STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
29TH LEGISLATIVE DAY
TUESDAY, MARCH 20, 2001
12:00 O'CLOCK NOON
NO. 29
[March 20, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 29th Legislative Day Action Page(s) Adjournment........................................ 149 Balanced Budget Note Requested..................... 9 Change of Sponsorship.............................. 10 Committee on Rules Referrals....................... 8 Fiscal Note Requested.............................. 8 Fiscal Notes Supplied.............................. 8 Home Rule Note Requested........................... 8 Judicial Note Requested............................ 9 Quorum Roll Call................................... 7 State Debt Note Supplied........................... 9 State Mandates Notes Requested..................... 8 State Mandates Notes Supplied...................... 8 Bill Number Legislative Action Page(s) HB 0009 Second Reading - Amendment/s....................... 16 HB 0027 Recall............................................. 15 HB 0030 Second Reading..................................... 16 HB 0039 Third Reading...................................... 12 HB 0050 Second Reading..................................... 16 HB 0058 Second Reading..................................... 16 HB 0123 Third Reading...................................... 12 HB 0136 Third Reading...................................... 14 HB 0158 Second Reading..................................... 18 HB 0173 Second Reading - Amendment/s....................... 18 HB 0183 Second Reading - Amendment/s....................... 18 HB 0185 Committee Report-Floor Amendment/s................. 7 HB 0190 Third Reading...................................... 14 HB 0221 Second Reading - Amendment/s....................... 19 HB 0223 Second Reading - Amendment/s....................... 21 HB 0241 Second Reading - Amendment/s....................... 33 HB 0246 Committee Report-Floor Amendment/s................. 7 HB 0253 Second Reading - Amendment/s....................... 21 HB 0267 Second Reading..................................... 16 HB 0269 Second Reading - Amendment/s....................... 34 HB 0294 Second Reading - Amendment/s....................... 39 HB 0296 Second Reading..................................... 16 HB 0306 Second Reading..................................... 16 HB 0334 Second Reading..................................... 16 HB 0376 Committee Report-Floor Amendment/s................. 7 HB 0376 Second Reading - Amendment/s....................... 47 HB 0390 Second Reading - Amendment/s....................... 39 HB 0400 Second Reading - Amendment/s....................... 40 HB 0417 Third Reading...................................... 13 HB 0438 Committee Report-Floor Amendment/s................. 7 HB 0438 Second Reading - Amendment/s....................... 40 HB 0440 Second Reading..................................... 16 HB 0445 Committee Report-Floor Amendment/s................. 7 HB 0445 Second Reading - Amendment/s....................... 41 HB 0446 Committee Report-Floor Amendment/s................. 7 HB 0448 Recall............................................. 15 HB 0452 Second Reading - Amendment/s....................... 42 HB 0453 Third Reading...................................... 13 HB 0473 Third Reading...................................... 14 HB 0509 Second Reading..................................... 16 HB 0513 Second Reading..................................... 16 HB 0538 Second Reading..................................... 16
3 [March 20, 2001] Bill Number Legislative Action Page(s) HB 0539 Second Reading - Amendment/s....................... 45 HB 0542 Second Reading..................................... 16 HB 0604 Committee Report-Floor Amendment/s................. 7 HB 0604 Second Reading - Amendment/s....................... 47 HB 0630 Third Reading...................................... 12 HB 0643 Third Reading...................................... 13 HB 0659 Second Reading - Amendment/s....................... 45 HB 0661 Second Reading - Amendment/s....................... 46 HB 0681 Second Reading - Amendment/s....................... 47 HB 0704 Second Reading..................................... 16 HB 0708 Second Reading..................................... 16 HB 0714 Second Reading..................................... 16 HB 0728 Second Reading..................................... 16 HB 0729 Second Reading..................................... 16 HB 0734 Second Reading..................................... 16 HB 0759 Third Reading...................................... 14 HB 0811 Second Reading - Amendment/s....................... 48 HB 0831 Second Reading - Amendment/s....................... 48 HB 0854 Recall............................................. 15 HB 0858 Second Reading - Amendment/s....................... 48 HB 0875 Third Reading...................................... 14 HB 0898 Recall............................................. 148 HB 0909 Second Reading - Amendment/s....................... 49 HB 0921 Committee Report-Floor Amendment/s................. 7 HB 0921 Motion Submitted................................... 8 HB 0932 Second Reading..................................... 16 HB 0942 Action on Motion................................... 16 HB 0977 Second Reading..................................... 16 HB 0984 Second Reading..................................... 16 HB 1004 Third Reading...................................... 15 HB 1006 Second Reading - Amendment/s....................... 54 HB 1008 Recall............................................. 15 HB 1021 Second Reading..................................... 16 HB 1028 Second Reading..................................... 16 HB 1031 Third Reading...................................... 12 HB 1039 Committee Report-Floor Amendment/s................. 7 HB 1040 Committee Report-Floor Amendment/s................. 7 HB 1046 Committee Report-Floor Amendment/s................. 7 HB 1046 Second Reading - Amendment/s....................... 49 HB 1064 Second Reading - Amendment/s....................... 49 HB 1066 Second Reading - Amendment/s....................... 52 HB 1081 Committee Report-Floor Amendment/s................. 7 HB 1087 Third Reading...................................... 14 HB 1094 Second Reading - Amendment/s....................... 60 HB 1700 Second Reading..................................... 16 HB 1713 Committee Report-Floor Amendment/s................. 7 HB 1717 Second Reading..................................... 16 HB 1741 Second Reading..................................... 61 HB 1750 Second Reading..................................... 16 HB 1765 Second Reading..................................... 16 HB 1776 Recall............................................. 15 HB 1785 Third Reading...................................... 13 HB 1807 Committee Report-Floor Amendment/s................. 7 HB 1807 Second Reading - Amendment/s....................... 61 HB 1812 Second Reading - Amendment/s....................... 66 HB 1813 Second Reading..................................... 16 HB 1820 Committee Report-Floor Amendment/s................. 7 HB 1848 Second Reading..................................... 16 HB 1869 Second Reading..................................... 61 HB 1903 Third Reading...................................... 13 HB 1915 Second Reading - Amendment/s....................... 125 HB 1918 Second Reading..................................... 16 HB 1920 Committee Report-Floor Amendment/s................. 7 HB 1923 Second Reading - Amendment/s....................... 61
[March 20, 2001] 4 Bill Number Legislative Action Page(s) HB 1932 Committee Report-Floor Amendment/s................. 7 HB 1932 Second Reading - Amendment/s....................... 62 HB 1941 Second Reading..................................... 16 HB 1942 Second Reading..................................... 16 HB 1945 Second Reading..................................... 16 HB 1958 Second Reading..................................... 16 HB 1961 Second Reading - Amendment/s....................... 62 HB 1965 Second Reading..................................... 16 HB 1973 Second Reading..................................... 16 HB 1980 Second Reading..................................... 16 HB 1982 Second Reading..................................... 16 HB 1986 Second Reading..................................... 16 HB 1991 Action on Motion................................... 16 HB 2009 Second Reading..................................... 16 HB 2011 Second Reading - Amendment/s....................... 62 HB 2019 Second Reading..................................... 16 HB 2025 Second Reading..................................... 16 HB 2027 Second Reading - Amendment/s....................... 65 HB 2054 Second Reading - Amendment/s....................... 66 HB 2058 Second Reading..................................... 16 HB 2091 Committee Report-Floor Amendment/s................. 7 HB 2091 Second Reading - Amendment/s....................... 69 HB 2099 Second Reading - Amendment/s....................... 71 HB 2108 Second Reading..................................... 16 HB 2111 Committee Report-Floor Amendment/s................. 7 HB 2113 Second Reading..................................... 16 HB 2141 Second Reading..................................... 16 HB 2143 Committee Report-Floor Amendment/s................. 7 HB 2143 Second Reading - Amendment/s....................... 98 HB 2155 Second Reading..................................... 16 HB 2157 Second Reading - Amendment/s....................... 98 HB 2176 Second Reading..................................... 16 HB 2199 Second Reading..................................... 16 HB 2247 Second Reading..................................... 16 HB 2255 Third Reading...................................... 15 HB 2258 Second Reading..................................... 16 HB 2268 Second Reading..................................... 16 HB 2270 Second Reading..................................... 16 HB 2276 Recall............................................. 15 HB 2294 Second Reading..................................... 16 HB 2295 Second Reading..................................... 16 HB 2295 Second Reading..................................... 16 HB 2299 Second Reading..................................... 16 HB 2299 Second Reading..................................... 16 HB 2300 Second Reading..................................... 16 HB 2314 Second Reading..................................... 16 HB 2314 Second Reading..................................... 16 HB 2315 Second Reading - Amendment/s....................... 101 HB 2367 Second Reading - Amendment/s....................... 101 HB 2370 Second Reading - Amendment/s....................... 111 HB 2375 Second Reading..................................... 16 HB 2375 Second Reading..................................... 16 HB 2378 Second Reading..................................... 16 HB 2378 Second Reading..................................... 16 HB 2380 Third Reading...................................... 13 HB 2384 Recall............................................. 15 HB 2390 Committee Report-Floor Amendment/s................. 7 HB 2398 Third Reading...................................... 12 HB 2412 Second Reading - Amendment/s....................... 114 HB 2431 Second Reading - Amendment/s....................... 114 HB 2436 Third Reading...................................... 14 HB 2438 Second Reading..................................... 16 HB 2438 Second Reading..................................... 16 HB 2453 Second Reading..................................... 16
