5836 JOURNAL OF THE [May 26, 1999]
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
59TH LEGISLATIVE DAY
WEDNESDAY, MAY 26, 1999
1:00 O'CLOCK P.M.
The House met pursuant to adjournment.
Representative Hartke in the Chair.
Prayer by LeeArthur Crawford, Assistant Pastor with the Victory
Temple Church in Springfield, Illinois.
Representative Black 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:
115 present. (ROLL CALL 1)
By unanimous consent, Representatives Capparelli, Pugh and Wojcik
were excused from attendance.
TEMPORARY COMMITTEE ASSIGNMENTS
The Speaker announced the following temporary committee
assignments:
Representative Bill Mitchell replaced Representative Myers in the
Committee on Transportation & Motor Vehicles on May 25, 1999.
Representative Winters replaced Representative Biggins in the
Committee on Electric Utility Deregulation on May 25, 1999.
COMMITTEE ON RULES
REFERRALS
Representative Barbara Flynn Currie, Chairperson of the Committee
on Rules, reported the following legislative measures and/or joint
action motions have been assigned as follows:
Committee on Electric Utility Deregulation: House Amendment 1 to
SENATE BILL 23; FIRST CONFERENCE COMMITTEE REPORT TO SENATE BILL 24.
REPORT FROM THE COMMITTEE ON RULES
Representative Currie, Chairperson, from the Committee on Rules
HOUSE OF REPRESENTATIVES 5837
to which the following were referred, action taken earlier today, and
reported the same back with the following recommendations:
That the Conference Committee Report be reported with the
recommendation that it "recommends be adopted" and placed on the
House Calendar:
First Conference Committee Report to HOUSE BILL 427.
First Conference Committee Report to HOUSE BILL 1670.
First Conference Committee Report to SENATE BILL 73.
First Conference Committee Report to SENATE BILL 171.
First Conference Committee Report to SENATE BILL 648.
First Conference Committee Report to SENATE BILL 656.
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 3 to SENATE BILL 311.
Amendment No. 4 to SENATE BILL 941.
Amendment No. 2 to SENATE BILL 956.
That the Motion be reported "be approved for consideration" and
placed on the House Calendar:
Motion to recede from House Amendment No. 3 to SENATE BILL 460.
Motion to recede from House Amendment No. 1 to SENATE BILL 1207.
That the Motion be reported "be approved for consideration" and
placed on the House Calendar:
Motion to concur with Senate Amendment No. 2 to HOUSE BILL 953.
Representative Currie, Chairperson, from the Committee on Rules
to which the following were referred, action taken earlier today, and
reported the same back with the following recommendations:
That the Conference Committee Report be reported with the
recommendation that it "recommends be adopted" and placed on the
House Calendar:
First Conference Committee Report to HOUSE BILL 452.
First Conference Committee Report to HOUSE BILL 2166.
That the bill be reported "be referred to consideration
postponed": SENATE BILL 23.
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 3 to SENATE BILL 956.
The committee roll call vote on the forgoing Legislative Measures
is as follows:
3, Yeas; 2, Nays; 0, Answering Present.
Y Currie, Chair N Ryder
Y Hannig N Tenhouse
Y Turner, Art
Representative Currie, Chairperson, from the Committee on Rules
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 251.
Representative Currie, Chairperson, from the Committee on Rules
to which the following were referred, action taken earlier today, and
reported the same back with the following recommendations:
That the Conference Committee Report be reported with the
recommendation that it "recommends be adopted" and placed on the
House Calendar:
First Conference Committee Report to HOUSE BILL 1845.
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 4 to SENATE BILL 956.
That the resolution be reported "be adopted" and be placed on the
House Calendar: HOUSE RESOLUTION 376.
5838 JOURNAL OF THE [May 26, 1999]
Representative Currie, Chairperson, from the Committee on Rules
to which the following were referred, action taken earlier today, and
reported the same back with the following recommendations:
That the Conference Committee Report be reported with the
recommendation that it "recommends be adopted" and placed on the
House Calendar:
First Conference Committee Report to SENATE BILL 242.
The committee roll call vote on the forgoing Legislative Measures
is as follows:
3, Yeas; 2, Nays; 0, Answering Present.
Y Currie, Chair N Ryder
Y Hannig N Tenhouse
Y Turner, Art
LETTER OF TRANSMITTAL
May 26, 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
Senate Bill 23 until May 31, 1999.
If you have any questions, please contact Tim Mapes, my Chief of
Staff.
With kindest personal regards, I remain
Sincerely yours,
s/Michael J. Madigan
Speaker of the House
COMMITTEE ON RULES
REASSIGNMENTS
Representative Currie, from the Committee on Rules, recalled
Amendment No. 2 to SENATE BILL 23 from the Committee on Electric
Utility Deregulation and reassigned it to the Committee on Revenue.
JOINT ACTION MOTIONS SUBMITTED
Representative Boland submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 2 to HOUSE BILL 953.
Representative Steve Davis submitted the following written
motion, which was placed on the Calendar on the order of
Non-concurrence:
MOTION #1
HOUSE OF REPRESENTATIVES 5839
I move to refuse to recede from House Amendments numbered 1, 2, 3
and 4 to SENATE BILL 286.
Representative Hannig 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 1079.
Representative Hannig 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 1080.
REQUEST FOR FISCAL NOTE
Representative Black requested that a Fiscal Note be supplied for
SENATE BILL 23, as amended.
FISCAL NOTE SUPPLIED
A Fiscal Note has been supplied for SENATE BILL 311, as amended.
REQUEST FOR STATE MANDATES NOTE
Representative Hassert requested that a State Mandates Note be
supplied for SENATE BILL 26, as amended.
Representative Black requested that a State Mandates Note be
supplied for SENATE BILL 23, as amended.
STATE MANDATE ACT NOTE SUPPLIED
A State Mandate Act Note has been supplied for SENATE BILL 26, as
amended and 251, as amended.
REQUEST FOR HOME RULE NOTE
Representative Hassert requested that a Home Rule Note be
supplied for SENATE BILL 26, as amended.
Representative Black requested that a Home Rule Note be supplied
for SENATE BILL 23, as amended.
HOME RULE IMPACT NOTE SUPPLIED
A Home Rule Impact Note has been supplied for SENATE BILL 26, as
amended and 251, as amended.
REQUEST FOR LAND CONVEYANCE APPRAISAL NOTE
Representative Hassert requested that a Land Conveyance Appraisal
Note be supplied for SENATE BILL 26, as amended.
5840 JOURNAL OF THE [May 26, 1999]
LAND CONVEYANCE APPRAISEL NOTE SUPPLIED
A Land Conveyance Appraisel Note has been supplied for SENATE
BILL 26, as amended and 311, as amended.
REQUEST FOR STATE DEBT IMPACT NOTE
Representative Black requested that a State Debt Impact Note be
supplied for SENATE BILL 23, as amended.
MESSAGES FROM THE SENATE
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has refused to recede from their
amendment 1 to a bill of the following title, to-wit:
HOUSE BILL NO. 287
A bill for AN ACT to amend the Public Utilities Act by adding
Section 13-301.5.
I am further directed to inform the House of Representatives that
the Senate requests a First Committee of Conference to consist of
five members from each House, to consider the differences of the two
Houses in regard to the amendments to the bill, and that the
Committee on Committees of the Senate has appointed as such Committee
on the part of the Senate the following: Senators Donahue, Mahar,
Maitland; Bowles and Shaw.
Action taken by the Senate, May 26, 1999.
Jim Harry, Secretary of the Senate
Representative Tenhouse moved that the House accede to the
request of the Senate for a Committee of Conference on HOUSE BILL
287.
The motion prevailed.
The Speaker appointed the following as such committee on the part
of the House: Representatives Currie, Mautino, Hannig; Tenhouse and
Bost.
Ordered that the Clerk inform 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 refused to recede from their
amendments 1 and 2 to a bill of the following title, to-wit:
HOUSE BILL NO. 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.
I am further directed to inform the House of Representatives that
the Senate requests a First Committee of Conference to consist of
five members from each House, to consider the differences of the two
Houses in regard to the amendments to the bill, and that the
Committee on Committees of the Senate has appointed as such Committee
on the part of the Senate the following: Senators Peterson, W.
HOUSE OF REPRESENTATIVES 5841
Jones, Weaver; Clayborne and Berman.
Action taken by the Senate, May 25, 1999.
Jim Harry, Secretary of the Senate
Representative Mautino moved that the House accede to the request
of the Senate for a Committee of Conference on HOUSE BILL 523.
The motion prevailed.
The Speaker appointed the following as such committee on the part
of the House: Representatives Mautino, Giles, Currie; Tenhouse and
Mathias.
Ordered that the Clerk inform 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 refused to recede from their
amendment 1 to a bill of the following title, to-wit:
HOUSE BILL NO. 1079
A bill for AN ACT to amend the Criminal Code of 1961 by adding
Section 11-9.4.
I am further directed to inform the House of Representatives that
the Senate requests a First Committee of Conference to consist of
five members from each House, to consider the differences of the two
Houses in regard to the amendments to the bill, and that the
Committee on Committees of the Senate has appointed as such Committee
on the part of the Senate the following: Senators O'Malley,
Hawkinson, Dillard; Cullerton and Molaro.
Action taken by the Senate, May 26, 1999.
Jim Harry, Secretary of the Senate
Representative Brosnahan moved that the House accede to the
request of the Senate for a Committee of Conference on HOUSE BILL
1079.
The motion prevailed.
The Speaker appointed the following as such committee on the part
of the House: Representatives Hannig, Schoenberg, Currie; Tenhouse &
Ryder.
Ordered that the Clerk inform 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 refused to recede from their
amendment 1 to a bill of the following title, to-wit:
HOUSE BILL NO. 1134
A bill for AN ACT to amend the School Code by changing Section
18-8.05.
I am further directed to inform the House of Representatives that
the Senate requests a First Committee of Conference to consist of
five members from each House, to consider the differences of the two
Houses in regard to the amendments to the bill, and that the
Committee on Committees of the Senate has appointed as such Committee
on the part of the Senate the following: Senators O'Malley, Cronin,
5842 JOURNAL OF THE [May 26, 1999]
Karpiel; Berman and Demuzio.
Action taken by the Senate, May 25, 1999.
Jim Harry, Secretary of the Senate
Representative Crotty moved that the House accede to the request
of the Senate for a Committee of Conference on HOUSE BILL 1134.
The motion prevailed.
The Speaker appointed the following as such committee on the part
of the House: Representatives Crotty, Currie, Woolard; Tenhouse and
Jerry Mitchell.
Ordered that the Clerk inform 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 refused to recede from their
amendment 1 to a bill of the following title, to-wit:
HOUSE BILL NO. 1845
A bill for AN ACT to amend the Illinois Marriage and Dissolution
of Marriage Act by changing Section 607.
I am further directed to inform the House of Representatives that
the Senate requests a First Committee of Conference to consist of
five members from each House, to consider the differences of the two
Houses in regard to the amendments to the bill, and that the
Committee on Committees of the Senate has appointed as such Committee
on the part of the Senate the following: Senators W. Jones,
Hawkinson, Dillard; Cullerton and Obama.
Action taken by the Senate, May 25, 1999.
Jim Harry, Secretary of the Senate
Representative Cross moved that the House accede to the request
of the Senate for a Committee of Conference on HOUSE BILL 1845.
The motion prevailed.
The Speaker appointed the following as such committee on the part
of the House: Representatives Woolard, Dart, Currie; Tenhouse and
Bassi.
Ordered that the Clerk inform 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 refused to recede from their
amendment 1 to a bill of the following title, to-wit:
HOUSE BILL NO. 2733
A bill for AN ACT to amend the School Code by changing Section
18-8.05.
I am further directed to inform the House of Representatives that
the Senate requests a First Committee of Conference to consist of
five members from each House, to consider the differences of the two
Houses in regard to the amendments to the bill, and that the
Committee on Committees of the Senate has appointed as such Committee
on the part of the Senate the following: Senators Weaver, Cronin,
Karpiel; Berman and Demuzio.
HOUSE OF REPRESENTATIVES 5843
Action taken by the Senate, May 26, 1999.
Jim Harry, Secretary of the Senate
Representative Tim Johnson moved that the House accede to the
request of the Senate for a Committee of Conference on HOUSE BILL
2733.
The motion prevailed.
The Speaker appointed the following as such committee on the part
of the House: Representatives Crotty, Woolard, Currie; Black and
Tenhouse.
Ordered that the Clerk inform 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 adopted the following Senate
Joint Resolution, in the adoption of which I am instructed to ask the
concurrence of the House of Representatives, to-wit:
SENATE JOINT RESOLUTION NO. 39
WHEREAS, The Older Americans Act promotes the dignity and value
of every older person age 60 and over (numbering 2,000,000 in
Illinois) through an Aging Network led by the Illinois Department on
Aging, 13 area agencies on aging, 233 community based senior service
agencies, and 63 nutrition services agencies throughout Illinois; and
WHEREAS, The Older Americans Act is a successful federal program,
with the U.S. Administration on Aging offering leadership in
Washington, D.C., the Illinois Department on Aging (the first state
department on aging in the nation) at the State level, the area
agencies on aging in 13 regions designated by the State covering all
of Illinois, and community based senior service agencies providing
services in every community; and
WHEREAS, The Older Americans Act programs target resources and
services to those in greatest economic and social need, promote the
dignity and contributions of our senior citizens, support
transportation services, provide home care, assist families and
individuals with case management, guide those challenged by the legal
system through legal assistance, provide for senior community service
employment, offer information and assistance, establish multi-purpose
senior centers as focal points on aging, serve congregate luncheon
and home delivered meals, provide health promotion and disease
prevention activities, involve older persons in nutrition education,
reach out to families with respite services for caregivers and small
repair and home modifications, provide opportunities, education, and
services, connect people in shared housing, and advocate to public
and private policy makers on the issues of importance to older
persons; and
WHEREAS, The success of this aging network over the past 31 years
is marked by the delivery of significant service to older persons in
their own homes and community with the following services examples of
that success:
(1) 374,538 recipients of access services, including 235,148
Information and Assistance Services clients and 68,493 recipients of
Case Management Services;
(2) 53,450 recipients of in-home services, including 6,460,533
home delivered meals to 41,305 elders;
(3) 185,520 recipients of community services, including
3,636,855 meals to 79,012 congregate meal participants at 647
nutrition sites and services delivered from 170 Senior Centers;
5844 JOURNAL OF THE [May 26, 1999]
(4) 760 recipients of employment services, including 760 senior
community service employment program participants; and
(5) 98,600 recipients of nursing home ombudsman services; and
WHEREAS, The organizations serving older persons employ
professionals dedicated to offering the highest level of service and
caring workers who every day provide in-home care, rides, educational
and social activities, shopping assistance, advice, and hope to those
in greatest isolation and need; and
WHEREAS, The organizations serving older persons involve a
multi-generational corps of volunteers who contribute to the
governance, planning, and delivery of services to older persons in
their own communities through participation on boards and advisory
councils and in the provision of clerical support, programming, and
direct delivery of service to seniors; and
WHEREAS, The Older Americans Act programs in Illinois leverage
local funding for aging services and encourage contributions from
older persons; and
WHEREAS, The Older Americans Act programs are the foundation for
the Illinois Community Care Program which reaches out to those with
the lowest incomes and greatest frailty to provide alternatives to
long term care, and the Illinois Elder Abuse and Neglect
Interventions Program which assists families in the most difficult of
domestic situations with investigation and practical interventions;
and
WHEREAS, The Congress of the United States has not reauthorized
the Older Americans Act since 1995 and only extends the program each
year through level appropriations; and
WHEREAS, Expansion of the Older Americans Act is proposed in
reauthorization legislation this year to offer family caregiver
support, increased numbers of home delivered meals, improved
promotion of elder rights, consolidation of several programs and
sub-titles of the law; therefore, be it
RESOLVED, BY THE SENATE OF THE NINETY-FIRST GENERAL ASSEMBLY OF
THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING
HEREIN, that we urge the Congress of the United States of America to
reauthorize the Older Americans Act this year; and be it further
RESOLVED, That suitable copies of this resolution be delivered to
the President pro tempore of the U.S. Senate, the Speaker of the U.S.
House of Representatives, and each member of the Illinois
congressional delegation.
Adopted by the Senate, May 26, 1999.
Jim Harry, Secretary of the Senate
The foregoing message from the Senate reporting their adoption of
SENATE JOINT RESOLUTION 39 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 acceded to the request of the
House of Representatives for a First Conference Committee to consider
the differences of the two Houses in regard to the House amendment
to:
SENATE BILL NO. 53
A bill for AN ACT to amend the Illinois Municipal Code by
changing Sections 11-74.4-3 and 11-74.4-7.
I am further directed to inform the House of Representatives that
HOUSE OF REPRESENTATIVES 5845
the Committee on Committees of the Senate has appointed as such
Committee on the part of the Senate: Senators: Watson, Peterson,
Radogno; Clayborne and Welch.
Action taken by the Senate, May 25, 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 acceded to the request of the
House of Representatives for a First Conference Committee to consider
the differences of the two Houses in regard to the House amendment
to:
SENATE BILL NO. 321
A bill for AN ACT to amend the Illinois Health Facilities
Planning Act by adding Section 4.5.
I am further directed to inform the House of Representatives that
the Committee on Committees of the Senate has appointed as such
Committee on the part of the Senate: Senators: Rauschenberger,
Syverson, Parker; Obama and Rea.
Action taken by the Senate, May 25, 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 acceded to the request of the
House of Representatives for a First Conference Committee to consider
the differences of the two Houses in regard to the House amendments
to:
SENATE BILL NO. 392
A bill for AN ACT relating to charitable organizations and
activities, amending named Acts.
I am further directed to inform the House of Representatives that
the Committee on Committees of the Senate has appointed as such
Committee on the part of the Senate: Senators: O'Malley, Hawkinson,
Dillard; Cullerton and Shadid.
Action taken by the Senate, May 25, 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 refused to adopt the First
Conference Committee Report and requests a Second Committee of
Conference to consist of five members from each house to consider the
differences of the two Houses in regard to amendment 1 to Senate Bill
1158, and that the Committee on Committees of the Senate has
appointed as such Committee on the part of the Senate the following:
Senators Rauschenberger, T. Walsh, Geo-Karis; Obama and Viverito.
5846 JOURNAL OF THE [May 26, 1999]
Action taken by the Senate, May 26, 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 adopted the attached First
Conference Committee Report:
HOUSE BILL NO. 1278
Adopted by the Senate, May 26, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 1278
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to Senate Amendment No. 2
to House Bill 1278, recommend the following:
(1) that the House concur in Senate Amendment No. 2; and
(2) that House Bill 1278, AS AMENDED, be further amended, with
reference to the page and line numbers of Senate Amendment No. 2, as
follows:
by deleting lines 6 through 34 on page 6, all of page 7, and lines 1
through 8 on page 8; and
on page 11, by replacing lines 23 through 25 with the following:
"methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or
pseudoephedrine or any of"; and
on page 15, line 28, by replacing "(c), (d)," with "(c), (c-5), (d),
(d-5),"; and
by deleting line 34 on page 23 and lines 1 through 8 on page 24; and
on page 24, line 29, by replacing "(Source: P.A. 90-775, eff.
1-1-99.)" with the following:
"(Source: P.A. 90-775, eff. 1-1-99.)
Section 99. Effective date. This Act takes effect January 1,
2000.".
Submitted on May 26, 1999
s/Sen. Carl Hawkinson s/Rep. Steve Davis
s/Sen. Kirk Dillard s/Rep. Laren Beth Gash
s/Sen. Ed Petka s/Rep. Louis Lang
s/Sen. John Cullerton s/Rep. Richard Winkel
s/Sen. Ira Silverstein Rep. Patricia Lindner
Committee for the Senate Committee for the House
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has adopted the attached First
Conference Committee Report:
SENATE BILL NO. 73
Adopted by the Senate, May 26, 1999.
HOUSE OF REPRESENTATIVES 5847
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON SENATE BILL 73
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to House Amendment No. 1
to Senate Bill 73, recommend the following:
(1) that the Senate concur in House Amendment No. 1; and
(2) that Senate Bill 73 be further amended, AS AMENDED, with
reference to page and line numbers of House Amendment No. 1, on page
6, by deleting lines 17 through 28.
Submitted on May 26, 1999
s/Sen. Todd Sieben s/Rep. Michael K. Smith
s/Sen. N. Duane Noland s/Rep. Charles Hartke
s/Sen. Robert Madigan Rep. John "Phil" Novak
Sen. William O'Daniel s/Rep. William B. Black
s/Sen. Lawrence Walsh s/Rep. I. Ronald Lawfer
Committee for the Senate Committee for the House
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has adopted the attached First
Conference Committee Report:
SENATE BILL NO. 171
Adopted by the Senate, May 26, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON SENATE BILL 171
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to House Amendment No. 1
to Senate Bill 171, recommend the following:
(1) that the House recede from House Amendment No. 1; and
(2) that Senate Bill 171 be amended on page 3, by replacing lines 14
through 30 with the following:
"Notwithstanding any other provision of this Section, a
non-homerule municipality of 130,000 or fewer inhabitants, through
its council or board of trustees, may, by ordinance, provide for a
position of deputy chief to be appointed by the chief of the police
department. The ordinance shall provide for no more than one deputy
chief position if the police department has fewer than 25 full-time
police officers and for no more than 2 deputy chief positions if the
police department has 25 or more full-time police officers. The
deputy chief position shall be an exempt rank immediately below that
of Chief. The deputy chief may be appointed from any rank of sworn,
full-time officers of the municipality's police department, but must
have at least 5 years of full-time service as a police officer in
that department. A deputy chief shall serve at the discretion of the
Chief and, if removed from the position, shall revert to the rank
5848 JOURNAL OF THE [May 26, 1999]
held immediately prior to appointment to the deputy chief position.".
Submitted on May 25, 1999
s/Sen. Dick Klemm s/Rep. Dan Reitz
s/Sen. Kirk Dillard s/Rep. Calvin L. Giles
s/Sen. Walter Dudycz s/Rep. Barbara Flynn Currie
s/Sen. William Shaw s/Rep. Dan Rutherford
s/Sen. Lawrence Walsh s/Rep. Brent Hassert
Committee for the Senate Committee for the House
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has adopted the attached First
Conference Committee Report:
SENATE BILL NO. 242
Adopted by the Senate, May 26, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON SENATE BILL 242
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to House Amendment No. 1
to Senate Bill 242, recommend the following:
(1) that the Senate concur in House Amendment No. 1; and
(2) that Senate Bill 242 be further amended as follows:
in Section 5, Sec. 18.5, subsection (f), paragraph (4), item (vi), by
deleting the sentence beginning "In the action,".
Submitted on May 25, 1999
s/Sen. Carl Hawkinson s/Rep. Larry McKeon
s/Sen. Ed Petka s/Rep. Tom Dart
s/Sen. Kirk Dillard s/Rep. Barbara Flynn Currie
s/Sen. John Cullerton s/Rep. Art Tenhouse
s/Sen. Barack Obama s/Rep. John Turner
Committee for the Senate Committee for the House
REPORTS FROM STANDING COMMITTEES
Representative Novak, Chairperson, from the Committee on Electric
Utility Deregulation to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the Conference Committee Report be reported with the
recommendation that it "recommends be adopted" and placed on the
House Calendar:
First Conference Committee Report to SENATE BILL 24.
The committee roll call vote on the First Conference Committee
Report to SENATE BILL 24 is as follows:
9, Yeas; 0, Nays; 0, Answering Present.
Y Novak, Chair Y Meyer
HOUSE OF REPRESENTATIVES 5849
Y Biggins (Krause) Y Morrow
Y Hassert Y O'Brien (Joseph Lyons)
Y Jones, Shirley Y Persico, Vice-Chair
A Leitch Y Scott
Representative Murphy, Chairperson, from the Committee on
Personnel & Pensions to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the bill be reported "do pass as amended" and be placed on
the order of Second Reading -- Short Debate: SENATE BILL 1103.
The committee roll call vote on SENATE BILL 1103 is as follows:
11, Yeas; 0, Nays; 0, Answering Present.
Y Murphy, Chair Y Osmond
Y Beaubien Y Poe
Y Delgado Y Pugh (Smith)
Y Hannig Y Schmitz
Y Hoeft, Spkpn Y Stroger
Y Woolard
Representative Mautino, 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 23.
The committee roll call vote on Amendment No. 2 to SENATE BILL 23
is as follows:
5, Yeas; 2, Nays; 0, Answering Present.
Y Pugh, Chair (O'Brien) Y Currie
A Beaubien Y Granberg
N Biggins Y Mautino, Vice-Chair
A Cross N Moore, Andrea, Spkpn
Y Turner, Art
CHANGE OF SPONSORSHIP
Representative Bassi asked and obtained unanimous consent to be
removed as chief sponsor and Representative Cross asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 1845.
CONFERENCE COMMITTEE REPORTS SUBMITTED
Representative Cowlishaw submitted the following First Conference
Committee Report on HOUSE BILL 134 which was ordered printed and
referred to the Committee on Rules:
91ST GENERAL ASSEMBLY
FIRST CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 134
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
5850 JOURNAL OF THE [May 26, 1999]
differences between the houses in relation to Senate Amendments No. 2
and 3 to House Bill 134, recommend the following:
(1) that the House concur in Senate Amendment Nos. 2 and 3; and
(2) that House Bill 134 be further amended, AS AMENDED, with
reference to page and line numbers of Senate Amendment No. 2, on page
1, lines 15 and 18, by replacing "85%", each time it appears, with
"15%"; and
on page 2, line 2, by replacing "85%" with "15%".
Submitted on May 26, 1999.
s/Sen. Chris Lauzen s/Rep. Barbara Flynn Currie
s/Sen. William Peterson Rep. Coy Pugh
s/Sen. James "Pate" Philip s/Rep. Steve Davis
s/Sen. Barack Obama s/Rep. Dan Rutherford
Sen. Art Berman s/Rep. Mary Lou Cowlishaw
Committee for the Senate Committee for the House
Representative Joseph Lyons submitted the following First
Conference Committee Report on HOUSE BILL 427 which was ordered
printed and referred to the Committee on Rules:
91ST GENERAL ASSEMBLY
FIRST CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 427
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to Senate Amendment No. 1
to House Bill 427, recommend the following:
(1) that the Senate recede from Senate Amendment No. 1; and
(2) that House Bill 427 be amended as follows:
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Assisted
Living and Shared Housing Act.
Section 5. Legislative purpose. The purpose of this Act is to
permit the development and availability of assisted living
establishments and shared housing establishments based on a social
model that promotes the dignity, individuality, privacy,
independence, autonomy, and decision-making ability and the right to
negotiated risk of those persons; to provide for the health, safety,
and welfare of those residents residing in assisted living and
shared housing establishments in this State; to promote continuous
quality improvement in assisted living; and to encourage the
development of innovative and affordable assisted living
establishments and shared housing with service establishments for
elderly persons of all income levels. It is the public policy of
this State that assisted living is an important part of the
continuum of long term care. In support of the goal of aging in
place within the parameters established by this Act, assisted living
and shared housing establishments shall be operated as residential
environments with supportive services designed to meet the
individual resident's changing needs and preferences. The
residential environment shall be designed to encourage family and
community involvement. The services available to residents, either
directly or through contracts or agreements, are intended to help
residents remain as independent as possible. Assisted living, which
promotes resident choice, autonomy, and decision making, should be
HOUSE OF REPRESENTATIVES 5851
based on a contract model designed to result in a negotiated
agreement between the resident or the resident's representative and
the provider, clearly identifying the services to be provided. This
model assumes that residents are able to direct services provided for
them and will designate a representative to direct these services if
they themselves are unable to do so. This model supports the
principle that there is an acceptable balance between consumer
protection and resident willingness to accept risk and that most
consumers are competent to make their own judgments about the
services they are obtaining. Regulation of assisted living
establishments and shared housing establishments must be sufficiently
flexible to allow residents to age in place within the parameters of
this Act. The administration of this Act and services provided must
therefore ensure that the residents have the rights and
responsibilities to direct the scope of services they receive and to
make individual choices based on their needs and preferences. These
establishments shall be operated in a manner that provides the least
restrictive and most homelike environment and that promotes
independence, autonomy, individuality, privacy, dignity, and the
right to negotiated risk in residential surroundings. It is not the
intent of the State that establishments licensed under this Act be
used as halfway houses for alcohol and substance abusers.
Section 10. Definitions. For purposes of this Act:
"Activities of daily living" means eating, dressing, bathing,
toileting, transferring, or personal hygiene.
"Advisory Board" means the Assisted Living and Shared Housing
Advisory Board.
"Assisted living establishment" or "establishment" means a home,
building, residence, or any other place where sleeping accommodations
are provided for at least 3 unrelated adults, at least 80% of whom
are 55 years of age or older and where the following are provided
consistent with the purposes of this Act:
(1) services consistent with a social model that is based
on the premise that the resident's unit in assisted living and
shared housing is his or her own home;
(2) community-based residential care for persons who need
assistance with activities of daily living, including personal,
supportive, and intermittent health-related services available
24 hours per day, if needed, to meet the scheduled and
unscheduled needs of a resident;
(3) mandatory services, whether provided directly by the
establishment or by another entity arranged for by the
establishment, with the consent of the resident or resident's
representative; and
(4) a physical environment that is a homelike setting that
includes the following and such other elements as established by
the Department in conjunction with the Assisted Living and Shared
Housing Advisory Board: individual living units each of which
shall accommodate small kitchen appliances and contain private
bathing, washing, and toilet facilities, or private washing and
toilet facilities with a common bathing room readily accessible
to each resident. Units shall be maintained for single occupancy
except in cases in which 2 residents choose to share a unit.
Sufficient common space shall exist to permit individual and
group activities.
"Assisted living establishment" or "establishment" does not mean
any of the following:
(1) A home, institution, or similar place operated by the
federal government or the State of Illinois.
(2) A long term care facility licensed under the Nursing
Home Care Act. However, a long term care facility may convert
5852 JOURNAL OF THE [May 26, 1999]
distinct parts of the facility to assisted living. If the long
term care facility elects to do so, the facility shall retain the
Certificate of Need for its nursing and sheltered care beds that
were converted.
(3) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis, care,
and treatment of human illness and that is required to be
licensed under the Hospital Licensing Act.
(4) A facility for child care as defined in the Child Care
Act of 1969.
(5) A community living facility as defined in the Community
Living Facilities Licensing Act.
(6) A nursing home or sanitarium operated solely by and for
persons who rely exclusively upon treatment by spiritual means
through prayer in accordance with the creed or tenants of a
well-recognized church or religious denomination.
(7) A facility licensed by the Department of Human Services
as a community-integrated living arrangement as defined in the
Community-Integrated Living Arrangements Licensure and
Certification Act.
(8) A supportive residence licensed under the Supportive
Residences Licensing Act.
(9) A life care facility as defined in the Life Care
Facilities Act; a life care facility may apply under this Act to
convert sections of the community to assisted living.
(10) A free-standing hospice facility licensed under the
Hospice Program Licensing Act.
(11) A shared housing establishment.
(12) A supportive living facility as described in Section
5-5.0la of the Illinois Public Aid Code.
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Emergency situation" means imminent danger of death or serious
physical harm to a resident of an establishment.
"License" means any of the following types of licenses issued to
an applicant or licensee by the Department:
(1) "Probationary license" means a license issued to an
applicant or licensee that has not held a license under this Act
prior to its application or pursuant to a license transfer in
accordance with Section 50 of this Act.
(2) "Regular license" means a license issued by the
Department to an applicant or licensee that is in substantial
compliance with this Act and any rules promulgated under this
Act.
"Licensee" means a person, agency, association, corporation,
partnership, or organization that has been issued a license to
operate an assisted living or shared housing establishment.
"Licensed health care professional" means a registered
professional nurse, an advanced practice nurse, a physician
assistant, and a licensed practical nurse.
"Mandatory services" include the following:
(1) 3 meals per day available to the residents prepared by
the establishment or an outside contractor;
(2) housekeeping services including, but not limited to,
vacuuming, dusting, and cleaning the resident's unit;
(3) personal laundry and linen services available to the
residents provided or arranged for by the establishment;
(4) security provided 24 hours each day including, but not
limited to, locked entrances or building or contract security
personnel;
(5) an emergency communication response system, which is a
HOUSE OF REPRESENTATIVES 5853
procedure in place 24 hours each day by which a resident can
notify building management, an emergency response vendor, or
others able to respond to his or her need for assistance; and
(6) assistance with activities of daily living as required
by each resident.
"Negotiated risk" is the process by which a resident, or his or
her representative, may formally negotiate with providers what
risks each are willing and unwilling to assume in service provision
and the resident's living environment. The provider assures that the
resident and the resident's representative, if any, are informed of
the risks of these decisions and of the potential consequences of
assuming these risks.
"Owner" means the individual, partnership, corporation,
association, or other person who owns an assisted living or shared
housing establishment. In the event an assisted living or shared
housing establishment is operated by a person who leases or manages
the physical plant, which is owned by another person, "owner" means
the person who operates the assisted living or shared housing
establishment, except that if the person who owns the physical plant
is an affiliate of the person who operates the assisted living or
shared housing establishment and has significant control over the day
to day operations of the assisted living or shared housing
establishment, the person who owns the physical plant shall incur
jointly and severally with the owner all liabilities imposed on an
owner under this Act.
"Physician" means a person licensed under the Medical Practice
Act of 1987 to practice medicine in all of its branches.
"Resident" means a person residing in an assisted living or
shared housing establishment.
"Resident's representative" means a person, other than the owner,
agent, or employee of an establishment or of the health care provider
unless related to the resident, designated in writing by a resident
to be his or her representative. This designation may be
accomplished through the Illinois Power of Attorney Act, pursuant to
the guardianship process under the Probate Act of 1975, or pursuant
to an executed designation of representative form specified by the
Department.
"Self" means the individual or the individual's designated
representative.
"Shared housing establishment" or "establishment" means a
publicly or privately operated free-standing residence for 12 or
fewer persons, at least 80% of whom are 55 years of age or older and
who are unrelated to the owners and one manager of the residence,
where the following are provided:
(1) services consistent with a social model that is based
on the premise that the resident's unit is his or her own home;
(2) community-based residential care for persons who need
assistance with activities of daily living, including housing and
personal, supportive, and intermittent health-related services
available 24 hours per day, if needed, to meet the scheduled and
unscheduled needs of a resident; and
(3) mandatory services, whether provided directly by the
establishment or by another entity arranged for by the
establishment, with the consent of the resident or the resident's
representative.
"Shared housing establishment" or "establishment" does not mean
any of the following:
(1) A home, institution, or similar place operated by the
federal government or the State of Illinois.
(2) A long term care facility licensed under the Nursing
Home Care Act. A long term care facility may, however, convert
5854 JOURNAL OF THE [May 26, 1999]
sections of the facility to assisted living. If the long term
care facility elects to do so, the facility shall retain the
Certificate of Need for its nursing beds that were converted.
(3) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis, care,
and treatment of human illness and that is required to be
licensed under the Hospital Licensing Act.
(4) A facility for child care as defined in the Child Care
Act of 1969.
(5) A community living facility as defined in the Community
Living Facilities Licensing Act.
(6) A nursing home or sanitarium operated solely by and for
persons who rely exclusively upon treatment by spiritual means
through prayer in accordance with the creed or tenants of a
well-recognized church or religious denomination.
(7) A facility licensed by the Department of Human Services
as a community-intergrated living arrangement as defined in the
Community-Integrated Living Arrangements Licensure and
Certification Act.
(8) A supportive residence licensed under the Supportive
Residences Licensing Act.
(9) A life care facility as defined in the Life Care
Facilities Act; a life care facility may apply under this Act to
convert sections of the community to assisted living.
(10) A free-standing hospice facility licensed under the
Hospice Program Licensing Act.
(11) An assisted living establishment.
(12) A supportive living facility as described in Section
5-5.01a of the Illinois Public Aid Code.
"Total assistance" means that staff or another individual
performs the entire activity of daily living without participation by
the resident.
Section 15. Assessment and service plan requirements. Prior to
admission to any establishment covered by this Act, a comprehensive
assessment that includes an evaluation of the prospective resident's
physical, cognitive, and psychosocial condition shall be completed.
At least annually, a comprehensive assessment shall be completed, and
upon identification of a significant change in the resident's
condition, the resident shall be reassessed. The Department may by
rule specify circumstances under which more frequent assessments of
skin integrity and nutritional status shall be required. The
comprehensive assessment shall be completed by a physician. Based on
the assessment, a written service plan shall be developed and
mutually agreed upon by the provider and the resident. The service
plan, which shall be reviewed annually, or more often as the
resident's condition, preferences, or service needs change, shall
serve as a basis for the service delivery contract between the
provider and the resident. Based on the assessment, the service plan
may provide for the disconnection or removal of any appliance.
Section 20. Construction and operating standards. The
Department, in consultation with the Advisory Board, shall prescribe
minimum standards for establishments. These standards shall include:
(1) the location and construction of the establishment,
including plumbing, heating, lighting, ventilation, and other
physical conditions which shall ensure the health, safety, and
comfort of residents and their protection from fire hazards;
these standards shall include, at a minimum, compliance with the
residential board and care occupancies chapter of the National
Fire Protection Association's Life Safety Code, local and State
building codes for the building type, and accessibility standards
of the Americans with Disabilities Act;
HOUSE OF REPRESENTATIVES 5855
(2) the number and qualifications of all personnel having
responsibility for any part of the services provided for
residents;
(3) all sanitary conditions within the establishment and
its surroundings, including water supply, sewage disposal, food
handling, infection control, and general hygiene, which shall
ensure the health and comfort of residents;
(4) a program for adequate maintenance of physical plant
and equipment;
(5) adequate accommodations, staff, and services for the
number and types of residents for whom the establishment is
licensed;
(6) the development of evacuation and other appropriate
safety plans for use during weather, health, fire, physical
plant, environmental, and national defense emergencies; and
(7) the maintenance of minimum financial and other
resources necessary to meet the standards established under this
Section and to operate the establishment in accordance with this
Act.
Section 25. License requirement. No person may establish,
operate, maintain, or offer an establishment as an assisted living
establishment or shared housing establishment as defined by the Act
within this State unless and until he or she obtains a valid license,
which remains unsuspended, unrevoked, and unexpired. No public
official or employee may place any person in, or recommend that any
person be placed in, or directly or indirectly cause any person to
be placed in any establishment that is being operated without a valid
license. An entity that operates as an assisted living or shared
housing establishment as defined by this Act without a license shall
be subject to the provisions, including penalties, of the Nursing
Home Care Act. No entity shall use in its name or advertise
"assisted living" unless licensed as an assisted living establishment
under this Act or as a shelter care facility under the Nursing Home
Care Act that also meets the definition of an assisted living
establishment under this Act, except a shared housing establishment
licensed under this Act may advertise assisted living services.
Section 30. Licensing.
(a) The Department, in consultation with the Advisory Board,
shall establish by rule forms, procedures, and fees for the annual
licensing of assisted living and shared housing establishments;
shall establish and enforce sanctions and penalties for operating in
violation of this Act, as provided in Section 135 of this Act and
rules adopted under Section 110 of this Act. The Department shall
conduct an annual on-site review for each establishment covered by
this Act, which shall include, but not be limited to, compliance with
this Act and rules adopted hereunder, focus on solving resident
issues and concerns, and the quality improvement process implemented
by the establishment to address resident issues. The quality
improvement process implemented by the establishment must benchmark
performance, be customer centered, be data driven, and focus on
resident satisfaction.
(b) An establishment shall provide the following information to
the Department to be considered for licensure:
(1) the business name, street address, mailing address, and
telephone number of the establishment;
(2) the name and mailing address of the owner or owners of
the establishment and if the owner or owners are not natural
persons, identification of the type of business entity of the
owners, and the names and addresses of the officers and members
of the governing body, or comparable persons for partnerships,
limited liability companies, or other types of business
5856 JOURNAL OF THE [May 26, 1999]
organizations;
(3) financial information, content and form to be
determined by rules which may provide different standards for
assisted living establishments and shared housing establishments,
establishing that the project is financially feasible;
(4) the name and mailing address of the managing agent of
the establishment, whether hired under a management agreement or
lease agreement, if different from the owner or owners, and the
name of the full-time director;
(5) verification that the establishment has entered or
will enter into a service delivery contract as provided in
Section 90, as required under this Act, with each resident or
resident's representative;
(6) the name and address of at least one natural person
who shall be responsible for dealing with the Department on all
matters provided for in this Act, on whom personal service of
all notices and orders shall be made, and who shall be authorized
to accept service on behalf of the owner or owners and the
managing agent. Notwithstanding a contrary provision of the Code
of Civil Procedure, personal service on the person identified
pursuant to this subsection shall be considered service on the
owner or owners and the managing agent, and it shall not be a
defense to any action that personal service was not made on each
individual or entity;
(7) the signature of the authorized representative of the
owner or owners;
(8) proof of an ongoing quality improvement program in
accordance with rules adopted by the Department in collaboration
with the Advisory Board;
(9) information about the number and types of units, the
maximum census, and the services to be provided at the
establishment, proof of compliance with applicable State and
local residential standards, and a copy of the standard contract
offered to residents;
(10) documentation of adequate liability insurance; and
(11) other information necessary to determine the identity
and qualifications of an applicant or licensee to operate an
establishment in accordance with this Act as required by the
Department by rule.
(c) The information in the statement of ownership shall be
public information and shall be available from the Department.
Section 35. Issuance of license.
(a) Upon receipt and review of an application for a license and
review of the applicant establishment, the Director may issue a
license if he or she finds:
(1) that the individual applicant, or the corporation,
partnership, or other entity if the applicant is not an
individual, is a person responsible and suitable to operate or to
direct or participate in the operation of an establishment by
virtue of financial capacity, appropriate business or
professional experience, a record of lawful compliance with
lawful orders of the Department and lack of revocation of a
license issued under this Act or the Nursing Home Care Act during
the previous 5 years;
(2) that the establishment is under the supervision of a
full-time director who is at least 21 years of age with ability,
training, and education appropriate to meet the needs of the
residents and to manage the operations of the establishment and
who participates in ongoing training for these purposes;
(3) that the establishment has staff sufficient in number
with qualifications, adequate skills, education, and experience
HOUSE OF REPRESENTATIVES 5857
to meet the 24 hour scheduled and unscheduled needs of residents
and who participate in ongoing training to serve the resident
population;
(4) that direct care staff meet the requirements of the
Health Care Worker Background Check Act;
(5) that the applicant is in substantial compliance with
this Act and such other requirements for a license as the
Department by rule may establish under this Act;
(6) that the applicant pays all required fees;
(7) that the applicant has provided to the Department an
accurate disclosure document in accordance with the Alzheimer's
Special Care Disclosure Act.
Any license issued by the Director shall state the physical
location of the establishment, the date the license was issued, and
the expiration date. All licenses shall be valid for one year,
except as provided in Section 40. Each license shall be issued only
for the premises and persons named in the application, and shall not
be transferable or assignable.
Section 40. Probationary licenses. If the applicant has not
been previously licensed under this Act or if the establishment is
not in operation at the time the application is made, the Department
may issue a probationary license. A probationary license shall be
valid for 120 days unless sooner suspended or revoked. Within 30
days prior to the termination of a probationary license, the
Department shall fully and completely review the establishment and,
if the establishment meets the applicable requirements for licensure,
shall issue a license. If the Department finds that the
establishment does not meet the requirements for licensure, but has
made substantial progress toward meeting those requirements, the
license may be renewed once for a period not to exceed 120 days from
the expiration date of the initial probationary license.
Section 45. Renewal of licenses. At least 120 days, but not
more than 150 days prior to license expiration, the licensee shall
submit an application for renewal of the license in such form and
containing such information as the Department requires. If the
application is approved, the license shall be renewed for an
additional one-year period. If appropriate, the renewal application
shall not be approved unless the applicant has provided to the
Department an accurate disclosure document in accordance with the
Alzheimer's Special Care Disclosure Act. If the application for
renewal is not timely filed, the Department shall so inform the
licensee.
Section 50. Transfer of ownership.
(a) Whenever ownership of an establishment is transferred from
the person named in the license to any other person, the transferee
must obtain a new probationary license. The transferee shall notify
the Department of the transfer and apply for a new license at least
30 days prior to final transfer.
(b) The transferor shall notify the Department at least 30 days
prior to final transfer. The transferor shall remain responsible for
the operation of the establishment until such time as a license is
issued to the transferee.
Section 55. Grounds for denial of a license. An application for
a license may be denied for any of the following reasons:
(1) failure to meet any of the standards set forth in this
Act or by rules adopted by the Department under this Act;
(2) conviction of the applicant, or if the applicant is a
firm, partnership, or association, of any of its members, or if a
corporation, the conviction of the corporation or any of its
officers or stockholders, or of the person designated to manage
or supervise the establishment, of a felony or of 2 or more
5858 JOURNAL OF THE [May 26, 1999]
misdemeanors involving moral turpitude during the previous 5
years as shown by a certified copy of the record of the court of
conviction;
(3) personnel insufficient in number or unqualified by
training or experience to properly care for the residents;
(4) insufficient financial or other resources to operate
and conduct the establishment in accordance with standards
adopted by the Department under this Act;
(5) revocation of a license during the previous 5 years, if
such prior license was issued to the individual applicant, a
controlling owner or controlling combination of owners of the
applicant; or any affiliate of the individual applicant or
controlling owner of the applicant and such individual applicant,
controlling owner of the applicant or affiliate of the applicant
was a controlling owner of the prior license; provided, however,
that the denial of an application for a license pursuant to this
Section must be supported by evidence that the prior revocation
renders the applicant unqualified or incapable of meeting or
maintaining an establishment in accordance with the standards and
rules adopted by the Department under this Act; or
(6) the establishment is not under the direct supervision
of a full-time director, as defined by rule.
Section 60. Notice of denial; request for hearing; hearing.
(a) Immediately upon the denial of any application or
reapplication for a license under this Act, the Department shall
notify the applicant in writing. Notice of denial shall include a
clear and concise statement of the violations of this Act on which
the denial is based and notice of the opportunity for a hearing. If
the applicant or licensee wishes to contest the denial of a license,
it shall provide written notice to the Department of a request for a
hearing within 10 days after receipt of the notice of denial. The
Department shall commence a hearing under this Section.
(b) A request for a hearing by aggrieved persons shall be taken
to the Department as follows:
(1) Upon the receipt of a request in writing for a hearing,
the Director or a person designated in writing by the Director to
act as a hearing officer shall conduct a hearing to review the
decision.
(2) Before the hearing is held notice of the hearing shall
be sent by the Department to the person making the request for
the hearing and to the person making the decision which is being
reviewed. In the notice the Department shall specify the date,
time, and place of the hearing, which shall be held not less than
10 days after the notice is mailed or delivered. The notice
shall designate the decision being reviewed. The notice may be
served by delivering it personally to the parties or their
representatives or by mailing it by certified mail to the
parties' addresses.
(3) The Department shall commence the hearing within 30
days after the receipt of request for hearing. The hearing shall
proceed as expeditiously as practicable, but in all cases shall
conclude within 90 days after commencement.
(c) The Director or hearing officer shall permit any party to
appear in person and to be represented by counsel at the hearing, at
which time the applicant or licensee shall be afforded an opportunity
to present all relevant matter in support of his or her position. In
the event of the inability of any party or the Department to procure
the attendance of witnesses to give testimony or produce books and
papers, any party or the Department may take the deposition of
witnesses in accordance with the provisions of the laws of this
State. All testimony shall be reduced to writing, and all testimony
HOUSE OF REPRESENTATIVES 5859
and other evidence introduced at the hearing shall be a part of the
record of the hearing.
(d) The Director or hearing officer shall make findings of fact
in the hearing, and the Director shall render his or her decision
within 30 days after the termination of the hearing, unless
additional time not to exceed 90 days is required by him or her for a
proper disposition of the matter. When the hearing has been
conducted by a hearing officer, the Director shall review the record
and findings of fact before rendering a decision. All decisions
rendered by the Director shall be binding upon and complied with by
the Department, the establishment, or the persons involved in the
hearing, as appropriate to each case.
Section 65. Revocation, suspension, or refusal to renew
license.
(a) The Department, after notice to the applicant or licensee,
may suspend, revoke, or refuse to renew a license in any case in
which the Department finds any of the following:
(1) that there has been a substantial failure to comply
with this Act or the rules promulgated by the Department under
this Act;
(2) that there has been a conviction of the licensee, or of
the person designated to manage or supervise the establishment,
of a felony or of 2 or more misdemeanors involving moral
turpitude during the previous 5 years as shown by a certified
copy of the record of the court of conviction;
(3) that the personnel is insufficient in number or
unqualified by training or experience to properly care for the
number and type of residents served by the establishment;
(4) that the financial or other resources are insufficient
to conduct and operate the establishment in accordance with
standards promulgated by the Department under this Act; or
(5) that the establishment is not under the direct
supervision of a full-time director, as defined by rule.
(b) Notice under this Section shall include a clear and concise
statement of the violations on which the nonrenewal or revocation is
based, the statute or rule violated, and notice of the opportunity
for a hearing under Section 60.
(c) If an establishment desires to contest the nonrenewal or
revocation of a license, the establishment shall, within 10 days
after receipt of notice under subsection (b) of this Section, notify
the Department in writing of its request for a hearing under Section
60. Upon receipt of the request the Department shall send notice to
the establishment and hold a hearing as provided under Section 60.
(d) The effective date of nonrenewal or revocation of a license
by the Department shall be any of the following:
(1) until otherwise ordered by the circuit court,
revocation is effective on the date set by the Department in the
notice of revocation, or upon final action after hearing under
Section 60, whichever is later;
(2) until otherwise ordered by the circuit court,
nonrenewal is effective on the date of expiration of any existing
license, or upon final action after hearing under Section 60,
whichever is later; however, a license shall not be deemed to
have expired if the Department fails to timely respond to a
timely request for renewal under this Act or for a hearing to
contest nonrenewal; or
(3) the Department may extend the effective date of license
revocation or expiration in any case in order to permit orderly
removal and relocation of residents.
(e) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the tax,
5860 JOURNAL OF THE [May 26, 1999]
penalty or interest shown in a filed return, or to pay any final
assessment of tax, penalty or interest, as required by any tax Act
administered by the Illinois Department of Revenue, until such time
as the requirements of any such tax Act are satisfied.
Section 70. Service requirements. An establishment must provide
all mandatory services and may provide optional services, including
medication reminders, supervision of self-administered medication and
medication administration as defined by this Section and nonmedical
services defined by rule, whether provided directly by the
establishment or by another entity arranged for by the establishment
with the consent of the resident or the resident's representative.
For the purposes of this Section, "medication reminders" means
reminding residents to take pre-dispensed, self-administered
medication, observing the resident, and documenting whether or not
the resident took the medication.
For the purposes of this Section, "supervision of
self-administered medication" means assisting the resident with
self-administered medication using any combination of the following:
reminding residents to take medication, reading the medication label
to residents, checking the self-administered medication dosage
against the label of the medication, confirming that residents have
obtained and are taking the dosage as prescribed, and documenting in
writing that the resident has taken (or refused to take) the
medication. If residents are physically unable to open the
container, the container may be opened for them. Supervision of
self-administered medication shall be under the direction of a
licensed health care professional.
For the purposes of this Section, "medication administration"
refers to a licensed health care professional employed by an
establishment engaging in administering routine insulin and vitamin
B-12 injections, oral medications, topical treatments, eye and ear
drops, or nitroglycerin patches. Non-licensed staff may not
administer any medication.
The Department shall specify by rule procedures for medication
reminders, supervision of self-administered medication, and
medication administration.
Nothing in this Act shall preclude a physician licensed to
practice medicine in all its branches from providing services to any
resident.
Section 75. Residency Requirements.
(a) No individual shall be accepted for residency or remain in
residence if the establishment cannot provide or secure appropriate
services, if the individual requires a level of service or type of
service for which the establishment is not licensed or which the
establishment does not provide, or if the establishment does not have
the staff appropriate in numbers and with appropriate skill to
provide such services.
(b) Only adults may be accepted for residency.
(c) A person shall not be accepted for residency if:
(1) the person poses a serious threat to himself or herself
or to others;
(2) the person is not able to communicate his or her needs
and no resident representative residing in the establishment, and
with a prior relationship to the person, has been appointed to
direct the provision of services;
(3) the person requires total assistance with 2 or more
activities of daily living;
(4) the person requires the assistance of more than one
paid caregiver at any given time with an activity of daily
living;
(5) the person requires more than minimal assistance in
HOUSE OF REPRESENTATIVES 5861
moving to a safe area in an emergency;
(6) the person has a severe mental illness, which for the
purposes of this Section means a condition that is characterized
by the presence of a major mental disorder as classified in the
Diagnostic and Statistical Manual of Mental Disorders, Fourth
Edition (DSM-IV) (American Psychiatric Association, 1994), where
the individual is substantially disabled due to mental illness in
the areas of self-maintenance, social functioning, activities of
community living and work skills, and the disability specified is
expected to be present for a period of not less than one year,
but does not mean Alzheimer's disease and other forms of
dementia based on organic or physical disorders;
(7) the person requires intravenous therapy or intravenous
feedings unless self-administered or administered by a qualified,
licensed health care professional;
(8) the person requires gastrostomy feedings unless
self-administered or administered by a licensed health care
professional;
(9) the person requires insertion, sterile irrigation, and
replacement of catheter, except for routine maintenance of
urinary catheters, unless the catheter care is self-administered
or administered by a licensed health care professional;
(10) the person requires sterile wound care unless care is
self-administered or administered by a licensed health care
professional;
(11) the person requires sliding scale insulin
administration unless self-performed or administered by a
licensed health care professional;
(12) the person is a diabetic requiring routine insulin
injections unless the injections are self-administered or
administered by a licensed health care professional;
(13) the person requires treatment of stage 3 or stage 4
decubitus ulcers or exfoliative dermatitis;
(14) the person requires 5 or more skilled nursing visits
per week for conditions other than those listed in items (13) and
(15) of this subsection for a period of 3 consecutive weeks or
more except when the course of treatment is expected to extend
beyond a 3 week period for rehabilitative purposes and is
certified as temporary by a physician; or
(15) other reasons prescribed by the Department by rule.
(d) A resident with a condition listed in items (1) through
(15) of subsection (c) shall have his or her residency terminated.
(e) Residency shall be terminated when services available to the
resident in the establishment are no longer adequate to meet the
needs of the resident. This provision shall not be interpreted as
limiting the authority of the Department to require the residency
termination of individuals.
(f) Subsection (d) of this Section shall not apply to terminally
ill residents who receive or would qualify for hospice care
coordinated by a hospice licensed under the Hospice Program
Licensing Act or other licensed health care professional employed by
a licensed home health agency and the establishment and all parties
agree to the continued residency.
(g) Items (3), (4), (5), and (9) of subsection (c) shall not
apply to a quadriplegic, paraplegic, or individual with
neuro-muscular diseases, such as muscular dystrophy and multiple
sclerosis, or other chronic diseases and conditions as defined by
rule if the individual is able to communicate his or her needs and
does not require assistance with complex medical problems, and the
establishment is able to accommodate the individual's needs. The
Department shall prescribe rules pursuant to this Section that
5862 JOURNAL OF THE [May 26, 1999]
address special safety and service needs of these individuals.
(h) For the purposes of items (7) through (11) of subsection
(c), a licensed health care professional may not be employed by the
establishment. An agency or entity employing licensed health care
professionals that has common ownership with an establishment shall
not exclusively market services to that establishment. Nothing in
this Section is meant to limit a resident's right to choose his or
her health care provider.
Section 80. Involuntary termination of residency.
(a) Residency shall be involuntarily terminated only for the
following reasons:
(1) as provided in Section 75 of this Act;
(2) nonpayment of contracted charges after the resident
and the resident's representative have received a minimum of
30-days written notice of the delinquency and the resident or the
resident's representative has had at least 15 days to cure the
delinquency; or
(3) failure to execute a service delivery contract or to
substantially comply with its terms and conditions, failure to
comply with the assessment requirements contained in Section 15,
or failure to substantially comply with the terms and conditions
of the lease agreement.
(b) A 30 day written notice of residency termination shall be
provided to the resident, the resident's representative, or both, and
the long term care ombudsman, which shall include the reason for the
pending action, the date of the proposed move, and a notice, the
content and form to be set forth by rule, of the resident's right to
appeal, the steps that the resident or the resident's representative
must take to initiate an appeal, and a statement of the resident's
right to continue to reside in the establishment until a decision is
rendered. The notice shall include a toll free telephone number to
initiate an appeal and a written hearing request form, together with
a postage paid, pre-addressed envelope to the Department. If the
resident or the resident's representative, if any, cannot read
English, the notice must be provided in a language the individual
receiving the notice can read or the establishment must provide a
translator who has been trained to assist the resident or the
resident's representative in the appeal process. In emergency
situations as defined in Section 10 of this Act, the 30-day provision
of the written notice may be waived.
(c) The establishment shall attempt to resolve with the resident
or the resident's representative, if any, circumstances that if not
remedied have the potential of resulting in an involuntary
termination of residency and shall document those efforts in the
resident's file. This action may occur prior to or during the 30 day
notice period, but must occur prior to the termination of the
residency. In emergency situations as defined in Section 10 of this
Act, the requirements of this subsection may be waived.
(d) A request for a hearing shall stay an involuntary
termination of residency until a decision has been rendered by the
Department, according to a process adopted by rule. During this time
period, the establishment may not terminate or reduce any service for
the purpose of making it more difficult or impossible for the
resident to remain in the establishment.
(e) The establishment shall offer the resident and the
resident's representative, if any, residency termination and
relocation assistance including information on available alternative
placement. Residents shall be involved in planning the move and
shall choose among the available alternative placements except when
an emergency situation makes prior resident involvement impossible.
Emergency placements are deemed temporary until the resident's input
HOUSE OF REPRESENTATIVES 5863
can be sought in the final placement decision. No resident shall be
forced to remain in a temporary or permanent placement.
(f) The Department may offer assistance to the establishment and
the resident in the preparation of residency termination and
relocation plans to assure safe and orderly transition and to protect
the resident's health, safety, welfare, and rights. In
nonemergencies, and where possible in emergencies, the transition
plan shall be designed and implemented in advance of transfer or
residency termination.
Section 85. Contract requirements. No entity may establish,
operate, conduct, or maintain an establishment in this State unless a
written service delivery contract is executed between the
establishment and each resident or resident's representative in
accordance with Section 90 and unless the establishment operates in
accordance with the terms of the contract. The resident or the
resident's representative shall be given a complete copy of the
contract and all supporting documents and attachments and any changes
whenever changes are made. If the resident does not understand
English and if translated documents are not available, the
establishment must explain its policies to a responsible relative or
friend or another individual who has agreed to communicate the
information to the resident.
Section 90. Contents of service delivery contract. A contract
between an establishment and a resident must be entitled "assisted
living establishment contract" or "shared housing establishment
contract" as applicable, shall be printed in no less than 12 point
type, and shall include at least the following elements in the body
or through supporting documents or attachments:
(1) the name, street address, and mailing address of the
establishment;
(2) the name and mailing address of the owner or owners of
the establishment and, if the owner or owners are not natural
persons, the type of business entity of the owner or owners;
(3) the name and mailing address of the managing agent of
the establishment, whether hired under a management agreement or
lease agreement, if the managing agent is different from the
owner or owners;
(4) the name and address of at least one natural person who
is authorized to accept service on behalf of the owners and
managing agent;
(5) a statement describing the license status of the
establishment and the license status of all providers of
health-related or supportive services to a resident under
arrangement with the establishment;
(6) the duration of the contract;
(7) the base rate to be paid by the resident and a
description of the services to be provided as part of this rate;
(8) a description of any additional services to be provided
for an additional fee by the establishment directly or by a third
party provider under arrangement with the establishment;
(9) the fee schedules outlining the cost of any additional
services;
(10) a description of the process through which the
contract may be modified, amended, or terminated;
(11) a description of the establishment's complaint
resolution process available to residents and notice of the
availability of the Department on Aging's Senior Helpline for
complaints;
(12) the name of the resident's designated representative,
if any;
(13) the resident's obligations in order to maintain
5864 JOURNAL OF THE [May 26, 1999]
residency and receive services including compliance with all
assessments required under Section 15;
(14) the billing and payment procedures and requirements;
(15) a statement affirming the resident's freedom to
receive services from service providers with whom the
establishment does not have a contractual arrangement, which may
also disclaim liability on the part of the establishment for
those services;
(16) a statement that medical assistance under Article V
or Article VI of the Illinois Public Aid Code is not available
for payment for services provided in an establishment;
(17) a statement detailing the admission, risk management,
and residency termination criteria and procedures;
(18) a statement listing the rights specified in Section 95
and acknowledging that, by contracting with the assisted living
or shared housing establishment, the resident does not forfeit
those rights; and
(19) a statement detailing the Department's annual on-site
review process including what documents contained in a resident's
personal file shall be reviewed by the on-site reviewer as
defined by rule.
Section 95. Resident rights. No resident shall be deprived of
any rights, benefits, or privileges guaranteed by law, the
Constitution of the State of Illinois, or the Constitution of the
United States solely on account of his or her status as a resident of
an establishment, nor shall a resident forfeit any of the following
rights:
(1) the right to retain and use personal property and a
place to store personal items that is locked and secure;
(2) the right to refuse services and to be advised of the
consequences of that refusal;
(3) the right to respect for bodily privacy and dignity at
all times, especially during care and treatment;
(4) the right to the free exercise of religion;
(5) the right to privacy with regard to mail, phone calls,
and visitors;
(6) the right to uncensored access to the State Ombudsman
or his or her designee;
(7) the right to be free of retaliation for criticizing the
establishment or making complaints to appropriate agencies;
(8) the right to be free of chemical and physical
restraints;
(9) the right to be free of abuse or neglect or to refuse
to perform labor;
(10) the right to confidentiality of the resident's medical
records;
(11) the right of access and the right to copy the
resident's personal files maintained by the establishment;
(12) the right to 24 hours access to the establishment;
(13) the right to a minimum of 90-days notice of a planned
establishment closure;
(14) the right to a minimum of 30-days notice of an
involuntary residency termination, except where the resident
poses a threat to himself or others, or in other emergency
situations, and the right to appeal such termination; and
(15) the right to a 30-day notice of delinquency and at
least 15 days right to cure delinquency.
Section 100. Notice of closure. An owner of an establishment
licensed under this Act shall give 90 days notice prior to
voluntarily closing the establishment or prior to closing any part of
the establishment if closing the part will require residency
HOUSE OF REPRESENTATIVES 5865
termination. The notice shall be given to the Department, to any
resident who must have their residency terminated, the resident's
representative, and to a member of the resident's family, where
practicable. The notice shall state the proposed date of closing and
the reason for closing. The establishment shall offer to assist the
resident in securing an alternative placement and shall advise the
resident on available alternatives. Where the resident is unable to
choose an alternative placement and is not under guardianship, the
Department shall be notified of the need for relocation assistance.
The establishment shall comply with all applicable laws and rules
until the date of closing, including those related to residency
termination.
Section 105. Record retention. Service delivery contracts and
related documents executed by each resident or resident's
representative shall be maintained by an establishment subject to
this Act from the date of execution until 3 years after the contract
is terminated. The establishment shall also maintain and retain
records to support compliance with each individual contract and with
applicable federal and State rules. The records and supporting
documents, as defined by rule, shall be made available for on-site
inspection by the Department upon request at any time.
Section 110. Powers and duties of the Department.
(a) The Department shall conduct an annual unannounced on-site
visit at each assisted living and shared housing establishment to
determine compliance with applicable licensure requirements and
standards. Additional visits may be conducted without prior notice
to the assisted living or shared housing establishment.
(b) Upon receipt of information that may indicate the failure
of the assisted living or shared housing establishment or a service
provider to comply with a provision of this Act, the Department
shall investigate the matter or make appropriate referrals to other
government agencies and entities having jurisdiction over the
subject matter of the possible violation. The Department may also
make referrals to any public or private agency that the Department
considers available for appropriate assistance to those involved.
The Department may oversee and coordinate the enforcement of State
consumer protection policies affecting residents residing in an
establishment licensed under this Act.
(c) The Department shall establish by rule complaint receipt,
investigation, resolution, and involuntary residency termination
procedures. Resolution procedures shall provide for on-site review
and evaluation of an assisted living or shared housing
establishment found to be in violation of this Act within a specified
period of time based on the gravity and severity of the violation
and any pervasive pattern of occurrences of the same or similar
violations.
(d) The Director shall establish an Assisted Living and Shared
Housing Advisory Board.
(e) The Department shall by rule establish penalties and
sanctions, which shall include, but need not be limited to, the
creation of a schedule of graduated penalties and sanctions to
include closure.
(f) The Department shall by rule establish procedures for
disclosure of information to the public, which shall include, but not
be limited to, ownership, licensure status, frequency of complaints,
disposition of substantiated complaints, and disciplinary actions.
(g) The Department shall cooperate with, seek the advice of, and
collaborate with the Assisted Living and Shared Housing Quality of
Life Advisory Committee in the Department on Aging on matters related
to the responsibilities of the Committee. Consistent with subsection
(d) of Section 125, the Department shall provide to the Department on
5866 JOURNAL OF THE [May 26, 1999]
Aging for distribution to the committee copies of all administrative
rules and changes to administrative rules for review and comment
prior to notice being given to the public. If the Committee, having
been asked for its review, fails to respond within 90 days, the rules
shall be considered acted upon.
(h) Beginning January 1, 2000, the Department shall begin
drafting rules necessary for the administration of this Act.
Section 115. Reports and access to information. The Department
may require periodic reports and shall have access to and may
reproduce or photocopy at its cost any books, records or other
documents maintained by the establishment to the extent necessary to
carry out this Act and shall not divulge or disclose the contents of
a resident's record obtained under this Section in violation of this
Act.
Section 120. Consent to review. A licensee or applicant for a
license shall be deemed to have given consent to any authorized
officer, employee, or agent of the Department to enter and review the
establishment in accordance with this Act, except that entrance to
individual rooms shall only be given with the consent of the resident
or the resident's representative. Refusal to permit entry or review
shall constitute grounds for denial, nonrenewal, or revocation of a
license.
Section 125. Assisted Living and Shared Housing Advisory Board.
(a) The Director shall appoint the Assisted Living and Shared
Housing Advisory Board which shall be responsible for advising the
Director in all aspects of the administration of the Act.
(b) The Board shall be comprised of the following persons:
(1) the Director who shall serve as chair, ex officio and
nonvoting;
(2) the Director of Aging who shall serve as vice-chair, ex
officio and nonvoting;
(3) one representative each of the Departments of Public
Health, Public Aid, and Human Services, the Department on Aging,
the Office of the State Fire Marshal, and the Illinois Housing
Development Authority, all nonvoting members;
(4) the State Ombudsman or his or her designee;
(5) one representative of the Association of Area Agencies
on Aging;
(6) four members selected from the recommendations by
provider organizations whose membership consist of nursing care
or assisted living establishments;
(7) one member selected from the recommendations of
provider organizations whose membership consists of home health
agencies;
(8) two residents of assisted living or shared housing
establishments;
(9) three members selected from the recommendations of
consumer organizations which engage solely in advocacy or legal
representation on behalf of the senior population;
(10) one member who shall be a physician;
(11) one member who shall be a registered professional
nurse selected from the recommendations of professional nursing
associations; and
(12) two citizen members with expertise in the area of
gerontology research or legal research regarding implementation
of assisted living statutes.
(c) Members of the Board created by this Act shall be appointed
to serve for terms of 3 years. All members shall be appointed no
sooner than January 1, 2000 and no later than March 1, 2000. One
third of the Board members' initial terms shall expire in one year;
one third in 2 years, and one third in 3 years. A member's term does
HOUSE OF REPRESENTATIVES 5867
not expire until a successor is appointed by the Director. Any
member appointed to fill a vacancy occurring prior to the expiration
of the term for which his or her predecessor was appointed shall be
appointed for the remainder of that term. The Board shall meet at
the call of the Director. The affirmative vote of 9 members of the
Board shall be necessary for Board action. Members of this Board
shall receive no compensation for their services, however, resident
members shall be reimbursed for their actual expenses.
(d) The Board shall be provided copies of all administrative
rules and changes to administrative rules for review and comment
prior to notice being given to the public. If the Board, having been
asked for its review, fails to advise the Department within 90 days,
the rules shall be considered acted upon.
Section 130. Assisted Living and Shared Housing Quality of Life
Advisory Committee.
(a) For the purpose of this Section only, "Department" means the
Department on Aging and "Director" means the Director of Aging.
(b) There shall be established within the Department on Aging
the Assisted Living and Shared Housing Quality of Life Advisory
Committee. The committee shall give advice to the Department on
activities of the assisted living ombudsman and all other matters
deemed relevant by the Director and to the Director of Public Health
on the delivery of personal care services, the unique needs and
concerns of seniors residing in housing projects, and all other
issues affecting the quality of life of residents. At least 3
members of the committee must serve on the Assisted Living and Shared
Housing Advisory Board. The committee shall be comprised of 19
members appointed by the Director and composed of the following
persons or their designees: the State Ombudsman; the Director of the
Division of Long Term Care; the Director of the Division of Older
American Services; one member representing the Department of Public
Health; one member representing the Area Agencies on Aging; one
member representing agencies providing case coordination services; 3
members each representing different provider organizations whose
membership consists of residential facilities serving seniors; 2
members representing providers of community care services; one member
representing the Community Based Residential Facility projects; one
member representing the Department of Public Aid's Supportive Living
Facilities; two residents of assisted living or shared housing
establishments; 2 members representing consumer groups that engage
solely in advocacy or legal representation on behalf of the senior
population; and 2 citizen members with expertise in either
gerontology research or legal research regarding the implementation
of assisted living statutes.
The Director or his or her designee shall serve as the ex officio
and nonvoting chair. The Director of Public Health or his or her
designee shall serve as the ex officio and nonvoting vice-chair. A
quorum shall consist of 10 voting members and all decisions shall be
made by simple majority. Members of the committee shall serve for 3
years or until a replacement has been named. Initial appointments
shall have staggered terms to permit no more than one-third of the
committee to be reappointed each year. Members of the committee
shall not receive compensation for their services or expenses, except
resident members, who shall be reimbursed for actual expenses. The
committee shall review and comment on proposed rules to be
promulgated pursuant to this Act by the Director or the Director of
Public Health. The Director of Public Health shall provide copies of
rules pursuant to subsection (h) of Section 110. The Director shall
provide the committee copies of all administrative rules and changes
to administrative rules for review and comment prior to notice being
given to the public. If the committee, having been asked for its
5868 JOURNAL OF THE [May 26, 1999]
review, fails to respond within 90 days, the rules shall be
considered acted upon.
(c) The Department shall conduct a study or contract for the
conducting of a study to review the effects of this Act on the
availability of housing for seniors. The study shall evaluate
whether (i) sufficient housing exists to meet the needs of Illinois
seniors for housing, (ii) the services available under this Act meet
the needs of Illinois seniors, (iii) the private sector marketplace
is an adequate supplier of housing with services for seniors, and
(iv) any other consideration the Department and the Department of
Public Health deem relevant. The Department of Public Health Assisted
Living and Shared Housing Advisory Board shall serve in an advisory
capacity to the Department and the Committee in the development of
this report.
(d) The study mandated by subsection (c) shall be completed and
its findings and recommendations reported to the General Assembly no
later than January 1, 2003.
Section 135. Civil penalties.
(a) The Department may assess a civil penalty not to exceed
$5,000 against any establishment subject to this Act for violations
of this Act. Each day a violation continues shall be deemed a
separate violation.
(b) Beginning 180 days after the adoption of rules under this
Act, the Department may assess a civil penalty not to exceed $3,000
against any establishment subject to this Act for caring for a
resident who exceeds the care needs defined in this Act. Each day a
violation continues shall be deemed a separate violation.
(c) The Department is authorized to hold hearings in contested
cases regarding appeals of the penalties assessed pursuant to this
Section.
