named in such statements or notice, shall be prepared for use and delivery, or delivered without written protest on the part of the owner previous to such performance or delivery, or preparation for delivery, then, and in any of such cases, such sub-contractor or party furnishing or preparing material, regardless of the price named in the original contract, shall have a lien therefor to the extent of the amount named in such statements or notice. In case of default or abandonment by the contractor, the sub-contractor or party furnishing material, shall have and may enforce his lien to the same extent and in the same manner that the contractor may under conditions that arise as provided for in section 4 of this Act, and shall have and may exercise the same rights as are therein provided for the contractor. Any provision in a contract, agreement, or understanding, when payment from a contractor to a subcontractor or supplier is conditioned upon receipt of the payment from any other party including a private or public owner, shall not be a defense by the party responsible for payment to a claim brought under Section 21, 22, 23, or 28 of this Act against the party. For the purpose of this Section, "contractor" also includes subcontractor or supplier. The provisions of Public Act 87-1180 shall be construed as declarative of existing law and not as a new enactment. (Source: P.A. 87-361; 87-362; 87-895; 87-1180; 88-45.) Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2. Amend House Bill 658, AS AMENDED, with reference to the page and line numbers of Senate Amendment No. 1, on page 2, by replacing lines 16 through 18 with the following: "equipment, with or without an operator, to the owner of a parcel of land or a structure for use in the process of construction about the land or structure where the improvement is for other than a single or multi-family residence of less than 10 residences under a common roof, is known under this Act as a"; and on page 2, line 28, after "leased", by inserting the following: "and used in the process of construction about the land or structure where the improvement is for other than a single or multi-family residence of less than 10 residences under a common roof"; and on page 3, line 11, after "operator,", by inserting the following: "for use in the process of construction about the land or structure where the improvement is for other than a single or multi-family residence of less than 10 residences under a common roof,". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 658 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 733 A bill for AN ACT to amend the Health Care Facilities Planning Act by changing Section 4.
HOUSE OF REPRESENTATIVES 4505 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. 733. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 733 as follows: on page 3, below line 29, by inserting the following: "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 733 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 819 A bill for AN ACT to amend the Metropolitan Water Reclamation District Act by changing Section 7a. 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. 819. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 819 on page 1, lines 2 and 6, by replacing "Section 7a" each time it appears with "Sections 4.13 and 7a"; and on page 1, by inserting below line 6 the following: "(70 ILCS 2605/4.13) (from Ch. 42, par. 323.13) Sec. 4.13. Exemptions from civil service. The following offices and places of employment, insofar as there are or may be such in the sanitary district, shall not be included within the classified civil service: All elective officers, the director of personnel, the clerk, treasurer, chief engineer, attorney, general superintendent, chief of maintenance and operation, purchasing agent, director of research and development, director of information technology, and secretary and administrative aide to the president of the board of trustees, members of the civil service board and special examiners appointed by the civil service board and the secretaries to the officers and
4506 JOURNAL OF THE [May 14, 1999] individual trustees, and those employed for periods not exceeding 7 5 years under any apprentice program, training program, or intern program programs funded wholly or in part by grants from the State of Illinois or the United States of America. Further, apprentices in a sanitary district apprenticeship program for the trades shall not be included within the classified civil service. Entry into a sanitary district apprenticeship program for the trades shall be by lottery. Graduates of a sanitary district apprenticeship program for the trades shall be given additional points, in an amount to be determined by the Director of Personnel, on examinations for civil service journeymen positions in the trades at the sanitary district. (Source: P.A. 87-370; 87-1146.)". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 819 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 1061 A bill for AN ACT to amend the Franchise Disclosure Act of 1987 by changing Section 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. 1061. Passed the Senate, as amended, May 13, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1061 by replacing the title with the following: "AN ACT concerning soft drink beverage distribution."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Soft Drink Industry Fair Dealing Act. Section 5. Definitions. As used in this Act: "Distribution agreement" means any contract, appointment, agreement, course of dealing, or arrangement, express or implied, whether oral or written, for a definite or indefinite period, between a supplier and a distributor pursuant to which the distributor has been granted the right to (i) directly or through a cooperative or association of which the distributor is a member, bottle or can one or more soft drink beverages or process soft drink beverage concentrate into beverage syrup, and (ii) sell, distribute, or deliver such soft drink beverages or soft drink beverage syrup under trademarks owned or licensed by the supplier. "Distributor" means a person in this State who (i) directly or through a cooperative or association of which the person is a member,
HOUSE OF REPRESENTATIVES 4507 bottles or cans one or more soft drink beverage or processes soft drink beverage concentrate into beverage syrup, and (ii) sells, distributes, or delivers such soft drink beverages or soft drink beverage syrup under trademarks owned or licensed by a supplier. "Distributorship" means a business relationship between a supplier and a distributor established pursuant to a distribution agreement. Except as otherwise expressly provided in this Act, the term "distributorship" does not include a partnership, joint venture, corporation, limited liability company, or other entity owned in whole or in part by a supplier. "Good cause" means the material failure of a distributor to comply with essential and reasonable requirements imposed upon the distributor by a distribution agreement or bad faith in the performance of a distribution agreement. The requirements may not be discriminatory either by their terms or in the methods or effects of enforcement as compared with requirements imposed upon other similarly situated Illinois distributors. The requirements may not be inconsistent with this Act or in violation of any law or regulation. The failure of a distributor to assent to any amendment, modification, or change in the terms of a distribution agreement that impairs, restricts, or eliminates, in whole or in part, the distribution or delivery rights of a distributor under the distribution agreement shall not constitute good cause. "Good faith" means honesty in fact and the observation of reasonable commercial standards for fair dealing in trade. "Person" means a natural person, partnership, joint venture, corporation, limited liability company, or other entity and includes heirs, assigns, successors, personal representatives, and guardians. "Soft drink" means a non-alcoholic, carbonated beverage made from a concentrate, syrup, or other beverage base. "Soft drink products" means ready-to-use soft drinks, whether in bottles, cans, or other containers and soft drink beverage syrup for use in servicing fountain equipment and cup vending machines dispensing soft drinks. "Supplier" means a person engaged in the manufacture or marketing of soft drink beverage concentrate, syrup, or other soft drink beverage base for use in the preparation of soft drink products sold under trademarks owned or licensed by such person. Section 10. Legislative declarations; construction; variation by contract. (a) The General Assembly makes the following findings and declarations: (1) Distributors of soft drink products in the State of Illinois have been and are required to make substantial capital investments in plant, property, and equipment in order to fulfill their obligations under distribution agreements. Distributors must rely upon the continuing right to sell and distribute soft drink products to recover their investments and to obtain a reasonable return on those investments. (2) Distributorship relationships in the State of Illinois vitally affect the general economy of the State and the public's interest in the fair, efficient, and competitive distribution of soft drink products. (b) The purposes of this Act are to promote the public's interest in the fair, efficient, and competitive distribution of soft drink products by regulation and by the encouragement of suppliers and distributors of soft drink products to conduct their business relations toward these ends by: (1) protecting distributors against unfair treatment by suppliers in the negotiation, revision, renewal, and cancellation of distributorships and distribution practices;
4508 JOURNAL OF THE [May 14, 1999] (2) assuring that distributors are free to manage their business enterprises; (3) assuring suppliers and the public of continuing service from distributors able to devote adequate efforts and resources to the processing, bottling, canning, distribution, and delivery of soft drink products as to which they have been granted a distributorship; and (4) providing distributors with rights and remedies in addition to those existing by contract or at common law. This Act shall be liberally construed and applied to promote its underlying purposes. (c) Any contract or agreement purporting to waive or vary the provisions of this Act, or purporting to preclude the application of this Act to any distributorship subject to this Act is void and unenforceable to that extent. (d) This Act provides distributors with rights and remedies in addition to those existing by contract or common law and reaffirms rights and remedies provided by contract or common law. (e) In accordance with Section 1.31 of the Statute on Statutes, the provisions of this Act are severable. If any provision of this Act, or the application of any provision of this Act to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and the application of this Act to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. Section 15. Cancellation and alteration of distributorships. (a) No supplier, directly or through any officer, agent, employee, or representative, shall: (1) cancel, fail to renew, or otherwise terminate a distribution agreement without good cause to do so; (2) unilaterally impose any amendment, modification, or change in the terms of a distribution agreement; (3) fail to exercise good faith in the negotiation of any amendment, modification, or change in the terms of a distribution agreement, engage in retaliatory conduct against a distributor for the exercise of a legal right, or otherwise fail to exercise good faith in its dealings with a distributor; (4) discriminate in pricing, fees, charges or other terms of the distributorship against any distributor that withholds its assent to any amendment, modification, or change in the terms of a distribution agreement; (5) restrict or inhibit, directly or indirectly, the right of free association among distributors for any lawful purpose; (6) fail, without good cause, to offer a distributor the right, within its geographic territory, to (i) directly or through a cooperative or association of which the distributor is a member, bottle or can any new soft drink beverages introduced by the supplier and process any new soft drink beverage concentrate into beverage syrup, and (ii) sell, distribute, and deliver such soft drink beverages or soft drink beverage syrup under trademarks owned or licensed by the supplier or offer a distributor such right on terms and conditions less favorable than such right is offered to any other distributor of the supplier, including any distributor owned in whole or in part by the supplier. (b) No supplier who, pursuant to a distribution agreement, has granted a person the exclusive right in a generally defined geographic area to (i) directly or through a cooperative or association of which the person is a member, bottle or can one or more soft drink beverages, or process soft drink beverage concentrate
HOUSE OF REPRESENTATIVES 4509 into beverage syrup, and (ii) sell, distribute, or deliver such soft drink beverages or soft drink beverage syrup under trademarks owned or licensed by the supplier, shall, directly or through any officer, agent, employee, or representative, enter into an agreement authorizing, permitting, contemplating, or providing for the exercise of any of such rights in the same geographic area by any other person. Section 20. Notice of cancellation. (a) Except as hereinafter provided in subsection (c), no supplier may cancel, fail to renew, or otherwise terminate a distribution agreement unless the supplier furnishes prior notification to the affected party in accordance with subsection (b). (b) The notification required by subsection (a) of this Section shall contain (i) a statement of the supplier's intention to cancel, fail to renew, or otherwise terminate the distribution agreement, (ii) a complete statement of the reasons therefor, including all data and documentation necessary to fully apprise the distributor of the reasons for the action, and (iii) the date on which the action is intended to take effect. The notification shall be in writing and sent to the affected distributor by certified mail not less than 90 days before the date on which the supplier intends to cancel, fail to renew, or otherwise terminate the distribution agreement, and shall provide the distributor a reasonable period of time, in no event less than 60 days from the date of delivery or posting of the notice, within which to cure any claimed deficiency. If the reason for cancellation, nonrenewal, or other termination is nonpayment of sums due under the distributorship, the notification shall be sent not less than 30 days before the date on which the supplier intends to cancel, fail to renew, or otherwise terminate the distribution agreement, and the distributor shall have 30 days from the date of delivery or posting of the notice within which to cure the default. If the deficiency is cured within the applicable period, the notice shall be void. (c) The notice requirements of this Section shall not apply if the reason for cancellation, failure to renew, or other termination of a distributorship agreement is: (1) an assignment for the benefit of the distributor's creditors or similar disposition of substantially all of the assets of the distributor's business; (2) the insolvency of the distributor or the institution of proceedings in bankruptcy by or against the distributor; or (3) the dissolution or liquidation of the distributor. Section 25. Transfer of business assets and stock. No supplier, directly or through any officer, agent, employee or representative, shall: (a) unreasonably withhold or delay its consent, if requested by a distributor, to any assignment, sale, transfer, or other disposition of all or any portion of (i) a distributor's business, assets, or stock, or of the beneficial ownership or control of a distributor, or (ii) the stock, beneficial ownership, or control of any other entity owning or controlling a distributor; (b) upon the death of a person owning or controlling a distributor, unreasonably deny approval of a transfer of ownership or control of the distributorship to a surviving spouse or adult child of such person; (c) upon the death of one of the partners of a partnership operating the business of a distributor, deny the surviving partner or partners of such partnership the right to become a successor-in-interest to the distribution agreement between the supplier and such partnership; (d) unreasonably withhold or delay its consent, if requested by
4510 JOURNAL OF THE [May 14, 1999] a distributor, to any assignment, sale, or transfer to the distributor of all or any portion of the business, assets, or stock of any other person who has been granted the right to (i) directly or through a cooperative or association of which the person is a member, bottle or can one or more soft drink beverages or process soft drink beverage concentrate into beverage syrup, and (ii) sell, distribute, or deliver soft drink beverages or soft drink beverage syrup under trademarks owned or licensed by the supplier, where the distributor and such other person have freely negotiated such an assignment, sale, or transfer. Section 30. Reasonable compensation. (a) Any supplier that (i) cancels, fails to renew, or otherwise terminates any distribution agreement, or (ii) unlawfully denies approval of or unreasonably withholds consent to any assignment, transfer, or sale of a distributor's business, assets, stock, or other ownership interest in a distributor, shall (i) pay the distributor the fair market value of that portion of the distributor's business that the supplier has cancelled, failed to renew, or otherwise terminated, or (ii) pay the distributor or other aggrieved person the fair market value of that portion of the business, assets, stock, or other ownership interest sought to be assigned, transferred, or sold. Fair market value shall include, but shall not be limited to, the value of the goodwill associated with the business, assets, stock, or other ownership interest valued hereunder, and such fair market value shall be determined without regard to any marketability, minority interest, or other similar discount or reduction. (b) If a supplier and a distributor or other aggrieved person are unable to agree on the reasonable compensation to be paid under subsection (a), any such party may maintain a civil suit as provided in Section 35 of this Act or the matter may, by mutual agreement of the parties, be submitted to arbitration or mediation. Unless the parties otherwise agree, the costs of arbitration shall be shared equally by the parties. (c) No distributorship agreement may require the distributor to pay more than half the costs of arbitration or mediation or require arbitration or mediation to be conducted outside this State. Section 35. Judicial remedies. (a) It shall be an affirmative defense in an action between the parties to a distributorship agreement that good cause existed for a supplier to cancel, fail to renew, or otherwise terminate the distributorship agreement at issue. (b) If a supplier engages in any of the practices prohibited by Section 15 of this Act or violates any of the provisions of Sections 20, 25, or 30 of this Act, any aggrieved distributor or other aggrieved person may bring an action against the supplier for damages sustained by the distributor as a consequence thereof, together with the actual costs and expenses of the action, including reasonable attorney's fees. The aggrieved distributor or other aggrieved person also may be granted injunctive relief, including injunctive relief against an unlawful termination, cancellation, nonrenewal, or other termination of a distribution agreement. The remedies provided in this subsection (b) are cumulative with all other remedies available to an aggrieved distributor or other aggrieved person, including but not limited to the remedies provided for in subsections (c), (d) and (e) of this Section. (c) Upon proper application to the court, a supplier, distributor, or other aggrieved person may bring an action to determine reasonable compensation under Section 30 of this Act. (d) A supplier, distributor, or other aggrieved person may bring an action for a declaratory judgment to determine any controversy
HOUSE OF REPRESENTATIVES 4511 arising under this Act or out of the distributorship relationship. (e) If, in any action brought pursuant to this Act, a finding is made that a party has not acted in good faith with respect to any other party to a distribution agreement, an appropriate penalty shall be assessed against that party and, in addition, that party shall also be ordered to pay the actual costs and expenses of the action, including reasonable attorney's fees incurred by the other party. (f) Any action brought pursuant to this Act shall be brought in a court of this State or in a federal court in this State vested with jurisdiction over the controversy. Venue in any such action shall be in accordance with the Code of Civil Procedure or Title 28 of the U.S. Code, as the case may be, provided that in any action brought in a court of this State, venue also shall exist in any county in which the distributorship is located. (g) Nothing in this Act shall (i) prohibit the parties to any dispute from agreeing to arbitrate the dispute or to submit the dispute to mediation or (ii) prohibit the enforcement of any arbitration or mediation agreement in accordance with applicable Illinois law. In any such arbitration or mediation, the definitions and substantive provisions of this Act shall apply and the arbitrator or mediator may afford the remedies provided for by this Act. Section 40. Application of this Act. This Act shall govern all relations between suppliers and distributors to the fullest extent consistent with the constitutions of this State and of the United States. All provisions of this Act which are declarative of or clarify existing law, including the provisions of Section 15(a)(3) of this Act, apply to all agreements between a supplier and a distributor whether those agreements were entered into before or after the effective date of this Act. In addition, this Act shall, to the fullest extent permitted by law, apply (i) to conduct occurring after the effective date of this Act, whether or not such conduct relates to a distribution agreement entered into before the effective date of this Act, and (ii) to distribution agreements entered into or amended after the effective date of this Act, including any renewal of a distribution agreement in existence on or before the effective date of this Act. Renewal of a distribution agreement with a designated term or duration shall mean (i) the establishment of a new term or duration, (ii) an extension of the distribution agreement on any other basis, or (iii) the shipment of soft drink concentrate or syrup to the distributor after the expiration of the designated term or duration. Renewal of a distribution agreement that provides for a month to month, year to year, or other periodic term or duration, shall mean (i) the continuation of the distributorship into the next month, year, or other period commencing after the effective date of this Act, (ii) an extension of the distribution agreement on any other basis, or (iii) the shipment of soft drink concentrate or syrup to a distributor after the expiration of the month, year, or other period of the distribution agreement. Renewal of any distribution agreement that does not have a designated term or duration, or that is terminable at will or upon notice, shall mean the shipment of soft drink concentrate or syrup to a distributor after the effective date of this Act. 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 1061 was placed on the Calendar on the order of Concurrence.
4512 JOURNAL OF THE [May 14, 1999] 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 1134 A bill for AN ACT to amend the School Code by changing Section 18-8.05. 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. 1134. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1134 as follows: on page 7, immediately below line 6, by inserting the following: "(5) The amount of general State aid allocated to a school district for the 1999-2000 school year meeting the requirements set forth in paragraph (4) of subsection (G) shall be increased by an amount equal to the general State aid that would have been received by the district for the 1998-1999 school year by utilizing the Extension Limitation Equalized Assessed Valuation as calculated in paragraph (4) of subsection (G) less the general State aid allotted for the 1998-1999 school year. This amount shall be deemed a one time increase, and shall not affect any future general State aid allocations."; and on page 12, by replacing lines 21 and 22 with the following: "Operating Tax Rate as defined in subsection (A)."; and on page 13, immediately below line 21, by inserting the following: "(4) For the purposes of calculating general State aid for the 1999-2000 school year only, if a school district experienced a triennial reassessment on the equalized assessed valuation used in calculating its general State financial aid apportionment for the 1998-1999 school year, the State Board of Education shall calculate the Extension Limitation Equalized Assessed Valuation that would have been used to calculate the district's 1998-1999 general State aid. This amount shall equal the product of the equalized assessed valuation used to calculate general State aid for the 1997-1998 school year and the district's Extension Limitation Ratio. If the Extension Limitation Equalized Assessed Valuation of the school district as calculated under this paragraph (4) is less than the district's equalized assessed valuation utilized in calculating the district's 1998-1999 general State aid allocation, then for purposes of calculating the district's general State aid pursuant to paragraph (5) of subsection (E), that Extension Limitation Equalized Assessed Valuation shall be utilized to calculate the district's Available Local Resources.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1134 was placed on the Calendar on the order of
HOUSE OF REPRESENTATIVES 4513 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 1177 A bill for AN ACT to amend the Consumer Fraud and Deceptive Business Practices Act by changing Section 10a. 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. 3 to HOUSE BILL NO. 1177. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 3. Amend House Bill 1177 by replacing the title with the following: "AN ACT concerned with home repair and remodeling fraud."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Home Repair and Remodeling Act. Section 5. Policy. It is the public policy of this State that in order to safeguard the life, health, property, and public welfare of its citizens, the business of home repair and remodeling is a matter affecting the public interest. The General Assembly recognizes that improved communications and accurate representations between persons engaged in the business of making home repairs or remodeling and their consumers will increase consumer confidence, reduce the likelihood of disputes, and promote fair and honest practices in that business in this State. Section 10. Definitions. As used in this Act: "Home repair and remodeling" means the fixing, replacing, altering, converting, modernizing, improving, or making of an addition to any real property primarily designed or used as a residence other than maintenance, service, or repairs under $500. "Home repair and remodeling" includes the construction, installation, replacement, or improvement of driveways, swimming pools, porches, kitchens, bathrooms, basements, chimneys, chimney liners, garages, fences, fallout shelters, central air conditioning, central heating, boilers, furnaces, electrical wiring, sewers, plumbing fixtures, storm doors, windows, roofs, awnings, and other improvements to structures within the residence or upon the land adjacent to the residence. "Home repair and remodeling" does not include the sale, installation, cleaning, or repair of carpets; the repair, installation, replacement, or connection of any home appliance including, but not limited to, disposals, refrigerators, ranges, garage door openers, televisions or television antennas, washing machines, telephones, hot water heaters, satellite dishes, or other appliances when the persons replacing, installing, repairing, or connecting the home appliance are employees or agents of the merchant
4514 JOURNAL OF THE [May 14, 1999] that sold the home appliance or sold new products of the same type; or landscaping. "Person" means any individual, partnership, corporation, business, trust, or other legal entity. "Residence" means a single-family home or dwelling or a multiple-family home or dwelling containing 6 or fewer apartments, condominiums, town houses, or dwelling units, used or intended to be used by occupants as dwelling places. This Act does not apply to original construction of single-family or multi-family residences or repairs to dwellings containing more than 6 apartments or family units. Section 15. Written contract; costs enumerated. Prior to initiating home repair or remodeling work for over $1,000, a person engaged in the business of home repair or remodeling shall furnish to the customer for signature a written contract or work order that states the total cost, including parts and materials listed with reasonable particularity and any charge for an estimate. In addition, the contract shall state the business name and address of the person engaged in the business of home repair or remodeling. If the person engaged in the business of home repair or remodeling uses a post office box or mail receiving service or agent to receive home repair or remodeling business correspondence, the contract also shall state the residence address of the person engaged in the business of home repair or remodeling. Section 20. Consumer rights brochure. (a) For any contract over $1,000, any person engaging in the business of home repair and remodeling shall provide to its customers a copy of the "Home Repair: Know Your Consumer Rights" pamphlet prior to the execution of any home repair and remodeling contract. The consumer shall sign and date an acknowledgment form entitled "Consumer Rights Acknowledgment Form" that states: "I, the homeowner, have received from the contractor a copy of the pamphlet entitled 'Home Repair: Know Your Consumer Rights.'" The contractor or his or her representative shall also sign and date the acknowledgment form, which includes the name and address of the home repair and remodeling business. The acknowledgment form shall be in duplicate and incorporated into the pamphlet. The original acknowledgment form shall be retained by the contractor and the duplicate copy shall be retained within the pamphlet by the consumer. (b) For any contract for $1,000 or under, any person engaging in the business of home repair and remodeling shall provide to its customers a copy of the "Home Repair: Know Your Consumer Rights" pamphlet. No written acknowledgment of receipt of the pamphlet is required for a contract of $1,000 or under. (c) The pamphlet must be a separate document, in at least 12 point type, and in legible ink. The pamphlet shall read as follows: "HOME REPAIR: KNOW YOUR CONSUMER RIGHTS As you plan for your home repair/improvement project, it is important to ask the right questions in order to protect your investment. The tips in this fact sheet should allow you to protect yourself and minimize the possibility that a misunderstanding may occur. AVOIDING HOME REPAIR FRAUD Please use extreme caution when confronted with the following warning signs of a potential scam: (1) Door-to-door salespersons with no local connections who offer to do home repair work for substantially less than the market price. (2) Solicitations for repair work from a company that lists only a telephone number or a post-office box number to contact, particularly if it is an out-of-state company.
HOUSE OF REPRESENTATIVES 4515 (3) Contractors who fail to provide customers references when requested. (4) Persons offering to inspect your home for free. Do not admit anyone into your home unless he or she can present authentic identification establishing his or her business status. When in doubt, do not hesitate to call the worker's employer to verify his or her identity. (5) Contractors demanding cash payment for a job or who ask you to make a check payable to a person other than the owner or company name. (6) Offers from a contractor to drive you to the bank to withdraw funds to pay for the work. CONTRACTS (1) Get all estimates in writing. (2) Do not be induced into signing a contract by high-pressure sales tactics. (3) Never sign a contract with blank spaces or one you do not fully understand. If you are taking out a loan to finance the work, do not sign the contract before your lender approves the loan. (4) Remember, you have 3 business days from the time you sign your contract to cancel any contract if the sale is made at your home. The contractor cannot deprive you of this right by initiating work, selling your contract to a lender, or any other tactic. (5) If the contractor does business under a name other than the contractor's real name, the business must either be incorporated or registered under the Assumed Business Name Act. Check with the Secretary of State to see if the business is incorporated or with the county clerk to see if the business has registered under the Assumed Business Name Act. (6) Homeowners should check with local and county units of government to determine if permits or inspections are required. (7) Determine whether the contractor will guarantee his or her work and products. (8) Determine whether the contractor has the proper insurance. (9) Do not sign a certificate of completion or make final payment until the work is done to your satisfaction. (10) Remember, homeowners should know who provides supplies and labor for any work performed on your home. Suppliers and subcontractors have a right to file a lien against your property if the general contractor fails to pay them. To protect your property, request lien waivers from the general contractor. BASIC TERMS TO BE INCLUDED IN A CONTRACT (1) Contractor's full name, address, and telephone number. Illinois law requires that persons selling home repair and improvement services provide their customers with notice of any change to their business name or address that comes about prior to the agreed dates for beginning or completing the work. (2) A description of the work to be performed. (3) Starting and estimated completion dates. (4) Total cost of work to be performed. (5) Schedule and method of payment, including down payment, subsequent payments, and final payment. (6) A provision stating the grounds for termination of the contract by either party. However, the homeowner must pay the contractor for work completed. If the contractor fails to commence or complete work within the contracted time period, the homeowner may cancel and may be entitled to a refund of any down payment or other payments made towards the work, upon written demand by certified mail. Homeowners should obtain a copy of the signed contract and keep it in a safe place for reference as needed.
4516 JOURNAL OF THE [May 14, 1999] IF YOU THINK YOU HAVE BEEN DEFRAUDED OR YOU HAVE QUESTIONS If you think you have been defrauded by a contractor or have any questions, please bring it to the attention of your State's Attorney or the Illinois Attorney General's Office. Attorney General Toll-Free Numbers Carbondale (800) 243-0607 Springfield (800) 243-0618 Chicago (800) 386-5438". Section 25. Insurance required. Any person engaged in the business of home repair and remodeling shall obtain and maintain in full force and effect during the operation of the business public liability and property damage insurance in the amount of $100,000 per person and $300,000 per occurrence of bodily injury, $50,000 per occurrence for property damage, and in the amount of $10,000 per occurrence for improper home repair or remodeling not in conformance with applicable State, county, or municipal building codes, unless the person has a net worth of not less than $1,000,000 as determined on the basis of the person's most recent financial statement, prepared within 13 months. Section 30. Unlawful acts. It is unlawful for any person engaged in the business of home repairs and remodeling to remodel or make repairs or charge for remodeling or repair work before obtaining a signed contract or work order over $1,000. This conduct is unlawful but is not exclusive nor meant to limit other kinds of methods, acts, or practices that may be unfair or deceptive. Section 35. Enforcement. (a) The Attorney General or the State's Attorney of any county in this State may bring an action in the name of the people of this State against any person to restrain and prevent any pattern or practice violation of this Act. In the enforcement of this Act, the Attorney General or the State's Attorney may accept an assurance of voluntary compliance from anyone engaged in any conduct, act, or practice deemed in violation of this Act. Failure to perform the terms of any such assurance constitutes prima facie evidence of a violation of this Act. (b) All remedies, penalties, and authority granted to the Attorney General or the State's Attorney of any county in this State by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for enforcement of this Act, and any violation of this Act shall constitute a violation of the Consumer Fraud and Deceptive Business Practices Act. Section 900. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows: (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z) Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Care Act, or the Pre-Need Cemetery Sales Act commits an unlawful practice within the meaning of this Act. (Source: P.A. 89-72, eff. 12-31-95; 89-615, eff. 8-9-96; 90-426, eff. 1-1-98.) Section 999. Effective date. This Act takes effect January 1, 2000.".
HOUSE OF REPRESENTATIVES 4517 The foregoing message from the Senate reporting Senate Amendment No. 3 to HOUSE BILL 1177 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 1278 A bill for AN ACT in relation to cannabis and controlled substances. 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. 2 to HOUSE BILL NO. 1278. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 1278 by replacing the title with the following: "AN ACT in relation to controlled substances."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Controlled Substances Act is amended by changing Sections 102, 401, and 401.5 as follows: (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) Sec. 102. Definitions. As used in this Act, unless the context otherwise requires: (a) "Addict" means any person who habitually uses any drug, chemical, substance or dangerous drug other than alcohol so as to endanger the public morals, health, safety or welfare or who is so far addicted to the use of a dangerous drug or controlled substance other than alcohol as to have lost the power of self control with reference to his addiction. (b) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by: (1) a practitioner (or, in his presence, by his authorized agent), or (2) the patient or research subject at the lawful direction of the practitioner. (c) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman. (c-1) "Anabolic Steroids" means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promotes muscle growth, and includes: (i) boldenone, (ii) chlorotestosterone, (iii) chostebol,
4518 JOURNAL OF THE [May 14, 1999] (iv) dehydrochlormethyltestosterone, (v) dihydrotestosterone, (vi) drostanolone, (vii) ethylestrenol, (viii) fluoxymesterone, (ix) formebulone, (x) mesterolone, (xi) methandienone, (xii) methandranone, (xiii) methandriol, (xiv) methandrostenolone, (xv) methenolone, (xvi) methyltestosterone, (xvii) mibolerone, (xviii) nandrolone, (xix) norethandrolone, (xx) oxandrolone, (xxi) oxymesterone, (xxii) oxymetholone, (xxiii) stanolone, (xxiv) stanozolol, (xxv) testolactone, (xxvi) testosterone, (xxvii) trenbolone, and (xxviii) any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth. Any person who is otherwise lawfully in possession of an anabolic steroid, or who otherwise lawfully manufactures, distributes, dispenses, delivers, or possesses with intent to deliver an anabolic steroid, which anabolic steroid is expressly intended for and lawfully allowed to be administered through implants to livestock or other nonhuman species, and which is approved by the Secretary of Health and Human Services for such administration, and which the person intends to administer or have administered through such implants, shall not be considered to be in unauthorized possession or to unlawfully manufacture, distribute, dispense, deliver, or possess with intent to deliver such anabolic steroid for purposes of this Act. (d) "Administration" means the Drug Enforcement Administration, United States Department of Justice, or its successor agency. (e) "Control" means to add a drug or other substance, or immediate precursor, to a Schedule under Article II of this Act whether by transfer from another Schedule or otherwise. (f) "Controlled Substance" means a drug, substance, or immediate precursor in the Schedules of Article II of this Act. (g) "Counterfeit substance" means a controlled substance, which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance. (h) "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession of a controlled substance, with or without consideration, whether or not there is an agency relationship. (i) "Department" means the Illinois Department of Human Services (as successor to the Department of Alcoholism and Substance Abuse) or its successor agency. (j) "Department of State Police" means the Department of State Police of the State of Illinois or its successor agency.
HOUSE OF REPRESENTATIVES 4519 (k) "Department of Corrections" means the Department of Corrections of the State of Illinois or its successor agency. (l) "Department of Professional Regulation" means the Department of Professional Regulation of the State of Illinois or its successor agency. (m) "Depressant" or "stimulant substance" means: (1) a drug which contains any quantity of (i) barbituric acid or any of the salts of barbituric acid which has been designated as habit forming under section 502 (d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352 (d)); or (2) a drug which contains any quantity of (i) amphetamine or methamphetamine and any of their optical isomers; (ii) any salt of amphetamine or methamphetamine or any salt of an optical isomer of amphetamine; or (iii) any substance which the Department, after investigation, has found to be, and by rule designated as, habit forming because of its depressant or stimulant effect on the central nervous system; or (3) lysergic acid diethylamide; or (4) any drug which contains any quantity of a substance which the Department, after investigation, has found to have, and by rule designated as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect. (n) "Designated product" means any narcotic drug, amphetamine, phenmetrazine, methamphetamine, gluthethimide, pentazocine or cannabis product listed in Schedule II and also means a controlled substance listed in Schedule II which is determined and designated by the Department or its successor agency to be such a product. A designated product shall only be dispensed upon an official prescription blank. (o) "Director" means the Director of the Department of State Police or the Department of Professional Regulation or his designated agents. (p) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a prescriber, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery. (q) "Dispenser" means a practitioner who dispenses. (r) "Distribute" means to deliver, other than by administering or dispensing, a controlled substance. (s) "Distributor" means a person who distributes. (t) "Drug" means (1) substances recognized as drugs in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (2) substances intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (3) substances (other than food) intended to affect the structure of any function of the body of man or animals and (4) substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. It does not include devices or their components, parts, or accessories. (t-1) "Drug manufacturing equipment" means, but is not limited to, one, two, or three-neck round-bottom flasks, reflux condensers, tableting machines, encapsulating machines, heating mantles, tanks suitable for holding anhydrous ammonia or instruments or devices suitable for blending or crushing substances into liquid or powder. "Drug manufacturing equipment" also means any punch, die, plate, stone or other thing designed to print, imprint, or reproduce the trademark, trade name or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or
4520 JOURNAL OF THE [May 14, 1999] container or labeling of the drug or container so as to render the drug a counterfeit substance. (t-2) "Drug manufacturing facilitator" means any of the following: (1) Acetic acid. (2) Acetic anhydride. (3) Acetone. (4) Acetyl chloride. (5) Ammonium chloride. (6) Ammonium formate. (7) Ammonium hydroxide. (8) Anhydrous ammonia. (9) Benzene. (10) Benzyl chloride. (11) n-Butyl acetate. (12) n-Butyl alcohol. (13) sec-Butyl alcohol. (14) Calcium carbonate. (15) Calcium hydroxide. (16) Calcium oxide. (17) Carbon disulfide. (18) Chloroform. (19) Cyclohexane. (20) Diacetone alcohol. (21) Ethyl acetate. (22) Ethyl alcohol (or denatured alcohol). (23) Ethyl ether. (24) Ethylidene diacetate. (25) Formamide. (26) Formic acid. (27) Hexane. (28) Hydrochloric acid. (29) Hydrochloric gas. (30) Hydrogen peroxide. (31) Iodine. (32) Isobutyl alcohol. (33) Isopropyl alcohol. (34) Kerosene. (35) Lithium metal. (36) Methyl alcohol. (37) Methylene chloride. (38) Methyl ethyl ketone (or 2-Butanone). (39) Methyl isobutyl alcohol. (40) N-methylformamide. (41) Petroleum ether. (42) Potassium carbonate. (43) Potassium cyanide. (44) Potassium hydroxide. (45) Potassium permanganate. (46) Red phosphorus. (47) Sodium bicarbonate. (48) Sodium carbonate. (49) Sodium cyanide. (50) Sodium hydroxide. (51) Sodium sulfate. (52) Sulfuric acid. (53) Tartaric acid. (54) Toluene. (55) Trichloroethylene. (56) Urea. (57) Xylenes.
HOUSE OF REPRESENTATIVES 4521 (u) "Good faith" means the prescribing or dispensing of a controlled substance by a practitioner in the regular course of professional treatment to or for any person who is under his treatment for a pathology or condition other than that individual's physical or psychological dependence upon or addiction to a controlled substance, except as provided herein: and application of the term to a pharmacist shall mean the dispensing of a controlled substance pursuant to the prescriber's order which in the professional judgment of the pharmacist is lawful. The pharmacist shall be guided by accepted professional standards including, but not limited to the following, in making the judgment: (1) lack of consistency of doctor-patient relationship, (2) frequency of prescriptions for same drug by one prescriber for large numbers of patients, (3) quantities beyond those normally prescribed, (4) unusual dosages, (5) unusual geographic distances between patient, pharmacist and prescriber, (6) consistent prescribing of habit-forming drugs. (u-1) "Home infusion services" means services provided by a pharmacy in compounding solutions for direct administration to a patient in a private residence, long-term care facility, or hospice setting by means of parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion. (v) "Immediate precursor" means a substance: (1) which the Department has found to be and by rule designated as being a principal compound used, or produced primarily for use, in the manufacture of a controlled substance; (2) which is an immediate chemical intermediary used or likely to be used in the manufacture of such controlled substance; and (3) the control of which is necessary to prevent, curtail or limit the manufacture of such controlled substance. (w) "Instructional activities" means the acts of teaching, educating or instructing by practitioners using controlled substances within educational facilities approved by the State Board of Education or its successor agency. (x) "Local authorities" means a duly organized State, County or Municipal peace unit or police force. (y) "Look-alike substance" means a substance, other than a controlled substance which (1) by overall dosage unit appearance, including shape, color, size, markings or lack thereof, taste, consistency, or any other identifying physical characteristic of the substance, would lead a reasonable person to believe that the substance is a controlled substance, or (2) is expressly or impliedly represented to be a controlled substance or is distributed under circumstances which would lead a reasonable person to believe that the substance is a controlled substance. For the purpose of determining whether the representations made or the circumstances of the distribution would lead a reasonable person to believe the substance to be a controlled substance under this clause (2) of subsection (y), the court or other authority may consider the following factors in addition to any other factor that may be relevant: (a) statements made by the owner or person in control of the substance concerning its nature, use or effect; (b) statements made to the buyer or recipient that the substance may be resold for profit; (c) whether the substance is packaged in a manner normally used for the illegal distribution of controlled substances; (d) whether the distribution or attempted distribution
4522 JOURNAL OF THE [May 14, 1999] included an exchange of or demand for money or other property as consideration, and whether the amount of the consideration was substantially greater than the reasonable retail market value of the substance. Clause (1) of this subsection (y) shall not apply to a noncontrolled substance in its finished dosage form that was initially introduced into commerce prior to the initial introduction into commerce of a controlled substance in its finished dosage form which it may substantially resemble. Nothing in this subsection (y) prohibits the dispensing or distributing of noncontrolled substances by persons authorized to dispense and distribute controlled substances under this Act, provided that such action would be deemed to be carried out in good faith under subsection (u) if the substances involved were controlled substances. Nothing in this subsection (y) or in this Act prohibits the manufacture, preparation, propagation, compounding, processing, packaging, advertising or distribution of a drug or drugs by any person registered pursuant to Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360). (y-1) "Mail-order pharmacy" means a pharmacy that is located in a state of the United States, other than Illinois, that delivers, dispenses or distributes, through the United States Postal Service or other common carrier, to Illinois residents, any substance which requires a prescription. (z) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling of its container, except that this term does not include: (1) by an ultimate user, the preparation or compounding of a controlled substance for his own use; or (2) by a practitioner, or his authorized agent under his supervision, the preparation, compounding, packaging, or labeling of a controlled substance: (a) as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or (b) as an incident to lawful research, teaching or chemical analysis and not for sale. (z-1) "Methamphetamine manufacturing chemical" means any of the following chemicals or substances containing any of the following chemicals: benzyl methyl ketone, ephedrine, methyl benzyl ketone, phenylacetic acid, phenylacetone, phenyl-2-propanone, 1-phenyl-1, 2-propanedione, phenylpropanol, propiophenone, or pseudoephedrine or any of the salts, optical isomers, or salts of optical isomers of the above-listed chemicals. (aa) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (1) opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate; (2) any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (1), but not including the isoquinoline alkaloids of opium; (3) opium poppy and poppy straw; (4) coca leaves and any salts, compound, isomer, salt of an
HOUSE OF REPRESENTATIVES 4523 isomer, derivative, or preparation of coca leaves including cocaine or ecgonine, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine (for the purpose of this paragraph, the term "isomer" includes optical, positional and geometric isomers). (bb) "Nurse" means a registered nurse licensed under the Nursing and Advanced Practice Nursing Act. (cc) "Official prescription blanks" means the triplicate prescription forms supplied to prescribers by the Department for prescribing Schedule II Designated Product controlled substances. (dd) "Opiate" means any substance having an addiction forming or addiction sustaining liability similar to morphine or being capable of conversion into a drug having addiction forming or addiction sustaining liability. (ee) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds. (ff) "Parole and Pardon Board" means the Parole and Pardon Board of the State of Illinois or its successor agency. (gg) "Person" means any individual, corporation, mail-order pharmacy, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other entity. (hh) "Pharmacist" means any person who holds a certificate of registration as a registered pharmacist, a local registered pharmacist or a registered assistant pharmacist under the Pharmacy Practice Act of 1987. (ii) "Pharmacy" means any store, ship or other place in which pharmacy is authorized to be practiced under the Pharmacy Practice Act of 1987. (jj) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing. (kk) "Practitioner" means a physician licensed to practice medicine in all its branches, dentist, podiatrist, veterinarian, scientific investigator, pharmacist, physician assistant, advanced practice nurse, licensed practical nurse, registered nurse, hospital, laboratory, or pharmacy, or other person licensed, registered, or otherwise lawfully permitted by the United States or this State to distribute, dispense, conduct research with respect to, administer or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research. (ll) "Pre-printed prescription" means a written prescription upon which the designated drug has been indicated prior to the time of issuance. (mm) "Prescriber" means a physician licensed to practice medicine in all its branches, dentist, podiatrist or veterinarian who issues a prescription, a physician assistant who issues a prescription for a Schedule III, IV, or V controlled substance in accordance with Section 303.05 and the written guidelines required under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice nurse with prescriptive authority in accordance with Section 303.05 and a written collaborative agreement under Sections 15-15 and 15-20 of the Nursing and Advanced Practice Nursing Act. (nn) "Prescription" means a lawful written, facsimile, or verbal order of a physician licensed to practice medicine in all its branches, dentist, podiatrist or veterinarian for any controlled substance, of a physician assistant for a Schedule III, IV, or V controlled substance in accordance with Section 303.05 and the
4524 JOURNAL OF THE [May 14, 1999] written guidelines required under Section 7.5 of the Physician Assistant Practice Act of 1987, or of an advanced practice nurse who issues a prescription for a Schedule III, IV, or V controlled substance in accordance with Section 303.05 and a written collaborative agreement under Sections 15-15 and 15-20 of the Nursing and Advanced Practice Nursing Act. (oo) "Production" or "produce" means manufacture, planting, cultivating, growing, or harvesting of a controlled substance. (pp) "Registrant" means every person who is required to register under Section 302 of this Act. (qq) "Registry number" means the number assigned to each person authorized to handle controlled substances under the laws of the United States and of this State. (rr) "State" includes the State of Illinois and any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America. (ss) "Ultimate user" means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administering to an animal owned by him or by a member of his household. (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97; 90-116, eff. 7-14-97; 90-742, eff. 8-13-98; 90-818, eff. 3-23-99.) (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401) Sec. 401. Except as authorized by this Act, it is unlawful for any person knowingly to: (i) manufacture or deliver, or possess with intent to manufacture or deliver, a controlled or counterfeit substance or controlled substance analog or (ii) possess any methamphetamine manufacturing chemical listed in paragraph (z-1) of Section 102 with the intent to manufacture methamphetamine or the salt of an optical isomer of methamphetamine or an analog thereof. A violation of this Act with respect to each of the controlled substances listed herein constitutes a single and separate violation of this Act. For purposes of this Section, "controlled substance analog" or "analog" means a substance which is intended for human consumption, other than a controlled substance, that has a chemical structure substantially similar to that of a controlled substance in Schedule I or II, or that was specifically designed to produce an effect substantially similar to that of a controlled substance in Schedule I or II. Examples of chemical classes in which controlled substance analogs are found include, but are not limited to, the following: phenethylamines, N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted indoles, and arylcycloalkylamines. For purposes of this Act, a controlled substance analog shall be treated in the same manner as the controlled substance to which it is substantially similar. (a) Any person who violates this Section with respect to the following amounts of controlled or counterfeit substances or controlled substance analogs, notwithstanding any of the provisions of subsections (c), (d), (e), (f), (g) or (h) to the contrary, is guilty of a Class X felony and shall be sentenced to a term of imprisonment as provided in this subsection (a) and fined as provided in subsection (b): (1) (A) not less than 6 years and not more than 30 years with respect to 15 grams or more but less than 100 grams of a substance containing heroin, or an analog thereof; (B) not less than 9 years and not more than 40 years with respect to 100 grams or more but less than 400 grams of a substance containing heroin, or an analog thereof; (C) not less than 12 years and not more than 50 years with respect to 400 grams or more but less than 900 grams of
HOUSE OF REPRESENTATIVES 4525 a substance containing heroin, or an analog thereof; (D) not less than 15 years and not more than 60 years with respect to 900 grams or more of any substance containing heroin, or an analog thereof; (2) (A) not less than 6 years and not more than 30 years with respect to 15 grams or more but less than 100 grams of a substance containing cocaine, or an analog thereof; (B) not less than 9 years and not more than 40 years with respect to 100 grams or more but less than 400 grams of a substance containing cocaine, or an analog thereof; (C) not less than 12 years and not more than 50 years with respect to 400 grams or more but less than 900 grams of a substance containing cocaine, or an analog thereof; (D) not less than 15 years and not more than 60 years with respect to 900 grams or more of any substance containing cocaine, or an analog thereof; (3) (A) not less than 6 years and not more than 30 years with respect to 15 grams or more but less than 100 grams of a substance containing morphine, or an analog thereof; (B) not less than 9 years and not more than 40 years with respect to 100 grams or more but less than 400 grams of a substance containing morphine, or an analog thereof; (C) not less than 12 years and not more than 50 years with respect to 400 grams or more but less than 900 grams of a substance containing morphine, or an analog thereof; (D) not less than 15 years and not more than 60 years with respect to 900 grams or more of a substance containing morphine, or an analog thereof; (4) 200 grams or more of any substance containing peyote, or an analog thereof; (5) 200 grams or more of any substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid, or an analog thereof; (6) 200 grams or more of any substance containing amphetamine or any salt of an optical isomer of amphetamine, or an analog thereof; (6.5) (A) not less than 6 years and not more than 30 years with respect to 15 grams or more but less than 100 grams of a substance containing methamphetamine or any salt of an optical isomer of methamphetamine, or an analog thereof; (B) not less than 6 years and not more than 40 years with respect to 100 grams or more but less than 400 grams of a substance containing methamphetamine or any salt of an optical isomer of methamphetamine, or an analog thereof; (C) not less than 6 years and not more than 50 years with respect to 400 grams or more but less than 900 grams of a substance containing methamphetamine or any salt of an optical isomer of methamphetamine, or an analog thereof; (D) not less than 6 years and not more than 60 years with respect to 900 grams or more of any substance containing methamphetamine or any salt of an optical isomer of methamphetamine, or an analog thereof. (6.6) (A) not less than 6 years and not more than 30 years for the possession of any methamphetamine manufacturing chemical set forth in paragraph (z-1) of Section 102, with intent to manufacture 30 grams or more but less than 150 grams of any substance containing methamphetamine, or salt of any optical isomer of methamphetamine, or an analog thereof; (B) not less than 6 years and not more than 40 years for the possession of any methamphetamine manufacturing
4526 JOURNAL OF THE [May 14, 1999] chemical set forth in paragraph (z-1) of Section 102 with intent to manufacture 150 grams or more but less than 500 grams of any substance containing methamphetamine, or salt of an optical isomer of methamphetamine, or an analog thereof; (C) not less than 6 years and not more than 50 years for the possession of any methamphetamine manufacturing chemical set forth in paragraph (z-1) of Section 102 with intent to manufacture 500 grams or more but less than 1200 grams of any substance containing methamphetamine, or salt of an optical isomer of methamphetamine, or an analog thereof; (D) not less than 6 years and not more than 60 years for the possession of any methamphetamine manufacturing chemical set forth in paragraph (z-1) of Section 102 with intent to manufacture 1200 grams or more of any substance containing methamphetamine, or salt of an optical isomer of methamphetamine, or an analog thereof; (7) (A) not less than 6 years and not more than 30 years with respect to: (i) 15 grams or more but less than 100 grams of a substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 15 or more objects or 15 or more segregated parts of an object or objects but less than 200 objects or 200 segregated parts of an object or objects containing in them or having upon them any amounts of any substance containing lysergic acid diethylamide (LSD), or an analog thereof; (B) not less than 9 years and not more than 40 years with respect to: (i) 100 grams or more but less than 400 grams of a substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 200 or more objects or 200 or more segregated parts of an object or objects but less than 600 objects or less than 600 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof; (C) not less than 12 years and not more than 50 years with respect to: (i) 400 grams or more but less than 900 grams of a substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 600 or more objects or 600 or more segregated parts of an object or objects but less than 1500 objects or 1500 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof; (D) not less than 15 years and not more than 60 years with respect to: (i) 900 grams or more of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 1500 or more objects or 1500 or more segregated parts of an object or objects containing in them or having upon them any amount of a substance containing lysergic acid diethylamide (LSD), or an analog thereof; (8) 30 grams or more of any substance containing pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof; (9) 30 grams or more of any substance containing methaqualone or any of the salts, isomers and salts of isomers of methaqualone, or an analog thereof; (10) 30 grams or more of any substance containing phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP), or an analog thereof;
HOUSE OF REPRESENTATIVES 4527 (10.5) 30 grams or more of any substance containing ketamine or any of the salts, isomers and salts of isomers of ketamine, or an analog thereof; (11) 200 grams or more of any substance containing any other controlled substance classified in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection. (b) Any person sentenced with respect to violations of paragraph (1), (2), (3), (6.5), (6.6), or (7) of subsection (a) involving 100 grams or more of the controlled substance named therein, may in addition to the penalties provided therein, be fined an amount not more than $500,000 or the full street value of the controlled or counterfeit substance or controlled substance analog, whichever is greater. The term "street value" shall have the meaning ascribed in Section 110-5 of the Code of Criminal Procedure of 1963. Any person sentenced with respect to any other provision of subsection (a), may in addition to the penalties provided therein, be fined an amount not to exceed $500,000. (c) Any person who violates this Section with regard to the following amounts of controlled or counterfeit substances or controlled substance analogs, notwithstanding any of the provisions of subsections (a), (b), (d), (e), (f), (g) or (h) to the contrary, is guilty of a Class 1 felony. The fine for violation of this subsection (c) shall not be more than $250,000: (1) 10 or more grams but less than 15 grams of any substance containing heroin, or an analog thereof; (2) 1 gram or more but less than 15 grams of any substance containing cocaine, or an analog thereof; (3) 10 grams or more but less than 15 grams of any substance containing morphine, or an analog thereof; (4) 50 grams or more but less than 200 grams of any substance containing peyote, or an analog thereof; (5) 50 grams or more but less than 200 grams of any substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid, or an analog thereof; (6) 50 grams or more but less than 200 grams of any substance containing amphetamine or any salt of an optical isomer of amphetamine, or an analog thereof; (6.5) 5 grams or more but less than 15 grams of any substance containing methamphetamine or any salt or optical isomer of methamphetamine, or an analog thereof; (7) (i) 5 grams or more but less than 15 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) more than 10 objects or more than 10 segregated parts of an object or objects but less than 15 objects or less than 15 segregated parts of an object containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof; (8) 10 grams or more but less than 30 grams of any substance containing pentazocine or any of the salts, isomers and salts of isomers of pentazocine, or an analog thereof; (9) 10 grams or more but less than 30 grams of any substance containing methaqualone or any of the salts, isomers and salts of isomers of methaqualone, or an analog thereof; (10) 10 grams or more but less than 30 grams of any substance containing phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP), or an analog thereof; (10.5) 10 grams or more but less than 30 grams of any substance containing ketamine or any of the salts, isomers and
4528 JOURNAL OF THE [May 14, 1999] salts of isomers of ketamine, or an analog thereof; (11) 50 grams or more but less than 200 grams of any substance containing a substance classified in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection. (c-5) Any person who violates this Section with regard to possession of any methamphetamine manufacturing chemical set forth in paragraph (z-1) of Section 102 with intent to manufacture 15 grams or more but less than 30 grams of methamphetamine, or salt of an optical isomer of methamphetamine or any analog thereof, is guilty of a Class 1 felony. The fine for violation of this subsection (c-5) shall not be more than $250,000. (d) Any person who violates this Section with regard to any other amount of a controlled or counterfeit substance classified in Schedules I or II, or an analog thereof, which is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD) or an analog thereof, or (iii) any substance containing methamphetamine or any salt or optical isomer of methamphetamine, or an analog thereof, is guilty of a Class 2 felony. The fine for violation of this subsection (d) shall not be more than $200,000. (d-5) Any person who violates this Section with regard to possession of any methamphetamine manufacturing chemical set forth in paragraph (z-1) of Section 102 with intent to manufacture less than 15 grams of methamphetamine, or salt of an optical isomer of methamphetamine or any analog thereof, is guilty of a Class 2 felony. The fine for violation of this subsection (d-5) shall not be more than $200,000. (e) Any person who violates this Section with regard to any other amount of a controlled or counterfeit substance classified in Schedule I or II, or an analog thereof, which substance is not included under subsection (d) of this Section, is guilty of a Class 3 felony. The fine for violation of this subsection (e) shall not be more than $150,000. (f) Any person who violates this Section with regard to any other amount of a controlled or counterfeit substance classified in Schedule III is guilty of a Class 3 felony. The fine for violation of this subsection (f) shall not be more than $125,000. (g) Any person who violates this Section with regard to any other amount of a controlled or counterfeit substance classified in Schedule IV is guilty of a Class 3 felony. The fine for violation of this subsection (g) shall not be more than $100,000. (h) Any person who violates this Section with regard to any other amount of a controlled or counterfeit substance classified in Schedule V is guilty of a Class 3 felony. The fine for violation of this subsection (h) shall not be more than $75,000. (i) This Section does not apply to the manufacture, possession or distribution of a substance in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of Section 505 of the Federal Food, Drug and Cosmetic Act. (j) It may be inferred that a person who possessed any methamphetamine manufacturing chemical set forth in paragraph (z-1) of Section 102 intended to use the entire amount of such substance to manufacture methamphetamine or salt of an optical isomer of methamphetamine if such substance was found in close proximity to a drug manufacturing facilitator or equipment as described in Section 102 suitable for assisting in the manufacture of methamphetamine or salt of an optical isomer of methamphetamine. (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97; 90-593, eff. 6-19-98; 90-674, eff. 1-1-99; revised 9-16-98.) (720 ILCS 570/401.5)
HOUSE OF REPRESENTATIVES 4529 Sec. 401.5. Chemical breakdown of illicit controlled substance. (a) It is unlawful for any person to manufacture a controlled substance prohibited by this Act by chemically deriving the controlled substance from one or more other controlled substances prohibited by this Act. (a-5) It is unlawful for any person to possess any substance with the intent to use the substance to facilitate the manufacture of any controlled or counterfeit substance or controlled substance analog other than as authorized by this Act. (b) A violation of this Section is a Class 4 felony. (c) This Section does not apply to the manufacture of methamphetamine or to the possession of any methamphetamine manufacturing chemicals with the intent to manufacture methamphetamine or any salt of an optical isomer of methamphetamine, or an analog of methamphetamine. (Source: P.A. 90-775, eff. 1-1-99.)". The foregoing message from the Senate reporting Senate Amendment No. 2 to HOUSE BILL 1278 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 1464 A bill for AN ACT concerning gifts to employees and officials of units of local government and school districts. 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. 1464. Senate Amendment No. 2 to HOUSE BILL NO. 1464. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1464 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Local Gift Ban Act. Section 5. Definitions. As used in this Act: "Commission" means an ethics commission created by a unit of local government or school district as authorized by this Act. "Elected official" means a person elected or appointed to an elective office in a unit of local government or school district. "Employee" means all full-time or part-time employees, elected officials, and appointed officials of units of local government, school districts, and the subsidiary bodies of units of local government and school districts. The inclusion or exclusion of
4530 JOURNAL OF THE [May 14, 1999] elected and appointed officials who are non-salaried within the term "employee" is determined in accordance with Sections 40 and 45. "Gift" means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an employee. "Political organization" means a party, committee, association, fund, or other organization (whether or not incorporated) organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for the function of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization, or the election of Presidential or Vice-Presidential electors, whether or not the individual or electors are selected, nominated, elected, or appointed. The term includes an organization that makes expenditures relating to an office described in the preceding sentence which, if incurred by the individual, would be allowable as a federal income tax deduction for trade or business expenses. "Prohibited source" means any person or entity who: (1) is seeking official action by the employee, by another employee directing the first employee, or by the employee's unit of local government or school district. (2) does business or seeks to do business with the employee, with another employee directing the first employee, or with the employee's unit of local government or school district; (3) conducts activities regulated by the employee, by another employee directing the first employee, or by the employee's unit of local government or school district; (4) has interests that may be substantially affected by the performance or non-performance of the official duties of the employee; or (5) is subject to an ordinance or resolution of the employee's unit of local government or school district that regulates lobbying as authorized by the Lobbyist Registration Act. "Subsidiary body of a unit of local government or school district" means any board, commission, or committee, created or authorized by statute or ordinance, of a unit of local government or school district. "Ultimate jurisdictional authority" means the following: (1) For an employee who is not an elected official, the elected or appointed official or subsidiary body of a unit of local government or school district with ultimate power to discipline the employee. (2) For an elected official, the governing body of the unit of local government or school district of which he or she is an elected official. "Unit of local government" is defined as in Section 1 of Article VII of the Illinois Constitution. Section 10. Gift ban. Except as otherwise provided in this Act, no employee shall solicit or accept any gift from any prohibited source or in violation of any federal or State statute, rule, or regulation or any ordinance or resolution. This ban applies to and includes spouses of and immediate family living with the employee. No prohibited source shall offer or make a gift that violates this Section. Section 15. Exceptions. The restriction in Section 10 does not apply to the following:
HOUSE OF REPRESENTATIVES 4531 (1) Anything for which the employee pays the market value or anything not used and promptly disposed of as provided in Section 25. (2) A contribution, as defined in Article 9 of the Election Code, that is lawfully made under that Code or attendance at a fundraising event sponsored by a political organization. (3) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister, and including the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiance or fiancee. (4) Anything provided by an individual on the basis of a personal friendship unless the employee has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the employee and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the employee shall consider the circumstances under which the gift was offered, such as: (i) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the employee the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the employee the individual who gave the gift also at the same time gave the same or similar gifts to other employees. (5) A commercially reasonable loan evidenced in writing with repayment due by a date certain made in the ordinary course of the lender's business. (6) A contribution or other payments to a legal defense fund established for the benefit of an employee that is otherwise lawfully made. (7) Intra-office and inter-office gifts. For the purpose of this Act, "intra-office gifts" and "inter-office gifts" mean: (i) any gift given to an employee of a unit of local government or school district from another employee of that unit of local government or school district; (ii) any gift given to an employee of a unit of local government or school district from an employee of another unit of local government or school district; or (iii) any gift given to an employee of a unit of local government or school district from a member, judge, officer, or employee subject to the State Gift Ban Act, as those terms are defined in that Act. (8) Food, refreshments, lodging, transportation, and other benefits: (i) resulting from the outside business or employment activities (or outside activities that are not connected to the duties of the employee as an employee) of the employee or the spouse of the employee, if the benefits have not been offered or enhanced because of the official position or employment of the employee and are customarily provided to others in similar circumstances; (ii) customarily provided by a prospective employer in connection with bona fide employment discussions; or
4532 JOURNAL OF THE [May 14, 1999] (iii) provided by a political organization in connection with a fundraising or campaign event sponsored by that organization. (9) Pension and other benefits resulting from continued participation in an employee welfare and benefits plan. (10) Informational materials that are sent to the office of the employee in the form of books, articles, periodicals, other written materials, audiotapes, videotapes, or other forms of communication. (11) Awards or prizes that are given to competitors in contests or events open to the public, including random drawings. (12) Honorary degrees (and associated travel, food, refreshments, and entertainment provided in the presentation of degrees and awards). (13) Training (including food and refreshments furnished to all attendees as an integral part of the training) provided to an employee if the training is in the interest of the unit of local government or school district. (14) Educational missions, including meetings with government officials either foreign or domestic, intended to educate public officials on matters of public policy, to which the employee may be invited to participate along with other federal, state, or local public officials and community leaders. (15) Bequests, inheritances, and other transfers at death. (16) Anything that is paid for by the federal government, the State, a unit of local government, or a school district, or secured by the government under a government contract. (17) A gift of personal hospitality of an individual other than a regulated lobbyist or agent of a foreign principal, including hospitality extended for a nonbusiness purpose by an individual, not a corporation or organization, at the personal residence of that individual or the individual's family or on property or facilities owned by that individual or the individual's family. (18) Free attendance at a widely attended event permitted under Section 20. (19) Opportunities and benefits that are: (i) available to the public or to a class consisting of all employees whether or not restricted on the basis of geographic consideration; (ii) offered to members of a group or class in which membership is unrelated to employment or official position; (iii) offered to members of an organization such as an employee's association or credit union, in which membership is related to employment or official position and similar opportunities are available to large segments of the public through organizations of similar size; (iv) offered to any group or class that is not defined in a manner that specifically discriminates among government employees on the basis of branch of government or type of responsibility, or on a basis that favors those of higher rank or rate of pay; (v) in the form of loans from banks and other financial institutions on terms generally available to the public; or (vi) in the form of reduced membership or other fees for participation in organization activities offered to all government employees by professional organizations if the only restrictions on membership relate to professional qualifications. (20) A plaque, trophy, or other item that is substantially commemorative in nature and that is extended for presentation. (21) Golf or tennis; food or refreshments of nominal value and catered food or refreshments; meals or beverages consumed on the premises from which they were purchased. (22) Donations of products from an Illinois company that are
HOUSE OF REPRESENTATIVES 4533 intended primarily for promotional purposes, such as display or free distribution, and are of minimal value to any individual recipient. (23) An item of nominal value such as a greeting card, baseball cap, or T-shirt. Section 20. Attendance at events. (a) An employee may accept an offer of free attendance at a widely attended convention, conference, symposium, forum, panel discussion, dinner, viewing, reception, or similar event, provided by the sponsor of the event, if: (1) the employee participates in the event as a speaker or a panel participant, by presenting information related to government, or by performing a ceremonial function appropriate to the employee's official position or employment; or (2) attendance at the event is appropriate to the performance of civic affairs in Illinois or the official duties or representative function of the employee. (b) An employee who attends an event described in subsection (a) may accept a sponsor's unsolicited offer of free attendance at the event for an accompanying individual. (c) An employee, or the spouse or dependent of an employee, may accept a sponsor's unsolicited offer of free attendance at a charity event, except that reimbursement for transportation and lodging may not be accepted in connection with the event. (d) For purposes of this Section, the term "free attendance" may include waiver of all or part of a conference or other fee, the provision of transportation, or the provision of food, refreshments, entertainment, and instructional materials furnished to all attendees as an integral part of the event. The term does not include entertainment collateral to the event, nor does it include food or refreshments taken other than in a group setting with all or substantially all other attendees, except as authorized under subsection (21) of Section 15. Section 25. Disposition of gifts. The recipient of a gift that is given in violation of this Act may, at his or her discretion, return the item to the donor or give the item or an amount equal to its value to an appropriate charity. Section 30. Reimbursement. (a) A reimbursement (including payment in kind) to an employee from a private source other than a regulated lobbyist or agent of a foreign principal for necessary transportation, lodging, and related expenses for travel to a meeting, speaking engagement, fact finding trip, or similar event in connection with the duties of the employee as an employee shall be deemed to be a reimbursement to the unit of local government or school district and not a gift prohibited by this Act if the employee: (1) discloses the expenses reimbursed or to be reimbursed and the authorization to the fiscal officer or similar authority within 30 days after the travel is completed; and (2) in the case of an employee under direct supervision of another employee, receives advance authorization from the supervising employee to accept reimbursement. (b) For purposes of subsection (a), events, the activities of which are substantially recreational in nature, shall not be considered to be in connection with the duties of an employee as an employee. (c) Each advance authorization to accept reimbursement shall be signed by the employee under whose direct supervision the employee works and shall include: (1) the name of the employee; (2) the name of the person who will make the reimbursement; (3) the time, place, and purpose of the travel; and
4534 JOURNAL OF THE [May 14, 1999] (4) a determination that the travel is in connection with the duties of the employee as an employee and would not create the appearance that the employee is using public employment for private gain. (d) Each disclosure made under subsection (a) of expenses reimbursed or to be reimbursed shall be signed by the employee or, in the case of an employee under direct supervision of another employee, by the supervising employee and shall include: (1) a good faith estimate of total transportation expenses reimbursed or to be reimbursed; (2) a good faith estimate of total lodging expenses reimbursed or to be reimbursed; (3) a good faith estimate of total meal expenses reimbursed or to be reimbursed; (4) a good faith estimate of the total of other expenses reimbursed or to be reimbursed; and (5) a determination that all those expenses are necessary transportation, lodging, and related expenses. Section 35. Ethics officer. Each unit of local government and school district must designate an ethics officer for the unit of local government or school district. An ethics officer may be the unit of local government's or school district's general counsel or other employee or may be an outside person or entity. An ethics officer must: (1) review statements of economic interests and disclosure forms of employees before they are filed with the county clerk; and (2) provide guidance to employees in the interpretation and implementation of this Act. Section. 37. Further restrictions. A unit of local government or school district may adopt or maintain policies that are more restrictive than those set forth in this Act. Section 40. County ethics commission. (a) The corporate authorities of each county must create an ethics commission by ordinance and must appoint the commission within 60 days after the effective date of this Act. The commission must consist of 3, 5, or 7 members, all of whom must be residents of the county. (b) The ordinance must specify whether appointed and elected officials who are non-salaried are exempt from the application of this Act. (c) Commission members may be reimbursed for their reasonable expenses actually incurred in the performance of their duties. (d) In addition to complaints alleging violations of this Act by county employees, a county ethics commission must investigate complaints alleging violations of this Act by employees of another unit of local government or a school district in accordance with subsection (b) of Section 45. Section 45. Other ethics commissions. (a) Except as provided in subsection (b), the corporate authorities of each unit of local government, other than a county, and each school district must create an ethics commission by ordinance or resolution, as appropriate, and appoint the commission within 60 days after the effective date of this Act. The commission must consist of 3, 5, or 7 members, all of whom must be residents of the unit of local government or school district. The ordinance or resolution must specify whether appointed and elected officials who are non-salaried are exempt from the application of this Act. Commission members may be reimbursed for their reasonable expenses actually incurred in the performance of their duties. (b) A unit of local government, other than a county, or school
HOUSE OF REPRESENTATIVES 4535 district may provide by ordinance or resolution, as appropriate, that complaints alleging violations of this Act by its employees must be filed with and investigated by the ethics commission of the county in which the majority of the territory of the unit of local government or school district lies. The ordinance or resolution must specify whether appointed and elected officials who are non-salaried are exempt from the application of this Act. The unit of local government or school district must provide the corporate authorities of the county with a copy of that ordinance or resolution. The county ethics commission must then act as the ethics commission for the unit of local government or school district. The unit of local government or school district may enter into intergovernmental agreements with the county in accordance with Section 10 of Article VII of the Illinois Constitution for the implementation of this subsection, including payment of the county ethics commission's reasonable expenses incurred in investigating complaints filed against and recommending disciplinary measures for employees of the unit of local government or school district. Section 50. Staff. Each commission may employ necessary staff persons and may contract for services that cannot be satisfactorily performed by the staff. Section 55. Powers and duties. Each commission shall have the following powers and duties: (1) To promulgate procedures and rules governing the performance of its duties and the exercise of its powers. (2) Upon receipt of a signed, notarized, written complaint, to investigate, conduct research, conduct closed hearings and deliberations, issue recommendations, and impose a fine. (3) To act only upon the receipt of a written complaint alleging a violation of this Act and not upon its own prerogative. (4) To receive information from the public pertaining to its investigations and to require additional information and documents from persons who may have violated this Act. (5) To subpoena witnesses and compel the production of books and papers pertinent to an investigation authorized by this Act. (6) To request that the State's Attorney provide legal advice without charge to the commission. (7) To prepare and publish manuals and guides explaining the duties of individuals covered by this Act. (8) To prepare public information materials to facilitate compliance, implementation, and enforcement of this Act. (9) To submit to each commissioner's respective appointing authority or authorities an annual statistical report for each year consisting of (i) the number of complaints filed, (ii) the number of complaints deemed to sufficiently allege a violation of this Act, (iii) the recommendation, fine, or decision issued for each complaint, (iv) the number of complaints resolved, and (v) the status of pending complaints. The powers and duties of a commission are limited to matters clearly within the purview of this Act. Section 60. Complaint procedure. (a) Complaints alleging the violation of this Act shall be filed with the appropriate ethics commission as follows: (1) If the complaint alleges a violation by an employee of a county, then the complaint shall be filed with the ethics commission of that county. (2) If the complaint alleges a violation by an employee of a unit of local government other than a county or of a school district, then the complaint shall be filed with the ethics commission of that unit of local government or school district or the ethics commission of the appropriate county if the unit of
4536 JOURNAL OF THE [May 14, 1999] local government or school district has no ethics commission. Any complaint received by or incident reported to an employee alleging the violation of this Act shall be forwarded to the appropriate commission. The complaint shall not be properly filed until submitted to the appropriate commission. (b) Within 3 business days after the receipt of an ethics complaint, the commission shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. The commission shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within 3 business days after the submittal to the commission. The notices to the respondent and the complainant shall also advise them of the date, time, and place of the meeting on the sufficiency of the complaint and probable cause. (c) Upon at least 24 hours' public notice of the session, the commission shall meet in a closed session to review the sufficiency of the complaint and, if the complaint is deemed to sufficiently allege a violation of this Act, to determine if there is probable cause, based on evidence presented by the complainant, to proceed. The commission shall issue notice to the complainant and the respondent of the commission's ruling on the sufficiency of the complaint and, if necessary, on probable cause within 7 business days after receiving the complaint. If the complaint is deemed to sufficiently allege a violation of this Act and there is a determination of probable cause, then the commission's notice to the parties shall include a hearing date scheduled within 4 weeks after the complaint's receipt. If the complaint is deemed not to sufficiently allege a violation or if there is no determination of probable cause, then the commission shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint, and that notice shall be made public. (d) On the scheduled date and upon at least 24 hours' public notice of the meeting, the commission shall conduct a closed meeting on the complaint and allow both parties the opportunity to present testimony and evidence. (e) Within 6 weeks after the complaint's receipt, the commission shall (i) dismiss the complaint or (ii) issue a preliminary recommendation to the alleged violator and to the violator's ultimate jurisdictional authority or impose a fine upon the violator, or both. The particular findings in the instant case, the preliminary recommendation, and any fine shall be made public. (f) Within 7 business days after the issuance of the preliminary recommendation or imposition of a fine, or both, the respondent may file a written demand for a public hearing on the complaint. The filing of the demand shall stay the enforcement of the preliminary recommendation or fine. Within 2 weeks after receiving the demand, the commission shall conduct a public hearing on the complaint after at least 24 hours' public notice of the hearing and allow both parties the opportunity to present testimony and evidence. Within 5 business days, the commission shall publicly issue a final recommendation to the alleged violator and to the violator's ultimate jurisdictional authority or impose a fine upon the violator, or both. (g) If a complaint is filed during the 60 days preceding the date of any election at which the respondent is a candidate, the commission shall render its decision as required under subsection (e) within 7 days after the complaint is filed, and during the 7 days preceding that election, the commission shall render such decision before the date of that election, if possible. (h) A commission may levy a fine of up to $5,000 against any person who knowingly files a frivolous complaint alleging a violation
HOUSE OF REPRESENTATIVES 4537 of this Act. (i) A complaint alleging the violation of this Act must be filed within one year after the alleged violation. Section 65. Enforcement. (a) A commission may recommend to a person's ultimate jurisdictional authority disciplinary action against the person it determines to be in violation of this Act. The recommendation may prescribe the following courses of action: (1) A reprimand. (2) To cease and desist the offensive action. (3) A return or refund of money or other items, or an amount of restitution for services, received in violation of this Act. (4) Dismissal, removal from office, or expulsion. (5) Donation to a charity of an amount equal to the gift. (b) A commission may impose a fine of up to $1,000 per violation to be deposited into the general fund of the violating employee's unit of local government or school district. (c) An employee's ultimate jurisdictional authority may take disciplinary action against an employee (i) who violates this Act, (ii) who is the subject of a recommendation by an ethics commission, or (iii) described by both items (i) and (ii). The ultimate jurisdictional authority may take disciplinary action recommended by an ethics commission, if any, or as it deems appropriate, to the extent it has constitutional and statutory authority to take that action. The ultimate jurisdictional authority shall make its action, or determination to take no action, available to the public. (d) If after a hearing the commission finds no violation of this Act, the commission shall dismiss the complaint. Section 70. Penalty. An individual who knowingly violates this Act is guilty of a business offense and subject to a fine of up to $5,000. Section 73. Review. A commission's decision to dismiss a complaint or its recommendation is not a final administrative decision, but its imposition of a fine is a final administrative decision subject to judicial review under the Administrative Review Law of the Code of Civil Procedure. Section 75. Exemption. The proceedings conducted and documents generated under this Act are exempt from the provisions of the Open Meetings Act and the Freedom of Information Act. Section 80. Home rule preemption. A home rule unit may not regulate the prohibition of gifts to employees or the enforcement of these provisions in a manner inconsistent with this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. Section 205. The Open Meetings Act is amended by changing Section 1.02 as follows: (5 ILCS 120/1.02) (from Ch. 102, par. 41.02) Sec. 1.02. For the purposes of this Act: "Meeting" means any gathering of a majority of a quorum of the commissioners of a public body held for the purpose of discussing public business. "Public body" includes all legislative, executive, administrative or advisory bodies of the state, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees or commissions of this State, and any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees which are supported in whole or in part by tax revenue, or which expend tax
4538 JOURNAL OF THE [May 14, 1999] revenue, except the General Assembly and committees or commissions thereof. "Public body" includes tourism boards and convention or civic center boards located in counties that are contiguous to the Mississippi River with populations of more than 250,000 but less than 300,000. "Public body" does not include a child death review team established under the Child Death Review Team Act or an ethics commission, ethics officer, or ultimate jurisdictional authority acting under the State Gift Ban Act as provided by Section 80 of that Act or the Local Gift Ban Act as provided by Section 75 of that Act. (Source: P.A. 90-517, eff. 8-22-97; 90-737, eff. 1-1-99.) Section 210. The Freedom of Information Act is amended by changing Section 7 as follows: (5 ILCS 140/7) (from Ch. 116, par. 207) Sec. 7. Exemptions. (1) The following shall be exempt from inspection and copying: (a) Information specifically prohibited from disclosure by federal or State law or rules and regulations adopted under federal or State law. (b) Information that, if disclosed, would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy. Information exempted under this subsection (b) shall include but is not limited to: (i) files and personal information maintained with respect to clients, patients, residents, students or other individuals receiving social, medical, educational, vocational, financial, supervisory or custodial care or services directly or indirectly from federal agencies or public bodies; (ii) personnel files and personal information maintained with respect to employees, appointees or elected officials of any public body or applicants for those positions; (iii) files and personal information maintained with respect to any applicant, registrant or licensee by any public body cooperating with or engaged in professional or occupational registration, licensure or discipline; (iv) information required of any taxpayer in connection with the assessment or collection of any tax unless disclosure is otherwise required by State statute; and (v) information revealing the identity of persons who file complaints with or provide information to administrative, investigative, law enforcement or penal agencies; provided, however, that identification of witnesses to traffic accidents, traffic accident reports, and rescue reports may be provided by agencies of local government, except in a case for which a criminal investigation is ongoing, without constituting a clearly unwarranted per se invasion of personal privacy under this subsection. (c) Records compiled by any public body for administrative enforcement proceedings and any law enforcement or correctional agency for law enforcement purposes or for internal matters of a public body, but only to the extent that disclosure would: (i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency; (ii) interfere with pending administrative enforcement
HOUSE OF REPRESENTATIVES 4539 proceedings conducted by any public body; (iii) deprive a person of a fair trial or an impartial hearing; (iv) unavoidably disclose the identity of a confidential source or confidential information furnished only by the confidential source; (v) disclose unique or specialized investigative techniques other than those generally used and known or disclose internal documents of correctional agencies related to detection, observation or investigation of incidents of crime or misconduct; (vi) constitute an invasion of personal privacy under subsection (b) of this Section; (vii) endanger the life or physical safety of law enforcement personnel or any other person; or (viii) obstruct an ongoing criminal investigation. (d) Criminal history record information maintained by State or local criminal justice agencies, except the following which shall be open for public inspection and copying: (i) chronologically maintained arrest information, such as traditional arrest logs or blotters; (ii) the name of a person in the custody of a law enforcement agency and the charges for which that person is being held; (iii) court records that are public; (iv) records that are otherwise available under State or local law; or (v) records in which the requesting party is the individual identified, except as provided under part (vii) of paragraph (c) of subsection (1) of this Section. "Criminal history record information" means data identifiable to an individual and consisting of descriptions or notations of arrests, detentions, indictments, informations, pre-trial proceedings, trials, or other formal events in the criminal justice system or descriptions or notations of criminal charges (including criminal violations of local municipal ordinances) and the nature of any disposition arising therefrom, including sentencing, court or correctional supervision, rehabilitation and release. The term does not apply to statistical records and reports in which individuals are not identified and from which their identities are not ascertainable, or to information that is for criminal investigative or intelligence purposes. (e) Records that relate to or affect the security of correctional institutions and detention facilities. (f) Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body. The exemption provided in this paragraph (f) extends to all those records of officers and agencies of the General Assembly that pertain to the preparation of legislative documents. (g) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or information are proprietary, privileged or confidential, or where disclosure of the trade secrets or information may cause competitive harm, including all information determined to be confidential under Section 4002 of the Technology Advancement and Development Act. Nothing contained in this paragraph (g) shall be construed to prevent a person or business from consenting to
4540 JOURNAL OF THE [May 14, 1999] disclosure. (h) Proposals and bids for any contract, grant, or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contractor agreement with the body, until an award or final selection is made. Information prepared by or for the body in preparation of a bid solicitation shall be exempt until an award or final selection is made. (i) Valuable formulae, designs, drawings and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. (j) Test questions, scoring keys and other examination data used to administer an academic examination or determined the qualifications of an applicant for a license or employment. (k) Architects' plans and engineers' technical submissions for projects not constructed or developed in whole or in part with public funds and for projects constructed or developed with public funds, to the extent that disclosure would compromise security. (l) Library circulation and order records identifying library users with specific materials. (m) Minutes of meetings of public bodies closed to the public as provided in the Open Meetings Act until the public body makes the minutes available to the public under Section 2.06 of the Open Meetings Act. (n) Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies. (o) Information received by a primary or secondary school, college or university under its procedures for the evaluation of faculty members by their academic peers. (p) Administrative or technical information associated with automated data processing operations, including but not limited to software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section. (q) Documents or materials relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying. (r) Drafts, notes, recommendations and memoranda pertaining to the financing and marketing transactions of the public body. The records of ownership, registration, transfer, and exchange of municipal debt obligations, and of persons to whom payment with respect to these obligations is made. (s) The records, documents and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under Article VII of the Code of Civil Procedure, records, documents and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records,
HOUSE OF REPRESENTATIVES 4541 documents and information relating to a real estate sale shall be exempt until a sale is consummated. (t) Any and all proprietary information and records related to the operation of an intergovernmental risk management association or self-insurance pool or jointly self-administered health and accident cooperative or pool. (u) Information concerning a university's adjudication of student or employee grievance or disciplinary cases, to the extent that disclosure would reveal the identity of the student or employee and information concerning any public body's adjudication of student or employee grievances or disciplinary cases, except for the final outcome of the cases. (v) Course materials or research materials used by faculty members. (w) Information related solely to the internal personnel rules and practices of a public body. (x) Information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of a public body responsible for the regulation or supervision of financial institutions or insurance companies, unless disclosure is otherwise required by State law. (y) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act. (z) Manuals or instruction to staff that relate to establishment or collection of liability for any State tax or that relate to investigations by a public body to determine violation of any criminal law. (aa) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received. (bb) Insurance or self insurance (including any intergovernmental risk management association or self insurance pool) claims, loss or risk management information, records, data, advice or communications. (cc) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act. (dd) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act. (ee) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. (ff) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the State of Missouri under the Bi-State Transit Safety Act. (gg) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act. (hh) Information the disclosure of which is exempted under Section 80 of the State Gift Ban Act or Section 75 of the Local Gift Ban Act. (ii) Beginning July 1, 1999, (hh) information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic or digital
4542 JOURNAL OF THE [May 14, 1999] signatures under the Electronic Commerce Security Act. (2) This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act. (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97; 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff. 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.) Section 215. The State Gift Ban Act is amended by changing Sections 5, 15, and 60 as follows: (5 ILCS 425/5) Sec. 5. Definitions. As used in this Act: "Commission" means an ethics commission created by this Act. "Employee" means all full-time, part-time, and contractual employees, appointed and elected officials, and directors of a governmental entity. "Gift" means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an employee, member, officer, or judge. "Governmental entity" means each office, board, commission, agency, department, authority, institution, university, body politic and corporate, administrative unit, and corporate outgrowth of the executive, legislative, and judicial branches of State government, whether created by the Illinois Constitution, by or in accordance with statute, or by executive order of the Governor. Governmental entity does not include units of local government, school districts, or subsidiary bodies of units of local government or school districts, as defined in the Local Gift Ban Act. "Judge" means judges and associate judges of the Supreme Court, Appellate Courts, and Circuit Courts. "Member" means a member of the General Assembly. "Officer" means a State constitutional officer. "Political organization" means a party, committee, association, fund, or other organization (whether or not incorporated) organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for the function of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization, or the election of Presidential or Vice-Presidential electors, whether or not the individual or electors are selected, nominated, elected, or appointed. The term includes the making of expenditures relating to an office described in the preceding sentence that, if incurred by the individual, would be allowable as a federal income tax deduction for trade or business expenses. "Prohibited source" means any person or entity who: (1) is seeking official action (i) by the member, officer, or judge or (ii) in the case of an employee, by the employee or by the member, officer, judge, governmental entity, or other employee directing the employee; (2) does business or seeks to do business (i) with the member, officer, or judge or (ii) in the case of an employee, with the employee or with the member, officer, judge, governmental entity, or other employee directing the employee; (3) conducts activities regulated (i) by the member, officer, or judge or (ii) in the case of an employee, by the employee or by the member, officer, judge, governmental entity, or other employee directing the employee; (4) has interests that may be substantially affected by the
HOUSE OF REPRESENTATIVES 4543 performance or non-performance of the official duties of the member, officer, employee, or judge; or (5) is registered or required to be registered with the Secretary of State under the Lobbyist Registration Act. "Ultimate jurisdictional authority" means the following: (1) For members, partisan staff, and their secretaries, the appropriate legislative leader: President of the Senate, Minority Leader of the Senate, Speaker of the House of Representatives, or Minority Leader of the House of Representatives. (2) For State employees who are professional staff or employees of the Senate and not covered under item (1), the Senate Operations Commission. (3) For State employees who are professional staff or employees of the House of Representatives and not covered under item (1), the Speaker of the House of Representatives. (4) For State employees who are employees of the legislative support services agencies, the Joint Committee on Legislative Support Services. (5) For judges, the Chief Justice of the Supreme Court. (6) For State employees of the judicial branch, the Administrative Office of the Illinois Courts. (7) For State employees of an executive branch constitutional officer, the appropriate executive branch constitutional officer. (8) For State employees not under the jurisdiction of paragraph (1), (2), (3), (4), (5), (6), or (7), the Governor. (9) For officers, the General Assembly. (Source: P.A. 90-737, eff. 1-1-99.) (5 ILCS 425/15) Sec. 15. Exceptions. The restriction in Section 10 does not apply to the following: (1) Anything for which the member, officer, employee, or judge pays the market value or anything not used and promptly disposed of as provided in Section 25. (2) A contribution, as defined in Article 9 of the Election Code that is lawfully made under that Act or attendance at a fundraising event sponsored by a political organization. (3) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiance or fiancee. (4) Anything provided by an individual on the basis of a personal friendship unless the member, officer, employee, or judge has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the member, officer, employee, or judge and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the member, officer, employee, or judge shall consider the circumstances under which the gift was offered, such as: (i) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the member, officer, employee, or judge the individual who gave the gift personally paid for the gift or sought a tax deduction or
4544 JOURNAL OF THE [May 14, 1999] business reimbursement for the gift; and (iii) whether to the actual knowledge of the member, officer, employee, or judge the individual who gave the gift also at the same time gave the same or similar gifts to other members, officers, employees, or judges. (5) A commercially reasonable loan evidenced in writing with repayment due by a date certain made in the ordinary course of the lender's business. (6) A contribution or other payments to a legal defense fund established for the benefit of a member, officer, employee, or judge that is otherwise lawfully made. (7) Intra-office and inter-office gifts. For the purpose of this Act, "intra-office gifts" means: (i) any gift given to a member or employee of the legislative branch from another member or employee of the legislative branch; (ii) any gift given to a judge or employee of the judicial branch from another judge or employee of the judicial branch; (iii) any gift given to an officer or employee of the executive branch from another officer or employee of the executive branch; (iv) (blank); any gift given to an officer or employee of a unit of local government, home rule unit, or school district, from another employee of that unit of local government, home rule unit, or school district; (v) any gift given to an officer or employee of any other governmental entity not included in item (i), (ii), or (iii), or (iv), from another employee of that governmental entity; or (vi) any gift given to a member or employee of the legislative branch, a judge or employee of the judicial branch, an officer or employee of the executive branch, an officer or employee of a unit of local government, home rule unit, or school district, or an officer or employee of any other governmental entity not included in item (i), (ii), or (iii), or (iv) from a member or employee of the legislative branch, a judge or employee of the judicial branch, an officer or employee of the executive branch, an officer or employee of a unit of local government, home rule unit, or school district, or an officer or employee of any other governmental entity. (8) Food, refreshments, lodging, transportation, and other benefits: (i) resulting from the outside business or employment activities (or outside activities that are not connected to the duties of the member, officer, employee, or judge, as an office holder or employee) of the member, officer, employee, judge, or the spouse of the member, officer, employee, or judge, if the benefits have not been offered or enhanced because of the official position or employment of the member, officer, employee, or judge and are customarily provided to others in similar circumstances; (ii) customarily provided by a prospective employer in connection with bona fide employment discussions; or (iii) provided by a political organization in connection with a fundraising or campaign event sponsored by that organization. (9) Pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer. (10) Informational materials that are sent to the office of the member, officer, employee, or judge in the form of books, articles, periodicals, other written materials, audiotapes, videotapes, or
HOUSE OF REPRESENTATIVES 4545 other forms of communication. (11) Awards or prizes that are given to competitors in contests or events open to the public, including random drawings. (12) Honorary degrees (and associated travel, food, refreshments, and entertainment provided in the presentation of degrees and awards). (13) Training (including food and refreshments furnished to all attendees as an integral part of the training) provided to a member, officer, employee, or judge, if the training is in the interest of the governmental entity. (14) Educational missions, including meetings with government officials either foreign or domestic, intended to educate public officials on matters of public policy, to which the member, officer, employee, or judge may be invited to participate along with other federal, state, or local public officials and community leaders. (15) Bequests, inheritances, and other transfers at death. (16) Anything that is paid for by the federal government, the State, or a governmental entity, or secured by the government or governmental entity under a government contract. (17) A gift of personal hospitality of an individual other than a registered lobbyist or agent of a foreign principal, including hospitality extended for a nonbusiness purpose by an individual, not a corporation or organization, at the personal residence of that individual or the individual's family or on property or facilities owned by that individual or the individual's family. (18) Free attendance at a widely attended event permitted under Section 20. (19) Opportunities and benefits that are: (i) available to the public or to a class consisting of all employees, officers, members, or judges, whether or not restricted on the basis of geographic consideration; (ii) offered to members of a group or class in which membership is unrelated to employment or official position; (iii) offered to members of an organization such as an employee's association or credit union, in which membership is related to employment or official position and similar opportunities are available to large segments of the public through organizations of similar size; (iv) offered to any group or class that is not defined in a manner that specifically discriminates among government employees on the basis of branch of government or type of responsibility, or on a basis that favors those of higher rank or rate of pay; (v) in the form of loans from banks and other financial institutions on terms generally available to the public; or (vi) in the form of reduced membership or other fees for participation in organization activities offered to all government employees by professional organizations if the only restrictions on membership relate to professional qualifications. (20) A plaque, trophy, or other item that is substantially commemorative in nature and that is extended for presentation. (21) Golf or tennis; food or refreshments of nominal value and catered food or refreshments; meals or beverages consumed on the premises from which they were purchased. (22) Donations of products from an Illinois company that are intended primarily for promotional purposes, such as display or free distribution, and are of minimal value to any individual recipient. (23) An item of nominal value such as a greeting card, baseball cap, or T-shirt. (Source: P.A. 90-737, eff. 1-1-99.) (5 ILCS 425/60) Sec. 60. Complaint procedure.
4546 JOURNAL OF THE [May 14, 1999] (a) Complaints alleging the violation of this Act shall be filed with the appropriate ethics commission as follows: (1) If the complaint alleges a violation by an officer or employee of the executive branch of State government, then the complaint shall be filed with the appropriate ethics commission within the executive branch. (2) If the complaint alleges a violation by a judge or employee of the judicial branch of government, then the complaint shall be filed with the judicial ethics commission. (3) If the complaint alleges a violation by a member or employee of the legislative branch of State government or any employee not included within paragraphs (1) or (2), then the complaint shall be filed with the legislative ethics commission. Any complaint received by or incident reported to a member, officer, employee, judge, or governmental entity alleging the violation of this Act shall be forwarded to the appropriate commission. The complaint shall not be properly filed until submitted to the appropriate commission. (b) Within 3 business days after the receipt of an ethics complaint, the commission shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. The commission shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within 3 business days after the submittal to the commission. The notices to the respondent and the complainant shall also advise them of the date, time, and place of the meeting on the sufficiency of the complaint and probable cause. (c) Upon at least 24 hours' public notice of the session, the commission shall meet in a closed session to review the sufficiency of the complaint and, if the complaint is deemed to sufficiently allege a violation of this Act, to determine if there is probable cause, based on evidence presented by the complainant, to proceed. The commission shall issue notice to the complainant and the respondent of the commission's ruling on the sufficiency of the complaint and, if necessary, on probable cause within 7 business days after receiving the complaint. If the complaint is deemed to sufficiently allege a violation of this Act and there is a determination of probable cause, then the commission's notice to the parties shall include a hearing date scheduled within 4 weeks after the complaint's receipt. If the complaint is deemed not to sufficiently allege a violation or if there is no determination of probable cause, then the commission shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint, and that notice shall be made public. (d) On the scheduled date and upon at least 24 hours' public notice of the meeting, the commission shall conduct a closed meeting on the complaint and allow both parties the opportunity to present testimony and evidence. (e) Within 6 weeks after the complaint's receipt, the commission shall (i) dismiss the complaint or (ii) issue a preliminary recommendation to the alleged violator and to the violator's ultimate jurisdictional authority or impose a fine upon the violator, or both. The particular findings in the instant case, the preliminary recommendation, and any fine shall be made public. (f) Within 7 business days after the issuance of the preliminary recommendation or imposition of a fine, or both, the respondent may file a written demand for a public hearing on the complaint. The filing of the demand shall stay the enforcement of the preliminary recommendation or fine. Within 2 weeks after receiving the demand, the commission shall conduct a public hearing on the complaint after
HOUSE OF REPRESENTATIVES 4547 at least 24 hours' public notice of the hearing and allow both parties the opportunity to present testimony and evidence. Within 5 business days, the commission shall publicly issue a final recommendation to the alleged violator and to the violator's ultimate jurisdictional authority or impose a fine upon the violator, or both. (g) If a complaint is filed during the 60 days preceding the date of any election at which the respondent is a candidate, the commission shall render its decision as required under subsection (e) within 7 days after the complaint is filed, and during the 7 days preceding that election, the commission shall render such decision before the date of that election, if possible. (h) A commission may levy a fine of up to $5,000 against any person who knowingly files a frivolous complaint alleging a violation of this Act. (i) A complaint alleging the violation of this Act must be filed within one year after the alleged violation. (Source: P.A. 90-737, eff. 1-1-99.) (5 ILCS 425/83 rep.) (5 ILCS 425/85 rep.) Section 220. The State Gift Ban Act is amended by repealing Sections 83 and 85. Section 995. The State Mandates Act is amended by adding Section 8.23 as follows: (30 ILCS 805/8.23 new) Sec. 8.23. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 91st General Assembly. Section 999. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2. Amend House Bill 1464, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 12, by replacing line 15 with the following: "If a unit of local government or school district provides by ordinance or resolution to operate under this subsection, it must enter". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 1464 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 1622 A bill for AN ACT concerning benefits for certain health treatments. 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. 1622.