5 [March 20, 2001] Bill Number Legislative Action Page(s) HB 2453 Second Reading..................................... 16 HB 2463 Second Reading..................................... 16 HB 2463 Second Reading..................................... 16 HB 2511 Second Reading..................................... 16 HB 2518 Committee Report-Floor Amendment/s................. 7 HB 2519 Committee Report-Floor Amendment/s................. 7 HB 2528 Third Reading...................................... 15 HB 2532 Second Reading..................................... 16 HB 2567 Committee Report-Floor Amendment/s................. 7 HB 2567 Second Reading - Amendment/s....................... 115 HB 2994 Second Reading - Amendment/s....................... 115 HB 3006 Second Reading..................................... 16 HB 3012 Second Reading..................................... 16 HB 3013 Second Reading..................................... 16 HB 3016 Third Reading...................................... 13 HB 3017 Second Reading - Amendment/s....................... 119 HB 3036 Second Reading..................................... 16 HB 3048 Committee Report-Floor Amendment/s................. 7 HB 3054 Second Reading - Amendment/s....................... 124 HB 3055 Second Reading..................................... 16 HB 3068 Second Reading..................................... 16 HB 3073 Second Reading..................................... 16 HB 3078 Second Reading..................................... 16 HB 3094 Second Reading - Amendment/s....................... 143 HB 3098 Second Reading - Amendment/s....................... 127 HB 3099 Second Reading..................................... 16 HB 3103 Second Reading..................................... 16 HB 3105 Second Reading - Amendment/s....................... 127 HB 3115 Second Reading..................................... 16 HB 3116 Second Reading..................................... 16 HB 3118 Second Reading - Amendment/s....................... 128 HB 3135 Second Reading..................................... 16 HB 3136 Second Reading - Amendment/s....................... 128 HB 3140 Second Reading..................................... 143 HB 3142 Second Reading..................................... 16 HB 3145 Second Reading..................................... 16 HB 3159 Second Reading..................................... 16 HB 3163 Second Reading - Amendment/s....................... 146 HB 3172 Second Reading - Amendment/s....................... 143 HB 3192 Second Reading - Amendment/s....................... 147 HB 3209 Second Reading..................................... 16 HB 3210 Committee Report-Floor Amendment/s................. 7 HB 3214 Second Reading..................................... 16 HB 3262 Second Reading..................................... 16 HB 3305 Second Reading..................................... 16 HB 3311 Second Reading..................................... 16 HB 3314 Second Reading..................................... 16 HB 3318 Committee Report-Floor Amendment/s................. 7 HB 3318 Second Reading - Amendment/s....................... 144 HB 3319 Committee Report-Floor Amendment/s................. 7 HB 3319 Second Reading - Amendment/s....................... 145 HB 3327 Second Reading..................................... 16 HB 3335 Second Reading..................................... 16 HB 3336 Second Reading - Amendment/s....................... 145 HB 3349 Second Reading..................................... 16 HB 3563 Second Reading - Amendment/s....................... 145 HB 3565 Second Reading..................................... 16 HB 3574 Second Reading..................................... 16 HB 3575 Second Reading..................................... 16 HB 3576 Second Reading..................................... 16 HR 0124 Committee Report................................... 7 SB 0037 First Reading...................................... 148 SB 0101 Senate Message - Passage of Senate Bill............ 10 SB 0265 First Reading...................................... 148
[March 20, 2001] 6 Bill Number Legislative Action Page(s) SB 0265 Senate Message - Passage of Senate Bill............ 10 SB 0275 First Reading...................................... 148 SB 0275 Senate Message - Passage of Senate Bill............ 10 SB 0289 First Reading...................................... 148 SB 0289 Senate Message - Passage of Senate Bill............ 10 SB 0394 Senate Message - Passage of Senate Bill............ 10 SB 0396 First Reading...................................... 148 SB 0396 Senate Message - Passage of Senate Bill............ 10 SB 0433 Senate Message - Passage of Senate Bill............ 10 SB 0487 Senate Message - Passage of Senate Bill............ 10 SB 0504 Senate Message - Passage of Senate Bill............ 10 SB 0547 Senate Message - Passage of Senate Bill............ 10 SB 0574 Senate Message - Passage of Senate Bill............ 10 SB 0661 First Reading...................................... 148 SB 0661 Senate Message - Passage of Senate Bill............ 10 SB 0683 First Reading...................................... 148 SB 0683 Senate Message - Passage of Senate Bill............ 10 SB 0761 Senate Message - Passage of Senate Bill............ 10 SB 0787 First Reading...................................... 148 SB 0787 Senate Message - Passage of Senate Bill............ 10 SB 0838 Senate Message - Passage of Senate Bill............ 10 SB 0840 Senate Message - Passage of Senate Bill............ 10 SB 0842 Senate Message - Passage of Senate Bill............ 10 SB 0849 Senate Message - Passage of Senate Bill............ 10 SB 0861 Senate Message - Passage of Senate Bill............ 10 SB 0865 Senate Message - Passage of Senate Bill............ 10 SB 0874 Senate Message - Passage of Senate Bill............ 10 SB 0898 Senate Message - Passage of Senate Bill............ 10 SB 1026 Senate Message - Passage of Senate Bill............ 10 SB 1097 Senate Message - Passage of Senate Bill............ 10
7 [March 20, 2001] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by LeeArthur Crawford, Assistant Pastor with the Victory Temple Church in Springfield, Illinois. Representative Hassert 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: 114 present. (ROLL CALL 1) By unanimous consent, Representatives Morrow, Scott, Stephens and Winters were excused from attendance. REQUEST TO BE SHOWN ON QUORUM Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Mulligan, should be recorded as present. REPORTS FROM THE COMMITTEE ON RULES 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 resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 124. That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to HOUSE BILL 185. Amendment No. 1 to HOUSE BILL 246. Amendment No. 1 to HOUSE BILL 376. Amendment No. 2 to HOUSE BILL 438. Amendment No. 4 to HOUSE BILL 445. Amendment No. 2 to HOUSE BILL 446. Amendment No. 2 to HOUSE BILL 604. Amendment No. 2 to HOUSE BILL 921. Amendment No. 1 to HOUSE BILL 1039. Amendment No. 2 to HOUSE BILL 1040. Amendment No. 1 to HOUSE BILL 1046. Amendment No. 2 to HOUSE BILL 1081. Amendment No. 1 to HOUSE BILL 1713. Amendment No. 1 to HOUSE BILL 1807. Amendment No. 1 to HOUSE BILL 1820. Amendment No. 1 to HOUSE BILL 1920. Amendment No. 1 to HOUSE BILL 1932. Amendment No. 1 to HOUSE BILL 2091. Amendment No. 1 to HOUSE BILL 2111. Amendment No. 1 to HOUSE BILL 2143. Amendment No. 1 to HOUSE BILL 2390. Amendment No. 1 to HOUSE BILL 2518. Amendment No. 1 to HOUSE BILL 2519. Amendment No. 1 to HOUSE BILL 2567. Amendment No. 1 to HOUSE BILL 3048. Amendment No. 2 to HOUSE BILL 3210. Amendment No. 1 to HOUSE BILL 3318. Amendment No. 1 to HOUSE BILL 3319. The committee roll call vote on the foregoing legislative measures is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder Y Hannig Y Tenhouse, Spkpn Y Turner, Art
[March 20, 2001] 8 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 Consumer Protection: HOUSE RESOLUTION 102. Committee on Executive: House Amendment 2 to HOUSE BILL 3188. Special Committee on Judiciary I-Civil Law: House Amendment 2 to HOUSE BILL 2026. Committee on State Government Administration: HOUSE RESOLUTION 67. MOTIONS SUBMITTED Representative Pankau submitted the following written motion, which was placed in the Committee on Rules: MOTION I move to table Amendment No. 1 to HOUSE BILL 921. REQUEST FOR FISCAL NOTE Representative Osterman requested that a Fiscal Note be supplied for HOUSE BILL 2527. Representative Black requested that Fiscal Notes be supplied for HOUSE BILLS 426, as amended, 1999, 2381, 3146, 3184, 3280 and 3618. Representative Cowlishaw requested that a Fiscal Note be supplied for HOUSE BILL 268. FISCAL NOTES SUPPLIED Fiscal Notes have been supplied for HOUSE BILLS 46, as amended, 242, 577, 690, 852, 945, 1738, 1765, 1788, 1864, 1984, 2046, 2201, 2382, 2390, 3084, 3137, 3283 and 3395. REQUEST FOR STATE MANDATES NOTES Representative Black requested that State Mandates Notes be supplied for HOUSE BILLS 1741, 1921, 1999, 2381, 3146, 3184, 3280 and 3618. Representative Cowlishaw requested that a State Mandates Note be supplied for HOUSE BILL 268. STATE MANDATES NOTES SUPPLIED State Mandates Notes have been supplied for HOUSE BILLS 242, 2201 and 3137. REQUEST FOR HOME RULE NOTE Representative Osterman requested that a Home Rule Note be supplied for HOUSE BILL 942. Representative Black requested that a Home Rule Note be supplied for HOUSE BILL 2381.