Section 140. State and private funding. Nothing in this Act
shall:
(1) require or authorize the State agency responsible for
the administration of the medical assistance program established
under Article V and Article VI of the Illinois Public Aid Code
to approve, supply, or cover services provided in an assisted
living or shared housing establishment;
(2) require an agency or a managed care organization to
approve, supply, or cover services provided in an assisted
living or shared housing establishment; or
(3) require any other third party payer to approve, supply
or cover medically necessary home care services provided in an
assisted living establishment.
Section 145. Conversion of facilities. Entities licensed as
facilities under the Nursing Home Care Act may elect to convert to a
license under this Act. Any facility that chooses to convert, in
whole or in part, shall follow the requirements in the Nursing Home
Care Act and rules promulgated under that Act regarding voluntary
closure and notice to residents. Any conversion of existing beds
licensed under the Nursing Home Care Act to licensure under this Act
is exempt from review by the Health Facilities Planning Board.
Section 150. Alzheimer and dementia programs.
(a) Except as provided in this Section, Alzheimer and dementia
programs shall comply with provisions of this Act.
(b) No person shall be admitted or retained if the assisted
living or shared housing establishment cannot provide or secure
appropriate care, if the resident requires a level of service or type
of service for which the establishment is not licensed or which the
establishment does not provide, or if the establishment does not have
the staff appropriate in numbers and with appropriate skill to
provide such services.
HOUSE OF REPRESENTATIVES 5869
(c) No person shall be accepted for residency or remain in
residence if the person's mental or physical condition has so
deteriorated to render residency in such a program to be detrimental
to the health, welfare or safety of the person or of other residents
of the establishment. The Department by rule shall identify a
validated dementia-specific standard with inter-rater reliability
that will be used to assess individual residents. The assessment must
be approved by the resident's physician and shall occur prior to
acceptance for residency, annually, and at such time that a change in
the resident's condition is identified by a family member, staff of
the establishment, or the resident's physician.
(d) No person shall be accepted for residency or remain in
residence if the person is dangerous to self or others and the
establishment would be unable to eliminate the danger through the use
of appropriate treatment modalities.
(e) No person shall be accepted for residency or remain in
residence if the person meets the criteria provided in subsections
(b) through (g) of Section 75 of this Act.
(f) An establishment that offers to provide a special program or
unit for persons with Alzheimer's disease and related disorders
shall:
(1) disclose to the Department and to a potential or actual
resident of the establishment information as specified under the
Alzheimer's Special Care Disclosure Act;
(2) ensure that a resident's representative is designated
for the resident;
(3) develop and implement policies and procedures that
ensure the continued safety of all residents in the establishment
including, but not limited to, those who:
(A) may wander; and
(B) may need supervision and assistance when
evacuating the building in an emergency;
(4) provide coordination of communications with each
resident, resident's representative, relatives and other persons
identified in the resident's service plan;
(5) provide cognitive stimulation and activities to
maximize functioning;
(6) provide an appropriate number of staff for its resident
population, as established by rule;
(7) require the director or administrator and direct care
staff to complete sufficient comprehensive and ongoing dementia
and cognitive deficit training, the content of which shall be
established by rule; and
(8) develop emergency procedures and staffing patterns to
respond to the needs of residents.
Section 155. Application of Act. An establishment licensed
under this Act shall obtain and maintain all other licenses,
permits, certificates, and other governmental approvals required of
it, except that a licensed assisted living or shared housing
establishment is exempt from the provisions of the Illinois Health
Facilities Planning Act. An establishment licensed under this Act
shall comply with the requirements of all local, State, federal, and
other applicable laws, rules, and ordinances and the National Fire
Protection Association's Life Safety Code.
Section 165. Assisted Living and Shared Housing Regulatory Fund.
There is created in the State treasury a special fund to be known as
the Assisted Living and Shared Housing Regulatory Fund. All moneys
received by the Department under this Act shall be deposited into the
Fund. Subject to appropriation, moneys in the Fund shall be used
for the administration of this Act. Interest earned on moneys in the
Fund shall be deposited into the Fund.
5870 JOURNAL OF THE [May 26, 1999]
Section 160. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 189. The Illinois Act on the Aging is amended by
changing Section 4.04 as follows:
(20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
Sec. 4.04. Long Term Care Ombudsman Program.
(a) Long Term Care Ombudsman Program. The Department shall
establish a Long Term Care Ombudsman Program, through the Office of
State Long Term Care Ombudsman ("the Office"), in accordance with the
provisions of the Older Americans Act of 1965, as now or hereafter
amended.
(b) Definitions. As used in this Section, unless the context
requires otherwise:
(1) "Access" has the same meaning as in Section 1-104 of
the Nursing Home Care Act, as now or hereafter amended; that is,
it means the right to:
(i) Enter any long term care facility or assisted
living or shared housing establishment;
(ii) Communicate privately and without restriction
with any resident who consents to the communication;
(iii) Seek consent to communicate privately and
without restriction with any resident;
(iv) Inspect the clinical and other records of a
resident with the express written consent of the resident;
(v) Observe all areas of the long term care facility
or assisted living or shared housing establishment except
the living area of any resident who protests the
observation.
(2) "Long Term Care Facility" means any facility as defined
by Section 1-113 of the Nursing Home Care Act, as now or
hereafter amended.
(2.5) "Assisted living establishment" and "shared housing
establishment" have the meanings given those terms in Section 10
of the Assisted Living and Shared Housing Act.
(3) "Ombudsman" means any person employed by the Department
to fulfill the requirements of the Office, or any representative
of a sub-State long term care ombudsman program; provided that
the representative, whether he is paid for or volunteers his
ombudsman services, shall be qualified and authorized by the
Department to perform the duties of an ombudsman as specified by
the Department in rules.
(c) Ombudsman; rules. The Office of State Long Term Care
Ombudsman shall be composed of at least one full-time ombudsman
within the Department and shall include a system of designated
sub-State long term care ombudsman programs. Each sub-State program
shall be designated by the Department as a subdivision of the Office
and any representative of a sub-State program shall be treated as a
representative of the Office.
The Department shall promulgate administrative rules to establish
the responsibilities of the Department and the Office of State Long
Term Care Ombudsman. The administrative rules shall include the
responsibility of the Office to investigate and resolve complaints
made by or on behalf of residents of long term care facilities and
assisted living and shared housing establishments relating to
actions, inaction, or decisions of providers, or their
representatives, of long term care facilities, of assisted living and
shared housing establishments, of public agencies, or of social
services agencies, which may adversely affect the health, safety,
welfare, or rights of such residents. When necessary and appropriate,
representatives of the Office shall refer complaints to the
appropriate regulatory State agency.
HOUSE OF REPRESENTATIVES 5871
(d) Access and visitation rights.
(1) In accordance with subparagraphs (A) and (E) of
paragraph (3) of subsection (c) of Section 1819 and subparagraphs
(A) and (E) of paragraph (3) of subsection (c) of Section 1919 of
the Social Security Act, as now or hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and 42 U.S.C. 1396r-3 (c)(3)(A) and
(E)), and Section 307(a)(12) of the Older Americans Act of 1965,
as now or hereafter amended, a long term care facility, assisted
living establishment, and shared housing establishment must:
(i) permit immediate access to any resident by an
ombudsman; and
(ii) permit representatives of the Office, with the
permission of the resident's legal representative or legal
guardian, to examine a resident's clinical and other
records, and if a resident is unable to consent to such
review, and has no legal guardian, permit representatives of
the Office appropriate access, as defined by the Department
in administrative rules, to the resident's records.
(2) Each long term care facility, assisted living
establishment, and shared housing establishment shall display, in
multiple, conspicuous public places within the facility
accessible to both visitors and patients and in an easily
readable format, the address and phone number of the Office, in a
manner prescribed by the Office.
(e) Immunity. An ombudsman or any other representative of the
Office participating in the good faith performance of his or her
official duties shall have immunity from any liability (civil,
criminal or otherwise) in any proceedings (civil, criminal or
otherwise) brought as a consequence of the performance of his
official duties.
(f) Business offenses.
(1) No person shall:
(i) Intentionally prevent, interfere with, or attempt
to impede in any way any representative of the Office in the
performance of his official duties under this Act and the
Older Americans Act of 1965; or
(ii) Intentionally retaliate, discriminate against, or
effect reprisals against any long term care facility
resident or employee for contacting or providing information
to any representative of the Office.
(2) A violation of this Section is a business offense,
punishable by a fine not to exceed $501.
(3) The Director of Aging shall notify the State's Attorney
of the county in which the long term care facility is located, or
the Attorney General, of any violations of this Section.
(g) Confidentiality of records and identities. No files or
records maintained by the Office of State Long Term Care Ombudsman
shall be disclosed unless the State Ombudsman or the ombudsman having
the authority over the disposition of such files authorizes the
disclosure in writing. The ombudsman shall not disclose the identity
of any complainant, resident, witness or employee of a long term care
provider involved in a complaint or report unless such person or
such person's guardian or legal representative consents in writing to
the disclosure, or the disclosure is required by court order.
(h) Legal representation. The Attorney General shall provide
legal representation to any representative of the Office against whom
suit or other legal action is brought in connection with the
performance of the representative's official duties, in accordance
with the State Employee Indemnification Act "An Act to provide for
representation and indemnification in certain civil law suits",
approved December 3, 1977, as now or hereafter amended.
5872 JOURNAL OF THE [May 26, 1999]
(i) Treatment by prayer and spiritual means. Nothing in this Act
shall be construed to authorize or require the medical supervision,
regulation, or control of remedial care or treatment of any resident
in a long term care facility operated exclusively by and for members
or adherents of any church or religious denomination the tenets and
practices of which include reliance solely upon spiritual means
through prayer for healing.
(Source: P.A. 90-639, eff. 1-1-99.)
Section 191. The Illinois Health Facilities Planning Act is
amended by changing Section 3 as follows:
(20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
Sec. 3. As used in this Act:
"Health care facilities" means and includes the following
facilities and organizations:
1. An ambulatory surgical treatment center required to be
licensed pursuant to the Ambulatory Surgical Treatment Center
Act;
2. An institution, place, building, or agency required to
be licensed pursuant to the Hospital Licensing Act;
3. Skilled and intermediate long term care facilities Any
institution required to be licensed under pursuant to the Nursing
Home Care Act;
4. Hospitals, nursing homes, ambulatory surgical treatment
centers, or kidney disease treatment centers maintained by the
State or any department or agency thereof; and
5. Kidney disease treatment centers, including a
free-standing hemodialysis unit.
No federally owned facility shall be subject to the provisions of
this Act, nor facilities used solely for healing by prayer or
spiritual means.
No facility licensed under the Supportive Residences Licensing
Act or the Assisted Living and Shared Housing Act shall be subject to
the provisions of this Act.
A facility designated as a supportive living facility that is in
good standing with the demonstration project established under
Section 5-5.01a of the Illinois Public Aid Code shall not be subject
to the provisions of this Act.
This Act does not apply to facilities granted waivers under
Section 3-102.2 of the Nursing Home Care Act. However, if a
demonstration project under that Act applies for a certificate of
need to convert to a nursing facility, it shall meet the licensure
and certificate of need requirements in effect as of the date of
application.
This Act shall not apply to the closure of an entity or a portion
of an entity licensed under the Nursing Home Care Act that elects to
convert, in whole or in part, to an assisted living or shared housing
establishment licensed under the Assisted Living and Shared Housing
Establishment Act.
With the exception of those health care facilities specifically
included in this Section, nothing in this Act shall be intended to
include facilities operated as a part of the practice of a physician
or other licensed health care professional, whether practicing in his
individual capacity or within the legal structure of any partnership,
medical or professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to physicians
or other licensed health care professional's practices where such
practices are carried out in a portion of a health care facility
under contract with such health care facility by a physician or by
other licensed health care professionals, whether practicing in his
individual capacity or within the legal structure of any partnership,
medical or professional corporation, or unincorporated medical or
HOUSE OF REPRESENTATIVES 5873
professional groups. This Act shall apply to construction or
modification and to establishment by such health care facility of
such contracted portion which is subject to facility licensing
requirements, irrespective of the party responsible for such action
or attendant financial obligation.
"Person" means any one or more natural persons, legal entities,
governmental bodies other than federal, or any combination thereof.
"Consumer" means any person other than a person (a) whose major
occupation currently involves or whose official capacity within the
last 12 months has involved the providing, administering or financing
of any type of health care facility, (b) who is engaged in health
research or the teaching of health, (c) who has a material financial
interest in any activity which involves the providing, administering
or financing of any type of health care facility, or (d) who is or
ever has been a member of the immediate family of the person defined
by (a), (b), or (c).
"State Board" means the Health Facilities Planning Board.
"Construction or modification" means the establishment, erection,
building, alteration, reconstruction, modernization, improvement,
extension, discontinuation, change of ownership, of or by a health
care facility, or the purchase or acquisition by or through a health
care facility of equipment or service for diagnostic or therapeutic
purposes or for facility administration or operation, or any capital
expenditure made by or on behalf of a health care facility which
exceeds the capital expenditure minimum.
"Establish" means the construction of a health care facility or
the replacement of an existing facility on another site.
"Major medical equipment" means medical equipment which is used
for the provision of medical and other health services and which
costs in excess of the capital expenditure minimum, except that such
term does not include medical equipment acquired by or on behalf of a
clinical laboratory to provide clinical laboratory services if the
clinical laboratory is independent of a physician's office and a
hospital and it has been determined under Title XVIII of the Social
Security Act to meet the requirements of paragraphs (10) and (11) of
Section 1861(s) of such Act. In determining whether medical
equipment has a value in excess of the capital expenditure minimum,
the value of studies, surveys, designs, plans, working drawings,
specifications, and other activities essential to the acquisition of
such equipment shall be included.
"Capital Expenditure" means an expenditure: (A) made by or on
behalf of a health care facility (as such a facility is defined in
this Act); and (B) which under generally accepted accounting
principles is not properly chargeable as an expense of operation and
maintenance, or is made to obtain by lease or comparable arrangement
any facility or part thereof or any equipment for a facility or part;
and which exceeds the capital expenditure minimum.
For the purpose of this paragraph, the cost of any studies,
surveys, designs, plans, working drawings, specifications, and other
activities essential to the acquisition, improvement, expansion, or
replacement of any plant or equipment with respect to which an
expenditure is made shall be included in determining if such
expenditure exceeds the capital expenditures minimum. Donations of
equipment or facilities to a health care facility which if acquired
directly by such facility would be subject to review under this Act
shall be considered capital expenditures, and a transfer of equipment
or facilities for less than fair market value shall be considered a
capital expenditure for purposes of this Act if a transfer of the
equipment or facilities at fair market value would be subject to
review.
"Capital expenditure minimum" means $1,000,000 for major medical
5874 JOURNAL OF THE [May 26, 1999]
equipment and $2,000,000 for all other capital expenditures, both of
which shall be annually adjusted to reflect the increase in
construction costs due to inflation.
"Areawide" means a major area of the State delineated on a
geographic, demographic, and functional basis for health planning and
for health service and having within it one or more local areas for
health planning and health service. The term "region", as contrasted
with the term "subregion", and the word "area" may be used
synonymously with the term "areawide".
"Local" means a subarea of a delineated major area that on a
geographic, demographic, and functional basis may be considered to be
part of such major area. The term "subregion" may be used
synonymously with the term "local".
"Areawide health planning organization" or "Comprehensive health
planning organization" means the health systems agency designated by
the Secretary, Department of Health and Human Services or any
successor agency.
"Local health planning organization" means those local health
planning organizations that are designated as such by the areawide
health planning organization of the appropriate area.
"Physician" means a person licensed to practice in accordance
with the Medical Practice Act of 1987, as amended.
"Licensed health care professional" means a person licensed to
practice a health profession under pertinent licensing statutes of
the State of Illinois.
"Director" means the Director of the Illinois Department of
Public Health.
"Agency" means the Illinois Department of Public Health.
"Comprehensive health planning" means health planning concerned
with the total population and all health and associated problems that
affect the well-being of people and that encompasses health services,
health manpower, and health facilities; and the coordination among
these and with those social, economic, and environmental factors that
affect health.
"Alternative health care model" means a facility or program
authorized under the Alternative Health Care Delivery Act.
(Source: P.A. 89-499, eff. 6-28-96; 89-530, eff. 7-19-96; 90-14, eff.
7-1-97.)
Section 192. The State Finance Act is amended by adding Section
5.490 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. The Assisted Living and Shared Housing Regulatory
Fund.
Section 193. The Alzheimer's Special Care Disclosure Act is
amended by changing Section 10 as follows:
(210 ILCS 4/10)
Sec. 10. Facility defined. As used in this Act, "facility"
means a facility licensed or permitted under the Nursing Home Care
Act, the Life Care Facility Act, the Assisted Living and Shared
Housing Act, or the Community Living Facilities Licensing Act.
(Source: P.A. 90-341, eff. 1-1-98.)
Section 194. The Abused and Neglected Long Term Care Facility
Residents Reporting Act is amended by changing Section 4 as follows:
(210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
Sec. 4. Any long term care facility administrator, agent or
employee or any physician, hospital, surgeon, dentist, osteopath,
chiropractor, podiatrist, Christian Science practitioner, coroner,
social worker, social services administrator, registered nurse, law
enforcement officer, field personnel of the Illinois Department of
Public Aid, field personnel of the Illinois Department of Public
Health and County or Municipal Health Departments, personnel of the
HOUSE OF REPRESENTATIVES 5875
Department of Human Services (acting as the successor to the
Department of Mental Health and Developmental Disabilities or the
Department of Public Aid), personnel of the Guardianship and Advocacy
Commission, personnel of the State Fire Marshal, local fire
department inspectors or other personnel, or personnel of the
Illinois Department on Aging, or its subsidiary Agencies on Aging, or
employee of a facility licensed under the Assisted Living and Shared
Housing Act, having reasonable cause to believe any resident with
whom they have direct contact has been subjected to abuse or neglect
shall immediately report or cause a report to be made to the
Department. Persons required to make reports or cause reports to be
made under this Section include all employees of the State of
Illinois who are involved in providing services to residents,
including professionals providing medical or rehabilitation services
and all other persons having direct contact with residents; and
further include all employees of community service agencies who
provide services to a resident of a public or private long term care
facility outside of that facility. Any long term care surveyor of the
Illinois Department of Public Health who has reasonable cause to
believe in the course of a survey that a resident has been abused or
neglected and initiates an investigation while on site at the
facility shall be exempt from making a report under this Section but
the results of any such investigation shall be forwarded to the
central register in a manner and form described by the Department.
The requirement of this Act shall not relieve any long term care
facility administrator, agent or employee of responsibility to report
the abuse or neglect of a resident under Section 3-610 of the Nursing
Home Care Act.
In addition to the above persons required to report suspected
resident abuse and neglect, any other person may make a report to the
Department, or to any law enforcement officer, if such person has
reasonable cause to suspect a resident has been abused or neglected.
This Section also applies to residents whose death occurs from
suspected abuse or neglect before being found or brought to a
hospital.
A person required to make reports or cause reports to be made
under this Section who fails to comply with the requirements of this
Section is guilty of a Class A misdemeanor.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 195. The Nursing Home Care Act is amended by changing
Section 1-113 as follows:
(210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
Sec. 1-113. "Facility" or "long-term care facility" means a
private home, institution, building, residence, or any other place,
whether operated for profit or not, or a county home for the infirm
and chronically ill operated pursuant to Division 5-21 or 5-22 of the
Counties Code, or any similar institution operated by a political
subdivision of the State of Illinois, which provides, through its
ownership or management, personal care, sheltered care or nursing for
3 or more persons, not related to the applicant or owner by blood or
marriage. It includes skilled nursing facilities and intermediate
care facilities as those terms are defined in Title XVIII and Title
XIX of the Federal Social Security Act. It also includes homes,
institutions, or other places operated by or under the authority of
the Illinois Department of Veterans' Affairs.
"Facility" does not include the following:
(1) A home, institution, or other place operated by the federal
government or agency thereof, or by the State of Illinois, other than
homes, institutions, or other places operated by or under the
authority of the Illinois Department of Veterans' Affairs;
(2) A hospital, sanitarium, or other institution whose principal
5876 JOURNAL OF THE [May 26, 1999]
activity or business is the diagnosis, care, and treatment of human
illness through the maintenance and operation as organized facilities
therefor, which is required to be licensed under the Hospital
Licensing Act;
(3) Any "facility for child care" as defined in the Child Care
Act of 1969;
(4) Any "Community Living Facility" as defined in the Community
Living Facilities Licensing Act;
(5) Any "community residential alternative" as defined in the
Community Residential Alternatives Licensing Act;
(6) Any nursing home or sanatorium operated solely by and for
persons who rely exclusively upon treatment by spiritual means
through prayer, in accordance with the creed or tenets of any
well-recognized church or religious denomination. However, such
nursing home or sanatorium shall comply with all local laws and rules
relating to sanitation and safety;
(7) Any facility licensed by the Department of Human Services as
a community-integrated living arrangement as defined in the
Community-Integrated Living Arrangements Licensure and Certification
Act;
(8) Any "Supportive Residence" licensed under the Supportive
Residences Licensing Act; or
(9) Any "supportive living facility" in good standing with the
demonstration project established under Section 5-5.01a of the
Illinois Public Aid Code; or.
(10) Any assisted living or shared housing establishment
licensed under the Assisted Living and Shared Housing Act.
(Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97; 90-14, eff.
7-1-97; 90-763, eff. 8-14-98.)
Section 196. The Health Care Worker Background Check Act is
amended by changing Section 15 as follows:
(225 ILCS 46/15)
Sec. 15. Definitions. For the purposes of this Act, the
following definitions apply:
"Applicant" means an individual seeking employment with a health
care employer who has received a bona fide conditional offer of
employment.
"Conditional offer of employment" means a bona fide offer of
employment by a health care employer to an applicant, which is
contingent upon the receipt of a report from the Department of State
Police indicating that the applicant does not have a record of
conviction of any of the criminal offenses enumerated in Section 25.
"Direct care" means the provision of nursing care or assistance
with meals, dressing, movement, bathing, or other personal needs or
maintenance, or general supervision and oversight of the physical and
mental well-being of an individual who is incapable of managing his
or her person whether or not a guardian has been appointed for that
individual.
"Health care employer" means:
(1) the owner or licensee of any of the following:
(i) a community living facility, as defined in the
Community Living Facilities Act;
(ii) a life care facility, as defined in the Life Care
Facilities Act;
(iii) a long-term care facility, as defined in the Nursing
Home Care Act;
(iv) a home health agency, as defined in the Home Health
Agency Licensing Act;
(v) a full hospice, as defined in the Hospice Program
Licensing Act;
(vi) a hospital, as defined in the Hospital Licensing Act;
HOUSE OF REPRESENTATIVES 5877
(vii) a community residential alternative, as defined in
the Community Residential Alternatives Licensing Act;
(viii) a nurse agency, as defined in the Nurse Agency
Licensing Act;
(ix) a respite care provider, as defined in the Respite
Program Act;
(x) an establishment licensed under the Assisted Living and
Shared Housing Act;
(xi) a supportive living program, as defined in the
Illinois Public Aid Code;
(2) a day training program certified by the Department of Human
Services; or
(3) a community integrated living arrangement operated by a
community mental health and developmental service agency, as defined
in the Community-Integrated Living Arrangements Licensing and
Certification Act.
"Initiate" means the obtaining of the authorization for a record
check from a student, applicant, or employee. The educational entity
or health care employer or its designee shall transmit all necessary
information and fees to the Illinois State Police within 10 working
days after receipt of the authorization.
(Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97; 89-674, eff.
8-14-96; 90-14, eff. 7-1-97; 90-776, eff. 1-1-99.)
Section 197. The Criminal Code of 1961 is amended by changing
Section 12-19 as follows:
(720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
Sec. 12-19. Abuse and Gross Neglect of a Long Term Care Facility
Resident.
(a) Any person or any owner or licensee of a long term care
facility who abuses a long term care facility resident is guilty of a
Class 3 felony. Any person or any owner or licensee of a long term
care facility who grossly neglects a long term care facility resident
is guilty of a Class 4 felony. However, nothing herein shall be
deemed to apply to a physician licensed to practice medicine in all
its branches or a duly licensed nurse providing care within the scope
of his or her professional judgment and within the accepted standards
of care within the community.
(b) Notwithstanding the penalties in subsections (a) and (c) and
in addition thereto, if a licensee or owner of a long term care
facility or his or her employee has caused neglect of a resident, the
licensee or owner is guilty of a petty offense. An owner or licensee
is guilty under this subsection (b) only if the owner or licensee
failed to exercise reasonable care in the hiring, training,
supervising or providing of staff or other related routine
administrative responsibilities.
(c) Notwithstanding the penalties in subsections (a) and (b) and
in addition thereto, if a licensee or owner of a long term care
facility or his or her employee has caused gross neglect of a
resident, the licensee or owner is guilty of a business offense for
which a fine of not more than $10,000 may be imposed. An owner or
licensee is guilty under this subsection (c) only if the owner or
licensee failed to exercise reasonable care in the hiring, training,
supervising or providing of staff or other related routine
administrative responsibilities.
(d) For the purpose of this Section:
(1) "Abuse" means intentionally or knowingly causing any
physical or mental injury or committing any sexual offense set
forth in this Code.
(2) "Gross neglect" means recklessly failing to provide
adequate medical or personal care or maintenance, which failure
results in physical or mental injury or the deterioration of a
5878 JOURNAL OF THE [May 26, 1999]
physical or mental condition.
(3) "Neglect" means negligently failing to provide adequate
medical or personal care or maintenance, which failure results in
physical or mental injury or the deterioration of a physical or
mental condition.
(4) "Resident" means a person residing in a long term care
facility.
(5) "Owner" means the person who owns a long term care
facility as provided under the Nursing Home Care Act or an
assisted living or shared housing establishment under the
Assisted Living and Shared Housing Act.
(6) "Licensee" means the individual or entity licensed to
operate a facility under the Nursing Home Care Act or the
Assisted Living and Shared Housing Act.
(7) "Facility" or "long term care facility" means a private
home, institution, building, residence, or any other place,
whether operated for profit or not, or a county home for the
infirm and chronically ill operated pursuant to Division 5-21 or
5-22 of the Counties Code, or any similar institution operated by
the State of Illinois or a political subdivision thereof, which
provides, through its ownership or management, personal care,
sheltered care or nursing for 3 or more persons not related to
the owner by blood or marriage. The term also includes skilled
nursing facilities and intermediate care facilities as defined in
Title XVIII and Title XIX of the federal Social Security Act and
assisted living establishments and shared housing establishments
licensed under the Assisted Living and Shared Housing Act.
(e) Nothing contained in this Section shall be deemed to apply
to the medical supervision, regulation or control of the remedial
care or treatment of residents in a facility conducted for those who
rely upon treatment by prayer or spiritual means in accordance with
the creed or tenets of any well recognized church or religious
denomination and which is licensed in accordance with Section 3-803
of the Nursing Home Care Act.
(Source: P.A. 86-820; 86-1475.)
Section 199. Effective date. This Section, Section 10, Section
110, Section 125, and Section 130 of this Act take effect upon
becoming law; the remaining Sections of this Act take effect January
1, 2001.".
Submitted on May 26, 1999.
s/Sen. Beverly Fawell s/Rep. Joseph M. Lyons
s/Sen. Dave Syverson s/Rep. Barbara Flynn Currie
s/Sen. Laura Kent Donahue s/Rep. Daniel Burke
s/Sen. Barack Obama s/Rep. Mary Lou Cowlishaw
s/Sen. Margaret Smith s/Rep. Elizabeth Coulson
Committee for the Senate Committee for the House
Representative Hannig submitted the following First Conference
Committee Report on HOUSE BILL 452 which was ordered printed and
referred to the Committee on Rules:
91ST GENERAL ASSEMBLY
FIRST CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 452
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
HOUSE OF REPRESENTATIVES 5879
differences between the houses in relation to Senate Amendments Nos.
1, 2, and 3 to House Bill 452, recommend the following:
(1) that the House concur in Senate Amendments Nos. 1, 2, and 3;
and
(2) that House Bill 452, AS AMENDED, be further amended by
inserting after Section 35-10 of Article 35 the following:
"Article 40.
Section 40-5. Upon the payment of the sum of $1 to the State of
Illinois, the Secretary of Transportation is authorized to convey by
quitclaim deed to the City of Chicago all access rights to and from
existing Stony Island Avenue and the real estate described below and
all access rights to and from existing 95th Street and the real
estate described below having a distance of 300 feet measured east
along 95th Street from the West property line of the following
described real estate:
PARCEL 1.
THE WEST 425.00 FEET, AS MEASURED ON THE NORTH LINE OF AN
IRREGULAR PARCEL OF LAND IN THE NORTH WEST 1/4 OF SECTION 12,
TOWNSHIP 37, NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL
MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE EAST LINE OF THE
WEST 100 FEET OF SAID NORTH WEST 1/4 AND THE SOUTH LINE OF THE
NORTH 50 FEET OF SAID NORTH WEST 1/4; THENCE SOUTH ALONG THE EAST
LINE OF THE WEST 100 FEET OF SAID NORTH WEST 1/4, 581.22 FEET
MORE OR LESS TO INTERSECTION WITH A LINE WHICH IS 59 FEET
NORTHEASTERLY OF AND PARALLEL TO THE NORTHEASTERLY LINE OF THE
ORIGINAL 66 FOOT RIGHT OF WAY OF THE CHICAGO AND WESTERN INDIANA
RAILROAD COMPANY; THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE
96.40 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES, A DISTANCE OF
1,031.20 FEET TO A POINT; THENCE NORTH, A DISTANCE OF 99.89 FEET
TO A POINT IN THE SOUTH LINE OF THE NORTH 50 FEET OF SAID NORTH
WEST 1/4, ALONG A LINE WHICH MAKES A RIGHT ANGLE WITH SAID SOUTH
LINE OF THE NORTH 50 FEET OF SAID NORTH WEST 1/4; THENCE WEST
921.71 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT
PART OF THE WEST 425 FEET, AS MEASURED ON THE NORTH LINE, OF AN
IRREGULAR PARCEL OF LAND IN THE NORTH WEST 1/4 OF SECTION 12,
TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN,
BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF
INTERSECTION OF THE EAST LINE OF STONY ISLAND AVENUE (BEING THE
EAST LINE OF THE WEST 100 FEET OF SAID NORTH WEST 1/4) AND THE
SOUTH LINE OF 95TH STREET (BEING THE SOUTH LINE OF THE NORTH 50
FEET OF SAID NORTH WEST 1/4); THENCE SOUTH ALONG SAID EAST LINE
FOR A DISTANCE OF 581.22 FEET MORE OR LESS TO THE INTERSECTION OF
SAID EAST LINE WITH A LINE WHICH IS 59 FEET NORTHEASTERLY OF AND
PARALLEL WITH THE NORTHEASTERLY LINE OF THE ORIGINAL 66 FOOT WIDE
RIGHT OF WAY OF THE CHICAGO AND WESTERN INDIANA RAILROAD COMPANY;
THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE FOR A DISTANCE OF
96.40 FEET; THENCE NORTHEASTERLY ALONG A LINE WHICH IS AT RIGHT
ANGLE TO SAID PARALLEL LINE FOR A DISTANCE OF 5 FEET TO A POINT
WHICH IS 659.78 FEET SOUTH AND 56.09 FEET EAST OF THE POINT OF
BEGINNING, AS MEASURED ALONG AND AT RIGHT ANGLES TO SAID EAST
LINE; THENCE NORTHWESTERLY ALONG A LINE WHICH IS 5 FEET
NORTHEASTERLY OF AND PARALLEL WITH THE AFOREMENTIONED PARALLEL
LINE FOR A DISTANCE OF 72.64 FEET TO A POINT WHICH IS 598.56 FEET
SOUTH AND 17 FEET EAST OF THE POINT OF BEGINNING, AS MEASURED
ALONG AND AT RIGHT ANGLES TO SAID EAST LINE; THENCE NORTHERLY
ALONG A LINE WHICH IS 17 FEET EASTERLY OF AN PARALLEL WITH SAID
EAST LINE FOR A DISTANCE OF 202.16 FEET; THENCE NORTHEASTERLY FOR
A DISTANCE OF 259.12 FEET TO A POINT WHICH IS 139.02 FEET SOUTH
AND 47.03 FEET EAST OF THE POINT OF BEGINNING, AS MEASURED ALONG
5880 JOURNAL OF THE [May 26, 1999]
AND AT RIGHT ANGLES TO SAID EAST LINE; THENCE NORTHEASTERLY FOR A
DISTANCE OF 52.65 FEET TO A POINT WHICH IS 88.75 FEET SOUTH AND
62.74 FEET EAST OF THE POINT OF BEGINNING, AS MEASURED ALONG AND
AT RIGHT ANGLES TO SAID EAST LINE; THENCE NORTHEASTERLY FOR A
DISTANCE OF 35.16 FEET TO A POINT WHICH IS 89.43 FEET EAST AND
64.55 FEET SOUTH OF THE POINT OF BEGINNING, AS MEASURED ALONG AND
AT RIGHT ANGLES TO SAID SOUTH LINE; THENCE NORTHEASTERLY FOR
DISTANCE OF 52.65 FEET TO A POINT WHICH IS 141.01 FEET EAST AND
53.57 FEET SOUTH OF THE POINT OF BEGINNING, AS MEASURED ALONG AND
AT RIGHT ANGLES TO SAID SOUTH LINE; THENCE NORTHEASTERLY FOR A
DISTANCE OF 284.58 FEET TO A POINT ON THE EAST PROPERTY LINE OF
SAID PARCEL OF LAND; THENCE NORTH ALONG SAID EAST PROPERTY LINE
FOR A DISTANCE OF 42.60 FEET TO A POINT ON SAID SOUTH LINE, SAID
POINT BEGINNING 425 FEET EAST OF THE POINT OF BEGINNING; THENCE
WEST ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING), IN COOK
COUNTY, ILLINOIS.
PARCEL 2.
A PARCEL OF LAND IN THE NORTH WEST 1/4 OF THE NORTH WEST 1/4 OF
SECTION 12, TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD
PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE ORIGINAL SOUTH LINE OF EAST 95TH
STREET, SAID POINT BEING 405 FEET EAST OF THE EAST LINE OF STONY
ISLAND AVENUE; THENCE SOUTH ON A LINE 405 FEET EAST OF AND
PARALLEL TO SAID LINE OF 95TH STREET TO ITS INTERSECTION WITH THE
NORTHERLY RIGHT-OF-WAY LINE OF THE BELT RAILWAY COMPANY OF
CHICAGO (A DISTANCE OF 433.93 FEET, PLUS OR MINUS), SAID POINT OF
INTERSECTION BEING THE POINT OF BEGINNING; THENCE SOUTH ALONG THE
PREVIOUSLY DESCRIBED LINE EXTENDED A DISTANCE OF 195.07 FEET,
MORE OR LESS; THENCE WEST AT RIGHT ANGLES TO LAST DESCRIBED LINE
A DISTANCE OF 300 FEET MORE OR LESS, TO A POINT ON SAID NORTH
RIGHT-OF-WAY LINE OF THE BELT RAILWAY COMPANY OF CHICAGO; THENCE
NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF
BEGINNING, IN COOK COUNTY, ILLINOIS.
Section 40-10. The Secretary of Transportation shall obtain a
certified copy of the portions of this Act containing the title,
enacting clause, the appropriate Section containing the land
descriptions of the property to be transferred or otherwise affected,
and this Section within 60 days after its effective date and, upon
receipt of payment required by the Section or Sections, if any
payment is required, shall record the certified document in the
Recorder's Office in the county which the land is located."; and
in Section 90-50, Sec. 7-103, paragraph (48), by replacing "36
months" with "48 36 months"; and
in Section 90-50, Sec. 7-103, paragraph (94), by replacing the final
period with the following:
";
(95) for a period of 3 years after the effective date of this
amendatory Act of the 91st General Assembly (in the case of the
permanent easements described in items (A) and (C)), by the City of
Crest Hill, for acquisition of the following easements:
(A) Permanent easement for the purposes of installation,
maintenance, and use of water or sewer, or both water and sewer,
lines in, along, through, and under the following legally
described property:
The East 70 feet of the North half of the North half of the
Southeast Quarter of Section 30, Township 36 North, and in Range
10, East of the Third Principal Meridian (Except therefrom the
North 12 Rods of the East 13 1/2 Rods thereof, and also except
the South 99 feet of the East 440 feet thereof), in Will County,
Illinois.
(B) Temporary easement for purposes of initial construction
HOUSE OF REPRESENTATIVES 5881
of the water or sewer, or both water and sewer, lines in, along,
through, and under the permanent easement described in item (A).
The temporary easement herein shall arise on September 1, 1999
and shall cease on August 31, 2001 and is legally described as
follows:
The East 100 feet of the North half of the North half of the
Southeast Quarter of Section 30, Township 36 North, and in Range
10, East of the Third Principal Meridian (Except therefrom the
North 12 Rods of the East 13 1/2 Rods thereof, and also except
the South 99 feet of the East 440 feet thereof), in Will County,
Illinois.
(C) Permanent easement for the purposes of installation,
maintenance, and use of water or sewer, or both water and sewer,
lines in, along, through, and under the following legally
described property:
The East 70 feet of the West 120 feet of the South half of
the Southeast Quarter of Section 30, in township 36 North, and in
Range 10 East of the Third Principal Meridian, in Will County,
Illinois, excepting therefrom the following described tracts:
Exception 1: That part of said South half lying
Southwesterly of the Northeasterly right-of-way line of the
Elgin, Joliet and Eastern Railway Company, in Will County,
Illinois.
Exception 2: The West 200 feet of said South half, in Will
County, Illinois.
Exception 3: That part of the South half of the Southeast
Quarter of Section 30, Township 36 North, and in Range 10 East of
the Third Principal Meridian, described as follows: Beginning at
a point 250 feet East of the West line of said South half of the
Southeast Quarter and 180.58 feet North of the South line of said
South half of the Southeast Quarter; thence North along a line
250 feet East of and parallel with the West line of said
Southeast Quarter a distance of 1004.55 feet to a point; thence
Northwesterly along a diagonal line 65.85 feet to its
intersection with a line drawn 200 feet East of and parallel to
the West line of said Southeast Quarter, said point also being
100.75 feet South of the North line of the South half of said
Southeast Quarter, as measured along said parallel line; thence
South along the last described parallel line a distance of
1045.02 feet to a point 50 feet West of the point of beginning
and 180.58 feet North of the South line of said Southeast
Quarter; thence East 50 feet to the point of beginning, in Will
County, Illinois.
Exception 4: Beginning at the Southeast comer of the
Southeast Quarter of Section 30, Township 36 North, and in Range
10 East of the Third Principal Meridian, thence Northerly along
the East line of said Section for a distance of 346.5 feet;
thence Westerly along a line 346.5 feet distant from and parallel
with the South line of said Section for a distance of 297 feet;
thence Southerly along a line 297 feet distant from and parallel
with the East line of said Section for a distance of 346.5 feet
to a point, said point being on the South line of said Section;
thence Easterly along said South line of said Section 297 feet to
the point of beginning, in Will County, Illinois.
Exception 5: That part dedicated for highway purposes in
instrument recorded January 28, 1986 as Document No. R86-03205
described as follows: That part of the South half of the
Southeast Quarter of Section 30, Township 36 North, and in Range
10 East of the Third Principal Meridian bounded and described as
follows: Beginning at the point of intersection of the
Northeasterly right-of-way line of the Elgin, Joliet and Eastern
5882 JOURNAL OF THE [May 26, 1999]
Railway Company with the South line of said Southeast Quarter,
thence on an assumed bearing of North 90.00 degrees 00 minutes 00
seconds East along said South line a distance of 288.02 feet;
thence North 00 degrees 00 minutes 00 seconds East a distance of
33.0 feet; thence North 86 degrees 25 minutes 22 seconds West a
distance of 352.57 feet to the Northeasterly right-of-way line of
said railway company; thence South 49 degrees 15 minutes 53
seconds East along said Northeasterly right-of-way line, a
distance of 84.28 feet to the point of beginning, in Will County,
Illinois.
Exception 6: The North 850 feet of the East 1025 feet of the
South half of the Southeast Quarter of Section 30, Township 36
North, and in Range 10 East of the Third Principal Meridian, in
Will County, Illinois.
(D) Temporary easement for purposes of initial construction
of the water or sewer, or both water and sewer, lines in, along,
through, and under the permanent easement described in item (C).
The temporary easement herein shall arise on September 1, 1999
and shall cease on August 31, 2001 and is legally described as
follows:
The East 100 feet of the West 150 feet of the South half of
the Southeast Quarter of Section 30, in Township 36 North, and in
Range 10 East of the Third Principal Meridian, in Will County,
Illinois, excepting therefrom the following described tracts:
Exception 1: That part of said South half lying
Southwesterly of the Northeasterly right-of-way line of the
Elgin, Joliet and Eastern Railway Company, in Will County,
Illinois.
Exception 2: The West 200 feet of said South half, in Will
County, Illinois.
Exception 3: That part of the South half of the Southeast
Quarter of Section 30, Township 36 North, and in Range 10 East of
the Third Principal Meridian, described as follows: Beginning at
a point 250 feet East of the West line of said South half of the
Southeast Quarter and 180.58 feet North of the South line of said
South half of the Southeast Quarter; thence North along a line
250 feet East of and parallel with the West line of said
southeast Quarter a distance of 1004.55 feet to a point; thence
Northwesterly along a diagonal line 65.85 feet to its
intersection with a line drawn 200 feet East of and parallel to
the West line of said Southeast Quarter, said point also being
100.75 feet South of the North line of the South half of said
Southeast Quarter, as measured along said parallel line; thence
South along the last described parallel line a distance of
1045.02 feet to a point 50 feet West of the point of beginning
and 180.58 feet North of the South line of said Southeast
Quarter; thence East 50 feet to the point of beginning, in Will
County, Illinois.
Exception 4: Beginning at the Southeast corner of the
Southeast Quarter of Section 30, Township 36 North, and in Range
10 East of the Third Principal Meridian, thence Northerly along
the East line of said Section for a distance of 346.5 feet;
thence Westerly along a line 346.5 feet distant from and parallel
with the South line of said Section for a distance of 297 feet;
thence Southerly along a line 297 feet distant from and parallel
with the East line of said Section for a distance of 346.5 feet
to a point, said point being on the South line of said Section;
thence Easterly along said South line of said Section 297 feet to
the point of beginning, in Will County, Illinois.
Exception 5: That part dedicated for highway purposes in
instrument recorded January 28, 1986 as Document No. R86-03205
HOUSE OF REPRESENTATIVES 5883
described as follows: That part of the South half of the
Southeast Quarter of Section 30, Township 36 North, and in Range
10 East of the Third Principal Meridian bounded and described as
follows: Beginning at the point of intersection of the
Northeasterly right-of-way line of the Elgin, Joliet and Eastern
Railway Company with the South line of said Southeast Quarter;
thence on an assumed bearing of North 90.00 degrees 00 minutes 00
seconds East along said South line a distance of 288.02 feet;
thence North 00 degrees 00 minutes 00 seconds East a distance of
33.0 feet; thence North 86 degrees 25 minutes 22 seconds West a
distance of 352.57 feet to the Northeasterly right-of-way line of
said railway company; thence South 49 degrees 15 minutes 53
seconds East along said Northeasterly right-of-way line, a
distance of 84.28 feet to the point of beginning, in Will County,
Illinois.
Exception 6: The North 850 feet of the East 1025 feet of the
South half of the Southeast Quarter of Section 30, Township 36
North, and in Range 10 East of the Third Principal Meridian, in
Will County, Illinois;
(96) for a period of 4 years after the effective date of this
amendatory Act of the 91st General Assembly, by the Village of
Palatine, for the acquisition of the following described property for
the purpose of revitalizing the downtown business area:
Lots 1 through 3 in Block D of the Subdivision of the North 24.60
acres in the NE 1/4 of the NE 1/4 of Section 22, Township 42, Range
10 East of the Third Principal Meridian, in Cook County, IL;
Property bounded by Bothwell Street, Railroad right-of-way, Plum
Grove Road and Chicago Avenue in the Village of Palatine;
Lots 1 through 8 in Block K, of the Town of Palatine, a
subdivision of the West 16 2/3 acres of the South 31 acres of the
West 1/2 of the Southwest 1/4 of Section 14 and the Southeast 24.12
acres of the South 31 acres of the East 1/2 of the Southeast 1/4 of
Section 15, Township 42 North, Range 10, East of the Third Principal
Meridian, Ante-Fire, Re-recorded April 10, 1877 as Document 129579,
in Cook County, Illinois;
Property bounded by Wilson Street, Plum Grove Road, Slade Street,
Railroad right-of-way and Bothwell Street in the Village of Palatine;
Lots 1 through 8 in Block 8 of the Subdivision of part of the
East 1/2 of the SE 1/4 Section, Ante-Fire, Re-recorded on April 10,
1877 as Document Number 129579;
Lots 20 and 21 and the West 71.25 feet of Lot 24 of Arthur T.
McIntosh and Company's Palatine Farms, being a subdivision of Section
16, Township 42, Range 10 East of the Third Principal Meridian, in
Cook County, IL, recorded on June 16, 1919;
Lots 1 through 3 of Millin's Subdivision of the SE 1/4 of Section
15, Township 42, Range 10 East of the Third Principal Meridian, in
Cook County, IL;
Property bounded by Colfax Street, Smith Street and Millin's
Subdivision of the SE 1/4 of Section 15, Township 42, Range 10 East
of the Third Principal Meridian, in Cook County, IL;
Property bounded by Wood Street, Brockway Street and Railroad
right-of-way in the Village of Palatine;
Lots 45 through 50 and 58 through 64 of Arthur T. McIntosh and
Company's Palatine Farms, being a subdivision of Section 16, Township
42, Range 10 East of the Third Principal Meridian, in Cook County,
IL, recorded on June 16, 1919; and
Property bounded by Railroad right-of-way, Brockway Street and Slade
Street in the Village of Palatine.".
Submitted on May 26, 1999.
5884 JOURNAL OF THE [May 26, 1999]
s/Sen. William Mahar s/Rep. Gary Hannig
s/Sen. Dick Klemm s/Rep. Daniels Burke
s/Sen. Frank Watson s/Rep. Kurt Granberg
s/Sen. Robert Molaro s/Rep. Art Tenhouse
s/Sen. Vince Demuzio s/Rep. Dan Rutherford
Committee for the Senate Committee for the House
Representative Mautino submitted the following First Conference
Committee Report on HOUSE BILL 523 which was ordered printed and
referred to the Committee on Rules:
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 523
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to Senate Amendments Nos.
1 and 2 to House Bill 523, recommend the following:
(1) that the Senate recede from Senate Amendments Nos. 1 and 2;
and
(2) that House Bill 523 be amended as follows:
by replacing everything after the enacting clause with the following:
"Section 1. Legislative intent. State and federal governments
and organizations have studied the changing habits of consumer
purchasing and are discussing a movement from retailers' occupation
taxes to taxes which are more efficiently collected from catalog and
electronic commerce vendors of tangible personal property. It is the
intent of the General Assembly that this amendatory Act of the 91st
General Assembly contain a delayed collection date until January 1,
2002 to allow additional time for the study of the effects of a shift
in the methods of imposing and collecting taxes on consumption.
Section 5. The Illinois Municipal Code is amended by changing
Sections 8-11-1.1, 8-11-1.3, 8-11-1.4, and 8-11-1.5 as follows:
(65 ILCS 5/8-11-1.1) (from Ch. 24, par. 8-11-1.1)
Sec. 8-11-1.1. Non-home rule municipalities; imposition of
taxes.
(a) The corporate authorities of a non-home rule municipality
with a population greater than 130,000 but less than 2,000,000 may,
upon approval of the electors of the municipality pursuant to
subsection (b) of this Section, impose by ordinance or resolution the
1/2 of 1% tax authorized in Sections 8-11-1.3, 8-11-1.4 and 8-11-1.5
of this Act.
(b) The corporate authorities of the municipality may by
ordinance or resolution call for the submission to the electors of
the municipality the question of whether the municipality shall
impose such tax. Such question shall be certified by the municipal
clerk to the election authority in accordance with Section 28-5 of
the Election Code and shall be in a form in accordance with Section
16-7 of the Election Code.
If a majority of the electors in the municipality voting upon the
question vote in the affirmative, such tax shall be imposed.
An ordinance or resolution imposing the 1/2 of 1% tax hereunder
or discontinuing the same shall be adopted and a certified copy
thereof, together with a certification that the ordinance or
resolution received referendum approval in the case of the imposition
of such tax, filed with the Department of Revenue, on or before the
first day of June, whereupon the Department shall proceed to
administer and enforce the additional tax or to discontinue the tax,
as the case may be, as of the first day of September next following
HOUSE OF REPRESENTATIVES 5885
such adoption and filing. Beginning January 1, 1992, an ordinance or
resolution imposing or discontinuing the tax hereunder shall be
adopted and a certified copy thereof filed with the Department on or
before the first day of July, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of October
next following such adoption and filing. Beginning January 1, 1993,
an ordinance or resolution imposing or discontinuing the tax
hereunder shall be adopted and a certified copy thereof filed with
the Department on or before the first day of October, whereupon the
Department shall proceed to administer and enforce this Section as of
the first day of January next following such adoption and filing. A
non-home rule municipality may file a certified copy of an ordinance
or resolution, with a certification that the ordinance or resolution
received referendum approval in the case of the imposition of the
tax, with the Department of Revenue, as required under this Section,
only after October 2, 2000.
(Source: P.A. 86-928; 87-205.)
(65 ILCS 5/8-11-1.3) (from Ch. 24, par. 8-11-1.3)
Sec. 8-11-1.3. Non-Home Rule Municipal Retailers' Occupation Tax
Act. The corporate authorities of a non-home rule municipality with
more than 130,000 but less than 2,000,000 inhabitants may impose a
tax upon all persons engaged in the business of selling tangible
personal property, other than on an item of tangible personal
property which is titled and registered by an agency of this State's
Government, at retail in the municipality at the rate of 1/2 of 1%
for expenditure on public infrastructure as defined in Section
8-11-1.2 if approved by referendum as provided in Section 8-11-1.1,
of the gross receipts from such sales made in the course of such
business. 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. The
tax imposed by a municipality pursuant to this Section and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the State Department of Revenue. The
certificate of registration which is issued by the Department to a
retailer under the Retailers' Occupation Tax Act shall permit such
retailer to engage in a business which is taxable under any ordinance
or resolution enacted pursuant to this Section without registering
separately with the Department under such ordinance or resolution or
under this Section. The Department shall have full power to
administer and enforce this Section; to collect all taxes and
penalties due hereunder; to dispose of taxes and penalties so
collected in the manner hereinafter provided, and to determine all
rights to credit memoranda, arising on account of the erroneous
payment of tax or penalty hereunder. In the administration of, and
compliance with, this Section, the Department and persons who are
subject to this Section shall have the same rights, remedies,
privileges, immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties and definitions of
terms, and employ the same modes of procedure, as are prescribed in
Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect
to all provisions therein other than the State rate of tax), 2c, 3
(except as to the disposition of taxes and penalties collected), 4,
5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7,
8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and
Section 3-7 of the Uniform Penalty and Interest Act as fully as if
those provisions were set forth herein.
No municipality may impose a tax under this Section unless the
5886 JOURNAL OF THE [May 26, 1999]
municipality also imposes a tax at the same rate under Section
8-11-1.4 of this Code.
Persons subject to any tax imposed pursuant to the authority
granted in this Section may reimburse themselves for their seller's
tax liability hereunder by separately stating such tax as an
additional charge, which charge may be stated in combination, in a
single amount, with State tax which sellers are required to collect
under the Use Tax Act, pursuant to such bracket schedules as the
Department may prescribe.
Whenever the Department determines that a refund should be made
under this Section to a claimant instead of issuing a credit
memorandum, the Department shall notify the State Comptroller, who
shall cause the order to be drawn for the amount specified, and to
the person named, in such notification from the Department. Such
refund shall be paid by the State Treasurer out of the non-home rule
municipal retailers' occupation tax fund.
The Department shall forthwith pay over to the State Treasurer,
ex officio, as trustee, all taxes and penalties collected hereunder.
On or before the 25th day of each calendar month, the Department
shall prepare and certify to the Comptroller the disbursement of
stated sums of money to named municipalities, the municipalities to
be those from which retailers have paid taxes or penalties hereunder
to the Department during the second preceding calendar month. The
amount to be paid to each municipality shall be the amount (not
including credit memoranda) collected hereunder during the second
preceding calendar month by the Department plus an amount the
Department determines is necessary to offset any amounts which were
erroneously paid to a different taxing body, and not including an
amount equal to the amount of refunds made during the second
preceding calendar month by the Department on behalf of such
municipality, and not including any amount which the Department
determines is necessary to offset any amounts which were payable to a
different taxing body but were erroneously paid to the municipality.
Within 10 days after receipt, by the Comptroller, of the disbursement
certification to the municipalities, provided for in this Section to
be given to the Comptroller by the Department, the Comptroller shall
cause the orders to be drawn for the respective amounts in accordance
with the directions contained in such certification.
For the purpose of determining the local governmental unit whose
tax is applicable, a retail sale, by a producer of coal or other
mineral mined in Illinois, is a sale at retail at the place where the
coal or other mineral mined in Illinois is extracted from the earth.
This paragraph does not apply to coal or other mineral when it is
delivered or shipped by the seller to the purchaser at a point
outside Illinois so that the sale is exempt under the Federal
Constitution as a sale in interstate or foreign commerce.
Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in any
business which under the constitution of the United States may not be
made the subject of taxation by this State.
When certifying the amount of a monthly disbursement to a
municipality under this Section, the Department shall increase or
decrease such amount by an amount necessary to offset any
misallocation of previous disbursements. The offset amount shall be
the amount erroneously disbursed within the previous 6 months from
the time a misallocation is discovered.
The Department of Revenue shall implement this amendatory Act of
the 91st General Assembly so as to collect the tax on and after
January 1, 2002.
As used in this Section, "municipal" and "municipality" means a
city, village or incorporated town, including an incorporated town
HOUSE OF REPRESENTATIVES 5887
which has superseded a civil township.
This Section shall be known and may be cited as the "Non-Home
Rule Municipal Retailers' Occupation Tax Act".
(Source: P.A. 86-928; 86-1475; 87-205; 87-895.)
(65 ILCS 5/8-11-1.4) (from Ch. 24, par. 8-11-1.4)
Sec. 8-11-1.4. Non-Home Rule Municipal Service Occupation Tax
Act. The corporate authorities of a non-home rule municipality with
a population of more than 130,000 but less than 2,000,000 may impose
a tax upon all persons engaged, in such municipality, in the business
of making sales of service at the rate of 1/2 of 1% for expenditure
on public infrastructure as defined in Section 8-11-1.2 if approved
by referendum as provided in Section 8-11-1.1, of the selling price
of all tangible personal property transferred by such servicemen
either in the form of tangible personal property or in the form of
real estate as an incident to a sale of service. 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. The tax imposed by a municipality
pursuant to this Section and all civil penalties that may be assessed
as an incident thereof shall be collected and enforced by the State
Department of Revenue. The certificate of registration which is
issued by the Department to a retailer under the Retailers'
Occupation Tax Act or under the Service Occupation Tax Act shall
permit such registrant to engage in a business which is taxable under
any ordinance or resolution enacted pursuant to this Section without
registering separately with the Department under such ordinance or
resolution or under this Section. The Department shall have full
power to administer and enforce this Section; to collect all taxes
and penalties due hereunder; to dispose of taxes and penalties so
collected in the manner hereinafter provided, and to determine all
rights to credit memoranda arising on account of the erroneous
payment of tax or penalty hereunder. In the administration of, and
compliance with, this Section the Department and persons who are
subject to this Section shall have the same rights, remedies,
privileges, immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties and definitions of
terms, and employ the same modes of procedure, as are prescribed in
Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all provisions
therein other than the State rate of tax), 4 (except that the
reference to the State shall be to the taxing municipality), 5, 7, 8
(except that the jurisdiction to which the tax shall be a debt to the
extent indicated in that Section 8 shall be the taxing municipality),
9 (except as to the disposition of taxes and penalties collected, and
except that the returned merchandise credit for this municipal tax
may not be taken against any State tax), 10, 11, 12 (except the
reference therein to Section 2b of the Retailers' Occupation Tax
Act), 13 (except that any reference to the State shall mean the
taxing municipality), the first paragraph of Section 15, 16, 17, 18,
19 and 20 of the Service Occupation Tax Act and Section 3-7 of the
Uniform Penalty and Interest Act, as fully as if those provisions
were set forth herein.
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.
Persons subject to any tax imposed pursuant to the authority
granted in this Section may reimburse themselves for their
serviceman's tax liability hereunder by separately stating such tax
as an additional charge, which charge may be stated in combination,
5888 JOURNAL OF THE [May 26, 1999]
in a single amount, with State tax which servicemen are authorized to
collect under the Service Use Tax Act, pursuant to such bracket
schedules as the Department may prescribe.
Whenever the Department determines that a refund should be made
under this Section to a claimant instead of issuing credit
memorandum, the Department shall notify the State Comptroller, who
shall cause the order to be drawn for the amount specified, and to
the person named, in such notification from the Department. Such
refund shall be paid by the State Treasurer out of the municipal
retailers' occupation tax fund.
The Department shall forthwith pay over to the State Treasurer,
ex officio, as trustee, all taxes and penalties collected hereunder.
On or before the 25th day of each calendar month, the Department
shall prepare and certify to the Comptroller the disbursement of
stated sums of money to named municipalities, the municipalities to
be those from which suppliers and servicemen have paid taxes or
penalties hereunder to the Department during the second preceding
calendar month. The amount to be paid to each municipality shall be
the amount (not including credit memoranda) collected hereunder
during the second preceding calendar month by the Department, and not
including an amount equal to the amount of refunds made during the
second preceding calendar month by the Department on behalf of such
municipality. Within 10 days after receipt, by the Comptroller, of
the disbursement certification to the municipalities and the General
Revenue Fund, provided for in this Section to be given to the
Comptroller by the Department, the Comptroller shall cause the orders
to be drawn for the respective amounts in accordance with the
directions contained in such certification.
The Department of Revenue shall implement this amendatory Act of
the 91st General Assembly so as to collect the tax on and after
January 1, 2002.
Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in any
business which under the constitution of the United States may not be
made the subject of taxation by this State.
As used in this Section, "municipal" or "municipality" means or
refers to a city, village or incorporated town, including an
incorporated town which has superseded a civil township.
This Section shall be known and may be cited as the "Non-Home
Rule Municipal Service Occupation Tax Act".
(Source: P.A. 86-928; 86-1475; 87-205; 87-895.)
(65 ILCS 5/8-11-1.5) (from Ch. 24, par. 8-11-1.5)
Sec. 8-11-1.5. Non-Home Rule Municipal Use Tax Act. The
corporate authorities of a non-home rule municipality with a
population greater than 130,000 but less than 2,000,000 may impose a
tax upon the privilege of using, in such municipality, any item of
tangible personal property which is purchased at retail from a
retailer, and which is titled or registered with an agency of this
State's government, at a rate of 1/2 of 1% and based on the selling
price of such tangible personal property, as "selling price" is
defined in the Use Tax Act, for expenditure on public infrastructure
as defined in Section 8-11-1.2, if approved by referendum as provided
in Section 8-11-1.1. Such tax shall be collected from persons whose
Illinois address for title or registration purposes is given as being
in such municipality. Such tax shall be collected by the municipality
imposing such tax. A non-home rule municipality may not impose and
collect the tax prior to January 1, 2002.
This Section shall be known and may be cited as the "Non-Home
Rule Municipal Use Tax Act".
(Source: P.A. 86-928.)".
HOUSE OF REPRESENTATIVES 5889
Submitted on May 26, 1999.
s/Sen. William Peterson s/Rep. Frank Mautino
s/Sen. Wendell Jones Rep. Calvin L. Giles
s/Sen. Stanley B. Weaver s/Rep. Barbara Flynn Currie
s/Sen. James Clayborne Rep. Art Tenhouse
s/Sen. Arthur Berman s/Rep. Sidney Mathias
Committee for the Senate Committee for the House
Representative Cowlishaw submitted the following First Conference
Committee Report on HOUSE BILL 542 which was ordered printed and
referred to the Committee on Rules:
91ST GENERAL ASSEMBLY
FIRST CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 542
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to Senate Amendment No. 1
to House Bill 542, recommend the following:
(1) that the House concur in Senate Amendment No. 1; and
(2) that House Bill 542 be further amended, AS AMENDED, with
reference to page and line numbers of Senate Amendment No. 1, on page
8, below line 28, by inserting the following:
"(27) Beginning January 1, 2000, personal property, including
food, purchased through fundraising events for the benefit of a
public or private elementary or secondary school, a group of those
schools, or one or more school districts if the events are sponsored
by an entity recognized by the school district that consists
primarily of volunteers and includes parents and teachers of the
school children. This paragraph does not apply to fundraising events
(i) for the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal property sold at the events
from another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits from the
sale to the fundraising entity. This paragraph is exempt from the
provisions of Section 3-90."; and
on page 14, below line 29, by inserting the following:
"(20) Beginning January 1, 2000, personal property, including
food, purchased through fundraising events for the benefit of a
public or private elementary or secondary school, a group of those
schools, or one or more school districts if the events are sponsored
by an entity recognized by the school district that consists
primarily of volunteers and includes parents and teachers of the
school children. This paragraph does not apply to fundraising events
(i) for the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal property sold at the events
from another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits from the
sale to the fundraising entity. This paragraph is exempt from the
provisions of Section 3-75."; and
on page 20, below line 9, by inserting the following:
"(21) Beginning January 1, 2000, personal property, including
food, purchased through fundraising events for the benefit of a
public or private elementary or secondary school, a group of those
schools, or one or more school districts if the events are sponsored
by an entity recognized by the school district that consists
5890 JOURNAL OF THE [May 26, 1999]
primarily of volunteers and includes parents and teachers of the
school children. This paragraph does not apply to fundraising events
(i) for the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal property sold at the events
from another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits from the
sale to the fundraising entity. This paragraph is exempt from the
provisions of Section 3-55."; and
on page 28, below line 7, by inserting the following:
"(33) Beginning January 1, 2000, personal property, including
food, purchased through fundraising events for the benefit of a
public or private elementary or secondary school, a group of those
schools, or one or more school districts if the events are sponsored
by an entity recognized by the school district that consists
primarily of volunteers and includes parents and teachers of the
school children. This paragraph does not apply to fundraising events
(i) for the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal property sold at the events
from another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits from the
sale to the fundraising entity. This paragraph is exempt from the
provisions of Section 2-70.".
Submitted on May 26, 1999.
s/Sen. Bradley Burzynski s/Rep. Barbara Flynn Currie
Sen. William Peterson Rep. Coy Pugh
Sen. Chris Lauzen s/Rep. Gary Hannig
s/Sen. Barack Obama s/Rep. Dan Rutherford
s/Sen. Arthur Berman s/Rep. Mary Lou Cowlishaw
Committee for the Senate Committee for the House
Representative Steve Davis submitted the following First
Conference Committee Report on HOUSE BILL 1278 which was ordered
printed and referred to the Committee on Rules:
91ST GENERAL ASSEMBLY
FIRST CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 1278
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to Senate Amendment No. 2
to House Bill 1278, recommend the following:
(1) that the House concur in Senate Amendment No. 2; and
(2) that House Bill 1278, AS AMENDED, be further amended, with
reference to the page and line numbers of Senate Amendment No. 2, as
follows:
by deleting lines 6 through 34 on page 6, all of page 7, and lines 1
through 8 on page 8; and
on page 11, by replacing lines 23 through 25 with the following:
"methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or
pseudoephedrine or any of"; and
on page 15, line 28, by replacing "(c), (d)," with "(c), (c-5), (d),
(d-5),"; and
by deleting line 34 on page 23 and lines 1 through 8 on page 24; and
on page 24, line 29, by replacing "(Source: P.A. 90-775, eff.
1-1-99.)" with the following:
"(Source: P.A. 90-775, eff. 1-1-99.)
HOUSE OF REPRESENTATIVES 5891
Section 99. Effective date. This Act takes effect January 1,
2000.".
Submitted on May 26, 1999.
s/Sen. Carl Hawkinson s/Rep. Steve Davis
s/Sen. Kirk Dillard s/Rep. Lauren Beth Gash
s/Sen. Ed Petka s/Rep. Louis Lang
s/Sen. John Cullerton s/Rep. Richard Winkel
s/Sen. Ira Silverstein s/Rep. Patricia Lindner
Committee for the Senate Committee for the House
Representative Woolard submitted the following First Conference
Committee Report on HOUSE BILL 1670 which was ordered printed and
referred to the Committee on Rules:
91ST GENERAL ASSEMBLY
FIRST CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 1670
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to Senate Amendments Nos.
1 and 2 to House Bill 1670, recommend the following:
(1) that the House concur in Senate Amendments Nos. 1 and 2; and
(2) that House Bill 1670, AS AMENDED, be further amended as
follows:
in the title, by deleting "by changing Section 21-5b"; and
in Section 5, Sec. 21-5b, the paragraph beginning "A provisional
alternative", by deleting item (1.5); and
in Section 5, Sec. 21-5b, the paragraph beginning "A provisional
alternative", item (2), by replacing "and" with "and"; and
in Section 5, Sec. 21-5b, the paragraph beginning "A provisional
alternative", item (3), by replacing "21-1a" with the following:
"21-1a; and
(4) have been employed for a period of at least 5 years in
an area requiring application of the individual's education;
however, this requirement does not apply with respect to a
provisional alternative teaching certificate for teaching in
schools situated in a school district that is located in a city
having a population in excess of 500,000 inhabitants"; and
in Section 5, Sec. 21-5b, the paragraph beginning "A standard
alternative", the sentence beginning "Alternatively,", by replacing
"subsection (c) of Section 21-2 of this Code" with the following:
"subsection (c) of Section 21-2 of this Code and further provided
that a person who does not apply for and receive a Standard Teaching
Certificate shall be able to teach only in schools situated in a
school district that is located in a city having a population in
excess of 500,000 inhabitants"; and
at the end of the bill, by inserting the following:
"Section 10. If and only if Senate Bill 556 of the 91st General
Assembly becomes law, the School Code is amended by changing Section
21-2 as follows:
(105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
Sec. 21-2. Grades of certificates.
(a) Until February 15, 2000, all certificates issued under this
Article shall be State certificates valid, except as limited in
Section 21-1, in every school district coming under the provisions of
this Act and shall be limited in time and designated as follows:
5892 JOURNAL OF THE [May 26, 1999]
Provisional vocational certificate, temporary provisional vocational
certificate, early childhood certificate, elementary school
certificate, special certificate, high school certificate, school
service personnel certificate, administrative certificate,
provisional certificate, and substitute certificate. The requirement
of student teaching under close and competent supervision for
obtaining a teaching certificate may be waived by the State Teacher
Certification Board upon presentation to the Board by the teacher of
evidence of 5 years successful teaching experience on a valid
certificate and graduation from a recognized institution of higher
learning with a bachelor's degree with not less than 120 semester
hours and a minimum of 16 semester hours in professional education.
(b) Initial Teaching Certificate. Beginning February 15, 2000,
persons who (1) have completed an approved teacher preparation
program, (2) are recommended by an approved teacher preparation
program, (3) have successfully completed the Initial Teaching
Certification examinations required by the State Board of Education,
and (4) have met all other criteria established by the State Board of
Education in consultation with the State Teacher Certification Board,
shall be issued an Initial Teaching Certificate valid for 4 years of
teaching, as defined in Section 21-14 of this Code. Initial Teaching
Certificates shall be issued for categories corresponding to Early
Childhood, Elementary, Secondary, and Special K-12, with special
certification designations for Special Education, Bilingual
Education, fundamental learning areas (including Language Arts,
Reading, Mathematics, Science, Social Science, Physical Development
and Health, Fine Arts, and Foreign Language), and other areas
designated by the State Board of Education, in consultation with the
State Teacher Certification Board.
(c) Standard Certificate. Beginning February 15, 2000, persons
who (1) have completed 4 years of teaching, as defined in Section
21-14 of this Code, with an Initial Certificate or an Initial
Alternative Teaching Certificate and have met all other criteria
established by the State Board of Education in consultation with the
State Teacher Certification Board, (2) have completed 4 years of
teaching on a valid equivalent certificate in another State or
territory of the United States, or have completed 4 years of teaching
in a nonpublic Illinois elementary or secondary school with an
Initial Certificate or an Initial Alternative Teaching Certificate,
and have met all other criteria established by the State Board of
Education, in consultation with the State Teacher Certification
Board, or (3) were issued teaching certificates prior to February 15,
2000 and are renewing those certificates after February 15, 2000,
shall be issued a Standard Certificate valid for 5 years, which may
be renewed thereafter every 5 years by the State Teacher
Certification Board based on proof of continuing education or
professional development. Beginning July 1, 2003, persons who have
completed 4 years of teaching, as described in clauses (1) and (2) of
this subsection (c), have successfully completed the Standard
Teaching Certificate Examinations, and have met all other criteria
established by the State Board of Education, in consultation with the
State Teacher Certification Board, shall be issued Standard
Certificates. Standard Certificates shall be issued for categories
corresponding to Early Childhood, Elementary, Secondary, and Special
K-12, with special certification designations for Special Education,
Bilingual Education, fundamental learning areas (including Language
Arts, Reading, Mathematics, Science, Social Science, Physical
Development and Health, Fine Arts, and Foreign Language), and other
areas designated by the State Board of Education, in consultation
with the State Teacher Certification Board.
(d) Master Certificate. Beginning February 15, 2000, persons
HOUSE OF REPRESENTATIVES 5893
who have successfully achieved National Board certification through
the National Board for Professional Teaching Standards shall be
issued a Master Certificate, valid for 10 years and renewable
thereafter every 10 years through compliance with requirements set
forth by the State Board of Education, in consultation with the State
Teacher Certification Board.
(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98; 90-811, eff.
1-26-99; 91SB0556enrolled.)".
Submitted on May 26, 1999.
s/Sen. Dan Cronin s/Rep. Larry D. Woolard
s/Sen. Patrick O'Malley s/Rep. Barbara Flynn Currie
s/Sen. Frank Watson s/Rep. Gary Hannig
Sen. Arthur Berman s/Rep. Art Tenhouse
Sen. Vince Demuzio s/Rep. Mary Lou Cowlishaw
Committee for the Senate Committee for the House
Representative Cross submitted the following First Conference
Committee Report on HOUSE BILL 1845 which was ordered printed and
referred to the Committee on Rules:
91ST GENERAL ASSEMBLY
FIRST CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 1845
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to Senate Amendment No. 1
to House Bill 1845, recommend the following:
(1) that the Senate recede form Senate Amendment No. 1; and
(2) that House Bill 1845 be amended by replacing the title with
the following:
"AN ACT to amend the Illinois Marriage and Dissolution of
Marriage Act by changing Section 607."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Marriage and Dissolution of Marriage
Act is amended by changing Section 607 as follows:
(750 ILCS 5/607) (from Ch. 40, par. 607)
Sec. 607. Visitation.
(a) A parent not granted custody of the child is entitled to
reasonable visitation rights unless the court finds, after a hearing,
that visitation would endanger seriously the child's physical,
mental, moral or emotional health. If the custodian's street address
is not identified, pursuant to Section 708, the court shall require
the parties to identify reasonable alternative arrangements for
visitation by a non-custodial parent, including but not limited to
visitation of the minor child at the residence of another person or
at a local public or private facility.
(b) (1) The court may grant reasonable visitation privileges to
a grandparent, great-grandparent, or sibling of any minor child upon
petition to the court by the grandparents or great-grandparents or on
behalf of the sibling, with notice to the parties required to be
notified under Section 601 of this Act, if the court determines that
it is in the best interests and welfare of the child, and may issue
any necessary orders to enforce such visitation privileges. Except
as provided in paragraph (2) of this subsection (b), a petition for
visitation privileges may be filed under this paragraph (1) whether
or not a petition pursuant to this Act has been previously filed or
5894 JOURNAL OF THE [May 26, 1999]
is currently pending if one or more of the following circumstances
exist:
(A) the parents are not currently cohabiting on a permanent
or an indefinite basis;
(B) one of the parents has been absent from the marital
abode for more than one month without the spouse knowing his or
her whereabouts;
(C) one of the parents is deceased;
(D) one of the parents joins in the petition with the
grandparents, great-grandparents, or sibling; or
(E) a sibling is in State custody.