4548 JOURNAL OF THE [May 14, 1999] Senate Amendment No. 2 to HOUSE BILL NO. 1622. Senate Amendment No. 3 to HOUSE BILL NO. 1622. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1622, on page 2, by deleting lines 2 through 34; and by deleting all of pages 3 through 7. AMENDMENT NO. 2. Amend House Bill 1622, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Civil Administrative Code of Illinois is amended by adding Section 56.3 as follows: (20 ILCS 1405/56.3 new) Sec. 56.3. Investigational cancer treatments; study. (a) The Department of Insurance shall conduct an analysis and study of costs and benefits derived from the implementation of the coverage requirements for investigational cancer treatments established under Section 356y of the Illinois Insurance Code. The study shall cover the years 2000, 2001, and 2002. The study shall include an analysis of the effect of the coverage requirements on the cost of insurance and health care, the results of the treatments to patients, the mortality rate among cancer patients, any improvements in care of patients, and any improvements in the quality of life of patients. (b) The Department shall report the results of its study to the General Assembly and the Governor on or before March 1, 2003. Section 10. The Illinois Insurance Code is amended by adding Section 356y as follows: (215 ILCS 5/356y new) Sec. 356y. Coverage for investigational cancer treatments. (a) An individual or group policy of accident and health insurance issued, delivered, amended, or renewed in this State more than 120 days after the effective date of this amendatory Act of the 91st General Assembly must offer coverage for routine patient care of insureds, when medically appropriate and the insured has a terminal condition related to cancer that according to the diagnosis of the treating physician, licensed to practice medicine in all its branches, is considered life threatening, to participate in an approved cancer research trial and shall provide coverage for the patient care provided pursuant to investigational cancer treatments as provided in subsection (b). Coverage under this Section may have an annual benefit limit of $10,000. (b) Coverage shall include routine patient care costs such as blood tests, x-rays, bone scans, magnetic resonance images, patient visits, hospital stays, or other similar costs generally incurred by the insured party in standard cancer treatment. Routine patient care costs specifically shall not include the cost of any clinical trial therapies, regimens, or combinations thereof, any drugs or pharmaceuticals in connection with an approved clinical trial, any costs associated with the provision of any goods, services, or benefits that are generally furnished without charge in connection with an approved clinical trial program for treatment of cancer, any additional costs associated with the provision of any goods, services, or benefits that previously have been provided to, paid for, or reimbursed, or any other similar costs. Routine patient care
HOUSE OF REPRESENTATIVES 4549 costs shall specifically not include costs for treatments or services prescribed for the convenience of the insured, enrollee, or physician. It is specifically the intent of this Section not to relieve the sponsor or a clinical trial program of financial responsibility for accepted costs of the program. (c) For purposes of this Section, coverage is provided only for cancer trials that meet each of the following criteria: (1) the effectiveness of the treatment has not been determined relative to established therapies; (2) the trial is under clinical investigation as part of an approved cancer research trial in Phase II, Phase III, or Phase IV of investigation; (3) the trial is approved by the U.S. Secretary of Health and Human Services, the Director of the National Institutes of Health, the Commissioner of the Food and Drug Administration (through an investigational new drug exemption under Section 505(l) of the federal Food, Drug, and Cosmetic Act or an investigational device exemption under Section 520(g) of that Act), or a qualified nongovernmental cancer research entity as defined in guidelines of the National Institutes of Health or a peer reviewed and approved cancer research program, as defined by the U.S. Secretary of Health and Human Services, conducted for the primary purpose of determining whether or not a cancer treatment is safe or efficacious or has any other characteristic of a cancer treatment that must be demonstrated in order for the cancer treatment to be medically necessary or appropriate; (4) the trial is being conducted at multiple sites throughout the State; (5) the patient's primary care physician, if any, is involved in the coordination of care; and (6) the results of the investigational trial will be submitted for publication in peer-reviewed scientific studies, research, or literature published in or accepted for publication by medical journals that meet nationally recognized requirements for scientific manuscripts and that submit most of their published articles for review by experts who are not part of the editorial staff. These studies may include those conducted by or under the auspices of the federal government's Agency for Health Care Policy and Research, National Institutes of Health, National Cancer Institute, National Academy of Sciences, Health Care Financing Administration, and any national board recognized by the National Institutes of Health for the purpose of evaluating the medical value of health services. (d) This Section is repealed on January 1, 2003. Section 15. The Health Maintenance Organization Act is amended by changing Section 5-3 as follows: (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2) Sec. 5-3. Insurance Code provisions. (a) Health Maintenance Organizations shall be subject to the provisions of Sections 133, 134, 137, 140, 141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 355.2, 356m, 356v, 356w, 356x, 356y, 367i, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection (2) of Section 367, and Articles VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the Illinois Insurance Code. (b) For purposes of the Illinois Insurance Code, except for Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health Maintenance Organizations in the following categories are deemed to be "domestic companies": (1) a corporation authorized under the Dental Service Plan Act or the Voluntary Health Services Plans Act;
4550 JOURNAL OF THE [May 14, 1999] (2) a corporation organized under the laws of this State; or (3) a corporation organized under the laws of another state, 30% or more of the enrollees of which are residents of this State, except a corporation subject to substantially the same requirements in its state of organization as is a "domestic company" under Article VIII 1/2 of the Illinois Insurance Code. (c) In considering the merger, consolidation, or other acquisition of control of a Health Maintenance Organization pursuant to Article VIII 1/2 of the Illinois Insurance Code, (1) the Director shall give primary consideration to the continuation of benefits to enrollees and the financial conditions of the acquired Health Maintenance Organization after the merger, consolidation, or other acquisition of control takes effect; (2)(i) the criteria specified in subsection (1)(b) of Section 131.8 of the Illinois Insurance Code shall not apply and (ii) the Director, in making his determination with respect to the merger, consolidation, or other acquisition of control, need not take into account the effect on competition of the merger, consolidation, or other acquisition of control; (3) the Director shall have the power to require the following information: (A) certification by an independent actuary of the adequacy of the reserves of the Health Maintenance Organization sought to be acquired; (B) pro forma financial statements reflecting the combined balance sheets of the acquiring company and the Health Maintenance Organization sought to be acquired as of the end of the preceding year and as of a date 90 days prior to the acquisition, as well as pro forma financial statements reflecting projected combined operation for a period of 2 years; (C) a pro forma business plan detailing an acquiring party's plans with respect to the operation of the Health Maintenance Organization sought to be acquired for a period of not less than 3 years; and (D) such other information as the Director shall require. (d) The provisions of Article VIII 1/2 of the Illinois Insurance Code and this Section 5-3 shall apply to the sale by any health maintenance organization of greater than 10% of its enrollee population (including without limitation the health maintenance organization's right, title, and interest in and to its health care certificates). (e) In considering any management contract or service agreement subject to Section 141.1 of the Illinois Insurance Code, the Director (i) shall, in addition to the criteria specified in Section 141.2 of the Illinois Insurance Code, take into account the effect of the management contract or service agreement on the continuation of benefits to enrollees and the financial condition of the health maintenance organization to be managed or serviced, and (ii) need not take into account the effect of the management contract or service agreement on competition. (f) Except for small employer groups as defined in the Small Employer Rating, Renewability and Portability Health Insurance Act and except for medicare supplement policies as defined in Section 363 of the Illinois Insurance Code, a Health Maintenance Organization may by contract agree with a group or other enrollment unit to effect refunds or charge additional premiums under the following terms and conditions:
HOUSE OF REPRESENTATIVES 4551 (i) the amount of, and other terms and conditions with respect to, the refund or additional premium are set forth in the group or enrollment unit contract agreed in advance of the period for which a refund is to be paid or additional premium is to be charged (which period shall not be less than one year); and (ii) the amount of the refund or additional premium shall not exceed 20% of the Health Maintenance Organization's profitable or unprofitable experience with respect to the group or other enrollment unit for the period (and, for purposes of a refund or additional premium, the profitable or unprofitable experience shall be calculated taking into account a pro rata share of the Health Maintenance Organization's administrative and marketing expenses, but shall not include any refund to be made or additional premium to be paid pursuant to this subsection (f)). The Health Maintenance Organization and the group or enrollment unit may agree that the profitable or unprofitable experience may be calculated taking into account the refund period and the immediately preceding 2 plan years. The Health Maintenance Organization shall include a statement in the evidence of coverage issued to each enrollee describing the possibility of a refund or additional premium, and upon request of any group or enrollment unit, provide to the group or enrollment unit a description of the method used to calculate (1) the Health Maintenance Organization's profitable experience with respect to the group or enrollment unit and the resulting refund to the group or enrollment unit or (2) the Health Maintenance Organization's unprofitable experience with respect to the group or enrollment unit and the resulting additional premium to be paid by the group or enrollment unit. In no event shall the Illinois Health Maintenance Organization Guaranty Association be liable to pay any contractual obligation of an insolvent organization to pay any refund authorized under this Section. (Source: P.A. 89-90, eff. 6-30-95; 90-25, eff. 1-1-98; 90-177, eff. 7-23-97; 90-372, eff. 7-1-98; 90-583, eff. 5-29-98; 90-655, eff. 7-30-98; 90-741, eff. 1-1-99; revised 9-8-98.) Section 20. The Voluntary Health Services Plans Act is amended by changing Section 10 as follows: (215 ILCS 165/10) (from Ch. 32, par. 604) Sec. 10. Application of Insurance Code provisions. Health services plan corporations and all persons interested therein or dealing therewith shall be subject to the provisions of Article XII 1/2 and Sections 3.1, 133, 140, 143, 143c, 149, 354, 355.2, 356r, 356t, 356u, 356v, 356w, 356x, 356y, 367.2, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of Section 367 of the Illinois Insurance Code. (Source: P.A. 89-514, eff. 7-17-96; 90-7, eff. 6-10-97; 90-25, eff. 1-1-98; 90-655, eff. 7-30-98; 90-741, eff. 1-1-99.) Section 99. Effective date. This Act takes effect on January 1, 2000.". AMENDMENT NO. 3. Amend House Bill 1622, AS AMENDED, with reference herein to the page and line numbers of Senate Amendment No. 2, on page 2 by replacing lines 6 through 9 with the following: "(a) An insurer that issues, delivers, amends, or renews an individual or group policy of accident and health insurance in this State more than 120 days after the effective date of this amendatory Act of the 91st General Assembly must offer to the applicant or policyholder".
4552 JOURNAL OF THE [May 14, 1999] The foregoing message from the Senate reporting Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 1622 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 1700 A bill for AN ACT to amend the Liquor Control Act of 1934 by changing Section 7-6. 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. 1700. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1700 on page 1, line 2, by replacing "Section" with "Sections 3-12 and"; and on page 1, line 6, by replacing "Section" with "Sections 3-12 and"; and on page 1, by inserting the following immediately after line 6: "(235 ILCS 5/3-12) (from Ch. 43, par. 108) Sec. 3-12. (a) The State commission shall have the following powers, functions and duties: (1) To receive applications and to issue licenses to manufacturers, foreign importers, importing distributors, distributors, non-resident dealers, on premise consumption retailers, off premise sale retailers, special event retailer licensees, special use permit licenses, auction liquor licenses, brew pubs, caterer retailers, non-beverage users, railroads, including owners and lessees of sleeping, dining and cafe cars, airplanes, boats, brokers, and wine maker's retail licensees in accordance with the provisions of this Act, and to suspend or revoke such licenses upon the State commission's determination, upon notice after hearing, that a licensee has violated any provision of this Act or any rule or regulation issued pursuant thereto and in effect for 30 days prior to such violation. In lieu of suspending or revoking a license, the commission may impose a fine, upon the State commission's determination and notice after hearing, that a licensee has violated any provision of this Act or any rule or regulation issued pursuant thereto and in effect for 30 days prior to such violation. The fine imposed under this paragraph may not exceed $500 for each violation. Each day that the activity, which gave rise to the original fine, continues is a separate violation. The maximum fine that may be levied against any licensee, for the period of the license, shall not exceed $20,000. The maximum penalty that may be imposed on a licensee for selling a bottle of alcoholic liquor with a foreign object in it or serving from a bottle of alcoholic liquor with a foreign object in it shall
HOUSE OF REPRESENTATIVES 4553 be the destruction of that bottle of alcoholic liquor for the first 10 bottles so sold or served from by the licensee. For the eleventh bottle of alcoholic liquor and for each third bottle thereafter sold or served from by the licensee with a foreign object in it, the maximum penalty that may be imposed on the licensee is the destruction of the bottle of alcoholic liquor and a fine of up to $50. (2) To adopt such rules and regulations consistent with the provisions of this Act which shall be necessary to carry on its functions and duties to the end that the health, safety and welfare of the People of the State of Illinois shall be protected and temperance in the consumption of alcoholic liquors shall be fostered and promoted and to distribute copies of such rules and regulations to all licensees affected thereby. (3) To call upon other administrative departments of the State, county and municipal governments, county and city police departments and upon prosecuting officers for such information and assistance as it deems necessary in the performance of its duties. (4) To recommend to local commissioners rules and regulations, not inconsistent with the law, for the distribution and sale of alcoholic liquors throughout the State. (5) To inspect, or cause to be inspected, any premises in this State where alcoholic liquors are manufactured, distributed, warehoused, or sold. (5.1) Upon receipt of a complaint or upon having knowledge that any person is engaged in business as a manufacturer, importing distributor, distributor, or retailer without a license or valid license, to notify the local liquor authority, file a complaint with the State's Attorney's Office of the county where the incident occurred, or initiate an investigation with the appropriate law enforcement officials. (5.2) To issue a cease and desist notice to persons shipping alcoholic liquor into this State from a point outside of this State if the shipment is in violation of this Act. (5.3) To receive complaints from licensees, local officials, law enforcement agencies, organizations, and persons stating that any licensee has been or is violating any provision of this Act or the rules and regulations issued pursuant to this Act. Such complaints shall be in writing, signed and sworn to by the person making the complaint, and shall state with specificity the facts in relation to the alleged violation. If the Commission has reasonable grounds to believe that the complaint substantially alleges a violation of this Act or rules and regulations adopted pursuant to this Act, it shall conduct an investigation. If, after conducting an investigation, the Commission is satisfied that the alleged violation did occur, it shall proceed with disciplinary action against the licensee as provided in this Act. (6) To hear and determine appeals from orders of a local commission in accordance with the provisions of this Act, as hereinafter set forth. Hearings under this subsection shall be held in Springfield or Chicago, at whichever location is the more convenient for the majority of persons who are parties to the hearing. (7) The commission shall establish uniform systems of accounts to be kept by all retail licensees having more than 4 employees, and for this purpose the commission may classify all retail licensees having more than 4 employees and establish a uniform system of accounts for each class and prescribe the manner in which such accounts shall be kept. The commission may also prescribe the forms of accounts to be kept by all retail licensees having more than 4 employees, including but not limited to accounts of earnings and
4554 JOURNAL OF THE [May 14, 1999] expenses and any distribution, payment, or other distribution of earnings or assets, and any other forms, records and memoranda which in the judgment of the commission may be necessary or appropriate to carry out any of the provisions of this Act, including but not limited to such forms, records and memoranda as will readily and accurately disclose at all times the beneficial ownership of such retail licensed business. The accounts, forms, records and memoranda shall be available at all reasonable times for inspection by authorized representatives of the State commission or by any local liquor control commissioner or his or her authorized representative. The commission, may, from time to time, alter, amend or repeal, in whole or in part, any uniform system of accounts, or the form and manner of keeping accounts. (8) In the conduct of any hearing authorized to be held by the commission, to examine, or cause to be examined, under oath, any licensee, and to examine or cause to be examined the books and records of such licensee; to hear testimony and take proof material for its information in the discharge of its duties hereunder; to administer or cause to be administered oaths; and for any such purpose to issue subpoena or subpoenas to require the attendance of witnesses and the production of books, which shall be effective in any part of this State. Any Circuit Court may by order duly entered, require the attendance of witnesses and the production of relevant books subpoenaed by the State commission and the court may compel obedience to its order by proceedings for contempt. (9) To investigate the administration of laws in relation to alcoholic liquors in this and other states and any foreign countries, and to recommend from time to time to the Governor and through him or her to the legislature of this State, such amendments to this Act, if any, as it may think desirable and as will serve to further the general broad purposes contained in Section 1-2 hereof. (10) To adopt such rules and regulations consistent with the provisions of this Act which shall be necessary for the control, sale or disposition of alcoholic liquor damaged as a result of an accident, wreck, flood, fire or other similar occurrence. (11) To develop industry educational programs related to responsible serving and selling, particularly in the areas of overserving consumers and illegal underage purchasing and consumption of alcoholic beverages. (12) To develop and maintain a repository of license and regulatory information. (13) On or before January 15, 1994, the Commission shall issue a written report to the Governor and General Assembly that is to be based on a comprehensive study of the impact on and implications for the State of Illinois of Section 1926 of the Federal ADAMHA Reorganization Act of 1992 (Public Law 102-321). This study shall address the extent to which Illinois currently complies with the provisions of P.L. 102-321 and the rules promulgated pursuant thereto. As part of its report, the Commission shall provide the following essential information: (i) the number of retail distributors of tobacco products, by type and geographic area, in the State; (ii) the number of reported citations and successful convictions, categorized by type and location of retail distributor, for violation of the Sale of Tobacco to Minors Act and the Smokeless Tobacco Limitation Act; (iii) the extent and nature of organized educational and governmental activities that are intended to promote, encourage or otherwise secure compliance with any Illinois laws that
HOUSE OF REPRESENTATIVES 4555 prohibit the sale or distribution of tobacco products to minors; and (iv) the level of access and availability of tobacco products to individuals under the age of 18. To obtain the data necessary to comply with the provisions of P.L. 102-321 and the requirements of this report, the Commission shall conduct random, unannounced inspections of a geographically and scientifically representative sample of the State's retail tobacco distributors. The Commission shall consult with the Department of Public Health, the Department of Human Services, the Illinois State Police and any other executive branch agency, and private organizations that may have information relevant to this report. The Commission may contract with the Food and Drug Administration of the U.S. Department of Health and Human Services to conduct unannounced investigations of Illinois tobacco vendors to determine compliance with federal laws relating to the illegal sale of cigarettes and smokeless tobacco products to persons under the age of 18. (b) On or before April 30, 1999, the Commission shall present a written report to the Governor and the General Assembly that shall be based on a study of the impact of this amendatory Act of 1998 on the business of soliciting, selling, and shipping alcoholic liquor from outside of this State directly to residents of this State. As part of its report, the Commission shall provide the following information: (i) the amount of State excise and sales tax revenues generated as a result of this amendatory Act of 1998; (ii) the amount of licensing fees received as a result of this amendatory Act of 1998; (iii) the number of reported violations, the number of cease and desist notices issued by the Commission, the number of notices of violations issued to the Department of Revenue, and the number of notices and complaints of violations to law enforcement officials. (Source: P.A. 89-507, eff. 7-1-97; 90-9, eff. 7-1-97; 90-432, eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff. 8-13-98.)". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1700 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 1720 A bill for AN ACT to amend the Criminal Code of 1961 by changing Sections 11-14, 11-15, and 11-18. 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. 1720.
4556 JOURNAL OF THE [May 14, 1999] Senate Amendment No. 2 to HOUSE BILL NO. 1720. Senate Amendment No. 3 to HOUSE BILL NO. 1720. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1720 by replacing the title with the following: "AN ACT to amend the Criminal Code of 1961 by changing Sections 11-14, 11-15, 11-17, 11-18, and 11-19."; and by replacing everything after the enacting clause with the following: "Section 5. The Criminal Code of 1961 is amended by changing Sections 11-14, 11-15, 11-17, 11-18, and 11-19 as follows: (720 ILCS 5/11-14) (from Ch. 38, par. 11-14) Sec. 11-14. Prostitution. (a) Any person who performs, offers or agrees to perform any act of sexual penetration as defined in Section 12-12 of this Code for any money, property, token, object, or article or anything of value, or any touching or fondling of the sex organs of one person by another person, for any money, property, token, object, or article or anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution. (b) Sentence. Prostitution is a Class A misdemeanor. A person convicted of a second third or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11-15 , 11-17, 11-18, 11-18.1 and 11-19 of this Code is shall be guilty of a Class 4 felony. When a person has one 2 or more prior convictions, the information or indictment charging that person shall state such prior conviction convictions so as to give notice of the State's intention to treat the charge as a felony. The fact of such prior conviction convictions is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial. (Source: P.A. 88-680, eff. 1-1-95.) (720 ILCS 5/11-15) (from Ch. 38, par. 11-15) Sec. 11-15. Soliciting for a prostitute. (a) Any person who performs any of the following acts commits soliciting for a prostitute: (1) Solicits another for the purpose of prostitution; or (2) Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or (3) Directs another to a place knowing such direction is for the purpose of prostitution. (b) Sentence. Soliciting for a prostitute is a Class A misdemeanor. A person convicted of a second third or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11-14, 11-17, 11-18, 11-18.1 and 11-19 of this Code is shall be guilty of a Class 4 felony. When a person has one 2 or more prior convictions, the information or indictment charging that person shall state such prior conviction convictions so as to give notice of the State's intention to treat the charge as a felony. The fact of such prior conviction convictions is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial. (c) A peace officer who arrests a person for a violation of this
HOUSE OF REPRESENTATIVES 4557 Section may impound any vehicle used by the person in the commission of the offense. The person may recover the vehicle from the impound after a minimum of 2 hours after arrest upon payment of a fee of $200. (Source: P.A. 85-1447.) (720 ILCS 5/11-17) (from Ch. 38, par. 11-17) Sec. 11-17. Keeping a Place of Prostitution. (a) Any person who has or exercises control over the use of any place which could offer seclusion or shelter for the practice of prostitution who performs any of the following acts keeps a place of prostitution: (1) Knowingly grants or permits the use of such place for the purpose of prostitution; or (2) Grants or permits the use of such place under circumstances from which he could reasonably know that the place is used or is to be used for purposes of prostitution; or (3) Permits the continued use of a place after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of prostitution. (b) Sentence. Keeping a place of prostitution is a Class A misdemeanor. A person convicted of a second third or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11-14, 11-15, 11-18, 11-18.1 and 11-19 of this Code, is shall be guilty of a Class 4 felony. When a person has one 2 or more prior convictions, the information or indictment charging that person shall state such prior conviction convictions so as to give notice of the State's intention to treat the charge as a felony. The fact of such conviction convictions is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial. (Source: P.A. 85-1447.) (720 ILCS 5/11-18) (from Ch. 38, par. 11-18) Sec. 11-18. Patronizing a prostitute. (a) Any person who performs any of the following acts with a person not his or her spouse commits the offense of patronizing a prostitute: (1) Engages in an act of sexual penetration as defined in Section 12-12 of this Code with a prostitute; or (2) Enters or remains in a place of prostitution with intent to engage in an act of sexual penetration as defined in Section 12-12 of this Code. (b) Sentence. Patronizing a prostitute is a Class A misdemeanor. A person convicted of a second third or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11-14, 11-15, 11-17, 11-18.1 and 11-19 of this Code, is shall be guilty of a Class 4 felony. When a person has one 2 or more prior convictions, the information or indictment charging that person shall state such prior convictions so as to give notice of the State's intention to treat the charge as a felony. The fact of such conviction convictions is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial. (Source: P.A. 88-325.) (720 ILCS 5/11-19) (from Ch. 38, par. 11-19) Sec. 11-19. Pimping. (a) Any person who receives any money, property, token, object, or article or anything of value from a prostitute, not for a lawful consideration, knowing it was earned in whole or in part from the practice of prostitution, commits pimping. (b) Sentence.
4558 JOURNAL OF THE [May 14, 1999] Pimping is a Class A misdemeanor. A person convicted of a second third or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11-14, 11-15, 11-17, 11-18 and 11-18.1 of this Code is shall be guilty of a Class 4 felony. When a person has one 2 or more prior convictions, the information or indictment charging that person shall state such prior conviction convictions so as to give notice of the State's intention to treat the charge as a felony. The fact of such conviction convictions is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial. (Source: P.A. 88-680, eff. 1-1-95.)". AMENDMENT NO. 2. Amend House Bill 1720, AS AMENDED, with reference to the page and line numbers of Senate Amendment No. 1, on page 3, line 10, by inserting after "$200." the following: "The fee shall be distributed to the unit of government whose peace officers made the arrest for a violation of this Section. This $200 fee includes the costs incurred by the unit of government to tow the vehicle to the impound.". AMENDMENT NO. 3. Amend House Bill 1720, AS AMENDED, in subsection (c) of Sec. 11-15 of Section 5, by inserting after "impound." the following: "Upon the presentation of a signed court order by the defendant whose vehicle was impounded showing that the defendant has been acquitted of the offense of soliciting for a prostitute or that the charges have been dismissed against the defendant for that offense, the municipality shall refund the $200 fee to the defendant.". The foregoing message from the Senate reporting Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 1720 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 1778 A bill for AN ACT to amend the Property Tax Code by changing Section 17-10. 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. 1778. Senate Amendment No. 2 to HOUSE BILL NO. 1778. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate
HOUSE OF REPRESENTATIVES 4559 AMENDMENT NO. 1. Amend House Bill 1778 by replacing the title with the following: "AN ACT to amend the Property Tax Code."; and by replacing everything after the enacting clause with the following: "Section 5. The Property Tax Code is amended by changing Sections 17-5, 17-10, 17-15, 17-20, 17-25, 17-30, 17-35, 31-10, 31-15, 31-25, 31-30, 31-35, 31-45, 31-50, 31-60, and 31-70 and adding Section 31-47 as follows: (35 ILCS 200/17-5) Sec. 17-5. Equalization among counties. The Department shall act as an equalizing authority. It shall examine the abstracts of property assessed for taxation in the counties and in the assessment districts in counties having assessment districts, as returned by the county clerks, and shall equalize the assessments between counties as provided in this Code. Except as hereinafter provided, the Department shall lower or raise the total assessed value of property in each any county as returned by the county clerk, other than property assessed under Sections 10-110 through 10-140 and 10-170 through 10-200, so that the property will be assessed at 33 1/3% of its fair cash value. The Department shall annually determine the percentage relationship, for each county of the State, between the valuations at which locally-assessed property, other than property assessed under the Sections 10-110 through 10-140 and 10-170 through 10-200, as is listed by assessors and revised by boards of review or boards of appeal, and the estimated 33 1/3% of the fair cash value of the property. To make this analysis, the Department shall use property transfers, property appraisals, and other means as it deems proper and reasonable. With the ratio determined for each county, the Department shall then determine the percentage to be added to or deducted from the aggregate reviewed assessment on property subject to local assessment jurisdiction, other than property assessed under the Sections cited above, to produce a ratio of assessed value to 33 1/3% of the fair cash value equivalent to 100%. If the Department determines that there are substantial differences in the level of assessment among different townships in the same county, it shall, upon the request of the county executive or, in counties not having an elected county executive, of the county board under a resolution adopted by the board, apply separate township equalization factors determined by the Department, in lieu of a single equalization factor for the entire county, but this provision does not apply within any county which elects a county assessor under Sections 3-45 or 3-50. (Source: P.A. 84-1343; 88-455.) (35 ILCS 200/17-10) Sec. 17-10. Sales ratio studies. The Department shall monitor the quality of local assessments by designing, preparing and using ratio studies, and shall use the results as the basis for equalization decisions. In compiling sales ratio studies, the Department shall exclude from the reported sales price of any property any amounts included for personal property and, for sales occurring through December 31, 1999, shall exclude seller paid points. The Department shall not include in its sales ratio studies sales of property which have been platted and for which an increase in the assessed valuation is restricted by Section 10-30. The Department shall not include in its sales ratio studies the initial sale of residential property that has been converted to condominium property. When the declaration required under the Real Estate Transfer Tax Law contains financing information required under Section 31-25, the
4560 JOURNAL OF THE [May 14, 1999] Department shall adjust sales prices to exclude seller-paid points and shall adjust sales prices to "cash value" when seller related financing is used that is different than the prevailing cost of cash. The prevailing cost of cash for sales occurring on or after January 1, 1992 shall be established as the monthly average 30-year fixed Primary Mortgage Market Survey rate for the North Central Region as published weekly by the Federal Home Loan Mortgage Corporation, as computed by the Department, or such other rate as determined by the Department. This rate shall be known as the survey rate. For sales occurring on or after January 1, 1992, through December 31, 1999, adjustments in the prevailing cost of cash shall be made only after the survey rate has been at or above 13% for 12 consecutive months and will continue until the survey rate has been below 13% for 12 consecutive months. For sales occurring on or after January 1, 2000, adjustments for seller paid points and adjustments in the prevailing cost of cash shall be made only after the survey rate has been at or above 13% for 12 consecutive months and will continue until the survey rate has been below 13% for 12 consecutive months. The Department shall not include in its sales ratio studies the initial sale of residential property that has been converted to condominium property. The Department shall make public its adjustment procedure upon request. (Source: P.A. 86-1481; 87-877; 88-455.) (35 ILCS 200/17-15) Sec. 17-15. Tentative equalization factor. The Department shall forward to the County Clerk of each county in each year its estimate of the percentage, established under Section 17-5, to be added to or deducted from the aggregate of the locally assessed property in that county, other than property assessed under Sections 10-110 through 10-140 and 10-170 through 10-200. The percentage relationship to be certified to each county or to the several townships therein by the Department as provided by Section 17-25 shall be determined by the ratio between the percentage estimate so made and forwarded, as provided by this Section, and the level of assessments of the assessed valuations as made by the assessors and thereafter finally revised by the board of review or board of appeals of that county. Such estimate shall be forwarded by the Department to the County Clerk of any County within 15 days after the chief county assessment officer files with the Department an abstract of the assessments of the locally assessed property in the county, as finally revised. The abstract shall be in substantially the same form as required of the County Clerk by Sections 9-250 and 9-255 after completion of the revisions thereafter to be made by the board of review or board of appeals of the county, except that the abstract shall specify separately the amount of omitted property, and the amount of improvements upon property assessed for the first time in that year. The chief county assessment officer shall forward the abstract to the Department within 30 days after returning the county assessment books to the county board of review or board of appeals. (Source: P.A. 86-905; 88-455.) (35 ILCS 200/17-20) Sec. 17-20. Hearing on tentative equalization factor. The Department shall, after publishing its tentative equalization factor and giving notice of hearing to the public in a newspaper of general circulation in the county, hold a hearing on its estimate not less than 10 days nor more than 30 days from the date of the publication. The notice shall state the date and time of the hearing, which shall be held in either Chicago or Springfield, the basis for the estimate of the Department, and further information as the Department may prescribe. The Department shall, after giving a hearing to all interested parties and opportunity for submitting testimony and
HOUSE OF REPRESENTATIVES 4561 evidence in support of or adverse to the estimate as the Department considers requisite, either confirm or revise the estimate so as to correctly represent the considered judgment of the Department respecting the estimated percentage to be added to or deducted from the aggregate assessment of all locally assessed property in the county except property assessed under Sections 10-110 through 10-140 or 10-170 through 10-200. Within 30 days after the conclusion of the hearing the Department shall mail to the County Clerk, by certified mail, its determination with respect to such estimated percentage to be added to or deducted from the aggregate assessment. The amendment made by P.A. 77-714 does not apply in any county which elects a county assessor under Sections 3-45 or 3-50. (Source: P.A. 86-905; 88-455.) (35 ILCS 200/17-25) Sec. 17-25. Application of final equalization factor. The assessments of all property, other than property assessed under Sections 10-110 through 10-140 and 10-170 through 10-200, as returned by the county clerks, shall be equalized by adding to the aggregate assessed value thereof in every county in which the Department finds the valuation to be less than 33 1/3% of the fair cash value of the property, the rate per cent which will raise the aggregate assessed valuation to 33 1/3% of fair cash value, and by deducting from the aggregate assessed value thereof, in every county or township in which the Department finds the valuation to be more than 33 1/3% of the fair cash value, the rate per cent which will reduce the aggregate assessed valuation to 33 1/3% of fair cash value. However, no equalization factor shall be certified by the Department to raise or reduce the aggregate assessed value of any county or township in which the aggregate assessed value of property other than that assessed under the Sections cited above, is more than 99% and less than 101% of 33 1/3% of fair cash value. The amendment made by P.A. 77-714 does not apply within the jurisdiction of any county which elects a county assessor under Sections 3-45 or 3-50. (Source: P.A. 84-1343; 88-455.) (35 ILCS 200/17-30) Sec. 17-30. Certification of final equalization factor. When the Department has completed its equalization of assessments in each year, it shall certify to each the several county clerk clerks the percentage finally determined by it to be added to or deducted from the listed or assessed valuation of property in the county several counties or townships as returned by the county clerk. (Source: P.A. 78-255; 88-455.) (35 ILCS 200/17-35) Sec. 17-35. Certification of assessments. The Department shall certify to the county clerks of the proper counties the assessments made by it on certified pollution control facilities, low sulfur dioxide emission coal fueled devices and on property owned or used by railroad companies operating within this State, along with the distribution of those railroad assessments among the respective taxing districts within the counties. The county clerks shall extend the taxes for all purposes on the amounts so certified, in the same manner as taxes are extended against other property in the taxing districts in which the pollution control facilities, low sulfur dioxide emission coal fueled devices and railroad property are allocated or distributed. The amendment made by P.A. 77-714 does not apply within the jurisdiction of any county which elects a county assessor under Sections 3-45 or 3-50. (Source: P.A. 78-255; 88-455.) (35 ILCS 200/31-10) Sec. 31-10. Imposition of tax. A tax is imposed on the privilege
4562 JOURNAL OF THE [May 14, 1999] of transferring title to real estate, as represented by the deed that is filed for recordation, and on the privilege of transferring a beneficial interest in real property that is the subject of a land trust as represented by the trust document that is filed for recordation, at the rate of 50¢ for each $500 of value or fraction of $500 stated in the declaration required by Section 31-25. If, however, the deed or trust document states that the real estate is transferred subject to a mortgage the amount of the mortgage remaining outstanding at the time of transfer shall not be included in the basis of computing the tax. (Source: P.A. 86-624; 86-925; 86-1028; 86-1475; 87-543; 88-455.) (35 ILCS 200/31-15) Sec. 31-15. Collection of tax. The tax shall be collected by the recorder or registrar of titles of the county in which the property is situated several counties through the sale of revenue stamps, the design, denominations and form of which shall be prescribed by the Department. If requested by the recorder or registrar of titles of a county that has imposed a county real estate transfer tax under Section 5-1031 of the Counties Code, the Department shall design the stamps furnished to that county under this Section so that the same stamp also provides evidence of the payment of the county real estate transfer tax and shall include in the design of the stamp the name of the county and an indication that the stamp is evidence of the payment of both State and county real estate transfer taxes. The revenue stamps shall be sold by the Department to the recorder or registrar of titles who shall cause them to be sold for the purposes prescribed. The Department shall charge at a rate of 50¢ per $500 of value in units of not less than $500. The recorder or registrar of titles of the several counties shall sell the revenue stamps at a rate of 50¢ per $500 of value or fraction of $500. The recorder or registrar of titles may use the proceeds for the purchase of revenue stamps from the Department. (Source: P.A. 86-624; 86-925; 86-1028; 86-1475; 87-543; 88-455.) (35 ILCS 200/31-25) Sec. 31-25. Transfer declaration. At the time a deed or trust document is presented for recordation, there shall also be presented to the recorder or registrar of titles a declaration, signed by at least one of the sellers and also signed by at least one of the buyers in the transaction or by the attorneys or agents for the sellers or buyers. The declaration shall state information including, but not limited to: (a) the full consideration for the property so transferred; (b) the parcel identifying permanent real estate index number of the property, if any; (c) the legal description of the property; (d) the date of the deed or trust document; (e) the type of deed or trust document; (f) the address of the property; (g) the type of improvement, if any, on the property conveyed; (h) information as to whether the transfer is between related individuals or corporate affiliates relatives or is a compulsory transaction; (i) that the parties are advised that the State of Illinois has enacted the Smoke Detector Act; and (j) the lot size or acreage; (j) the value of personal property sold with the real estate; (k) the year the contract was initiated if an installment sale; and (l) the name, address, and telephone number of the person preparing the declaration. Except as provided in Section 31-45, a deed or trust document shall not be accepted for recordation unless it is accompanied by a declaration containing all the information requested in the declaration. When the declaration is signed by an attorney or agent on behalf of sellers or buyers who have the power of direction to deal with the title to the real estate under a land trust agreement, the trustee being the mere repository of record legal title with a duty of conveying the real estate only
HOUSE OF REPRESENTATIVES 4563 when and if directed in writing by the beneficiary or beneficiaries having the power of direction, the attorneys or agents executing the declaration on behalf of the sellers or buyers need identify only the land trust that is the repository of record legal title and not the beneficiary or beneficiaries having the power of direction under the land trust agreement. The declaration form shall be prescribed by the Department and shall contain sales information questions. For sales occurring during a period in which the provisions of Section 17-10 require the Department to adjust sale prices for seller paid points and prevailing cost of cash The subject of the sales information questions shall include, but not be limited to, information on compulsory transactions, sales between relatives and related corporations, contractual sales, and deed or trust document types. In addition, the declaration form shall contain questions regarding the financing of the sale. The subject of the financing questions shall include any direct seller participation in the financing of the sale or information on financing that is unconventional so as to affect the fair cash value received by the seller. The intent of the sales and financing questions is to aid in the reduction in the number of buyers required to provide financing information necessary for the adjustment outlined in Section 17-10. For sales occurring during a period in which the provisions of Section 17-10 require the Department to adjust sale prices for seller paid points and prevailing cost of cash, the declaration form shall include, at a minimum, an appropriate place for the inclusion of special facts or circumstances, if any, and shall include the following data: (a) seller paid points, value of personal property sold with the real estate, (b) sales finance charges (points) paid by the seller, (c) the sales price, (c) (d) type of financing (conventional, VA, FHA, seller-financed, or other), (d) (e) down payment, (e) (f) term, (f) (g) interest rate, (g) (h) type and description of interest rate (fixed, adjustable or renegotiable), and (h) an appropriate place for the inclusion of special facts or circumstances, if any. (i) the year the contract was initiated if a contractual sale, and (j) the name, address and telephone number of the person filling out the real estate transfer declaration. In counties of 3,000,000 or more inhabitants, the declaration shall also contain a sworn or affirmed statement executed by the grantor or the grantor's agent stating that, to the best of his or her knowledge, the name of the grantee shown on the deed or assignment of beneficial interest in a land trust is either a natural person, an Illinois corporation or foreign corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do business or acquire and hold title to real estate in Illinois, or other entity recognized as a person and authorized to do business or acquire and hold title to real estate under the laws of Illinois. In counties of 3,000,000 or more inhabitants, the declaration shall also contain a sworn or affirmed statement executed by the grantee or the grantee's agent verifying that the name of the grantee shown on the deed or assignment of beneficial interest in a land trust is either a natural person, an Illinois corporation or foreign corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do business or acquire and hold title to real estate in Illinois, or other entity recognized as a person and authorized to do business or acquire and hold title to real estate under the laws of Illinois. The Department shall provide an adequate supply of forms to each recorder and registrar of titles in the State. (Source: P.A. 86-624; 86-925; 86-1028; 86-1475; 87-543; 88-455.) (35 ILCS 200/31-30) Sec. 31-30. Use of transfer declaration. The recorder or
4564 JOURNAL OF THE [May 14, 1999] registrar of titles shall not record the declaration, but shall insert on the declaration and all attachments the Document Number assigned to the deed or trust document, and shall within 30 days of receipt then transmit the declaration to the chief county assessment officer. The chief county assessment officer shall insert on the declaration the most recent assessed value for each parcel of the transferred property and other information required by the Department, and, within 30 days of receipt or within 30 days of the adjournment of the board of review for the previous assessment year, whichever is later at least once during every month, shall transmit all the declarations to the Department. The chief county assessment officer may also copy and retain any information relating to the property transferred to assist in determining the proper assessed valuation of the property transferred and other properties in his county. (Source: P.A. 86-624; 86-925; 86-1028; 86-1475; 87-543; 88-455.) (35 ILCS 200/31-35) Sec. 31-35. Deposit of tax revenue. Beginning July 1, 1993 through June 30, 1994, 50% of the monies collected under Section 31-15 shall be deposited into the Illinois Affordable Housing Trust Fund, 10% into the General Revenue Fund, 28% into the Open Space Lands Acquisition and Development Fund and 12% into the Natural Areas Acquisition Fund. Beginning July 1, 1994, 50% of the monies collected under Section 31-15 shall be deposited into the Illinois Affordable Housing Trust Fund, 35% into the Open Space Lands Acquisition and Development Fund and 15% into the Natural Areas Acquisition Fund. (Source: P.A. 86-624; 86-925; 86-1028; 86-1475; 87-543; 88-455.) (35 ILCS 200/31-45) Sec. 31-45. Exemptions. The following deeds or trust documents shall be exempt from the provisions of this Article except as provided in this Section: (a) Deeds representing real estate transfers made before January 1, 1968, but recorded after that date and trust documents executed before January 1, 1986, but recorded after that date. (b) Deeds to or trust documents relating to (1) property acquired by any governmental body or from any governmental body, (2) property or interests transferred between governmental bodies, or (3) property acquired by or from any corporation, society, association, foundation or institution organized and operated exclusively for charitable, religious or educational purposes. However, deeds or trust documents, other than those in which the Administrator of Veterans' Affairs of the United States is the grantee pursuant to a foreclosure proceeding, shall not be exempt from filing the declaration. (c) Deeds or trust documents that secure debt or other obligation. (d) Deeds or trust documents that, without additional consideration, confirm, correct, modify, or supplement a deed or trust document previously recorded. (e) Deeds or trust documents where the actual consideration is less than $100. (f) Tax deeds. (g) Deeds or trust documents that release property that is security for a debt or other obligation. (h) Deeds of partition. (i) Deeds or trust documents made pursuant to mergers, consolidations or transfers or sales of substantially all of the assets of corporations under plans of reorganization under the Federal Internal Revenue Code or Title 11 of the Federal Bankruptcy Act.
HOUSE OF REPRESENTATIVES 4565 (j) Deeds or trust documents made by a subsidiary corporation to its parent corporation for no consideration other than the cancellation or surrender of the subsidiary's stock. (k) Deeds when there is an actual exchange of real estate and trust documents when there is an actual exchange of beneficial interests, except that that money difference or money's worth paid from one to the other is not exempt from the tax. These deeds or trust documents, however, shall not be exempt from filing the declaration. (l) Deeds issued to a holder of a mortgage, as defined in Section 15-103 of the Code of Civil Procedure, pursuant to a mortgage foreclosure proceeding or pursuant to a transfer in lieu of foreclosure. (m) A deed or trust document related to the purchase of a principal residence by a participant in the program authorized by the Home Ownership Made Easy Act, except that those deeds and trust documents shall not be exempt from filing the declaration. (Source: P.A. 87-1206; 88-455.) (35 ILCS 200/31-47 new) Sec. 31-47. Verification. In all counties, each transfer declaration filed under this Law shall include a written statement by both the grantor or grantor's agent and the grantee or grantee's agent that the information contained in the declaration is true and correct to the best of his or her knowledge and belief. In counties of 3,000,000 or more inhabitants, the declaration shall also contain a written statement executed by the grantor or the grantor's agent verifying that, to the best of his or her knowledge, the name of the grantee shown on the deed or assignment of beneficial interest in a land trust is either a natural person, an Illinois corporation or foreign corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do business or acquire and hold title to real estate in Illinois, or other entity recognized as a person and authorized to do business or acquire and hold title to real estate under the laws of Illinois. In counties of 3,000,000 or more inhabitants, the declaration shall also contain a written statement executed by the grantee or the grantee's agent verifying that the name of the grantee shown on the deed or assignment of beneficial interest in a land trust is either a natural person, an Illinois corporation or foreign corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do business or acquire and hold title to real estate in Illinois, or other entity recognized as a person and authorized to do business or acquire and hold title to real estate under the laws of Illinois. (35 ILCS 200/31-50) Sec. 31-50. Penalties. Any person, including any person preparing the declaration, who willfully falsifies the value of transferred real estate on the transfer declaration required by Section 31-25 or who willfully falsifies or willfully omits any other information required by Section 31-25 or who willfully and falsely claims a transaction to be exempt under Section 31-45 is guilty of a Class B misdemeanor. Any person who knowingly submits a false statement concerning the identity of a grantee under the provisions of this Article is guilty of a Class C misdemeanor. A second or subsequent conviction of an offense is a Class A misdemeanor. A prosecution for any act in violation of this Article may be commenced at any time within 5 years 3 years of the commission of the act. Only the buyer or the buyer's representative shall attest to the accuracy of the financing information reported on the declaration and required by Section 31-25. Any person convicted of any offense under this Law is liable for the tax due in addition to any fines imposed
4566 JOURNAL OF THE [May 14, 1999] by the court. (Source: P.A. 84-1308; 88-455.) (35 ILCS 200/31-60) Sec. 31-60. Check for violations. The Department shall conduct spot checks or investigations of declarations required to be filed by this Article and may shall forward information of violations to the State's Attorney of the county where the violations occur for prosecution and collection of taxes. (Source: P.A. 81-936; 88-455.) (35 ILCS 200/31-70) Sec. 31-70. Rules. The Department may prescribe reasonable rules for the administration of this Article, including rules permitting a transfer declaration in a prescribed electronic form and permitting the electronic transmission of the transfer declaration using a prescribed method and format. (Source: Laws 1967, p. 1716; P.A. 88-455.) Section 99. Effective date. This Act takes effect on January 1, 2000.". AMENDMENT NO. 2. Amend House Bill 1778, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 1, line 9, by deleting "31-10,"; and on page 7, by deleting lines 19 through 33; and on page 15, lines 14 and 15, by replacing "person, including any person preparing the declaration," with "person". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 1778 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 1780 A bill for AN ACT creating the Health Care Professional Credentialing Act. 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. 1780. Senate Amendment No. 2 to HOUSE BILL NO. 1780. Senate Amendment No. 3 to HOUSE BILL NO. 1780. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1780 on page 1, by deleting lines 7 through 30; and
HOUSE OF REPRESENTATIVES 4567 by deleting pages 2 through 10. AMENDMENT NO. 2. Amend House Bill 1780, AS AMENDED, by replacing the title with the following: "AN ACT creating the Health Care Professional Credentials Data Collection Act."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Health Care Professional Credentials Data Collection Act. Section 5. Definitions. As used in this Act: "Council" means the Health Care Credentials Council. "Credentials data" means those data, information, or answers to questions required by a health care entity, health care plan, or hospital to complete the credentialing or recredentialing of a health care professional. "Credentialing" means the process of assessing and validating the qualifications of a health care professional. "Department" means the Department of Public Health. "Director" means the Director of the Department of Public Health. "Health care entity" means any of the following which require the submission of credentials data: (i) a health care facility or other health care organization licensed or certified to provide medical or health services in Illinois, other than a hospital; (ii) a health care professional partnership, corporation, limited liability company, professional services corporation or group practice; or (iii) an independent practice association or physician hospital organization. Nothing in this definition shall be construed to mean that a hospital is a health care entity. "Health care plan" means any entity licensed by the Department of Insurance as a prepaid health care plan or health maintenance organization or as an insurer which requires the submission of credentials data. "Health care professional" means any person licensed under the Medical Practice Act of 1987 or any person licensed under any other Act subsequently made subject to this Act by the Department. "Hospital" means a hospital licensed under the Hospital Licensing Act or any hospital organized under the University of Illinois Hospital Act. "Recredentialing" means the process by which a health care entity, health care plan or hospital ensures that a health care professional who is currently credentialed by the health care entity, health care plan or hospital continues to meet the credentialing criteria used by the health care entity, health care plan, or hospital no more than once every 2 years. "Single credentialing cycle" means a process whereby for purposes of recredentialing each health care professional's credentials data are collected by all health care entities and health care plans that credential the health care professional during the same time period and only once every 2 years. "Site survey" means a process by which a health care entity or health care plan assesses the office locations and medical record keeping practices of a health care professional. "Single site survey" means a process by which, for purposes of recredentialing, each health care professional receives a site visit only once every two years. "Uniform health care credentials form" means the form developed by the Department under Section 15 to collect the credentials data commonly requested by health care entities and health care plans for purposes of credentialing. "Uniform health care recredentials form" means the form developed by the Department under Section 15 to collect the credentials data
4568 JOURNAL OF THE [May 14, 1999] commonly requested by health care entities and health care plans for purposes of recredentialing. "Uniform hospital credentials form" means the form developed by the Department under Section 15 to collect the credentials data commonly requested by hospitals for purposes of credentialing. "Uniform hospital recredentials form" means the form developed by the Department under Section 15 to collect the credentials data commonly requested by hospitals for purposes of recredentialing. "Uniform site survey instrument" means the instrument developed by the Department under Section 25 to complete a single site survey as part of a credentialing or recredentialing process. "Uniform updating form" means a standardized form for reporting of corrections, updates, and modifications to credentials data to health care entities, health care plans, and hospitals when those data change following credentialing or recredentialing of a health care professional. Section 10. Health Care Credentials Council. (a) There is established a Health Care Credentials Council, consisting of 13 members, to assist the Department in accordance with Sections 15, 20, 25, and 30 of this Act. The Director, or his or her designee, shall serve as one member and chair of the council and the Governor shall appoint the remaining 12 members. Three members shall represent hospitals, 3 members shall represent health maintenance organizations, one member shall represent health insurance entities, 3 members shall represent physicians licensed to practice medicine in all its branches, one member shall represent chiropractic physicians, and one member shall represent ambulatory surgical treatment centers. In making these appointments, the Governor shall take into consideration the recommendations of various organizations representing hospitals, health maintenance organizations, insurers, ambulatory surgical treatment centers, and physicians. The initial appointments of 6 of the members shall be for 2 years. All other appointments shall be for 4 years, with no more than one 4-year reappointment. The hospital representatives shall not vote on the development of guidelines to implement Sections 20 and 25 of this Act. (b) On July 1, 2003, the council is abolished. Section 15. Development and use of uniform health care and hospital credentials forms. (a) The Department, in consultation with the council, shall by rule establish: (1) a uniform health care credentials form that shall include the credentials data commonly requested by health care entities and health care plans for purposes of credentialing and shall minimize the need for the collection of additional credentials data; (2) a uniform health care recredentials form that shall include the credentials data commonly requested by health care entities and health care plans for purposes of recredentialing and shall minimize the need for the collection of additional credentials data; (3) a uniform hospital credentials form that shall include the credentials data commonly requested by hospitals for purposes of credentialing and shall minimize the need for the collection of additional credentials data; (4) a uniform hospital recredentials form that shall include the credentials data commonly requested by hospitals for purposes of recredentialing and shall minimize the need for collection of additional credentials data; and (5) uniform updating forms. (b) The uniform forms established in subsection (a) shall be
HOUSE OF REPRESENTATIVES 4569 coordinated to reduce the need to provide redundant information. Further, the forms shall be made available in both paper and electronic formats. (c) The Department, in consultation with the council, shall establish by rule a date after which an electronic format may be required by a health care entity, a health care plan, or a hospital, and a health care professional may require acceptance of an electronic format by a health care entity, a health care plan, or a hospital. (d) Beginning July 1, 2000, each health care entity or health care plan that employs, contracts with, or allows health care professionals to provide medical or health care services and requires health care professionals to be credentialed or recredentialed shall for purposes of collecting credentials data only require: (1) the uniform health care credentials form; (2) the uniform health care recredentials form; (3) the uniform updating forms; and (4) any additional credentials data requested. (e) Beginning July 1, 2000, each hospital that employs, contracts with, or allows health care professionals to provide medical or health care services and requires health care professionals to be credentialed or recredentialed shall for purposes of collecting credentials data only require: (1) the uniform hospital credentials form; (2) the uniform hospital recredentials form; (3) the uniform updating forms; and (4) any additional credentials data requested. (f) Each health care entity and health care plan shall complete the process of verifying a health care professional's credentials data in a timely fashion and shall complete the process of credentialing or recredentialing of the health care professional within 60 days after submission of all credentials data and completion of verification of the credentials data. (g) Each health care professional shall provide any corrections, updates, and modifications to his or her credentials data to ensure that all credentials data on the health care professional remains current. Such corrections, updates, and modifications shall be provided within 5 business days for State health care professional license revocation, federal Drug Enforcement Agency license revocation, Medicare or Medicaid sanctions, revocation of hospital privileges, any lapse in professional liability coverage required by a health care entity, health care plan, or hospital, or conviction of a felony, and within 45 days for any other change in the information from the date the health care professional knew of the change. All updates shall be made on the uniform updating forms developed by the Department. (h) Any credentials data collected or obtained by the health care entity, health care plan, or hospital shall be confidential, as provided by law, and otherwise may not be redisclosed without written consent of the health care professional, except that in any proceeding to challenge credentialing or recredentialing, or in any judicial review thereof, the claim of confidentiality shall not be invoked to deny a health care entity, health care plan, or hospital access to or use of credentials data. Nothing in this Section prevents a health care entity, health care plan, or hospital from disclosing any credentials data to its officers, directors, employees, agents, subcontractors, medical staff members, any committee of the health care entity, health care plan, or hospital involved in the credentialing process, or accreditation bodies or licensing agencies. However, any redisclosure of credentials data contrary to this Section is prohibited.
4570 JOURNAL OF THE [May 14, 1999] (i) Nothing in this Act shall be construed to restrict the right of any health care entity, health care plan or hospital to request additional information necessary for credentialing or recredentialing. (j) Nothing in this Act shall be construed to restrict in any way the authority of any health care entity, health care plan or hospital to approve, suspend or deny an application for hospital staff membership, clinical privileges, or managed care network participation. (k) Nothing in this Act shall be construed to prohibit delegation of credentialing and recredentialing activities as long as the delegated entity follows the requirements set forth in this Act. (l) Nothing in this Act shall be construed to require any health care entity or health care plan to credential or survey any health care professional. Section 20. Single credentialing cycle. (a) The Department, in consultation with the council, shall by rule establish a single credentialing cycle. The single credentialing cycle shall be based on a specific variable or variables. To the extent possible the single credentialing cycle shall be established to ensure that the credentials data of all health care professionals in a group or at a single site are collected during the same time period. However, nothing in this Act shall be construed to require the single credentialing cycle to be established to ensure that the credentials data of all health care professionals in a group or at a single site are collected during the same time period. (b) Beginning January 1, 2001, all health care entities and health care plans shall obtain credentials data on all health care professionals according to the established single credentialing cycle. (c) The Department, in consultation with the council, shall by rule establish a process to exempt a small or unique health care entity or small or unique health care plan from the single credentialing cycle if the health care entity or health care plan demonstrates to the Department that adherence to the single credentialing cycle would be an undue hardship for the health care entity or health care plan. (d) The requirements of this Section shall not apply when a health care professional submits initial credentials data to a health care entity or health care plan outside of the established single credentialing cycle, when a health care professional's credentials data change substantively, or when a health care entity or health care plan requires recredentialing as a result of patient or quality assurance issues. Section 25. Single site survey. (a) The Department, in consultation with the council, shall by rule establish a uniform site survey instrument taking into account national accreditation standards and State requirements. The uniform site survey instrument shall include all the site survey data requested by health care entities and health care plans. (b) No later than January 1, 2001, the Department, in consultation with the council, shall publish, in rule, the variable or variables for completing the single site survey. To the extent possible, the single site survey shall be established to ensure that all health care professionals in a group or at a site are reviewed during the same time period. (c) Beginning July 1, 2001, health care entities and health care plans shall implement the single site survey, if a site survey is required by any of the health care professional's health care entities or health care plans. The site survey shall be completed
HOUSE OF REPRESENTATIVES 4571 using the uniform site survey instrument. (d) The uniform site survey instrument shall be used when a health care professional seeks initial credentialing by a health care entity or health care plan, when a health care professional's credentials data change substantively, or when a health care plan or health care entity requires a site survey as a result of patient or quality assurance issues, if a site survey is required by the health care entity or health care plan. (e) Nothing in this Section prohibits health care entities and health care plans from choosing the independent party to conduct the single site survey. Section 30. Study of coordinated credentials verification. (a) The Department, in consultation with the council, shall study the need for coordinated credentials data verification. (b) The study shall address the need for, the advantages and disadvantages of, and the costs and cost savings, if any, of coordinated credentials verification. (c) The study also may address other changes to improve the credentialing and recredentialing processes, to improve the timeliness of the credentials data, and reduce the costs, time, and administrative burden associated with the processes. (d) The Department shall make a recommendation to the General Assembly and the Governor regarding the need for further legislation no later than January 1, 2003. Section 35. Rules. The Department, in consultation with the council, shall adopt rules necessary to develop and implement and enforce the requirements established by this Act. Section 40. Enforcement. The Department has authority to enforce the provisions of the Act. In addition to any other penalty provided by law, any health care entity, health care plan, hospital, or health care professional that violates any Section of this Act shall forfeit and pay to the Department a fine in an amount determined by the Department of not more than $1,000 for the first offense and not more than $5,000 for each subsequent offense. Section 45. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all the provisions of the Act were included in the Act. For the purpose of this Act, the notice required under Section 10-25 of the Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party. Section 50. Administrative Review Law. All final administrative decisions of the Department are subject to judicial review pursuant to the provisions of the Administrative Review Law and all rules adopted pursuant thereto. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. Section 99. Effective Date. This Act takes effect upon becoming law.". AMENDMENT NO. 1. Amend House Bill 1780, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 2, on page 7, lines 2 and 3, by replacing "review thereof," with "review,"; and on page 7, line 4, after "deny a", by inserting "health care professional,". The foregoing message from the Senate reporting Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 1780 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary:
4572 JOURNAL OF THE [May 14, 1999] 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 1869 A bill for AN ACT to amend the Illinois Vehicle Code by changing Section 6-106.1. 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. 2 to HOUSE BILL NO. 1869. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 1869 on page 3, line 28, after "9-1.2,", by inserting "9-2, 9-2.1, 9-3, 9-3.2, 9-3.3,"; and on page 3, line 29, after "11-9,", by inserting "11-9.1,"; and on page 3, line 30, after "11-22,", by inserting "12-3.1, 12-4.1, 12-4.2,"; and on page 3, line 31, after "12-6,", by inserting "12-6.2,"; and on page 3, line 31, after "12-7.1,", by inserting "12-7.3, 12-7.4,"; and on page 3, line 32, after "12-16,", by inserting "12-16.2,"; and on page 3, line 32, after "12-21.6,", by inserting "12-33,"; and on page 3, line 33, after "18-4,", by inserting "18-5,"; and on page 3, line 33, after "20-1.1,", by inserting "20-2,"; and on page 3, line 33, after "24-1.2,", by inserting "24-3.3,". The foregoing message from the Senate reporting Senate Amendment No. 2 to HOUSE BILL 1869 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 1900 A bill for AN ACT concerning aquaculture. 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. 1900.
HOUSE OF REPRESENTATIVES 4573 Passed the Senate, as amended, April 26, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1900 on page 1, line 27, by replacing "The" with the following: "At the beginning of each fiscal period, the Cooperative shall prepare a budget plan for the next fiscal period, including the probable cost of all programs, projects, and contracts. The Cooperative shall submit the proposed budget to the Director for review and comment. The Director may recommend programs and activities considered appropriate for the Cooperative. The Cooperative shall keep minutes, books, and records that clearly reflect all of the acts and transactions of the Cooperative and shall make this information public. The financial books and records of the Cooperative shall be audited by a certified public accountant at least once each fiscal year and at other times as designated by the Director. The expense of the audit shall be the responsibility of the Cooperative. Copies of the audit shall be provided to all members of the Cooperative, to the Department, and to other requesting members of the aquaculture industry."; and on page 1, by deleting lines 28 and 29; and on page 2, by deleting line 1; and on page 64, line 21, by replacing "and (iii)" with "(iii) Illinois State University at Bloomington-Normal, (iv) Western Illinois University at Macomb, and (v)". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1900 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 1959 A bill for AN ACT regarding certain contracts for the delivery of human services. 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. 1959. Senate Amendment No. 3 to HOUSE BILL NO. 1959. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1959 on page 1, line 11 by
4574 JOURNAL OF THE [May 14, 1999] replacing "contracts with or" with the following: "enters into reimbursement agreements with, contracts with, and"; and on page 1, line 21 by replacing "contracts" with the following: "reimbursement agreements, contracts,"; and on page 2, line 21 by inserting "reimbursement agreement or" after "has a"; and on page 2, line 25 by replacing "contract" with the following: "reimbursement agreement, contract,"; and on page 2, line 29 by replacing "grantee." with the following: "grantee and any other entity controlled in whole or in part by the contractor, or an entity in which the contractor has a substantial beneficial interest, or an entity which contributes money, goods, or services to the contractor."; and on page 2, line 30 by inserting after "contractor" the following: "and any other entity controlled in whole or in part by the grantee, or an entity in which the grantee has a substantial beneficial interest, or an entity which contributes money, goods, or services to the grantee"; and on page 3, by replacing lines 8 through 18 with the following: "or a grantee which includes all of the following provisions: (i) not to use State funds, directly or indirectly, to promote, assist, or to deter union organizing or to otherwise seek to influence the decision of any of its employees to be represented or not represented by a labor organization; and (ii) not to require or prohibit the attendance of employees at any meeting related to union representation; and (iii) not to schedule or hold meetings related to union representation during an employee's work time or in work areas; and (iv) to allow a labor organization the same opportunity to communicate with employees as is used by the contractor or the grantee, including the right to have access to the premises of the contractor or grantee, post notices, distribute literature, and use the premises of the employer to hold meetings with employees. "State funds" means any money or other thing of value provided directly or indirectly by the State of Illinois, a State agency, or a political subdivision of the State of Illinois."; and on page 3, line 27 by replacing "contract" with the following: "reimbursement agreement, contract, or grant"; and on page 3, line 28 by inserting after "contractor" the following: "or a grantee"; and on page 3, line 31 by inserting after "contractor" the following: "or grantee"; and on page 4, by inserting after line 13 the following: "Section 20. Reporting. Any labor organization may file a complaint with the Department of Human Services if it believes that a contractor or grantee is expending funds in violation of this Act. Upon the filing of such a complaint, the Department of Human Services shall, within one week, notify the contractor or grantee that it must provide the following accounting: (a) the date, the amount of, and the nature of any use of money or other things of value for the production or distribution of literature or other similar communications, the holding of meetings, including meetings with supervisors and managerial employees, and the use of consultants or lawyers; (b) the source of the money or other things of value so used. The accounting shall be made to the Department of Human Services within 14 calendar days of the receipt of the request for it. The accounting shall be made available to the complainant upon receipt by the Department of Human Services."; and
HOUSE OF REPRESENTATIVES 4575 on page 4, line 14 by changing "20" to "25"; and on page 4, line 16 by inserting after "agreement" the following: "or fails to comply with the reporting requirements of Section 20". AMENDMENT NO. 3. Amend House Bill 1959, AS AMENDED, by replacing the title with the following: "AN ACT regarding certain contracts for the delivery of human services."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Human Services Delivery Neutrality Agreement Act. Section 5. Legislative findings and declaration of policy. (a) The purpose of this Act is to set forth a program to better provide human services to needy citizens of the State of Illinois. The State of Illinois enters into reimbursement agreements with, contracts with, and provides grants to private entities (contractors and grantees) for the purpose of providing residential and day treatment services to the mentally ill and developmentally disabled. The State of Illinois enters into these contracts and provides these grants to best provide the human services necessary for the care and development of its neediest citizens. (b) The General Assembly finds that the needs of its mentally ill and developmentally disabled citizens cannot be met if the services provided to them through reimbursement agreements, contracts, or grant agreements between the State of Illinois and contractors and grantees are subject to disruption. The General Assembly further finds that the likelihood of service disruption is enhanced when contention arises between contractors and grantees and labor organizations seeking to represent the employees of those entities. The General Assembly finds that contractors and grantees that seek to influence their employees with respect to the decision of those employees to be or not to be represented by a labor organization, that is contractors and grantees who fail to remain neutral during periods when labor organizations are seeking to become the representative of their employees, are most likely to be subject to strikes, work stoppages, or work disruptions by their employees. These strikes, work stoppages, or work disruptions have a detrimental effect on the services being provided to Illinois citizens who are mentally ill or developmentally disabled. (c) It is hereby declared to be the policy of the State of Illinois that, to prevent the disruption of residential and day treatment services to its mentally ill and developmentally disabled citizens, the State of Illinois shall require as a condition of any contract or grant that the contractor or grantee remain neutral, as set forth in this Act, when a labor organization seeks to become the representative of their employees with respect to the decision of those employees to be represented or not to be represented by the labor organization. Section 10. Definitions. As used in this Act: "Contractor or grantee" means an individual or entity other than the State of Illinois, a State agency, or a political subdivision of the State of Illinois, which has a reimbursement agreement or contractual or other relationship with or has received moneys from the State of Illinois or a State agency to provide residential or day treatment services to mentally ill or developmentally disabled persons, which reimbursement agreement, contract, or grant is funded in whole or in part by the State of Illinois, or through the Medicaid program of the State of Illinois. "Contractor" includes a subcontractor and a contractor of a grantee and any other entity controlled in whole or in part by the contractor, or an entity in which the contractor has a substantial beneficial interest.
4576 JOURNAL OF THE [May 14, 1999] "Grantee" includes a sub-grantee and a grantee of a contractor and any other entity controlled in whole or in part by the grantee, or an entity in which the grantee has a substantial beneficial interest. "Employee" means a person employed by a contractor or grantee other than a person employed in a bona fide supervisory or managerial position as defined by applicable law. "Labor organization" means an organization of any kind in which employees participate and which exists for the purpose, in whole or in part, of representing employees concerning grievances, labor disputes, wages, rates of pay, benefits, hours of employment, or working conditions. "Neutrality agreement" means an agreement by a contractor or a grantee which includes all of the following provisions: (i) not to use State funds to promote, assist, or deter union organizing or to otherwise seek to influence the decision of any of its employees to be represented or not represented by a labor organization; and (ii) not to require or prohibit the attendance of employees at any meeting related to union representation; and (iii) not to schedule or hold meetings related to union representation during an employee's work time or in work areas; and (iv) to allow a labor organization the same opportunity to communicate with employees as is used by the contractor or the grantee, including the right to have access to the premises of the contractor or grantee, post notices, distribute literature, and use the premises of the employer to hold meetings with employees. "State funds" means any money or other thing of value provided by the State of Illinois, a State agency, or a political subdivision of the State of Illinois. Section 15. Policy requirements. (a) All contractors and grantees shall be subject to and shall abide by a neutrality agreement. (b) No contractor or grantee shall receive a contract or grant to provide residential or day treatment services for the mentally ill or developmentally disabled citizens of the State of Illinois unless the contractor or grantee has agreed to a neutrality agreement. (c) Any reimbursement agreement, contract, or grant entered into by and between a contractor or a grantee and the State of Illinois or a State agency to provide residential or day treatment services to the mentally ill or developmentally disabled shall include a neutrality agreement and an agreement by the contractor or grantee to comply with the terms of the neutrality agreement. (d) Any grant agreement entered into by and between a grantee and the State of Illinois or a State agency to provide residential or day treatment services to the mentally ill or developmentally disabled shall include a neutrality agreement and an agreement by the grantee to comply with the terms of the neutrality agreement. (e) Any contractor or grantee entering into a contract with any person or entity to provide any of the services subject to the contract or grant agreement between the contractor or grantee and the State of Illinois or a State agency shall include in the contract or grant agreement a neutrality agreement identical to the neutrality agreement in the contract or grant agreement between the contractor or grantee and the State of Illinois or State agency. Section 20. Reporting. Any labor organization may file a complaint with the Department of Human Services if it believes that a contractor or grantee is expending funds in violation of this Act. Upon the filing of such a complaint, the Department of Human Services shall, within one week, notify the contractor or grantee that it must
HOUSE OF REPRESENTATIVES 4577 provide the following accounting: (a) the date, the amount of, and the nature of any use of money or other things of value for the production or distribution of literature or other similar communications, the holding of meetings, including meetings with supervisors and managerial employees, and the use of consultants or lawyers; (b) the source of the money or other things of value so used. The accounting shall be made to the Department of Human Services within 14 calendar days of the receipt of the request for it. The accounting shall be made available to the complainant upon receipt by the Department of Human Services. Section 25. Enforcement. (a) If a contractor or grantee breaches a neutrality agreement or fails to comply with the reporting requirements of Section 20, the State of Illinois may take any action necessary to enforce compliance, including but not limited to a civil action for injunctive relief, declaratory relief, specific performance, or damages or a combination of those remedies. (b) If the State of Illinois brings an enforcement action for violation of this Act, any person or labor organization 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 declines to institute an action for enforcement for violation of this Act, any person or labor organization with a direct interest in compliance with this Act may institute and enforce a civil action on his or her or its own behalf against the contractor or grantee and seek injunctive relief, declaratory relief, specific performance, or damages or a combination of those remedies. (d) Remedies for violation of this Act include but are not limited to injunctive and declaratory relief, specific performance, and monetary damages. In view of the difficulty of determining actual damages incurred because of a violation of this Act, liquidated damages shall be awarded at the rate of $1,000 for each violation plus an additional $500 for each day the violation continues without remedy. Damages shall be distributed equally between the State of Illinois and the private plaintiffs, if any. 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 upon becoming law.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 3 to HOUSE BILL 1959 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 2081 A bill for AN ACT to amend the Cemetery Care Act by changing Section 15. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am
4578 JOURNAL OF THE [May 14, 1999] instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2081. Senate Amendment No. 2 to HOUSE BILL NO. 2081. Passed the Senate, as amended, May 13, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2081 by replacing the title with the following: "AN ACT concerning funeral and cemetery services, amending named Acts."; and on page 1, after line 4, by inserting the following: "Section 2. The Illinois Funeral or Burial Funds Act is amended by changing Section 1 as follows: (225 ILCS 45/1) (from Ch. 111 1/2, par. 73.101) Sec. 1. Payment under pre-need contract. Except as otherwise provided in this Section, all sales proceeds paid to any person, partnership, association or corporation with respect to merchandise or services covered by this Act, upon any agreement or contract, or any series or combination of agreements or contracts, which has for a purpose the furnishing or performance of funeral services, or the furnishing or delivery of any personal property, merchandise, or services of any nature in connection with the final disposition of a dead human body, including, but not limited to, outer burial containers, urns, combination casket-vault units, caskets and clothing, for future use at a time determinable by the death of the person or persons whose body or bodies are to be so disposed of, shall be held to be trust funds, and shall be placed in trust in accordance with Sections 1b and 2, or shall be used to purchase life insurance or annuities in accordance with Section 2a. The person, partnership, association or corporation receiving said payments under a pre-need contract is hereby declared to be a trustee thereof until deposits of funds are made in accordance with Section 1b or 2a of this Act. Persons holding less than $500,000 in trust funds may continue to act as the trustee after the funds are deposited in accordance with subsection (d) of Section 1b. Nothing in this Act shall be construed to prohibit the inclusion of outer burial containers in sales contracts under the Illinois Pre-Need Cemetery Sales Act. (Source: P.A. 88-477.)"; and by replacing lines 27 and 28 with the following: "Section 10. The Illinois Pre-Need Cemetery Sales Act is amended by changing Sections 4, 14, 15, and 20 as follows: (815 ILCS 390/4) (from Ch. 21, par. 204) Sec. 4. Definitions. As used in this Act, the following terms shall have the meaning specified: (a) "Pre-need sales contract" or "Pre-need sales" means any agreement or contract or series or combination of agreements or contracts which have for a purpose the sale of cemetery merchandise, cemetery services or undeveloped interment, entombment or inurnment spaces where the terms of such sale require payment or payments to be made at a currently determinable time and where the merchandise, services or completed spaces are to be provided more than 120 days following the initial payment on the account. (b) "Delivery" occurs when: (1) physical possession of the merchandise is transferred
HOUSE OF REPRESENTATIVES 4579 or the easement for burial rights in a completed space is executed, delivered and transferred to the buyer; or (2) title to the merchandise has been transferred to the buyer and the merchandise has been paid for and is in the possession of the seller who has placed it, until needed, at the site of its ultimate use; or (3) (A) A. the merchandise has been permanently identified with the name of the buyer or the beneficiary and delivered to a licensed and bonded warehouse and both title to the merchandise and a warehouse receipt have been delivered to the purchaser or beneficiary; except that in the case of outer burial containers, the use of a licensed and bonded warehouse as set forth in this paragraph shall not constitute delivery for purposes of this Act. Nothing herein shall prevent a seller from perfecting a security interest in accordance with the Uniform Commercial Code on any merchandise covered under this Act. (B) B. All warehouse facilities to which sellers deliver merchandise pursuant to this Act shall: (i) be either located in the State of Illinois or qualify as a foreign warehouse facility as defined herein; (ii) submit to the Comptroller not less than annually, by March 1 of each year, a report of all cemetery merchandise stored by each licensee under this Act which is in storage on the date of the report; (iii) permit the Comptroller or his designee at any time to examine stored merchandise and to examine any documents pertaining thereto; (iv) submit evidence satisfactory to the Comptroller that all merchandise stored by said warehouse for licensees under this Act is insured for casualty or other loss normally assumed by a bailee for hire; (v) demonstrate to the Comptroller that the warehouse has procured and is maintaining a performance bond in the form, content and amount sufficient to unconditionally guarantee to the purchaser or beneficiary the prompt shipment of the cemetery merchandise. (C) C. "Cemetery merchandise" means items of personal property normally sold by a cemetery authority not covered under the Illinois Funeral or Burial Funds Act "An Act concerning agreements for furnishing or delivery of personal property, merchandise or services in connection with the final disposition of dead human bodies and regulating use or disposition of funds paid on said agreements and providing penalties for violation thereof", approved July 14, 1955, as amended, including but not limited to: (1) memorials, (2) markers, (3) monuments, and (4) foundations, and. (5) outer burial containers. (D) D. "Undeveloped interment, entombment or inurnment interment spaces" or "undeveloped spaces" means any space to be used for the reception of human remains that is not completely and totally constructed at the time of initial payment therefor therefore in a: (1) lawn crypt, (2) mausoleum, (3) garden crypt, (4) columbarium, or (5) cemetery section. (E) E. "Cemetery services" means those services customarily
4580 JOURNAL OF THE [May 14, 1999] performed by a cemetery or crematory personnel in connection with the interment, entombment, inurnment or cremation of a dead human body. (F) F. "Cemetery section" means a grouping of spaces intended to be developed simultaneously for the purpose of interring human remains. (G) G. "Columbarium" means an arrangement of niches that may be an entire building, a complete room, a series of special indoor alcoves, a bank along a corridor or part of an outdoor garden setting that is constructed of permanent material such as bronze, marble, brick, stone or concrete for the inurnment of human remains. (H) H. "Lawn crypt" means a permanent underground crypt usually constructed of reinforced concrete or similar material installed in multiple units for the interment of human remains. (I) I. "Mausoleum" or "garden crypt" means a grouping of spaces constructed of reinforced concrete or similar material constructed or assembled above the ground for entombing human remains. (J) J. "Memorials, markers and monuments" means the object usually comprised of a permanent material such as granite or bronze used to identify and memorialize the deceased. (K) K. "Foundations" means those items used to affix or support a memorial or monument to the ground in connection with the installation of a memorial, marker or monument. (L) L. "Person" means an individual, corporation, partnership, joint venture, business trust, voluntary organization or any other form of entity. (M) M. "Seller" means any person selling or offering for sale cemetery merchandise, cemetery services or undeveloped spaces on a pre-need basis. (N) N. "Religious cemetery" means mean a cemetery owned, operated, controlled or managed by any recognized church, religious society, association or denomination or by any cemetery authority or any corporation administering, or through which is administered, the temporalities of any recognized church, religious society, association or denomination. (O) O. "Municipal cemetery" means a cemetery owned, operated, controlled or managed by any city, village, incorporated town, township, county or other municipal corporation, political subdivision, or instrumentality thereof authorized by law to own, operate or manage a cemetery. (O-1) "Outer burial container" means a container made of concrete, steel, wood, fiberglass, or similar material, used solely at the interment site, and designed and used exclusively to surround or enclose a separate casket and to support the earth above such casket, commonly known as a burial vault, grave box, or grave liner, but not including a lawn crypt. (P) P. "Sales price" means the gross amount paid by a purchaser on a pre-need sales contract for cemetery merchandise, cemetery services or undeveloped interment, entombment or inurnment spaces, excluding sales taxes, credit life insurance premiums, finance charges and "Cemetery Care Act" contributions. (Q) Q. "Foreign warehouse facility" means a warehouse facility now or hereafter located in any state or territory of the United States, including the District of Columbia, other than the State of Illinois. A foreign warehouse facility shall be deemed to have appointed the Comptroller to be its true and lawful attorney upon whom may be served all legal process in any action or proceeding against it relating to or growing out of this Act, and the
HOUSE OF REPRESENTATIVES 4581 acceptance of the delivery of stored merchandise under this Act shall be signification of its agreement that any such process against it which is so served, shall be of the same legal force and validity as though served upon it personally. Service of such process shall be made by delivering to and leaving with the Comptroller, or any agent having charge of the Comptroller's Department of Cemetery and Burial Trusts, a copy of such process and such service shall be sufficient service upon such foreign warehouse facility if notice of such service and a copy of the process are, within 10 days thereafter, sent by registered mail by the plaintiff to the foreign warehouse facility at its principal office and the plaintiff's affidavit of compliance herewith is appended to the summons. The Comptroller shall keep a record of all process served upon him under this Section and shall record therein the time of such service. (Source: P.A. 85-1209; revised 10-31-98.) (815 ILCS 390/14) (from Ch. 21, par. 214) Sec. 14. A written sales contract shall be executed in duplicate for each pre-need sale made by a licensee, and a signed copy given to the purchaser. Each completed contract shall be numbered and shall contain the name of the purchaser and the seller, the name of the person, if known, who is to receive the cemetery merchandise, cemetery services or the completed interment, entombment or inurnment spaces under the contract and specifically identify such merchandise, services or spaces. In addition, such contracts must contain a provision in distinguishing typeface substantially as follow: "Notwithstanding anything in this contract to the contrary, you are afforded certain specific rights of cancellation and refund under Sections 18 and 19 of the Illinois Pre-Need Cemetery Sales Act, enacted by the 84th General Assembly of the State of Illinois". All pre-need sales contracts shall be sold on a guaranteed price basis. At the time of performance of the service or delivery of the merchandise, the seller shall be prohibited from assessing the purchaser or his heirs or assigns or duly authorized representative any additional charges for the specific merchandise and services listed on the pre-need sales contract. All pre-need sales contracts must be in writing and no pre-need contract form shall be used without prior filing with the Comptroller. The Comptroller shall review all pre-need sales contract forms and shall prohibit the use of contract forms that do not meet the requirements of this Act upon written notification to the seller. Any use or attempted use of any oral pre-need sales contract or any written pre-need sales contract in a form not filed with the Comptroller or in a form that does not meet the requirements of this Act shall be deemed a violation of this Act. (Source: P.A. 85-805.) (815 ILCS 390/15) (from Ch. 21, par. 215) Sec. 15. (a) Whenever a seller receives anything of value under a pre-need sales contract, the person receiving such value shall deposit 50% of all proceeds received into one or more trust funds maintained pursuant to this Section, except that, in the case of proceeds received for the purchase of outer burial containers, 85% of the proceeds shall be deposited into one or more trust funds. Such deposits shall be made until the amount deposited in trust equals 50% of the sales price of the cemetery merchandise, cemetery services and undeveloped spaces included in such contract, except that, in the case of deposits for outer burial containers, deposits shall be made until the amount deposited in trust equals 85% of the sales price. In the event an installment contract is factored, discounted or sold to a third party, the seller shall deposit an amount equal to 50% of the sales price of the installment contract, except that, for the portion
4582 JOURNAL OF THE [May 14, 1999] of the contract attributable to the sale of outer burial containers, the seller shall deposit an amount equal to 85% of the sales price. Proceeds required to be deposited in trust which are attributable to cemetery merchandise and cemetery services shall be held in a "Cemetery Merchandise Trust Fund". Proceeds required to be deposited in trust which are attributable to the sale of undeveloped interment, entombment or inurnment spaces shall be held in a "Pre-construction Trust Fund". If merchandise is delivered for storage in a bonded warehouse, as authorized herein, and payment of transportation or other charges totaling more than $20 will be required in order to secure delivery to the site of ultimate use, upon such delivery to the warehouse the seller shall deposit to the trust fund the full amount of the actual or estimated transportation charge. Transportation charges which have been prepaid by the seller shall not be deposited to trust funds maintained pursuant to this Section. As used in this Section, "all proceeds" means the entire amount paid by a purchaser in connection with a pre-need sales contract, including finance charges and Cemetery Care Act contributions, but excluding sales taxes and credit life insurance premiums. (b) All trust deposits required by this Act shall be made within 30 days following the end of the month of receipt. (c) A trust established under this Act must be maintained: (1) in a trust account established in a bank, savings and loan association or credit union authorized to do business in Illinois where such accounts are insured by an agency of the federal government; (2) in a trust company authorized to do business in Illinois; or (3) in an investment company authorized to do business in Illinois insured by the Securities Brokers Insurance Corporation. (d) Funds deposited in the trust account shall be identified in the records of the seller by the name of the purchaser. Nothing shall prevent the trustee from commingling the deposits in any such trust fund for purposes of the management thereof and the investment of funds therein as provided in the "Common Trust Fund Act", approved June 24, 1949, as amended. In addition, multiple trust funds maintained pursuant to this Act may be commingled or commingled with other funeral or burial related trust funds, provided that all record keeping requirements imposed by or pursuant to law are met. (e) In lieu of a pre-construction trust fund, a seller of undeveloped interment, entombment or inurnment spaces may obtain and file with the Comptroller a performance bond in an amount at least equal to 50% of the sales price of the undeveloped spaces or the estimated cost of completing construction, whichever is greater. The bond shall be conditioned on the satisfactory construction and completion of the undeveloped spaces as required in Section 19 of this Act. Each bond obtained under this Section shall have as surety thereon a corporate surety company incorporated under the laws of the United States, or a State, the District of Columbia or a territory or possession of the United States. Each such corporate surety company must be authorized to provide performance bonds as required by this Section, have paid-up capital of at least $250,000 in cash or its equivalent and be able to carry out its contracts. Each pre-need seller must provide to the Comptroller, for each corporate surety company such seller utilizes, a statement of assets and liabilities of the corporate surety company sworn to by the president and secretary of the corporation by January 1 of each year. The Comptroller shall prohibit pre-need sellers from doing new business with a corporate surety company if the company is insolvent or is in violation of this Section. In addition the Comptroller may direct a pre-need seller to reinstate a pre-construction trust fund
HOUSE OF REPRESENTATIVES 4583 upon the Comptroller's determination that the corporate surety company no longer is sufficient security. All performance bonds issued pursuant to this Section must be irrevocable during the statutory term for completing construction specified in Section 19 of this Act, unless terminated sooner by the completion of construction. (f) Whenever any pre-need contract shall be entered into and include 1) items of cemetery merchandise and cemetery services, and 2) rights to interment, inurnment or entombment in completed spaces without allocation of the gross sale price among the items sold, the application of payments received under the contract shall be allocated, first to the right to interment, inurnment or entombment, second to items of cemetery merchandise and cemetery services, unless some other allocation is clearly provided in the contract. (g) Any person engaging in pre-need sales who enters into a combination sale which involves the sale of items covered by a trust or performance bond requirement and any item not covered by any entrustment or bond requirement, shall be prohibited from increasing the gross sales price of those items not requiring entrustment with the purpose of allocating a lesser gross sales price to items which require a trust deposit or a performance bond. (Source: P.A. 85-1209.) (815 ILCS 390/20) (from Ch. 21, par. 220) Sec. 20. (a) Each licensee must keep accurate accounts, books and records in this State of all transactions, copies of agreements, dates and amounts of payments made or received, the names and addresses of the contracting parties, the names and addresses of persons for whose benefit funds are received, if known, and the names of the trust depositories. (b) Each licensee must maintain such records for a period of 3 years after the licensee shall have fulfilled his obligation under the pre-need contract or 3 years after any stored merchandise shall have been provided to the purchaser or beneficiary, whichever is later. (c) Each licensee shall submit reports to the Comptroller annually, under oath, on forms furnished by the Comptroller. The annual report shall contain, but shall not be limited to, the following: (1) An accounting of the principal deposit and additions of principal during the fiscal year. (2) An accounting of any withdrawal of principal or earnings. (3) An accounting at the end of each fiscal year, of the total amount of principal and earnings held. (d) The annual report shall be filed by the licensee with the Comptroller within 75 days after the end of the licensee's fiscal year. An extension of up to 60 days may be granted by the Comptroller, upon a showing of need by the licensee. Any other reports shall be in the form furnished or specified by the Comptroller. If a licensee fails to submit an annual report to the Comptroller within the time specified in this Section, the Comptroller shall impose upon the licensee a penalty of $5 for each and every day the licensee remains delinquent in submitting the annual report. Each report shall be accompanied by a check or money order in the amount of $10 payable to: Comptroller, State of Illinois. (e) On and after the effective date of this amendatory Act, a licensee may report all required information concerning the sale of outer burial containers on the licensee's annual report required to be filed under this Act and shall not be required to report that information under the Illinois Funeral or Burial Funds Act.