9 [March 20, 2001] REQUEST FOR JUDICIAL NOTE Representative Black requested that Judicial Notes be supplied for HOUSE BILLS 426, as amended and 3146. REQUEST FOR BALANCED BUDGET NOTE Representative Cowlishaw requested that a Balanced Budget Note be supplied for HOUSE BILL 268. STATE DEBT NOTE SUPPLIED State Debt Notes have been supplied for HOUSE BILLS 732 and 3521. 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 passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 101 A bill for AN ACT concerning public funds. SENATE BILL NO. 265 A bill for AN ACT concerning criminal law. SENATE BILL NO. 275 A bill for AN ACT in relation to highways. SENATE BILL NO. 289 A bill for AN ACT concerning the regulation of professions. SENATE BILL NO. 394 A bill for AN ACT concerning environmental protection. SENATE BILL NO. 396 A bill for AN ACT concerning guide dogs. SENATE BILL NO. 433 A bill for AN ACT concerning family law. SENATE BILL NO. 487 A bill for AN ACT concerning schools. SENATE BILL NO. 504 A bill for AN ACT concerning vehicles. SENATE BILL NO. 547 A bill for AN ACT concerning vehicles. SENATE BILL NO. 574 A bill for AN ACT in relation to taxes. SENATE BILL NO. 661 A bill for AN ACT in relation to families. SENATE BILL NO. 683 A bill for AN ACT concerning public utilities. SENATE BILL NO. 761
[March 20, 2001] 10 A bill for AN ACT concerning taxes. Passed by the Senate, March 20, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 101, 265, 275, 289, 394, 396, 433, 487, 504, 547, 574, 661, 683 and 761 were ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 787 A bill for AN ACT concerning disaster volunteers. SENATE BILL NO. 838 A bill for AN ACT in relation to child care. SENATE BILL NO. 840 A bill for AN ACT concerning minors. SENATE BILL NO. 842 A bill for AN ACT concerning children and family services. SENATE BILL NO. 849 A bill for AN ACT concerning the Comprehensive Health Insurance Plan. SENATE BILL NO. 861 A bill for AN ACT in relation to environmental matters. SENATE BILL NO. 865 A bill for AN ACT concerning insurance. SENATE BILL NO. 874 A bill for AN ACT concerning hunting. SENATE BILL NO. 898 A bill for AN ACT concerning schools. SENATE BILL NO. 1026 A bill for AN ACT relating to schools. SENATE BILL NO. 1097 A bill for AN ACT in relation to minors. Passed by the Senate, March 20, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 787, 838, 840, 842, 849, 861, 865, 874, 898, 1026 and 1097 were ordered printed and to a First Reading. CHANGE OF SPONSORSHIP Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Cowlishaw asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1297.
11 [March 20, 2001] Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Brosnahan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2265. Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Brosnahan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2266. Representative Curry asked and obtained unanimous consent to be removed as chief sponsor and Representative Shirley Jones asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3149. Representative Saviano asked and obtained unanimous consent to be removed as chief sponsor and Representative Wait asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 752. Representative Saviano asked and obtained unanimous consent to be removed as chief sponsor and Representative McAuliffe asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 889. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Moore asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1154. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Leitch asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1194. Representative Jerry Mitchell asked and obtained unanimous consent to be removed as chief sponsor and Representative Hoeft asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1712. Representative Saviano asked and obtained unanimous consent to be removed as chief sponsor and Representative McAuliffe asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2247. Representative Saviano asked and obtained unanimous consent to be removed as chief sponsor and Representative Wait asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2463. Representative Jerry Mitchell asked and obtained unanimous consent to be removed as chief sponsor and Representative Myers asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2472. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Zickus asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3544. Representative O'Brien asked and obtained unanimous consent to be removed as chief sponsor and Representative Steve Davis asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 201. Representative Hoffman asked and obtained unanimous consent to be removed as chief sponsor and Representative Bradley asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1041. Representative Brosnahan asked and obtained unanimous consent to be removed as chief sponsor and Representative O'Brien asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2266. Representative Saviano asked and obtained unanimous consent to be removed as chief sponsor and Representative Wojcik asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3049. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Brady asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3380. Representative Saviano asked and obtained unanimous consent to be removed as chief sponsor and Representative Ryan asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2148. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Bassi asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1302. Representative Daniels asked and obtained unanimous consent to be
[March 20, 2001] 12 removed as chief sponsor and Representative John Turner asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2481. Representative Feigenholtz asked and obtained unanimous consent to be removed as chief sponsor and Representative May asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 312. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Poe asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3239. Representative Hoffman asked and obtained unanimous consent to be removed as chief sponsor and Representative Osmond asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3563. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Poe, HOUSE BILL 39 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 2) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Bellock, HOUSE BILL 123 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: 111, Yeas; 2, Nays; 0, Answering Present. (ROLL CALL 3) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative McGuire, HOUSE BILL 2398 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: 86, Yeas; 25, Nays; 0, Answering Present. (ROLL CALL 4) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Krause, HOUSE BILL 1031 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 5) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Crotty, HOUSE BILL 630 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: 67, Yeas; 45, Nays; 0, Answering Present.
13 [March 20, 2001] (ROLL CALL 6) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Bassi, HOUSE BILL 3016 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: 104, Yeas; 7, Nays; 0, Answering Present. (ROLL CALL 7) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Garrett, HOUSE BILL 1785 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 112, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 8) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Eileen Lyons, HOUSE BILL 453 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 9) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Forby, HOUSE BILL 417 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: 89, Yeas; 24, Nays; 0, Answering Present. (ROLL CALL 10) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Schmitz, HOUSE BILL 2380 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 11) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Ryan, HOUSE BILL 643 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 112, Yeas; 1, Nays; 0, Answering Present. (ROLL CALL 12) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Osmond, HOUSE BILL 1903 was taken up
[March 20, 2001] 14 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: 111, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 13) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Hoeft, HOUSE BILL 190 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: 110, Yeas; 1, Nays; 1, Answering Present. (ROLL CALL 14) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Erwin, HOUSE BILL 875 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: 78, Yeas; 34, Nays; 0, Answering Present. (ROLL CALL 15) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Lindner, HOUSE BILL 2436 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 112, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 16) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Persico, HOUSE BILL 759 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: 111, Yeas; 1, Nays; 0, Answering Present. (ROLL CALL 17) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Acevedo, HOUSE BILL 473 was taken up and read by title a third time. And the question being, "Shall this bill pass?". Pending the vote on said bill, on motion of Representative Acevedo, further consideration of HOUSE BILL 473 was postponed. On motion of Representative Leitch, HOUSE BILL 1087 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: 111, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 18) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Schoenberg, HOUSE BILL 136 was taken up
15 [March 20, 2001] 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: 96, Yeas; 10, Nays; 7, Answering Present. (ROLL CALL 19) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Bost, HOUSE BILL 2528 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 20) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Flowers, HOUSE BILL 1004 was taken up and read by title a third time. And the question being, "Shall this bill pass?". Pending the vote on said bill, on motion of Representative Flowers, further consideration of HOUSE BILL 1004 was postponed. On motion of Representative Hoffman, HOUSE BILL 2255 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 99, Yeas; 12, Nays; 0, Answering Present. (ROLL CALL 21) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. RECALLS By unanimous consent, on motion of Representative Beaubien, HOUSE BILL 854 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Black, HOUSE BILL 27 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Soto, HOUSE BILL 2384 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Acevedo, HOUSE BILL 448 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Ryder, HOUSE BILL 2276 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Poe, HOUSE BILL 1008 was recalled from the order of Third Reading to the order of Second Reading and held on that order. By unanimous consent, on motion of Representative Rutherford, HOUSE BILL 1776 was recalled from the order of Third Reading to the order of Second Reading and held on that order.