(1.5) The Court may grant reasonable visitation privileges to a
stepparent upon petition to the court by the stepparent, with notice
to the parties required to be notified under Section 601 of this Act,
if the court determines that it is in the best interests and welfare
of the child, and may issue any necessary orders to enforce those
visitation privileges. A petition for visitation privileges may be
filed under this paragraph (1.5) whether or not a petition pursuant
to this Act has been previously filed or is currently pending if the
following circumstances are met:
(A) the child is at least 12 years old;
(B) the child resided continuously with the parent and
stepparent for at least 5 years;
(C) the parent is deceased or is disabled and is unable to
care for the child;
(D) the child wishes to have reasonable visitation with the
stepparent; and
(E) the stepparent was providing for the care, control, and
welfare to the child prior to the initiation of the petition for
visitation.
(2)(A) A petition for visitation privileges shall not be filed
pursuant to this subsection (b) by the parents or grandparents of a
putative father if the paternity of the putative father has not been
legally established.
(B) A petition for visitation privileges may not be filed under
this subsection (b) if the child who is the subject of the
grandparents' or great-grandparents' petition has been voluntarily
surrendered by the parent or parents, except for a surrender to the
Illinois Department of Children and Family Services or a foster care
facility, or has been previously adopted by an individual or
individuals who are not related to the biological parents of the
child or is the subject of a pending adoption petition by an
individual or individuals who are not related to the biological
parents of the child.
(3) When one parent is deceased, the surviving parent shall not
interfere with the visitation rights of the grandparents.
(c) The court may modify an order granting or denying visitation
rights of a parent whenever modification would serve the best
interest of the child; but the court shall not restrict a parent's
visitation rights unless it finds that the visitation would endanger
seriously the child's physical, mental, moral or emotional health.
The court may modify an order granting, denying, or limiting
visitation rights of a grandparent, great-grandparent, or sibling of
any minor child whenever a change of circumstances has occurred based
on facts occurring subsequent to the judgment and the court finds by
clear and convincing evidence that the modification is in the best
interest of the minor child.
(d) If any court has entered an order prohibiting a
non-custodial parent of a child from any contact with a child or
restricting the non-custodial parent's contact with the child, the
following provisions shall apply:
HOUSE OF REPRESENTATIVES 5895
(1) If an order has been entered granting visitation
privileges with the child to a grandparent or great-grandparent
who is related to the child through the non-custodial parent, the
visitation privileges of the grandparent or great-grandparent may
be revoked if:
(i) a court has entered an order prohibiting the
non-custodial parent from any contact with the child, and
the grandparent or great-grandparent is found to have used
his or her visitation privileges to facilitate contact
between the child and the non-custodial parent; or
(ii) a court has entered an order restricting the
non-custodial parent's contact with the child, and the
grandparent or great-grandparent is found to have used his
or her visitation privileges to facilitate contact between
the child and the non-custodial parent in a manner that
violates the terms of the order restricting the
non-custodial parent's contact with the child.
Nothing in this subdivision (1) limits the authority of the
court to enforce its orders in any manner permitted by law.
(2) Any order granting visitation privileges with the child
to a grandparent or great-grandparent who is related to the child
through the non-custodial parent shall contain the following
provision:
"If the (grandparent or great-grandparent, whichever is
applicable) who has been granted visitation privileges under this
order uses the visitation privileges to facilitate contact
between the child and the child's non-custodial parent, the
visitation privileges granted under this order shall be
permanently revoked."
(e) No parent, not granted custody of the child, or grandparent,
or great-grandparent, or stepparent, or sibling of any minor child,
convicted of any offense involving an illegal sex act perpetrated
upon a victim less than 18 years of age including but not limited to
offenses for violations of Article 12 of the Criminal Code of 1961,
is entitled to visitation rights while incarcerated or while on
parole, probation, conditional discharge, periodic imprisonment, or
mandatory supervised release for that offense, and upon discharge
from incarceration for a misdemeanor offense or upon discharge from
parole, probation, conditional discharge, periodic imprisonment, or
mandatory supervised release for a felony offense, visitation shall
be denied until the person successfully completes a treatment program
approved by the court.
(f) Unless the court determines, after considering all relevant
factors, including but not limited to those set forth in Section
602(a), that it would be in the best interests of the child to allow
visitation, the court shall not enter an order providing visitation
rights and pursuant to a motion to modify visitation shall revoke
visitation rights previously granted to any person who would
otherwise be entitled to petition for visitation rights under this
Section who has been convicted of first degree murder of the parent,
grandparent, great-grandparent, or sibling of the child who is the
subject of the order. Until an order is entered pursuant to this
subsection, no person shall visit, with the child present, a person
who has been convicted of first degree murder of the parent,
grandparent, great-grandparent, or sibling of the child without the
consent of the child's parent, other than a parent convicted of first
degree murder as set forth herein, or legal guardian.
(g) If an order has been entered limiting, for cause, a minor
child's contact or visitation with a grandparent, great-grandparent,
or sibling on the grounds that it was in the best interest of the
child to do so, that order may be modified only upon a showing of a
5896 JOURNAL OF THE [May 26, 1999]
substantial change in circumstances occurring subsequent to the entry
of the order with proof by clear and convincing evidence that
modification is in the best interest of the minor child.
(Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98; 90-801,
eff. 6-1-99; revised 12-22-98.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
Submitted on May 26, 1999.
s/Sen. Wendell E. Jones s/Rep. Art Tenhouse
s/Sen. Carl Hawkinson s/Rep. Suzanne Bassi
s/Sen. Kirk Dillard s/Rep. Larry Woolard
s/Sen. John Cullerton s/Rep. Tom Dart
s/Sen. Barack Obama s/Rep. Barbara Flynn Currie
Committee for the Senate Committee for the House
Representative Leitch submitted the following First Conference
Committee Report on HOUSE BILL 2166 which was ordered printed and
referred to the Committee on Rules:
91ST GENERAL ASSEMBLY
FIRST CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 2166
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to Senate Amendments No. 1
and No. 2 to House Bill 2166, recommend the following:
(1) that the Senate recede from Senate Amendments No. 1 and No.
2; and
(2) that House Bill 2166 be amended by replacing the title with
the following:
"AN ACT to amend the Comprehensive Health Insurance Plan Act by
changing Sections 7 and 8 and repealing Section 8.5."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Comprehensive Health Insurance Plan Act is
amended by changing Sections 7 and 8 as follows:
(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
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
HOUSE OF REPRESENTATIVES 5897
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
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
5898 JOURNAL OF THE [May 26, 1999]
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
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.)
(215 ILCS 105/8) (from Ch. 73, par. 1308)
Sec. 8. Minimum benefits.
a. Availability. The Plan shall offer in an annually renewable
policy major medical expense coverage to every eligible person who is
not eligible for Medicare. Major medical expense coverage offered by
the Plan shall pay an eligible person's covered expenses, subject to
limit on the deductible and coinsurance payments authorized under
paragraph (4) of subsection d of this Section, up to a lifetime
HOUSE OF REPRESENTATIVES 5899
benefit limit of $1,000,000 per covered individual. The maximum
limit under this subsection shall not be altered by the Board, and no
actuarial equivalent benefit may be substituted by the Board. Any
person who otherwise would qualify for coverage under the Plan, but
is excluded because he or she is eligible for Medicare, shall be
eligible for any separate Medicare supplement policy or policies
which the Board may offer.
b. Outline of benefits. Covered expenses shall be limited to
the usual and customary charge, including negotiated fees, in the
locality for the following services and articles when prescribed by a
physician and determined by the Plan to be medically necessary for
the following areas of services, subject to such separate
deductibles, co-payments, exclusions, and other limitations on
benefits as the Board shall establish and approve, and the other
provisions of this Section:
(1) Hospital services, except that any services provided by
a hospital that is located more than 75 miles outside the State
of Illinois shall be covered only for a maximum of 45 days in any
calendar year. With respect to covered expenses incurred during
any calendar year ending on or after December 31, 1999, inpatient
hospitalization of an eligible person for the treatment of mental
illness at a hospital located within the State of Illinois shall
be subject to the same terms and conditions as for any other
illness.
(2) Professional services for the diagnosis or treatment of
injuries, illnesses or conditions, other than dental and mental
and nervous disorders as described in paragraph (17), which are
rendered by a physician, or by other licensed professionals at
the physician's direction.
(2.5) Professional services provided by a physician to
children under the age of 16 years for physical examinations and
age appropriate immunizations ordered by a physician licensed to
practice medicine in all its branches.
(3) (Blank).
(4) Outpatient prescription drugs that by law require
requiring a physician's prescription written by a physician
licensed to practice medicine in all its branches subject to such
separate deductible, copayment, and other limitations or
restrictions as the Board shall approve, including the use of a
prescription drug card or any other program, or both.
(5) Skilled nursing services of a licensed skilled nursing
facility for not more than 120 days during a policy year.
(6) Services of a home health agency in accord with a home
health care plan, up to a maximum of 270 visits per year.
(7) Services of a licensed hospice for not more than 180
days during a policy year.
(8) Use of radium or other radioactive materials.
(9) Oxygen.
(10) Anesthetics.
(11) Orthoses and prostheses other than dental.
(12) Rental or purchase in accordance with Board policies
or procedures of durable medical equipment, other than eyeglasses
or hearing aids, for which there is no personal use in the
absence of the condition for which it is prescribed.
(13) Diagnostic x-rays and laboratory tests.
(14) Oral surgery for excision of partially or completely
unerupted impacted teeth or the gums and tissues of the mouth,
when not performed in connection with the routine extraction or
repair of teeth, that is required to treat and oral surgery and
procedures, including orthodontics and prosthetics necessary for
craniofacial or maxillofacial conditions and to correct
5900 JOURNAL OF THE [May 26, 1999]
congenital defects or injuries to natural teeth or a fractured
jaw due to an accident that occurred while a covered person.
(15) Physical, speech, and functional occupational therapy
as medically necessary and provided by appropriate licensed
professionals.
(16) Emergency and other medically necessary transportation
provided by a licensed ambulance service to the nearest health
care facility qualified to treat a covered illness, injury, or
condition, subject to the provisions of the Emergency Medical
Systems (EMS) Act.
(17) Outpatient services for diagnosis and treatment of
mental and nervous disorders provided that a covered person shall
be required to make a copayment not to exceed 50% and that the
Plan's payment shall not exceed such amounts as are established
by the Board.
(18) Human organ or tissue transplants specified by the
Board that are performed at a hospital designated by the Board as
a participating transplant center for that specific organ or
tissue transplant.
(19) Naprapathic services, as appropriate, provided by a
licensed naprapathic practitioner.
c. Exclusions. Covered expenses of the Plan shall not include
the following:
(1) Any charge for treatment for cosmetic purposes other
than for reconstructive surgery when the service is incidental to
or follows surgery resulting from injury, sickness or other
diseases of the involved part or surgery for the repair or
treatment of a congenital bodily defect to restore normal bodily
functions.
(2) Any charge for care that is primarily for rest,
custodial, educational, or domiciliary purposes.
(3) Any charge for services in a private room to the extent
it is in excess of the institution's charge for its most common
semiprivate room, unless a private room is prescribed as
medically necessary by a physician.
(4) That part of any charge for room and board or for
services rendered or articles prescribed by a physician, dentist,
or other health care personnel that exceeds the reasonable and
customary charge in the locality or for any services or supplies
not medically necessary for the diagnosed injury or illness.
(5) Any charge for services or articles the provision of
which is not within the scope of licensure of the institution or
individual providing the services or articles.
(6) Any expense incurred prior to the effective date of
coverage by the Plan for the person on whose behalf the expense
is incurred.
(7) Dental care, dental surgery, dental treatment or dental
appliances, except as provided in paragraph (14) of subsection b
of this Section.
(8) Eyeglasses, contact lenses, hearing aids or their
fitting.
(9) Illness or injury due to acts of war.
(10) Services of blood donors and any fee for failure to
replace the first 3 pints of blood provided to a covered person
each policy year.
(11) Personal supplies or services provided by a hospital
or nursing home, or any other nonmedical or nonprescribed supply
or service.
(12) Routine maternity charges for a pregnancy, except
where added as optional coverage with payment of an additional
premium for pregnancy resulting from conception occurring after
HOUSE OF REPRESENTATIVES 5901
the effective date of the optional coverage.
(13) (Blank).
(14) Any expense or charge for services, drugs, or supplies
that are: (i) not provided in accord with generally accepted
standards of current medical practice; (ii) for procedures,
treatments, equipment, transplants, or implants, any of which are
investigational, experimental, or for research purposes; (iii)
investigative and not proven safe and effective; or (iv) for, or
resulting from, a gender transformation operation.
(15) Any expense or charge for routine physical
examinations or tests except as provided in item (2.5) of
subsection b of this Section.
(16) Any expense for which a charge is not made in the
absence of insurance or for which there is no legal obligation on
the part of the patient to pay.
(17) Any expense incurred for benefits provided under the
laws of the United States and this State, including Medicare, and
Medicaid, and other medical assistance, maternal and child health
services and any other program that is administered or funded by
the Department of Human Services, Department of Public Aid, or
Department of Public Health, military service-connected
disability payments, medical services provided for members of the
armed forces and their dependents or employees of the armed
forces of the United States, and medical services financed on
behalf of all citizens by the United States.
(18) Any expense or charge for in vitro fertilization,
artificial insemination, or any other artificial means used to
cause pregnancy.
(19) Any expense or charge for oral contraceptives used for
birth control or any other temporary birth control measures.
(20) Any expense or charge for sterilization or
sterilization reversals.
(21) Any expense or charge for weight loss programs,
exercise equipment, or treatment of obesity, except when
certified by a physician as morbid obesity (at least 2 times
normal body weight).
(22) Any expense or charge for acupuncture treatment unless
used as an anesthetic agent for a covered surgery.
(23) Any expense or charge for or related to organ or
tissue transplants other than those performed at a hospital with
a Board approved organ transplant program that has been
designated by the Board as a preferred or exclusive provider
organization for that specific organ or tissue transplant.
(24) Any expense or charge for procedures, treatments,
equipment, or services that are provided in special settings for
research purposes or in a controlled environment, are being
studied for safety, efficiency, and effectiveness, and are
awaiting endorsement by the appropriate national medical
speciality college for general use within the medical community.
d. Deductibles and coinsurance.
The Plan coverage defined in Section 6 shall provide for a choice
of deductibles per individual as authorized by the Board. If 2
individual members of the same family household, who are both covered
persons under the Plan, satisfy the same applicable deductibles, no
other member of that family who is also a covered person under the
Plan shall be required to meet any deductibles for the balance of
that calendar year. The deductibles must be applied first to the
authorized amount of covered expenses incurred by the covered person.
A mandatory coinsurance requirement shall be imposed at the rate
authorized by the Board in excess of the mandatory deductible, the
coinsurance in the aggregate not to exceed such amounts as are
5902 JOURNAL OF THE [May 26, 1999]
authorized by the Board per annum. At its discretion the Board may,
however, offer catastrophic coverages or other policies that provide
for larger deductibles with or without coinsurance requirements. The
deductibles and coinsurance factors may be adjusted annually
according to the Medical Component of the Consumer Price Index.
e. Scope of coverage.
(1) In approving any of the benefit plans to be offered by the
Plan, the Board shall establish such benefit levels, deductibles,
coinsurance factors, exclusions, and limitations as it may deem
appropriate and that it believes to be generally reflective of and
commensurate with health insurance coverage that is provided in the
individual market in this State.
(2) The benefit plans approved by the Board may also provide for
and employ various cost containment measures and other requirements
including, but not limited to, preadmission certification, prior
approval, second surgical opinions, concurrent utilization review
programs, individual case management, preferred provider
organizations, health maintenance organizations, and other cost
effective arrangements for paying for covered expenses.
f. Preexisting conditions.
(1) Except for federally eligible individuals qualifying
for Plan coverage under Section 15 of this Act or eligible
persons who qualify for and elect to purchase the waiver
authorized in paragraph (3) of this subsection, plan coverage
shall exclude charges or expenses incurred during the first 6
months following the effective date of coverage as to any
condition if: (a) the condition had manifested itself within the
6 month period immediately preceding the effective date of
coverage in such a manner as would cause an ordinarily prudent
person to seek diagnosis, care or treatment; or (b) medical
advice, care or treatment was recommended or received within the
6 month period immediately preceding the effective date of
coverage.
(2) (Blank).
(3) (Blank) Waiver: The preexisting condition exclusions as
set forth in paragraph (1) of this subsection shall be waived to
the extent to which the eligible person: (a) has satisfied
similar exclusions under any prior health insurance coverage or
group health plan that was involuntarily terminated; (b) is
ineligible for any continuation coverage that would continue or
provide substantially similar coverage following that
termination; and (c) has applied for Plan coverage not later than
30 days following the involuntary termination. No policy or plan
shall be deemed to have been involuntarily terminated if the
master policyholder or other controlling party elected to change
insurance coverage from one health insurance issuer or group
health plan to another even if that decision resulted in a
discontinuation of coverage for any individual under the plan,
either totally or for any medical condition. For each eligible
person who qualifies for and elects this waiver, there shall be
added to each payment of premium, on a prorated basis, a
surcharge of up to 10% of the otherwise applicable annual premium
for as long as that individual's coverage under the Plan remains
in effect or 60 months, whichever is less.
g. Other sources primary; nonduplication of benefits.
(1) The Plan shall be the last payor of benefits whenever
any other benefit or source of third party payment is available.
Subject to the provisions of subsection e of Section 7, benefits
otherwise payable under Plan coverage shall be reduced by all
amounts paid or payable by Medicare or any other government
program or through any health insurance or group health plan,
HOUSE OF REPRESENTATIVES 5903
whether by insurance, reimbursement, or otherwise, or through any
third party liability, settlement, judgment, or award, regardless
of the date of the settlement, judgment, or award, 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 covered
person, his or her dependent, estate, personal representative, or
guardian in a lump sum or over time, and by all hospital or
medical expense benefits paid or payable under any worker's
compensation coverage, automobile medical payment, or liability
insurance, whether provided on the basis of fault or nonfault,
and by any hospital or medical benefits paid or payable under or
provided pursuant to any State or federal law or program.
(2) The Plan shall have a cause of action against any
covered person or any other person or entity for the recovery of
any amount paid to the extent the amount was for treatment,
services, or supplies not covered in this Section or in excess of
benefits as set forth in this Section.
(3) Whenever benefits are due from the Plan because of
sickness or an injury to a covered person resulting from a third
party's wrongful act or negligence and the covered person has
recovered or may recover damages from a third party or its
insurer, the Plan shall have the right to reduce benefits or to
refuse to pay benefits that otherwise may be payable by the
amount of damages that the covered person has recovered or may
recover regardless of the date of the sickness or injury or the
date of any settlement, judgment, or award resulting from that
sickness or injury.
During the pendency of any action or claim that is brought
by or on behalf of a covered person against a third party or its
insurer, any benefits that would otherwise be payable except for
the provisions of this paragraph (3) shall be paid if payment by
or for the third party has not yet been made and the covered
person or, if incapable, that person's legal representative
agrees in writing to pay back promptly the benefits paid as a
result of the sickness or injury to the extent of any future
payments made by or for the third party for the sickness or
injury. This agreement is to apply whether or not liability for
the payments is established or admitted by the third party or
whether those payments are itemized.
Any amounts due the plan to repay benefits may be deducted
from other benefits payable by the Plan after payments by or for
the third party are made.
(4) Benefits due from the Plan may be reduced or refused as
an offset against any amount otherwise recoverable under this
Section.
h. Right of subrogation; recoveries.
(1) Whenever the Plan has paid benefits because of sickness
or an injury to any covered person resulting from a third party's
wrongful act or negligence, or for which an insurer is liable in
accordance with the provisions of any policy of insurance, and
the covered person has recovered or may recover damages from a
third party that is liable for the damages, the Plan shall have
the right to recover the benefits it paid from any amounts that
the covered person has received or may receive regardless of the
date of the sickness or injury or the date of any settlement,
judgment, or award resulting from that sickness or injury. The
Plan shall be subrogated to any right of recovery the covered
person may have under the terms of any private or public health
care coverage or liability coverage, including coverage under the
Workers' Compensation Act or the Workers' Occupational Diseases
5904 JOURNAL OF THE [May 26, 1999]
Act, without the necessity of assignment of claim or other
authorization to secure the right of recovery. To enforce its
subrogation right, the Plan may (i) intervene or join in an
action or proceeding brought by the covered person or his
personal representative, including his guardian, conservator,
estate, dependents, or survivors, against any third party or the
third party's insurer that may be liable or (ii) institute and
prosecute legal proceedings against any third party or the third
party's insurer that may be liable for the sickness or injury in
an appropriate court either in the name of the Plan or in the
name of the covered person or his personal representative,
including his guardian, conservator, estate, dependents, or
survivors.
(2) If any action or claim is brought by or on behalf of a
covered person against a third party or the third party's
insurer, the covered person or his personal representative,
including his guardian, conservator, estate, dependents, or
survivors, shall notify the Plan by personal service or
registered mail of the action or claim and of the name of the
court in which the action or claim is brought, filing proof
thereof in the action or claim. The Plan may, at any time
thereafter, join in the action or claim upon its motion so that
all orders of court after hearing and judgment shall be made for
its protection. No release or settlement of a claim for damages
and no satisfaction of judgment in the action shall be valid
without the written consent of the Plan to the extent of its
interest in the settlement or judgment and of the covered person
or his personal representative.
(3) In the event that the covered person or his personal
representative fails to institute a proceeding against any
appropriate third party before the fifth month before the action
would be barred, the Plan may, in its own name or in the name of
the covered person or personal representative, commence a
proceeding against any appropriate third party for the recovery
of damages on account of any sickness, injury, or death to the
covered person. The covered person shall cooperate in doing what
is reasonably necessary to assist the Plan in any recovery and
shall not take any action that would prejudice the Plan's right
to recovery. The Plan shall pay to the covered person or his
personal representative all sums collected from any third party
by judgment or otherwise in excess of amounts paid in benefits
under the Plan and amounts paid or to be paid as costs, attorneys
fees, and reasonable expenses incurred by the Plan in making the
collection or enforcing the judgment.
(4) In the event that a covered person or his personal
representative, including his guardian, conservator, estate,
dependents, or survivors, recovers damages from a third party for
sickness or injury caused to the covered person, the covered
person or the personal representative shall pay to the Plan from
the damages recovered the amount of benefits paid or to be paid
on behalf of the covered person.
(5) When the action or claim is brought by the covered
person alone and the covered person incurs a personal liability
to pay attorney's fees and costs of litigation, the Plan's claim
for reimbursement of the benefits provided to the covered person
shall be the full amount of benefits paid to or on behalf of the
covered person under this Act less a pro rata share that
represents the Plan's reasonable share of attorney's fees paid by
the covered person and that portion of the cost of litigation
expenses determined by multiplying by the ratio of the full
amount of the expenditures to the full amount of the judgement,
HOUSE OF REPRESENTATIVES 5905
award, or settlement.
(6) In the event of judgment or award in a suit or claim
against a third party or insurer, the court shall first order
paid from any judgement or award the reasonable litigation
expenses incurred in preparation and prosecution of the action or
claim, together with reasonable attorney's fees. After payment
of those expenses and attorney's fees, the court shall apply out
of the balance of the judgment or award an amount sufficient to
reimburse the Plan the full amount of benefits paid on behalf of
the covered person under this Act, provided the court may reduce
and apportion the Plan's portion of the judgement proportionate
to the recovery of the covered person. The burden of producing
evidence sufficient to support the exercise by the court of its
discretion to reduce the amount of a proven charge sought to be
enforced against the recovery shall rest with the party seeking
the reduction. The court may consider the nature and extent of
the injury, economic and non-economic loss, settlement offers,
comparative negligence as it applies to the case at hand,
hospital costs, physician costs, and all other appropriate costs.
The Plan shall pay its pro rata share of the attorney fees based
on the Plan's recovery as it compares to the total judgment. Any
reimbursement rights of the Plan shall take priority over all
other liens and charges existing under the laws of this State
with the exception of any attorney liens filed under the
Attorneys Lien Act.
(7) The Plan may compromise or settle and release any claim
for benefits provided under this Act or waive any claims for
benefits, in whole or in part, for the convenience of the Plan or
if the Plan determines that collection would result in undue
hardship upon the covered person.
(Source: P.A. 89-486, eff. 6-21-96; 90-7, eff. 6-10-97; 90-30, eff.
7-1-97; 90-655, eff. 7-30-98.)
(215 ILCS 105/8.5 rep.)
Section 10. The Comprehensive Health Insurance Plan Act is
amended by repealing Section 8.5.
Section 99. Effective date. This Act takes effect upon becoming
law.".
Submitted on May 26, 1999.
s/Sen. Robert Madigan s/Rep. Frank Mautino
s/Sen. Thomas Walsh s/Rep. Barbara Flynn Currie
s/Sen. Doris Karpiel s/Rep. Kurt Granberg
s/Sen. Denny Jacobs s/Rep. Art Tenhouse
s/Sen. Robert Molaro s/Rep. Tom Cross
Committee for the Senate Committee for the House
Representative Lang submitted the following First Conference
Committee Report on SENATE BILL 19 which was ordered printed and
referred to the Committee on Rules:
91ST GENERAL ASSEMBLY
FIRST CONFERENCE COMMITTEE REPORT
ON SENATE BILL 19
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to House Amendments Nos.
1, 2, and 3 to Senate Bill 19, recommend the following:
5906 JOURNAL OF THE [May 26, 1999]
(1) that the House recede from House Amendments Nos. 1, 2, and
3; and
(2) that Senate Bill 19 be amended by replacing the title with
the following:
"AN ACT regarding child support enforcement."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Non-Support Punishment Act.
Section 5. Prosecutions by State's Attorneys. A proceeding for
enforcement of this Act may be instituted and prosecuted by the
several State's Attorneys only upon the filing of a verified
complaint by the person or persons receiving child or spousal
support.
Section 7. Prosecutions by Attorney General. In addition to
enforcement proceedings by the several State's Attorneys, a
proceeding for the enforcement of this Act may be instituted and
prosecuted by the Attorney General in cases referred by the Illinois
Department of Public Aid involving persons receiving child and spouse
support services under Article X of the Illinois Public Aid Code.
Before referring a case to the Attorney General for enforcement under
this Act, the Department of Public Aid shall notify the person
receiving child and spouse support services under Article X of the
Illinois Public Aid Code of the Department's intent to refer the case
to the Attorney General under this Section for prosecution.
Section 10. Proceedings. Proceedings under this Act may be by
indictment or information. No proceeding may be brought under Section
15 against a person whose court or administrative order for support
was entered by default, unless the indictment or information
specifically alleges that the person has knowledge of the existence
of the order for support and that the person has the ability to pay
the support.
Section 15. Failure to support.
(a) A person commits the offense of failure to support when he
or she:
(1) willfully, without any lawful excuse, refuses to
provide for the support or maintenance of his or her spouse, with
the knowledge that the spouse is in need of such support or
maintenance, or, without lawful excuse, deserts or willfully
refuses to provide for the support or maintenance of his or her
child or children under the age of 18 years, in need of support
or maintenance and the person has the ability to provide the
support; or
(2) willfully fails to pay a support obligation required
under a court or administrative order for support, if the
obligation has remained unpaid for a period longer than 6 months,
or is in arrears in an amount greater than $5,000, and the person
has the ability to provide the support; or
(3) leaves the State with the intent to evade a support
obligation required under a court or administrative order for
support, if the obligation, regardless of when it accrued, has
remained unpaid for a period longer than 6 months, or is in
arrears in an amount greater than $10,000; or
(4) willfully fails to pay a support obligation required
under a court or administrative order for support, if the
obligation has remained unpaid for a period longer than one year,
or is in arrears in an amount greater than $20,000, and the
person has the ability to provide the support.
(a-5) Presumption of ability to pay support. The existence of a
court or administrative order of support that was not based on a
default judgment and was in effect for the time period charged in the
indictment or information creates a rebuttable presumption that the
HOUSE OF REPRESENTATIVES 5907
obligor has the ability to pay the support obligation for that time
period.
(b) Sentence. A person convicted of a first offense under
subdivision (a)(1) or (a)(2) is guilty of a Class A misdemeanor. A
person convicted of an offense under subdivision (a)(3) or (a)(4) or
a second or subsequent offense under subdivision (a)(1) or (a)(2) is
guilty of a Class 4 felony.
(c) Expungement. A person convicted of a first offense under
subdivision (a)(1) or (a)(2) who is eligible for the Earnfare
program, shall, in lieu of the sentence prescribed in subsection (b),
be referred to the Earnfare program. Upon certification of
completion of the Earnfare program, the conviction shall be expunged.
If the person fails to successfully complete the Earnfare program, he
or she shall be sentenced in accordance with subsection (b).
(d) Fine. Sentences of imprisonment and fines for offenses
committed under this Act shall be as provided under Articles 8 and 9
of Chapter V of the Unified Code of Corrections, except that the
court shall order restitution of all unpaid support payments and may
impose the following fines, alone, or in addition to a sentence of
imprisonment under the following circumstances:
(1) from $1,000 to $5,000 if the support obligation has
remained unpaid for a period longer than 2 years, or is in
arrears in an amount greater than $1,000 and not exceeding
$10,000;
(2) from $5,000 to $10,000 if the support obligation has
remained unpaid for a period longer than 5 years, or is in
arrears in an amount greater than $10,000 and not exceeding
$20,000; or
(3) from $10,000 to $25,000 if the support obligation has
remained unpaid for a period longer than 8 years, or is in
arrears in an amount greater than $20,000.
Restitution shall be ordered in an amount equal to the total
unpaid support obligation as it existed at the time of sentencing.
Any amounts paid by the obligor shall be allocated first to current
support and then to restitution ordered and then to fines imposed
under this Section.
Section 20. Entry of order for support; income withholding.
(a) In a case in which no court or administrative order for
support is in effect against the defendant:
(1) at any time before the trial, upon motion of the State's
Attorney, or of the Attorney General if the action has been
instituted by his office, and upon notice to the defendant, or at
the time of arraignment or as a condition of postponement of
arraignment, the court may enter such temporary order for support
as may seem just, providing for the support or maintenance of the
spouse or child or children of the defendant, or both, pendente
lite; or
(2) before trial with the consent of the defendant, or at
the trial on entry of a plea of guilty, or after conviction,
instead of imposing the penalty provided in this Act, or in
addition thereto, the court may enter an order for support,
subject to modification by the court from time to time as
circumstances may require, directing the defendant to pay a
certain sum for maintenance of the spouse, or for support of the
child or children, or both.
(b) The court shall determine the amount of child support by
using the guidelines and standards set forth in subsection (a) of
Section 505 and in Section 505.2 of the Illinois Marriage and
Dissolution of Marriage Act.
(c) The court shall determine the amount of maintenance using the
standards set forth in Section 504 of the Illinois Marriage and
5908 JOURNAL OF THE [May 26, 1999]
Dissolution of Marriage Act.
(d) The court may, for violation of any order under this Section,
punish the offender as for a contempt of court, but no pendente lite
order shall remain in effect longer than 4 months, or after the
discharge of any panel of jurors summoned for service thereafter in
such court, whichever is sooner.
(e) Any order for support entered by the court under this Section
shall be deemed to be a series of judgments against the person
obligated to pay support under the judgments, each such judgment to
be in the amount of each payment or installment of support and each
judgment to be deemed entered as of the date the corresponding
payment or installment becomes due under the terms of the support
order. Each judgment shall have the full force, effect, and
attributes of any other judgment of this State, including the ability
to be enforced. Each judgment is subject to modification or
termination only in accordance with Section 510 of the Illinois
Marriage and Dissolution of Marriage Act. A lien arises by operation
of law against the real and personal property of the noncustodial
parent for each installment of overdue support owed by the
noncustodial parent.
(f) An order for support entered under this Section shall include
a provision requiring the obligor to report to the obligee and to the
clerk of the court within 10 days each time the obligor obtains new
employment, and each time the obligor's employment is terminated for
any reason. The report shall be in writing and shall, in the case of
new employment, include the name and address of the new employer.
Failure to report new employment or the termination of current
employment, if coupled with nonpayment of support for a period in
excess of 60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment, bond shall be set in
the amount of the child support that should have been paid during the
period of unreported employment.
An order for support entered under this Section shall also
include a provision requiring the obligor and obligee parents to
advise each other of a change in residence within 5 days of the
change except when the court finds that the physical, mental, or
emotional health of a party or of a minor child, or both, would be
seriously endangered by disclosure of the party's address.
(g) An order for support entered or modified in a case in which a
party is receiving child and spouse support services under Article X
of the Illinois Public Aid Code shall include a provision requiring
the noncustodial parent to notify the Illinois Department of Public
Aid, within 7 days, of the name and address of any new employer of
the noncustodial parent, whether the noncustodial parent has access
to health insurance coverage through the employer or other group
coverage and, if so, the policy name and number and the names of
persons covered under the policy.
(h) In any subsequent action to enforce an order for support
entered under this Act, upon sufficient showing that diligent effort
has been made to ascertain the location of the noncustodial parent,
service of process or provision of notice necessary in that action
may be made at the last known address of the noncustodial parent, in
any manner expressly provided by the Code of Civil Procedure or in
this Act, which service shall be sufficient for purposes of due
process.
(i) An order for support shall include a date on which the
current support obligation terminates. The termination date shall be
no earlier than the date on which the child covered by the order will
attain the age of majority or is otherwise emancipated. The order for
support shall state that the termination date does not apply to any
arrearage that may remain unpaid on that date. Nothing in this
HOUSE OF REPRESENTATIVES 5909
subsection shall be construed to prevent the court from modifying the
order.
Section 22. Withholding of income to secure payment of support.
An order for support entered or modified under this Act is subject to
the Income Withholding for Support Act.
Section 25. Payment of support to State Disbursement Unit; clerk
of the court.
(a) As used in this Section, "order for support", "obligor",
"obligee", and "payor" mean those terms as defined in the Income
Withholding for Support Act.
(b) Each order for support entered or modified under Section 20
of this Act shall require that support payments be made to the State
Disbursement Unit established under the Illinois Public Aid Code,
under the following circumstances:
(1) when a party to the order is receiving child and spouse
support services under Article X of the Illinois Public Aid Code;
or
(2) when no party to the order is receiving child and spouse
support services, but the support payments are made through
income withholding.
(c) When no party to the order is receiving child and spouse
support services, and payments are not being made through income
withholding, the court shall order the obligor to make support
payments to the clerk of the court.
(d) In the case of an order for support entered by the court
under this Act before a party commenced receipt of child and spouse
support services, upon receipt of these services by a party the
Illinois Department of Public Aid shall provide notice to the obligor
to send any support payments he or she makes personally to the State
Disbursement Unit until further direction of the Department. The
Department shall provide a copy of the notice to the obligee and to
the clerk of the court.
(e) If a State Disbursement Unit as specified by federal law has
not been created in Illinois upon the effective date of this Act,
then, until the creation of a State Disbursement Unit as specified by
federal law, the following provisions regarding payment and
disbursement of support payments shall control and the provisions in
subsections (a), (b), (c), and (d) shall be inoperative. Upon the
creation of a State Disbursement Unit as specified by federal law,
this subsection (e) shall be inoperative and the payment and
disbursement provisions of subsections (a), (b), (c), and (d) shall
control.
(1) In cases in which an order for support is entered under
Section 20 of this Act, the court shall order that maintenance
and support payments be made to the clerk of the court for
remittance to the person or agency entitled to receive the
payments. However, the court in its discretion may direct
otherwise where exceptional circumstances so warrant.
(2) The court shall direct that support payments be sent by
the clerk to (i) the Illinois Department of Public Aid if the
person in whose behalf payments are made is receiving aid under
Articles III, IV, or V of the Illinois Public Aid Code, or child
and spouse support services under Article X of the Code, or (ii)
to the local governmental unit responsible for the support of the
person if he or she is a recipient under Article VI of the Code.
In accordance with federal law and regulations, the Illinois
Department of Public Aid may continue to collect current
maintenance payments or child support payments, or both, after
those persons cease to receive public assistance and until
termination of services under Article X of the Illinois Public
Aid Code. The Illinois Department shall pay the net amount
5910 JOURNAL OF THE [May 26, 1999]
collected to those persons after deducting any costs incurred in
making the collection or any collection fee from the amount of
any recovery made. The order shall permit the Illinois
Department of Public Aid or the local governmental unit, as the
case may be, to direct that support payments be made directly to
the spouse, children, or both, or to some person or agency in
their behalf, upon removal of the spouse or children from the
public aid rolls or upon termination of services under Article X
of the Illinois Public Aid Code; and upon such direction, the
Illinois Department or the local governmental unit, as the case
requires, shall give notice of such action to the court in
writing or by electronic transmission.
(3) The clerk of the court shall establish and maintain
current records of all moneys received and disbursed and of
delinquencies and defaults in required payments. The court, by
order or rule, shall make provision for the carrying out of these
duties.
(4) Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to the
clerk of the court that a person who is receiving support
payments under this Section is receiving services under the Child
Support Enforcement Program established by Title IV-D of the
Social Security Act, any support payments subsequently received
by the clerk of the court shall be transmitted in accordance with
the instructions of the Illinois Department of Public Aid until
the Department gives notice to cease the transmittal. After
providing the notification authorized under this paragraph, the
Illinois Department of Public Aid shall be a party and entitled
to notice of any further proceedings in the case. The clerk of
the court shall file a copy of the Illinois Department of Public
Aid's notification in the court file. The failure of the clerk
to file a copy of the notification in the court file shall not,
however, affect the Illinois Department of Public Aid's rights as
a party or its right to receive notice of further proceedings.
(5) Payments under this Section to the Illinois Department
of Public Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
paid into the Child Support Enforcement Trust Fund. All other
payments under this Section to the Illinois Department of Public
Aid shall be deposited in the Public Assistance Recoveries Trust
Fund. Disbursements from these funds shall be as provided in the
Illinois Public Aid Code. Payments received by a local
governmental unit shall be deposited in that unit's General
Assistance Fund.
(6) For those cases in which child support is payable to the
clerk of the circuit court for transmittal to the Illinois
Department of Public Aid by order of court or upon notification
by the Illinois Department of Public Aid, the clerk shall
transmit all such payments, within 4 working days of receipt, to
insure that funds are available for immediate distribution by the
Department to the person or entity entitled thereto in accordance
with standards of the Child Support Enforcement Program
established under Title IV-D of the Social Security Act. The
clerk shall notify the Department of the date of receipt and
amount thereof at the time of transmittal. Where the clerk has
entered into an agreement of cooperation with the Department to
record the terms of child support orders and payments made
thereunder directly into the Department's automated data
processing system, the clerk shall account for, transmit and
otherwise distribute child support payments in accordance with
such agreement in lieu of the requirements contained herein.
HOUSE OF REPRESENTATIVES 5911
Section 30. Information to State Case Registry.
(a) When an order for support is entered or modified under
Section 20 of this Act, the clerk of the court shall, within 5
business days, provide to the State Case Registry established under
Section 10-27 of the Illinois Public Aid Code the court docket number
and county in which the order is entered or modified and the
following information, which the parents involved in the case shall
disclose to the court:
(1) the names of the custodial and noncustodial parents and
of the child or children covered by the order;
(2) the dates of birth of the custodial and noncustodial
parents and of the child or children covered by the order;
(3) the social security numbers of the custodial and
noncustodial parents and, if available, of the child or children
covered by the order;
(4) the residential and mailing address for the custodial
and noncustodial parents;
(5) the telephone numbers for the custodial and noncustodial
parents;
(6) the driver's license numbers for the custodial and
noncustodial parents; and
(7) the name, address, and telephone number of each parent's
employer or employers.
(b) When an order for support is entered or modified under
Section 20 in a case in which a party is receiving child and spouse
support services under Article X of the Illinois Public Aid Code, the
clerk shall provide the State Case Registry with the following
information within 5 business days:
(1) the information specified in subsection (a);
(2) the amount of monthly or other periodic support owed
under the order and other amounts, including arrearages,
interest, or late payment penalties and fees, due or overdue
under the order;
(3) any amounts described in subdivision (2) of this
subsection (b) that have been received by the clerk; and
(4) the distribution of the amounts received by the clerk.
(c) A party shall report to the clerk of the circuit court
changes in information required to be disclosed under this Section
within 5 business days of the change.
(d) To the extent that updated information is in the clerk's
possession, the clerk shall provide updates of the information
specified in subsection (b) within 5 business days after the Illinois
Department of Public Aid's request for that updated information.
Section 35. Fine; release of defendant on probation; violation of
order for support; forfeiture of recognizance.
(a) Whenever a fine is imposed it may be directed by the court to
be paid, in whole or in part, to the spouse, ex-spouse, or if the
support of a child or children is involved, to the custodial parent,
to the clerk, probation officer, or to the Illinois Department of
Public Aid if a recipient of child and spouse support services under
Article X of the Illinois Public Aid Code is involved as the case
requires, to be disbursed by such officers or agency under the terms
of the order.
(b) The court may also relieve the defendant from custody on
probation for the period fixed in the order or judgment upon his or
her entering into a recognizance, with or without surety, in the sum
as the court orders and approves. The condition of the recognizance
shall be such that if the defendant makes his or her personal
appearance in court whenever ordered to do so by the court, during
such period as may be so fixed, and further complies with the terms
of the order for support, or any subsequent modification of the
5912 JOURNAL OF THE [May 26, 1999]
order, then the recognizance shall be void; otherwise it will remain
in full force and effect.
(c) If the court is satisfied by testimony in open court, that at
any time during the period of one year the defendant has violated the
terms of the order for support, it may proceed with the trial of the
defendant under the original charge, or sentence him or her under the
original conviction, or enforce the suspended sentence, as the case
may be. In case of forfeiture of recognizance, and enforcement of
recognizance by execution, the sum so recovered may, in the
discretion of the court, be paid, in whole or in part, to the spouse,
ex-spouse, or if the support of a child or children is involved, to
the custodial parent, to the clerk, or to the Illinois Department of
Public Aid if a recipient of child and spouse support services under
Article X of the Illinois Public Aid Code is involved as the case
requires, to be disbursed by the clerk or the Department under the
terms of the order.
Section 40. Evidence. No other or greater evidence shall be
required to prove the marriage of a husband and wife, or that the
defendant is the father or mother of the child or children than is or
shall be required to prove that fact in a civil action.
Section 45. Husband or wife as competent witness. In no
prosecution under this Act shall any existing statute or rule of law
prohibiting the disclosure of confidential communications between
husband and wife apply. And both husband and wife shall be competent
witnesses to testify to any and all relevant matters, including the
fact of such marriage and of the parentage of such child or children,
provided that neither shall be compelled to give evidence
incriminating himself or herself.
Section 50. Community service; work alternative program.
(a) In addition to any other penalties imposed against an
offender under this Act, the court may order the offender to perform
community service for not less than 30 and not more than 120 hours
per month, if community service is available in the jurisdiction and
is funded and approved by the county board of the county where the
offense was committed. In addition, whenever any person is placed on
supervision for committing an offense under this Act, the supervision
shall be conditioned on the performance of the community service.
(b) In addition to any other penalties imposed against an
offender under this Act, the court may sentence the offender to
service in a work alternative program administered by the sheriff.
The conditions of the program are that the offender obtain or retain
employment and participate in a work alternative program administered
by the sheriff during non-working hours. A person may not be
required to participate in a work alternative program under this
subsection if the person is currently participating in a work program
pursuant to another provision of this Act, Section 10-11.1 of the
Illinois Public Aid Code, Section 505.1 of the Illinois Marriage and
Dissolution of Marriage Act, or Section 15.1 of the Illinois
Parentage Act of 1984.
(c) In addition to any other penalties imposed against an
offender under this Act, the court may order, in cases where the
offender has been in violation of this Act for 90 days or more, that
the offender's Illinois driving privileges be suspended until the
court determines that the offender is in compliance with this Act.
The court may determine that the offender is in compliance with
this Act if the offender has agreed (i) to pay all required amounts
of support and maintenance as determined by the court or (ii) to the
garnishment of his or her income for the purpose of paying those
amounts.
The court may also order that the offender be issued a family
financial responsibility driving permit that would allow limited
HOUSE OF REPRESENTATIVES 5913
driving privileges for employment and medical purposes in accordance
with Section 7-702.1 of the Illinois Vehicle Code. The clerk of the
circuit court shall certify the order suspending the driving
privileges of the offender or granting the issuance of a family
financial responsibility driving permit to the Secretary of State on
forms prescribed by the Secretary. Upon receipt of the authenticated
documents, the Secretary of State shall suspend the offender's
driving privileges until further order of the court and shall, if
ordered by the court, subject to the provisions of Section 7-702.1 of
the Illinois Vehicle Code, issue a family financial responsibility
driving permit to the offender.
(d) If the court determines that the offender has been in
violation of this Act for more than 60 days, the court may determine
whether the offender has applied for or been issued a professional
license by the Department of Professional Regulation or another
licensing agency. If the court determines that the offender has
applied for or been issued such a license, the court may certify to
the Department of Professional Regulation or other licensing agency
that the offender has been in violation of this Act for more than 60
days so that the Department or other agency may take appropriate
steps with respect to the license or application as provided in
Section 10-65 of the Illinois Administrative Procedure Act and
Section 60 of the Civil Administrative Code of Illinois. The court
may take the actions required under this subsection in addition to
imposing any other penalty authorized under this Act.
Section 55. Offenses; how construed. It is hereby expressly
declared that the offenses set forth in this Act shall be construed
to be continuing offenses.
Section 60. Unemployed persons owing duty of support.
(a) Whenever it is determined in a proceeding to establish or
enforce a child support or maintenance obligation that the person
owing a duty of support is unemployed, the court may order the person
to seek employment and report periodically to the court with a diary,
listing or other memorandum of his or her efforts in accordance with
such order. Additionally, the court may order the unemployed person
to report to the Department of Employment Security for job search
services or to make application with the local Jobs Training
Partnership Act provider for participation in job search, training,
or work programs and where the duty of support is owed to a child
receiving support services under Article X of the Illinois Public Aid
Code the court may order the unemployed person to report to the
Illinois Department of Public Aid for participation in job search,
training, or work programs established under Section 9-6 and Article
IXA of that Code.
(b) Whenever it is determined that a person owes past due support
for a child or for a child and the parent with whom the child is
living, and the child is receiving assistance under the Illinois
Public Aid Code, the court shall order at the request of the Illinois
Department of Public Aid:
(1) that the person pay the past-due support in accordance
with a plan approved by the court; or
(2) if the person owing past-due support is unemployed, is
subject to such a plan, and is not incapacitated, that the person
participate in such job search, training, or work programs
established under Section 9-6 and Article IXA of the Illinois
Public Aid Code as the court deems appropriate.
Section 65. Order of protection; status. Whenever relief sought
under this Act is based on allegations of domestic violence, as
defined in the Illinois Domestic Violence Act of 1986, the court,
before granting relief, shall determine whether any order of
protection has previously been entered in the instant proceeding or
5914 JOURNAL OF THE [May 26, 1999]
any other proceeding in which any party, or a child of any party, or
both, if relevant, has been designated as either a respondent or a
protected person.
Section 70. Severability. If any provision of this Act or its
application to any person or circumstance is held invalid, the
invalidity of that provision or application does not affect other
provisions or applications of this Act that can be given effect
without the invalid provision or application.
Section 905. The Illinois Administrative Procedure Act is
amended by changing Section 10-65 as follows:
(5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
Sec. 10-65. Licenses.
(a) When any licensing is required by law to be preceded by
notice and an opportunity for a hearing, the provisions of this Act
concerning contested cases shall apply.
(b) When a licensee has made timely and sufficient application
for the renewal of a license or a new license with reference to any
activity of a continuing nature, the existing license shall continue
in full force and effect until the final agency decision on the
application has been made unless a later date is fixed by order of a
reviewing court.
(c) An application for the renewal of a license or a new license
shall include the applicant's social security number. Each agency
shall require the licensee to certify on the application form, under
penalty of perjury, that he or she is not more than 30 days
delinquent in complying with a child support order. Every
application shall state that failure to so certify shall result in
disciplinary action, and that making a false statement may subject
the licensee to contempt of court. The agency shall notify each
applicant or licensee who acknowledges a delinquency or who, contrary
to his or her certification, is found to be delinquent or who after
receiving notice, fails to comply with a subpoena or warrant relating
to a paternity or a child support proceeding, that the agency intends
to take disciplinary action. Accordingly, the agency shall provide
written notice of the facts or conduct upon which the agency will
rely to support its proposed action and the applicant or licensee
shall be given an opportunity for a hearing in accordance with the
provisions of the Act concerning contested cases. Any delinquency in
complying with a child support order can be remedied by arranging for
payment of past due and current support. Any failure to comply with
a subpoena or warrant relating to a paternity or child support
proceeding can be remedied by complying with the subpoena or warrant.
Upon a final finding of delinquency or failure to comply with a
subpoena or warrant, the agency shall suspend, revoke, or refuse to
issue or renew the license. In cases in which the Department of
Public Aid has previously determined that an applicant or a licensee
is more than 30 days delinquent in the payment of child support and
has subsequently certified the delinquency to the licensing agency,
and in cases in which a court has previously determined that an
applicant or licensee has been in violation of the Non-Support
Punishment Act for more than 60 days, the licensing agency shall
refuse to issue or renew or shall revoke or suspend that person's
license based solely upon the certification of delinquency made by
the Department of Public Aid or the certification of violation made
by the court. Further process, hearings, or redetermination of the
delinquency or violation by the licensing agency shall not be
required. The licensing agency may issue or renew a license if the
licensee has arranged for payment of past and current child support
obligations in a manner satisfactory to the Department of Public Aid
or the court. The licensing agency may impose conditions,
restrictions, or disciplinary action upon that license.
HOUSE OF REPRESENTATIVES 5915
(d) Except as provided in subsection (c), no agency shall
revoke, suspend, annul, withdraw, amend materially, or refuse to
renew any valid license without first giving written notice to the
licensee of the facts or conduct upon which the agency will rely to
support its proposed action and an opportunity for a hearing in
accordance with the provisions of this Act concerning contested
cases. At the hearing, the licensee shall have the right to show
compliance with all lawful requirements for the retention,
continuation, or renewal of the license. If, however, the agency
finds that the public interest, safety, or welfare imperatively
requires emergency action, and if the agency incorporates a finding
to that effect in its order, summary suspension of a license may be
ordered pending proceedings for revocation or other action. Those
proceedings shall be promptly instituted and determined.
(e) Any application for renewal of a license that contains
required and relevant information, data, material, or circumstances
that were not contained in an application for the existing license
shall be subject to the provisions of subsection (a).
Section 910. The Civil Administrative Code of Illinois is
amended by changing Section 43a.14 as follows:
(20 ILCS 1005/43a.14)
Sec. 43a.14. Exchange of information for child support
enforcement.
(a) To exchange with the Illinois Department of Public Aid
information that may be necessary for the enforcement of child
support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate
Family Support Act, or the Illinois Parentage Act of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Department of Employment Security shall not be liable to any
person for any disclosure of information to the Illinois Department
of Public Aid under subsection (a) or for any other action taken in
good faith to comply with the requirements of subsection (a).
(Source: P.A. 90-18, eff. 7-1-97.)
Section 915. The Civil Administrative Code of Illinois is
amended by changing Section 60 as follows:
(20 ILCS 2105/60) (from Ch. 127, par. 60)
Sec. 60. Powers and duties. The Department of Professional
Regulation shall have, subject to the provisions of this Act, the
following powers and duties:
1. To authorize examinations in English to ascertain the
qualifications and fitness of applicants to exercise the profession,
trade, or occupation for which the examination is held.
2. To prescribe rules and regulations for a fair and wholly
impartial method of examination of candidates to exercise the
respective professions, trades, or occupations.
3. To pass upon the qualifications of applicants for licenses,
certificates, and authorities, whether by examination, by
reciprocity, or by endorsement.
4. To prescribe rules and regulations defining, for the
respective professions, trades, and occupations, what shall
constitute a school, college, or university, or department of a
university, or other institutions, reputable and in good standing and
to determine the reputability and good standing of a school, college,
or university, or department of a university, or other institution,
reputable and in good standing by reference to a compliance with such
rules and regulations: provided, that no school, college, or
university, or department of a university or other institution that
refuses admittance to applicants solely on account of race, color,
5916 JOURNAL OF THE [May 26, 1999]
creed, sex, or national origin shall be considered reputable and in
good standing.
5. To conduct hearings on proceedings to revoke, suspend, refuse
to renew, place on probationary status, or take other disciplinary
action as may be authorized in any licensing Act administered by the
Department with regard to licenses, certificates, or authorities of
persons exercising the respective professions, trades, or
occupations, and to revoke, suspend, refuse to renew, place on
probationary status, or take other disciplinary action as may be
authorized in any licensing Act administered by the Department with
regard to such licenses, certificates, or authorities. The
Department shall issue a monthly disciplinary report. The Department
shall deny any license or renewal authorized by this Act to any
person who has defaulted on an educational loan or scholarship
provided by or guaranteed by the Illinois Student Assistance
Commission or any governmental agency of this State; however, the
Department may issue a license or renewal if the aforementioned
persons have established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission or other
appropriate governmental agency of this State. Additionally,
beginning June 1, 1996, any license issued by the Department may be
suspended or revoked if the Department, after the opportunity for a
hearing under the appropriate licensing Act, finds that the licensee
has failed to make satisfactory repayment to the Illinois Student
Assistance Commission for a delinquent or defaulted loan. For the
purposes of this Section, "satisfactory repayment record" shall be
defined by rule. The Department shall refuse to issue or renew a
license to, or shall suspend or revoke a license of, any person who,
after receiving notice, fails to comply with a subpoena or warrant
relating to a paternity or child support proceeding. However, the
Department may issue a license or renewal upon compliance with the
subpoena or warrant.
The Department, without further process or hearings, shall
revoke, suspend, or deny any license or renewal authorized by this
Act to a person who is certified by the Illinois Department of Public
Aid as being more than 30 days delinquent in complying with a child
support order or who is certified by a court as being in violation of
the Non-Support of Punishment Act for more than 60 days; the
Department may, however, issue a license or renewal if the person has
established a satisfactory repayment record as determined by the
Illinois Department of Public Aid or if the person is determined by
the court to be in compliance with the Non-Support Punishment Act.
The Department may implement this paragraph as added by Public Act
89-6 through the use of emergency rules in accordance with Section
5-45 of the Illinois Administrative Procedure Act. For purposes of
the Illinois Administrative Procedure Act, the adoption of rules to
implement this paragraph shall be considered an emergency and
necessary for the public interest, safety, and welfare.
6. To transfer jurisdiction of any realty under the control of
the Department to any other Department of the State Government, or to
acquire or accept Federal lands, when such transfer, acquisition or
acceptance is advantageous to the State and is approved in writing by
the Governor.
7. To formulate rules and regulations as may be necessary for
the enforcement of any act administered by the Department.
8. To exchange with the Illinois Department of Public Aid
information that may be necessary for the enforcement of child
support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate
HOUSE OF REPRESENTATIVES 5917
Family Support Act, or the Illinois Parentage Act of 1984.
Notwithstanding any provisions in this Code to the contrary, the
Department of Professional Regulation shall not be liable under any
federal or State law to any person for any disclosure of information
to the Illinois Department of Public Aid under this paragraph 8 or
for any other action taken in good faith to comply with the
requirements of this paragraph 8.
9. To perform such other duties as may be prescribed by law.
The Department may, when a fee is payable to the Department for a
wall certificate of registration provided by the Department of
Central Management Services, require that portion of the payment for
printing and distribution costs be made directly or through the
Department, to the Department of Central Management Services for
deposit in the Paper and Printing Revolving Fund, the remainder shall
be deposited in the General Revenue Fund.
For the purpose of securing and preparing evidence, and for the
purchase of controlled substances, professional services, and
equipment necessary for enforcement activities, recoupment of
investigative costs and other activities directed at suppressing the
misuse and abuse of controlled substances, including those activities
set forth in Sections 504 and 508 of the Illinois Controlled
Substances Act, the Director and agents appointed and authorized by
the Director may expend such sums from the Professional Regulation
Evidence Fund as the Director deems necessary from the amounts
appropriated for that purpose and such sums may be advanced to the
agent when the Director deems such procedure to be in the public
interest. Sums for the purchase of controlled substances,
professional services, and equipment necessary for enforcement
activities and other activities as set forth in this Section shall be
advanced to the agent who is to make such purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and such agents are authorized to maintain
one or more commercial checking accounts with any State banking
corporation or corporations organized under or subject to the
Illinois Banking Act for the deposit and withdrawal of moneys to be
used for the purposes set forth in this Section; provided, that no
check may be written nor any withdrawal made from any such account
except upon the written signatures of 2 persons designated by the
Director to write such checks and make such withdrawals. Vouchers
for such expenditures must be signed by the Director and all such
expenditures shall be audited by the Director and the audit shall be
submitted to the Department of Central Management Services for
approval.
Whenever the Department is authorized or required by law to
consider some aspect of criminal history record information for the
purpose of carrying out its statutory powers and responsibilities,
then, upon request and payment of fees in conformance with the
requirements of subsection 22 of Section 55a of the Civil
Administrative Code of Illinois, the Department of State Police is
authorized to furnish, pursuant to positive identification, such
information contained in State files as is necessary to fulfill the
request.
The provisions of this Section do not apply to private business
and vocational schools as defined by Section 1 of the Private
Business and Vocational Schools Act.
Beginning July 1, 1995, this Section does not apply to those
professions, trades, and occupations licensed under the Real Estate
License Act of 1983 nor does it apply to any permits, certificates,
or other authorizations to do business provided for in the Land Sales
Registration Act of 1989 or the Illinois Real Estate Time-Share Act.
(Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237, eff.
5918 JOURNAL OF THE [May 26, 1999]
8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18, eff.
7-1-97.)
Section 920. The Civil Administrative Code of Illinois is
amended by changing Section 39b12 as follows:
(20 ILCS 2505/39b12) (from Ch. 127, par. 39b12)
Sec. 39b12. Exchange of information.
(a) To exchange with any State, or local subdivisions thereof,
or with the federal government, except when specifically prohibited
by law, any information which may be necessary to efficient tax
administration and which may be acquired as a result of the
administration of the above laws.
(b) To exchange with the Illinois Department of Public Aid
information that may be necessary for the enforcement of child
support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate
Family Support Act, or the Illinois Parentage Act of 1984.
Notwithstanding any provisions in this Code to the contrary, the
Department of Revenue shall not be liable to any person for any
disclosure of information to the Illinois Department of Public Aid
under this subsection (b) or for any other action taken in good faith
to comply with the requirements of this subsection (b).
(Source: P.A. 90-18, eff. 7-1-97.)
Section 925. The Counties Code is amended by changing Section
3-5036.5 as follows:
(55 ILCS 5/3-5036.5)
Sec. 3-5036.5. Exchange of information for child support
enforcement.
(a) The Recorder shall exchange with the Illinois Department of
Public Aid information that may be necessary for the enforcement of
child support orders entered pursuant to the Illinois Public Aid
Code, the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois Parentage Act
of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Recorder shall not be liable to any person for any disclosure of
information to the Illinois Department of Public Aid under subsection
(a) or for any other action taken in good faith to comply with the
requirements of subsection (a).
(Source: P.A. 90-18, eff. 7-1-97.)
Section 930. The Collection Agency Act is amended by changing
Section 2.04 as follows:
(225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
Sec. 2.04. Child support indebtedness.
(a) Persons, associations, partnerships, or corporations engaged
in the business of collecting child support indebtedness owing under
a court order as provided under the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Illinois
Parentage Act of 1984, or similar laws of other states are not
restricted (i) in the frequency of contact with an obligor who is in
arrears, whether by phone, mail, or other means, (ii) from contacting
the employer of an obligor who is in arrears, (iii) from publishing
or threatening to publish a list of obligors in arrears, (iv) from
disclosing or threatening to disclose an arrearage that the obligor
disputes, but for which a verified notice of delinquency has been
served under the Income Withholding for Support Act (or any of its
predecessors, Section 10-16.2 of the Illinois Public Aid Code,
HOUSE OF REPRESENTATIVES 5919
Section 706.1 of the Illinois Marriage and Dissolution of Marriage
Act, Section 4.1 of the Non-Support of Spouse and Children Act,
Section 26.1 of the Revised Uniform Reciprocal Enforcement of Support
Act, or Section 20 of the Illinois Parentage Act of 1984), or (v)
from engaging in conduct that would not cause a reasonable person
mental or physical illness. For purposes of this subsection,
"obligor" means an individual who owes a duty to make periodic
payments, under a court order, for the support of a child.
"Arrearage" means the total amount of an obligor's unpaid child
support obligations.
(b) The Department shall adopt rules necessary to administer and
enforce the provisions of this Section.
(Source: P.A. 90-673, eff. 1-1-99.)
Section 935. The Illinois Public Aid Code is amended by changing
Sections 10-3.1, 10-17, 10-19, 10-25, 10-25.5, and 12-4.7c as
follows:
(305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
Sec. 10-3.1. Child and Spouse Support Unit. The Illinois
Department shall establish within its administrative staff a Child
and Spouse Support Unit to search for and locate absent parents and
spouses liable for the support of persons resident in this State and
to exercise the support enforcement powers and responsibilities
assigned the Department by this Article. The unit shall cooperate
with all law enforcement officials in this State and with the
authorities of other States in locating persons responsible for the
support of persons resident in other States and shall invite the
cooperation of these authorities in the performance of its duties.
In addition to other duties assigned the Child and Spouse Support
Unit by this Article, the Unit may refer to the Attorney General or
units of local government with the approval of the Attorney General,
any actions under Sections 10-10 and 10-15 for judicial enforcement
of the support liability. The Child and Spouse Support Unit shall
act for the Department in referring to the Attorney General support
matters requiring judicial enforcement under other laws. If
requested by the Attorney General to so act, as provided in Section
12-16, attorneys of the Unit may assist the Attorney General or
themselves institute actions in behalf of the Illinois Department
under the Revised Uniform Reciprocal Enforcement of Support Act;
under the Illinois Parentage Act of 1984; under the Non-Support of
Spouse and Children Act; under the Non-Support Punishment Act; or
under any other law, State or Federal, providing for support of a
spouse or dependent child.
The Illinois Department shall also have the authority to enter
into agreements with local governmental units or individuals, with
the approval of the Attorney General, for the collection of moneys
owing because of the failure of a parent to make child support
payments for any child receiving services under this Article. Such
agreements may be on a contingent fee basis, but such contingent fee
shall not exceed 25% of the total amount collected.
An attorney who provides representation pursuant to this Section
shall represent the Illinois Department exclusively. Regardless of
the designation of the plaintiff in an action brought pursuant to
this Section, an attorney-client relationship does not exist for
purposes of that action between that attorney and (i) an applicant
for or recipient of child and spouse support services or (ii) any
other party to the action other than the Illinois Department.
Nothing in this Section shall be construed to modify any power or
duty (including a duty to maintain confidentiality) of the Child and
Spouse Support Unit or the Illinois Department otherwise provided by
law.
The Illinois Department may also enter into agreements with local
5920 JOURNAL OF THE [May 26, 1999]
governmental units for the Child and Spouse Support Unit to exercise
the investigative and enforcement powers designated in this Article,
including the issuance of administrative orders under Section 10-11,
in locating responsible relatives and obtaining support for persons
applying for or receiving aid under Article VI. Payments for
defrayment of administrative costs and support payments obtained
shall be deposited into the Public Assistance Recoveries Trust Fund.
Support payments shall be paid over to the General Assistance Fund of
the local governmental unit at such time or times as the agreement
may specify.
With respect to those cases in which it has support enforcement
powers and responsibilities under this Article, the Illinois
Department may provide by rule for periodic or other review of each
administrative and court order for support to determine whether a
modification of the order should be sought. The Illinois Department
shall provide for and conduct such review in accordance with any
applicable federal law and regulation.
As part of its process for review of orders for support, the
Illinois Department, through written notice, may require the
responsible relative to disclose his or her Social Security Number
and past and present information concerning the relative's address,
employment, gross wages, deductions from gross wages, net wages,
bonuses, commissions, number of dependent exemptions claimed,
individual and dependent health insurance coverage, and any other
information necessary to determine the relative's ability to provide
support in a case receiving child and spouse support services under
this Article X.
The Illinois Department may send a written request for the same
information to the relative's employer. The employer shall respond
to the request for information within 15 days after the date the
employer receives the request. If the employer willfully fails to
fully respond within the 15-day period, the employer shall pay a
penalty of $100 for each day that the response is not provided to the
Illinois Department after the 15-day period has expired. The penalty
may be collected in a civil action which may be brought against the
employer in favor of the Illinois Department.
A written request for information sent to an employer pursuant to
this Section shall consist of (i) a citation of this Section as the
statutory authority for the request and for the employer's obligation
to provide the requested information, (ii) a returnable form setting
forth the employer's name and address and listing the name of the
employee with respect to whom information is requested, and (iii) a
citation of this Section as the statutory authority authorizing the
employer to withhold a fee of up to $20 from the wages or income to
be paid to each responsible relative for providing the information to
the Illinois Department within the 15-day period. If the employer is
withholding support payments from the responsible relative's income
pursuant to an order for withholding, the employer may withhold the
fee provided for in this Section only after withholding support as
required under the order. Any amounts withheld from the responsible
relative's income for payment of support and the fee provided for in
this Section shall not be in excess of the amounts permitted under
the federal Consumer Credit Protection Act.
In a case receiving child and spouse support services, the
Illinois Department may request and obtain information from a
particular employer under this Section no more than once in any
12-month period, unless the information is necessary to conduct a
review of a court or administrative order for support at the request
of the person receiving child and spouse support services.
The Illinois Department shall establish and maintain an
administrative unit to receive and transmit to the Child and Spouse
HOUSE OF REPRESENTATIVES 5921
Support Unit information supplied by persons applying for or
receiving child and spouse support services under Section 10-1. In
addition, the Illinois Department shall address and respond to any
alleged deficiencies that persons receiving or applying for services
from the Child and Spouse Support Unit may identify concerning the
Child and Spouse Support Unit's provision of child and spouse support
services. Within 60 days after an action or failure to act by the
Child and Spouse Support Unit that affects his or her case, a
recipient of or applicant for child and spouse support services under
Article X of this Code may request an explanation of the Unit's
handling of the case. At the requestor's option, the explanation may
be provided either orally in an interview, in writing, or both. If
the Illinois Department fails to respond to the request for an
explanation or fails to respond in a manner satisfactory to the
applicant or recipient within 30 days from the date of the request
for an explanation, the applicant or recipient may request a
conference for further review of the matter by the Office of the
Administrator of the Child and Spouse Support Unit. A request for a
conference may be submitted at any time within 60 days after the
explanation has been provided by the Child and Spouse Support Unit or
within 60 days after the time for providing the explanation has
expired.
The applicant or recipient may request a conference concerning
any decision denying or terminating child or spouse support services
under Article X of this Code, and the applicant or recipient may also
request a conference concerning the Unit's failure to provide
services or the provision of services in an amount or manner that is
considered inadequate. For purposes of this Section, the Child and
Spouse Support Unit includes all local governmental units or
individuals with whom the Illinois Department has contracted under
Section 10-3.1.
Upon receipt of a timely request for a conference, the Office of
the Administrator shall review the case. The applicant or recipient
requesting the conference shall be entitled, at his or her option, to
appear in person or to participate in the conference by telephone.
The applicant or recipient requesting the conference shall be
entitled to be represented and to be afforded a reasonable
opportunity to review the Illinois Department's file before or at the
conference. At the conference, the applicant or recipient requesting
the conference shall be afforded an opportunity to present all
relevant matters in support of his or her claim. Conferences shall
be without cost to the applicant or recipient requesting the
conference and shall be conducted by a representative of the Child or
Spouse Support Unit who did not participate in the action or inaction
being reviewed.
The Office of the Administrator shall conduct a conference and
inform all interested parties, in writing, of the results of the
conference within 60 days from the date of filing of the request for
a conference.
In addition to its other powers and responsibilities established
by this Article, the Child and Spouse Support Unit shall conduct an
annual assessment of each institution's program for institution based
paternity establishment under Section 12 of the Vital Records Act.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-17) (from Ch. 23, par. 10-17)
Sec. 10-17. Other Actions and Remedies for Support.) The
procedures, actions and remedies provided in this Article shall in no
way be exclusive, but shall be available in addition to other actions
and remedies of support, including, but not by way of limitation, the
remedies provided in (a) the "Paternity Act", approved July 5, 1957,
as amended; (b) the "Non-Support of Spouse and Children Act",
5922 JOURNAL OF THE [May 26, 1999]
approved June 24, 1915, as amended; (b-5) the Non-Support Punishment
Act; and (c) the "Revised Uniform Reciprocal Enforcement of Support
Act", approved August 28, 1969, as amended.
(Source: P.A. 79-474.)
(305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
Sec. 10-19. (Support Payments Ordered Under Other Laws - Where
Deposited.) The Illinois Department and local governmental units are
authorized to receive payments directed by court order for the
support of recipients, as provided in the following Acts:
1. "Non-Support of Spouse and Children Act", approved June 24,
1915, as amended,
1.5. The Non-Support Punishment Act,
2. "Illinois Marriage and Dissolution of Marriage Act", as now
or hereafter amended,
3. The Illinois Parentage Act, as amended,
4. "Revised Uniform Reciprocal Enforcement of Support Act",
approved August 28, 1969, as amended,
5. The Juvenile Court Act or the Juvenile Court Act of 1987, as
amended,
6. The "Unified Code of Corrections", approved July 26, 1972, as
amended,
7. Part 7 of Article XII of the Code of Civil Procedure, as
amended,
8. Part 8 of Article XII of the Code of Civil Procedure, as
amended, and
9. Other laws which may provide by judicial order for direct
payment of support moneys.
Payments under this Section to the Illinois Department pursuant
to the Child Support Enforcement Program established by Title IV-D of
the Social Security Act shall be paid into the Child Support
Enforcement Trust Fund. All other payments under this Section to the
Illinois Department shall be deposited in the Public Assistance
Recoveries Trust Fund. Disbursements from these funds shall be as
provided in Sections 12-9 and 12-10.2 of this Code. Payments received
by a local governmental unit shall be deposited in that unit's
General Assistance Fund.
(Source: P.A. 86-1028.)
(305 ILCS 5/10-25)
Sec. 10-25. Administrative liens and levies on real property for
past-due child support.
(a) The State shall have a lien on all legal and equitable
interests of responsible relatives in their real property in the
amount of past-due child support owing pursuant to an order for child
support entered under Sections 10-10 and 10-11 of this Code, or under
the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984.
(b) The Illinois Department shall provide by rule for notice to
and an opportunity to be heard by each responsible relative affected,
and any final administrative decision rendered by the Illinois
Department shall be reviewed only under and in accordance with the
Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this Section,
the Illinois Department shall have the authority to execute notices
of administrative liens and levies, which shall contain the name and
address of the responsible relative, a legal description of the real
property to be levied, the fact that a lien is being claimed for
past-due child support, and such other information as the Illinois
Department may by rule prescribe. The Illinois Department shall
record the notice of lien with the recorder or registrar of titles of
HOUSE OF REPRESENTATIVES 5923
the county or counties in which the real estate is located.
(d) The State's lien under subsection (a) shall be enforceable
upon the recording or filing of a notice of lien with the recorder or
registrar of titles of the county or counties in which the real
estate is located. The lien shall be prior to any lien thereafter
recorded or filed and shall be notice to a subsequent purchaser,
assignor, or encumbrancer of the existence and nature of the lien.
The lien shall be inferior to the lien of general taxes, special
assessment, and special taxes heretofore or hereafter levied by any
political subdivision or municipal corporation of the State.
In the event that title to the land to be affected by the notice
of lien is registered under the Registered Titles (Torrens) Act, the
notice shall be filed in the office of the registrar of titles as a
memorial or charge upon each folium of the register of titles
affected by the notice; but the State shall not have a preference
over the rights of any bona fide purchaser, mortgagee, judgment
creditor, or other lien holders registered prior to the registration
of the notice.