4584 JOURNAL OF THE [May 14, 1999] (Source: P.A. 88-477.) Section 99. Effective date. This Act takes effect upon becoming law, except that the changes to the Illinois Funeral or Burial Funds Act and the Illinois Pre-Need Cemetery Sales Act take effect on January 1, 2000.". AMENDMENT NO. 2. Amend House Bill 2081, AS AMENDED, as follows: in the introductory clause of Section 2, by replacing "changing Section 1" with "changing Sections 1 and 4a and adding Section 4b"; and in Section 2, after the last line of Sec. 1, by inserting the following: "(225 ILCS 45/4a) Sec. 4a. Investment of funds. (a) A trustee shall, with respect to the investment of trust funds, exercise the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. (b) The trust shall be a single-purpose trust fund. In the event of the seller's bankruptcy, insolvency or assignment for the benefit of creditors, or an adverse judgment, the trust funds shall not be available to any creditor as assets of the seller or to pay any expenses of any bankruptcy or similar proceeding, but shall be distributed to the purchasers or managed for their benefit by the trustee holding the funds. Except in an action by the Comptroller to revoke a license issued pursuant to this Act and for creation of a receivership as provided in this Act, the trust shall not be subject to judgment, execution, garnishment, attachment, or other seizure by process in bankruptcy or otherwise, nor to sale, pledge, mortgage, or other alienation, and shall not be assignable except as approved by the Comptroller. The changes made by this amendatory Act of the 91st General Assembly are intended to clarify existing law regarding the inability of licensees to pledge the trust. (c) Because it is not known at the time of deposit or at the time that income is earned on the trust account to whom the principal and the accumulated earnings will be distributed for the purpose of determining the Illinois income tax due on these trust funds, the principal and any accrued earnings or losses related to each individual account shall be held in suspense until the final determination is made as to whom the account shall be paid. The beneficiary's estate shall not be responsible for any funeral and burial purchases listed in a pre-need contract if the pre-need contract is entered into on a guaranteed price basis. If a pre-need contract is not a guaranteed price contract, then to the extent the proceeds of a non-guaranteed price pre-need contract cover the funeral and burial expenses for the beneficiary, no claim may be made against the estate of the beneficiary. A claim may be made against the beneficiary's estate if the charges for the funeral services and merchandise at the time of use exceed the amount of the amount in trust plus the percentage of the sale proceeds initially retained by the seller or the face value of the life insurance policy or tax-deferred annuity. (d) Trust funds shall not be invested by the trustee in life insurance policies or tax-deferred annuities unless the following requirements are met: (1) The company issuing the life insurance policies or tax-deferred annuities is licensed by the Illinois Department of Insurance and the insurance producer or annuity seller is
HOUSE OF REPRESENTATIVES 4585 licensed to do business in the State of Illinois; (2) Prior to the investment, the purchaser approves, in writing, the investment in life insurance policies or tax-deferred annuities; (3) Prior to the investment, the purchaser is notified by the seller in writing about the disclosures required for all pre-need contracts under Section 1a-1 of this Act, and the purchase of life insurance or a tax-deferred annuity is subject to the requirements of Section 2a of this Act; (4) Prior to the investment, the trustee informs the Comptroller that trust funds shall be removed from the trust account to purchase life insurance or a tax-deferred annuity upon the written consent of the purchaser; (5) The purchaser retains the right to refund provided for in this Act, unless the pre-need contract is sold on an irrevocable basis as provided in Section 4 of this Act; and (6) Notice must be given in writing that the cash surrender value of a life insurance policy may be less than the amount provided for by the refund provisions of the trust account. (Source: P.A. 88-477.) (225 ILCS 45/4b new) Sec. 4b. Licensee bankruptcy. In the event of a licensee's bankruptcy, insolvency, or assignment for the benefit of creditors, or in the event of the bankruptcy, insolvency, or assignment for the benefit of creditors of any person, partnership, association, corporation, or other entity that possesses a controlling interest in a licensee, the licensee shall provide notice in writing of that event to each purchaser of a pre-need sales contract or a pre-need contract within 30 days after the event of bankruptcy, insolvency, or assignment for the benefit of creditors. At a minimum, the notice must contain the following: (1) The name and address of the licensee. (2) If different from the licensee, the name and address of the party that is the subject of the bankruptcy, insolvency, or assignment for the benefit of creditors. (3) A brief description of the event of bankruptcy, insolvency, or assignment for the benefit of creditors. (4) The case name or other identifying title of any matter pending in any court, federal or State, pertaining to the bankruptcy, insolvency, or assignment for the benefit of creditors. (5) The name and address of the court in which the bankruptcy, insolvency, or assignment for the benefit of creditors is pending. (6) A description of any action the purchaser must undertake to file a claim or to protect the purchaser's interests, including the purchaser's right to a refund under this Act."; and by replacing the introductory clause of Section 5 with the following: "Section 5. The Cemetery Care Act is amended by changing Sections 4 and 15 as follows: (760 ILCS 100/4) (from Ch. 21, par. 64.4) Sec. 4. Care funds; deposits; investments. Whenever a cemetery authority owning, operating, controlling or managing a privately operated cemetery accepts care funds, either in connection with the sale or giving away at an imputed value of an interment right, entombment right or inurnment right, or in pursuance of a contract, or whenever, as a condition precedent to the purchase or acceptance of an interment right, entombment right or inurnment right, such cemetery authority requires the establishment of a care fund or a deposit in an already existing care fund, then such cemetery
4586 JOURNAL OF THE [May 14, 1999] authority shall execute and deliver to the person from whom received an instrument in writing which shall specifically state: (a) the nature and extent of the care to be furnished, and (b) that such care shall be furnished only in so far as the net income derived from the amount deposited in trust will permit (the income from the amount so deposited, less necessary expenditures of administering the trust, shall be deemed the net income), and (c) that not less than the following amounts will be set aside and deposited in trust: 1. For interment rights, $1 per square foot of the space sold or 15% of the sales price or imputed value, whichever is the greater, with a minimum of $25 for each individual interment right. 2. For entombment rights, not less than 10% of the sales price or imputed value with a minimum of $25 for each individual entombment right. 3. For inurnment rights, not less than 10% of the sales price or imputed value with a minimum of $15 for each individual inurnment right. 4. For any transfer of interment rights, entombment rights, or inurnment rights recorded in the records of the cemetery authority, excepting only transfers between members of the immediate family of the transferor, a minimum of $25 for each such right transferred. For the purposes of this paragraph "immediate family of the transferor" means the spouse, parents, grandparents, children, grandchildren, and siblings of the transferor. 5. Upon an interment, entombment, or inurnment in a grave, crypt, or niche in which rights of interment, entombment, or inurnment were originally acquired from a cemetery authority prior to January 1, 1948, a minimum of $25 for each such right exercised. 6. For the special care of any lot, grave, crypt, or niche or of a family mausoleum, memorial, marker, or monument, the full amount received. Such setting aside and deposit shall be made by such cemetery authority not later than 30 days after the close of the month in which the cemetery authority gave away for an imputed value or received the final payment on the purchase price of interment rights, entombment rights, or inurnment rights, or received the final payment for the general or special care of a lot, grave, crypt or niche or of a family mausoleum, memorial, marker or monument; and such amounts shall be held by the trustee of the care funds of such cemetery authority in trust in perpetuity for the specific purposes stated in said written instrument. For all care funds received by a cemetery authority, except for care funds received by a cemetery authority pursuant to a specific gift, grant, contribution, payment, legacy, or contract that are subject to investment restrictions more restrictive than the investment provisions set forth in this Act, and except for care funds otherwise subject to a trust agreement executed by a person or persons responsible for transferring the specific gift, grant, contribution, payment, or legacy to the cemetery authority that contains investment restrictions more restrictive than the investment provisions set forth in this Act, the cemetery authority may, without the necessity of having to obtain prior approval from any court in this State, designate a new trustee in accordance with this Act and invest the care funds in accordance with this Section, notwithstanding any contrary limitation contained in the trust agreement. Any such cemetery authority engaged in selling or giving away at an imputed value interment rights, entombment rights or inurnment rights, in conjunction with the selling or giving away at an imputed
HOUSE OF REPRESENTATIVES 4587 value any other merchandise or services not covered by this Act, shall be prohibited from increasing the sales price or imputed value of those items not requiring a care fund deposit under this Act with the purpose of allocating a lesser sales price or imputed value to items that require a care fund deposit. In the event any sale that would require a deposit to such cemetery authority's care fund is made by a cemetery authority on an installment basis, and the installment contract is factored, discounted, or sold to a third party, the cemetery authority shall deposit the amount due to the care fund within 30 days after the close of the month in which the installment contract was factored, discounted, or sold. If, subsequent to such deposit, the purchaser defaults on the contract such that no care fund deposit on that contract would have been required, the cemetery authority may apply the amount deposited as a credit against future required deposits. The trust authorized by this Section shall be a single purpose trust fund. In the event of the seller's bankruptcy, insolvency, or assignment for the benefit of creditors, or an adverse judgment, the trust funds shall not be available to any creditor as assets of the cemetery authority or to pay any expenses of any bankruptcy or similar proceeding, but shall be retained intact to provide for the future maintenance of the cemetery. Except in an action by the Comptroller to revoke a license issued pursuant to this Act and for creation of a receivership as provided in this Act, the trust shall not be subject to judgment, execution, garnishment, attachment, or other seizure by process in bankruptcy or otherwise, nor to sale, pledge, mortgage, or other alienation, and shall not be assignable except as approved by the Comptroller. The changes made by this amendatory Act of the 91st General Assembly are intended to clarify existing law regarding the inability of licensees to pledge the trust. (Source: P.A. 88-477; 89-615, eff. 8-9-96.)"; and in the introductory clause of Section 10, by replacing "and 20" with "16, and 20 and adding Section 16.5"; and in Section 10, by replacing all of Sec. 14 with the following: "(815 ILCS 390/14) (from Ch. 21, par. 214) Sec. 14. Contract required. (a) It is unlawful for any seller doing business within this State to accept sales proceeds, either directly or indirectly by any means, unless the seller enters into a pre-need sales contract with the purchaser which meets the following requirements: (1) A written sales contract shall be executed in duplicate for each pre-need sale made by a licensee, and a signed copy given to the purchaser. Each completed contract shall be numbered and shall contain the name and address of the purchaser and the seller, the name of the person, if known, who is to receive the cemetery merchandise, cemetery services or the completed interment, entombment or inurnment spaces under the contract and specifically identify such merchandise, services or spaces. (2) In addition, such contracts must contain a provision in distinguishing typeface substantially as follows follow: "Notwithstanding anything in this contract to the contrary, you are afforded certain specific rights of cancellation and refund under Sections 18 and 19 of the Illinois Pre-Need Cemetery Sales Act, enacted by the 84th General Assembly of the State of Illinois". (3) All pre-need sales contracts shall be sold on a guaranteed price basis. At the time of performance of the service or delivery of the merchandise, the seller shall be prohibited from assessing the purchaser or his heirs or assigns or duly authorized representative any additional charges for the specific
4588 JOURNAL OF THE [May 14, 1999] merchandise and services listed on the pre-need sales contract. Each contract shall clearly disclose that the price of the merchandise or services is guaranteed and shall contain the following statement in 12 point bold type: "THIS CONTRACT GUARANTEES THE BENEFICIARY THE SPECIFIC GOODS AND SERVICES CONTRACTED FOR. NO ADDITIONAL CHARGES MAY BE REQUIRED. FOR DESIGNATED GOODS AND SERVICES, ADDITIONAL CHARGES MAY BE INCURRED FOR UNEXPECTED EXPENSES." (b) Every pre-need sales contract must be in writing, and no pre-need sales contract form may be used unless it has previously been filed with the Comptroller. The Comptroller shall review all pre-need sales contract forms and, upon written notification to the seller, shall prohibit the use of contract forms that do not meet the requirements of this Act. Any use or attempted use of any oral pre-need sales contract or any written pre-need sales contract in a form not filed with the Comptroller or in a form that does not meet the requirements of this Act shall be deemed a violation of this Act. The Comptroller may by rule develop a model pre-need sales contract form that meets the requirements of this Act. (c) To the extent the Rule is applicable, every pre-need sales contract is subject to the Federal Trade Commission Rule concerning the Cooling-Off Period for Door-to-Door Sales (16 CFR Part 429). (Source: P.A. 85-805.)"; and in Section 10, after the last line of Sec. 15, buy inserting the following: "(815 ILCS 390/16) (from Ch. 21, par. 216) Sec. 16. Trust funds; disbursements. (a) A trustee shall make no disbursements from the trust fund except as provided in this Act. (b) A trustee shall, with respect to the investment of such trust funds, exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. The seller shall act as trustee of all amounts received for cemetery merchandise, services, or undeveloped spaces until those amounts have been deposited into the trust fund. The seller may continue to be the trustee of up to $500,000 that has been deposited into the trust fund, but the seller must retain an independent trustee for any amount of trust funds in excess of $500,000. A seller holding trust funds in excess of $500,000 on the effective date of this amendatory Act of 1996 shall have 36 months to retain an independent trustee for the amounts over $500,000; any other seller must retain an independent trustee for its trust funds in excess of $500,000 as soon as may be practical. The Comptroller shall have the right to disqualify the trustee upon the same grounds as for refusing to grant or revoking a license hereunder. Upon notice to the Comptroller, the seller may change the trustee of the trust fund. (c) The trustee may rely upon certifications and affidavits made to it under the provisions of this Act, and shall not be liable to any person for such reliance. (d) A trustee shall be allowed to withdraw from the trust funds maintained pursuant to this Act, payable solely from the income earned on such trust funds, a reasonable fee for all usual and customary services for the operation of the trust fund, including, but not limited to trustee fees, investment advisor fees, allocation fees, annual audit fees and other similar fees. The maximum amount allowed to be withdrawn for these fees each year shall be the lesser of 3% of the balance of the trust calculated on an annual basis or
HOUSE OF REPRESENTATIVES 4589 the amount of annual income generated therefrom. (e) The trust shall be a single-purpose trust fund. In the event of the seller's bankruptcy, insolvency or assignment for the benefit of creditors, or an adverse judgment, the trust funds shall not be available to any creditor as assets of the seller or to pay any expenses of any bankruptcy or similar proceeding, but shall be distributed to the purchasers or managed for their benefit by the trustee holding the funds. Except in an action by the Comptroller to revoke a license issued pursuant to this Act and for creation of a receivership as provided in this Act, the trust shall not be subject to judgment, execution, garnishment, attachment, or other seizure by process in bankruptcy or otherwise, nor to sale, pledge, mortgage, or other alienation, and shall not be assignable except as approved by the Comptroller. The changes made by this amendatory Act of the 91st General Assembly are intended to clarify existing law regarding the inability of licensees to pledge the trust. (f) Because it is not known at the time of deposit or at the time that income is earned on the trust account to whom the principal and the accumulated earnings will be distributed, for purposes of determining the Illinois Income Tax due on these trust funds, the principal and any accrued earnings or losses relating to each individual account shall be held in suspense until the final determination is made as to whom the account shall be paid. (Source: P.A. 88-477; 89-615, eff. 8-9-96.) (815 ILCS 390/16.5 new) Sec. 16.5. Licensee bankruptcy. In the event of a licensee's bankruptcy, insolvency, or assignment for the benefit of creditors, or in the event of the bankruptcy, insolvency, or assignment for the benefit of creditors of any person, partnership, association, corporation, or other entity that possesses a controlling interest in a licensee, the licensee shall provide notice in writing of that event to each purchaser of a pre-need sales contract or a pre-need contract within 30 days after the event of bankruptcy, insolvency, or assignment for the benefit of creditors. At a minimum, the notice must contain the following: (1) The name and address of the licensee. (2) If different from the licensee, the name and address of the party that is the subject of the bankruptcy, insolvency, or assignment for the benefit of creditors. (3) A brief description of the event of bankruptcy, insolvency, or assignment for the benefit of creditors. (4) The case name or other identifying title of any matter pending in any court, federal or State, pertaining to the bankruptcy, insolvency, or assignment for the benefit of creditors. (5) The name and address of the court in which the bankruptcy, insolvency, or assignment for the benefit of creditors is pending. (6) A description of any action the purchaser must undertake to file a claim or to protect the purchaser's interests, including the purchaser's right to a refund under this Act."; and in Section 10, Sec. 20, by replacing all of subsection (e) with the following: "(e) On and after the effective date of this amendatory Act of the 91st General Assembly, a licensee may report all required information concerning the sale of outer burial containers on the licensee's annual report required to be filed under this Act and shall not be required to report that information under the Illinois Funeral or Burial Funds Act, as long as the information is reported under this Act."; and
4590 JOURNAL OF THE [May 14, 1999] by replacing all of Section 99 with the following: "Section 99. Effective date. This Act takes effect upon becoming law, except that the changes to Section 1 of the Funeral or Burial Funds Act and the changes to Sections 4, 14, 15, and 20 of the Pre-Need Cemetery Sales Act take effect on January 1, 2000.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 2081 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 2088 A bill for AN ACT to establish the Illinois Century Network. 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. 2088. Passed the Senate, as amended, May 13, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2088 as follows: on page 1, by replacing lines 13 through 15 with the following: "high-speed, reliable, and cost-effective digital connections throughout the State."; and on page 1, line 19, by replacing "students" with "citizens"; and on page 1, by replacing lines 20 through 25 with the following: "Section 10. Illinois Century Network. The Illinois Century Network shall be a"; and on page 1, line 27, by deleting "and unhindered"; and on page 1, line 28, by replacing "and libraries" with "libraries, museums, research institutions, State agencies, units of local government, and other local entities that provide services to Illinois citizens"; and on page 1, line 30, by replacing "technology" with "networking schools, colleges, and universities"; and on page 1, line 30, by replacing "and have" with "maintain"; and on page 2, by replacing lines 1 through 6 with the following: "sufficient capacity to meet the requirements of the participating institutions, and stay current with rapid developments in technology. The Illinois Century"; and on page 2, by replacing lines 8 through 11 with the following: "access to education, training, and electronic information and shall provide access to networking technologies for"; and on page 2, immediately below line 13, by inserting the following: "Section 15. Management of the Illinois Century Network. Staffing and contractual services necessary to support the network's activities shall be provided by the Board of Higher Education, the
HOUSE OF REPRESENTATIVES 4591 Illinois Community College Board, the State Board of Education, and other agencies as necessary or warranted, using funds appropriated to these agencies for this purpose. Section 20. Illinois Century Network Policy Committee. The Illinois Century Network Policy Committee shall set general policies for the network. The Committee shall consist of representatives from (i) the Office of the Governor, appointed by the Governor, (ii) the Board of Higher Education, appointed by the Board of Higher Education, (iii) the Illinois Community College Board, appointed by the Illinois Community College Board, (iv) the State Board of Education, appointed by the State Board of Education, and (v) other public and private partners as are necessary, appointed by the Governor.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2088 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 2166 A bill for AN ACT to amend the Comprehensive Health Insurance Plan Act by changing Section 8. 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. 2166. Senate Amendment No. 2 to HOUSE BILL NO. 2166. Passed the Senate, as amended, May 13, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2166 on page 2, line 11, by replacing "immunizations" with "immunizations ordered by a physician licensed to practice medicine in all its branches"; and on page 2, line 13, by replacing "physician's prescription" with "physician's prescription by a physician licensed to practice medicine in all its branches". AMENDMENT NO. 2. Amend House Bill 2166 on page 1, lines 2 and 6, by changing "Section 8" each time it appears to "Sections 7 and 8"; and on page 1 by inserting immediately below line 6 the following: "(215 ILCS 105/7) (from Ch. 73, par. 1307) Sec. 7. Eligibility. a. Except as provided in subsection (e) of this Section or in Section 15 of this Act, any individual person who is either a citizen of the United States or an alien lawfully admitted for permanent
4592 JOURNAL OF THE [May 14, 1999] residence and continues to be a resident of this State shall be eligible for Plan coverage if evidence is provided of: (1) A notice of rejection or refusal to issue substantially similar individual health insurance coverage for health reasons by a health insurance issuer; or (2) A refusal by a health insurance issuer to issue individual health insurance coverage except at a rate exceeding the applicable Plan rate for which the person is responsible. A rejection or refusal by a group health plan or health insurance issuer offering only stop-loss or excess of loss insurance or contracts, agreements, or other arrangements for reinsurance coverage with respect to the applicant shall not be sufficient evidence under this subsection. b. The board shall promulgate a list of medical or health conditions for which a person who is either a citizen of the United States or an alien lawfully admitted for permanent residence and a resident of this State would be eligible for Plan coverage without applying for health insurance coverage pursuant to subsection a. of this Section. Persons who can demonstrate the existence or history of any medical or health conditions on the list promulgated by the board shall not be required to provide the evidence specified in subsection a. of this Section. The list shall be effective on the first day of the operation of the Plan and may be amended from time to time as appropriate. c. Family members of the same household who each are covered persons are eligible for optional family coverage under the Plan. d. For persons qualifying for coverage in accordance with Section 7 of this Act, the board shall, if it determines that such appropriations as are made pursuant to Section 12 of this Act are insufficient to allow the board to accept all of the eligible persons which it projects will apply for enrollment under the Plan, limit or close enrollment to ensure that the Plan is not over-subscribed and that it has sufficient resources to meet its obligations to existing enrollees. The board shall not limit or close enrollment for federally eligible individuals. e. A person shall not be eligible for coverage under the Plan if: (1) He or she has or obtains other coverage under a group health plan or health insurance coverage substantially similar to or better than a Plan policy as an insured or covered dependent or would be eligible to have that coverage if he or she elected to obtain it. Persons otherwise eligible for Plan coverage may, however, solely for the purpose of having coverage for a pre-existing condition, maintain other coverage only while satisfying any pre-existing condition waiting period under a Plan policy or a subsequent replacement policy of a Plan policy. (1.1) His or her prior coverage under a group health plan or health insurance coverage, provided or arranged by an employer of more than 10 employees was discontinued for any reason without the entire group or plan being discontinued and not replaced, provided he or she remains an employee, or dependent thereof, of the same employer. (2) He or she is a recipient of or is approved to receive medical assistance, except that a person may continue to receive medical assistance through the medical assistance no grant program, but only while satisfying the requirements for a preexisting condition under Section 8, subsection f. of this Act. Payment of premiums pursuant to this Act shall be allocable to the person's spenddown for purposes of the medical assistance no grant program, but that person shall not be eligible for any Plan benefits while that person remains eligible for medical
HOUSE OF REPRESENTATIVES 4593 assistance. If the person continues to receive or be approved to receive medical assistance through the medical assistance no grant program at or after the time that requirements for a preexisting condition are satisfied, the person shall not be eligible for coverage under the Plan. In that circumstance, coverage under the plan shall terminate as of the expiration of the preexisting condition limitation period. Under all other circumstances, coverage under the Plan shall automatically terminate as of the effective date of any medical assistance. (3) Except as provided in Section 15, the person has previously participated in the Plan and voluntarily terminated Plan coverage, unless 12 months have elapsed since the person's latest voluntary termination of coverage. (4) The person fails to pay the required premium under the covered person's terms of enrollment and participation, in which event the liability of the Plan shall be limited to benefits incurred under the Plan for the time period for which premiums had been paid and the covered person remained eligible for Plan coverage. (5) The Plan has paid a total of $1,000,000 in benefits on behalf of the covered person. (6) The person is a resident of a public institution. (7) The person's premium is paid for or reimbursed under any government sponsored program or by any government agency or health care provider, except as an otherwise qualifying full-time employee, or dependent of such employee, of a government agency or health care provider. (8) The person has or later receives other benefits or funds from any settlement, judgement, or award resulting from any accident or injury, regardless of the date of the accident or injury, or any other circumstances creating a legal liability for damages due that person by a third party, whether the settlement, judgment, or award is in the form of a contract, agreement, or trust on behalf of a minor or otherwise and whether the settlement, judgment, or award is payable to the person, his or her dependent, estate, personal representative, or guardian in a lump sum or over time, so long as there continues to be benefits or assets remaining from those sources in an amount in excess of $100,000. (9) Within the 5 years prior to the date a person's Plan application is received by the Board, the person's coverage under any health care benefit program as defined in 18 U.S.C. 24, including any public or private plan or contract under which any medical benefit, item, or service is provided, was terminated as a result of any act or practice that constitutes fraud under State or federal law or as a result of an intentional misrepresentation of material fact; or if that person knowingly and willfully obtained or attempted to obtain, or fraudulently aided or attempted to aid any other person in obtaining, any coverage or benefits under the Plan to which that person was not entitled. f. The board or the administrator shall require verification of residency and may require any additional information or documentation, or statements under oath, when necessary to determine residency upon initial application and for the entire term of the policy. g. Coverage shall cease (i) on the date a person is no longer a resident of Illinois, (ii) on the date a person requests coverage to end, (iii) upon the death of the covered person, (iv) on the date State law requires cancellation of the policy, or (v) at the Plan's option, 30 days after the Plan makes any inquiry concerning a
4594 JOURNAL OF THE [May 14, 1999] person's eligibility or place of residence to which the person does not reply. h. Except under the conditions set forth in subsection g of this Section, the coverage of any person who ceases to meet the eligibility requirements of this Section shall be terminated at the end of the current policy period for which the necessary premiums have been paid. (Source: P.A. 89-486, eff. 6-21-96; 90-30, eff. 7-1-97.)". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 2166 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 2218 A bill for AN ACT to amend the Northeastern Illinois University Law by changing Sections 25-15 and 25-25. 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. 2218. Passed the Senate, as amended, May 13, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2218 on page 1, lines 27 and 28, by deleting "A student member may serve only for one term.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2218 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 2255 A bill for AN ACT to amend the Prevailing Wage Act by changing Section 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:
HOUSE OF REPRESENTATIVES 4595 Senate Amendment No. 1 to HOUSE BILL NO. 2255. Passed the Senate, as amended, May 13, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2255 on page 1, lines 21 through 23, by replacing ", the Tax Increment Allocation Redevelopment Act (Article 11, Division 74.4 of the Illinois Municipal Code)" with ","; and on page 1, lines 29 and 30, by deleting "or under the Illinois Enterprise Zone Loan Act"; and on page 2, line 30 by inserting "and apprenticeship programs approved by the U.S. Department of Labor, Bureau of Apprenticeship and Training" after "training". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2255 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 2263 A bill for AN ACT to amend the Private Sewage Disposal Licensing Act by changing Section 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. 2263. Passed the Senate, as amended, May 13, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2263, on page 2, line 2, by replacing "90" with "60". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2263 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:
4596 JOURNAL OF THE [May 14, 1999] HOUSE BILL 2264 A bill for AN ACT to amend the Private Sewage Disposal Licensing Act by changing Section 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. 2264. Passed the Senate, as amended, May 13, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2264, on page 2, line 8, by replacing "90" with "60". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2264 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 2271 A bill for AN ACT to create the Small Employer Health Insurance Rating Act. 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. 2271. Senate Amendment No. 2 to HOUSE BILL NO. 2271. Passed the Senate, as amended, May 13, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2271 by replacing the title with the following: "Section 1. Short title. This Act may be cited as the Small Employer Health Insurance Rating Act. Section 5. Purpose. The legislature recognizes that all too often, small employers are forced to increase employee co-pays and deductibles or drop health insurance coverage altogether because of unexpected rate increases as a result of one major medical problem. It is the intent of this Act to improve the efficiency and fairness of the small group health insurance marketplace.
HOUSE OF REPRESENTATIVES 4597 Section 10. Definitions. For purposes of this Act: "Actuarial certification" means a written statement by a member of the American Academy of Actuaries or other individual acceptable to the Director that a small employer carrier is in compliance with the provisions of Section 30 of this Act, based upon an examination which includes a review of the appropriate records and of the actuarial assumptions and methods utilized by the small employer carrier in establishing premium rates for the applicable health benefit plans. "Base premium rate" means for each class of business as to a rating period, the lowest premium rate charged or which could be charged under a rating system for that class of business by the small employer carrier to small employers with similar case characteristics for health benefit plans with the same or similar coverage. "Carrier" means any entity which provides health insurance in this State. For the purposes of this Act, carrier includes a licensed insurance company, a prepaid hospital or medical service plan, a health maintenance organization, a multiple-employer welfare arrangement, or any other entity providing a plan of health insurance or health benefits subject to state insurance regulation. "Case characteristics" means demographic, geographic or other objective characteristics of a small employer, that are considered by the small employer carrier, in the determination of premium rates for the small employer. Claim experience, health status, and duration of coverage shall not be characteristics for the purposes of the Small Employer Health Insurance Act. "Class of business" means all or a separate grouping of small employers established pursuant to Section 25. "Director" means the Director of Insurance. "Department" means the Department of Insurance. "Eligible employee" means an employee who works on a full-time basis for the small employer, with a normal week of 30 or more hours, and has satisfied the waiting period and is a member of the class eligible for insurance. Eligible employee may also include a sole proprietor, a partner of a partnership or an independent contractor, provided such sole proprietor, partner or independent contractor is included as an employee under a health benefit plan of a small employer. It does not include an employee who works on a part-time, temporary, seasonal or substitute basis. "ERISA" means the Employee Retirement Income Security Act of 1974, as amended. "Health benefit plan" or plan shall mean any hospital or medical expense-incurred policy or certificate, hospital or medical service plan contract, or health maintenance organization subscriber contract. Health benefit plan shall not include individual, accident-only, credit, dental, vision, medicare supplement, hospital indemnity, long term care or disability income insurance, coverage issued as a supplement to liability insurance, workers' compensation or similar insurance, or automobile medical payment insurance. "Index rate" means, for each class of business as to a rating period for small employers with similar case characteristics, the arithmetic average of the applicable base premium rate and the corresponding highest premium rate. "Late enrollee" means an eligible employee or dependent who requests enrollment in a health benefit plan of a small employer following the initial enrollment period during which the individual is entitled to enroll under the terms of the health benefit plan, provided that the initial enrollment period is a period of at least 30 days. However, an eligible employee or dependent shall not be considered a late enrollee if: (1) the individual meets each of the following:
4598 JOURNAL OF THE [May 14, 1999] (A) the individual was covered under an employer based health benefit plan at the time of the initial enrollment; (B) the individual lost coverage under qualifying previous coverage as a result of termination of employment or eligibility, the involuntary termination of the qualifying previous coverage, death of a spouse or divorce; and (C) the individual requests enrollment within 30 days after the termination of the qualifying previous coverage; (2) the individual is employed by an employer which offers multiple health benefit plans and the individual elects a different plan during an open enrollment period; or (3) a court has ordered coverage be provided for a spouse or minor or dependent child under a covered employee's health benefit plan and request for enrollment is made within 30 days after issuance of the court order. "MEWA" means an "multiple-employer welfare arrangement" as defined in Section 3 of ERISA, as amended, except for any arrangement which is fully insured within the meaning of Section 514(b)(6) of ERISA, as amended. "New business premium rate" means, for each class of business as to a rating period, the lowest premium rate charged or offered or which could have been charged or offered by the small employer carrier to small employers with similar case characteristics for newly issued health benefit plans with the same or similar coverage. "Preexisting condition" means a condition which, during a 12 month period immediately preceding the effective date of coverage, had manifested itself in such a manner as would cause an ordinarily prudent person to seek medical advice, diagnosis, care or treatment or for which medical advice, diagnosis care, or treatment was recommended or received, or a pregnancy existing on the effective date of coverage. "Premium" means all monies paid by a small employer and eligible employees as a condition of receiving coverage from a small employer carrier, including any fees or other contributions associated with the health benefit plan. "Rating period" means the calendar period for which premium rates established by a small employer carrier are assumed to be in effect. "Small employer" means any person, firm, corporation, partnership, or association that is actively engaged in business that, on at least 50% of its working days during the preceding calendar quarter, employed at least 2 but no more than 25 eligible employees, the majority of whom were employed in this State. In determining the number of eligible employees, companies that are affiliated companies, or that are eligible to file a combined tax return for purposes of state taxation, shall be considered one employer. "Small employer carrier" means a carrier that offers health benefit plans covering eligible employees of one or more small employers in this State. Section 15. Applicability and Scope. (a) This Act shall apply to each health benefit plan for a small employer that is delivered, issued for deliver, renewed or continued in this State after January 1, 2000. For purposes of this Section, the date a plan is continued shall be the first rating period which commences after January 1, 2000. The Act shall apply to any such health benefit plan which provides coverage to employees of a small employer, except that the Act shall not apply to individual health insurance policies. (b)(1) Except as provided in paragraph (2) for the purposes of this Act, carriers that are affiliated companies or that are eligible
HOUSE OF REPRESENTATIVES 4599 to file a consolidate tax return shall be treated as one carrier and any restrictions or limitations imposed by this Act shall apply as if all health benefit plans delivered or issued for delivery to small employers in this State by such affiliated carriers were issued by one carrier. (2) An affiliated carrier that is a health maintenance organization having a certificate of authority under Section 2-1 of the Health Maintenance Organization Act may be considered to be a separate carrier for the purposes of this Act. Section 20. Underwriting Provisions. Health benefit plans covering small employers and, to the extent permitted by ERISA, other benefit arrangements covering small employers shall be subject to the following provisions, as applicable: (1) Preexisting condition limitation: No policy provision shall exclude or limit coverage for a preexisting condition for a period beyond 12 months following the effective date of a person's coverage. (2) Portability of coverage: The preexisting condition limitation period shall be reduced to the extent a person was covered under a prior employer-based health benefit plan if: (A) the person is not a late enrollee; and (B) the prior coverage was continuous to a date not more than 30 days prior to the effective date of the new coverage, exclusive of any applicable waiting period. (3) If a small employer carrier offers coverage to a small employer, the small employer carrier shall offer coverage to all of the eligible employees of a small employer and their dependents. A small employer carrier shall not offer coverage to only certain individuals in an eligible class of a small employer group, except in the case of late enrollees. Persons lawfully excluded by a carrier prior to the effective date of this Act may continue to be excluded by that carrier. (4) A small employer carrier shall not modify a health benefit plan with respect to a small employer or any eligible employee or dependent, except that for employees to whom the preexisting condition limitations may apply, a small employer carrier may restrict or exclude coverage or benefits for a specific condition for a maximum period of 12 months from the effective date of the eligible employee's or dependent's coverage by way of rider or endorsement. As to employees to whom the portability of coverage provisions apply, no riders or endorsements may reduce or limit benefits to be provided under the portability of coverage provisions. Any modification legally implemented by a carrier prior to the effective date of this Act may be continued by that carrier. Section 25. Establishment of Class of Business. (a) A small employer carrier may establish a separate class of business only to reflect substantial differences in expected claims experience or administrative costs related to the following reasons: (1) the small employer carrier uses more than one type of system for the marketing and sale of health benefit plans to small employers; (2) the small employer carrier has acquired a class of business from another small employer carrier; or (3) the small employer carrier provides coverage to one or more association groups. (b) A small employer carrier may establish up to 3 separate classes of business under subsection (a). (c) The Director may establish regulations to provide for a period of transition in order for a small employer carrier to come
4600 JOURNAL OF THE [May 14, 1999] into compliance with subsection (b) in the instance of acquisition of an additional class of business from another small employer carrier. (d) The Director may approve the establishment of additional classes of business upon application to the Director and a finding by the Director that such action would enhance the efficiency and fairness of the small employer marketplace. Section 30. Premium Rates. (a) Premium rates for health benefit plans subject to this Act shall be subject to all of the following provisions: (1) The index rate for a rating period for any class of business shall not exceed the index rate for any other class of business by more than 20%. (2) For a class of business, the premium rates charged during a rating period to small employers with similar case characteristics for the same or similar coverage, or the rates that could be charged to such employers under the rating system for that class of business, shall not vary from the index rate by more than 25% of the index rate. (3) The percentage increase in the premium rate charged to a small employer for a new rating period shall not exceed the sum of the following: (A) the percentage change in the new business premium rate measured from the first day of the prior rating period to the first day of the new rating period. In the case of a health benefit plan into which the small employer carrier is no longer enrolling new small employers, the small employer carrier shall use the percentage change in the base premium rate; (B) an adjustment, not to exceed 15% annually and adjusted pro rata for rating periods of less than one year, due to claim experience, health status, or duration of coverage of the employees or dependents of the small employer as determined from the small employer carrier's rate manual for the class of business; and (C) any adjustment due to change in coverage or change in the case characteristics of the small employer as determined from the small employer carrier's rate manual for the class of business. (4) Adjustments in rates for a new rating period due to claim experience, health status and duration of coverage shall not be charged to individual employees or dependents. Any such adjustment shall be applied uniformly to the rates charged for all employees and dependents of the small employer. (5) In the case of health benefit plans delivered or issued for deliver prior to the effective date of this Act, a premium rate for a rating period may exceed the ranges set forth in items (1) and (2) of subsection (a) for a period of 3 years following the effective date of this Act. In such case, the percentage increase in the premium rate charged to a small employer for a new rating period shall not exceed the sum of the following: (A) the percentage change in the new business premium rate measured from the first day of the prior rating period to the first day of the new rating period; in the case of a class of business into which the small employer carrier is no longer enrolling new small employes, the small employer carrier shall use the percentage change in the base premium rate, provided that such change does not exceed, on a percentage basis, the change in the new business premium rate for the most similar class of business into which the small employer carrier is actively enrolling new small employers; and
HOUSE OF REPRESENTATIVES 4601 (B) any adjustment due to change in coverage or change in the case characteristics of the small employer as determined from the carrier's rate manual for the class of business. (6) Small employer carriers shall apply rating factors, including case characteristics, consistently with respect to all small employers in a class of business. A small employer carrier shall treat all health benefit plans issued or renewed in the same calendar month as having the same rating period. (7) For the purposes of this subsection, a health benefit plan that contains a restricted network provision shall not be considered similar coverage to a health benefit plan that does not contain such a provision, provided that the restriction of benefits to network providers results in substantial differences in claim costs. (b) A small employer carrier shall not transfer a small employer involuntarily into or out of a class of business. A small employer carrier shall not offer to transfer a small employer into or out of a class of business unless such offer is made to transfer all small employers in the class of business without regard to case characteristics, claim experience, health status or duration of coverage since issue. (c) The Director may suspend for a specified period the application of item (1) of subsection (a) as to the premium rates applicable to one or more small employers included within a class of business of a small employer carrier for one or more rating periods upon a filing by the small employer carrier and a finding by the Director either that the suspension is reasonable in light of the financial condition of the small employer carrier or that suspension would enhance the efficiency and fairness of the marketplace for small employer health insurance. Section 35. Rating and underwriting records. (a) A small employer carrier shall maintain at its principal place of business a complete and detailed description of its rating practices and renewal underwriting practices, including information and documentation that demonstrates that its rating methods and practices are based upon commonly accepted actuarial assumptions and are in accordance with sound actuarial principles. (b) A small employer carrier shall file with the Director annually on or before March 15, an actuarial certification certifying that the carrier is in compliance with this Act, and that the rating methods of the small employer carrier are actuarially sound. Such certification shall be in a form and manner, and shall contain such information, as specified by the Director. A copy of the certification shall be retained by the small employer carrier at its principal place of business. (c) A small employer carrier shall make the information and documentation described in subsection (a) available to the Director upon request. Except in cases of violations of this Act, the information shall be considered proprietary and trade secret information and shall not be subject to disclosure by the Director to persons outside of the Department except as agreed to by the small employer carrier or as ordered by a court of competent jurisdiction. Section 40. Suspension of Rate Requirements. The Director may suspend all or any part of Section 30 as to the premium rates applicable to one or more small employers for one or more rating periods upon a filing by the small employer carrier and a finding by the Director that either the suspension is reasonable in light of the financial condition of the carrier or the suspension would enhance the efficiency and fairness of the small employer health insurance marketplace.
4602 JOURNAL OF THE [May 14, 1999] Section 45. Director's Regulatory Authority. The Director may adopt and promulgate rules and regulations to carry out the provisions of this Act. Section 99. Effective date. This Act takes effect January 1, 2000.". AMENDMENT NO. 2. Amend House Bill 2271, AS AMENDED, by replacing the title with the following: "AN ACT to create the Small Employer Health Insurance Rating Act."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Small Employer Health Insurance Rating Act. Section 5. Purpose. The legislature recognizes that all too often, small employers are forced to increase employee co-pays and deductibles or drop health insurance coverage altogether because of unexpected rate increases as a result of one major medical problem. It is the intent of this Act to improve the efficiency and fairness of the small group health insurance marketplace. Section 10. Definitions. For purposes of this Act: "Actuarial certification" means a written statement by a member of the American Academy of Actuaries or other individual acceptable to the Director that a small employer carrier is in compliance with the provisions of Section 25 of this Act, based upon an examination which includes a review of the appropriate records and of the actuarial assumptions and methods utilized by the small employer carrier in establishing premium rates for the applicable health benefit plans. "Base premium rate" means for each class of business as to a rating period, the lowest premium rate charged or which could be charged under a rating system for that class of business by the small employer carrier to small employers with similar case characteristics for health benefit plans with the same or similar coverage. "Carrier" means any entity which provides health insurance in this State. For the purposes of this Act, carrier includes a licensed insurance company, a prepaid hospital or medical service plan, a health maintenance organization, or any other entity providing a plan of health insurance or health benefits subject to state insurance regulation. "Case characteristics" means demographic, geographic or other objective characteristics of a small employer, that are considered by the small employer carrier, in the determination of premium rates for the small employer. Claim experience, health status, and duration of coverage shall not be characteristics for the purposes of the Small Employer Health Insurance Rating Act. "Class of business" means all or a separate grouping of small employers established pursuant to Section 20. "Director" means the Director of Insurance. "Department" means the Department of Insurance. "Health benefit plan" or "plan" shall mean any hospital or medical expense-incurred policy, hospital or medical service plan contract, or health maintenance organization subscriber contract. Health benefit plan shall not include individual, accident-only, credit, dental, vision, medicare supplement, hospital indemnity, long term care, specific disease, stop loss or disability income insurance, coverage issued as a supplement to liability insurance, workers' compensation or similar insurance, or automobile medical payment insurance. "Index rate" means, for each class of business as to a rating period for small employers with similar case characteristics, the arithmetic mean of the applicable base premium rate and the
HOUSE OF REPRESENTATIVES 4603 corresponding highest premium rate. "Late enrollee" has the meaning given that term in the Illinois Health Insurance Portability and Accountability Act. "New business premium rate" means, for each class of business as to a rating period, the lowest premium rate charged or offered or which could have been charged or offered by the small employer carrier to small employers with similar case characteristics for newly issued health benefit plans with the same or similar coverage. "Objective characteristics" means measurable or observable phenomena. An example of a measurable characteristic would be the number of employees who were late enrollees. Examples of observable characteristics would be geographic location of the employer or gender of the employee. "Premium" means all monies paid by a small employer and eligible employees as a condition of receiving coverage from a small employer carrier, including any fees or other contributions associated with the health benefit plan. "Rating period" means the calendar period for which premium rates established by a small employer carrier are assumed to be in effect. "Small employer" has the meaning given that term in the Illinois Health Insurance Portability and Accountability Act. "Small employer carrier" means a carrier that offers health benefit plans covering employees of one or more small employers in this State. Section 15. Applicability and Scope. (a) This Act shall apply to each health benefit plan for a small employer that is delivered, issued for deliver, renewed or continued in this State after July 1, 2000. For purposes of this Section, the date a plan is continued shall be the first rating period which commences after July 1, 2000. The Act shall apply to any such health benefit plan which provides coverage to employees of a small employer, except that the Act shall not apply to individual health insurance policies. Section 20. Establishment of Class of Business. (a) A small employer carrier may establish a separate class of business only to reflect substantial differences in expected claims experience or administrative costs related to the following reasons: (1) the small employer carrier uses more than one type of system for the marketing and sale of health benefit plans to small employers; (2) the small employer carrier has acquired a class of business from another small employer carrier; or (3) the small employer carrier provides coverage to one or more association groups. (b) A small employer carrier may establish up to 4 separate classes of business under subsection (a). (c) The Director may approve the establishment of additional classes of business upon application to the Director and a finding by the Director that such action would enhance the efficiency and fairness of the small employer marketplace. Section 25. Premium Rates. (a) Premium rates for health benefit plans subject to this Act shall be subject to all of the following provisions: (1) The index rate for a rating period for any class of business shall not exceed the index rate for any other class of business by more than 20%. (2) For a class of business, the premium rates charged during a rating period to small employers with similar case characteristics for the same or similar coverage, or the rates that could be charged to such employers under the rating system for that class of business, shall not vary from the index rate by
4604 JOURNAL OF THE [May 14, 1999] more than 25% of the index rate. (3) The percentage increase in the premium rate charged to a small employer for a new rating period shall not exceed the sum of the following: (A) the percentage change in the new business premium rate measured from the first day of the prior rating period to the first day of the new rating period. In the case of a health benefit plan into which the small employer carrier is no longer enrolling new small employers, the small employer carrier shall use the percentage change in the base premium rate; (B) an adjustment, not to exceed 15% annually and adjusted pro rata for rating periods of less than one year, due to claim experience, health status, or duration of coverage of the employees or dependents of the small employer as determined from the small employer carrier's rate manual for the class of business; and (C) any adjustment due to change in coverage or change in the case characteristics of the small employer as determined from the small employer carrier's rate manual for the class of business. (4) Adjustments in rates for a new rating period due to claim experience, health status and duration of coverage shall not be charged to individual employees or dependents. Any such adjustment shall be applied uniformly to the rates charged for all employees and dependents of the small employer. (5) In the case of health benefit plans delivered or issued for deliver prior to the effective date of this Act, a premium rate for a rating period may exceed the ranges set forth in items (1) and (2) of subsection (a) for a period of 3 years following the effective date of this Act. In such case, the percentage increase in the premium rate charged to a small employer for a new rating period shall not exceed the sum of the following: (A) the percentage change in the new business premium rate measured from the first day of the prior rating period to the first day of the new rating period; in the case of a class of business into which the small employer carrier is no longer enrolling new small employes, the small employer carrier shall use the percentage change in the base premium rate, provided that such change does not exceed, on a percentage basis, the change in the new business premium rate for the most similar class of business into which the small employer carrier is actively enrolling new small employers; and (B) any adjustment due to change in coverage or change in the case characteristics of the small employer as determined from the carrier's rate manual for the class of business. (6) Small employer carriers shall apply rating factors, including case characteristics, consistently with respect to all small employers in a class of business. A small employer carrier shall treat all health benefit plans issued or renewed in the same calendar month as having the same rating period. (7) For the purposes of this subsection, a health benefit plan that contains a restricted network provision shall not be considered similar coverage to a health benefit plan that does not contain such a provision, provided that the restriction of benefits to network providers results in substantial differences in claim costs. (b) A small employer carrier shall not transfer a small employer involuntarily into or out of a class of business. A small employer
HOUSE OF REPRESENTATIVES 4605 carrier shall not offer to transfer a small employer into or out of a class of business unless such offer is made to transfer all small employers in the class of business without regard to case characteristics, claim experience, health status or duration of coverage since issue. Section 30. Rating and underwriting records. (a) A small employer carrier shall maintain at its principal place of business a complete and detailed description of its rating practices and renewal underwriting practices, including information and documentation that demonstrates that its rating methods and practices are based upon commonly accepted actuarial assumptions and are in accordance with sound actuarial principles. (b) A small employer carrier shall file with the Director annually on or before May 15, an actuarial certification certifying that the carrier is in compliance with this Act, and that the rating methods of the small employer carrier are actuarially sound. Such certification shall be in a form and manner, and shall contain such information, as specified by the Director. A copy of the certification shall be retained by the small employer carrier at its principal place of business for a period of three years from the date of certification. This shall include any work papers prepared in support of the actuarial certification. (c) A small employer carrier shall make the information and documentation described in subsection (a) available to the Director upon request. Except in cases of violations of this Act, the information shall be considered proprietary and trade secret information and shall not be subject to disclosure by the Director to persons outside of the Department except as agreed to by the small employer carrier or as ordered by a court of competent jurisdiction. Section 35. Suspension of Rate Requirements. The Director may suspend all or any part of Section 25 as to the premium rates applicable to one or more small employers for one or more rating periods upon a filing by the small employer carrier and a finding by the Director that either the suspension is reasonable in light of the financial viability of the carrier or the suspension would enhance the efficiency and fairness of the small employer health insurance marketplace. Section 40. Director's Regulatory Authority. The Director may adopt and promulgate rules and regulations to carry out the provisions of this Act. Section 99. Effective date. This Act takes effect January 1, 2000.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 2271 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 2283 A bill for AN ACT providing for the State of Illinois to enter into an agreement with Missouri and Iowa to establish the Mid-America Port Commission.
4606 JOURNAL OF THE [May 14, 1999] 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. 2283. Senate Amendment No. 2 to HOUSE BILL NO. 2283. Passed the Senate, as amended, May 13, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2283 on page 3, by replacing lines 7 through 23 with the following: "Section 20. Appointment of commissioners; vacancy. (a) Within 90 days after the effective date of this Act, the Governor shall appoint one commissioner to the Mid-America Port Commission created by agreement between Illinois, Missouri, and Iowa. This commissioner must be appointed from among those members of the Mid-America Intermodal Authority Port District Board that were appointed by the Governor. (b) Within 90 days after the effective date of this Act, the Mid-America Intermodal Authority Port District Board, from its members, shall appoint 2 commissioners to the Mid-America Port Commission. (c) Commissioners must be members of the Mid-America Intermodal Authority Port District Board. If a commissioner ceases to be a member of the Mid-America Intermodal Authority Port District Board, there shall be vacancy in the office of commissioner. (d) A vacancy in the office of commissioner shall be filled by appointment of the Governor, in the case of a vacancy in the office of commissioner appointed by the Governor, or by the Mid-America Intermodal Authority Port District Board, in the case of a vacancy in the office of commissioner appointed by the Mid-America Intermodal Authority Port District Board."; and on page 4, by inserting below line 1 the following: "Section 27. Commissioners; compensation. The commissioners shall serve without compensation but shall be entitled to be reimbursed for their necessary expenses incurred in the performance of their duties.". AMENDMENT NO. 2. Amend House Bill 2283 on page 2, line 22, by inserting "Henderson, Warren, Morgan, Mercer," after "Schuyler"; and on page 2, line 25, by inserting "Any territory that is disconnected from the Mid-America Intermodal Authority Port District shall cease to be under the jurisdiction of the Mid-America Port Commission." after "Commission."; and on page 4, by replacing lines 12 and 13 with the following: "Section 900. The Mid-America Intermodal Authority Port District Act is amended by changing Section 10 and by adding Section 172 as follows: (70 ILCS 1832/10) Sec. 10. Mid-America Intermodal Authority Port District created. There is created a political subdivision, body politic, and municipal corporation by the name of the Mid-America Intermodal Authority Port District embracing all the area within the corporate limits of Adams, Brown, Cass, Hancock, Pike, Schuyler, Henderson, Warren, Morgan, Mercer, and Scott Counties. Territory may be annexed to the district in the manner provided in this Act. The district may sue and be sued
HOUSE OF REPRESENTATIVES 4607 in its corporate name but execution shall not in any case issue against any property of the district. It may adopt a common seal and change the same at its pleasure. (Source: P.A. 90-636, eff. 7-24-98.) (70 ILCS 1832/172 new) Sec. 172. Disconnection. The registered voters of a county included in the District may petition the State Board of Elections requesting the submission of the question of whether the county should be disconnected from the District to the electors of the county. The petition shall be circulated in the manner required by Section 28-3 of the Election Code and objections thereto and the manner of their disposition shall be in accordance with Section 28-4 of the Election Code. If a petition is filed with the State Board of Elections, signed by not less than 5% of the registered voters of the county, requesting that the question of disconnection be submitted to the electors of the county, the State Board of Elections must certify the question to the proper election authority, which must submit the question at a regular election held at least 78 days after the petition is filed in accordance with the Election Code. The question must be submitted in substantially the following form: Shall (name of county) be disconnected from the Mid-America Intermodal Authority Port District? The votes must be recorded as "Yes" or "No". If a majority of the electors voting on the question vote in the affirmative, the county shall be disconnected from the District. 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 2283 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 2330 A bill for AN ACT to amend the Counties Code by changing Section 5-25012. 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. 2330. Passed the Senate, as amended, May 13, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2330, on page 1 by replacing line 11 with the following: "by a board of health consisting of 8 members appointed by"; and
4608 JOURNAL OF THE [May 14, 1999] on page 1 by replacing lines 18 through 21 with the following: "successor is appointed. Each board of health which has 8 members, may have one additional member appointed by the president or chairman of the county board, with the approval of the county board. The additional member shall first be appointed within 90 days after the effective date of this Amendatory Act for a term ending July 1, 2002. The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2330 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 2518 A bill for AN ACT to create the Budget Implementation Act for Fiscal Year 2000. 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. 2518. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2518 by deleting lines 11 and 12 and inserting in lieu thereof the following: "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 2518 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 2726 A bill for AN ACT to amend the Adoption Act by changing Sections 1, 9, 10, 11, 13, and 14 and by adding Section 13.1. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed
HOUSE OF REPRESENTATIVES 4609 to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2726. Passed the Senate, as amended, May 13, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2726 by replacing the title with the following: "AN ACT to amend the Adoption Act by changing Sections 1, 5, 6, 7, 9, 10, 11, 13, and 14, and by adding Section 13.1."; and by replacing everything after the enacting clause with the following: "Section 5. The Adoption Act is amended by changing Sections 1, 5, 6, 7, 9, 10, 11, 13, and 14 and by adding Section 13.1 as follows: (750 ILCS 50/1) (from Ch. 40, par. 1501) Sec. 1. Definitions. When used in this Act, unless the context otherwise requires: A. "Child" means a person under legal age subject to adoption under this Act. B. "Related child" means a child subject to adoption where either or both of the adopting parents stands in any of the following relationships to the child by blood or marriage: parent, grand-parent, brother, sister, step-parent, step-grandparent, step-brother, step-sister, uncle, aunt, great-uncle, great-aunt, or cousin of first degree. A child whose parent has executed a final irrevocable consent to adoption or a final irrevocable surrender for purposes of adoption, or whose parent has had his or her parental rights terminated, is not a related child to that person, unless the consent is determined to be void or is void pursuant to subsection O of Section 10. C. "Agency" for the purpose of this Act means a public child welfare agency or a licensed child welfare agency. D. "Unfit person" means any person whom the court shall find to be unfit to have a child, without regard to the likelihood that the child will be placed for adoption. The grounds of unfitness are any one or more of the following: (a) Abandonment of the child. (a-1) Abandonment of a newborn infant in a hospital. (a-2) Abandonment of a newborn infant in any setting where the evidence suggests that the parent intended to relinquish his or her parental rights. (b) Failure to maintain a reasonable degree of interest, concern or responsibility as to the child's welfare. (c) Desertion of the child for more than 3 months next preceding the commencement of the Adoption proceeding. (d) Substantial neglect of the child if continuous or repeated. (d-1) Substantial neglect, if continuous or repeated, of any child residing in the household which resulted in the death of that child. (e) Extreme or repeated cruelty to the child. (f) Two or more findings of physical abuse to any children under Section 4-8 of the Juvenile Court Act or Section 2-21 of the Juvenile Court Act of 1987, the most recent of which was determined by the juvenile court hearing the matter to be supported by clear and convincing evidence; a criminal conviction or a finding of not guilty by reason of insanity resulting from the death of any child by physical child abuse; or a finding of
4610 JOURNAL OF THE [May 14, 1999] physical child abuse resulting from the death of any child under Section 4-8 of the Juvenile Court Act or Section 2-21 of the Juvenile Court Act of 1987. (g) Failure to protect the child from conditions within his environment injurious to the child's welfare. (h) Other neglect of, or misconduct toward the child; provided that in making a finding of unfitness the court hearing the adoption proceeding shall not be bound by any previous finding, order or judgment affecting or determining the rights of the parents toward the child sought to be adopted in any other proceeding except such proceedings terminating parental rights as shall be had under either this Act, the Juvenile Court Act or the Juvenile Court Act of 1987. (i) Depravity. Conviction of any one of the following crimes shall create a presumption that a parent is depraved which can be overcome only by clear and convincing evidence: (1) first degree murder in violation of paragraph 1 or 2 of subsection (a) of Section 9-1 of the Criminal Code of 1961 or conviction of second degree murder in violation of subsection (a) of Section 9-2 of the Criminal Code of 1961 of a parent of the child to be adopted; (2) first degree murder or second degree murder of any child in violation of the Criminal Code of 1961; (3) attempt or conspiracy to commit first degree murder or second degree murder of any child in violation of the Criminal Code of 1961; (4) solicitation to commit murder of any child, solicitation to commit murder of any child for hire, or solicitation to commit second degree murder of any child in violation of the Criminal Code of 1961; or (5) aggravated criminal sexual assault in violation of Section 12-14(b)(1) of the Criminal Code of 1961. There is a rebuttable presumption that a parent is depraved if the parent has been criminally convicted of at least 3 felonies under the laws of this State or any other state, or under federal law, or the criminal laws of any United States territory; and at least one of these convictions took place within 5 years of the filing of the petition or motion seeking termination of parental rights. There is a rebuttable presumption that a parent is depraved if that parent has been criminally convicted of either first or second degree murder of any person as defined in the Criminal Code of 1961 within 10 years of the filing date of the petition or motion to terminate parental rights. (j) Open and notorious adultery or fornication. (j-1) (Blank). (k) Habitual drunkenness or addiction to drugs, other than those prescribed by a physician, for at least one year immediately prior to the commencement of the unfitness proceeding. There is a rebuttable presumption that a parent is unfit under this subsection with respect to any child to which that parent gives birth where there is a confirmed test result that at birth the child's blood, urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or metabolites of such substances, the presence of which in the newborn infant was not the result of medical treatment administered to the mother or the newborn infant; and the biological mother of this child is the biological mother of at least one other child who was adjudicated a neglected minor under subsection (c) of Section 2-3 of the Juvenile Court Act of 1987. (l) Failure to demonstrate a reasonable degree of interest, concern or responsibility as to the welfare of a new born child
HOUSE OF REPRESENTATIVES 4611 during the first 30 days after its birth. (m) Failure by a parent to make reasonable efforts to correct the conditions that were the basis for the removal of the child from the parent, or to make reasonable progress toward the return of the child to the parent within 9 months after an adjudication of neglected or abused minor under Section 2-3 of the Juvenile Court Act of 1987 or dependent minor under Section 2-4 of that Act. If a service plan has been established as required under Section 8.2 of the Abused and Neglected Child Reporting Act to correct the conditions that were the basis for the removal of the child from the parent and if those services were available, then, for purposes of this Act, "failure to make reasonable progress toward the return of the child to the parent" includes the parent's failure to substantially fulfill his or her obligations under the service plan and correct the conditions that brought the child into care within 9 months after the adjudication under Section 2-3 or 2-4 of the Juvenile Court Act of 1987. (m-1) Pursuant to the Juvenile Court Act of 1987, a child has been in foster care for 15 months out of any 22 month period which begins on or after the effective date of this amendatory Act of 1998 unless the child's parent can prove by a preponderance of the evidence that it is more likely than not that it will be in the best interests of the child to be returned to the parent within 6 months of the date on which a petition for termination of parental rights is filed under the Juvenile Court Act of 1987. The 15 month time limit is tolled during any period for which there is a court finding that the appointed custodian or guardian failed to make reasonable efforts to reunify the child with his or her family, provided that (i) the finding of no reasonable efforts is made within 60 days of the period when reasonable efforts were not made or (ii) the parent filed a motion requesting a finding of no reasonable efforts within 60 days of the period when reasonable efforts were not made. For purposes of this subdivision (m-1), the date of entering foster care is the earlier of: (i) the date of a judicial finding at an adjudicatory hearing that the child is an abused, neglected, or dependent minor; or (ii) 60 days after the date on which the child is removed from his or her parent, guardian, or legal custodian. (n) Evidence of intent to forgo forego his or her parental rights, whether or not the child is a ward of the court, (1) as manifested by his or her failure for a period of 12 months: (i) to visit the child, (ii) to communicate with the child or agency, although able to do so and not prevented from doing so by an agency or by court order, or (iii) to maintain contact with or plan for the future of the child, although physically able to do so, or (2) as manifested by the father's failure, where he and the mother of the child were unmarried to each other at the time of the child's birth, (i) to commence legal proceedings to establish his paternity under the Illinois Parentage Act of 1984 or the law of the jurisdiction of the child's birth within 30 days of being informed, pursuant to Section 12a of this Act, that he is the father or the likely father of the child or, after being so informed where the child is not yet born, within 30 days of the child's birth, or (ii) to make a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of the child, the court to consider in its determination all relevant circumstances, including the financial condition of both parents; provided that the ground for termination provided
4612 JOURNAL OF THE [May 14, 1999] in this subparagraph (n)(2)(ii) shall only be available where the petition is brought by the mother or the husband of the mother. Contact or communication by a parent with his or her child that does not demonstrate affection and concern does not constitute reasonable contact and planning under subdivision (n). In the absence of evidence to the contrary, the ability to visit, communicate, maintain contact, pay expenses and plan for the future shall be presumed. The subjective intent of the parent, whether expressed or otherwise, unsupported by evidence of the foregoing parental acts manifesting that intent, shall not preclude a determination that the parent has intended to forgo forego his or her parental rights. In making this determination, the court may consider but shall not require a showing of diligent efforts by an authorized agency to encourage the parent to perform the acts specified in subdivision (n). It shall be an affirmative defense to any allegation under paragraph (2) of this subsection that the father's failure was due to circumstances beyond his control or to impediments created by the mother or any other person having legal custody. Proof of that fact need only be by a preponderance of the evidence. (o) Repeated or continuous failure by the parents, although physically and financially able, to provide the child with adequate food, clothing, or shelter. (p) Inability to discharge parental responsibilities supported by competent evidence from a psychiatrist, licensed clinical social worker, or clinical psychologist of mental impairment, mental illness or mental retardation as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code, or developmental disability as defined in Section 1-106 of that Code, and there is sufficient justification to believe that the inability to discharge parental responsibilities shall extend beyond a reasonable time period. However, this subdivision (p) shall not be construed so as to permit a licensed clinical social worker to conduct any medical diagnosis to determine mental illness or mental impairment. (q) The parent has been criminally convicted of aggravated battery, heinous battery, or attempted murder of any child. (r) The child is in the temporary custody or guardianship of the Department of Children and Family Services, the parent is incarcerated as a result of criminal conviction at the time the petition or motion for termination of parental rights is filed, prior to incarceration the parent had little or no contact with the child or provided little or no support for the child, and the parent's incarceration will prevent the parent from discharging his or her parental responsibilities for the child for a period in excess of 2 years after the filing of the petition or motion for termination of parental rights. (s) The child is in the temporary custody or guardianship of the Department of Children and Family Services, the parent is incarcerated at the time the petition or motion for termination of parental rights is filed, the parent has been repeatedly incarcerated as a result of criminal convictions, and the parent's repeated incarceration has prevented the parent from discharging his or her parental responsibilities for the child. (t) A finding that at birth the child's blood, urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act, or a metabolite of a controlled substance, with the exception of controlled substances or metabolites of such substances, the presence of which in the newborn infant was the result of medical treatment administered
HOUSE OF REPRESENTATIVES 4613 to the mother or the newborn infant, and that the biological mother of this child is the biological mother of at least one other child who was adjudicated a neglected minor under subsection (c) of Section 2-3 of the Juvenile Court Act of 1987, after which the biological mother had the opportunity to enroll in and participate in a clinically appropriate substance abuse counseling, treatment, and rehabilitation program. E. "Parent" means the father or mother of a legitimate or illegitimate child. For the purpose of this Act, a person who has executed a final and irrevocable consent to adoption or a final and irrevocable surrender for purposes of adoption, or whose parental rights have been terminated by a court, is not a parent of the child who was the subject of the consent or surrender, unless the consent is void pursuant to subsection O of Section 10. F. A person is available for adoption when the person is: (a) a child who has been surrendered for adoption to an agency and to whose adoption the agency has thereafter consented; (b) a child to whose adoption a person authorized by law, other than his parents, has consented, or to whose adoption no consent is required pursuant to Section 8 of this Act; (c) a child who is in the custody of persons who intend to adopt him through placement made by his parents; (c-1) a child for whom a parent has signed a specific consent pursuant to subsection O of Section 10; or (d) an adult who meets the conditions set forth in Section 3 of this Act. A person who would otherwise be available for adoption shall not be deemed unavailable for adoption solely by reason of his or her death. G. The singular includes the plural and the plural includes the singular and the "male" includes the "female", as the context of this Act may require. H. "Adoption disruption" occurs when an adoptive placement does not prove successful and it becomes necessary for the child to be removed from placement before the adoption is finalized. I. "Foreign placing agency" is an agency or individual operating in a country or territory outside the United States that is authorized by its country to place children for adoption either directly with families in the United States or through United States based international agencies. J. "Immediate relatives" means the biological parents, the parents of the biological parents and siblings of the biological parents. K. "Intercountry adoption" is a process by which a child from a country other than the United States is adopted. L. "Intercountry Adoption Coordinator" is a staff person of the Department of Children and Family Services appointed by the Director to coordinate the provision of services by the public and private sector to prospective parents of foreign-born children. M. "Interstate Compact on the Placement of Children" is a law enacted by most states for the purpose of establishing uniform procedures for handling the interstate placement of children in foster homes, adoptive homes, or other child care facilities. N. "Non-Compact state" means a state that has not enacted the Interstate Compact on the Placement of Children. O. "Preadoption requirements" are any conditions established by the laws or regulations of the Federal Government or of each state that must be met prior to the placement of a child in an adoptive home. P. "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any
4614 JOURNAL OF THE [May 14, 1999] individual residing in the same home as the child, or a paramour of the child's parent: (a) inflicts, causes to be inflicted, or allows to be inflicted upon the child physical injury, by other than accidental means, that causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function; (b) creates a substantial risk of physical injury to the child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function; (c) commits or allows to be committed any sex offense against the child, as sex offenses are defined in the Criminal Code of 1961 and extending those definitions of sex offenses to include children under 18 years of age; (d) commits or allows to be committed an act or acts of torture upon the child; or (e) inflicts excessive corporal punishment. Q. "Neglected child" means any child whose parent or other person responsible for the child's welfare withholds or denies nourishment or medically indicated treatment including food or care denied solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or otherwise does not provide the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter; or who is abandoned by his or her parents or other person responsible for the child's welfare. A child shall not be considered neglected or abused for the sole reason that the child's parent or other person responsible for his or her welfare depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of the Abused and Neglected Child Reporting Act. R. "Putative father" means a man who may be a child's father, but who (1) is not married to the child's mother on or before the date that the child was or is to be born and (2) has not established paternity of the child in a court proceeding before the filing of a petition for the adoption of the child. The term includes a male who is less than 18 years of age. "Putative father" does not mean a man who is the child's father as a result of criminal sexual abuse or assault as defined under Article 12 of the Criminal Code of 1961. S. "Standby adoption" means an adoption in which a terminally ill parent consents to custody and termination of parental rights to become effective upon the occurrence of a future event, which is either the death of the terminally ill parent or the request of the parent for the entry of a final judgment of adoption. T. "Terminally ill parent" means a person who has a medical prognosis by a physician licensed to practice medicine in all of its branches that the person has an incurable and irreversible condition which will lead to death. (Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97; 90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-443, eff. 8-16-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; revised 10-31-98.) (750 ILCS 50/5) (from Ch. 40, par. 1507) Sec. 5. Petition, contents, verification, filing. A. A proceeding to adopt a child, other than a related child, shall be commenced by the filing of a petition within 30 days after
HOUSE OF REPRESENTATIVES 4615 such child has become available for adoption, provided that such petition may be filed at a later date by leave of court upon a showing that the failure to file such petition within such 30 day period was not due to the petitioners' culpable negligence or their wilful disregard of the provisions of this Section. In the case of a child born outside the United States or a territory thereof, if the prospective adoptive parents of such child have been appointed guardians of such child by a court of competent jurisdiction in a country other than the United States or a territory thereof, such parents shall file a petition as provided in this Section within 30 days after entry of the child into the United States. A petition to adopt an adult or a related child may be filed at any time. A petition for adoption may include more than one person sought to be adopted. B. A petition to adopt a child other than a related child shall state: (a) The full names of the petitioners and, if minors, their respective ages; (b) The place of residence of the petitioners and the length of residence of each in the State of Illinois immediately preceding the filing of the petition; (c) When the petitioners acquired, or intend to acquire, custody of the child, and the name and address of the persons or agency from whom the child was or will be received; (d) The name, the place and date of birth if known, and the sex of the child sought to be adopted; (e) The relationship, if any, of the child to each petitioner; (f) The names, if known, and the place of residence, if known, of the parents; and whether such parents are minors, or otherwise under any legal disability. The names and addresses of the parents shall be omitted and they shall not be made parties defendant to the petition if (1) the rights of the parents have been terminated by a court of competent jurisdiction, or (2) if the child has been surrendered to an agency, or (3) if the parent or parents have been served with the notice provided in Section 12a of this Act and said parent or parents have filed a disclaimer of paternity as therein provided or have failed to file such declaration of paternity or a request for notice as provided in said Section; . (g) If it is alleged that the child has no living parent, then the name of the guardian, if any, of such child and the court which appointed such guardian; (h) If it is alleged that the child has no living parent and that no guardian of such child is known to petitioners, then the name of a near relative, if known, shall be set forth, or an allegation that no near relative is known and on due inquiry cannot be ascertained by petitioners; : (i) The name to be given the child or adult; (j) That the person or agency, having authority to consent under Section 8 of this Act, has consented, or has indicated willingness to consent, to the adoption of the child by the petitioners, or that the person having authority to consent is an unfit person and the ground therefor, or that no consent is required under paragraph (f) of Section 8 of this Act; (k) Whatever orders, judgments or decrees have heretofore been entered by any court affecting (1) adoption or custody of the child, or (2) the adoptive, custodial or parental rights of either petitioner, including the prior denial of any petition for adoption pertaining to such child, or to the petitioners, or either of them.
4616 JOURNAL OF THE [May 14, 1999] C. A petition to adopt a related child shall include the information specified in sub-paragraphs (a), (b), (d), (e), (f), (i) and (k) of paragraph B and a petition to adopt an adult shall contain the information required by sub-paragraphs (a), (b) and (i) of paragraph B in addition to the name, place, date of birth and sex of such adult. D. The petition shall be verified by the petitioners. E. Upon the filing of the petition the petitioners shall furnish the Clerk of the Court in which the petition is pending such information not contained in such petition as shall be necessary to enable the Clerk of such Court to complete a certificate of adoption as hereinafter provided. F. A petition for standby adoption shall conform to the requirements of this Act with respect to petition contents, verification, and filing. The petition for standby adoption shall also state the facts concerning the consent of the child's parent to the standby adoption. A petition for standby adoption shall include the information in paragraph B if the petitioner seeks to adopt a child other than a related child. A petition for standby adoption shall include the information in paragraph C if the petitioner seeks to adopt a related child or adult. (Source: P.A. 87-1129; 88-148; revised 10-31-98.) (750 ILCS 50/6) (from Ch. 40, par. 1508) Sec. 6. A. Investigation; all cases. Within 10 days after the filing of a petition for the adoption or standby adoption of a child other than a related child, the court shall appoint a child welfare agency approved by the Department of Children and Family Services or a probation officer of the court, or in Cook County the Court Services Division of the Cook County Department of Public Aid, or the Department of Children and Family Services if the court determines that no child welfare agency is available or that the petitioner is financially unable to pay for the investigation, to investigate accurately, fully and promptly, the allegations contained in the petition; the character, reputation, health and general standing in the community of the petitioners; the religious faith of the petitioners and, if ascertainable, of the child sought to be adopted; and whether the petitioners are proper persons to adopt the child and whether the child is a proper subject of adoption. The investigation required under this Section shall include a criminal background check with a review of fingerprints by State and federal authorities. The criminal background check required by this Section shall include a listing of when, where and by whom the criminal background check was prepared. The criminal background check required by this Section shall not be more than two years old. Neither a clerk of the circuit court nor a judge may require that a criminal background check or fingerprint review be filed with, or at the same time as, an initial petition for adoption. B. Investigation; foreign-born child. In the case of a child born outside the United States or a territory thereof, in addition to the investigation required under subsection (A) of this Section, a post-placement investigation shall be conducted in accordance with the requirements of the Child Care Act of 1969, the Interstate Compact on the Placement of Children, and regulations of the foreign placing agency and the supervising agency. The requirements of a post-placement investigation shall be deemed to have been satisfied if a valid final order or judgment of adoption has been entered by a court of competent jurisdiction in a country other than the United States or a territory thereof with respect to such child and the petitioners. C. Report of investigation. The court shall determine whether the costs of the investigation shall be charged to the petitioners.
HOUSE OF REPRESENTATIVES 4617 The information obtained as a result of such investigation shall be presented to the court in a written report. The results of the criminal background check required under subsection (A) shall be provided to the court for its review. The court may, in its discretion, weigh the significance of the results of the criminal background check against the entirety of the background of the petitioners. The Court, in its discretion, may accept the report of the investigation previously made by a licensed child welfare agency, if made within one year prior to the entry of the judgment. Such report shall be treated as confidential and withheld from inspection unless findings adverse to the petitioners or to the child sought to be adopted are contained therein, and in that event the court shall inform the petitioners of the relevant portions pertaining to the adverse findings. In no event shall any facts set forth in the report be considered at the hearing of the proceeding, unless established by competent evidence. The report shall be filed with the record of the proceeding. If the file relating to the proceeding is not impounded, the report shall be impounded by the clerk of the court and shall be made available for inspection only upon order of the court. D. Related adoption. Such investigation shall not be made when the petition seeks to adopt a related child or an adult unless the court, in its discretion, shall so order. In such an event the court may appoint a person deemed competent by the court. (Source: P.A. 87-1129; 88-148.) (750 ILCS 50/7) (from Ch. 40, par. 1509) Sec. 7. Process. A. All persons named in the petition for adoption or standby adoption, other than the petitioners and any party who has previously either denied being a parent pursuant to Section 12a of this Act or whose rights have been terminated pursuant to Section 12a of this Act, but including the person sought to be adopted, shall be made parties defendant by name, and if the name or names of any such persons are alleged in the petition to be unknown such persons shall be made parties defendant under the name and style of "All whom it may concern". In all such actions petitioner or his attorney shall file, at the office of the clerk of the court in which the action is pending, an affidavit showing that the defendant resides or has gone out of this State, or on due inquiry cannot be found, or is concealed within this State, so that process cannot be served upon him, and stating the place of residence of the defendant, if known, or that upon diligent inquiry his place of residence cannot be ascertained, the clerk shall cause publication to be made in some newspaper published in the county in which the action is pending. If there is no newspaper published in that county, then the publication shall be in a newspaper published in an adjoining county in this State, having a circulation in the county in which such action is pending. In the event there is service on any of the parties by publication, the publication shall contain notice of pendency of the action, the name of the person to be adopted and the name of the parties to be served by publication, and the date on or after which default may be entered against such parties. Neither the name of petitioners nor the name of any party who has either surrendered said child, has given their consent to the adoption of the child, or whose parental rights have been terminated by a court of competent jurisdiction shall be included in the notice of publication. The Clerk shall also, within ten (10) days of the first publication of the notice, send a copy thereof by mail, addressed to each defendant whose place of residence is stated in such affidavit. The certificate of the Clerk that he sent the copies pursuant to this section is evidence that he has done so. Except as provided in this section pertaining to service by publication, all parties defendant shall be notified of the
4618 JOURNAL OF THE [May 14, 1999] proceedings in the same manner as is now or may hereafter be required in other civil cases or proceedings. Any party defendant who is of age of 14 years or upward may waive service of process by entering an appearance in writing. The form to be used for publication shall be substantially as follows: "ADOPTION NOTICE - STATE OF ILLINOIS, County of ...., ss. - Circuit Court of .... County. In the matter of the Petition for the Adoption of ...., a ..male child. Adoption No. ..... To-- .... (whom it may concern or the named parent) Take notice that a petition was filed in the Circuit Court of .... County, Illinois, for the adoption of a child named ..... Now, therefore, unless you ...., and all whom it may concern, file your answer to the Petition in the action or otherwise file your appearance therein, in the said Circuit Court of ...., County, Room ...., ...., in the City of ...., Illinois, on or before the .... day of ...., a default may be entered against you at any time after that day and a judgment entered in accordance with the prayer of said Petition. Dated, ...., Illinois, .... ...., Clerk. (Name and address of attorney for petitioners.) B. A minor defendant who has been served in accordance with this Section may be defaulted in the same manner as any other defendant. C. Notwithstanding any inconsistent provision of this or any other law, and in addition to the notice requirements of any law pertaining to persons other than those specified in this subsection, the persons entitled to notice that a petition has been filed under Section 5 of this Act shall include: (a) any person adjudicated by a court in this State to be the father of the child; (b) any person adjudicated by a court of another state or territory of the United States to be the father of the child, when a certified copy of the court order has been filed with the Putative Father Registry under Section 12.1 of this Act; (c) any person who at the time of the filing of the petition is registered in the Putative Father Registry under Section 12.1 of this Act as the putative father of the child; (d) any person who is recorded on the child's birth certificate as the child's father; (e) any person who is openly living with the child or the child's mother at the time the proceeding is initiated and who is holding himself out to be the child's father; (f) any person who has been identified as the child's father by the mother in a written, sworn statement, including an Affidavit of Identification as specified under Section 11 of this Act; (g) any person who was married to the child's mother on the date of the child's birth or within 300 days prior to the child's birth. The sole purpose of notice under this Section shall be to enable the person receiving notice to appear in the adoption proceedings to present evidence to the court relevant to the best interests of the child. (Source: P.A. 89-315, eff. 1-1-96.) (750 ILCS 50/9) (from Ch. 40, par. 1511) Sec. 9. Time for taking a consent or surrender. A. A consent or a surrender taken not less than 72 hours after the birth of the child is irrevocable except as provided in Section 11 of this Act. B. No consent or surrender shall be taken within the 72 hour period immediately following the birth of the child. C. A consent or a surrender may be taken from the father prior to the birth of the child. Such consent or surrender shall be revoked if, within 72 hours after the birth of the child, the father who gave
HOUSE OF REPRESENTATIVES 4619 such consent or surrender, notifies in writing the person, agency or court representative who took the surrender or consent or any individual representing or connected with such person, agency or court representative of the revocation of the consent or surrender. D. Any consent or surrender taken in accordance with paragraph C above which is not revoked within 72 hours after the birth of the child is irrevocable except as provided in Section 11 of this Act. E. Consent may be given to a standby adoption by a terminally ill parent whose consent is required pursuant to Section 8 of this Act to become effective when the terminally ill parent of the child dies or that parent requests that the final judgment of adoption be entered. (Source: P.A. 78-854.) (750 ILCS 50/10) (from Ch. 40, par. 1512) Sec. 10. Forms of consent and surrender; execution and acknowledgment thereof. A. The form of consent required for the adoption of a born child shall be substantially as follows: FINAL AND IRREVOCABLE CONSENT TO ADOPTION I, ...., (relationship, e.g., mother, father, relative, guardian) of ...., a ..male child, state: That such child was born on .... at .... That I reside at ...., County of .... and State of .... That I am of the age of .... years. That I hereby enter my appearance in this proceeding and waive service of summons on me. That I do hereby consent and agree to the adoption of such child. That I wish to and understand that by signing this consent I do irrevocably and permanently give up all custody and other parental rights I have to such child. That I understand such child will be placed for adoption and that I cannot under any circumstances, after signing this document, change my mind and revoke or cancel this consent or obtain or recover custody or any other rights over such child. That I have read and understand the above and I am signing it as my free and voluntary act. Dated (insert date). this .... day of ...., 19.... ......................... If under Section 8 the consent of more than one person is required, then each such person shall execute a separate consent. B. The form of consent required for the adoption of an unborn child shall be substantially as follows: CONSENT TO ADOPTION OF UNBORN CHILD I, ...., state: That I am the father of a child expected to be born on or about .... to .... (name of mother). That I reside at .... County of ...., and State of ..... That I am of the age of .... years. That I hereby enter my appearance in such adoption proceeding and waive service of summons on me. That I do hereby consent and agree to the adoption of such child, and that I have not previously executed a consent or surrender with respect to such child. That I wish to and do understand that by signing this consent I do irrevocably and permanently give up all custody and other parental rights I have to such child, except that I have the right to revoke this consent by giving written notice of my revocation not later than 72 hours after the birth of the child. That I understand such child will be placed for adoption and that, except as hereinabove provided, I cannot under any circumstances, after signing this document, change my mind and revoke
4620 JOURNAL OF THE [May 14, 1999] or cancel this consent or obtain or recover custody or any other rights over such child. That I have read and understand the above and I am signing it as my free and voluntary act. Dated (insert date). this .... day of ...., 19... ........................ B-5. (1) The parent of a child may execute a consent to standby adoption by a specified person or persons. A consent under this subsection B-5 shall be acknowledged by a parent pursuant to subsection H and subsection K of this Section. The form of consent required for the standby adoption of a born child effective at a future date when the terminally ill parent of the child dies or requests that a final judgment of adoption be entered shall be substantially as follows: FINAL AND IRREVOCABLE CONSENT TO STANDBY ADOPTION I, ..., (relationship, e.g. mother or father) of ...., a ..male child, state: That the child was born on .... at ..... That I reside at ...., County of ...., and State of ..... That I am of the age of .... years. That I hereby enter my appearance in this proceeding and waive service of summons on me in this action only. That I do hereby consent and agree to the standby adoption of the child, and that I have not previously executed a consent or surrender with respect to the child. That (I am terminally ill) (the child's other parent is terminally ill). That I wish to and understand that by signing this consent I do irrevocably and permanently give up all custody and other parental rights I have to the child, effective upon (my death) (the child's other parent's death) or upon (my) (the terminally ill parent's) request for the entry of a final judgment for adoption if ..... (specified person or persons) adopt my child. That I understand that until (I die) (the child's other parent dies), I retain all legal rights and obligations concerning the child, but at that time, I irrevocably give all custody and other parental rights to .... (specified person or persons). I understand my child will be adopted by ....... (specified person or persons) only and that I cannot, under any circumstances, after signing this document, change my mind and revoke or cancel this consent or obtain or recover custody or any other rights over my child if ..... (specified person or persons) adopt my child. I understand that this consent to standby adoption is valid only if the petition for standby adoption is filed and that if ....... (specified person or persons), for any reason, cannot or will not file a petition for standby adoption or if his, her, or their petition for standby adoption is denied, then this consent is void. I have the right to notice of any other proceeding that could affect my parental rights. That I have read and understand the above and I am signing it as my free and voluntary act. Dated (insert date). .................... If under Section 8 the consent of more than one person is required, then each such person shall execute a separate consent. A separate consent shall be executed for each child. (2) If the parent consents to a standby adoption by 2 specified persons, then the form shall contain 2 additional paragraphs in substantially the following form: If .... (specified persons) obtain a judgment of dissolution of
HOUSE OF REPRESENTATIVES 4621 marriage before the judgment for adoption is entered, then ..... (specified person) shall adopt my child. I understand that I cannot change my mind and revoke this consent or obtain or recover custody of my child if ..... (specified persons) obtain a judgment of dissolution of marriage and ..... (specified person) adopts my child. I understand that I cannot change my mind and revoke this consent if ...... (specified persons) obtain a judgment of dissolution of marriage before the adoption is final. I understand that this consent to adoption has no effect on who will get custody of my child if ..... (specified persons) obtain a judgment of dissolution of marriage after the adoption is final. I understand that if either ..... (specified persons) dies before the petition to adopt my child is granted, then the surviving person may adopt my child. I understand that I cannot change my mind and revoke this consent or obtain or recover custody of my child if the surviving person adopts my child. A consent to standby adoption by specified persons on this form shall have no effect on a court's determination of custody or visitation under the Illinois Marriage and Dissolution of Marriage Act if the marriage of the specified persons is dissolved before the adoption is final. (3) The form of the certificate of acknowledgement for a Final and Irrevocable Consent for Standby Adoption shall be substantially as follows: STATE OF .....) ) SS. COUNTY OF ....) I, ....... (name of Judge or other person) ..... (official title, name, and address), certify that ......., personally known to me to be the same person whose name is subscribed to the foregoing Final and Irrevocable Consent to Standby Adoption, appeared before me this day in person and acknowledged that (she) (he) signed and delivered the consent as (her) (his) free and voluntary act, for the specified purpose. I have fully explained that this consent to adoption is valid only if the petition to adopt is filed, and that if the specified person or persons, for any reason, cannot or will not adopt the child or if the adoption petition is denied, then this consent will be void. I have fully explained that if the specified person or persons adopt the child, by signing this consent (she) (he) is irrevocably and permanently relinquishing all parental rights to the child, and (she) (he) has stated that such is (her) (his) intention and desire. Dated (insert date). Signature.............................. (4) If a consent to standby adoption is executed in this form, the consent shall be valid only if the specified person or persons adopt the child. The consent shall be void if: (a) the specified person or persons do not file a petition for standby adoption of the child; or (b) a court denies the standby adoption petition. The parent shall not need to take further action to revoke the consent if the standby adoption by the specified person or persons does not occur, notwithstanding the provisions of Section 11 of this Act. C. The form of surrender to any agency given by a parent of a born child who is to be subsequently placed for adoption shall be substantially as follows and shall contain such other facts and statements as the particular agency shall require. FINAL AND IRREVOCABLE SURRENDER FOR PURPOSES OF ADOPTION I, .... (relationship, e.g., mother, father, relative, guardian) of ...., a ..male child, state: That such child was born on ...., at .....
4622 JOURNAL OF THE [May 14, 1999] That I reside at ...., County of ...., and State of ..... That I am of the age of .... years. That I do hereby surrender and entrust the entire custody and control of such child to the .... (the "Agency"), a (public) (licensed) child welfare agency with its principal office in the City of ...., County of .... and State of ...., for the purpose of enabling it to care for and supervise the care of such child, to place such child for adoption and to consent to the legal adoption of such child. That I hereby grant to the Agency full power and authority to place such child with any person or persons it may in its sole discretion select to become the adopting parent or parents and to consent to the legal adoption of such child by such person or persons; and to take any and all measures which, in the judgment of the Agency, may be for the best interests of such child, including authorizing medical, surgical and dental care and treatment including inoculation and anaesthesia for such child. That I wish to and understand that by signing this surrender I do irrevocably and permanently give up all custody and other parental rights I have to such child. That I understand I cannot under any circumstances, after signing this surrender, change my mind and revoke or cancel this surrender or obtain or recover custody or any other rights over such child. That I have read and understand the above and I am signing it as my free and voluntary act. Dated (insert date). this .... day of ...., 19... ........................ D. The form of surrender to an agency given by a parent of an unborn child who is to be subsequently placed for adoption shall be substantially as follows and shall contain such other facts and statements as the particular agency shall require. SURRENDER OF UNBORN CHILD FOR PURPOSES OF ADOPTION I, .... (father), state: That I am the father of a child expected to be born on or about .... to .... (name of mother). That I reside at ...., County of ...., and State of ..... That I am of the age of .... years. That I do hereby surrender and entrust the entire custody and control of such child to the .... (the "Agency"), a (public) (licensed) child welfare agency with its principal office in the City of ...., County of .... and State of ...., for the purpose of enabling it to care for and supervise the care of such child, to place such child for adoption and to consent to the legal adoption of such child, and that I have not previously executed a consent or surrender with respect to such child. That I hereby grant to the Agency full power and authority to place such child with any person or persons it may in its sole discretion select to become the adopting parent or parents and to consent to the legal adoption of such child by such person or persons; and to take any and all measures which, in the judgment of the Agency, may be for the best interests of such child, including authorizing medical, surgical and dental care and treatment, including inoculation and anaesthesia for such child. That I wish to and understand that by signing this surrender I do irrevocably and permanently give up all custody and other parental rights I have to such child. That I understand I cannot under any circumstances, after signing this surrender, change my mind and revoke or cancel this surrender or obtain or recover custody or any other rights over such child, except that I have the right to revoke this surrender by giving written
HOUSE OF REPRESENTATIVES 4623 notice of my revocation not later than 72 hours after the birth of such child. That I have read and understand the above and I am signing it as my free and voluntary act. Dated (insert date). this .... day of ...., 19... ........................ E. The form of consent required from the parents for the adoption of an adult, when such adult elects to obtain such consent, shall be substantially as follows: CONSENT I, ...., (father) (mother) of ...., an adult, state: That I reside at ...., County of .... and State of ..... That I do hereby consent and agree to the adoption of such adult by .... and ..... Dated (insert date). this .... day of .......... 19 ......................... F. The form of consent required for the adoption of a child of the age of 14 years or upwards, or of an adult, to be given by such person, shall be substantially as follows: CONSENT I, ...., state: That I reside at ...., County of .... and State of ..... That I am of the age of .... years. That I consent and agree to my adoption by .... and ..... Dated (insert date). this .... day of ......., 19... ........................ G. The form of consent given by an agency to the adoption by specified persons of a child previously surrendered to it shall set forth that the agency has the authority to execute such consent. The form of consent given by a guardian of the person of a child sought to be adopted, appointed by a court of competent jurisdiction, shall set forth the facts of such appointment and the authority of the guardian to execute such consent. H. A consent (other than that given by an agency, or guardian of the person of the child sought to be adopted appointed by a court of competent jurisdiction) shall be acknowledged by a parent before the presiding judge of the court in which the petition for adoption has been, or is to be filed or before any other judge or hearing officer designated or subsequently approved by the court, or the circuit clerk if so authorized by the presiding judge or, except as otherwise provided in this Act, before a representative of the Department of Children and Family Services or a licensed child welfare agency, or before social service personnel under the jurisdiction of a court of competent jurisdiction, or before social service personnel of the Cook County Department of Supportive Services designated by the presiding judge. I. A surrender, or any other document equivalent to a surrender, by which a child is surrendered to an agency shall be acknowledged by the person signing such surrender, or other document, before a judge or hearing officer or the clerk of any court of record, either in this State or any other state of the United States, or before a representative of an agency or before any other person designated or approved by the presiding judge of the court in which the petition for adoption has been, or is to be, filed. J. The form of the certificate of acknowledgment for a consent, a surrender, or any other document equivalent to a surrender, shall be substantially as follows: STATE OF ....) ) SS. COUNTY OF ...) I, .... (Name of judge or other person), .... (official title,
4624 JOURNAL OF THE [May 14, 1999] name and location of court or status or position of other person), certify that ...., personally known to me to be the same person whose name is subscribed to the foregoing (consent) (surrender), appeared before me this day in person and acknowledged that (she) (he) signed and delivered such (consent) (surrender) as (her) (his) free and voluntary act, for the specified purpose. I have fully explained that by signing such (consent) (surrender) (she) (he) is irrevocably relinquishing all parental rights to such child or adult and (she) (he) has stated that such is (her) (his) intention and desire. Dated (insert date). 19 Signature ............... K. When the execution of a consent or a surrender is acknowledged before someone other than a judge or the clerk of a court of record, such other person shall have his signature on the certificate acknowledged before a notary public, in form substantially as follows: STATE OF ....) ) SS. COUNTY OF ...) I, a Notary Public, in and for the County of ......, in the State of ......, certify that ...., personally known to me to be the same person whose name is subscribed to the foregoing certificate of acknowledgment, appeared before me in person and acknowledged that (she) (he) signed such certificate as (her) (his) free and voluntary act and that the statements made in the certificate are true. Dated (insert date). ......... 19... Signature ...................... Notary Public (official seal) There shall be attached a certificate of magistracy, or other comparable proof of office of the notary public satisfactory to the court, to a consent signed and acknowledged in another state. L. A surrender or consent executed and acknowledged outside of this State, either in accordance with the law of this State or in accordance with the law of the place where executed, is valid. M. Where a consent or a surrender is signed in a foreign country, the execution of such consent shall be acknowledged or affirmed in a manner conformable to the law and procedure of such country. N. If the person signing a consent or surrender is in the military service of the United States, the execution of such consent or surrender may be acknowledged before a commissioned officer and the signature of such officer on such certificate shall be verified or acknowledged before a notary public or by such other procedure as is then in effect for such division or branch of the armed forces. O. (1) The parent or parents of a child in whose interests a petition under Section 2-13 of the Juvenile Court Act of 1987 is pending may, with the approval of the designated representative of the Department of Children and Family Services, execute a consent to adoption by a specified person or persons: (a) in whose physical custody the child has resided for at least one year; or (b) in whose physical custody at least one sibling of the child who is the subject of this consent has resided for at least one year, and the child who is the subject of this consent is currently residing in this foster home; or (c) in whose physical custody a child under one year of age has resided for at least 3 months. A consent under this subsection O shall be acknowledged by a parent pursuant to subsection H and subsection K of this Section. (2) The consent to adoption by a specified person or persons
HOUSE OF REPRESENTATIVES 4625 shall have the caption of the proceeding in which it is to be filed and shall be substantially as follows: FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY A SPECIFIED PERSON OR PERSONS I, ......................................, the .................. (mother or father) of a ....male child, state: 1. My child ............................ (name of child) was born on (insert date) ............, ...... at .................... Hospital in ................ County, State of ............... 2. I reside at ......................, County of ............. and State of .............. 3. I, ..........................., am .... years old. 4. I enter my appearance in this action to adopt my child by the person or persons specified herein by me and waive service of summons on me in this action only. 5. I consent to the adoption of my child by ............................. (specified person or persons) only. 6. I wish to sign this consent and I understand that by signing this consent I irrevocably and permanently give up all parental rights I have to my child if my child is adopted by ............................. (specified person or persons). 7. I understand my child will be adopted by ............................. (specified person or persons) only and that I cannot under any circumstances, after signing this document, change my mind and revoke or cancel this consent or obtain or recover custody or any other rights over my child if ............................ (specified person or persons) adopt my child. 8. I understand that this consent to adoption is valid only if the petition to adopt is filed within one year from the date that I sign it and that if ....................... (specified person or persons), for any reason, cannot or will not file a petition to adopt my child within that one year period or if their adoption petition is denied, then this consent will be void. I have the right to notice of any other proceeding that could affect my parental rights, except for the proceeding for ............. (specified person or persons) to adopt my child. 9. I have read and understand the above and I am signing it as my free and voluntary act. Dated (insert date). this ..... day of ....., ....... ............................................. Signature of parent (3) If the parent consents to an adoption by 2 specified persons, then the form shall contain 2 additional paragraphs in substantially the following form: 10. If ............... (specified persons) get a divorce before the petition to adopt my child is granted, then .......... (specified person) shall adopt my child. I understand that I cannot change my mind and revoke this consent or obtain or recover custody over my child if ............. (specified persons) divorce and ............. (specified person) adopts my child. I understand that I cannot change my mind and revoke this consent or obtain or recover custody over my child if ................. (specified persons) divorce after the adoption is final. I understand that this consent to adoption has no effect on who will get custody of my child if they divorce after the adoption is final. 11. I understand that if either ............... (specified persons) dies before the petition to adopt my child is granted, then the surviving person can adopt my child. I understand that
4626 JOURNAL OF THE [May 14, 1999] I cannot change my mind and revoke this consent or obtain or recover custody over my child if the surviving person adopts my child. A consent to adoption by specified persons on this form shall have no effect on a court's determination of custody or visitation under the Illinois Marriage and Dissolution of Marriage Act if the marriage of the specified persons is dissolved after the adoption is final. (4) The form of the certificate of acknowledgement for a Final and Irrevocable Consent for Adoption by a Specified Person or Persons shall be substantially as follows: STATE OF..............) ) SS. COUNTY OF.............) I, .................... (Name of Judge or other person), ..................... (official title, name, and address), certify that ............., personally known to me to be the same person whose name is subscribed to the foregoing Final and Irrevocable Consent for Adoption by a Specified Person or Persons, appeared before me this day in person and acknowledged that (she)(he) signed and delivered the consent as (her)(his) free and voluntary act, for the specified purpose. I have fully explained that this consent to adoption is valid only if the petition to adopt is filed within one year from the date that it is signed, and that if the specified person or persons, for any reason, cannot or will not adopt the child or if the adoption petition is denied, then this consent will be void. I have fully explained that if the specified person or persons adopt the child, by signing this consent (she)(he) is irrevocably and permanently relinquishing all parental rights to the child, and (she)(he) has stated that such is (her)(his) intention and desire. Dated (insert date). ............., ........ ............................... Signature (5) If a consent to adoption by a specified person or persons is executed in this form, the following provisions shall apply. The consent shall be valid only if that specified person or persons adopt the child. The consent shall be void if: (a) the specified person or persons do not file a petition to adopt the child within one year after the consent is signed; or (b) a court denies the adoption petition; or (c) the Department of Children and Family Services Guardianship Administrator determines that the specified person or persons will not or cannot complete the adoption, or in the best interests of the child should not adopt the child. Within 30 days of the consent becoming void, the Department of Children and Family Services Guardianship Administrator shall make good faith attempts to notify the parent in writing and shall give written notice to the court and all additional parties in writing that the adoption has not occurred or will not occur and that the consent is void. If the adoption by a specified person or persons does not occur, no proceeding for termination of parental rights shall be brought unless the biological parent who executed the consent to adoption by a specified person or persons has been notified of the proceeding pursuant to Section 7 of this Act or subsection (4) of Section 2-13 of the Juvenile Court Act of 1987. The parent shall not need to take further action to revoke the consent if the specified adoption does not occur, notwithstanding the provisions of Section 11 of this Act. (6) The Department of Children and Family Services is authorized
HOUSE OF REPRESENTATIVES 4627 to promulgate rules necessary to implement this subsection O. (7) The Department shall collect and maintain data concerning the efficacy of specific consents. This data shall include the number of specific consents executed and their outcomes, including but not limited to the number of children adopted pursuant to the consents, the number of children for whom adoptions are not completed, and the reason or reasons why the adoptions are not completed. (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. 90-443); 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; revised 10-20-98.) (750 ILCS 50/11) (from Ch. 40, par. 1513) Sec. 11. Consents, surrenders, irrevocability. (a) A consent to adoption or standby adoption by a parent, including a minor, executed and acknowledged in accordance with the provisions of Section 8 of this Act, or a surrender of a child by a parent, including a minor, to an agency for the purpose of adoption shall be irrevocable unless it shall have been obtained by fraud or duress on the part of the person before whom such consent, surrender, or other document equivalent to a surrender is acknowledged pursuant to the provisions of Section 10 of this Act or on the part of the adopting parents or their agents and a court of competent jurisdiction shall so find. No action to void or revoke a consent to or surrender for adoption, including an action based on fraud or duress, may be commenced after 12 months from the date the consent or surrender was executed. The consent or surrender of a parent who is a minor shall not be voidable because of such minority. (b) The petitioners in an adoption proceeding are entitled to rely upon a sworn statement of the biological mother of the child to be adopted identifying the father of her child. The affidavit shall be conclusive evidence as to the biological mother regarding the facts stated therein, and shall create a rebuttable presumption of truth as to the biological father only. Except as provided in Section 11 of this Act, the biological mother of the child shall be permanently barred from attacking the proceeding thereafter. The biological mother shall execute such affidavit in writing and under oath. The affidavit shall be executed by the biological mother before or at the time of execution of the consent or surrender, and shall be retained by the court and be a part of the Court's files. The form of affidavit shall be substantially as follows: AFFIDAVIT OF IDENTIFICATION I, ................., the mother of a (male or female) child, state under oath or affirm as follows: (1) That the child was born, or is expected to be born, on (insert date), the ... day of ..........., 199.., at ......................., in the State of ................... (2) That I reside at .................., in the City or Village of ..........., State of ................... (3) That I am of the age of ....... years. (4) That I acknowledge that I have been asked to identify the father of my child. (5) (CHECK ONE) .... I know and am identifying the biological father. .... I do not know the identity of the biological father. .... I am unwilling to identify the biological father. (6A) If I know and am identifying the father: That the name of the biological father is ....................; his last known home address is ............; his last known work address is ....................; and he is ..... years of age; or he is deceased, having died on (insert date) the ...... day of ............, 19...., at .............., in the State of
4628 JOURNAL OF THE [May 14, 1999] .................. (6B) If I do not know the identity of the biological father: I do not know who the biological father is; the following is an explanation of why I am unable to identify him: ..................................................................... ..................................................................... ..................................................................... (6C) If I am unwilling to identify the biological father: I do not wish to name the biological father of the child for the following reasons: ..................................................................... ..................................................................... ..................................................................... (7) The physical description of the biological father is: ...... ..................................................................... ..................................................................... (8) I reaffirm that the information contained in paragraphs 5, 6, and 7, inclusive, is true and correct. (9) I have been informed and understand that if I am unwilling, refuse to identify, or misidentify the biological father of the child, absent fraud or duress, I am permanently barred from attacking the proceedings for the adoption of the child at any time after I sign a final and irrevocable consent to adoption or surrender for purposes of adoption. (10) I have read this Affidavit and have had the opportunity to review and question it; it was explained to me by ............................; and I am signing it as my free and voluntary act and understand the contents and the results of signing it. Dated (insert date). this... day of ..................., 199... ................................... Signature Under penalties as provided by law under Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this Affidavit are true and correct. ................................... Signature (Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96; revised 10-20-98.) (750 ILCS 50/13) (from Ch. 40, par. 1516) Sec. 13. Interim order. As soon as practicable after the filing of a petition for adoption the court shall hold a hearing for the following purposes: A. In other than an adoption of a related child or an adoption through an agency, or of an adult: (a) To determine the validity of the consent, provided that the execution of a consent pursuant to this Act shall be prima facie evidence of its validity, and provided that the validity of a consent shall not be affected by the omission therefrom of the names of the petitioners or adopting parents at the time the consent is executed or acknowledged, and further provided that the execution of a consent prior to the filing of a petition for adoption shall not affect its validity. (b) To determine whether there is available suitable temporary custodial care for a child sought to be adopted. B. In all cases except standby adoptions: (a) The court shall appoint some licensed attorney other than the State's attorney acting in his or her official capacity as guardian ad litem to represent a child sought to be adopted. Such guardian ad litem shall have power to consent to the adoption of the child, if such consent is required.