[March 20, 2001] 16 ACTION ON MOTIONS Representative Moore asked and obtained unanimous consent to recommit HOUSE BILLS 942 and 1991 to the Committee on Rules. HOUSE BILLS ON SECOND READING Having been printed, the following bills were taken up, read by title a second time and advanced to the order of Third Reading: HOUSE BILLS 30, 50, 58, 267, 296, 306, 334, 440, 509, 513, 538, 542, 704, 708, 714, 728, 729, 734, 932, 977, 984, 1021, 1028, 1700, 1717, 1750, 1765, 1813, 1848, 1918, 1941, 1942, 1945, 1958, 1965, 1973, 1980, 1982, 1986, 2009, 2019, 2025, 2058, 2108, 2113, 2141, 2155, 2176, 2199, 2247, 2258, 2268, 2270, 2294, 2295, 2295, 2299, 2299, 2300, 2314, 2314, 2375, 2375, 2378, 2378, 2438, 2438, 2453, 2453, 2463, 2463, 2511, 2532, 3006, 3012, 3013, 3036, 3055, 3068, 3073, 3078, 3099, 3103, 3115, 3116, 3135, 3142, 3145, 3159, 3209, 3214, 3262, 3305, 3311, 3314, 3327, 3335, 3349, 3565, 3574, 3575 and 3576. HOUSE BILL 9. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 9 AMENDMENT NO. 1. Amend House Bill 9 by replacing the title with the following: "AN ACT in relation to criminal law."; and by replacing everything after the enacting clause with the following: "Section 5. The State Finance Act is amended by adding Section 5.545 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. The Children's Advocacy Center Services Fund. Section 10. The Unified Code of Corrections is amended by changing Sections 5-9-1.5 and 5-9-1.7 as follows: (730 ILCS 5/5-9-1.5) (from Ch. 38, par. 1005-9-1.5) Sec. 5-9-1.5. Domestic violence fine. In addition to any other penalty imposed, a fine of not less than $300 and not more than $1,000
17 [March 20, 2001] circuit clerk shall remit each fine within one month of its receipt to the State Treasurer for deposit as follows: (i) for sexual assault, as defined in Section 5-9-1.7, when the offender and victim are family members, one-third
[March 20, 2001] 18 Assault Services Fund, the Department of Human Services
19 [March 20, 2001] Sec. 18-157. Apportionment; tax objections; court decisions; adjustments of levies and refunds to tax objectors. If a court, in any tax objection based on the apportionment of an overlapping taxing district under Section 18-155, for any year prior to the year of the effective date of this amendatory Act of the 92nd General Assembly, enters a final judgment that there was an over extension or under extension of taxes for an overlapping taxing district based on the apportionment under Section 18-155 for the year for which the objection was filed, the county clerks of each county in which there was an under extension shall proportionately increase the levy of that taxing district by an amount specified in the court order in that county in the subsequent year or in any subsequent year following the final judgment of the court. The increase in the levy, when extended, shall be set forth as a separate item on the tax bills of affected taxpayers. Notwithstanding any other provision of law, the increase in the levy and the extension thereof shall not be subject to any limitations on levies or extensions imposed by the School Code or this Code. The funds collected pursuant to a levy increase authorized by this Section shall be delivered to the county collector of each county in which there was an over extension for distribution to the tax objectors in accordance with the court order. No person who, under any other provision of this Code, has received any payment in satisfaction of a tax objection based in whole or in part on apportionment under Section 18-155 may receive any payment under this Section in satisfaction of a tax objection based in whole or in part on apportionment under Section 18-155. Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 221. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 221 AMENDMENT NO. 1. Amend House Bill 221 by replacing everything after the enacting clause with the following: "Section 5. The Criminal Code of 1961 is amended by changing Section 11-21 as follows: (720 ILCS 5/11-21) (from Ch. 38, par. 11-21) Sec. 11-21. Harmful material. (a) Elements of the Offense. A person who, with knowledge that a person is a child, that is a person under 18 years of age, or who fails to exercise reasonable care in ascertaining the true age of a child, knowingly distributes to or sends or causes to be sent to, or exhibits to, or offers to distribute or exhibit any harmful material to a child, is guilty of a misdemeanor. (a-5) A person who, by means of a computer, intentionally distributes any harmful material to a specific individual actually known to him or her to be a child under 18 years of age and the known child was intended by the distributor to receive the harmful material is guilty of a Class A misdemeanor. (b) Definitions. In this Section: (1) Material is harmful if, to the average person, applying contemporary standards, its predominant appeal, taken as a whole, is to prurient interest, that is a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters, and is material the redeeming social importance of which is substantially less than its prurient appeal.
[March 20, 2001] 20 (2) Material
21 [March 20, 2001] guilty of a Class B misdemeanor under the laws of the State of Illinois." (f) Child Falsifying Age. Any person under 18 years of age who falsely states, either orally or in writing, that he is not under the age of 18 years, or who presents or offers to any person any evidence of age and identity which is false or not actually his own for the purpose of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material, is guilty of a Class B misdemeanor. (Source: P.A. 77-2638.)". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 223. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 223 AMENDMENT NO. 1. Amend House Bill 223 on page 1, line 10, by replacing "organization, or its" with "organization that on December 31, 1926 had its national headquarters in Illinois or that was chartered in Illinois in July of 1896, or its". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 253. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Appropriations-Elementary & Secondary Education, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 253 AMENDMENT NO. 1. Amend House Bill 253 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Section 18-8.05 as follows: (105 ILCS 5/18-8.05) Sec. 18-8.05. Basis for apportionment of general State financial aid and supplemental general State aid to the common schools for the 1998-1999 and subsequent school years. (A) General Provisions. (1) The provisions of this Section apply to the 1998-1999 and subsequent school years. The system of general State financial aid provided for in this Section is designed to assure that, through a combination of State financial aid and required local resources, the financial support provided each pupil in Average Daily Attendance equals or exceeds a prescribed per pupil Foundation Level. This formula approach imputes a level of per pupil Available Local Resources and provides for the basis to calculate a per pupil level of general State financial aid that, when added to Available Local Resources, equals or exceeds the Foundation Level. The amount of per pupil general State financial aid for school districts, in general, varies in inverse relation to Available Local Resources. Per pupil amounts are based upon each school district's Average Daily Attendance as that term is defined in this Section. (2) In addition to general State financial aid, school districts with specified levels or concentrations of pupils from low income households are eligible to receive supplemental general State financial
[March 20, 2001] 22 aid grants as provided pursuant to subsection (H). The supplemental State aid grants provided for school districts under subsection (H) shall be appropriated for distribution to school districts as part of the same line item in which the general State financial aid of school districts is appropriated under this Section. (3) To receive financial assistance under this Section, school districts are required to file claims with the State Board of Education, subject to the following requirements: (a) Any school district which fails for any given school year to maintain school as required by law, or to maintain a recognized school is not eligible to file for such school year any claim upon the Common School Fund. In case of nonrecognition of one or more attendance centers in a school district otherwise operating recognized schools, the claim of the district shall be reduced in the proportion which the Average Daily Attendance in the attendance center or centers bear to the Average Daily Attendance in the school district. A "recognized school" means any public school which meets the standards as established for recognition by the State Board of Education. A school district or attendance center not having recognition status at the end of a school term is entitled to receive State aid payments due upon a legal claim which was filed while it was recognized. (b) School district claims filed under this Section are subject to Sections 18-9, 18-10, and 18-12, except as otherwise provided in this Section. (c) If a school district operates a full year school under Section 10-19.1, the general State aid to the school district shall be determined by the State Board of Education in accordance with this Section as near as may be applicable. (d) (Blank). (4) Except as provided in subsections (H) and (L), the board of any district receiving any of the grants provided for in this Section may apply those funds to any fund so received for which that board is authorized to make expenditures by law. School districts are not required to exert a minimum Operating Tax Rate in order to qualify for assistance under this Section. (5) As used in this Section the following terms, when capitalized, shall have the meaning ascribed herein: (a) "Average Daily Attendance": A count of pupil attendance in school, averaged as provided for in subsection (C) and utilized in deriving per pupil financial support levels. (b) "Available Local Resources": A computation of local financial support, calculated on the basis of Average Daily Attendance and derived as provided pursuant to subsection (D). (c) "Corporate Personal Property Replacement Taxes": Funds paid to local school districts pursuant to "An Act in relation to the abolition of ad valorem personal property tax and the replacement of revenues lost thereby, and amending and repealing certain Acts and parts of Acts in connection therewith", certified August 14, 1979, as amended (Public Act 81-1st S.S.-1). (d) "Foundation Level": A prescribed level of per pupil financial support as provided for in subsection (B). (e) "Operating Tax Rate": All school district property taxes extended for all purposes, except Bond and Interest, Summer School, Rent, Capital Improvement, and Vocational Education Building purposes. (B) Foundation Level. (1) The Foundation Level is a figure established by the State representing the minimum level of per pupil financial support that should be available to provide for the basic education of each pupil in Average Daily Attendance. As set forth in this Section, each school district is assumed to exert a sufficient local taxing effort such that, in combination with the aggregate of general State financial aid provided the district, an aggregate of State and local resources are available to meet the basic education needs of pupils in the district. (2) For the 1998-1999 school year, the Foundation Level of support