(e) The recorder or registrar of titles of each county shall
procure a file labeled "Child Support Lien Notices" and an index book
labeled "Child Support Lien Notices". When notice of any lien is
presented to the recorder or registrar of titles for filing, the
recorder or registrar of titles shall file it in numerical order in
the file and shall enter it alphabetically in the index. The entry
shall show the name and last known address of the person named in the
notice, the serial number of the notice, the date and hour of filing,
and the amount of child support due at the time when the lien is
filed.
(f) The Illinois Department shall not be required to furnish
bond or make a deposit for or pay any costs or fees of any court or
officer thereof in any legal proceeding involving the lien.
(g) To protect the lien of the State for past-due child support,
the Illinois Department may, from funds that are available for that
purpose, pay or provide for the payment of necessary or essential
repairs, purchase tax certificates, pay balances due on land
contracts, or pay or cause to be satisfied any prior liens on the
property to which the lien hereunder applies.
(h) A lien on real property under this Section shall be released
pursuant to Section 12-101 of the Code of Civil Procedure.
(i) The Illinois Department, acting in behalf of the State, may
foreclose the lien in a judicial proceeding to the same extent and in
the same manner as in the enforcement of other liens. The process,
practice, and procedure for the foreclosure shall be the same as
provided in the Code of Civil Procedure.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-25.5)
Sec. 10-25.5. Administrative liens and levies on personal
property for past-due child support.
(a) The State shall have a lien on all legal and equitable
interests of responsible relatives in their personal property,
including any account in a financial institution as defined in
Section 10-24, or in the case of an insurance company or benefit
association only in accounts as defined in Section 10-24, in the
amount of past-due child support owing pursuant to an order for child
support entered under Sections 10-10 and 10-11 of this Code, or under
the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984.
(b) The Illinois Department shall provide by rule for notice to
and an opportunity to be heard by each responsible relative affected,
5924 JOURNAL OF THE [May 26, 1999]
and any final administrative decision rendered by the Illinois
Department shall be reviewed only under and in accordance with the
Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this Section,
the Illinois Department shall have the authority to execute notices
of administrative liens and levies, which shall contain the name and
address of the responsible relative, a description of the property to
be levied, the fact that a lien is being claimed for past-due child
support, and such other information as the Illinois Department may by
rule prescribe. The Illinois Department may serve the notice of lien
or levy upon any financial institution where the accounts as defined
in Section 10-24 of the responsible relative may be held, for
encumbrance or surrender of the accounts as defined in Section 10-24
by the financial institution.
(d) The Illinois Department shall enforce its lien against the
responsible relative's personal property, other than accounts as
defined in Section 10-24 in financial institutions, and levy upon
such personal property in the manner provided for enforcement of
judgments contained in Article XII of the Code of Civil Procedure.
(e) The Illinois Department shall not be required to furnish
bond or make a deposit for or pay any costs or fees of any court or
officer thereof in any legal proceeding involving the lien.
(f) To protect the lien of the State for past-due child support,
the Illinois Department may, from funds that are available for that
purpose, pay or provide for the payment of necessary or essential
repairs, purchase tax certificates, or pay or cause to be satisfied
any prior liens on the property to which the lien hereunder applies.
(g) A lien on personal property under this Section shall be
released in the manner provided under Article XII of the Code of
Civil Procedure. Notwithstanding the foregoing, a lien under this
Section on accounts as defined in Section 10-24 shall expire upon the
passage of 120 days from the date of issuance of the Notice of Lien
or Levy by the Illinois Department. However, the lien shall remain
in effect during the pendency of any appeal or protest.
(h) A lien created under this Section is subordinate to any
prior lien of the financial institution or any prior lien holder or
any prior right of set-off that the financial institution may have
against the assets, or in the case of an insurance company or benefit
association only in the accounts as defined in Section 10-24.
(i) A financial institution has no obligation under this Section
to hold, encumber, or surrender the assets, or in the case of an
insurance company or benefit association only the accounts as defined
in Section 10-24, until the financial institution has been properly
served with a subpoena, summons, warrant, court or administrative
order, or administrative lien and levy requiring that action.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/12-4.7c)
Sec. 12-4.7c. Exchange of information after July 1, 1997.
(a) The Department of Human Services shall exchange with the
Illinois Department of Public Aid information that may be necessary
for the enforcement of child support orders entered pursuant to
Sections 10-10 and 10-11 of this Code or pursuant to the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of Spouse
and Children Act, the Non-Support Punishment Act, the Revised Uniform
Reciprocal Enforcement of Support Act, the Uniform Interstate Family
Support Act, or the Illinois Parentage Act of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Department of Human Services shall not be liable to any person
for any disclosure of information to the Illinois Department of
Public Aid under subsection (a) or for any other action taken in good
faith to comply with the requirements of subsection (a).
HOUSE OF REPRESENTATIVES 5925
(Source: P.A. 90-18, eff. 7-1-97.)
Section 940. The Vital Records Act is amended by changing
Section 24 as follows:
(410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
Sec. 24. (1) To protect the integrity of vital records, to
insure their proper use, and to insure the efficient and proper
administration of the vital records system, access to vital records,
and indexes thereof, including vital records in the custody of local
registrars and county clerks originating prior to January 1, 1916, is
limited to the custodian and his employees, and then only for
administrative purposes, except that the indexes of those records in
the custody of local registrars and county clerks, originating prior
to January 1, 1916, shall be made available to persons for the
purpose of genealogical research. Original, photographic or
microphotographic reproductions of original records of births 100
years old and older and deaths 50 years old and older, and marriage
records 75 years old and older on file in the State Office of Vital
Records and in the custody of the county clerks may be made available
for inspection in the Illinois State Archives reference area,
Illinois Regional Archives Depositories, and other libraries approved
by the Illinois State Registrar and the Director of the Illinois
State Archives, provided that the photographic or microphotographic
copies are made at no cost to the county or to the State of Illinois.
It is unlawful for any custodian to permit inspection of, or to
disclose information contained in, vital records, or to copy or
permit to be copied, all or part of any such record except as
authorized by this Act or regulations adopted pursuant thereto.
(2) The State Registrar of Vital Records, or his agent, and any
municipal, county, multi-county, public health district, or regional
health officer recognized by the Department may examine vital records
for the purpose only of carrying out the public health programs and
responsibilities under his jurisdiction.
(3) The State Registrar of Vital Records, may disclose, or
authorize the disclosure of, data contained in the vital records when
deemed essential for bona fide research purposes which are not for
private gain.
This amendatory Act of 1973 does not apply to any home rule unit.
(4) The State Registrar shall exchange with the Illinois
Department of Public Aid information that may be necessary for the
establishment of paternity and the establishment, modification, and
enforcement of child support orders entered pursuant to the Illinois
Public Aid Code, the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the Non-Support
Punishment Act, the Revised Uniform Reciprocal Enforcement of Support
Act, the Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984. Notwithstanding any provisions in this Act to
the contrary, the State Registrar shall not be liable to any person
for any disclosure of information to the Illinois Department of
Public Aid under this subsection or for any other action taken in
good faith to comply with the requirements of this subsection.
(Source: P.A. 90-18, eff. 7-1-97.)
Section 945. The Illinois Vehicle Code is amended by changing
Sections 2-109.1, 7-701, 7-702, 7-702.1, and 7-703 and by adding
Sections 7-702.2, 7-705.1 and 7-706.1 as follows:
(625 ILCS 5/2-109.1)
Sec. 2-109.1. Exchange of information.
(a) The Secretary of State shall exchange information with the
Illinois Department of Public Aid which may be necessary for the
establishment of paternity and the establishment, modification, and
enforcement of child support orders pursuant to the Illinois Public
Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the
5926 JOURNAL OF THE [May 26, 1999]
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois Parentage Act
of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Secretary of State shall not be liable to any person for any
disclosure of information to the Illinois Department of Public Aid
under subsection (a) or for any other action taken in good faith to
comply with the requirements of subsection (a).
(Source: P.A. 90-18, eff. 7-1-97.)
(625 ILCS 5/7-701)
Sec. 7-701. Findings and purpose. The General Assembly finds
that the timely receipt of adequate financial support has the effect
of reducing poverty and State expenditures for welfare dependency
among children, and that the timely payment of adequate child support
demonstrates financial responsibility. Further, the General Assembly
finds that the State has a compelling interest in ensuring that
drivers within the State demonstrate financial responsibility,
including family financial responsibility, in order to safely own and
operate a motor vehicle. To this end, the Secretary of State is
authorized to establish systems a system to suspend driver's licenses
for failure to comply with court orders of support.
(Source: P.A. 89-92, eff. 7-1-96.)
(625 ILCS 5/7-702)
Sec. 7-702. Suspension of driver's license for failure to pay
child support.
(a) The Secretary of State shall suspend the driver's license
issued to an obligor upon receiving an authenticated report provided
for in subsection (a) of Section 7-703, that the person is 90 days or
more delinquent in court ordered child support payments or has been
adjudicated in arrears in an amount equal to 90 days obligation or
more, and has been found in contempt by the court for failure to pay
the support.
(b) The Secretary of State shall suspend the driver's license
issued to an obligor upon receiving an authenticated document
provided for in Subsection (b) of Section 7-703, that the person has
been adjudicated in arrears in court ordered child support payments
in an amount equal to 90 days obligation or more, but has not been
held in contempt of court, and that the court has ordered that the
person's driving privileges be suspended. The obligor's driver's
license shall be suspended until such time as the Secretary of State
receives authenticated documentation that the obligor is in
compliance with the court order of support. When the obligor
complies with the court ordered child support payments, the circuit
court shall report the obligor's compliance with the court order of
support to the Secretary of State, on a form prescribed by the
Secretary of State, and shall order that the obligor's driver's
license be reinstated.
(Source: P.A. 89-92, eff. 7-1-96.)
(625 ILCS 5/7-702.1)
Sec. 7-702.1. Family financial responsibility driving permits.
Following the entry of an order that an obligor has been found in
contempt by the court for failure to pay court ordered child support
payments or upon a motion by the obligor who is subject to having his
or her driver's license suspended pursuant to subsection (b) of
Section 7-703, the court may enter an order directing the Secretary
of State to issue a family financial responsibility driving permit
for the purpose of providing the obligor the privilege of operating a
motor vehicle between the obligor's residence and place of
employment, or within the scope of employment related duties; or for
the purpose of providing transportation for the obligor or a
HOUSE OF REPRESENTATIVES 5927
household member to receive alcohol treatment, other drug treatment,
or medical care. The court may enter an order directing the issuance
of a permit only if the obligor has proven to the satisfaction of the
court that no alternative means of transportation are reasonably
available for the above stated purposes. No permit shall be issued
to a person under the age of 16 years who possesses an instruction
permit.
Upon entry of an order granting the issuance of a permit to an
obligor, the court shall report this finding to the Secretary of
State on a form prescribed by the Secretary. This form shall state
whether the permit has been granted for employment or medical
purposes and the specific days and hours for which limited driving
privileges have been granted.
The family financial responsibility driving permit shall be
subject to cancellation, invalidation, suspension, and revocation by
the Secretary of State in the same manner and for the same reasons as
a driver's license may be cancelled, invalidated, suspended, or
revoked.
The Secretary of State shall, upon receipt of a certified court
order from the court of jurisdiction, issue a family financial
responsibility driving permit. In order for this permit to be issued,
an individual's driving privileges must be valid except for the
family financial responsibility suspension. This permit shall be
valid only for employment and medical purposes as set forth above.
The permit shall state the days and hours for which limited driving
privileges have been granted.
Any submitted court order that contains insufficient data or
fails to comply with any provision of this Code shall not be used for
issuance of the permit or entered to the individual's driving record
but shall be returned to the court of jurisdiction indicating why the
permit cannot be issued at that time. The Secretary of State shall
also send notice of the return of the court order to the individual
requesting the permit.
(Source: P.A. 89-92, eff. 7-1-96; 90-369, eff. 1-1-98.)
(625 ILCS 5/7-702.2 new)
Sec. 7-702.2. Written agreement to pay past-due support.
(a) An obligor who is presently unable to pay all past-due
support and is subject to having his or her license suspended
pursuant to subsection (b) of Section 7-703 may come into compliance
with the court order for support by executing a written payment
agreement that is approved by the court and by complying with that
agreement. A condition of a written payment agreement must be that
the obligor pay the current child support when due. Before a written
payment agreement is executed, the obligor shall:
(1) Disclose fully to the court in writing, on a form
prescribed by the court, the obligor's financial circumstances,
including income from all sources, assets, liabilities, and work
history for the past year; and
(2) Provide documentation to the court concerning the
obligor's financial circumstances, including copies of the most
recent State and federal income tax returns, both personal and
business; a copy of a recent pay stub representative of current
income; and copies of other records that show the obligor's
income and the present level of assets held by the obligor.
(b) After full disclosure, the court may determine the obligor's
ability to pay past-due support and may approve a written payment
agreement consistent with the obligor's ability to pay, not to exceed
the court-ordered support.
(625 ILCS 5/7-703)
Sec. 7-703. Courts to report non-payment of court ordered
support.
5928 JOURNAL OF THE [May 26, 1999]
(a) The clerk of the circuit court, as provided in subsection
(b) of Section 505 of the Illinois Marriage and Dissolution of
Marriage Act or as provided in Section 15 of the Illinois Parentage
Act of 1984, shall forward to the Secretary of State, on a form
prescribed by the Secretary, an authenticated document certifying the
court's order suspending the driving privileges of the obligor. For
any such certification, the clerk of the court shall charge the
obligor a fee of $5 as provided in the Clerks of Courts Act.
(b) If an obligor has been adjudicated in arrears in court
ordered child support payments in an amount equal to 90 days
obligation or more but has not been held in contempt of court, the
circuit court may order that the obligor's driving privileges be
suspended. If the circuit court orders that the obligor's driving
privileges be suspended, it shall forward to the Secretary of State,
on a form prescribed by the Secretary, an authenticated document
certifying the court's order suspending the driving privileges of the
obligor. The authenticated document shall be forwarded to the
Secretary of State by the court no later than 45 days after entry of
the order suspending the obligor's driving privileges.
(Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
(625 ILCS 5/7-705.1 new)
Sec. 7-705.1. Notice of noncompliance with support order.
Before forwarding to the Secretary of State the authenticated
document under subsection (b) of Section 7-703, the circuit court
must serve notice upon the obligor of its intention to suspend the
obligor's driver's license for being adjudicated in arrears in court
ordered child support payments in an amount equal to 90 days
obligation. The notice must inform the obligor that:
(a) If the obligor is presently unable to pay all past-due
support, the obligor may come into compliance with the support order
by executing a written payment agreement with the court, as provided
in Section 7-702.2, and by complying with that agreement;
(b) The obligor may contest the issue of compliance at a
hearing;
(c) A request for a hearing must be made in writing and must be
received by the clerk of the circuit court;
(d) If the obligor does not request a hearing to contest the
issue of compliance within 45 days after the notice of noncompliance
is mailed, the court may order that the obligor's driver's license be
suspended as provided for in subsection (b) of Section 7-703:
(e) If the circuit court certifies the obligor to the Secretary
of State for noncompliance with an order of support, the Secretary of
State must suspend any driver's license or instruction permit the
obligor holds and the obligor's right to apply for or obtain a
driver's license or instruction permit until the obligor comes into
compliance with the order of support;
(f) If the obligor files a motion to modify support with the
court or requests the court to modify a support obligation, the
circuit court shall stay action to certify the obligor to the
Secretary of State for noncompliance with an order of support; and
(g) The obligor may comply with an order of support by doing all
of the following:
(1) Paying the current support;
(2) Paying all past-due support or, if unable to pay all
past-due support and a periodic payment for past due support has
not been ordered by the court, by making periodic payments in
accordance with a written payment agreement approved by the
court; and
(3) Meeting the obligor's health insurance obligation.
The notice must include the address and telephone number of the
clerk of the circuit court. The clerk of the circuit court shall
HOUSE OF REPRESENTATIVES 5929
attach a copy of the obligor's order of support to the notice. The
notice must be served by certified mail, return receipt requested, by
service in hand, or as specified in the Code of Civil Procedure.
(625 ILCS 5/7-706.1 new)
Sec. 7-706.1. Hearing for compliance with support order.
(a) An obligor may request in writing to the clerk of the
circuit court a hearing to contest the claim of noncompliance with an
order of support and his or her subsequent driver's license
suspension under subsection (b) of Section 7-702.
(b) If a written request for a hearing is received by the clerk
of the circuit court, the clerk of the circuit court shall set the
hearing before the circuit court.
(c) Upon the obligor's written request, the court must set a
date for a hearing and afford the obligor an opportunity for a
hearing as early as practical.
(d) The scope of this hearing is limited to the following
issues:
(1) Whether the obligor is required to pay child support
under an order of support.
(2) Whether the obligor has been adjudicated in arrears in
court ordered child support payments in an amount equal to 90
days obligation or more.
(3) Any additional issues raised by the obligor, including
the reasonableness of a payment agreement in light of the
obligor's current financial circumstances, to be preserved for
appeal.
(e) All hearings and hearing procedures shall comply with
requirements of the Illinois Constitution and the United States
Constitution, so that no person is deprived of due process of law nor
denied equal protection of the laws. All hearings shall be held
before a judge of the circuit court in the county in which the
support order has been entered. Appropriate records of the hearings
shall be kept. Where a transcript of the hearing is taken, the
person requesting the hearing shall have the opportunity to order a
copy of the transcript at his or her own expense.
(f) The action of the circuit court resulting in the suspension
of any driver's license shall be a final judgment for purposes of
appellate review.
Section 955. The Unified Code of Corrections is amended by
changing Section 3-5-4 as follows:
(730 ILCS 5/3-5-4)
Sec. 3-5-4. Exchange of information for child support
enforcement.
(a) The Department shall exchange with the Illinois Department
of Public Aid information that may be necessary for the enforcement
of child support orders entered pursuant to the Illinois Public Aid
Code, the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois Parentage Act
of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Department shall not be liable to any person for any disclosure
of information to the Illinois Department of Public Aid under
subsection (a) or for any other action taken in good faith to comply
with the requirements of subsection (a).
(Source: P.A. 90-18, eff. 1-1-97.)
Section 960. The Code of Civil Procedure is amended by changing
Sections 2-1403 and 12-819 as follows:
(735 ILCS 5/2-1403) (from Ch. 110, par. 2-1403)
Sec. 2-1403. Judgment debtor as beneficiary of trust. No court,
5930 JOURNAL OF THE [May 26, 1999]
except as otherwise provided in this Section, shall order the
satisfaction of a judgment out of any property held in trust for the
judgment debtor if such trust has, in good faith, been created by, or
the fund so held in trust has proceeded from, a person other than the
judgment debtor. The income or principal of a trust shall be
subject to withholding for the purpose of securing collection of
unpaid child support obligations owed by the beneficiary as provided
in Section 4.1 of the "Non-Support of Spouse and Children Act",
Section 22 of the Non-Support Punishment Act, and similar Sections of
other Acts which provide for support of a child as follows:
(1) income may be withheld if the beneficiary is entitled to a
specified dollar amount or percentage of the income of the trust, or
is the sole income beneficiary; and
(2) principal may be withheld if the beneficiary has a right to
withdraw principal, but not in excess of the amount subject to
withdrawal under the instrument, or if the beneficiary is the only
beneficiary to whom discretionary payments of principal may be made
by the trustee.
(Source: P.A. 85-1209.)
(735 ILCS 5/12-819) (from Ch. 110, par. 12-819)
Sec. 12-819. Limitations on part 8 of Article XII. The
provisions of this Part 8 of Article XII of this Act do not apply to
orders for withholding of income entered by the court under
provisions of The Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and Children
Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal
Enforcement of Support Act and the Paternity Act for support of a
child or maintenance of a spouse.
(Source: P.A. 84-1043.)
Section 965. The Illinois Wage Assignment Act is amended by
changing Section 11 as follows:
(740 ILCS 170/11) (from Ch. 48, par. 39.12)
Sec. 11. The provisions of this Act do not apply to orders for
withholding of income entered by the court under provisions of The
Illinois Public Aid Code, the Illinois Marriage and Dissolution of
Marriage Act, the Non-Support of Spouse and Children Act, the
Non-Support Punishment Act, the Revised Uniform Reciprocal
Enforcement of Support Act and the Paternity Act for support of a
child or maintenance of a spouse.
(Source: P.A. 83-658.)
Section 970. The Illinois Marriage and Dissolution of Marriage
Act is amended by changing Section 713 as follows:
(750 ILCS 5/713) (from Ch. 40, par. 713)
Sec. 713. Attachment of the Body. As used in this Section,
"obligor" has the same meaning ascribed to such term in the Income
Withholding for Support Act.
(a) In any proceeding to enforce an order for support, where the
obligor has failed to appear in court pursuant to order of court and
after due notice thereof, the court may enter an order for the
attachment of the body of the obligor. Notices under this Section
shall be served upon the obligor either (1) by prepaid certified mail
with delivery restricted to the obligor, or (2) by personal service
on the obligor. The attachment order shall fix an amount of escrow
which is equal to a minimum of 20% of the total child support
arrearage alleged by the obligee in sworn testimony to be due and
owing. The attachment order shall direct the Sheriff of any county
in Illinois to take the obligor into custody and shall set the number
of days following release from custody for a hearing to be held at
which the obligor must appear, if he is released under subsection (c)
of this Section.
(b) If the obligor is taken into custody, the Sheriff shall take
HOUSE OF REPRESENTATIVES 5931
the obligor before the court which entered the attachment order.
However, the Sheriff may release the person after he or she has
deposited the amount of escrow ordered by the court pursuant to local
procedures for the posting of bond. The Sheriff shall advise the
obligor of the hearing date at which the obligor is required to
appear.
(c) Any escrow deposited pursuant to this Section shall be
transmitted to the Clerk of the Circuit Court for the county in which
the order for attachment of the body of the obligor was entered. Any
Clerk who receives money deposited into escrow pursuant to this
Section shall notify the obligee, public office or legal counsel
whose name appears on the attachment order of the court date at which
the obligor is required to appear and the amount deposited into
escrow. The Clerk shall disburse such money to the obligee only under
an order from the court that entered the attachment order pursuant to
this Section.
(d) Whenever an obligor is taken before the court by the
Sheriff, or appears in court after the court has ordered the
attachment of his body, the court shall:
(1) hold a hearing on the complaint or petition that gave
rise to the attachment order. For purposes of determining
arrearages that are due and owing by the obligor, the court shall
accept the previous sworn testimony of the obligee as true and
the appearance of the obligee shall not be required. The court
shall require sworn testimony of the obligor as to his or her
Social Security number, income, employment, bank accounts,
property and any other assets. If there is a dispute as to the
total amount of arrearages, the court shall proceed as in any
other case as to the undisputed amounts; and
(2) order the Clerk of the Circuit Court to disburse to the
obligee or public office money held in escrow pursuant to this
Section if the court finds that the amount of arrearages exceeds
the amount of the escrow. Amounts received by the obligee or
public office shall be deducted from the amount of the
arrearages.
(e) If the obligor fails to appear in court after being notified
of the court date by the Sheriff upon release from custody, the court
shall order any monies deposited into escrow to be immediately
released to the obligee or public office and shall proceed under
subsection (a) of this Section by entering another order for the
attachment of the body of the obligor.
(f) This Section shall apply to any order for support issued
under the "Illinois Marriage and Dissolution of Marriage Act",
approved September 22, 1977, as amended; the "Illinois Parentage Act
of 1984", effective July 1, 1985, as amended; the "Revised Uniform
Reciprocal Enforcement of Support Act", approved August 28, 1969, as
amended; "The Illinois Public Aid Code", approved April 11, 1967, as
amended; the Non-Support Punishment Act; and the "Non-support of
Spouse and Children Act", approved June 8, 1953, as amended.
(g) Any escrow established pursuant to this Section for the
purpose of providing support shall not be subject to fees collected
by the Clerk of the Circuit Court for any other escrow.
(Source: P.A. 90-673, eff. 1-1-99.)
Section 975. The Uniform Interstate Family Support Act is
amended by changing Section 101 as follows:
(750 ILCS 22/101)
Sec. 101. Definitions. In this Act:
"Child" means an individual, whether over or under the age of 18,
who is or is alleged to be owed a duty of support by the individual's
parent or who is or is alleged to be the beneficiary of a support
order directed to the parent.
5932 JOURNAL OF THE [May 26, 1999]
"Child-support order" means a support order for a child,
including a child who has attained the age of 18.
"Duty of support" means an obligation imposed or imposable by law
to provide support for a child, spouse, or former spouse including an
unsatisfied obligation to provide support.
"Home state" means the state in which a child lived with a
parent or a person acting as parent for at least 6 consecutive months
immediately preceding the time of filing of a petition or comparable
pleading for support, and if a child is less than 6 months old, the
state in which the child lived from birth with any of them. A period
of temporary absence of any of them is counted as part of the 6-month
or other period.
"Income" includes earnings or other periodic entitlements to
money from any source and any other property subject to withholding
for support under the law of this State.
"Income-withholding order" means an order or other legal process
directed to an obligor's employer or other debtor, as defined by the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Illinois
Public Aid Code, and the Illinois Parentage Act of 1984, to withhold
support from the income of the obligor.
"Initiating state" means a state from which a proceeding is
forwarded or in which a proceeding is filed for forwarding to a
responding state under this Act or a law or procedure substantially
similar to this Act.
"Initiating tribunal" means the authorized tribunal in an
initiating state.
"Issuing state" means the state in which a tribunal issues a
support order or renders a judgment determining parentage.
"Issuing tribunal" means the tribunal that issues a support order
or renders a judgment determining parentage.
"Obligee" means:
(i) an individual to whom a duty of support is or is
alleged to be owed or in whose favor a support order has been
issued or a judgment determining parentage has been rendered;
(ii) a state or political subdivision to which the rights
under a duty of support or support order have been assigned or
which has independent claims based on financial assistance
provided to an individual obligee; or
(iii) an individual seeking a judgment determining
parentage of the individual's child.
"Obligor" means an individual, or the estate of a decedent: (i)
who owes or is alleged to owe a duty of support; (ii) who is alleged
but has not been adjudicated to be a parent of a child; or (iii) who
is liable under a support order.
"Register" means to record a support order or judgment
determining parentage in the appropriate Registry of Foreign Support
Orders.
"Registering tribunal" means a tribunal in which a support order
is registered.
"Responding state" means a state in which a proceeding is filed
or to which a proceeding is forwarded for filing from an initiating
state under this Act or a law or procedure substantially similar to
this Act.
"Responding tribunal" means the authorized tribunal in a
responding state.
"Spousal-support order" means a support order for a spouse or
former spouse of the obligor.
"State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
HOUSE OF REPRESENTATIVES 5933
United States. The term includes:
(i) an Indian tribe; and
(ii) a foreign jurisdiction that has enacted a law or
established procedures for issuance and enforcement of support
orders which are substantially similar to the procedures under
this Act, the Uniform Reciprocal Enforcement of Support Act, or
the Revised Uniform Reciprocal Enforcement of Support Act.
"Support enforcement agency" means a public official or agency
authorized to seek:
(1) enforcement of support orders or laws relating to the duty
of support;
(2) establishment or modification of child support;
(3) determination of parentage; or
(4) to locate obligors or their assets.
"Support order" means a judgment, decree, or order, whether
temporary, final, or subject to modification, for the benefit of a
child, a spouse, or a former spouse, which provides for monetary
support, health care, arrearages, or reimbursement, and may include
related costs and fees, interest, income withholding, attorney's
fees, and other relief.
"Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or modify
support orders or to determine parentage.
(Source: P.A. 90-240, eff. 7-28-97.)
Section 980. The Illinois Parentage Act of 1984 is amended by
changing Section 6 as follows:
(750 ILCS 45/6) (from Ch. 40, par. 2506)
Sec. 6. Establishment of Parent and Child Relationship by
Consent of the Parties.
(a) A parent and child relationship may be established
voluntarily by the signing and witnessing of a voluntary
acknowledgment of parentage in accordance with Section 12 of the
Vital Records Act or Section 10-17.7 of the Illinois Public Aid Code.
The voluntary acknowledgment of parentage shall contain the social
security numbers of the persons signing the voluntary acknowledgment
of parentage; however, failure to include the social security numbers
of the persons signing a voluntary acknowledgment of parentage does
not invalidate the voluntary acknowledgment of parentage.
(b) Notwithstanding any other provisions of this Act, paternity
established in accordance with subsection (a) has the full force and
effect of a judgment entered under this Act and serves as a basis for
seeking a child support order without any further proceedings to
establish paternity.
(c) A judicial or administrative proceeding to ratify paternity
established in accordance with subsection (a) is neither required nor
permitted.
(d) A signed acknowledgment of paternity entered under this Act
may be challenged in court only on the basis of fraud, duress, or
material mistake of fact, with the burden of proof upon the
challenging party. Pending outcome of the challenge to the
acknowledgment of paternity, the legal responsibilities of the
signatories shall remain in full force and effect, except upon order
of the court upon a showing of good cause.
(e) Once a parent and child relationship is established in
accordance with subsection (a), an order for support may be
established pursuant to a petition to establish an order for support
by consent filed with the clerk of the circuit court. A copy of the
properly completed acknowledgment of parentage form shall be attached
to the petition. The petition shall ask that the circuit court enter
an order for support. The petition may ask that an order for
visitation, custody, or guardianship be entered. The filing and
5934 JOURNAL OF THE [May 26, 1999]
appearance fees provided under the Clerks of Courts Act shall be
waived for all cases in which an acknowledgment of parentage form has
been properly completed by the parties and in which a petition to
establish an order for support by consent has been filed with the
clerk of the circuit court. This subsection shall not be construed
to prohibit filing any petition for child support, visitation, or
custody under this Act, the Illinois Marriage and Dissolution of
Marriage Act, or the Non-Support Punishment of Spouse and Children
Act. This subsection shall also not be construed to prevent the
establishment of an administrative support order in cases involving
persons receiving child support enforcement services under Article X
of the Illinois Public Aid Code.
(Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
Section 985. The Business Corporation Act of 1983 is amended by
changing Section 1.25 as follows:
(805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
Sec. 1.25. List of corporations; exchange of information.
(a) The Secretary of State shall publish each year a list of
corporations filing an annual report for the preceding year in
accordance with the provisions of this Act, which report shall state
the name of the corporation and the respective names and addresses of
the president, secretary, and registered agent thereof and the
address of the registered office in this State of each such
corporation. The Secretary of State shall furnish without charge a
copy of such report to each recorder of this State, and to each
member of the General Assembly and to each State agency or department
requesting the same. The Secretary of State shall, upon receipt of a
written request and a fee as determined by the Secretary, furnish
such report to anyone else.
(b) (1) The Secretary of State shall publish daily a list of all
newly formed corporations, business and not for profit, chartered by
him on that day issued after receipt of the application. The daily
list shall contain the same information as to each corporation as is
provided for the corporation list published under subsection (a) of
this Section. The daily list may be obtained at the Secretary's
office by any person, newspaper, State department or agency, or local
government for a reasonable charge to be determined by the Secretary.
Inspection of the daily list may be made at the Secretary's office
during normal business hours without charge by any person, newspaper,
State department or agency, or local government.
(2) The Secretary shall compile the daily list mentioned in
paragraph (1) of subsection (b) of this Section monthly, or more
often at the Secretary's discretion. The compilation shall be
immediately mailed free of charge to all local governments requesting
in writing receipt of such publication, or shall be automatically
mailed by the Secretary without charge to local governments as
determined by the Secretary. The Secretary shall mail a copy of the
compilations free of charge to all State departments or agencies
making a written request. A request for a compilation of the daily
list once made by a local government or State department or agency
need not be renewed. However, the Secretary may request from time to
time whether the local governments or State departments or agencies
desire to continue receiving the compilation.
(3) The compilations of the daily list mentioned in paragraph
(2) of subsection (b) of this Section shall be mailed to newspapers,
or any other person not included as a recipient in paragraph (2) of
subsection (b) of this Section, upon receipt of a written application
signed by the applicant and accompanied by the payment of a fee as
determined by the Secretary.
(c) If a domestic or foreign corporation has filed with the
Secretary of State an annual report for the preceding year or has
HOUSE OF REPRESENTATIVES 5935
been newly formed or is otherwise and in any manner registered with
the Secretary of State, the Secretary of State shall exchange with
the Illinois Department of Public Aid any information concerning that
corporation that may be necessary for the enforcement of child
support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate
Family Support Act, or the Illinois Parentage Act of 1984.
Notwithstanding any provisions in this Act to the contrary, the
Secretary of State shall not be liable to any person for any
disclosure of information to the Illinois Department of Public Aid
under this subsection or for any other action taken in good faith to
comply with the requirements of this subsection.
(Source: P.A. 90-18, eff. 7-1-97.)
Section 990. The Limited Liability Company Act is amended by
changing Section 50-5 as follows:
(805 ILCS 180/50-5)
Sec. 50-5. List of limited liability companies; exchange of
information.
(a) The Secretary of State may publish a list or lists of
limited liability companies and foreign limited liability companies,
as often, in the format, and for the fees as the Secretary of State
may in his or her discretion provide by rule. The Secretary of State
may disseminate information concerning limited liability companies
and foreign limited liability companies by computer network in the
format and for the fees as may be determined by rule.
(b) Upon written request, any list published under subsection
(a) shall be free to each member of the General Assembly, to each
State agency or department, and to each recorder in this State. An
appropriate fee established by rule to cover the cost of producing
the list shall be charged to all others.
(c) If a domestic or foreign limited liability company has filed
with the Secretary of State an annual report for the preceding year
or has been newly formed or is otherwise and in any manner registered
with the Secretary of State, the Secretary of State shall exchange
with the Illinois Department of Public Aid any information concerning
that limited liability company that may be necessary for the
enforcement of child support orders entered pursuant to the Illinois
Public Aid Code, the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the Non-Support
Punishment Act, the Revised Uniform Reciprocal Enforcement of Support
Act, the Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984.
Notwithstanding any provisions in this Act to the contrary, the
Secretary of State shall not be liable to any person for any
disclosure of information to the Illinois Department of Public Aid
under this subsection or for any other action taken in good faith to
comply with the requirements of this subsection.
(Source: P.A. 90-18, eff. 7-1-97.)
(750 ILCS 15/Act rep.)
Section 992. Repealer. The Non-Support of Spouse and Children
Act is repealed.
Section 995. Certain actions to be determined under prior law.
An action that was commenced under the Non-Support of Spouse and
Children Act and is pending on the effective date of this Act shall
be decided in accordance with the Non-Support of Spouse and Children
Act as it existed immediately before its repeal by this Act.
Section 999. Effective date. This Act takes effect on October
1, 1999, except that Section 945 takes effect July 1, 2000.".
5936 JOURNAL OF THE [May 26, 1999]
Submitted on May 26, 1999.
s/Sen. Patrick O'Malley s/Rep. Lou Lang
s/Sen. Carl Hawkinson s/Rep. Thomas Dart
s/Sen. Kirk Dillard Rep. Barbara Flynn Currie
s/Sen. Barack Obama s/Rep. Art Tenhouse
s/Sen. John Cullerton s/Rep. Eileen Lyons
Committee for the Senate Committee for the House
Representative Novak submitted the following First Conference
Committee Report on SENATE BILL 24 which was ordered printed and
referred to the Committee on Rules:
91ST GENERAL ASSEMBLY
FIRST CONFERENCE COMMITTEE REPORT
ON SENATE BILL 24
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to House Amendment No. 1
to Senate Bill 24, recommend the following:
(1) that the House recede from House Amendment No. 1; and
(2) that Senate Bill 24 be amended by replacing everything after
the enacting clause with the following:
"Section 5. The Public Utilities Act is amended by changing
Sections 16-102, 16-104, 16-108, 16-110, 16-111, 16-115, and 16-130
and adding Sections 16-111.1, 16-111.2, and 16-114.1 as follows:
(220 ILCS 5/16-102)
Sec. 16-102. Definitions. For the purposes of this Article the
following terms shall be defined as set forth in this Section.
"Alternative retail electric supplier" means every person,
cooperative, corporation, municipal corporation, company,
association, joint stock company or association, firm, partnership,
individual, or other entity, their lessees, trustees, or receivers
appointed by any court whatsoever, that offers electric power or
energy for sale, lease or in exchange for other value received to one
or more retail customers, or that engages in the delivery or
furnishing of electric power or energy to such retail customers, and
shall include, without limitation, resellers, aggregators and power
marketers, but shall not include (i) electric utilities (or any agent
of the electric utility to the extent the electric utility provides
tariffed services to retail customers through that agent), (ii) any
electric cooperative or municipal system as defined in Section 17-100
to the extent that the electric cooperative or municipal system is
serving retail customers within any area in which it is or would be
entitled to provide service under the law in effect immediately prior
to the effective date of this amendatory Act of 1997, (iii) a public
utility that is owned and operated by any public institution of
higher education of this State, or a public utility that is owned by
such public institution of higher education and operated by any of
its lessees or operating agents, within any area in which it is or
would be entitled to provide service under the law in effect
immediately prior to the effective date of this amendatory Act of
1997, (iv) a any retail customer to the extent that customer obtains
its electric power and energy from that customer's its own
cogeneration or self-generation facilities, (v) an any entity that
owns, operates, sells, or arranges for the installation of a
customer's own cogeneration or self-generation facilities to be owned
by a retail customer described in subparagraph (iv), but only to the
HOUSE OF REPRESENTATIVES 5937
extent the entity is engaged in owning, selling or arranging for the
such installation of such facility, or operating the facility on
behalf of such customer, provided however that any such third party
owner or operator of a facility built after January 1, 1999, complies
with the labor provisions of Section 16-128(a) as though such third
party were an alternative retail electric supplier, or (vi) an
industrial or manufacturing customer that owns its own distribution
facilities, to the extent that the customer provides service from
that distribution system to a third-party contractor located on the
customer's premises that is integrally and predominantly engaged in
the customer's industrial or manufacturing process; provided, that if
the industrial or manufacturing customer has elected delivery
services, the customer shall pay transition charges applicable to the
electric power and energy consumed by the third-party contractor
unless such charges are otherwise paid by the third party contractor,
which shall be calculated based on the usage of, and the base rates
or the contract rates applicable to, the third-party contractor in
accordance with Section 16-102.
"Base rates" means the rates for those tariffed services that the
electric utility is required to offer pursuant to subsection (a) of
Section 16-103 and that were identified in a rate order for
collection of the electric utility's base rate revenue requirement,
excluding (i) separate automatic rate adjustment riders then in
effect, (ii) special or negotiated contract rates, (iii) delivery
services tariffs filed pursuant to Section 16-108, (iv) real-time
pricing, or (v) tariffs that were in effect prior to October 1, 1996
and that based charges for services on an index or average of other
utilities' charges, but including (vi) any subsequent redesign of
such rates for tariffed services that is authorized by the Commission
after notice and hearing.
"Competitive service" includes (i) any service that has been
declared to be competitive pursuant to Section 16-113 of this Act,
(ii) contract service, and (iii) services, other than tariffed
services, that are related to, but not necessary for, the provision
of electric power and energy or delivery services.
"Contract service" means (1) services, including the provision of
electric power and energy or other services, that are provided by
mutual agreement between an electric utility and a retail customer
that is located in the electric utility's service area, provided
that, delivery services shall not be a contract service until such
services are declared competitive pursuant to Section 16-113; and
also means (2) the provision of electric power and energy by an
electric utility to retail customers outside the electric utility's
service area pursuant to Section 16-116. Provided, however, contract
service does not include electric utility services provided pursuant
to (i) contracts that retail customers are required to execute as a
condition of receiving tariffed services, or (ii) special or
negotiated rate contracts for electric utility services that were
entered into between an electric utility and a retail customer prior
to the effective date of this amendatory Act of 1997 and filed with
the Commission.
"Delivery services" means those services provided by the electric
utility that are necessary in order for the transmission and
distribution systems to function so that retail customers located in
the electric utility's service area can receive electric power and
energy from suppliers other than the electric utility, and shall
include, without limitation, standard metering and billing services.
"Electric utility" means a public utility, as defined in Section
3-105 of this Act, that has a franchise, license, permit or right to
furnish or sell electricity to retail customers within a service
area.
5938 JOURNAL OF THE [May 26, 1999]
"Mandatory transition period" means the period from the effective
date of this amendatory Act of 1997 through January 1, 2005.
"Municipal system" shall have the meaning set forth in Section
17-100.
"Real-time pricing" means charges for delivered electric power
and energy that vary on an hour-to-hour basis for nonresidential
retail customers and that vary on a periodic basis during the day for
residential retail customers.
"Retail customer" means a single entity using electric power or
energy at a single premises and that (A) either (i) is receiving or
is eligible to receive tariffed services from an electric utility,
or (ii) that is served by a municipal system or electric cooperative
within any area in which the municipal system or electric cooperative
is or would be entitled to provide service under the law in effect
immediately prior to the effective date of this amendatory Act of
1997, or (B) an entity which on the effective date of this Act was
receiving electric service from a public utility and (i) was engaged
in the practice of resale and redistribution of such electricity
within a building prior to January 2, 1957, or (ii) was providing
lighting services to tenants in a multi-occupancy building, but only
to the extent such resale, redistribution or lighting service is
authorized by the electric utility's tariffs that were on file with
the Commission on the effective date of this Act.
"Service area" means (i) the geographic area within which an
electric utility was lawfully entitled to provide electric power and
energy to retail customers as of the effective date of this
amendatory Act of 1997, and includes (ii) the location of any retail
customer to which the electric utility was lawfully providing
electric utility services on such effective date.
"Small commercial retail customer" means those nonresidential
retail customers of an electric utility consuming 15,000
kilowatt-hours or less of electricity annually in its service area.
"Tariffed service" means services provided to retail customers by
an electric utility as defined by its rates on file with the
Commission pursuant to the provisions of Article IX of this Act, but
shall not include competitive services.
"Transition charge" means a charge expressed in cents per
kilowatt-hour that is calculated for a customer or class of customers
as follows for each year in which an electric utility is entitled to
recover transition charges as provided in Section 16-108:
(1) the amount of revenue that an electric utility would
receive from the retail customer or customers if it were serving
such customers' electric power and energy requirements as a
tariffed service based on (A) all of the customers' actual usage
during the 3 years ending 90 days prior to the date on which such
customers were first eligible for delivery services pursuant to
Section 16-104, and (B) on (i) the base rates in effect on
October 1, 1996 (adjusted for the reductions required by
subsection (b) of Section 16-111, for any reduction resulting
from a rate decrease under Section 16-101(b), for any restatement
of base rates made in conjunction with an elimination of the fuel
adjustment clause pursuant to subsection (b), (d), or (f) of
Section 9-220 and for any removal of decommissioning costs from
base rates pursuant to Section 16-114) and any separate automatic
rate adjustment riders (other than a decommissioning rate as
defined in Section 16-114) under which the customers were
receiving or, had they been customers, would have received
electric power and energy from the electric utility during the
year immediately preceding the date on which such customers were
first eligible for delivery service pursuant to Section 16-104,
or (ii) to the extent applicable, any contract rates, including
HOUSE OF REPRESENTATIVES 5939
contracts or rates for consolidated or aggregated billing, under
which such customers were receiving electric power and energy
from the electric utility during such year;
(2) less the amount of revenue, other than revenue from
transition charges and decommissioning rates, that the electric
utility would receive from such retail customers for delivery
services provided by the electric utility, assuming such
customers were taking delivery services for all of their usage,
based on the delivery services tariffs in effect during the year
for which the transition charge is being calculated and on the
usage identified in paragraph (1);
(3) less the market value for the electric power and energy
that the electric utility would have used to supply all of such
customers' electric power and energy requirements, as a tariffed
service, based on the usage identified in paragraph (1), with
such market value determined in accordance with Section 16-112 of
this Act;
(4) less the following amount which represents the amount
to be attributed to new revenue sources and cost reductions by
the electric utility through the end of the period for which
transition costs are recovered pursuant to Section 16-108,
referred to in this Article XVI as a "mitigation factor":
(A) for nonresidential retail customers, an amount
equal to the greater of (i) 0.5 cents per kilowatt-hour
during the period October 1, 1999 through December 31, 2004,
0.6 cents per kilowatt-hour in calendar year 2005, and 0.9
cents per kilowatt-hour in calendar year 2006, multiplied in
each year by the usage identified in paragraph (1), or (ii)
an amount equal to the following percentages of the amount
produced by applying the applicable base rates (adjusted as
described in subparagraph (1)(B)) or contract rate to the
usage identified in paragraph (1): 8% for the period October
1, 1999 through December 31, 2002, 10% in calendar years
2003 and 2004, 11% in calendar year 2005 and 12% in calendar
year 2006; and
(B) for residential retail customers, an amount equal
to the following percentages of the amount produced by
applying the base rates in effect on October 1, 1996
(adjusted as described in subparagraph (1)(B)) to the usage
identified in paragraph (1): (i) 6% from May 1, 2002 through
December 31, 2002, (ii) 7% in calendar years 2003 and 2004,
(iii) 8% in calendar year 2005, and (iv) 10% in calendar
year 2006;
(5) divided by the usage of such customers identified in
paragraph (1),
provided that the transition charge shall never be less than zero.
"Unbundled service" means a component or constituent part of a
tariffed service which the electric utility subsequently offers
separately to its customers.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/16-104)
Sec. 16-104. Delivery services transition plan. An electric
utility shall provide delivery services to retail customers in
accordance with the provisions of this Section.
(a) Each electric utility shall offer delivery services to
retail customers located in its service area in accordance with the
following provisions:
(1) On or before October 1, 1999, the electric utility
shall offer delivery services (i) to any non-residential retail
customer whose average monthly maximum electrical demand on the
electric utility's system during the 6 months with the customer's
5940 JOURNAL OF THE [May 26, 1999]
highest monthly maximum demands in the 12 months ending June 30,
1999 equals or exceeds 4 megawatts; (ii) to any non-governmental,
non-residential, commercial retail customers under common
ownership doing business at 10 or more separate locations within
the electric utility's service area, if the aggregate coincident
average monthly maximum electrical demand of all such locations
during the 6 months with the customer's highest monthly maximum
electrical demands during the 12 months ending June 30, 1999
equals or exceeds 9.5 megawatts, provided, however, that an
electric utility's obligation to offer delivery services under
this clause (ii) shall not exceed 3.5% of the maximum electric
demand on the electric utility's system in the 12 months ending
June 30, 1999; and (iii) to non-residential retail customers
whose annual electric energy use comprises 33% of the
kilowatt-hour sales, excluding the kilowatt-hour sales to
customers described in clauses (i) and (ii), to each
non-residential retail customer class of the electric utility.
(2) On or before October 1, 2000, the electric utility
shall offer delivery services to the eligible governmental
customers described in subsections (a) and (b) of Section 16-125A
if the aggregate coincident average monthly maximum electrical
demand of such customers during the 6 months with the customers'
highest monthly maximum electrical demands during the 12 months
ending June 30, 2000 equals or exceeds 9.5 megawatts.
(2.5) On or before June 1, 2000, an electric utility
serving more than 1,000,000 customers in this State shall offer
delivery services to retail customers whose annual electric
energy use comprises 33% of the kilowatt hour sales to that group
of retail customers that are classified under Division D, Groups
20 through 39 of the Standard Industrial Classifications set
forth in the Standard Industrial Classification Manual published
by the United States Office of Management and Budget, excluding
the kilowatt-hour sales to those customers that are eligible for
delivery services pursuant to clause (1)(i), and shall offer
delivery services to its remaining retail customers classified
under Division D, Groups 20 through 39 on or before October 1,
2000.
(3) On or before December 31, 2000, the electric utility
shall offer delivery services to all remaining nonresidential
retail customers in its service area.
(4) On or before May 1, 2002, the electric utility shall
offer delivery services to all residential retail customers in
its service area.
The loads and kilowatt-hour sales used for purposes of this
subsection shall be those for the 12 months ending June 30, 1999 for
nonresidential retail customers. The electric utility shall identify
those customers to be offered delivery service pursuant to clause
(1)(iii) and paragraph (2.5) of subsection (a) of this Section and
Section 16-111(e)(B)(iii) pursuant to a lottery or other random
nondiscriminatory selection process set forth in the electric
utility's delivery services implementation plan pursuant to Section
16-105, which process may include a registration process giving each
nonresidential customer the opportunity to register for eligibility
for delivery services under this Section, with a lottery of
registered customers to be conducted if the annual electric energy
use of all registered customers exceeds the limit set forth in clause
(1)(iii) or clause (2.5) or Section 16-111(e)(B)(iii), as applicable;
provided that the provision of this amendatory Act of 1999 as it
relates to the registration and lottery process under clause (1)(iii)
is not intended to nor does it make any change in the meaning of this
Section, but is intended to remove possible ambiguities, thereby
HOUSE OF REPRESENTATIVES 5941
confirming the existing meaning of this Section prior to the
effective date of this amendatory Act of 1999. Provided, that
non-residential retail customers under common ownership at separate
locations within the electric utility's service area may elect, prior
to the date the electric utility conducts the lottery or other random
selection process for purposes of clause (1)(iii), to designate
themselves as a common ownership group, to be excluded from such
lottery and to instead participate in a separate lottery for such
common ownership group pursuant to which delivery services will be
offered to non-residential retail customers comprising 33% of the
total kilowatt-hour sales to the common ownership group on or before
October 1, 1999. For purposes of this subsection (a), an electric
utility may define "common ownership" to exclude sites which are not
part of the same business, provided, that auxiliary establishments as
defined in the Standard Industrial Classification Manual published by
the United States Office of Management and Budget shall not be
excluded.
(b) The electric utility shall allow the aggregation of loads
that are eligible for delivery services so long as such aggregation
meets the criteria for delivery of electric power and energy
applicable to the electric utility established by the regional
reliability council to which the electric utility belongs, by an
independent system operating organization to which the electric
utility belongs, or by another organization responsible for
overseeing the integrity and reliability of the transmission system,
as such criteria are in effect from time to time. The Commission may
adopt rules and regulations governing the criteria for aggregation of
the loads utilizing delivery services, but its failure to do so shall
not preclude any eligible customer from electing delivery services.
The electric utility shall allow such aggregation for any voluntary
grouping of customers, including without limitation those having a
common agent with contractual authority to purchase electric power
and energy and delivery services on behalf of all customers in the
grouping.
(c) An electric utility shall allow a retail customer that
generates power for its own use to include the electrical demand
obtained from the customer's cogeneration or self-generation
facilities that is coincident with the retail customer's maximum
monthly electrical demand on the electric utility's system in any
determination of the customer's maximum monthly electrical demand for
purposes of determining when such retail customer shall be offered
delivery services pursuant to clause (i) of subparagraph (1) of
subsection (a) of this Section.
(d) The Commission shall establish charges, terms and conditions
for delivery services in accordance with Section 16-108.
(e) Subject to the terms and conditions which the electric
utility is entitled to impose in accordance with Section 16-108, a
retail customer that is eligible to elect delivery services pursuant
to subsection (a) may place all or a portion of its electric power
and energy requirements on delivery services.
(f) An electric utility may require a retail customer who elects
to (i) use an alternative retail electric supplier or another
electric utility for some but not all of its electric power or energy
requirements, and (ii) use the electric utility for any portion of
its remaining electric power and energy requirements, to place the
portion of the customer's electric power or energy requirement that
is to be served by the electric utility on a tariff containing
charges that are set to recover the lowest reasonably available cost
to the electric utility of acquiring electric power and energy on the
wholesale electric market to serve such remaining portion of the
customer's electric power and energy requirement, reasonable
5942 JOURNAL OF THE [May 26, 1999]
compensation for arranging for and providing such electric power or
energy, and the electric utility's other costs of providing service
to such remaining electric power and energy requirement.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/16-108)
Sec. 16-108. Recovery of costs associated with the provision of
delivery services.
(a) An electric utility shall file a delivery services tariff
with the Commission at least 210 days prior to the date that it is
required to begin offering such services pursuant to this Act. An
electric utility shall provide the components of delivery services
that are subject to the jurisdiction of the Federal Energy Regulatory
Commission at the same prices, terms and conditions set forth in its
applicable tariff as approved or allowed into effect by that
Commission. The Commission shall otherwise have the authority
pursuant to Article IX to review, approve, and modify the prices,
terms and conditions of those components of delivery services not
subject to the jurisdiction of the Federal Energy Regulatory
Commission, including the authority to determine the extent to which
such delivery services should be offered on an unbundled basis. In
making any such determination the Commission shall consider, at a
minimum, the effect of additional unbundling on (i) the objective of
just and reasonable rates, (ii) electric utility employees, and (iii)
the development of competitive markets for electric energy services
in Illinois.
(b) The Commission shall enter an order approving, or approving
as modified, the delivery services tariff no later than 30 days prior
to the date on which the electric utility must commence offering such
services. The Commission may subsequently modify such tariff
pursuant to this Act.
(c) The electric utility's tariffs shall define the classes of
its customers for purposes of delivery services charges. Delivery
services shall be priced and made available to all retail customers
electing delivery services in each such class on a nondiscriminatory
basis regardless of whether the retail customer chooses the electric
utility, an affiliate of the electric utility, or another entity as
its supplier of electric power and energy. Charges for delivery
services shall be cost based, and shall allow the electric utility to
recover the costs of providing delivery services through its charges
to its delivery service customers that use the facilities and
services associated with such costs. Such costs shall include the
costs of owning, operating and maintaining transmission and
distribution facilities. The Commission shall also be authorized to
consider whether, and if so to what extent, the following costs are
appropriately included in the electric utility's delivery services
rates: (i) the costs of that portion of generation facilities used
for the production and absorption of reactive power in order that
retail customers located in the electric utility's service area can
receive electric power and energy from suppliers other than the
electric utility, and (ii) the costs associated with the use and
redispatch of generation facilities to mitigate constraints on the
transmission or distribution system in order that retail customers
located in the electric utility's service area can receive electric
power and energy from suppliers other than the electric utility.
Nothing in this subsection shall be construed as directing the
Commission to allocate any of the costs described in (i) or (ii) that
are found to be appropriately included in the electric utility's
delivery services rates to any particular customer group or
geographic area in setting delivery services rates.
(d) The Commission shall establish charges, terms and conditions
for delivery services that are just and reasonable and shall take
HOUSE OF REPRESENTATIVES 5943
into account customer impacts when establishing such charges. In
establishing charges, terms and conditions for delivery services, the
Commission shall take into account voltage level differences. A
retail customer shall have the option to request to purchase electric
service at any delivery service voltage reasonably and technically
feasible from the electric facilities serving that customer's
premises provided that there are no significant adverse impacts upon
system reliability or system efficiency. A retail customer shall
also have the option to request to purchase electric service at any
point of delivery that is reasonably and technically feasible
provided that there are no significant adverse impacts on system
reliability or efficiency. Such requests shall not be unreasonably
denied.
(e) Electric utilities shall recover the costs of installing,
operating or maintaining facilities for the particular benefit of one
or more delivery services customers, including without limitation any
costs incurred in complying with a customer's request to be served at
a different voltage level, directly from the retail customer or
customers for whose benefit the costs were incurred, to the extent
such costs are not recovered through the charges referred to in
subsections (c) and (d) of this Section.
(f) An electric utility shall be entitled but not required to
implement transition charges in conjunction with the offering of
delivery services pursuant to Section 16-104. If an electric utility
implements transition charges, it shall implement such charges for
all delivery services customers and for all customers described in
subsection (h), but shall not implement transition charges for power
and energy that a retail customer takes from cogeneration or
self-generation facilities located on that retail customer's
premises, if such facilities meet the following criteria:
(i) the cogeneration or self-generation facilities serve a
single retail customer and are located on that retail customer's
premises (for purposes of this subparagraph and subparagraph
(ii), an industrial or manufacturing retail customer and a third
party contractor that is served by such industrial or
manufacturing customer through such retail customer's own
electrical distribution facilities under the circumstances
described in subsection (vi) of the definition of "alternative
retail electric supplier" set forth in Section 16-102, shall be
considered a single retail customer);
(ii) the cogeneration or self-generation facilities either
(A) are sized pursuant to generally accepted engineering
standards for the retail customer's electrical load at that
premises (taking into account standby or other reliability
considerations related to that retail customer's operations at
that site) or (B) if the facility is a cogeneration facility
located on the retail customer's premises, the retail customer is
the thermal host for that facility and the facility has been
designed to meet that retail customer's thermal energy
requirements resulting in electrical output beyond that retail
customer's electrical demand at that premises, comply with the
operating and efficiency standards applicable to "qualifying
facilities" specified in title 18 Code of Federal Regulations
Section 292.205 as in effect on the effective date of this
amendatory Act of 1999;
(iii) the retail customer on whose premises the facilities
are located either has an exclusive right to receive, and
corresponding obligation to pay for, all of the electrical
capacity of the facility, or in the case of a cogeneration
facility that has been designed to meet the retail customer's
thermal energy requirements at that premises, an identified
5944 JOURNAL OF THE [May 26, 1999]
amount of the electrical capacity of the facility, over a minimum
5-year period; and
(iv) if the cogeneration facility is sized for the retail
customer's thermal load at that premises but exceeds the
electrical load, any sales of excess power or energy are made
only at wholesale, are subject to the jurisdiction of the Federal
Energy Regulatory Commission, and are not for the purpose of
circumventing the provisions of this subsection (f).
If a generation facility located at a retail customer's premises does
not meet the above criteria, an electric utility implementing
transition charges shall implement a transition charge until December
31, 2006 for any power and energy taken by such retail customer from
such facility as if such power and energy had been delivered by the
electric utility. Provided, however, that an industrial retail
customer that is taking power from a generation facility that does
not meet the above criteria but that is located on such customer's
premises will not be subject to a transition charge for the power and
energy taken by such retail customer from such generation facility if
the facility does not serve any other retail customer and either was
installed on behalf of the customer and for its own use prior to
January 1, 1997, or is both predominantly fueled by byproducts of
such customer's manufacturing process at such premises and sells or
offers an average of 300 megawatts or more of electricity produced
from such generation facility into the wholesale market. Such charges
shall be calculated as provided in Section 16-102, and shall be
collected on each kilowatt-hour delivered under a delivery services
tariff to a retail customer from the date the customer first takes
delivery services until December 31, 2006 except as provided in
subsection (h) of this Section. Provided, however, that an electric
utility, other than an electric utility providing service to at least
1,000,000 customers in this State on January 1, 1999, shall be
entitled to petition for entry of an order by the Commission
authorizing the electric utility to implement transition charges for
an additional period ending no later than December 31, 2008. The
electric utility shall file its petition with supporting evidence no
earlier than 16 months, and no later than 12 months, prior to
December 31, 2006. The Commission shall hold a hearing on the
electric utility's petition and shall enter its order no later than 8
months after the petition is filed. The Commission shall determine
whether and to what extent the electric utility shall be authorized
to implement transition charges for an additional period. The
Commission may authorize the electric utility to implement transition
charges for some or all of the additional period, and shall determine
the mitigation factors to be used in implementing such transition
charges; provided, that the Commission shall not authorize mitigation
factors less than 110% of those in effect during the 12 months ended
December 31, 2006. In making its determination, the Commission shall
consider the following factors: the necessity to implement
transition charges for an additional period in order to maintain the
financial integrity of the electric utility; the prudence of the
electric utility's actions in reducing its costs since the effective
date of this amendatory Act of 1997; the ability of the electric
utility to provide safe, adequate and reliable service to retail
customers in its service area; and the impact on competition of
allowing the electric utility to implement transition charges for the
additional period.
(g) The electric utility shall file tariffs that establish the
transition charges to be paid by each class of customers to the
electric utility in conjunction with the provision of delivery
services. The electric utility's tariffs shall define the classes of
its customers for purposes of calculating transition charges. The
HOUSE OF REPRESENTATIVES 5945
electric utility's tariffs shall provide for the calculation of
transition charges on a customer-specific basis for any retail
customer whose average monthly maximum electrical demand on the
electric utility's system during the 6 months with the customer's
highest monthly maximum electrical demands equals or exceeds 3.0
megawatts for electric utilities having more than 1,000,000
customers, and for other electric utilities for any customer that has
an average monthly maximum electrical demand on the electric
utility's system of one megawatt or more, and (A) for which there
exists data on the customer's usage during the 3 years preceding the
date that the customer became eligible to take delivery services, or
(B) for which there does not exist data on the customer's usage
during the 3 years preceding the date that the customer became
eligible to take delivery services, if in the electric utility's
reasonable judgment there exists comparable usage information or a
sufficient basis to develop such information, and further provided
that the electric utility can require customers for which an
individual calculation is made to sign contracts that set forth the
transition charges to be paid by the customer to the electric utility
pursuant to the tariff.
(h) An electric utility shall also be entitled to file tariffs
that allow it to collect transition charges from retail customers in
the electric utility's service area that do not take delivery
services but that take electric power or energy from an alternative
retail electric supplier or from an electric utility other than the
electric utility in whose service area the customer is located. Such
charges shall be calculated, in accordance with the definition of
transition charges in Section 16-102, for the period of time that the
customer would be obligated to pay transition charges if it were
taking delivery services, except that no deduction for delivery
services revenues shall be made in such calculation, and usage data
from the customer's class shall be used where historical usage data
is not available for the individual customer. The customer shall be
obligated to pay such charges on a lump sum basis on or before the
date on which the customer commences to take service from the
alternative retail electric supplier or other electric utility,
provided, that the electric utility in whose service area the
customer is located shall offer the customer the option of signing a
contract pursuant to which the customer pays such charges ratably
over the period in which the charges would otherwise have applied.
(i) An electric utility shall be entitled to add to the bills of
delivery services customers charges pursuant to Sections 9-221, 9-222
(except as provided in Section 9-222.1), and Section 16-114 of this
Act, Section 5-5 of the Electricity Infrastructure Maintenance Fee
Law, Section 6-5 of the Renewable Energy, Energy Efficiency, and Coal
Resources Development Law of 1997, and Section 13 of the Energy
Assistance Act of 1989.
(j) If a retail customer that obtains electric power and energy
from cogeneration or self-generation facilities installed for its own
use on or before January 1, 1997, subsequently takes service from an
alternative retail electric supplier or an electric utility other
than the electric utility in whose service area the customer is
located for any portion of the customer's electric power and energy
requirements formerly obtained from those facilities (including that
amount purchased from the utility in lieu of such generation and not
as standby power purchases, under a cogeneration displacement tariff
in effect as of the effective date of this amendatory Act of 1997),
the transition charges otherwise applicable pursuant to subsections
(f), (g), or (h) of this Section shall not be applicable in any year
to that portion of the customer's electric power and energy
requirements formerly obtained from those facilities, provided, that
5946 JOURNAL OF THE [May 26, 1999]
for purposes of this subsection (j), such portion shall not exceed
the average number of kilowatt-hours per year obtained from the
cogeneration or self-generation facilities during the 3 years prior
to the date on which the customer became eligible for delivery
services, except as provided in subsection (f) of Section 16-110.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/16-110)
Sec. 16-110. Delivery services customer power purchase options.
(a) Each electric utility shall offer a tariffed service or
services in accordance with the terms and conditions set forth in
this Section pursuant to which its non-residential delivery services
customers may purchase from the electric utility an amount of
electric power and energy that is equal to or less than the amounts
that are delivered by such electric utility.
(b) Except as provided in subsection (o) of Section 16-112, a
non-residential delivery services customer that is paying transition
charges to the electric utility shall be permitted to purchase
electric power and energy from the electric utility at a price or
prices equal to the sum of (i) the market values that are determined
for the electric utility in accordance with Section 16-112 and used
by the electric utility to calculate the customer's transition
charges and (ii) a fee that compensates the electric utility for any
administrative costs it incurs in arranging to supply such electric
power and energy. The electric utility may require that the customer
purchase such electric power and energy for periods of not less than
one year and may also require that the customer give up to 30 days
notice for a purchase of one year's duration, and 90 days notice for
a purchase of more than one year's duration. A non-residential
delivery service customer exercising the option described in this
subsection may sell or assign its interests in the electric power or
energy that the customer has purchased. In the case of any such
assignment or sale by any non-residential delivery service customer
to an alternative retail electric supplier that is serving such
customer and has been certified pursuant to Section 16-115, an
electric utility serving more than 500,000 customers shall provide
such power and energy at the same market value as set forth in clause
(i) of this subsection, together with the fee charged under clause
(ii) of this subsection, less any costs included in such market value
or fee with respect to retail marketing activities, provided,
however, that in no event shall an electric utility be required after
June 1, 2002 to provide power and energy at this market value plus
fee that excludes marketing costs for any such assignment or sale by
a non-residential customer to an alternative retail electric
supplier. At least twice per year, each electric utility shall notify
its small commercial retail customers, through bill inserts and other
similar means, of their option to obtain electric power and energy
through purchases at market value pursuant to this subsection.
(c) After the transition charge period applicable to a
non-residential delivery services customer, and until the provision
of electric power and energy is declared competitive for the customer
group to which the customer belongs, a non-residential delivery
services customer that paid any transition charges it was legally
obligated to pay to an electric utility shall be permitted to
purchase electric power and energy from the electric utility for
contract periods of one year at a price or prices equal to the sum of
(i) the market value determined for that customer's class pursuant to
Section 16-112 and (ii) to the extent it is not included in such
market value, a fee to compensate the electric utility for the
service of arranging the supply or purchase of such electric power
and energy. The electric utility may require that a delivery
services customer give the following notice for such a purchase: (i)
HOUSE OF REPRESENTATIVES 5947
for a small commercial retail customer, not more than 30 days; (ii)
for a nonresidential customer which is not a small commercial retail
customer but which has maximum electrical demand of less than 500
kilowatts, not more than 6 months; (iii) for a nonresidential
customer with maximum electrical demand of 500 kilowatts or more but
less than one megawatt, not more than 9 months; and (iv) for a
nonresidential customer with maximum electrical demand of one
megawatt or more, not more than one year. At least twice per year,
each electric utility shall notify its small commercial retail
customers, through bill inserts or other similar means, of their
option to obtain electric power and energy through purchases at
market value pursuant to this subsection.
(d) After the transition charge period applicable to a
non-residential delivery services customer, and until the provision
of electric power and energy is declared competitive for the customer
group to which the customer belongs, a non-residential delivery
services customer, other than a small commercial retail customer,
that paid any transition charges it was legally obligated to pay to
an electric utility shall be permitted to purchase electric power and
energy from the electric utility for contract periods of one year at
a price or prices equal to (A) the sum of (i) the electric utility's
actual cost of procuring such electric power and energy and (ii) a
broker's fee to compensate the electric utility for arranging the
supply, or, if the utility so elects, (B) the market value of
electric power or energy provided by the electric utility determined
as set forth in the electric utility's tariff for that customer's
class. The electric utility may require that the delivery services
customer give up to 30 days notice for such a purchase.
(e) Each delivery services customer purchasing electric power
and energy from the electric utility pursuant to a tariff filed in
accordance with this Section shall also pay all of the applicable
charges set forth in the electric utility's delivery services tariffs
and any other tariffs applicable to the services provided to that
customer by the electric utility.
(f) An electric utility can require a retail customer taking
delivery services that formerly generated electric power and energy
for its own use and that would not otherwise pay transition charges
on a portion of its electric power and energy requirements served on
delivery services to pay transition charges on that portion of the
customer's electric power and energy requirements as a condition of
exercising the delivery services customer power purchase options set
forth in this Section.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/16-111)
Sec. 16-111. Rates and restructuring transactions during
mandatory transition period.
(a) During the mandatory transition period, notwithstanding any
provision of Article IX of this Act, and except as provided in
subsections (b), (d), (e), and (f) of this Section, the Commission
shall not (i) initiate, authorize or order any change by way of
increase (other than in connection with a request for rate increase
which was filed after September 1, 1997 but prior to October 15,
1997, by an electric utility serving less than 12,500 customers in
this state), (ii) initiate or, unless requested by the electric
utility, authorize or order any change by way of decrease,
restructuring or unbundling (except as provided in Section 16-109A),
in the rates of any electric utility that were in effect on October
1, 1996, or (iii) in any order approving any application for a merger
pursuant to Section 7-204 that was pending as of May 16, 1997, impose
any condition requiring any filing for an increase, decrease, or
change in, or other review of, an electric utility's rates or enforce
5948 JOURNAL OF THE [May 26, 1999]
any such condition of any such order; provided, however, that this
subsection shall not prohibit the Commission from:
(1) approving the application of an electric utility to
implement an alternative to rate of return regulation or a
regulatory mechanism that rewards or penalizes the electric
utility through adjustment of rates based on utility performance,
pursuant to Section 9-244;
(2) authorizing an electric utility to eliminate its fuel
adjustment clause and adjust its base rate tariffs in accordance
with subsection (b), (d), or (f) of Section 9-220 of this Act, to
fix its fuel adjustment factor in accordance with subsection (c)
of Section 9-220 of this Act, or to eliminate its fuel adjustment
clause in accordance with subsection (e) of Section 9-220 of this
Act;
(3) ordering into effect tariffs for delivery services and
transition charges in accordance with Sections 16-104 and 16-108,
for real-time pricing in accordance with Section 16-107, or the
options required by Section 16-110 and subsection (n) of 16-112,
allowing a billing experiment in accordance with Section 16-106,
or modifying delivery services tariffs in accordance with Section
16-109; or
(4) ordering or allowing into effect any tariff to recover
charges pursuant to Sections 9-201.5, 9-220.1, 9-221, 9-222
(except as provided in Section 9-222.1), 16-108, and 16-114 of
this Act, Section 5-5 of the Electricity Infrastructure
Maintenance Fee Law, Section 6-5 of the Renewable Energy, Energy
Efficiency, and Coal Resources Development Law of 1997, and
Section 13 of the Energy Assistance Act of 1989.
(b) Notwithstanding the provisions of subsection (a), each
Illinois electric utility serving more than 12,500 customers in
Illinois shall file tariffs (i) reducing, effective August 1, 1998,
each component of its base rates to residential retail customers by
15% from the base rates in effect immediately prior to January 1,
1998 and (ii) if the public utility provides electric service to (A)
more than 500,000 customers but less than 1,000,000 customers in this
State on January 1, 1999 the effective date of this amendatory Act of
1997, reducing, effective May 1, 2002, each component of its base
rates to residential retail customers by an additional 5% from the
base rates in effect immediately prior to January 1, 1998, or (B) at
least 1,000,000 customers in this State on January 1, 1999, reducing,
effective October 1, 2001, each component of its base rates to
residential retail customers by an additional 5% from the base rates
in effect immediately prior to January 1, 1998. Provided, however,
that (A) if an electric utility's average residential retail rate is
less than or equal to the average residential retail rate for a group
of Midwest Utilities (consisting of all investor-owned electric
utilities with annual system peaks in excess of 1000 megawatts in the
States of Illinois, Indiana, Iowa, Kentucky, Michigan, Missouri,
Ohio, and Wisconsin), based on data reported on Form 1 to the Federal
Energy Regulatory Commission for calendar year 1995, then it shall
only be required to file tariffs (i) reducing, effective August 1,
1998, each component of its base rates to residential retail
customers by 5% from the base rates in effect immediately prior to
January 1, 1998, (ii) reducing, effective October 1, 2000, each
component of its base rates to residential retail customers by the
lesser of 5% of the base rates in effect immediately prior to January
1, 1998 or the percentage by which the electric utility's average
residential retail rate exceeds the average residential retail rate
of the Midwest Utilities, based on data reported on Form 1 to the
Federal Energy Regulatory Commission for calendar year 1999, and
(iii) reducing, effective October 1, 2002, each component of its base
HOUSE OF REPRESENTATIVES 5949
rates to residential retail customers by an additional amount equal
to the lesser of 5% of the base rates in effect immediately prior to
January 1, 1998 or the percentage by which the electric utility's
average residential retail rate exceeds the average residential
retail rate of the Midwest Utilities, based on data reported on Form
1 to the Federal Energy Regulatory Commission for calendar year 2001;
and (B) if the average residential retail rate of an electric utility
serving between 150,000 and 250,000 retail customers in this State on
January 1, 1995 is less than or equal to 90% of the average
residential retail rate for the Midwest Utilities, based on data
reported on Form 1 to the Federal Energy Regulatory Commission for
calendar year 1995, then it shall only be required to file tariffs
(i) reducing, effective August 1, 1998, each component of its base
rates to residential retail customers by 2% from the base rates in
effect immediately prior to January 1, 1998; (ii) reducing, effective
October 1, 2000, each component of its base rates to residential
retail customers by 2% from the base rate in effect immediately prior
to January 1, 1998; and (iii) reducing, effective October 1, 2002,
each component of its base rates to residential retail customers by
1% from the base rates in effect immediately prior to January 1,
1998. Provided, further, that any electric utility for which a
decrease in base rates has been or is placed into effect between
October 1, 1996 and the dates specified in the preceding sentences of
this subsection, other than pursuant to the requirements of this
subsection, shall be entitled to reduce the amount of any reduction
or reductions in its base rates required by this subsection by the
amount of such other decrease. The tariffs required under this
subsection shall be filed 45 days in advance of the effective date.