HOUSE OF REPRESENTATIVES 4629 (b) The court shall appoint a guardian ad litem for all named minors or defendants who are persons under legal disability, if any. (c) If the petition alleges a person to be unfit pursuant to the provisions of subparagraph (p) of paragraph D of Section 1 of this Act, such person shall be represented by counsel. If such person is indigent or an appearance has not been entered on his behalf at the time the matter is set for hearing, the court shall appoint as counsel for him either the Guardianship and Advocacy Commission, the public defender, or, only if no attorney from the Guardianship and Advocacy Commission or the public defender is available, an attorney licensed to practice law in this State. (d) If it is proved to the satisfaction of the court, after such investigation as the court deems necessary, that termination of parental rights and temporary commitment of the child to an agency or to a person deemed competent by the court, including petitioners, will be for the welfare of the child, the court may order the child to be so committed and may terminate the parental rights of the parents and declare the child a ward of the court or, if it is not so proved, the court may enter such other order as it shall deem necessary and advisable. (e) Before an interim custody order is granted under this Section, service of summons shall be had upon the parent or parents whose rights have not been terminated, except as provided in subsection (f). Reasonable notice and opportunity to be heard shall be given to the parent or parents after service of summons when the address of the parent or parents is available. The party seeking an interim custody order shall make all reasonable efforts to locate the parent or parents of the child or children they are seeking to adopt and to notify the parent or parents of the party's request for an interim custody order pursuant to this Section. (f) An interim custody order may be granted without notice upon presentation to the court of a written petition, accompanied by an affidavit, stating that there is an immediate danger to the child and that irreparable harm will result to the child if notice is given to the parent or parents or legal guardian. Upon making a finding that there is an immediate danger to the child if service of process is had upon and notice of hearing is given to the parent or parents or legal guardian prior to the entry of an order granting temporary custody to someone other than a parent or legal guardian, the court may enter an order of temporary custody which shall expire not more than 10 days after its entry. Every ex parte custody order granted without notice shall state the injury which the court sought to avoid by granting the order, the irreparable injury that would have occurred had notice been given, and the reason the order was granted without notice. The matter shall be set down for full hearing before the expiration of the ex parte order and will be heard after service of summons is had upon and notice of hearing is given to the parent or parents or legal guardian. At the hearing the burden of proof shall be upon the party seeking to extend the interim custody order to show that the order was properly granted without notice and that custody should remain with the party seeking to adopt during the pendency of the adoption proceeding. If the interim custody order is extended, the reasons for granting the extension shall be stated in the order. C. In the case of a child born outside the United States or a territory thereof, if the petitioners have previously been appointed
4630 JOURNAL OF THE [May 14, 1999] guardians of such child by a court of competent jurisdiction in a country other than the United States or a territory thereof, the court may order that the petitioners continue as guardians of such child. D. In standby adoption cases: (a) The court shall appoint a licensed attorney other than the State's Attorney acting in his or her official capacity as guardian ad litem to represent a child sought to be adopted. The guardian ad litem shall have power to consent to the adoption of the child, if consent is required. (b) The court shall appoint a guardian ad litem for all named minors or defendants who are persons under legal disability, if any. (c) The court lacks jurisdiction to proceed on the petition for standby adoption if the child has a living parent, adoptive parent, or adjudicated parent whose rights have not been terminated and whose whereabouts are known, unless the parent consents to the standby adoption or, after receiving notice of the hearing on the standby adoption petition, fails to object to the appointment of a standby adoptive parent at the hearing on the petition. (d) The court shall investigate as needed for the welfare of the child and shall determine whether the petitioner or petitioners shall be permitted to adopt. (Source: P.A. 89-644, eff. 1-1-97; 89-686, eff. 6-1-97; 90-14, eff. 7-1-97; 90-349, eff. 1-1-98.) (750 ILCS 50/13.1 new) Sec. 13.1. Order for standby adoption. (a) If it is proved to the satisfaction of the court, after such investigation as the court deems necessary, that the child's parent consents to or fails to object to the standby adoption and adoption by the petitioner will be for the welfare of the child, the court may enter an order for standby adoption. However, the consenting terminally ill parent's parental rights may not be terminated until consent becomes effective. (b) The order for standby adoption shall be final as to all findings and shall be followed in the judgment of adoption unless the court finds by clear and convincing evidence that it is no longer in the best interest of the child for the adoption to be finalized. (c) Once the standby adoptive parent receives knowledge of the death of the terminally ill parent, or the terminally ill parent requests that a final judgment for adoption be entered, the standby adoptive parent shall have 60 days to apply for a judgment for adoption. (750 ILCS 50/14) (from Ch. 40, par. 1517) Sec. 14. Judgment. (a) Prior to the entry of the judgment for order of adoption in any case other than an adoption of a related child or of an adult, each petitioner and each person, agency, association, corporation, institution, society or organization involved in the adoption of the child, except a child welfare agency, shall execute an affidavit setting forth the hospital and medical costs, legal fees, counseling fees, and any other fees or expenditures paid in accordance with the Adoption Compensation Prohibition Act. (b) Before the entry of the judgment for adoption, each child welfare agency involved in the adoption of the child shall file an affidavit concerning the costs, expenses, contributions, fees, compensation, or other things of value which have been given, promised, or received including but not limited to hospital and medical costs, legal fees, social services, living expenses, or any other expenses related to the adoption paid in accordance with the Adoption Compensation Prohibition Act. If the total amount paid by the child welfare agency is $4,500 or
HOUSE OF REPRESENTATIVES 4631 more, the affidavit shall contain an itemization of expenditures. If the total amount paid by the child welfare agency is less than $4,500, the agency may file an unitemized affidavit stating that the total amount paid is less than $4,500 unless the court, in its discretion, requires that agency to file an itemized affidavit. (c) No affidavit need be filed in the case of an adoption of a related child or an adult, nor shall an affidavit be required to be filed by a non-consenting parent, or by any judge, or clerk, involved in an official capacity in the adoption proceedings. (d) All affidavits filed in accordance with this Section shall be under penalty of perjury and shall include, but are not limited to, hospital and medical costs, legal fees, social services, living expenses or any other expenses related to the adoption or to the placement of the child, whether or not the payments are permitted by applicable laws. (e) Upon the expiration of 6 months after the date of any interim order vesting temporary care, custody and control of a child, other than a related child, in the petitioners, entered pursuant to this Act, the petitioners may apply to the court for a judgment of adoption. Notice of such application shall be served by the petitioners upon the investigating agency or the person making such investigation, and the guardian ad litem. After the hearing on such application, at which the petitioners and the child shall appear in person, unless their presence is waived by the court for good cause shown, the court may enter a judgment for adoption, provided the court is satisfied from the report of the investigating agency or the person making the investigation, and from the evidence, if any, introduced, that the adoption is for the welfare of the child and that there is a valid consent, or that no consent is required as provided in Section 8 of this Act. (f) A judgment for adoption of a related child, an adult, or a child as to whose adoption an agency or person authorized by law has the right of authority to consent may be entered at any time after service of process and after the return day designated therein. (f-5) A standby adoption judgment may be entered upon notice of the death of the terminally ill parent or upon the terminally ill parent's request that a final judgment for adoption be entered. The notice must be provided to the court within 60 days after the standby adoptive parent's receipt of knowledge of death of the terminally ill parent or the terminally ill parent's request that a final judgment for adoption be entered. If the court finds that adoption is for the welfare of the child and that there is a valid consent, including consent for standby adoption, which is still in effect, or that no consent is required under Section 8 of the Act, a judgment for adoption shall be entered unless the court finds by clear and convincing evidence that it is no longer in the best interest of the child for the adoption to be finalized. (g) No special findings of fact or certificate of evidence shall be necessary in any case to support the judgment. (h) Only the circuit court that entered the judgment of the adoption may order the issuance of any contents of the court file or that the original birth record of the adoptee be provided to any persons. (Source: P.A. 88-148.)". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2726 was placed on the Calendar on the order of Concurrence. A message from the Senate by
4632 JOURNAL OF THE [May 14, 1999] 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 2727 A bill for AN ACT to amend the Adoption Act by adding Section 14b. 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. 2727. Passed the Senate, as amended, May 13, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2727 on page 1 by deleting lines 21 through 27. The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2727 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 2733 A bill for AN ACT to amend the School Code by changing Section 18-8.05. 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. 2733. Passed the Senate, as amended, May 13, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2733 on page 5, line 30, by replacing "1.00%" with "1.05%"; and on page 11, line 24, by replacing "1.00%" with "1.05%". The foregoing message from the Senate reporting Senate Amendment
HOUSE OF REPRESENTATIVES 4633 No. 1 to HOUSE BILL 2733 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 2793 A bill for AN ACT in relation to State government. 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. 2793. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2793, by deleting lines 10 and 11 and inserting in lieu thereof the following: "Section 99. Effective date. This Act takes effect July 1, 1999.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2793 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 2823 A bill for AN ACT to amend the Illinois Vehicle Code by changing Sections 3-405 and 3-416. 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. 2823. Passed the Senate, as amended, May 13, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2823 on page 1, line 28, by
4634 JOURNAL OF THE [May 14, 1999] inserting after "3." the following: "The spouse and children of a person who may elect under this paragraph 1 to furnish the address of the headquarters of the government entity or police district where the person works instead of the person's residence address may, if they reside with that person, also elect to furnish the address of the headquarters of the government entity or police district where the person works as their residence address, in which case that address shall be deemed to be their residence address for all purposes under this Chapter 3."; and on page 3, line 27, by inserting after "address." the following: "If, in accordance with Section 3-405, the spouse and children of a police officer, deputy sheriff, elected sheriff, law enforcement officer for the Department of State Police, or fire investigator have furnished the address of the office of the headquarters of the governmental entity or police district where the police officer, deputy sheriff, elected sheriff, law enforcement officer for the Department of State Police, or fire investigator works instead of their residence address, the spouse and children shall notify the Secretary of State of their old address and new address within 10 days after the police officer, deputy sheriff, elected sheriff, law enforcement officer for the Department of State Police, or fire investigator is no longer employed by that governmental entity or police district as a police officer, deputy sheriff, elected sheriff, law enforcement officer for the Department of State Police, or fire investigator.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2823 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 2845 A bill for AN ACT to amend the Clerks of Courts Act by adding Section 30. 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. 2845. Passed the Senate, as amended, May 13, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2845 by replacing the title with the following: AN ACT to amend the Clerks of Courts Act by changing Sections 27.1, 27.1a, 27.2, and 27.2a."; and by replacing everything after the enacting clause with the following: "Section 5. The Clerks of Courts Act is amended by changing
HOUSE OF REPRESENTATIVES 4635 Sections 27.1, 27.1a, 27.2, and 27.2a as follows: (705 ILCS 105/27.1) (from Ch. 25, par. 27.1) Sec. 27.1. The fees of the Clerk of the Circuit Court in all counties having a population of 180,000 inhabitants or less shall be paid in advance, except as otherwise provided, and shall be as follows: (a) Civil Cases (1) All civil cases except as otherwise provided........................................... $40 (2) Judicial Sales (except Probate).......... $40 (b) Family (1) Commitment petitions under the Mental Health and Developmental Disabilities Code, filing transcript of commitment proceedings held in another county, and cases under the Juvenile Court Act of 1987........................................ $25 (2) Petition for Marriage Licenses........... $10 (3) Marriages in Court....................... $10 (4) Paternity................................ $40 (c) Criminal and Quasi-Criminal (1) Each person convicted of a felony........ $40 (2) Each person convicted of a misdemeanor, leaving scene of an accident, driving while intoxicated, reckless driving or drag racing, driving when license revoked or suspended, overweight, or no interstate commerce certificate, or when the disposition is court supervision....... $25 (3) Each person convicted of a business offense............................................ $25 (4) Each person convicted of a petty offense. $25 (5) Minor traffic, conservation, or ordinance violation, including without limitation when the disposition is court supervision: (i) For each offense.................... $10 (ii) For each notice sent to the defendant's last known address pursuant to subsection (c) of Section 6-306.4 of the Illinois Vehicle Code....................................... $2 (iii) For each notice sent to the Secretary of State pursuant to subsection (c) of Section 6-306.4 of the Illinois Vehicle Code....... $2 (6) When Court Appearance required........... $15 (7) Motions to vacate or amend final orders.. $10 (8) In ordinance violation cases punishable by fine only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of $50 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury. (d) Other Civil Cases (1) Money or personal property claimed does not exceed $500.................................... $10 (2) Exceeds $500 but not more than $10,000... $25
4636 JOURNAL OF THE [May 14, 1999] (3) Exceeds $10,000, when relief in addition to or supplemental to recovery of money alone is sought in an action to recover personal property taxes or retailers occupational tax regardless of amount claimed..................................... $45 (4) The Clerk of the Circuit Court shall be entitled to receive, in addition to other fees allowed by law, the sum of $50, as a fee for the services of a jury in every civil action not quasi-criminal in its nature and not a proceeding for the exercise of the right of eminent domain, and in every equitable action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing his jury demand. If such a fee is not paid by either party, no jury shall be called in the action, suit, or proceeding, and the same shall be tried by the court without a jury. (e) Confession of judgment and answer (1) When the amount does not exceed $1,000... $20 (2) Exceeds $1,000........................... $40 (f) Auxiliary Proceedings Any auxiliary proceeding relating to the collection of a money judgment, including garnishment, citation, or wage deduction action.... $5 (g) Forcible entry and detainer (1) For possession only or possession and rent not in excess of $10,000...................... $10 (2) For possession and rent in excess of $10,000............................................ $40 (h) Eminent Domain (1) Exercise of Eminent Domain............... $45 (2) For each and every lot or tract of land or right or interest therein subject to be condemned, the damages in respect to which shall require separate assessments by a jury............. $45 (i) Reinstatement Each case including petition for modification of a judgment or order of Court if filed later than 30 days after the entry of a judgment or order, except in forcible entry and detainer cases and small claims and except a petition to modify, terminate, or enforce a judgement or order for child or spousal support or to modify, suspend, or terminate an order for withholding, petition to vacate judgment of dismissal for want of prosecution whenever filed, petition to reopen an estate, or redocketing of any cause................ $20 (j) Probate (1) Administration of decedent's estates, whether testate or intestate, guardianships of the person or estate or both of a person under legal disability, guardianships of the person or estate or both of a minor or minors, or petitions to sell real estate in the administration of any estate.... $50 (2) Small estates in cases where the real and personal property of an estate does not exceed $5,000............................................. $25 (3) At any time during the administration of the estate, however, at the request of the Clerk, the Court shall examine the record of the estate
HOUSE OF REPRESENTATIVES 4637 and the personal representative to determine the total value of the real and personal property of the estate, and if such value exceeds $5,000 shall order the payment of an additional fee in the amount of.......................................... $40 (4) Inheritance tax proceedings.............. $15 (5) Issuing letters only for a certain specific reason other than the administration of an estate, including but not limited to the release of mortgage; the issue of letters of guardianship in order that consent to marriage may be granted or for some other specific reason other than for the care of property or person; proof of heirship without administration; or when a will is to be admitted to probate, but the estate is to be settled without administration..................... $10 (6) When a separate complaint relating to any matter other than a routine claim is filed in an estate, the required additional fee shall be charged for such filing............................ $45 (k) Change of Venue From a court, the charge is the same amount as the original filing fee; however, the fee for preparation and certification of record on change of venue, when original documents or copies are forwarded.......................................... $10 (l) Answer, adverse pleading, or appearance In civil cases.......... $15 With the following exceptions: (1) When the amount does not exceed $500..... $5 (2) When amount exceeds $500 but not $10,000. $10 (3) When amount exceeds $10,000.............. $15 (4) Court appeals when documents are forwarded, over 200 pages, additional fee per page over 200........................................... 10¢ (m) Tax objection complaints For each tax objection complaint containing one or more tax objections, regardless of the number of parcels involved or the number of taxpayers joining the complaint.................... $10 (n) Tax deed (1) Petition for tax deed, if only one parcel is involved........................................ $45 (2) For each additional parcel involved, an additional fee of.................................. $10 (o) Mailing Notices and Processes (1) All notices that the clerk is required to mail as first class mail........................... $2 (2) For all processes or notices the Clerk is required to mail by certified or registered mail, the fee will be $2 plus cost of postage. (p) Certification or Authentication (1) Each certification or authentication for taking the acknowledgement of a deed or other instrument in writing with seal of office.......... $2 (2) Court appeals when original documents are forwarded, 100 pages or under, plus delivery costs. $25 (3) Court appeals when original documents are forwarded, over 100 pages, plus delivery costs..... $60
4638 JOURNAL OF THE [May 14, 1999] (4) Court appeals when original documents are forwarded, over 200 pages, additional fee per page over 200........................................... 10¢ (q) Reproductions Each record of proceedings and judgment, whether on appeal, change of venue, certified copies of orders and judgments, and all other instruments, documents, records, or papers: (1) First page.......................... $1 (2) Next 19 pages, per page............. 50¢ (3) All remaining pages, per page....... 25¢ (r) Counterclaim When any defendant files a counterclaim as part of his or her answer or otherwise, or joins another party as a third party defendant, or both, he or she shall pay a fee for each such counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid. (s) Transcript of Judgment From a court, the same fee as if case originally filed. (t) Publications The cost of publication shall be paid directly to the publisher by the person seeking the publication, whether the clerk is required by law to publish, or the parties to the action. (u) Collections (1) For all collections made for others, except the State and County and except in maintenance or child support cases, a sum equal to 2% of the amount collected and turned over. (2) In any cases remanded to the Circuit Court from the Supreme Court or the Appellate Court, the Clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand. (3) In maintenance and child support matters, the Clerk may deduct from each payment an amount equal to the United States postage to be used in mailing the maintenance or child support check to the recipient. In such cases, the Clerk shall collect an annual fee of up to $36 from the person making such payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court administering the collection and distribution of maintenance and child support payments. Such sum shall be in addition to and separate from amounts ordered to be
HOUSE OF REPRESENTATIVES 4639 paid as maintenance or child support and shall be deposited in a separate Maintenance and Child Support Collection Fund of which the Clerk shall be the custodian, ex officio, to be used by the Clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court further maintenance and child support collection efforts in his office. 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. The Clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. The Clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in Section 7-703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. (v) Correction of Cases For correcting the case number or case title on any document filed in his office, to be charged against the party that filed the document.......... $10 (w) Record Search For searching a record, per year searched..... $4 (x) Printed Output For each page of hard copy print output, when case records are maintained on an automated medium. $2 (y) Alias Summons For each alias summons issued................. $2 (z) Expungement of Records For each expungement petition filed........... $15 (aa) Other Fees Any fees not covered by this Section shall be set by rule or administrative order of the Circuit Court, with the approval of the Supreme Court. (bb) Exemptions No fee provided for herein shall be charged to any unit of State or local government or school district unless the Court orders another party to pay such fee on its behalf. The fee requirements of this Section shall not apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government that is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws and ordinances. The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11-31-1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection. (cc) Adoptions (1) For an adoption.....................................$65 (2) Upon good cause shown, the court may waive the adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services. (dd) Adoption exemptions
4640 JOURNAL OF THE [May 14, 1999] No fee other than that set forth in subsection (cc) shall be charged to any person in connection with an adoption proceeding. (ee) Additional Services Beginning July 1, 1993, the clerk of the circuit court may provide such additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the public and by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be as agreed to between the clerk and the party making the request. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law. (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; revised 12-31-98.) (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a) Sec. 27.1a. The fees of the clerks of the circuit court in all counties having a population in excess of 180,000 but not more than 650,000 inhabitants in the instances described in this Section shall be as provided in this Section. The fees shall be paid in advance and shall be as follows: (a) Civil Cases. The fee for filing a complaint, petition, or other pleading initiating a civil action, with the following exceptions, shall be $150. (A) When the amount of money or damages or the value of personal property claimed does not exceed $250, $10. (B) When that amount exceeds $250 but does not exceed $500, $20. (C) When that amount exceeds $500 but does not exceed $2500, $30. (D) When that amount exceeds $2500 but does not exceed $15,000, $75. (E) For the exercise of eminent domain, $150. For each additional lot or tract of land or right or interest therein subject to be condemned, the damages in respect to which shall require separate assessment by a jury, $150. (a-1) Family. For filing a petition under the Juvenile Court Act of 1987, $25. For filing a petition for a marriage license, $10. For performing a marriage in court, $10. For filing a petition under the Illinois Parentage Act of 1984, $40. (b) Forcible Entry and Detainer. In each forcible entry and detainer case when the plaintiff seeks possession only or unites with his or her claim for possession of the property a claim for rent or damages or both in the amount of $15,000 or less, $40. When the plaintiff unites his or her claim for possession with a claim for rent or damages or both exceeding $15,000, $150. (c) Counterclaim or Joining Third Party Defendant. When any defendant files a counterclaim as part of his or her answer or otherwise or joins another party as a third party defendant, or both, the defendant shall pay a fee for each counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if
HOUSE OF REPRESENTATIVES 4641 that has been paid. (d) Confession of Judgment. In a confession of judgment when the amount does not exceed $1500, $50. When the amount exceeds $1500, but does not exceed $15,000, $115. When the amount exceeds $15,000, $200. (e) Appearance. The fee for filing an appearance in each civil case shall be $50, except as follows: (A) When the plaintiff in a forcible entry and detainer case seeks possession only, $20. (B) When the amount in the case does not exceed $1500, $20. (C) When that amount exceeds $1500 but does not exceed $15,000, $40. (f) Garnishment, Wage Deduction, and Citation. In garnishment affidavit, wage deduction affidavit, and citation petition when the amount does not exceed $1,000, $10; when the amount exceeds $1,000 but does not exceed $5,000, $20; and when the amount exceeds $5,000, $30. (g) Petition to Vacate or Modify. (1) Petition to vacate or modify any final judgment or order of court, except in forcible entry and detainer cases and small claims cases or a petition to reopen an estate, to modify, terminate, or enforce a judgment or order for child or spousal support, or to modify, suspend, or terminate an order for withholding, if filed before 30 days after the entry of the judgment or order, $40. (2) Petition to vacate or modify any final judgment or order of court, except a petition to modify, terminate, or enforce a judgment or order for child or spousal support or to modify, suspend, or terminate an order for withholding, if filed later than 30 days after the entry of the judgment or order, $60. (3) Petition to vacate order of bond forfeiture, $20. (h) Mailing. When the clerk is required to mail, the fee will be $6, plus the cost of postage. (i) Certified Copies. Each certified copy of a judgment after the first, except in small claims and forcible entry and detainer cases, $10. (j) Habeas Corpus. For filing a petition for relief by habeas corpus, $80. (k) Certification, Authentication, and Reproduction. (1) Each certification or authentication for taking the acknowledgment of a deed or other instrument in writing with the seal of office, $4. (2) Court appeals when original documents are forwarded, under 100 pages, plus delivery and costs, $50. (3) Court appeals when original documents are forwarded, over 100 pages, plus delivery and costs, $120. (4) Court appeals when original documents are forwarded, over 200 pages, an additional fee of 20 cents per page. (5) For reproduction of any document contained in the clerk's files: (A) First page, $2. (B) Next 19 pages, 50 cents per page. (C) All remaining pages, 25 cents per page. (l) Remands. In any cases remanded to the Circuit Court from the Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any
4642 JOURNAL OF THE [May 14, 1999] new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand. (m) Record Search. For each record search, within a division or municipal district, the clerk shall be entitled to a search fee of $4 for each year searched. (n) Hard Copy. For each page of hard copy print output, when case records are maintained on an automated medium, the clerk shall be entitled to a fee of $4. (o) Index Inquiry and Other Records. No fee shall be charged for a single plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court. (p) Commitment Petitions. For filing commitment petitions under the Mental Health and Developmental Disabilities Code and for filing a transcript of commitment proceedings held in another county, $25. (q) Alias Summons. For each alias summons or citation issued by the clerk, $4. (r) Other Fees. Any fees not covered in this Section shall be set by rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts. The clerk of the circuit court may provide additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law. (s) Jury Services. The clerk shall be entitled to receive, in addition to other fees allowed by law, the sum of $180, as a fee for the services of a jury in every civil action not quasi-criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury. (t) Voluntary Assignment. For filing each deed of voluntary assignment, $10; for recording the same, 25¢ for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein,
HOUSE OF REPRESENTATIVES 4643 as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions. (u) Expungement Petition. The clerk shall be entitled to receive a fee of $30 for each expungement petition filed and an additional fee of $2 for each certified copy of an order to expunge arrest records. (v) Probate. The clerk is entitled to receive the fees specified in this subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection: (1) For administration of the estate of a decedent (whether testate or intestate) or of a missing person, $100, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be $25. (B) When (i) proof of heirship alone is made, (ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be $25. (2) For administration of the estate of a ward, $50, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be $25. (B) When (i) letters of office are issued to a guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be $10. (3) In addition to the fees payable under subsection (v)(1) or (v)(2) of this Section, the following fees are payable: (A) For each account (other than one final account) filed in the estate of a decedent, or ward, $15. (B) For filing a claim in an estate when the amount claimed is $150 or more but less than $500, $10; when the amount claimed is $500 or more but less than $10,000, $25; when the amount claimed is $10,000 or more, $40; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant. (C) For filing in an estate a claim, petition, or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of testamentary trustees, $40. (D) For filing in an estate (i) the appearance of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee. (E) Except as provided in subsection (v)(3)(D), for filing the appearance of any person or persons, $10. (F) For each jury demand, $90. (G) For disposition of the collection of a judgment or settlement of an action or claim for wrongful death of a
4644 JOURNAL OF THE [May 14, 1999] decedent or of any cause of action of a ward, when there is no other administration of the estate, $30, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be $10. (H) For each certified copy of letters of office, of court order or other certification, $1, plus 50¢ per page in excess of 3 pages for the document certified. (I) For each exemplification, $1, plus the fee for certification. (4) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper. (5) The person on whose behalf a charge is incurred for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto. (6) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975. (w) Criminal and Quasi-Criminal Costs and Fees. (1) The clerk shall be entitled to costs in all criminal and quasi-criminal cases from each person convicted or sentenced to supervision therein as follows: (A) Felony complaints, $80. (B) Misdemeanor complaints, $50. (C) Business offense complaints, $50. (D) Petty offense complaints, $50. (E) Minor traffic or ordinance violations, $20. (F) When court appearance required, $30. (G) Motions to vacate or amend final orders, $20. (H) Motions to vacate bond forfeiture orders, $20. (I) Motions to vacate ex parte judgments, whenever filed, $20. (J) Motions to vacate judgment on forfeitures, whenever filed, $20. (K) Motions to vacate "failure to appear" or "failure to comply" notices sent to the Secretary of State, $20. (2) In counties having a population in excess of 180,000 but not more than 650,000 inhabitants, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows: (A) Minor traffic or ordinance violations, $10. (B) When court appearance required, $15. (3) In ordinance violation cases punishable by fine only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of $50 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury. (x) Transcripts of Judgment. For the filing of a transcript of judgment, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (y) Change of Venue.
HOUSE OF REPRESENTATIVES 4645 (1) For the filing of a change of case on a change of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (2) The fee for the preparation and certification of a record on a change of venue to another jurisdiction, when original documents are forwarded, $25. (z) Tax objection complaints. For each tax objection complaint containing one or more tax objections, regardless of the number of parcels involved or the number of taxpayers joining on the complaint, $25. (aa) Tax Deeds. (1) Petition for tax deed, if only one parcel is involved, $150. (2) For each additional parcel, add a fee of $50. (bb) Collections. (1) For all collections made of others, except the State and county and except in maintenance or child support cases, a sum equal to 2.5% of the amount collected and turned over. (2) Interest earned on any funds held by the clerk shall be turned over to the county general fund as an earning of the office. (3) For any check, draft, or other bank instrument returned to the clerk for non-sufficient funds, account closed, or payment stopped, $25. (4) In child support and maintenance cases, the clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court administering the collection and distribution of maintenance and child support payments. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex-officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court further maintenance and child supports in his or her office. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. The clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in Section 7-703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. (cc) Corrections of Numbers. For correction of the case number, case title, or attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, $15. (dd) Exceptions. (1) The fee requirements of this Section shall not apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney. (2) No fee provided herein shall be charged to any unit of
4646 JOURNAL OF THE [May 14, 1999] local government or school district. (3) The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11-31-1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection. (ee) Adoptions. (1) For an adoption.....................................$65 (2) Upon good cause shown, the court may waive the adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services. (ff) Adoption exemptions. No fee other than that set forth in subsection (ee) shall be charged to any person in connection with an adoption proceeding. (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.) (705 ILCS 105/27.2) (from Ch. 25, par. 27.2) Sec. 27.2. The fees of the clerks of the circuit court in all counties having a population in excess of 650,000 inhabitants but less than 3,000,000 inhabitants in the instances described in this Section shall be as provided in this Section. In addition, the fees provided in this Section shall apply to all units of local government and school districts in counties with more than 3,000,000 inhabitants. The fees shall be paid in advance and shall be as follows: (a) Civil Cases. The fee for filing a complaint, petition, or other pleading initiating a civil action, with the following exceptions, shall be $150. (A) When the amount of money or damages or the value of personal property claimed does not exceed $250, $10. (B) When that amount exceeds $250 but does not exceed $500, $20. (C) When that amount exceeds $500 but does not exceed $2500, $30. (D) When that amount exceeds $2500 but does not exceed $15,000, $75. (E) For the exercise of eminent domain, $150. For each additional lot or tract of land or right or interest therein subject to be condemned, the damages in respect to which shall require separate assessment by a jury, $150. (b) Forcible Entry and Detainer. In each forcible entry and detainer case when the plaintiff seeks possession only or unites with his or her claim for possession of the property a claim for rent or damages or both in the amount of $15,000 or less, $40. When the plaintiff unites his or her claim for possession with a claim for rent or damages or both exceeding $15,000, $150. (c) Counterclaim or Joining Third Party Defendant. When any defendant files a counterclaim as part of his or her answer or otherwise or joins another party as a third party defendant, or both, the defendant shall pay a fee for each counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid. (d) Confession of Judgment. In a confession of judgment when the amount does not exceed
HOUSE OF REPRESENTATIVES 4647 $1500, $50. When the amount exceeds $1500, but does not exceed $15,000, $115. When the amount exceeds $15,000, $200. (e) Appearance. The fee for filing an appearance in each civil case shall be $50, except as follows: (A) When the plaintiff in a forcible entry and detainer case seeks possession only; $20. (B) When the amount in the case does not exceed $1500, $20. (C) When that amount exceeds $1500 but does not exceed $15,000, $40. (f) Garnishment, Wage Deduction, and Citation. In garnishment affidavit, wage deduction affidavit, and citation petition when the amount does not exceed $1,000, $10; when the amount exceeds $1,000 but does not exceed $5,000, $20; and when the amount exceeds $5,000, $30. (g) Petition to Vacate or Modify. (1) Petition to vacate or modify any final judgment or order of court, except in forcible entry and detainer cases and small claims cases or a petition to reopen an estate, to modify, terminate, or enforce a judgment or order for child or spousal support, or to modify, suspend, or terminate an order for withholding, if filed before 30 days after the entry of the judgment or order, $40. (2) Petition to vacate or modify any final judgment or order of court, except a petition to modify, terminate, or enforce a judgment or order for child or spousal support or to modify, suspend, or terminate an order for withholding, if filed later than 30 days after the entry of the judgment or order, $60. (3) Petition to vacate order of bond forfeiture, $20. (h) Mailing. When the clerk is required to mail, the fee will be $6, plus the cost of postage. (i) Certified Copies. Each certified copy of a judgment after the first, except in small claims and forcible entry and detainer cases, $10. (j) Habeas Corpus. For filing a petition for relief by habeas corpus, $80. (k) Certification, Authentication, and Reproduction. (1) Each certification or authentication for taking the acknowledgment of a deed or other instrument in writing with the seal of office, $4. (2) Court appeals when original documents are forwarded, under 100 pages, plus delivery and costs, $50. (3) Court appeals when original documents are forwarded, over 100 pages, plus delivery and costs, $120. (4) Court appeals when original documents are forwarded, over 200 pages, an additional fee of 20 cents per page. (5) For reproduction of any document contained in the clerk's files: (A) First page, $2. (B) Next 19 pages, 50 cents per page. (C) All remaining pages, 25 cents per page. (l) Remands. In any cases remanded to the Circuit Court from the Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and
4648 JOURNAL OF THE [May 14, 1999] reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand. (m) Record Search. For each record search, within a division or municipal district, the clerk shall be entitled to a search fee of $4 for each year searched. (n) Hard Copy. For each page of hard copy print output, when case records are maintained on an automated medium, the clerk shall be entitled to a fee of $4. (o) Index Inquiry and Other Records. No fee shall be charged for a single plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court. (p) Commitment Petitions. For filing commitment petitions under the Mental Health and Developmental Disabilities Code, $25. (q) Alias Summons. For each alias summons or citation issued by the clerk, $4. (r) Other Fees. Any fees not covered in this Section shall be set by rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts. The clerk of the circuit court may provide additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law. (s) Jury Services. The clerk shall be entitled to receive, in addition to other fees allowed by law, the sum of $180, as a fee for the services of a jury in every civil action not quasi-criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury. (t) Voluntary Assignment. For filing each deed of voluntary assignment, $10; for recording the same, 25¢ for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as
HOUSE OF REPRESENTATIVES 4649 provided by this Section to be paid in other actions. (u) Expungement Petition. The clerk shall be entitled to receive a fee of $30 for each expungement petition filed and an additional fee of $2 for each certified copy of an order to expunge arrest records. (v) Probate. The clerk is entitled to receive the fees specified in this subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection: (1) For administration of the estate of a decedent (whether testate or intestate) or of a missing person, $100, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be $25. (B) When (i) proof of heirship alone is made, (ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be $25. (2) For administration of the estate of a ward, $50, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be $25. (B) When (i) letters of office are issued to a guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be $10. (3) In addition to the fees payable under subsection (v)(1) or (v)(2) of this Section, the following fees are payable: (A) For each account (other than one final account) filed in the estate of a decedent, or ward, $15. (B) For filing a claim in an estate when the amount claimed is $150 or more but less than $500, $10; when the amount claimed is $500 or more but less than $10,000, $25; when the amount claimed is $10,000 or more, $40; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant. (C) For filing in an estate a claim, petition, or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of testamentary trustees, $40. (D) For filing in an estate (i) the appearance of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee. (E) Except as provided in subsection (v)(3)(D), for filing the appearance of any person or persons, $10. (F) For each jury demand, $90. (G) For disposition of the collection of a judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, $30, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee,
4650 JOURNAL OF THE [May 14, 1999] including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be $10. (H) For each certified copy of letters of office, of court order or other certification, $1, plus 50¢ per page in excess of 3 pages for the document certified. (I) For each exemplification, $1, plus the fee for certification. (4) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper. (5) The person on whose behalf a charge is incurred for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto. (6) The executor, administrator, guardian, petitioner, or other interested person or his attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975. (w) Criminal and Quasi-Criminal Costs and Fees. (1) The clerk shall be entitled to costs in all criminal and quasi-criminal cases from each person convicted or sentenced to supervision therein as follows: (A) Felony complaints, $80. (B) Misdemeanor complaints, $50. (C) Business offense complaints, $50. (D) Petty offense complaints, $50. (E) Minor traffic or ordinance violations, $20. (F) When court appearance required, $30. (G) Motions to vacate or amend final orders, $20. (H) Motions to vacate bond forfeiture orders, $20. (I) Motions to vacate ex parte judgments, whenever filed, $20. (J) Motions to vacate judgment on forfeitures, whenever filed, $20. (K) Motions to vacate "failure to appear" or "failure to comply" notices sent to the Secretary of State, $20. (2) In counties having a population of more than 650,000 but fewer than 3,000,000 inhabitants, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows: (A) Minor traffic or ordinance violations, $10. (B) When court appearance required, $15. (3) In ordinance violation cases punishable by fine only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of $50 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury. (x) Transcripts of Judgment. For the filing of a transcript of judgment, the clerk shall be entitled to the same fee as if it were the commencement of new suit. (y) Change of Venue. (1) For the filing of a change of case on a change of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (2) The fee for the preparation and certification of a
HOUSE OF REPRESENTATIVES 4651 record on a change of venue to another jurisdiction, when original documents are forwarded, $25. (z) Tax objection complaints. For each tax objection complaint containing one or more tax objections, regardless of the number of parcels involved or the number of taxpayers joining in the complaint, $25. (aa) Tax Deeds. (1) Petition for tax deed, if only one parcel is involved, $150. (2) For each additional parcel, add a fee of $50. (bb) Collections. (1) For all collections made of others, except the State and county and except in maintenance or child support cases, a sum equal to 2.5% of the amount collected and turned over. (2) Interest earned on any funds held by the clerk shall be turned over to the county general fund as an earning of the office. (3) For any check, draft, or other bank instrument returned to the clerk for non-sufficient funds, account closed, or payment stopped, $25. (4) In child support and maintenance cases, the clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court administering the collection and distribution of maintenance and child support payments. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex-officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court further maintenance and child supports in his or her office. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. The clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in Section 7-703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. (cc) Corrections of Numbers. For correction of the case number, case title, or attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, $15. (dd) Exceptions. The fee requirements of this Section shall not apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney. The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11-31-1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions
4652 JOURNAL OF THE [May 14, 1999] authorized under that subsection. (ee) Adoptions. (1) For an adoption.....................................$65 (2) Upon good cause shown, the court may waive the adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services. (ff) Adoption exemptions. No fee other than that set forth in subsection (ee) shall be charged to any person in connection with an adoption proceeding. (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.) (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a) Sec. 27.2a. The fees of the clerks of the circuit court in all counties having a population of 3,000,000 or more inhabitants in the instances described in this Section shall be as provided in this Section. The fees shall be paid in advance and shall be as follows: (a) Civil Cases. The fee for filing a complaint, petition, or other pleading initiating a civil action, with the following exceptions, shall be $190. (A) When the amount of money or damages or the value of personal property claimed does not exceed $250, $15. (B) When that amount exceeds $250 but does not exceed $1000, $40. (C) When that amount exceeds $1000 but does not exceed $2500, $50. (D) When that amount exceeds $2500 but does not exceed $5000, $100. (E) When that amount exceeds $5000 but does not exceed $15,000, $150. (F) For the exercise of eminent domain, $150. For each additional lot or tract of land or right or interest therein subject to be condemned, the damages in respect to which shall require separate assessment by a jury, $150. (b) Forcible Entry and Detainer. In each forcible entry and detainer case when the plaintiff seeks possession only or unites with his or her claim for possession of the property a claim for rent or damages or both in the amount of $15,000 or less, $75. When the plaintiff unites his or her claim for possession with a claim for rent or damages or both exceeding $15,000, $225. (c) Counterclaim or Joining Third Party Defendant. When any defendant files a counterclaim as part of his or her answer or otherwise or joins another party as a third party defendant, or both, the defendant shall pay a fee for each counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid. (d) Confession of Judgment. In a confession of judgment when the amount does not exceed $1500, $60. When the amount exceeds $1500, but does not exceed $5000, $75. When the amount exceeds $5000, but does not exceed $15,000, $175. When the amount exceeds $15,000, $250. (e) Appearance. The fee for filing an appearance in each civil case shall be $75, except as follows: (A) When the plaintiff in a forcible entry and detainer case seeks possession only, $40.
HOUSE OF REPRESENTATIVES 4653 (B) When the amount in the case does not exceed $1500, $40. (C) When that amount exceeds $1500 but does not exceed $15,000, $60. (f) Garnishment, Wage Deduction, and Citation. In garnishment affidavit, wage deduction affidavit, and citation petition when the amount does not exceed $1,000, $15; when the amount exceeds $1,000 but does not exceed $5,000, $30; and when the amount exceeds $5,000, $50. (g) Petition to Vacate or Modify. (1) Petition to vacate or modify any final judgment or order of court, except in forcible entry and detainer cases and small claims cases or a petition to reopen an estate, to modify, terminate, or enforce a judgment or order for child or spousal support, or to modify, suspend, or terminate an order for withholding, if filed before 30 days after the entry of the judgment or order, $50. (2) Petition to vacate or modify any final judgment or order of court, except a petition to modify, terminate, or enforce a judgment or order for child or spousal support or to modify, suspend, or terminate an order for withholding, if filed later than 30 days after the entry of the judgment or order, $75. (3) Petition to vacate order of bond forfeiture, $40. (h) Mailing. When the clerk is required to mail, the fee will be $10, plus the cost of postage. (i) Certified Copies. Each certified copy of a judgment after the first, except in small claims and forcible entry and detainer cases, $15. (j) Habeas Corpus. For filing a petition for relief by habeas corpus, $125. (k) Certification, Authentication, and Reproduction. (1) Each certification or authentication for taking the acknowledgment of a deed or other instrument in writing with the seal of office, $6. (2) Court appeals when original documents are forwarded, under 100 pages, plus delivery and costs, $75. (3) Court appeals when original documents are forwarded, over 100 pages, plus delivery and costs, $150. (4) Court appeals when original documents are forwarded, over 200 pages, an additional fee of 25 cents per page. (5) For reproduction of any document contained in the clerk's files: (A) First page, $2. (B) Next 19 pages, 50 cents per page. (C) All remaining pages, 25 cents per page. (l) Remands. In any cases remanded to the Circuit Court from the Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand. (m) Record Search. For each record search, within a division or municipal district, the clerk shall be entitled to a search fee of $6 for each year searched.
4654 JOURNAL OF THE [May 14, 1999] (n) Hard Copy. For each page of hard copy print output, when case records are maintained on an automated medium, the clerk shall be entitled to a fee of $6. (o) Index Inquiry and Other Records. No fee shall be charged for a single plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court. (p) Commitment Petitions. For filing commitment petitions under the Mental Health and Developmental Disabilities Code, $50. (q) Alias Summons. For each alias summons or citation issued by the clerk, $5. (r) Other Fees. Any fees not covered in this Section shall be set by rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts. The clerk of the circuit court may provide additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law. (s) Jury Services. The clerk shall be entitled to receive, in addition to other fees allowed by law, the sum of $200, as a fee for the services of a jury in every civil action not quasi-criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury. (t) Voluntary Assignment. For filing each deed of voluntary assignment, $20; for recording the same, 50¢ for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions. (u) Expungement Petition. The clerk shall be entitled to receive a fee of $60 for each expungement petition filed and an additional fee of $4 for each certified copy of an order to expunge arrest records. (v) Probate. The clerk is entitled to receive the fees specified in this
HOUSE OF REPRESENTATIVES 4655 subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection: (1) For administration of the estate of a decedent (whether testate or intestate) or of a missing person, $150, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be $40. (B) When (i) proof of heirship alone is made, (ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be $40. (2) For administration of the estate of a ward, $75, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be $40. (B) When (i) letters of office are issued to a guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be $20. (3) In addition to the fees payable under subsection (v)(1) or (v)(2) of this Section, the following fees are payable: (A) For each account (other than one final account) filed in the estate of a decedent, or ward, $25. (B) For filing a claim in an estate when the amount claimed is $150 or more but less than $500, $20; when the amount claimed is $500 or more but less than $10,000, $40; when the amount claimed is $10,000 or more, $60; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant. (C) For filing in an estate a claim, petition, or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of testamentary trustees, $60. (D) For filing in an estate (i) the appearance of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee. (E) Except as provided in subsection (v)(3)(D), for filing the appearance of any person or persons, $30. (F) For each jury demand, $125. (G) For disposition of the collection of a judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, $50, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be $20. (H) For each certified copy of letters of office, of court order or other certification, $2, plus $1 per page in excess of 3 pages for the document certified. (I) For each exemplification, $2, plus the fee for certification.
4656 JOURNAL OF THE [May 14, 1999] (4) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper. (5) The person on whose behalf a charge is incurred for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto. (6) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975. (w) Criminal and Quasi-Criminal Costs and Fees. (1) The clerk shall be entitled to costs in all criminal and quasi-criminal cases from each person convicted or sentenced to supervision therein as follows: (A) Felony complaints, $125. (B) Misdemeanor complaints, $75. (C) Business offense complaints, $75. (D) Petty offense complaints, $75. (E) Minor traffic or ordinance violations, $30. (F) When court appearance required, $50. (G) Motions to vacate or amend final orders, $40. (H) Motions to vacate bond forfeiture orders, $30. (I) Motions to vacate ex parte judgments, whenever filed, $30. (J) Motions to vacate judgment on forfeitures, whenever filed, $25. (K) Motions to vacate "failure to appear" or "failure to comply" notices sent to the Secretary of State, $40. (2) In counties having a population of 3,000,000 or more, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows: (A) Minor traffic or ordinance violations, $30. (B) When court appearance required, $50. (3) In ordinance violation cases punishable by fine only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of $100 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury. (x) Transcripts of Judgment. For the filing of a transcript of judgment, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (y) Change of Venue. (1) For the filing of a change of case on a change of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (2) The fee for the preparation and certification of a record on a change of venue to another jurisdiction, when original documents are forwarded, $40. (z) Tax objection complaints. For each tax objection complaint containing one or more tax objections, regardless of the number of parcels involved or the number of taxpayers joining in the complaint, $50. (aa) Tax Deeds. (1) Petition for tax deed, if only one parcel is involved,
HOUSE OF REPRESENTATIVES 4657 $250. (2) For each additional parcel, add a fee of $100. (bb) Collections. (1) For all collections made of others, except the State and county and except in maintenance or child support cases, a sum equal to 3.0% of the amount collected and turned over. (2) Interest earned on any funds held by the clerk shall be turned over to the county general fund as an earning of the office. (3) For any check, draft, or other bank instrument returned to the clerk for non-sufficient funds, account closed, or payment stopped, $25. (4) In child support and maintenance cases, the clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court administering the collection and distribution of maintenance and child support payments. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex-officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court further maintenance and child supports in his or her office. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. The clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in Section 7-703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. (cc) Corrections of Numbers. For correction of the case number, case title, or attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, $25. (dd) Exceptions. (1) The fee requirements of this Section shall not apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney. (2) No fee provided herein shall be charged to any unit of local government or school district. The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11-31-1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection. (ee) Adoption. (1) For an adoption.....................................$65 (2) Upon good cause shown, the court may waive the adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois
4658 JOURNAL OF THE [May 14, 1999] Department of Children and Family Services. (ff) Adoption exemptions. No fee other than that set forth in subsection (ee) shall be charged to any person in connection with an adoption proceeding. (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.) Section 99. Effective date. This Act takes effect October 1, 1999.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2845 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 5 A bill for AN ACT making an appropriation to the Attorney General. 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. 5. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5, by replacing the title with the following: "AN ACT regarding appropriations."; and by replacing everything after the enacting clause with the following: "ARTICLE 1 Section 1. The following amounts, or so much of those amounts as may be necessary, respectively, for the objects and purposes named, are appropriated from federal funds to meet the ordinary and contingent expenses of the State Board of Education for the fiscal year ending June 30, 2000: From National Center for Education Statistics Fund (Common Core Data Survey): From National Center for Education Statistics Fund (Common Core Data Survey): For Contractual Services $75,000 For Travel 22,000 Total $97,000 From Federal Department of Education Fund (Title VII Bilingual): For Personal Services $68,600 For Employee Retirement Paid by Employer 2,800 For Retirement Contributions 7,600 For Social Security Contributions 5,000
HOUSE OF REPRESENTATIVES 4659 For Insurance 5,800 For Contractual Services 5,500 For Travel 5,000 For Commodities 200 For Printing 500 Total $101,000 From Federal Department of Education Fund (Emergency Immigrant Education): For Personal Services $22,100 For Employee Retirement Paid by Employer 900 For Retirement Contributions 2,200 For Social Security Contributions 1,700 For Insurance 5,800 For Contractual Services 31,000 For Travel 11,500 For Commodities 4,000 For Equipment 8,000 For Telecommunication 2,000 Total $89,200 From Department of Health and Human Services Fund (Training School Health Personnel): For Personal Services $87,000 For Employee Retirement Paid by Employer 3,500 For Retirement Contributions 9,400 For Social Security Contributions 2,200 For Insurance 11,600 For Contractual Services 152,100 For Travel 8,000 For Commodities 8,700 For Printing 4,500 For Equipment 8,500 For Telecommunications 2,500 Total $298,000 From the Federal Department of Education Fund (Goals 2000): For Personal Services $129,600 For Employee Retirement Paid by Employer 5,200 For Retirement Contributions 14,100 For Social Security Contributions 3,700 For Insurance 17,500 For Contractual Services 96,700 For Travel 28,500 For Equipment 1,000 For Telecommunications 1,800 Total $298,100 From ISBE Federal National Community Service Fund (Serve America): For Personal Services $20,000 For Employee Retirement Paid by Employer 800 For Retirement Contributions 2,200 For Social Security Contributions 200 For Insurance 3,000 For Contractual Services 1,000 For Travel 15,800 For Printing 2,000 Total $45,000 From Carnegie Foundation Grant Fund: For Contractual Services $90,000 For Travel 10,000 Total $100,000 From Federal Department of Agriculture Fund (Child
4660 JOURNAL OF THE [May 14, 1999] Nutrition): For Personal Services $2,980,000 For Employee Retirement Paid by Employer 124,000 For Retirement Contributions 313,400 For Social Security Contributions 140,000 For Insurance 374,700 For Contractual Services 1,441,300 For Travel 415,500 For Commodities 134,300 For Printing 137,200 For Equipment 252,500 For Telecommunications 59,500 Total $6,372,400 From Federal Department of Education Fund (Even Start): For Personal Services $120,100 For Employee Retirement Paid by Employer 5,000 For Retirement Contributions 13,600 For Social Security Contributions 5,000 For Insurance 15,000 For Contractual Services 21,200 For Travel 25,000 For Commodities 500 For Printing 1,500 For Equipment 1,000 Total $207,900 From Federal Department of Education Fund (Title 1): For Personal Services $2,182,900 For Employee Retirement Paid by Employer 87,400 For Retirement Contributions 234,200 For Social Security Contributions 53,800 For Insurance 242,200 For Contractual Services 458,700 For Travel 126,500 For Commodities 40,600 For Printing 8,500 For Equipment 83,200 For Telecommunications 34,000 Total $3,552,000 From Federal Department of Education Fund (Title I - Migrant Education): For Personal Services $46,800 For Employee Retirement Paid by Employer 1,900 For Retirement Contributions 5,200 For Social Security Contributions 2,500 For Insurance 4,400 For Contractual Services 123,500 For Travel 17,000 For Commodities 1,000 For Telecommunications 3,300 Total $205,600 From Federal Department of Education Fund (Title IV Safe and Drug Free Schools): For Personal Services $516,000 For Employee Retirement Paid by Employer 20,700 For Retirement Contributions 54,300 For Social Security Contributions 17,800 For Insurance 63,800 For Contractual Services 93,100 For Travel 56,000 For Commodities 1,000
HOUSE OF REPRESENTATIVES 4661 For Printing 1,500 For Equipment 20,000 For Telecommunications 8,000 Total $852,200 From Federal Department of Education Fund (Title II Eisenhower Professional Development): For Personal Services $450,000 For Employee Retirement Paid by Employer 20,000 For Retirement Contributions 50,300 For Social Security Contributions 20,000 For Insurance 55,000 For Contractual Services 186,100 For Travel 65,000 For Commodities 1,800 For Printing 1,500 For Equipment 22,000 For Telecommunications 5,300 Total $877,000 From Federal Department of Education Fund (McKinney Homeless Assistance): For Personal Services $60,500 For Employee Retirement Paid by Employer 2,500 For Retirement Contributions 6,700 For Social Security Contributions 1,000 For Insurance 5,800 For Contractual Services 137,900 For Travel 11,000 For Commodities 3,000 For Printing 10,000 For Equipment 5,000 Total $243,400 From Federal Department of Education Fund Personnel Development Part D Training): For Personal Services $67,500 For Employee Retirement Paid by Employer 2,700 For Retirement Contributions 7,500 For Social Security Contributions 2,600 For Insurance 5,800 For Contractual Services 84,300 For Travel 3,500 For Commodities 2,000 Total $175,900 From Federal Department of Education Fund (Pre-School): For Personal Services $432,900 For Employee Retirement Paid by Employer 17,400 For Retirement Contributions 46,800 For Social Security Contributions 24,500 For Insurance 50,800 For Contractual Services 390,400 For Travel 45,500 For Commodities 28,000 For Printing 25,100 For Equipment 5,500 For Telecommunications 6,100 Total $1,073,000 From Federal Department of Education Fund (Individuals with Disabilities Education Act - IDEA): For Personal Services $3,195,300 For Employee Retirement Paid by Employer 128,000 For Retirement Contributions 343,300
4662 JOURNAL OF THE [May 14, 1999] For Social Security Contributions 124,000 For Insurance 348,000 For Contractual Services 1,165,700 For Travel 241,300 For Commodities 35,100 For Printing 103,000 For Equipment 92,000 For Telecommunications 61,000 Total $5,836,700 From Federal Department of Education Fund (Deaf-Blind): For Personal Services $20,000 For Employee Retirement Paid by Employer 1,000 For Retirement Contributions 1,700 For Social Security Contributions 4,000 For Insurance 1,500 Total $28,200 From Federal Department of Education Fund (Vocational and Applied Technology Education Title II): For Personal Services $2,753,700 For Employee Retirement Paid by Employer 100,400 For Retirement Contributions 267,500 For Social Security Contributions 147,200 For Insurance 271,200 For Contractual Services 960,700 For Travel 240,300 For Commodities 16,800 For Printing 27,600 For Equipment 103,800 For Telecommunications 39,500 Total $4,928,700 From Federal Department of Education Fund (Vocational Education - Title III): For Personal Services $261,500 For Employee Retirement Paid by Employer 7,500 For Retirement Contributions 20,500 For Social Security Contributions 4,000 For Insurance 17,400 For Contractual Services 3,600 For Travel 15,000 For Commodities 800 For Equipment 15,000 Total $345,300 From Federal Department of Education Fund (Adult Education): For Personal Services $722,200 For Employee Retirement Paid by Employer 26,000 For Retirement Contributions 70,000 For Social Security Contributions 13,600 For Insurance 71,100 For Contractual Services 425,000 For Travel 124,500 For Commodities 2,900 For Printing 8,100 For Equipment 38,200 For Telecommunications 10,800 Total $1,512,400 From Federal Department of Education Fund (Title VI): For Personal Services $1,414,100 For Employee Retirement Paid by Employer 62,600 For Retirement Contributions 146,800
HOUSE OF REPRESENTATIVES 4663 For Social Security Contributions 57,000 For Insurance 181,500 For Contractual Services 742,800 For Travel 100,500 For Commodities 12,600 For Printing 45,900 For Equipment 30,000 For Telecommunications 56,000 Total $2,849,800 Total, Section 1 $30,088,800 Section 5. The following amounts, or so much of those amounts as may be necessary, respectively, for the objects and purposes named, are appropriated from federal funds to meet the ordinary and contingent expenses of the State Board of Education for the fiscal year ending June 30, 2000: From the Federal Department of Labor Fund: For operational costs and grants to implement the School-to-Work Program $24,000,000 From the Federal Department of Education Fund: For costs associated with the Christa McAulliffe Fellowship Program 75,000 For operational costs and grants to implement the Technology Literacy Program 20,000,000 For operational expenses for the Illinois Purchased Care Review Board 125,000 For costs associated with the Charter Schools Program 2,500,000 For costs associated with the Local Initiative in Character Education 1,000,000 For operational costs and grants for the Youth With Disabilities Program 800,000 For costs associated with the Department of Defense Troops to Teachers Program 100,000 For costs associated with the Title I Comprehensive Schools Reform Program 8,000,000 For costs associated with IDEA Improvement -Part D Program 2,000,000 For operational costs and grants to implement the Reading Excellence Act Program 30,000,000 For costs associated with the Linking Educational Technology project 3,000,000 For costs associated with the Advanced Placement Fee Payment Program 160,000 From the State Board of Education Job Training Partnership Act Fund: For operational costs and grants for the Job Training Partnership Act Program $4,595,400 Total, Section 5 $96,355,400 Section 10. The following amounts, or so much of those amounts as may be necessary, respectively, for the objects and purposes named, are appropriated from State funds to meet the ordinary and contingent expenses of the State Board of Education for the fiscal year ending June 30, 2000: - GENERAL OFFICE - From General Revenue Fund: For Personal Services $2,276,119 For Employee Retirement Paid by Employer 85,100 For Retirement Contributions 85,400 For Social Security Contributions 93,500
4664 JOURNAL OF THE [May 14, 1999] For Contractual Services 103,300 For Travel 48,700 For Commodities 10,500 Total $2,702,619 -EDUCATION SERVICES- From General Revenue Fund: For Personal Services $5,471,500 For Employee Retirement Paid by Employer 210,693 For Retirement Contributions 196,193 For Social Security Contributions 185,400 For Contractual Services 156,100 For Travel 76,000 For Commodities 8,000 For Printing 5,000 For Telecommunications 35,000 Total $6,343,886 -FINANCE AND ADMINISTRATION- From General Revenue Fund: For Personal Services $7,250,340 For Employee Retirement Paid by Employer 281,993 For Retirement Contributions 224,593 For Social Security Contributions 194,993 For Contractual Services 2,149,300 For Travel 191,300 For Commodities 99,300 For Printing 176,400 For Equipment 125,000 For Telecommunications 400,000 For Operation of Automotive Equipment 14,000 For Regional Board of School Trustees 10,000 For State Contribution to the Education Commission of the States 89,000 For Contractual Services for teacher dismissal hearing costs under Sections 24-12, 34-15, and 34-85 of the School Code 175,000 Total $11,381,219 -POLICY AND PLANNING- From General Revenue Fund: For Personal Services $ 1,668,541 For Employee Retirement Paid by Employer 65,400 For Retirement Contributions 63,700 For Social Security Contributions 56,300 For Contractual Services 81,500 For Travel 65,000 For Commodities 2,000 Total $2,002,441 -ACCOUNTABILITY AND QUALITY ASSURANCE- From General Revenue Fund: For Personal Services $2,883,095 For Employee Retirement Paid by Employer 110,000 For Retirement Contributions 87,800 For Social Security Contributions 87,900 For Contractual Services 44,000 For Travel 16,000 For Commodities 2,000 Total $3,230,795 -FINANCE AND ADMINISTRATION- From Driver Education Fund: For Personal Services $598,400 For Employee Retirement Paid by Employer 22,400
HOUSE OF REPRESENTATIVES 4665 For Retirement Contributions 9,300 For Social Security Contributions 20,000 For Insurance 69,700 For Contractual Services 57,700 For Travel 29,000 For Commodities 5,600 For Printing 12,000 For Equipment 29,700 For Telecommunications 15,000 Total $868,800 (Total, this Section $26,529,760; General Revenue Fund $25,660,960; Driver Education Fund $868,800.) Section 15. The following amounts, or so much of those amounts as may be necessary, respectively, for the objects and purposes named, are appropriated to the State Board of Education for Grants-In-Aid: From Federal Funds: For reimbursement to local education agencies, eligible recipients and other service providers as provided by the United States Department of Education: Emergency Immigrant Education Program $12,000,000 Title VII Foreign Language Assistance 500,000 Goals 2000 23,000,000 Title I - Even Start 5,000,000 Title 1 - Basic 350,000,000 Title 1 - Neglected/Delinquent 2,600,000 Title 1 - Improvement Grants 3,000,000 Title 1 - Capital Expense 3,000,000 Title 1 - Migrant Education 3,155,000 Title IV Safe and Drug Free Schools 27,000,000 Title II Eisenhower Professional Development 14,000,000 McKinney Education for Homeless Children 1,600,000 Pre-School 25,000,000 Individuals with Disabilities Education Act 200,000,000 Deaf-Blind 255,000 Vocational Education - Basic Grant 43,500,000 Vocational Education - Technical Preparation 6,000,000 Adult Education 18,000,000 Title VI 67,000,000 Total Federal Department of Education Fund $804,610,000 From the Driver Education Fund: For the reimbursement to school districts under the provisions of the Driver Education Act $15,750,000 From the Special Education Medicaid Matching Fund: For costs associated with Individuals with Disabilities and KidCare $225,000,000 From the Federal Department of Agriculture Fund: For reimbursement to local education agencies and eligible recipients for programs as provided by the United States Department of Agriculture for the Child Nutrition Program $385,000,000 From the ISBE Federal National Community Service Fund: For grants to local education agencies and eligible recipients for Learn and
4666 JOURNAL OF THE [May 14, 1999] Serve America $2,000,000 From the Carnegie Foundation Fund: For reimbursement to local education agencies and eligible recipients for programs provided by the Carnegie Foundation $50,000 (Total, this Section $1,427,410,000.) Section 20. The following amounts, or so much of those amounts as may be necessary, respectively, for the objects and purposes named, are appropriated to the State Board of Education for Grants-In-Aid: From the General Revenue Fund: For compensation of Regional Superintendents of Schools and assistants under Section 18-5 of the School Code $6,318,600 For payment of one time employer's contribution to Teachers' Retirement System as provided in the Early Retirement Incentive Provision of Public Act 87-1265 and under Section 16-133.2 of the Illinois Pension Code $142,900 For the Supervisory Expense Fund under Section 18-6 of the School Code $102,000 For orphanage tuition claims and State owned housing claims as provided under Section 18-3 of the School Code $16,000,000 For financial assistance to Local Education Agencies for the Philip J. Rock Center and School as provided by Section 14-11.02 of the School Code $2,760,000 For financial assistance to Local Education Agencies for the purpose of maintaining an educational materials coordinating unit as provided for by Section 14-11.01 of the School Code $1,062,000 For reimbursement to school districts for services and materials for programs under Section 14A-5 of the School Code $19,695,800 For tuition of disabled children attending schools under Section 14-7.02 of the School Code $53,000,000 For reimbursement to school districts for extraordinary special education and facilities under Section 14-7.02a of the School Code $213,500,000 For reimbursement to school districts for services and materials used in programs for the use of disabled children under Section 14-13.01 of the School Code $281,500,000 For reimbursement on a current basis only to school districts that provide for education of handicapped orphans from residential institutions as well as foster children who are mentally impaired or behaviorally disordered as provided under Section 14-7.03 of the School Code $128,500,000
HOUSE OF REPRESENTATIVES 4667 For financial assistance to Local Education Agencies with over 500,000 population to meet the needs of those children who come from environments where the dominant language is other than English under Section 34-18.2 of the School Code $31,833,200 For financial assistance to Local Education Agencies with under 500,000 population to meet the needs of those children who come from environments where the dominant language is other than English under Section 10-22.38a of the School Code $23,718,800 For distribution to eligible recipients for establishing and/or maintaining educational programs for Low Incidence Disabilities $1,500,000 For reimbursement to school districts qualifying under Section 29-5 of the School Code for a portion of the cost of transporting common school pupils $186,500,000 For reimbursement to school districts for a portion of the cost of transporting disabled students under Section 14-13.01(b) of the School Code $181,000,000 For reimbursement to school districts and for providing free lunch and breakfast programs under the provision of the School Free Lunch Program Act $19,500,000 For payment of costs of education of recipients of Public Assistance as provided in Section 10-22.20 of the School Code first and then for payment of costs as provided for in the Adult Education Act and Section 10-22.20 of the School Code $10,068,200 For providing the loan of textbooks to students under Section 18-17 of the School Code $22,872,800 Total, General Revenue Fund $1,199,574,300 Section 25. The following named sums, or so much of thereof as may be necessary, respectively are appropriated from the General Revenue Fund to the State Board of Education for Grants-In-Aid: For grants associated with the Work-Based Learning Program $839,900 For grants associated with the Illinois Administrators Academy $437,580 For grants associated with Scientific Literacy Programs and the Center on Scientific Literacy $6,328,000 For grants associated with the Substance Abuse and Violence Prevention Programs $2,502,000 For grants associated with Learning Improvement and Quality Assurance $6,216,500 For grants associated with the Vocational
4668 JOURNAL OF THE [May 14, 1999] Education Technical Preparation Program $4,824,329 For reimbursement to Local Educational Agencies as provided in Section 3-1 of the Adult Education Act and Section 10-20.22 of the School Code $8,937,100 For reimbursement to Local Educational Agencies for Adult Education - State Performance under the Adult Education Act and Section 10-20.22 of the School Code $9,000,000 For the purpose of providing funds to Local Education Agencies for the Illinois Governmental Student Internship Program $129,900 For distribution to eligible recipients to assist in conducting and improving Vocational Education Programs and Services $46,687,050 For grants to schools associated with the Academic Early Warning List $3,500,000 Total, this Section $89,402,359 Section 30. The following amounts, or so much of those amounts as may be necessary, respectively, are appropriated from the General Revenue Fund to the State Board of Education for the objects and purposes named: For costs associated with the Certificate Renewal Administrative Payment program $1,000,000 For operational costs to provide services associated with the Regional Office of Education for the City of Chicago $870,000 For funding the Illinois Teacher of the Year Program $150,000 For operational expenses and grants for Regional Offices of Education and Intermediate Service Centers $12,360,000 For independent outside evaluation of select programs operated by the Illinois State Board of Education $200,000 For funding the Statewide Bilingual Assessment Program $600,000 For operational costs and grants associated with the Career Awareness & Development Initiative $1,117,800 For costs associated with Jobs for Illinois Graduates Program $2,800,000 For costs associated with General Education Development (GED) testing $210,000 For costs associated with Teacher Framework Implementation $400,000 For costs associated with the Initiative for National Board Certification $75,000 For funding of the Regional Offices of Education Technology Plan $500,000 For costs associated with regional and local Optional Education Programs for dropouts, those at risk of dropping out, and Alternative Education Programs for chronic truants $17,460,000 For costs associated with establishing and conducting the Illinois Partnership Academies $600,000 For costs associated with funding Vocational Education Staff Development $1,299,800
HOUSE OF REPRESENTATIVES 4669 For administrative costs associated with Learning Standards $1,286,500 For costs associated with the Minority Transition Program $300,000 For funding the Golden Apple Scholars Program $1,704,300 For the development of tests of Basic Skills and subject matter knowledge for individuals seeking certification and for tests of Basic Skills for individuals currently enrolled in education programs $655,000 For operational expenses of financial audits of each Regional Office of Education in the State as approved by Section 2-3.17a of the School Code $506,300 For administrative cost associated with the Work-Based Learning Program $160,100 For costs associated with the Illinois Student Achievement Test (ISAT) $12,897,000 For costs associated with the Prairie State Achievement Exam $4,795,000 For the development of a Consumer Education Proficiency Test $150,000 For funding the Urban Education Partnership Grants $1,450,000 For administrative costs associated with the Illinois Administrators Academy $420,420 For administrative costs associated with the Scientific Literacy and the Center on Scientific Literacy $2,255,000 For administrative costs associated with the Substance Abuse and Violence Prevention Programs $248,000 For administrative costs associated with the Learning Improvement and Quality Assurance $2,810,000 For administrative costs associated with the Vocational Education Technical Preparation program $363,121 For operational expenses of administering the Early Childhood Block Grant $559,000 For funding the Illinois State Board of Education Technology Program $850,000 For operational costs and reimbursement to a parent or guardian under the Transportation provisions of Section 29-5.2 of the School Code $10,120,000 For operational costs of the Residential Services Authority for Behavior Disorders and Severely Emotionally Disturbed Children and Adolescents $358,800 For funding the Teachers Academy for Math and Science in Chicago $5,500,000 For operational costs associated with administering the Reading Improvement Block Grant $389,500 For operational costs associated with administering the Professional Development Block Grant $263,270 For purposes of providing liability coverage to certificated persons in
4670 JOURNAL OF THE [May 14, 1999] accordance with Section 2-3.124 of the School Code $1,000,000 For Operational Expenses for the Illinois Purchase Care Review Board $166,400 For costs associated with Cory H. Compliance $1,000,000 For costs associated with the Regional Offices of Education School Bus Driver Training Programs $50,000 Total, this Section $89,900,311 Section 35. The following amounts, or so much of those amounts as may be necessary, are appropriated from the General Revenue Fund to the State Board of Education for the objects and purposes named: For grants associated with the Leadership Development Institute Program $350,000 For distribution to school districts pursuant to the recommendations of the State Board of Education for Hispanic Programs $374,600 For funding the Professional Development Block Grant, pursuant to Section 1C-2 of the School Code $26,064,230 For funding the Early Childhood Block Grant pursuant to Section 1C-2 of the School Code $169,612,800 For grants to school districts for Reading Programs for teacher aides, reading specialists, for reading and library materials and other related programs for students in K-6 grades and other authorized purposes under Section 2-3.51 of the School Code $83,000,000 For grants to Local Educational Agencies to conduct Agricultural Education Programs $2,000,000 For grants to local districts for planning district-wide Comprehensive Arts Programs for for students in kindergarten through grade 6 $499,700 For grants to Regional Offices of Education to operate Alternative Education Programs for disruptive students pursuant to Article 13A of the School Code $15,352,000 For distribution to school districts who initiate free transportation services to eligible pupils as transportation loans authorized in Section 29-18 of the School Code $520,0000 Total, this Section $297,773,330 Section 40. The following named amounts, or so much of that amount as may be necessary, are appropriated from the General Revenue Fund to the State Board of Education for the Technology for Success Program for the purpose of implementing the use of computer technology in the classroom as follows: For administrative cost associated with the Technology for Success Program $19,300,000 For grants associated with the Technology for Success Program $28,950,000 Total this Section $48,250,000 Section 45. In addition to any amount previously or elsewhere appropriated, the sum of $20,000,000 is appropriated to the State Board of Education from the School Infrastructure Fund for the purpose of depositing into the
HOUSE OF REPRESENTATIVES 4671 School Technology Revolving Loan Fund. Section 50. The following named amounts, or so much of that amount as may be necessary, are appropriated to the State Board of Education for the School Construction Program as follows: Payable from the School Infrastructure Fund: For administrative costs associated with the Capital Assistance Program $600,000 Payable from the School Technology Revolving Loan Program Fund: For the purpose of making grants pursuant to Section 2-3.117(a) of the School Code $50,000,000 Total, this Section $50,600,000 Section 55. The amount of $565,000, or so much of that amount as may be necessary, is appropriated from the General Revenue Fund for deposit into the Temporary Relocation Expenses Revolving Grant Fund for use by the State Board of Education, as provided in Section 2-3.77 of the School Code. Section 60. The amount of $565,000, or so much thereof as may be necessary, is appropriated from the Temporary Relocation Expenses Revolving Grant Fund to the State Board of Education as provided in Section 2-3.77 of the School Code, to be allocated as follows: For Loans $188,330 For Grants $376,670 Section 65. The amount of $250,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the State Board of Education for funding the Metro East Consortium for Student Advocacy. Section 70. The amount of $657,300, or so much of that amount as may be necessary, is appropriated from the General Revenue Fund to the State Board of Education for reimbursement of expenses related to the performance of criminal background investigations pursuant to Sections 10-21.9 and 34-18.5 of the School Code. Section 75. The amount of $1,340,100, or so much of that amount as may be necessary, is appropriated from the General Revenue Fund to the State Board of Education for reimbursement of expenses related to printing and distributing school report cards pursuant to Sections 10-17a and 34-88 of the School Code. Section 80. The amount of $1,093,000 or so much of that amount as may be necessary is appropriated from the State Board of Education State Trust Fund to the State Board of Education for expenditures by the Board in accordance with grants which the Board has received or may receive from private sources in support of projects that are within the lawful powers of the board. Section 85. The amount of $450,000, or so much of that amount as may be necessary, is appropriated from the Teacher Certificate Fee Revolving Fund to the State Board of Education for costs associated with the issuing of teacher's certificates. Section 90. The following amounts, or so much of those amounts as may be necessary, respectively, are appropriated to the State Board of Education for the following objects and purposes: Payable from the Common School Fund: For general apportionment as provided by Section 18-8 of the School Code $2,451,567,784
4672 JOURNAL OF THE [May 14, 1999] For the General State Aid Adjustment Grant as provided by Section 18-8.05(N) of the School Code $25,000,000 Payable from the General Revenue Fund: For summer school payments as provided by Section 18-4.3 of the School Code $5,600,000 For supplementary payments to school districts as provided in Section 18-8.2, Section 18-8.3, Section 18-8.5, and Section 18-8A(5)(m) of of the School Code $4,463,000 Total, this Section $2,486,630,784 Section 95. The following amount, or so much of that amount as may be necessary, is appropriated from the Education Assistance Fund to the State Board of Education for the following object and purpose: For general apportionment as provided by Section 18-8 of the School Code $466,965,292 Section 100. The amount of $185,800, or so much of that amount as may be necessary, is appropriated from the General Revenue Fund to the State Board of Education per Section 18-4.4 of the School Code for Tax Equivalent Grants. Section 105. The amount of $25,596,950, or so much of that amount as may be necessary, is appropriated from the General Revenue Fund to the State Board of Education to fund block grants to school districts for school safety and educational improvement programs pursuant to Section 2-3.51.5 of the School Code. Section 110. The amount of $300,000, or so much of that amount as may be necessary, is appropriated from the General Revenue Fund to the State Board of Education for the purchase of school bus safety control devices to be competitively granted to school districts statewide. Section 115. The amount of $805,000, or so much of that amount as may be necessary, is appropriated from the School District Emergency Financial Assistance Fund to the State Board of Education for the emergency financial assistance pursuant to Section 1B-8 of the School Code. Section 120. The amount of $48,805,214, or so much of that amount as may be necessary, is appropriated from the General Revenue Fund to the State Board of Education for supplementary payments to school districts under the subsection 5(o) of Section 18-8 of the School Code. Section 125. The sum of $1,700,000, or so much of that amount as may be necessary, is appropriated from the General Revenue Fund to the State Board of Education for a grant to the Electronic Long Distance Network, Inc. Section 130. The amount of $500,000, or so much of that amount as may be necessary, is appropriated from the School Technology Revolving Fund to the State Board of Education for funding the Statewide Educational Network. Section 135. The sum of $175,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the State Board of Education for a grant to the Recording for the Blind and Dyslexic for programs and services in support of Illinois citizens with visual and reading impairments. Section 140. The following named amounts, or so much as may be necessary, are appropriated to the State Board of Education for the Charter School Program as follows: From the General Revenue Fund: For Grants $10,000,000
HOUSE OF REPRESENTATIVES 4673 For deposit into the Charter Schools Revolving Loan Fund $1,000,000 From the Charter Schools Revolving Loan Fund: For Loans $1,000,000 Section 145. The amount of $24,192,100, or so much as may be necessary and remains unexpended on June 30, 1999, from appropriations heretofore made for such purposes in Section 20 of Public Act 90-585, Article 13, is reappropriated from the General Revenue Fund to the State Board of Education for providing the loan of textbooks to Students under Section 18-17 of the School Code. Section 150. The sum of $100,000 is appropriated from the Private Business and Vocational Schools Fund to the State Board of Education for administrative costs associated with the Private Business and Vocational Schools Act. Section 155. The sum of $50,000 is appropriated from the State Board of Education Fund to the State Board of Education for expenditures by the Board in accordance with fees or registration amounts the Board has received or may receive in support of projects that are within the lawful powers of the Board. Section 160. No part of the money appropriated by this Act shall be distributed to any school district in which any students are excluded from or segregated in any public schools within the meaning of the School Code, because of race, color, or national origin. ARTICLE 2 Section 5. The amount of $29,175,000, or so much of that amount as may be necessary, is appropriated from the General Revenue Fund to the Teachers' Retirement System of the State of Illinois for transfer into the Teachers' Health Insurance Security Fund as the State's contribution for teachers' health benefits. Section 10. The following amounts, or so much thereof as may be necessary, are appropriated to the Teachers' Retirement System of the State of Illinois for the State's Contribution, as provided by law: Payable from the General Revenue Fund $57,843,900 Payable from the Common School Fund $520,595,100 Total, this Section $578,439,000 ARTICLE 3 Section 5. The amount of $65,044,700, or so much of that amount as may be necessary, is appropriated from the Common School Fund to the Public School Teachers' Pension and Retirement Fund of Chicago for the State's Contribution, as provided by law and pursuant to PA 90-548. Section 999. Effective date. This Act takes effect July 1, 1999.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 5 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 52 A bill for AN ACT making appropriations.
4674 JOURNAL OF THE [May 14, 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. 52. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 52, by replacing the title with the following: "AN ACT regarding appropriations."; and by replacing everything after the enacting clause with the following: "ARTICLE 1 Section 1. The sum of $1,048,047, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Southwestern Illinois Development Authority for payment of principal and interest on bonds issued on behalf of Laclede Steel. ARTICLE 2 Section 1. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated for the objects and purposes hereinafter named, to meet the ordinary and contingent expenses of the Illinois Planning Council on Developmental Disabilities: Payable from Planning Council on Developmental Disabilities Federal Fund: For Personal Services ........................ $ 711,300 For Employee Retirement Contributions Paid By Employer............................. 28,500 For State Contributions to the State Employees' Retirement System ................. 69,700 For State Contributions to Social Security ............................. 54,100 For Group Insurance .......................... 87,000 For Contractual Services ..................... 469,700 For Travel ................................... 43,000 For Commodities .............................. 30,000 For Printing ................................. 37,500 For Equipment ................................ 15,000 For Electronic Data Processing ............... 20,000 For Telecommunications Services .............. 45,000 For Costs Associated with the Illinois Transition Consortium .............. 0 Total $1,610,800 Section 2. The amount of $2,500,000, or so much thereof as may be necessary, is appropriated from the Planning Council on Developmental Disabilities Federal Fund to the Illinois Planning Council on Developmental Disabilities for awards and grants to community agencies and other State agencies. ARTICLE 3 Section 1. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the Department of Human Rights for the objects and purposes hereinafter enumerated: ADMINISTRATION Payable from General Revenue Fund: For Personal Services ........................ $ 582,500
HOUSE OF REPRESENTATIVES 4675 For Employee Retirement Contributions Paid by Employer ............................ 23,300 For State Contributions to State Employees' Retirement System ................ 56,600 For State Contributions to Social Security ............................. 41,800 For Contractual Services ..................... 42,600 For Travel ................................... 3,400 For Commodities .............................. 3,400 For Printing ................................. 3,200 For Equipment................................. 13,100 For Telecommunications Services .............. 27,100 For Operation of Auto Equipment .............. 11,600 Total $808,600 Section 2. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the Department of Human Rights for the objects and purposes hereinafter enumerated: DIVISION OF CHARGE PROCESSING Payable from General Revenue Fund: For Personal Services ........................ $ 3,891,700 For Employee Retirement Contributions Paid by Employer ............................ 155,700 For State Contributions to State Employees' Retirement System ................ 378,100 For State Contributions to Social Security ............................. 297,800 For Contractual Services ..................... 63,000 For Travel ................................... 26,300 For Commodities .............................. 6,800 For Printing ................................. 1,300 For Equipment ................................ 21,900 For Telecommunications Services .............. 67,700 Total $4,910,300 Payable from Special Projects Division Fund: For Personal Services ........................ $ 1,107,000 For Employee Retirement Contributions Paid by Employer ............................ 44,300 For State Contributions to State Employees' Retirement System ................ 107,500 For State Contributions to Social Security ............................. 84,700 For Group Insurance .......................... 174,000 For Contractual Services ..................... 380,000 For Travel ................................... 58,000 For Commodities .............................. 25,800 For Printing ................................. 10,800 For Equipment ................................ 49,000 For Telecommunications Services .............. 88,000 Total $2,129,100 Section 3. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the Department of Human Rights for the objects and purposes hereinafter enumerated: COMPLIANCE Payable from General Revenue Fund: For Personal Services ........................ $ 796,100 For Employee Retirement Contributions Paid by Employer ............................ 31,900 For State Contributions to State Employees' Retirement System ................ 77,300
4676 JOURNAL OF THE [May 14, 1999] For State Contributions to Social Security ............................. 60,200 For Contractual Services ..................... 3,600 For Travel ................................... 16,200 For Commodities .............................. 2,100 For Printing ................................. 1,000 For Telecommunications Services .............. 14,000 Total $1,002,400 ARTICLE 4 Section 1. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to meet the ordinary and contingent expenses of the Department of Military Affairs: FOR OPERATIONS OFFICE OF THE ADJUTANT GENERAL Payable from General Revenue Fund: For Personal Services ........................ $ 1,255,400 For Employee Retirement Contributions Paid By Employer ............................ 50,100 For State Contributions to State Employees' Retirement System ................ 121,400 For State Contributions to Social Security ............................. 95,800 For Contractual Services ..................... 34,000 For Travel ................................... 15,900 For Commodities .............................. 15,700 For Printing ................................. 5,900 For Equipment ................................ 40,400 For Electronic Data Processing ............... 56,300 For Telecommunications Services .............. 35,500 For Operation of Auto Equipment .............. 20,000 For State Officer's Candidate School ......... 2,200 For Lincoln's Challenge ...................... 2,613,600 Total $4,362,200 Payable from Federal Support Agreement Revolving Fund: Army/Air Reimbursable Positions .............. 4,504,300 Lincoln's Challenge .......................... 4,398,500 Lincoln's Challenge Stipend Payments ......... 1,700,000 Total $10,602,800 FACILITIES OPERATIONS Payable from General Revenue Fund: For Personal Services ........................ $ 5,092,800 For Employee Retirement Contributions Paid by Employer ............................ 203,700 For State Contributions to State Employees' Retirement System ................ 495,000 For State Contributions to Social Security ............................. 389,600 For Contractual Services ..................... 2,150,500 For Commodities .............................. 112,100 For Equipment ................................ 55,200 Total $8,498,900 Section 2. The sum of $3,500,000, or so much thereof as may be necessary, is appropriated from the Federal Support Agreement Revolving Fund to the Department of Military Affairs for expenses related to Army National Guard Facilities operations and maintenance as provided for in the Cooperative Funding Agreements, including costs in prior years. Section 3. The sum of $275,000, or so much thereof as
HOUSE OF REPRESENTATIVES 4677 may be necessary, is appropriated from the Federal Support Agreement Revolving Fund to the Department of Military Affairs for expenses related to the Bartonville and Kankakee armories for operations and maintenance according to the Joint-Use Agreement. Section 4. The sum of $48,500, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Military Affairs for rehabilitation and minor construction at armories and camps. Section 5. The sum of $16,500, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Military Affairs for expenses related to the care and preservation of historic artifacts. Section 6. The sum of $1,500,000, or so much thereof as may be necessary, is appropriated from the Military Affairs Trust Fund to the Department of Military Affairs to support youth and other programs, provided such amounts shall not exceed funds to be made available from public or private sources. Section 7. The sum of $43,400, or so much of that sum as may be necessary and remains unexpended at the close of business on June 30, 1999 from reappropriations heretofore made in Article 42, Section 9 of Public Act 90-0585, is reappropriated from the Illinois National Guard Armory Construction Fund to the Department of Military Affairs to provide the State's share in the costs of planning a new armory in Danville. Section 8. The sum of $262,400, or so much thereof as may be necessary, and remains unexpended at the close of business on June 30, 1999 from appropriations heretofore made in Article 42, Section 10 of Public Act 90-0585, is reappropriated from the Illinois National Guard Armory Construction Fund for land acquisition and construction of parking facilities at armories. Section 9. No contract shall be entered into or obligation incurred for any expenditures made from an appropriation herein made in Sections 4, 7 and 8 of this Article until after the purpose and amounts have been approved in writing by the Governor. ARTICLE 5 Section 1. The sum of $4,079,400, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from reappropriations heretofore made in Article 80, Section 1 of Public Act 90-0585, is reappropriated from the General Revenue Fund to the Illinois Farm Development Authority for transfer to the Illinois Agricultural Loan Guarantee Fund. Section 2. The sum of $500,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Illinois Farm Development Authority for the purpose of interest buy-back as authorized under the Illinois Farm Development Act. ARTICLE 6 Section 1. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the Department of Nuclear Safety for the objects and purposes hereinafter enumerated: MANAGEMENT AND ADMINISTRATIVE SUPPORT Payable from Nuclear Safety Emergency Preparedness Fund: For Personal Services ........................ $ 1,263,700 For Employee Retirement Contributions Paid by Employer ............................ 50,500
4678 JOURNAL OF THE [May 14, 1999] For State Contributions to State Employees' Retirement System ................ 122,800 For State Contributions to Social Security ............................. 96,700 For Group Insurance .......................... 145,000 For Contractual Services ..................... 1,483,900 For Travel ................................... 34,000 For Commodities .............................. 50,500 For Printing ................................. 20,000 For Equipment ................................ 15,600 For Electronic Data Processing ............... 649,000 For Telecommunications Services .............. 255,500 For Operation of Auto Equipment .............. 107,900 Total $4,295,100 Payable from Radiation Protection Fund: For Contractual Services ..................... $ 335,700 For Commodities .............................. 18,900 For Printing ................................. 50,000 For Electronic Data Processing ............... 126,400 For Telecommunications Services .............. 65,400 For Operation of Auto Equipment .............. 10,300 Total $606,700 Section 2. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the Department of Nuclear Safety for the objects and purposes hereinafter enumerated: NUCLEAR FACILITY SAFETY Payable from Nuclear Safety Emergency Preparedness Fund: For Personal Services ........................ $ 5,230,600 For Employee Retirement Contributions Paid by Employer ............................ 209,200 For State Contributions to State Employees' Retirement System ................ 508,100 For State Contributions to Social Security ............................. 400,100 For Group Insurance .......................... 562,600 For Contractual Services ..................... 701,600 For Travel ................................... 148,500 For Commodities .............................. 220,800 For Equipment ................................ 244,000 For Electronic Data Processing ............... 569,700 For Telecommunications Services .............. 502,300 For Compensation to local governments for expenses attributable to implementation and maintenance of plans and programs authorized by the Nuclear Safety Preparedness Act including expenses incurred prior to July 1, 1997 .............. 650,000 Total $9,947,500 Section 3. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the Department of Nuclear Safety for the objects and purposes hereinafter enumerated: RADIATION SAFETY Payable from General Revenue Fund: For Personal Services ........................ $ 459,600 For Employee Retirement Contributions Paid by Employer ............................ 18,400 For State Contributions to State Employees' Retirement System ................ 44,600
HOUSE OF REPRESENTATIVES 4679 For State Contributions to Social Security ............................. 33,800 Total $556,400 Payable from Radiation Protection Fund: For Personal Services ........................ $ 1,704,400 For Employee Retirement Contributions Paid by Employer ............................ 68,200 For State Contributions to State Employees' Retirement System ................ 165,600 For State Contributions to Social Security ............................. 130,400 For Group Insurance .......................... 179,800 For Contractual Services ..................... 42,400 For Travel ................................... 98,900 For Equipment ................................ 60,200 For Refunds .................................. 100,000 Total $2,549,900 Payable from Nuclear Safety Emergency Preparedness Fund: For Personal Services ........................ $ 241,800 For Employee Retirement Contributions Paid by Employer ............................ 9,700 For State Contributions to State Employees' Retirement System ........................... 23,500 For State Contributions to Social Security ............................. 18,500 For Group Insurance .......................... 29,000 For Contractual Services ..................... 14,700 For Travel ................................... 2,000 For Commodities .............................. 2,000 Total $341,200 Section 4. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the Department of Nuclear Safety for the objects and purposes hereinafter enumerated: ENVIRONMENTAL SAFETY Payable from General Revenue Fund: For Refunds ......................................... $ 300 Payable from Nuclear Safety Emergency Preparedness Fund: For Personal Services ........................ $ 2,365,100 For Employee Retirement Contributions Paid by Employer ............................ 94,600 For State Contributions to State Employees' Retirement System ................ 229,700 For State Contributions to Social Security ............................. 180,900 For Group Insurance .......................... 272,600 For Contractual Services ..................... 322,000 For Travel ................................... 65,700 For Commodities .............................. 70,600 For Equipment ................................ 187,300 Total $3,788,500 Payable from Low-Level Radioactive Waste Facility Development and Operation Fund: For Refunds for Overpayments made by Low- Level Waste Generators ...................... $ 5,000 Total $5,000 Section 5. The amount of $400,000, or so much thereof as may be necessary, is appropriated from the Indoor Radon Mitigation Fund to the Department of Nuclear Safety for
4680 JOURNAL OF THE [May 14, 1999] expenses relating to the federally funded State Indoor Radon Abatement Program. Section 6. The sum of $3,000,000, or so much thereof as may be necessary, is appropriated from the Low-Level Radioactive Waste Facility Development and Operation Fund to the Department of Nuclear Safety for use in accordance with Section 14(a) of the Illinois Low-Level Radioactive Waste Management Act for costs related to establishing a low-level radioactive waste disposal facility. Section 7. The sum of $5,000,000, or so much thereof as may be necessary, is appropriated from the Radiation Protection Fund to the Department of Nuclear Safety for licensing facilities where radioactive uranium and thorium mill tailings are generated or located, and related costs for regulating the decontamination and decommissioning of such facilities and for identification, decontamination and environmental monitoring of unlicensed properties contaminated with such radioactive mill tailings. Section 8. The sum of $100,000, or so much thereof as may be necessary, is appropriated from the Radiation Protection Fund to the Department of Nuclear Safety for reimbursing other governmental agencies for their assistance in responding to radiological emergencies. Section 9. The sum of $250,000, or so much thereof as may be necessary, is appropriated from the Radiation Protection Fund to the Department of Nuclear Safety for recovery and remediation of radioactive materials and contaminated facilities or properties when such expenses cannot be paid by a responsible person or an available surety. Section 10. The sum of $100,000, or so much thereof as may be necessary, is appropriated from the Nuclear Safety Emergency Preparedness Fund to the Illinois Department of Nuclear Safety for related training and travel expenses and to reimburse the Illinois State Police and the Illinois Commerce Commission for costs incurred for activities related to inspecting and escorting shipments of spent nuclear fuel, high-level radioactive waste, and transuranic waste in Illinois as provided under the rules of the Department. Section 11. The sum of 650,000, or so much thereof as may be necessary, is appropriated from the low-level Radioactive Waste Facility Development and Operation Fund to the Department of Nuclear Safety to provide for Federally Funded Low-Level Radioactive Waste Intergovernmental Programs. ARTICLE 7 Section 1. The following named sums, or so much thereof as may be necessary, are appropriated from the Environmental Protection Trust Fund to the Environmental Protection Trust Fund Commission for grants to the Illinois Environmental Protection Agency as follows: To Support Enhanced Environmental Protection and Enforcement Activities .....................$ 625,000 Section 2. The following named sums, or so much thereof as may be necessary, are appropriated from the Environmental Protection Trust Fund to the Environmental Protection Trust Fund Commission for grants to the Department of Natural Resources as follows: Grants to Department of Natural Resources for projects relating to natural resources research,
HOUSE OF REPRESENTATIVES 4681 protection, and educational activities .....................................$ 625,000 Section 3. The following named sums, or so much thereof as may be necessary, are appropriated from the Environmental Protection Trust Fund to the Environmental Protection Trust Fund Commission for grants to the Pollution Control Board as follows: For Funding Expenses of Case Processing and Other Activities ..................$ 625,000 Section 4. The following named sum, or so much thereof as may be necessary, is appropriated from the Environmental Protection Trust Fund to the Environmental Protection Trust Fund Commission for grants to the Office of the Attorney General as follows: For Enhanced Environmental Enforcement Activities .......................................$ 625,000 ARTICLE 8 Section 1. The amount of $304,300, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the East St. Louis Financial Advisory Authority for the operating expenses of the City of East St. Louis Financial Advisory Authority. ARTICLE 9 Section 1. The following named amounts, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the Agricultural Premium Fund for the ordinary and contingent expenses of the Illinois Racing Board: OPERATIONS GENERAL OFFICE For Personal Services ........................ $ 1,111,400 For Employee Retirement Contributions Paid by Employer ............................ 44,500 For State Contributions to State Employees' Retirement System ................ 108,000 For State Contributions to Social Security ............................. 83,600 For Contractual Services ..................... 174,500 For Contractual Services: Hearing Officers ............................ 19,400 For Travel ................................... 35,700 For Commodities .............................. 15,700 For Printing ................................. 7,000 For Equipment ................................ 28,600 For Telecommunications Services .............. 83,100 For Operation of Auto Equipment .............. 6,900 Total $1,718,400 LABORATORY PROGRAM For Personal Services ........................ $ 676,300 For Employee Retirement Contributions Paid by Employer ............................ 27,100 For State Contributions to State Employees' Retirement System ................ 65,700 For State Contributions to Social Security ............................. 50,800 For Contractual Services ..................... 478,500 For Travel ................................... 6,000 For Commodities .............................. 440,900 For Printing ................................. 7,500 For Equipment ................................ 107,000 For Telecommunications Services .............. 6,500 For Operation of Auto Equipment .............. 1,800
4682 JOURNAL OF THE [May 14, 1999] Total $1,868,100 REGULATION OF RACING PROGRAM For Personal Services: For Per Diem Expenses for the Regulation of Race Days ................................ $ 2,420,100 For Employee Retirement Contributions Paid by Employer ............................ 96,800 For State Contributions to State Employees' Retirement System ................ 235,100 For State Contributions to Social Security ............................. 179,400 For Contractual Services ..................... 77,600 For Travel ................................... 31,400 For Commodities .............................. 20,100 For Printing ................................. 3,400 For Equipment ................................ 90,800 For Operation of Auto Equipment .............. 3,100 For Refunds .................................. 1,000 Total $3,158,800 Section 2. The sum of $4,800,000, or so much thereof as may be necessary, is appropriated from the Illinois Racetrack Improvement Fund to the Illinois Racing Board for improvement of racetrack facilities pursuant to the provisions of Section 32 of the "Illinois Racing Act of 1975". Section 3. The sum of $5,000, or so much thereof as may be necessary, is appropriated from the Horse Race Tax Allocation Fund to the Illinois Horse Racing Board for payment to inter-track wagering location licensees pursuant to paragraph 11(B) of subsection h of Section 26 of the "Illinois Horse Racing Act of 1975, 230 ILCS 5/26." ARTICLE 10 Section 1. The following named amounts, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the State Lottery Fund to meet the ordinary and contingent expenses of the Department of the Lottery, including operating expenses related to Multi-State Lottery games pursuant to the Illinois Lottery Law: OPERATIONS Payable from State Lottery Fund: For Personal Services ........................ $ 9,189,700 For Employee Retirement Contributions Paid by Employer ............................ 367,600 For State Contributions for the State Employees' Retirement System ................ 900,600 For State Contributions to Social Security ............................. 693,800 For Group Insurance .......................... 1,397,800 For Contractual Services ..................... 26,035,900 For Travel ................................... 131,200 For Commodities .............................. 74,000 For Printing.................................. 32,000 For Equipment ................................ 421,500 For Electronic Data Processing ............... 3,448,800 For Telecommunications Services .............. 9,424,800 For Operation of Auto Equipment .............. 275,600 For Expenses of Developing and Promoting Lottery Games ..................... 11,994,200 For Refunds .................................. 50,000 Total $64,437,500 LOTTERY BOARD
HOUSE OF REPRESENTATIVES 4683 Payable from State Lottery Fund: For Personal Services - Per Diem For Board Members ........................... $ 5,300 For State Contributions to State Employees' Retirement System ................ 500 For State Contributions to Social Security ............................. 400 For Contractual Services ..................... 500 For Travel ................................... 1,500 Total $8,200 Section 2. The sum of $300,000,000, or so much thereof as may be necessary, is appropriated from the State Lottery Fund to the Department of the Lottery, for payment of prizes to holders of winning lottery tickets or shares, including prizes related to Multi-State Lottery games, pursuant to the provisions of the "Illinois Lottery Law". Section 3. The sum of $35,000, or so much thereof as may be necessary, is appropriated from the State Lottery Fund to the Illinois Department of the Lottery, for payment to the Illinois State Police for investigatory services. ARTICLE 11 Section 1. The following named amounts, or so much thereof as may be necessary, respectively, for the purposes hereinafter named, are appropriated to meet the ordinary and contingent expenses of the Department of Employment Security: CENTRAL ADMINISTRATION Payable from Title III Social Security and Employment Service Fund: For Personal Services ........................ $ 5,216,800 For Employee Retirement Contributions Paid by Employer ............................ 3,683,800 For State Contributions to State Employees' Retirement System ................ 511,200 For State Contributions to Social Security ............................. 399,100 For Group Insurance .......................... 591,600 For Contractual Services ..................... 1,175,800 For Travel ................................... 127,300 For Telecommunications Services .............. 237,700 Total $11,943,300 FINANCE AND ADMINISTRATION BUREAU Payable from Title III Social Security and Employment Service Fund: For Personal Services ........................ $ 9,329,200 For State Contributions to State Employees' Retirement System ................ 914,300 For State Contributions to Social Security ............................. 713,700 For Group Insurance .......................... 1,177,400 For Contractual Services ..................... 5,500,000 For Travel ................................... 132,600 For Commodities .............................. 1,038,500 For Printing ................................. 1,942,800 For Equipment ................................ 922,400 For Telecommunications Services .............. 547,300 For Operation of Auto Equipment .............. 96,500 Total $22,314,700 Payable from Title III Social Security and Employment Service Fund: For expenses related to America's Labor Market Information System .............. $ 2,000,000
4684 JOURNAL OF THE [May 14, 1999] INFORMATION SERVICE BUREAU Payable from Title III Social Security and Employment Service Fund: For Personal Services ........................ $ 6,364,600 For State Contributions to State Employees' Retirement System ................ 623,700 For State Contributions to Social Security .................................... 486,900 For Group Insurance .......................... 765,600 For Contractual Services ..................... 17,691,400 For Travel ................................... 22,800 For Equipment ................................ 3,107,800 For Telecommunications Services .............. 1,607,200 Total $30,670,000 Section 2. The following named sums, or so much thereof as may be necessary, are appropriated to the Department of Employment Security: OPERATIONS Payable from Title III Social Security and Employment Service Fund: For Personal Services ........................ $ 71,184,600 For State Contributions to State Employees' Retirement System ................ 6,976,100 For State Contributions to Social Security .................................... 5,445,600 For Group Insurance .......................... 10,271,800 For Contractual Services ..................... 15,911,400 For Travel ................................... 1,195,600 For Telecommunications Services .............. 5,745,000 For Permanent Improvements ................... 85,000 For Refunds .................................. 300,000 Total $117,115,100 Payable from Title III Social Security and Employment Service Fund: For expenses related to ONE STOP SHOPPING ........................................$3,500,000 Section 2a. The amount of $100,000, or so much thereof as may be necessary, is appropriated from the Title III Social Security and Employment Service Fund to the Department of Employment Security for expenses related to the development of training programs. Section 2b. The amount of $3,500,000, or so much thereof as may be necessary, is appropriated from the Title III Social Security and Employment Service Fund to the Department of Employment Security for expenses related to Employment Security automation. Section 2c. The amount of $8,000,000, or so much thereof as may be necessary, is appropriated from the Title III Social Security and Employment Service Fund to the Department of Employment Security for expenses related to a Benefit Information System Redefinition. Section 2d. The amount of $2,000,000, or so much thereof as may be necessary, is appropriated to the Department of Employment Security from the Title III Social Security and Employment Service Fund for expenses related to Year 2000 Compliance. Section 2e. The amount of $2,000,000, or so much thereof as may be necessary is appropriated to the Department of Employment Security from the Unemployment Compensation Special Administration Fund for expenses related to Legal Assistance as required by law.
HOUSE OF REPRESENTATIVES 4685 Section 2f. The amount of $2,000,000, or so much thereof as may be necessary, is appropriated to the Department of Employment Security from the Employment Security Administration Fund for the purposes authorized by Public Act 87-1178. Section 2g. The amount of $12,200,000, or so much thereof as may be necessary, is appropriated to the Department of Employment Security from the Unemployment Compensation Special Administration Fund for deposit into the Title III Social Security and Employment Service Fund. Section 2h. The sum of $1,575,500, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from reappropriations heretofore made for such purposes in Article 77, Section 2h of Public Act 90-0585, is reappropriated to the Department of Employment Security from the Employment Security Administration Fund for the purposes authorized by Public Act 87-1178. Section 2i. The sum of $100,000, or so much thereof as may be necessary, is appropriated from the Unemployment Compensation Special Administration Fund to the Department of Employment Security for Interest on Refunds of Erroneously Paid Contributions, Penalties and Interest. Section 3. The sum of $8,400,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Employment Security, Trust Fund Unit, for unemployment compensation benefits to Former State Employees. Section 3a. The following named amounts, or so much thereof as may be necessary, are appropriated to the Department of Employment Security, Trust Fund Unit, for unemployment compensation benefits, other than benefits provided for in Section 3, to Former State Employees as follows: Payable from the Road Fund: For benefits paid on the basis of wages paid for insured work for the Department of Transportation........................... $ 2,000,000 Payable from the Illinois Mathematics and Science Academy Income Fund .............. 17,600 Payable from Title III Social Security and Employment Service Fund .................. 1,734,300 Total $3,751,900 Section 4. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the Department of Employment Security: OPERATIONS Grants-In-Aid Payable from Title III Social Security and Employment Service Fund: For Grants ................................... $ 7,000,000 For a Grant to the Governor's Office of Planning for Coordination and Planning of Job Training Activities .................. 150,000 For Tort Claims .............................. 715,000 Total $7,865,000 Section 5. The amount of $526,400, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Employment Security for the purpose of making grants to community non-profit agencies or organizations for the operation of a statewide network of
4686 JOURNAL OF THE [May 14, 1999] outreach services for veterans, as provided for in the Vietnam Veterans' Act. ARTICLE 12 Section 1. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated for the objects and purposes hereinafter named, to meet the ordinary and contingent expenses of the Pollution Control Board: GENERAL OFFICE Payable from General Revenue Fund: For Personal Services .......................... $ 696,600 For Employee Retirement Contributions Paid by Employer .............................. 27,900 For State Contributions to State Employees' Retirement System ............................ 67,700 For State Contributions to Social Security ..... 53,300 For Contractual Services ....................... 12,000 For Travel ..................................... 1,300 For Commodities ................................ 1,000 For Printing ................................... 1,000 For Electronic Data Processing ................. 1,000 For Telecommunications Services ................ 8,600 Total $870,400 Payable from the Pollution Control Board Fund: For Contractual Services ....................... $ 15,000 For Printing ................................... 3,000 For Telecommunications ......................... 4,000 For Refunds .................................... 1,000 Total $23,000 Payable from the Environmental Protection Permit and Inspection Fund: For Personal Services .......................... $ 495,400 For Employee Retirement Contributions Paid by Employer .............................. 19,800 For State Contributions to State Employees' Retirement System ............................ 48,200 For State Contributions to Social Security ..... 37,900 For Group Insurance ............................ 87,000 For Contractual Services ....................... 7,900 For Court Reporting Costs ...................... 5,200 For Travel ..................................... 8,000 For Electronic Data Processing ................. 10,000 For Telecommunications Services ................ 20,000 Total $739,400 Payable from the Clean Air Act Permit Fund: For Personal Services .......................... $ 459,100 For Employee Retirement Contributions Paid by Employer .............................. 18,300 For State Contributions to State Employees' Retirement System ............................ 44,600 For State Contributions to Social Security ..... 35,100 For Group Insurance ............................ 58,000 Total $615,100 Section 2. The amount of $40,000, or so much thereof as may be necessary, is appropriated from the Used Tire Management Fund to the Pollution Control Board for the purposes as provided for in Section 55.6 of the Environmental Protection Act. Section 3. The amount of $56,500, or so much thereof as may be necessary, is appropriated from the Clean Air Act Permit Fund to the Pollution Control Board for activities relating to the Clean Air Act Permit Program.