23 [March 20, 2001] is $4,225. For the 1999-2000 school year, the Foundation Level of support is $4,325. For the 2000-2001 school year, the Foundation Level of support is $4,425. (3) For the 2001-2002 school year and each school year thereafter, the Foundation Level of support is $4,425 or such greater amount as may be established by law by the General Assembly. (C) Average Daily Attendance. (1) For purposes of calculating general State aid pursuant to subsection (E), an Average Daily Attendance figure shall be utilized. The Average Daily Attendance figure for formula calculation purposes shall be the monthly average of the actual number of pupils in attendance of each school district, as further averaged for the best 3 months of pupil attendance for each school district. In compiling the figures for the number of pupils in attendance, school districts and the State Board of Education shall, for purposes of general State aid funding, conform attendance figures to the requirements of subsection (F). (2) The Average Daily Attendance figures utilized in subsection (E) shall be the requisite attendance data for the school year immediately preceding the school year for which general State aid is being calculated. (D) Available Local Resources. (1) For purposes of calculating general State aid pursuant to subsection (E), a representation of Available Local Resources per pupil, as that term is defined and determined in this subsection, shall be utilized. Available Local Resources per pupil shall include a calculated dollar amount representing local school district revenues from local property taxes and from Corporate Personal Property Replacement Taxes, expressed on the basis of pupils in Average Daily Attendance. (2) In determining a school district's revenue from local property taxes, the State Board of Education shall utilize the equalized assessed valuation of all taxable property of each school district as of September 30 of the previous year. The equalized assessed valuation utilized shall be obtained and determined as provided in subsection (G). (3) For school districts maintaining grades kindergarten through 12, local property tax revenues per pupil shall be calculated as the product of the applicable equalized assessed valuation for the district multiplied by 3.00%, and divided by the district's Average Daily Attendance figure. For school districts maintaining grades kindergarten through 8, local property tax revenues per pupil shall be calculated as the product of the applicable equalized assessed valuation for the district multiplied by 2.30%, and divided by the district's Average Daily Attendance figure. For school districts maintaining grades 9 through 12, local property tax revenues per pupil shall be the applicable equalized assessed valuation of the district multiplied by 1.05%, and divided by the district's Average Daily Attendance figure. (4) The Corporate Personal Property Replacement Taxes paid to each school district during the calendar year 2 years before the calendar year in which a school year begins, divided by the Average Daily Attendance figure for that district, shall be added to the local property tax revenues per pupil as derived by the application of the immediately preceding paragraph (3). The sum of these per pupil figures for each school district shall constitute Available Local Resources as that term is utilized in subsection (E) in the calculation of general State aid. (E) Computation of General State Aid. (1) For each school year, the amount of general State aid allotted to a school district shall be computed by the State Board of Education as provided in this subsection. (2) For any school district for which Available Local Resources per pupil is less than the product of 0.93 times the Foundation Level, general State aid for that district shall be calculated as an amount equal to the Foundation Level minus Available Local Resources,
[March 20, 2001] 24 multiplied by the Average Daily Attendance of the school district. (3) For any school district for which Available Local Resources per pupil is equal to or greater than the product of 0.93 times the Foundation Level and less than the product of 1.75 times the Foundation Level, the general State aid per pupil shall be a decimal proportion of the Foundation Level derived using a linear algorithm. Under this linear algorithm, the calculated general State aid per pupil shall decline in direct linear fashion from 0.07 times the Foundation Level for a school district with Available Local Resources equal to the product of 0.93 times the Foundation Level, to 0.05 times the Foundation Level for a school district with Available Local Resources equal to the product of 1.75 times the Foundation Level. The allocation of general State aid for school districts subject to this paragraph 3 shall be the calculated general State aid per pupil figure multiplied by the Average Daily Attendance of the school district. (4) For any school district for which Available Local Resources per pupil equals or exceeds the product of 1.75 times the Foundation Level, the general State aid for the school district shall be calculated as the product of $218 multiplied by the Average Daily Attendance of the school district. (5) The amount of general State aid allocated to a school district for the 1999-2000 school year meeting the requirements set forth in paragraph (4) of subsection (G) shall be increased by an amount equal to the general State aid that would have been received by the district for the 1998-1999 school year by utilizing the Extension Limitation Equalized Assessed Valuation as calculated in paragraph (4) of subsection (G) less the general State aid allotted for the 1998-1999 school year. This amount shall be deemed a one time increase, and shall not affect any future general State aid allocations. (F) Compilation of Average Daily Attendance. (1) Each school district shall, by July 1 of each year, submit to the State Board of Education, on forms prescribed by the State Board of Education, attendance figures for the school year that began in the preceding calendar year. The attendance information so transmitted shall identify the average daily attendance figures for each month of the school year, except that any days of attendance in August shall be added to the month of September and any days of attendance in June shall be added to the month of May. Except as otherwise provided in this Section, days of attendance by pupils shall be counted only for sessions of not less than 5 clock hours of school work per day under direct supervision of: (i) teachers, or (ii) non-teaching personnel or volunteer personnel when engaging in non-teaching duties and supervising in those instances specified in subsection (a) of Section 10-22.34 and paragraph 10 of Section 34-18, with pupils of legal school age and in kindergarten and grades 1 through 12. Days of attendance by tuition pupils shall be accredited only to the districts that pay the tuition to a recognized school. (2) Days of attendance by pupils of less than 5 clock hours of school shall be subject to the following provisions in the compilation of Average Daily Attendance. (a) Pupils regularly enrolled in a public school for only a part of the school day may be counted on the basis of 1/6 day for every class hour of instruction of 40 minutes or more attended pursuant to such enrollment. (b) Days of attendance may be less than 5 clock hours on the opening and closing of the school term, and upon the first day of pupil attendance, if preceded by a day or days utilized as an institute or teachers' workshop. (c) A session of 4 or more clock hours may be counted as a day of attendance upon certification by the regional superintendent, and approved by the State Superintendent of Education to the extent that the district has been forced to use daily multiple sessions. (d) A session of 3 or more clock hours may be counted as a day of attendance (1) when the remainder of the school day or at
25 [March 20, 2001] least 2 hours in the evening of that day is utilized for an in-service training program for teachers, up to a maximum of 5 days per school year of which a maximum of 4 days of such 5 days may be used for parent-teacher conferences, provided a district conducts an in-service training program for teachers which has been approved by the State Superintendent of Education; or, in lieu of 4 such days, 2 full days may be used, in which event each such day may be counted as a day of attendance; and (2) when days in addition to those provided in item (1) are scheduled by a school pursuant to its school improvement plan adopted under Article 34 or its revised or amended school improvement plan adopted under Article 2, provided that (i) such sessions of 3 or more clock hours are scheduled to occur at regular intervals, (ii) the remainder of the school days in which such sessions occur are utilized for in-service training programs or other staff development activities for teachers, and (iii) a sufficient number of minutes of school work under the direct supervision of teachers are added to the school days between such regularly scheduled sessions to accumulate not less than the number of minutes by which such sessions of 3 or more clock hours fall short of 5 clock hours. Any full days used for the purposes of this paragraph shall not be considered for computing average daily attendance. Days scheduled for in-service training programs, staff development activities, or parent-teacher conferences may be scheduled separately for different grade levels and different attendance centers of the district. (e) A session of not less than one clock hour of teaching hospitalized or homebound pupils on-site or by telephone to the classroom may be counted as 1/2 day of attendance, however these pupils must receive 4 or more clock hours of instruction to be counted for a full day of attendance. (f) A session of at least 4 clock hours may be counted as a day of attendance for first grade pupils, and pupils in full day kindergartens, and a session of 2 or more hours may be counted as 1/2 day of attendance by pupils in kindergartens which provide only 1/2 day of attendance. (g) For children with disabilities who are below the age of 6 years and who cannot attend 2 or more clock hours because of their disability or immaturity, a session of not less than one clock hour may be counted as 1/2 day of attendance; however for such children whose educational needs so require a session of 4 or more clock hours may be counted as a full day of attendance. (h) A recognized kindergarten which provides for only 1/2 day of attendance by each pupil shall not have more than 1/2 day of attendance counted in any one day. However, kindergartens may count 2 1/2 days of attendance in any 5 consecutive school days. When a pupil attends such a kindergarten for 2 half days on any one school day, the pupil shall have the following day as a day absent from school, unless the school district obtains permission in writing from the State Superintendent of Education. Attendance at kindergartens which provide for a full day of attendance by each pupil shall be counted the same as attendance by first grade pupils. Only the first year of attendance in one kindergarten shall be counted, except in case of children who entered the kindergarten in their fifth year whose educational development requires a second year of kindergarten as determined under the rules and regulations of the State Board of Education. (G) Equalized Assessed Valuation Data. (1) For purposes of the calculation of Available Local Resources required pursuant to subsection (D), the State Board of Education shall secure from the Department of Revenue the value as equalized or assessed by the Department of Revenue of all taxable property of every school district, together with (i) the applicable tax rate used in extending taxes for the funds of the district as of September 30 of the previous year and (ii) the limiting rate for all school districts subject to property tax extension limitations as imposed under the Property Tax Extension Limitation Law.