Notwithstanding anything to the contrary in Section 9-220 of this
Act, no restatement of base rates in conjunction with the elimination
of a fuel adjustment clause under that Section shall result in a
lesser decrease in base rates than customers would otherwise receive
under this subsection had the electric utility's fuel adjustment
clause not been eliminated.
(c) Any utility reducing its base rates by 15% on August 1, 1998
pursuant to subsection (b) shall include the following statement on
its bills for residential customers from August 1 through December
31, 1998: "Effective August 1, 1998, your rates have been reduced by
15% by the Electric Service Customer Choice and Rate Relief Law of
1997 passed by the Illinois General Assembly.". Any utility reducing
its base rates by 5% on August 1, 1998, pursuant to subsection (b)
shall include the following statement on its bills for residential
customers from August 1 through December 31, 1998: "Effective August
1, 1998, your rates have been reduced by 5% by the Electric Service
Customer Choice and Rate Relief Law of 1997 passed by the Illinois
General Assembly.".
Any utility reducing its base rates by 2% on August 1, 1998
pursuant to subsection (b) shall include the following statement on
its bills for residential customers from August 1 through December
31, 1998: "Effective August 1, 1998, your rates have been reduced by
2% by the Electric Service Customer Choice and Rate Relief Law of
1997 passed by the Illinois General Assembly.".
(d) During the mandatory transition period, but not before
January 1, 2000, and notwithstanding the provisions of subsection
(a), an electric utility may request an increase in its base rates if
the electric utility demonstrates that the 2-year average of its
earned rate of return on common equity, calculated as its net income
applicable to common stock divided by the average of its beginning
and ending balances of common equity using data reported in the
electric utility's Form 1 report to the Federal Energy Regulatory
Commission but adjusted to remove the effects of accelerated
5950 JOURNAL OF THE [May 26, 1999]
depreciation or amortization or other transition or mitigation
measures implemented by the electric utility pursuant to subsection
(g) of this Section and the effect of any refund paid pursuant to
subsection (e) of this Section, is below the 2-year average for the
same 2 years of the monthly average yields of 30-year U.S. Treasury
bonds published by the Board of Governors of the Federal Reserve
System in its weekly H.15 Statistical Release or successor
publication. The Commission shall review the electric utility's
request, and may review the justness and reasonableness of all rates
for tariffed services, in accordance with the provisions of Article
IX of this Act, provided that the Commission shall consider any
special or negotiated adjustments to the revenue requirement agreed
to between the electric utility and the other parties to the
proceeding. In setting rates under this Section, the Commission
shall exclude the costs and revenues that are associated with
competitive services and any billing or pricing experiments conducted
under Section 16-106.
(e) For the purposes of this subsection (e) all calculations and
comparisons shall be performed for the Illinois operations of
multijurisdictional utilities. During the mandatory transition
period, notwithstanding the provisions of subsection (a), if the
2-year average of an electric utility's earned rate of return on
common equity, calculated as its net income applicable to common
stock divided by the average of its beginning and ending balances of
common equity using data reported in the electric utility's Form 1
report to the Federal Energy Regulatory Commission but adjusted to
remove the effect of any refund paid under this subsection (e), and
further adjusted to include the annual amortization of any difference
between the consideration received by an affiliated interest of the
electric utility in the sale of an asset which had been sold or
transferred by the electric utility to the affiliated interest
subsequent to the effective date of this amendatory Act of 1997 and
the consideration for which such asset had been sold or transferred
to the affiliated interest, with such difference to be amortized
ratably from the date of the sale by the affiliated interest to
December 31, 2006, exceeds the 2-year average of the Index for the
same 2 years by 1.5 or more percentage points, the electric utility
shall make refunds to customers beginning the first billing day of
April in the following year in the manner described in paragraph (3)
of this subsection. For purposes of this subsection (e), the "Index"
shall be the sum of (A) the average for the 12 months ended September
30 of the monthly average yields of 30-year U.S. Treasury bonds
published by the Board of Governors of the Federal Reserve System in
its weekly H.15 Statistical Release or successor publication for each
year 1998 through 2004, and (B) (i) 4.00 percentage points for each
of the 12-month periods ending September 30, 1998 through September
30, 1999 or 8.00 percentage points if the electric utility's average
residential retail rate is less than or equal to 90% of the average
residential retail rate for the "Midwest Utilities", as that term is
defined in subsection (b) of this Section, based on data reported on
Form 1 to the Federal Energy Regulatory Commission for calendar year
1995, and the electric utility served between 150,000 and 250,000
retail customers on January 1, 1995, or (ii) 7.00 5.00 percentage
points for each of the 12-month periods ending September 30, 2000
through September 30, 2004 if the electric utility was providing
service to at least 1,000,000 customers in this State on January 1,
1999, or 9.00 percentage points if the electric utility's average
residential retail rate is less than or equal to 90% of the average
residential retail rate for the "Midwest Utilities", as that term is
defined in subsection (b) of this Section, based on data reported on
Form 1 to the Federal Energy Regulatory Commission for calendar year
HOUSE OF REPRESENTATIVES 5951
1995 and the electric utility served between 150,000 and 250,000
retail customers in this State on January 1, 1995, (iii) 11.00
percentage points for each of the 12-month periods ending September
30, 2000 through September 30, 2004, but only if the electric
utility's average residential retail rate is less than or equal to
90% of the average residential retail rate for the "Midwest
Utilities", as that term is defined in subsection (b) of this
Section, based on data reported on Form 1 to the Federal Energy
Regulatory Commission for calendar year 1995, the electric utility
served between 150,000 and 250,000 retail customers in this State on
January 1, 1995, and the electric utility offers delivery services on
or before June 1, 2000 to retail customers whose annual electric
energy use comprises 33% of the kilowatt hour sales to that group of
retail customers that are classified under Division D, Groups 20
through 39 of the Standard Industrial Classifications set forth in
the Standard Industrial Classification Manual published by the United
States Office of Management and Budget, excluding the kilowatt hour
sales to those customers that are eligible for delivery services
pursuant to Section 16-104(a)(1)(i), and offers delivery services to
its remaining retail customers classified under Division D, Groups 20
through 39 on or before October 1, 2000, and, provided further, that
the electric utility commits not to petition pursuant to Section
16-108(f) for entry of an order by the Commission authorizing the
electric utility to implement transition charges for an additional
period after December 31, 2006, or (iv) 5.00 percentage points for
each of the 12-month periods ending September 30, 2000 through
September 30, 2004 for all other electric utilities or 7.00
percentage points for such utilities for each of the 12-month periods
ending September 30, 2000 through September 30, 2004 for any such
utility that commits not to petition pursuant to Section 16-108(f)
for entry of an order by the Commission authorizing the electric
utility to implement transition charges for an additional period
after December 31, 2006.
(1) For purposes of this subsection (e), "excess earnings"
means the difference between (A) the 2-year average of the
electric utility's earned rate of return on common equity, less
(B) the 2-year average of the sum of (i) the Index applicable to
each of the 2 years and (ii) 1.5 percentage points; provided,
that "excess earnings" shall never be less than zero.
(2) On or before March 31 of each year 2000 through 2005
each electric utility shall file a report with the Commission
showing its earned rate of return on common equity, calculated in
accordance with this subsection, for the preceding calendar year
and the average for the preceding 2 calendar years.
(3) If an electric utility has excess earnings, determined
in accordance with paragraphs (1) and (2) of this subsection, the
refunds which the electric utility shall pay to its customers
beginning the first billing day of April in the following year
shall be calculated and applied as follows:
(i) The electric utility's excess earnings shall be
multiplied by the average of the beginning and ending
balances of the electric utility's common equity for the
2-year period in which excess earnings occurred.
(ii) The result of the calculation in (i) shall be
multiplied by 0.50 and then divided by a number equal to 1
minus the electric utility's composite federal and State
income tax rate.
(iii) The result of the calculation in (ii) shall be
divided by the sum of the electric utility's projected total
kilowatt-hour sales to retail customers plus projected
kilowatt-hours to be delivered to delivery services
5952 JOURNAL OF THE [May 26, 1999]
customers over a one year period beginning with the first
billing date in April in the succeeding year to determine a
cents per kilowatt-hour refund factor.
(iv) The cents per kilowatt-hour refund factor
calculated in (iii) shall be credited to the electric
utility's customers by applying the factor on the customer's
monthly bills to each kilowatt-hour sold or delivered until
the total amount calculated in (ii) has been paid to
customers.
(f) During the mandatory transition period, an electric utility
may file revised tariffs reducing the price of any tariffed service
offered by the electric utility for all customers taking that
tariffed service, which shall be effective 7 days after filing.
(g) During the mandatory transition period, an electric utility
may, without obtaining any approval of the Commission other than that
provided for in this subsection and notwithstanding any other
provision of this Act or any rule or regulation of the Commission
that would require such approval:
(1) implement a reorganization, other than a merger of 2 or
more public utilities as defined in Section 3-105 or their
holding companies;
(2) retire generating plants from service;
(3) sell, assign, lease or otherwise transfer assets to an
affiliated or unaffiliated entity and as part of such transaction
enter into service agreements, power purchase agreements, or
other agreements with the transferee; provided, however, that the
prices, terms and conditions of any power purchase agreement must
be approved or allowed into effect by the Federal Energy
Regulatory Commission; or
(4) use any accelerated cost recovery method including
accelerated depreciation, accelerated amortization or other
capital recovery methods, or record reductions to the original
cost of its assets.
In order to implement a reorganization, retire generating plants
from service, or sell, assign, lease or otherwise transfer assets
pursuant to this Section, the electric utility shall comply with
subsections (c) and (d) of Section 16-128, if applicable, and
subsection (k) of this Section, if applicable, and provide the
Commission with at least 30 days notice of the proposed
reorganization or transaction, which notice shall include the
following information:
(i) a complete statement of the entries that the
electric utility will make on its books and records of
account to implement the proposed reorganization or
transaction together with a certification from an
independent certified public accountant that such entries
are in accord with generally accepted accounting principles
and, if the Commission has previously approved guidelines
for cost allocations between the utility and its affiliates,
a certification from the chief accounting officer of the
utility that such entries are in accord with those cost
allocation guidelines;
(ii) a description of how the electric utility will
use proceeds of any sale, assignment, lease or transfer to
retire debt or otherwise reduce or recover the costs of
services provided by such electric utility;
(iii) a list of all federal approvals or approvals
required from departments and agencies of this State, other
than the Commission, that the electric utility has or will
obtain before implementing the reorganization or
transaction;
HOUSE OF REPRESENTATIVES 5953
(iv) an irrevocable commitment by the electric utility
that it will not, as a result of the transaction, impose any
stranded cost charges that it might otherwise be allowed to
charge retail customers under federal law or increase the
transition charges that it is otherwise entitled to collect
under this Article XVI; and
(v) if the electric utility proposes to sell, assign,
lease or otherwise transfer a generating plant that brings
the amount of net dependable generating capacity transferred
pursuant to this subsection to an amount equal to or greater
than 15% of the electric utility's net dependable capacity
as of the effective date of this amendatory Act of 1997, and
enters into a power purchase agreement with the entity to
which such generating plant is sold, assigned, leased, or
otherwise transferred, the electric utility also agrees, if
its fuel adjustment clause has not already been eliminated,
to eliminate its fuel adjustment clause in accordance with
subsection (b) of Section 9-220 for a period of time equal
to the length of any such power purchase agreement or
successor agreement, or until January 1, 2005, whichever is
longer; if the capacity of the generating plant so
transferred and related power purchase agreement does not
result in the elimination of the fuel adjustment clause
under this subsection, and the fuel adjustment clause has
not already been eliminated, the electric utility shall
agree that the costs associated with the transferred plant
that are included in the calculation of the rate per
kilowatt-hour to be applied pursuant to the electric
utility's fuel adjustment clause during such period shall
not exceed the per kilowatt-hour cost associated with such
generating plant included in the electric utility's fuel
adjustment clause during the full calendar year preceding
the transfer, with such limit to be adjusted each year
thereafter by the Gross Domestic Product Implicit Price
Deflator.
(vi) In addition, if the electric utility proposes to
sell, assign, or lease, (A) either (1) an amount of
generating plant that brings the amount of net dependable
generating capacity transferred pursuant to this subsection
to an amount equal to or greater than 15% of its net
dependable capacity on the effective date of this amendatory
Act of 1997, or (2) one or more generating plants with a
total net dependable capacity of 1100 megawatts, or (B)
transmission and distribution facilities that either (1)
bring the amount of transmission and distribution facilities
transferred pursuant to this subsection to an amount equal
to or greater than 15% of the electric utility's total
depreciated original cost investment in such facilities, or
(2) represent an investment of $25,000,000 in terms of total
depreciated original cost, the electric utility shall
provide, in addition to the information listed in
subparagraphs (i) through (v), the following information:
(A) a description of how the electric utility will meet its
service obligations under this Act in a safe and reliable
manner and (B) the electric utility's projected earned rate
of return on common equity, calculated in accordance with
subsection (d) of this Section, for each year from the date
of the notice through December 31, 2004 both with and
without the proposed transaction. If the Commission has not
issued an order initiating a hearing on the proposed
transaction within 30 days after the date the electric
5954 JOURNAL OF THE [May 26, 1999]
utility's notice is filed, the transaction shall be deemed
approved. The Commission may, after notice and hearing,
prohibit the proposed transaction if it makes either or both
of the following findings: (1) that the proposed transaction
will render the electric utility unable to provide its
tariffed services in a safe and reliable manner, or (2) that
there is a strong likelihood that consummation of the
proposed transaction will result in the electric utility
being entitled to request an increase in its base rates
during the mandatory transition period pursuant to
subsection (d) of this Section. Any hearing initiated by
the Commission into the proposed transaction shall be
completed, and the Commission's final order approving or
prohibiting the proposed transaction shall be entered,
within 90 days after the date the electric utility's notice
was filed. Provided, however, that a sale, assignment, or
lease of transmission facilities to an independent system
operator that meets the requirements of Section 16-126 shall
not be subject to Commission approval under this Section.
In any proceeding conducted by the Commission pursuant
to this subparagraph (vi), intervention shall be limited to
parties with a direct interest in the transaction which is
the subject of the hearing and any statutory consumer
protection agency as defined in subsection (d) of Section
9-102.1. Notwithstanding the provisions of Section 10-113
of this Act, any application seeking rehearing of an order
issued under this subparagraph (vi), whether filed by the
electric utility or by an intervening party, shall be filed
within 10 days after service of the order.
The Commission shall not in any subsequent proceeding or
otherwise, review such a reorganization or other transaction
authorized by this Section, but shall retain the authority to
allocate costs as stated in Section 16-111(i). An entity to which an
electric utility sells, assigns, leases or transfers assets pursuant
to this subsection (g) shall not, as a result of the transactions
specified in this subsection (g), be deemed a public utility as
defined in Section 3-105. Nothing in this subsection (g) shall
change any requirement under the jurisdiction of the Illinois
Department of Nuclear Safety including, but not limited to, the
payment of fees. Nothing in this subsection (g) shall exempt a
utility from obtaining a certificate pursuant to Section 8-406 of
this Act for the construction of a new electric generating facility.
Nothing in this subsection (g) is intended to exempt the transactions
hereunder from the operation of the federal or State antitrust laws.
Nothing in this subsection (g) shall require an electric utility to
use the procedures specified in this subsection for any of the
transactions specified herein. Any other procedure available under
this Act may, at the electric utility's election, be used for any
such transaction.
(h) During the mandatory transition period, the Commission shall
not establish or use any rates of depreciation, which for purposes of
this subsection shall include amortization, for any electric utility
other than those established pursuant to subsection (c) of Section
5-104 of this Act or utilized pursuant to subsection (g) of this
Section. Provided, however, that in any proceeding to review an
electric utility's rates for tariffed services pursuant to Section
9-201, 9-202, 9-250 or 16-111(d) of this Act, the Commission may
establish new rates of depreciation for the electric utility in the
same manner provided in subsection (d) of Section 5-104 of this Act.
An electric utility implementing an accelerated cost recovery method
including accelerated depreciation, accelerated amortization or other
HOUSE OF REPRESENTATIVES 5955
capital recovery methods, or recording reductions to the original
cost of its assets, pursuant to subsection (g) of this Section, shall
file a statement with the Commission describing the accelerated cost
recovery method to be implemented or the reduction in the original
cost of its assets to be recorded. Upon the filing of such
statement, the accelerated cost recovery method or the reduction in
the original cost of assets shall be deemed to be approved by the
Commission as though an order had been entered by the Commission.
(i) Subsequent to the mandatory transition period, the
Commission, in any proceeding to establish rates and charges for
tariffed services offered by an electric utility, shall consider only
(1) the then current or projected revenues, costs, investments and
cost of capital directly or indirectly associated with the provision
of such tariffed services; (2) collection of transition charges in
accordance with Sections 16-102 and 16-108 of this Act; (3) recovery
of any employee transition costs as described in Section 16-128 which
the electric utility is continuing to incur, including recovery of
any unamortized portion of such costs previously incurred or
committed, with such costs to be equitably allocated among bundled
services, delivery services, and contracts with alternative retail
electric suppliers; and (4) recovery of the costs associated with the
electric utility's compliance with decommissioning funding
requirements; and shall not consider any other revenues, costs,
investments or cost of capital of either the electric utility or of
any affiliate of the electric utility that are not associated with
the provision of tariffed services. In setting rates for tariffed
services, the Commission shall equitably allocate joint and common
costs and investments between the electric utility's competitive and
tariffed services. In determining the justness and reasonableness of
the electric power and energy component of an electric utility's
rates for tariffed services subsequent to the mandatory transition
period and prior to the time that the provision of such electric
power and energy is declared competitive, the Commission shall
consider the extent to which the electric utility's tariffed rates
for such component for each customer class exceed the market value
determined pursuant to Section 16-112, and, if the electric power and
energy component of such tariffed rate exceeds the market value by
more than 10% for any customer class, may establish such electric
power and energy component at a rate equal to the market value plus
10%. In any such case, the Commission may also elect to extend the
provisions of Section 16-111(e) for any period in which the electric
utility is collecting transition charges, using information
applicable to such period.
(j) During the mandatory transition period, an electric utility
may elect to transfer to a non-operating income account under the
Commission's Uniform System of Accounts either or both of (i) an
amount of unamortized investment tax credit that is in addition to
the ratable amount which is credited to the electric utility's
operating income account for the year in accordance with Section
46(f)(2) of the federal Internal Revenue Code of 1986, as in effect
prior to P.L. 101-508, or (ii) "excess tax reserves", as that term is
defined in Section 203(e)(2)(A) of the federal Tax Reform Act of
1986, provided that (A) the amount transferred may not exceed the
amount of the electric utility's assets that were created pursuant to
Statement of Financial Accounting Standards No. 71 which the electric
utility has written off during the mandatory transition period, and
(B) the transfer shall not be effective until approved by the
Internal Revenue Service. An electric utility electing to make such
a transfer shall file a statement with the Commission stating the
amount and timing of the transfer for which it intends to request
approval of the Internal Revenue Service, along with a copy of its
5956 JOURNAL OF THE [May 26, 1999]
proposed request to the Internal Revenue Service for a ruling. The
Commission shall issue an order within 14 days after the electric
utility's filing approving, subject to receipt of approval from the
Internal Revenue Service, the proposed transfer.
(k) If an electric utility is selling or transferring to a
single buyer 5 or more generating plants located in this State with a
total net dependable capacity of 5000 megawatts or more pursuant to
subsection (g) of this Section and has obtained a sale price or
consideration that exceeds 200% of the book value of such plants, the
electric utility must provide to the Governor, the President of the
Illinois Senate, the Minority Leader of the Illinois Senate, the
Speaker of the Illinois House of Representatives, and the Minority
Leader of the Illinois House of Representatives no later than 15 days
after filing its notice under subsection (g) of this Section or 5
days after the date on which this subsection (k) becomes law,
whichever is later, a written commitment in which such electric
utility agrees to expend $2 billion outside the corporate limits of
any municipality with 1,000,000 or more inhabitants within such
electric utility's service area, over a 6-year period beginning with
the calendar year in which the notice is filed, on projects,
programs, and improvements within its service area relating to
transmission and distribution including, without limitation,
infrastructure expansion, repair and replacement, capital
investments, operations and maintenance, and vegetation management.
(Source: P.A. 90-561, eff. 12-16-97; 90-563, eff. 12-16-97.)
(220 ILCS 5/16-111.1 new)
Sec. 16-111.1. Illinois Clean Energy Community Trust.
(a) An electric utility which has sold or transferred generating
facilities in a transaction to which subsection (k) of Section 16-111
applies is authorized to establish an Illinois clean energy community
trust or foundation for the purposes of providing financial support
and assistance to entities, public or private, within the State of
Illinois including, but not limited to, units of State and local
government, educational institutions, corporations, and charitable,
educational, environmental and community organizations, for programs
and projects that benefit the public by improving energy efficiency,
developing renewable energy resources, supporting other energy
related projects that improve the State's environmental quality, and
supporting projects and programs intended to preserve or enhance the
natural habitats and wildlife areas of the State. Provided, however,
that the trust or foundation funds shall not be used for the
remediation of environmentally impaired property. The trust or
foundation may also assist in identifying other energy and
environmental grant opportunities.
(b) Such trust or foundation shall be governed by a declaration
of trust or articles of incorporation and by- laws which shall, at a
minimum, provide that:
(1) There shall be 6 voting trustees of the trust or
foundation, one of whom shall be appointed by the Governor, one
of whom shall be appointed by the President of the Illinois
Senate, one of whom shall be appointed by the Minority Leader of
the Illinois Senate, one of whom shall be appointed by the
Speaker of the Illinois House of Representatives, one of whom
shall be appointed by the Minority Leader of the Illinois House
of Representatives, and one of whom shall be appointed by the
electric utility establishing the trust or foundation, provided
that the voting trustee appointed by the utility shall be a
representative of a recognized environmental action group
selected by the utility. The Governor shall select one of the 6
voting trustees, once appointed, to be the first chairman of the
trust or foundation pending the first election of officers. In
HOUSE OF REPRESENTATIVES 5957
addition, there shall be 4 non-voting trustees, one of whom shall
be appointed by the Director of the Department of Commerce and
Community Affairs, one of whom shall be appointed by the Director
of the Illinois Environmental Protection Agency, one of whom
shall be appointed by the Director of the Department of Natural
Resources, and one of whom shall be appointed by the electric
utility establishing the trust or foundation, provided that the
non-voting trustee appointed by the utility shall bring financial
expertise to the trust or foundation and shall have appropriate
credentials therefor.
(2) All voting trustees and the non-voting trustee with
financial expertise shall be entitled to compensation for their
services as trustees, provided, however, that no member of the
General Assembly and no employee of the electric utility
establishing the trust or foundation serving as a voting trustee
shall receive any compensation for his or her services as a
trustee, and provided further that the compensation to the
chairman of the trust shall not exceed $25,000 annually and the
compensation to any other trustee shall not exceed $20,000
annually. All trustees shall be entitled to reimbursement for
reasonable expenses incurred on behalf of the trust in the
performance of their duties as trustees. All such compensation
and reimbursements shall be paid out of the trust.
(3) Trustees shall be appointed within 30 days after the
creation of the trust or foundation and shall serve for a term of
5 years commencing upon the date of their respective
appointments, until their respective successors are appointed and
qualified.
(4) A vacancy in the office of trustee shall be filled by
the person holding the office responsible for appointing the
trustee whose death or resignation creates the vacancy, and a
trustee appointed to fill a vacancy shall serve the remainder of
the term of the trustee whose resignation or death created the
vacancy.
(5) The trust or foundation shall have an indefinite term,
and shall terminate at such time as no trust assets remain.
(6) The trust or foundation shall be funded in the minimum
amount of $250,000,000, with the allocation and disbursement of
funds for the various purposes for which the trust or foundation
is established to be determined by the trustees in accordance
with the declaration of trust or the articles of incorporation
and by-laws; provided, however, that this amount may be reduced
by up to $25,000,000 if, at the time the trust or foundation is
funded, a corresponding amount is contributed by the electric
utility establishing the trust or foundation to the Board of
Trustees of Southern Illinois University for the purpose of
funding programs or projects related to clean coal and provided
further that $25,000,000 of the amount contributed to the trust
or foundation shall be available to fund programs or projects
related to clean coal.
(7) The trust or foundation shall be authorized to employ
an executive director and other employees, to enter into leases,
contracts and other obligations on behalf of the trust or
foundation, and to incur expenses that the trustees deem
necessary or appropriate for the fulfillment of the purposes for
which the trust or foundation is established, provided, however,
that salaries and administrative expenses incurred on behalf of
the trust or foundation shall not exceed $500,000 in the first
fiscal year after the trust or foundation is established and
shall not exceed $1,000,000 in each subsequent fiscal year.
(8) The trustees may create and appoint advisory boards or
5958 JOURNAL OF THE [May 26, 1999]
committees to assist them with the administration of the trust or
foundation, and to advise and make recommendations to them
regarding the contribution and disbursement of the trust or
foundation funds.
(c)(1) In addition to the allocation and disbursement of funds
for the purposes set forth in subsection (a) of this Section, the
trustees of the trust or foundation shall annually contribute
funds in amounts set forth in subparagraph (2) of this subsection
to the Citizens Utility Board created by the Citizens Utility
Board Act; provided, however, that any such funds shall be used
solely for the representation of the interests of utility
consumers before the Illinois Commerce Commission, the Federal
Energy Regulatory Commission, and the Federal Communications
Commission and for the provision of consumer education on utility
service and prices and on benefits and methods of energy
conservation. Provided, however, that no part of such funds shall
be used to support (i) any lobbying activity, (ii) activities
related to fundraising, (iii) advertising or other marketing
efforts regarding a particular utility, or (iv) solicitation of
support for, or advocacy of, a particular position regarding any
specific utility or a utility's docketed proceeding.
(2) In the calendar year in which the trust or foundation
is first funded, the trustees shall contribute $1,000,000 to the
Citizens Utility Board within 60 days after such trust or
foundation is established; provided, however, that such
contribution shall be made after December 31, 1999. In each of
the 6 calendar years subsequent to the first contribution, if the
trust or foundation is in existence, the trustees shall
contribute to the Citizens Utility Board an amount equal to the
total expenditures by such organization in the prior calendar
year, as set forth in the report filed by the Citizens Utility
Board with the chairman of such trust or foundation as required
by subparagraph (3) of this subsection. Such subsequent
contributions shall be made within 30 days of submission by the
Citizens Utility Board of such report to the Chairman of the
trust or foundation, but in no event shall any annual
contribution by the trustees to the Citizens Utility Board exceed
$1,000,000. Following such 7-year period, an Illinois statutory
consumer protection agency may petition the trust or foundation
for contributions to fund expenditures of the type identified in
paragraph (1), but in no event shall annual contributions by the
trust or foundation for such expenditures exceed $1,000,000.
(3) The Citizens Utility Board shall file a report with the
chairman of such trust or foundation for each year in which it
expends any funds received from the trust or foundation setting
forth the amount of any expenditures (regardless of the source of
funds for such expenditures) for: (i) the representation of the
interests of utility consumers before the Illinois Commerce
Commission, the Federal Energy Regulatory Commission, and the
Federal Communications Commission, and (ii) the provision of
consumer education on utility service and prices and on benefits
and methods of energy conservation. Such report shall separately
state the total amount of expenditures for the purposes or
activities identified by items (i) and (ii) of this paragraph,
the name and address of the external recipient of any such
expenditure, if applicable, and the specific purposes or
activities (including internal purposes or activities) for which
each expenditure was made. Any report required by this
subsection shall be filed with the chairman of such trust or
foundation no later than March 31 of the year immediately
following the year for which the report is required.
HOUSE OF REPRESENTATIVES 5959
(220 ILCS 5/16-111.2 new)
Sec. 16-111.2. Provisions related to proposed utility
transactions.
(a) The General Assembly finds:
(1) A transaction as described in paragraph (3) of this
subsection (a) will contribute to improved reliability of the
electric supply system in Illinois which is one of the key
purposes of the Illinois Electric Service Customer Choice and
Rate Relief Law of 1997.
(2) A transaction as described in paragraph (3) of this
subsection (a) is likely to promote additional investment in the
existing generating assets and in the development of additional
generation capacity in Illinois, and such change in ownership is
in the public interest, consistent with the intent of the
Illinois Electric Service Customer Choice and Rate Relief Law of
1997 and beneficial for the citizens of this State.
(3) As of the date on which this amendatory Act of 1999
becomes law, an electric utility providing service to more than
1,000,000 customers in this State has proposed to sell or
transfer to a single buyer 5 or more generating plants with a
total net dependable capacity of 5000 megawatts or more pursuant
to subsection (g) of Section 16-111.
(4) Such electric utility anticipates receiving a sale
price or consideration as a result of such transaction exceeding
200% of the book value of these plants.
(5) Such electric utility has presented to the Governor and
the leaders of the General Assembly a written commitment in which
such electric utility agrees to expend $2,000,000,000 outside the
corporate limits of any municipality with 1,000,000 or more
inhabitants within such electric utility's service area, over a
6-year period beginning with this calendar year on projects,
programs and improvements within its service area relating to
transmission and distribution including, without limitation,
infrastructure expansion, repair and replacement, capital
investments, operations and maintenance, and vegetation
management.
(6) Such electric utility has committed that, if the sale
or transfer contemplated by paragraph (3) of this subsection is
consummated on or before December 31, 1999, the electric utility
shall make contributions totaling $250,000,000 to entities within
this State for, among other purposes, environmental and clean
coal initiatives pursuant to Section 16-111.1, which commitment
includes a contribution of $25,000,000 to the Board of Trustees
of Southern Illinois University for the purpose of funding
programs or projects related to clean coal.
(b) That, in light of the findings in paragraphs (1) and (2) of
subsection (a) and, in this instance, the circumstances described in
paragraphs (3) through (6) of subsection (a) and otherwise, the
General Assembly hereby finds that allowing the generating facilities
being acquired to be eligible facilities under the provisions of the
National Energy Policy Act of 1992 that apply to exempt wholesale
generators (A) will benefit consumers; (B) is in the public interest;
and (C) does not violate the law of this State.
(c) Nothing in this Section shall have any effect on the
authority of the Commission under subsection (g) of Section 16-111
this Act.
(220 ILCS 5/16-114.1 new)
Sec. 16-114.1. Recovery of decommissioning costs in connection
with nuclear power plant sale agreement.
(a) An electric utility owning a single-unit nuclear power plant
located in this State which enters into an agreement to sell the
5960 JOURNAL OF THE [May 26, 1999]
nuclear power plant and as part of such agreement agrees: (i) to
make contributions to a tax-qualified decommissioning trust or
non-tax qualified decommissioning trust, or both, as defined in
Section 8-508.1 for the nuclear power plant, in specified amounts or
for a specified period of time, after the sale is consummated, or
(ii) to purchase an insurance instrument which provides for the
payment of all or a specified amount of the decommissioning costs of
the nuclear power plant, shall be entitled, in the case of item (i),
to maintain such decommissioning trusts for the purpose of receiving
such contributions after the consummation of the sale, to implement
revisions to its decommissioning rate in accordance with subsection
(b) of this Section, and to transfer such decommissioning trusts, or
the balance in the trusts, to the buyer of the nuclear power plant in
accordance with the agreement of sale, and in the case of item (ii),
to implement revisions to its decommissioning rate in accordance with
subsection (c) of this Section.
(b) An electric utility entering into an agreement of sale
described in subsection (a)(i) of this Section shall be entitled to
file a petition with the Commission for entry of an order authorizing
the electric utility (i) to amortize its liability for
decommissioning costs pursuant to the agreement of sale over the
period of time in which the electric utility is required by such
agreement to make additional contributions to the tax-qualified
decommissioning trust, the non-tax qualified decommissioning trust,
or both, and (ii) to revise its decommissioning rate to a level that
will recover, over the time period specified in the agreement of
sale, an annual amount equal to the electric utility's annual
contributions to the decommissioning trusts which are required by the
agreement of sale multiplied by the percentage of the output of the
nuclear power plant which the agreement of sale obligates the
electric utility to purchase in each such year.
(c) An electric utility entering into an agreement of sale
described in subsection (a)(ii) shall be entitled to file a petition
with the Commission for entry of an order authorizing the electric
utility to revise its decommissioning rate to a level that will
recover, over 5 years, the electric utility's cost of purchasing the
insurance instrument multiplied by the percentage of the output of
the nuclear power plant which the agreement of sale obligates the
electric utility to purchase in each such year.
(d) An electric utility's petition pursuant to subsection (b) or
subsection (c) shall state the percentage of the output of the
nuclear power plant which the agreement of sale obligates the
electric utility to purchase from the new owner of the nuclear power
plant in each of the years for which the electric utility is seeking
to implement a revised decommissioning rate. The electric utility's
petition shall also state that the electric utility agrees, as
conditions of the Commission's order and the implementation of the
revised decommissioning rate, (i) to file revisions, pursuant to
Section 16-111(f), to its base rate tariffs applicable to retail
customers subject to the electric utility's decommissioning rate
reducing such tariffs, and (ii) to file revisions to its transition
charge tariffs applicable to retail customers subject to the electric
utility's decommissioning rate incorporating a credit into the
calculation of the electric utility's transition charges in
accordance with this subsection. The reduction and the credit shall
be in an amount per kilowatt-hour of electricity sold or delivered to
retail customers equal to (i) the electric utility's decommissioning
rate authorized by the Commission's order in accordance with
subsection (b)(ii) or (c), as applicable, less (ii) the product of
the electric utility's decommissioning rate in effect immediately
prior to the agreement of sale multiplied by the percentage of the
HOUSE OF REPRESENTATIVES 5961
output of the nuclear power plant which the agreement of sale
obligates the electric utility to purchase from the new owner of the
nuclear power plant. The Commission shall issue an order granting
the petition within 30 days after the petition is filed. The
Commission's order shall state the aggregate total amount which the
order is authorizing the electric utility to collect through its
decommissioning rate. The Commission's order shall state that the
effectiveness of the revisions to the electric utility's
decommissioning rate shall be conditioned on the filing by the
electric utility of the revisions reducing its base rate tariffs and
providing for credits to its transition charge tariffs as specified
in this subsection. Upon completion of the collection of the total
amount which the Commission's order authorizes the electric utility
to collect through its decommissioning rate, the electric utility
shall not be entitled to collect any further amounts of
decommissioning costs for its nuclear power plant through a
decommissioning rate. Nothing in this Section shall be construed to
permit an increase in the overall tariffed rates and charges paid by
the electric utility's customers.
(e) In addition to the uses of the proceeds of the sale and
issuance of transitional funding instruments authorized by Section
18-103(d)(1), an electric utility which has entered into an agreement
to sell a nuclear power plant may use the proceeds from the sale and
issuance of transitional funding instruments to make contributions,
or to reimburse itself for contributions which the electric utility
has made, to decommissioning trusts in accordance with the agreement
of sale, in an amount not to exceed 20% of the aggregate principal
amount of transitional funding instruments which the electric utility
was authorized to cause to have issued pursuant to Section
18-103(d)(6), including for purposes of this calculation the amount
of any transitional funding instruments which the electric utility
caused to be issued prior to the date of this amendatory Act of 1999.
The use of proceeds authorized by this subsection shall not be
subject to Section 18-103(d)(1)(B) and shall not be considered in
determining if the percentage limitations on the use of proceeds set
forth in the proviso following Section 18-103(d)(1)(E) have been
complied with.
(f) None of the authorizations permitted by this Section may be
exercised if the sale of the nuclear power plant is disapproved by
the Commission.
(220 ILCS 5/16-115)
Sec. 16-115. Certification of alternative retail electric
suppliers.
(a) Any alternative retail electric supplier must obtain a
certificate of service authority from the Commission in accordance
with this Section before serving any retail customer or other user
located in this State. An alternative retail electric supplier may
request, and the Commission may grant, a certificate of service
authority for the entire State or for a specified geographic area of
the State.
(b) An alternative retail electric supplier seeking a
certificate of service authority shall file with the Commission a
verified application containing information showing that the
applicant meets the requirements of this Section. The alternative
retail electric supplier shall publish notice of its application in
the official State newspaper within 10 days following the date of its
filing. No later than 45 days after the application is properly
filed with the Commission, and such notice is published, the
Commission shall issue its order granting or denying the application.
(c) An application for a certificate of service authority shall
identify the area or areas in which the applicant intends to offer
5962 JOURNAL OF THE [May 26, 1999]
service and the types of services it intends to offer. Applicants
that seek to serve residential or small commercial retail customers
within a geographic area that is smaller than an electric utility's
service area shall submit evidence demonstrating that the designation
of this smaller area does not violate Section 16-115A. An applicant
that seeks to serve residential or small commercial retail customers
may state in its application for certification any limitations that
will be imposed on the number of customers or maximum load to be
served.
(d) The Commission shall grant the application for a certificate
of service authority if it makes the findings set forth in this
subsection based on the verified application and such other
information as the applicant may submit:
(1) That the applicant possesses sufficient technical,
financial and managerial resources and abilities to provide the
service for which it seeks a certificate of service authority.
In determining the level of technical, financial and managerial
resources and abilities which the applicant must demonstrate, the
Commission shall consider (i) the characteristics, including the
size and financial sophistication, of the customers that the
applicant seeks to serve, and (ii) whether the applicant seeks to
provide electric power and energy using property, plant and
equipment which it owns, controls or operates;
(2) That the applicant will comply with all applicable
federal, State, regional and industry rules, policies, practices
and procedures for the use, operation, and maintenance of the
safety, integrity and reliability, of the interconnected electric
transmission system;
(3) That the applicant will only provide service to retail
customers in an electric utility's service area that are eligible
to take delivery services under this Act;
(4) That the applicant will comply with such informational
or reporting requirements as the Commission may by rule establish
and provide the information required by Section 16-112. Any data
related to contracts for the purchase and sale of electric power
and energy shall be made available for review by the Staff of the
Commission on a confidential and proprietary basis and only to
the extent and for the purposes which the Commission determines
are reasonably necessary in order to carry out the purposes of
this Act;
(5) That if the applicant, its corporate affiliates or the
applicant's principal source of electricity (to the extent such
source is known at the time of the application) owns or controls
facilities, for public use, for the transmission or distribution
of electricity to end-users within a defined geographic area to
which electric power and energy can be physically and
economically delivered by the electric utility or utilities in
whose service area or areas the proposed service will be offered,
the applicant, its corporate affiliates or principal source of
electricity, as the case may be, provides delivery services to
the electric utility or utilities in whose service area or areas
the proposed service will be offered that are reasonably
comparable to those offered by the electric utility, and provided
further, that the applicant agrees to certify annually to the
Commission that it is continuing to provide such delivery
services and that it has not knowingly assisted any person or
entity to avoid the requirements of this Section. For purposes
of this subparagraph, "principal source of electricity" shall
mean a single source that supplies at least 65% of the
applicant's electric power and energy, and the purchase of
transmission and distribution services pursuant to a filed tariff
HOUSE OF REPRESENTATIVES 5963
under the jurisdiction of the Federal Energy Regulatory
Commission or a state public utility commission shall not
constitute control of access to the provider's transmission and
distribution facilities;
(6) With respect to an applicant that seeks to serve
residential or small commercial retail customers, that the area
to be served by the applicant and any limitations it proposes on
the number of customers or maximum amount of load to be served
meet the provisions of Section 16-115A, provided, that the
Commission can extend the time for considering such a certificate
request by up to 90 days, and can schedule hearings on such a
request;
(7) That the applicant meets the requirements of subsection
(a) of Section 16-128; and
(8) That the applicant will comply with all other
applicable laws and regulations.
(e) A retail customer that owns a cogeneration or
self-generation facility and that seeks certification only to provide
electric power and energy from such facility to retail customers at
separate locations which customers are both (i) owned by, or a
subsidiary or other corporate affiliate of, such applicant and (ii)
eligible for delivery services, shall be granted a certificate of
service authority upon filing an application and notifying the
Commission that it has entered into an agreement with the relevant
electric utilities pursuant to Section 16-118. Provided, however,
that if the retail customer owning such cogeneration or
self-generation facility would not be charged a transition charge due
to the exemption provided under subsection (f) of Section 16-108
prior to the certification, and the retail customers at separate
locations are taking delivery services in conjunction with purchasing
power and energy from the facility, the retail customer on whose
premises the facility is located shall not thereafter be required to
pay transition charges on the power and energy that such retail
customer takes from the facility.
(f) The Commission shall have the authority to promulgate rules
and regulations to carry out the provisions of this Section. On or
before May 1, 1999, the Commission shall adopt a rule or rules
applicable to the certification of those alternative retail electric
suppliers that seek to serve only nonresidential retail customers
with maximum electrical demands of one megawatt or more which shall
provide for (i) expedited and streamlined procedures for
certification of such alternative retail electric suppliers and (ii)
specific criteria which, if met by any such alternative retail
electric supplier, shall constitute the demonstration of technical,
financial and managerial resources and abilities to provide service
required by subsection (d) (1) of this Section, such as a requirement
to post a bond or letter of credit, from a responsible surety or
financial institution, of sufficient size for the nature and scope of
the services to be provided; demonstration of adequate insurance for
the scope and nature of the services to be provided; and experience
in providing similar services in other jurisdictions.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/16-130)
Sec. 16-130. Annual Reports. The General Assembly finds that it
is necessary to have reliable and accurate information regarding the
transition to a competitive electric industry. In addition to the
annual report requirements pursuant to Section 5-109 of this Act,
each electric utility shall file with the Commission a report on the
following topics in accordance with the schedule set forth in
subsection (b) of this Section:
(1) Data on each customer class of the electric utility in
5964 JOURNAL OF THE [May 26, 1999]
which delivery services have been elected including:
(A) number of retail customers in each class that have
elected delivery service;
(B) kilowatt hours consumed by the customers described
in subparagraph (A);
(C) revenue loss experienced by the utility as a
result of customers electing delivery services or
market-based prices as compared to continued service under
otherwise applicable tariffed rates;
(D) total amount of funds collected from each customer
class pursuant to the transition charges authorized in
Section 16-108;
(E) Such other information as the Commission may by
rule require.
(2) A description of any steps taken by the electric
utility to mitigate and reduce its costs, including both a
detailed description of steps taken during the preceding calendar
year and a summary of steps taken since the effective date of
this amendatory Act of 1997, and including, to the extent
practicable, quantification of the costs mitigated or reduced by
specific actions taken by the electric utility.
(3) A description of actions taken under Sections 5-104,
7-204, 9-220, and 16-111 of this Act. This information shall
include but not be limited to:
(A) a description of the actions taken;
(B) the effective date of the action;
(C) the annual savings or additional charges realized
by customers from actions taken, by customer class and total
for each year;
(D) the accumulated impact on customers by customer
class and total; and
(E) a summary of the method used to quantify the
impact on customers.
(4) A summary of the electric utility's use of transitional
funding instruments, including a description of the electric
utility's use of the proceeds of any transitional funding
instruments it has issued in accordance with Article XVIII of
this Act.
(5) Kilowatt-hours consumed in the twelve months ending
December 31, 1996 (which kilowatt-hours are hereby referred to as
"base year sales") by customer class multiplied by the revenue
per kilowatt hour, adjusted to remove charges added to customers'
bills pursuant to Sections 9-221 and 9-222 of this Act, during
the twelve months ending December 31, 1996, adjusted for the
reductions required by subsection (b) of Section 16-111 and the
mitigation factors contained in Section 16-102. This amount
shall be stated for: (i) each calendar year preceding the year in
which a report is required to be submitted pursuant to subsection
(b); and (ii) as a cumulative total of all calendar years
beginning with 1998 and ending with the calendar year preceding
the year in which a report is required to be submitted pursuant
to subsection (b).
(6) Calculations identical to those required by
subparagraph (5) except that base year sales shall be adjusted
for growth in the electric utility's service territory, in
addition to the other adjustments specified by the first sentence
of subparagraph (5).
(7) The electric utility's total revenue and net income for
each calendar year beginning with 1997 through the calendar year
preceding the year in which a report is required to be submitted
pursuant to subsection (b) as reported in the electric utility's
HOUSE OF REPRESENTATIVES 5965
Form 1 report to the Federal Energy Regulatory Commission.
(8) Any consideration in excess of the net book cost as of
the effective date of this amendatory Act of 1997 received by the
electric utility during the year from a sale made subsequent to
the effective date of this amendatory Act of 1997 to a
non-affiliated third party of any generating plant that was owned
by the electric utility on the effective date of this amendatory
Act of 1997.
(9) Any consideration received by the electric utility from
sales or transfers during the year to an affiliated interest of
generating plant, or other plant that represents an investment of
$25,000,000 or more in terms of total depreciated original cost,
which generating or other plant were owned by the electric
utility prior to the effective date of this amendatory Act of
1997.
(10) Any consideration received by an affiliated interest
of an electric utility from sales or transfers during the year to
a non-affiliated third party of generating plant, but only if:
(i) the electric utility had previously sold or transferred such
plant to the affiliated interest subsequent to the effective date
of this amendatory Act of 1997; (ii) the affiliated interest
sells or transfers such plant to a non-affiliated third party
prior to December 31, 2006; and (iii) the affiliated interest
receives consideration for the sale or transfer of such plant to
the non-affiliated third party in an amount greater than the cost
or price at which such plant was sold or transferred to the
affiliated interest by the electric utility.
(11) A summary account of those expenditures made for
projects, programs, and improvements relating to transmission and
distribution including, without limitation, infrastructure
expansion, repair and replacement, capital investments,
operations and maintenance, and vegetation management, pursuant
to a written commitment made under subsection (k) of Section
16-111.
(b) The information required by subsection (a) shall be filed by
each electric utility on or before March 1 of each year 1999 through
2007 or through such additional years as the electric utility is
collecting transition charges pursuant to subsection (f) of Section
16-108, for the previous calendar year. The information required by
subparagraph (6) of subsection (a) for calendar year 1997 shall be
submitted by the electric utility on or before March 1, 1999.
(c) On or before May 15 of each year 1999 through 2006 or
through such additional years as the electric utility is collecting
transition charges pursuant to subsection (f) of Section 16-108, the
Commission shall submit a report to the General Assembly which
summarizes the information provided by each electric utility under
this Section; provided, however, that proprietary or confidential
information shall not be publicly disclosed.
(Source: P.A. 90-561, eff. 12-16-97.)
Section 10. The Citizens Utility Board Act is amended by
changing Section 5 and adding Section 5.1 as follows:
(220 ILCS 10/5) (from Ch. 111 2/3, par. 905)
Sec. 5. Powers and duties. (1) The corporation shall:
(a) Represent and protect the interests of the residential
utility consumers of this State. All actions by the corporation
under this Act shall be directed toward such duty; provided that the
corporation may also give due consideration to the interests of
business in the State.
(b) Inform, in so far as possible, all utility consumers about
the corporation, including the procedure for obtaining membership in
the corporation.
5966 JOURNAL OF THE [May 26, 1999]
(2) The corporation shall have all the powers necessary or
convenient for the effective representation and protection of the
interest of utility consumers and to implement this Act, including
the following powers in addition to all other powers granted by this
Act.
(a) To make, amend and repeal bylaws and rules for the
regulation of its affairs and the conduct of its business; to adopt
an official seal and alter it at pleasure; to maintain an office; to
sue and be sued in its own name, plead and be impleaded; and to make
and execute contracts and other instruments necessary or convenient
to the exercise of the powers of the corporation.
(b) To employ such agents, employees and special advisors as it
finds necessary and to fix their compensation.
(c) To solicit and accept gifts, loans, including loans made by
the Illinois Commerce Commission from funds appropriated for that
purpose by law, or other aid in order to support activities
concerning the interests of utility consumers., Except as provided
in Section 5.1, that the corporation may not accept gifts, loans or
other aid from any public utility or from any director, employee or
agent or member of the immediate family of a director, employee or
agent of any public utility and, except that after the first election
the corporation, may not accept from any individual, private
corporation, association or partnership in any single year a total of
more than $1,000 in gifts. Under this paragraph, "aid" does not mean
payment of membership dues.
(d) To intervene as a party or otherwise participate on behalf
of utility consumers in any proceeding which affects the interest of
utility consumers.
(e) To represent the interests of utility consumers before the
Illinois Commerce Commission, the Federal Energy Regulatory
Commission, the Federal Communications Commission, the courts, and
other public bodies, except that no director, employee or agent of
the corporation may engage in lobbying without first complying with
any applicable statute, administrative rule or other regulation
relating to lobbying.
(f) To establish annual dues which shall be set at a level that
provides sufficient funding for the corporation to effectively
perform its powers and duties, and is affordable for as many utility
consumers as is possible.
(g) To implement solicitation for corporation funding and
membership.
(h) To seek tax exempt status under State and federal law,
including 501(c)(3) status under the United States Internal Revenue
Code.
(i) To provide information and advice to utility consumers on
any matter with respect to utility service, including but not limited
to information and advice on benefits and methods of energy
conservation.
(3) The powers, duties, rights and privileges conferred or
imposed upon the corporation by this Act may not be transferred.
(4) The corporation shall refrain from interfering with
collective bargaining rights of any employees of a public utility.
(Source: P.A. 83-945.)
(220 ILCS 10/5.1 new)
Sec. 5.1. Contributions. Notwithstanding anything to the
contrary in Section 5 of this Act, the corporation shall have the
authority to solicit and accept contributions made pursuant to
Section 16-111.1 of the Public Utilities Act.
Section 99. Effective date. This Act takes effect upon becoming
law.".
HOUSE OF REPRESENTATIVES 5967
Submitted on May 26, 1999.
s/Sen. William Mahar s/Rep. Philip Novak
Sen. John Maitland s/Rep. Kurt Granberg
s/Sen. Steven Rauschenberger s/Rep. Douglas P. Scott
s/Sen. Evelyn Bowles Rep. Art Tenhouse
s/Sen. William Shaw s/Rep. Vincent A. Persico
Committee for the Senate Committee for the House
Representative Hoffman submitted the following First Conference
Committee Report on SENATE BILL 27 which was ordered printed and
referred to the Committee on Rules:
91ST GENERAL ASSEMBLY
FIRST CONFERENCE COMMITTEE REPORT
ON SENATE BILL 27
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to House Amendments Nos.
1, 2, 3, and 5 to Senate Bill 27, recommend the following:
(1) that the Senate concur in House Amendments Nos. 1, 2, 3, and
5; and
(2) that House Bill 27, AS AMENDED, be further amended as
follows:
in Section 5, Sec. 106E-5, by replacing the sentence that begins "The
Illinois General Assembly takes notice" with the following:
"The Illinois General Assembly takes notice that some public
defenders and assistant prosecutors in the Illinois criminal justice
systems are often reimbursed at salary levels below reasonable rates
for private practice."; and
in Sec. 106E-10, by replacing subdivisions (8) and (9) with the
following:
"(8) Three members appointed by the Illinois Appellate
Prosecutors Association.
(9) Three members appointed by the Office of the State Appellate
Defender."; and
in Sec. 106E-10, by deleting subdivisions (15) through (18); and
in Sec. 106E-10 by renumbering subdivision (19) as subdivision (15).
Submitted on May 26, 1999.
s/Sen. Carl Hawkinson s/Rep. Jay Hoffman
s/Sen. Kirk Dillard s/Rep. Thomas Dart
s/Sen. Ed Petka s/Rep. Barbara Flynn Currie
s/Sen. George P. Shadid s/Rep. Art Tenhouse
s/Sen. Ira Silverstein s/Rep. John Turner
Committee for the Senate Committee for the House
Representative Stephens submitted the following First Conference
Committee Report on SENATE BILL 53 which was ordered printed and
referred to the Committee on Rules:
91ST GENERAL ASSEMBLY
FIRST CONFERENCE COMMITTEE REPORT
ON SENATE BILL 53
To the President of the Senate and the Speaker of the House of
5968 JOURNAL OF THE [May 26, 1999]
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to House Amendments Nos. 1
and 2 to Senate Bill 53, recommend the following:
(1) that the House recede from House Amendments Nos. 1 and 2;
and
(2) that Senate Bill 53 be amended on page 1, by replacing lines
1 and 2 with the following:
"AN ACT relating to tax increment financing."; and
on page 1, line 6, by replacing "11-74.4-3" with "11-74.4-3,
11-74.4-4,"; and
on page 19, below line 32, by inserting the following:
"(65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
Sec. 11-74.4-4. Municipal powers and duties; redevelopment
project areas. A municipality may:
(a) By ordinance introduced in the governing body of the
municipality within 14 to 90 days from the completion of the hearing
specified in Section 11-74.4-5 approve redevelopment plans and
redevelopment projects, and designate redevelopment project areas
pursuant to notice and hearing required by this Act. No
redevelopment project area shall be designated unless a plan and
project are approved prior to the designation of such area and such
area shall include only those contiguous parcels of real property and
improvements thereon substantially benefited by the proposed
redevelopment project improvements.
(b) Make and enter into all contracts necessary or incidental to
the implementation and furtherance of its redevelopment plan and
project.
(c) Within a redevelopment project area, acquire by purchase,
donation, lease or eminent domain; own, convey, lease, mortgage or
dispose of land and other property, real or personal, or rights or
interests therein, and grant or acquire licenses, easements and
options with respect thereto, all in the manner and at such price the
municipality determines is reasonably necessary to achieve the
objectives of the redevelopment plan and project. No conveyance,
lease, mortgage, disposition of land or other property, or agreement
relating to the development of the property shall be made except upon
the adoption of an ordinance by the corporate authorities of the
municipality. Furthermore, no conveyance, lease, mortgage, or other
disposition of land or agreement relating to the development of
property shall be made without making public disclosure of the terms
of the disposition and all bids and proposals made in response to the
municipality's request. The procedures for obtaining such bids and
proposals shall provide reasonable opportunity for any person to
submit alternative proposals or bids.
(d) Within a redevelopment project area, clear any area by
demolition or removal of any existing buildings and structures.
(e) Within a redevelopment project area, renovate or
rehabilitate or construct any structure or building.
(f) Install, repair, construct, reconstruct or relocate streets,
utilities and site improvements essential to the preparation of the
redevelopment area for use in accordance with a redevelopment plan.
(g) Within a redevelopment project area, fix, charge and collect
fees, rents and charges for the use of any building or property owned
or leased by it or any part thereof, or facility therein.
(h) Accept grants, guarantees and donations of property, labor,
or other things of value from a public or private source for use
within a project redevelopment area.
(i) Acquire and construct public facilities within a
redevelopment project area.
(j) Incur project redevelopment costs.
HOUSE OF REPRESENTATIVES 5969
(k) Create a commission of not less than 5 or more than 15
persons to be appointed by the mayor or president of the municipality
with the consent of the majority of the governing board of the
municipality. Members of a commission appointed after the effective
date of this amendatory Act of 1987 shall be appointed for initial
terms of 1, 2, 3, 4 and 5 years, respectively, in such numbers as to
provide that the terms of not more than 1/3 of all such members shall
expire in any one year. Their successors shall be appointed for a
term of 5 years. The commission, subject to approval of the
corporate authorities may exercise the powers enumerated in this
Section. The commission shall also have the power to hold the public
hearings required by this division and make recommendations to the
corporate authorities concerning the adoption of redevelopment plans,
redevelopment projects and designation of redevelopment project
areas.
(l) Make payment in lieu of taxes or a portion thereof to taxing
districts. If payments in lieu of taxes or a portion thereof are
made to taxing districts, those payments shall be made to all
districts within a project redevelopment area on a basis which is
proportional to the current collections of revenue which each taxing
district receives from real property in the redevelopment project
area.
(m) Exercise any and all other powers necessary to effectuate
the purposes of this Act.
(n) If any member of the corporate authority, a member of a
commission established pursuant to Section 11-74.4-4(k) of this Act,
or an employee or consultant of the municipality involved in the
planning and preparation of a redevelopment plan, or project for a
redevelopment project area or proposed redevelopment project area, as
defined in Sections 11-74.4-3(i) through (k) of this Act, owns or
controls an interest, direct or indirect, in any property included in
any redevelopment area, or proposed redevelopment area, he or she
shall disclose the same in writing to the clerk of the municipality,
and shall also so disclose the dates and terms and conditions of any
disposition of any such interest, which disclosures shall be
acknowledged by the corporate authorities and entered upon the minute
books of the corporate authorities. If an individual holds such an
interest then that individual shall refrain from any further official
involvement in regard to such redevelopment plan, project or area,
from voting on any matter pertaining to such redevelopment plan,
project or area, or communicating with other members concerning
corporate authorities, commission or employees concerning any matter
pertaining to said redevelopment plan, project or area. Furthermore,
no such member or employee shall acquire of any interest direct, or
indirect, in any property in a redevelopment area or proposed
redevelopment area after either (a) such individual obtains knowledge
of such plan, project or area or (b) first public notice of such
plan, project or area pursuant to Section 11-74.4-6 of this Division,
whichever occurs first. For the purposes of this subsection, a
month-to-month leasehold interest in a single parcel of property by a
member of the corporate authority shall not be deemed to constitute
an interest in any property included in any redevelopment area or
proposed redevelopment area, but the member must disclose the
interest to the municipal clerk under the provisions of this
subsection.
(o) Create a Tax Increment Economic Development Advisory
Committee to be appointed by the Mayor or President of the
municipality with the consent of the majority of the governing board
of the municipality, the members of which Committee shall be
appointed for initial terms of 1, 2, 3, 4 and 5 years respectively,
in such numbers as to provide that the terms of not more than 1/3 of
5970 JOURNAL OF THE [May 26, 1999]
all such members shall expire in any one year. Their successors
shall be appointed for a term of 5 years. The Committee shall have
none of the powers enumerated in this Section. The Committee shall
serve in an advisory capacity only. The Committee may advise the
governing Board of the municipality and other municipal officials
regarding development issues and opportunities within the
redevelopment project area or the area within the State Sales Tax
Boundary. The Committee may also promote and publicize development
opportunities in the redevelopment project area or the area within
the State Sales Tax Boundary.
(p) Municipalities may jointly undertake and perform
redevelopment plans and projects and utilize the provisions of the
Act wherever they have contiguous redevelopment project areas or they
determine to adopt tax increment financing with respect to a
redevelopment project area which includes contiguous real property
within the boundaries of the municipalities, and in doing so, they
may, by agreement between municipalities, issue obligations,
separately or jointly, and expend revenues received under the Act for
eligible expenses anywhere within contiguous redevelopment project
areas or as otherwise permitted in the Act.
(q) Utilize revenues, other than State sales tax increment
revenues, received under this Act from one redevelopment project area
for eligible costs in another redevelopment project area that is
either contiguous to, or is separated only by a public right of way
from, the redevelopment project area from which the revenues are
received. Utilize tax increment revenues for eligible costs that are
received from a redevelopment project area created under the
Industrial Jobs Recovery Law that is either contiguous to, or is
separated only by a public right of way from, the redevelopment
project area created under this Act which initially receives these
revenues. Utilize revenues, other than State sales tax increment
revenues, by transferring or loaning such revenues to a redevelopment
project area created under the Industrial Jobs Recovery Law that is
either contiguous to, or separated only by a public right of way from
the redevelopment project area that initially produced and received
those revenues.
(r) If no redevelopment project has been initiated in a
redevelopment project area within 7 years after the area was
designated by ordinance under subsection (a), the municipality shall
adopt an ordinance repealing the area's designation as a
redevelopment project area; provided, however, that if an area
received its designation more than 3 years before the effective date
of this amendatory Act of 1994 and no redevelopment project has been
initiated within 4 years after the effective date of this amendatory
Act of 1994, the municipality shall adopt an ordinance repealing its
designation as a redevelopment project area. Initiation of a
redevelopment project shall be evidenced by either a signed
redevelopment agreement or expenditures on eligible redevelopment
project costs associated with a redevelopment project.
(Source: P.A. 90-258, eff. 7-30-97.)"; and
on page 25, below line 6, by inserting the following:
"Section 10. The Economic Development Project Area Tax Increment
Allocation Act of 1995 is amended by changing Sections 5 and 10 as
follows:
(65 ILCS 110/5)
Sec. 5. Legislative Declaration.
(a) The General Assembly finds, determines, and declares the
following:
(1) Actions taken by the Secretary of Defense to close
military installations under Title II of the Defense
Authorization Amendments and Base Closure and Realignment Act
HOUSE OF REPRESENTATIVES 5971
(Public Law 100-526; 10 U.S.C. 2687 note), the Defense Base
Closure and Realignment Act of 1990 (part A of Title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note), or Section 2687 of
Title 10 of the United States Code (10 U.S.C. 2687), and actions
taken by the Secretary of the Army to transfer the military
installation, described in subsection (b) of Section 15 of the
Joliet Arsenal Development Authority Act, pursuant to the
Illinois Land Conservation Act (Title XXIX of Public Law 104-106;
16 U.S.C. 1609), as supplemented and amended, have an adverse
socioeconomic impact upon the State residents due to the loss of
civilian job opportunities, the transfer of permanently stationed
military personnel, the decline in population, the vacancy of
existing buildings, structures, residential housing units and
other facilities, the burden of assuming and maintaining existing
utility systems, and the erosion of the State's economic base.
(2) The redevelopment and reuse by the public and private
sectors of any military installation closed by the Secretary of
Defense and converted to civilian use is impaired due to little
or no platting of any of the land, deleterious land use and
layout, lack of community planning, depreciation of physical
maintenance, presence of structures below minimum code standards,
excessive vacancies, lack of adequate utility services and need
to improve transportation facilities.
(3) The closing of military installations within the State
is a serious menace to the health, safety, morals, and general
welfare of the people of the entire State.
(4) Protection against the economic burdens associated with
the closing of military installations, the consequent spread of
economic stagnation, the impairments to redevelopment and reuse,
and the resulting harm to the tax base of the State can best be
provided by promoting, attracting and stimulating commerce,
industry, manufacturing and other public and private sector
investment within the State.
(5) The continual encouragement, redevelopment, reuse,
growth, and expansion of commercial businesses, industrial and
manufacturing facilities and other public and private investment
on closed military installations within the State requires a
cooperative and continuous partnership between government and the
private sector.
(6) The State has a responsibility to create a favorable
climate for new and improved job opportunities for its citizens
and to increase the tax base of the State and its political
subdivisions by encouraging the redevelopment and reuse by the
public and private sectors of new commercial businesses,
industrial and manufacturing facilities, and other civilian uses
with respect to the vacant buildings, structures, residential
housing units, and other facilities on closed military
installations within the State.
(7) The lack of redevelopment and reuse of closed military
installations within the State has persisted, despite efforts of
State and local authorities and private organizations to attract
new commercial businesses, industrial and manufacturing
facilities and other public and private sector investment for
civilian use to closed military installations within the State.
(8) The economic burdens associated with the closing of
military installations within the State may continue and worsen
if the State and its political subdivisions are not able to
provide additional incentives to commercial businesses,
industrial and manufacturing facilities, and other public and
private investment for civilian use to locate on closed military
installations within the State.
5972 JOURNAL OF THE [May 26, 1999]
(9) The provision of additional incentives by the State and
its political subdivisions is intended to relieve conditions of
unemployment, create new job opportunities, increase industry and
commerce, increase the tax base of the State and its political
subdivisions, and alleviate vacancies and conditions leading to
deterioration and blight on closed military installations within
the State, thereby creating job opportunities and eradicating
deteriorating and blighting conditions for the residents of the
State and reducing the evils attendant upon unemployment and
blight.
(b) It is hereby declared to be the policy of the State, in the
interest of promoting the health, safety, morals, and general welfare
of all the people of the State, to provide incentives that will
create new job opportunities and eradicate potentially blighted
conditions on closed military installations within the State, and it
is further declared that the relief of conditions of unemployment,
the creation of new job opportunities, the increase of industry and
commerce within the State, the alleviation of vacancies and
conditions leading to deterioration and blight, the reduction of the
evils of unemployment, and the increase of the tax base of the State
and its political subdivisions are public purposes and for the public
safety, benefit, and welfare of the residents of this State.
(Source: P.A. 89-176, eff. 1-1-96; 90-655, eff. 7-30-98.)
(65 ILCS 110/10)
Sec. 10. Definitions. In this Act, words or terms have the
following meanings:
(a) "Closed military installation" means a former base, camp,
post, station, yard, center, homeport facility for any ship, or other
activity under the jurisdiction of the United States Department of
the Defense which is not less in the aggregate than 500 acres and
which is closed or in the process of being closed by the Secretary of
Defense under and pursuant to Title II of the Defense Base Closure
and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note), The
Defense Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note), or Section 2687 of
Title 10 of the United States Code (10 U.S.C. 2687), or an
installation, described in subsection (b) of Section 15 of the Joliet
Arsenal Development Authority Act, that has been transferred or is in
the process of being transferred by the Secretary of the Army
pursuant to the Illinois Land Conservation Act (Title XXIX of Public
Law 104-106; 16 U.S.C. 1609), as each may be further supplemented or
amended.
(b) "Economic development plan" means the written plan of a
municipality that sets forth an economic development program for an
economic development project area. Each economic development plan
shall include but not be limited to (i) estimated economic
development project costs, (ii) the sources of funds to pay those
costs, (iii) the nature and term of any obligations to be issued by
the municipality to pay those costs, (iv) the most recent equalized
assessed valuation of the economic development project area, (v) an
estimate of the equalized assessed valuation of the economic
development project area after completion of an economic development
project, (vi) the estimated date of completion of any economic
development project proposed to be undertaken, (vii) a general
description of the types of any proposed developers, users, or
tenants of any property to be located or improved within the economic
development project area, (viii) a description of the type,
structure, and general character of the facilities to be developed or
improved, (ix) a description of the general land uses to apply in the
economic development project area, (x) a general description or an
estimate of the type, class, and number of employees to be employed
HOUSE OF REPRESENTATIVES 5973
in the operation of the facilities to be developed or improved, and
(xi) a commitment by the municipality to fair employment practices
and an affirmative action plan regarding any economic development
program to be undertaken by the municipality.
(c) "Economic development project" means any development project
furthering the objectives of this Act.
(d) "Economic development project area" means any improved or
vacant area that (i) is within or partially within and contiguous to
the boundaries of a closed military installation as defined in
subsection (a) of this Section (except the installation described in
Section 15 of the Joliet Arsenal Development Authority Act) or, only
in the case of the installation described in Section 15 of the
Joliet Arsenal Development Authority Act, is within or contiguous to
the closed military installation, (ii) is located entirely within the
territorial limits of a municipality, (iii) is contiguous, (iv) is
not less in the aggregate than 1 1/2 acres, (v) is suitable for
siting by a commercial, manufacturing, industrial, research,
transportation or residential housing enterprise or facilities to
include but not be limited to commercial businesses, offices,
factories, mills, processing plants, industrial or commercial
distribution centers, warehouses, repair overhaul or service
facilities, freight terminals, research facilities, test facilities,
transportation facilities or single or multi-family residential
housing units, regardless of whether the area has been used at any
time for those facilities and regardless of whether the area has been
used or is suitable for other uses and (vi) has been approved and
certified by the corporate authorities of the municipality pursuant
to this Act.
(e) "Economic development project costs" means and includes the
total of all reasonable or necessary costs incurred or to be incurred
under an economic development project, including, without limitation,
the following:
(1) Costs of studies, surveys, development of plans and
specifications, and implementation and administration of an
economic development plan and personnel and professional service
costs for architectural, engineering, legal, marketing, financial
planning, police, fire, public works, public utility, or other
services. No charges for professional services, however, may be
based on a percentage of incremental tax revenues.
(2) Property assembly costs within an economic development
project area, including but not limited to acquisition of land
and other real or personal property or rights or interests in
property.
(3) Site preparation costs, including but not limited to
clearance of any area within an economic development project area
by demolition or removal of any existing buildings, structures,
fixtures, utilities, and improvements and clearing and grading;
and including installation, repair, construction, reconstruction,
extension or relocation of public streets, public utilities, and
other public site improvements located outside the boundaries of
an economic development project area that are essential to the
preparation of the economic development project area for use with
an economic development plan.
(4) Costs of renovation, rehabilitation, reconstruction,
relocation, repair, or remodeling of any existing buildings,
improvements, equipment, and fixtures within an economic
development project area.
(5) Costs of installation or construction within an
economic development project area of any buildings, structures,
works, streets, improvements, equipment, utilities, or fixtures,
whether publicly or privately owned or operated.
5974 JOURNAL OF THE [May 26, 1999]
(6) Financing costs, including but not limited to all
necessary and incidental expenses related to the issuance of
obligations, payment of any interest on any obligations issued
under this Act that accrues during the estimated period of
construction of any economic development project for which the
obligations are issued and for not more than 36 months after that
period, and any reasonable reserves related to the issuance of
the obligations.
(7) All or a portion of a taxing district's capital or
operating costs resulting from an economic development project
necessarily incurred or estimated to be incurred by a taxing
district in the furtherance of the objectives of an economic
development project, to the extent that the municipality, by
written agreement, accepts and approves those costs.
(8) Relocation costs to the extent that a municipality
determines that relocation costs shall be paid or is required to
pay relocation costs by federal or State law.
(9) The estimated tax revenues from real property in an
economic development project area acquired by a municipality in
furtherance of an economic development project under this Act
that, according to the economic development plan, is to be used
for a private use (i) that any taxing district would have
received had the municipality not adopted tax increment
allocation financing for an economic development project area and
(ii) that would result from the taxing district's levies made
after the time of the adoption by the municipality of tax
increment allocation financing to the time the current equalized
assessed value of real property in the economic development
project area exceeds the total initial equalized value of real
property.
(10) Costs of rebating ad valorem taxes paid by any
developer or other nongovernmental person in whose name the
general taxes were paid for the last preceding year on any lot,
block, tract, or parcel of land in the economic development
project area, provided that:
(A) the economic development project area is located
in an enterprise zone created under the Illinois Enterprise
Zone Act;
(B) the ad valorem taxes shall be rebated only in
amounts and for a tax year or years as the municipality and
any one or more affected taxing districts have agreed by
prior written agreement;
(C) any amount of rebate of taxes shall not exceed the
portion, if any, of taxes levied by the municipality or
taxing district or districts that is attributable to the
increase in the current equalized assessed valuation of each
taxable lot, block, tract, or parcel of real property in the
economic development project area over and above the initial
equalized assessed value of each property existing at the
time property tax allocation financing was adopted for the
economic development project area; and
(D) costs of rebating ad valorem taxes shall be paid
by a municipality solely from the special tax allocation
fund established under this Act and shall not be paid from
the proceeds of any obligations issued by a municipality.
(11) Costs of job training or advanced vocational or career
education, including but not limited to courses in occupational,
semi-technical, or technical fields leading directly to
employment, incurred by one or more taxing districts, but only if
the costs are related to the establishment and maintenance of
additional job training, advanced vocational education, or career
HOUSE OF REPRESENTATIVES 5975
education programs for persons employed or to be employed by
employers located in the economic development project area and
only if, when the costs are incurred by a taxing district or
taxing districts other than the municipality, they shall be set
forth in a written agreement by or among the municipality and the
taxing district or taxing districts that describes the program to
be undertaken, including without limitation the number of
employees to be trained, a description of the training and
services to be provided, the number and type of positions
available or to be available, itemized costs of the program and
sources of funds to pay the costs, and the term of the agreement.