HOUSE OF REPRESENTATIVES 4687 ARTICLE 13 Section 1. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated for the objects and purposes hereinafter named, to meet the ordinary and contingent expenses of the Property Tax Appeal Board: Payable from the General Revenue Fund: For Personal Services ........................ $ 863,000 For Employee Retirement Contributions Paid by Employer ............................ 34,500 For State Contributions to State Employees' Retirement System ................ 82,900 For State Contributions to Social Security ............................. 65,300 For Contractual Services ..................... 37,500 For Travel ................................... 40,400 For Commodities .............................. 7,300 For Printing ................................. 5,200 For Equipment ................................ 13,600 For Electronic Data Processing ............... 9,200 For Telecommunication Services ............... 17,000 For Operation of Auto Equipment .............. 3,500 Total $1,179,400 Section 2. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated for the objects and purposes hereinafter named, to meet the ordinary and contingent expenses of the Property Tax Appeal Board as prescribed under Public Act 89-0126: Payable from the General Revenue Fund: For Personal Services ........................ $ 1,227,800 For Employee Retirement Contributions Paid by Employer .................................... 49,100 For State Contributions to State Employees' Retirement System ........................... 120,300 For State Contributions to Social Security .......................... 93,100 For Contractual Services ..................... 57,600 For Travel ................................... 29,700 For Commodities .............................. 14,000 For Printing ................................. 19,000 For Equipment ................................ 47,000 For Electronic Data Processing .................................. 47,700 For Telecommunications ....................... 40,000 For Operation of Auto Equipment .............. 15,200 For Refunds .................................. 1,000 Total $1,761,500 ARTICLE 14 Section 1. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to meet the ordinary and contingent expenses of the Department of Insurance: ADMINISTRATIVE AND SUPPORT DIVISION Payable from Insurance Producer Administration Fund: For Personal Services ........................ $ 747,700 For Employee Retirement Contributions Paid by Employer ............................ 29,900
4688 JOURNAL OF THE [May 14, 1999] For State Contributions to the State Employees' Retirement System ................ 73,300 For State Contributions to Social Security ............................. 56,600 For Group Insurance .......................... 127,600 For Contractual Services ..................... 838,300 For Travel ................................... 2,000 For Commodities .............................. 49,500 For Printing ................................. 59,800 For Equipment ................................ 109,800 For Telecommunications Services .............. 15,400 For Operation of Auto Equipment .............. 10,600 Total $2,120,500 Payable from Insurance Financial Regulation Fund: For Personal Services......................... $ 654,100 For Employee Retirement Contributions Paid by Employer ............................ 26,200 For State Contributions to the State Employees' Retirement System................. 64,100 For State Contributions to Social Security.............................. 49,300 For Group Insurance........................... 116,000 For Contractual Services...................... 1,022,000 For Travel.................................... 2,000 For Commodities .............................. 59,500 For Printing.................................. 46,500 For Equipment ................................ 48,600 For Telecommunications Services............... 10,900 For Operation of Auto Equipment............... 7,100 Total $2,106,300 Section 2. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to meet the ordinary and contingent expenses of the Department of Insurance: CONSUMER DIVISION Payable from Insurance Producer Administration Fund: For Personal Services ........................ $ 4,733,000 For Employee Retirement Contributions Paid by Employer ............................ 189,300 For State Contributions to the State Employees' Retirement System ................ 463,800 For State Contributions to Social Security ............................. 358,500 For Group Insurance .......................... 719,200 For Travel ................................... 286,200 For Telecommunications Services .............. 72,900 For Refunds .................................. 75,000 Total $6,897,900 Payable from Insurance Financial Regulation Fund: For Personal Services ........................ $ 363,600 For Employee Retirement Contributions Paid by Employer ............................ 14,500 For Retirement ............................... 35,600 For State Contributions to Social Security ............................. 27,400 For Group Insurance .......................... 52,200 For Travel ................................... 31,100 For Telecommunications Services .............. 9,000 Total $533,400
HOUSE OF REPRESENTATIVES 4689 Section 3. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to meet the ordinary and contingent expenses of the Department of Insurance: FINANCIAL CORPORATE REGULATION Payable from Insurance Financial Regulation Fund: For Personal Services ........................ $ 6,059,200 For Employee Retirement Contributions Paid by Employer ............................ 242,400 For State Contributions to the State Employees' Retirement System ................ 593,800 For State Contributions to Social Security ............................. 456,700 For Group Insurance .......................... 794,600 For Travel.................................... 572,200 For Telecommunications Services............... 54,200 For Refunds................................... 100,000 Total $8,873,100 Section 4. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to meet the ordinary and contingent expenses of the Department of Insurance: PENSION DIVISION Payable from General Revenue Fund: For Personal Services ........................ $ 334,300 For Employee Retirement Contributions Paid by Employer ............................ 13,400 For State Contributions to the State Employees' Retirement System ................ 32,800 For State Contributions to Social Security ............................. 25,600 For Travel ................................... 34,200 For Printing ................................. 10,500 For Telecommunications Services .............. 5,000 Total $455,800 Payable from Public Pension Regulation Fund: For Personal Services ........................ $ 252,300 For Employee Retirement Contributions Paid by Employer ............................ 10,100 For State Contributions to the State Employees' Retirement System ................ 24,700 For State Contributions to Social Security ............................. 19,300 For Group Insurance .......................... 40,600 For Contractual Services ..................... 20,000 For Travel ................................... 19,000 For Equipment ................................ 10,000 For Telecommunications Services .............. 1,000 Total $397,000 Section 5. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named are appropriated to meet the ordinary and contingent expenses of the Department of Insurance: STAFF SERVICES DIVISION Payable from Insurance Producer Administration Fund: For Personal Services ........................ $ 550,900 For Employee Retirement Contributions
4690 JOURNAL OF THE [May 14, 1999] Paid by Employer ............................ 22,100 For State Contributions to the State Employees' Retirement System ................ 54,000 For State Contributions to Social Security ............................. 41,700 For Group Insurance .......................... 63,800 For Travel ................................... 38,300 For Telecommunications Services .............. 23,500 Total $794,300 Payable from Insurance Financial Regulation Fund: For Personal Services ........................ $ 961,200 For Employee Retirement Contributions Paid by Employer ............................ 38,500 For State Contributions to the State Employees' Retirement System ................ 94,200 For State Contributions to Social Security ............................. 72,500 For Group Insurance .......................... 110,200 For Travel ................................... 36,200 For Telecommunications Services .............. 16,900 Total $1,329,700 Section 6. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to meet the ordinary and contingent expenses of the Department of Insurance: ELECTRONIC DATA PROCESSING DIVISION Payable from Insurance Producer Administration Fund: For Personal Services ........................ $ 469,700 For Employee Retirement Contributions Paid by Employer ............................ 18,800 For State Contributions to the State Employees' Retirement System ................ 46,000 For State Contributions to Social Security ............................. 35,700 For Group Insurance .......................... 52,200 For Contractual Services ..................... 215,200 For Travel ................................... 8,500 For Commodities .............................. 6,500 For Printing ................................. 6,500 For Equipment ................................ 137,500 For Telecommunications Services .............. 70,200 Total $1,066,800 Payable From Insurance Financial Regulation Fund: For Personal Services ........................ $ 670,700 For Employee Retirement Contributions Paid by Employer ............................ 26,800 For State Contributions to the State Employees' Retirement System................. 65,700 For State Contributions to Social Security ............................. 50,600 For Group Insurance .......................... 87,000 For Contractual Services ..................... 252,400 For Travel ................................... 8,500 For Commodities .............................. 8,500 For Printing ................................. 3,500 For Equipment ................................ 155,500 For Telecommunications Services .............. 59,000 Total $1,388,200
HOUSE OF REPRESENTATIVES 4691 Section 7. The following named sums, or so much thereof as may be necessary, are appropriated to the Department of Insurance for the administration of the Senior Health Insurance Program: Payable from the Insurance Producer Administration Fund .......................... $ 323,500 Payable from the Senior Health Insurance Program Fund ....................... 500,000 Total $823,500 ARTICLE 15 Section 1. The following named sums, or so much thereof as may be necessary, for the objects and purposes hereinafter named, are appropriated from the Road Fund to meet the ordinary and contingent expenses of the Department of Transportation: CENTRAL OFFICES, ADMINISTRATION AND PLANNING OPERATIONS For Personal Services ........................ $ 23,165,600 For Employee Retirement Contributions Paid by State ............................... 926,700 For State Contributions to State Employees' Retirement System ................ 2,250,300 For State Contributions to Social Security ... 1,646,300 For Contractual Services ..................... 4,359,900 For Travel ................................... 545,600 For Commodities .............................. 598,500 For Printing ................................. 814,100 For Equipment ................................ 597,900 For Equipment: Purchase of Cars & Trucks ................... 169,400 For Telecommunications Services .............. 817,800 For Operation of Automotive Equipment ........ 150,900 Total $36,043,000 LUMP SUMS Section 1a. The following named amounts, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for the objects and purposes hereinafter named: For Planning, Research and Development Purposes .................................... $ 185,000 For costs associated with asbestos abatement.................................... 575,400 For the DuPage Airport Audit pursuant to Public Act 88-504 ........................ 102,500 For metropolitan planning and research purposes as provided by law, provided such amount shall not exceed funds to be made available from the federal government or local sources ................. 19,000,000 For the establishment and operation of an Illinois Transportation Research Center and the conduct of transportation research .................................... 520,000 For metropolitan planning and research purposes as provided by law ................. 1,000,000 For federal reimbursement of planning activities as provided by the Transportation Equity Act for the 21st Century ............. 1,750,000 For the federal share of the Midwest ITS Priority Corridor Program, provided expenditures do not exceed funds to be
4692 JOURNAL OF THE [May 14, 1999] made available by the Federal Government .................................. 3,000,000 For the state share of the Midwest ITS Priority Corridor Program ............... 750,000 For a public education campaign on railroad crossing safety ................ 350,000 For the Department's share of costs with the Illinois Commerce Commission for monitoring railroad crossing safety ............................. 1,446,000 Total $28,678,900 AWARDS AND GRANTS Section 1b. The following named amounts, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for the objects and purposes hereinafter named: For Tort Claims, including payment pursuant to P.A. 80-1078 .................... $ 190,400 For representation and indemnification for the Department of Transportation, the Illinois State Police and the Secretary of State provided that the representation required resulted from the Road Fund portion of their normal operations .................................. 260,000 For Enhancement and Congestion Mitigation and Air Quality Projects..................................... 40,000,000 For auto liability payments for the Department of Transportation, the Illinois State Police and the Secretary of State provided that the liability resulted from the Road Fund portion of their normal operations ........................... 1,932,200 For payment of claims as provided by the "Workers' Compensation Act" or the "Workers' Occupational Diseases Act", including Treatment, Expenses and Benefits Payable for Total Temporary Incapacity for Work for State Employees whose salaries are paid from the Road Fund: For Awards and Grants ........................ 10,000,000 Total $52,382,600 Expenditures from appropriations for treatment and expense may be made after the Department of Transportation has certified that the injured person was employed and that the nature of the injury is compensable in accordance with the provisions of the Workers' Compensation Act or the Workers' Occupational Diseases Act, and then has determined the amount of such compensation to be paid to the injured person. Expenditures for this purpose may be made by the Department of Transportation without regard to the fiscal year in which benefit or service was rendered or cost incurred as allowable or provided by the Workers' Compensation Act or the Workers' Occupational Diseases Act. CAPITAL IMPROVEMENTS, HIGHWAYS PERMANENT IMPROVEMENTS Section 2. The sum of $6,111,100, or so much thereof as may be necessary, is appropriated from the Road Fund to the Department of Transportation for the purchase of land,
HOUSE OF REPRESENTATIVES 4693 construction, repair, alterations and improvements to maintenance and traffic facilities, district and central headquarters facilities, storage facilities, grounds, parking areas and facilities, fencing and underground drainage, including plans, specifications, utilities and fixed equipment installed and all costs and charges incident to the completion thereof at various locations. BUREAU OF INFORMATION PROCESSING OPERATIONS Section 3. The following named amounts, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for the objects and purposes hereinafter named: For Personal Services ........................ $ 5,003,600 For Employee Retirement Contributions Paid by State ............................... 200,100 For State Contributions to State Employees' Retirement System ................ 486,000 For State Contributions to Social Security ... 360,800 For Contractual Services ..................... 6,493,500 For Travel ................................... 46,300 For Commodities .............................. 29,200 For Equipment ................................ 3,000 For Electronic Data Processing ............... 1,240,100 For Telecommunications ....................... 1,050,900 Total $14,913,500 Section 4. The following named amounts, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for the objects and purposes hereinafter named: CENTRAL OFFICES, DIVISION OF HIGHWAYS OPERATIONS For Personal Services ........................ $ 28,395,000 For Extra Help ............................... 960,400 For Employee Retirement Contributions Paid by State ............................... 1,174,200 For State Contributions to State Employees' Retirement System ................ 2,851,600 For State Contributions to Social Security ... 2,025,900 For Contractual Services ..................... 5,070,700 For Travel ................................... 524,200 For Commodities .............................. 447,100 For Equipment ................................ 665,500 For Equipment: Purchase of Cars and Trucks ................. 117,000 For Telecommunications Services .............. 2,908,600 For Operation of Automotive Equipment ........ 207,200 Total $45,347,400 LUMP SUM Section 4a. The sum of $425,000, or so much thereof as may be necessary, is appropriated from the Road Fund to the Department of Transportation for repair of damages by motorists to state vehicles and equipment or replacement of state vehicles and equipment, provided such amount shall not exceed funds to be made available from collections from claims filed by the Department to recover the costs of such damages. AWARDS AND GRANTS Section 4b. The sum of $1,170,200, or so much thereof as may be necessary, is appropriated from the Road Fund to the Department of Transportation for reimbursement to
4694 JOURNAL OF THE [May 14, 1999] participating counties in the County Engineers Compensation Program, providing those reimbursements do not exceed funds to be made available from their federal highway allocations retained by the Department. Section 4b1. The following named sums, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for grants to local governments for the following purposes: For reimbursement of eligible expenses arising from local Traffic Signal Maintenance Agreements created by Part 468 of the Illinois Department of Transportation Rules and Regulations.......... $ 200,000 For reimbursement of eligible expenses arising from City, County, and other State Maintenance Agreements.................. 8,322,000 Total $8,522,000 Section 4c. The following named amounts, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for the objects and purposes hereinafter named: CONSTRUCTION For Maintenance, Traffic and Physical Research Purposes (A) ....................... $ 19,932,500 For Maintenance, Traffic and Physical Research Purposes (B) ....................... 8,945,400 For costs associated with the identification and disposal of hazardous materials at storage facilities ............. 1,158,600 For repair of damages by motorists to highway guardrails, fencing, lighting units, bridges, underpasses, signs, traffic signals, crash attenuators, landscaping and other highway appurtenances, provided such amount shall not exceed funds to be made available from collections from claims filed by the Department to recover the costs of such damages ..................................... 4,000,000 Total $34,036,500 REFUNDS Section 4d. The following named amounts, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for the objects and purposes hereinafter named: For Refunds ...................................... $ 28,000 Section 5. The following named sums, or so much thereof as may be necessary, for the objects and purposes hereinafter named, are appropriated from the Road Fund to the Department of Transportation for the ordinary and contingent expenses of the Division of Traffic Safety: TRAFFIC SAFETY OPERATIONS For Personal Services ........................ $ 6,082,700 For Employee Retirement Contributions Paid by State ............................... 243,300 For State Contributions to State Employees' Retirement System ................ 590,900 For State Contributions to Social Security ... 417,800 For Contractual Services ..................... 1,342,800
HOUSE OF REPRESENTATIVES 4695 For Travel ................................... 63,100 For Commodities .............................. 38,000 For Printing ................................. 321,900 For Equipment ................................ 47,000 For Equipment: Purchase of Cars and Trucks ................ 115,300 For Telecommunications Services .............. 143,800 For Operation of Automotive Equipment ........ 71,900 For Refunds .................................. 9,200 Total $9,487,700 Section 5a. The following named sums, or so much thereof as may be necessary, for the objects and purposes hereinafter named, are appropriated from the Cycle Rider Safety Training Fund, as authorized by Public Act 82-0649, to the Department of Transportation for the administration of the Cycle Rider Safety Training Program by the Division of Traffic Safety: For Personal Services ........................ $ 124,500 For Employee Contribution to Retirement System by Employer ............... 5,000 For State Contributions to State Employees' Retirement System ................ 12,100 For State Contributions to Social Security ... 9,300 For Group Insurance .......................... 19,600 For Contractual Services ..................... 10,400 For Travel ................................... 13,900 For Commodities .............................. 1,000 For Printing ................................. 2,300 For Equipment ................................ 2,300 For Operation of Automotive Equipment ........ 5,200 Total $205,600 AWARDS AND GRANTS Section 5a1. The sum of $1,600,000, or so much thereof as may be necessary, is appropriated from the Cycle Rider Safety Training Fund, as authorized by Public Act 82-0649, to the Department of Transportation for reimbursement to State and local universities and colleges for Cycle Rider Safety Training Programs. Section 6. The following named amounts, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for the objects and purposes hereinafter named: DAY LABOR OPERATIONS For Personal Services ........................ $ 4,611,300 For Employee Retirement Contributions Paid by State ............................... 184,500 For State Contributions to State Employees' Retirement System ................ 447,900 For State Contributions to Social Security ... 352,800 For Contractual Services ..................... 853,600 For Travel ................................... 142,300 For Commodities .............................. 145,300 For Equipment ................................ 202,300 For Equipment: Purchase of Cars and Trucks ................. 40,000 For Telecommunications Services .............. 31,800 For Operation of Automotive Equipment ........ 212,700 Total $7,224,500 Section 7. The following named amounts, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for the objects and
4696 JOURNAL OF THE [May 14, 1999] purposes hereinafter named: DISTRICT 1, SCHAUMBURG OFFICE OPERATIONS For Personal Services ........................ $ 73,087,200 For Extra Help ............................... 6,115,700 For Employee Retirement Contributions Paid by State ............................... 3,168,200 For State Contributions to State Employees' Retirement System ................ 7,693,700 For State Contributions to Social Security ... 5,932,300 For Contractual Services ..................... 14,955,200 For Travel ................................... 235,200 For Commodities .............................. 4,970,300 For Equipment ................................ 1,287,600 For Equipment: Purchase of Cars and Trucks ................. 3,459,800 For Telecommunications Services .............. 1,268,100 For Operation of Automotive Equipment ........ 5,708,800 Total $127,882,100 Section 8. The following named amounts, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for the objects and purposes hereinafter named: DISTRICT 2, DIXON OFFICE OPERATIONS For Personal Services ........................ $ 22,157,000 For Extra Help ............................... 2,046,400 For Employee Retirement Contributions Paid by State ............................... 968,100 For State Contributions to State Employees' Retirement System ................ 2,351,100 For State Contributions to Social Security ... 1,770,000 For Contractual Services ..................... 3,469,500 For Travel ................................... 157,100 For Commodities .............................. 1,682,600 For Equipment ................................ 765,200 For Equipment: Purchase of Cars and Trucks ................. 1,163,400 For Telecommunications Services .............. 205,500 For Operation of Automotive Equipment ........ 2,037,800 Total $38,773,700 Section 9. The following named amounts, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for the objects and purposes hereinafter named: DISTRICT 3, OTTAWA OFFICE OPERATIONS For Personal Services ........................ $ 20,475,200 For Extra Help ............................... 1,751,000 For Employee Retirement Contributions Paid by State ............................... 889,000 For State Contributions to State Employees' Retirement System ................ 2,159,000 For State Contributions to Social Security ... 1,625,400 For Contractual Services ..................... 3,064,100 For Travel ................................... 113,200 For Commodities .............................. 1,979,200 For Equipment ................................ 854,200 For Equipment: Purchase of Cars and Trucks ................. 1,176,100 For Telecommunications Services .............. 176,300
HOUSE OF REPRESENTATIVES 4697 For Operation of Automotive Equipment ........ 1,896,700 Total $36,159,400 Section 10. The following named amounts, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for the objects and purposes hereinafter named: DISTRICT 4, PEORIA OFFICE OPERATIONS For Personal Services ........................ $ 17,690,300 For Extra Help ............................... 1,955,500 For Employee Retirement Contributions Paid by State ............................... 785,900 For State Contributions to State Employees' Retirement System ................ 1,908,400 For State Contributions to Social Security ... 1,396,300 For Contractual Services ..................... 3,672,400 For Travel ................................... 135,200 For Commodities .............................. 1,062,800 For Equipment ................................ 952,400 For Equipment: Purchase of Cars and Trucks ................. 909,000 For Telecommunications Services .............. 197,000 For Operation of Automotive Equipment ........ 1,408,500 Total $32,073,700 Section 11. The following named amounts, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for the objects and purposes hereinafter named: DISTRICT 5, PARIS OFFICE OPERATIONS For Personal Services ........................ $ 20,315,500 For Extra Help ............................... 1,407,500 For Employee Retirement Contributions Paid by State ............................... 868,900 For State Contributions to State Employees' Retirement System ................ 2,110,200 For State Contributions to Social Security ... 1,543,900 For Contractual Services ..................... 2,766,100 For Travel ................................... 92,900 For Commodities .............................. 1,227,200 For Equipment ................................ 613,900 For Equipment: Purchase of Cars and Trucks ................. 739,200 For Telecommunications Services .............. 146,100 For Operation of Automotive Equipment ........ 1,604,700 Total $33,436,100 Section 12. The following named amounts, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for the objects and purposes hereinafter named: DISTRICT 6, SPRINGFIELD OFFICE OPERATIONS For Personal Services ........................ $ 20,810,300 For Extra Help ............................... 1,104,300 For Employee Retirement Contributions Paid by State ............................... 876,600 For State Contributions to State Employees' Retirement System ................ 2,128,800 For State Contributions to Social Security ... 1,602,600 For Contractual Services ..................... 3,424,900 For Travel ................................... 132,500
4698 JOURNAL OF THE [May 14, 1999] For Commodities .............................. 1,331,700 For Equipment ................................ 590,800 For Equipment: Purchase of Cars and Trucks ................. 1,096,600 For Telecommunications Services .............. 198,100 For Operation of Automotive Equipment ........ 1,699,400 Total $34,996,600 Section 13. The following named amounts, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for the objects and purposes hereinafter named: DISTRICT 7, EFFINGHAM OFFICE OPERATIONS For Personal Services ........................ $ 14,195,700 For Extra Help ............................... 844,600 For Employee Retirement Contributions Paid by State ............................... 601,600 For State Contributions to State Employees' Retirement System ................ 1,461,000 For State Contributions to Social Security ... 1,037,900 For Contractual Services ..................... 1,891,200 For Travel ................................... 164,500 For Commodities .............................. 713,400 For Equipment ................................ 725,100 For Equipment: Purchase of Cars and Trucks ................. 825,400 For Telecommunications Services .............. 270,100 For Operation of Automotive Equipment ........ 888,600 Total $23,619,100 Section 14. The following named amounts, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for the objects and purposes hereinafter named: DISTRICT 8, COLLINSVILLE OFFICE OPERATIONS For Personal Services ........................ $ 26,820,700 For Extra Help ............................... 1,681,400 For Employee Retirement Contributions Paid by State ............................... 1,140,100 For State Contributions to State Employees' Retirement System ................ 2,768,700 For State Contributions to Social Security ... 1,996,300 For Contractual Services ..................... 5,507,100 For Travel ................................... 227,100 For Commodities .............................. 1,303,000 For Equipment ................................ 940,400 For Equipment: Purchase of Cars and Trucks ................. 1,280,200 For Telecommunications Services .............. 336,000 For Operation of Automotive Equipment ........ 1,807,400 Total $45,808,400 Section 15. The following named amounts, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for the objects and purposes hereinafter named: DISTRICT 9, CARBONDALE OFFICE OPERATIONS For Personal Services ........................ $ 13,724,600 For Extra Help ............................... 1,366,300 For Employee Retirement Contributions Paid by State ............................... 603,600
HOUSE OF REPRESENTATIVES 4699 For State Contributions to State Employees' Retirement System ................ 1,465,900 For State Contributions to Social Security ... 994,700 For Contractual Services ..................... 2,199,600 For Travel ................................... 66,200 For Commodities .............................. 601,000 For Equipment ................................ 672,300 For Equipment: Purchase of Cars and Trucks ................. 1,023,000 For Telecommunications Services .............. 102,500 For Operation of Automotive Equipment ........ 1,047,900 Total $23,867,600 Section 16. The following named amounts, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for the objects and purposes hereinafter named: CONSTRUCTION DIVISION AWARDS AND GRANTS For apportionment to counties for construction of township bridges 20 feet or more in length as provided in Section 6-901 through 6-906 of the "Illinois Highway Code" ..................... $ 15,000,000 For apportionment to needy counties, as determined by the Department in consultation with the County Superintendent of Highways .................. 2,000,000 For apportionment to needy Townships and Road Districts, as determined by the Department in consultation with the County Superintendents of Highways, Township Highway Commissioners, or Road District Highway Commissioners ....................... 5,000,000 For apportionment to counties that have had decreases in their assessed valuation as determined by the Department in consultation with the County Superintendents of Highways ................. 2,400,000 For apportionment to high-growth counties, as determined by the Department in consultation with the County Superintendents of Highways ................................. 2,000,000 For apportionment to high-growth cities over 5,000 in population, as determined by the Department in consultation with the Illinois Municipal League ............................ 2,000,000 Total $28,400,000 CONSTRUCTION Section 16b. The sum of $886,600,000 or so much thereof as may be necessary, is appropriated from the Road Fund to the Department of Transportation for preliminary engineering and construction engineering and contract costs of construction, including reconstruction, extension and improvement of State highways, arterial highways, roads, access areas, roadside shelters, rest areas, fringe parking facilities and sanitary facilities, and such other purposes as provided by the "Illinois Highway Code"; for purposes allowed or required by Title 23 of the U.S. Code; for bikeways as provided by Public Act 78-0850; and for land acquisition and signboard removal and control, junkyard removal and control and preservation of natural beauty; and
4700 JOURNAL OF THE [May 14, 1999] for capital improvements which directly facilitate an effective vehicle weight enforcement program, such as scales (fixed and portable), scale pits and scale installations, and scale houses, in accordance with applicable laws and regulations. Section 16b1. The sum of $675,000,000 or so much thereof as may be necessary, is appropriated from the State Construction Account Fund to the Department of Transportation for preliminary engineering and construction engineering and contract costs of construction, including reconstruction, extension and improvement of State highways, arterial highways, roads, access areas, roadside shelters, rest areas, fringe parking facilities and sanitary facilities, and such other purposes as provided by the "Illinois Highway Code"; for purposes allowed or required by Title 23 of the U.S. Code; for bikeways as provided by Public Act 78-0850; and for land acquisition and signboard removal and control, junkyard removal and control and preservation of natural beauty; and for capital improvements which directly facilitate an effective vehicle weight enforcement program, such as scales (fixed and portable), scale pits and scale installations, and scale houses, in accordance with applicable laws and regulations. GRADE CROSSING PROTECTION CONSTRUCTION Section 17. The sum of $17,250,000, or so much thereof as may be necessary, is appropriated from the Grade Crossing Protection Fund to the Department of Transportation for the installation of grade crossing protection or grade separations at places where a public highway crosses a railroad at grade, as ordered by the Illinois Commerce Commission, as provided by law. Section 18. The following named sums, or so much thereof as may be necessary, for the objects and purposes hereinafter named, are appropriated to the Department of Transportation for the ordinary and contingent expenses of Aeronautics Operations: AERONAUTICS DIVISION OPERATIONS For Personal Services: Payable from the Road Fund ................... $ 5,522,300 For Employee Retirement Contributions Paid by State: Payable from the Road Fund ................... 220,900 For State Contributions to State Employees' Retirement System: Payable from the Road Fund ................... 536,400 For State Contributions to Social Security: Payable from the Road Fund ................... 422,500 For Contractual Services: Payable from the Road Fund ................... 3,337,300 Payable from Air Transportation Revolving Fund .............................. 1,000,000 For Travel: Payable from the Road Fund ................... 127,000 For Travel: Executive Air Transportation Expenses of the General Assembly: Payable from the General Revenue Fund ........ 190,100 For Travel: Executive Air Transportation Expenses of the Governor's Office: Payable from the General Revenue Fund ........ 179,900
HOUSE OF REPRESENTATIVES 4701 For Commodities: Payable from Aeronautics Fund ................ 300,000 Payable from the Road Fund ................... 379,100 For Equipment: Payable from the Road Fund ................... 131,000 For Equipment; Purchase of Cars and Trucks: Payable from the Road Fund ................... 16,900 For Telecommunications Services: Payable from the Road Fund ................... 104,100 For Operation of Automotive Equipment: Payable from the Road Fund ................... 23,600 Total $12,491,100 AWARDS AND GRANTS Section 18a. The sum of $102,790,900, or so much thereof as may be necessary, is appropriated from the Federal/Local Airport Fund to the Department of Transportation for funding the local or federal share of airport improvement projects undertaken pursuant to pertinent state or federal laws, provided such amounts shall not exceed funds available from federal and/or local sources. Section 18a1. The sum of $14,515,100, or so much thereof as may be necessary, is appropriated from Transportation Bond Series B Fund to the Department of Transportation for financial assistance to airports pursuant to Section 34 of the Illinois Aeronautics Act, as amended, for such purposes as are described in that Section and for airport acquisition and development pursuant to Section 72 of the Illinois Aeronautics Act, as amended, for such purposes as are described in that Section. Section 18a2. The sum of $350,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Transportation for such purposes as are described in Sections 31 and 34 of the Illinois Aeronautics Act, as amended. Section 19. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to the Department of Transportation for the ordinary and contingent expenses incident to Public Transportation and Railroads Operations: PUBLIC TRANSPORTATION DIVISION OPERATIONS For Personal Services ........................ $ 1,437,700 For Employee Contribution to Retirement System by Employer ............... 57,500 For State Contributions to State Employees' Retirement System ................ 139,700 For State Contributions to Social Security .................................... 106,400 For Contractual Services ..................... 20,600 For Travel ................................... 16,500 For Commodities .............................. 2,600 For Equipment ................................ 4,400 For Telecommunications Services .............. 20,800 For Operation of Automotive Equipment ........ 8,800 Total $1,815,000 LUMP SUMS Section 19a. The sum of $90,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Transportation for public transportation technical studies.
4702 JOURNAL OF THE [May 14, 1999] Section 19a1. The sum of $519,000, or so much thereof as may be necessary, is appropriated from the Federal Mass Transit Trust Fund to the Department of Transportation for federal reimbursement of transit studies as provided by the Transportation Equity Act for the 21st Century. Section 19a2. The sum of $263,100, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Transportation for administrative expenses incurred in connection with the purposes of Section 18 of the Federal Transit Act (Section 5311 of the USC), as amended, provided such amount shall not exceed funds available from the Federal government under that Act. AWARDS AND GRANTS Section 19b. The sum of $300,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Transportation for making grants to eligible recipients of funding under Article II of the Downstate Public Transportation Act for the purpose of reimbursing the recipients which provide reduced fares for mass transportation services for students, handicapped persons and the elderly. Section 19b1. The sum of $20,000,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Transportation for making grants to the Regional Transportation Authority for the purpose of reimbursing the Service Boards for providing reduced fares for mass transportation services for students, handicapped persons, and the elderly to be allocated proportionately among the Service Boards based upon actual costs incurred by each Service Board for such reduced fares. Section 19b2. The following named sums, or so much thereof as may be necessary, are appropriated from the Transportation Bond Series B Fund to the Department of Transportation for construction costs, making grants and providing project assistance to municipalities, special transportation districts, private non-profit carriers, mass transportation carriers, and the Intercity Rail Program for the acquisition, construction, extension, reconstruction, and improvement of mass transportation facilities, including rapid transit, intercity rail, bus and other equipment used in connection therewith, as provided by law, as follows: Pursuant to Section 4(b)(1) of the General Obligation Bond Act, as amended ................................... $40,000,000 For the counties of the state outside the counties of Cook, DuPage, Kane, McHenry, and Will pursuant to Section 4(b)(1) of the General Obligation Bond Act, as amended .............. 6,000,000 Total $46,000,000 Section 19b3. The sum of $154,295,600, or so much thereof as may be necessary, is appropriated from the Public Transportation Fund to the Department of Transportation for the purpose stated in Section 4.09 of the "Regional Transportation Authority Act", as amended. Section 19b4. The sum of $55,000,000, or so much thereof as may be necessary, is appropriated from the Public Transportation Fund to the Department of Transportation for making a grant to the Regional Transportation Authority to be used for its purposes as provided in the "Regional Transportation Authority Act", but in no event shall this
HOUSE OF REPRESENTATIVES 4703 amount exceed the amount equal to the actual debt service payments for fiscal year 1993 with respect to Strategic Capital Improvement bonds issued by the Regional Transportation Authority pursuant to legislative authorization granted in 1989. Section 19b5. The following named sums, or so much thereof as may be necessary, are appropriated from the Downstate Public Transportation Fund to the Department of Transportation for operating assistance grants to provide a portion of the eligible operating expenses for the following carriers for the purposes stated in Article II of Public Act 78-1109, as amended: URBANIZED AREAS Champaign ...................................... $ 7,086,400 Peoria ......................................... 5,899,100 Rock Island .................................... 4,092,300 Rockford ....................................... 4,189,800 Springfield .................................... 4,074,500 Bloomington .................................... 1,948,800 Decatur ........................................ 1,948,500 Pekin .......................................... 292,500 Loves Park ..................................... 487,300 Kankakee ....................................... 660,000 South Beloit ................................... 26,500 Total, Urbanized Areas $30,705,700 NON-URBANIZED AREAS Danville ....................................... $ 708,600 Quincy ......................................... 974,300 RIDES Mass Transit District .................... 901,800 South Central Illinois Mass Transit District ........................ 918,800 Galesburg ...................................... 443,000 Total, Non-Urbanized Areas $3,946,500 Section 19b6. The sum of $15,620,000, or so much thereof as may be necessary, is appropriated from the Metro East Public Transportation Fund to the Department of Transportation for operating assistance grants subject to the provisions of the "Downstate Public Transportation Act", as amended by the 81st General Assembly. Section 19b7. The sum of $6,100,000, or so much thereof as may be necessary, is appropriated from the Federal Mass Transit Trust Fund to the Department of Transportation for rural and small urban transit services pursuant to Section 18 of the Federal Transit Act (Section 5311 of the USC), as amended, for operating and capital assistance. Section 19b8. The sum of $2,000,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Transportation for making grants and providing project assistance to municipalities, special transportation districts, private non-profit carriers, mass transportation carriers for the acquisition, construction, extension, reconstruction, rehabilitation, repair and improvement of mass transportation facilities, including rapid transit, intercity rail, bus and other equipment used in connection therewith. Section 19b9. The sum of $2,700,000, or so much thereof as may be necessary, is appropriated from the Federal Mass Transit Trust Fund to the Department of Transportation for the federal share of grants pursuant to Section 16(b)(2) of the Federal Transit Act (Section 5310 of the USC), as amended, to private, non-profit agencies for providing
4704 JOURNAL OF THE [May 14, 1999] transit services to the elderly and the handicapped and for supportive services provided through contracts with consultants where such services are associated with the Section 16(b)2 grant program. Section 19b10. The sum of $10,000,000, or so much thereof as may be necessary, is appropriated from the Federal Mass Transit Trust Fund to the Department of Transportation for the federal share of capital grants pursuant to Section 3, Section 9, and Section 18(I) of the Federal Transit Act (Sections 5307, 5309 and 5311(f) of the USC), as amended, provided such amounts shall not exceed funds to be made available from the Federal Government under such Act. Section 19b11. The sum of $150,000, or so much thereof as may be necessary, is appropriated from the Federal Mass Transit Trust Fund to the Department of Transportation for the Rural Transit Assistance Program pursuant to Section 18 (h) of the Federal Transit Act (Section 5311(b)(2) of the USC), as amended. Section 19b12. The sum of $100,000, or so much thereof as may be necessary, is appropriated from the Downstate Public Transportation Fund to the Department of Transportation for audit adjustments in accordance with Section 15.1 of the "Downstate Public Transportation Act", approved August 9, 1974, as amended. RAIL PASSENGER AND RAIL FREIGHT AWARDS AND GRANTS Section 20a. The sum of $9,187,500, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Transportation for funding the State's share of intercity rail passenger service and making necessary expenditures for services and other program improvements. Section 20a1. The sum of $2,750,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Transportation for the Rail Freight Services Assistance Program, created by Section 49.25a through 49.25g-1 of the Civil Administrative Code of Illinois. Section 20a2. The sum of $2,100,000, or so much thereof as may be necessary, is appropriated from the State Rail Freight Loan Repayment Fund for funding the State Rail Freight Loan Repayment Program created by Section 49.25g-1 of the Civil Administrative Code of Illinois. Section 20a3. The sum of $940,000, or so much thereof as may be necessary, is appropriated from the Rail Freight Loan Repayment Fund to the Department of Transportation for the Rail Freight Service Assistance Program, created by Section 49.25a through 49.25g-1 of the Civil Administrative Code of Illinois. Section 20a4. The sum of $403,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Transportation for funding the State's share of the Rail Freight Loan Repayment Program created by Section 49.25a through 49.25g-1 of the Civil Administrative Code of Illinois. Section 20a5. The sum of $10,250,000, or so much thereof as may be necessary, is appropriated from the Federal High Speed Rail Trust Fund to the Department of Transportation for the federal share of the High Speed Rail Project. Section 20a6. The sum of $200,000, or so much thereof as may be necessary, is appropriated from the General Revenue
HOUSE OF REPRESENTATIVES 4705 Fund to the Department of Transportation for the state share of the High Speed Rail Project. Section 21. The following named sums, or so much thereof as may be necessary, are appropriated from the Motor Fuel Tax Fund to the Department of Transportation for the ordinary and contingent expenses incident to the operations and functions of administering the provisions of the "Illinois Highway Code", relating to use of Motor Fuel Tax Funds by the counties, municipalities, road districts and townships: MOTOR FUEL TAX ADMINISTRATION OPERATIONS For Personal Services ........................ $ 7,162,700 For Employee Contribution to Retirement System by Employer ............... 286,500 For State Contributions to State Employees' Retirement System ................ 695,800 For State Contributions to Social Security ... 487,100 For Group Insurance .......................... 748,200 For Contractual Services ..................... 34,000 For Travel ................................... 83,400 For Commodities .............................. 8,300 For Printing ................................. 32,600 For Equipment ................................ 40,600 For Telecommunications Services .............. 23,800 For Operation of Automotive Equipment......... 2,800 Total $9,605,800 AWARDS AND GRANTS Section 21a. The following named sums, or so much thereof as are available for distribution in accordance with Section 8 of the Motor Fuel Tax Law, are appropriated from the Motor Fuel Tax Fund to the Department of Transportation for the purposes stated: DISTRIBUTIVE ITEMS For apportioning, allotting, and paying as provided by law: To Counties .............................. $180,100,000 To Municipalities ........................ 252,600,000 To Counties for Distribution to Road Districts .......................... 81,800,000 Total $514,500,000 Section 22. The following named sums, or so much thereof as may be necessary for the agencies hereinafter named, are appropriated from the Road Fund to the Department of Transportation for implementation of the Commercial Motor Vehicle Safety Program under provisions of Title IV of the Surface Transportation Assistance Act of 1982, as amended by the Transportation Equity Act for the 21st Century: FOR THE DIVISION OF TRAFFIC SAFETY For Personal Services ........................ $ 554,900 For Employee Contribution to Retirement System by Employer .......................... 22,200 For State Contributions to State Employees' Retirement System ................ 53,900 For State Contributions to Social Security ... 42,400 For Contractual Services ..................... 174,200 For Travel ................................... 62,900 For Commodities .............................. 18,800 For Printing ................................. 23,500 For Equipment ................................ 20,100 For Telecommunications Services............... 2,000 For Operation of Automotive Equipment......... 6,200
4706 JOURNAL OF THE [May 14, 1999] Total $981,100 FOR THE DEPARTMENT OF STATE POLICE For Personal Services ........................ $ 2,759,500 For Employee Contribution to Retirement System by Employer .......................... 148,700 For State Contributions to State Employees' Retirement System ................ 267,600 For State Contributions to Social Security ... 30,800 For Contractual Services ..................... 213,300 For Travel ................................... 115,300 For Commodities .............................. 68,400 For Printing ................................. 10,200 For Equipment ................................ 455,200 For Equipment: Purchase of Cars and Trucks ...................................... 34,000 For Telecommunications Services............... 62,100 For Operation of Automotive Equipment......... 190,500 Total $4,355,600 Section 23. The following named sums, or so much thereof as may be necessary for the agencies hereinafter named, are appropriated from the Road Fund to the Department of Transportation for implementation of the Illinois Highway Safety Program under provisions of the National Highway Safety Act of 1966, as amended: FOR THE SECRETARY OF STATE For Personal Services ........................ $ 194,100 For Employee Contribution to Retirement System by Employer .......................... 10,800 For State Contributions to State Employees' Retirement System ................ 19,000 For State Contributions to Social Security ... 2,800 For Contractual Services ..................... 71,000 For Travel ................................... 8,900 For Commodities .............................. 10,000 For Printing ................................. 35,700 For Equipment ................................ 25,000 For Operation of Automotive Equipment ........ 24,600 Total $401,900 FOR THE DEPARTMENT OF STATE POLICE For Personal Services ........................ $ 1,077,600 For Employee Contribution to Retirement System by Employer .......................... 59,300 For State Contributions to State Employees' Retirement System ................ 104,700 For State Contributions to Social Security ... 32,400 For Contractual Services ..................... 14,300 For Travel ................................... 8,000 For Commodities .............................. 21,800 For Equipment ................................ 100,000 For Operation of Auto Equipment .............. 107,700 Total $1,525,800 FOR THE DEPARTMENT OF TRANSPORTATION For Contractual Services ..................... $ 60,000 Total $60,000 FOR THE DIVISION OF TRAFFIC SAFETY For Personal Services ........................ $ 1,090,200 For Employee Contribution to Retirement System by Employer .......................... 43,600 For State Contributions to State Employees' Retirement System ........................... 105,900 For State Contributions to Social Security ... 83,400
HOUSE OF REPRESENTATIVES 4707 For Contractual Services ..................... 2,699,700 For Travel ................................... 72,900 For Commodities .............................. 71,900 For Printing ................................. 82,400 For Equipment ................................ 5,400 For Telecommunications Services .............. 4,800 Total $4,260,200 FOR THE DEPARTMENT OF PUBLIC HEALTH For Contractual Services ..................... $ 146,900 For Travel ................................... 7,300 For Commodities .............................. 10,000 For Printing ................................. 2,000 Total $166,200 FOR THE ILLINOIS LAW ENFORCEMENT STANDARDS TRAINING BOARD For Contractual Services ..................... $ 70,000 For Printing ................................. 5,000 Total $75,000 FOR THE DEPARTMENT OF HUMAN SERVICES For Travel ................................... $ 5,000 For Commodities .............................. 42,000 Total $47,000 FOR DEPARTMENT OF CHILDREN AND FAMILY SERVICES For Commodities ......................................5,000 FOR LOCAL GOVERNMENTS For Local Government Projects by Municipalities and Counties ...................$ 3,744,800 Section 24. The following named sums, or so much thereof as may be necessary for the agencies hereafter named, are appropriated from the Road Fund to the Department of Transportation for implementation of the Alcohol Traffic Safety Programs of Title XXIII of the Surface Transportation Assistance Act of 1982, as amended by the Transportation Equity Act for the 21st Century: FOR THE ADMINISTRATIVE OFFICE OF THE ILLINOIS COURTS (410) For Contractual Services ..................... $ 10,100 For Travel ................................... 18,400 Total $28,500 FOR THE DIVISION OF TRAFFIC SAFETY (410) For Contractual Services ..................... $ 11,400 For Travel ................................... 3,000 For Commodities .............................. 53,500 For Printing ................................. 23,000 Total $90,900 FOR THE SECRETARY OF STATE (410) For Personal Services ........................ $ 47,200 For Employee Contribution to Retirement System by Employer .......................... 2,900 For the State Contribution to State Employees' Retirement System ................ 5,100 For the State Contribution to Social Security .................................... 4,000 For Contractual Services ..................... 48,000 For Travel ................................... 24,800 For Commodities .............................. 35,600 For Printing ................................. 29,100 For Equipment ................................ 8,000 For Telecommunication Services ............... 1,000 For Operation of Auto Equipment .............. 2,500 Total $208,200 FOR THE DEPARTMENT OF STATE POLICE (410)
4708 JOURNAL OF THE [May 14, 1999] For Personal Services ........................ $ 200,000 For Employee Contribution to Retirement System by Employer .......................... 11,000 For the State Contribution to State Employees' Retirement System ................ 19,400 For the State Contribution to Social Security .................................... 2,400 For Contractual Services ..................... 25,400 For Travel ................................... 1,000 For Commodities .............................. 4,300 For Equipment ................................ 68,100 For Operation of Auto Equipment............... 11,600 Total $343,200 FOR THE ILLINOIS LAW ENFORCEMENT STANDARDS TRAINING BOARD (410) For Contractual Services ..................... $ 120,000 For Printing ................................. 5,000 Total $125,000 FOR THE ILLINOIS COMMUNITY COLLEGE BOARD (410) For Contractual Services ..................... $ 24,600 For Travel ................................... 3,000 For Commodities .............................. 900 For Printing ................................. 1,500 Total $30,000 FOR THE DEPARTMENT OF NATURAL RESOURCES (410) For Contractual Services ..................... 8,000 For Travel ................................... 1,000 For Commodities .............................. 4,000 For Printing ................................. 2,000 For Equipment ................................ $ 34,000 Total $49,000 FOR LOCAL GOVERNMENTS For Local Government Projects by Municipalities and Counties .....................$2,500,000 Section 25. The following named sums or so much thereof as may be necessary for the agencies hereafter named, are appropriated from the Road Fund to the Department of Transportation for implementation of the Section 163 Impaired Driving Incentive Grant Program (.08 Alcohol) as authorized by the Transportation Equity Act for the 21st Century: For THE DIVISION OF TRAFFIC SAFETY (.08) For Contractual Services ........................$1,930,500 FOR THE DEPARTMENT OF STATE POLICE(.08) For Equipment ...................................$1,266,100 Section 26. No contract shall be entered into or obligation incurred or any expenditure made from an appropriation herein made in Section 2 Permanent Improvements Section 18a1 Series B (Aeronautics) Section 18a2 GRF Capital (Aeronautics) Section 19b GRF Reduced Fares Downstate Section 19b1 GRF Reduced Fares RTA Section 19b2 Series B (Transit) Section 19b4 SCIP Debt Service Section 19b8 GRF Capital (Transit) Section 20a GRF Rail Passenger Section 20a1 GRF Rail Freight Program Section 20a2 State Rail Freight Loan Repayment Section 20a3 Fed Rail Freight Loan Repayment Section 20a4 GRF Rail Freight Match Section 20a5 Fed High Speed Rail Trust
HOUSE OF REPRESENTATIVES 4709 Section 20a6 GRF High Speed Rail of this Article until after the purpose and the amount of such expenditure has been approved in writing by the Governor. ARTICLE 16 CENTRAL ADMINISTRATION AND PLANNING LUMP SUMS Section 1a. The sum of $377,600, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made in the line item, "For Planning, Research and Development Purposes" for the Central Offices, Administration and Planning in Article 86, Section 1a and Article 87, Section 1a of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. Section 1a1. The sum of $1,419,400, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation concerning Asbestos Abatement heretofore made in Article 86, Section 1a and Article 87, Section 1a1 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. Section 1a2. The sum of $44,361,400, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made for metropolitan planning in Article 86, Section 1a and Article 87, Section 1a2 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. Section 1a3. The sum of $1,459,900, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made for the establishment and operation of an Illinois Transportation Research Center and the conduct of transportation research in Article 86, Section 1a and Article 87, Section 1a3 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. Section 1a4. The sum of $2,247,700, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made in Article 86, Section 1a and Article 87, Section 1a4 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for metropolitan planning and research purposes. Section 1a5. The sum of $4,642,300, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made in Article 87, Section 1a5 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for Phase II of the ADVANCE demonstration project for the state share as provided by law. Section 1a6. The sum of $10,617,400, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation
4710 JOURNAL OF THE [May 14, 1999] heretofore made in Article 87, Section 1a6 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for Phase II of the ADVANCE demonstration project for the federal and private share as provided by law. Section 1a7. The sum of $14,952,700, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made in Article 86, Section 1a and Article 87, Section 1a7 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the federal share of the Midwest ITS Priority Corridor Program. Section 1a8. The sum of $3,005,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made in Article 86, Section 1a and Article 87, Section 1a8 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the state share of the Midwest ITS Priority Corridor Program. AWARDS AND GRANTS Section 1b. The sum of $49,250,200, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made in Article 86, Section 1b and Article 87, Section 1b of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for Enhancement and Congestion Mitigation and Air Quality Projects. Section 1b1. The sum of $84,900 or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation concerning the Interstate 355 Southern Extension Corridor Planning Council heretofore made in Article 87, Section 1b1 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Department of Transportation for the same purposes. CAPITAL IMPROVEMENTS, HIGHWAYS PERMANENT IMPROVEMENTS Section 2. The sum of $15,767,300, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation concerning Permanent Improvements heretofore made in Article 86, Section 2 and Article 87, Section 2 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. CENTRAL OFFICE, DIVISION OF HIGHWAYS LUMP SUM Section 3. The sum of $467,500, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation concerning vehicle damages heretofore made in Article 86, Section 4a and Article 87, Section 3 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. AWARDS AND GRANTS Section 3a. The sum of $5,483,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation
HOUSE OF REPRESENTATIVES 4711 concerning railroad relocation demonstration projects heretofore made in Article 87, Section 3a of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the same purposes, provided such amount does not exceed funds to be made available from the federal government. Section 3a1. The sum of $23,851,600, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriations and reappropriations heretofore made for Local Traffic Signal Maintenance Agreements and City, County and other State Maintenance Agreements in Article 86, Section 4b1 and Article 87, Section 3a1 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. Section 3a2. The sum of $156,600, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation concerning the State share of railroad relocation demonstration projects heretofore made in Article 87, Section 3a2 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. CONSTRUCTION Section 3b. The sum of $50,053,900, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 16b of Public Act 90-0585, as amended, for engineering and consultant contracts only, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. Section 3b1. The sum of $14,072,400, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made for "Engineering and Consultant Contracts" in Article 87, Section 3b6 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. Section 3b2. The sum of $11,139,700, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriations heretofore made for "Engineering and Consultant Contracts" in Article 87, Section 3b5 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. Section 3b3. The sum of $18,984,500, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriations heretofore made in Article 87, Sections 3b, 3b1, 3b2, 3b3, and 3b4 of Public Act 90-0585, as amended, for engineering and consultant contracts, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. Section 3b4. The sum of $500,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriations heretofore made in Article 87, Section 3b7 of Public Act 90-0585, as amended, for preliminary engineering for western access to O'Hare Airport, is reappropriated from the Road Fund to the Department of Transportation for the same purposes.
4712 JOURNAL OF THE [May 14, 1999] Section 3b5. The sum of $2,841,800, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation concerning hazardous materials made in Article 86, Section 4c and Article 87, Section 3b8 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. Section 3b6. The sum of $15,988,300, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made for Formal Contracts in the line item, "For Maintenance, Traffic and Physical Research Purposes (A)" for the Central Offices, Division of Highways, in Article 86, Section 4c and Article 87, Section 3b9 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. Section 3b7. The sum of $6,889,300, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation concerning Highway Damage Claims heretofore made in Article 86, Section 4c and Article 87, Section 3b10 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. DIVISION OF TRAFFIC SAFETY AWARDS AND GRANTS Section 4. The sum of $2,323,100, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made in Article 86, Section 5a1 and Article 87, Section 4 of Public Act 90-0585, as amended, is reappropriated from the Cycle Rider Safety Training Fund to the Department of Transportation for the same purposes. CONSTRUCTION DIVISION AWARDS AND GRANTS Section 5a. The sum of $17,854,200, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made for township bridges in Article 86, Section 16 and Article 87, Section 5a of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. CONSTRUCTION Section 5b1. The following named sums, or so much thereof as may be necessary and remain unexpended at the close of business on June 30, 1999, from the appropriations heretofore made in Article 86, Section 16b of Public Act 90-0585, as amended, are reappropriated from the Road Fund to the Department of Transportation for preliminary engineering and construction engineering and contract costs of construction, including reconstruction, extension and improvement of State highways, arterial highways, roads, access areas, roadside shelters, rest areas, fringe parking facilities and sanitary facilities, and such other purposes as provided by the "Illinois Highway Code"; for purposes allowed or required by Title 23 of the U.S. Code, for bikeways as provided by Public Act 78-850; and for land acquisition and signboard removal and control, junkyard removal and control and preservation of natural beauty; and for capital improvements which directly facilitate an
HOUSE OF REPRESENTATIVES 4713 effective vehicle weight enforcement program, such as scales (fixed and portable), scale pits and scale installations and scale houses, in accordance with applicable laws and regulations as follows: District 1, Schaumburg ....................... $192,393,200 District 2, Dixon ............................ 42,208,800 District 3, Ottawa ........................... 31,614,200 District 4, Peoria ........................... 28,685,000 District 5, Paris ............................ 18,259,400 District 6, Springfield ...................... 34,517,500 District 7, Effingham ........................ 16,848,800 District 8, Collinsville ..................... 36,392,600 District 9, Carbondale ....................... 19,772,500 Statewide .................................... 104,676,100 Total $525,368,100 Section 5b2. The sum of $140,838,900, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriations heretofore made in Article 87, Section 5b1 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. Section 5b3. The sum of $93,289,700, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriations heretofore made in Article 87, Section 5b2 of Public Act 90-0585, as amended, except for "Engineering and Consultant Contracts" is reappropriated from the Road Fund to the Department of Transportation for the same purposes. Section 5b4. The sum of $66,369,600, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriations heretofore made in Article 87, Section 5b3 of Public Act 90-0585, as amended, except for "Engineering and Consultant Contracts" is reappropriated from the Road Fund to the Department of Transportation for the same purposes. Section 5b5. The sum of $116,715,400, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriations heretofore made in Article 87, Sections 5b4, 5b5, 5b6, 5b7, and 5b8 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. Section 5b6. The sum of $1,054,500, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriations heretofore made in Article 87, Section 5b9 of Public Act 90-0585, as amended, is reappropriated from the Capital Development Fund to the Department of Transportation for use as matching funds for the Illinois Transportation Enhancement program for the Historic Preservation Agency. Section 5b7. The sum of $27,900, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriations heretofore made in Article 87, Section 5b10 of Public Act 90-0585, as amended, is reappropriated from the Capital Development Fund to the Department of Transportation for use as matching funds for the Illinois Transportation Enhancement program for the Department of Natural Resources. Section 5b8. The following named sums, or so much thereof as may be necessary and remain unexpended at the close of business on June 30, 1999, from the appropriations
4714 JOURNAL OF THE [May 14, 1999] heretofore made in Article 86, Section 16b1 of Public Act 90-0585, as amended, are reappropriated from the State Construction Account Fund to the Department of Transportation for the same purpose: District 1, Schaumburg ....................... $ 203,829,900 District 2, Dixon ............................ 37,792,500 District 3, Ottawa ........................... 25,249,700 District 4, Peoria ........................... 24,765,000 District 5, Paris ............................ 16,571,000 District 6, Springfield ...................... 28,660,600 District 7, Effingham ........................ 9,137,800 District 8, Collinsville ..................... 29,418,200 District 9, Carbondale ....................... 18,814,400 Statewide .................................... 13,033,500 Total $407,272,600 Section 5b9. The sum of $341,365,000 or so much thereof as may be necessary and remain unexpended at the close of business on June 30, 1999, from the appropriations heretofore made in Article 87, Section 5b11 of Public Act 90-0585, as amended, is reappropriated from the State Construction Account Fund to the Department of Transportation for the same purposes. Section 5b10. The sum of $47,449,800, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriations heretofore made in Article 87, Section 5b12 of Public Act 90-0585, as amended, is reappropriated from the State Construction Account Fund to the Department of Transportation for the same purposes. Section 5b11. The sum of $3,156,400, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made in Article 87, Section 5b13 of Public Act 90-0585, as amended, is reappropriated from the State Construction Account Fund to the Department of Transportation for the same purposes. Section 5b12. The sum of $28,161,900, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriations heretofore made in Article 87, Sections 5b14, 5b15, 5b16, 5b17, and 5b18 of Public Act 90-0585, as amended, is reappropriated from the State Construction Account Fund to the Department of Transportation for the same purposes. Section 5b13. The sum of $67,092,400, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made for grade crossing protection or grade separation in Article 86, Section 17 and Article 87, Section 5b19 of Public 90-0585, as amended, is reappropriated from the Grade Crossing Protection Fund to the Department of Transportation for the same purpose. AERONAUTICS DIVISION AWARDS AND GRANTS Section 6a. The sum of $325,018,200, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made in Article 86, Section 18a and Article 87, Section 6a of Public Act 90-0585, as amended, is reappropriated from the Federal/Local Airport Fund to the Department of Transportation for the same purposes. Section 6a1. The sum of $30,281,600, or so much thereof
HOUSE OF REPRESENTATIVES 4715 as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation concerning airport improvements heretofore made in Article 86, Section 18a1 and Article 87, Section 6a1 of Public Act 90-0585, as amended, is reappropriated from the Transportation Bond Series B Fund to the Department of Transportation for the same purposes. Section 6a2. The sum of $920,500, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation concerning airport improvements heretofore made in Article 86, Section 18a2 and Article 87, Section 6a2 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Department of Transportation for the same purposes. HIGHWAY SAFETY PROGRAM - DIVISION OF TRAFFIC SAFETY AWARDS AND GRANTS Section 7a. The sum of $6,667,400, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation concerning Highway Safety Grants heretofore made in Article 86, Section 23 and Article 87, Section 7a of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the purpose of Local Government Projects by Municipalities and Counties. Section 7a1. The sum of $5,069,900, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation concerning Alcohol Traffic Safety Grants (410) heretofore made in Article 86, Section 24 and Article 87, Section 7a1 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the purpose of Local Government Projects by Municipalities and Counties. PUBLIC TRANSPORTATION DIVISION LUMP SUMS Section 8a. The sum of $360,600, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made for public transportation technical studies in Article 86, Section 19a and Article 87, Section 8a of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Department of Transportation for the same purposes. Section 8a1. The sum of $1,352,700, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made in Article 86, Section 19a1 and Article 87, Section 8a1 of Public Act 90-0585, as amended, is reappropriated from the Federal Mass Transit Trust Fund to the Department of Transportation for federal reimbursement of transit studies as provided by the Transportation Equity Act for the 21st Century. AWARDS AND GRANTS Section 8b. The following named sums, or so much thereof as may be necessary and remain unexpended at the close of business on June 30, 1999, from the appropriations and reappropriations heretofore made in Article 86, Section 19b2 and Article 87, Section 8b, 8b3 and 8b4 of Public Act 90-0585, as amended, are reappropriated from the Transportation Bond Series B Fund to the Department of
4716 JOURNAL OF THE [May 14, 1999] Transportation for the same purposes as follows: Pursuant to Section 4(b)(1) of the General Obligation Bond Act, as amended ..................................... $137,590,900 For the counties of the State outside the counties of Cook, DuPage, Kane, McHenry, and Will, pursuant to Section 4(b)(1) of the General Obligation Bond Act, as amended ............. 16,220,400 Total $153,811,300 Section 8b1. The following named sums, or so much thereof as may be necessary and remain unexpended at the close of business on June 30, 1999, from the reappropriations heretofore made in Article 87, Section 8b1 of Public Act 90-0585, as amended, are reappropriated from the Transportation Bond Series B Fund to the Department of Transportation for the same purposes as follows: Pursuant to Section 4(b)(1) of the General Obligation Bond Act, as amended...... $ 6,884,200 For the counties of Cook, DuPage, Kane, Lake, McHenry and Will, pursuant to Section 4(b)(2) of the General Obligation Bond Act, as amended ............. 5,984,800 For the counties of the State outside the counties of Cook, DuPage, Kane, Lake, McHenry and Will, pursuant to Section 4(b)(3) of the General Obligation Bond Act, as amended ........................ 1,893,200 Total $14,762,200 Section 8b2. The sum of $6,814,900, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made in Article 87, Section 8b2 of Public Act 90-0585, as amended, is reappropriated from the Transportation Bond Series B Fund to the Department of Transportation for the same purposes. Section 8b3. The following named sums, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriations heretofore made in Article 87, Section 8b and 8b3 of Public Act 90-0585, as amended, are reappropriated from the Transportation Bond Series B Fund to the Department of Transportation for the same purpose as follows: For the Department of Transportation's Operation Greenlight Program pursuant to Section 4(b)(1) of the General Obligation Bond Act, as amended ........30,579,400 Section 8b4. The sum of $7,152,800, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made for the Transit Suburban Interstate Transfer Program in Article 87, Section 8b5 of Public Act 90-0585, as amended, is reappropriated from the Federal Mass Transit Trust Fund to the Department of Transportation for the same purposes. Section 8b5. The sum of $7,751,800, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriations and reappropriations heretofore made in Article 86, Section 19b7 and Article 87, Section 8b6 of Public Act 90-0585, as amended, is reappropriated from the Federal Mass Transit
HOUSE OF REPRESENTATIVES 4717 Trust Fund to the Department of Transportation for rural and small urban transit services pursuant to Section 18 of the Federal Transit Act, as amended, for operating and capital assistance. Section 8b6. The sum of $11,687,100, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation concerning Public Transportation heretofore made in Article 86, Section 19b8 and Article 87, Section 8b7 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Department of Transportation for the same purposes. Section 8b7. The sum of $4,775,400, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made for participation in Section 16(b)2 of the Federal Transit Act (Section 5310 of the USC), as amended, in Article 86, Section 19b9 and Article 87, Section 8b8 of Public Act 90-0585, as amended, is reappropriated from the Federal Mass Transit Trust Fund to the Department of Transportation for the same purposes. Section 8b8. The sum of $32,700,600, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made in Article 86, Section 19b10 and Article 87, Section 8b9 of Public Act 90-0585, as amended, is reappropriated from the Federal Mass Transit Trust Fund to the Department of Transportation for the federal share of capital and operating grants pursuant to Section 3, Section 9, and Section 18(I) of the Federal Transit Act, (Section 5307, Section 5309, and Section 5311(f) of the USC), as amended, for the same purposes. Section 8b9. The sum of $266,500, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriations and reappropriation heretofore made in Article 86, Section 19b11 and Article 87, Section 8b10 of Public Act 90-0585, as amended, is reappropriated from the Federal Mass Transit Trust Fund to the Department of Transportation for the Rural Transit Assistance Program pursuant to Section 18(h) of the Federal Transit Act (Section 5311(b)(2) of the USC), as amended. RAIL PASSENGER AND RAIL FREIGHT AWARDS AND GRANTS Section 9a. The sum of $6,338,600, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation concerning Rail Freight Service Assistance Program heretofore made in Article 86, Section 20a1 and Article 87, Section 9a of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Department of Transportation for the same purposes. Section 9a1. The sum of $4,099,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made in Article 86, Section 20a2 and Article 87, Section 9a1 of Public Act 90-0585, as amended, is reappropriated from the State Rail Freight Loan Repayment Fund to the Department of Transportation for the same purposes.
4718 JOURNAL OF THE [May 14, 1999] Section 9a2. The sum of $3,511,500, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation concerning the federal share of the Rail Freight Loan Repayment Program heretofore made in Article 86, Section 20a3 and Article 87, Section 9a2 of Public Act 90-0585, as amended, is reappropriated from the Rail Freight Loan Repayment Fund to the Department of Transportation for the same purposes. Section 9a3. The sum of $1,534,700, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation concerning the State's share of the Rail Freight Loan Repayment Program heretofore made in Article 86, Section 20a4 and Article 87, Section 9a3 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Department of Transportation for the same purposes. Section 9a4. The sum of $3,027,500, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made in Article 87, Section 9a4 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Department of Transportation for the federal share of the High Speed Rail Project. Section 9a5. The sum of $11,369,700, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made in Article 86, Section 20a5 and Article 87, Section 9a5 of Public Act 90-0585, as amended, is reappropriated from the Federal High Speed Rail Trust Fund to the Department of Transportation for the federal share of the High Speed Rail Project. Section 9a6. The sum of $3,926,500, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation and reappropriation heretofore made in Article 86, Section 20a6 and Article 87, Section 9a6 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Department of Transportation for the state share of the High Speed Rail Project. GA PROJECT ADD-ONS Section 10a1. The sum of $900,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made in Article 87, Section 10a1 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for all costs associated with streetscaping and other improvements to the entrance of Oak Ridge Cemetery in Springfield. Section 10a2. The sum of $2,600, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made in Article 87, Section 10a5 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for all costs associated with the construction of a roadway off of Route 177 in Okawville. Section 10a3. The sum of $444,300, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation
HOUSE OF REPRESENTATIVES 4719 heretofore made in Article 87, Section 10a6 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the widening of Route 1 south of Paris. Section 10a4. The sum of $400,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made in Article 87, Section 10a7 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for all costs associated with infrastructure improvements including replacement of, or closure of the Gaumer bridge near Alvin. Section 10a5. The sum of $485,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made in Article 87, Section 10a8 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for all costs associated with Phase II planning and engineering of improvements to East Main Street in Danville. Section 10a6. The sum of $1,000,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made in Article 87, Section 10a9 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for Phases I and II environmental studies and engineering for the Lynch Road beltline. Section 10a7. The sum of $1,729,900, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made in Article 87, Section 10a10 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for all costs associated with the upgrade of roads accessing the Catlin Coal Company to make the roads accessible to vehicles up to 80,000 pounds. Section 10a8. The sum of $791,400, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made in Article 87, Section 10a11 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for traffic improvements at Morton West High School. Section 10a9. The sum of $278,500, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made in Article 87, Section 10a14 of Public Act 90-0585, is reappropriated from the Road Fund to the Department of Transportation for the resurfacing of Route 25 from Bluff City Boulevard to Congdon Avenue in Elgin. Section 10a10. The sum of $618,900, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made in Article 87, Section 10a15 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the installation of turn lanes at Route 19 and Shales Parkway and Route 19 and Rohrson road in Elgin. Section 10a11. The sum of $2,250,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation
4720 JOURNAL OF THE [May 14, 1999] heretofore made in Article 87, Section 10a19 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for all costs associated with stop light synchronization in the City of Springfield. Section 10a12. The sum of $142,200, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made in Article 87, Section 10a20 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for all costs associated with the reconstruction of Broadway Avenue in Rockford. Section 10a13. The sum of $150,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made in Article 87, Section 10a25 of Public Act 90-0585, is reappropriated from the Road Fund to the Illinois Department of Transportation for the installation of signalization on LaGrange Road in the Village of Hodgkins. GA PROJECT ADD-ONS Section 11. The sum of $10,585,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999 from the reappropriation heretofore made in Article 87, Section 11 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for the same purposes. GA PROJECT ADD-ONS Section 12s1. The sum of $250,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made in Article 87, Section 12s1 of Public Act 90-0585, is reappropriated from the Road Fund to the Illinois Department of Transportation for all costs associated with rehabilitation of the Old State Capitol Square in Springfield. Section 12s2. The sum of $388,400, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the reappropriation heretofore made in Article 87, Section 12s2 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Department of Transportation for expenses associated with work on the US 20 by-pass at Elgin. Section 13. The sum of $400,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 27 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Department of Transportation for the Village of Berkeley for all costs associated with the resurfacing, rebuilding, reconstruction, and replacement of St. Charles Road between Interstate 290 and Wolf Road. Section 14. The sum of $550,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 28 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for the City of Darien for all costs associated with the rebuilding, reconstruction, resurfacing, removal, and replacement of the south frontage road of Interstate 55. Section 15. The sum of $250,000, or so much thereof as may be necessary and remains unexpended at the close of
HOUSE OF REPRESENTATIVES 4721 business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 30 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for the Village of Prairie Grove for all costs associated with Phase III of the installation of turn lanes and traffic signals at the intersection of Illinois Route 176 and Valley View Road in McHenry County. Section 16. The sum of $500,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 35 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for all costs associated with the repair, resurfacing, rehabilitation, renovation, replacement, and improvement of Cold Spring Township Road one-half mile south of the intersection of Township Roads 825E and 650N. Section 17. The sum of $679,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 36 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for the Village of Glencoe for all costs associated with the resurfacing and rehabilitation of Dundee Road from Forestway Drive to Green Bay Road in Glencoe, in addition to other appropriated funds. Section 18. The sum of $200,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 41 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for road construction, repair, replacement, and resurfacing in Section 24/Central Township in Bond County. Section 19. The sum of $350,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 42 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for all costs associated with replacement of the bridge located on Township Road 78, one mile south of Fisher in Newcomb-Condit Township. Section 20. The sum of $9,978,800, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 44 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Illinois Department of Transportation, in addition to any funds otherwise appropriated for the same purposes, for, but not limited to, the following projects at the approximate costs set forth below: For a traffic study and signalization at the intersection of Bradfordton Road and Route 97 in Sangamon County ...........$ 400,000 For improvements to, and the extension of, Jackson Street in DuQuoin .....................200,000 For the addition of lanes on 143rd Street from U.S. 45 to IL 43 in Orland Park ............4,000,000 For installation of traffic signals on Route 1 and on Route 24 in Watseka .............500,000
4722 JOURNAL OF THE [May 14, 1999] For replacement of the Williams Street bridge over Stony Creek in Danville ...............800,000 For improvements to State Street in Ridge Farm ......................................1,500,000 For improvements on Harlem Avenue from 16th Street to 26th Street in North Riverside ..........400,000 For improvements on Sangamon Avenue from Hastings to Dirksen in Springfield .....................................1,978,800 For other necessary projects .......................200,000 Section 21. The sum of $150,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 45 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for the Village of Prairie Grove for signalization at Route 176 and Valley View Road. Section 22. The sum of $150,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 46 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for the City of McHenry for signalization at Route 31 and Shamrock Lane. Section 23. The sum of $100,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 54 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for the Village of Libertyville for signalization at Route 21 and Condell Drive. Section 24. The sum of $150,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 59 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for a feasibility study for extension of 143rd Street from I-55 to Route 30. Section 25. The sum of $750,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 63 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for the Village of LaGrange to resurface LaGrange Road form Ogden to I-55. Section 26. The sum of $170,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 67 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for the Village of Machesney Park for Route 251 road improvements. Section 27. The sum of $300,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 72 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for Phase I engineering for an overpass on Veteran's Memorial Drive over I-57 to Wells Bypass Road in the City of Mt. Vernon.
HOUSE OF REPRESENTATIVES 4723 Section 28. The sum of $200,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 73 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Illinois Department of Transportation for road improvements in Pembroke Township/Hopkins Park. Section 29. The sum of $100,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 74 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for an engineering study at the Route 1 intersection in Beecher. Section 30. The sum of $500,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 75 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for a study of the expansion of Route 23 to four lanes from Streator to Ottawa. Section 31. The sum of $250,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 77 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for topical resurfacing of existing roadway from Kedzie Avenue to Bell Avenue. Section 32. The sum of $500,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 81 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for Phase I engineering for street lighting and traffic signals from Western Avenue to Theodore on U.S. Route 30. Section 33. The sum of $4,800,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 85 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Illinois Department of Transportation for the City of Chicago for the same purposes. Section 34. The sum of $400,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 88 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for intersection improvements and traffic lights installation at 94th and Kedzie Avenue in Evergreen Park. Section 35. The sum of $400,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 91 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for the Village of Niles for intersection improvements, traffic signals, and other necessary road improvements near Touhy and Harlem Avenues.
4724 JOURNAL OF THE [May 14, 1999] Section 36. The sum of $100,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 94 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for necessary road improvements near the Village of Staunton between Interstate 55 west to the village. Section 37. The sum of $325,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 96 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for the City of Chicago for curbs and roadway improvements on Foster Avenue. Section 38. The sum of $75,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 97 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for the City of Chicago for curbs and roadway improvements along Elston Avenue between Central and Milwaukee Avenues. Section 39. The sum of $150,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 98 of Public Act 90-0585, as amended, is reappropriated from the Capital Development Fund to the Illinois Department of Transportation for the City of Chicago for preliminary engineering for a pedestrian crossing over the Canadian National Railroad tracks at West 79th Street and South Central Park Avenue. Section 40. The sum of $600,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 99 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for the City of Chicago for resurfacing Pulaski Road from 79th to 87th. Section 41. The sum of $5,000,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 101 of Public Act 90-0585, as amended, is reappropriated from the Road Fund to the Illinois Department of Transportation for all costs associated with preliminary planning, design, engineering and construction of the system of access roads parallel to I-190 between Mannheim Road and the Tri-State Tollway. Section 42. The sum of $274,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 102 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation to resurface or repair Martin Luther King Drive between 67th and 79th Streets. Section 43. In addition to any other funds that may by appropriated for the same purpose, the sum of $100,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 103 of
HOUSE OF REPRESENTATIVES 4725 Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for necessary studies for sound barriers along I-90/94 Dan Ryan Expressway between 35th and 95th. Section 44. The sum of $515,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 105 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for resurfacing and cold milling on Illinois River Bridge in Morris. Section 45. The sum of $560,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 106 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for resurfacing and shoulder reconstruction on Illinois Route 115 north of Cabery. Section 46. The sum of $105,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from the appropriation heretofore made in Article 86, Section 110 of Public Act 90-0585, as amended, is reappropriated from the General Revenue Fund to the Illinois Department of Transportation for Crete Township for sewer and water projects, including but not limited to, land acquisition and easements near the Calumet Gardens subdivision. Section 47. No contract shall be entered into or obligation incurred or any expenditure made from a reappropriation herein made in Section 2 Permanent Improvements Section 3a Rail Relocation - Federal Section 3a2 Rail Relocation - State Section 5b10 CDB - Enhancement Section 5b11 CDB - Enhancement Section 6a1 Series B (Aeronautics) Section 6a2 GRF Capital (Aeronautics) Section 8b Series B (Transit) Section 8b1 Series B (Transit) Section 8b2 Series B (Transit) Section 8b3 Series B (Transit) Section 8b6 GRF Capital (Transit) Section 9a GRF Rail Freight Program Section 9a1 State Rail Freight Loan Repayment Section 9a2 Federal Rail Freight Loan Repayment Section 9a3 GRF Rail Freight Match Section 9a4 GRF High Speed Rail - Federal Section 9a5 FHSRTF High Speed Rail - Federal Section 9a6 GRF High Speed Rail - State of this Article until after the purpose and the amount of such expenditure has been approved in writing by the Governor. Section 999. Effective date. This Act takes effect on July 1, 1999.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 52 was placed on the Calendar on the order of Concurrence.