[March 20, 2001] 26 This equalized assessed valuation, as adjusted further by the requirements of this subsection, shall be utilized in the calculation of Available Local Resources. (2) The equalized assessed valuation in paragraph (1) shall be adjusted, as applicable, in the following manner: (a) For the purposes of calculating State aid under this Section, with respect to any part of a school district within a redevelopment project area in respect to which a municipality has adopted tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 of the Illinois Municipal Code or the Industrial Jobs Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code, no part of the current equalized assessed valuation of real property located in any such project area which is attributable to an increase above the total initial equalized assessed valuation of such property shall be used as part of the equalized assessed valuation of the district, until such time as all redevelopment project costs have been paid, as provided in Section 11-74.4-8 of the Tax Increment Allocation Redevelopment Act or in Section 11-74.6-35 of the Industrial Jobs Recovery Law. For the purpose of the equalized assessed valuation of the district, the total initial equalized assessed valuation or the current equalized assessed valuation, whichever is lower, shall be used until such time as all redevelopment project costs have been paid. (b) The real property equalized assessed valuation for a school district shall be adjusted by subtracting from the real property value as equalized or assessed by the Department of Revenue for the district an amount computed by dividing the amount of any abatement of taxes under Section 18-170 of the Property Tax Code by 3.00% for a district maintaining grades kindergarten through 12, by 2.30% for a district maintaining grades kindergarten through 8, or by 1.05% for a district maintaining grades 9 through 12 and adjusted by an amount computed by dividing the amount of any abatement of taxes under subsection (a) of Section 18-165 of the Property Tax Code by the same percentage rates for district type as specified in this subparagraph (b). (3) For the 1999-2000 school year and each school year thereafter, if a school district meets all of the criteria of this subsection (G)(3), the school district's Available Local Resources shall be calculated under subsection (D) using the district's Extension Limitation Equalized Assessed Valuation as calculated under this subsection (G)(3). For purposes of this subsection (G)(3) the following terms shall have the following meanings: "Budget Year": The school year for which general State aid is calculated and awarded under subsection (E). "Base Tax Year": The property tax levy year used to calculate the Budget Year allocation of general State aid. "Preceding Tax Year": The property tax levy year immediately preceding the Base Tax Year. "Base Tax Year's Tax Extension": The product of the equalized assessed valuation utilized by the County Clerk in the Base Tax Year multiplied by the limiting rate as calculated by the County Clerk and defined in the Property Tax Extension Limitation Law. "Preceding Tax Year's Tax Extension": The product of the equalized assessed valuation utilized by the County Clerk in the Preceding Tax Year multiplied by the Operating Tax Rate as defined in subsection (A). "Extension Limitation Ratio": A numerical ratio, certified by the County Clerk, in which the numerator is the Base Tax Year's Tax Extension and the denominator is the Preceding Tax Year's Tax Extension. "Operating Tax Rate": The operating tax rate as defined in subsection (A). If a school district is subject to property tax extension limitations as imposed under the Property Tax Extension Limitation Law,
27 [March 20, 2001] and if the Available Local Resources of that school district as calculated pursuant to subsection (D) using the Base Tax Year are less than the product of 1.75 times the Foundation Level for the Budget Year, the State Board of Education shall calculate the Extension Limitation Equalized Assessed Valuation of that district. For the 1999-2000 school year, the Extension Limitation Equalized Assessed Valuation of a school district as calculated by the State Board of Education shall be equal to the product of the district's 1996 Equalized Assessed Valuation and the district's Extension Limitation Ratio. For the 2000-2001 school year and each school year thereafter, the Extension Limitation Equalized Assessed Valuation of a school district as calculated by the State Board of Education shall be equal to the product of the last calculated Extension Limitation Equalized Assessed Valuation and the district's Extension Limitation Ratio. If the Extension Limitation Equalized Assessed Valuation of a school district as calculated under this subsection (G)(3) is less than the district's equalized assessed valuation as calculated pursuant to subsections (G)(1) and (G)(2), then for purposes of calculating the district's general State aid for the Budget Year pursuant to subsection (E), that Extension Limitation Equalized Assessed Valuation shall be utilized to calculate the district's Available Local Resources under subsection (D). (4) For the purposes of calculating general State aid for the 1999-2000 school year only, if a school district experienced a triennial reassessment on the equalized assessed valuation used in calculating its general State financial aid apportionment for the 1998-1999 school year, the State Board of Education shall calculate the Extension Limitation Equalized Assessed Valuation that would have been used to calculate the district's 1998-1999 general State aid. This amount shall equal the product of the equalized assessed valuation used to calculate general State aid for the 1997-1998 school year and the district's Extension Limitation Ratio. If the Extension Limitation Equalized Assessed Valuation of the school district as calculated under this paragraph (4) is less than the district's equalized assessed valuation utilized in calculating the district's 1998-1999 general State aid allocation, then for purposes of calculating the district's general State aid pursuant to paragraph (5) of subsection (E), that Extension Limitation Equalized Assessed Valuation shall be utilized to calculate the district's Available Local Resources. (5) For school districts having a majority of their equalized assessed valuation in any county except Cook, DuPage, Kane, Lake, McHenry, or Will, if the amount of general State aid allocated to the school district for the 1999-2000 school year under the provisions of subsection (E), (H), and (J) of this Section is less than the amount of general State aid allocated to the district for the 1998-1999 school year under these subsections, then the general State aid of the district for the 1999-2000 school year only shall be increased by the difference between these amounts. The total payments made under this paragraph (5) shall not exceed $14,000,000. Claims shall be prorated if they exceed $14,000,000. (H) Supplemental General State Aid. (1) In addition to the general State aid a school district is allotted pursuant to subsection (E), qualifying school districts shall receive a grant, paid in conjunction with a district's payments of general State aid, for supplemental general State aid based upon the concentration level of children from low-income households within the school district. Supplemental State aid grants provided for school districts under this subsection shall be appropriated for distribution to school districts as part of the same line item in which the general State financial aid of school districts is appropriated under this Section. For purposes of this subsection, the term "Low-Income Concentration Level" shall be the low-income eligible pupil count from the most recently available federal census divided by the Average Daily Attendance of the school district. If, however, the percentage decrease from the 2 most recent federal censuses in the low-income eligible pupil count of a high school district with fewer than 400 students
[March 20, 2001] 28 exceeds by 75% or more the percentage change in the total low-income eligible pupil count of contiguous elementary school districts, whose boundaries are coterminous with the high school district, the high school district's low-income eligible pupil count from the earlier federal census shall be the number used as the low-income eligible pupil count for the high school district, for purposes of this subsection (H). (2) Supplemental general State aid pursuant to this subsection (H) shall be provided as follows for those school years before the 2001-2002 school year: (a) For any school district with a Low Income Concentration Level of at least 20% and less than 35%, the grant for any school year shall be $800 multiplied by the low income eligible pupil count. (b) For any school district with a Low Income Concentration Level of at least 35% and less than 50%, the grant for the 1998-1999 school year shall be $1,100 multiplied by the low income eligible pupil count. (c) For any school district with a Low Income Concentration Level of at least 50% and less than 60%, the grant for the 1998-99 school year shall be $1,500 multiplied by the low income eligible pupil count. (d) For any school district with a Low Income Concentration Level of 60% or more, the grant for the 1998-99 school year shall be $1,900 multiplied by the low income eligible pupil count. (e) For the 1999-2000 school year, the per pupil amount specified in subparagraphs (b), (c), and (d) immediately above shall be increased to $1,243, $1,600, and $2,000, respectively. (f) For the 2000-2001 school year, the per pupil amounts specified in subparagraphs (b), (c), and (d) immediately above shall be $1,273, $1,640, and $2,050, respectively. (2.5) Supplemental general State aid pursuant to this subsection (H) shall be provided as follows for the 2001-2002 school year and each school year thereafter: (a) For any school district with a Low Income Concentration Level of at least 20% and less than 35%, the grant for each school year shall be 28% of the Foundation Level multiplied by the low income eligible pupil count. (b) For any school district with a Low Income Concentration Level of at least 35% and less than 50%, the grant for each school year shall be 31% of the Foundation Level multiplied by the low income eligible pupil count. (c) For any school district with a Low Income Concentration Level of at least 50% and less than 60%, the grant for each school year shall be 38% of the Foundation Level multiplied by the low income eligible pupil count. (d) For any school district with a Low Income Concentration Level of 60% or more, the grant for each school year shall be 47% of the Foundation Level multiplied by the low income eligible pupil count. (3) School districts with an Average Daily Attendance of more than 1,000 and less than 50,000 that qualify for supplemental general State aid pursuant to this subsection shall submit a plan to the State Board of Education prior to October 30 of each year for the use of the funds resulting from this grant of supplemental general State aid for the improvement of instruction in which priority is given to meeting the education needs of disadvantaged children. Such plan shall be submitted in accordance with rules and regulations promulgated by the State Board of Education. (4) School districts with an Average Daily Attendance of 50,000 or more that qualify for supplemental general State aid pursuant to this subsection shall be required to distribute from funds available pursuant to this Section, no less than $261,000,000 in accordance with the following requirements: (a) The required amounts shall be distributed to the attendance centers within the district in proportion to the number