These costs include, specifically, the payment by community
college districts of costs pursuant to Sections 3-37, 3-38, 3-40
and 3-40.1 of the Public Community College Act and by school
districts of costs pursuant to Sections 10-22.20 and 10-23.3a of
the School Code.
(12) Private financing costs incurred by a developer or
other nongovernmental person in connection with an economic
development project, provided that:
(A) private financing costs shall be paid or
reimbursed by a municipality only pursuant to the prior
official action of the municipality evidencing an intent to
pay or reimburse such private financing costs;
(B) except as provided in subparagraph (D), the
aggregate amount of the costs paid or reimbursed by a
municipality in any one year shall not exceed 30% of the
costs paid or incurred by the developer or other
nongovernmental person in that year;
(C) private financing costs shall be paid or
reimbursed by a municipality solely from the special tax
allocation fund established under this Act and shall not be
paid from the proceeds of any obligations issued by a
municipality; and
(D) if there are not sufficient funds available in the
special tax allocation fund in any year to make the payment
or reimbursement in full, any amount of the interest costs
remaining to be paid or reimbursed by a municipality shall
accrue and be payable when funds are available in the
special tax allocation fund to make the payment.
If a special service area has been established under the Special
Service Area Tax Act, then any tax increment revenues derived from
the tax imposed pursuant to the Special Service Area Tax Act may be
used within the economic development project area for the purposes
permitted by that Act as well as the purposes permitted by this Act.
(f) "Municipality" means a city, village, or incorporated town.
(g) "Obligations" means any instrument evidencing the obligation
of a municipality to pay money, including without limitation bonds,
notes, installment or financing contracts, certificates, tax
anticipation warrants or notes, vouchers, and any other evidences of
indebtedness.
(h) "Taxing districts" means counties, townships, and school,
road, park, sanitary, mosquito abatement, forest preserve, public
health, fire protection, river conservancy, tuberculosis sanitarium,
and any other districts or other municipal corporations with the
power to levy taxes.
(Source: P.A. 89-176, eff. 1-1-96.)".
Submitted on May 26, 1999.
s/Sen. Frank Watson s/Rep. Barbara Flynn Currie
s/Sen. William E. Peterson s/Rep. Thomas Holbrook
5976 JOURNAL OF THE [May 26, 1999]
s/Sen. Christine Radogno s/Rep. Douglas Scott
s/Sen. James F. Clayborne s/Rep. Ron Stephens
s/Sen. Pat Welch s/Rep. Brent Hassert
Committee for the Senate Committee for the House
Representative Klemm submitted the following First Conference
Committee Report on SENATE BILL 171 which was ordered printed and
referred to the Committee on Rules:
91ST GENERAL ASSEMBLY
FIRST CONFERENCE COMMITTEE REPORT
ON SENATE BILL 171
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to House Amendment No. 1
to Senate Bill 171, recommend the following:
(1) that the House recede from House Amendment No. 1; and
(2) that Senate Bill 171 be amended on page 3, by replacing lines 14
through 30 with the following:
"Notwithstanding any other provision of this Section, a
non-homerule municipality of 130,000 or fewer inhabitants, through
its council or board of trustees, may, by ordinance, provide for a
position of deputy chief to be appointed by the chief of the police
department. The ordinance shall provide for no more than one deputy
chief position if the police department has fewer than 25 full-time
police officers and for no more than 2 deputy chief positions if the
police department has 25 or more full-time police officers. The
deputy chief position shall be an exempt rank immediately below that
of Chief. The deputy chief may be appointed from any rank of sworn,
full-time officers of the municipality's police department, but must
have at least 5 years of full-time service as a police officer in
that department. A deputy chief shall serve at the discretion of the
Chief and, if removed from the position, shall revert to the rank
held immediately prior to appointment to the deputy chief position.".
Submitted on May 26, 1999.
s/Sen. Dick Klemm s/Rep. Dan Reitz
s/Sen. Kirk Dillard s/Rep. Calvin Giles
s/Sen. Walter Dudycz s/Rep. Barbara Flynn Currie
s/Sen. William Shaw s/Rep. Dan Rutherford
s/Sen. Lawrence Walsh s/Rep. Brent Hassert
Committee for the Senate Committee for the House
Representative McKeon submitted the following First Conference
Committee Report on SENATE BILL 242 which was ordered printed and
referred to the Committee on Rules:
91ST GENERAL ASSEMBLY
FIRST CONFERENCE COMMITTEE REPORT
ON SENATE BILL 242
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to House Amendment No. 1
to Senate Bill 242, recommend the following:
HOUSE OF REPRESENTATIVES 5977
(1) that the Senate concur in House Amendment No. 1; and
(2) that Senate Bill 242 be further amended as follows:
in Section 5, Sec. 18.5, subsection (f), paragraph (4), item (vi), by
deleting the sentence beginning "In the action,".
Submitted on May 26, 1999.
s/Sen. Carl Hawkinson s/Rep. Larry McKeon
s/Sen. Ed Petka s/Rep. Tom Dart
s/Sen. Kirk Dillard s/Rep. Barbara Flynn Currie
s/Sen. John Cullerton s/Rep. Art Tenhouse
s/Sen. Barack O'Bama s/Rep. John Turner
Committee for the Senate Committee for the House
Representative Dart submitted the following First Conference
Committee Report on SENATE BILL 392 which was ordered printed and
referred to the Committee on Rules:
91ST GENERAL ASSEMBLY
FIRST CONFERENCE COMMITTEE REPORT
ON SENATE BILL 392
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to House Amendments Nos.
1, 2, and 4 to Senate Bill 392, recommend the following:
(1) that the House recede from House Amendments Nos. 1, 2, and
4; and
(2) that Senate Bill 392 be amended by replacing the title with
the following:
"AN ACT to amend the Charitable Trust Act by adding Section
7.5."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Charitable Trust Act is amended by adding Section
7.5 as follows:
(760 ILCS 55/7.5 new)
Sec. 7.5. Charitable trust for the benefit of a minor or
disabled person; report.
(a) In the case of a charitable trust established for the
benefit of a minor or disabled person, the person or trustee
responsible for the trust, if not the guardian or parent, shall
report its existence by certified or registered United States mail to
the parent or guardian of the minor or disabled person within 30 days
after formation of the trust and every 6 months thereafter. The
written report shall include the name and address of the trustee or
trustees responsible for the trust, the name and address of the
financial institution at which funds for the trust are held, the
amount of funds raised for the trust, and an itemized list of
expenses for administration of the trust.
The guardian of the estate of the minor or disabled person shall
report the existence of the trust as part of the ward's estate to the
court that appointed the guardian as part of its responsibility to
manage the ward's estate as established under Section 11-13 of the
Probate Act of 1975. Compliance with this Section in no way affects
other requirements for trustee registration and reporting under this
Act or any accountings or authorizations required by the court
handling the ward's estate.
(b) If a person or trustee fails to report the existence of the
trust to the minor's or disabled person's parent or guardian as
5978 JOURNAL OF THE [May 26, 1999]
required in this Section, the person or trustee is subject to
injunction, to removal, to account, and to other appropriate relief
before a court of competent jurisdiction exercising chancery
jurisdiction.
(c) For the purpose of this Section, a charitable trust for the
benefit of a minor or disabled person is a trust, including a special
needs trust, that receives funds solicited from the public under
representations that such will (i) benefit a needy minor or disabled
person, (ii) pay the medical or living expenses of the minor or
disabled person, or (iii) be used to assist in family expenses of the
minor or disabled person.
(d) Each and every trustee of a charitable trust for the benefit
of a minor or disabled person must register under this Act and in
addition must file an annual report as required by Section 7 of this
Act.
Section 99. Effective date. This Act takes effect upon becoming
law.".
Submitted on May 26, 1999.
s/Sen. Patrick O'Malley s/Rep. Thomas Dart
s/Sen. Carl Hawkinson s/Rep. Steve Davis
s/Sen. Kirk Dillard s/Rep. Barbara Flynn Currie
s/Sen. John Cullerton s/Rep. Tom Cross
s/Sen. George P. Shadid s/Rep. James H. Meyer
Committee for the Senate Committee for the House
Representative Fritchey submitted the following First Conference
Committee Report on SENATE BILL 656 which was ordered printed and
referred to the Committee on Rules:
91ST GENERAL ASSEMBLY
FIRST CONFERENCE COMMITTEE REPORT
ON SENATE BILL 656
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to House Amendment No. 1
to Senate Bill 656, recommend the following:
(1) that the House recede from House Amendment No. 1; and
(2) that Senate Bill 656 be amended on page 2, by replacing
lines 18 through 31 with the following:
"In the interest of further developing Illinois' economy in the
area of commerce, tourism, convention, and banquet business, nothing
in this Section shall prohibit issuance of a retail license
authorizing the sale of alcoholic beverages to a restaurant, banquet
facility, grocery store, or hotel having not fewer than 150 guest
room accommodations located in a municipality of more than 500,000
persons, notwithstanding the proximity of such hotel, restaurant, or
banquet facility, or grocery store to any church or school, if the
licensed premises described on the license are located within an
enclosed mall or building of a height of at least 6 stories, or 60
feet in the case of a building that has been registered as a national
landmark, or in a grocery store having a minimum of 56,010 square
feet of floor space in a single story building in an open mall of at
least 3.96 acres that is adjacent to a public school that opened as a
boys technical high school in 1934, and in each of these cases either
case if the sale of alcoholic liquors is not the principal business
carried on by the licensee license.".
HOUSE OF REPRESENTATIVES 5979
Submitted on May 26, 1999.
s/Sen. Steve Rauschenberger s/Rep. John Fritchey
s/Sen. Chris Lauzen s/Rep. Daniel Burke
s/Sen. Dan Cronin s/Rep. Brabara Currie
s/Sen. Debbie Halvorson s/Rep. Tom Cross
s/Sen. Louis Viverito s/Rep. Angelo Saviano
Committee for the Senate Committee for the House
Representative Mautino submitted the following First Conference
Committee Report on SENATE BILL 1202 which was ordered printed and
referred to the Committee on Rules:
91ST GENERAL ASSEMBLY
FIRST CONFERENCE COMMITTEE REPORT
ON SENATE BILL 1202
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
differences between the houses in relation to House Amendment No. 1
to Senate Bill 1202, recommend the following:
(1) that the Senate concur in House Amendment No. 1; and
(2) that Senate Bill 1202 be further amended as follows:
by replacing the title with the following:
"AN ACT in relation to local government officers."; and
in Section 5, in the introductory clause, by replacing "3-3009 and
3-3010" with "3-3009, 3-3010, 5-1103.1, and 5-5001"; and
in Section 5, below Sec. 3-3010, by inserting the following:
"(55 ILCS 5/5-1103.1) (from Ch. 34, par. 5-1103.1)
Sec. 5-1103.1. Contract for police protection. In counties
having fewer than 1,000,000 inhabitants, the county board may
contract, with advice and cooperation of the sheriff in the county in
which the request for contract services is made, based upon a
determination of law enforcement needs of the area in which contract
services are sought, with one or more incorporated municipalities
lying wholly or partly within the county to furnish police protection
in the area of the county that is not within the incorporated area of
any municipality having a regular police department.
(Source: P.A. 86-1028.)
(55 ILCS 5/5-5001) (from Ch. 34, par. 5-5001)
Sec. 5-5001. Police protection in townships outside incorporated
municipalities. The county board of any county may contract, with
advice and cooperation of the sheriff in the county in which the
request for contract services is made, based upon a determination of
law enforcement needs of the area in which contract services are
sought, with any township in the county to furnish police protection
outside of any incorporated municipality in the township.
(Source: P.A. 86-962.)"; and
below Section 5, by inserting the following:
"Section 10. The Township Code is amended by changing Section
30-150 as follows:
(60 ILCS 1/30-150)
Sec. 30-150. Police protection by municipality; county under
1,000,000. In counties having a population of less than 1,000,000,
the electors may authorize the township board to contract with one or
more incorporated municipalities lying wholly or partly within the
boundaries of the township, or with advice and cooperation of the
sheriff in the county in which the request for contract services is
made, based upon a determination of law enforcement needs of the area
5980 JOURNAL OF THE [May 26, 1999]
in which contract services are sought with the county within which
the township is located to furnish police protection in the area of
the township that is not within the incorporated area of any
municipality having a regular police department.
(Source: P.A. 82-783; 88-62.)
Section 15. The Illinois Municipal Code is amended by changing
Section 11-1-7 as follows:
(65 ILCS 5/11-1-7) (from Ch. 24, par. 11-1-7)
Sec. 11-1-7. The corporate authorities of any incorporated
municipality, the boundaries of which are not co-extensive with any
township, may contract with any such township in the county within
which the municipality is located to furnish police protection
outside of the incorporated municipality in such township.
The corporate authorities of any incorporated municipality
situated in a county of fewer than 1,000,000 inhabitants may
contract, with advice and cooperation of the sheriff in the county in
which the request for contract services is made, based upon a
determination of law enforcement needs of the area in which contract
services are sought, with the county in which the municipality is
located to furnish police protection in the county outside of the
incorporated municipality.
(Source: P.A. 86-769.)".
Submitted on May 26, 1999.
s/Sen. Judy Myers s/Rep. Frank Mautino
s/Sen. Kirk Dillard s/Rep. Calvin Giles
s/Sen. Walter Dudycz s/Rep. Kurt Granberg
s/Sen. Lawrence Walsh Rep. Art Tenhouse
s/Sen. Lisa Madigan Rep. Dan Rutherford
Committee for the Senate Committee for the House
CONCURRENCES AND NON-CONCURRENCES
IN SENATE AMENDMENT/S TO HOUSE BILLS
Senate Amendments numbered 1 and 2 to HOUSE BILL 1812, having
been printed, were taken up for consideration.
Representative Schmitz moved that the House refuse to concur with
the Senate in the adoption of Senate Amendments numbered 1 and 2.
The motion prevailed.
Ordered that the Clerk inform the Senate.
Senate Amendment No. 1 to HOUSE BILL 1079, having been printed,
was taken up for consideration.
Representative Brosnahan moved that the House refuse to concur
with the Senate in the adoption of Senate Amendment No. 1.
The motion prevailed.
Ordered that the Clerk inform the Senate.
Senate Amendment No. 1 to HOUSE BILL 287, having been printed,
was taken up for consideration.
Representative Tenhouse moved that the House refuse to concur
with the Senate in the adoption of Senate Amendment No. 1.
The motion prevailed.
Ordered that the Clerk inform the Senate.
Ordered that the Clerk inform the Senate.
RECEDE OR REFUSAL TO RECEDE
FROM HOUSE AMENDMENTS TO SENATE BILLS
HOUSE OF REPRESENTATIVES 5981
House Amendment No. 1 to SENATE BILL 1079, having been printed,
was taken up for consideration.
Representative Madigan then moved that the House refuse to recede
from said amendment and that a Committee of Conference, consisting of
five members on the part of the House and five members on the part of
the Senate, be appointed to consider the differences arising between
the two Houses.
The motion prevailed.
The Speaker appointed as such committee on the part of the House:
Representatives Hannig, Schoenberg, Currie; Tenhouse and Ryder.
Ordered that the Clerk inform the Senate.
House Amendment No. 1 to SENATE BILL 1080, having been printed,
was taken up for consideration.
Representative Madigan then moved that the House refuse to recede
from said amendment and that a Committee of Conference, consisting of
five members on the part of the House and five members on the part of
the Senate, be appointed to consider the differences arising between
the two Houses.
The motion prevailed.
The Speaker appointed as such committee on the part of the House:
Representatives Hannig, Schoenberg, Currie; Tenhouse and Ryder.
Ordered that the Clerk inform the Senate.
House Amendment No. 1 to SENATE BILL 629, having been printed,
was taken up for consideration.
Representative Rauschenberger then moved that the House refuse to
recede from said amendment and that a Committee of Conference,
consisting of five members on the part of the House and five members
on the part of the Senate, be appointed to consider the differences
arising between the two Houses.
The motion prevailed.
The Speaker appointed as such committee on the part of the House:
Representatives Hannig, Schoenberg, Silva; Tenhouse and Ryder.
Ordered that the Clerk inform the Senate.
House Amendment No. 1 to SENATE BILL 630, having been printed,
was taken up for consideration.
Representative Hannig then moved that the House refuse to recede
from said amendment and that a Committee of Conference, consisting of
five members on the part of the House and five members on the part of
the Senate, be appointed to consider the differences arising between
the two Houses.
The motion prevailed.
The Speaker appointed as such committee on the part of the House:
Representatives Hannig, Schoenberg, Howard; Tenhouse and Ryder.
RESOLUTIONS
HOUSE RESOLUTION 371 was taken up for consideration.
Representative Daniels moved the adoption of the resolution.
The motion prevailed and the Resolution was adopted.
ACTION ON MOTIONS
Representative Murphy asked and obtained unanimous consent to
suspend the posting requirements on the Personnel & Pensions
Committee at 2:00 o'clock p.m. today on SENATE BILLS 851, 1047 and
1103.
5982 JOURNAL OF THE [May 26, 1999]
RESOLUTIONS
HOUSE RESOLUTION 370 was taken up for consideration.
Representative Daniels moved the adoption of the resolution.
The motion prevailed and the Resolution was adopted.
RECEDE OR REFUSAL TO RECEDE
FROM HOUSE AMENDMENTS TO SENATE BILLS
House Amendments numbered 1, 2, 3 and 4 to SENATE BILL 286,
having been printed, were taken up for consideration.
Representative Steve Davis then moved that the House refuse to
recede from said amendments and that a Committee of Conference,
consisting of five members on the part of the House and five members
on the part of the Senate, be appointed to consider the differences
arising between the two Houses.
The motion prevailed.
The Speaker appointed as such committee on the part of the House:
Representatives Steve Davis, Burke, Currie; Tenhouse and Wait.
Ordered that the Clerk inform the Senate.
House Amendment No. 1 to SENATE BILL 487, having been printed,
was taken up for consideration.
Representative Burke then moved that the House refuse to recede
from said amendment and that a Committee of Conference, consisting of
five members on the part of the House and five members on the part of
the Senate, be appointed to consider the differences arising between
the two Houses.
The motion prevailed.
The Speaker appointed as such committee on the part of the House:
Representatives Burke, Currie, O'Brien; Tenhouse and Saviano.
Ordered that the Clerk inform the Senate.
House Amendment No. 1 to SENATE BILL 878, having been printed,
was taken up for consideration.
Representative Biggins then moved that the House refuse to recede
from said amendment and that a Committee of Conference, consisting of
five members on the part of the House and five members on the part of
the Senate, be appointed to consider the differences arising between
the two Houses.
The motion prevailed.
The Speaker appointed as such committee on the part of the House:
Representatives Currie, Pugh, McCarthy; Tenhouse and Biggins.
Ordered that the Clerk inform the Senate.
DISTRIBUTION OF SUPPLEMENTAL CALENDAR
Supplemental Calendar No. 1 was distributed to the Members at
1:46 o'clock p.m.
CONCURRENCES AND NON-CONCURRENCES
IN SENATE AMENDMENT/S TO HOUSE BILLS
Senate Amendment No. 2 to HOUSE BILL 953, having been printed,
was taken up for consideration.
Representative Madigan moved that the House concur with the
Senate in the adoption of Senate Amendment No. 2.
And on that motion, a vote was taken resulting as follows:
HOUSE OF REPRESENTATIVES 5983
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 2)
The motion prevailed and the House concurred with the Senate in
the adoption of Senate Amendment No. 2 to HOUSE BILL 953.
Ordered that the Clerk inform the Senate.
Senate Amendment No. 1 to HOUSE BILL 2733, having been printed,
was taken up for consideration.
Representative Tim Johnson moved that the House refuse to concur
with the Senate in the adoption of Senate Amendment No. 1.
The motion prevailed.
Ordered that the Clerk inform the Senate.
RECEDE OR REFUSAL TO RECEDE
FROM HOUSE AMENDMENTS TO SENATE BILLS
House Amendment No. 3 to SENATE BILL 460, having been printed,
was taken up for consideration.
Representative Hamos moved that the House recede from Amendment
No. 3.
And on that motion, a vote was taken resulting as follows:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 3)
The motion prevailed.
Ordered that the Clerk inform the Senate.
House Amendment No. 1 to SENATE BILL 1207, having been printed,
was taken up for consideration.
Representative Bellock moved that the House recede from Amendment
No. 1.
And on that motion, a vote was taken resulting as follows:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 4)
The motion prevailed.
Ordered that the Clerk inform the Senate.
CONFERENCE COMMITTEE REPORTS
Having been reported out of the Committee on Rules earlier today,
the First Conference Committee Report on Senate Amendment No. 1 to
HOUSE BILL 427, submitted to the House previously, was taken up for
consideration.
Representative Joseph Lyons moved the First Conference Committee
Report be adopted.
And on the motion, a vote was taken resulting as follows:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 5)
The motion prevailed and the First Conference Committee Report
was adopted.
Ordered that the Clerk inform the Senate.
Having been reported out of the Committee on Rules earlier today,
the First Conference Committee Report on Senate Amendments numbered 1
and 2 to HOUSE BILL 1670, submitted to the House previously, was
taken up for consideration.
Representative Woolard moved the First Conference Committee
Report be adopted.
And on the motion, a vote was taken resulting as follows:
115, Yeas; 0, Nays; 0, Answering Present.
5984 JOURNAL OF THE [May 26, 1999]
(ROLL CALL 6)
The motion prevailed and the First Conference Committee Report
was adopted.
Ordered that the Clerk inform the Senate.
Having been reported out of the Committee on Rules earlier today,
the First Conference Committee Report on House Amendment No. 1 to
SENATE BILL 73, submitted to the House previously, was taken up for
consideration.
Representative Wirsing moved the First Conference Committee
Report be adopted.
And on the motion, a vote was taken resulting as follows:
104, Yeas; 10, Nays; 0, Answering Present.
(ROLL CALL 7)
The motion prevailed and the First Conference Committee Report
was adopted.
Ordered that the Clerk inform the Senate.
Having been reported out of the Committee on Rules earlier today,
the First Conference Committee Report on House Amendment No. 1 to
SENATE BILL 171, submitted to the House previously, was taken up for
consideration.
Representative Reitz moved the First Conference Committee Report
be adopted.
And on the motion, a vote was taken resulting as follows:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 8)
The motion prevailed and the First Conference Committee Report
was adopted.
Ordered that the Clerk inform the Senate.
Having been reported out of the Committee on Rules earlier today,
the First Conference Committee Report on House Amendments numbered 1
and 2 to SENATE BILL 648, submitted to the House previously, was
taken up for consideration.
Representative Krause moved the First Conference Committee Report
be adopted.
And on the motion, a vote was taken resulting as follows:
113, Yeas; 0, Nays; 1, Answering Present.
(ROLL CALL 9)
The motion prevailed and the First Conference Committee Report
was adopted.
Ordered that the Clerk inform the Senate.
Having been reported out of the Committee on Rules earlier today,
the First Conference Committee Report on House Amendment No. 1 to
SENATE BILL 656, submitted to the House previously, was taken up for
consideration.
Representative Fritchey moved the First Conference Committee
Report be adopted.
And on the motion, a vote was taken resulting as follows:
67, Yeas; 48, Nays; 0, Answering Present.
(ROLL CALL 10)
The motion prevailed and the First Conference Committee Report
was adopted.
Ordered that the Clerk inform the Senate.
SENATE BILLS ON SECOND READING
SENATE BILL 941. Having been recalled on May 25, 1999, and held
HOUSE OF REPRESENTATIVES 5985
on the order of Second Reading, the same was again taken up.
Representative Winters offered the following amendment and moved
its adoption:
AMENDMENT NO. 4 TO SENATE BILL 941
AMENDMENT NO. 4. Amend Senate Bill 941, AS AMENDED, by replacing
the title with the following:
"AN ACT to amend the Local Governmental and Governmental
Employees Tort Immunity Act by changing Sections 9-103 and 9-107.";
and
by replacing everything after the enacting clause with the following:
"Section 5. The Local Governmental and Governmental Employees
Tort Immunity Act is amended by changing Sections 9-103 and 9-107 as
follows:
(745 ILCS 10/9-103) (from Ch. 85, par. 9-103)
Sec. 9-103. (a) A local public entity may protect itself against
any liability, property damage or against any liability or loss which
may be imposed upon it or one of its employees for a tortious act
under Federal or State common or statutory law, or imposed upon it
under the Workers' Compensation Act, the Workers' Occupational
Diseases Act, or the Unemployment Insurance Act by means including,
but not limited to, insurance, individual or joint self-insurance,
including all operating and administrative costs and expenses
directly associated therewith, claims services and risk management
directly attributable to loss prevention and loss reduction, legal
services directly attributable to the insurance, self-insurance, or
joint self-insurance program, educational, inspectional, and
supervisory services directly relating to loss prevention and loss
reduction, or participation in a reciprocal insurer as provided in
Sections 72, 76 and 81 of the Illinois Insurance Code. Insurance
shall be carried with a company authorized by the Department of
Insurance to write such insurance coverage in Illinois.
(a-5) A local public entity may individually or jointly
self-insure provided it complies with any other statutory
requirements specifically related to individual or joint
self-insurance by local public entities. Whenever the terms
"self-insure" or "self-insurance" are utilized within this Act, such
term shall apply to both individual and joint self-insurance. The
expenditure of funds of a local public entity to protect itself or
its employees against liability is proper for any local public
entity. A local public entity that has individually self-insured may
establish reserves for expected losses for any liability or loss for
which the local public entity is authorized to purchase insurance
under this Act. The decision of the local public entity to establish
a reserve and the amount of the reserve shall be based on reasonable
actuarial or insurance underwriting evidence. Property taxes shall
not be levied or extended if the effect is to increase the reserve
beyond 125% of the actuary's or insurance underwriter's estimated
ultimate losses at the 95% confidence level. Certification of the
amount of the reserve shall be made by the independent auditor,
actuary, or insurance underwriter and included in an annual report.
The annual report shall also list all expenditures from the reserve
or from property taxes levied or extended for tort immunity purposes.
Total claims payments and total reserves must be listed in aggregate
amounts. All other expenditures must be identified individually. A
local public entity that maintains a self-insurance reserve or that
levies and extends a property tax for tort immunity purposes must
include in its audit or annual report any expenditures made from the
property tax levy or self-insurance reserve within the scope of the
5986 JOURNAL OF THE [May 26, 1999]
audit or annual report.
(b) A local public entity may contract for or purchase any of
the guaranteed fund certificates or shares of guaranteed capital as
provided for in Section 56 of the Illinois Insurance Code. The
expenditure of funds of the local public entity for said contract or
purchase is proper for any local public entity.
(c) Any insurance company that provides insurance coverage to a
local public entity shall utilize any immunities or may assert any
defenses to which the insured local public entity or its employees
are entitled. Public entities which are individually or jointly
self-insured shall be entitled to assert all of the immunities
provided by this Act or by common law or statute on behalf of
themselves or their employees unless the local public entities shall
elect by action of their corporate authorities or specifically
contract to waive in whole or in part such immunities.
(d) Within 30 days after January 1, 1991, and within 30 days
after each January 1 thereafter, local public entities that are
individually or jointly self-insured to protect against liability
under the Workers' Compensation Act and the Workers' Occupational
Diseases Act shall file with the Industrial Commission a report
indicating an election to self-insure.
(Source: P.A. 89-150, eff. 7-14-95.)
(745 ILCS 10/9-107) (from Ch. 85, par. 9-107)
Sec. 9-107. Policy; tax levy.
(a) The General Assembly finds that the purpose of this Section
is to provide an extraordinary tax for funding expenses relating to
tort liability, insurance, and risk management programs. Thus, the
tax has been excluded from various limitations otherwise applicable
to tax levies. Notwithstanding the extraordinary nature of the tax
authorized by this Section, however, it has become apparent that some
units of local government are using the tax revenue to fund expenses
more properly paid from general operating funds. These uses of the
revenue are inconsistent with the limited purpose of the tax
authorization.
Therefore, the General Assembly declares, as a matter of policy,
that (i) the use of the tax revenue authorized by this Section for
purposes not expressly authorized under this Act is improper and (ii)
the provisions of this Section shall be strictly construed consistent
with this declaration and the Act's express purposes.
(b) A local public entity may annually levy or have levied on
its behalf taxes upon all taxable property within its territory at a
rate that will produce a sum that will be sufficient to: (i) pay the
cost of insurance, individual or joint self-insurance (including
reserves thereon), including all operating and administrative costs
and expenses directly associated therewith, claims services and risk
management directly attributable to loss prevention and loss
reduction, legal services directly attributable to the insurance,
self-insurance, or joint self-insurance program, and educational,
inspectional, and supervisory services directly relating to loss
prevention and loss reduction, participation in a reciprocal insurer
as provided in Sections 72, 76, and 81 of the Illinois Insurance
Code, or participation in a reciprocal insurer, all as provided in
settlements or judgments under Section 9-102, including all costs and
reserves directly attributable to being a member of an insurance
pool, under Section 9-103; (ii) pay the costs of and principal and
interest on bonds issued under Section 9-105; (iii) pay judgments and
settlements under Section 9-104; and (iv) discharge obligations under
Section 34-18.1 of The School Code, as now or hereafter amended, and
to pay the cost of risk management programs. Provided it complies
with any other applicable statutory requirements, the local public
entity may self-insure and establish reserves for expected losses for
HOUSE OF REPRESENTATIVES 5987
any property damage or for any liability or loss for which the local
public entity is authorized to levy or have levied on its behalf
taxes for the purchase of insurance or the payment of judgments or
settlements under this Section. The decision of the board to
establish a reserve shall be based on reasonable actuarial or
insurance underwriting evidence and subject to the limits and
reporting provisions in Section 9-103.
Funds raised pursuant to this Section shall only be used for the
purposes specified in this Act, including protection against and
reduction of any liability or loss described hereinabove and under
Federal or State common or statutory law, the Workers' Compensation
Act, the Workers' Occupational Diseases Act and the Unemployment
Insurance Act. Funds raised pursuant to this Section may be invested
in any manner in which other funds of local public entities may be
invested under Section 2 of the Public Funds Investment Act.
Interest on such funds shall be used only for purposes for which the
funds can be used or, if surplus, must be used for abatement of
property taxes levied by the local taxing entity.
A local public entity may enter into intergovernmental contracts
with a term of not to exceed 12 years for the provision of joint
self-insurance which contracts may include an obligation to pay a
proportional share of a general obligation or revenue bond or other
debt instrument issued by a local public entity which is a party to
the intergovernmental contract and is authorized by the terms of the
contract to issue the bond or other debt instrument. Funds due under
such contracts shall not be considered debt under any constitutional
or statutory limitation and the local public entity may levy or have
levied on its behalf taxes to pay for its proportional share under
the contract. Funds raised pursuant to intergovernmental contracts
for the provision of joint self-insurance may only be used for the
payment of any cost, liability or loss against which a local public
entity may protect itself or self-insure pursuant to Section 9-103 or
for the payment of which such entity may levy a tax pursuant to this
Section, including tort judgments or settlements, costs associated
with the issuance, retirement or refinancing of the bonds or other
debt instruments, the repayment of the principal or interest of the
bonds or other debt instruments, the costs of the administration of
the joint self-insurance fund, consultant, and risk care management
programs or the costs of insurance. Any surplus returned to the
local public entity under the terms of the intergovernmental contract
shall be used only for purposes set forth in subsection (a) of
Section 9-103 and Section 9-107 or for abatement of property taxes
levied by the local taxing entity.
Any tax levied under this Section shall be levied and collected
in like manner with the general taxes of the entity and shall be
exclusive of and in addition to the amount of tax that entity is now
or may hereafter be authorized to levy for general purposes under any
statute which may limit the amount of tax which that entity may levy
for general purposes. The county clerk of the county in which any
part of the territory of the local taxing entity is located, in
reducing tax levies under the provisions of any Act concerning the
levy and extension of taxes, shall not consider any tax provided for
by this Section as a part of the general tax levy for the purposes of
the entity nor include such tax within any limitation of the percent
of the assessed valuation upon which taxes are required to be
extended for such entity.
With respect to taxes levied under this Section, either before,
on, or after the effective date of this amendatory Act of 1994:
(1) Those taxes are excepted from and shall not be included
within the rate limitation imposed by law on taxes levied for
general corporate purposes by the local public entity authorized
5988 JOURNAL OF THE [May 26, 1999]
to levy a tax under this Section.
(2) Those taxes that a local public entity has levied in
reliance on this Section and that are excepted under paragraph
(1) from the rate limitation imposed by law on taxes levied for
general corporate purposes by the local public entity are not
invalid because of any provision of the law authorizing the
local public entity's tax levy for general corporate purposes
that may be construed or may have been construed to restrict or
limit those taxes levied, and those taxes are hereby validated.
This validation of taxes levied applies to all cases pending on
or after the effective date of this amendatory Act of 1994.
(3) Paragraphs (1) and (2) do not apply to a hospital
organized under Article 170 or 175 of the Township Code, under
the Town Hospital Act, or under the Township Non-Sectarian
Hospital Act and do not give any authority to levy taxes on
behalf of such a hospital in excess of the rate limitation
imposed by law on taxes levied for general corporate purposes. A
hospital organized under Article 170 or 175 of the Township Code,
under the Town Hospital Act, or under the Township Non-Sectarian
Hospital Act is not prohibited from levying taxes in support of
tort liability bonds if the taxes do not cause the hospital's
aggregate tax rate from exceeding the rate limitation imposed by
law on taxes levied for general corporate purposes.
Revenues derived from such tax shall be paid to the treasurer of
the local taxing entity as collected and used for the purposes of
this Section and of Section 9-102, 9-103, 9-104 or 9-105, as the
case may be. If payments on account of such taxes are insufficient
during any year to meet such purposes, the entity may issue tax
anticipation warrants against the current tax levy in the manner
provided by statute.
(Source: P.A. 88-545; 88-692, eff. 2-4-95; 89-150, eff. 7-14-95.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 4
was adopted and the bill, as amended, was again advanced to the order
of Third Reading.
SENATE BILL 311. Having been read by title a second time on May
21, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Garrett offered and withdrew Amendment No. 2.
Representative Garrett offered the following amendment and moved
its adoption:
AMENDMENT NO. 3 TO SENATE BILL 311
AMENDMENT NO. 3. Amend Senate Bill 311 by replacing everything
after the enacting clause with the following:
"Section 5. The Civil Administrative Code of Illinois is amended
by changing Section 49.13 as follows:
(20 ILCS 2705/49.13) (from Ch. 127, par. 49.13)
Sec. 49.13. Lease of property.
(a) From time to time to lease any land or property, with or
without appurtenances, of which the Department has jurisdiction, and
which are not immediately to be used or developed by the State;
provided that no such lease be for a longer period of time than that
HOUSE OF REPRESENTATIVES 5989
in which it can reasonably be expected the State will not have use
for such property, and further provided that no such lease be for a
longer period of time than 5 years, except as provided in subsection
(b).
(b) In counties with a population of not less than 500,000 and
not more than 800,000, a lease to any other department of State
government, any authority, commission, or agency of the State, or a
municipality, county, or township of the State, including in any land
lease the corresponding vertical rights, subterranean and air rights,
and sublease rights, may be for a period of time no longer than 55
years.
(Source: Laws 1953, p. 1443.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 3
was adopted and the bill, as amended, was held on the order of Second
Reading.
DISTRIBUTION OF SUPPLEMENTAL CALENDAR
Supplemental Calendar No. 2 was distributed to the Members at
3:34 o'clock p.m.
CONFERENCE COMMITTEE REPORTS
Having been reported out of the Committee on Rules earlier today,
the First Conference Committee Report on Senate Amendments numbered 1
and 2 to HOUSE BILL 2166, submitted to the House previously, was
taken up for consideration.
Representative Leitch moved the First Conference Committee Report
be adopted.
And on the motion, a vote was taken resulting as follows:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 11)
The motion prevailed and the First Conference Committee Report
was adopted.
Ordered that the Clerk inform the Senate.
RECEDE OR REFUSAL TO RECEDE
FROM HOUSE AMENDMENTS TO SENATE BILLS
House Amendment No. 2 to SENATE BILL 457, having been printed,
was taken up for consideration.
Representative Hassert then moved that the House refuse to recede
from said amendment and that a Committee of Conference, consisting of
five members on the part of the House and five members on the part of
the Senate, be appointed to consider the differences arising between
the two Houses.
The motion prevailed.
The Speaker appointed as such committee on the part of the House:
Representatives Madigan, Scott, Currie; Rutherford and Hassert.
Ordered that the Clerk inform the Senate.
RECALLS
By unanimous consent, on motion of Representative Novak, SENATE
5990 JOURNAL OF THE [May 26, 1999]
BILL 23 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
SENATE BILLS ON SECOND READING
Having been read by title a second time earlier today and held,
the following bill was taken up and advanced to the order of Third
Reading: SENATE BILL 311.
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 Garrett, SENATE BILL 311 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; 34, Nays; 1, Answering Present.
(ROLL CALL 12)
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.
DISTRIBUTION OF SUPPLEMENTAL CALENDAR
Supplemental Calendar No. 3 was distributed to the Members at
4:39 o'clock p.m.
CONFERENCE COMMITTEE REPORTS
Having been reported out of the Committee on Rules earlier today,
the First Conference Committee Report on Senate Amendments numbered
1, 2 and 3 to HOUSE BILL 452, submitted to the House previously, was
taken up for consideration.
Representative Hannig moved the First Conference Committee Report
be adopted.
And on the motion, a vote was taken resulting as follows:
71, Yeas; 42, Nays; 2, Answering Present.
(ROLL CALL 13)
The motion prevailed and the First Conference Committee Report
was adopted.
Ordered that the Clerk inform the Senate.
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 Fritchey, SENATE BILL 1125 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
62, Yeas; 51, Nays; 0, Answering Present.
(ROLL CALL 14)
HOUSE OF REPRESENTATIVES 5991
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
SENATE BILL 26. Having been read by title a second time on May
21, 1999, and held on the order of Second Reading, the same was again
taken up.
Pursuant to the motion submitted previously, Representative
O'Brien moved to reconsider the vote by which Amendment No. 2 to
SENATE BILL 26 was lost in the House on May 18, 1999.
The motion previaled.
Representative O'Brien again offered the following amendment and
moved its adoption:
AMENDMENT NO. 2 TO SENATE BILL 26
AMENDMENT NO. 2. Amend Senate Bill 26, AS AMENDED, with
reference to page and line numbers of House Amendment No. 1, on page
2, by replacing lines 20 through 30 with the following:
"(b) In counties with a county executive form of government as
defined in Section 2-5003 of the Counties Code or any forest preserve
district established after July 1, 1999, an owner-occupied residence
that qualifies as homestead property under Section 15-175 of the
Property Tax Code or an owner-operated farm as a farm is defined in
Section 1-60 of the Property Tax Code may not be taken for
recreational purposes by a forest preserve district except with the
consent of the owner. The restriction in this subsection (b) does
not apply if the owner is a willing seller. The restriction in this
subsection (b) does not apply to takings of property by a public
utility authorized by a grant of authority issued under Article VIII
of the Public Utilities Act.".
And on that motion, a vote was taken resulting as follows:
61, Yeas; 53, Nays; 1, Answering Present.
(ROLL CALL 15)
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 held on the order of Second
Reading.
CONFERENCE COMMITTEE REPORTS
Having been reported out of the Committee on Rules earlier today,
the First Conference Committee Report on House Amendment No. 1 to
SENATE BILL 242, submitted to the House previously, was taken up for
consideration.
Representative McKeon moved the First Conference Committee Report
be adopted.
And on the motion, a vote was taken resulting as follows:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 16)
The motion prevailed and the First Conference Committee Report
5992 JOURNAL OF THE [May 26, 1999]
was adopted.
Ordered that the Clerk inform the Senate.
RESOLUTIONS
Having been reported out of the Committee on Rules on May 24,
1999, HOUSE RESOLUTION 336 was taken up for consideration.
Representative Slone moved the adoption of the resolution.
And on that motion, a vote was taken resulting as follows:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 17)
The motion prevailed and the Resolution was adopted.
CONCURRENCES AND NON-CONCURRENCES
IN SENATE AMENDMENT/S TO HOUSE BILLS
Senate Amendment No. 4 to HOUSE BILL 619, having been printed,
was taken up for consideration.
Representative Capparelli moved that the House refuse to concur
with the Senate in the adoption of Senate Amendment No. 4.
The motion prevailed.
Ordered that the Clerk inform the Senate.
SENATE BILLS ON SECOND READING
SENATE BILL 251. Having been recalled on May 25, 1999, and held
on the order of Second Reading, the same was again taken up.
Representative Flowers offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO SENATE BILL 251
AMENDMENT NO. 2. Amend Senate Bill 251 by replacing the title
with the following:
"AN ACT concerning the delivery of health care services, amending
named Acts."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Managed
Care Reform and Patient Rights Act.
Section 5. Health care patient rights.
(a) The General Assembly finds that:
(1) A patient has the right to care consistent with
professional standards of practice to assure quality nursing and
medical practices, to choose the participating physician
responsible for coordinating his or her care, to receive
information concerning his or her condition and proposed
treatment, to refuse any treatment to the extent permitted by
law, and to privacy and confidentiality of records except as
otherwise provided by law.
(2) A patient has the right, regardless of source of
payment, to examine and to receive a reasonable explanation of
his or her total bill for health care services rendered by his or
her physician or other health care provider, including the
itemized charges for specific health care services received. A
physician or other health care provider has responsibility only
for a reasonable explanation of those specific health care
services provided by the health care provider.
(3) A patient has the right to timely prior notice of the
HOUSE OF REPRESENTATIVES 5993
termination whenever a health care plan cancels or refuses to
renew an enrollee's participation in the plan.
(4) A patient has the right to privacy and confidentiality
in health care. This right may be expressly waived in writing by
the patient or the patient's guardian.
(5) An individual has the right to purchase any health care
services with that individual's own funds.
(b) Nothing in this Section shall preclude the health care plan
from sharing information for plan quality assessment and improvement
purposes as required by Section 80.
Section 10. Definitions:
"Adverse determination" means a determination by a health care
plan under Section 45 or by a utilization review program under
Section 85 that a health care service is not medically necessary.
"Clinical peer" means a health care professional who is in the
same profession and the same or similar specialty as the health care
provider who typically manages the medical condition, procedures, or
treatment under review.
"Department" means the Department of Insurance.
"Emergency medical condition" means a medical condition
manifesting itself by acute symptoms of sufficient severity
(including, but not limited to, severe pain) such that a prudent
layperson, who possesses an average knowledge of health and medicine,
could reasonably expect the absence of immediate medical attention to
result in:
(1) placing the health of the individual (or, with respect
to a pregnant woman, the health of the woman or her unborn child)
in serious jeopardy;
(2) serious impairment to bodily functions; or
(3) serious dysfunction of any bodily organ or part.
"Emergency medical screening examination" means a medical
screening examination and evaluation by a physician licensed to
practice medicine in all its branches, or to the extent permitted by
applicable laws, by other appropriately licensed personnel under the
supervision of or in collaboration with a physician licensed to
practice medicine in all its branches to determine whether the need
for emergency services exists.
"Emergency services" means, with respect to an enrollee of a
health care plan, transportation services, including but not limited
to ambulance services, and covered inpatient and outpatient hospital
services furnished by a provider qualified to furnish those services
that are needed to evaluate or stabilize an emergency medical
condition. "Emergency services" does not refer to post-stabilization
medical services.
"Enrollee" means any person and his or her dependents enrolled in
or covered by a health care plan.
"Health care plan" means a plan that establishes, operates, or
maintains a network of health care providers that has entered into an
agreement with the plan to provide health care services to enrollees
to whom the plan has the ultimate obligation to arrange for the
provision of or payment for services through organizational
arrangements for ongoing quality assurance, utilization review
programs, or dispute resolution. Nothing in this definition shall be
construed to mean that an independent practice association or a
physician hospital organization that subcontracts with a health care
plan is, for purposes of that subcontract, a health care plan.
For purposes of this definition, "health care plan" shall not
include the following:
(1) indemnity health insurance policies including those
using a contracted provider network;
(2) health care plans that offer only dental or only vision
5994 JOURNAL OF THE [May 26, 1999]
coverage;
(3) preferred provider administrators, as defined in
Section 370g(g) of the Illinois Insurance Code;
(4) employee or employer self-insured health benefit plans
under the federal Employee Retirement Income Security Act of
1974;
(5) health care provided pursuant to the Workers'
Compensation Act or the Workers' Occupational Diseases Act; and
(6) not-for-profit voluntary health services plans with
health maintenance organization authority in existence as of
January 1, 1999 that are affiliated with a union and that only
extend coverage to union members and their dependents.
"Health care professional" means a physician, a registered
professional nurse, or other individual appropriately licensed or
registered to provide health care services.
"Health care provider" means any physician, hospital facility, or
other person that is licensed or otherwise authorized to deliver
health care services. Nothing in this Act shall be construed to
define Independent Practice Associations or Physician-Hospital
Organizations as health care providers.
"Health care services" means any services included in the
furnishing to any individual of medical care, or the hospitalization
incident to the furnishing of such care, as well as the furnishing to
any person of any and all other services for the purpose of
preventing, alleviating, curing, or healing human illness or injury
including home health and pharmaceutical services and products.
"Medical director" means a physician licensed in any state to
practice medicine in all its branches appointed by a health care
plan.
"Person" means a corporation, association, partnership, limited
liability company, sole proprietorship, or any other legal entity.
"Physician" means a person licensed under the Medical Practice
Act of 1987.
"Post-stabilization medical services" means health care services
provided to an enrollee that are furnished in a licensed hospital by
a provider that is qualified to furnish such services, and determined
to be medically necessary and directly related to the emergency
medical condition following stabilization.
"Stabilization" means, with respect to an emergency medical
condition, to provide such medical treatment of the condition as may
be necessary to assure, within reasonable medical probability, that
no material deterioration of the condition is likely to result.
"Utilization review" means the evaluation of the medical
necessity, appropriateness, and efficiency of the use of health care
services, procedures, and facilities.
"Utilization review program" means a program established by a
person to perform utilization review.
Section 15. Provision of information.
(a) A health care plan shall provide annually to enrollees and
prospective enrollees, upon request, a complete list of participating
health care providers in the health care plan's service area and a
description of the following terms of coverage:
(1) the service area;
(2) the covered benefits and services with all exclusions,
exceptions, and limitations;
(3) the pre-certification and other utilization review
procedures and requirements;
(4) a description of the process for the selection of a
primary care physician, any limitation on access to specialists,
and the plan's standing referral policy;
(5) the emergency coverage and benefits, including any
HOUSE OF REPRESENTATIVES 5995
restrictions on emergency care services;
(6) the out-of-area coverage and benefits, if any;
(7) the enrollee's financial responsibility for copayments,
deductibles, premiums, and any other out-of-pocket expenses;
(8) the provisions for continuity of treatment in the event
a health care provider's participation terminates during the
course of an enrollee's treatment by that provider;
(9) the appeals process, forms, and time frames for health
care services appeals, complaints, and external independent
reviews, administrative complaints, and utilization review
complaints, including a phone number to call to receive more
information from the health care plan concerning the appeals
process; and
(10) a statement of all basic health care services and all
specific benefits and services mandated to be provided to
enrollees by any State law or administrative rule.
In the event of an inconsistency between any separate written
disclosure statement and the enrollee contract or certificate, the
terms of the enrollee contract or certificate shall control.
(b) Upon written request, a health care plan shall provide to
enrollees a description of the financial relationships between the
health care plan and any health care provider and, if requested, the
percentage of copayments, deductibles, and total premiums spent on
healthcare related expenses and the percentage of copayments,
deductibles, and total premiums spent on other expenses, including
administrative expenses, except that no health care plan shall be
required to disclose specific provider reimbursement.
(c) A participating health care provider shall provide all of
the following, where applicable, to enrollees upon request:
(1) Information related to the health care provider's
educational background, experience, training, specialty, and
board certification, if applicable.
(2) The names of licensed facilities on the provider panel
where the health care provider presently has privileges for the
treatment, illness, or procedure that is the subject of the
request.
(3) Information regarding the health care provider's
participation in continuing education programs and compliance
with any licensure, certification, or registration requirements,
if applicable.
(d) A health care plan shall provide the information required to
be disclosed under this Act upon enrollment and annually thereafter
in a legible and understandable format. The Department shall
promulgate rules to establish the format based, to the extent
practical, on the standards developed for supplemental insurance
coverage under Title XVIII of the federal Social Security Act as a
guide, so that a person can compare the attributes of the various
health care plans.
(e) The written disclosure requirements of this Section may be
met by disclosure to one enrollee in a household.
Section 20. Notice of nonrenewal or termination. A health care
plan must give at least 60 days notice of nonrenewal or termination
of a health care provider to the health care provider and to the
enrollees served by the health care provider. The notice shall
include a name and address to which an enrollee or health care
provider may direct comments and concerns regarding the nonrenewal or
termination. Immediate written notice may be provided without 60 days
notice when a health care provider's license has been disciplined by
a State licensing board.
Section 25. Transition of services.
(a) A health care plan shall provide for continuity of care for
5996 JOURNAL OF THE [May 26, 1999]
its enrollees as follows:
(1) If an enrollee's physician leaves the health care
plan's network of health care providers for reasons other than
termination of a contract in situations involving imminent harm
to a patient or a final disciplinary action by a State licensing
board and the physician remains within the health care plan's
service area, the health care plan shall permit the enrollee to
continue an ongoing course of treatment with that physician
during a transitional period:
(A) of 90 days from the date of the notice of
physician's termination from the health care plan to the
enrollee of the physician's disaffiliation from the health
care plan if the enrollee has an ongoing course of
treatment; or
(B) if the enrollee has entered the third trimester of
pregnancy at the time of the physician's disaffiliation,
that includes the provision of post-partum care directly
related to the delivery.
(2) Notwithstanding the provisions in item (1) of this
subsection, such care shall be authorized by the health care plan
during the transitional period only if the physician agrees:
(A) to continue to accept reimbursement from the
health care plan at the rates applicable prior to the start
of the transitional period;
(B) to adhere to the health care plan's quality
assurance requirements and to provide to the health care
plan necessary medical information related to such care;
and
(C) to otherwise adhere to the health care plan's
policies and procedures, including but not limited to
procedures regarding referrals and obtaining
preauthorizations for treatment.
(b) A health care plan shall provide for continuity of care for
new enrollees as follows:
(1) If a new enrollee whose physician is not a member of
the health care plan's provider network, but is within the health
care plan's service area, enrolls in the health care plan, the
health care plan shall permit the enrollee to continue an ongoing
course of treatment with the enrollee's current physician during
a transitional period:
(A) of 90 days from the effective date of enrollment
if the enrollee has an ongoing course of treatment; or
(B) if the enrollee has entered the third trimester of
pregnancy at the effective date of enrollment, that includes
the provision of post-partum care directly related to the
delivery.
(2) If an enrollee elects to continue to receive care from
such physician pursuant to item (1) of this subsection, such care
shall be authorized by the health care plan for the transitional
period only if the physician agrees:
(A) to accept reimbursement from the health care plan
at rates established by the health care plan; such rates
shall be the level of reimbursement applicable to similar
physicians within the health care plan for such services;
(B) to adhere to the health care plan's quality
assurance requirements and to provide to the health care
plan necessary medical information related to such care;
and
(C) to otherwise adhere to the health care plan's
policies and procedures including, but not limited to
procedures regarding referrals and obtaining
HOUSE OF REPRESENTATIVES 5997
preauthorization for treatment.
(c) In no event shall this Section be construed to require a
health care plan to provide coverage for benefits not otherwise
covered or to diminish or impair preexisting condition limitations
contained in the enrollee's contract.
Section 30. Prohibitions.
(a) No health care plan or its subcontractors may prohibit or
discourage health care providers by contract or policy from
discussing any health care services and health care providers,
utilization review and quality assurance policies, terms and
conditions of plans and plan policy with enrollees, prospective
enrollees, providers, or the public.
(b) No health care plan by contract, written policy, or
procedure may permit or allow an individual or entity to dispense a
different drug in place of the drug or brand of drug ordered or
prescribed without the express permission of the person ordering or
prescribing the drug, except as provided under Section 3.14 of the
Illinois Food, Drug and Cosmetic Act.
(c) Any violation of this Section shall be subject to the
penalties under this Act.
Section 35. Medically appropriate health care protection.
(a) No health care plan or its subcontractors shall retaliate
against a physician or other health care provider who advocates for
appropriate health care services for patients.
(b) It is the public policy of the State of Illinois that a
physician or any other health care provider be encouraged to advocate
for medically appropriate health care services for his or her
patients. For purposes of this Section, "to advocate for medically
appropriate health care services" means to appeal a decision to deny
payment for a health care service pursuant to the reasonable
grievance or appeal procedure established by a health care plan or to
protest a decision, policy, or practice that the physician or other
health care provider, consistent with that degree of learning and
skill ordinarily possessed by physicians or other health care
providers practicing in the same or a similar locality and under
similar circumstances, reasonably believes impairs the physician's or
other health care provider's ability to provide appropriate health
care services to his or her patients.
(c) This Section shall not be construed to prohibit a health
care plan or its subcontractors from making a determination not to
pay for a particular health care service or to prohibit a medical
group, independent practice association, preferred provider
organization, foundation, hospital medical staff, hospital governing
body or health care plan from enforcing reasonable peer review or
utilization review protocols or determining whether a physician or
other health care provider has complied with those protocols.
(d) Nothing in this Section shall be construed to prohibit the
governing body of a hospital or the hospital medical staff from
taking disciplinary actions against a physician as authorized by law.
(e) Nothing in this Section shall be construed to prohibit the
Department of Professional Regulation from taking disciplinary
actions against a physician or other health care provider under the
appropriate licensing Act.
(f) Any violation of this Section shall be subject to the
penalties under this Act.
Section 40. Access to specialists.
(a) All health care plans that require each enrollee to select a
health care provider for any purpose including coordination of care
shall permit an enrollee to choose any available primary care
physician licensed to practice medicine in all its branches
participating in the health care plan for that purpose. The health
5998 JOURNAL OF THE [May 26, 1999]
care plan shall provide the enrollee with a choice of licensed health
care providers who are accessible and qualified. Nothing in this Act
shall be construed to prohibit a health care plan from requiring a
health care provider to meet the health care plan's criteria in order
to coordinate access to health care.
(b) A health care plan shall establish a procedure by which an
enrollee who has a condition that requires ongoing care from a
specialist physician or other health care provider may apply for a
standing referral to a specialist physician or other health care
provider if a referral to a specialist physician or other health care
provider is required for coverage. The application shall be made to
the enrollee's primary care physician. This procedure for a standing
referral must specify the necessary criteria and conditions that must
be met in order for an enrollee to obtain a standing referral. A
standing referral shall be effective for the period necessary to
provide the referred services or one year, except in the event of
termination of a contract or policy in which case Section 25 on
transition of services shall apply, if applicable. A primary care
physician may renew and re-renew a standing referral.
(c) The enrollee may be required by the health care plan to
select a specialist physician or other health care provider who has a
referral arrangement with the enrollee's primary care physician or to
select a new primary care physician who has a referral arrangement
with the specialist physician or other health care provider chosen by
the enrollee. If a health care plan requires an enrollee to select a
new physician under this subsection, the health care plan must
provide the enrollee with both options provided in this subsection.
When a participating specialist with a referral arrangement is not
available, the primary care physician, in consultation with the
enrollee, shall arrange for the enrollee to have access to a
qualified participating health care provider, and the enrollee shall
be allowed to stay with his or her primary care physician. If a
secondary referral is necessary, the specialist physician or other
health care provider shall advise the primary care physician. The
primary care physician shall be responsible for making the secondary
referral. In addition, the health care plan shall require the
specialist physician or other health care provider to provide regular
updates to the enrollee's primary care physician.
(d) When the type of specialist physician or other health care
provider needed to provide ongoing care for a specific condition is
not represented in the health care plan's provider network, the
primary care physician shall arrange for the enrollee to have access
to a qualified non-participating health care provider within a
reasonable distance and travel time at no additional cost beyond what
the enrollee would otherwise pay for services received within the
network. The referring physician shall notify the plan when a
referral is made outside the network.
(e) The enrollee's primary care physician shall remain
responsible for coordinating the care of an enrollee who has received
a standing referral to a specialist physician or other health care
provider. If a secondary referral is necessary, the specialist
physician or other health care provider shall advise the primary care
physician. The primary care physician shall be responsible for
making the secondary referral. In addition, the health care plan
shall require the specialist physician or other health care provider
to provide regular updates to the enrollee's primary care physician.
(f) If an enrollee's application for any referral is denied, an
enrollee may appeal the decision through the health care plan's
external independent review process in accordance with subsection (f)
of Section 45 of this Act.
(g) Nothing in this Act shall be construed to require an
HOUSE OF REPRESENTATIVES 5999
enrollee to select a new primary care physician when no referral
arrangement exists between the enrollee's primary care physician and
the specialist selected by the enrollee and when the enrollee has a
long-standing relationship with his or her primary care physician.
(h) In promulgating rules to implement this Act, the Department
shall define "standing referral" and "ongoing course of treatment".
Section 45. Health care services appeals, complaints, and
external independent reviews.
(a) A health care plan shall establish and maintain an appeals
procedure as outlined in this Act. Compliance with this Act's
appeals procedures shall satisfy a health care plan's obligation to
provide appeal procedures under any other State law or rules. All
appeals of a health care plan's administrative determinations and
complaints regarding its administrative decisions shall be handled as
required under Section 50.
(b) When an appeal concerns a decision or action by a health
care plan, its employees, or its subcontractors that relates to (i)
health care services, including, but not limited to, procedures or
treatments, for an enrollee with an ongoing course of treatment
ordered by a health care provider, the denial of which could
significantly increase the risk to an enrollee's health, or (ii) a
treatment referral, service, procedure, or other health care service,
the denial of which could significantly increase the risk to an
enrollee's health, the health care plan must allow for the filing of
an appeal either orally or in writing. Upon submission of the
appeal, a health care plan must notify the party filing the appeal,
as soon as possible, but in no event more than 24 hours after the
submission of the appeal, of all information that the plan requires
to evaluate the appeal. The health care plan shall render a decision
on the appeal within 24 hours after receipt of the required
information. The health care plan shall notify the party filing the
appeal and the enrollee, enrollee's primary care physician, and any
health care provider who recommended the health care service involved
in the appeal of its decision orally followed-up by a written notice
of the determination.
(c) For all appeals related to health care services including,
but not limited to, procedures or treatments for an enrollee and not
covered by subsection (b) above, the health are plan shall establish
a procedure for the filing of such appeals. Upon submission of an
appeal under this subsection, a health care plan must notify the
party filing an appeal, within 3 business days, of all information
that the plan requires to evaluate the appeal. The health care plan
shall render a decision on the appeal within 15 business days after
receipt of the required information. The health care plan shall
notify the party filing the appeal, the enrollee, the enrollee's
primary care physician, and any health care provider who recommended
the health care service involved in the appeal orally of its decision
followed-up by a written notice of the determination.
(d) An appeal under subsection (b) or (c) may be filed by the
enrollee, the enrollee's designee or guardian, the enrollee's primary
care physician, or the enrollee's health care provider. A health
care plan shall designate a clinical peer to review appeals, because
these appeals pertain to medical or clinical matters and such an
appeal must be reviewed by an appropriate health care professional.
No one reviewing an appeal may have had any involvement in the
initial determination that is the subject of the appeal. The written
notice of determination required under subsections (b) and (c) shall
include (i) clear and detailed reasons for the determination, (ii)
the medical or clinical criteria for the determination, which shall
be based upon sound clinical evidence and reviewed on a periodic
basis, and (iii) in the case of an adverse determination, the
6000 JOURNAL OF THE [May 26, 1999]
procedures for requesting an external independent review under
subsection (f).
(e) If an appeal filed under subsection (b) or (c) is denied for
a reason including, but not limited to, the service, procedure, or
treatment is not viewed as medically necessary, denial of specific
tests or procedures, denial of referral to specialist physicians or
denial of hospitalization requests or length of stay requests, any
involved party may request an external independent review under
subsection (f) of the adverse determination.
(f) External independent review.
(1) The party seeking an external independent review shall
so notify the health care plan. The health care plan shall seek
to resolve all external independent reviews in the most
expeditious manner and shall make a determination and provide
notice of the determination no more than 24 hours after the
receipt of all necessary information when a delay would
significantly increase the risk to an enrollee's health or when
extended health care services for an enrollee undergoing a course
of treatment prescribed by a health care provider are at issue.
(2) Within 30 days after the enrollee receives written
notice of an adverse determination, if the enrollee decides to
initiate an external independent review, the enrollee shall send
to the health care plan a written request for an external
independent review, including any information or documentation to
support the enrollee's request for the covered service or claim
for a covered service.
(3) Within 30 days after the health care plan receives a
request for an external independent review from an enrollee, the
health care plan shall:
(A) provide a mechanism for joint selection of an
external independent reviewer by the enrollee, the
enrollee's physician or other health care provider, and the
health care plan; and
(B) forward to the independent reviewer all medical
records and supporting documentation pertaining to the case,
a summary description of the applicable issues including a
statement of the health care plan's decision, the criteria
used, and the medical and clinical reasons for that
decision.
(4) Within 5 days after receipt of all necessary
information, the independent reviewer shall evaluate and analyze
the case and render a decision that is based on whether or not
the health care service or claim for the health care service is
medically appropriate. The decision by the independent reviewer
is final. If the external independent reviewer determines the
health care service to be medically appropriate, the health care
plan shall pay for the health care service.
(5) The health care plan shall be solely responsible for
paying the fees of the external independent reviewer who is
selected to perform the review.
(6) An external independent reviewer who acts in good faith
shall have immunity from any civil or criminal liability or
professional discipline as a result of acts or omissions with
respect to any external independent review, unless the acts or
omissions constitute wilful and wanton misconduct. For purposes
of any proceeding, the good faith of the person participating
shall be presumed.
(7) Future contractual or employment action by the health
care plan regarding the patient's physician or other health care
provider shall not be based solely on the physician's or other
health care provider's participation in this procedure.
HOUSE OF REPRESENTATIVES 6001
(8) For the purposes of this Section, an external
independent reviewer shall:
(A) be a clinical peer;
(B) have no direct financial interest in connection
with the case; and
(C) have not been informed of the specific identity of
the enrollee.
(g) Nothing in this Section shall be construed to require a
health care plan to pay for a health care service not covered under
the enrollee's certificate of coverage or policy.
Section 50. Administrative complaints and Departmental review.
(a) Administrative complaint process.
(1) A health care plan shall accept and review appeals of
its determinations and complaints related to administrative
issues initiated by enrollees or their health care providers
(complainant). All appeals of a health care plan's determinations
and complaints related to health care services shall be handled
as required under Section 45. Nothing in this Act shall be
construed to preclude an enrollee from filing a complaint with
the Department or as limiting the Department's ability to
investigate complaints. In addition, any enrollee not satisfied
with the plan's resolution of any complaint may appeal that final
plan decision to the Department.
(2) When a complaint against a health care plan
(respondent) is received by the Department, the respondent shall
be notified of the complaint. The Department shall, in its
notification, specify the date when a report is to be received
from the respondent, which shall be no later than 21 days after
notification is sent to the respondent. A failure to reply by the
date specified may be followed by a collect telephone call or
collect telegram. Repeated instances of failing to reply by the
date specified may result in further regulatory action.
(3) The respondent's report shall supply adequate
documentation that explains all actions taken or not taken and
that were the basis for the complaint. The report shall include
documents necessary to support the respondent's position and any
information requested by the Department. The respondent's reply
shall be in duplicate, but duplicate copies of supporting
documents shall not be required. The respondent's reply shall
include the name, telephone number, and address of the individual
assigned to investigate or process the complaint. The Department
shall respect the confidentiality of medical reports and other
documents that by law are confidential. Any other information
furnished by a respondent shall be marked "confidential" if the
respondent does not wish it to be released to the complainant.
(b) Departmental review. The Department shall review the plan
decision to determine whether it is consistent with the plan and
Illinois law and rules. Upon receipt of the respondent's report, the
Department shall evaluate the material submitted and:
(1) advise the complainant of the action taken and
disposition of the complaint;
(2) pursue further investigation with the respondent or
complainant; or
(3) refer the investigation report to the appropriate
branch within the Department for further regulatory action.
(c) The Department of Insurance and the Department of Public
Health shall coordinate the complaint review and investigation
process. The Department of Insurance and the Department of Public
Health shall jointly establish rules under the Illinois
Administrative Procedure Act implementing this complaint process.
Section 55. Record of complaints.
6002 JOURNAL OF THE [May 26, 1999]
(a) The Department shall maintain records concerning the
complaints filed against health care plans. To that end, the
Department shall require health care plans to annually report
complaints made to and resolutions by health care plans in a manner
determined by rule. The Department shall make a summary of all data
collected available upon request and publish the summary on the World
Wide Web.
(b) The Department shall maintain records on the number of
complaints filed against each health care plan.
(c) The Department shall maintain records classifying each
complaint by whether the complaint was filed by:
(1) a consumer or enrollee;
(2) a provider; or
(3) any other individual.
(d) The Department shall maintain records classifying each
complaint according to the nature of the complaint as it pertains to
a specific function of the health care plan. The complaints shall be
classified under the following categories:
(1) denial of care or treatment;
(2) denial of a diagnostic procedure;
(3) denial of a referral request;
(4) sufficient choice and accessibility of health care
providers;
(5) underwriting;
(6) marketing and sales;
(7) claims and utilization review;
(8) member services;
(9) provider relations; and
(10) miscellaneous.
(e) The Department shall maintain records classifying the
disposition of each complaint. The disposition of the complaint
shall be classified in one of the following categories:
(1) complaint referred to the health care plan and no
further action necessary by the Department;
(2) no corrective action deemed necessary by the
Department; or
(3) corrective action taken by the Department.
(f) No Department publication or release of information shall
identify any enrollee, health care provider, or individual
complainant.
Section 60. Choosing a physician.
(a) A health care plan may also offer other arrangements under
which enrollees may access health care services from contracted
providers without a referral or authorization from their primary care
physician.
(b) The enrollee may be required by the health care plan to
select a specialist physician or other health care provider who has a
referral arrangement with the enrollee's primary care physician or to
select a new primary care physician who has a referral arrangement
with the specialist physician or other health care provider chosen by
the enrollee. If a health care plan requires an enrollee to select a
new physician under this subsection, the health care plan must
provide the enrollee with both options provided in this subsection.
(c) The Director of Insurance and the Department of Public
Health each may promulgate rules to ensure appropriate access to and
quality of care for enrollees in any plan that allows enrollees to
access health care services from contractual providers without a
referral or authorization from the primary care physician. The rules
may include, but shall not be limited to, a system for the retrieval
and compilation of enrollees' medical records.
Section 65. Emergency services prior to stabilization.
HOUSE OF REPRESENTATIVES 6003
(a) A health care plan that provides or that is required by law
to provide coverage for emergency services shall provide coverage
such that payment under this coverage is not dependent upon whether
the services are performed by a plan or non-plan health care provider
and without regard to prior authorization. This coverage shall be at
the same benefit level as if the services or treatment had been
rendered by the health care plan physician licensed to practice
medicine in all its branches or health care provider.
(b) Prior authorization or approval by the plan shall not be
required for emergency services.
(c) Coverage and payment shall only be retrospectively denied
under the following circumstances:
(1) upon reasonable determination that the emergency
services claimed were never performed;
(2) upon timely determination that the emergency evaluation
and treatment were rendered to an enrollee who sought emergency
services and whose circumstance did not meet the definition of
emergency medical condition;
(3) upon determination that the patient receiving such
services was not an enrollee of the health care plan; or
(4) upon material misrepresentation by the enrollee or
health care provider; "material" means a fact or situation that
is not merely technical in nature and results or could result in
a substantial change in the situation.
(d) When an enrollee presents to a hospital seeking emergency
services, the determination as to whether the need for those services
exists shall be made for purposes of treatment by a physician
licensed to practice medicine in all its branches or, to the extent
permitted by applicable law, by other appropriately licensed
personnel under the supervision of or in collaboration with a
physician licensed to practice medicine in all its branches. The
physician or other appropriate personnel shall indicate in the
patient's chart the results of the emergency medical screening
examination.
(e) The appropriate use of the 911 emergency telephone system or
its local equivalent shall not be discouraged or penalized by the
health care plan when an emergency medical condition exists. This
provision shall not imply that the use of 911 or its local equivalent
is a factor in determining the existence of an emergency medical
condition.
(f) The medical director's or his or her designee's
determination of whether the enrollee meets the standard of an
emergency medical condition shall be based solely upon the presenting
symptoms documented in the medical record at the time care was
sought. Only a clinical peer may make an adverse determination.
(g) Nothing in this Section shall prohibit the imposition of
deductibles, copayments, and co-insurance. Nothing in this Section
alters the prohibition on billing enrollees contained in the Health
Maintenance Organization Act.
Section 70. Post-stabilization medical services.
(a) If prior authorization for covered post-stabilization
services is required by the health care plan, the plan shall provide
access 24 hours a day, 7 days a week to persons designated by the
plan to make such determinations, provided that any determination
made under this Section must be made by a health care professional.
The review shall be resolved in accordance with the provisions of
Section 85 and the time requirements of this Section.
(b) The treating physician licensed to practice medicine in all
its branches or health care provider shall contact the health care
plan or delegated health care provider as designated on the
enrollee's health insurance card to obtain authorization, denial, or
6004 JOURNAL OF THE [May 26, 1999]
arrangements for an alternate plan of treatment or transfer of the
enrollee.
(c) The treating physician licensed to practice medicine in all
its branches or health care provider shall document in the
enrollee's medical record the enrollee's presenting symptoms;
emergency medical condition; and time, phone number dialed, and
result of the communication for request for authorization of
post-stabilization medical services. The health care plan shall
provide reimbursement for covered post-stabilization medical services
if:
(1) authorization to render them is received from the
health care plan or its delegated health care provider, or
(2) after 2 documented good faith efforts, the treating
health care provider has attempted to contact the enrollee's
health care plan or its delegated health care provider, as
designated on the enrollee's health insurance card, for prior
authorization of post-stabilization medical services and neither
the plan nor designated persons were accessible or the
authorization was not denied within 60 minutes of the request.
"Two documented good faith efforts" means the health care
provider has called the telephone number on the enrollee's health
insurance card or other available number either 2 times or one
time and an additional call to any referral number provided.
"Good faith" means honesty of purpose, freedom from intention to
defraud, and being faithful to one's duty or obligation. For the
purpose of this Act, good faith shall be presumed.
(d) After rendering any post-stabilization medical services, the
treating physician licensed to practice medicine in all its branches
or health care provider shall continue to make every reasonable
effort to contact the health care plan or its delegated health care
provider regarding authorization, denial, or arrangements for an
alternate plan of treatment or transfer of the enrollee until the
treating health care provider receives instructions from the health
care plan or delegated health care provider for continued care or the
care is transferred to another health care provider or the patient is
discharged.
(e) Payment for covered post-stabilization services may be
denied:
(1) if the treating health care provider does not meet the
conditions outlined in subsection (c);
(2) upon determination that the post-stabilization services
claimed were not performed;
(3) upon timely determination that the post-stabilization
services rendered were contrary to the instructions of the health
care plan or its delegated health care provider if contact was
made between those parties prior to the service being rendered;
(4) upon determination that the patient receiving such
services was not an enrollee of the health care plan; or
(5) upon material misrepresentation by the enrollee or
health care provider; "material" means a fact or situation that
is not merely technical in nature and results or could result in
a substantial change in the situation.
(f) Nothing in this Section prohibits a health care plan from
delegating tasks associated with the responsibilities enumerated in
this Section to the health care plan's contracted health care
providers or another entity. Only a clinical peer may make an
adverse determination. However, the ultimate responsibility for
coverage and payment decisions may not be delegated.
(g) Coverage and payment for post-stabilization medical services
for which prior authorization or deemed approval is received shall
not be retrospectively denied.
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(h) Nothing in this Section shall prohibit the imposition of
deductibles, copayments, and co-insurance. Nothing in this Section
alters the prohibition on billing enrollees contained in the Health
Maintenance Organization Act.
Section 72. Pharmacy providers.