4726 JOURNAL OF THE [May 14, 1999] 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 452 A bill for AN ACT concerning real property. 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. 452. Senate Amendment No. 2 to HOUSE BILL NO. 452. Senate Amendment No. 3 to HOUSE BILL NO. 452. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 452 as follows: by replacing lines 5 through 31 on page 1 and lines 1 through 30 on page 2 with the following: "Section 5-5. Upon payment of the sum of $1, the Director of Natural Resources, on behalf of the State of Illinois, is authorized to convey by quitclaim deed to the Village of Bartlett all right, title, and interest in and to the following described real property: That part of the Southeast Quarter of Section 36, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: commencing at the Southeast corner of said Southeast Quarter; thence North 00 degrees 28 minutes 15 seconds West, along the East line of said Southeast Quarter, a distance of 1,069.80 feet for the Point of Beginning; thence South 00 degrees 28 minutes 15 seconds East, along said East line, a distance of 933.00 feet; thence South 88 degrees 37 minutes 14 seconds West, parallel. with the South line of said Southeast Quarter, a distance of 721.09 feet; thence North 00 degrees 28 minutes 15 seconds West, parallel with the aforesaid East line, a distance of 565.89 feet; thence South 88 degrees 37 minutes 14 seconds West, parallel with the aforesaid South line, a distance of 537.87 feet, to the Easterly right of way line of State Route No. 25 (said right of way line being 33.0 feet Easterly of the centerline); thence Northerly, along said right of way line, being along a Curve to the Left having a Radius of 375,747.50 feet and a Chord Bearing of North 02 degrees 41 minutes 22 seconds West, an Arc Distance of 367.16 feet, to a line that is parallel with the aforesaid South line and passes through the Point of Beginning; thence North 88 degrees 37 minutes 14 seconds East, along said parallel line, a distance of 1273.17 feet to the Point of Beginning, being situated in the Village of Bartlett, Kane County, Illinois, and containing 20.035 acres, more or less. Section 5-10. The conveyance of real property authorized by Section 5-5 shall be made subject to (1) existing public utilities and any and all reservations, easements, covenants, and restrictions of record and (2) the express condition that if said real property
HOUSE OF REPRESENTATIVES 4727 ceases to be used for public outdoor recreational purposes, it shall revert to the State of Illinois without further action on the part of the State. Section 5-15. The Director of Natural Resources shall obtain a certified copy of the portions of this Act containing the title, the enacting clause, the effective date, the appropriate Sections containing the land descriptions of property to be transferred, and this Section within 60 days after this Act's effective date and, upon receipt of payment required by the appropriate Sections, shall record the certified document in the Recorder's office in the county in which the land is located."; and by deleting lines 27 through 32 on page 6 and lines 1 through 16 on page 7; and by deleting lines 6 through 31 on page 8 and lines 1 through 23 on page 9; and by deleting lines 20 through 31 on page 13 and lines 1 through 21 on page 14; and by deleting lines 23 through 30 on page 14, all of pages 15 and 16, and lines 1 through 24 on page 17; and on page 66, line 4, by replacing the period with the following: "; (85) for a period of 24 months after the effective date of this amendatory Act of the 91st General Assembly, by McLean County, for the acquisition of property necessary for the purpose of construction with respect to the Towanda-Barnes Road from Route 150 to Ft. Jesse Road; (86) for a period of 12 months after the effective date of this amendatory Act of the 91st General Assembly, by Pike County, for the acquisition of property necessary for the purpose of construction with respect to F.A.S. 1591, commonly known as Martinsburg Road, from one mile north of Martinsburg to 0.25 mile north of Martinsburg; (87) for a period of 12 months after the effective date of this amendatory Act of the 91st General Assembly, by the Fox Metro Water Reclamation District, for the acquisition of the following described property for the purpose of extending the collector system and construction of facilities for treatment of effluent: THAT PART OF LOTS 2 AND 3 OF LARSON'S SUBDIVISION DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3 BEING ON THE CENTER LINE OF STATE ROUTE NO. 31; THENCE SOUTH 7 DEGREES 01 MINUTES WEST ALONG SAID CENTER LINE 46.58 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 7 DEGREES 01 MINUTES EAST ALONG SAID CENTER LINE 91.58 FEET; THENCE SOUTH 88 DEGREES 31 MINUTES EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 3, 781.87 FEET TO THE EASTERLY LINE OF SAID LOT 2; THENCE SOUTH 19 DEGREES 40 MINUTES WEST ALONG THE EASTERLY LINES OF LOTS 2 AND 3 106.9 FEET; THENCE SOUTH 9 DEGREES 39 MINUTES EAST ALONG THE EASTERLY LINE OF SAID LOT 3, 70.83 FEET TO A LINE DRAWN SOUTH 82 DEGREES 36 MINUTES EAST, PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 3, FROM THE PLACE OF BEGINNING; THENCE NORTH 82 DEGREES 36 MINUTES WEST ALONG SAID PARALLEL LINE 775.16 FEET TO THE PLACE OF BEGINNING, IN THE TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS. ALSO: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 6, TOWNSHIP AND RANGE AFORESAID; THENCE SOUTH ALONG THE WEST LINE OF SAID
4728 JOURNAL OF THE [May 14, 1999] SECTION 6, 1363.34 FEET; THENCE SOUTH 82 DEGREES 36 MINUTES EAST 5298.7 FEET TO THE WESTERLY BANK OF FOX RIVER; THENCE NORTH 18 DEGREES 46 MINUTES WEST ALONG SAID WESTERLY BANK 192.5 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 18 DEGREES 46 MINUTES WEST ALONG SAID WESTERLY BANK 44.35 FEET; THENCE NORTH 37 DEGREES 16 MINUTES WEST ALONG SAID WESTERLY BANK 227.8 FEET; THENCE NORTH 82 DEGREES 36 MINUTES WEST 867.3 FEET TO THE CENTER LINE OF THE ORIGINAL ROAD; THENCE SOUTHERLY ALONG SAID CENTER LINE 200 FEET TO A LINE DRAWN NORTH 82 DEGREES 36 MINUTES WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 82 DEGREES 36 MINUTES EAST 1014.21 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS. ALSO: PARCEL ONE: LOT 5 OF LARSON'S SUBDIVISION, TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 5 WITH THE CENTER LINE OF ILLINOIS STATE ROUTE NUMBER 31; THENCE NORTH 6 DEGREES 44 MINUTES EAST ALONG SAID CENTER LINE 745.75 FEET; THENCE SOUTH 82 DEGREES 30 MINUTES EAST 100 FEET TO THE POINT OF BEGINNING; THENCE SOUTHWESTERLY AT RIGHT ANGLES WITH THE LAST DESCRIBED COURSE, 110 FEET; THENCE SOUTH 83 DEGREES 30 MINUTES EAST TO THE CENTER THREAD OF THE FOX RIVER; THENCE NORTHERLY ALONG SAID CENTER THREAD TO A LINE DRAWN SOUTH 82 DEGREES 30 MINUTES EAST FOR THE POINT OF BEGINNING; THENCE NORTH 82 DEGREES 30 MINUTES WEST TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS. ALSO: THAT PART OF THE SOUTH 1/2 OF THE WEST PART OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN WHICH LIES EAST OF THE CENTER LINE OF STATE ROUTE NO. 31 AND SOUTH OF A LINE EXTENDING SOUTH 82 DEGREES 30 MINUTES EAST FROM A POINT IN THE SAID CENTER LINE OF SAID HIGHWAY THAT IS NORTH 6 DEGREES 44 MINUTES EAST 745.75 FEET FROM THE SOUTH LINE OF SAID SECTION TO THE CENTER THREAD OF THE FOX RIVER (EXCEPT THE RIGHT OF WAY OF THE SAID STATE ROUTE NO. 31 AND A STRIP IN THE NORTHWEST CORNER 67 FEET WIDE AND 325 FEET LONG MEASURED ALONG THE EASTERLY LINE OF SAID HIGHWAY, USED FOR CEMETERY PURPOSES, AND ALSO EXCEPT THAT PART LYING SOUTH OF THE NORTH LINE OF PREMISES CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY WARRANTY DEED RECORDED OCTOBER 9, 1959 AS DOCUMENT 127020 AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 5 WITH THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 31; THENCE NORTH 6 DEGREES 44 MINUTES EAST ALONG SAID CENTER LINE 745.75 FEET; THENCE SOUTH 82 DEGREES 30 MINUTES EAST 100 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHWESTERLY AT RIGHT ANGLES WITH THE LAST DESCRIBED COURSE, 110 FEET; THENCE SOUTH 82 DEGREES 30 MINUTES EAST TO THE CENTER THREAD OF THE FOX RIVER; THENCE NORTHERLY ALONG SAID CENTER THREAD TO A LINE DRAWN SOUTH 82 DEGREES 30 MINUTES EAST FROM THE POINT OF BEGINNING; THENCE NORTH 82 DEGREES 30 MINUTES WEST TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS; (88) for a period of 12 months after the effective date of this amendatory Act of the 91st General Assembly, by St. Clair
HOUSE OF REPRESENTATIVES 4729 County, for the acquisition of property necessary for the purpose of the following county road improvements in the City of O'Fallon and the Village of Shiloh: Section 95-00301-02-PV, Hartman Lane to Shiloh-O'Fallon Road, 2.45 miles of concrete pavement, 24 feet wide, 10-foot shoulders, a 95-foot single-span bridge, earthwork, and traffic signals; (89) for a period of 12 months after the effective date of this amendatory Act of the 91st General Assembly, by St. Clair County, for the acquisition of property necessary for the purpose of the following county road improvements in the City of Fairview Heights: Section 97-00301-04-PV, Metro-Link Station to Illinois Route 159, 2.04 miles of concrete pavement, 24 feet wide, 10-foot shoulders, earthwork, and traffic signals; (90) for a period of 12 months after the effective date of this amendatory Act of the 91st General Assembly, by St. Clair County, for the acquisition of property necessary for the purpose of the following county road improvements in the City of O'Fallon: Section 97-03080-05-PV, Jennifer Court to Station 122+50, 1.52 miles of concrete pavement, 24 to 40 feet wide, 10-foot shoulders, earthwork, storm sewers, curbs, and gutters; (91) for a period of 12 months after the effective date of this amendatory Act of the 91st General Assembly, by Madison County, for the acquisition of property necessary for the purpose of approximately 2.4 miles of roadwork commencing at the intersection of Illinois Route 143 northerly over, adjacent to, and near the location of County Highway 19 (locally known as Birch Drive) to the intersection of Buchts Road, traversing through land sections 19, 20, 29, 30, and 31 of Ft. Russell Township, the work to consist of excavation, fill placement, concrete structures, and an aggregate and bituminous base with bituminous binder and surfacing; (92) for a period of 2 years after the effective date of this amendatory Act of the 91st General Assembly, by Lake County, for the acquisition of property necessary for the purpose of improving County Highway 70 (Hawley Street) from Chevy Chase Road to County Highway 26 (Gilmer Road); (93) for a period of 12 months after the effective date of this amendatory Act of the 91st General Assembly, by Kendall County, for the acquisition of the following described property for the purpose of road construction or improvements, including construction of a bridge and related improvements: THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S 2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 89 DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 4 TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27 MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG THE CENTER LINE OF MINKLER ROAD TO THE CENTER LINE OF ILLINOIS ROUTE 71; THENCE NORTH 0 DEGREES 53 MINUTES 06 SECONDS WEST, 1,084.14 FEET ALONG THE CENTER LINE OF MINKLER ROAD AND THE NORTHERLY EXTENSION THEREOF TO THE NORTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 53 MINUTES 06 SECONDS WEST, 12.95 FEET TO THE SOUTH BANK OF THE FOX RIVER; THENCE NORTH 84 DEGREES 02 MINUTES 18 SECONDS EAST, 192.09 FEET ALONG SAID SOUTH BANK; THENCE SOUTH 23 DEGREES 08 MINUTES 48 SECONDS EAST, 4.22 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD; THENCE SOUTHWESTERLY, 194.71 FEET ALONG A 3,956.53 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS SOUTH 81 DEGREES 25 MINUTES
4730 JOURNAL OF THE [May 14, 1999] 34 SECONDS WEST, 194.69 FEET TO THE POINT OF BEGINNING. AND: THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S 2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 89 DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 4 TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27 MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG THE CENTER LINE OF MINKLER ROAD TO THE CENTER LINE OF ILLINOIS ROUTE 71 FOR THE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 53 MINUTES 06 SECONDS WEST, 52.33 FEET ALONG THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 72 DEGREES 01 MINUTES 36 SECONDS EAST, 130.87 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE NORTH 18 DEGREES 09 MINUTES 27 SECONDS WEST, 111.00 FEET; THENCE NORTH 74 DEGREES 41 MINUTES 24 SECONDS EAST, 40.24 FEET; THENCE NORTH 3 DEGREES 05 MINUTES 16 SECONDS WEST, 239.00 FEET; THENCE SOUTH 89 DEGREES 29 MINUTES 13 SECONDS WEST, 69.62 FEET; THENCE SOUTH 43 DEGREES 09 MINUTES 14 SECONDS WEST, 46.47 FEET; THENCE SOUTH 89 DEGREES 06 MINUTES 54 SECONDS WEST, 20.00 FEET TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 53 MINUTES 06 SECONDS WEST, 595.48 FEET ALONG SAID CENTER LINE AND SAID CENTER LINE EXTENDED NORTHERLY TO THE SOUTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD; THENCE EASTERLY, 222.77 FEET ALONG A 3,881.53 FOOT RADIUS CURVE TO THE RIGHT WHOSE CHORD BEARS NORTH 81 DEGREES 28 MINUTES 59 SECONDS EAST, 222.74 FEET; THENCE SOUTH 20 DEGREES 43 MINUTES 16 SECONDS EAST, 119.40 FEET; THENCE SOUTHERLY, 237.80 FEET ALONG A 717.37 FEET RADIUS CURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 11 DEGREES 13 MINUTES 29 SECONDS EAST, 236.71 FEET; THENCE SOUTH 1 DEGREES 43 MINUTES 42 SECONDS EAST, 471.58 FEET; THENCE SOUTH 55 DEGREES 31 MINUTES 50 SECONDS EAST, 63.07 FEET; THENCE NORTH 72 DEGREES 01 MINUTES 36 SECONDS EAST, 86.50 FEET; THENCE SOUTH 17 DEGREES 58 MINUTES 24 SECONDS EAST, 20.00 FEET TO THE EXISTING NORTH RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE NORTH 72 DEGREES 01 MINUTES 36 SECONDS EAST, 350.00 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 17 DEGREES 58 MINUTES 24 SECONDS EAST, 50.00 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 72 DEGREES 01 MINUTES 36 SECONDS WEST, 836.88 FEET ALONG SAID CENTER LINE TO THE POINT OF BEGINNING. AND: THAT PART OF THE EAST 1/2 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 4 OF CHRISTIE C. HERREN'S 2ND SUBDIVISION; THENCE ON AN ASSUMED BEARING NORTH 89 DEGREES 32 MINUTES 05 SECONDS EAST, 33.00 FEET ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 4 TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27 MINUTES 55 SECONDS WEST, 1,585.91 FEET ALONG SAID CENTER LINE TO THE CENTER LINE OF ILLINOIS ROUTE 71 FOR THE POINT OF BEGINNING; THENCE NORTH 72 DEGREES 01 MINUTES 36 SECONDS EAST, 836.88 FEET ALONG THE CENTER LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 17 DEGREES 58 MINUTES 24 SECONDS EAST, 50.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 64 DEGREES 54 MINUTES 06 SECONDS WEST, 201.56 FEET; THENCE SOUTH 72 DEGREES 01 MINUTES 36 SECONDS WEST, 331.43 FEET; THENCE SOUTH 1 DEGREES 55 MINUTES 17 SECONDS WEST, 144.09 FEET; THENCE SOUTHERLY 327.44 FEET ALONG AN 853.94 FOOT RADIUS CURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 12 DEGREES 54 MINUTES 22 SECONDS WEST, 325.44 FEET; THENCE SOUTH 23 DEGREES 53 MINUTES 28 SECONDS WEST, 211.52 FEET;
HOUSE OF REPRESENTATIVES 4731 THENCE SOUTHERLY 289.43 FEET ALONG A 673.94 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS SOUTH 11 DEGREES 35 MINUTES 17 SECONDS WEST, 287.21 FEET; THENCE SOUTH 0 DEGREES 42 MINUTES 55 SECONDS EAST, 135.43 FEET; THENCE SOUTH 89 DEGREES 17 MINUTES 05 SECONDS WEST, 85.98 FEET TO THE CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27 MINUTES 55 SECONDS WEST, 459.31 FEET ALONG SAID CENTER LINE; THENCE NORTH 21 DEGREES 25 MINUTES 47 SECONDS EAST, 232.86 FEET; THENCE NORTHERLY 266.09 FEET ALONG A 693.94 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 12 DEGREES 54 MINUTES 22 SECONDS EAST, 264.46 FEET; THENCE NORTH 1 DEGREES 55 MINUTES 17 SECONDS EAST, 64.92 FEET; THENCE NORTH 53 DEGREES 01 MINUTES 20 SECONDS WEST, 30.54 FEET; THENCE SOUTH 72 DEGREES 01 MINUTES 36 SECONDS WEST, 132.59 FEET TO ThE CENTER LINE OF MINKLER ROAD; THENCE NORTH 0 DEGREES 27 MINUTES 55 SECONDS WEST, 73.38 FEET ALONG SAID CENTER LINE TO THE POINT OF BEGINNING; (94) For a period of 2 years after the effective date of this amendatory Act of the 91st General Assembly, by DuPage Public Safety Communications (DU-COMM), a unit of intergovernmental cooperation, for the acquisition of property including land, buildings, towers, fixtures, and other improvements located at Cloverdale, Illinois and described as follows: A tract or parcel of land situated in the Southeast Quarter (SE 1/4) of Section Twenty-one (21), Township Forty (40) North, Range Ten (10) East of the Third Principal Meridian, more particularly described as follows: Commencing at the Southwest corner of the Southeast Quarter (SE 1/4) of said Section Twenty-one (21), measure North, along the West line of the Southeast Quarter (SE 1/4) of said Section Twenty-one (21) 1287.35 feet, then East at right angles to the said West line of the Southeast Quarter (SE 1/4) of said Section Twenty-one (21), 292.57 feet to the point of beginning; Thence East along the last described course 208.71 feet, thence South at right angles to the last described course 208.71 feet, thence West at right angles to the last described course 208.71 feet, thence North in a direct line 208.71 feet to the point of beginning; also A right of way and easement thirty-three (33) feet in width for the construction, maintenance, and use of (a) a roadway suitable for vehicular traffic, and (b) such aerial or underground electric power and communication lines as said Company may from time to time desire, consisting of poles, wires, cables, conduits, guys, anchors, and other fixtures and appurtenances, the center line of which right of way and easement is described as follows: Commencing at a point on the West line of the tract or parcel of land above described, distant Southerly 16.5 feet from the Northwest corner of said tract or parcel, thence Westerly at right angles to the West line of the Southeast Quarter (SE 1/4) of said Section Twenty-one (21), 293 feet more or less to the public road situated on the West line of the Southeast Quarter (SE 1/4) of said Section Twenty-one (21), Township and Range aforesaid.". AMENDMENT NO. 2. Amend House Bill 452 as follows: on page 3, after line 31, by inserting the following: "Article 7. Section 7-5. Upon the payment of the sum of $1 to the State of Illinois, the Director of Central Management Services is authorized
4732 JOURNAL OF THE [May 14, 1999] to convey by quitclaim deed to the Union County Economic Development Corporation all right, title, and interest in and to the following described land in Union County, Illinois, the property to be used for economic development purposes: TRACT 1: PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 12 SOUTH, RANGE 1 WEST OF THE THIRD PRINCIPAL MERIDIAN, UNION COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 17; THENCE SOUTH 0 DEGREES 15 MINUTES 36 SECONDS WEST ALONG THE EAST LINE OF THE SAID EAST HALF A DISTANCE OF 2652.95 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF TWIN SPRINGS LOOP; THENCE NORTH 64 DEGREES 54 MINUTES 52 SECONDS WEST ALONG THE SAID RIGHT-OF-WAY LINE A DISTANCE OF 325.39 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF U.S. ROUTE 51; THENCE ALONG THE SAID RIGHT-OF-WAY LINE ON A CURVE TO THE RIGHT OF RADIUS 11299.19 FEET A DISTANCE ALONG THE ARC OF 1469.30 FEET, THE LONG CHORD OF SAID CURVE BEARING NORTH 3 DEGREES 21 MINUTES 37 SECONDS WEST AND HAVING A LENGTH OF 1468.26 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 06 SECONDS WEST ALONG THE SAID RIGHT-OF-WAY LINE A DISTANCE OF 10.00 FEET; THENCE NORTH 0 DEGREES 21 MINUTES 54 SECONDS EAST ALONG THE SAID RIGHT-OF-WAY LINE A DISTANCE OF 1051.78 FEET TO THE NORTH LINE OF THE SAID EAST HALF; THENCE SOUTH 89 DEGREES 37 MINUTES 27 SECONDS EAST ALONG THE SAID NORTH LINE A DISTANCE OF 396.11 FEET TO THE POINT OF BEGINNING; THE TRACT CONTAINING 22.078 ACRES MORE OR LESS. TRACT II: PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 12 SOUTH, RANGE 1 WEST OF THE THIRD PRINCIPAL MERIDIAN, UNION COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 17; THENCE NORTH 89 DEGREES 37 MINUTES 27 SECONDS WEST ALONG THE NORTH LINE OF THE SAID QUARTER-QUARTER A DISTANCE OF 686.11 FEET TO THE WESTERLY RIGHT OF WAY LINE OF U.S. ROUTE 51 AND THE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 21 MINUTES 54 SECONDS WEST ALONG THE SAID RIGHT-OF-WAY LINE A DISTANCE OF 868.45 FEET TO THE NORTHEASTERLY LINE OF THE CITY OF ANNA SEWER PLANT SITE; THENCE NORTH 33 DEGREES 23 MINUTES 40 SECONDS WEST ALONG THE SAID NORTHEASTERLY LINE A DISTANCE OF 563.54 FEET TO THE NORTHEAST CORNER OF THE SAID PLANT SITE; THENCE NORTH 89 DEGREES 37 MINUTES 27 SECONDS WEST ALONG THE NORTH LINE OF THE SAID PLANT SITE AND THE WESTERLY EXTENSION THEREOF A DISTANCE OF 354.66 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF AN EXISTING 40 FEET WIDE PUBLIC ROAD; THENCE ALONG THE SAID RIGHT-OF-WAY LINE ON A CURVE TO THE RIGHT OF RADIUS 772.66 FEET A DISTANCE ALONG THE ARC OF 255.47 FEET, THE LONG CHORD OF SAID CURVE BEARING NORTH 2 DEGREES 18 MINUTES 56 SECONDS WEST AND HAVING A LENGTH OF 254.31 FEET; THENCE NORTH 7 DEGREES 09 MINUTES 23 SECONDS EAST A DISTANCE OF 147.00 FEET TO THE NORTH LINE OF THE SAID QUARTER-QUARTER; THENCE SOUTH 89 DEGREES 37 MINUTES 27 SECONDS EAST ALONG THE SAID NORTH LINE A DISTANCE OF 662.33 FEET TO THE POINT OF BEGINNING; THE TRACT CONTAINING 7.903 ACRES MORE OR LESS. TRACT III: PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 12 SOUTH, RANGE 1 WEST OF THE THIRD PRINCIPAL MERIDIAN, UNION COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 17; THENCE SOUTH 0 DEGREES 15 MINUTES 36 SECONDS WEST ALONG THE EAST LINE OF THE SAID EAST HALF A DISTANCE OF 1200.00 FEET; THENCE NORTH 89 DEGREES 37 MINUTES 27 SECONDS WEST A DISTANCE OF 707.36 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF U.S. ROUTE 51 AND THE POINT OF BEGINNING; THENCE ALONG THE SAID RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT OF RADIUS OF 11619.19 FEET A DISTANCE ALONG THE ARC OF 1415.72 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF A PUBLIC ROAD, THE LONG CHORD OF SAID CURVE BEARING SOUTH 3 DEGREES 51 MINUTES
HOUSE OF REPRESENTATIVES 4733 22 SECONDS EAST AND HAVING A LENGTH OF 1414.84 FEET; THENCE SOUTH 89 DEGREES 14 MINUTES 12 SECONDS WEST ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 156.24 FEET THENCE ALONG THE SAID RIGHT-OF-WAY LINE ON A CURVE TO THE RIGHT OF RADIUS 1021.28 FEET A DISTANCE ALONG THE ARC OF 456.02 FEET, THE LONG CHORD OF SAID CURVE BEARING NORTH 77 DEGREES 58 MINUTES 18 SECONDS WEST AND BEING 452.24 FEET LONG; THENCE NORTH 65 DEGREES 10 MINUTES 48 SECONDS WEST ALONG THE SAID RIGHT-OF-WAY LINE A DISTANCE OF 15.75 FEET; THENCE NORTH 24 DEGREES 49 MINUTES 12 SECONDS EAST ALONG THE SAID RIGHT-OF-WAY LINE A DISTANCE OF 300.00 FEET; THENCE NORTH 65 DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 214.37 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF A COUNTY PUBLIC ROAD; THENCE ALONG THE SAID COUNTY RIGHT-OF-WAY LINE ON A CURVE TO THE RIGHT OF RADIUS 1397.39 FEET A DISTANCE ALONG THE ARC OF 195.22 FEET, THE LONG CHORD OF SAID CURVE BEARING NORTH 37 DEGREES 55 MINUTES 02 SECONDS EAST AND HAVING A LENGTH OF 195.06 FEET; THENCE NORTH 41 DEGREES 55 MINUTES 10 SECONDS EAST ALONG THE SAID RIGHT-OF-WAY A DISTANCE OF 231.73 FEET; THENCE ALONG THE SAID RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT OF RADIUS 475.74 FEET A DISTANCE ALONG THE ARC OF 101.02 FEET, THE LONG CHORD OF SAID CURVE BEARING NORTH 35 DEGREES 50 MINUTES 10 SECONDS EAST AND BEING 100.83 FEET LONG; THENCE NORTH 60 DEGREES 14 MINUTES 50 SECONDS WEST ALONG THE SAID RIGHT-OF-WAY LINE A DISTANCE OF 15.00 FEET; THENCE ALONG THE SAID RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT OF RADIUS 460.74 FEET A DISTANCE ALONG THE ARC OF 340.59 FEET, THE LONG CHORD OF SAID CURVE BEARING NORTH 8 DEGREES 34 MINUTES 32 SECONDS EAST AND HAVING A LENGTH OF 332.89 FEET; THENCE ALONG THE SAID RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT OF RADIUS 1001.95 FEET A DISTANCE ALONG THE ARC OF 220.08 FEET TO THE SOUTH LINE OF THE CITY OF ANNA SEWER PLANT SITE, THE LONG CHORD OF SAID CURVE BEARING NORTH 18 DEGREES 53 MINUTES 39 SECONDS WEST AND HAVING A LENGTH OF 219.64 FEET; THENCE SOUTH 89 DEGREES 37 MINUTES 27 SECONDS EAST ALONG THE SAID SOUTH LINE A DISTANCE OF 287.12 FEET TO THE POINT OF BEGINNING; THE TRACT CONTAINING 12.605 ACRES MORE OR LESS. Also the following: PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 12 SOUTH, RANGE 1 WEST OF THE THIRD PRINCIPAL MERIDIAN, CITY OF ANNA, UNION COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID EAST HALF; THENCE NORTH 89 DEGREES 30 MINUTES 29 SECONDS EAST ALONG THE SOUTH LINE OF THE SAID EAST HALF A DISTANCE OF 66.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF NORTH MAIN STREET; THENCE NORTH 0 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE SAID RIGHT-OF-WAY LINE A DISTANCE OF 263.75 FEET; THENCE NORTH 0 DEGREES 15 MINUTES 54 SECONDS WEST ALONG THE SAID RIGHT-OF-WAY LINE A DISTANCE OF 1104.12 FEET; THENCE NORTH 76 DEGREES 05 MINUTES 39 SECONDS EAST A DISTANCE OF 126.71 FEET; THENCE NORTH 61 DEGREES 39 MINUTES 58 SECONDS EAST A DISTANCE OF 221.94 FEET; THENCE NORTH 71 DEGREES 08 MINUTES 27 SECONDS EAST A DISTANCE OF 149.30 FEET; THENCE NORTH 71 DEGREES 26 MINUTES 01 SECONDS EAST A DISTANCE OF 84.80 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 71 DEGREES 26 MINUTES 01 SECONDS EAST A DISTANCE OF 164.60 FEET; THENCE NORTH 72 DEGREES 17 MINUTES 35 SECONDS EAST A DISTANCE OF 341.78 FEET; THENCE SOUTH 45 DEGREES 48 MINUTES 56 SECONDS EAST A DISTANCE OF 226.60 FEET; THENCE SOUTH 58 DEGREES 06 MINUTES 21 SECONDS EAST A DISTANCE OF 162.78 FEET; THENCE NORTH 69 DEGREES 42 MINUTES 52 SECONDS EAST A DISTANCE OF 92.26 FEET; THENCE SOUTH 67 DEGREES 53 MINUTES 51 SECONDS EAST A DISTANCE OF 139.62 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF LIME KILN ROAD; THENCE SOUTH
4734 JOURNAL OF THE [May 14, 1999] 5 DEGREES 36 MINUTES 21 SECONDS EAST ALONG THE SAID RIGHT-OF-WAY LINE A DISTANCE OF 470.55 FEET TO THE NORTHEAST CORNER OF THE ILLINOIS DEPARTMENT OF TRANSPORTATION MAINTENANCE YARD TRACT; THENCE SOUTH 89 DEGREES 30 MINUTES 44 SECONDS WEST ALONG THE SAID MAINTENANCE YARD TRACT A DISTANCE OF 393.08 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE SOUTH 0 DEGREES 29 MINUTES 16 SECONDS EAST ALONG THE WEST LINE OF SAID TRACT A DISTANCE OF 511.16 FEET; THENCE SOUTH 89 DEGREES 18 MINUTES 54 SECONDS WEST A DISTANCE OF 250.44 FEET; THENCE NORTH 0 DEGREES 15 MINUTES 54 SECONDS WEST A DISTANCE OF 600.00 FEET; THENCE SOUTH 89 DEGREES 18 MINUTES 54 SECONDS WEST A DISTANCE OF 400.00 FEET; THENCE NORTH 0 DEGREES 15 MINUTES 54 SECONDS WEST A DISTANCE OF 498.70 FEET TO THE POINT OF BEGINNING; THE TRACT CONTAINING 16.309 ACRES MORE OR LESS. Section 7-10. Upon the payment of the sum of $1 to the State of Illinois, the Director of Central Management Services is authorized to convey by quitclaim deed to the County of Union all right, title, and interest in and to the following described land in Union County, Illinois, the property to be used for economic development purposes: A PART OF SECTION 14, TOWNSHIP 12 SOUTH, RANGE 2 WEST OF THE THIRD PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS COMMENCEING AT THE SOUTHEAST CORNER THEREOF AND RUNNING THENCE NORTHERLY ALONG THE EAST LINE THEREOF A DISTANCE OF 1650.00 FEET TO THE POINT OF BEGINNING; THENCE RUNNING WESTERLY ALONG A LINE WITH A DEFLECTION ANGLE TO THE LEFT OF 99 DEGREES 57 MINUTES 57 SECONDS A DISTANCE OF 3757.10 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF AN ABANDONED RAILROAD; THENCE NORTHERLY ALONG A LINE WITH A DEFLECTION ANGLE TO THE RIGHT OF 94 DEGREES 34 MINUTES 40 SECONDS AND ALONG THE SAID RAILROAD RIGHT-OF-WAY A DISTANCE OF 99.00 FEET TO A POINT; THENCE NORTHERLY ALONG A LINE WITH A DEFLECTION ANGLE TO THE RIGHT OF 27 DEGREES 40 MINUTES 20 SECONDS A DISTANCE OF 429.00 FEET TO A POINT; THENCE NORTHERLY ALONG A LINE WITH A DEFLECTION ANGLE TO THE LEFT OF 12 DEGREES 00 MINUTES 00 SECONDS A DISTANCE OF 295.68 FEET TO A POINT; THENCE WESTERLY ALONG A LINE WITH A DEFLECTION ANGLE TO THE LEFT OF 98 DEGREES 30 MINUTES 00 SECONDS A DISTANCE OF 19.10 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF AN ABANDONED RAILROAD; THENCE NORTHERLY ALONG A LINE WITH A DEFLECTION ANGLE TO THE RIGHT OF 114 DEGREES 56 MINUTES 51 SECONDS AND THE SAID RAILROAD RIGHT-OF-WAY A DISTANCE OF 1155.00 FEET TO A POINT; THENCE EASTERLY ALONG A LINE WITH A DEFLECTION ANGLE TO THE RIGHT OF 64 DEGREES 33 MINUTES 09 SECONDS A DISTANCE OF 499.62 FEET TO A POINT; THENCE NORTHERLY ALONG A LINE WITH A DEFLECTION ANGLE TO THE LEFT OF 67 DEGREES 30 MINUTES 00 SECONDS A DISTANCE OF 336.60 FEET TO A POINT; THENCE NORTHEASTERLY ALONG A LINE WITH A DEFLECTION ANGLE TO THE RIGHT OF 21 DEGREES 00 MINUTES 00 SECONDS A DISTANCE OF 264.00 FEET TO A POINT; THENCE NORTHEASTERLY ALONG A LINE WITH A DEFLECTION ANGLE TO THE RIGHT OF 12 DEGREES 00 MINUTES 00 SECONDS A DISTANCE OF 363.00 FEET TO A POINT; THENCE SOUTHEASTERLY ALONG A LINE WITH A DEFLECTION ANGLE TO THE RIGHT OF 63 DEGREES 00 MINUTES 00 SECONDS A DISTANCE OF 214.50 FEET TO A POINT; THENCE SOUTHEASTERLY ALONG A LINE WITH A DEFLECTION ANGLE TO THE RIGHT OF 1 DEGREE 30 MINUTES 00 SECONDS A DISTANCE OF 412.50 FEET TO A POINT; THENCE SOUTHEASTERLY ALONG A LINE WITH A DEFLECTION ANGLE TO THE RIGHT OF 12 DEGREES 30 MINUTES 00 SECONDS A DISTANCE OF 330.00 FEET TO A POINT; THENCE SOUTHEASTERLY ALONG A LINE WITH A DEFLECTION ANGLE TO THE RIGHT OF 5 DEGREES 30 MINUTES 00 SECONDS A DISTANCE OF 330.00 FEET TO A POINT; THENCE SOUTHEASTERLY ALONG A LINE WITH A DEFLECTION ANGLE TO THE LEFT OF 10 DEGREES 30 MINUTES 00 SECONDS A DISTANCE OF 528.00 FEET TO A POINT; THENCE SOUTHEASTERLY ALONG ALINE WITH A
HOUSE OF REPRESENTATIVES 4735 DEFLECTION ANGLE TO THE RIGHT OF 18 DEGREES 24 MINUTES 22 SECONDS A DISTANCE OF 858.37 FEET TO THE POINT OF BEGINNING. SITUATED IN UNION COUNTY, ILLINOIS AND CONTAINING 117.16 ACRES MORE OR LESS THEREIN. Section 7-15. The Director of Central Management Services shall obtain a certified copy of the portions of this Act containing the title, the enacting clause, the effective date, the appropriate Sections containing the land descriptions of property to be transferred, and this Section within 60 days after this Act's effective date and, upon receipt of payment required by the appropriate Sections, shall record the certified document in the Recorder's office in the county in which the land is located."; and on page 65, by replacing line 27 with the following: "point of beginning. Notwithstanding the property description contained in this paragraph (83), the Village of Schiller Park may not acquire, under the authority of this paragraph (83), any property that is owned by any other unit of local government;". AMENDMENT NO. 3. Amend House Bill 452, AS AMENDED, as follows: by deleting all of Section 7-5; and in Section 7-10, in the first sentence, by replacing "Director of Central Management Services" with "Secretary of Human Services"; and after the last line of Section 7-10, by inserting the following: "The conveyance of real property authorized by this Section shall be made subject to the express condition that if that real property ceases to be used for public purposes, it shall revert to the State of Illinois without further action on the part of the State."; and in Section 7-15, in the first sentence, by replacing "Director of Central Management Services" with "Secretary of Human Services"; and after the last line of Section 7-15, by inserting the following: "Article 8. Section 8-5. Upon the approval of the Livingston County Board and the payment of the sum of $1 to the State of Illinois, the Director of State Police is authorized to convey by quitclaim deed to the County of Livingston all right, title, and interest in and to a parcel of up to 4 acres of the approximately 11 acres on which the Department of State Police District 6 communications facility is located in Pontiac, Livingston County, Illinois. The approximately 11 acres, from which the 4-acre parcel shall be conveyed, is described as follows: A part of the Northwest Quarter of Section 27, Township 28 North, Range 5 East of the Third Principal Meridian, Livingston County, Illinois, described as follows: Commencing at the Northwest corner of said Section 27, Thence Due South along the west line of said Section 27 a distance of 1012.38 feet to a point; Thence Due East a distance of 214.1 feet to the POINT OF BEGINNING, said point being a concrete post on the easterly right of way line of County Highway 11; from said POINT OF BEGINNING, Thence North 25 degrees 41 minutes 50 seconds East along said easterly right of way line a distance of 306.10 feet to a concrete corner post; Thence North 55 degrees 50 minutes 45 seconds East along said easterly right of way line a distance of 91.00 feet to a concrete corner post; Thence North 89 degrees 39 minutes 16 seconds East along the South line of Lincoln Street a distance of 618.65 feet to a concrete corner post; Thence South 00 degrees 15 minutes 12 seconds East a distance of 584.39 feet to an iron pin; Thence South 54 degrees 50 minutes 35 seconds West a distance of 238.00 feet to an iron pin; Thence North 75 degrees 51 minutes 07 seconds West a distance of 576.23 feet to an iron pin; Thence North 16 degrees 53 minutes 47 seconds West a distance of 261.14
4736 JOURNAL OF THE [May 14, 1999] feet to the POINT OF BEGINNING, containing 11.38 acres, more or less. Section 8-10. The conveyance authorized under Section 8-5 is subject to the condition that if the property conveyed under that Section is ever not used by the County of Livingston for public purposes, then title to the property shall revert to the State of Illinois without further action on the part of the State. Section 8-15. The Director of State Police shall obtain a certified copy of the portions of this Act containing the title, the enacting clause, the effective date, the appropriate Sections containing the land descriptions of property to be transferred, and this Section within 60 days after this Act's effective date and, upon receipt of payment required by the appropriate Sections, shall record the certified document in the Recorder's office in the county in which the land is located.". The foregoing message from the Senate reporting Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 452 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 606 A bill for AN ACT in relation to gaming. 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. 606. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 606 by replacing everything after the enacting clause with the following: "Section 5. The Riverboat Gambling Act is amended by changing Section 11 and adding Section 7.1 as follows: (230 ILCS 10/7.1 new) Sec. 7.1. Dockside gambling petition. An owners licensee may petition the Board for permission to conduct dockside gambling from it home dock location. The Board shall have the discretion to grant or deny petitions under this Section on a case by case basis. (230 ILCS 10/11) (from Ch. 120, par. 2411) Sec. 11. Conduct of gambling. (a) Gambling may be conducted by licensed owners aboard riverboats, subject to the following standards: (1) No gambling may be conducted while a riverboat is docked, except as provided in Section 7.1. (2) Riverboat cruises may not exceed 4 hours for a round trip, with the exception of any extended cruises, each of which
HOUSE OF REPRESENTATIVES 4737 shall be expressly approved by the Board. (3) Minimum and maximum wagers on games shall be set by the licensee. (4) Agents of the Board and the Department of State Police may board and inspect any riverboat at any time for the purpose of determining whether this Act is being complied with. Every riverboat, if under way and being hailed by a law enforcement officer or agent of the Board, must stop immediately and lay to. (5) Employees of the Board shall have the right to be present on the riverboat or on adjacent facilities under the control of the licensee. (6) Gambling equipment and supplies customarily used in conducting riverboat gambling must be purchased or leased only from suppliers licensed for such purpose under this Act. (7) Persons licensed under this Act shall permit no form of wagering on gambling games except as permitted by this Act. (8) Wagers may be received only from a person present on a licensed riverboat. No person present on a licensed riverboat shall place or attempt to place a wager on behalf of another person who is not present on the riverboat. (9) Wagering shall not be conducted with money or other negotiable currency. (10) A person under age 21 shall not be permitted on an area of a riverboat where gambling is being conducted, except for a person at least 18 years of age who is an employee of the riverboat gambling operation. No employee under age 21 shall perform any function involved in gambling by the patrons. No person under age 21 shall be permitted to make a wager under this Act. (11) Gambling excursion cruises are permitted only when the navigable stream for which the riverboat is licensed is navigable, as determined by the Board in consultation with the U.S. Army Corps of Engineers. (12) All tokens, chips or electronic cards used to make wagers must be purchased from a licensed owner either aboard a riverboat or at an onshore facility which has been approved by the Board and which is located where the riverboat docks. The tokens, chips or electronic cards may be purchased by means of an agreement under which the owner extends credit to the patron. Such tokens, chips or electronic cards may be used while aboard the riverboat only for the purpose of making wagers on gambling games. (13) Notwithstanding any other Section of this Act, in addition to the other licenses authorized under this Act, the Board may issue special event licenses allowing persons who are not otherwise licensed to conduct riverboat gambling to conduct such gambling on a specified date or series of dates. Riverboat gambling under such a license may take place on a riverboat not normally used for riverboat gambling. The Board shall establish standards, fees and fines for, and limitations upon, such licenses, which may differ from the standards, fees, fines and limitations otherwise applicable under this Act. All such fees shall be deposited into the State Gaming Fund. All such fines shall be deposited into the Education Assistance Fund, created by Public Act 86-0018, of the State of Illinois. (14) In addition to the above, gambling must be conducted in accordance with all rules adopted by the Board. (Source: P.A. 86-1029; 86-1389; 87-826.)". The foregoing message from the Senate reporting Senate Amendment
4738 JOURNAL OF THE [May 14, 1999] No. 1 to HOUSE BILL 606 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 1383 A bill for AN ACT concerning wireless 9-1-1 service. 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. 1383. Senate Amendment No. 2 to HOUSE BILL NO. 1383. Passed the Senate, as amended, May 14, 1999, by a three-fifths vote. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1383 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Wireless Emergency Telephone Safety Act. Section 5. Purpose. The General Assembly finds and declares it is in the public interest to promote the use of wireless 9-1-1 and wireless enhanced 9-1-1 (E9-1-1) service in order to save lives and protect the property of the citizens of the State of Illinois. Wireless carriers are required by the Federal Communications Commission (FCC) to provide E9-1-1 service in the form of automatic location identification and automatic number identification pursuant to policies set forth by the FCC. Public safety agencies and wireless carriers are encouraged to work together to provide emergency access to wireless 9-1-1 and wireless E9-1-1 service. Public safety agencies and wireless carriers operating wireless 9-1-1 and wireless E9-1-1 systems require adequate funding to recover the costs of designing, purchasing, installing, testing, and operating enhanced facilities, systems, and services necessary to comply with the wireless E9-1-1 requirements mandated by the Federal Communications Commission and to maximize the availability of wireless E9-1-1 services throughout the State of Illinois. The revenues generated by the wireless carrier surcharge enacted by this Act are required to fund the efforts of the wireless carriers, emergency telephone system boards, qualified governmental entities, and the Department of State Police to improve the public health, safety, and welfare and to serve a public purpose by providing emergency telephone assistance through wireless communications. It is the intent of the General Assembly to: (1) establish and implement a cohesive statewide emergency telephone number that will provide wireless telephone users with
HOUSE OF REPRESENTATIVES 4739 rapid direct access to public safety agencies by dialing the telephone number 9-1-1; (2) encourage wireless carriers and public safety agencies to provide E9-1-1 services that will assist public safety agencies in determining the caller's approximate location and wireless telephone number; (3) grant authority to public safety agencies not already in possession of the authority to finance the cost of installing and operating wireless 9-1-1 systems and reimbursing wireless carriers for costs incurred to provide wireless E9-1-1 services; and (4) provide for a reasonable fee on wireless telephone service subscribers to accomplish these purposes. Section 10. Definitions. In this Act: "Emergency telephone system board" means a board appointed by the corporate authorities of any county or municipality that provides for the management and operation of a 9-1-1 system within the scope of the duties and powers prescribed by the Emergency Telephone System Act. "Master street address guide" means the computerized geographical database that consists of all street and address data within a 9-1-1 system. "Public safety agency" means a functional division of a public agency that provides fire fighting, police, medical, or other emergency services. For the purpose of providing wireless service to users of 9-1-1 emergency services, as expressly provided for in this Act, the Department of State Police may be considered a public safety agency. "Qualified governmental entity" means a unit of local government authorized to provide 9-1-1 services pursuant to the Emergency Telephone System Act where no emergency telephone system board exists. "Statewide wireless emergency 9-1-1 system" means all areas of the State where an emergency telephone system board or, in the absence of an emergency telephone system board, a qualified governmental entity has not declared its intention for one or more of its public safety answering points to serve as a primary wireless 9-1-1 public safety answering point for its jurisdiction. The operator of the statewide wireless emergency 9-1-1 system shall be the Department of State Police. "Wireless carrier" means a provider of two-way cellular, broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial Mobile Radio Service (CMRS), Wireless Communications Service (WCS), or other Commercial Mobile Radio Service (CMRS), as defined by the Federal Communications Commission, offering radio communications that may provide fixed, mobile, radio location, or satellite communication services to individuals or businesses within its assigned spectrum block and geographical area or that offers real-time, two-way voice service that is interconnected with the public switched network, including a reseller of such service. "Wireless enhanced 9-1-1" means the ability to relay the telephone number of the originator of a 9-1-1 call and the location of the cell site or base station receiving a 9-1-1 call from any mobile handset or text telephone device accessing the wireless system to the designated wireless public safety answering point through the use of automatic number identification and pseudo-automatic number identification. "Wireless public safety answering point" means the functional division of an emergency telephone system board, qualified governmental entity, or the Department of State Police accepting wireless 9-1-1 calls.
4740 JOURNAL OF THE [May 14, 1999] "Wireless subscriber" means an individual or entity to whom a wireless service account or number has been assigned by a wireless carrier. Section 15. Wireless emergency 9-1-1 service. The digits "9-1-1" shall be the designated emergency telephone number within the wireless system. (a) Standards. The Illinois Commerce Commission may set non-discriminatory, uniform technical and operational standards consistent with the rules of the Federal Communications Commission for directing calls to authorized public safety answering points. These standards shall not in any way prescribe the technology or manner a wireless carrier shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls and these standards shall not exceed the requirements set by the Federal Communications Commission. However, standards for directing calls to the authorized public safety answering point shall be included. The authority given to the Illinois Commerce Commission in this Section is limited to setting standards as set forth herein and does not constitute authority to regulate wireless carriers. (b) Wireless public safety answering points. For the purpose of providing wireless 9-1-1 emergency services, an emergency telephone system board or, in the absence of an emergency telephone system board, a qualified governmental entity may declare its intention for one or more of its public safety answering points to serve as a primary wireless 9-1-1 public safety answering point for its jurisdiction by notifying the Chief Clerk of the Illinois Commerce Commission and the Director of State Police in writing within 6 months after the effective date of this Act or within 6 months after receiving its authority to operate a 9-1-1 system under the Emergency Telephone System Act, whichever is later. In addition, 2 or more emergency telephone system boards or qualified units of local government may, by virtue of an intergovernmental agreement, provide wireless 9-1-1 service. The Department of State Police shall be the primary wireless 9-1-1 public safety answering point for any jurisdiction not providing notice to the Commission and the Department of State Police. Nothing in this Act shall require the provision of wireless enhanced 9-1-1 services. The Illinois Commerce Commission, upon a joint request from the Department of State Police and a qualified governmental entity or an emergency telephone system board, may grant authority to the emergency telephone system board or a qualified governmental entity to provide wireless 9-1-1 service in areas for which the Department of State Police has accepted wireless 9-1-1 responsibility. The Illinois Commerce Commission shall maintain a current list of all 9-1-1 systems and qualified governmental entities providing wireless 9-1-1 service under this Act. Any emergency telephone system board or qualified governmental entity providing wireless 9-1-1 service prior to the effective date of this Act may continue to operate upon notification as previously described in this Section. An emergency telephone system board or a qualified governmental entity shall submit, with its notification, the date upon which it commenced operating. (c) Wireless Enhanced 9-1-1 Board. The Wireless Enhanced 9-1-1 Board is created. The Board consists of 7 members appointed by the Governor with the advice and consent of the Senate. It is recommended that the Governor appoint members from the following: the Illinois Chapter of the National Emergency Numbers Association, the Illinois State Police, law enforcement agencies, the wireless telecommunications industry, an emergency telephone system board in Cook County (outside the City of Chicago), an emergency telephone system board in the Metro-east area, and an emergency telephone
HOUSE OF REPRESENTATIVES 4741 system board in the collar counties (Lake, McHenry, DuPage, Kane, and Will counties). Members of the Board may not receive any compensation but may, however, be reimbursed for any necessary expenditure in connection with their duties. Except as provided in Section 45, the Wireless Enhanced 9-1-1 Board shall set the amount of the monthly wireless surcharge required to be imposed under subsection (d) of this Section on all wireless subscribers in this State. The surcharge may not be more than $0.75 per month per CMRS connection. The Wireless Enhanced 9-1-1 Board shall report to the General Assembly by January 1, 2000 on implementing wireless non-emergency services for the purpose of public safety using the digits 3-1-1. The Board shall consider the delivery of 3-1-1 services in a 6 county area, including rural Cook County (outside of the City of Chicago), and DuPage, Lake, McHenry, Will, and Kane Counties, as well as counties outside of this area by an emergency telephone system board, a qualified governmental entity, or private industry. Upon filing its report, the Board is dissolved. Section 17. Wireless carrier surcharge. (a) Except as provided in Section 45, each wireless carrier shall impose a monthly wireless carrier surcharge per CMRS connection that either has a telephone number within an area code assigned to Illinois by the North American Numbering Plan Administrator or has a billing address in this State. The wireless carrier that provides wireless service to the subscriber shall collect the surcharge set by the Wireless Enhanced 9-1-1 Board from the subscriber. The surcharge shall be stated as a separate item on the subscriber's monthly bill. The wireless carrier shall begin collecting the surcharge on bills issued within 90 days after the Wireless Enhanced 9-1-1 Board sets the monthly wireless surcharge. State and local taxes shall not apply to the wireless carrier surcharge. (b) Except as provided in Section 45, a wireless carrier shall, within 45 days of collection, remit, either by check or by electronic funds transfer, to the State Treasurer of the amount of the wireless carrier surcharge collected from each subscriber. Of the amounts remitted under this subsection, the State Treasurer shall deposit one-third into the Wireless Carrier Reimbursement Fund and two-thirds into the Wireless Service Emergency Fund. (c) The first such remittance by wireless carriers shall include the number of customers by zip code, and the 9-digit zip code if currently being used or later implemented by the carrier, that shall be the means by which the Department of Central Management Services shall determine distributions from the Wireless Service Emergency Fund. This information shall be updated no less often than every year. Wireless carriers are not required to remit surcharge moneys that are billed to subscribers but not yet collected. Section 20. Wireless Service Emergency Fund; uses. The Wireless Service Emergency Fund is created as a special fund in the State treasury. Subject to appropriation, moneys in the Wireless Service Emergency Fund may only be used for grants for emergency telephone system boards, qualified government entities, or the Department of State Police. These grants may be used only for the design, implementation, operation, maintenance, or upgrade of wireless 9-1-1 or E9-1-1 emergency services and public safety answering points, and for no other purposes. The moneys received by the Department of State Police from the Wireless Service Emergency Fund, in any year, may be used for any costs relating to the leasing, modification, or maintenance of any building or facility used to house personnel or equipment associated with the operation of wireless 9-1-1 or wireless E9-1-1 emergency services, to ensure service in those areas where service is not
4742 JOURNAL OF THE [May 14, 1999] otherwise provided. Moneys from the Wireless Service Emergency Fund may not be used to pay for or recover any costs associated with public safety agency equipment or personnel dispatched in response to wireless 9-1-1 or wireless E9-1-1 emergency calls. Section 25. Wireless Service Emergency Fund; distribution of moneys. Within 60 days after the effective date of this Act, wireless carriers shall submit to the Department of Central Management Services the number of wireless subscribers by zip code and the 9-digit zip code of the wireless subscribers, if currently being used or later implemented by the carrier. The Department of Central Management Services shall, subject to appropriation, make monthly proportional grants to the appropriate emergency telephone system board or qualified governmental entity based upon the United States Postal Zip Code of the wireless subscriber's billing address. No matching funds shall be required from grant recipients. If the Department of Central Management Service is notified of an area of overlapping jurisdiction, grants for that area shall be made based upon reference to an official Master Street Address Guide to the emergency telephone system board or qualified governmental entity whose public service answering points provide wireless 9-1-1 service in that area. The emergency telephone system board or qualified governmental entity shall provide the Department of Central Management Services with a valid copy of the appropriate Master Street Address Guide. The Department of Central Management Services does not have a duty to verify jurisdictional responsibility. In the event of a subscriber billing address being matched to an incorrect jurisdiction by the Department of Central Management Services, the recipient, upon notification from the Department of Central Management Services, shall redirect the funds to the correct jurisdiction. The Department of Central Management Services shall not be held liable for any damages relating to an act or omission under this Act, unless the act or omission constitutes gross negligence, recklessness, or intentional misconduct. In the event of a dispute between emergency telephone system boards or qualified governmental entities concerning a subscriber billing address, the Department of Central Management Services shall resolve the dispute. The Department of Central Management Services shall maintain detailed records of all receipts and disbursements and shall provide an annual accounting of all receipts and disbursements to the Auditor General. The Department of Central Management Services shall adopt rules to govern the grant process. Section 30. Wireless Carrier Reimbursement Fund; uses. The Wireless Carrier Reimbursement Fund is created as a special fund in the State treasury. Moneys in the Wireless Carrier Reimbursement Fund may be used, subject to appropriation, only to reimburse wireless carriers for all of their costs incurred in complying with the applicable provisions of Federal Communications Commission wireless enhanced 9-1-1 service mandates. This reimbursement may include, but need not be limited to, the cost of designing, upgrading, purchasing, leasing, programming, installing, testing, and maintaining necessary data, hardware, and software and associated operating and administrative costs and overhead. Section 35. Wireless Carrier Reimbursement Fund; reimbursement. To recover costs from the Wireless Carrier Reimbursement Fund, the wireless carrier shall submit sworn invoices to the Department of Central Management Services. In no event may any invoice for payment be approved for (i) costs that are not related to compliance with the
HOUSE OF REPRESENTATIVES 4743 requirements established by the wireless enhanced 9-1-1 mandates of the Federal Communications Commission, (ii) costs with respect to any wireless enhanced 9-1-1 service that is not operable at the time the invoice is submitted, or (iii) costs of any wireless carrier exceeding 125% of the wireless emergency services charges remitted to the Wireless Carrier Reimbursement Fund by the wireless carrier under Section 17(b)unless the wireless carrier received prior approval for the expenditures from the Department of Central Management Services. If in any month the total amount of invoices submitted to the Department of Central Management Services and approved for payment exceeds the amount available in the Wireless Carrier Reimbursement Fund, wireless carriers that have invoices approved for payment shall receive a pro-rata share of the amount available in the Wireless Carrier Reimbursement Fund based on the relative amount of their approved invoices available that month, and the balance of the payments shall be carried into the following months, and shall include appropriate interest at the statutory rate, until all of the approved payments are made. A wireless carrier may not receive payment from the Wireless Carrier Reimbursement Fund for its costs of providing wireless enhanced 9-1-1 services in an area when a unit of local government or emergency telephone system board provides wireless 9-1-1 services in that area and was imposing and collecting a wireless carrier surcharge prior to July 1, 1998. The Department of Central Management Services shall maintain detailed records of all receipts and disbursements and shall provide an annual accounting of all receipts and disbursements to the Auditor General. The Department of Central Management Services shall adopt rules to govern the reimbursement process. Section 40. Public disclosure. Because of the highly competitive nature of the wireless telephone industry, a public disclosure of information about surcharge moneys paid by wireless carriers could have the effect of stifling competition to the detriment of the public and the delivery of wireless 9-1-1 services. Therefore, the Department of Central Management Services, the Department of State Police, governmental agencies, and individuals with access to that information shall take appropriate steps to prevent public disclosure of this information. Information and data supporting the amount and distribution of surcharge moneys collected and remitted by an individual wireless carrier shall be deemed exempt information for purposes of the Freedom of Information Act and shall not be publicly disclosed. The gross amount paid by all carriers shall not be deemed exempt and may be publicly disclosed. Section 45. Continuation of current practices. Notwithstanding any other provision of this Act, a unit of local government or emergency telephone system board providing wireless 9-1-1 service and imposing and collecting a wireless carrier surcharge prior to July 1, 1998 may continue its practices of imposing and collecting its wireless carrier surcharge, but in no event shall that monthly surcharge exceed $1.25 per commercial mobile radio service (CMRS) connection or in-service telephone number billed on a monthly basis. Section 50. Limitation of liability. Notwithstanding any other provision of law, in no event shall a unit of local government, the Department of Central Management Services, the Department of State Police, or a public safety agency, public safety answering point, emergency telephone system board, or wireless carrier, or its officers, employees, assigns, or agents, be liable for any form of civil damages or criminal liability that directly or indirectly results from, or is caused by, any act or omission in the development, design, installation, operation, maintenance,
4744 JOURNAL OF THE [May 14, 1999] performance, or provision of wireless 9-1-1 or wireless E9-1-1 service, unless the act or omission constitutes gross negligence, recklessness, or intentional misconduct. A unit of local government, the Department of Central Management Services, the Department of State Police, or a public safety agency, public safety answering point, emergency telephone system board, or wireless carrier, or its officers, employees, assigns, or agents, shall not be liable for any form of civil damages or criminal liability that directly or indirectly results from, or is caused by, the release of subscriber information to any governmental entity as required under the provisions of this Act, unless the release constitutes gross negligence, recklessness, or intentional misconduct. Section 55. 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 application or provision. Section 60. Home rule. A home rule unit, other than a home rule municipality having a population in excess of 500,000 that was imposing its own surcharge on wireless carriers prior to July 1, 1998, may not impose a separate surcharge on wireless 9-1-1 service in addition to the surcharge imposed on wireless 9-1-1 service under this Act. This Section is a limitation under subsection (g) of Section 6 of Article VII of the Illinois Constitution on the powers and functions of home rule units not exercised or performed by the State. Section 65. Review. This Act and any regulation established by a State agency pursuant to this Act shall be reviewed by the Auditor General prior to October 1, 2001. Section 70. Repealer. This Act is repealed on April 1, 2005. Section 800. The Freedom of Information Act is amended by changing Section 7 as follows: (5 ILCS 140/7) (from Ch. 116, par. 207) Sec. 7. Exemptions. (1) The following shall be exempt from inspection and copying: (a) Information specifically prohibited from disclosure by federal or State law or rules and regulations adopted under federal or State law. (b) Information that, if disclosed, would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy. Information exempted under this subsection (b) shall include but is not limited to: (i) files and personal information maintained with respect to clients, patients, residents, students or other individuals receiving social, medical, educational, vocational, financial, supervisory or custodial care or services directly or indirectly from federal agencies or public bodies; (ii) personnel files and personal information maintained with respect to employees, appointees or elected officials of any public body or applicants for those positions; (iii) files and personal information maintained with respect to any applicant, registrant or licensee by any public body cooperating with or engaged in professional or occupational registration, licensure or discipline; (iv) information required of any taxpayer in
HOUSE OF REPRESENTATIVES 4745 connection with the assessment or collection of any tax unless disclosure is otherwise required by State statute; and (v) information revealing the identity of persons who file complaints with or provide information to administrative, investigative, law enforcement or penal agencies; provided, however, that identification of witnesses to traffic accidents, traffic accident reports, and rescue reports may be provided by agencies of local government, except in a case for which a criminal investigation is ongoing, without constituting a clearly unwarranted per se invasion of personal privacy under this subsection. (c) Records compiled by any public body for administrative enforcement proceedings and any law enforcement or correctional agency for law enforcement purposes or for internal matters of a public body, but only to the extent that disclosure would: (i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency; (ii) interfere with pending administrative enforcement proceedings conducted by any public body; (iii) deprive a person of a fair trial or an impartial hearing; (iv) unavoidably disclose the identity of a confidential source or confidential information furnished only by the confidential source; (v) disclose unique or specialized investigative techniques other than those generally used and known or disclose internal documents of correctional agencies related to detection, observation or investigation of incidents of crime or misconduct; (vi) constitute an invasion of personal privacy under subsection (b) of this Section; (vii) endanger the life or physical safety of law enforcement personnel or any other person; or (viii) obstruct an ongoing criminal investigation. (d) Criminal history record information maintained by State or local criminal justice agencies, except the following which shall be open for public inspection and copying: (i) chronologically maintained arrest information, such as traditional arrest logs or blotters; (ii) the name of a person in the custody of a law enforcement agency and the charges for which that person is being held; (iii) court records that are public; (iv) records that are otherwise available under State or local law; or (v) records in which the requesting party is the individual identified, except as provided under part (vii) of paragraph (c) of subsection (1) of this Section. "Criminal history record information" means data identifiable to an individual and consisting of descriptions or notations of arrests, detentions, indictments, informations, pre-trial proceedings, trials, or other formal events in the criminal justice system or descriptions or notations of criminal charges (including criminal violations of local municipal ordinances) and the nature of any disposition arising therefrom, including sentencing, court or correctional supervision, rehabilitation and release. The term does not apply to statistical records and reports in which individuals are not
4746 JOURNAL OF THE [May 14, 1999] identified and from which their identities are not ascertainable, or to information that is for criminal investigative or intelligence purposes. (e) Records that relate to or affect the security of correctional institutions and detention facilities. (f) Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body. The exemption provided in this paragraph (f) extends to all those records of officers and agencies of the General Assembly that pertain to the preparation of legislative documents. (g) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or information are proprietary, privileged or confidential, or where disclosure of the trade secrets or information may cause competitive harm, including all information determined to be confidential under Section 4002 of the Technology Advancement and Development Act. Nothing contained in this paragraph (g) shall be construed to prevent a person or business from consenting to disclosure. (h) Proposals and bids for any contract, grant, or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contractor agreement with the body, until an award or final selection is made. Information prepared by or for the body in preparation of a bid solicitation shall be exempt until an award or final selection is made. (i) Valuable formulae, designs, drawings and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. (j) Test questions, scoring keys and other examination data used to administer an academic examination or determined the qualifications of an applicant for a license or employment. (k) Architects' plans and engineers' technical submissions for projects not constructed or developed in whole or in part with public funds and for projects constructed or developed with public funds, to the extent that disclosure would compromise security. (l) Library circulation and order records identifying library users with specific materials. (m) Minutes of meetings of public bodies closed to the public as provided in the Open Meetings Act until the public body makes the minutes available to the public under Section 2.06 of the Open Meetings Act. (n) Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies. (o) Information received by a primary or secondary school, college or university under its procedures for the evaluation of faculty members by their academic peers. (p) Administrative or technical information associated with automated data processing operations, including but not limited to software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical
HOUSE OF REPRESENTATIVES 4747 design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section. (q) Documents or materials relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying. (r) Drafts, notes, recommendations and memoranda pertaining to the financing and marketing transactions of the public body. The records of ownership, registration, transfer, and exchange of municipal debt obligations, and of persons to whom payment with respect to these obligations is made. (s) The records, documents and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under Article VII of the Code of Civil Procedure, records, documents and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents and information relating to a real estate sale shall be exempt until a sale is consummated. (t) Any and all proprietary information and records related to the operation of an intergovernmental risk management association or self-insurance pool or jointly self-administered health and accident cooperative or pool. (u) Information concerning a university's adjudication of student or employee grievance or disciplinary cases, to the extent that disclosure would reveal the identity of the student or employee and information concerning any public body's adjudication of student or employee grievances or disciplinary cases, except for the final outcome of the cases. (v) Course materials or research materials used by faculty members. (w) Information related solely to the internal personnel rules and practices of a public body. (x) Information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of a public body responsible for the regulation or supervision of financial institutions or insurance companies, unless disclosure is otherwise required by State law. (y) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act. (z) Manuals or instruction to staff that relate to establishment or collection of liability for any State tax or that relate to investigations by a public body to determine violation of any criminal law. (aa) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received. (bb) Insurance or self insurance (including any intergovernmental risk management association or self insurance pool) claims, loss or risk management information, records, data, advice or communications. (cc) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the
4748 JOURNAL OF THE [May 14, 1999] Illinois Sexually Transmissible Disease Control Act. (dd) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act. (ee) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. (ff) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the State of Missouri under the Bi-State Transit Safety Act. (gg) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act. (hh) Information the disclosure of which is exempted under Section 80 of the State Gift Ban Act. (ii) Beginning July 1, 1999, (hh) information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic or digital signatures under the Electronic Commerce Security Act. (jj) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act. (2) This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act. (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97; 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff. 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.) Section 805. The Civil Administrative Code of Illinois is amended by changing Section 55a as follows: (20 ILCS 2605/55a) (from Ch. 127, par. 55a) (Text of Section before amendment by P.A. 90-590) Sec. 55a. Powers and duties. (A) The Department of State Police shall have the following powers and duties, and those set forth in Sections 55a-1 through 55c: 1. To exercise the rights, powers and duties which have been vested in the Department of Public Safety by the State Police Act. 2. To exercise the rights, powers and duties which have been vested in the Department of Public Safety by the State Police Radio Act. 3. To exercise the rights, powers and duties which have been vested in the Department of Public Safety by the Criminal Identification Act. 4. To (a) investigate the origins, activities, personnel and incidents of crime and the ways and means to redress the victims of crimes, and study the impact, if any, of legislation relative to the effusion of crime and growing crime rates, and enforce the criminal laws of this State related thereto, (b) enforce all laws regulating the production, sale, prescribing, manufacturing, administering, transporting, having in possession, dispensing, delivering, distributing, or use of controlled substances and cannabis, (c) employ skilled experts, scientists, technicians, investigators or otherwise specially qualified persons to aid in preventing or detecting crime, apprehending criminals, or preparing and presenting evidence of violations of the criminal laws of the State, (d) cooperate with the police of cities, villages and incorporated towns, and with the police officers of any county, in enforcing the laws of the State and in making arrests and recovering property, (e) apprehend and deliver up any person charged in this State or any
HOUSE OF REPRESENTATIVES 4749 other State of the United States with treason, felony, or other crime, who has fled from justice and is found in this State, and (f) conduct such other investigations as may be provided by law. Persons exercising these powers within the Department are conservators of the peace and as such have all the powers possessed by policemen in cities and sheriffs, except that they may exercise such powers anywhere in the State in cooperation with and after contact with the local law enforcement officials. Such persons may use false or fictitious names in the performance of their duties under this paragraph, upon approval of the Director, and shall not be subject to prosecution under the criminal laws for such use. 5. To: (a) be a central repository and custodian of criminal statistics for the State, (b) be a central repository for criminal history record information, (c) procure and file for record such information as is necessary and helpful to plan programs of crime prevention, law enforcement and criminal justice, (d) procure and file for record such copies of fingerprints, as may be required by law, (e) establish general and field crime laboratories, (f) register and file for record such information as may be required by law for the issuance of firearm owner's identification cards, (g) employ polygraph operators, laboratory technicians and other specially qualified persons to aid in the identification of criminal activity, and (h) undertake such other identification, information, laboratory, statistical or registration activities as may be required by law. 6. To (a) acquire and operate one or more radio broadcasting stations in the State to be used for police purposes, (b) operate a statewide communications network to gather and disseminate information for law enforcement agencies, (c) operate an electronic data processing and computer center for the storage and retrieval of data pertaining to criminal activity, and (d) undertake such other communication activities as may be required by law. 7. To provide, as may be required by law, assistance to local law enforcement agencies through (a) training, management and consultant services for local law enforcement agencies, and (b) the pursuit of research and the publication of studies pertaining to local law enforcement activities. 8. To exercise the rights, powers and duties which have been vested in the Department of State Police and the Director of the Department of State Police by the Narcotic Control Division Abolition Act. 9. To exercise the rights, powers and duties which have been vested in the Department of Public Safety by the Illinois Vehicle Code. 10. To exercise the rights, powers and duties which have been vested in the Department of Public Safety by the Firearm Owners Identification Card Act. 11. To enforce and administer such other laws in relation to law enforcement as may be vested in the Department. 12. To transfer jurisdiction of any realty title to which is held by the State of Illinois under the control of the Department to any other department of the State government or to the State Employees Housing Commission, or to acquire or accept Federal land, when such transfer, acquisition or acceptance is advantageous to the State and is approved in writing by the Governor. 13. With the written approval of the Governor, to enter into agreements with other departments created by this Act, for the furlough of inmates of the penitentiary to such other departments for their use in research programs being conducted by them. For the purpose of participating in such research projects, the Department may extend the limits of any inmate's place of confinement, when there is reasonable cause to believe that the
4750 JOURNAL OF THE [May 14, 1999] inmate will honor his or her trust by authorizing the inmate, under prescribed conditions, to leave the confines of the place unaccompanied by a custodial agent of the Department. The Department shall make rules governing the transfer of the inmate to the requesting other department having the approved research project, and the return of such inmate to the unextended confines of the penitentiary. Such transfer shall be made only with the consent of the inmate. The willful failure of a prisoner to remain within the extended limits of his or her confinement or to return within the time or manner prescribed to the place of confinement designated by the Department in granting such extension shall be deemed an escape from custody of the Department and punishable as provided in Section 3-6-4 of the Unified Code of Corrections. 14. To provide investigative services, with all of the powers possessed by policemen in cities and sheriffs, in and around all race tracks subject to the Horse Racing Act of 1975. 15. To expend such sums as the Director deems necessary from Contractual Services appropriations for the Division of Criminal Investigation for the purchase of evidence and for the employment of persons to obtain evidence. Such sums shall be advanced to agents authorized by the Director to expend funds, on vouchers signed by the Director. 16. To assist victims and witnesses in gang crime prosecutions through the administration of funds appropriated from the Gang Violence Victims and Witnesses Fund to the Department. Such funds shall be appropriated to the Department and shall only be used to assist victims and witnesses in gang crime prosecutions and such assistance may include any of the following: (a) temporary living costs; (b) moving expenses; (c) closing costs on the sale of private residence; (d) first month's rent; (e) security deposits; (f) apartment location assistance; (g) other expenses which the Department considers appropriate; and (h) compensation for any loss of or injury to real or personal property resulting from a gang crime to a maximum of $5,000, subject to the following provisions: (1) in the case of loss of property, the amount of compensation shall be measured by the replacement cost of similar or like property which has been incurred by and which is substantiated by the property owner, (2) in the case of injury to property, the amount of compensation shall be measured by the cost of repair incurred and which can be substantiated by the property owner, (3) compensation under this provision is a secondary source of compensation and shall be reduced by any amount the property owner receives from any other source as compensation for the loss or injury, including, but not limited to, personal insurance coverage, (4) no compensation may be awarded if the property owner was an offender or an accomplice of the offender, or if the award would unjustly benefit the offender or offenders, or an accomplice of the offender or offenders. No victim or witness may receive such assistance if he or she is not a part of or fails to fully cooperate in the prosecution of gang crime members by law enforcement authorities. The Department shall promulgate any rules necessary for the
HOUSE OF REPRESENTATIVES 4751 implementation of this amendatory Act of 1985. 17. To conduct arson investigations. 18. To develop a separate statewide statistical police contact record keeping system for the study of juvenile delinquency. The records of this police contact system shall be limited to statistical information. No individually identifiable information shall be maintained in the police contact statistical record system. 19. To develop a separate statewide central adjudicatory and dispositional records system for persons under 19 years of age who have been adjudicated delinquent minors and to make information available to local registered participating police youth officers so that police youth officers will be able to obtain rapid access to the juvenile's background from other jurisdictions to the end that the police youth officers can make appropriate dispositions which will best serve the interest of the child and the community. Information maintained in the adjudicatory and dispositional record system shall be limited to the incidents or offenses for which the minor was adjudicated delinquent by a court, and a copy of the court's dispositional order. All individually identifiable records in the adjudicatory and dispositional records system shall be destroyed when the person reaches 19 years of age. 20. To develop rules which guarantee the confidentiality of such individually identifiable adjudicatory and dispositional records except when used for the following: (a) by authorized juvenile court personnel or the State's Attorney in connection with proceedings under the Juvenile Court Act of 1987; or (b) inquiries from registered police youth officers. For the purposes of this Act "police youth officer" means a member of a duly organized State, county or municipal police force who is assigned by his or her Superintendent, Sheriff or chief of police, as the case may be, to specialize in youth problems. 21. To develop administrative rules and administrative hearing procedures which allow a minor, his or her attorney, and his or her parents or guardian access to individually identifiable adjudicatory and dispositional records for the purpose of determining or challenging the accuracy of the records. Final administrative decisions shall be subject to the provisions of the Administrative Review Law. 22. To charge, collect, and receive fees or moneys equivalent to the cost of providing Department of State Police personnel, equipment, and services to local governmental agencies when explicitly requested by a local governmental agency and pursuant to an intergovernmental agreement as provided by this Section, other State agencies, and federal agencies, including but not limited to fees or moneys equivalent to the cost of providing dispatching services, radio and radar repair, and training to local governmental agencies on such terms and conditions as in the judgment of the Director are in the best interest of the State; and to establish, charge, collect and receive fees or moneys based on the cost of providing responses to requests for criminal history record information pursuant to positive identification and any Illinois or federal law authorizing access to some aspect of such information and to prescribe the form and manner for requesting and furnishing such information to the requestor on such terms and conditions as in the judgment of the Director are in the best interest of the State, provided fees for requesting and furnishing criminal history record information may be waived for requests in the due administration of the criminal laws. The Department may also charge, collect and receive fees or moneys equivalent to the cost of providing electronic data processing lines or related telecommunication services to local
4752 JOURNAL OF THE [May 14, 1999] governments, but only when such services can be provided by the Department at a cost less than that experienced by said local governments through other means. All services provided by the Department shall be conducted pursuant to contracts in accordance with the Intergovernmental Cooperation Act, and all telecommunication services shall be provided pursuant to the provisions of Section 67.18 of this Code. All fees received by the Department of State Police under this Act or the Illinois Uniform Conviction Information Act shall be deposited in a special fund in the State Treasury to be known as the State Police Services Fund. The money deposited in the State Police Services Fund shall be appropriated to the Department of State Police for expenses of the Department of State Police. Upon the completion of any audit of the Department of State Police as prescribed by the Illinois State Auditing Act, which audit includes an audit of the State Police Services Fund, the Department of State Police shall make the audit open to inspection by any interested person. 23. To exercise the powers and perform the duties which have been vested in the Department of State Police by the Intergovernmental Missing Child Recovery Act of 1984, and to establish reasonable rules and regulations necessitated thereby. 24. (a) To establish and maintain a statewide Law Enforcement Agencies Data System (LEADS) for the purpose of providing electronic access by authorized entities to criminal justice data repositories and effecting an immediate law enforcement response to reports of missing persons, including lost, missing or runaway minors. The Department shall implement an automatic data exchange system to compile, to maintain and to make available to other law enforcement agencies for immediate dissemination data which can assist appropriate agencies in recovering missing persons and provide access by authorized entities to various data repositories available through LEADS for criminal justice and related purposes. To assist the Department in this effort, funds may be appropriated from the LEADS Maintenance Fund. (b) In exercising its duties under this subsection, the Department shall: (1) provide a uniform reporting format for the entry of pertinent information regarding the report of a missing person into LEADS; (2) develop and implement a policy whereby a statewide or regional alert would be used in situations relating to the disappearances of individuals, based on criteria and in a format established by the Department. Such a format shall include, but not be limited to, the age of the missing person and the suspected circumstance of the disappearance; (3) notify all law enforcement agencies that reports of missing persons shall be entered as soon as the minimum level of data specified by the Department is available to the reporting agency, and that no waiting period for the entry of such data exists; (4) compile and retain information regarding lost, abducted, missing or runaway minors in a separate data file, in a manner that allows such information to be used by law enforcement and other agencies deemed appropriate by the Director, for investigative purposes. Such information shall include the disposition of all reported lost, abducted, missing or runaway minor cases; (5) compile and maintain an historic data repository relating to lost, abducted, missing or runaway minors and other missing persons in order to develop and improve techniques
HOUSE OF REPRESENTATIVES 4753 utilized by law enforcement agencies when responding to reports of missing persons; and (6) create a quality control program regarding confirmation of missing person data, timeliness of entries of missing person reports into LEADS and performance audits of all entering agencies. 25. On request of a school board or regional superintendent of schools, to conduct an inquiry pursuant to Section 10-21.9 or 34-18.5 of the School Code to ascertain if an applicant for employment in a school district has been convicted of any criminal or drug offenses enumerated in Section 10-21.9 or 34-18.5 of the School Code. The Department shall furnish such conviction information to the President of the school board of the school district which has requested the information, or if the information was requested by the regional superintendent to that regional superintendent. 26. To promulgate rules and regulations necessary for the administration and enforcement of its powers and duties, wherever granted and imposed, pursuant to the Illinois Administrative Procedure Act. 27. To (a) promulgate rules pertaining to the certification, revocation of certification and training of law enforcement officers as electronic criminal surveillance officers, (b) provide training and technical assistance to State's Attorneys and local law enforcement agencies pertaining to the interception of private oral communications, (c) promulgate rules necessary for the administration of Article 108B of the Code of Criminal Procedure of 1963, including but not limited to standards for recording and minimization of electronic criminal surveillance intercepts, documentation required to be maintained during an intercept, procedures in relation to evidence developed by an intercept, and (d) charge a reasonable fee to each law enforcement agency that sends officers to receive training as electronic criminal surveillance officers. 28. Upon the request of any private organization which devotes a major portion of its time to the provision of recreational, social, educational or child safety services to children, to conduct, pursuant to positive identification, criminal background investigations of all of that organization's current employees, current volunteers, prospective employees or prospective volunteers charged with the care and custody of children during the provision of the organization's services, and to report to the requesting organization any record of convictions maintained in the Department's files about such persons. The Department shall charge an application fee, based on actual costs, for the dissemination of conviction information pursuant to this subsection. The Department is empowered to establish this fee and shall prescribe the form and manner for requesting and furnishing conviction information pursuant to this subsection. Information received by the organization from the Department concerning an individual shall be provided to such individual. Any such information obtained by the organization shall be confidential and may not be transmitted outside the organization and may not be transmitted to anyone within the organization except as needed for the purpose of evaluating the individual. Only information and standards which bear a reasonable and rational relation to the performance of child care shall be used by the organization. Any employee of the Department or any member, employee or volunteer of the organization receiving confidential information under this subsection who gives or causes to be given any confidential information concerning any criminal convictions of an individual shall be guilty of a Class A misdemeanor unless release of such information is authorized by this subsection. 29. Upon the request of the Department of Children and Family
4754 JOURNAL OF THE [May 14, 1999] Services, to investigate reports of child abuse or neglect. 30. To obtain registration of a fictitious vital record pursuant to Section 15.1 of the Vital Records Act. 31. To collect and disseminate information relating to "hate crimes" as defined under Section 12-7.1 of the Criminal Code of 1961 contingent upon the availability of State or Federal funds to revise and upgrade the Illinois Uniform Crime Reporting System. All law enforcement agencies shall report monthly to the Department of State Police concerning such offenses in such form and in such manner as may be prescribed by rules and regulations adopted by the Department of State Police. Such information shall be compiled by the Department and be disseminated upon request to any local law enforcement agency, unit of local government, or state agency. Dissemination of such information shall be subject to all confidentiality requirements otherwise imposed by law. The Department of State Police shall provide training for State Police officers in identifying, responding to, and reporting all hate crimes. The Illinois Local Governmental Law Enforcement Officer's Training Standards Board shall develop and certify a course of such training to be made available to local law enforcement officers. 32. Upon the request of a private carrier company that provides transportation under Section 28b of the Metropolitan Transit Authority Act, to ascertain if an applicant for a driver position has been convicted of any criminal or drug offense enumerated in Section 28b of the Metropolitan Transit Authority Act. The Department shall furnish the conviction information to the private carrier company that requested the information. 33. To apply for grants or contracts, receive, expend, allocate, or disburse funds and moneys made available by public or private entities, including, but not limited to, contracts, bequests, grants, or receiving equipment from corporations, foundations, or public or private institutions of higher learning. All funds received by the Department from these sources shall be deposited into the appropriate fund in the State Treasury to be appropriated to the Department for purposes as indicated by the grantor or contractor or, in the case of funds or moneys bequeathed or granted for no specific purpose, for any purpose as deemed appropriate by the Director in administering the responsibilities of the Department. 34. Upon the request of the Department of Children and Family Services, the Department of State Police shall provide properly designated employees of the Department of Children and Family Services with criminal history record information as defined in the Illinois Uniform Conviction Information Act and information maintained in the adjudicatory and dispositional record system as defined in subdivision (A)19 of this Section if the Department of Children and Family Services determines the information is necessary to perform its duties under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act. The request shall be in the form and manner specified by the Department of State Police. 35. The Illinois Department of Public Aid is an authorized entity under this Section for the purpose of obtaining access to various data repositories available through LEADS, to facilitate the location of individuals for establishing paternity, and establishing, modifying, and enforcing child support obligations, pursuant to the Illinois Public Aid Code and Title IV, Part D of the Social Security Act. The Department shall enter into an agreement with the Illinois Department of Public Aid consistent with these purposes. 36. Upon request of the Department of Human Services, to conduct an assessment and evaluation of sexually violent persons as mandated by the Sexually Violent Persons Commitment Act, the Department shall
HOUSE OF REPRESENTATIVES 4755 furnish criminal history information maintained on the requested person. The request shall be in the form and manner specified by the Department. 37. To exercise the powers and perform the duties specifically assigned to the Department under the Wireless Emergency Telephone Safety Act with respect to the development and improvement of emergency communications procedures and facilities in such a manner as to facilitate a quick response to any person calling the number "9-1-1" seeking police, fire, medical, or other emergency services through a wireless carrier as defined in Section 10 of the Wireless Emergency Telephone Safety Act. Nothing in the Wireless Emergency Telephone Safety Act shall require the Illinois State Police to provide wireless enhanced 9-1-1 services. (B) The Department of State Police may establish and maintain, within the Department of State Police, a Statewide Organized Criminal Gang Database (SWORD) for the purpose of tracking organized criminal gangs and their memberships. Information in the database may include, but not be limited to, the name, last known address, birth date, physical descriptions (such as scars, marks, or tattoos), officer safety information, organized gang affiliation, and entering agency identifier. The Department may develop, in consultation with the Criminal Justice Information Authority, and in a form and manner prescribed by the Department, an automated data exchange system to compile, to maintain, and to make this information electronically available to prosecutors and to other law enforcement agencies. The information may be used by authorized agencies to combat the operations of organized criminal gangs statewide. (C) The Department of State Police may ascertain the number of bilingual police officers and other personnel needed to provide services in a language other than English and may establish, under applicable personnel rules and Department guidelines or through a collective bargaining agreement, a bilingual pay supplement program. (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.) (Text of Section after amendment by P.A. 90-590) Sec. 55a. Powers and duties. (A) The Department of State Police shall have the following powers and duties, and those set forth in Sections 55a-1 through 55c: 1. To exercise the rights, powers and duties which have been vested in the Department of Public Safety by the State Police Act. 2. To exercise the rights, powers and duties which have been vested in the Department of Public Safety by the State Police Radio Act. 3. To exercise the rights, powers and duties which have been vested in the Department of Public Safety by the Criminal Identification Act. 4. To (a) investigate the origins, activities, personnel and incidents of crime and the ways and means to redress the victims of crimes, and study the impact, if any, of legislation relative to the effusion of crime and growing crime rates, and enforce the criminal laws of this State related thereto, (b) enforce all laws regulating the production, sale, prescribing, manufacturing, administering, transporting, having in possession, dispensing, delivering, distributing, or use of controlled substances and cannabis, (c) employ skilled experts, scientists, technicians, investigators or otherwise specially qualified persons to aid in preventing or detecting crime, apprehending criminals, or preparing and presenting evidence of violations of the criminal laws of the State, (d) cooperate with the police of cities, villages and incorporated towns, and with the police officers of any county, in enforcing the laws of
4756 JOURNAL OF THE [May 14, 1999] the State and in making arrests and recovering property, (e) apprehend and deliver up any person charged in this State or any other State of the United States with treason, felony, or other crime, who has fled from justice and is found in this State, and (f) conduct such other investigations as may be provided by law. Persons exercising these powers within the Department are conservators of the peace and as such have all the powers possessed by policemen in cities and sheriffs, except that they may exercise such powers anywhere in the State in cooperation with and after contact with the local law enforcement officials. Such persons may use false or fictitious names in the performance of their duties under this paragraph, upon approval of the Director, and shall not be subject to prosecution under the criminal laws for such use. 5. To: (a) be a central repository and custodian of criminal statistics for the State, (b) be a central repository for criminal history record information, (c) procure and file for record such information as is necessary and helpful to plan programs of crime prevention, law enforcement and criminal justice, (d) procure and file for record such copies of fingerprints, as may be required by law, (e) establish general and field crime laboratories, (f) register and file for record such information as may be required by law for the issuance of firearm owner's identification cards, (g) employ polygraph operators, laboratory technicians and other specially qualified persons to aid in the identification of criminal activity, and (h) undertake such other identification, information, laboratory, statistical or registration activities as may be required by law. 6. To (a) acquire and operate one or more radio broadcasting stations in the State to be used for police purposes, (b) operate a statewide communications network to gather and disseminate information for law enforcement agencies, (c) operate an electronic data processing and computer center for the storage and retrieval of data pertaining to criminal activity, and (d) undertake such other communication activities as may be required by law. 7. To provide, as may be required by law, assistance to local law enforcement agencies through (a) training, management and consultant services for local law enforcement agencies, and (b) the pursuit of research and the publication of studies pertaining to local law enforcement activities. 8. To exercise the rights, powers and duties which have been vested in the Department of State Police and the Director of the Department of State Police by the Narcotic Control Division Abolition Act. 9. To exercise the rights, powers and duties which have been vested in the Department of Public Safety by the Illinois Vehicle Code. 10. To exercise the rights, powers and duties which have been vested in the Department of Public Safety by the Firearm Owners Identification Card Act. 11. To enforce and administer such other laws in relation to law enforcement as may be vested in the Department. 12. To transfer jurisdiction of any realty title to which is held by the State of Illinois under the control of the Department to any other department of the State government or to the State Employees Housing Commission, or to acquire or accept Federal land, when such transfer, acquisition or acceptance is advantageous to the State and is approved in writing by the Governor. 13. With the written approval of the Governor, to enter into agreements with other departments created by this Act, for the furlough of inmates of the penitentiary to such other departments for their use in research programs being conducted by them. For the purpose of participating in such research projects, the
HOUSE OF REPRESENTATIVES 4757 Department may extend the limits of any inmate's place of confinement, when there is reasonable cause to believe that the inmate will honor his or her trust by authorizing the inmate, under prescribed conditions, to leave the confines of the place unaccompanied by a custodial agent of the Department. The Department shall make rules governing the transfer of the inmate to the requesting other department having the approved research project, and the return of such inmate to the unextended confines of the penitentiary. Such transfer shall be made only with the consent of the inmate. The willful failure of a prisoner to remain within the extended limits of his or her confinement or to return within the time or manner prescribed to the place of confinement designated by the Department in granting such extension shall be deemed an escape from custody of the Department and punishable as provided in Section 3-6-4 of the Unified Code of Corrections. 14. To provide investigative services, with all of the powers possessed by policemen in cities and sheriffs, in and around all race tracks subject to the Horse Racing Act of 1975. 15. To expend such sums as the Director deems necessary from Contractual Services appropriations for the Division of Criminal Investigation for the purchase of evidence and for the employment of persons to obtain evidence. Such sums shall be advanced to agents authorized by the Director to expend funds, on vouchers signed by the Director. 16. To assist victims and witnesses in gang crime prosecutions through the administration of funds appropriated from the Gang Violence Victims and Witnesses Fund to the Department. Such funds shall be appropriated to the Department and shall only be used to assist victims and witnesses in gang crime prosecutions and such assistance may include any of the following: (a) temporary living costs; (b) moving expenses; (c) closing costs on the sale of private residence; (d) first month's rent; (e) security deposits; (f) apartment location assistance; (g) other expenses which the Department considers appropriate; and (h) compensation for any loss of or injury to real or personal property resulting from a gang crime to a maximum of $5,000, subject to the following provisions: (1) in the case of loss of property, the amount of compensation shall be measured by the replacement cost of similar or like property which has been incurred by and which is substantiated by the property owner, (2) in the case of injury to property, the amount of compensation shall be measured by the cost of repair incurred and which can be substantiated by the property owner, (3) compensation under this provision is a secondary source of compensation and shall be reduced by any amount the property owner receives from any other source as compensation for the loss or injury, including, but not limited to, personal insurance coverage, (4) no compensation may be awarded if the property owner was an offender or an accomplice of the offender, or if the award would unjustly benefit the offender or offenders, or an accomplice of the offender or offenders. No victim or witness may receive such assistance if he or she is not a part of or fails to fully cooperate in the prosecution of gang
4758 JOURNAL OF THE [May 14, 1999] crime members by law enforcement authorities. The Department shall promulgate any rules necessary for the implementation of this amendatory Act of 1985. 17. To conduct arson investigations. 18. To develop a separate statewide statistical police contact record keeping system for the study of juvenile delinquency. The records of this police contact system shall be limited to statistical information. No individually identifiable information shall be maintained in the police contact statistical record system. 19. To develop a separate statewide central juvenile records system for persons arrested prior to the age of 17 under Section 5-401 of the Juvenile Court Act of 1987 or adjudicated delinquent minors and to make information available to local law enforcement officers so that law enforcement officers will be able to obtain rapid access to the background of the minor from other jurisdictions to the end that the juvenile police officers can make appropriate decisions which will best serve the interest of the child and the community. The Department shall submit a quarterly report to the General Assembly and Governor which shall contain the number of juvenile records that the Department has received in that quarter and, a list, by category, of offenses that minors were arrested for or convicted of by age, race and gender. 20. To develop rules which guarantee the confidentiality of such individually identifiable juvenile records except to juvenile authorities who request information concerning the minor and who certify in writing that the information will not be disclosed to any other party except as provided under law or order of court. For purposes of this Section, "juvenile authorities" means: (i) a judge of the circuit court and members of the staff of the court designated by the judge; (ii) parties to the proceedings under the Juvenile Court Act of 1987 and their attorneys; (iii) probation officers and court appointed advocates for the juvenile authorized by the judge hearing the case; (iv) any individual or, public or of private agency having custody of the child pursuant to court order; (v) any individual or, public or private agency providing education, medical or mental health service to the child when the requested information is needed to determine the appropriate service or treatment for the minor; (vi) any potential placement provider when such release is authorized by the court for the limited purpose of determining the appropriateness of the potential placement; (vii) law enforcement officers and prosecutors; (viii) adult and juvenile prisoner review boards; (ix) authorized military personnel; (x) individuals authorized by court; (xi) the Illinois General Assembly or any committee or commission thereof. 21. To develop administrative rules and administrative hearing procedures which allow a minor, his or her attorney, and his or her parents or guardian access to individually identifiable juvenile records for the purpose of determining or challenging the accuracy of the records. Final administrative decisions shall be subject to the provisions of the Administrative Review Law. 22. To charge, collect, and receive fees or moneys equivalent to the cost of providing Department of State Police personnel, equipment, and services to local governmental agencies when explicitly requested by a local governmental agency and pursuant to an intergovernmental agreement as provided by this Section, other State agencies, and federal agencies, including but not limited to fees or moneys equivalent to the cost of providing dispatching services, radio and radar repair, and training to local governmental agencies on such terms and conditions as in the judgment of the Director are in the best interest of the State; and to establish, charge, collect and receive fees or moneys based on the cost of
HOUSE OF REPRESENTATIVES 4759 providing responses to requests for criminal history record information pursuant to positive identification and any Illinois or federal law authorizing access to some aspect of such information and to prescribe the form and manner for requesting and furnishing such information to the requestor on such terms and conditions as in the judgment of the Director are in the best interest of the State, provided fees for requesting and furnishing criminal history record information may be waived for requests in the due administration of the criminal laws. The Department may also charge, collect and receive fees or moneys equivalent to the cost of providing electronic data processing lines or related telecommunication services to local governments, but only when such services can be provided by the Department at a cost less than that experienced by said local governments through other means. All services provided by the Department shall be conducted pursuant to contracts in accordance with the Intergovernmental Cooperation Act, and all telecommunication services shall be provided pursuant to the provisions of Section 67.18 of this Code. All fees received by the Department of State Police under this Act or the Illinois Uniform Conviction Information Act shall be deposited in a special fund in the State Treasury to be known as the State Police Services Fund. The money deposited in the State Police Services Fund shall be appropriated to the Department of State Police for expenses of the Department of State Police. Upon the completion of any audit of the Department of State Police as prescribed by the Illinois State Auditing Act, which audit includes an audit of the State Police Services Fund, the Department of State Police shall make the audit open to inspection by any interested person. 23. To exercise the powers and perform the duties which have been vested in the Department of State Police by the Intergovernmental Missing Child Recovery Act of 1984, and to establish reasonable rules and regulations necessitated thereby. 24. (a) To establish and maintain a statewide Law Enforcement Agencies Data System (LEADS) for the purpose of providing electronic access by authorized entities to criminal justice data repositories and effecting an immediate law enforcement response to reports of missing persons, including lost, missing or runaway minors. The Department shall implement an automatic data exchange system to compile, to maintain and to make available to other law enforcement agencies for immediate dissemination data which can assist appropriate agencies in recovering missing persons and provide access by authorized entities to various data repositories available through LEADS for criminal justice and related purposes. To assist the Department in this effort, funds may be appropriated from the LEADS Maintenance Fund. (b) In exercising its duties under this subsection, the Department shall: (1) provide a uniform reporting format for the entry of pertinent information regarding the report of a missing person into LEADS; (2) develop and implement a policy whereby a statewide or regional alert would be used in situations relating to the disappearances of individuals, based on criteria and in a format established by the Department. Such a format shall include, but not be limited to, the age of the missing person and the suspected circumstance of the disappearance; (3) notify all law enforcement agencies that reports of missing persons shall be entered as soon as the minimum level of data specified by the Department is available to the reporting agency, and that no waiting period for the entry of such data
4760 JOURNAL OF THE [May 14, 1999] exists; (4) compile and retain information regarding lost, abducted, missing or runaway minors in a separate data file, in a manner that allows such information to be used by law enforcement and other agencies deemed appropriate by the Director, for investigative purposes. Such information shall include the disposition of all reported lost, abducted, missing or runaway minor cases; (5) compile and maintain an historic data repository relating to lost, abducted, missing or runaway minors and other missing persons in order to develop and improve techniques utilized by law enforcement agencies when responding to reports of missing persons; and (6) create a quality control program regarding confirmation of missing person data, timeliness of entries of missing person reports into LEADS and performance audits of all entering agencies. 25. On request of a school board or regional superintendent of schools, to conduct an inquiry pursuant to Section 10-21.9 or 34-18.5 of the School Code to ascertain if an applicant for employment in a school district has been convicted of any criminal or drug offenses enumerated in Section 10-21.9 or 34-18.5 of the School Code. The Department shall furnish such conviction information to the President of the school board of the school district which has requested the information, or if the information was requested by the regional superintendent to that regional superintendent. 26. To promulgate rules and regulations necessary for the administration and enforcement of its powers and duties, wherever granted and imposed, pursuant to the Illinois Administrative Procedure Act. 27. To (a) promulgate rules pertaining to the certification, revocation of certification and training of law enforcement officers as electronic criminal surveillance officers, (b) provide training and technical assistance to State's Attorneys and local law enforcement agencies pertaining to the interception of private oral communications, (c) promulgate rules necessary for the administration of Article 108B of the Code of Criminal Procedure of 1963, including but not limited to standards for recording and minimization of electronic criminal surveillance intercepts, documentation required to be maintained during an intercept, procedures in relation to evidence developed by an intercept, and (d) charge a reasonable fee to each law enforcement agency that sends officers to receive training as electronic criminal surveillance officers. 28. Upon the request of any private organization which devotes a major portion of its time to the provision of recreational, social, educational or child safety services to children, to conduct, pursuant to positive identification, criminal background investigations of all of that organization's current employees, current volunteers, prospective employees or prospective volunteers charged with the care and custody of children during the provision of the organization's services, and to report to the requesting organization any record of convictions maintained in the Department's files about such persons. The Department shall charge an application fee, based on actual costs, for the dissemination of conviction information pursuant to this subsection. The Department is empowered to establish this fee and shall prescribe the form and manner for requesting and furnishing conviction information pursuant to this subsection. Information received by the organization from the Department concerning an individual shall be provided to such individual. Any such information obtained by the organization shall be confidential and may not be transmitted outside the organization
HOUSE OF REPRESENTATIVES 4761 and may not be transmitted to anyone within the organization except as needed for the purpose of evaluating the individual. Only information and standards which bear a reasonable and rational relation to the performance of child care shall be used by the organization. Any employee of the Department or any member, employee or volunteer of the organization receiving confidential information under this subsection who gives or causes to be given any confidential information concerning any criminal convictions of an individual shall be guilty of a Class A misdemeanor unless release of such information is authorized by this subsection. 29. Upon the request of the Department of Children and Family Services, to investigate reports of child abuse or neglect. 30. To obtain registration of a fictitious vital record pursuant to Section 15.1 of the Vital Records Act. 31. To collect and disseminate information relating to "hate crimes" as defined under Section 12-7.1 of the Criminal Code of 1961 contingent upon the availability of State or Federal funds to revise and upgrade the Illinois Uniform Crime Reporting System. All law enforcement agencies shall report monthly to the Department of State Police concerning such offenses in such form and in such manner as may be prescribed by rules and regulations adopted by the Department of State Police. Such information shall be compiled by the Department and be disseminated upon request to any local law enforcement agency, unit of local government, or state agency. Dissemination of such information shall be subject to all confidentiality requirements otherwise imposed by law. The Department of State Police shall provide training for State Police officers in identifying, responding to, and reporting all hate crimes. The Illinois Law Enforcement Training Standards Board shall develop and certify a course of such training to be made available to local law enforcement officers. 32. Upon the request of a private carrier company that provides transportation under Section 28b of the Metropolitan Transit Authority Act, to ascertain if an applicant for a driver position has been convicted of any criminal or drug offense enumerated in Section 28b of the Metropolitan Transit Authority Act. The Department shall furnish the conviction information to the private carrier company that requested the information. 33. To apply for grants or contracts, receive, expend, allocate, or disburse funds and moneys made available by public or private entities, including, but not limited to, contracts, bequests, grants, or receiving equipment from corporations, foundations, or public or private institutions of higher learning. All funds received by the Department from these sources shall be deposited into the appropriate fund in the State Treasury to be appropriated to the Department for purposes as indicated by the grantor or contractor or, in the case of funds or moneys bequeathed or granted for no specific purpose, for any purpose as deemed appropriate by the Director in administering the responsibilities of the Department. 34. Upon the request of the Department of Children and Family Services, the Department of State Police shall provide properly designated employees of the Department of Children and Family Services with criminal history record information as defined in the Illinois Uniform Conviction Information Act and information maintained in the Statewide Central Juvenile record system as defined in subdivision (A)19 of this Section if the Department of Children and Family Services determines the information is necessary to perform its duties under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act. The request shall be in the form and manner specified by the Department of State Police.
4762 JOURNAL OF THE [May 14, 1999] 35. The Illinois Department of Public Aid is an authorized entity under this Section for the purpose of exchanging information, in the form and manner required by the Department of State Police, obtaining access to various data repositories available through LEADS, to facilitate the location of individuals for establishing paternity, and establishing, modifying, and enforcing child support obligations, pursuant to the Illinois Public Aid Code and Title IV, Part Section D of the Social Security Act. The Department shall enter into an agreement with the Illinois Department of Public Aid consistent with these purposes. 36. Upon request of the Department of Human Services, to conduct an assessment and evaluation of sexually violent persons as mandated by the Sexually Violent Persons Commitment Act, the Department shall furnish criminal history information maintained on the requested person. The request shall be in the form and manner specified by the Department. 37. To exercise the powers and perform the duties specifically assigned to the Department under the Wireless Emergency Telephone Safety Act with respect to the development and improvement of emergency communications procedures and facilities in such a manner as to facilitate a quick response to any person calling the number "9-1-1" seeking police, fire, medical, or other emergency services through a wireless carrier as defined in Section 10 of the Wireless Emergency Telephone Safety Act. Nothing in the Wireless Emergency Telephone Safety Act shall require the Illinois State Police to provide wireless enhanced 9-1-1 services. (B) The Department of State Police may establish and maintain, within the Department of State Police, a Statewide Organized Criminal Gang Database (SWORD) for the purpose of tracking organized criminal gangs and their memberships. Information in the database may include, but not be limited to, the name, last known address, birth date, physical descriptions (such as scars, marks, or tattoos), officer safety information, organized gang affiliation, and entering agency identifier. The Department may develop, in consultation with the Criminal Justice Information Authority, and in a form and manner prescribed by the Department, an automated data exchange system to compile, to maintain, and to make this information electronically available to prosecutors and to other law enforcement agencies. The information may be used by authorized agencies to combat the operations of organized criminal gangs statewide. (C) The Department of State Police may ascertain the number of bilingual police officers and other personnel needed to provide services in a language other than English and may establish, under applicable personnel rules and Department guidelines or through a collective bargaining agreement, a bilingual pay supplement program. (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 1-21-99.) Section 810. The State Finance Act is amended by adding Sections 5.490, 5.491, 5-492, and 8.36 as follows: (30 ILCS 105/5.490 new) Sec. 5.490. Wireless Service Emergency Fund. (30 ILCS 105/5.491 new) Sec. 5.491. State Police Wireless Service Emergency Fund. (30 ILCS 105/5.492 new) Sec. 5.492. Wireless Carrier Reimbursement Fund. (30 ILCS 105/8.36 new) Sec. 8.36. State Police Wireless Service Emergency Fund. (a) The State Police Wireless Service Emergency Fund is created as a special fund in the State Treasury. (b) Grants to the Department of State Police from the Wireless
HOUSE OF REPRESENTATIVES 4763 Service Emergency Fund shall be deposited into the State Police Wireless Service Emergency Fund and shall be used in accordance with Section 20 of the Wireless Emergency Telephone Safety Act. (c) On July 1, 1999, the State Comptroller and State Treasurer shall transfer $1,300,000 from the General Revenue Fund to the State Police Wireless Service Emergency Fund. On June 30, 2003 the State Comptroller and State Treasurer shall transfer $1,300,000 from the State Police Wireless Service Emergency Fund to the General Revenue Fund. Section 995. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act. Section 999. Effective date. This Act takes effect July 1, 1999.". AMENDMENT NO. 2. Amend House Bill 1383, AS AMENDED, with reference to the page and line numbers of Senate Amendment No. 1, on page 6, in lines 20 and 21, by changing "subsection (d) of this Section" to "Section 17"; and on page 7, in line 18, by deleting "of"; and on page 51, in line 11, by changing "5-492" to "5.492". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 1383 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 1580 A bill for AN ACT to amend the Illinois Pension Code by changing Section 7-123. 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. 1580. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1580 by deleting all of Section 99. The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1580 was placed on the Calendar on the order of Concurrence.
4764 JOURNAL OF THE [May 14, 1999] 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 1769 A bill for AN ACT to amend the Property Tax Code by changing Sections 21-385, 22-15, and 22-20. 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. 1769. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1769 by replacing the title with the following: "AN ACT to amend certain Acts in relation to real property."; and by inserting below Section 5 the following: "Section 10. The Illinois Municipal Code is amended by changing Section 11-31-2 as follows: (65 ILCS 5/11-31-2) (from Ch. 24, par. 11-31-2) Sec. 11-31-2. (a) If the appropriate official of any municipality determines, upon due investigation, that any building or structure therein fails to conform to the minimum standards of health and safety as set forth in the applicable ordinances of such municipality, and the owner or owners of such building or structure fails, after due notice, to cause such property so to conform, the municipality may make application to the circuit court for an injunction requiring compliance with such ordinances or for such other order as the court may deem necessary or appropriate to secure such compliance. If the appropriate official of any municipality determines, upon due investigation, that any building or structure located within the area affected by a conservation plan, adopted by the municipality pursuant to the Urban Community Conservation Act, fails to conform to the standards and provisions of such plan, and the owner or owners of such building or structure fails, after due notice, to cause such property so to conform, the municipality has the power to make application to the circuit court for an injunction requiring compliance with such plan or for such other order as the court may deem necessary or appropriate to secure such compliance. The hearing upon such suit shall be expedited by the court and shall be given precedence over all other actions. If, upon application hereunder, the court orders the appointment of a receiver to cause such building or structure to conform, such receiver may use the rents and issues of such property toward maintenance, repair and rehabilitation of the property prior to and despite any assignment of rents; and the court may further authorize the receiver to recover the cost of such maintenance, repair and rehabilitation by the issuance and sale of notes or receiver's certificates bearing such interest as the court may fix, and such
HOUSE OF REPRESENTATIVES 4765 notes or certificates, after their initial issuance and transfer by the receiver, shall be freely transferable and when sold or transferred by the receiver in return for a valuable consideration in money, material, labor or services, shall be a first lien upon the real estate and the rents and issues thereof, and shall be superior to all prior assignments of rents and all prior existing liens and encumbrances, except taxes; provided, that within 90 days of such sale or transfer for value by the receiver of such note or certificate, the holder thereof shall file notice of lien in the office of the recorder in the county in which the real estate is located, or in the office of the registrar of titles of such county if the real estate affected is registered under the Registered Titles (Torrens) Act. The notice of the lien filed shall set forth (1) a description of the real estate affected sufficient for the identification thereof, (2) the face amount of the receiver's note or certificate, together with the interest payable thereon, and (3) the date when the receiver's note or certificate was sold or transferred for value by the receiver. Upon payment to the holder of the receiver's note or certificate of the face amount thereof together with any interest thereon to such date of payment, and upon the filing of record of a sworn statement of such payment, the lien of such certificate shall be released. Unless the lien is enforced pursuant to subsection (b), the lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanics' liens, and such action to foreclose such lien may be commenced at any time after the date of default. For the purposes of this subsection (a), the date of default shall be deemed to occur 90 days from the date of issuance of the receiver's certificate if at that time the certificate remains unpaid in whole or in part. In the event a receiver appointed under this subsection (a) completes a feasibility study which study finds that the property can not be economically brought into compliance with the minimum standards of health and safety as set forth in the applicable ordinances of the municipality, the receiver may petition the court for reimbursement for the cost of the feasibility study from the receivership feasibility study and fee fund. The court shall review the petition and authorize reimbursement from the fund to the receiver if the court finds that the findings in the feasibility report are reasonable, that the fee for the feasibility report is reasonable, and that the receiver is unable to obtain reimbursement other than by foreclosure of a lien on the property. If the court grants the petition for reimbursement from the fund and, upon receiving certification from the court of the amount to be paid, the county treasurer shall order that amount paid from the fund to the receiver. If the court grants the petition for reimbursement from the fund, the court shall also authorize and direct the receiver to issue a certificate of lien against title. The recorded lien shall be a first lien upon the real estate and shall be superior to all prior liens and encumbrances except real estate taxes. The court shall also order the receiver to reimburse the fund to the extent that the receiver is reimbursed upon foreclosure of the receiver's lien upon sale of the property. In any proceedings hereunder in which the court orders the appointment of a receiver, the court may further authorize the receiver to enter into such agreements and to do such acts as may be required to obtain first mortgage insurance on the receiver's notes or certificates from an agency of the Federal Government. (b) In any case where a municipality has obtained a lien pursuant to subsection (a), the municipality may enforce such lien pursuant to this subsection (b) in the same proceeding in which the lien is authorized.
4766 JOURNAL OF THE [May 14, 1999] A municipality desiring to enforce a lien under this subsection (b) shall petition the court to retain jurisdiction for foreclosure proceedings under this subsection. Notice of the petition shall be served, by certified or registered mail, on all persons who were served notice under subsection (a). The court shall conduct a hearing on the petition not less than 15 days after such notice is served. If the court determines that the requirements of this subsection (b) have been satisfied, it shall grant the petition and retain jurisdiction over the matter until the foreclosure proceeding is completed. If the court denies the petition, the municipality may enforce the lien in a separate action as provided in subsection (a). All persons designated in Section 15-1501 of the Code of Civil Procedure as necessary parties in a mortgage foreclosure action shall be joined as parties prior to issuance of an order of foreclosure. Persons designated in Section 15-1501 of the Code of Civil Procedure as permissible parties may also be joined as parties in the action. The provisions of Article XV of the Code of Civil Procedure applicable to mortgage foreclosures shall apply to the foreclosure of a lien pursuant to this subsection (b), except to the extent that such provisions are inconsistent with this subsection. However, for purposes of foreclosures of liens pursuant to this subsection, the redemption period described in subsection (b) of Section 15-1603 of the Code of Civil Procedure shall end 60 days after the date of entry of the order of foreclosure. (Source: P.A. 88-658, eff. 1-1-95.) Section 15. The Registered Titles (Torrens) Act is amended by changing Sections 100 and 102 and adding Section 102.3 as follows: (765 ILCS 35/100) (from Ch. 30, par. 137) Sec. 100. All sums of money received pursuant to Sections 40, 99, and 108 of this Act shall be paid by the registrar to the county treasurer of the county in which the land is situated, for the purpose of maintaining an indemnity fund under the terms of this Act, and for the purposes provided for in Sections 102.1, and 102.2, and 102.3. It shall be the duty of the treasurer to invest all of the fund, including both principal and income, from time to time if not immediately required for payments of indemnities in accordance with Division 3-11 and other applicable provisions of the Counties Code. The county treasurer shall report annually to the county board the condition and income of the fund and forward a copy of the report to the registrar. (Source: P.A. 90-778, eff. 8-14-98.) (765 ILCS 35/102) (from Ch. 30, par. 139) Sec. 102. Except as otherwise provided in Sections 102.1, and 102.2, and 102.3 of this Act, the indemnity fund shall be held to satisfy judgments obtained or claims allowed against the county for losses or damages as aforesaid. Such claims for damages shall be presented to the registrar and county board, and such county board is hereby authorized and empowered to allow or reject the same and to provide for the payment of such claims as may be allowed. No claims for such losses or damages shall be allowed and paid by any such county board unless upon the recommendation of the registrar who shall be in office at the time the claim shall be allowed. The county board shall grant or deny such claims in whole or in part within 60 days from the date of the receipt thereof by the county board. In the event the county board shall fail to grant or deny such claims in whole or in part within 60 days from the date of the receipt thereof, the claims are deemed to be denied. Judicial review may be had in accordance with Administrative Review Law as heretofore or hereafter amended. (Source: P.A. 90-778, eff. 8-14-98.) (765 ILCS 35/102.3 new)
HOUSE OF REPRESENTATIVES 4767 Sec. 102.3. Transfer to the receivership feasibility study and fee fund. Within 30 days after the effective date of this amendatory Act of the 91st General Assembly, the county treasurer shall transfer $250,000 from the indemnity fund to the receivership feasibility study and fee fund, a special fund created in the county treasury. Moneys in the fund shall be used for reimbursements to receivers for whom the county treasurer has received a certification of reimbursement due from the circuit court under Section 11-31-2 of the Illinois Municipal Code. 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 1769 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 1825 A bill for AN ACT to amend the Illinois Natural Areas Preservation Act by changing Section 11. 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. 1825. Senate Amendment No. 2 to HOUSE BILL NO. 1825. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1825 as follows: on page 1, line 25, by replacing "before 1990" with "during 1984". AMENDMENT NO. 2. Amend House Bill 1825 by replacing the title with the following: "AN ACT to amend the Illinois Endangered Species Protection Act."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Endangered Species Protection Act is amended by adding Section 5.5 and changing Section 11 as follows: (520 ILCS 10/5.5 new) Sec. 5.5. Incidental taking. (a) The Department may authorize, under prescribed terms and conditions, any taking otherwise prohibited by Section 3 if that taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. No taking under this Section shall be authorized by the Department unless the applicant submits to the Department a conservation plan.