29 [March 20, 2001] of pupils enrolled at each attendance center who are eligible to receive free or reduced-price lunches or breakfasts under the federal Child Nutrition Act of 1966 and under the National School Lunch Act during the immediately preceding school year. (b) The distribution of these portions of supplemental and general State aid among attendance centers according to these requirements shall not be compensated for or contravened by adjustments of the total of other funds appropriated to any attendance centers, and the Board of Education shall utilize funding from one or several sources in order to fully implement this provision annually prior to the opening of school. (c) Each attendance center shall be provided by the school district a distribution of noncategorical funds and other categorical funds to which an attendance center is entitled under law in order that the general State aid and supplemental general State aid provided by application of this subsection supplements rather than supplants the noncategorical funds and other categorical funds provided by the school district to the attendance centers. (d) Any funds made available under this subsection that by reason of the provisions of this subsection are not required to be allocated and provided to attendance centers may be used and appropriated by the board of the district for any lawful school purpose. (e) Funds received by an attendance center pursuant to this subsection shall be used by the attendance center at the discretion of the principal and local school council for programs to improve educational opportunities at qualifying schools through the following programs and services: early childhood education, reduced class size or improved adult to student classroom ratio, enrichment programs, remedial assistance, attendance improvement, and other educationally beneficial expenditures which supplement the regular and basic programs as determined by the State Board of Education. Funds provided shall not be expended for any political or lobbying purposes as defined by board rule. (f) Each district subject to the provisions of this subdivision (H)(4) shall submit an acceptable plan to meet the educational needs of disadvantaged children, in compliance with the requirements of this paragraph, to the State Board of Education prior to July 15 of each year. This plan shall be consistent with the decisions of local school councils concerning the school expenditure plans developed in accordance with part 4 of Section 34-2.3. The State Board shall approve or reject the plan within 60 days after its submission. If the plan is rejected, the district shall give written notice of intent to modify the plan within 15 days of the notification of rejection and then submit a modified plan within 30 days after the date of the written notice of intent to modify. Districts may amend approved plans pursuant to rules promulgated by the State Board of Education. Upon notification by the State Board of Education that the district has not submitted a plan prior to July 15 or a modified plan within the time period specified herein, the State aid funds affected by that plan or modified plan shall be withheld by the State Board of Education until a plan or modified plan is submitted. If the district fails to distribute State aid to attendance centers in accordance with an approved plan, the plan for the following year shall allocate funds, in addition to the funds otherwise required by this subsection, to those attendance centers which were underfunded during the previous year in amounts equal to such underfunding. For purposes of determining compliance with this subsection in relation to the requirements of attendance center funding, each district subject to the provisions of this subsection shall submit as a separate document by December 1 of each year a report of expenditure data for the prior year in addition to any modification
[March 20, 2001] 30 of its current plan. If it is determined that there has been a failure to comply with the expenditure provisions of this subsection regarding contravention or supplanting, the State Superintendent of Education shall, within 60 days of receipt of the report, notify the district and any affected local school council. The district shall within 45 days of receipt of that notification inform the State Superintendent of Education of the remedial or corrective action to be taken, whether by amendment of the current plan, if feasible, or by adjustment in the plan for the following year. Failure to provide the expenditure report or the notification of remedial or corrective action in a timely manner shall result in a withholding of the affected funds. The State Board of Education shall promulgate rules and regulations to implement the provisions of this subsection. No funds shall be released under this subdivision (H)(4) to any district that has not submitted a plan that has been approved by the State Board of Education. (I) General State Aid for Newly Configured School Districts. (1) For a new school district formed by combining property included totally within 2 or more previously existing school districts, for its first year of existence the general State aid and supplemental general State aid calculated under this Section shall be computed for the new district and for the previously existing districts for which property is totally included within the new district. If the computation on the basis of the previously existing districts is greater, a supplementary payment equal to the difference shall be made for the first 4 years of existence of the new district. (2) For a school district which annexes all of the territory of one or more entire other school districts, for the first year during which the change of boundaries attributable to such annexation becomes effective for all purposes as determined under Section 7-9 or 7A-8, the general State aid and supplemental general State aid calculated under this Section shall be computed for the annexing district as constituted after the annexation and for the annexing and each annexed district as constituted prior to the annexation; and if the computation on the basis of the annexing and annexed districts as constituted prior to the annexation is greater, a supplementary payment equal to the difference shall be made for the first 4 years of existence of the annexing school district as constituted upon such annexation. (3) For 2 or more school districts which annex all of the territory of one or more entire other school districts, and for 2 or more community unit districts which result upon the division (pursuant to petition under Section 11A-2) of one or more other unit school districts into 2 or more parts and which together include all of the parts into which such other unit school district or districts are so divided, for the first year during which the change of boundaries attributable to such annexation or division becomes effective for all purposes as determined under Section 7-9 or 11A-10, as the case may be, the general State aid and supplemental general State aid calculated under this Section shall be computed for each annexing or resulting district as constituted after the annexation or division and for each annexing and annexed district, or for each resulting and divided district, as constituted prior to the annexation or division; and if the aggregate of the general State aid and supplemental general State aid as so computed for the annexing or resulting districts as constituted after the annexation or division is less than the aggregate of the general State aid and supplemental general State aid as so computed for the annexing and annexed districts, or for the resulting and divided districts, as constituted prior to the annexation or division, then a supplementary payment equal to the difference shall be made and allocated between or among the annexing or resulting districts, as constituted upon such annexation or division, for the first 4 years of their existence. The total difference payment shall be allocated between or among the annexing or resulting districts in the same ratio as the pupil enrollment from that portion of the annexed or divided district or districts which is annexed to or included in
31 [March 20, 2001] each such annexing or resulting district bears to the total pupil enrollment from the entire annexed or divided district or districts, as such pupil enrollment is determined for the school year last ending prior to the date when the change of boundaries attributable to the annexation or division becomes effective for all purposes. The amount of the total difference payment and the amount thereof to be allocated to the annexing or resulting districts shall be computed by the State Board of Education on the basis of pupil enrollment and other data which shall be certified to the State Board of Education, on forms which it shall provide for that purpose, by the regional superintendent of schools for each educational service region in which the annexing and annexed districts, or resulting and divided districts are located. (3.5) Claims for financial assistance under this subsection (I) shall not be recomputed except as expressly provided under this Section. (4) Any supplementary payment made under this subsection (I) shall be treated as separate from all other payments made pursuant to this Section. (J) Supplementary Grants in Aid. (1) Notwithstanding any other provisions of this Section, the amount of the aggregate general State aid in combination with supplemental general State aid under this Section for which each school district is eligible shall be no less than the amount of the aggregate general State aid entitlement that was received by the district under Section 18-8 (exclusive of amounts received under subsections 5(p) and 5(p-5) of that Section) for the 1997-98 school year, pursuant to the provisions of that Section as it was then in effect. If a school district qualifies to receive a supplementary payment made under this subsection (J), the amount of the aggregate general State aid in combination with supplemental general State aid under this Section which that district is eligible to receive for each school year shall be no less than the amount of the aggregate general State aid entitlement that was received by the district under Section 18-8 (exclusive of amounts received under subsections 5(p) and 5(p-5) of that Section) for the 1997-1998 school year, pursuant to the provisions of that Section as it was then in effect. (2) If, as provided in paragraph (1) of this subsection (J), a school district is to receive aggregate general State aid in combination with supplemental general State aid under this Section for the 1998-99 school year and any subsequent school year that in any such school year is less than the amount of the aggregate general State aid entitlement that the district received for the 1997-98 school year, the school district shall also receive, from a separate appropriation made for purposes of this subsection (J), a supplementary payment that is equal to the amount of the difference in the aggregate State aid figures as described in paragraph (1). (3) (Blank). (K) Grants to Laboratory and Alternative Schools. In calculating the amount to be paid to the governing board of a public university that operates a laboratory school under this Section or to any alternative school that is operated by a regional superintendent of schools, the State Board of Education shall require by rule such reporting requirements as it deems necessary. As used in this Section, "laboratory school" means a public school which is created and operated by a public university and approved by the State Board of Education. The governing board of a public university which receives funds from the State Board under this subsection (K) may not increase the number of students enrolled in its laboratory school from a single district, if that district is already sending 50 or more students, except under a mutual agreement between the school board of a student's district of residence and the university which operates the laboratory school. A laboratory school may not have more than 1,000 students, excluding students with disabilities in a special education program. As used in this Section, "alternative school" means a public school which is created and operated by a Regional Superintendent of Schools