(a) Before entering into an agreement with pharmacy
providers, a health care plan must establish terms and conditions
that must be met by pharmacy providers desiring to contract with the
health care plan. The terms and conditions shall not discriminate
against a pharmacy provider. A health care plan may not refuse to
contract with a pharmacy provider that meets the terms and conditions
established by the health care plan. If a pharmacy provider rejects
the terms and conditions established, the health care plan may offer
other terms and conditions necessary to comply with network adequacy
requirements.
(b) A health care plan shall apply the same coinsurance,
copayment, and deductible factors to all drug prescriptions filled by
a pharmacy provider that participates in the health care plan's
network. Nothing in this subsection, however, prohibits a health care
plan from applying different coinsurance, copayment, and deductible
factors between brand name drugs and generic drugs when a generic
equivalent exists for the brand name drug.
(c) A health care plan may not set a limit on the quantity of
drugs that an enrollee may obtain at one time with a prescription
unless the limit is applied uniformly to all pharmacy providers in
the health care plan's network.
Section 75. Consumer advisory committee.
(a) A health care plan shall establish a consumer advisory
committee. The consumer advisory committee shall have the authority
to identify and review consumer concerns and make advisory
recommendations to the health care plan. The health care plan may
also make requests of the consumer advisory committee to provide
feedback to proposed changes in plan policies and procedures which
will affect enrollees. However, the consumer advisory committee
shall not have the authority to hear or resolve specific complaints
or grievances, but instead shall refer such complaints or grievances
to the health care plan's grievance committee.
(b) The health care plan shall randomly select 8 enrollees
meeting the requirements of this Section to serve on the consumer
advisory committee. The health care plan must continue to randomly
select enrollees until 8 enrollees have agreed to serve on the
consumer advisory committee. Upon initial formation of the consumer
advisory committee, the health care plan shall appoint 4 enrollees to
a 2 year term and 4 enrollees to a one year term. Thereafter, as an
enrollee's term expires, the health care plan shall re-appoint or
appoint an enrollee to serve on the consumer advisory committee for a
2 year term. Members of the consumer advisory committee shall by
majority vote elect a member of the committee to serve as chair of
the committee.
(c) An enrollee may not serve on the consumer advisory committee
if during the 2 years preceding service the enrollee:
(1) has been an employee, officer, or director of the plan,
an affiliate of the plan, or a provider or affiliate of a
provider that furnishes health care services to the plan or
affiliate of the plan; or
(2) is a relative of a person specified in item (1).
(d) A health care plan's consumer advisory committee shall meet
not less than quarterly.
(e) All meetings shall be held within the State of Illinois.
The costs of the meetings shall be borne by the health care plan.
Section 80. Quality assessment program.
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(a) A health care plan shall develop and implement a quality
assessment and improvement strategy designed to identify and evaluate
accessibility, continuity, and quality of care. The health care plan
shall have:
(1) an ongoing, written, internal quality assessment
program;
(2) specific written guidelines for monitoring and
evaluating the quality and appropriateness of care and services
provided to enrollees requiring the health care plan to assess:
(A) the accessibility to health care providers;
(B) appropriateness of utilization;
(C) concerns identified by the health care plan's
medical or administrative staff and enrollees; and
(D) other aspects of care and service directly related
to the improvement of quality of care;
(3) a procedure for remedial action to correct quality
problems that have been verified in accordance with the written
plan's methodology and criteria, including written procedures for
taking appropriate corrective action;
(4) follow-up measures implemented to evaluate the
effectiveness of the action plan.
(b) The health care plan shall establish a committee that
oversees the quality assessment and improvement strategy which
includes physician and enrollee participation.
(c) Reports on quality assessment and improvement activities
shall be made to the governing body of the health care plan not less
than quarterly.
(d) The health care plan shall make available its written
description of the quality assessment program to the Department of
Public Health.
(e) With the exception of subsection (d), the Department of
Public Health shall accept evidence of accreditation with regard to
the health care network quality management and performance
improvement standards of:
(1) the National Commission on Quality Assurance (NCQA);
(2) the American Accreditation Healthcare Commission
(URAC);
(3) the Joint Commission on Accreditation of Healthcare
Organizations (JCAHO); or
(4) any other entity that the Director of Public Health
deems has substantially similar or more stringent standards than
provided for in this Section.
(f) If the Department of Public Health determines that a health
care plan is not in compliance with the terms of this Section, it
shall certify the finding to the Department of Insurance. The
Department of Insurance shall subject a health care plan to
penalties, as provided in this Act, for such non-compliance.
Section 85. Utilization review program registration.
(a) No person may conduct a utilization review program in this
State unless once every 2 years the person registers the utilization
review program with the Department and certifies compliance with the
Health Utilization Management Standards of the American Accreditation
Healthcare Commission (URAC) sufficient to achieve American
Accreditation Healthcare Commission (URAC) accreditation or submits
evidence of accreditation by the American Accreditation Healthcare
Commission (URAC) for its Health Utilization Management Standards.
Nothing in this Act shall be construed to require a health care plan
or its subcontractors to become American Accreditation Healthcare
Commission (URAC) accredited.
(b) In addition, the Director of the Department, in consultation
with the Director of the Department of Public Health, may certify
HOUSE OF REPRESENTATIVES 6007
alternative utilization review standards of national accreditation
organizations or entities in order for plans to comply with this
Section. Any alternative utilization review standards shall meet or
exceed those standards required under subsection (a).
(c) The provisions of this Section do not apply to:
(1) persons providing utilization review program services
only to the federal government;
(2) self-insured health plans under the federal Employee
Retirement Income Security Act of 1974, however, this Section
does apply to persons conducting a utilization review program on
behalf of these health plans;
(3) hospitals and medical groups performing utilization
review activities for internal purposes unless the utilization
review program is conducted for another person.
Nothing in this Act prohibits a health care plan or other entity
from contractually requiring an entity designated in item (3) of this
subsection to adhere to the utilization review program requirements
of this Act.
(d) This registration shall include submission of all of the
following information regarding utilization review program
activities:
(1) The name, address, and telephone number of the
utilization review programs.
(2) The organization and governing structure of the
utilization review programs.
(3) The number of lives for which utilization review is
conducted by each utilization review program.
(4) Hours of operation of each utilization review program.
(5) Description of the grievance process for each
utilization review program.
(6) Number of covered lives for which utilization review
was conducted for the previous calendar year for each utilization
review program.
(7) Written policies and procedures for protecting
confidential information according to applicable State and
federal laws for each utilization review program.
(e) (1) A utilization review program shall have written
procedures for assuring that patient-specific information obtained
during the process of utilization review will be:
(A) kept confidential in accordance with applicable State
and federal laws; and
(B) shared only with the enrollee, the enrollee's designee,
the enrollee's health care provider, and those who are authorized
by law to receive the information.
Summary data shall not be considered confidential if it does not
provide information to allow identification of individual patients
or health care providers.
(2) Only a health care professional may make
determinations regarding the medical necessity of health care
services during the course of utilization review.
(3) When making retrospective reviews, utilization review
programs shall base reviews solely on the medical information
available to the attending physician or ordering provider at the
time the health care services were provided.
(4) When making prospective, concurrent, and retrospective
determinations, utilization review programs shall collect only
information that is necessary to make the determination and shall
not routinely require health care providers to numerically code
diagnoses or procedures to be considered for certification,
unless required under State or federal Medicare or Medicaid rules
or regulations, but may request such code if available, or
6008 JOURNAL OF THE [May 26, 1999]
routinely request copies of medical records of all enrollees
reviewed. During prospective or concurrent review, copies of
medical records shall only be required when necessary to verify
that the health care services subject to review are medically
necessary. In these cases, only the necessary or relevant
sections of the medical record shall be required.
(f) If the Department finds that a utilization review program is
not in compliance with this Section, the Department shall issue a
corrective action plan and allow a reasonable amount of time for
compliance with the plan. If the utilization review program does not
come into compliance, the Department may issue a cease and desist
order. Before issuing a cease and desist order under this Section,
the Department shall provide the utilization review program with a
written notice of the reasons for the order and allow a reasonable
amount of time to supply additional information demonstrating
compliance with requirements of this Section and to request a
hearing. The hearing notice shall be sent by certified mail, return
receipt requested, and the hearing shall be conducted in accordance
with the Illinois Administrative Procedure Act.
(g) A utilization review program subject to a corrective action
may continue to conduct business until a final decision has been
issued by the Department.
(h) Any adverse determination made by a health care plan or its
subcontractors may be appealed in accordance with subsection (f) of
Section 45.
(i) The Director may by rule establish a registration fee for
each person conducting a utilization review program. All fees paid
to and collected by the Director under this Section shall be
deposited into the Insurance Producer Administration Fund.
Section 90. Office of Consumer Health Insurance.
(a) The Director of Insurance shall establish the Office of
Consumer Health Insurance within the Department of Insurance to
provide assistance and information to all health care consumers
within the State. Within the appropriation allocated, the Office
shall provide information and assistance to all health care consumers
by:
(1) assisting consumers in understanding health insurance
marketing materials and the coverage provisions of individual
plans;
(2) educating enrollees about their rights within
individual plans;
(3) assisting enrollees with the process of filing formal
grievances and appeals;
(4) establishing and operating a toll-free "800" telephone
number line to handle consumer inquiries;
(5) making related information available in languages other
than English that are spoken as a primary language by a
significant portion of the State's population, as determined by
the Department;
(6) analyzing, commenting on, monitoring, and making
publicly available reports on the development and implementation
of federal, State, and local laws, regulations, and other
governmental policies and actions that pertain to the adequacy of
health care plans, facilities, and services in the State;
(7) filing an annual report with the Governor, the
Director, and the General Assembly, which shall contain
recommendations for improvement of the regulation of health
insurance plans, including recommendations on improving health
care consumer assistance and patterns, abuses, and progress that
it has identified from its interaction with health care
consumers; and
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(8) performing all duties assigned to the Office by the
Director.
(b) The report required under subsection (a)(7) shall be filed
by January 31, 2001 and each January 31 thereafter.
(c) Nothing in this Section shall be interpreted to authorize
access to or disclosure of individual patient or health care
professional or provider records.
Section 95. Prohibited activity. No health care plan or its
subcontractors by contract, written policy, or procedure shall
contain any clause attempting to transfer or transferring to a health
care provider by indemnification, hold harmless, or contribution
requirements concerning any liability relating to activities,
actions, or omissions of the health care plan or its officers,
employees, or agents. Nothing in this Section shall relieve any
person or health care provider from liability for his, her, or its
own negligence in the performance of his, her, or its duties arising
from treatment of a patient. The Illinois General Assembly finds it
to be against public policy for a person to transfer liability in
such a manner.
Section 100. Prohibition of waiver of rights. No health care
plan or contract shall contain any provision, policy, or procedure
that limits, restricts, or waives any of the rights set forth in this
Act. Any such policy or procedure shall be void and unenforceable.
Section 105. Administration and enforcement. The Director of
Insurance may adopt rules necessary to implement the Department's
responsibilities under this Act.
To enforce the provisions of this Act, the Director may issue a
cease and desist order or require a health care plan to submit a plan
of correction for violations of this Act, or both. Subject to the
provisions of the Illinois Administrative Procedure Act, the Director
may, pursuant to Section 403A of the Illinois Insurance Code, impose
upon a health care plan an administrative fine not to exceed $250,000
for failure to submit a requested plan of correction, failure to
comply with its plan of correction, or repeated violations of the
Act.
Any person who believes that his or her health care plan is in
violation of the provisions of this Act may file a complaint with the
Department. The Department shall review all complaints received and
investigate all of those complaints that it deems to state a
potential violation. The Department shall establish rules to fairly,
efficiently, and timely review and investigate complaints. Health
care plans found to be in violation of this Act shall be penalized in
accordance with this Section.
Section 110. Applicability and scope. This Act applies to
policies and contracts amended, delivered, issued, or renewed on or
after the effective date of this Act. This Act does not diminish a
health care plan's duties and responsibilities under other federal or
State law or rules promulgated thereunder.
Section 115. Effect on benefits under Workers' Compensation Act
and Workers' Occupational Diseases Act. Nothing in this Act shall be
construed to expand, modify, or restrict the health care benefits
provided to employees under the Workers' Compensation Act and
Workers' Occupational Diseases Act.
Section 120. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 200. The State Employees Group Insurance Act of 1971 is
amended by changing Sections 3 and 10 and adding Section 6.12 as
follows:
(5 ILCS 375/3) (from Ch. 127, par. 523)
Sec. 3. Definitions. Unless the context otherwise requires, the
following words and phrases as used in this Act shall have the
6010 JOURNAL OF THE [May 26, 1999]
following meanings. The Department may define these and other words
and phrases separately for the purpose of implementing specific
programs providing benefits under this Act.
(a) "Administrative service organization" means any person, firm
or corporation experienced in the handling of claims which is fully
qualified, financially sound and capable of meeting the service
requirements of a contract of administration executed with the
Department.
(b) "Annuitant" means (1) an employee who retires, or has
retired, on or after January 1, 1966 on an immediate annuity under
the provisions of Articles 2, 14, 15 (including an employee who has
retired under the optional retirement program established under
Section 15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
Article 18 of the Illinois Pension Code; (2) any person who was
receiving group insurance coverage under this Act as of March 31,
1978 by reason of his status as an annuitant, even though the annuity
in relation to which such coverage was provided is a proportional
annuity based on less than the minimum period of service required for
a retirement annuity in the system involved; (3) any person not
otherwise covered by this Act who has retired as a participating
member under Article 2 of the Illinois Pension Code but is ineligible
for the retirement annuity under Section 2-119 of the Illinois
Pension Code; (4) the spouse of any person who is receiving a
retirement annuity under Article 18 of the Illinois Pension Code and
who is covered under a group health insurance program sponsored by a
governmental employer other than the State of Illinois and who has
irrevocably elected to waive his or her coverage under this Act and
to have his or her spouse considered as the "annuitant" under this
Act and not as a "dependent"; or (5) an employee who retires, or has
retired, from a qualified position, as determined according to rules
promulgated by the Director, under a qualified local government or a
qualified rehabilitation facility or a qualified domestic violence
shelter or service. (For definition of "retired employee", see (p)
post).
(b-5) "New SERS annuitant" means a person who, on or after
January 1, 1998, becomes an annuitant, as defined in subsection (b),
by virtue of beginning to receive a retirement annuity under Article
14 of the Illinois Pension Code, and is eligible to participate in
the basic program of group health benefits provided for annuitants
under this Act.
(b-6) "New SURS annuitant" means a person who, on or after
January 1, 1998, becomes an annuitant, as defined in subsection (b),
by virtue of beginning to receive a retirement annuity under Article
15 of the Illinois Pension Code, and is eligible to participate in
the basic program of group health benefits provided for annuitants
under this Act.
(b-7) "New TRS State annuitant" means a person who, on or after
July 1, 1998, becomes an annuitant, as defined in subsection (b), by
virtue of beginning to receive a retirement annuity under Article 16
of the Illinois Pension Code based on service as a teacher as defined
in paragraph (2), (3), or (5) of Section 16-106 of that Code, and is
eligible to participate in the basic program of group health benefits
provided for annuitants under this Act.
(c) "Carrier" means (1) an insurance company, a corporation
organized under the Limited Health Service Organization Act or the
Voluntary Health Services Plan Act, a partnership, or other
nongovernmental organization, which is authorized to do group life or
group health insurance business in Illinois, or (2) the State of
Illinois as a self-insurer.
(d) "Compensation" means salary or wages payable on a regular
payroll by the State Treasurer on a warrant of the State Comptroller
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out of any State, trust or federal fund, or by the Governor of the
State through a disbursing officer of the State out of a trust or out
of federal funds, or by any Department out of State, trust, federal
or other funds held by the State Treasurer or the Department, to any
person for personal services currently performed, and ordinary or
accidental disability benefits under Articles 2, 14, 15 (including
ordinary or accidental disability benefits under the optional
retirement program established under Section 15-158.2), paragraphs
(2), (3), or (5) of Section 16-106, or Article 18 of the Illinois
Pension Code, for disability incurred after January 1, 1966, or
benefits payable under the Workers' Compensation or Occupational
Diseases Act or benefits payable under a sick pay plan established in
accordance with Section 36 of the State Finance Act. "Compensation"
also means salary or wages paid to an employee of any qualified local
government or qualified rehabilitation facility or a qualified
domestic violence shelter or service.
(e) "Commission" means the State Employees Group Insurance
Advisory Commission authorized by this Act. Commencing July 1, 1984,
"Commission" as used in this Act means the Illinois Economic and
Fiscal Commission as established by the Legislative Commission
Reorganization Act of 1984.
(f) "Contributory", when referred to as contributory coverage,
shall mean optional coverages or benefits elected by the member
toward the cost of which such member makes contribution, or which are
funded in whole or in part through the acceptance of a reduction in
earnings or the foregoing of an increase in earnings by an employee,
as distinguished from noncontributory coverage or benefits which are
paid entirely by the State of Illinois without reduction of the
member's salary.
(g) "Department" means any department, institution, board,
commission, officer, court or any agency of the State government
receiving appropriations and having power to certify payrolls to the
Comptroller authorizing payments of salary and wages against such
appropriations as are made by the General Assembly from any State
fund, or against trust funds held by the State Treasurer and includes
boards of trustees of the retirement systems created by Articles 2,
14, 15, 16 and 18 of the Illinois Pension Code. "Department" also
includes the Illinois Comprehensive Health Insurance Board, the Board
of Examiners established under the Illinois Public Accounting Act,
and the Illinois Rural Bond Bank.
(h) "Dependent", when the term is used in the context of the
health and life plan, means a member's spouse and any unmarried child
(1) from birth to age 19 including an adopted child, a child who
lives with the member from the time of the filing of a petition for
adoption until entry of an order of adoption, a stepchild or
recognized child who lives with the member in a parent-child
relationship, or a child who lives with the member if such member is
a court appointed guardian of the child, or (2) age 19 to 23 enrolled
as a full-time student in any accredited school, financially
dependent upon the member, and eligible as a dependent for Illinois
State income tax purposes, or (3) age 19 or over who is mentally or
physically handicapped as defined in the Illinois Insurance Code. For
the health plan only, the term "dependent" also includes any person
enrolled prior to the effective date of this Section who is dependent
upon the member to the extent that the member may claim such person
as a dependent for Illinois State income tax deduction purposes; no
other such person may be enrolled.
(i) "Director" means the Director of the Illinois Department of
Central Management Services.
(j) "Eligibility period" means the period of time a member has
to elect enrollment in programs or to select benefits without regard
6012 JOURNAL OF THE [May 26, 1999]
to age, sex or health.
(k) "Employee" means and includes each officer or employee in
the service of a department who (1) receives his compensation for
service rendered to the department on a warrant issued pursuant to a
payroll certified by a department or on a warrant or check issued and
drawn by a department upon a trust, federal or other fund or on a
warrant issued pursuant to a payroll certified by an elected or duly
appointed officer of the State or who receives payment of the
performance of personal services on a warrant issued pursuant to a
payroll certified by a Department and drawn by the Comptroller upon
the State Treasurer against appropriations made by the General
Assembly from any fund or against trust funds held by the State
Treasurer, and (2) is employed full-time or part-time in a position
normally requiring actual performance of duty during not less than
1/2 of a normal work period, as established by the Director in
cooperation with each department, except that persons elected by
popular vote will be considered employees during the entire term for
which they are elected regardless of hours devoted to the service of
the State, and (3) except that "employee" does not include any person
who is not eligible by reason of such person's employment to
participate in one of the State retirement systems under Articles 2,
14, 15 (either the regular Article 15 system or the optional
retirement program established under Section 15-158.2) or 18, or
under paragraph (2), (3), or (5) of Section 16-106, of the Illinois
Pension Code, but such term does include persons who are employed
during the 6 month qualifying period under Article 14 of the Illinois
Pension Code. Such term also includes any person who (1) after
January 1, 1966, is receiving ordinary or accidental disability
benefits under Articles 2, 14, 15 (including ordinary or accidental
disability benefits under the optional retirement program established
under Section 15-158.2), paragraphs (2), (3), or (5) of Section
16-106, or Article 18 of the Illinois Pension Code, for disability
incurred after January 1, 1966, (2) receives total permanent or total
temporary disability under the Workers' Compensation Act or
Occupational Disease Act as a result of injuries sustained or illness
contracted in the course of employment with the State of Illinois, or
(3) is not otherwise covered under this Act and has retired as a
participating member under Article 2 of the Illinois Pension Code but
is ineligible for the retirement annuity under Section 2-119 of the
Illinois Pension Code. However, a person who satisfies the criteria
of the foregoing definition of "employee" except that such person is
made ineligible to participate in the State Universities Retirement
System by clause (4) of subsection (a) of Section 15-107 of the
Illinois Pension Code is also an "employee" for the purposes of this
Act. "Employee" also includes any person receiving or eligible for
benefits under a sick pay plan established in accordance with Section
36 of the State Finance Act. "Employee" also includes each officer or
employee in the service of a qualified local government, including
persons appointed as trustees of sanitary districts regardless of
hours devoted to the service of the sanitary district, and each
employee in the service of a qualified rehabilitation facility and
each full-time employee in the service of a qualified domestic
violence shelter or service, as determined according to rules
promulgated by the Director.
(l) "Member" means an employee, annuitant, retired employee or
survivor.
(m) "Optional coverages or benefits" means those coverages or
benefits available to the member on his or her voluntary election,
and at his or her own expense.
(n) "Program" means the group life insurance, health benefits
and other employee benefits designed and contracted for by the
HOUSE OF REPRESENTATIVES 6013
Director under this Act.
(o) "Health plan" means a self-insured health insurance program
offered by the State of Illinois for the purposes of benefiting
employees by means of providing, among others, wellness programs,
utilization reviews, second opinions and medical fee reviews, as well
as for paying for hospital and medical care up to the maximum
coverage provided by the plan, to its members and their dependents.
(p) "Retired employee" means any person who would be an
annuitant as that term is defined herein but for the fact that such
person retired prior to January 1, 1966. Such term also includes any
person formerly employed by the University of Illinois in the
Cooperative Extension Service who would be an annuitant but for the
fact that such person was made ineligible to participate in the State
Universities Retirement System by clause (4) of subsection (a) of
Section 15-107 of the Illinois Pension Code.
(p-6) "New SURS retired employee" means a person who, on or
after January 1, 1998, becomes a retired employee, as defined in
subsection (p), by virtue of being a person formerly employed by the
University of Illinois in the Cooperative Extension Service who would
be an annuitant but for the fact that he or she was made ineligible
to participate in the State Universities Retirement System by clause
(4) of subsection (a) of Section 15-107 of the Illinois Pension Code,
and who is eligible to participate in the basic program of group
health benefits provided for retired employees under this Act.
(q) "Survivor" means a person receiving an annuity as a survivor
of an employee or of an annuitant. "Survivor" also includes: (1) the
surviving dependent of a person who satisfies the definition of
"employee" except that such person is made ineligible to participate
in the State Universities Retirement System by clause (4) of
subsection (a) of Section 15-107 of the Illinois Pension Code; and
(2) the surviving dependent of any person formerly employed by the
University of Illinois in the Cooperative Extension Service who would
be an annuitant except for the fact that such person was made
ineligible to participate in the State Universities Retirement System
by clause (4) of subsection (a) of Section 15-107 of the Illinois
Pension Code.
(q-5) "New SERS survivor" means a survivor, as defined in
subsection (q), whose annuity is paid under Article 14 of the
Illinois Pension Code and is based on the death of (i) an employee
whose death occurs on or after January 1, 1998, or (ii) a new SERS
annuitant as defined in subsection (b-5).
(q-6) "New SURS survivor" means a survivor, as defined in
subsection (q), whose annuity is paid under Article 15 of the
Illinois Pension Code and is based on the death of (i) an employee
whose death occurs on or after January 1, 1998, (ii) a new SURS
annuitant as defined in subsection (b-6), or (iii) a new SURS retired
employee as defined in subsection (p-6).
(q-7) "New TRS State survivor" means a survivor, as defined in
subsection (q), whose annuity is paid under Article 16 of the
Illinois Pension Code and is based on the death of (i) an employee
who is a teacher as defined in paragraph (2), (3), or (5) of Section
16-106 of that Code and whose death occurs on or after July 1, 1998,
or (ii) a new TRS State annuitant as defined in subsection (b-7).
(r) "Medical services" means the services provided within the
scope of their licenses by practitioners in all categories licensed
under the Medical Practice Act of 1987.
(s) "Unit of local government" means any county, municipality,
township, school district, special district or other unit, designated
as a unit of local government by law, which exercises limited
governmental powers or powers in respect to limited governmental
subjects, any not-for-profit association with a membership that
6014 JOURNAL OF THE [May 26, 1999]
primarily includes townships and township officials, that has duties
that include provision of research service, dissemination of
information, and other acts for the purpose of improving township
government, and that is funded wholly or partly in accordance with
Section 85-15 of the Township Code; any not-for-profit corporation or
association, with a membership consisting primarily of
municipalities, that operates its own utility system, and provides
research, training, dissemination of information, or other acts to
promote cooperation between and among municipalities that provide
utility services and for the advancement of the goals and purposes of
its membership; the Southern Illinois Collegiate Common Market, which
is a consortium of higher education institutions in Southern
Illinois; and the Illinois Association of Park Districts. "Qualified
local government" means a unit of local government approved by the
Director and participating in a program created under subsection (i)
of Section 10 of this Act.
(t) "Qualified rehabilitation facility" means any not-for-profit
organization that is accredited by the Commission on Accreditation of
Rehabilitation Facilities or certified by the Department of Human
Services (as successor to the Department of Mental Health and
Developmental Disabilities) to provide services to persons with
disabilities and which receives funds from the State of Illinois for
providing those services, approved by the Director and participating
in a program created under subsection (j) of Section 10 of this Act.
(u) "Qualified domestic violence shelter or service" means any
Illinois domestic violence shelter or service and its administrative
offices funded by the Department of Human Services (as successor to
the Illinois Department of Public Aid), approved by the Director and
participating in a program created under subsection (k) of Section
10.
(v) "TRS benefit recipient" means a person who:
(1) is not a "member" as defined in this Section; and
(2) is receiving a monthly benefit or retirement annuity
under Article 16 of the Illinois Pension Code; and
(3) either (i) has at least 8 years of creditable service
under Article 16 of the Illinois Pension Code, or (ii) was
enrolled in the health insurance program offered under that
Article on January 1, 1996, or (iii) is the survivor of a benefit
recipient who had at least 8 years of creditable service under
Article 16 of the Illinois Pension Code or was enrolled in the
health insurance program offered under that Article on the
effective date of this amendatory Act of 1995, or (iv) is a
recipient or survivor of a recipient of a disability benefit
under Article 16 of the Illinois Pension Code.
(w) "TRS dependent beneficiary" means a person who:
(1) is not a "member" or "dependent" as defined in this
Section; and
(2) is a TRS benefit recipient's: (A) spouse, (B) dependent
parent who is receiving at least half of his or her support from
the TRS benefit recipient, or (C) unmarried natural or adopted
child who is (i) under age 19, or (ii) enrolled as a full-time
student in an accredited school, financially dependent upon the
TRS benefit recipient, eligible as a dependent for Illinois State
income tax purposes, and either is under age 24 or was, on
January 1, 1996, participating as a dependent beneficiary in the
health insurance program offered under Article 16 of the Illinois
Pension Code, or (iii) age 19 or over who is mentally or
physically handicapped as defined in the Illinois Insurance Code.
(x) "Military leave with pay and benefits" refers to individuals
in basic training for reserves, special/advanced training, annual
training, emergency call up, or activation by the President of the
HOUSE OF REPRESENTATIVES 6015
United States with approved pay and benefits.
(y) "Military leave without pay and benefits" refers to
individuals who enlist for active duty in a regular component of the
U.S. Armed Forces or other duty not specified or authorized under
military leave with pay and benefits.
(z) "Community college benefit recipient" means a person who:
(1) is not a "member" as defined in this Section; and
(2) is receiving a monthly survivor's annuity or retirement
annuity under Article 15 of the Illinois Pension Code; and
(3) either (i) was a full-time employee of a community
college district or an association of community college boards
created under the Public Community College Act (other than an
employee whose last employer under Article 15 of the Illinois
Pension Code was a community college district subject to Article
VII of the Public Community College Act) and was eligible to
participate in a group health benefit plan as an employee during
the time of employment with a community college district (other
than a community college district subject to Article VII of the
Public Community College Act) or an association of community
college boards, or (ii) is the survivor of a person described in
item (i).
(aa) "Community college dependent beneficiary" means a person
who:
(1) is not a "member" or "dependent" as defined in this
Section; and
(2) is a community college benefit recipient's: (A) spouse,
(B) dependent parent who is receiving at least half of his or her
support from the community college benefit recipient, or (C)
unmarried natural or adopted child who is (i) under age 19, or
(ii) enrolled as a full-time student in an accredited school,
financially dependent upon the community college benefit
recipient, eligible as a dependent for Illinois State income tax
purposes and under age 23, or (iii) age 19 or over and mentally
or physically handicapped as defined in the Illinois Insurance
Code.
(Source: P.A. 89-21, eff. 6-21-95; 89-25, eff. 6-21-95; 89-76, eff.
7-1-95; 89-324, eff. 8-13-95; 89-430, eff. 12-15-95; 89-502, eff.
7-1-96; 89-507, eff. 7-1-97; 89-628, eff. 8-9-96; 90-14, eff. 7-1-97;
90-65, eff. 7-7-97; 90-448, eff. 8-16-97; 90-497, eff. 8-18-97;
90-511, eff. 8-22-97; 90-582, eff. 5-27-98; 90-655, eff. 7-30-98.)
(5 ILCS 375/6.12 new)
Sec. 6.12. Managed Care Reform and Patient Rights Act. The
program of health benefits is subject to the provisions of the
Managed Care Reform and Patient Rights Act, except the fee for
service program shall only be required to comply with Section 85 and
the definition of "emergency medical condition" in Section 10 of the
Managed Care Reform and Patient Rights Act.
(5 ILCS 375/10) (from Ch. 127, par. 530)
Sec. 10. Payments by State; premiums.
(a) The State shall pay the cost of basic non-contributory group
life insurance and, subject to member paid contributions set by the
Department or required by this Section, the basic program of group
health benefits on each eligible member, except a member, not
otherwise covered by this Act, who has retired as a participating
member under Article 2 of the Illinois Pension Code but is ineligible
for the retirement annuity under Section 2-119 of the Illinois
Pension Code, and part of each eligible member's and retired member's
premiums for health insurance coverage for enrolled dependents as
provided by Section 9. The State shall pay the cost of the basic
program of group health benefits only after benefits are reduced by
the amount of benefits covered by Medicare for all retired members
6016 JOURNAL OF THE [May 26, 1999]
and retired dependents aged 65 years or older who are entitled to
benefits under Social Security or the Railroad Retirement system or
who had sufficient Medicare-covered government employment except that
such reduction in benefits shall apply only to those retired members
or retired dependents who (1) first become eligible for such Medicare
coverage on or after July 1, 1992; or (2) remain eligible for, but no
longer receive Medicare coverage which they had been receiving on or
after July 1, 1992. The Department may determine the aggregate level
of the State's contribution on the basis of actual cost of medical
services adjusted for age, sex or geographic or other demographic
characteristics which affect the costs of such programs.
The cost of participation in the basic program of group health
benefits for the dependent or survivor of a living or deceased
retired employee who was formerly employed by the University of
Illinois in the Cooperative Extension Service and would be an
annuitant but for the fact that he or she was made ineligible to
participate in the State Universities Retirement System by clause (4)
of subsection (a) of Section 15-107 of the Illinois Pension Code
shall not be greater than the cost of participation that would
otherwise apply to that dependent or survivor if he or she were the
dependent or survivor of an annuitant under the State Universities
Retirement System.
(a-1) Beginning January 1, 1998, for each person who becomes a
new SERS annuitant and participates in the basic program of group
health benefits, the State shall contribute toward the cost of the
annuitant's coverage under the basic program of group health benefits
an amount equal to 5% of that cost for each full year of creditable
service upon which the annuitant's retirement annuity is based, up to
a maximum of 100% for an annuitant with 20 or more years of
creditable service. The remainder of the cost of a new SERS
annuitant's coverage under the basic program of group health benefits
shall be the responsibility of the annuitant.
(a-2) Beginning January 1, 1998, for each person who becomes a
new SERS survivor and participates in the basic program of group
health benefits, the State shall contribute toward the cost of the
survivor's coverage under the basic program of group health benefits
an amount equal to 5% of that cost for each full year of the deceased
employee's or deceased annuitant's creditable service in the State
Employees' Retirement System of Illinois on the date of death, up to
a maximum of 100% for a survivor of an employee or annuitant with 20
or more years of creditable service. The remainder of the cost of
the new SERS survivor's coverage under the basic program of group
health benefits shall be the responsibility of the survivor.
(a-3) Beginning January 1, 1998, for each person who becomes a
new SURS annuitant and participates in the basic program of group
health benefits, the State shall contribute toward the cost of the
annuitant's coverage under the basic program of group health benefits
an amount equal to 5% of that cost for each full year of creditable
service upon which the annuitant's retirement annuity is based, up to
a maximum of 100% for an annuitant with 20 or more years of
creditable service. The remainder of the cost of a new SURS
annuitant's coverage under the basic program of group health benefits
shall be the responsibility of the annuitant.
(a-4) Beginning January 1, 1998, for each person who becomes a
new SURS retired employee and participates in the basic program of
group health benefits, the State shall contribute toward the cost of
the retired employee's coverage under the basic program of group
health benefits an amount equal to 5% of that cost for each full year
that the retired employee was an employee as defined in Section 3, up
to a maximum of 100% for a retired employee who was an employee for
20 or more years. The remainder of the cost of a new SURS retired
HOUSE OF REPRESENTATIVES 6017
employee's coverage under the basic program of group health benefits
shall be the responsibility of the retired employee.
(a-5) Beginning January 1, 1998, for each person who becomes a
new SURS survivor and participates in the basic program of group
health benefits, the State shall contribute toward the cost of the
survivor's coverage under the basic program of group health benefits
an amount equal to 5% of that cost for each full year of the deceased
employee's or deceased annuitant's creditable service in the State
Universities Retirement System on the date of death, up to a maximum
of 100% for a survivor of an employee or annuitant with 20 or more
years of creditable service. The remainder of the cost of the new
SURS survivor's coverage under the basic program of group health
benefits shall be the responsibility of the survivor.
(a-6) Beginning July 1, 1998, for each person who becomes a new
TRS State annuitant and participates in the basic program of group
health benefits, the State shall contribute toward the cost of the
annuitant's coverage under the basic program of group health benefits
an amount equal to 5% of that cost for each full year of creditable
service as a teacher as defined in paragraph (2), (3), or (5) of
Section 16-106 of the Illinois Pension Code upon which the
annuitant's retirement annuity is based, up to a maximum of 100% for
an annuitant with 20 or more years of such creditable service. The
remainder of the cost of a new TRS State annuitant's coverage under
the basic program of group health benefits shall be the
responsibility of the annuitant.
(a-7) Beginning July 1, 1998, for each person who becomes a new
TRS State survivor and participates in the basic program of group
health benefits, the State shall contribute toward the cost of the
survivor's coverage under the basic program of group health benefits
an amount equal to 5% of that cost for each full year of the deceased
employee's or deceased annuitant's creditable service as a teacher as
defined in paragraph (2), (3), or (5) of Section 16-106 of the
Illinois Pension Code on the date of death, up to a maximum of 100%
for a survivor of an employee or annuitant with 20 or more years of
such creditable service. The remainder of the cost of the new TRS
State survivor's coverage under the basic program of group health
benefits shall be the responsibility of the survivor.
(a-8) A new SERS annuitant, new SERS survivor, new SURS
annuitant, new SURS retired employee, new SURS survivor, new TRS
State annuitant, or new TRS State survivor may waive or terminate
coverage in the program of group health benefits. Any such
annuitant, survivor, or retired employee who has waived or terminated
coverage may enroll or re-enroll in the program of group health
benefits only during the annual benefit choice period, as determined
by the Director; except that in the event of termination of coverage
due to nonpayment of premiums, the annuitant, survivor, or retired
employee may not re-enroll in the program.
(a-9) No later than May 1 of each calendar year, the Director of
Central Management Services shall certify in writing to the Executive
Secretary of the State Employees' Retirement System of Illinois the
amounts of the Medicare supplement health care premiums and the
amounts of the health care premiums for all other retirees who are
not Medicare eligible.
A separate calculation of the premiums based upon the actual cost
of each health care plan shall be so certified.
The Director of Central Management Services shall provide to the
Executive Secretary of the State Employees' Retirement System of
Illinois such information, statistics, and other data as he or she
may require to review the premium amounts certified by the Director
of Central Management Services.
(b) State employees who become eligible for this program on or
6018 JOURNAL OF THE [May 26, 1999]
after January 1, 1980 in positions normally requiring actual
performance of duty not less than 1/2 of a normal work period but not
equal to that of a normal work period, shall be given the option of
participating in the available program. If the employee elects
coverage, the State shall contribute on behalf of such employee to
the cost of the employee's benefit and any applicable dependent
supplement, that sum which bears the same percentage as that
percentage of time the employee regularly works when compared to
normal work period.
(c) The basic non-contributory coverage from the basic program
of group health benefits shall be continued for each employee not in
pay status or on active service by reason of (1) leave of absence due
to illness or injury, (2) authorized educational leave of absence or
sabbatical leave, or (3) military leave with pay and benefits. This
coverage shall continue until expiration of authorized leave and
return to active service, but not to exceed 24 months for leaves
under item (1) or (2). This 24-month limitation and the requirement
of returning to active service shall not apply to persons receiving
ordinary or accidental disability benefits or retirement benefits
through the appropriate State retirement system or benefits under the
Workers' Compensation or Occupational Disease Act.
(d) The basic group life insurance coverage shall continue, with
full State contribution, where such person is (1) absent from active
service by reason of disability arising from any cause other than
self-inflicted, (2) on authorized educational leave of absence or
sabbatical leave, or (3) on military leave with pay and benefits.
(e) Where the person is in non-pay status for a period in excess
of 30 days or on leave of absence, other than by reason of
disability, educational or sabbatical leave, or military leave with
pay and benefits, such person may continue coverage only by making
personal payment equal to the amount normally contributed by the
State on such person's behalf. Such payments and coverage may be
continued: (1) until such time as the person returns to a status
eligible for coverage at State expense, but not to exceed 24 months,
(2) until such person's employment or annuitant status with the State
is terminated, or (3) for a maximum period of 4 years for members on
military leave with pay and benefits and military leave without pay
and benefits (exclusive of any additional service imposed pursuant to
law).
(f) The Department shall establish by rule the extent to which
other employee benefits will continue for persons in non-pay status
or who are not in active service.
(g) The State shall not pay the cost of the basic
non-contributory group life insurance, program of health benefits and
other employee benefits for members who are survivors as defined by
paragraphs (1) and (2) of subsection (q) of Section 3 of this Act.
The costs of benefits for these survivors shall be paid by the
survivors or by the University of Illinois Cooperative Extension
Service, or any combination thereof. However, the State shall pay
the amount of the reduction in the cost of participation, if any,
resulting from the amendment to subsection (a) made by this
amendatory Act of the 91st General Assembly.
(h) Those persons occupying positions with any department as a
result of emergency appointments pursuant to Section 8b.8 of the
Personnel Code who are not considered employees under this Act shall
be given the option of participating in the programs of group life
insurance, health benefits and other employee benefits. Such persons
electing coverage may participate only by making payment equal to the
amount normally contributed by the State for similarly situated
employees. Such amounts shall be determined by the Director. Such
payments and coverage may be continued until such time as the person
HOUSE OF REPRESENTATIVES 6019
becomes an employee pursuant to this Act or such person's appointment
is terminated.
(i) Any unit of local government within the State of Illinois
may apply to the Director to have its employees, annuitants, and
their dependents provided group health coverage under this Act on a
non-insured basis. To participate, a unit of local government must
agree to enroll all of its employees, who may select coverage under
either the State group health insurance plan or a health maintenance
organization that has contracted with the State to be available as a
health care provider for employees as defined in this Act. A unit of
local government must remit the entire cost of providing coverage
under the State group health insurance plan or, for coverage under a
health maintenance organization, an amount determined by the Director
based on an analysis of the sex, age, geographic location, or other
relevant demographic variables for its employees, except that the
unit of local government shall not be required to enroll those of its
employees who are covered spouses or dependents under this plan or
another group policy or plan providing health benefits as long as (1)
an appropriate official from the unit of local government attests
that each employee not enrolled is a covered spouse or dependent
under this plan or another group policy or plan, and (2) at least 85%
of the employees are enrolled and the unit of local government remits
the entire cost of providing coverage to those employees. Employees
of a participating unit of local government who are not enrolled due
to coverage under another group health policy or plan may enroll at a
later date subject to submission of satisfactory evidence of
insurability and provided that no benefits shall be payable for
services incurred during the first 6 months of coverage to the extent
the services are in connection with any pre-existing condition. A
participating unit of local government may also elect to cover its
annuitants. Dependent coverage shall be offered on an optional
basis, with the costs paid by the unit of local government, its
employees, or some combination of the two as determined by the unit
of local government. The unit of local government shall be
responsible for timely collection and transmission of dependent
premiums.
The Director shall annually determine monthly rates of payment,
subject to the following constraints:
(1) In the first year of coverage, the rates shall be equal
to the amount normally charged to State employees for elected
optional coverages or for enrolled dependents coverages or other
contributory coverages, or contributed by the State for basic
insurance coverages on behalf of its employees, adjusted for
differences between State employees and employees of the local
government in age, sex, geographic location or other relevant
demographic variables, plus an amount sufficient to pay for the
additional administrative costs of providing coverage to
employees of the unit of local government and their dependents.
(2) In subsequent years, a further adjustment shall be made
to reflect the actual prior years' claims experience of the
employees of the unit of local government.
In the case of coverage of local government employees under a
health maintenance organization, the Director shall annually
determine for each participating unit of local government the maximum
monthly amount the unit may contribute toward that coverage, based on
an analysis of (i) the age, sex, geographic location, and other
relevant demographic variables of the unit's employees and (ii) the
cost to cover those employees under the State group health insurance
plan. The Director may similarly determine the maximum monthly
amount each unit of local government may contribute toward coverage
of its employees' dependents under a health maintenance organization.
6020 JOURNAL OF THE [May 26, 1999]
Monthly payments by the unit of local government or its employees
for group health insurance or health maintenance organization
coverage shall be deposited in the Local Government Health Insurance
Reserve Fund. The Local Government Health Insurance Reserve Fund
shall be a continuing fund not subject to fiscal year limitations.
All expenditures from this fund shall be used for payments for health
care benefits for local government and rehabilitation facility
employees, annuitants, and dependents, and to reimburse the
Department or its administrative service organization for all
expenses incurred in the administration of benefits. No other State
funds may be used for these purposes.
A local government employer's participation or desire to
participate in a program created under this subsection shall not
limit that employer's duty to bargain with the representative of any
collective bargaining unit of its employees.
(j) Any rehabilitation facility within the State of Illinois may
apply to the Director to have its employees, annuitants, and their
dependents provided group health coverage under this Act on a
non-insured basis. To participate, a rehabilitation facility must
agree to enroll all of its employees and remit the entire cost of
providing such coverage for its employees, except that the
rehabilitation facility shall not be required to enroll those of its
employees who are covered spouses or dependents under this plan or
another group policy or plan providing health benefits as long as (1)
an appropriate official from the rehabilitation facility attests that
each employee not enrolled is a covered spouse or dependent under
this plan or another group policy or plan, and (2) at least 85% of
the employees are enrolled and the rehabilitation facility remits the
entire cost of providing coverage to those employees. Employees of a
participating rehabilitation facility who are not enrolled due to
coverage under another group health policy or plan may enroll at a
later date subject to submission of satisfactory evidence of
insurability and provided that no benefits shall be payable for
services incurred during the first 6 months of coverage to the extent
the services are in connection with any pre-existing condition. A
participating rehabilitation facility may also elect to cover its
annuitants. Dependent coverage shall be offered on an optional basis,
with the costs paid by the rehabilitation facility, its employees, or
some combination of the 2 as determined by the rehabilitation
facility. The rehabilitation facility shall be responsible for timely
collection and transmission of dependent premiums.
The Director shall annually determine quarterly rates of payment,
subject to the following constraints:
(1) In the first year of coverage, the rates shall be equal
to the amount normally charged to State employees for elected
optional coverages or for enrolled dependents coverages or other
contributory coverages on behalf of its employees, adjusted for
differences between State employees and employees of the
rehabilitation facility in age, sex, geographic location or other
relevant demographic variables, plus an amount sufficient to pay
for the additional administrative costs of providing coverage to
employees of the rehabilitation facility and their dependents.
(2) In subsequent years, a further adjustment shall be made
to reflect the actual prior years' claims experience of the
employees of the rehabilitation facility.
Monthly payments by the rehabilitation facility or its employees
for group health insurance shall be deposited in the Local Government
Health Insurance Reserve Fund.
(k) Any domestic violence shelter or service within the State of
Illinois may apply to the Director to have its employees, annuitants,
and their dependents provided group health coverage under this Act on
HOUSE OF REPRESENTATIVES 6021
a non-insured basis. To participate, a domestic violence shelter or
service must agree to enroll all of its employees and pay the entire
cost of providing such coverage for its employees. A participating
domestic violence shelter may also elect to cover its annuitants.
Dependent coverage shall be offered on an optional basis, with
employees, or some combination of the 2 as determined by the domestic
violence shelter or service. The domestic violence shelter or
service shall be responsible for timely collection and transmission
of dependent premiums.
The Director shall annually determine quarterly rates of payment,
subject to the following constraints:
(1) In the first year of coverage, the rates shall be equal
to the amount normally charged to State employees for elected
optional coverages or for enrolled dependents coverages or other
contributory coverages on behalf of its employees, adjusted for
differences between State employees and employees of the domestic
violence shelter or service in age, sex, geographic location or
other relevant demographic variables, plus an amount sufficient
to pay for the additional administrative costs of providing
coverage to employees of the domestic violence shelter or service
and their dependents.
(2) In subsequent years, a further adjustment shall be made
to reflect the actual prior years' claims experience of the
employees of the domestic violence shelter or service.
(3) In no case shall the rate be less than the amount
normally charged to State employees or contributed by the State
on behalf of its employees.
Monthly payments by the domestic violence shelter or service or
its employees for group health insurance shall be deposited in the
Local Government Health Insurance Reserve Fund.
(l) A public community college or entity organized pursuant to
the Public Community College Act may apply to the Director initially
to have only annuitants not covered prior to July 1, 1992 by the
district's health plan provided health coverage under this Act on a
non-insured basis. The community college must execute a 2-year
contract to participate in the Local Government Health Plan. Those
annuitants enrolled initially under this contract shall have no
benefits payable for services incurred during the first 6 months of
coverage to the extent the services are in connection with any
pre-existing condition. Any annuitant who may enroll after this
initial enrollment period shall be subject to submission of
satisfactory evidence of insurability and to the pre-existing
conditions limitation.
The Director shall annually determine monthly rates of payment
subject to the following constraints: for those community colleges
with annuitants only enrolled, first year rates shall be equal to the
average cost to cover claims for a State member adjusted for
demographics, Medicare participation, and other factors; and in the
second year, a further adjustment of rates shall be made to reflect
the actual first year's claims experience of the covered annuitants.
(m) The Director shall adopt any rules deemed necessary for
implementation of this amendatory Act of 1989 (Public Act 86-978).
(Source: P.A. 89-53, eff. 7-1-95; 89-236, eff. 8-4-95; 89-324, eff.
8-13-95; 89-626, eff. 8-9-96; 90-65, eff. 7-7-97; 90-582, eff.
5-27-98; 90-655, eff. 7-30-98; revised 8-3-98.)
Section 205. 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
6022 JOURNAL OF THE [May 26, 1999]
91st General Assembly.
Section 210. The Counties Code is amended by adding Section
5-1069.8 as follows:
(55 ILCS 5/5-1069.8 new)
Sec. 5-1069.8. Managed Care Reform and Patient Rights Act. All
counties, including home rule counties, are subject to the provisions
of the Managed Care Reform and Patient Rights Act. The requirement
under this Section that health care benefits provided by counties
comply with the Managed Care Reform and Patient Rights Act is an
exclusive power and function of the State and is a denial and
limitation of home rule county powers under Article VII, Section 6,
subsection (h) of the Illinois Constitution.
Section 215. The Illinois Municipal Code is amended by adding
Section 10-4-2.8 as follows:
(65 ILCS 5/10-4-2.8 new)
Sec. 10-4-2.8. Managed Care Reform and Patient Rights Act. The
corporate authorities of all municipalities are subject to the
provisions of the Managed Care Reform and Patient Rights Act. The
requirement under this Section that health care benefits provided by
municipalities comply with the Managed Care Reform and Patient Rights
Act is an exclusive power and function of the State and is a denial
and limitation of home rule municipality powers under Article VII,
Section 6, subsection (h) of the Illinois Constitution.
Section 220. The Illinois Insurance Code is amended by changing
Section 370g and adding Sections 155.36, 370s, and 511.118 as
follows:
(215 ILCS 5/155.36 new)
Sec. 155.36. Managed Care Reform and Patient Rights Act.
Insurance companies that transact the kinds of insurance authorized
under Class 1(b) or Class 2(a) of Section 4 of this Code shall comply
with Section 85 and the definition of the term "emergency medical
condition" in Section 10 of the Managed Care Reform and Patient
Rights Act.
(215 ILCS 5/370g) (from Ch. 73, par. 982g)
Sec. 370g. Definitions. As used in this Article, the following
definitions apply:
(a) "Health care services" means health care services or
products rendered or sold by a provider within the scope of the
provider's license or legal authorization. The term includes, but is
not limited to, hospital, medical, surgical, dental, vision and
pharmaceutical services or products.
(b) "Insurer" means an insurance company or a health service
corporation authorized in this State to issue policies or subscriber
contracts which reimburse for expenses of health care services.
(c) "Insured" means an individual entitled to reimbursement for
expenses of health care services under a policy or subscriber
contract issued or administered by an insurer.
(d) "Provider" means an individual or entity duly licensed or
legally authorized to provide health care services.
(e) "Noninstitutional provider" means any person licensed under
the Medical Practice Act of 1987, as now or hereafter amended.
(f) "Beneficiary" means an individual entitled to reimbursement
for expenses of or the discount of provider fees for health care
services under a program where the beneficiary has an incentive to
utilize the services of a provider which has entered into an
agreement or arrangement with an administrator.
(g) "Administrator" means any person, partnership or
corporation, other than an insurer or health maintenance organization
holding a certificate of authority under the "Health Maintenance
Organization Act", as now or hereafter amended, that arranges,
contracts with, or administers contracts with a provider whereby
HOUSE OF REPRESENTATIVES 6023
beneficiaries are provided an incentive to use the services of such
provider.
(h) "Emergency medical condition" means a medical condition
manifesting itself by acute symptoms of sufficient severity
(including severe pain) such that a prudent layperson, who possesses
an average knowledge of health and medicine, could reasonably expect
the absence of immediate medical attention to result in:
(1) placing the health of the individual (or, with respect
to a pregnant woman, the health of the woman or her unborn child)
in serious jeopardy;
(2) serious impairment to bodily functions; or
(3) serious dysfunction of any bodily organ or part.
"Emergency" means an accidental bodily injury or emergency
medical condition which reasonably requires the beneficiary or
insured to seek immediate medical care under circumstances or at
locations which reasonably preclude the beneficiary or insured
from obtaining needed medical care from a preferred provider.
(Source: P.A. 88-400.)
(215 ILCS 5/370s new)
Sec. 370s. Managed Care Reform and Patient Rights Act. All
administrators shall comply with Sections 55 and 85 of the Managed
Care Reform and Patient Rights Act.
(215 ILCS 5/511.118 new)
Sec. 511.118. Managed Care Reform and Patient Rights Act. All
administrators are subject to the provisions of Sections 55 and 85 of
the Managed Care Reform and Patient Rights Act.
Section 225. The Comprehensive Health Insurance Plan Act is
amended by adding Section 8.6 as follows:
(215 ILCS 105/8.6 new)
Sec. 8.6. Managed Care Reform and Patient Rights Act. The plan
is subject to the provisions of the Managed Care Reform and Patient
Rights Act.
Section 230. The Health Care Purchasing Group Act is amended by
changing Sections 15 and 20 as follows:
(215 ILCS 123/15)
Sec. 15. Health care purchasing groups; membership; formation.
(a) An HPG may be an organization formed by 2 or more employers
with no more than 500 covered employees each 2,500 covered
individuals, an HPG sponsor or a risk-bearer for purposes of
contracting for health insurance under this Act to cover employees
and dependents of HPG members. An HPG shall not be prevented from
supplementing health insurance coverage purchased under this Act by
contracting for services from entities licensed and authorized in
Illinois to provide those services under the Dental Service Plan Act,
the Limited Health Service Organization Act, or Voluntary Health
Services Plans Act. An HPG may be a separate legal entity or simply
a group of 2 or more employers with no more than 500 covered
employees each 2,500 covered individuals aggregated under this Act by
an HPG sponsor or risk-bearer for insurance purposes. There shall be
no limit as to the number of HPGs that may operate in any geographic
area of the State. No insurance risk may be borne or retained by the
HPG. All health insurance contracts issued to the HPG must be
delivered or issued for delivery in Illinois.
(b) Members of an HPG must be Illinois domiciled employers,
except that an employer domiciled elsewhere may become a member of an
Illinois HPG for the sole purpose of insuring its employees whose
place of employment is located within this State. HPG membership may
include employers having no more than 500 covered employees each
2,500 covered individuals.
(c) If an HPG is formed by any 2 or more employers with no more
than 500 covered employees each 2,500 covered individuals, it is
6024 JOURNAL OF THE [May 26, 1999]
authorized to negotiate, solicit, market, obtain proposals for, and
enter into group or master health insurance contracts on behalf of
its members and their employees and employee dependents so long as it
meets all of the following requirements:
(1) The HPG must be an organization having the legal
capacity to contract and having its legal situs in Illinois.
(2) The principal persons responsible for the conduct of
the HPG must perform their HPG related functions in Illinois.
(3) No HPG may collect premium in its name or hold or
manage premium or claim fund accounts unless duly licensed and
qualified as a managing general agent pursuant to Section 141a of
the Illinois Insurance Code or a third party administrator
pursuant to Section 511.105 of the Illinois Insurance Code.
(4) If the HPG gives an offer, application, notice, or
proposal of insurance to an employer, it must disclose to that
employer the total cost of the insurance. Dues, fees, or charges
to be paid to the HPG, HPG sponsor, or any other entity as a
condition to purchasing the insurance must be itemized. The HPG
shall also disclose to its members the amount of any dividends,
experience refunds, or other such payments it receives from the
risk-bearer.
(5) An HPG must register with the Director before entering
into a group or master health insurance contract on behalf of its
members and must renew the registration annually on forms and at
times prescribed by the Director in rules specifying, at minimum,
(i) the identity of the officers and directors, trustees, or
attorney-in-fact of the HPG; (ii) a certification that those
persons have not been convicted of any felony offense involving a
breach of fiduciary duty or improper manipulation of accounts;
and (iii) the number of employer members then enrolled in the
HPG, together with any other information that may be needed to
carry out the purposes of this Act.
(6) At the time of initial registration and each renewal
thereof an HPG shall pay a fee of $100 to the Director.
(d) If an HPG is formed by an HPG sponsor or risk-bearer and the
HPG performs no marketing, negotiation, solicitation, or proposing of
insurance to HPG members, exclusive of ministerial acts performed by
individual employers to service their own employees, then a group or
master health insurance contract may be issued in the name of the HPG
and held by an HPG sponsor, risk-bearer, or designated employer
member within the State. In these cases the HPG requirements
specified in subsection (c) shall not be applicable, however:
(1) the group or master health insurance contract must
contain a provision permitting the contract to be enforced
through legal action initiated by any employer member or by an
employee of an HPG member who has paid premium for the coverage
provided;
(2) the group or master health insurance contract must be
available for inspection and copying by any HPG member, employee,
or insured dependent at a designated location within the State at
all normal business hours; and
(3) any information concerning HPG membership required by
rule under item (5) of subsection (c) must be provided by the HPG
sponsor in its registration and renewal forms or by the
risk-bearer in its annual reports.
(Source: P.A. 90-337, eff. 1-1-98; 90-655, eff. 7-30-98.)
(215 ILCS 123/20)
Sec. 20. HPG sponsors. Except as provided by Sections 15 and 25
of this Act, only a corporation authorized by the Secretary of State
to transact business in Illinois may sponsor one or more HPGs with no
more than 100,000 10,000 covered individuals by negotiating,
HOUSE OF REPRESENTATIVES 6025
soliciting, or servicing health insurance contracts for HPGs and
their members. Such a corporation may assert and maintain authority
to act as an HPG sponsor by complying with all of the following
requirements:
(1) The principal officers and directors responsible for
the conduct of the HPG sponsor must perform their HPG sponsor
related functions in Illinois.
(2) No insurance risk may be borne or retained by the HPG
sponsor; all health insurance contracts issued to HPGs through
the HPG sponsor must be delivered in Illinois.
(3) No HPG sponsor may collect premium in its name or hold
or manage premium or claim fund accounts unless duly qualified
and licensed as a managing general agent pursuant to Section 141a
of the Illinois Insurance Code or as a third party administrator
pursuant to Section 511.105 of the Illinois Insurance Code.
(4) If the HPG gives an offer, application, notice, or
proposal of insurance to an employer, it must disclose the total
cost of the insurance. Dues, fees, or charges to be paid to the
HPG, HPG sponsor, or any other entity as a condition to
purchasing the insurance must be itemized. The HPG shall also
disclose to its members the amount of any dividends, experience
refunds, or other such payments it receives from the risk-bearer.
(5) An HPG sponsor must register with the Director before
negotiating or soliciting any group or master health insurance
contract for any HPG and must renew the registration annually on
forms and at times prescribed by the Director in rules
specifying, at minimum, (i) the identity of the officers and
directors of the HPG sponsor corporation; (ii) a certification
that those persons have not been convicted of any felony offense
involving a breach of fiduciary duty or improper manipulation of
accounts; (iii) the number of employer members then enrolled in
each HPG sponsored; (iv) the date on which each HPG was issued a
group or master health insurance contract, if any; and (v) the
date on which each such contract, if any, was terminated.
(6) At the time of initial registration and each renewal
thereof an HPG sponsor shall pay a fee of $100 to the Director.
(Source: P.A. 90-337, eff. 1-1-98.)
Section 235. The Health Maintenance Organization Act is amended
by changing Sections 2-2 and 6-7 and adding Section 5-3.6 as follows:
(215 ILCS 125/2-2) (from Ch. 111 1/2, par. 1404)
Sec. 2-2. Determination by Director; Health Maintenance Advisory
Board.
(a) Upon receipt of an application for issuance of a certificate
of authority, the Director shall transmit copies of such application
and accompanying documents to the Director of the Illinois Department
of Public Health. The Director of the Department of Public Health
shall then determine whether the applicant for certificate of
authority, with respect to health care services to be furnished: (1)
has demonstrated the willingness and potential ability to assure that
such health care service will be provided in a manner to insure both
availability and accessibility of adequate personnel and facilities
and in a manner enhancing availability, accessibility, and continuity
of service; and (2) has arrangements, established in accordance with
regulations promulgated by the Department of Public Health for an
ongoing quality of health care assurance program concerning health
care processes and outcomes. Upon investigation, the Director of the
Department of Public Health shall certify to the Director whether the
proposed Health Maintenance Organization meets the requirements of
this subsection (a). If the Director of the Department of Public
Health certifies that the Health Maintenance Organization does not
meet such requirements, he shall specify in what respect it is
6026 JOURNAL OF THE [May 26, 1999]
deficient.
There is created in the Department of Public Health a Health
Maintenance Advisory Board composed of 11 members. Nine 9 members
shall who have practiced in the health field, 4 of which shall have
been or are currently affiliated with a Health Maintenance
Organization. Two of the members shall be members of the general
public, one of whom is over 50 years of age. Each member shall be
appointed by the Director of the Department of Public Health and
serve at the pleasure of that Director and shall receive no
compensation for services rendered other than reimbursement for
expenses. Six Five members of the Board shall constitute a quorum. A
vacancy in the membership of the Advisory Board shall not impair the
right of a quorum to exercise all rights and perform all duties of
the Board. The Health Maintenance Advisory Board has the power to
review and comment on proposed rules and regulations to be
promulgated by the Director of the Department of Public Health within
30 days after those proposed rules and regulations have been
submitted to the Advisory Board.
(b) Issuance of a certificate of authority shall be granted if
the following conditions are met:
(1) the requirements of subsection (c) of Section 2-1 have
been fulfilled;
(2) the persons responsible for the conduct of the affairs
of the applicant are competent, trustworthy, and possess good
reputations, and have had appropriate experience, training or
education;
(3) the Director of the Department of Public Health
certifies that the Health Maintenance Organization's proposed
plan of operation meets the requirements of this Act;
(4) the Health Care Plan furnishes basic health care
services on a prepaid basis, through insurance or otherwise,
except to the extent of reasonable requirements for co-payments
or deductibles as authorized by this Act;
(5) the Health Maintenance Organization is financially
responsible and may reasonably be expected to meet its
obligations to enrollees and prospective enrollees; in making
this determination, the Director shall consider:
(A) the financial soundness of the applicant's
arrangements for health services and the minimum standard
rates, co-payments and other patient charges used in
connection therewith;
(B) the adequacy of working capital, other sources of
funding, and provisions for contingencies; and
(C) that no certificate of authority shall be issued
if the initial minimum net worth of the applicant is less
than $2,000,000. The initial net worth shall be provided in
cash and securities in combination and form acceptable to
the Director;
(6) the agreements with providers for the provision of
health services contain the provisions required by Section 2-8 of
this Act; and
(7) any deficiencies identified by the Director have been
corrected.
(Source: P.A. 86-620; 86-1475.)
(215 ILCS 125/5-3.6 new)
Sec. 5-3.6. Managed Care Reform and Patient Rights Act. Health
maintenance organizations are subject to the provisions of the
Managed Care Reform and Patient Rights Act.
(215 ILCS 125/6-7) (from Ch. 111 1/2, par. 1418.7)
Sec. 6-7. Board of Directors. The board of directors of the
Association consists of not less than 7 5 nor more than 11 9 members
HOUSE OF REPRESENTATIVES 6027
serving terms as established in the plan of operation. The members
of the board are to be selected by member organizations subject to
the approval of the Director, except the Director shall name 2
members who are current enrollees, one of whom is over 50 years of
age. Vacancies on the board must be filled for the remaining period
of the term in the manner described in the plan of operation. To
select the initial board of directors, and initially organize the
Association, the Director must give notice to all member
organizations of the time and place of the organizational meeting.
In determining voting rights at the organizational meeting each
member organization is entitled to one vote in person or by proxy.
If the board of directors is not selected at the organizational
meeting, the Director may appoint the initial members.
In approving selections or in appointing members to the board,
the Director must consider, whether all member organizations are
fairly represented.
Members of the board may be reimbursed from the assets of the
Association for expenses incurred by them as members of the board of
directors but members of the board may not otherwise be compensated
by the Association for their services.
(Source: P.A. 85-20.)
Section 240. The Limited Health Service Organization Act is
amended by adding Section 4002.6 as follows:
(215 ILCS 130/4002.6 new)
Sec. 4002.6. Managed Care Reform and Patient Rights Act. Except
for health care plans offering only dental services or only vision
services, limited health service organizations are subject to the
provisions of the Managed Care Reform and Patient Rights Act.
Section 245. The Voluntary Health Services Plans Act is amended
by adding Section 15.30 as follows:
(215 ILCS 165/15.30 new)
Sec. 15.30. Managed Care Reform and Patient Rights Act. A
health service plan corporation is subject to the provisions of the
Managed Care Reform and Patient Rights Act.
Section 250. The Illinois Public Aid Code is amended by adding
Section 5-16.12 as follows:
(305 ILCS 5/5-16.12 new)
Sec. 5-16.12. Managed Care Reform and Patient Rights Act. The
medical assistance program and other programs administered by the
Department are subject to the provisions of the Managed Care Reform
and Patient Rights Act. The Department may adopt rules to implement
those provisions. These rules shall require compliance with that Act
in the medical assistance managed care programs and other programs
administered by the Department. The medical assistance
fee-for-service program is not subject to the provisions of the
Managed Care Reform and Patient Rights Act.
Nothing in the Managed Care Reform and Patient Rights Act shall
be construed to mean that the Department is a health care plan as
defined in that Act simply because the Department enters into
contractual relationships with health care plans.
Section 299. Effective date. This Section and Section 200 of
this Act take effect upon becoming law; Sections 25 and 85 take
effect July 1, 2000; and the remaining Sections of this Act take
effect January 1, 2000.".
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.
6028 JOURNAL OF THE [May 26, 1999]
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 Mautino, SENATE BILL 251 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 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.
RECESS
At the hour of 7:00 o'clock p.m., Representative Hartke moved
that the House do now take a recess until the call of the Chair.
The motion prevailed.
At the hour of 7:36 o'clock p.m., the House resumed its session.
Representative Hartke in the Chair.
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 Murphy, SENATE BILL 55 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 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.
DISTRIBUTION OF SUPPLEMENTAL CALENDAR
Supplemental Calendar No. 4 was distributed to the Members at
7:40 o'clock p.m.
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 Smith, SENATE BILL 856 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 20)
HOUSE OF REPRESENTATIVES 6029
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.
RESOLUTION
The following resolution was offered and placed in the Committee
on Rules.
HOUSE RESOLUTION 376
Offered by Representative Younge:
WHEREAS, It is the educational and economic policy of the State
of Illinois to move regions, local areas, and local institutions
toward self-reliance, local initiative, and local control; and
WHEREAS, It is further the policy of this State that education is
locally initiated and locally controlled; and
WHEREAS, The former State Community College was formed as an
experimental college to meet the educational needs of Alorton,
Brooklyn, Centreville, East St. Louis, Fairmount City, and Washington
Park, Illinois; and
WHEREAS, State Community College was abolished on July 1, 1996,
and was replaced on that date with a new permanent Class I community
college district that was established by a majority vote of the
taxpayers of Community College District 541; and
WHEREAS, The Illinois statute authorizing the establishment of a
permanent Class I community college required the Illinois Community
College Board to transfer the land and buildings that made up State
Community College to a locally elected Board of Trustees; and
WHEREAS, The statute authorizing the establishment of a permanent
community college district required taxpayers to pay real estate
taxes to support the new community college district; and
WHEREAS, The taxpayers paid the required taxes during the year
Metropolitan Community College was in existence; and
WHEREAS, The Illinois Community College Board abolished the
Metropolitan Community College District on October 16, 1998,
effective January 1, 1999; and
WHEREAS, The General Assembly had created a district consisting
of Alorton, Centreville, Washington Park, Brooklyn, East St. Louis,
and Fairmount City; and
WHEREAS, The Illinois Community College Board dissolved the local
community college district without the vote of the citizens or their
elected representatives, on January 1, 1999; and
WHEREAS, The Speaker of the House, Michael J. Madigan, has
appointed a special task force to study the issue of the creation of
a New Community College District in the geographic area of Community
College District 541; and
WHEREAS, Southern Illinois University wishes to locate its
programs and facilities and build classroom space at the former
Metropolitan Community College site; and
WHEREAS, There is pending in the appellate court a lawsuit
challenging the actions of the Illinois Community College Board and
the constitutionality of the statutes; and
WHEREAS, The leadership of the communities making up the
geographic area of Community College District 541 presented the
Illinois Community College Board executive director with a proposal
to reestablish a comprehensive community college district; and
WHEREAS, Discussions are going on in reference to a relationship
between Southern Illinois University, the community, and a new
6030 JOURNAL OF THE [May 26, 1999]
community college district; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we encourage
continuing discussion between the General Assembly, the Illinois
Community College Board, the Board of Higher Education, and the
communities making up the geographic areas of the former Community
College District 541 with the goal of planning to establish a
community college district; and be it further
RESOLVED, That a suitable copy of this resolution be delivered to
the Illinois Community College Board and the Board of Higher
Education.
SENATE BILLS ON SECOND READING
SENATE BILL 1103. Having been printed, was taken up and read by
title a second time.
The following amendments were offered in the Committee on
Personnel & Pensions, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1103
AMENDMENT NO. 1. Amend Senate Bill 1103 by replacing the title
with the following:
"AN ACT to amend the Illinois Pension Code."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Pension Code is amended by changing
Sections 1-113.5, 2-110, 2-117, and 7-139.1 as follows:
(40 ILCS 5/1-113.5)
Sec. 1-113.5. Investment advisers and investment services.
(a) The board of trustees of a pension fund may appoint
investment advisers as defined in Section 1-101.4. The board of any
pension fund investing in common or preferred stock under Section
1-113.4 shall appoint an investment adviser before making such
investments.
The investment adviser shall be a fiduciary, as defined in
Section 1-101.2, with respect to the pension fund and shall be one of
the following:
(1) an investment adviser registered under the federal
Investment Advisers Act of 1940 who meets any applicable
requirements of the Illinois Securities Law of 1953 or is
registered under and the Illinois Securities Law of 1953;
(2) a bank or trust company authorized to conduct a trust
business in Illinois;
(3) a life insurance company authorized to transact
business in Illinois; or
(4) an investment company as defined and registered under
the federal Investment Company Act of 1940 and registered under
the Illinois Securities Law of 1953.
(b) All investment advice and services provided by an investment
adviser appointed under this Section shall be rendered pursuant to a
written contract between the investment adviser and the board, and in
accordance with the board's investment policy.
The contract shall include all of the following:
(1) acknowledgement in writing by the investment adviser
that he or she is a fiduciary with respect to the pension fund;
(2) the board's investment policy;
(3) full disclosure of direct and indirect fees,
commissions, penalties, and any other compensation that may be
received by the investment adviser, including reimbursement for
expenses; and
HOUSE OF REPRESENTATIVES 6031
(4) a requirement that the investment adviser submit
periodic written reports, on at least a quarterly basis, for the
board's review at its regularly scheduled meetings. All returns
on investment shall be reported as net returns after payment of
all fees, commissions, and any other compensation.
(c) Within 30 days after appointing an investment adviser, the
board shall submit a copy of the contract to the Department of
Insurance.
(d) Investment services provided by a person other than an
investment adviser appointed under this Section, including but not
limited to services provided by the kinds of persons listed in items
(1) through (4) of subsection (a), shall be rendered only after full
written disclosure of direct and indirect fees, commissions,
penalties, and any other compensation that shall or may be received
by the person rendering those services.
(e) The board of trustees of each pension fund shall retain
records of investment transactions in accordance with the rules of
the Department of Insurance.
(Source: P.A. 90-507, eff. 8-22-97.)
(40 ILCS 5/2-110) (from Ch. 108 1/2, par. 2-110)
Sec. 2-110. Service.
(A) "Service" means the period beginning on the day when a
person first became a member, and ending on the date under
consideration, excluding all intervening periods of nonmembership
following resignation or expiration of any term of office.
(B) "Service" includes:
(a) Military service during war by a person who entered
such service while a member, whether rendered before or after
the expiration of any term of office; plus up to 2 years of
military service that need not have immediately followed service
as a member, and need not have been served during wartime,
provided that the member makes contributions to the System for
such service (1) at the rates provided in Section 2-126 based
upon the member's rate of compensation on the last date as a
participant prior to such military service, or on the first date
as a participant after such military service, whichever is
greater, plus (2) if payment is made on or after May 1, 1993, an
amount determined by the Board to be equal to the employer's
normal cost of the benefits accrued for such military service,
plus (3) interest at the effective rate from the date of first
membership in the System to the date of payment.
The amendment to this subdivision (B)(a) made by this
amendatory Act of 1993 shall apply to persons who are active
contributors to the System on or after November 30, 1992. A
person who was an active contributor to the System on November
30, 1992 but is no longer an active contributor may apply to
purchase military credit under this subdivision (B)(a) within 60
days after the effective date of this amendatory Act of 1993; if
the person is an annuitant, the resulting increase in annuity
shall begin to accrue on the first day of the month following the
month in which the required payment is received by the System.