4768 JOURNAL OF THE [May 14, 1999] (b) The conservation plan shall include but not be limited to the following: (1) a description of the impact that the proposed taking is likely to have on one or more species on the Illinois list; (2) the steps the applicant or other parties will take to minimize and mitigate that impact and the funding that will be available to implement those steps, including but not limited to bonds, insurance, or escrow; (3) what alternative actions to the taking the applicant considered and the reasons why those alternatives will not be used; (4) data and information to assure that the proposed taking will not reduce the likelihood of the survival or recovery of the endangered species or threatened species in the wild within the State of Illinois, the biotic community of which the species is a part, or the habitat essential to the species' existence in Illinois; (5) an implementing agreement that specifically names, and describes the obligations and responsibilities of, all the parties that will be involved in the taking as authorized by the permit; and (6) any other measures that the Department may require as being necessary or appropriate for purposes of the plan. (c) After reviewing the application for incidental taking and the conservation plan, the Department may authorize the incidental taking if the Department finds, in a written decision explaining its conclusions, that the taking will meet all of the following requirements: (1) the taking will not be the purpose of, but will be only incidental to, the carrying out of an otherwise lawful activity; (2) the parties to the conservation plan will, to the maximum extent practicable, minimize and mitigate the impact caused by the taking; (3) the parties to the conservation plan will ensure that adequate funding for the conservation plan will be provided; (4) based on the best available scientific data, the Department has determined that the taking will not reduce the likelihood of the survival or recovery of the endangered species or threatened species in the wild within the State of Illinois, the biotic community of which the species is a part, or the habitat essential to the species' existence in Illinois; (5) any measures required under paragraph (6) of subsection (b) of this Section will be performed; and (6) the public has received notice of the application and has had the opportunity to comment before the Department made any decision regarding the application. (d) The Department may require that a party to the conservation plan make additional assurances that the requirements under items (b)(1) through (b)(6) of this Section will be met before authorizing incidental taking. (e) The Department shall impose on the authorization for incidental taking any terms or conditions that the Department finds necessary to ensure that the requirements under items (b)(1) through (b)(6) of this Section will be met. These terms or conditions may include but are not limited to reporting or monitoring requirements. (f) If an applicant is party to a Habitat Conservation Plan approved by the U.S. Fish and Wildlife Service pursuant to Section 10 of the Endangered Species Act of 1973, P.L. 93-205, and amendments thereto, the Department may authorize taking that is incidental to the carrying out of an otherwise lawful activity. Authorization shall be issued only if the provisions of the Habitat Conservation
HOUSE OF REPRESENTATIVES 4769 Plan are found to meet the requirements set forth in subsection (c) of this Section. (g) If an applicant has been authorized to take an endangered or threatened species under the terms of a biological opinion issued by the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act of 1973, P.L. 93-205, and amendments thereto or regulations implementing Section 7 (50 CFR Part 402), the Department may authorize taking that is incidental to the carrying out of an otherwise lawful activity. Authorization shall be issued only if the Department finds that the taking will not reduce the likelihood of the survival or recovery of the endangered species or threatened species in the wild within the State of Illinois, the biotic community of which the species is a part, or the habitat essential to the species' existence in Illinois. (520 ILCS 10/11) (from Ch. 8, par. 341) Sec. 11. Conservation program; public policy; rules. (a) The Department, with the advice of the Board, shall actively plan and implement a program for the conservation of endangered and threatened species, by means which should include published data search, research, management, cooperative agreements with other agencies, identification, protection and acquisition of essential habitat, support of beneficial legislation, issuance of grants from appropriated funds, and education of the public. (b) It is the public policy of all agencies of State and local governments to utilize their authorities in furtherance of the purposes of this Act by evaluating through a consultation process with the Department whether actions authorized, funded, or carried out by them are likely to jeopardize the continued existence of Illinois listed endangered and threatened species or are likely to result in the destruction or adverse modification of the designated essential habitat of such species, which policy shall be enforceable only by writ of mandamus; and where a State or local agency does so consult in furtherance of this public policy, such State or local agency shall be deemed to have complied with its obligations under the "Illinois Endangered Species Act", provided the agency action shall not result in the killing or injuring of any Illinois listed animal species, or provided that authorization for taking a listed species has been issued under Section 4, 5, or 5.5 of this Act. This paragraph (b) shall not apply to any project of a State agency on which a biological opinion has been issued (in accordance with Section 7 of the Federal Endangered Species Act) prior to the effective date of this amendatory Act of 1985 stating that the action proposed by said project will not jeopardize the continued existence of any federal listed endangered or threatened species. (c) The Department shall have the authority to adopt such rules as are reasonable and necessary to implement the provisions of this Act. (Source: P.A. 84-1065.)". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 1825 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:
4770 JOURNAL OF THE [May 14, 1999] HOUSE BILL 2005 A bill for AN ACT to amend the Illinois Municipal Code by changing Section 11-31-1. 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. 2005. Senate Amendment No. 3 to HOUSE BILL NO. 2005. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2005 by replacing the title with the following: "AN ACT in relation to municipal officers, amending named Acts."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Municipal Code is amended by changing Section 3.1-10-5 as follows: (65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5) Sec. 3.1-10-5. Qualifications; elective office. (a) A person is not eligible for an elective municipal office unless that person is a qualified elector of the municipality and has resided in the municipality at least one year next preceding the election. (b) A person is not eligible for an elective municipal office if that person is in arrears in the payment of a tax or other indebtedness due to the municipality or has been convicted in any court located in the United States of any infamous crime, bribery, perjury, or other felony. (c) A person is not eligible for the office of alderman of a ward or trustee of a district unless that person has resided in the municipality, as the case may be, at least one year next preceding the election or appointment, except as provided in subsection (b) of Section 3.1-25-75. (d) In municipalities with a population of more than 500,000, a person is not eligible for the office of alderman of a ward unless that person resides in the ward from which he or she is elected. (Source: P.A. 87-1119.) Section 10. The Revised Cities and Villages Act of 1941 is amended by changing Sections 21-5, 21-12, and 21-22 as follows: (65 ILCS 20/21-5) (from Ch. 24, par. 21-5) Sec. 21-5. Mayor; Term of office. (a) The mayor of the city of Chicago shall be elected in 1943 and quadrennially thereafter in a nonpartisan election. The candidate receiving a majority of the votes cast for mayor at the consolidated primary election shall be declared mayor. If no candidate receives a majority of the votes, a runoff election shall be held at the consolidated election, when only the names of the candidates receiving the highest and second highest number of votes at the consolidated primary election shall appear on the ballot. If more than one candidate received the highest or second highest number of votes at the consolidated primary election, the names of all candidates receiving the highest and second highest number of votes
HOUSE OF REPRESENTATIVES 4771 shall appear on the ballot at the consolidated election. The candidate receiving the highest number of votes at the consolidated election shall be declared elected. (b) The mayor shall hold his or her office for 4 four years beginning at noon on the first Monday in May of the month following his or her election, and until his or her successor is elected and qualified. (Source: P.A. 89-95, eff. 1-1-96.) (65 ILCS 20/21-12) (from Ch. 24, par. 21-12) Sec. 21-12. City clerk and city treasurer; Election; Tenure. At the time of election of the mayor there shall be elected also a city clerk and a city treasurer. The candidates receiving a majority of the votes cast for clerk and treasurer at the consolidated primary election shall be declared the clerk and treasurer. If no candidate receives a majority of the votes for one of the offices, a runoff election shall be held at the consolidated election, when only the names of the candidates receiving the highest and second highest number of votes for that office at the consolidated primary election shall appear on the ballot. If more than one candidate received the highest or second highest number of votes for one of the offices at the consolidated primary election, the names of all candidates receiving the highest and second highest number of votes for that office shall appear on the ballot at the consolidated election. The candidate receiving the highest number of votes at the consolidated election shall be declared elected. The clerk and treasurer each shall hold office for a term of 4 years beginning at noon on the first Monday in May of the month following the election and until a successor is elected and qualified. No person, however, shall be elected to the office of city treasurer for 2 terms in succession. (Source: P.A. 89-95, eff. 1-1-96.) (65 ILCS 20/21-22) (from Ch. 24, par. 21-22) Sec. 21-22. General election for aldermen; vacancies. (a) A general election for aldermen shall be held in the year 1943 and every 4 years thereafter, at which one alderman shall be elected from each of the 50 wards provided for by this Article. The aldermen elected shall serve for a term of 4 years beginning at noon on the first Monday in May of the month following the election of city officers, and until their successors are elected and have qualified. All elections for aldermen shall be in accordance with the provisions of law in force and operative in the City of Chicago for such elections at the time the elections are held. (b) Vacancies occurring in the office of alderman shall be filled in the manner prescribed for filling vacancies in Section 3.1-10-50 of the Illinois Municipal Code. An appointment to fill a vacancy shall be made within 60 days after the vacancy occurs. The requirement that an appointment be made within 60 days is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of the power of a home rule municipality to require that an appointment be made within a different period after the vacancy occurs. (Source: P.A. 87-1052; 87-1119; 88-45.)". AMENDMENT NO. 3. Amend House Bill 2005, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 2, line 8, by replacing "elected." with the following: "elected, except that in an election following a redistricting, whether the redistricting is under the Revised Cities and Villages Act of 1941 or pursuant to court order, a person may be eligible for the office of alderman of any ward that contains a part of the ward
4772 JOURNAL OF THE [May 14, 1999] in which he or she resided at the time of the redistricting. A person who, following redistricting, is elected to the office of alderman of a ward in which he or she does not reside must reside within the ward no later than 12 months following the election, or the alderman will be considered to have removed his or her residence from the ward.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 3 to HOUSE BILL 2005 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 2008 A bill for AN ACT creating the 25th Avenue Railroad Relocation and Redevelopment Authority. 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. 2008. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2008 as follows: on page 1, line 31, by deleting "This area is"; and on page 1, by deleting line 32; and on page 2, by deleting line 1; and on page 2, by replacing line 2 with "The presence of the"; and on page 2, by replacing lines 31 and 32 with the following: "Section 15. Acquisition of property. The Authority shall have the power to acquire by gift, purchase, or legacy the fee simple title to real property located within the boundaries of the Authority, including temporary and permanent easements, as well as reversionary interests in the streets, alleys and other public places and personal property, required for its purposes, and title thereto shall be taken in the corporate name of the Authority. Any such property which is already devoted to a public use may nevertheless be acquired, provided that no property belonging to the United States of America or the State of Illinois may be acquired without the consent of such governmental unit. No property devoted to a public use belonging to a corporation subject to the jurisdiction of the Illinois Commerce Commission may be acquired without a prior finding by the Illinois Commerce Commission that the taking would not result in the imposition of an undue burden on instrastate commerce. All land and appurtenances thereto, acquired or owned by the Authority, are to be deemed acquired or owned for a public use or public purpose. Section 20. Sale or exchange of property. The Authority shall
HOUSE OF REPRESENTATIVES 4773 have the power to sell, transfer, exchange, vacate or assign property acquired for the purposes of this Act as it shall deem appropriate. Section 25. Acceptance of grants, loans, and appropriations. The Authority shall have the power to apply for and accept grants, loans, advances and appropriations from the Federal Government and from the State of Illinois or any agency or instrumentality thereof to be used for the purposes of the Authority, and to enter into any agreement in relation to such grants, loans, advances and appropriations. The Authority may also accept from the State, any State agency, department or commission, any county or other political subdivision, any municipal corporation, any railroads, school authorities, or jointly therefrom, grants of funds or services for any of the purposes of this Act. The Authority shall be treated as a rail carrier subject to the Illinois Commerce Commission's jurisdiction and eligible to receive money from the Grade Crossing Protection Fund or any fund of the State or other source available for purposes of promoting safety and separation of at-grade railroad crossings or highway improvements. Section 30. Borrowing money and issuance of bonds. The Authority may incur debt and borrow money from time to time and, in evidence thereof, may issue and sell bonds in such amount or amounts as the Authority may determine, to provide funds for carrying out the purposes of this Act, and to pay all costs and expenses incident thereto, and to refund and refinance, from time to time, bonds so issued and sold, as often as may be deemed to be advantageous by the Authority. Section 35. Taxing powers. The Authority shall not have the power to levy real property taxes for any purpose whatsoever."; and on page 3, by deleting lines 1 through 5; and on page 3, line 6, by replacing "20" with "40"; and on page 3, line 15, by replacing "25" with "45"; and on page 4, below line 4, by inserting the following: "Section 50. Removal of members. The Governor may remove from office any Authority member immediately in case of incompetency, neglect of duty or malfeasance of office or otherwise upon 15 days written notice to the other members. Absence from any 3 consecutive regular meetings of the Authority shall be deemed neglect of duty. Section 55. Organization; chair and temporary Secretary. As soon as possible after the appointment of the initial members, the Authority shall organize for the transaction of business, select a Chair and a temporary Secretary from its own number, and adopt bylaws to govern its proceedings. The initial Chair and successors shall be elected by the Authority from time to time from among members. The Authority may act through its members by entering into an agreement that a member act on the Authority's behalf, in which instance the act or performance directed shall be deemed to be exclusively of, for, and by the Authority and not the individual act of the member or its represented person. Section 60. Meetings; quorum; resolutions. Regular meetings of the Authority shall be held at least quarterly, the time and place of those meetings to be fixed by the Authority. Special meetings may be called by the Chair or by any 3 members of the Authority by giving notice thereof in writing, stating the time, place, and purpose of the meeting. The notice shall be served by special delivery letter deposited in the mails at least 48 hours before the meeting. A majority of the members of the Authority shall constitute a quorum for the transaction of business. All action of the Authority shall be by resolution and, except as otherwise provided in this Act, the affirmative vote of at least a majority shall be necessary for the adoption of any resolution. The Chair shall be entitled to vote on any and all matters coming before the Authority.
4774 JOURNAL OF THE [May 14, 1999] Section 65. Secretary and Treasurer; oaths; bond of Treasurer. The Authority may appoint a Secretary and a Treasurer, who need not be members of the Authority, to hold office during the pleasure of the Authority, and fix their duties and compensation. Before entering upon the duties of their respective offices, they shall take and subscribe to the constitutional oath of office, and the Treasurer shall execute a bond with corporate sureties to be approved by the Authority. The bond shall be payable to the Authority in whatever penal sum may be directed by the Authority conditioned upon the faithful performance of the duties of the office and the payment of all money received by the Treasurer according to law and the orders of the Authority. The Authority may, at any time, require a new bond for the Treasurer in such penal sum as may then be determined by the Authority. Section 70. Deposit and withdrawal of funds; signatures. All funds deposited by the Treasurer in any bank or savings and loan association shall be placed in the name of the Authority and shall be withdrawn or paid out only by check or draft upon the bank or savings and loan association, signed by the Treasurer and countersigned by the Chair of the Authority. Subject to prior approval of the designations by a majority of the Authority, the Chair may designate any other member or any officer of the Authority to affix the signature of the Treasurer to any Authority check or draft for payment of salaries or wages and for payment of any other obligation of not more than $2,500. No bank or savings and loan association shall receive public funds as permitted by this Section unless it has complied with the requirements established under Section 6 of the Public Funds Investment Act. Section 75. Delivery of check after executing officer ceases to hold office. If any officer whose signature appears upon any check or draft issued pursuant to this Act ceases to hold office before the delivery of the check or draft to the payee, the officer's signature nevertheless shall be valid and sufficient for all purposes with the same effect as if the officer had remained in office until delivery of the check or draft. Section 80. Rules. The Authority may make all rules and regulations proper or necessary and to carry into effect the powers granted to it. The rules and regulations shall be consistent with the guidelines, objectives, and project scope as set out by the Illinois Commerce Commission. Section 85. Fiscal year. The Authority shall designate its fiscal year. Section 90. Reports and financial statements. Within 60 days after the end of its fiscal year, the Authority shall cause to be prepared by a certified public accountant a complete and detailed report and financial statement of the operations and assets and liabilities as relate to the 25th Avenue railroad grade separation project. A reasonably sufficient number of copies of the report shall be prepared for distribution to persons interested, upon request, and a copy of the report shall be filed with the Illinois Commerce Commission and with the county clerk of Cook County. Section 95. Construction. Nothing in this Act shall be construed to confer upon the Authority the right, power, or duty to order or enforce the abandonment of any present property of the railroads or the use in substitution therefor of any property acquired for the railroads in the absence of a contract duly executed by the railroads and the Authority setting forth the terms and conditions upon which relocation of the right of way and physical facilities of the railroads is to be accomplished. No such contract shall be or become enforceable until the provisions of the contract
HOUSE OF REPRESENTATIVES 4775 have been approved or authorized by the Illinois Commerce Commission. Section 100. Existing contracts, obligations, and liabilities. No contract, obligation, or liability whatever of the railroads to pay any money into the State treasury, nor any lien of the State upon or right to tax property of the railroads, shall be released, suspended, modified, altered, remitted, or in any manner diminished or impaired by the contract with the Authority, and any such charter provisions applicable to the property on which the railroads are now located shall be deemed in full force and effect with respect to any property on which the railroads are relocated in substitution therefor pursuant to the provisions of this Act or any such contract with the Authority pursuant thereto. Notwithstanding, upon order of the Illinois Commerce Commission, the Authority shall succeed to and assume the performance and actions of the represented persons under the terms of the order and amending orders previously entered relative to the 25th Avenue railroad grade separation project and consistent with the objectives of the Authority. Section 105. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes."; and on page 4, line 5, by replacing "99" with "999". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2008 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 2103 A bill for AN ACT in relation to certain notifications to public housing agencies. 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. 2103. Senate Amendment No. 2 to HOUSE BILL NO. 2103. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2103 on page 1, by inserting between lines 4 and 5 the following: "Section 2. The Housing Authorities Act is amended by adding Section 8.23 as follows: (310 ILCS 10/8.23 new) Sec. 8.23. Notification to leaseholders of the prospective presence of felons and adjudicated delinquents in housing authority facilities; eviction. (a) Immediately upon the receipt of the written notification,
4776 JOURNAL OF THE [May 14, 1999] from the Department of Corrections under subsection (c) of Section 3-14-1 of the Unified Code of Corrections, that a felon or a person adjudicated delinquent for an offense that if committed by an adult would be a felony intends to reside, upon release from custody, at an address that is a housing facility owned, managed, operated, or leased by the Authority, the Authority must provide written notification to the leaseholder residing at that address. (b) The Authority may not evict the leaseholder described in subsection (a) of this Section unless the Authority proves by a preponderance of the evidence that the leaseholder had knowledge of and consents to the felon's or adjudicated delinquent's intent to reside at the leaseholder's address.". AMENDMENT NO. 2. Amend House Bill 2103 on page 1, by inserting between lines 4 and 5 the following: "Section 2. The Housing Authorities Act is amended by adding Section 8.23 as follows: (310 ILCS 10/8.23 new) Sec. 8.23. Notification to leaseholders of the prospective presence of felons in housing authority facilities; eviction. (a) Immediately upon the receipt of the written notification, from the Department of Corrections under subsection (c) of Section 3-14-1 of the Unified Code of Corrections, that a felon intends to reside, upon release from custody, at an address that is a housing facility owned, managed, operated, or leased by the Authority, the Authority must provide written notification to the leaseholder residing at that address. (b) The Authority may not evict the leaseholder described in subsection (a) of this Section unless the Authority proves by a preponderance of the evidence that the leaseholder had knowledge of and consents to the felon's intent to reside at the leaseholder's address."; and on page 2, by replacing lines 10 through 12 with the following: "offense. If a person". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 2103 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 2163 A bill for AN ACT concerning international tourism. 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. 2163. Senate Amendment No. 2 to HOUSE BILL NO. 2163.
HOUSE OF REPRESENTATIVES 4777 Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2163 by replacing everything after the enacting clause with the following: "Section 5. The Civil Administrative Code of Illinois is amended by adding Section 46.6d as follows: (20 ILCS 605/46.6d new) Sec. 46.6d. Joint International Tourism Program.". AMENDMENT NO. 2. Amend House Bill 2163, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 1, by replacing line 7 with the following: "Sec. 46.6d. International Tourism Program. (a) The Department of Commerce and Community Affairs must establish a grant program for international tourism. The Department shall develop and implement the program on January 1, 2000 by rule. As part of the program, the Department shall assist the City of Chicago's Office of Tourism and other convention and tourism bureaus in Chicago in the formation of the Illinois Partnership for International Meetings and Tourism under the General Not For Profit Corporation Act of 1986. The Partnership's Board of Directors shall consist of the Director of Commerce and Community Affairs or his or her designee, the chief executive of the City of Chicago's Office of Tourism, and 3 members appointed by the Director of Commerce and Community Affairs. One of the Director's appointees shall be a person with leadership experience at a convention and tourism bureau in Chicago certified by the Department, and 2 of the Director's appointees shall be persons with leadership experience at convention and tourism bureaus in the State outside the City of Chicago certified by the Department with active international tourism marketing programs. The powers and duties of the Partnership shall be to (i) work with the Department for efficient use of their international tourism marketing resources, (ii) promote Illinois in international meetings and tourism markets, (iii) work with convention and tourism bureaus throughout the State to increase the number of international tourists to Illinois, and (iv) provide training, technical support, and grants to convention and tourism bureaus in cities other than Chicago. (b) The Department shall make the grants from money in the International Tourism Fund, a special fund created in the State Treasury. Of the amounts deposited into the Fund in fiscal year 2000 after January 1, 2000, 55% shall be used for grants to convention and tourism bureaus in Chicago (other than the City of Chicago's Office of Tourism) and 45% shall be used for grants to the Illinois Partnership for International Meetings and Tourism. Of the amounts deposited into the Fund in fiscal year 2001 and thereafter, 27.5% shall be used for grants to the City of Chicago's Office of Tourism, 27.5% shall be used for grants to other convention and tourism bureaus in Chicago, and 45% shall be used for grants to the Illinois Partnership for International Meetings and Tourism. Of the amounts granted to the Partnership, not less than $1,000,000 shall be used annually to make grants to convention and tourism bureaus in cities other than Chicago that demonstrate their international tourism appeal and request to develop or expand their international tourism marketing program. (c) A convention and tourism bureau is eligible to receive grant moneys under this Section if the bureau (i) is a unit of local
4778 JOURNAL OF THE [May 14, 1999] government or is an entity established under the General Not For Profit Corporation Act of 1986, (ii) is affiliated with at least one municipality or county, (iii) employs at least one full-time staff person, and (iv) is certified by the Department as the designated recipient to serve an area of the State. The City of Chicago's Office of Tourism and all convention and tourism bureaus must provide matching funds equal to the grant to be eligible to receive the grant. Grants received by the City of Chicago's Office of Tourism and by convention and tourism bureaus in Chicago may be expended for the general purposes of promoting conventions and tourism. Section 10. The State Finance Act is amended by adding Section 5.490 as follows: (30 ILCS 105/5.490 new) Sec. 5.490. The International Tourism Fund. Section 15. The Hotel Operators' Occupation Tax Act is amended by changing Section 6 as follows: (35 ILCS 145/6) (from Ch. 120, par. 481b.36) Sec. 6. Except as provided hereinafter in this Section, on or before the last day of each calendar month, every person engaged in the business of renting, leasing or letting rooms in a hotel in this State during the preceding calendar month shall file a return with the Department, stating: 1. The name of the operator; 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 renting, leasing or letting rooms in a hotel in this State; 3. Total amount of rental receipts received by him during the preceding calendar month from renting, leasing or letting rooms during such preceding calendar month; 4. Total amount of rental receipts received by him during the preceding calendar month from renting, leasing or letting rooms to permanent residents during such preceding calendar month; 5. Total amount of other exclusions from gross rental receipts allowed by this Act; 6. Gross rental receipts which were received by him during the preceding calendar month and upon the basis of which the tax is imposed; 7. The amount of tax due; 8. Such other reasonable information as the Department may require. If the operator'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 30 of such year; with the return for April, May and June of a given year being due by July 31 of such year; with the return for July, August and September of a given year being due by October 31 of such year, and with the return for October, November and December of a given year being due by January 31 of the following year. If the operator'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 31 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 an operator may file his return, in the case of any operator who ceases to engage in a kind of business which makes him
HOUSE OF REPRESENTATIVES 4779 responsible for filing returns under this Act, such operator shall file a final return under this Act with the Department not more than 1 month after discontinuing such business. Where the same person has more than 1 business registered with the Department under separate registrations under this Act, such person shall 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 his return, the operator shall determine the value of any consideration other than money received by him in connection with the renting, leasing or letting of rooms in the course of his business and he shall include such value in his return. Such determination shall be subject to review and revision by the Department in the manner hereinafter provided for the correction of returns. Where the operator 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. The person filing the return herein provided for shall, at the time of filing such return, pay to the Department the amount of tax herein imposed. The operator 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% or $25 per calendar year, whichever is greater, which is allowed to reimburse the operator for the expenses incurred in keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. There shall be deposited in the Build Illinois Fund in the State Treasury for each State fiscal year 40% of the amount of total net proceeds from the tax imposed by subsection (a) of Section 3. Of the remaining 60%, $5,000,000 shall be deposited in the Illinois Sports Facilities Fund and credited to the Subsidy Account each fiscal year by making monthly deposits in the amount of 1/8 of $5,000,000 plus cumulative deficiencies in such deposits for prior months, and an additional $8,000,000 shall be deposited in the Illinois Sports Facilities Fund and credited to the Advance Account each fiscal year by making monthly deposits in the amount of 1/8 of $8,000,000 plus any cumulative deficiencies in such deposits for prior months. (The deposits of the additional $8,000,000 during each fiscal year shall be treated as advances of funds to the Illinois Sports Facilities Authority for its corporate purposes to the extent paid to the Authority or its trustee and shall be repaid into the General Revenue Fund in the State Treasury by the State Treasurer on behalf of the Authority solely from collections of the tax imposed by the Authority pursuant to Section 19 of the Illinois Sports Facilities Act, as amended.) Of the remaining 60% of the amount of total net proceeds from the tax imposed by subsection (a) of Section 3 after all required deposits in the Illinois Sports Facilities Fund, the amount equal to 8% of the net revenue realized from the Hotel Operators' Occupation Tax Act plus an amount equal to 8% of the net revenue realized from any tax imposed under Section 4.05 of the Chicago World's Fair-1992 Authority during the preceding month shall be deposited in the Local Tourism Fund each month for purposes authorized by Section 46.6a of the Civil Administrative Code of Illinois in the Local Tourism Fund, and beginning August 1, 1999 the amount equal to 6% of the net revenue realized from the Hotel Operators' Occupation Tax Act during the preceding month shall be deposited into the International Tourism Fund for the purposes authorized in Section 46.6d of the Civil Administrative Code of Illinois. "Net revenue realized for a month" means the revenue collected by the State under that Act during the
4780 JOURNAL OF THE [May 14, 1999] previous month less the amount paid out during that same month as refunds to taxpayers for overpayment of liability under that Act. After making all these deposits, all other proceeds of the tax imposed under subsection (a) of Section 3 shall be deposited in the General Revenue Fund in the State Treasury. All moneys received by the Department from the additional tax imposed under subsection (b) of Section 3 shall be deposited into the Build Illinois Fund in the State Treasury. 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 operator's last State income tax return. If the total receipts of the business as reported in the State income tax return do not agree with the gross receipts reported to the Department for the same period, the operator shall attach to his annual information return a schedule showing a reconciliation of the 2 amounts and the reasons for the difference. The operator's annual information return to the Department shall also disclose pay roll information of the operator's business during the year covered by such return and any additional reasonable information which the Department deems would be helpful in determining the accuracy of the monthly, quarterly or annual tax returns by such operator as hereinbefore 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 for a penalty in an amount determined in accordance with Section 3-4 of the Uniform Penalty and Interest Act 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. 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 foregoing portion of this Section concerning the filing of an annual information return shall not apply to an operator who is not required to file an income tax return with the United States Government. (Source: P.A. 90-26, eff. 7-1-97.) 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 2163 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 2320 A bill for AN ACT to amend the Southwestern Illinois Development
HOUSE OF REPRESENTATIVES 4781 Authority Act by changing Section 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. 4 to HOUSE BILL NO. 2320. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 4. Amend House Bill 2320 as follows: on page 1, by replacing lines 1 and 2 with the following: "AN ACT concerning enterprise zones."; and on page 1, below line 4, by inserting 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 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. The Whiteside County/Carroll County Enterprise Zone, however, solely with respect to industrial purposes and uses, 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
4782 JOURNAL OF THE [May 14, 1999] 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 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.)"; and on page 2, below line 10, by inserting the following: "Section 10. The Public Utilities Act is amended by changing Section 9-222.1 as follows: (220 ILCS 5/9-222.1) (from Ch. 111 2/3, par. 9-222.1) Sec. 9-222.1. A business enterprise which is located within an area designated by a county or municipality as an enterprise zone pursuant to the Illinois Enterprise Zone Act or located in a federally designated Foreign Trade Zone or Sub-Zone shall be exempt from the additional charges added to the business enterprise's utility bills as a pass-on of municipal and State utility taxes under Sections 9-221 and 9-222 of this Act, to the extent such charges are exempted by ordinance adopted in accordance with paragraph (e) of Section 8-11-2 of the Illinois Municipal Code in the case of municipal utility taxes, and to the extent such charges are exempted by the percentage specified by the Department of Commerce and Community Affairs in the case of State utility taxes, provided such business enterprise meets the following criteria: (1) it either (i) makes investments which cause the creation of a minimum of 200 full-time equivalent jobs in Illinois; (ii) makes investments of at least $175,000,000 which cause the creation of a minimum of 150 full-time equivalent jobs in Illinois; or (iii) makes investments which cause the retention of a minimum of 1,000 full-time jobs in Illinois; and (2) it is either (i) located in an Enterprise Zone established pursuant to the Illinois Enterprise Zone Act or (ii)
HOUSE OF REPRESENTATIVES 4783 it is located in a federally designated Foreign Trade Zone or Sub-Zone and is designated a High Impact Business by the Department of Commerce and Community Affairs; and (3) it is certified by the Department of Commerce and Community Affairs as complying with the requirements specified in clauses (1) and (2) of this Section. The Department of Commerce and Community Affairs shall determine the period during which such exemption from the charges imposed under Section 9-222 is in effect which shall not exceed 20 years, except in the case of the Whiteside County/Carroll County Enterprise Zone, where, solely with respect to industrial purposes and uses, the exemption period shall not exceed 30 years, and shall specify the percentage of the exemption from State utility taxes. The Department of Commerce and Community Affairs shall have the power to promulgate rules and regulations to carry out the provisions of this Section including procedures for complying with the requirements specified in clauses (1) and (2) of this Section and procedures for applying for the exemptions authorized under this Section; to define the amounts and types of eligible investments which business enterprises must make in order to receive State utility tax exemptions pursuant to Sections 9-222 and 9-222.1 of this Act; to approve such utility tax exemptions for business enterprises whose investments are not yet placed in service; and to require that business enterprises granted tax exemptions repay the exempted tax should the business enterprise fail to comply with the terms and conditions of the certification. However, no business enterprise shall be required, as a condition for certification under clause (3) of this Section, to attest that its decision to invest under clause (1) of this Section and to locate under clause (2) of this Section is predicated upon the availability of the exemptions authorized by this Section. A business enterprise shall be exempt, in whole or in part, from the pass-on charges of municipal utility taxes imposed under Section 9-221, only if it meets the criteria specified in clauses (1) through (3) of this Section and the municipality has adopted an ordinance authorizing the exemption under paragraph (e) of Section 8-11-2 of the Illinois Municipal Code. Upon certification of the business enterprises by the Department of Commerce and Community Affairs, the Department of Commerce and Community Affairs shall notify the Department of Revenue of such certification. The Department of Revenue shall notify the public utilities of the exemption status of business enterprises from the pass-on charges of State and municipal utility taxes. Such exemption status shall be effective within 3 months after certification of the business enterprise. (Source: P.A. 90-16, eff. 6-16-97.)". The foregoing message from the Senate reporting Senate Amendment No. 4 to HOUSE BILL 2320 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 2355 A bill for AN ACT to amend the Illinois Vehicle Code by changing
4784 JOURNAL OF THE [May 14, 1999] Section 15-301 and adding Section 15-308.2. 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. 2355. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2355, on page 9, after line 33 by inserting the following: "(13) the movement shall be valid only on state routes approved by the Department." The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2355 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 2527 A bill for AN ACT making appropriations. 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. 2527. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2527, by replacing the title with the following: "AN ACT regarding appropriations."; and by replacing everything after the enacting clause with the following: "ARTICLE 1 Section 1. "AN ACT making appropriations," Public Act 90-0585, approved June 4, 1998, is amended by changing Section 5 of Article 2 as follows: (P.A. 90-0585, Art. 2, Sec. 5) Sec. 5. The following named sums, or so much thereof as may be necessary, respectively, are appropriated to the Supreme Court to pay the ordinary and contingent expenses of certain officers of the court system of Illinois as follows:
HOUSE OF REPRESENTATIVES 4785 For Personal Services Judges' Salaries ...................... $106,987,700 $105,287,700 For Travel: Judges of the Supreme Court.................. 24,300 Judges of the Appellate Court................ 110,400 Judges of the Circuit Court.................. 630,700 Judicial Conference and Supreme Court Committees..................... 338,600 For State Contributions to Social Security............. 1,544,500 1,519,900 Total, this Section $109,636,200 $107,911,600 Section 2. "AN ACT making appropriations," Public Act 90-0585, approved June 4, 1998, is amended by changing Section 5 of Article 3 as follows: (P.A. 90-0585, Art. 3, Sec. 5) Sec. 5. The following amounts, or so much thereof as may be necessary, respectively, are appropriated for the objects and purposes named, to meet the ordinary and contingent expenses of the Judicial Inquiry Board: For Personal Services ............ $ 290,534 For State Contributions to State Employees' Retirement System .............. 27,891 For Retirement - Pension Pick-Up . 11,621 For State Contributions to Social Security . 22,225 For Contractual Services ......... 124,500 For Travel ....................... 15,900 7,000 For Commodities .................. 2,500 For Printing ..................... 7,300 8,500 For Equipment .................... 2,000 For EDP .......................... 500 10,500 For Telecommunications ........... 9,300 7,000 For Operation of Auto Equipment .. 2,500 For Per Diem for Non-Judge Members at the rate of $100 per day ........... 8,400 Total 525,171 Section 3. "AN ACT making appropriations," Public Act 90-0585, approved June 4, 1998, is amended by changing Sections 3 and 5 of Article 9 as follows: (P.A. 90-0585, Art. 9, Sec. 3) Sec. 3. The amount of $7,100,000 $3,800,000, or so much of that amount as may be necessary, is appropriated to the State Treasurer for the purpose of making refunds of overpayments of estate tax and accrued interest on those overpayments, if any, and payment of certain statutory costs of assessment. (P.A. 90-0585, Art. 9, Sec. 5) Sec. 5. The amount of $23,000,000 $15,000,000, or so much of that amount as may be necessary, is appropriated to the State Treasurer from the Estate Transfer Tax Collection Distributive Fund for the purpose of making payments to counties pursuant to Section 13b of the Illinois Estate and Generation-Skipping Transfer Tax Act. Section 4. "AN ACT making appropriations," Public Act 90-0585, approved June 4, 1998, is amended by changing Section 5 of Article 11 as follows: (P.A. 90-0585, Art. 11, Sec. 5) Sec. 5. The following named amounts, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to meet the ordinary and contingent expenses of the following divisions of the State Comptroller for the Fiscal Year ending June 30,
4786 JOURNAL OF THE [May 14, 1999] 1999: Administration For Personal Services........................... $3,690,900 For Employee Retirement Contributions Paid by the Employer........................... 147,600 For State Contribution to State Employees' Retirement System................... 354,300 For State Contribution to Social Security................................ 282,500 For Contractual Services........................ 1,690,600 For Travel...................................... 56,900 For Commodities................................. 66,700 For Printing.................................... 71,000 For Equipment................................... 11,800 For Telecommunications.......................... 287,300 For Electronic Data Processing.................. 29,500 For Operation of Auto Equipment...................................... 17,700 Total $6,706,800 Statewide Fiscal Operations For Personal Services........................... $3,573,300 For Employee Retirement Contributions Paid by the Employer........................... 142,900 For State Contribution to State Employees' Retirement System................... 343,000 For State Contribution to Social Security................................ 273,400 For Contractual Services........................ 448,800 For Travel...................................... 5,000 For Commodities................................. 43,200 For Printing.................................... 0 For Equipment................................... 1,000 For Electronic Data Processing.................. 2,500 Total $4,833,100 Electronic Data Processing For Personal Services............. $3,723,200 For Employee Retirement Contributions Paid by the Employer............. 148,900 For State Contribution to State Employees' Retirement System..... 357,400 For State Contribution to Social Security.................. 284,800 For Contractual Services.......... 2,463,100 For Travel........................ 4,000 For Commodities................... 209,700 For Printing...................... 401,000 For Equipment..................... 0 For Telecommunications............ 0 For Electronic Data Processing....................... 12,333,044 3,562,300 Total $11,154,400 Special Audits For Personal Services........................... $1,398,900 For Employee Retirement Contributions Paid by the Employer........................... 56,000 For State Contribution to State Employees' Retirement System................... 134,300 For State Contribution to Social Security................................ 107,000 For Contractual Services........................ 35,400 For Travel...................................... 69,500
HOUSE OF REPRESENTATIVES 4787 For Commodities................................. 3,200 For Printing.................................... 0 For Equipment................................... 1,000 For Electronic Data Processing.................. 0 For Expenses of Local Government Officials Training............................. 12,500 For Contractual Services for auditing local governments.............................. 19,500 Total $1,837,300 Merit Commission For Merit Commission Expenses.........................$74,800 Section 5. "AN ACT making appropriations," Public Act 90-0585, approved June 4, 1998, is amended by changing Sections 5 and 10 of Article 12 as follows: (P.A. 90-0585, Art. 12, Sec. 5) Sec. 5. The following amounts, or so much of those amounts as may be necessary, respectively, are appropriated to the State Board of Elections for its ordinary and contingent expenses as follows: The Board For Contractual Services.......... $ 33,638 $ 21,210 For Travel........................ 13,600 For Equipment..................... 500 Total $47,738 $35,310 Administration For Personal Services............. $ 496,702 For Employee Retirement Contributions Paid By Employer................ 19,869 For State Contributions to State Employees' Retirement System............... 47,680 For State Contributions to Social Security................. 37,998 For Contractual Services.......... 332,700 For Travel........................ 11,440 10,000 For Commodities................... 17,214 17,000 For Printing...................... 10,000 For Equipment..................... 1,000 For Telecommunications............ 78,500 Total $1,053,103 $1,051,449 Elections For Personal Services............. $ 1,198,917 For Employee Retirement Contributions Paid By Employer................ 47,957 For State Contributions to State Employees' Retirement System.... 115,090 For State Contributions to Social Security................. 91,718 For Contractual Services.......... 16,825 For Travel........................ 55,638 48,338 For Printing...................... 32,400 For Equipment..................... 3,050 For completion of Phase II of the Census 2000 Redistricting Program pursuant to Public Law 94-171............... 134,000 Total $1,695,595 $1,688,295 General Counsel For Personal Services............. $ 211,127 For Employee Retirement Contributions Paid By Employer................ 8,446 For State Contributions to State Employees' Retirement System.... 20,266
4788 JOURNAL OF THE [May 14, 1999] For State Contributions to Social Security................. 16,152 For Contractual Services.......... 71,735 31,700 For Travel........................ 4,000 For Equipment..................... 100 Total $331,826 $291,791 Campaign Financing For Personal Services............. $ 632,962 For Employee Retirement Contributions Paid By Employer................ 25,319 For State Contributions to State Employees' Retirement System.... 60,768 For State Contributions to Social Security................. 48,422 For Contractual Services.......... 9,760 For Travel........................ 11,507 10,050 For Printing...................... 9,500 For Equipment..................... 6,603 Total $804,841 $803,384 EDP For Personal Services............. $ 201,244 For Employee Retirement Contributions Paid By Employer................ 8,050 For State Contributions to State Employees' Retirement System.... 19,315 For State Contributions to Social Security................. 15,396 For Contractual Services.......... 337,250 317,250 For Travel........................ 9,400 For Commodities................... 15,410 For Printing...................... 2,300 For Equipment..................... 176,095 Total $784,460 $764,460 (P.A. 90-0585, Art. 12, Sec. 10) Sec. 10. The following amounts, or so much of those amounts as may be necessary, respectively, are appropriated to the State Board of Elections for grants to local governments as follows: For Reimbursement to Counties for increased Compensation to Judges and other Election Officials, as provided in Public Acts 81-850 and 81-1149..................... $ 3,244,840 $ 1,297,140 For Payment of Lump Sum Awards to County Clerks and Chief Election Clerks as Compensation for Additional Duties required of such officials by consolidation of elections law, as provided in Public Act 82-691.......................... 470,625 357,000 For Payment to Election Authorities for expenses in supplying voter registration tapes to the State Board of Elections pursuant to Public Act 85-958............... 13,000 Total $3,728,465 $1,667,140 Section 6. "AN ACT making appropriations," Public Act 90-0585, approved June 4, 1998, is amended by changing Sections 5, 25, 30, 35, 50 and 105 of and adding Sections 56 and 57 to Article 13 as follows:
HOUSE OF REPRESENTATIVES 4789 (P.A. 90-0585, Art. 13, Sec. 5) Sec. 5. The following amounts, or so much of those amounts as may be necessary, respectively, for the objects and purposes named, are appropriated from federal funds to meet the ordinary and contingent expenses of the State Board of Education for the fiscal year ending June 30, 1999: From the Federal Department of Labor Fund: For operational costs and grants to implement the School-to-Work Program ......................... $20,000,000 From the Federal Department of Education Fund: For operational expenses for the Illinois Purchased Care Review Board ................. 220,200 For costs associated with the Charter Schools Program ..................................... 2,500,000 For costs associated with the Title I Comprehensive Schools Reform Program ........ 7,000,000 For operational costs and grants to implement the Technology Literacy Program ....................... 17,995,000 17,900,000 For costs associated with the Department of Defense Troops to Teachers Program ....... 100,000 For costs associated with the Christa McAulliffe Fellowship Program ............... 75,000 For costs associated with IDEA Improvement -Part D Program ............................. 2,000,000 For operational costs and grants for the Youth With Disabilities Program ............. 800,000 For costs associated with the Local Initiative in Character Education Program ... 1,000,000 From the State Board of Education Job Training Partnership Act Fund: For operational costs and grants for the Job Training Partnership Act Program ........ 4,595,400 Total, Section 5 $56,190,600 (P.A. 90-0585, Art. 13, Sec. 25) Sec. 25. The following named sums, or so much thereof as may be necessary, respectively are appropriated from the General Revenue Fund to the State Board of Education for Grants-In-Aid: For grants to Local Educational Agencies for Project Jumpstart ......... $1,985,000 For grants associated with the Work-Based Learning Program ... 839,900 For grants associated with the Illinois Administrators Academy . 623,700 For grants associated with Scientific Literacy Programs and the Center on Scientific Literacy ........... 6,328,000 For grants associated with Learning Improvement and Quality Assurance . 5,911,900 For grants associated with the Vocational Education Technical Preparation Program . 4,567,000 For reimbursement to Local Educational Agencies as provided in Section 3-1 of the Adult Education Act .... 8,937,100 7,277,200 For reimbursement to Local Educational Agencies for Adult Education - State Performance under the Adult Education Act . 9,000,000 For the purpose of providing funds to Local Education Agencies for the Illinois
4790 JOURNAL OF THE [May 14, 1999] Governmental Student Internship Program . 129,900 For distribution to eligible recipients to assist in conducting and improving Vocational Education Programs and Services ...................... 46,874,500 For reimbursement to Regional Offices in conducting initial and refresher school bus driver training courses as required under Section 6-106.1 of the Illinois Vehicle Code and Section 3-14.23 of the School Code, such reimbursements to be based upon the number of drivers trained ....................... 50,000 For grants associated with the Substance Abuse and Violence Prevention ........... 840,600 Total, this Section $83,537,100 (P.A. 90-0585, Art. 13, Sec. 30) Sec. 30. The following amounts, or so much of those amounts as may be necessary, respectively, are appropriated from the General Revenue Fund to the State Board of Education for the objects and purposes named: For operational costs to provide services associated with the Regional Office of Education for the City of Chicago ........ $ 870,000 For funding the Illinois Teacher of the Year Program ......................... 150,000 For operational expenses and grants for Regional Offices of Education and Intermediate Service Centers ................ 12,360,000 For independent outside evaluation of select programs operated by the Illinois State Board of Education .................... 200,000 For funding the Statewide Bilingual Assessment Program .......................... 600,000 For operational costs and grants associated with the Career Awareness & Development Initiative .................... 1,117,800 For costs associated with Jobs for Illinois Graduates Program .................. 2,800,000 For costs associated with General Education Development (GED) testing ................... 210,000 For costs associated with Teacher Framework Implementation .................... 400,000 For costs associated with the Initiative for National Board Certification ............ 75,000 For funding of the Regional Offices of Education Technology Plan ................... 500,000 For costs associated with regional and local Optional Education Programs for dropouts, those at risk of dropping out, and Alternative Education Programs for chronic truants ......................... 17,460,000 For costs associated with establishing and conducting the Illinois Partnership Academies ................................... 600,000 For costs associated with funding Vocational Education Staff Development ................. 1,299,800
HOUSE OF REPRESENTATIVES 4791 For administrative costs and technical costs to provide assistance to Local Educational Agencies for Project Jumpstart ........................... 15,000 For administrative costs associated with Learning Standards .......................... 1,286,500 For costs associated with the Minority Transition Program .......................... 300,000 For funding the Golden Apple Scholars Program ............................ 1,704,300 For the development of tests of Basic Skills and subject matter knowledge for individuals seeking certification and for tests of Basic Skills for individuals currently enrolled in education programs .......................... 655,000 For administrative cost associated with the Work-Based Learning Program ................. 160,100 For operational expenses and technical assistance to Local Educational Agencies for the Illinois Goals Assessment Program and Prairie State Exams ............. 10,555,000 For the development of a Consumer Education Proficiency Test .................. 150,000 For funding the Urban Education Partnership Grants .......................... 1,450,000 For administrative costs associated with the Illinois Administrators Academy ............. 234,300 For administrative costs associated with the Scientific Literacy Program and the Center on Scientific Literacy ............... 2,255,000 For administrative costs associated with the Learning Improvement and Quality Assurance ........................... 3,114,600 For administrative costs associated with the Vocational Education Technical Preparation program ............... 433,000 For operational expenses of administering the Early Childhood Block Grant ................ 508,200 For funding the Illinois State Board of Education Technology Program ................ 850,000 For operational costs and reimbursement to a parent or guardian under the Transportation provisions of Section 29.5.2 of the School Code ................... 10,120,000 For operational costs of the Residential Services Authority for Behavior Disorders and Severely Emotionally Disturbed Children and Adolescents .................... 345,000 For funding the Teachers Academy for Math and Science in Chicago ................. 5,500,000 For operational costs associated with administering the Professional Development Block Grant ..................... 327,500 For purposes of providing liability coverage to certificated persons in accordance with Section 2-3.124 of the School Code .......................... 3,000,000 For costs associated with duplication and dissemination of training materials relating to School Bus Safety ..................50,000
4792 JOURNAL OF THE [May 14, 1999] Total, this Section $81,306,100 (P.A. 90-0585, Art. 13, Sec. 35) Sec. 35. The following amounts, or so much of those amounts as may be necessary, are appropriated from the General Revenue Fund to the State Board of Education for the objects and purposes named: For grants associated with the Leadership Development Institute Program ........................... $ 350,000 For distribution to school districts pursuant to the recommendations of the State Board of Education for Hispanic Programs .......... 374,600 For funding the Professional Development Block Grant, pursuant to Section 1C-2 of the School Code .......................... 26,000,000 For funding the Early Childhood Block Grant pursuant to Section 1.C-2 of the School Code ............................. 153,663,600 For grants to school districts for Reading Programs for teacher aides, reading specialists, for reading and library materials and other related programs for students in K-6 grades and other authorized purposes under Section 2-3.51 of the School Code ................................. 83,389,500 For grants to Local Educational Agencies to conduct Agricultural Education Programs .......................... 1,500,000 For grants to local districts for planning district-wide Comprehensive Arts Programs for for students in kindergarten through grade 6 ..................................... 499,700 For distribution to school districts for Pupil Transportation Start-Up Loans ........520,000 Total, this Section $265,387,900 (P.A. 90-0585, Art. 13, Sec. 50) Sec. 50. The amount of $15,352,000 $15,000,000, or so much of that amount as may be necessary, is appropriated from the General Revenue Fund to the State Board of Education for the purpose of granting funds to Regional Offices of Education to operate Alternative Education Programs for disruptive students pursuant to Article 13A of the School Code. (P.A. 90-0585, Art. 13, Sec. 56 new) Sec. 56. The amount of $565,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund for payment to the Temporary Relocation Expenses Revolving Grant Fund for use by the State Board of Education, pursuant to Section 2-3.77 of the School Code. (P.A. 90-0585, Art. 13, Sec. 57 new) Sec. 57. The amount of $565,000, or so much thereof as may be necessary, is appropriated from the Temporary Relocation Expenses Revolving Grant Fund to the State Board of Education pursuant to Section 2-3.77 of the School Code, to be allocated as follows: For Loans .................................. $ 217,000 For Grants ................................. $ 348,000 (P.A. 90-0585, Art. 13, Sec. 105)
HOUSE OF REPRESENTATIVES 4793 Sec. 105. The following amounts, or so much of those amounts as may be necessary, respectively, are appropriated to the State Board of Education for the following objects and purposes: Payable from the Common School Fund: For general apportionment as provided by Section 18-8 of the School Code ............. $2,499,000,000 Payable from the General Revenue Fund: For summer school payments as provided by Section 18-4.3 of the School Code ........... 3,395,600 For supplementary payments to school districts as provided in Section 18-8.2, Section 18-8.3, Section 18-8.5, and Section 18-8A(5)(m) of of the School Code ............ 4,460,000 6,000,000 Total, this Section $2,508,395,600 Section 7. "AN ACT making appropriations," Public Act 90-0585, approved June 4, 1998, is amended by changing Sections 5, 7, 8, 9, 13.2, 17, 21, 22, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 43, 44, and 45 of Article 37 as follows: (P.A. 90-0585, Art. 37, Sec. 5) Sec. 5. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to meet the ordinary and contingent expenses of the Department of Human Services: TINLEY PARK MENTAL HEALTH CENTER For Personal Services .......... $ 17,123,000 $ 17,323,000 For Employee Retirement Contributions Paid by Employer .............. 667,900 675,700 For State Contributions to State Employees' Retirement System .. 1,634,300 1,653,400 For State Contributions to Social Security ...................... 1,196,800 1,210,800 For Contractual Services ....... 978,400 For Travel ..................... 29,900 For Commodities ................ 2,507,500 For Printing ................... 3,400 For Equipment .................. 77,800 For Telecommunications Services . 151,300 For Operation of Auto Equipment . 33,300 For Expenses Related to Living Skills Program ................ 21,400 Total $24,665,900 (P.A. 90-0585, Art. 37, Sec. 7) Sec. 7. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to the Department of Human Services for ordinary and contingent expenses: MANAGEMENT INFORMATION SERVICES Payable from General Revenue Fund: For Personal Services .......... $ 10,800,300 $ 10,300,300 For Employee Retirement Contributions Paid by Employer .............. 426,800 407,000 For State Contributions to State Employees' Retirement System ............. 1,036,800 988,800 For State Contributions to Social Security ............ 794,400 757,600 For Contractual Services ....... 23,783,300 For Travel ..................... 43,900
4794 JOURNAL OF THE [May 14, 1999] For Commodities ................ 800 For Printing ................... 16,700 For Equipment .................. 1,651,800 For Electronic Data Processing . 3,476,900 633,600 For Telecommunications Services . 366,000 For Expenses Related to a New Computer System ........... 7,422,000 Total $46,371,800 Payable from Vocational Rehabilitation Fund: For Personal Services ........................ $ 1,468,800 For Employee Retirement Contributions Paid by Employer ............................ 58,700 For State Contributions to State Employees' Retirement System ................ 141,000 For State Contributions to Social Security .......................... 112,400 For Group Insurance .......................... 180,400 For Contractual Services ..................... 2,235,800 For Travel ................................... 50,000 For Commodities .............................. 60,200 For Printing ................................. 65,800 For Equipment ................................ 1,054,000 For Telecommunications Services .............. 870,700 For Operation of Auto Equipment .............. 2,800 Total $6,300,600 Payable from USDA Women, Infants and Children Fund: For Personal Services ........................ $ 617,600 For Employee Retirement Contributions Paid by Employer ............................ 24,700 For State Contributions to State Employees' Retirement System .......... 59,300 For State Contributions to Social Security .......................... 46,700 For Group Insurance .......................... 76,500 For Contractual Services ..................... 325,000 For Electronic Data Processing ............... 150,000 Total $1,299,800 Payable from Maternal and Child Health Services Block Grant Fund: For Operational Expenses Associated with Support of Maternal and Child Health Programs ...........................$ 200,000 Payable from the Mental Health Fund: For Services Provided Under Contract to Maximize Cost Recovery .......................$ 500,000 (P.A. 90-0585, Art. 37, Sec. 8) Sec. 8. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund for the ordinary and contingent expenditures of the Department of Human Services: JACK MABLEY DEVELOPMENT CENTER For Personal Services .......... $ 5,289,100 $ 5,339,100 For Employee Retirement Contributions Paid by Employer .............. 206,300 208,200 For State Contributions to the State Employees' Retirement System .. 503,100 507,900 For State Contributions to Social Security ............... 357,000 360,400 For Contractual Services ....... 920,900 For Travel ..................... 16,200
HOUSE OF REPRESENTATIVES 4795 For Commodities ................ 381,600 For Printing ................... 3,900 For Equipment .................. 27,900 For Telecommunications Services . 50,200 For Operation of Automotive Equipment . 16,000 Total $7,832,300 (P.A. 90-0585, Art. 37, Sec. 9) Sec. 9. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to meet the ordinary and contingent expenditures of the Department of Human Services: ALTON MENTAL HEALTH CENTER For Personal Services .......... $ 16,278,000 $ 16,378,000 For Employee Retirement Contributions Paid by Employer .............. 634,800 638,700 For State Contributions to the State Employees' Retirement System .. 1,545,400 1,554,900 For State Contributions to Social Security ...................... 1,159,000 1,166,100 For Contractual Services ....... 1,826,600 1,529,100 For Travel ..................... 16,800 For Commodities ................ 536,000 502,200 For Printing ................... 16,100 For Equipment .................. 128,400 For Telecommunications Services . 205,100 136,400 For Operation of Auto Equipment . 64,900 For Expenses Related to Living Skills Program ................ 3,400 Total $22,135,000 (P.A. 90-0585, Art. 37, Sec. 13.2) Sec. 13.2. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to meet the ordinary and contingent expenditures of the Department of Human Services: INSPECTOR GENERAL Payable from General Revenue Fund: For Personal Services .......... $ 2,709,600 $ 2,737,000 For Employee Retirement Contributions Paid by Employer .............. 107,100 108,200 For State Contributions to the State Employees' Retirement System .. 260,200 262,800 For State Contributions to Social Security ...................... 207,300 209,400 For Contractual Services ....... 172,800 For Travel ..................... 168,500 135,300 For Commodities ................ 13,300 For Printing ................... 3,000 For Equipment .................. 60,500 For Telecommunications Services . 59,000 For Operation of Auto Equipment . 100 Total $3,761,400 (P.A. 90-0585, Art. 37, Sec. 17) Sec. 17. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to meet the ordinary and contingent expenditures of the Department of Human Services:
4796 JOURNAL OF THE [May 14, 1999] CLYDE L. CHOATE MENTAL HEALTH AND DEVELOPMENTAL CENTER For Personal Services .......... $ 21,721,000 $ 21,921,000 For Employee Retirement Contributions Paid by Employer .............. 847,100 854,900 For State Contributions to the State Employees' Retirement System .. 2,071,100 2,090,200 For State Contributions to Social Security ...................... 1,574,800 1,589,300 For Contractual Services ....... 1,637,500 1,287,500 For Travel ..................... 36,800 24,800 For Commodities ................ 1,200,100 For Printing ................... 22,500 14,500 For Equipment .................. 113,800 For Telecommunications Services . 154,500 For Operation of Auto Equipment . 49,800 For Expenses Related to Living Skills Program ................ 38,800 Total $29,339,200 (P.A. 90-0585, Art. 37, Sec. 21) Sec. 21. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to meet the ordinary and contingent expenses of the Department of Human Services: CHICAGO-READ MENTAL HEALTH CENTER For Personal Services .......... $ 25,178,500 $ 25,528,500 For Employee Retirement Contributions Paid by Employer .............. 981,900 995,500 For State Contributions to the State Employees' Retirement System .. 2,408,000 2,441,500 For State Contributions to Social Security ............... 1,786,100 1,810,900 For Contractual Services ....... 2,209,300 For Travel ..................... 39,700 For Commodities ................ 740,600 For Printing ................... 15,100 For Equipment .................. 99,700 For Telecommunications Services . 192,200 For Operation of Auto Equipment. 44,300 For Costs Associated with Behavioral Health Services - Chicago-Read Network ....................... 207,900 Total $34,325,200 (P.A. 90-0585, Art. 37, Sec. 22) Sec. 22. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to meet the ordinary and contingent expenditures of the Department of Human Services: PROGRAM ADMINISTRATION - DISABILITIES AND BEHAVIORAL HEALTH Payable from General Revenue Fund: For Personal Services .......... $ 9,955,100 $ 9,755,100 For Employee Retirement Contributions Paid by Employer ................... 395,100 387,200 For State Contributions to State Employees' Retirement System ............. 957,800 938,600 For State Contributions to the Teachers' Retirement System ............. 43,100 For State Contributions to Social Security ............ 743,500 728,600
HOUSE OF REPRESENTATIVES 4797 For Contractual Services ....... 2,461,700 1,811,700 For Travel ..................... 420,300 For Commodities ................ 12,709,300 For Printing ................... 40,600 For Equipment .................. 579,500 For Telecommunications Services . 274,200 For Operation of Auto Equipment . 3,500 For Contractual Services: For Private Hospitals for Recipients of State Facilities . 1,673,900 Total $29,365,600 Payable from the Prevention/Treatment - Alcoholism and Substance Abuse Block Grant Fund: For Personal Services ........................ $ 1,264,200 For Employee Retirement Contributions Paid by Employer ................................. 50,600 For State Contributions to State Employees' Retirement System ........................... 121,400 For State Contributions to Social Security .......................... 96,700 For Group Insurance .......................... 169,400 For Contractual Services ..................... 1,375,300 For Travel ................................... 133,600 For Commodities .............................. 53,800 For Printing ................................. 80,200 For Equipment ................................ 5,300 For Electronic Data Processing ............... 400,000 For Telecommunications Services .............. 117,800 For Operation of Auto Equipment .............. 2,100 For Expenses Associated with the Administration of the Alcohol and Substance Abuse Prevention and Treatment Programs .......................... 128,100 For Deposit into the Group Home Loan Revolving Fund ......................... 100,000 Total $4,098,500 Payable from the Vocational Rehabilitation Fund: For Personal Services ........................ $ 579,600 For Employee Retirement Contributions Paid by Employer ................................. 23,200 For State Contributions to State Employees' Retirement System ........................... 55,600 For State Contributions to Social Security .......................... 44,300 For Group Insurance .......................... 71,400 For Contractual Services ..................... 60,200 For Travel ................................... 15,100 For Commodities .............................. 300 For Equipment ................................ 40,000 For Telecommunications Services .............. 16,900 Total $906,600 Payable from the Drunk and Drugged Driving Prevention Fund: For Personal Services ........................ $ 193,900 For Employee Retirement Contributions Paid by Employer ................................. 7,800 For State Contributions to State Employees' Retirement System ........................... 18,600 For State Contributions to Social Security .......................... 14,800
4798 JOURNAL OF THE [May 14, 1999] For Group Insurance .......................... 27,300 Total $262,400 Payable from the Alcohol and Substance Abuse Fund: For Personal Services ........................ $ 258,100 For Employee Retirement Contributions Paid by Employer ................................. 10,400 For State Contributions to State Employees' Retirement System ........................... 24,800 For State Contributions to Social Security .......................... 19,700 For Group Insurance .......................... 43,700 For Contractual Services ..................... 1,879,400 For Travel ................................... 24,400 For Commodities .............................. 6,400 For Printing ................................. 19,000 For Equipment ................................ 10,500 For Electronic Data Processing ............... 451,300 For Telecommunications Services .............. 5,100 For Expenses Associated with the Administration of the Alcohol and Substance Abuse Prevention and Treatment Programs .......................... 222,200 Total $2,975,000 Payable from the Community Mental Health Services Block Grant Fund: For Personal Services ........................ $ 390,100 For Employee Retirement Contributions Paid by Employer ................................. 15,600 For State Contributions to State Employees' Retirement System ........................... 37,400 For State Contributions to Social Security .......................... 29,600 For Group Insurance .......................... 54,700 For Contractual Services ..................... 20,100 Total $547,500 Payable from the DHS Federal Projects Fund: For Federally Assisted Programs .............. $ 6,507,000 Payable from the Mental Health Fund: For Costs Related to Provision of Support Services Provided to Departmental and Non- Departmental Organizations .................. $ 2,120,000 Payable from the Youth Alcoholism and Substance Abuse Prevention Fund: For Deposit into the Fund Which Receives All Payments Under Section 5-3 of Act for Alcoholic Liquors ........................... $ 150,000 (P.A. 90-0585, Art. 37, Sec. 24) Sec. 24. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund for the ordinary and contingent expenditures of the Department of Human Services: H. DOUGLAS SINGER MENTAL HEALTH AND DEVELOPMENTAL CENTER For Personal Services .......... $ 10,275,300 $ 10,725,300 For Employee Retirement Contributions Paid by Employer .............. 400,700 418,300 For State Contributions to the State Employees' Retirement System .. 972,500 1,015,100 For State Contributions to Social Security ............... 726,500 758,300 For Contractual Services ....... 2,163,200 1,713,200
HOUSE OF REPRESENTATIVES 4799 For Travel ..................... 13,400 For Commodities ................ 380,000 For Printing ................... 12,900 For Equipment .................. 49,200 For Telecommunications Services . 72,400 For Operation of Auto Equipment . 26,200 For Expenses Related to Living Skills Program ................ 3,900 Total $15,188,200 (P.A. 90-0585, Art. 37, Sec. 26) Sec. 26. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the Department of Human Services: ILLINOIS SCHOOL FOR THE DEAF Payable from General Revenue Fund: For Personal Services .......... $ 9,504,600 $ 9,804,600 For Student, Member or Inmate Compensation . 14,000 For Employee Retirement Contributions Paid by Employer .............. 370,700 382,400 For State Contributions to State Employees' Retirement System .. 590,200 608,800 For State Contributions to Social Security ...................... 457,200 471,600 For Contractual Services ....... 1,433,500 1,364,600 For Travel ..................... 17,000 For Commodities ................ 486,000 For Printing ................... 1,000 For Equipment .................. 61,100 For Telecommunications Services . 126,200 For Operation of Auto Equipment . 26,900 For Maintenance/Travel for Aided Persons ....................... 38,600 Total $13,402,800 Payable from Rehabilitation Services Elementary and Secondary Education Act Fund: For Federally Assisted Programs ..................$ 357,000 Payable from Vocational Rehabilitation Fund: For Secondary Transitional Experience Program ......................................... $ 50,000 (P.A. 90-0585, Art. 37, Sec. 27) Sec. 27. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the Department of Human Services: ILLINOIS SCHOOL FOR THE VISUALLY IMPAIRED Payable from General Revenue Fund: For Personal Services .......... $ 5,248,400 $ 5,318,400 For Student, Member or Inmate Compensation . 17,000 For Employee Retirement Contributions Paid by Employer .............. 204,700 207,400 For State Contributions to State Employees' Retirement System .. 376,200 381,200 For State Contributions to Social Security ...................... 290,700 294,600 For Contractual Services ....... 532,700 516,400 For Travel ..................... 15,800 For Commodities ................ 220,500 For Printing ................... 500 For Equipment .................. 52,000 For Telecommunications Services . 59,700 For Operation of Auto Equipment . 13,600
4800 JOURNAL OF THE [May 14, 1999] For Maintenance/Travel for Aided Persons ....................... 18,400 Total $7,115,500 Payable from Rehabilitation Services Elementary and Secondary Education Act Fund: For Federally Assisted Programs ................. $ 248,000 Payable from Vocational Rehabilitation Fund: For Secondary Transitional Experience Program ......................................... $ 42,900 (P.A. 90-0585, Art. 37, Sec. 28) Sec. 28. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to meet the ordinary and contingent expenses of the Department of Human Services: JOHN J. MADDEN MENTAL HEALTH CENTER For Personal Services .......... $ 17,977,500 $ 18,977,500 For Employee Retirement Contributions Paid by Employer .............. 701,100 740,100 For State Contributions to State Employees' Retirement System .. 1,721,300 1,817,000 For State Contributions to Social Security ...................... 1,321,400 1,394,900 For Contractual Services ....... 1,738,900 1,497,800 For Travel ..................... 28,400 For Commodities ................ 502,400 For Printing ................... 19,400 For Equipment .................. 63,200 For Telecommunications Services . 148,100 For Operation of Auto Equipment . 16,600 For Expenses Related to Living Skills Program ................ 19,900 Total $25,225,300 (P.A. 90-0585, Art. 37, Sec. 29) Sec. 29. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to meet the ordinary and contingent expenditures of the Department of Human Services: WARREN G. MURRAY DEVELOPMENTAL CENTER For Personal Services .......... $ 18,040,300 $ 18,640,300 For Employee Retirement Contributions Paid by Employer .............. 703,600 727,000 For State Contributions to the State Employees' Retirement System .. 1,691,800 1,748,100 For State Contributions to Social Security ...................... 1,298,900 1,342,100 For Contractual Services ....... 1,472,300 For Travel ..................... 10,300 For Commodities ................ 1,340,000 For Printing ................... 10,400 For Equipment .................. 129,300 For Telecommunications Services . 69,100 For Operation of Auto Equipment . 33,900 For Expenses Related to Living Skills Program ................ 3,000 Total $25,525,800 (P.A. 90-0585, Art. 37, Sec. 30)
HOUSE OF REPRESENTATIVES 4801 Sec. 30. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to meet the ordinary and contingent expenditures of the Department of Human Services: ELGIN MENTAL HEALTH CENTER For Personal Services .......... $ 47,626,900 $ 49,526,900 For Employee Retirement Contributions Paid by Employer .............. 1,857,500 1,931,600 For State Contributions to the State Employees' Retirement System .. 4,537,400 4,718,400 For State Contributions to Social Security ...................... 3,472,000 3,610,500 For Contractual Services ....... 4,041,400 3,541,400 For Travel ..................... 61,000 For Commodities ................ 1,543,100 For Printing ................... 37,700 For Equipment .................. 224,900 For Telecommunications Services . 246,000 For Operation of Auto Equipment . 178,000 For Expenses Related to Living Skills Program ................ 32,300 Total $65,651,800 (P.A. 90-0585, Art. 37, Sec. 31) Sec. 31. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the Department of Human Services: COMMUNITY AND RESIDENTIAL SERVICES FOR THE BLIND AND VISUALLY IMPAIRED Payable from General Revenue Fund: For Personal Services .......... $ 1,198,700 $ 1,278,700 For Employee Retirement Contributions Paid by Employer .............. 47,300 50,500 For State Contributions to State Employees' Retirement System .. 115,000 122,700 For State Contributions to Social Security ............ 62,200 66,400 For Contractual Services ....... 53,000 34,000 For Travel ..................... 79,000 For Commodities ................ 6,500 For Printing ................... 200 For Equipment .................. 200 For Telecommunications Services . 2,700 Total $1,640,900 (P.A. 90-0585, Art. 37, Sec. 32) Sec. 32. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund for the ordinary and contingent expenditures of the Department of Human Services: GEORGE A. ZELLER MENTAL HEALTH CENTER For Personal Services .......... $ 12,157,900 $ 12,257,900 For Employee Retirement Contributions Paid by Employer .............. 474,200 478,100 For State Contributions to the State Employees' Retirement System .. 1,162,000 1,171,600 For State Contributions to Social Security ............... 851,500 858,500 For Contractual Services ....... 1,000,300
4802 JOURNAL OF THE [May 14, 1999] For Travel ..................... 25,500 For Commodities ................ 322,600 For Printing ................... 15,900 For Equipment .................. 89,500 For Telecommunications Services . 103,300 For Operation of Auto Equipment . 22,200 For Expenses Related to Living Skills Program ................ 1,200 For Costs Associated with Behavioral Health Services - Zeller Network ....................... 258,800 Total $16,605,400 (P.A. 90-0585, Art. 37, Sec. 33) Sec. 33. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to meet the ordinary and contingent expenditures of the Department of Human Services: CHESTER MENTAL HEALTH CENTER For Personal Services .......... $ 21,919,200 $ 21,269,200 For Employee Retirement Contributions Paid by Employer .............. 1,183,600 1,148,500 For State Contributions to the State Employees' Retirement System .. 2,061,800 2,000,700 For State Contributions to Social Security ...................... 1,633,000 1,584,600 For Contractual Services ....... 1,878,500 1,433,500 For Travel ..................... 72,000 For Commodities ................ 615,400 For Printing ................... 10,700 For Equipment .................. 52,100 For Telecommunications Services . 126,300 93,500 For Operation of Auto Equipment . 17,400 For Expenses Related to Living Skills Program ................ 4,800 Total $28,302,400 (P.A. 90-0585, Art. 37, Sec. 34) Sec. 34. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to meet the ordinary and contingent expenditures of the Department of Human Services: JACKSONVILLE DEVELOPMENTAL CENTER For Personal Services .......... $ 17,344,700 For Employee Retirement Contributions Paid by Employer .............. 676,400 For State Contributions to the State Employees' Retirement System .. 1,656,600 For State Contributions to Social Security ...................... 1,274,800 For Contractual Services ....... 1,059,000 1,024,000 For Travel ..................... 7,500 For Commodities ................ 1,483,100 For Printing ................... 13,400 For Equipment .................. 94,800 For Telecommunications Services . 73,900 For Operation of Auto Equipment . 59,300 For Expenses Related to Living Skills Program ................ 16,800
HOUSE OF REPRESENTATIVES 4803 Total $23,725,300 (P.A. 90-0585, Art. 37, Sec. 35) Sec. 35. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the Department of Human Services: ILLINOIS CENTER FOR REHABILITATION AND EDUCATION Payable from General Revenue Fund: For Personal Services .......... $ 3,259,000 $ 3,659,000 For Student, Member or Inmate Compensation . 2,100 For Employee Retirement Contributions Paid by Employer .............. 127,100 142,700 For State Contributions to State Employees' Retirement System .. 290,200 325,800 For State Contributions to Social Security ............ 213,100 239,300 For Contractual Services ....... 928,600 833,100 For Travel ..................... 10,200 For Commodities ................ 89,000 For Printing ................... 1,000 For Equipment .................. 45,300 For Telecommunications Services . 61,900 For Operation of Auto Equipment . 9,400 For Maintenance/Travel for Aided Persons . 4,700 Total $5,423,500 Payable from Rehabilitation Services Elementary and Secondary Education Act Fund: For Federally Assisted Programs ................. $ 145,000 Payable from Vocational Rehabilitation Fund: For Secondary Transitional Experience Program ......................................... $ 60,000 (P.A. 90-0585, Art. 37, Sec. 36) Sec. 36. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to meet the ordinary and contingent expenditures of the Department of Human Services: ANDREW McFARLAND MENTAL HEALTH CENTER For Personal Services .......... $ 10,566,000 $ 10,866,000 For Employee Retirement Contributions Paid by Employer .............. 412,100 423,800 For State Contributions to the State Employees' Retirement System .. 1,005,500 1,034,100 For State Contributions to Social Security ...................... 808,300 831,300 For Contractual Services ....... 1,769,900 For Travel ..................... 18,000 For Commodities ................ 329,400 For Printing ................... 7,000 For Equipment .................. 65,900 For Telecommunications Services . 79,300 For Operation of Auto Equipment . 26,500 For Expenses Related to Living Skills Program ................ 11,800 Total $15,463,000 (P.A. 90-0585, Art. 37, Sec. 38) Sec. 38. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to meet the ordinary and contingent expenses of the
4804 JOURNAL OF THE [May 14, 1999] Department of Human Services: GOVERNOR SAMUEL H. SHAPIRO DEVELOPMENTAL CENTER For Personal Services .......... $ 41,938,500 $ 42,238,500 For Employee Retirement Contributions Paid by Employer .............. 1,635,600 1,647,300 For State Contributions to the State Employees' Retirement System .. 3,907,700 3,935,700 For State Contributions to Social Security ...................... 3,124,400 3,146,800 For Contractual Services ....... 3,370,100 3,270,100 For Travel ..................... 8,300 For Commodities ................ 2,773,200 2,631,900 For Printing ................... 44,400 For Equipment .................. 183,100 For Telecommunications Services . 156,600 For Operation of Auto Equipment . 134,400 Total $57,397,100 (P.A. 90-0585, Art. 37, Sec. 39) Sec. 39. The following named sums, or so much thereof as may be necessary, respectively, are appropriated to the Department of Human Services for the purposes hereinafter named: EMPLOYMENT AND SOCIAL SERVICE PROGRAMS Payable from General Revenue Fund: For Personal Services .......... $ 6,257,000 $ 6,207,000 For Employee Retirement Contributions Paid by Employer .............. 250,000 248,000 For State Contributions to State Employees' Retirement System .. 600,700 595,900 For State Contributions to Social Security ............... 432,800 429,300 For Contractual Services ....... 2,576,300 For Travel ..................... 100,700 For Equipment .................. 4,700 Total $10,161,900 Payable from Special Purposes Trust Fund: For Operation of Federal Employment Programs .....................................$ 12,642,400 (P.A. 90-0585, Art. 37, Sec. 43) Sec. 43. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to meet the ordinary and contingent expenditures of the Department of Human Services: WILLIAM W. FOX DEVELOPMENTAL CENTER For Personal Services .......... $ 9,468,300 $ 9,718,300 For Employee Retirement Contributions Paid by Employer .............. 369,300 379,000 For State Contributions to the State Employees' Retirement System .. 890,300 913,800 For State Contributions to Social Security ...................... 710,100 728,900 For Contractual Services ....... 663,100 623,100 For Travel ..................... 3,700 For Commodities ................ 691,200 651,200 For Printing ................... 6,000 For Equipment .................. 35,000 For Telecommunications Services . 33,800 For Operation of Auto Equipment . 12,800 For Expenses Related to Living
HOUSE OF REPRESENTATIVES 4805 Skills Program ................ 1,000 Total $13,106,600 (P.A. 90-0585, Art. 37, Sec. 44) Sec. 44. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to meet the ordinary and contingent expenses of the Department of Human Services: ELISABETH LUDEMAN DEVELOPMENTAL CENTER For Personal Services .......... $ 22,595,300 $ 22,695,300 For Employee Retirement Contributions Paid by Employer .............. 881,200 885,100 For State Contributions to the State Employees' Retirement System .. 2,150,100 2,159,600 For State Contributions to Social Security ...................... 1,728,500 1,736,200 For Contractual Services ....... 2,377,100 For Travel ..................... 3,600 For Commodities ................ 512,700 For Printing ................... 9,500 For Equipment .................. 102,500 For Telecommunications Services . 128,000 For Operation of Auto Equipment . 40,000 For Expenses Related to Living Skills Program ................ 25,600 Total $30,675,200 (P.A. 90-0585, Art. 37, Sec. 45) Sec. 45. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to meet the ordinary and contingent expenses of the Department of Human Services: WILLIAM A. HOWE DEVELOPMENTAL CENTER For Personal Services .......... $ 29,804,500 $ 29,704,500 For Employee Retirement Contributions Paid by Employer .............. 1,162,400 1,158,500 For State Contributions to the State Employees' Retirement System .. 2,834,400 2,824,900 For State Contributions to Social Security ...................... 2,262,200 2,254,600 For Contractual Services ....... 3,879,100 4,070,500 For Travel ..................... 35,300 For Commodities ................ 809,000 For Printing ................... 19,400 For Equipment .................. 85,900 For Telecommunications Services . 130,000 For Operation of Auto Equipment . 190,400 For Expenses Related to Living Skills Program ................ 11,500 Total $41,294,500 Section 8. "AN ACT making appropriations," Public Act 90-0585, approved June 4, 1998, is amended by changing Section 125 of Article 49 and by adding Section 25A to Article 49 as follows: (P.A. 90-0585, Art. 49, Sec. 25A new) Sec. 25A. The sum of $2,300,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Environmental Protection Agency for deposit into the Hazardous Waste Fund.
4806 JOURNAL OF THE [May 14, 1999] (P.A. 90-0585, Art. 49, Sec. 125) Sec. 125. The sum of $200,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Illinois Environmental Protection Agency for a grant to the E-J Water Corporation for all expenses related to a water tower for main project in the vicinity of the Village of Louisville. Section 9. "AN ACT making appropriations," Public Act 90-0585, approved June 4, 1998, is amended by repealing Section 214 of Article 51 and by changing Section 6 of Article 51 as follows: (P.A. 90-0585, Art. 51, Sec. 6) ILLINOIS RIVER INITIATIVES Sec. 6. The sum of $8,000,000 $3,000,000, new appropriation, is appropriated and the sum of $2,000,000, or so much thereof as may be necessary and as remains unexpended at the close of business on June 30, 1998, from an appropriation heretofore made in Article 45, Section 13 of Public Act 90-0010, is reappropriated from the General Revenue Fund to the Department of Natural Resources for the non-federal cost share of a Conservation Reserve Enhancement Program to establish long-term contracts and permanent conservation easements in the Illinois River Basin; to fund cost-share assistance to landowners to encourage approved conservation practices in environmentally sensitive and highly erodible areas of the Illinois River Basin; and to fund the monitoring of long term improvements of these conservation practices as required in the Memorandum of Agreement between the State of Illinois and the United States Department of Agriculture. Section 10. "AN ACT making appropriations," Public Act 90-0585, approved June 4, 1998, is amended by changing Section 1 of Article 60 as follows: (P.A. 90-0585, Art. 60, Sec. 1) Sec. 1. The following named amounts, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to the Industrial Commission: GENERAL OFFICE For Personal Services: Regular Positions ............. $ 3,385,200 Arbitrators ................... 2,400,100 2,350,700 Court Reporters ............... 903,600 For Employee Retirement Contributions Paid by Employer .............. 285,600 283,600 For State Contributions to State Employees' Retirement System .. 325,000 For Arbitrators' Retirement System ........................ 230,400 225,700 For Court Reporters' Retirement System ........................ 86,700 For State Contributions to Social Security ............... 511,800 507,900 For Contractual Services ....... 489,800 For Travel ..................... 126,500 For Commodities ................ 31,000 For Printing ................... 38,000 For Equipment .................. 30,200 For Telecommunications Services . 82,900 Total $8,926,800 $8,866,800 ELECTRONIC DATA PROCESSING
HOUSE OF REPRESENTATIVES 4807 For Personal Services ........................ $ 450,900 For State Contributions to State Employees' Retirement System ................ 43,300 For State Contributions to Social Security ............................. 34,500 For Contractual Services ..................... 234,200 For Travel ................................... 2,500 For Commodities .............................. 1,000 For Equipment ................................ 100 For Printing ................................. 3,000 For Telecommunications Services .............. 40,000 Total $809,500 Section 11. "AN ACT making appropriations," Public Act 90-0585, approved June 4, 1998, is amended by changing Section 7 of Article 61 as follows: (P.A. 90-0585, Art. 61, Sec. 7) Sec. 7. The following named sums, or so much thereof as may be necessary, are appropriated to the Department of Insurance for the administration of the Senior Health Insurance Program: Payable from the Insurance Producer Administration Fund ............ $ 323,500 Payable from the Senior Health Insurance Program Fund ......... 500,000 323,500 Total $823,500 $647,000 Section 12. "AN ACT making appropriations," Public Act 90-0585, approved June 4, 1998, is amended by changing Sections 4 and 5 of and adding Sections 1B and 8B to Article 65 as follows: (P.A. 90-0585, Art. 65, Sec. 1B new) Sec. 1B. The amount of $3,000,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Central Management Services for General Revenue Fund payments or for transfer into the Statistical Services Revolving Fund for payments on behalf of other state agencies related to Year 2000 compliance as determined necessary by the Department of Central Management Services. (P.A. 90-0585, Art. 65, Sec. 4) Sec. 4. The following named amounts, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named are appropriated to the Department of Central Management Services: BUREAU OF BENEFITS PAYABLE FROM GENERAL REVENUE FUND For Personal Services ........................ $ 466,200 For Employee Retirement Contributions Paid by Employer ............................ 18,700 For State Contributions to State Employees' Retirement System ................ 44,800 For State Contributions to Social Security .................................... 35,700 For Group Insurance .......................... 490,798,000 For Contractual Services ..................... 107,200 For Travel ................................... 8,600 For Commodities............................... 9,900 For Printing ................................. 4,300 For Equipment ................................ 1,700 For Telecommunications Services .............. 14,900 For Operation of Auto Equipment .............. 900 For payment of claims under the
4808 JOURNAL OF THE [May 14, 1999] Representation and Indemnification in Civil Law Suits Act ...................... 2,447,200 For payment of Workers' Compensation Act claims and contractual services in connection with said claims payments .................................... 16,860,000 For auto liability, adjusting and administration of claims, loss control and prevention services, and auto liability claims ......... 1,744,200 Total $512,562,300 PAYABLE FROM LOCAL GOVERNMENT HEALTH INSURANCE RESERVE FUND For Personal Services ........................ $ 462,300 For Employee Retirement Contributions Paid by Employer ............................ 18,500 For State Contributions to State Employees' Retirement System ................ 44,400 For State Contributions to Social Security .................................... 35,400 For Group Insurance .......................... 65,600 For Contractual Services ..................... 180,000 For Travel ................................... 13,000 For Commodities............................... 10,000 For Printing ................................. 140,000 For Equipment ................................ 17,700 For Electronic Data Processing ............... 47,000 For Telecommunications Services .............. 18,400 Total $1,052,300 For the Local Governments Contribution Under Program of Group Life, Dental, Hospital, And Surgical And Medical Insurance For Persons Serving Local Governments ..................$ 70,573,800 $ 55,573,800 PAYABLE FROM ROAD FUND For Group Insurance ..........................$ 70,200,000 For payment of claims and claims administration under the Workers' Compensation Act ...................$ 4,405,500 PAYABLE FROM GROUP INSURANCE PREMIUM FUND For expenses of Cost Containment Program ........$ 288,000 For Health Care Coverage As Elected By Members Per The State Employees Group Insurance Act .........$ 72,012,000 PAYABLE FROM HEALTH INSURANCE RESERVE FUND For Expenses of a Cost Containment Program ......$ 158,900 For Provisions of Health Care Coverage As Elected by Eligible Members Per State Employees Group Insurance Act ...............................................$ 779,533,100 PAYABLE FROM WORKERS' COMPENSATION REVOLVING FUND For administrative costs of claims services and payment of temporary total disability claims of any state agency or university employee .........................$ 600,000 Expenditures from appropriations for treatment and expense may be made after the Department of Central Management Services has certified that the injured person was employed and that the nature of the injury is compensable in accordance with the provisions of the Workers' Compensation Act or the Workers' Occupational Diseases Act, and then has determined the amount of such compensation to be paid to the injured person.