The change in the required contribution for purchased military
credit made by this amendatory Act of 1993 shall not entitle any
person to a refund of contributions already paid.
(b) Service as a judge of a court of this State, but
credit for such service is subject to the following conditions:
(1) such person shall have been a member for at least 4 years and
contributed to the system for service as a judge subsequent to
July 8, 1947, at the rates herein provided, including interest at
2% per annum to the date of payment based on the salary in effect
during such service; (2) the member was not an eligible member of
6032 JOURNAL OF THE [May 26, 1999]
nor entitled to credit for such service in any other retirement
system in the State maintained in whole or in part by public
contributions; and (3) the last 4 years of service prior to
retirement on annuity was rendered while a member.
(c) Service as a participating employee under Articles 3,
4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 or 18 of the
Illinois Pension Code. Credit for such service may be
established by a member and, if permitted by the credit transfer
Section of the appropriate Article, by a former member who is not
yet an annuitant, and is subject to the following conditions:
(1) that the credits accrued under the above mentioned Articles
have been transferred to this system; and (2) that the member has
contributed to this system an amount equal to (i) the
contribution rate in effect for participants at the date of
membership in this system multiplied by the salary then in effect
for members of the General Assembly for each year of service for
which credit is being transferred, plus (ii) the State's share of
the normal cost of benefits under this system expressed as a
percent of payroll, as determined by the system's actuary as of
the date of the participant's membership in this system,
multiplied by the salary then in effect for members of the
General Assembly, for each year of service for which credit is
being transferred, plus (iii) interest on items (i) and (ii)
above at 6% per annum compounded annually, from the date of
membership to the date of payment by the participant, less (iv)
the amount transferred to this system on behalf of the
participant on account of service rendered while a participant
under the above mentioned Articles.
(d) Service, before October 1, 1975, as an officer elected
by the people of Illinois, for which creditable service is
required to be transferred from the State Employees' Retirement
System to this system by this amendatory Act of 1975.
(e) Service rendered prior to January 1, 1964, as a justice
of the peace or police magistrate or as a civil referee in the
Municipal Court of Chicago, but credit for such service may not
be granted until the member has paid to the system an amount
equal to (1) the contribution rate for participants at the date
of membership in this system multiplied by the salary then in
effect for members of the General Assembly for each year of
service for which credit is being transferred, plus (2) the
State's share of the normal cost of benefits under this system
expressed as a percent of payroll, as determined by the system's
actuary as of the date of the participant's membership in this
system, multiplied by the salary then in effect for members of
the General Assembly, for each year of service for which credit
is allowed, plus, (3) interest on (1) and (2) above at 6% per
annum compounded annually from the date of membership to the date
of payment by the member. However, a participant may not receive
more than 6 years of credit for such service nor may any member
receive credit under this paragraph for service for which credit
has been granted in any other public pension fund or retirement
system in the State.
(f) Service before January 16, 1981, as an officer elected
by the people of Illinois, for which creditable service is
transferred from the State Employees' Retirement System to this
system.
(C) Service during any fraction of a month shall be considered
as a month of service.
Service includes the total period of time for which a
participant is elected as a member or officer, even though he or she
does not complete the term because of death, resignation, judicial
HOUSE OF REPRESENTATIVES 6033
decision, or operation of law, provided that the contributions
required under this Article for such entire period of office have
been made by or on behalf of the participant. In the case of a
participant appointed or elected to fill a vacancy, service includes
the total period from January 1 of the year in which his or her
service commences to the end of the term in which the vacancy occurs,
provided the participant contributes in the year of appointment an
amount equal to the contributions that would have been required had
the participant received salary for the entire year. The foregoing
provisions relating to a participant appointed or elected to fill a
vacancy shall not apply if the participant was a member of the other
legislative chamber at the time of appointment or election.
(D) Notwithstanding the other provisions of this Section, if
application to transfer or establish service credit under paragraph
(c) or (e) of subsection (B) of this Section is made between January
1, 1992 and February 1, 1993, or in the case of a participant who was
serving as Attorney General on May 1, 1999, if application is made
between the effective date of this amendatory Act of the 91st General
Assembly and July 1, 2000, the contribution required for such credit
shall be an amount equal to (1) the contribution rate in effect for
participants at the date of membership in this system multiplied by
the salary then in effect for members of the General Assembly for
each year of service for which credit is being granted, plus (2)
interest thereon at 6% per annum compounded annually, from the date
of membership to the date of payment by the member, less (3) any
amount transferred to this system on behalf of the member on account
of such service credit.
The amendment to this subsection (D) made by this amendatory Act
of the 91st General Assembly applies without regard to whether the
applicant is in service on or after its effective date, so long as
the applicant has not yet begun to receive a retirement annuity under
this Article. The change in the required contribution made by this
amendatory Act does not entitle any person to a refund of
contributions already paid.
(Source: P.A. 86-27; 86-1028; 87-794; 87-1265.)
(40 ILCS 5/2-117) (from Ch. 108 1/2, par. 2-117)
Sec. 2-117. Participants - Election not to participate.
(a) Every person who was a member on November 1, 1947, or in
military service on such date, is subject to the provisions of this
system beginning upon such date, unless prior to such date he or she
filed with the board a written notice of election not to participate.
Every person who becomes a member after November 1, 1947, and who
is then not a participant becomes a participant beginning upon the
date of becoming a member unless, within 24 months from that date, he
or she has filed with the board a written notice of election not to
participate.
(b) A member who has filed notice of an election not to
participate (and a former member who has not yet begun to receive a
retirement annuity under this Article) may become a participant with
respect to the period for which the member elected not to participate
upon filing with the board, before July 1, 2000 April 1, 1993, a
written rescission of the election not to participate. Upon
contributing an amount equal to the contributions he or she would
have made as a participant from November 1, 1947, or the date of
becoming a member, whichever is later, to the date of becoming a
participant, with interest at the rate of 4% per annum until the
contributions are paid, the participant shall receive credit for
service as a member prior to the date of the rescission, both before
and after November 1, 1947. The required contributions shall be made
before commencement of the retirement annuity; otherwise no credit
for service prior to the date of participation shall be granted.
6034 JOURNAL OF THE [May 26, 1999]
(Source: P.A. 86-273; 87-1265.)
(40 ILCS 5/7-139.1) (from Ch. 108 1/2, par. 7-139.1)
Sec. 7-139.1. General Assembly transfers and credits.
(a) Any active member of the General Assembly Retirement System
(and until July 1, 2000 February 1, 1993, any former member of that
System who has not yet retired) may apply for transfer of his credits
and creditable service accumulated under this Fund to the General
Assembly Retirement System. Also, any active member of the State
Employees' Retirement System of Illinois who is an officer of the
General Assembly may apply for a similar transfer from this Fund,
provided that such member received credit under this Fund as an
elected county officer. Such credits and creditable service shall be
transferred forthwith. Payment by this Fund to the General Assembly
Retirement System or the State Employees' Retirement System shall be
made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the applicant,
including interest, on the books of the Fund on the date of
transfer, but excluding any additional or optional credits, which
credits shall be refunded to the applicant; and
(2) municipality credits computed and credited under
Section 7-139, including interest, on the books of the Fund on
the date the member terminated service under the Fund.
Participation in this Fund as to any credits transferred under this
Section shall terminate on the date of transfer.
(b) An active member of the General Assembly Retirement System
(and until July 1, 2000 February 1, 1993, any former member of that
System who has not yet retired) who has service credits and
creditable service under the Fund may establish additional service
credits and creditable service for periods during which he was an
elected official and could have elected to participate but did not so
elect. Service credits and creditable service may be established by
payment to the fund of an amount equal to the contributions he would
have made if he had elected to participate, plus interest to the date
of payment. The limitations in subparagraph (c) of Section 7-139 of
this Article shall not apply to payments made under this Section.
(c) An active member of the General Assembly Retirement System
(and until July 1, 2000 February 1, 1993, any former member of that
System who has not yet retired) may reinstate service and service
credits terminated upon receipt of a separation benefit, by payment
to the Fund of the amount of the separation benefit plus interest
thereon to the date of payment.
(Source: P.A. 87-794.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 2 TO SENATE BILL 1103
AMENDMENT NO. 2. Amend Senate Bill 1103, AS AMENDED, in the
introductory portion of Section 5, by changing "and 7-139.1" to
"7-139.1, and 7-145.1"; and
in Section 5, by inserting after the end of Sec. 7-139.1 the
following:
"(40 ILCS 5/7-145.1)
Sec. 7-145.1. Alternative annuity for county officers.
(a) The benefits provided in this Section and Section 7-145.2
are available only if the county board has filed with the Board of
the Fund a resolution or ordinance expressly consenting to the
availability of these benefits for its elected county officers. The
county board's consent is irrevocable with respect to persons
participating in the program, but may be revoked at any time with
respect to persons who have not paid an additional optional
contribution under this Section before the date of revocation.
HOUSE OF REPRESENTATIVES 6035
An elected county officer may elect to establish alternative
credits for an alternative annuity by electing in writing to make
additional optional contributions in accordance with this Section and
procedures established by the board. These alternative credits are
available only for periods of service as an elected county officer.
The elected county officer may discontinue making the additional
optional contributions by notifying the Fund in writing in accordance
with this Section and procedures established by the board.
Additional optional contributions for the alternative annuity
shall be as follows:
(1) For service as an elected county officer after the
option is elected, an additional contribution of 3% of salary
shall be contributed to the Fund on the same basis and under the
same conditions as contributions required under Section 7-173.
(2) For service as an elected county officer before the
option is elected, an additional contribution of 3% of the salary
for the applicable period of service, plus interest at the
effective rate from the date of service to the date of payment.
All payments for past service must be paid in full before credit
is given. No additional optional contributions may be made for
any period of service for which credit has been previously
forfeited by acceptance of a refund, unless the refund is repaid
in full with interest at the effective rate from the date of
refund to the date of repayment.
(b) In lieu of the retirement annuity otherwise payable under
this Article, an elected county officer who (1) has elected to
participate in the Fund and make additional optional contributions in
accordance with this Section, (2) has held and made additional
optional contributions with respect to the same elected county office
for at least 8 years, and (3) (2) has attained age 55 with at least 8
years of service credit (or has attained age 50 with at least 20
years of service as a sheriff's law enforcement employee) may elect
to have his retirement annuity computed as follows: 3% of the
participant's salary at the time of termination of service for each
of the first 8 years of service credit, plus 4% of that salary for
each of the next 4 years of service credit, plus 5% of that salary
for each year of service credit in excess of 12 years, subject to a
maximum of 80% of that salary.
This formula applies only to service in an elected county office
that the officer held for at least 8 years, and only to service for
which additional optional contributions have been paid under this
Section. If an elected county officer qualifies to have this formula
applied to service in more than one elected county office, the
qualifying service shall be accumulated for purposes of determining
the applicable accrual percentages, but the salary used for each
office shall be the separate salary calculated for that office, as
defined in subsection (g).
To the extent that the elected county officer has service credit
that does not qualify for this formula, made additional optional
contributions with respect to only a portion of his years of service
credit, his retirement annuity will first be determined in accordance
with this formula with respect to the service to which this formula
applies Section to the extent that additional optional contributions
were made, and then in accordance with the remaining Sections of this
Article to the extent of years of service credit with respect to the
service to which this formula does not apply additional optional
contributions were not made.
(c) In lieu of the disability benefits otherwise payable under
this Article, an elected county officer who (1) has elected to
participate in the Fund, and (2) has become permanently disabled and
as a consequence is unable to perform the duties of his office, and
6036 JOURNAL OF THE [May 26, 1999]
(3) was making optional contributions in accordance with this Section
at the time the disability was incurred, may elect to receive a
disability annuity calculated in accordance with the formula in
subsection (b). For the purposes of this subsection, an elected
county officer shall be considered permanently disabled only if: (i)
disability occurs while in service as an elected county officer and
is of such a nature as to prevent him from reasonably performing the
duties of his office at the time; and (ii) the board has received a
written certification by at least 2 licensed physicians appointed by
it stating that the officer is disabled and that the disability is
likely to be permanent.
(d) Refunds of additional optional contributions shall be made
on the same basis and under the same conditions as provided under
Section 7-166, 7-167 and 7-168. Interest shall be credited at the
effective rate on the same basis and under the same conditions as for
other contributions.
If an elected county officer fails to hold that same elected
county office for at least 8 years, he or she shall be entitled after
leaving office to receive a refund of the additional optional
contributions made with respect to that office, plus interest at the
effective rate.
(e) The plan of optional alternative benefits and contributions
shall be available to persons who are elected county officers and
active contributors to the Fund on or after November 15, 1994. A
person who was an elected county officer and an active contributor to
the Fund on November 15, 1994 but is no longer an active contributor
may apply to make additional optional contributions under this
Section at any time within 90 days after the effective date of this
amendatory Act of 1997; if the person is an annuitant, the resulting
increase in annuity shall begin to accrue on the first day of the
month following the month in which the required payment is received
by the Fund.
(f) For the purposes of this Section and Section 7-145.2, the
terms "elected county officer" and "elected county office" include,
but are not limited to: (1) the county clerk, recorder, treasurer,
coroner, assessor (if elected), auditor, sheriff, and State's
Attorney; members of the county board; and the clerk of the circuit
court; and (2) a person who has been appointed to fill a vacancy in
an office that is normally filled by election on a countywide basis,
for the duration of his or her service in that office. The terms
"elected county officer" and "elected county office" do not include
any officer or office of a county that has not consented to the
availability of benefits under this Section and Section 7-145.2.
(g) For the purposes of this Section and Section 7-145.2, the
term "salary" means the final rate of earnings for the elected county
office held, calculated in a manner consistent with Section 7-116,
but for that office only. If an elected county officer qualifies to
have the formula in subsection (b) applied to service in more than
one elected county office, a separate salary shall be calculated and
applied with respect to each such office.
(h) The changes to this Section made by this amendatory Act of
the 91st General Assembly apply to persons who first make an
additional optional contribution under this Section on or after the
effective date of this amendatory Act.
(Source: P.A. 90-32, eff. 6-27-97.)".
The motion prevailed and the amendments were adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were adopted and the bill, as amended, was advanced
HOUSE OF REPRESENTATIVES 6037
to the order of Third Reading.
SENATE BILL 23. Having been recalled earlier today, and held on
the order of Second Reading, the same was again taken up.
Representative Novak offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO SENATE BILL 23
AMENDMENT NO. 2. Amend Senate Bill 23, AS AMENDED, by replacing
the title with the following:
"AN ACT in relation to the taxation of the real property of
electric generating stations."; and
by replacing everything after the enacting clause with the following:
"Section 5. The State Finance Act is amended by adding Section
5.490 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. The Nuclear Electric Generating Station Fund.
Section 10. The Property Tax Code is amended by changing Section
9-45 and adding Sections 10-232, 10-235, 10-240, 10-245, 10-250,
10-255, 10-260, 10-265, and 10-270 as follows:
(35 ILCS 200/9-45)
Sec. 9-45. Property index number system. The county clerk in
counties of 3,000,000 or more inhabitants and, subject to the
approval of the county board, the chief county assessment officer or
recorder, in counties of less than 3,000,000 inhabitants, may
establish a property index number system under which property may be
listed for purposes of assessment, collection of taxes or automation
of the office of the recorder. The system may be adopted in addition
to, or instead of, the method of listing by legal description as
provided in Section 9-40. The system shall describe property by
township, section, block, and parcel or lot, and may cross-reference
the street or post office address, if any, and street code number, if
any. The county clerk, county treasurer, chief county assessment
officer or recorder may establish and maintain cross indexes of
numbers assigned under the system with the complete legal description
of the properties to which the numbers relate. Index numbers shall be
assigned by the county clerk in counties of 3,000,000 or more
inhabitants, and, at the direction of the county board in counties
with less than 3,000,000 inhabitants, shall be assigned by the chief
county assessment officer or recorder. Tax maps of the county clerk,
county treasurer or chief county assessment officer shall carry those
numbers. The indexes shall be open to public inspection and be made
available to the public. Any property index number system
established prior to the effective date of this Code shall remain
valid. However, in counties with less than 3,000,000 inhabitants, the
system may be transferred to another authority upon the approval of
the county board.
Any real property used for a power generating or automotive
manufacturing facility located within a county of less than 1,000,000
inhabitants, as to which litigation with respect to its assessed
valuation or taxation is pending or was pending as of January 1,
1993, may be the subject of a real property tax assessment settlement
agreement among the taxpayer and taxing districts in which it is
situated. Other appropriate authorities, which may include county
and State boards or officials, may also be parties to such an
agreement. Such an agreement may include the assessment of the
facility for any years in dispute as well as for up to 10 years in
the future. Such an agreement may provide for the settlement of
issues relating to the assessed value of the facility and may provide
6038 JOURNAL OF THE [May 26, 1999]
for related payments, refunds, claims, credits against taxes and
liabilities in respect to past and future taxes of taxing districts,
including any fund created under Section 20-35 of this Act, all
implementing the settlement agreement. Any such agreement may
provide that parties thereto agree not to challenge assessments as
provided in the agreement. An agreement entered into on or after
January 1, 1993 may provide for the classification of property that
is the subject of the agreement as real or personal during the term
of the agreement and thereafter. It may also provide that taxing
districts agree to reimburse the taxpayer for amounts paid by the
taxpayer in respect to taxes for the real property which is the
subject of the agreement to the extent levied by those respective
districts, over and above amounts which would be due if the facility
were to be assessed as provided in the agreement. Such reimbursement
may be provided in the agreement to be made by credit against taxes
of the taxpayer. No credits shall be applied against taxes levied
with respect to debt service or lease payments of a taxing district.
No referendum approval or appropriation shall be required for such an
agreement or such credits and any such obligation shall not
constitute indebtedness of the taxing district for purposes of any
statutory limitation. The county collector shall treat credited
amounts as if they had been received by the collector as taxes paid
by the taxpayer and as if remitted to the district. A county
treasurer who is a party to such an agreement may agree to hold
amounts paid in escrow as provided in the agreement for possible use
for paying taxes until conditions of the agreement are met and then
to apply these amounts as provided in the agreement. No such
settlement agreement shall be effective unless it shall have been
approved by the court in which such litigation is pending. Any such
agreement which has been entered into prior to adoption of this
amendatory Act of 1988 and which is contingent upon enactment of
authorizing legislation shall be binding and enforceable.
(Source: P.A. 88-455; 88-535; 88-670, eff. 12-2-94.)
(35 ILCS 200/10-232 new)
Sec. 10-232. Findings of the Electric Utility Property Assessment
Task Force; privileged statements.
(a) Pursuant to Section 10-230, the Electric Utility Property
Assessment Task Force was established to advise the General Assembly
with respect to the possible impact of the Electric Service Customer
Choice and Rate Relief Law of 1997 on the valuation of the real
property component of electric generating stations owned by electric
utilities and, therefore, on the taxing districts in this State in
which the electric generating stations are located. The Task Force,
appointed by the 4 legislative leaders of the General Assembly, was
comprised of representatives of taxing districts and electric
utilities and was chaired by the President of the Taxpayers'
Federation of Illinois. After more than a year of extensive
investigation, discussions, and negotiations, including in-depth
analyses, projections, and reports by third party experts, the Task
Force has determined that taxing districts throughout this State with
nuclear electric generating stations located within their taxing
jurisdictions will experience significant sustained erosions of their
property tax bases and property tax revenues as a result of the
restructuring of the electric industry. As a result, the General
Assembly has determined that a transition period is needed that will
enable the affected taxing districts, their constituents, and the
State as well as the involved taxpayers to make gradual rather than
precipitous adjustments in assessments in the restructured
environment and to provide the market place with sufficient time to
establish the full cash value of nuclear electric generating stations
in the State.
HOUSE OF REPRESENTATIVES 6039
(b) Statements made during Task Force meetings and deliberations
may not be introduced as evidence in any judicial or administrative
proceedings, and the statements and reports of any person retained by
the Task Force, including outside experts, may not be introduced as
evidence in any judicial or administrative proceedings.
(35 ILCS 200/10-235 new)
Sec. 10-235. Definitions. As used in this Division, unless the
context otherwise requires:
"Base year assessment" means the lower of the 1998 or 1999
assessments of the real property, as set by the board of review, of a
nuclear electric generating station.
"Base year real estate percentage" means:
(1) in the case of a nuclear electric generating station
for which the taxpayer has entered into a settlement agreement
under Section 9-45 that sets forth a percentage of the nuclear
electric generating station that is real property, the percentage
set forth in the agreement; or
(2) in the case of a nuclear electric generating station
for which the taxpayer has not entered into a settlement
agreement under Section 9-45 that sets forth a percentage of the
nuclear electric generating station that is real property, then a
percentage equal to a fraction the numerator of which is the
lower of the 1998 or 1999 assessment of the real property of the
nuclear electric generating station as set by the board of review
and the denominator of which is one-third of the original cost
less depreciation of the nuclear electric generating station as
of 1998 or 1999, whichever is lower.
"Electric generating station" means a station constructed and
designed to generate electricity and that was owned, as of November
1, 1997, by an electric utility as defined in Section 16-102 of the
Public Utilities Act.
"End-of-period assessment" means 33 1/3% of the end-of-period
calculated facility value multiplied by the base year real estate
percentage.
"End-of-period calculated facility value" of a nuclear electric
generating station means:
(1) for the Dresden nuclear electric generating station,
$200 per kilowatt of total installed capacity reflected on FERC
form 1;
(2) for the Quad Cities nuclear electric generating
station, $110 per kilowatt of total installed capacity reflected
on FERC form 1;
(3) for the LaSalle nuclear electric generating station,
$280 per kilowatt of total installed capacity reflected on FERC
form 1;
(4) for the Braidwood nuclear electric generating station,
$395 per kilowatt of total installed capacity as reflected on
FERC form 1;
(5) for the Byron nuclear electric generating station, $395
per kilowatt of total installed capacity as reflected on FERC
form 1; and
(6) for the Clinton nuclear generating station, $375 per
kilowatt of total installed capacity reflected on FERC form 1.
"Nuclear electric generating station" means an electric
generating station that generates electricity using the fission of
uranium.
"Transition amount" means the difference between the base year
assessment and the end-of-period assessment.
"Transition period" means the period beginning on January 1, 2000
and ending on December 31, 2005.
"Permanently closed nuclear station" means a nuclear electric
6040 JOURNAL OF THE [May 26, 1999]
generating station with respect to which either (i) its owner has
notified the Nuclear Regulatory Commission that it intends to
permanently cease operations of the nuclear power generating units at
the station and has ceased the nuclear generation of electricity; or
(ii) the Nuclear Regulatory Commission has revoked the owners'
license.
(35 ILCS 200/10-240 new)
Sec. 10-240. Assessment of nuclear electric generating stations.
(a) During the transition period, the real property assessment
with respect to a nuclear electric generating station that is not a
permanently closed nuclear station is as follows:
(1) if there is a settlement agreement entered into under
Section 9-45 that provides for the assessment of the nuclear
electric generating station's real property for that year, the
assessment provided for in the agreement; or
(2) if there is no settlement agreement entered into under
Section 9-45 that provides for the assessment of the nuclear
electric generating station's real property for that year, then:
(A) for the year 2000, the base year assessment less
50% of the transition amount;
(B) for the year 2001, the base year assessment less
60% of the transition amount;
(C) for the year 2002, the base year assessment less
70% of the transition amount;
(D) for the year 2003, the base year assessment less
80% of the transition amount;
(E) for the year 2004, the base year assessment less
90% of the transition amount; and
(F) for the year 2005, the end-of-period assessment.
(b) During the transition period, the real property assessment
with respect to a nuclear electric generating station that was a
permanently closed nuclear station as of January 1, 1999 is as
follows:
(1) for the year 2000, 60% of its 1998 assessment;
(2) for the year 2001, 30% of its 1998 assessment; and
(3) for the years 2002 and until the end of the transition
period, the lesser of (i) $25,000,000 or (ii) 30% of the 1998
assessment.
(c) During the transition period, the real property assessment
with respect to a nuclear electric generating station that becomes a
permanently closed nuclear station after January 1, 1999 is as
follows:
(1) for the first assessment year following the year in
which the station is permanently closed, 60% of the prior year's
assessment;
(2) for the second assessment year following the year in
which the station is permanently closed, 30% of the last
assessment prior to the permanent closure of the station; and
(3) for the third assessment year following the year in
which the station is permanently closed and until the end of the
transition period, the lesser of (i) $25,000,000 or (ii) 30% of
the last assessment prior to the permanent closure of the
station.
(d) The sale of any station that generates electricity shall not
be a factor in the assessment of the property of a nuclear electric
generating station for any assessment year during the transition
period.
(e) During the transition period, land that was not improved
with nuclear electric generating or substation equipment in the year
of the base year assessment, but that has been reported to the
Federal Energy Regulatory Commission as comprising part of a nuclear
HOUSE OF REPRESENTATIVES 6041
electric generating station, shall be assessed using the same
valuation methodology that was applied to the land in the year of the
base year assessment, unless the land is used for a purpose different
from the year of base year assessment.
(35 ILCS 200/10-245 new)
Sec. 10-245. Assessment during and after the transition period.
(a) During the transition period, the assessed valuation of a
nuclear electric generating station's real property is not subject to
application of any equalization factor set by the Department of
Revenue or local assessment officers. During this period, the
equalized assessed valuation of the real property of a nuclear
electric generating station shall be the same as its assessed
valuation.
(b) Effective January 1, 2006 and thereafter, the property of all
nuclear electric generating stations shall be assessed based upon its
fair cash value and without regard to Section 10-240 or subsection
(a) of this Section.
(35 ILCS 200/10-250 new)
Sec. 10-250. Expedited assessment and appeal.
(a) On or before January 15 in each year, the assessor, in person
or by deputy, shall actually view and determine as near as
practicable the value of the property at each nuclear electric
generating station in the assessor's jurisdiction according to this
Division and shall certify to the chief county assessment officer the
amount of the assessment. On or before February 1 of each year, the
chief county assessment officer shall review the assessor's
certification and make changes or assessments in the absence of the
certification as may be necessary and proper and on or before
February 15 shall notify the taxpayer of the assessment by mail and
by publication in a newspaper of general circulation in the county.
If the property at any nuclear electric generating station is not
assessed on or before February 1, then the assessment shall be deemed
to have been set by the chief county assessment officer at 100% of
the prior year's assessed valuation.
(b) Complaints that a nuclear electric generating station is
overassessed or underassessed shall be filed with the board of review
on or before March 1. The board of review shall notify, within 5
calendar days, the taxpayer and any taxing body in which such nuclear
electric generating station is situated of receipt of the complaint
and the date and time for hearing thereon. Not later than April 1,
the board shall review the assessment and correct it, as appears to
be just under the terms of this Division, or allow the assessment to
stand. If the board does not issue its decision on the complaint by
April 1, then the complaint shall be deemed denied and the taxpayer
and any taxing body shall have the right to appeal to the Property
Tax Appeal Board according to subsection (c). After April 1, the
board of review shall have no authority to revise the assessment of a
nuclear electric generating station for that assessment year.
(c) Any taxpayer dissatisfied with the decision of a board of
review as the decision pertains to the assessment of his or her
property at a nuclear electric generating station or any taxing body
in which such nuclear electric generating station is situated may,
before May 1, appeal the decision to the Property Tax Appeal Board
for review.
(d) Upon receipt of a petition complaining of the assessment of a
nuclear electric generating station with an assessed valuation in
excess of $20,000,000 or a petition complaining that the assessment
of a nuclear electric generating station should be set in excess of
$20,000,000:
(1) the Property Tax Appeal Board shall, within 10 calendar
days, set the matter for a pre-hearing conference not later than
6042 JOURNAL OF THE [May 26, 1999]
June 15 and provide notice of the date of the pre-hearing
conference and a copy of the petition to the appellant, the
taxpayer if other than the appellant, the board of review whose
decision is being appealed and the State's Attorney of that
county;
(2) notice to all taxing bodies in which such nuclear
electric generating station is situated shall be deemed to be
given when served upon the State's Attorney of the county whose
board of review's decision is being appealed;
(3) the board of review shall, within 5 calendar days of the
receipt of the notice and petition from the Property Tax Appeal
Board, mail an additional copy of the notice and petition on all
taxing bodies as shown on the last available tax bill;
(4) the Property Tax Appeal Board shall consider the appeal
de novo and shall issue a decision not later than February 1 of
the year following the assessment year; and
(5) the assessment determined by the Property Tax Appeal
Board shall be used as the assessment of the nuclear electric
generating station for the calculation and extension of taxes
notwithstanding the filing of any petition for administrative
review.
(35 ILCS 200/10-255 new)
Sec. 10-255. Supplemental Tax Rates.
(a) Notwithstanding any other provision of law to the contrary
except the Property Tax Extension Limitation Law, the governing
authority of a taxing district may, by ordinance or resolution,
increase without referendum its maximum aggregate tax rate for those
funds that have rate maximums and its specific tax rates for the
funds from tax year 2000 through tax year 2005. The ordinance or
resolution is irrevocable. The maximum aggregate tax rate for those
funds that have rate maximums may not be increased each year to more
than 5% above the preceding year's maximum aggregate tax rate for the
funds; provided that the total increase of the maximum aggregate tax
rate for those funds that have rate maximums from tax year 2000
through tax year 2005 may not exceed the maximum aggregate tax rate
for the funds in tax year 1999 by the lesser of either (i) 25% or
(ii) a percentage, rounded to the nearest whole, equal to a fraction
the numerator of which is the nuclear generating station's equalized
assessed valuation for tax year 1996, as set by the board of review,
minus its end-of-period assessment and the denominator of which is
the taxing district's total equalized assessed valuation for tax year
1996. If a taxing district increases its maximum aggregate tax rate
by referendum, the district may supplement that increase by an amount
of no more than 5% above the preceding year's maximum aggregate tax
rate.
(b) The ordinance or resolution increasing the maximum aggregate
tax rate of the taxing district must be certified and filed with the
county clerk and must include all of the following provisions:
(1) those funds of the district that have maximum tax rates
and the maximum tax rate applicable to each fund for the tax year
1999;
(2) the aggregate maximum tax rates for tax year 1999 for
all of the district's funds that are subject to maximums;
(3) the amount of the increase, if any, in the maximum
aggregate tax rate to which the taxing district is entitled under
this Section;
(4) the amounts of the increases, if any, in the maximum
aggregate tax rate under this Section adopted by the governing
authority of the taxing district in the preceding years;
(5) the amount of the increase in the maximum aggregate tax
rate authorized under this Section for the current year;
HOUSE OF REPRESENTATIVES 6043
(6) the amount of the increase adopted by the governing
authority of the taxing district for the current year and those
funds to which the increase will be applied; and
(7) a cite to this Section of the Property Tax Code
authorizing the tax rate increase.
(c) The maximum tax rates in effect on December 31, 2005 as
established in accordance with subsections (a) and (b) above shall
remain in effect thereafter.
(35 ILCS 200/10-260 new)
Sec. 10-260. Transitional program. The Department of Revenue
must implement and administer a transitional support program to make
grants to taxing districts within which are located a nuclear
electric generating station or permanently closed nuclear station.
The Department must make the grants to the taxing districts that meet
the requirements of this subsection from the Nuclear Electric
Generating Station Fund, a special fund created in the State
Treasury. On January 1 of each year from 2001 through 2006, the
Comptroller shall order transferred and the Treasurer shall transfer
$16,000,000 from the General Revenue Fund to the Nuclear Electric
Generating Station Fund for the Department to make grants to taxing
districts under the transitional support program in September of each
year. If in any one year taxing districts are eligible for
transitional support grants in excess of the moneys in the fund, then
the Department shall distribute the grants to the districts in
amounts equal to proportionate shares of the fund calculated using
the amount of the grant that the district would otherwise have been
entitled to receive from the fund. If the Department does not use
all of the moneys in the fund for grants each year, then the balance
shall remain in the fund for grants of the succeeding years. Moneys
remaining in the fund after December 31, 2006 shall be returned to
the General Revenue Fund by the Treasurer.
(1) From 2001 through 2006, a taxing district may apply for
a transitional support grant before July 1st of each year and
must be issued a grant if the district meets all of the following
requirements:
(A) A nuclear electric generating station or
permanently closed nuclear station is located within the
taxing district.
(B) The taxing district's aggregate tax levy extension
decreased from the 1999 tax year due to the decreased real
property assessment of the nuclear electric generating
station or permanently closed nuclear station by at least 3%
in tax year 2000, 6% in tax year 2001, 9% in tax year 2002,
12% in tax year 2003, 15% in tax year 2004, and 18% in tax
year 2005.
(C) The taxing district increased under Section 10-255
in the current tax year its maximum aggregate tax rate
without a referendum or through referendum by at least 3%
more than the maximum aggregate tax rate for the immediate
preceding tax year, provided that if the district's 1999
maximum aggregate tax rate is greater than the median
maximum aggregate tax rate of the same type of taxing
districts organized under the same enabling law, as
determined by the Department, then the taxing district need
not increase its maximum aggregate tax rate.
(D) If the taxing district has cash reserves, exclusive
of early property tax receipts, that exceed 50% or more of
its general operating expenditures for that year, then the
district must have applied at least one-eighth of those cash
reserves in excess of the 50% in the district's budget
ordinance or resolution for the current tax year.
6044 JOURNAL OF THE [May 26, 1999]
(2) The amount of the transitional support grant is limited
each year for a taxing district according to this paragraph. For
the purpose of the grant limits under this paragraph, the term
"aggregate extension" shall have the same definition as set forth
in Section 18-185 of the Property Tax Extension Limitation Law.
In addition, if the taxing district increases by referendum its
maximum tax rate for any fund subject to rate maximums, then the
amount of the extension attributable to the referendum shall not
be included in the district's aggregate extension for the
purposes of the grant limits under this paragraph. Subject to
paragraph (3), the grant limits are calculated according to the
following schedule:
(A) For the 2000 tax year, the amount of the grant may
not increase the total of the district's aggregate extension
and applied cash reserves to more than 97% of the 1999
aggregate extension.
(B) For the 2001 tax year, the amount of the grant may
not increase the total of the district's aggregate extension
and applied cash reserves to more than 94% of the 1999
aggregate extension.
(C) For the 2002 tax year, the amount of the grant may
not increase the total of the district's aggregate extension
and applied cash reserves to more than 91% of the 1999
aggregate extension.
(D) For the 2003 tax year, the amount of the grant may
not increase the total of the district's aggregate extension
and applied cash reserves to more than 88% of the 1999
aggregate extension.
(E) For the 2004 tax year, the amount of the grant may
not increase the total of the district's aggregate extension
and applied cash reserves to more than 85% of the 1999
aggregate extension.
(F) For the 2005 tax year, the amount of the grant may
not increase the total of the district's aggregate extension
and applied cash reserves to more than 82% of the 1999
aggregate extension.
(3) If due to the decreased real property assessment of a
nuclear electric generating station or permanently closed nuclear
station, a school district would receive an amount under Section
18-8.05 of the School Code that together with the transitional
support grant, the district's aggregate extension, and the
applied cash reserves would be more than the total amount of the
district's general State aid entitlement for fiscal year 2001
under Section 18-8.05 of the School Code and the district's
aggregate extension for tax year 1999, then the Department shall
reduce the amount of the transitional support grant for that tax
year so that the amount of the grant does not increase the total
amount of the district's general State aid entitlement under
Section 18-8.05 of the School Code, the district's aggregate
extension for that tax year, and the applied cash reserves to
more than 100% of the total amount of the district's general
State aid entitlement for fiscal year 2001 under Section 18-8.05
of the School Code and the district's aggregate extension for tax
year 1999.
(35 ILCS 200/10-265 new)
Sec. 10-265. Applicability. To the extent that Sections 10-232,
10-235, 10-240, 10-245, 10-250, 10-255, and 10-260 are in conflict
with other provisions of the Property Tax Code, the provisions of
Sections 10-232, 10-235, 10-240, 10-245, 10-250, 10-255, and 10-260
control.
(35 ILCS 200/10-270 new)
HOUSE OF REPRESENTATIVES 6045
Sec. 10-270. Inseverability. The provisions of this amendatory
Act of the 91st General Assembly are mutually dependent and
inseverable. If any provision is held invalid other than as applied
to a particular person or circumstance, then this entire amendatory
Act is invalid.
Section 99. Effective date. This Act takes effect upon becoming
law.".
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 held on the order of
Second Reading.
SENATE BILL 956. Having been printed, was taken up and read by
title a second time.
Floor Amendment No. 1 remained in the Committee on Rules.
Representative Currie offered and withdrew Amendment No. 2.
Representative Winkel offered the following amendment and moved
its adoption:
AMENDMENT NO. 3 TO SENATE BILL 956
AMENDMENT NO. 3. Amend Senate Bill 956, AS AMENDED, in Section
5, in the introductory clause, by inserting "and adding Section
9-25.3" after "7-10"; and
in Section 5, below Sec. 7-10, by inserting the following:
"(10 ILCS 5/9-25.3 new)
Sec. 9-25.3. Acceptance of prohibited contributions.
(a) No candidate, political committee, or public official shall
accept a contribution or anything of value from or on behalf of a
licensee or applicant for licensure under the provisions of the
Riverboat Gambling Act or the Illinois Horse Racing Act of 1975, nor
from any officer, director, holder, or controller of a legal or
beneficial interest in any such license or application, nor from any
gaming operations manager, nor from any agent of any such person.
(b) A candidate, political committee, or public official who
violates subsection (a) of this Section for the first time shall be
guilty of a Class A misdemeanor. Any contribution accepted by such
candidate, political committee, or public official in violation of
this Section shall be paid into the State Treasury.
(c) A candidate, political committee, or public official who
violates subsection (a) of this Section for a second or subsequent
time shall be guilty of a Class 4 felony. For a second or subsequent
violation of this Section, a fine shall be imposed of not less than
twice the amount of any contribution accepted by the offending
candidate, political committee, or public official."; and
by inserting below Section 10 the following:
"Section 15. The Illinois Horse Racing Act of 1975 is amended by
changing Section 24 as follows:
(230 ILCS 5/24) (from Ch. 8, par. 37-24)
Sec. 24. (a) No license shall be issued to or held by an
organization licensee unless all of its officers, directors, and
holders of ownership interests of at least 5% are first approved by
the Board. The Board shall not give approval of an organization
license application to any person who has been convicted of or is
under an indictment for a crime of moral turpitude or has violated
6046 JOURNAL OF THE [May 26, 1999]
any provision of the racing law of this State or any rules of the
Board.
(b) An organization licensee must notify the Board within 10
days of any change in the holders of a direct or indirect interest in
the ownership of the organization licensee. The Board may, after
hearing, revoke the organization license of any person who registers
on its books or knowingly permits a direct or indirect interest in
the ownership of that person without notifying the Board of the name
of the holder in interest within this period.
(c) In addition to the provisions of subsection (a) of this
Section, no person shall be granted an organization license if any
public official of the State or member of his or her family holds any
ownership or financial interest, directly or indirectly, in the
person.
(d) No person which has been granted an organization license to
hold a race meeting shall give to any public official or member of
his family, directly or indirectly, for or without consideration, any
interest in the person. The Board shall, after hearing, revoke the
organization license granted to a person which has violated this
subsection.
(e) (Blank).
(f) No organization licensee or concessionaire or officer,
director or holder or controller of any 5% or more legal or
beneficial interest in any organization licensee or concession shall
make any sort of gift or contribution of any kind or pay or give any
money or other thing of value to any person who is a public official,
or a candidate or nominee for public office or to any political
committee. A person shall be guilty of a Class A misdemeanor for
violating this subsection for the first time. A person shall be
guilty of a Class 4 felony and, in addition, shall suffer revocation
of any license granted under this Act if that person or any agent of
that person violates this subsection (f) for a second or subsequent
time.
(Source: P.A. 89-16, eff. 5-30-95.)
Section 20. The Riverboat Gambling Act is amended by changing
Section 18 and adding Section 13.2 as follows:
(230 ILCS 10/13.2 new)
Sec. 13.2. Ownership by public official; political
contributions.
(a) No licensee or applicant for licensure or agent thereof
shall give to any public official or member of his or her family,
directly or indirectly, for or without consideration, any interest in
shares of stock or certificates or other evidences of ownership of
any interest in an activity licensed by the Board under this Act.
The Board shall, after hearing, revoke the license of any licensee
found in violation of this subsection (a).
(b) No licensee or applicant for licensure or officer, director,
holder, or controller of any legal or beneficial interest in any
license granted by the Board under this Act nor any gaming operations
manager or any agent of such person shall make any sort of gift or
contribution of any kind or pay or give any money or other thing of
value to any person who is a public official, or a candidate or
nominee for public office, or to any agent of such person, or to any
political committee or other fund-raising entity that gives, lends,
or otherwise provides funds to meet the expenses of any candidate for
public office.
(230 ILCS 10/18) (from Ch. 120, par. 2418)
Sec. 18. Prohibited Activities - Penalty.
(a) A person is guilty of a Class A misdemeanor for doing any of
the following:
(1) Operating a gambling excursion where wagering is used
HOUSE OF REPRESENTATIVES 6047
or to be used without a license issued by the Board.
(2) Operating a gambling excursion where wagering is
permitted other than in the manner specified by Section 11.
(3) Violating Section 13.2 of this Act for the first time.
(b) A person is guilty of a Class B misdemeanor for doing any of
the following:
(1) permitting a person under 21 years to make a wager; or
(2) violating paragraph (12) of subsection (a) of Section
11 of this Act.
(c) A person wagering or accepting a wager at any location
outside the riverboat is subject to the penalties in paragraphs (1)
or (2) of subsection (a) of Section 28-1 of the Criminal Code of
1961.
(d) A person commits a Class 4 felony and, in addition, shall be
barred for life from riverboats under the jurisdiction of the Board,
if the person does any of the following:
(1) Offers, promises, or gives anything of value or benefit
to a person who is connected with a riverboat owner including,
but not limited to, an officer or employee of a licensed owner or
holder of an occupational license pursuant to an agreement or
arrangement or with the intent that the promise or thing of value
or benefit will influence the actions of the person to whom the
offer, promise, or gift was made in order to affect or attempt to
affect the outcome of a gambling game, or to influence official
action of a member of the Board.
(2) Solicits or knowingly accepts or receives a promise of
anything of value or benefit while the person is connected with a
riverboat including, but not limited to, an officer or employee
of a licensed owner, or holder of an occupational license,
pursuant to an understanding or arrangement or with the intent
that the promise or thing of value or benefit will influence the
actions of the person to affect or attempt to affect the outcome
of a gambling game, or to influence official action of a member
of the Board.
(3) Uses or possesses with the intent to use a device to
assist:
(i) In projecting the outcome of the game.
(ii) In keeping track of the cards played.
(iii) In analyzing the probability of the occurrence
of an event relating to the gambling game.
(iv) In analyzing the strategy for playing or betting
to be used in the game except as permitted by the Board.
(4) Cheats at a gambling game.
(5) Manufactures, sells, or distributes any cards, chips,
dice, game or device which is intended to be used to violate any
provision of this Act.
(6) Alters or misrepresents the outcome of a gambling game
on which wagers have been made after the outcome is made sure but
before it is revealed to the players.
(7) Places a bet after acquiring knowledge, not available
to all players, of the outcome of the gambling game which is
subject of the bet or to aid a person in acquiring the knowledge
for the purpose of placing a bet contingent on that outcome.
(8) Claims, collects, or takes, or attempts to claim,
collect, or take, money or anything of value in or from the
gambling games, with intent to defraud, without having made a
wager contingent on winning a gambling game, or claims, collects,
or takes an amount of money or thing of value of greater value
than the amount won.
(9) Uses counterfeit chips or tokens in a gambling game.
(10) Possesses any key or device designed for the purpose
6048 JOURNAL OF THE [May 26, 1999]
of opening, entering, or affecting the operation of a gambling
game, drop box, or an electronic or mechanical device connected
with the gambling game or for removing coins, tokens, chips or
other contents of a gambling game. This paragraph (10) does not
apply to a gambling licensee or employee of a gambling licensee
acting in furtherance of the employee's employment.
(e) The possession of more than one of the devices described in
subsection (d), paragraphs (3), (5) or (10) permits a rebuttable
presumption that the possessor intended to use the devices for
cheating.
(f) A person is guilty of a Class 4 felony and, in addition,
shall suffer revocation of any license granted by the Board under
this Act if such person or any agent thereof violates Section 13.2 of
this Act for a second or subsequent time.
An action to prosecute any crime occurring during a gambling
excursion shall be tried in the county of the dock at which the
riverboat is based.
Representative Hannig moved that the Amendment was out of order.
The Chair ruled that the Amendment was out of order.
Representative Winkel then moved to overrule the Chair.
And the question being "Shall the Chair be sustained?" it was
decided in the affirmative by the following vote:
60, Yeas; 55, Nays; 0, Answering Present.
(ROLL CALL 21) (Source: P.A. 86-1029; 87-826.)".
The motion prevailed.
Representative Currie offered the following amendment and moved
its adoption:
AMENDMENT NO. 4 TO SENATE BILL 956
AMENDMENT NO. 4. Amend Senate Bill 956 by replacing the title
with the following:
"AN ACT concerning elections, amending named Acts."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Election Code is amended by changing Sections
6A-3 and 7-10 as follows:
(10 ILCS 5/6A-3) (from Ch. 46, par. 6A-3)
Sec. 6A-3. If the county board adopts an ordinance providing for
the establishment of a county board of election commissioners, or if
a majority of the votes cast on a proposition submitted in accordance
with Section 6A-2 are in favor of a county board of election
commissioners, a county board of election commissioners shall be
appointed in the same manner as is provided in Article 6 for boards
of election commissioners in cities, villages and incorporated towns,
except that the county board of election commissioners shall be
appointed by the chairman of the county board rather than the circuit
court. However, before any appointments are made, the appointing
authority shall ascertain whether the county clerk desires to be a
member of the county board of election commissioners. If the county
clerk so desires, he shall be one of the members of the county board
of election commissioners, and the appointing authority shall appoint
only 2 other members.
(Source: P.A. 80-648.)
(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
Sec. 7-10. The name of no candidate for nomination, or State
central committeeman, or township committeeman, or precinct
committeeman, or ward committeeman or candidate for delegate or
alternate delegate to national nominating conventions, shall be
HOUSE OF REPRESENTATIVES 6049
printed upon the primary ballot unless a petition for nomination has
been filed in his behalf as provided in this Article in substantially
the following form:
We, the undersigned, members of and affiliated with the ....
party and qualified primary electors of the .... party, in the ....
of ...., in the county of .... and State of Illinois, do hereby
petition that the following named person or persons shall be a
candidate or candidates of the .... party for the nomination for (or
in case of committeemen for election to) the office or offices
hereinafter specified, to be voted for at the primary election to be
held on (insert date). the .... day of ...., ....
Name Office Address
John Jones Governor Belvidere, Ill.
Thomas Smith Attorney General Oakland, Ill.
Name.................. Address.......................
State of Illinois)
) ss.
County of........)
I, ...., do hereby certify that I am a registered voter and have
been a registered voter at all times I have circulated this petition,
that I reside at No. .... street, in the .... of ...., county of
...., and State of Illinois, and that the signatures on this sheet
were signed in my presence, and are genuine, and that to the best of
my knowledge and belief the persons so signing were at the time of
signing the petitions qualified voters of the .... party, and that
their respective residences are correctly stated, as above set forth.
.........................
Subscribed and sworn to before me on (insert date). this .... day
of ...., ....
.........................
Each sheet of the petition other than the statement of candidacy
and candidate's statement shall be of uniform size and shall contain
above the space for signatures an appropriate heading giving the
information as to name of candidate or candidates, in whose behalf
such petition is signed; the office, the political party represented
and place of residence; and the heading of each sheet shall be the
same.
Such petition shall be signed by qualified primary electors
residing in the political division for which the nomination is sought
in their own proper persons only and opposite the signature of each
signer, his residence address shall be written or printed. The
residence address required to be written or printed opposite each
qualified primary elector's name shall include the street address or
rural route number of the signer, as the case may be, as well as the
signer's city, village or town. However the county or city, village
or town, and state of residence of the electors may be printed on the
petition forms where all of the electors signing the petition reside
in the same county or city, village or town, and state. Standard
abbreviations may be used in writing the residence address, including
street number, if any. At the bottom of each sheet of such petition
shall be added a statement signed by a registered voter of the
political division, who has been a registered voter at all times he
or she circulated the petition, for which the candidate is seeking a
nomination, stating the street address or rural route number of the
voter, as the case may be, as well as the voter's city, village or
town; and certifying that the signatures on that sheet of the
petition were signed in his presence; and either (1) indicating the
dates on which that sheet was circulated, or (2) indicating the first
and last dates on which the sheet was circulated, or (3) certifying
that none of the signatures on the sheet were signed more than 90
days preceding the last day for the filing of the petition, or more
6050 JOURNAL OF THE [May 26, 1999]
than 45 days preceding the last day for filing of the petition in the
case of political party and independent candidates for single or
multi-county regional superintendents of schools in the 1994 general
primary election; and certifying that the signatures on the sheet are
genuine, and certifying that to the best of his knowledge and belief
the persons so signing were at the time of signing the petitions
qualified voters of the political party for which a nomination is
sought. Such statement shall be sworn to before some officer
authorized to administer oaths in this State.
No petition sheet shall be circulated more than 90 days preceding
the last day provided in Section 7-12 for the filing of such
petition, or more than 45 days preceding the last day for filing of
the petition in the case of political party and independent
candidates for single or multi-county regional superintendents of
schools in the 1994 general primary election.
The person circulating the petition, or the candidate on whose
behalf the petition is circulated, may strike any signature from the
petition, provided that;
(1) the person striking the signature shall initial the
petition at the place where the signature is struck; and
(2) the person striking the signature shall sign a
certification listing the page number and line number of each
signature struck from the petition. Such certification shall be
filed as a part of the petition.
Such sheets before being filed shall be neatly fastened together
in book form, by placing the sheets in a pile and fastening them
together at one edge in a secure and suitable manner, and the sheets
shall then be numbered consecutively. The sheets shall not be
fastened by pasting them together end to end, so as to form a
continuous strip or roll. All petition sheets which are filed with
the proper local election officials, election authorities or the
State Board of Elections shall be the original sheets which have been
signed by the voters and by the circulator thereof, and not
photocopies or duplicates of such sheets. Each petition must include
as a part thereof, a statement of candidacy for each of the
candidates filing, or in whose behalf the petition is filed. This
statement shall set out the address of such candidate, the office for
which he is a candidate, shall state that the candidate is a
qualified primary voter of the party to which the petition relates
and is qualified for the office specified (in the case of a candidate
for State's Attorney it shall state that the candidate is at the time
of filing such statement a licensed attorney-at-law of this State),
shall state that he has filed (or will file before the close of the
petition filing period) a statement of economic interests as required
by the Illinois Governmental Ethics Act, shall request that the
candidate's name be placed upon the official ballot, and shall be
subscribed and sworn to by such candidate before some officer
authorized to take acknowledgment of deeds in the State and shall be
in substantially the following form:
Statement of Candidacy
Name Address Office District Party
John Jones 102 Main St. Governor Statewide Republican
Belvidere,
Illinois
State of Illinois) ) ss. County of .......)
I, ...., being first duly sworn, say that I reside at .... Street
in the city (or village) of ...., in the county of ...., State of
Illinois; that I am a qualified voter therein and am a qualified
primary voter of the .... party; that I am a candidate for nomination
(for election in the case of committeeman and delegates and alternate
delegates) to the office of .... to be voted upon at the primary
HOUSE OF REPRESENTATIVES 6051
election to be held on (insert date); the .... day of ...., ....;
that I am legally qualified (including being the holder of any
license that may be an eligibility requirement for the office I seek
the nomination for) to hold such office and that I have filed (or I
will file before the close of the petition filing period) a statement
of economic interests as required by the Illinois Governmental Ethics
Act and I hereby request that my name be printed upon the official
primary ballot for nomination for (or election to in the case of
committeemen and delegates and alternate delegates) such office.
Signed ......................
Subscribed and sworn to (or affirmed) before me by ...., who is
to me personally known, on (insert date). this .... day of ....,
19...
Signed ....................
(Official Character)
(Seal, if officer has one.)
The petitions, when filed, shall not be withdrawn or added to,
and no signatures shall be revoked except by revocation filed in
writing with the State Board of Elections, election authority or
local election official with whom the petition is required to be
filed, and before the filing of such petition. Whoever forges the
name of a signer upon any petition required by this Article is deemed
guilty of a forgery and on conviction thereof shall be punished
accordingly.
Petitions of candidates for nomination for offices herein
specified, to be filed with the same officer, may contain the names
of 2 or more candidates of the same political party for the same or
different offices.
Such petitions for nominations shall be signed:
(a) If for a State office, or for delegate or alternate
delegate to be elected from the State at large to a National
nominating convention by not less than 5,000 nor more than 10,000
primary electors of his party.
(b) If for a congressional officer or for delegate or
alternate delegate to be elected from a congressional district to
a national nominating convention by at least .5% of the qualified
primary electors of his party in his congressional district,
except that for the first primary following a redistricting of
congressional districts such petitions shall be signed by at
least 600 qualified primary electors of the candidate's party in
his congressional district.
(c) If for a county office (including county board member
and chairman of the county board where elected from the county at
large), by at least .5% of the qualified electors of his party
cast at the last preceding general election in his county.
However, if for the nomination for county commissioner of Cook
County, then by at least .5% of the qualified primary electors of
his or her party in his or her county in the district or division
in which such person is a candidate for nomination; and if for
county board member from a county board district, then by at
least .5% of the qualified primary electors of his party in the
county board district. In the case of an election for county
board member to be elected from a district, for the first primary
following a redistricting of county board districts or the
initial establishment of county board districts, then by at least
.5% of the qualified electors of his party in the entire county
at the last preceding general election, divided by the number of
county board districts, but in any event not less than 25
qualified primary electors of his party in the district.
(d) If for a municipal or township office by at least .5%
of the qualified primary electors of his party in the
6052 JOURNAL OF THE [May 26, 1999]
municipality or township; if for alderman, by at least .5% of the
voters of his party of his ward. In the case of an election for
alderman or trustee of a municipality to be elected from a ward
or district, for the first primary following a redistricting or
the initial establishment of wards or districts, then by .5% of
the total number of votes cast for the candidate of such
political party who received the highest number of votes in the
entire municipality at the last regular election at which an
officer was regularly scheduled to be elected from the entire
municipality, divided by the number of wards or districts, but in
any event not less than 25 qualified primary electors of his
party in the ward or district.
(e) If for State central committeeman, by at least 100 of
the primary electors of his or her party of his or her
congressional district.
(f) If for a candidate for trustee of a sanitary district
in which trustees are not elected from wards, by at least .5% of
the primary electors of his party, from such sanitary district.
(g) If for a candidate for trustee of a sanitary district
in which the trustees are elected from wards, by at least .5% of
the primary electors of his party in his ward of such sanitary
district, except that for the first primary following a
reapportionment of the district such petitions shall be signed by
at least 150 qualified primary electors of the candidate's ward
of such sanitary district.
(h) The number of signatures required for a candidate for
judicial office in a district, circuit, or subcircuit shall be
0.25% of the number of votes cast for the judicial candidate of
his or her political party who received the highest number of
votes at the last regular general election at which a judicial
officer from the same district, circuit, or subcircuit was
regularly scheduled to be elected, but in no event shall be less
than 500 signatures If for a candidate for judicial office, by at
least 500 qualified primary electors of his or her judicial
district, circuit, or subcircuit, as the case may be.
(i) If for a candidate for precinct committeeman, by at
least 10 primary electors of his or her party of his or her
precinct; if for a candidate for ward committeeman, by not less
than 10% nor more than 16% (or 50 more than the minimum,
whichever is greater) of the primary electors of his party of his
ward; if for a candidate for township committeeman, by not less
than 5% nor more than 8% (or 50 more than the minimum, whichever
is greater) of the primary electors of his party in his township
or part of a township as the case may be.
(j) If for a candidate for State's Attorney or Regional
Superintendent of Schools to serve 2 or more counties, by at
least .5% of the primary electors of his party in the territory
comprising such counties.
(k) If for any other office by at least .5% of the total
number of registered voters of the political subdivision,
district or division for which the nomination is made or a
minimum of 25, whichever is greater.
For the purposes of this Section the number of primary electors
shall be determined by taking the total vote cast, in the applicable
district, for the candidate for such political party who received the
highest number of votes, state-wide, at the last general election in
the State at which electors for President of the United States were
elected. For political subdivisions, the number of primary electors
shall be determined by taking the total vote cast for the candidate
for such political party who received the highest number of votes in
such political subdivision at the last regular election at which an
HOUSE OF REPRESENTATIVES 6053
officer was regularly scheduled to be elected from that subdivision.
For wards or districts of political subdivisions, the number of
primary electors shall be determined by taking the total vote cast
for the candidate for such political party who received the highest
number of votes in such ward or district at the last regular election
at which an officer was regularly scheduled to be elected from that
ward or district.
A "qualified primary elector" of a party may not sign petitions
for or be a candidate in the primary of more than one party.
(Source: P.A. 87-1052; 88-89; revised 1-26-99.)
Section 10. The Revised Cities and Villages Act of 1941 is
amended by changing Section 21-14 as follows:
(65 ILCS 20/21-14) (from Ch. 24, par. 21-14)
Sec. 21-14. Member residency before election; member not to hold
other office.
(a) No member may be elected or appointed to the city council
after the effective date of this amendatory Act of the 91st General
Assembly unless he or she has resided in the ward he or she seeks to
represent at least 2 years before the date of the election or
appointment. In the election following redistricting, a candidate
for alderman may be elected from any ward containing a part of the
ward in which he or she resided for the 2 years before the election
that follows the redistricting and may be reelected from the new ward
he or she represents if he or she resides in that ward for 18 months
before the reelection.
(b) No member of the city council shall at the same time hold
any other civil service office under the federal, state or city
government, except if such member is granted a leave of absence from
such civil service office, or except in the National Guard, or as a
notary public, and except such honorary offices as go by appointment
without compensation.
(Source: P.A. 83-1331.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 4
was adopted and the bill, as amended, was 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 Wojcik, SENATE BILL 956 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 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.
CONFERENCE COMMITTEE REPORTS
6054 JOURNAL OF THE [May 26, 1999]
Having been reported out of the Committee on Rules earlier today,
the First Conference Committee Report on Senate Amendment No. 1 to
HOUSE BILL 1845, submitted to the House previously, was taken up for
consideration.
Representative Cross moved the First Conference Committee Report
be adopted.
And on the motion, a vote was taken resulting as follows:
114, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 23)
The motion prevailed and the First Conference Committee Report
was adopted.
Ordered that the Clerk inform the Senate.
RESOLUTION
The following resolutions were offered and placed in the
Committee on Rules.
HOUSE RESOLUTION 366
Offered by Representative Daniels:
WHEREAS, The Internet can be an educational and entertainment
medium, it can also pose great hazards to children by providing
inappropriate access to certain materials and people that they would
be prohibited from encountering; and
WHEREAS, Estimates show that in May 1997, nearly 10 million
children were online either at home, at school, or in the community -
a five fold increase from fall, 1995; and
WHEREAS, It is estimated that more than 45 million children will
be online by the year 2002, and since the establishment of the
"CyberTipline" program, that program has received more than 7,000
reports of online enticement and transmission of sexually explicit
images, many resulting in arrests; and
WHEREAS, For the 50 million children now in United States
elementary and secondary schools, 27% of classrooms have Internet
access and 78% of schools have some kind of access to the Internet;
and
WHEREAS, Just as there are people intent on harming our children
at the playground, now there are people intent on harming our
children through the Internet in chat rooms by providing access to
the sale of illegal ammunition and weapons and exposing children to
hateful propaganda; and
WHEREAS, As parents, teachers, and mentors, we must protect our
children from information that can harm them and prohibit access to
information that would show them how to harm others; and
WHEREAS, It is often possible for someone with the right tools
and expertise to figure out where a transmission is coming from, and
sometimes where the sender is located; and
WHEREAS, Rating systems have been developed for movies,
television, and other materials; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that there be created a
task force to study the establishment of a website rating system to
provide parents and teachers with the information necessary to make
informed decisions concerning the Internet materials viewed and
utilized by children; and be it further
RESOLVED, That the task force shall consist of the Chairperson
and Spokesperson from the House Committee on Judiciary-1 (Civil Law);
the Chairperson and Spokesperson from the House Committee on Computer
Technology; four appointments each by the Speaker of the House and
HOUSE OF REPRESENTATIVES 6055
the House Minority Leader, who shall be either representatives of the
school community or parents with school-age children; the
Superintendent of the State Board of Education; the Attorney General
or his designee; the Governor or his designee; and two additional
appointments made by the Governor of persons who shall have training
in child psychology with emphasis or training on Internet crimes; and
be it further
RESOLVED, That the task force shall report its findings by
January 1, 2000 to the Governor, the Illinois General Assembly, the
Illinois Attorney General, the Illinois delegates of the United
States Congress, and the Federal Communications Commission; and be it
further
RESOLVED, That suitable copies of this resolution be forwarded to
the Governor and the Attorney General.
HOUSE JOINT RESOLUTION 29
Offered by Representative Saviano:
WHEREAS, Nearly every county in the State of Illinois has an
annual county fair; and
WHEREAS, Cook County does not have a county fair; and
WHEREAS, Agriculture is one of the most important industries in
Illinois and the county fair is one of the most important places for
citizens to learn about agriculture in the State; and
WHEREAS, County fairs are productive social events for local
communities; and
WHEREAS, Cook County is the home of a large segment of the
State's population; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that the General Assembly urges General Revenue Fund funding
and Department of Agriculture support for a Cook County Fair.
At the hour of 8:52 o'clock p.m., Representative Currie moved
that the House do now adjourn until Thursday, May 27, 1999, at 9:30
o'clock a.m.
The motion prevailed.
And the House stood adjourned.
6056 JOURNAL OF THE [May 26, 1999]
NO. 1
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
MAY 26, 1999
0 YEAS 0 NAYS 115 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
E 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 P KLINGLER P PARKE E WOJCIK
P DELGADO P KOSEL P PERSICO P WOOLARD
P DURKIN P KRAUSE P POE P YOUNGE
P ERWIN P LANG E PUGH P ZICKUS
P FEIGENHOLTZ P LAWFER P REITZ P MR. SPEAKER
P FLOWERS P LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6057
NO. 2
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 953
ELEC CD-PRIMARY EXPENSE-TECH
MOTION TO CONCUR IN SENATE AMENDMENT NO. 2
CONCURRED
MAY 26, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
E 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 Y KLINGLER Y PARKE E WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG E PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
6058 JOURNAL OF THE [May 26, 1999]
NO. 3
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 460
CIV PRO-COSTS-POOR PERSONS
MOTION TO RECEDE FROM HOUSE AMENDMENT NO. 3
ADOPTED
MAY 26, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
E 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 Y KLINGLER Y PARKE E WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG E PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6059
NO. 4
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1207
VET AFFRS-GREAT LAKES HOME
MOTION TO RECEDE FROM HOUSE AMENDMENT NO. 1
ADOPTED
MAY 26, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
E 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 Y KLINGLER Y PARKE E WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG E PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
6060 JOURNAL OF THE [May 26, 1999]
NO. 5
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 427
ASSISTED LIVING-SHARED HOUSING
ADOPT FIRST CONFERENCE COMMITTEE REPORT
ADOOPTED
MAY 26, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
E 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 Y KLINGLER Y PARKE E WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG E PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6061
NO. 6
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1670
SCH CD-HIGH SCH CERT-TECHNICAL
ADOPT FIRST CONFERENCE COMMITTEE REPORT
ADOPTED
MAY 26, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
E 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 Y KLINGLER Y PARKE E WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG E PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
6062 JOURNAL OF THE [May 26, 1999]
NO. 7
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 73
MEAT-POULTRY INSPECTION-TECH
ADOPT FIRST CONFERENCE COMMITTEE REPORT
ADOPTED
MAY 26, 1999
104 YEAS 10 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
N BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG N McCARTHY N SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG A McKEON Y SHARP
N BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD N HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
E CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON N 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 Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
N DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE E WOJCIK
Y DELGADO N KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG E PUGH N ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6063
NO. 8
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 171
MUNI CD-DEPUTY POL&FIRE CHIEFS
ADOPT FIRST CONFERENCE COMMITTEE REPORT
ADOPTED
MAY 26, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
E 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 Y KLINGLER Y PARKE E WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG E PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
6064 JOURNAL OF THE [May 26, 1999]
NO. 9
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 648
SCH CD-CHARTER SCH-RULES-TECH
ADOPT FIRST CONFERENCE COMMITTEE REPORT
ADOPTED
MAY 26, 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 P GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
E 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
A DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE E WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG E PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6065
NO. 10
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 656
LIQUOR CONTROL ACT-LICENSE
ADOPT FIRST CONFERENCE COMMITTEE REPORT
ADOPTED
MAY 26, 1999
67 YEAS 48 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 N RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH N RYDER
Y BIGGINS N GASH N MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO N SCHMITZ
N BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
N BOST Y GRANBERG Y McCARTHY N SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT N MOFFITT Y SMITH
E CAPPARELLI N 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
Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN
N CURRY N JONES,JOHN Y O'BRIEN N WAIT
Y DANIELS Y JONES,LOU N O'CONNOR N WINKEL
N DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE E WOJCIK
Y DELGADO N KOSEL Y PERSICO Y WOOLARD
N DURKIN Y KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG E PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
6066 JOURNAL OF THE [May 26, 1999]
NO. 11
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 2166
CHIP ACT PHYSICAL IMMUNIZE 16
ADOPT FIRST CONFERENCE COMMITTEE REPORT
ADOPTED
MAY 26, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
E 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 Y KLINGLER Y PARKE E WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG E PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6067
NO. 12
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 311
DOT-PROPERTY LEASES-GOVERNMENT
THIRD READING
PASSED
MAY 26, 1999
80 YEAS 34 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER N LINDNER N RIGHTER
N BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
N BLACK Y GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND P GILES Y McAULIFFE Y SCHOENBERG
N BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE
Y BURKE N HOEFT N MOFFITT Y SMITH
E 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
Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY N JONES,JOHN Y O'BRIEN N WAIT
N 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 N WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE E WOJCIK
Y DELGADO N KOSEL Y PERSICO Y WOOLARD
N DURKIN Y KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG E PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
6068 JOURNAL OF THE [May 26, 1999]
NO. 13
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 452
CIV PRO-QUICK TAKE-PROPERTY
ADOPT FIRST CONFERENCE COMMITTEE REPORT
ADOPTED
MAY 26, 1999
71 YEAS 42 NAYS 2 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER
Y 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 N GASH Y MATHIAS Y SAVIANO
N BLACK N GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE N SCHOENBERG
Y BOST Y GRANBERG N McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE P SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
N BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE
Y BURKE N HOEFT N MOFFITT Y SMITH
E 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 Y 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 N O'CONNOR N WINKEL
N DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE E WOJCIK
Y DELGADO N KOSEL Y PERSICO Y WOOLARD
Y DURKIN N KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG E PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER N REITZ P MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6069
NO. 14
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1125
HOUSING AUTHS-REDEVLPMNT GRANT
THIRD READING
PASSED
MAY 26, 1999
62 YEAS 51 NAYS 0 PRESENT
Y ACEVEDO N FOWLER Y LINDNER N RIGHTER
N BASSI N FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS N GASH Y MATHIAS Y SAVIANO
Y BLACK N GIGLIO A MAUTINO N SCHMITZ
N 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 Y HARRIS N MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI N HASSERT N MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT N MOFFITT Y SMITH
E CAPPARELLI N HOFFMAN Y MOORE N SOMMER
N COULSON N HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD N 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 Y NOVAK N TURNER,JOHN
Y CURRY N JONES,JOHN N O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU N O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING
A DAVIS,STEVE N KLINGLER N PARKE E WOJCIK
Y DELGADO N KOSEL Y PERSICO Y WOOLARD
Y DURKIN N KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG E PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
6070 JOURNAL OF THE [May 26, 1999]
NO. 15
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 26
CIV PRO-EMINENT DOMAIN-TECH
SECOND READING - AMENDMENT NO. 2
ADOPTED
MAY 26, 1999
61 YEAS 53 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER N LINDNER N RIGHTER
N BASSI Y FRANKS Y LOPEZ Y RONEN
N BEAUBIEN N FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER
N BIGGINS Y GASH N MATHIAS Y SAVIANO
N BLACK Y GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
N BOST Y GRANBERG Y McCARTHY Y SCOTT
P BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS N MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI N HASSERT N MITCHELL,JERRYN SLONE
Y BURKE N HOEFT N MOFFITT Y SMITH
E CAPPARELLI Y HOFFMAN N MOORE N SOMMER
N COULSON Y HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN Y STROGER
N CROSS N HULTGREN Y MURPHY N TENHOUSE
Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY N JONES,JOHN Y O'BRIEN N WAIT
N 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
Y DAVIS,STEVE N KLINGLER N PARKE E WOJCIK
Y DELGADO N KOSEL N PERSICO Y WOOLARD
Y DURKIN N KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG E PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6071
NO. 16
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 242
CONDO PROP-BRD ACTN-ATTNY FEES
ADOPT FIRST CONFERENCE COMMITTEE REPORT
ADOPTED
MAY 26, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
E 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 Y KLINGLER Y PARKE E WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG E PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
6072 JOURNAL OF THE [May 26, 1999]
NO. 17
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE RESOLUTION 336
ILLINOIS GROWTH TASK FORCE
ADOPTED
MAY 26, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
E 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 Y KLINGLER Y PARKE E WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG E PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6073
NO. 18
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 251
COOPERATIVE EXTEN-HEALTH INSUR
THIRD READING
PASSED
MAY 26, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
E 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 Y KLINGLER Y PARKE E WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG E PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
6074 JOURNAL OF THE [May 26, 1999]
NO. 19
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 55
PEN CD-DNST TCHR-EARLY RETMT
THIRD READING
PASSED
MAY 26, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
E 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 Y KLINGLER Y PARKE E WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG E PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6075
NO. 20
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 856
PEN CD-TECHNICAL
THIRD READING
PASSED
MAY 26, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
E 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 Y KLINGLER Y PARKE E WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG E PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
6076 JOURNAL OF THE [May 26, 1999]
NO. 21
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 956
ELECT CD-COMMISSIONERS TERMS
SECOND READING - AMENDMENT NO. 3
SHALL THE CHAIR BE SUSTAINED
PREVAILED
MAY 26, 1999
60 YEAS 55 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER N LINDNER N RIGHTER
N BASSI Y FRANKS Y LOPEZ Y RONEN
N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER
N BIGGINS Y GASH N MATHIAS N SAVIANO
N BLACK Y GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES N McAULIFFE Y SCHOENBERG
N BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS N MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI N HASSERT N MITCHELL,JERRYY SLONE
Y BURKE N HOEFT N MOFFITT Y SMITH
E CAPPARELLI Y HOFFMAN N MOORE N SOMMER
N COULSON Y HOLBROOK Y MORROW N STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN Y STROGER
N CROSS N HULTGREN Y MURPHY N TENHOUSE
Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY N JONES,JOHN Y O'BRIEN N WAIT
N DANIELS Y JONES,LOU N O'CONNOR N WINKEL
Y DART Y JONES,SHIRLEY N OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER N PANKAU N WIRSING
Y DAVIS,STEVE N KLINGLER N PARKE E WOJCIK
Y DELGADO N KOSEL N PERSICO Y WOOLARD
N DURKIN N KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG E PUGH N ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6077
NO. 22
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 956
ELECT CD-COMMISSIONERS TERMS
THIRD READING
PASSED
MAY 26, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
E 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 Y KLINGLER Y PARKE E WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG E PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
6078 JOURNAL OF THE [May 26, 1999]
NO. 23
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE BILL 1845
CUSTODY-GRANDPARENT VISITATION
ADOPT FIRST CONFERENCE COMMITTEE REPORT
ADOPTED
MAY 26, 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
E 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 Y KLINGLER Y PARKE E WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG E PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
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