HOUSE OF REPRESENTATIVES 4809 Expenditures for this purpose may be made by the Department of Central Management Services without regard to the fiscal year in which benefit or services was rendered or cost incurred as allowable or provided by the Workers' Compensation Act or the Workers' Occupational Diseases Act. PAYABLE FROM STATE EMPLOYEES DEFERRED COMPENSATION FUND For expenses related to the administration of the State Employees Deferred Compensation Plan.............................$ 1,803,500 (P.A. 90-0585, Art. 65, Sec. 5) Sec. 5. The following named amounts, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named are appropriated to the Department of Central Management Services: BUREAU OF PERSONNEL PAYABLE FROM GENERAL REVENUE FUND For Personal Services .......... $ 4,912,500 For Employee Retirement Contributions Paid by Employer .............. 196,500 For State Contributions to State Employees' Retirement System .. 471,600 For State Contributions to Social Security ...................... 375,900 For Contractual Services ....... 386,700 For Travel ..................... 46,500 For Commodities................. 31,500 For Printing ................... 77,600 For Equipment .................. 37,400 For Telecommunications Services . 75,700 For Operation of Auto Equipment . 5,900 For Awards to Employees and Expenses of Employees' Suggestion Award Board ................... 10,500 For Wage Claims ................ 2,107,000 1,457,000 For Expenses of Compensation Review Board................... 8,500 For Expenses of the Upward Mobility Program .............. 4,875,500 For Expenses of the Board of Ethics . 369,900 For Veterans' Job Assistance Program . 336,400 For Governor's and Vito Marzullo's Internship programs ........... 833,700 For Nurses' Tuition ............ 100,000 Total $14,609,300 (P.A. 90-0585, Art. 65, Sec. 8B new) Sec. 8B. The amount of $3,000,000, or so much thereof as may be necessary, is appropriated from the Statistical Services Revolving Fund to the Department of Central Management Services for expenses on behalf of other state agencies related to Year 2000 compliance as determined by the Department of Central Management Services. Section 13. "AN ACT making appropriations," Public Act 90-0585, approved June 4, 1998, is amended by changing Sections 5 and 6 of Article 72 as follows: (P.A. 90-0585, Art. 72, Sec. 5) GOVERNMENT SERVICES GRANTS Sec. 5. The following named amounts, or so much thereof as may be necessary, are appropriated to the Department of Revenue as follows:
4810 JOURNAL OF THE [May 14, 1999] Payable from General Revenue Fund: For the State's Share of County Supervisors of Assessments' or County Assessors' salaries, as provided by law ............ $ 1,806,600 For additional compensation for local assessors, as provided by Sections 2.3 and 2.6 of the "Revenue Act of 1939", as amended .................... 655,000 For additional compensation for local assessors, as provided by Section 2.7 of the "Revenue Act of 1939", as amended ....................... 477,000 For additional compensation for county treas- urers, pursuant to Public Act 84-1432, as amended .................... 539,800 510,000 Total $3,448,600 Payable from State and Local Sales Tax Reform Fund: For Allocation to Chicago for additional 1.25% Use Tax Pursuant to P.A. 86-0928 ..............................$ 36,218,600 Payable from Local Government Distributive Fund: For Allocation of the .4% Sales Tax to Units of Local Government Pursuant to P.A. 86-0928 .....................$ 22,817,200 For Allocation to Local Governments of additional 1.25% Use Tax Pursuant to P.A. 86-0928 .................................$ 91,966,200 Payable from R.T.A. Occupation and Use Tax Replacement Fund: For Allocation to RTA for 10% of the 1.25% Use Tax Pursuant to P.A. 86-0928 .......$ 19,472,800 Payable from Senior Citizens' Real Estate Deferred Tax Revolving Fund: For Payments to Counties as Required by the Senior Citizens Real Estate Tax Deferral Act .......................$ 4,656,200 Payable from Illinois Tax Increment Fund: For Distribution to Local Tax Increment Finance Districts ..................$ 15,619,000 Payable from the Do-It-Yourself School Funding Fund: For Distribution of Income Tax Exemptions Forgone pursuant to Public Act 90-0553 .............................$ 1,500,000 TAX COMPLIANCE GRANTS (P.A. 90-0585, Art. 72, Sec. 6) Sec. 6. The following named sums, or so much thereof as may be necessary, are to the Department of Revenue for the purposes as follows: Payable from the Illinois Gaming Law Enforcement Fund: For a Grant for Allocation to Local Law Enforcement Agencies for joint state and local efforts in Administration of the Charitable Games, Pull Tabs and Jar Games Act .....................................$ 1,400,000 Payable from the General Revenue Fund:
HOUSE OF REPRESENTATIVES 4811 For payments under the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act ..................$ 98,362,600 $ 98,392,400 TAX COMPLIANCE REFUNDS For payment of refunds pursuant to the provisions of the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act: Payable from General Revenue Fund ................$ 160,000 Section 14. "AN ACT making appropriations," Public Act 90-0585, approved June 4, 1998, is amended by repealing Section 318 of Article 74, by changing Sections 13, 159 and 296 of Article 74, and by adding Sections 42.5, 440, 445, 450, 455, 460, and 465 to Article 74 as follows: (P.A. 90-0585, Art. 74, Sec. 13) GENERAL ADMINISTRATION GRANTS-IN-AID Sec. 13. The sum of $8,700,000 $7,000,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Commerce and Community Affairs for the State's Share of State's Attorneys' and Assistant State's Attorneys' salaries. (P.A. 90-0585, Art. 74, Sec. 42.5 new) Sec. 42.5. The amount of $1,000,000, or so much thereof as may be necessary, is appropriated from the Energy Assistance Contribution Fund to the Department of Commerce and Community Affairs for the administration and grant expenses for energy assistance programs. (P.A. 90-0585, Art. 74, Sec. 159) Sec. 159. The sum of $45,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Commerce and Community Affairs for a grant to the Summit Public Library District for library improvements Village of Summit for land acquisition for a library. (P.A. 90-0585, Art. 74, Sec. 296) Sec. 296. The sum of $25,000, or so much thereof as may be necessary, is appropriated to the Department of Commerce and Community Affairs from the General Revenue Fund for a grant to the City of Chicago Mt. Greenwood Chamber of Commerce for historic lamps on 111th Street two blocks east and west of Kedzie Avenue. (P.A. 90-0585, Art. 74, Sec. 440 new) Sec. 440. The sum of $170,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Commerce and Community Affairs for a grant to the City of Watseka for infrastructure improvements to provide for westside expansion. (P.A. 90-0585, Art. 74, Sec. 445 new) Sec. 445. The sum of $30,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Commerce and Community Affairs for a grant to Village of Sheldon for completion of the community center. (P.A. 90-0585, Art. 74, Sec. 450 new) Sec. 450. The sum of $100,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Commerce and Community Affairs for a grant to the City of Sparta for all costs associated with Phase II of the Main and Market Street Renovation Project. (P.A. 90-0585, Art. 74, Sec. 455 new) Sec. 455. The sum of $20,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Commerce and Community Affairs for a grant to the City
4812 JOURNAL OF THE [May 14, 1999] of Redbud for the YMCA Youth Center and Teen Center renovation. (P.A. 90-0585, Art. 74, Sec. 460 new) Sec. 460. The sum of $200,000, or so much thereof as may be necessary, is appropriated to the Department of Commerce and Community Affairs from the General Revenue Fund for a grant to the City of Hillsboro for all costs associated with a sports complex. (P.A. 90-0585, Art. 74, Sec. 465 new) Sec. 465. The sum of $100,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Commerce and Community Affairs for a grant to the Hillsboro School Community Unit School District #3 for remodeling. Section 15. The sum of $546,684, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Southwestern Illinois Development Authority for replenishment of a draw on the debt service reserve fund backing bonds issued on behalf of Laclede Steel. Section 16. "AN ACT making appropriations", Public Act 90-0585, approved June 4, 1998, is amended by changing Section 5 of and adding new Section 205 to Article 10 as follows: (P.A. 90-0585, Art. 10, Sec. 5) Sec. 5. The following named amounts, or so much of those amounts as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to the Office of the Secretary of State to meet the ordinary, contingent and distributive expenses of the following organizational units of the Office of the Secretary of State: EXECUTIVE GROUP For Personal Services: For Regular Positions: Payable from General Revenue Fund ......................................... $ 3,410,079 For Extra Help: Payable from General Revenue Fund ......................................... 21,599 For Employee Contribution to State Employees' Retirement System: Payable from General Revenue Fund ........................................ 1,534,692 Payable from Road Fund ....................... 3,531,804 Payable from Vehicle Inspection Fund ............................. 42,252 For State Contribution to State Employees' Retirement System: Payable from General Revenue Fund ........................................ 329,442 For State Contribution to Social Security: Payable from General Revenue Fund ........................................ 262,524 For Contractual Services: Payable from General Revenue Fund ......................................... 821,148 For Travel Expenses: Payable from General Revenue Fund ......................................... 82,266 For Commodities: Payable from General Revenue Fund ......................................... 37,655 For Printing: Payable from General Revenue Fund ......................................... 12,640
HOUSE OF REPRESENTATIVES 4813 For Equipment: Payable from General Revenue Fund ......................................... 1 For Telecommunications: Payable from General Revenue Fund ......................................... 173,026 GENERAL ADMINISTRATIVE GROUP For Personal Services: For Regular Positions: Payable from General Revenue Fund ......................................... $28,678,891 Payable from Road Fund......................... 12,245,919 Payable from Securities Audit and Enforcement Fund.......................... 2,277,990 Payable from Division of Corporations Special Operations Fund....................... 451,690 Payable from Lobbyist Registration Fund ......................................... 142,464 Payable from Registered Limited Liability Partnership Fund.................... 56,815 For Extra Help: Payable from General Revenue Fund ......................................... 580,668 Payable from Road Fund......................... 371,162 Payable from Securities Audit and Enforcement Fund.......................... 11,400 Payable from Division of Corporations Special Operations Fund....................... 17,972 For Employee Contribution to State Employees' Retirement System: Payable from Securities Audit and Enforcement Fund......................... 91,120 Payable from Division of Corporations Special Operations Fund...................... 18,675 Payable from Lobbyist Registration Fund ........................................ 5,699 Payable from Registered Limited Liability Partnership Fund................... 2,273 For State Contribution to State Employees' Retirement System: Payable from General Revenue Fund ........................................ 2,808,917 Payable from Road Fund........................ 1,211,240 Payable from Securities Audit and Enforcement Fund......................... 219,781 Payable from Division of Corporations Special Operations Fund...................... 45,088 Payable from Lobbyist Registration Fund ........................................ 13,677 Payable from Registered Limited Liability Partnership Fund................... 5,454 For State Contribution to Social Security: Payable from General Revenue Fund ........................................ 2,171,188 Payable from Road Fund........................ 895,042 Payable from Securities Audit and Enforcement Fund......................... 172,860 Payable from Division of Corporations Special Operations Fund...................... 35,929 Payable from Lobbyist Registration
4814 JOURNAL OF THE [May 14, 1999] Fund ........................................ 10,898 Payable from Registered Limited Liability Partnership Fund................... 4,346 For Group Insurance: Payable from Securities Audit and Enforcement Fund.......................... 295,164 Payable from Division of Corporations Special Operations Fund....................... 69,692 Payable from Lobbyist Registration Fund ......................................... 27,330 Payable from Registered Limited Liability Partnership Fund.................... 10,932 For Contractual Services: Payable from General Revenue Fund .........................................14,395,662 13,176,662 Payable from Road Fund.........................608,802 858,802 Payable from Securities Audit and Enforcement Fund.......................... 353,219 Payable from Division of Corporations Special Operations Fund....................... 29,998 Payable from Motor Fuel Tax Fund............... 475,700 Payable from Lobbyist Registration Fund ......................................... 11,825 Payable from Registered Limited Liability Partnership Fund.................... 495 For Travel Expenses: Payable from General Revenue Fund ......................................... 199,322 Payable from Road Fund......................... 335,951 Payable from Securities Audit and Enforcement Fund.......................... 238,868 Payable from Division of Corporations Special Operations Fund....................... 4,690 Payable from Lobbyist Registration Fund ......................................... 1,200 For Commodities: Payable from General Revenue Fund ......................................... 962,304 Payable from Road Fund......................... 49,133 Payable from Securities Audit and Enforcement Fund.......................... 20,000 Payable from Division of Corporations Special Operations Fund....................... 7,700 Payable from Lobbyist Registration Fund ......................................... 4,000 Payable from Registered Limited Liability Partnership Fund.................... 950 For Printing: Payable from General Revenue Fund .........................................1,069,370 788,370 Payable from Road Fund......................... 39,210 Payable from Securities Audit and Enforcement Fund.......................... 22,710 Payable from Division of Corporations Special Operations Fund....................... 8,801 Payable from Lobbyist Registration Fund ......................................... 5,500 For Equipment: Payable from General Revenue Fund ......................................... 401,200 Payable from Road Fund......................... 1
HOUSE OF REPRESENTATIVES 4815 Payable from Securities Audit and Enforcement Fund.......................... 90,395 Payable from Division of Corporations Special Operations Fund....................... 13,640 Payable from Lobbyist Registration Fund ......................................... 14,600 Payable from Registered Limited Liability Partnership Fund.................... 140 For Electronic Data Processing: Payable from Road Fund......................... 100,000 Payable from the Secretary of State Special Services Fund......................... 4,000,000 For Telecommunications: Payable from General Revenue Fund ......................................... 425,650 Payable from Road Fund......................... 75,448 Payable from Securities Audit and Enforcement Fund.......................... 90,828 Payable from Division of Corporations Special Operations Fund....................... 7,583 Payable from Lobbyist Registration Fund ......................................... 2,000 Payable from Registered Limited Liability Partnership Fund.................... 1,000 For Operation of Automotive Equipment: Payable from General Revenue Fund ......................................... 369,500 For Refund of Fees and Taxes: Payable from General Revenue Fund ......................................... 15,000 Payable from Road Fund.........................1,525,501 1,275,501 MOTOR VEHICLE GROUP For Personal Services: For Regular Positions: Payable from General Revenue Fund.............. $ 5,664,890 Payable from Road Fund......................... 68,743,173 Payable from Vehicle Inspection Fund........... 1,025,444 Payable from the Secretary of State Special License Plate Fund.................... 373,029 Payable from Motor Vehicle Review Board Fund.................................... 105,002 For Extra Help: Payable from General Revenue Fund ......................................... 165,185 Payable from Road Fund......................... 5,068,184 Payable From Vehicle Inspection Fund........... 30,850 For Employees Contribution to State Employees' Retirement System: Payable from the Secretary of State Special License Plate Fund................... 14,921 Payable from Motor Vehicle Review Board Fund................................... 4,200 For State Contribution to State Employees' Retirement System: Payable from General Revenue Fund ........................................ 559,687 Payable from Road Fund........................ 7,085,889 Payable From Vehicle Inspection Fund.......... 101,404 Payable from the Secretary of State Special License Plate Fund................... 35,811 Payable from Motor Vehicle Review
4816 JOURNAL OF THE [May 14, 1999] Board Fund................................... 10,080 For State Contribution to Social Security: Payable from General Revenue Fund ........................................ 430,094 Payable from Road Fund........................ 5,016,425 Payable From Vehicle Inspection Fund.......... 77,730 Payable from the Secretary of State Special License Plate Fund................... 28,164 Payable from Motor Vehicle Review Board Fund................................... 8,033 For Group Insurance: Payable From Vehicle Inspection Fund........... 194,043 Payable from the Secretary of State Special License Plate Fund.................... 81,990 For Contractual Services: Payable from General Revenue Fund ......................................... 446,744 Payable from Road Fund......................... 11,166,303 Payable from Vehicle Inspection Fund........... 494,116 Payable from CDLIS AAMVANET Trust Fund.................................... 450,000 Payable from the Secretary of State Special License Plate Fund.................... 1 Payable from Motor Vehicle Review Board Fund.................................... 70,000 For Travel Expenses: Payable from General Revenue Fund ......................................... 131,795 Payable from Road Fund......................... 616,582 Payable from Vehicle Inspection Fund........... 4,000 Payable from the Secretary of State Special License Plate Fund.................... 1,690 Payable from Motor Vehicle Review Board Fund.................................... 2,500 For Commodities: Payable from General Revenue Fund ......................................... 263,548 Payable from Road Fund......................... 5,741,271 Payable from Vehicle Inspection Fund........... 23,415 Payable from the Secretary of State Special License Plate Fund.................... 359,322 For Printing: Payable from General Revenue Fund ......................................... 200,918 Payable from Road Fund......................... 3,567,639 Payable from Vehicle Inspection Fund........... 99,000 Payable from the Secretary of State Special License Plate Fund.................... 1 For Equipment: Payable from General Revenue Fund ......................................... 1 Payable from Road Fund......................... 1 Payable from Vehicle Inspection Fund........... 1 Payable from the Secretary of State Special License Plate Fund.................... 1 Payable from Motor Vehicle Review Board Fund.................................... 1 For Telecommunications: Payable from General Revenue Fund ......................................... 75,579
HOUSE OF REPRESENTATIVES 4817 Payable from Road Fund......................... 2,057,819 Payable from Vehicle Inspection Fund........... 4,300 Payable from the Secretary of State Special License Plate Fund.................... 1 For Operation of Automotive Equipment: Payable from Road Fund......................... 430,000 (P.A. 90-0585, Art. 10, Sec. 205 new) Sec. 205. The amount of $2,000,000, or so much of that amount as may be necessary, is appropriated to the Office of the Secretary of State for expenses associated with ensuring that computer hardware and software and embedded systems function properly during the years 1999 and 2000 and correctly process, transmit, and receive date data from, into, and between the 20th and 21st Centuries and during the years 1999 and 2000. Section 17. In addition to amounts already appropriated, the sum of $165,700, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Illinois Board of Higher Education for personal services. Section 18. The sum of $300,000, or so much thereof as may be necessary, is appropriated from the State College and University Trust Fund to the Illinois Board of Higher Education for distribution to public universities and colleges as provided by Public Act 90-0774. Section 19. The sum or $4,500,000, or so much thereof as may be necessary, is appropriated from the Capital Development Fund to the Capital Development Board for a grant to the Village of Thomson for infrastructure improvements in connection with the Correctional Center in Thomson. Section 20. "AN ACT making appropriations", Public Act 90-0585, approved June 4, 1998, is amended by changing Sections 15, 40, 75, 80 and 105 of Article 1 as follows: (P.A. 0585, Art. 1, Sec. 15) Sec. 15. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to meet the ordinary and contingent expenses of the Senate: For the ordinary and incidental expenses of legislative leadership and legislative staff assistants: President................................... $ 4,216,000 Minority Leader............................. 4,216,000 For the ordinary and incidental expenses of committees, the general staff and operations, per diem employees, special and standing committees of the Senate and expenses incurred in transcribing and printing of Senate debate...................3,302,000 3,262,000 For the ordinary and incidental expenses of the Senate, also including the purchasing on contract as required by law of printing, binding, printing paper, stationery and office supplies............................. 175,200 For allowances for the particular and additional services appertaining to or entailed by the respective officers of the Senate named in and in accordance with the following schedule: President................................... 68,300 Minority Leader............................. 68,300
4818 JOURNAL OF THE [May 14, 1999] For travel, including expenses to Springfield of members on official legislative business during weeks when the General Assembly is not in session.............................. 47,200 Total $12,053,000 (P.A. 90-0585, Art. 1, Sec. 40) Sec. 40. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, relating to the operation of the House of Representatives, are appropriated to meet its ordinary and contingent expenses: For the ordinary and incidental expenses of the general staff, operations, and special and standing committees of the House, for per diem employees and for expenses incurred in transcribing and printing of House debates........................ 4,370,000 $4,330,000 For the ordinary and incidental expenses of the House, also including the purchasing on contract as required by law of printing, binding, printing paper, stationery and office supplies, no part of which shall be expended for expenses of purchasing, handling or distributing such supplies and against which no indebtedness shall be incurred without the written approval of the Speaker of the House of Representatives. 81,700 Pursuant to the Legislative Commission Reorganization Act of 1984, to the Speaker of the House for Standing House Committees...... 1,949,000 Total $6,360,700 (P.A. 90-0585, Art. 1, Sec. 75) Section 75. The following named sums, or so much thereof as may be necessary, respectively, are appropriated to the Commission on Intergovernmental Cooperation for the following expenses of the Washington Office: For Personal Services............. $ 118,900 $ 198,900 For Employee Retirement Contributions Paid by Employer................ 8,000 For State Contribution to State Employees' Retirement System............... 19,000 For State Contribution to Social Security........................ 15,000 For Contractual Services.......... 66,000 For Travel........................ 500 For Commodities................... 500 For Equipment..................... 100 For Electronic Data Processing.... 100 For Telecommunications Services... 7,500 Total $315,600 (P.A. 90-0585, Art. 1, Sec. 80) Sec. 80. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated for the objects and purposes hereinafter named to meet the ordinary and contingent expenses of the Legislative Information System: For Personal Services............. $1,251,600 $ 1,311,600 For Employee Retirement Contributions Paid by Employer................ 50,500 52,500 For State Contribution to State Employees'
HOUSE OF REPRESENTATIVES 4819 Retirement System............... 119,900 125,900 For State Contribution to Social Security........................ 96,300 100,300 For Contractual Services.......... 458,900 533,900 For Travel........................ 12,300 For Commodities................... 3,700 For Printing...................... 15,000 30,500 For Equipment..................... 6,200 For Electronic Data Processing.... 1,010,000 658,000 For Purchase, Maintenance, and Rental of Legislative Electronic Data Processing Equipment, Contractual Procurement of Copying Equipment and Printing ............. 595,300 For Telecommunications Services... ............ 96,700 For Refunds....................... ............ 600 Total $3,527,500 (P.A. 90-0585, Art. 1, Sec. 105) Sec. 105. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated for the objects and purposes hereinafter named to meet the ordinary and contingent expenses of the Legislative Space Needs Commission: For Personal Services............. $ 192,700 $ 206,200 For Employee Retirement Contributions Paid by Employer................ 7,500 For State Contributions to State Employees' Retirement System............... 16,900 8,200 For State Contribution to Social Security........................ 13,800 For Contractual Services.......... 21,300 For Travel........................ 3,400 For Commodities................... 1,000 For Printing...................... 400 For Equipment..................... 11,400 1,400 For Electronic Data Processing.... 12,100 8,600 For Telecommunications Services... 5,300 Total $277,100 Section 21. "AN ACT making appropriations", Public Act 90-0585, approved June 4, 1998, is amended by repealing Section 18 of Article 28. Section 22. "AN ACT making appropriations", Public Act 90-0585, approved June 4, 1998, is amended by repealing Sections 31 and 41 of Article 86, by changing Section 84 of Article 86, and by adding new Sections 120 and 125 to Article 86 as follows: (P.A. 90-0585, Art. 86, Sec. 84) Sec. 84. The sum of $50,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Transportation for a grant to the Village of Morrison Whiteside County for road improvements for the Morrison Industrial Spur. (P.A. 90-0585, Art. 86, Sec. 120 new) Sec. 120. The sum of $125,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Transportation for a grant to Bond County for equipment expenses. (P.A. 90-0585, Art. 86, Sec. 125 new) Sec. 125. The sum of $75,000, or so much there of as may be necessary, is appropriated from the General Revenue Fund to the Department of Transportation for a grant to Central Township in Bond County for all expenses associated with road projects. Section 23. "AN ACT making appropriations", Public Act 90-0585,
4820 JOURNAL OF THE [May 14, 1999] approved June 4, 1998, is amended by changing Sections 30 and 40 of Article 25 as follows: (P.A. 90-0585, Art. 25, Sec. 30) Sec. 30. The sum of $251,799,900 $251,874,900, or so much thereof as may be necessary, is appropriated to the Illinois Student Assistance Commission from the General Revenue Fund for payment of grant awards to full-time and part-time students eligible to receive such awards, as provided by law, including up to $2,000,000 for transfer into the Monetary Award Program Reserve Fund. (P.A. 90-0585, Art. 25, Sec 40) Sec. 40. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated from the General Revenue Fund to the Illinois Student Assistance Commission for the following purposes: Grants and Scholarships For payment of matching grants to Illinois institutions to supplement scholarship programs, as provided by law................. $ 1,000,000 For payment of Merit Recognition Scholarships to undergraduate students under the Merit Recognition Scholarship Program provided for in Section 30 of the Higher Education Student Assistance Act......... 2,275,000 2,200,000 For the payment of scholarships to students who are children of policemen or firemen killed in the line of duty, or who are dependents of correctional officers killed or permanently disabled in the line, of duty as provided by law................... 150,000 For payment of Illinois National Guard and Naval Militia Scholarships at State- controlled universities and public community colleges in Illinois to students eligible to receive such awards, as provided by law................... 3,900,000 For payment of military Veterans' scholarships at State-controlled universities and at public community colleges for students eligible, as provided by law........................... 22,000,000 For college savings bond grants to students eligible to receive such awards.................................. 420,000 For payment of minority teacher scholarships................................. 2,200,000 For payment of David A. DeBolt Teacher Shortage Scholarships........................ 1,445,800 For payment of Illinois Incentive for access grants, as provided by law............ 4,250,000 Total $37,565,800 Section 24. In addition to any other amount appropriated, the sum of $1,031,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of State Police for the purchase of new vehicles, light bars, and striping kits. ARTICLE 2 Section 1. The following named amounts are appropriated from the
HOUSE OF REPRESENTATIVES 4821 General Revenue Fund to the Court of Claims to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 91-CC-1457, Foster G. McGaw Hospital of Loyola University. Medical Vendors, against the Department of Public Aid................ $301,600.00 No. 94-CC-1668, V. Cortez Henderson. Wrongful Termination, against the State Community College of East St. Louis................... $15,000.00 No. 94-CC-3534, Federal Bureau of Investigation. Replacement Warrant, against the Office of the Comptroller............................. $25,840.00 No. 95-CC-0439, Jewish Children's Bureau of Chicago. Debt, against the DCFS............. $13,471.34 No. 95-CC-0481, IBM Corporation. Debt, against the Department of Public Aid................ $29,612.17 No. 96-CC-0572, State Farm Insurance Company as subrogee of Lashon Wright. Personal Injury, damages sustained as a result of an automobile accident with an employee of the Secretary of State.......................... $5,500.00 No. 96-CC-1014, Laurelwood Hospital. Debt, against the Department of Public Aid........ $11,413.92 No. 96-CC-3924, Sheila D. Rushing. Personal Injury, damages suffered in a fall at the SIU at Edwardsville......................... $26,000.00 No. 97-CC-2835, Colorado Boys Ranch. Debt, against the DCFS............................ $23,140.00 No. 97-CC-3178, GSU Reading Consortium School District 155. Debt, against the State Board of Education................................ $49,200.00 No. 98-CC-0984, Community Care Systems, Inc. Debt, against the Department on Aging....... $10,548.28 No. 98-CC-1847, XDB Systems, Inc. Debt, against the Department of Public Aid................ $14,391.00 No. 98-CC-2224, Cook County Public Guardian. Debt, against the Department on Aging....... $20,143.40 No. 98-CC-2231, Cook County Public Guardian. Debt, against the Department on Aging....... $19,701.00 No. 98-CC-2232, Cook County Public Guardian. Debt, against the Department on Aging....... $16,758.00 No. 98-CC-2635, Kenneth Young Centers. Debt, against the Department of Human Services.... $33,108.10 No. 98-CC-3010, Earl Loman. Debt, against the DCFS........................................ $15,198.00 No. 98-CC-3323, Catholic Social Service of Peoria. Debt, against the DCFS.............. $13,671.87 No. 98-CC-3520, University of Illinois at Chicago. Debt, against the Illinois Student Assistance Commission....................... $11,982.00 No. 98-CC-3555, New Hope Center, Inc. Debt, against the Department of Human Services.... $20,616.00 No. 98-CC-3744, Staff Builders, Inc. Debt, against the Department of Human Services-DORS............................... $12,730.00 No. 98-CC-4040, McHenry County Mental Health Board. Debt, against the Department of Human Services.................................... $10,528.61 No. 98-CC-4923 through 98-CC-4929, Computerland. Debt, against the Department of Public Aid.. $55,788.90
4822 JOURNAL OF THE [May 14, 1999] No. 98-CC-5025, ILHOP, Inc. DBA Chicago Staffing Services. Debt, against the DCFS............ $12,279.67 No. 98-CC-5053, University of Illinois Board of Trustees. Debt, against the Department of Human Services.............................. $16,300.00 No. 98-CC-5062, Shell Oil Company. Debt, against the Department of State Police.............. $13,285.87 No. 98-CC-5167, Silver Burdett Ginn. Debt, against the State Board of Education........ $21,993.08 No. 99-CC-0192, Columbia College. Debt, against the Illinois Student Assistance Commission.. $54,815.00 No. 99-CC-0709, East West University. Debt, against the Illinois Student Assistance Commission.................................. $17,853.15 Section 1A. In addition to any amounts previously appropriated for such purposes, the amount of $4,500,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Court of Claims to pay claims under the Crime Victims Compensation Act. Section 2. The following named amounts are appropriated to the Court of Claims from General Fund 007, Education Assistance Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-4536, Ameridata/GE Capital IT Solutions. Debt, against the Illinois Student Assistance Commission............... $5,245.00 No. 99-CC-0350, Eureka College. Debt, against the Illinois Student Assistance Commission.. $500.00 Section 3. The following named amounts are appropriated to the Court of Claims from State Fund 011, Road Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 93-CC-0753, Bruce Buelke and Dawes Transport, Inc. Property Damage, damage sustained in a truck accident which occurred at least partly due to the negligence of the Department of State Police and the Department of Transportation in maintaining a weigh station............................. $41,620.59 Section 4. The following named amounts are appropriated to the Court of Claims from State Fund 013, Alcoholism and Substance Abuse Block Grant Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-4320, Xerox Corporation. Debt, against DASA........................................ $979.87 Section 5. The following named amounts are appropriated to the Court of Claims from State Fund 018, Transportation Regulatory Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-5122, Sullivan Reporting Company. Debt, against the Illinois Commerce Commission.................................. $697.15 Section 6. The following named amounts are appropriated to the Court of Claims from State Fund 023, Economic Research and Information Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-4592, Kay McGuire Consulting. Debt, against DCCA................................ $2,424.16
HOUSE OF REPRESENTATIVES 4823 Section 7. The following named amounts are appropriated to the Court of Claims from State Fund 041, Wildlife and Fish Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-3698, IL Department of Conservation/Division of Law Enforcement Fund. Debt, against the Department of Natural Resources........................... $33.40 No. 98-CC-4813, National Propane. Debt, against the Department of Natural Resources......... $75.00 Section 8. The following named amounts are appropriated to the Court of Claims from State Fund 050, Mental Health Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-3629, Lutheran Social Services of Illinois. Debt, against the Department of Human Services.............................. $22,617.30 No. 98-CC-4002, Lutheran Social Services of Illinois. Debt, against the Department of Human Services.............................. $19,923.29 No. 98-CC-4420, Premier Rehabilitation Center of Chicago. Debt, against the Department of Human Services/DORS......................... $16,236.00 No. 98-CC-4504, Milestone, Inc. Debt, against the Department of Human Services/DMHDD...... $15,879.08 No. 98-CC-5263, Heartspring. Debt, against the Department of Human Services/DMHDD.......... $18,310.54 No. 99-CC-0130, Unlimited Development, Inc. Debt, against the Department of Human Services/DMHDD.............................. $39,148.20 No. 99-CC-0185, Community Support Service. Debt, against the Department of Human Services/DMHDD.............................. $9,341.24 No. 99-CC-0188, Cornerstone Services, Inc. Debt, against the Department of Human Services/DMHDD.............................. $54,936.00 No. 99-CC-0335, Mercy Hospital. Debt, against the Department of Human Services/DMHDD...... $2,310.00 No. 99-CC-0407, Cornerstone Services, Inc. Debt, against the Department of Human Services/DMHDD.............................. $52,679.00 Section 9. The following named amounts are appropriated to the Court of Claims from Federal Fund 052, Title III Social Security and Employment Service Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 93-CC-0099, DRF Realty, Inc. Debt, against the Department of Employment Security....... $1,155.00 No. 93-CC-0100, DRF Realty, Inc. Debt, against the Department of Employment Security....... $1,549.71 No. 98-CC-3899, American Express Tax and Business Service. Debt, against the Department of Employment Security........... $1,055.77 No. 98-CC-4336, Edward W. Ross. Debt, against the Department of Employment Security....... $8,914.75 No. 98-CC-5014, College of DuPage. Debt, against the Department of Employment Security....... $1,396.92 No. 98-CC-5125, United Airlines. Debt, against the Department of Employment Security....... $709.00
4824 JOURNAL OF THE [May 14, 1999] Section 10. The following named amounts are appropriated to the Court of Claims from State Fund 057, Illinois State Pharmacy Disciplinary Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-4930, Union 76. Debt, against the Department of Professional Regulation....... $93.09 Section 11. The following named amounts are appropriated to the Court of Claims from Federal Fund 063, Public Health Services Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 97-CC-3623, Lane North Shore, Inc. Debt, against the Department of Public Health..... $359.70 No. 98-CC-2739, Joanne Hodge-Williams. Debt, against the Department of Public Health..... $166.15 No. 98-CC-2740, Onetta Perry. Debt, against the Department of Public Health................. $195.58 No. 98-CC-2998, Mary Grant. Debt, against the Department of Public Health................. $177.06 No. 98-CC-3108, Susan Highway/Waisman Center. Debt, against the Department of Public Health...................................... $252.99 No. 98-CC-4411, Wayne County Health Department. Debt, against the Department of Public Health...................................... $747.94 No. 98-CC-4430, Diversified Services Network. Debt, against the Department of Public Health...................................... $1,960.00 No. 98-CC-4756, Onetta Perry. Debt, against the Department of Public Health................. $391.26 Section 12. The following named amounts are appropriated to the Court of Claims from Federal Fund 065, U.S. Environmental Protection Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 91-CC-0101, Forms World Stock Products. Debt, against the Environmental Protection Agency...................................... $516.44 No. 91-CC-0440, Forms World Stock Products. Debt, against the Environmental Protection Agency...................................... $176.29 No. 98-CC-3690, Baxter Healthcare Corporation. Debt, against the Environmental Protection Agency...................................... $3,400.00 No. 98-CC-4494, Color Fast Photo Lab. Debt, against the Environmental Protection Agency. $164.67 No. 98-CC-5110, AGA Gas, Inc. Debt, against the Environmental Protection Agency............. $34.68 Section 13. The following named amounts are appropriated to the Court of Claims from Federal Fund 081, Vocational Rehabilitation Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 96-CC-3014, IBM Corporation. Debt, against the Department of Human Services/DORS....... $62.50 No. 96-CC-3015, IBM Corporation. Debt, against the Department of Human Services/DORS....... $100.00 No. 96-CC-3016, IBM Corporation. Debt, against the Department of Human Services/DORS....... $59.00 No. 96-CC-4397, Janet Dere. Debt, against the Department of Human Services/DORS........... $70.58
HOUSE OF REPRESENTATIVES 4825 No. 98-CC-2543, Ellen D. Roth. Debt, against the Department of Human Services/DORS........... $55.00 No. 98-CC-2648, Computerland. Debt, against the Department of Human Services/DORS........... $44,350.00 No. 98-CC-2710, Ramada Congress Hotel. Debt, against the Department of Human Services/DORS............................... $2,824.35 No. 98-CC-2725, Ellis and Associates. Debt, against the Department of Human Services/DORS............................... $265.03 No. 98-CC-2948, IAM Cares. Debt, against the Department of Human Services/DORS........... $7,942.31 No. 98-CC-3160, Edward Birmingham. Debt, against the Department of Human Services/DORS....... $652.17 No. 98-CC-3180, Advance Business Products. Debt, against the Department of Human Services/DORS............................... $96.30 No. 98-CC-3311, Memorial Medical Center. Debt, against the Department of Human Services/DORS............................... $815.60 No. 98-CC-3473, Gerald R. Capadona. Debt, against the Department of Human Services/DORS............................... $185.40 No. 98-CC-3505, United Airlines, Inc. Debt, against the Department of Human Services/DORS............................... $222.00 No. 98-CC-3662, Southern Illinois Communication Service. Debt, against the Department of Human Services/DORS......................... $286.30 No. 98-CC-4103, Jewish Vocational Service. Debt, against the Department of Human Services/DORS............................... $9,144.29 No. 98-CC-4291, Linda Kreuger. Debt, against the Department of Human Services/DORS........... $250.00 No. 98-CC-4293, Kimberly L. Shubat. Debt, against the Department of Human Services/DORS............................... $120.00 No. 98-CC-4299, National Safety Council. Debt, against the Department of Human Services/DORS............................... $495.00 No. 98-CC-4454, Arrise. Debt, against the Department of Human Services/DORS........... $1,618.80 No. 98-CC-4619, Katherine Gardner. Debt, against the Department of Human Services/DORS....... $218.57 No. 98-CC-4628, Turner Subscription Agency. Debt, against the Department of Human Services/DORS............................... $476.68 No. 98-CC-4755, Linda Kreuger. Debt, against the Department of Human Services/DORS........... $440.00 No. 98-CC-4794, University of Illinois Hospital. Debt, against the Department of Human Services/DORS............................... $136.00 No. 98-CC-4902, Jon Lindvall. Debt, against the Department of Human Services/DORS........... $4,186.00 No. 99-CC-0045, Rebecca Portillo. Debt, against the Department of Human Services/DORS....... $345.34 Section 14. The following named amounts are appropriated to the Court of Claims from State Fund 093, Illinois State Medical Disciplinary Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows:
4826 JOURNAL OF THE [May 14, 1999] No. 97-CC-0168, Arvind K. Goyal. Debt, against Professional Regulation..................... $712.80 No. 98-CC-1142, Associates Capitol Bank. Debt, against Professional Regulation............. $44.85 No. 98-CC-4643, Alan J. Axelrod, M.D. Debt, against Professional Regulation............. $4,000.00 Section 15. The following named amounts are appropriated to the Court of Claims from State Fund 129, State Gaming Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-5274, WEFA, Inc. Debt, against the Illinois Gaming Board....................... $913.28 Section 16. The following named amounts are appropriated to the Court of Claims from Federal Fund 131, Planning Council on Developmental Disabilities Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 96-CC-3029, IBM Corporation. Debt, against the IL Planning Council on DD............... $70.00 Section 17. The following named amounts are appropriated to the Court of Claims from State Fund 141, Capital Development Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-4704, L & L Mechanical Contractors. Debt, against the Capital Development Board. $7,666.62 Section 18. The following named amounts are appropriated to the Court of Claims from State Fund 163, Weights and Measures Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-0312, Debo True Value Hardware. Debt, against the Department of Agriculture....... $21.59 Section 19. The following named amounts are appropriated to the Court of Claims from State Fund 215, Capital Development Board Revolving Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 96-CC-3730, Lori D. North. Debt, against the CDB......................................... $30.41 Section 20. The following named amounts are appropriated to the Court of Claims from State Fund 294, Used Tire Management Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-3120, Ace Hardware. Debt, against the Department of Public Health................. $19.74 No. 98-CC-5091, Union 76. Debt, against the Department of Public Health................. $24.27 Section 21. The following named amounts are appropriated to the Court of Claims from State Fund 304, Statistical Services Revolving Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 96-CC-3020, IBM Corporation. Debt, against CMS......................................... $502.50 No. 98-CC-4475, Novell, Inc. Debt, against CMS.. $17,364.06 No. 98-CC-4567, Killian & Associates, Inc. Debt, against CMS................................. $292.04 No. 98-CC-4664, SEPCO, Inc. Debt, against CMS... $938.00 Section 22. The following named amounts are appropriated to the Court of Claims from State Fund 309, Air Transportation Revolving Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims
HOUSE OF REPRESENTATIVES 4827 as follows: No. 98-CC-4705, Raytheon Aircraft Services, Inc. Debt, against the Department of Transportation.............................. $6,660.00 Section 23. The following named amounts are appropriated to the Court of Claims from State Fund 312, Communications Revolving Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-4346, Wabash Telephone Coop, Inc. Debt, against CMS........................... $115.55 No. 98-CC-4386, Wabash Telephone Coop, Inc. Debt, against CMS........................... $90.89 No. 98-CC-4387, Wabash Telephone Coop, Inc. Debt, against CMS........................... $90.89 No. 98-CC-4388, Wabash Telephone Coop, Inc. Debt, against CMS........................... $90.89 No. 98-CC-4389, Wabash Telephone Coop, Inc. Debt, against CMS........................... $90.89 No. 98-CC-4394, Wabash Telephone Coop, Inc. Debt, against CMS........................... $90.89 No. 98-CC-4395, Wabash Telephone Coop, Inc. Debt, against CMS........................... $90.89 No. 98-CC-4396, Wabash Telephone Coop, Inc. Debt, against CMS........................... $90.89 No. 98-CC-4397, Wabash Telephone Coop, Inc. Debt, against CMS........................... $90.89 No. 98-CC-4398, Wabash Telephone Coop, Inc. Debt, against CMS........................... $90.89 No. 98-CC-4630, Good Vibes Sound, Inc. Debt, against CMS................................. $65.00 No. 98-CC-4650, Good Vibes Sound, Inc. Debt, against CMS................................. $19.00 No. 99-CC-0033, GTE Wireless. Debt, against CMS.. $4,126.24 No. 99-CC-0202, NLETS. Debt, against CMS........ $675.76 Section 24. The following named amounts are appropriated to the Court of Claims from Federal Fund 343, Federal National Community Services Grant Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-3786, Delbert Arsenault. Debt, against DCCA........................................ $544.86 Section 25. The following named amounts are appropriated to the Court of Claims from State Fund 373, State Treasurer's Bank Services Trust Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-4997, LaSalle National Bank. Debt, against the State Treasurer................. $8,241.65 Section 26. The following named amounts are appropriated to the Court of Claims from Federal Fund 408, Special Purposes Trust Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-4431, Diversified Services Network, Inc. Debt, against the Department of Public Aid......................................... $4,826.50 Section 27. The following named amounts are appropriated to the Court of Claims from State Fund 421, Public Assistance Recoveries Trust Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows:
4828 JOURNAL OF THE [May 14, 1999] No. 97-CC-2101, Capitol Waste Systems. Debt, against the Department of Public Aid........ $1,472.09 No. 98-CC-3686, Inacom Information Systems. Debt, against the Department of Public Aid.. $2,349.00 No. 98-CC-4923 through 98-CC-4929, Computerland. Debt, against the Department of Public Aid.. $2,390.00 Section 28. The following named amounts are appropriated to the Court of Claims from Federal Fund 495, Old Age Survivors Insurance Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 90-CC-1515, Michael R. Triester, M.D. Debt, against the DHS: DORS....................... $110.00 No. 94-CC-2038, St. Mary's Hospital. Debt, against the DHS: DORS....................... $84.00 No. 94-CC-2039, St. Mary's Hospital. Debt, against the DHS: DORS....................... $40.00 No. 95-CC-0018, Jasper F. Williams, Jr., M.D. Debt, against the DHS: DORS................. $20.00 No. 96-CC-4369, William Dorsey, M.D. Debt, against the DHS: DORS....................... $125.00 No. 98-CC-1384, The Methodist Medical Center of Illinois. Debt, against the DHS:DORS........ $49.00 No. 98-CC-2460, Wood River Township Hospital. Debt, against the DHS:DORS.................. $27.00 No. 98-CC-2462, Wood River Township Hospital. Debt, against the DHS:DORS.................. $36.00 No. 98-CC-2463, Wood River Township Hospital. Debt, against the DHS:DORS.................. $36.00 No. 98-CC-2464, Wood River Township Hospital. Debt, against the DHS:DORS.................. $36.00 No. 98-CC-3034, Rachel A. Winters, M.D. Debt, against the DHS:DORS........................ $20.00 No. 98-CC-3376, Advanced Testing and Treatment, Inc. Debt, against the DHS:DORS............. $221.00 No. 98-CC-3441, Dugan and Carls. Debt, against the DHS:DORS................................ $29.00 No. 98-CC-3456, McLean Radiology Medical Group. Debt, against the DHS:DORS.................. $28.00 No. 98-CC-3604, SIU Department of Ophthalmology. Debt, against the DHS:DORS.................. $120.00 No. 98-CC-3636, Illinois SW Orthopedics, LTD. Debt, against the DHS:DORS.................. $105.00 No. 98-CC-3664, Southern IL Communication Service. Debt, against the DHS:DORS......... $87.20 No. 98-CC-3747, Edward J. Szewczyk, M.D. Debt, against the DHS:DORS........................ $120.00 No. 98-CC-3755, Christie Clinic. Debt, against the DHS:DORS................................ $20.00 No. 98-CC-3757, Christie Clinic. Debt, against the DHS:DORS................................ $20.00 No. 98-CC-3758, North Suburban Cardiology Group, LTD. Debt, against the DHS:DORS............. $90.00 No. 98-CC-3787, Christie Clinic. Debt, against the DHS:DORS................................ $20.00 No. 98-CC-3788, Christie Clinic. Debt, against the DHS:DORS................................ $20.00 No. 98-CC-3789, Christie Clinic. Debt, against the DHS:DORS................................ $20.00 No. 98-CC-3790, Christie Clinic. Debt, against the DHS:DORS................................ $20.00
HOUSE OF REPRESENTATIVES 4829 No. 98-CC-3892, Karl H. Laping, M.D. Debt, against the DHS:DORS........................ $90.00 No. 98-CC-3895, James C. Odam. Debt, against the DHS:DORS.................................... $66.00 No. 98-CC-3942, Christie Clinic. Debt, against the DHS:DORS................................ $20.00 No. 98-CC-3996, Southern IL Head Neck and Hearing SC. Debt, against the DHS:DORS...... $55.00 No. 98-CC-4101, Christie Clinic. Debt, against the DHS:DORS................................ $20.00 No. 98-CC-4191, St. Mary's Hospital. Debt, against the DHS:DORS........................ $55.00 No. 98-CC-4242, Massac Memorial Hospital. Debt, against the DHS:DORS........................ $99.00 No. 98-CC-4244, Mark Langgut, PH.D. Debt, against the DHS:DORS........................ $221.00 No. 98-CC-4245, Mark Langgut, PH.D. Debt, against the DHS:DORS........................ $221.00 No. 98-CC-4246, Mark Langgut, PH.D. Debt, against the DHS:DORS........................ $141.00 No. 98-CC-4247, Mark Langgut, PH.D. Debt, against the DHS:DORS........................ $121.00 No. 98-CC-4248, Mark Langgut, PH.D. Debt, against the DHS:DORS........................ $100.00 No. 98-CC-4249, Mark Langgut, PH.D. Debt, against the DHS:DORS........................ $221.00 No. 98-CC-4250, Mark Langgut, PH.D. Debt, against the DHS:DORS........................ $121.00 No. 98-CC-4251, Mark Langgut, PH.D. Debt, against the DHS:DORS........................ $121.00 No. 98-CC-4308, SOMA Medical Clinic. Debt, against the DHS:DORS........................ $105.00 No. 98-CC-4418, Jose K. Villegas, M.D. Debt, against the DHS:DORS........................ $105.00 No. 98-CC-4422, Yatin M. Shah, M.D. Debt, against the DHS:DORS........................ $105.00 No. 98-CC-4445, Richland Radiology. Debt, against the DHS:DORS........................ $17.00 No. 98-CC-4455, Cape Girardeau Physician Assoc. Debt, against the DHS:DORS.................. $146.00 No. 98-CC-4456, Cape Girardeau Physician Assoc. Debt, against the DHS:DORS.................. $121.00 No. 98-CC-4459, Aziz Rahman, M.D. Debt, against the DHS:DORS................................ $20.00 No. 98-CC-4485, Saint Mary's Hospital. Debt, against the DHS:DORS........................ $105.00 No. 98-CC-4501, St. Louis Hearing-Speech Center. Debt, against the DHS:DORS.................. $96.25 No. 98-CC-4505, Memorial Hospital of Carbondale. Debt, against the DHS:DORS.................. $95.00 No. 98-CC-4533, Decatur Memorial Hospital. Debt, against the DHS:DORS........................ $27.00 No. 98-CC-4707, Anthony L. Brown, M.D. Debt, against the DHS:DORS........................ $125.00 No. 98-CC-4898, Health Evaluation Centers. Debt, against the DHS:DORS........................ $1,224.00 No. 98-CC-4970, Edward A. Utlaut Memorial Hospital. Debt, against the DHS:DORS........ $86.00 No. 98-CC-5030, Sarah Bush Lincoln Hospital. Debt, against the DHS:DORS.................. $27.00
4830 JOURNAL OF THE [May 14, 1999] No. 98-CC-5031, Sarah Bush Lincoln Hospital. Debt, against the DHS:DORS.................. $9.00 No. 98-CC-5071, University Neurologists. Debt, against the DHS:DORS........................ $105.00 No. 98-CC-5277, Jivan K. Patel, M.D. Debt, against the DHS:DORS........................ $105.00 No. 99-CC-0065, Christie Clinic Association. Debt, against the DHS:DORS.................. $80.00 Section 29. The following named amounts are appropriated to the Court of Claims from Federal Fund 561, SBE Federal Department of Education Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-1484, Rockford Public Schools, District 205. Debt, against the State Board of Education................................ $1,929.09 No. 98-CC-3820, PAH RSI LLC DBA: Radisson Hotel Northbrook. Debt, against the State Board of Education................................... $1,002.00 No. 98-CC-4036, Kankakee School District 111. Debt, against the State Board of Education.. $1,738.31 No. 98-CC-4724, Joan Solms. Debt, against the State Board of Education.................... $75.00 No. 98-CC-4964, National Assoc. for Bilingual Education. Debt, against the State Board of Education................................... $175.00 No. 99-CC-0314, Eurest Dining Services. Debt, against the State Board of Education........ $113.20 Section 30. The following named amounts are appropriated to the Court of Claims from State Fund 608, Conservation 2000 Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-4027, IL Correctional Industries. Debt, against the Environmental Protection Agency...................................... $33.24 Section 31. The following named amounts are appropriated to the Court of Claims from Federal Fund 646, Alcoholism and Substance Abuse Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-3791, U of I Board of Trustees. Debt, against the DHS:DASA........................ $38,566.50 Section 32. The following named amounts are appropriated to the Court of Claims from State Fund 690, DMH/DD Private Resources Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-4177, North Central Regional Educational Laboratory. Debt, against the DHS:DORS.................................... $5,824.75 Section 33. The following named amounts are appropriated to the Court of Claims from Federal Fund 700, USDA Women, Infants & Children Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-3303, Peoria City/County Health Department. Debt, against the Department of Public Health............................... $567.36 Section 34. The following named amounts are appropriated to the Court of Claims from State Fund 711, State Lottery Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows:
HOUSE OF REPRESENTATIVES 4831 No. 98-CC-5097, Shell Oil Company. Debt, against the Department of the Lottery............... $14.72 No. 98-CC-3539, JF Fisher and Company. Debt, against the Department of the Lottery....... $4,888.00 Section 35. The following named amounts are appropriated to the Court of Claims from State Fund 762, Local Initiative Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 96-CC-2938, Aunt Martha's Youth Service Center, Inc. Debt, against the DCFS and the Department of Public Aid.................... $1,124.72 Section 36. The following named amounts are appropriated to the Court of Claims from Federal Fund 798, Rehab Services Elementary/Secondary Education Act Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-1251, Enabling Technologies Company. Debt, against the DHS....................... $20,235.70 No. 99-CC-1252, Enabling Technologies Company. Debt, against the DHS....................... $9,995.00 Section 37. The following named amounts are appropriated to the Court of Claims from State Fund 828, Hazardous Waste Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-4634, Smith Environmental Technologies Corp. Debt, against the EPA................. $11,701.38 Section 38. The following named amounts are appropriated to the Court of Claims from Federal Fund 872, Maternal and Child Health Services Block Grant Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-3509 & 98-CC-3510, United Airlines, Inc. Debt, against the Department of Public Health...................................... $333.00 No. 98-CC-3565, United Airlines, Inc. Debt, against the Department of Public Health..... $222.00 No. 98-CC-4535, Ameridata/GE Capital Solutions. Debt, against the Department of Public Health...................................... $1,104.00 Section 39. The following named amounts are appropriated to the Court of Claims from State Fund 879, Traffic & Criminal Surcharge Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-3630 & 98-CC-3631, Village of South Holland. Debt, against the Law Enforcement Officers Training & Standards Board......... $5,275.80 No. 98-CC-4367, McHenry City Police Department. Debt, against the Law Enforcement Officers Training & Standards Board.................. $6,983.20 No. 98-CC-4627, City of Plano Police Department. Debt, against the Law Enforcement Officers Training & Standards Board.................. $1,820.59 Section 40. The following named amounts are appropriated to the Court of Claims from Federal Fund 883, Intra-Agency Services Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 91-CC-0438, Forms World Stock Products. Debt, against the Department of Commerce and Community Affairs........................... $100.88
4832 JOURNAL OF THE [May 14, 1999] Section 41. The following named amounts are appropriated to the Court of Claims from State Fund 903, State Surplus Property Revolving Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-4641, Mobil Credit Finance Corporation. Debt, against CMS.............. $103.29 Section 42. The following named amounts are appropriated to the Court of Claims from State Fund 906, State Police Services Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-1156, Associates Capital Bank. Debt, against the State Police.................... $161.23 No. 98-CC-2223, Phillips 66 Company. Debt, against the State Police.................... $220.87 Section 43. The following named amounts are appropriated to the Court of Claims from State Fund 922, Insurance Producer Administration Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 96-CC-3024, IBM Corporation. Debt, against the Department of Insurance................. $34.10 Section 44. The following named amounts are appropriated to the Court of Claims from State Fund 957, Child Support Enforcement Trust Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 91-CC-3364, Hinckley and Schmitt. Debt, against the Department of Public Aid........ $68.25 No. 97-CC-2102, Capitol Waste Systems. Debt, against the Department of Public Aid........ $1,801.23 No. 98-CC-0786, Robert Pizano. Debt, against the Department of Public Aid.................... $96.30 No. 98-CC-4670, David R. Lacure & Associates. Debt, against the Department of Public Aid.. $379.00 No. 98-CC-4923 through 98-CC-4929, Computerland. Debt, against the Department of Public Aid.. $8,038.00 Section 45. The following named amounts are appropriated to the Court of Claims from State Fund 980, Manteno Veterans' Home Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 96-CC-2963, St. Mary's Hospital. Debt, against the Department of Veterans' Affairs. $84.38 No. 96-CC-2966, St. Mary's Hospital. Debt, against the Department of Veterans' Affairs. $320.90 No. 96-CC-2967, St. Mary's Hospital. Debt, against the Department of Veterans' Affairs. $696.00 No. 96-CC-2968, St. Mary's Hospital. Debt, against the Department of Veterans' Affairs. $160.45 No. 96-CC-2969, St. Mary's Hospital. Debt, against the Department of Veterans' Affairs. $160.45 No. 96-CC-2970, St. Mary's Hospital. Debt, against the Department of Veterans' Affairs. $590.90 No. 96-CC-3045, St. Mary's Hospital. Debt, against the Department of Veterans' Affairs. $286.45 No. 96-CC-3047, St. Mary's Hospital. Debt, against the Department of Veterans' Affairs. $314.90 No. 96-CC-3087, St. Mary's Hospital. Debt, against the Department of Veterans' Affairs. $727.03 No. 96-CC-3089, St. Mary's Hospital. Debt, against the Department of Veterans' Affairs. $320.90
HOUSE OF REPRESENTATIVES 4833 Section 46. The following named amounts are appropriated to the Court of Claims from State Fund 997, Insurance Financial Regulation Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 96-CC-3024, IBM Corporation. Debt, against the Department of Insurance................. $39.40 Section 99. Effective date. This Act takes effect immediately upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2527 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 2713 A bill for AN ACT regarding managed care. 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. 2713. Senate Amendment No. 2 to HOUSE BILL NO. 2713. Senate Amendment No. 3 to HOUSE BILL NO. 2713. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2713 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Insurance Code is amended by changing Section 370b as follows: (215 ILCS 5/370b) (from Ch. 73, par. 982b) Sec. 370b. Timely reimbursement on equal basis. Notwithstanding any provision of any individual or group policy of accident and health insurance, or any provision of a policy, contract, plan or agreement for hospital or medical service or indemnity, wherever such policy, contract, plan or agreement provides for reimbursement for any service provided by persons licensed under the Medical Practice Act of 1987 or the Podiatric Medical Practice Act of 1987, the person entitled to benefits or person performing services under such policy, contract, plan or agreement is entitled to reimbursement on an equal basis for such service, when the service is performed by a person licensed under the Medical Practice Act of 1987 or the Podiatric Medical Practice Act of 1987. The provisions of this Section do not apply to any policy, contract, plan or agreement in effect prior to September 19, 1969 or to preferred provider arrangements or benefit
4834 JOURNAL OF THE [May 14, 1999] agreements. (Source: P.A. 90-14, eff. 7-1-97.)". AMENDMENT NO. 2. Amend House Bill 2713, AS AMENDED, by replacing the title with the following: "AN ACT concerning payment for medical services, amending named Acts."; and by replacing everything after the enacting clause with the following: "Section 5. The State Employees Group Insurance Act of 1971 is amended by adding Section 6.12 as follows: (5 ILCS 375/6-12 new) Sec. 6.12. Payment for services. The program of health benefits is subject to the provisions of Section 356y of the Illinois Insurance Code. Section 10. The Illinois Insurance Code is amended by adding Section 356y and changing Sections 357.9 and 370a as follows: (215 ILCS 5/356y new) Sec. 356y. Timely payment for health care services. (a) This Section applies to insurers, health maintenance organizations, managed care plans, health care plans, preferred provider organizations, third party administrators, independent practice associations, and physician-hospital organizations (hereinafter referred to as "payors") that provide periodic payments, which are payments not requiring a claim, bill, capitation encounter data, or capitation reconciliation reports, such as prospective capitation payments, to health care professionals and health care facilities to provide medical or health care services for insureds or enrollees. (1) A payor shall make periodic payments in accordance with item (3). Failure to make periodic payments within the period of time specified in item (3) shall entitle the health care professional or health care facility to interest at the rate of 9% per year from the date payment was required to be made to the date of the late payment, provided that interest amounting to less than $1 need not be paid. Any required interest payments shall be made within 30 days after the payment. (2) When a payor requires selection of a health care professional or health care facility, the selection shall be completed by the insured or enrollee no later than 30 days after enrollment. The payor shall provide written notice of this requirement to all insureds and enrollees. Nothing in this Section shall be construed to require a payor to select a health care professional or health care facility for an insured or enrollee. (3) A payor shall provide the health care professional or health care facility with notice of the selection as a health care professional or health care facility by an insured or enrollee and the effective date of the selection within 60 calendar days after the selection. No later than the 60th day following the date an insured or enrollee has selected a health care professional or health care facility or the date that selection becomes effective, whichever is later, or in cases of retrospective enrollment only, 30 days after notice by an employer to the payor of the selection, a payor shall begin periodic payment of the required amounts to the insured's or enrollee's health care professional or health care facility, or the designee of either, calculated from the date of selection or the date the selection becomes effective, whichever is later. All subsequent payments shall be made in accordance with a monthly periodic cycle. (b) Notwithstanding any other provision of this Section,
HOUSE OF REPRESENTATIVES 4835 independent practice associations and physician-hospital organizations shall begin making periodic payment of the required amounts within 60 days after an insured or enrollee has selected a health care professional or health care facility or the date that selection becomes effective, whichever is later. Before January 1, 2001, subsequent periodic payments shall be made in accordance with a 60-day periodic schedule, and after December 31, 2000, subsequent periodic payments shall be made in accordance with a monthly periodic schedule. Notwithstanding any other provision of this Section, independent practice associations and physician-hospital organizations shall make all other payments for health services within 60 days after receipt of due proof of loss received before January 1, 2001 and within 30 days after receipt of due proof of loss received after December 31, 2000. Independent practice associations and physician-hospital organizations shall notify the insured, insured's assignee, health care professional, or health care facility of any failure to provide sufficient documentation for a due proof of loss within 30 days after receipt of the claim for health services. Failure to pay within the required time period shall entitle the payee to interest at the rate of 9% per year from the date the payment is due to the date of the late payment, provided that interest amounting to less that $1 need not be paid. Any required interest payments shall be made within 30 days after the payment. (c) All insurers, health maintenance organizations, managed care plans, health care plans, preferred provider organizations, and third party administrators shall ensure that all claims and indemnities concerning health care services other than for any periodic payment shall be paid within 30 days after receipt of due written proof of such loss. An insured, insured's assignee, health care professional, or health care facility shall be notified of any failure to provide sufficient documentation for a due proof of loss within 30 days after receipt of the claim for health care services. Failure to pay within such period shall entitle the payee to interest at the rate of 9% per year from the 30th day after receipt of such proof of loss to the date of late payment, provided that interest amounting to less than one dollar need not be paid. Any required interest payments shall be made within 30 days after the payment. (d) The Department shall enforce the provisions of this Section pursuant to the enforcement powers granted to it by law. (e) The Department is hereby granted specific authority to issue a cease and desist order, fine, or otherwise penalize independent practice associations and physician-hospital organizations that violate this Section. The Department shall adopt reasonable rules to enforce compliance with this Section by independent practice associations and physician-hospital organizations. (215 ILCS 5/357.9) (from Ch. 73, par. 969.9) Sec. 357.9. "TIME OF PAYMENT OF CLAIMS: Indemnities payable under this policy for any loss other than loss for which this policy provides any periodic payment will be paid immediately upon receipt of due written proof of such loss. Subject to due written proof of loss, all accrued indemnities for loss for which this policy provides periodic payment will be paid .... (insert period for payment which must not be less frequently than monthly) and any balance remaining unpaid upon the termination of liability, will be paid immediately upon receipt of due written proof." All claims and indemnities payable under the terms of a policy of accident and health insurance shall be paid within 30 days following receipt by the insurer of due proof of loss. Failure to pay within such period shall entitle the insured to interest at the rate of 9 per cent per annum from the 30th day after receipt of such proof of
4836 JOURNAL OF THE [May 14, 1999] loss to the date of late payment, provided that interest amounting to less than one dollar need not be paid. An insured or an insured's assignee shall be notified by the insurer, health maintenance organization, managed care plan, health care plan, preferred provider organization, or third party administrator of any failure to provide sufficient documentation for a due proof of loss within 30 days after receipt of the claim. Any required interest payments shall be made within 30 days after the payment. The requirements of this Section shall apply to any policy of accident and health insurance delivered, issued for delivery, renewed or amended on or after 180 days following the effective date of this amendatory Act of 1985. The requirements of this Section also shall specifically apply to any group policy of dental insurance only, delivered, issued for delivery, renewed or amended on or after 180 days following the effective date of this amendatory Act of 1987. (Source: P.A. 85-395.) (215 ILCS 5/370a) (from Ch. 73, par. 982a) Sec. 370a. Assignability of Accident and Health Insurance. No provision of the Illinois Insurance Code, or any other law, prohibits an insured under any policy of accident and health insurance or any other person who may be the owner of any rights under such policy from making an assignment of all or any part of his rights and privileges under the policy including but not limited to the right to designate a beneficiary and to have an individual policy issued in accordance with its terms. Subject to the terms of the policy or any contract relating thereto, an assignment by an insured or by any other owner of rights under the policy, made before or after the effective date of this amendatory Act of 1969 is valid for the purpose of vesting in the assignee, in accordance with any provisions included therein as to the time at which it is effective, all rights and privileges so assigned. However, such assignment is without prejudice to the company on account of any payment it makes or individual policy it issues before receipt of notice of the assignment. This amendatory Act of 1969 acknowledges, declares and codifies the existing right of assignment of interests under accident and health insurance policies. If an enrollee or insured of an insurer, health maintenance organization, managed care plan, health care plan, preferred provider organization, or third party administrator assigns a claim to a health care professional or health care facility, then payment shall be made directly to the health care professional or health care facility including any interest required under Section 356y of this Code for failure to pay claims within 30 days after receipt by the insurer of due proof of loss. Nothing in this Section shall be construed to prevent any parties from reconciling duplicate payments. (Source: P. A. 76-1709.) Section 15. The Health Maintenance Organization Act is amended by changing Section 5-3 as follows: (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2) Sec. 5-3. Insurance Code provisions. (a) Health Maintenance Organizations shall be subject to the provisions of Sections 133, 134, 137, 140, 141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 355.2, 356m, 356v, 356w, 356x, 356y, 367i, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection (2) of Section 367, and Articles VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the Illinois Insurance Code. (b) For purposes of the Illinois Insurance Code, except for Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health Maintenance Organizations in the following categories are deemed to be "domestic companies":
HOUSE OF REPRESENTATIVES 4837 (1) a corporation authorized under the Dental Service Plan Act or the Voluntary Health Services Plans Act; (2) a corporation organized under the laws of this State; or (3) a corporation organized under the laws of another state, 30% or more of the enrollees of which are residents of this State, except a corporation subject to substantially the same requirements in its state of organization as is a "domestic company" under Article VIII 1/2 of the Illinois Insurance Code. (c) In considering the merger, consolidation, or other acquisition of control of a Health Maintenance Organization pursuant to Article VIII 1/2 of the Illinois Insurance Code, (1) the Director shall give primary consideration to the continuation of benefits to enrollees and the financial conditions of the acquired Health Maintenance Organization after the merger, consolidation, or other acquisition of control takes effect; (2)(i) the criteria specified in subsection (1)(b) of Section 131.8 of the Illinois Insurance Code shall not apply and (ii) the Director, in making his determination with respect to the merger, consolidation, or other acquisition of control, need not take into account the effect on competition of the merger, consolidation, or other acquisition of control; (3) the Director shall have the power to require the following information: (A) certification by an independent actuary of the adequacy of the reserves of the Health Maintenance Organization sought to be acquired; (B) pro forma financial statements reflecting the combined balance sheets of the acquiring company and the Health Maintenance Organization sought to be acquired as of the end of the preceding year and as of a date 90 days prior to the acquisition, as well as pro forma financial statements reflecting projected combined operation for a period of 2 years; (C) a pro forma business plan detailing an acquiring party's plans with respect to the operation of the Health Maintenance Organization sought to be acquired for a period of not less than 3 years; and (D) such other information as the Director shall require. (d) The provisions of Article VIII 1/2 of the Illinois Insurance Code and this Section 5-3 shall apply to the sale by any health maintenance organization of greater than 10% of its enrollee population (including without limitation the health maintenance organization's right, title, and interest in and to its health care certificates). (e) In considering any management contract or service agreement subject to Section 141.1 of the Illinois Insurance Code, the Director (i) shall, in addition to the criteria specified in Section 141.2 of the Illinois Insurance Code, take into account the effect of the management contract or service agreement on the continuation of benefits to enrollees and the financial condition of the health maintenance organization to be managed or serviced, and (ii) need not take into account the effect of the management contract or service agreement on competition. (f) Except for small employer groups as defined in the Small Employer Rating, Renewability and Portability Health Insurance Act and except for medicare supplement policies as defined in Section 363 of the Illinois Insurance Code, a Health Maintenance Organization may by contract agree with a group or other enrollment unit to effect
4838 JOURNAL OF THE [May 14, 1999] refunds or charge additional premiums under the following terms and conditions: (i) the amount of, and other terms and conditions with respect to, the refund or additional premium are set forth in the group or enrollment unit contract agreed in advance of the period for which a refund is to be paid or additional premium is to be charged (which period shall not be less than one year); and (ii) the amount of the refund or additional premium shall not exceed 20% of the Health Maintenance Organization's profitable or unprofitable experience with respect to the group or other enrollment unit for the period (and, for purposes of a refund or additional premium, the profitable or unprofitable experience shall be calculated taking into account a pro rata share of the Health Maintenance Organization's administrative and marketing expenses, but shall not include any refund to be made or additional premium to be paid pursuant to this subsection (f)). The Health Maintenance Organization and the group or enrollment unit may agree that the profitable or unprofitable experience may be calculated taking into account the refund period and the immediately preceding 2 plan years. The Health Maintenance Organization shall include a statement in the evidence of coverage issued to each enrollee describing the possibility of a refund or additional premium, and upon request of any group or enrollment unit, provide to the group or enrollment unit a description of the method used to calculate (1) the Health Maintenance Organization's profitable experience with respect to the group or enrollment unit and the resulting refund to the group or enrollment unit or (2) the Health Maintenance Organization's unprofitable experience with respect to the group or enrollment unit and the resulting additional premium to be paid by the group or enrollment unit. In no event shall the Illinois Health Maintenance Organization Guaranty Association be liable to pay any contractual obligation of an insolvent organization to pay any refund authorized under this Section. (Source: P.A. 89-90, eff. 6-30-95; 90-25, eff. 1-1-98; 90-177, eff. 7-23-97; 90-372, eff. 7-1-98; 90-583, eff. 5-29-98; 90-655, eff. 7-30-98; 90-741, eff. 1-1-99; revised 9-8-98.) Section 20. The Limited Health Service Organization Act is amended by changing Section 4003 as follows: (215 ILCS 130/4003) (from Ch. 73, par. 1504-3) Sec. 4003. Illinois Insurance Code provisions. Limited health service organizations shall be subject to the provisions of Sections 133, 134, 137, 140, 141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 355.2, 356v, 356y, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1 and Articles VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the Illinois Insurance Code. For purposes of the Illinois Insurance Code, except for Sections 444 and 444.1 and Articles XIII and XIII 1/2, limited health service organizations in the following categories are deemed to be domestic companies: (1) a corporation under the laws of this State; or (2) a corporation organized under the laws of another state, 30% of more of the enrollees of which are residents of this State, except a corporation subject to substantially the same requirements in its state of organization as is a domestic company under Article VIII 1/2 of the Illinois Insurance Code. (Source: P.A. 90-25, eff. 1-1-98; 90-583, eff. 5-29-98; 90-655, eff. 7-30-98.) Section 25. The Voluntary Health Services Plans Act is amended by changing Section 10 as follows:
HOUSE OF REPRESENTATIVES 4839 (215 ILCS 165/10) (from Ch. 32, par. 604) Sec. 10. Application of Insurance Code provisions. Health services plan corporations and all persons interested therein or dealing therewith shall be subject to the provisions of Article XII 1/2 and Sections 3.1, 133, 140, 143, 143c, 149, 354, 355.2, 356r, 356t, 356u, 356v, 356w, 356x, 356y, 367.2, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of Section 367 of the Illinois Insurance Code. (Source: P.A. 89-514, eff. 7-17-96; 90-7, eff. 6-10-97; 90-25, eff. 1-1-98; 90-655, eff. 7-30-98; 90-741, eff. 1-1-99.) Section 99. Effective date. This Act takes effect 120 days after becoming law.". AMENDMENT NO. 3. Amend House Bill 2713, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 2, on page 4, line 15, before "failure", by inserting "known"; and on page 5, line 22, before "failure", by inserting "known". The foregoing message from the Senate reporting Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 2713 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 2790 A bill for AN ACT to amend the Illinois Civil Administrative Code by adding Section 55.58a. 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. 2790. Passed the Senate, as amended, May 14, 1999. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2790 on page 1, by replacing line 9 with the following: "The Department, in cooperation with the Illinois Health Care Association, Life Services Network of Illinois, the Illinois Council on Long Term Care, the County Nursing Home Association, organized labor, the Illinois Community College Board, the Southern Illinois University at Carbondale Department of Workforce Education, the Illinois State Board of Education, and the Department on Aging Ombudsman Program, shall undertake a study to determine what". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2790 was placed on the Calendar on the order of Concurrence.
4840 JOURNAL OF THE [May 14, 1999] 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 amendments to a bill of the following title, to-wit: SENATE BILL 19 A bill for AN ACT regarding child support enforcement. House Amendment No. 1 to Senate Bill No. 19. House Amendment No. 2 to Senate Bill No. 19. House Amendment No. 3 to Senate Bill No. 19. Action taken by the Senate, May 14, 1999. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their refusal to concur in House Amendments numbered 1, 2 and 3 to SENATE BILL 19 was placed in the Committee on Rules. 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 24 A bill for AN ACT to encourage the development of cogeneration and self-generation of electricity. House Amendment No. 1 to Senate Bill No. 24. Action taken by the Senate, May 14, 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 24 was placed in the Committee on Rules. 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 338
HOUSE OF REPRESENTATIVES 4841 A bill for AN ACT concerning refunds of insurance premium taxes. House Amendment No. 1 to Senate Bill No. 338. Action taken by the Senate, May 14, 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 338 was placed in the Committee on Rules. 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 457 A bill for AN ACT to amend the Illinois Plumbing License Law. House Amendment No. 2 to Senate Bill No. 457. Action taken by the Senate, May 14, 1999. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their refusal to concur in House Amendment No. 2 to SENATE BILL 457 was placed in the Committee on Rules. 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 amendments to a bill of the following title, to-wit: SENATE BILL 648 A bill for AN ACT concerning charter schools, amending named Acts. House Amendment No. 1 to Senate Bill No. 648. House Amendment No. 2 to Senate Bill No. 648. Action taken by the Senate, May 14, 1999. Jim Harry, Secretary of the Senate
4842 JOURNAL OF THE [May 14, 1999] The foregoing message from the Senate reporting their refusal to concur in House Amendments numbered 1 and 2 to SENATE BILL 648 was placed in the Committee on Rules. 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. 1966 A bill for AN ACT in relation to State's Attorney's salaries. HOUSE BILL NO. 2023 A bill for AN ACT to amend the Environmental Protection Act by adding Section 58.15. HOUSE BILL NO. 2147 A bill for AN ACT to amend the Illinois Promotion Act. HOUSE BILL NO. 2219 A bill for AN ACT to create the offense of aggravated domestic battery, amending named Acts. HOUSE BILL NO. 2826 A bill for AN ACT in relation to livestock, amending named Acts. Passed by the Senate, May 13, 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 in the passage of bills of the following titles to-wit: HOUSE BILL NO. 470 A bill for AN ACT to amend the School Code by changing Section 3-11. HOUSE BILL NO. 1252 A bill for AN ACT to amend the Service Contract Act by changing Section 10. Passed by the Senate, May 14, 1999. Jim Harry, Secretary of the Senate REPORTS FROM STANDING COMMITTEES Representative Woolard, Chairperson, from the Committee on Elementary & Secondary Education to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Motion be reported "be approved for consideration" and placed on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 2020. The committee roll call vote on Motion to Concur in Senate Amendment No. 1 to HOUSE BILL 2020 is as follows:
HOUSE OF REPRESENTATIVES 4843 20, Yeas; 0, Nays; 0, Answering Present. Y Woolard, Chair Y Johnson, Tom Y Bassi Y Jones, John Y Cowlishaw, Spkpn Y Krause Y Crotty Y Mitchell, Jerry A Curry, Julie Y Moffitt Y Davis, Monique, Vice-Chair A Mulligan A Delgado Y Murphy Y Fowler Y O'Brien Y Garrett Y Persico Y Giles Y Scully Y Hoeft Y Smith, Michael Y Winkel 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 26. The committee roll call vote on Amendment No. 2 to SENATE BILL 26 is as follows: 8, Yeas; 7, Nays; 0, Answering Present. y Burke, Chair y Fritchey, Vice-Chair (O'Brien) y Acevedo n Hassert n Beaubien y Jones, Lou n Biggins y Lopez y Bradley n Pankau y Bugielski n Poe, Spkpn y Capparelli N Rutherford N 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": Amendments numbered 2 and 3 to SENATE BILL 349. The committee roll call vote on Amendment No. 2 to SENATE BILL 349 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 The committee roll call vote on Amendment No. 3 to SENATE BILL 349 is as follows: 7, Yeas; 0, Nays; 1, Answering Present. Y Dart, Chair A Lang P Brosnahan Y Mathias Y Hamos Y Meyer Y Hoffman Y Scott, Vice-Chair A Klingler Y Turner, John, Spkpn
4844 JOURNAL OF THE [May 14, 1999] A Wait Representative Pugh, Chairperson, from the Committee on Revenue 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 37. The committee roll call vote on Amendment No. 2 to SENATE BILL 37 is as follows: 7, Yeas; 1, Nays; 0, Answering Present. Y Pugh, Chair Y Currie Y Beaubien Y Granberg N Biggins Y Mautino, Vice-Chair Y Cross (Mulligan) Y Moore, Andrea, Spkpn (Lawfer) A Turner, Art 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. 7 to SENATE BILL 1032. The committee roll call vote on Amendment No. 7 to SENATE BILL 1032 is as follows: 14, Yeas; 0, Nays; 1, Answering Present. Y Scott, Chair Y McCarthy, Vice-Chair Y Bassi Y McKeon Y Dart Y O'Connor Y Garrett P Parke Y Harris Y Slone Y Mathias, Spkpn Y Winters Y McAuliffe Y Younge Y Zickus INTRODUCTION AND FIRST READING OF BILLS The following bill was introduced, read by title a first time, ordered printed and placed in the Committee on Rules: HOUSE BILL 2869. Introduced by Representative Madigan, a bill for AN ACT to amend the Illinois Pension Code. AGREED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 300 Offered by Representatives Howard and Stroger: WHEREAS, Felix J. Kirkpatrick, Jr., of Chicago died on February 28, 1999 at Christ Hospital in Oak Lawn due to injuries received in an automobile accident; and WHEREAS, He was born in Fort Worth, Texas, on July 18, 1915, the
HOUSE OF REPRESENTATIVES 4845 son of Felix and Maudell Kirkpatrick; he moved to Chicago with his family at an early age; and WHEREAS, He graduated from Englewood High School and enrolled at the Armour Institute of Technology, where he was one of only three African-American students, to receive training in electrical engineering; he entered West Point Academy and always ranked in the upper third of his class; he left the Academy when his sponsor left office; and WHEREAS, He returned to Chicago where he became interested in flying; he was licensed as a pilot under the Civilian Pilot Training Program and worked as an airway traffic controller for the Civil Aeronautics Authority; and WHEREAS, He entered the United States Army Air Corps and trained at Tuskegee Army Air Field in Tuskegee, Alabama; he was a flight leader of the 302nd fighter squadron; during his military career, he flew 70 long range escort missions and was credited with downing one enemy aircraft; he was awarded the Air Medal with five Oak Leaf Clusters and the Distinguished Flying Cross; after the war, he remained in service, first as a Flight Leader at Godman Field, Kentucky and later as Assistant Base Operations Officer at Lockbourne Air Force Base, Columbus, Ohio; he retired from the Air Force in 1949, with the rank of Major; and WHEREAS, He went on to become a sales representative with Pabst Brewing Company in Saint Louis and later the director of veterans programs for the Chicago Department of Human Resources, retiring in 1987; and WHEREAS, He was past president of the Chicago chapter of the Tuskegee Airmen and spoke to school children in the Chicago area, Minnesota, and Virginia about his experiences in World War II; and WHEREAS, Survivors include his sons, Felix III and Perry; his daughter, Jewel; and three grandchildren; and WHEREAS, He will be inducted into the Illinois Aviation Hall of Fame on Saturday, May 15, 1999, at Frasca Field in Champaign, Illinois; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we join in paying tribute to Felix J. Kirkpatrick, Jr., as he is inducted into the Illinois Aviation Hall of Fame and offer our sincere condolences to his family and friends; and be it further RESOLVED, That suitable copies of this resolution be presented to his family. HOUSE RESOLUTION 302 Offered by Representative Stephens - Bost - John Jones - Lawfer - Meyer: WHEREAS, The members of the Illinois House of Representatives wish to congratulate Albert "Bert" Daniels for being selected as Grand Marshal for the 81st Annual Elmhurst Memorial Day Parade, to be held on May 31, 1999; and WHEREAS, Mr. Daniels is the proud father of State Representative Lee Daniels, as well as seven other children; he met his wife, Evelyn, when they both attended York Community High School; and WHEREAS, In a ceremony to be held at the end of the parade route, at the Veterans Memorial, Mr. Daniels and three other combat veterans of World War II will be honored for their active duty and service to their country; In addition, 25 survivors of the Normandy invasion will attend the ceremony; and WHEREAS, Mr. Daniels attended Michigan State College, now Michigan State University, and graduated in 1941 from the School of Police Administration; in 1943 he made plans to attend the Detroit
4846 JOURNAL OF THE [May 14, 1999] Law School, but his plans changed when he was commissioned as an ensign in the United States Navy; and WHEREAS, Like most young couples of their generation, Bert and Evelyn had better things to do than fight a war; and WHEREAS, A whole generation shared dreams and aspirations of living the American dream; but history was about to change millions of dreams to nightmares; and WHEREAS, The United States was drawn into war in Europe and in the Pacific and Bert Daniels and thousands like him answered the summons of the trumpet; and WHEREAS, Bert Daniels and his generation knew their duty and thus a whole generation of brave Americans marched forward to win the war; and WHEREAS, Mr. Daniels was first sent to Princeton, New Jersey, for indoctrination; he then reported to the naval base in San Francisco and after a week went on to Honolulu, where he reported for duty to the USS Frazier DD 607, a Bristol Class Destroyer; and WHEREAS, Mr. Daniels reported to the ship at Pearl Harbor, where he met Captain Fletcher and was assigned as a communications officer; Mr. Daniels went on to many encounters in the Pacific, from surviving three typhoons, mines, torpedoes, kamikaze pilots, to escorting General Douglas MacArthur and the USS Enterprise in the invasion of the Philippines; and WHEREAS, Toward the end of World War II, Mr. Daniels destroyer was assigned to General MacArthur and aided in a memorial service held in Manila Bay as the flagship for the services; Mr. Daniels spent a year and a half in the South Pacific, and was discharged as a lieutenant junior grade; and WHEREAS, A recent book written by Tom Brokaw is titled "The Greatest Generation" in honor of men and women just like Bert and Evelyn Daniels; and WHEREAS, When the war had been won, Bert and many thousands more just like him left the horror and the losses behind and came home to a hero's welcome; and WHEREAS, Many soldiers, sailors, airmen, and Marines were honored with parades, while others like Bert received a hero's welcome after marching up the sidewalk; and WHEREAS, While Lieutenant J.G. Daniels had been on a ship for almost two years, Evelyn kept his Navy picture clearly displayed, allowing the children, including Lee A. Daniels, then three years old, a constant reminder of their dad; and WHEREAS, When Mr. Bert Daniels entered his home in Elmhurst, Evelyn hugged him and said "Children, daddy is home," at which time Lee began to cry and said "You're not my daddy!" and, pointing at the picture he knew so well, said "That's my daddy!"; Of course, the photo and the sailor were one and the same, but Lee had no memory of his "daddy" except the picture; and WHEREAS, Mr. Daniels returned to Elmhurst and finished his education; he graduated from Kent College, and went on to practice law until 1991; and WHEREAS, Mr. Daniels is a respectable choice to serve as Grand Marshal for the Memorial Day Parade; he is a true hero and a man worthy of this honor; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Mr. Albert Daniels on being selected to serve as Grand Marshal for the 81st Annual Elmhurst Memorial Day Parade; and be it further RESOLVED, That a suitable copy of this resolution be presented to Mr. Daniels, along with our sincere regards.
HOUSE OF REPRESENTATIVES 4847 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 Scott, SENATE BILL 1 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 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 Meyer, SENATE BILL 391 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 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. On motion of Representative Hoffman, SENATE BILL 736 was taken up and read by title a third time. And the question being, "Shall this bill pass?". Pending the vote on said bill, on motion of Representative Hoffman, further consideration of SENATE BILL 736 was postponed. On motion of Representative Hamos, SENATE BILL 561 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 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. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE BILL 2020, having been printed, was taken up for consideration. Representative Hassert moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 5) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 2020. Ordered that the Clerk inform the Senate. SENATE BILLS ON THIRD READING
4848 JOURNAL OF THE [May 14, 1999] 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 Scott, SENATE BILL 544 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 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 Leitch, SENATE BILL 1032 was recalled from the order of Third Reading to the order of Second Reading for the purpose of amendment. And the bill was again taken up on the order of Second Reading. Representative Pankau offered the following amendment and moved its adoption: AMENDMENT NO. 7 TO SENATE BILL 1032 AMENDMENT NO. 7. Amend Senate Bill 1032, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 58, by replacing lines 23 through 26 with "purposes of this subsection, a property interest acquired in a single parcel of property by a member of the corporate authority, which property is used exclusively as the member's primary residence, shall not be deemed to constitute an interest in any property included in a redevelopment area or proposed redevelopment area that was established before December 31, 1989, but the member must disclose the acquisition to the municipal clerk under the provisions of this subsection.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 7. was ordered engrossed; and the bill as amended was ordered transcribed, typed and again advanced to the order of Third Reading. 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 Leitch, SENATE BILL 1032 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: 94, Yeas; 20, Nays; 1, Answering Present. (ROLL CALL 7) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed.
HOUSE OF REPRESENTATIVES 4849 Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Brunsvold, SENATE BILL 150 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: 70, Yeas; 45, 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 Hoffman, SENATE BILL 27 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; 0, 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 Art Turner, SENATE BILL 322 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 10) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Gash, SENATE BILL 1155 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: 69, Yeas; 46, Nays; 0, Answering Present. (ROLL CALL 11) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Black, SENATE BILL 1227 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: 75, Yeas; 36, Nays; 3, Answering Present. (ROLL CALL 12) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Art Turner, SENATE BILL 498 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; 0, Nays; 0, Answering Present. (ROLL CALL 13)
4850 JOURNAL OF THE [May 14, 1999] This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Righter, SENATE BILL 1088 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: 113, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 14) 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 1010 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: 91, Yeas; 24, 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 Dart, SENATE BILL 392 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 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 Ryder, SENATE BILL 1114 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 17) 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 537 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: 74, Yeas; 39, Nays; 2, 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 McKeon, SENATE BILL 1009 was taken up and read by title a third time.
HOUSE OF REPRESENTATIVES 4851 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 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. SENATE BILLS ON SECOND READING SENATE BILL 37. Having been recalled on May 11, 1999, and held on the order of Second Reading, the same was again taken up. Representative Mulligan offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 37 AMENDMENT NO. 2. Amend Senate Bill 37 on page 1, line 5, by replacing "Section 23-10" with "Sections 15-35 and 23-10"; and on page 1, below line 5, by inserting the following: "(35 ILCS 200/15-35) Sec. 15-35. Schools. All property donated by the United States for school purposes, and all property of schools, not sold or leased or otherwise used with a view to profit, is exempt, whether owned by a resident or non-resident of this State or by a corporation incorporated in any state of the United States. Also exempt is: (a) property of schools which is leased to a municipality to be used for municipal purposes on a not-for-profit basis; (b) property of schools on which the schools are located and any other property of schools used by the schools exclusively for school purposes, including, but not limited to, student residence halls, dormitories and other housing facilities for students and their spouses and children, staff housing facilities, and school-owned and operated dormitory or residence halls occupied in whole or in part by students who belong to fraternities, sororities, or other campus organizations; (c) property donated, granted, received or used for public school, college, theological seminary, university, or other educational purposes, whether held in trust or absolutely; and (d) in counties with more than 200,000 inhabitants which classify property, property (including interests in land and other facilities) on or adjacent to (even if separated by a public street, alley, sidewalk, parkway or other public way) the grounds of a school, if that property is used by an academic, research or professional society, institute, association or organization which serves the advancement of learning in a field or fields of study taught by the school and which property is not used with a view to profit; and. (e) in counties with more than 200,000 inhabitants which classify property, property of a corporation, which is an exempt entity under paragraph (3) of Section 501(c) of the Internal Revenue Code or its successor law, used by the corporation for the following purposes: (1) conducting continuing education for professional development of personnel in energy-related industries; (2) maintaining a library of energy technology information available to students and the public free of charge; and (3) conducting research in energy and environment, which research results could be ultimately accessible to persons
4852 JOURNAL OF THE [May 14, 1999] involved in education. (Source: P.A. 90-655, eff. 7-30-98.)". 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 again advanced to the order of Third Reading. 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 Mathias, SENATE BILL 37 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: 80, Yeas; 33, Nays; 1, Answering Present. (ROLL CALL 20) 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 THIRD READING CONSIDERATION POSTPONED 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). SENATE BILL 1136. Having been read by title a third time on May 13, 1999, and further consideration postponed, the same was again taken up. Representative Burke moved the passage of SENATE BILL 1136. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 67, Yeas; 47, Nays; 1, Answering Present. (ROLL CALL 21) 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 read by title a second time on May 11, 199 and held, the following bill was taken up and advanced to the order of Third Reading: SENATE BILL 1014. 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).
HOUSE OF REPRESENTATIVES 4853 On motion of Representative Madigan, SENATE BILL 1014 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: 105, Yeas; 10, Nays; 0, Answering Present. (ROLL CALL 22) 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. RESOLUTIONS Having been reported out of the Committee on Transportation & Motor Vehicles on May 5, 1999, HOUSE RESOLUTION 36 was taken up for consideration. The following amendment was offered in the Committee on Transportation & Motor Vehicles, adopted and printed. AMENDMENT NO. 1 TO HOUSE RESOLUTION 36 AMENDMENT NO. 1. Amend House Resolution 36, on page 1, line 7, by changing "third" to "second". HOUSE RESOLUTION 36 was taken up for consideration. Representative Acevedo moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. SENATE BILLS ON SECOND READING SENATE BILL 163. Having been recalled on May 12, 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. There being no further amendments, the bill was again 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 Steve Davis, SENATE BILL 163 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: 113, Yeas; 1, 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. SENATE BILLS ON SECOND READING SENATE BILL 965. Having been recalled on May 13, 1999, and held on the order of Second Reading, the same was again taken up.
4854 JOURNAL OF THE [May 14, 1999] Floor Amendment No. 2 remained in the Committee on Rules. There being no further amendments, the bill was again 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 Retiz, SENATE BILL 965 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: 113, 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. On motion of Representative Madigan, SENATE BILL 1018 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: 80, Yeas; 35, Nays; 0, 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. On motion of Representative Madigan, SENATE BILL 1028 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: 74, Yeas; 39, Nays; 1, Answering Present. (ROLL CALL 26) 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 Madigan, SENATE BILL 1203 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: 74, Yeas; 39, Nays; 1, Answering Present. (ROLL CALL 27) 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 349. Having been recalled on May 11, 1999, and held on the order of Second Reading, the same was again taken up.
HOUSE OF REPRESENTATIVES 4855 Representative Andrea Moore offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 349 AMENDMENT NO. 2. Amend Senate Bill 349, AS AMENDED, in Section 10, by replacing "For purposes of registration and bonding under Sections 15 and 20, "telemarketer" does not include any of the following:" with the following: "The following persons are exempt from registration and bonding under Sections 15 and 20:"; and in Section 10, subdivision (11), by replacing "partner" with "provider"; and in Section 10, subdivision (11), after "radio telecommunication service provider", by inserting "or its agents"; and in Section 10, subdivision (20), by deleting ", or other business"; and in Section 25, subsection (a), after "the following records", by inserting "pertaining to and in connection with telemarketing"; and in Section 25, subdivision (a)(1), after "materials", by inserting "used in connection with telemarketing"; and in Section 30, subsection (b), by deleting the following: "or provides any financial or payment information to a telemarketer"; and in Section 30, by replacing subdivision (b)(3) with the following: "(3) All material conditions to purchase the consumer goods or services that are the subject of the telemarketing solicitation."; and in Section 30, subdivision (b)(5), after "In any prize promotion", by inserting "offered through telemarketing"; and in Section 35, after "Rule", by inserting the following: "or the federal Telephone Consumer Protection Act of 1991 or rules promulgated pursuant to that Act"; and in Section 40, subdivision (d)(3), by replacing "within 30 days" with "within 60 days"; and in Section 45, by replacing subdivision (2) with the following: "(2) Telephone calls initiated by a consumer."; and in Section 45, by inserting after subdivision (4) the following: "(5) Telephone calls in which the product is sold pursuant to a form contract filed with a State regulatory agency pursuant to Illinois law. (6) Telephone solicitations made pursuant to Section 8b of the Illinois Securities Law of 1953."; and in Section 50, subdivision (a)(10), after the period, by inserting the following: "It is not an unlawful act or practice under this Act if a person obtains or submits for payment a check, draft, or other form of negotiable paper drawn on a person's checking, savings, bond, or other account if the consumer gives express authorization and the check, draft, or other form of negotiable paper is in the amount of $75 or less and is obtained or submitted for payment only once in any 60 day period."; and in Section 55, subdivision (3), before the period, by inserting the following: "; however, a telemarketer is not liable for violating this subsection if it is in compliance with the Federal Trade Commission's Telemarketing Sales Rule or the federal Telephone Consumer Protection Act of 1991 or rules promulgated pursuant to that Act"; and by replacing Section 65 with the following: "Section 65. Criminal penalties. A knowing violation of Section 15 or 20 is a Class 4 felony.
4856 JOURNAL OF THE [May 14, 1999] Section 67. Private right of action. Nothing in this Act shall be construed to grant to any person a private right of action for damages for a violation of this Act nor shall any person have a private right of action for damages under Section 10a of the Consumer Fraud and Deceptive Business Practices Act for a violation of this Act, except that a consumer may bring a private action under this Act if a telemarketer or seller violates Section 35. The remedies shall be the same as those under the federal Telephone Consumer Protection Act of 1991.". Representative Andrea Moore offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO SENATE BILL 349 AMENDMENT NO. 3. Amend Senate Bill 349, AS AMENDED, in Section 45, below subdivision (6), by inserting the following: "(7) Solicitations initiated by a supervised financial organization or parent, subsidiary, or affiliate of a supervised financial organization.". And the motion on the adoption of the amendment was lost. There being no further amendments, the foregoing Amendment No. 2 was adopted and the bill, as amended, was again advanced to the order of Third Reading. RECALLS By unanimous consent, on motion of Representative Capparelli, SENATE BILL 452 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 Sommer, SENATE BILL 818 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; 0, Nays; 1, Answering Present. (ROLL CALL 28) 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 Brady, SENATE BILL 336 was taken up and read by title a third time. And the question being, "Shall this bill pass?". Pending the vote on said bill, on motion of Representative Brady, further consideration of SENATE BILL 336 was postponed. On motion of Representative Granberg, SENATE BILL 235 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in
HOUSE OF REPRESENTATIVES 4857 the affirmative by the following vote: 95, Yeas; 18, Nays; 1, Answering Present. (ROLL CALL 29) 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. RESOLUTIONS HOUSE RESOLUTIONS 300 and 302 were taken up for consideration. Representative Currie moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. The following resolution was offered and placed in the Committee on Rules. HOUSE RESOLUTION 301 Offered by Representative Kosel: WHEREAS, To reduce the emission of pollutants by motor vehicles, residents of nonattainment areas in Kane, Will, McHenry, Madison, St. Clair, Kendall, Monroe, Cook, DuPage, and Lake counties who own certain vehicles subject to emission inspection must submit their vehicles to emission inspections; and WHEREAS, These emission inspections are performed by inspectors who have been certified by the Environmental Protection Agency, at official inspection stations, and with equipment that has been certified by the Environmental Protection Agency; and WHEREAS, There have been numerous complaints from vehicle owners concerned with damage to their vehicles which may have occurred during the emission inspection process; it should be relatively easy for a person who has had his or her vehicle damaged during an emission inspection to learn how to file a complaint or claim; and WHEREAS, The Vehicle Emissions Inspection Law of 1995 requires the Environmental Protection Agency to establish procedures for resolving disputes concerning emission inspections; and therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Environmental Protection Agency to have each official inspection station operator: (i) post complaint and claim procedures in the waiting area at each station; that these complaint procedures shall be open, conspicuous, unobstructed from view, and measure at least 2 feet by 4 feet in size; and (ii) keep a record of all complaints and claims against the station and forward a quarterly and yearly summary of these records to the Representative and Senator who have constituents served by the station; and be it further RESOLVED, That a copy of this resolution be delivered to the Director of the Environmental Protection Agency. At the hour of 2:24 o'clock p.m., Representative Currie moved that the House do now adjourn until Monday, May 17, 1999, at 4:00 o'clock p.m. The motion prevailed. And the House stood adjourned.
4858 JOURNAL OF THE [May 14, 1999] NO. 1 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAY 14, 1999 0 YEAS 0 NAYS 116 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 P DAVIS,STEVE E KLINGLER P PARKE P WOJCIK P DELGADO P KOSEL P PERSICO P WOOLARD P DURKIN P KRAUSE P POE P YOUNGE P ERWIN E 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 4859 NO. 2 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1 CIRCUIT BREAKER-TECH THIRD READING PASSED MAY 14, 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 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 Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN E LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
4860 JOURNAL OF THE [May 14, 1999] NO. 3 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 391 JUV CT-CD CORR-PROBATION-MINOR THIRD READING PASSED MAY 14, 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 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 Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN E 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 4861 NO. 4 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 561 HEALTH CARE SURROGATE THIRD READING PASSED MAY 14, 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 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 Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN E LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
4862 JOURNAL OF THE [May 14, 1999] NO. 5 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2020 SCH CD-ANNEX NONCOTERMIN TERR MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED MAY 14, 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 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 Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN E 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 4863 NO. 6 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 544 CHILDREN'S HEALTH INS ACT-TECH THIRD READING PASSED MAY 14, 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 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 Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN E LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
4864 JOURNAL OF THE [May 14, 1999] NO. 7 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1032 MUNI CD-TIF REDEVELOPMENT AREA THIRD READING PASSED MAY 14, 1999 94 YEAS 20 NAYS 1 PRESENT Y ACEVEDO N FOWLER Y LINDNER Y RIGHTER Y BASSI N 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 N SAVIANO Y BLACK N GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG N BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY N HAMOS Y McGUIRE N SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP N BROSNAHAN A HARRIS Y MEYER Y SILVA N 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 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 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 N O'BRIEN Y WAIT Y DANIELS Y JONES,LOU N O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY N OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO N WOOLARD Y DURKIN Y KRAUSE N POE P YOUNGE Y ERWIN E LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER N REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4865 NO. 8 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 150 BUILDING COMMISSION REV FUND THIRD READING PASSED MAY 14, 1999 70 YEAS 45 NAYS 0 PRESENT Y ACEVEDO N FOWLER N 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 N BIGGINS N GASH N MATHIAS Y SAVIANO Y BLACK N GIGLIO Y MAUTINO N SCHMITZ Y BOLAND Y GILES Y 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 A HARRIS Y MEYER N SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER N COULSON Y HOLBROOK Y MORROW Y STEPHENS N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS N HULTGREN Y MURPHY N TENHOUSE N CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN N CURRY N JONES,JOHN N O'BRIEN N WAIT Y DANIELS Y JONES,LOU N O'CONNOR N WINKEL N DART Y JONES,SHIRLEY Y OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING Y DAVIS,STEVE E KLINGLER Y PARKE N WOJCIK Y DELGADO N KOSEL Y PERSICO Y WOOLARD N DURKIN Y KRAUSE N POE Y YOUNGE Y ERWIN E LANG Y PUGH N ZICKUS Y FEIGENHOLTZ Y LAWFER N REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
4866 JOURNAL OF THE [May 14, 1999] NO. 9 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 27 VISITATION-SEX ABUSE-TREATMENT THIRD READING PASSED MAY 14, 1999 114 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 A 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 Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN E 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 4867 NO. 10 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 322 NURSING HOMES-RESIDNT ATTENDNT THIRD READING PASSED MAY 14, 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 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 N 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 Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN E LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
4868 JOURNAL OF THE [May 14, 1999] NO. 11 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1155 VEH CD-TARPS WHILE ON HIGHWAYS THIRD READING PASSED MAY 14, 1999 69 YEAS 46 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER Y BASSI Y FRANKS Y LOPEZ Y RONEN N BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO N BLACK N GIGLIO N MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG N BOST N GRANBERG N McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY N BRADY N HANNIG Y McKEON Y SHARP N BROSNAHAN E HARRIS Y MEYER Y SILVA N BRUNSVOLD N HARTKE N MITCHELL,BILL Y SKINNER Y BUGIELSKI N HASSERT N MITCHELL,JERRYY SLONE Y BURKE Y HOEFT N MOFFITT N SMITH Y CAPPARELLI N HOFFMAN Y MOORE N SOMMER Y COULSON N HOLBROOK Y MORROW N STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY N TENHOUSE N CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN N CURRY N JONES,JOHN N O'BRIEN N WAIT Y DANIELS Y JONES,LOU Y O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER N PANKAU N WIRSING N DAVIS,STEVE E KLINGLER N PARKE Y WOJCIK Y DELGADO N KOSEL N PERSICO N WOOLARD Y DURKIN Y KRAUSE N POE Y YOUNGE Y ERWIN E LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4869 NO. 12 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1227 ADJUTANTS GENERAL MIL SERVICE THIRD READING PASSED MAY 14, 1999 75 YEAS 36 NAYS 3 PRESENT Y ACEVEDO N FOWLER N LINDNER N RIGHTER N BASSI N FRANKS Y LOPEZ N 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 N MAUTINO N SCHMITZ N BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY N SCOTT Y BRADLEY N HAMOS Y McGUIRE N SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP N BROSNAHAN E HARRIS N MEYER Y SILVA Y BRUNSVOLD N 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 N SOMMER Y COULSON N HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN N STROGER A CROSS N HULTGREN P MURPHY N TENHOUSE N CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART N CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN N CURRY N JONES,JOHN N O'BRIEN Y WAIT Y DANIELS P JONES,LOU Y O'CONNOR Y WINKEL N DART P JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING Y DAVIS,STEVE E KLINGLER N PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO N WOOLARD N DURKIN N KRAUSE N POE Y YOUNGE Y ERWIN E LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER N REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
4870 JOURNAL OF THE [May 14, 1999] NO. 13 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 498 PUB AID-CHOICE OF OPTOMETRISTS THIRD READING PASSED MAY 14, 1999 114 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 E 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 A 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 Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN E 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 4871 NO. 14 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1088 EPA-NITROGEN OXIDE EMISSIONS THIRD READING PASSED MAY 14, 1999 113 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 E 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 A 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 P 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 Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN E LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
4872 JOURNAL OF THE [May 14, 1999] NO. 15 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1010 METRO PIER-EXPO AUTHORITY-TECH THIRD READING PASSED MAY 14, 1999 91 YEAS 24 NAYS 0 PRESENT Y ACEVEDO N FOWLER Y LINDNER N RIGHTER Y BASSI N FRANKS Y LOPEZ Y RONEN Y BEAUBIEN Y FRITCHEY Y 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 N SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG N BOST Y GRANBERG N McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE N SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP N BROSNAHAN E HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER Y COULSON N HOLBROOK Y MORROW N STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y 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 Y CURRY N JONES,JOHN N O'BRIEN N WAIT Y DANIELS Y JONES,LOU Y O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE N POE Y YOUNGE Y ERWIN E LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4873 NO. 16 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 392 SOLIC FOR CHARITY-REPORTING THIRD READING PASSED MAY 14, 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 E 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 Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN E LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
4874 JOURNAL OF THE [May 14, 1999] NO. 17 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1114 HEALTH CARE WORKER THIRD READING PASSED MAY 14, 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 E 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 Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN E 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 4875 NO. 18 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 537 COUNTIES CD-NOTICE ELECT-TECH THIRD READING PASSED MAY 14, 1999 74 YEAS 39 NAYS 2 PRESENT Y ACEVEDO N FOWLER Y LINDNER N RIGHTER Y BASSI N FRANKS Y LOPEZ Y RONEN Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO N BLACK N GIGLIO Y MAUTINO N SCHMITZ N BOLAND Y GILES Y McAULIFFE Y SCHOENBERG N BOST Y GRANBERG N McCARTHY Y SCOTT Y BRADLEY Y HAMOS P McGUIRE N SCULLY N BRADY Y HANNIG Y McKEON Y SHARP N BROSNAHAN E HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER Y COULSON Y HOLBROOK Y MORROW N STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS N HULTGREN Y MURPHY N TENHOUSE N CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM P NOVAK Y TURNER,JOHN N CURRY N JONES,JOHN N O'BRIEN N WAIT Y DANIELS Y JONES,LOU N O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING Y DAVIS,STEVE E KLINGLER N PARKE N WOJCIK Y DELGADO N KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE N POE Y YOUNGE Y ERWIN E LANG Y PUGH N ZICKUS Y FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
4876 JOURNAL OF THE [May 14, 1999] NO. 19 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1009 GOVERNMENTAL ETHICS-TECH THIRD READING PASSED MAY 14, 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 E 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 Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN E 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 4877 NO. 20 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 37 PROP TX-TAX DIST SUIT NOTICE THIRD READING PASSED MAY 14, 1999 80 YEAS 33 NAYS 1 PRESENT Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER Y BASSI N FRANKS Y LOPEZ Y RONEN Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER Y BIGGINS N GASH Y MATHIAS Y SAVIANO N BLACK N GIGLIO Y MAUTINO N SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG N BOST Y GRANBERG N McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE N SCULLY Y BRADY Y HANNIG A McKEON Y SHARP N BROSNAHAN E HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE Y BURKE Y HOEFT N MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER Y COULSON N HOLBROOK Y MORROW N STEPHENS N 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 Y CURRY N JONES,JOHN Y O'BRIEN N WAIT Y DANIELS Y JONES,LOU N O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO N KOSEL Y PERSICO N WOOLARD Y DURKIN Y KRAUSE N POE Y YOUNGE Y ERWIN E LANG Y PUGH N ZICKUS Y FEIGENHOLTZ N LAWFER Y REITZ P MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
4878 JOURNAL OF THE [May 14, 1999] NO. 21 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1136 VEH CD-RR OBSTRUCTN-TIME LMT PASSED MAY 14, 1999 67 YEAS 47 NAYS 1 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER Y BASSI N FRANKS N LOPEZ Y RONEN Y BEAUBIEN N FRITCHEY Y LYONS,EILEEN N RUTHERFORD Y BELLOCK N GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS Y GASH N MATHIAS Y SAVIANO Y BLACK Y GIGLIO N MAUTINO N SCHMITZ N BOLAND N GILES Y McAULIFFE Y SCHOENBERG N BOST N GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN E HARRIS Y MEYER Y SILVA N BRUNSVOLD N HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI N HASSERT N MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER N COULSON N HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD Y MULLIGAN N STROGER Y CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY P JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM N NOVAK N TURNER,JOHN N CURRY N JONES,JOHN N O'BRIEN N WAIT Y DANIELS Y JONES,LOU Y O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER N PANKAU N WIRSING N DAVIS,STEVE E KLINGLER N PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO N WOOLARD Y DURKIN Y KRAUSE N POE Y YOUNGE Y ERWIN E LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4879 NO. 22 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1014 STATE TREASURER-TECHICAL THIRD READING PASSED MAY 14, 1999 105 YEAS 10 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 N SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG N 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 E HARRIS N 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 N 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 Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO N KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN E LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
4880 JOURNAL OF THE [May 14, 1999] NO. 23 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 163 DNR-PROMOTE HUNTING-TRAPPING THIRD READING PASSED MAY 14, 1999 113 YEAS 1 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 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 E 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 P 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 Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN E 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 4881 NO. 24 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 965 DEPT MNTL HLTH DEV DISAB-AIDES THIRD READING PASSED MAY 14, 1999 113 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 A 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 E 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 A 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 Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN E LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
4882 JOURNAL OF THE [May 14, 1999] NO. 25 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1018 CIV ADMIN CD-DEPT-TECH THIRD READING PASSED MAY 14, 1999 80 YEAS 35 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 Y BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO N SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG N BOST Y GRANBERG N McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE N SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP N BROSNAHAN E HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRYN SLONE Y BURKE Y HOEFT N MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE N CROTTY Y 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 Y DANIELS Y JONES,LOU N O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING Y DAVIS,STEVE E KLINGLER N PARKE Y WOJCIK Y DELGADO N KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE N POE Y YOUNGE Y ERWIN E LANG Y PUGH N ZICKUS Y FEIGENHOLTZ Y LAWFER N REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4883 NO. 26 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1028 TRANSPORTATION-FINANCE-TECH THIRD READING PASSED MAY 14, 1999 74 YEAS 39 NAYS 1 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 A GIGLIO Y MAUTINO N SCHMITZ N BOLAND P GILES Y McAULIFFE Y SCHOENBERG N BOST Y GRANBERG N McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE N SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP N BROSNAHAN E HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRYN SLONE Y BURKE Y HOEFT N MOFFITT Y SMITH Y CAPPARELLI N HOFFMAN Y MOORE N SOMMER N COULSON Y HOLBROOK Y MORROW Y STEPHENS N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS N HULTGREN Y MURPHY Y TENHOUSE N CROTTY Y 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 Y DANIELS Y JONES,LOU N O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE E KLINGLER N PARKE Y WOJCIK Y DELGADO N KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE N POE Y YOUNGE Y ERWIN E LANG Y PUGH N ZICKUS Y FEIGENHOLTZ Y LAWFER N REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
4884 JOURNAL OF THE [May 14, 1999] NO. 27 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1203 GO BOND ACT-REDUCTION THIRD READING PASSED MAY 14, 1999 74 YEAS 39 NAYS 1 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 N BOLAND P GILES Y McAULIFFE Y SCHOENBERG N BOST Y GRANBERG N McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE N SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP N BROSNAHAN E 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 N MOFFITT Y SMITH Y CAPPARELLI N HOFFMAN Y MOORE N SOMMER Y COULSON N HOLBROOK Y MORROW Y STEPHENS N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS N HULTGREN Y MURPHY Y TENHOUSE N CROTTY Y 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 Y DANIELS Y JONES,LOU N O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE E KLINGLER N PARKE Y WOJCIK Y DELGADO N KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE N POE Y YOUNGE Y ERWIN E LANG Y PUGH N ZICKUS Y FEIGENHOLTZ Y LAWFER N REITZ A MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4885 NO. 28 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 818 DISABLED ADULT ABUSE THIRD READING PASSED MAY 14, 1999 114 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 E 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 Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN E LANG Y PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ P MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
4886 JOURNAL OF THE [May 14, 1999] NO. 29 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 235 FIRE DEPARTMENT PROMOTION ACT THIRD READING PASSED MAY 14, 1999 95 YEAS 18 NAYS 1 PRESENT Y ACEVEDO N FOWLER Y LINDNER Y RIGHTER Y BASSI N FRANKS P 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 N 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 N BROSNAHAN E HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE Y BURKE N HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE N 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 N CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU N O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS Y DAVIS,MONIQUE A KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK Y DELGADO N KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN E LANG Y PUGH N ZICKUS Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence

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