[March 20, 2001] 32 and approved by the State Board of Education. Such alternative schools may offer courses of instruction for which credit is given in regular school programs, courses to prepare students for the high school equivalency testing program or vocational and occupational training. A regional superintendent of schools may contract with a school district or a public community college district to operate an alternative school. An alternative school serving more than one educational service region may be established by the regional superintendents of schools of the affected educational service regions. An alternative school serving more than one educational service region may be operated under such terms as the regional superintendents of schools of those educational service regions may agree. Each laboratory and alternative school shall file, on forms provided by the State Superintendent of Education, an annual State aid claim which states the Average Daily Attendance of the school's students by month. The best 3 months' Average Daily Attendance shall be computed for each school. The general State aid entitlement shall be computed by multiplying the applicable Average Daily Attendance by the Foundation Level as determined under this Section. (L) Payments, Additional Grants in Aid and Other Requirements. (1) For a school district operating under the financial supervision of an Authority created under Article 34A, the general State aid otherwise payable to that district under this Section, but not the supplemental general State aid, shall be reduced by an amount equal to the budget for the operations of the Authority as certified by the Authority to the State Board of Education, and an amount equal to such reduction shall be paid to the Authority created for such district for its operating expenses in the manner provided in Section 18-11. The remainder of general State school aid for any such district shall be paid in accordance with Article 34A when that Article provides for a disposition other than that provided by this Article. (2) (Blank). (3) Summer school. Summer school payments shall be made as provided in Section 18-4.3. (M) Education Funding Advisory Board. The Education Funding Advisory Board, hereinafter in this subsection (M) referred to as the "Board", is hereby created. The Board shall consist of 5 members who are appointed by the Governor, by and with the advice and consent of the Senate. The members appointed shall include representatives of education, business, and the general public. One of the members so appointed shall be designated by the Governor at the time the appointment is made as the chairperson of the Board. The initial members of the Board may be appointed any time after the effective date of this amendatory Act of 1997. The regular term of each member of the Board shall be for 4 years from the third Monday of January of the year in which the term of the member's appointment is to commence, except that of the 5 initial members appointed to serve on the Board, the member who is appointed as the chairperson shall serve for a term that commences on the date of his or her appointment and expires on the third Monday of January, 2002, and the remaining 4 members, by lots drawn at the first meeting of the Board that is held after all 5 members are appointed, shall determine 2 of their number to serve for terms that commence on the date of their respective appointments and expire on the third Monday of January, 2001, and 2 of their number to serve for terms that commence on the date of their respective appointments and expire on the third Monday of January, 2000. All members appointed to serve on the Board shall serve until their respective successors are appointed and confirmed. Vacancies shall be filled in the same manner as original appointments. If a vacancy in membership occurs at a time when the Senate is not in session, the Governor shall make a temporary appointment until the next meeting of the Senate, when he or she shall appoint, by and with the advice and consent of the Senate, a person to fill that membership for the unexpired term. If the Senate is not in session when the initial appointments are made, those appointments shall be made as in the case of vacancies.
33 [March 20, 2001] The Education Funding Advisory Board shall be deemed established, and the initial members appointed by the Governor to serve as members of the Board shall take office, on the date that the Governor makes his or her appointment of the fifth initial member of the Board, whether those initial members are then serving pursuant to appointment and confirmation or pursuant to temporary appointments that are made by the Governor as in the case of vacancies. The State Board of Education shall provide such staff assistance to the Education Funding Advisory Board as is reasonably required for the proper performance by the Board of its responsibilities. For school years after the 2000-2001 school year, the Education Funding Advisory Board, in consultation with the State Board of Education, shall make recommendations as provided in this subsection (M) to the General Assembly for the foundation level under subdivision (B)(3) of this Section and for the supplemental general State aid grant level under subsection (H) of this Section for districts with high concentrations of children from poverty. The recommended foundation level shall be determined based on a methodology which incorporates the basic education expenditures of low-spending schools exhibiting high academic performance. The Education Funding Advisory Board shall make such recommendations to the General Assembly on January 1 of odd numbered years, beginning January 1, 2001. (N) (Blank). (O) References. (1) References in other laws to the various subdivisions of Section 18-8 as that Section existed before its repeal and replacement by this Section 18-8.05 shall be deemed to refer to the corresponding provisions of this Section 18-8.05, to the extent that those references remain applicable. (2) References in other laws to State Chapter 1 funds shall be deemed to refer to the supplemental general State aid provided under subsection (H) of this Section. (Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566; 90-653, eff. 7-29-98; 90-654, eff. 7-29-98; 90-655, eff. 7-30-98; 90-802, eff. 12-15-98; 90-815, eff. 2-11-99; 91-24, eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, eff. 7-9-99; 91-111, eff. 7-14-99; 91-357, eff. 7-29-99; 91-533, eff. 8-13-99; revised 8-27-99.) Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 241. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Health Care Availability & Access, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 241 AMENDMENT NO. 1. Amend House Bill 241 on page 1, line 12, by deleting "and"; and on page 1, line 13, by changing "356z.1" to "356z.1, 356z.2, and 356z.3"; and on page 1, line 25, by changing "and 356z.1" to "356z.1, 356z.2, and 356z.3"; and on page 2, line 15, by changing "and 356z.1" to "356z.1, 356z.2, and 356z.3"; and on page 3, line 1, by changing "and 356z.1" to "356z.1, 356z.2, and 356z.3"; and on page 3, line 19, by changing "Section 356z.1" to "Sections 356z.1, 356z.2, and 356z.3"; and on page 4 by inserting immediately below line 1 the following: "(215 ILCS 5/356z.2 new)
[March 20, 2001] 34 Sec. 356z.2. Epidural anesthesia services. A group or individual policy of accident and health insurance or managed care plan amended, delivered, issued, or renewed after the effective date of this amendatory Act of the 92nd General Assembly that provides coverage for hospital or medical expenses must provide coverage for reimbursement to medical providers for epidural anesthesia services when ordered by the attending practitioner at the time of delivery. (215 ILCS 5/356z.3 new) Sec. 356z.3. Prescription nutritional supplements. A group or individual policy of accident and health insurance or managed care plan amended, delivered, issued, or renewed after the effective date of this amendatory Act of the 92nd General Assembly that provides coverage for prescription drugs must provide coverage for reimbursement for medically appropriate prescription nutritional supplements when ordered by a physician licensed to practice medicine in all its branches and the insured suffers from a condition that prevents him or her from taking sufficient oral nourishment to sustain life."; and on page 4, line 10, by changing "356z.1" to "356z.1, 356z.2, 356z.3"; and on page 8, line 5, by changing "356z.1" to "356z.1, 356z.2, 356z.3". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 269. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Exeutive, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 269 AMENDMENT NO. 1. Amend House Bill 269 by replacing everything after the enacting clause with the following: "Section 5. The Liquor Control Act of 1934 is amended by changing Section 5-1 as follows: (235 ILCS 5/5-1) (from Ch. 43, par. 115) Sec. 5-1. Licenses issued by the Illinois Liquor Control Commission shall be of the following classes: (a) Manufacturer's license - Class 1. Distiller, Class 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6. First Class Winemaker, Class 7. Second Class Winemaker, Class 8. Limited Wine Manufacturer, (b) Distributor's license, (c) Importing Distributor's license, (d) Retailer's license, (e) Special Event Retailer's license (not-for-profit), (f) Railroad license, (g) Boat license, (h) Non-Beverage User's license, (i) Wine-maker's retail license, (j) Airplane license, (k) Foreign importer's license, (l) Broker's license, (m) Non-resident dealer's license, (n) Brew Pub license, (o) Auction liquor license, (p) Caterer retailer license, (q) Special use permit license. Nothing in this provision, nor in any subsequent provision of this Act shall be interpreted as forbidding an individual or firm from concurrently obtaining and holding a Winemaker's and a Wine manufacturer's license. (a) A manufacturer's license shall allow the manufacture,
35 [March 20, 2001] importation in bulk, storage, distribution and sale of alcoholic liquor to persons without the State, as may be permitted by law and to licensees in this State as follows: Class 1. A Distiller may make sales and deliveries of alcoholic liquor to distillers, rectifiers, importing distributors, distributors and non-beverage users and to no other licensees. Class 2. A Rectifier, who is not a distiller, as defined herein, may make sales and deliveries of alcoholic liquor to rectifiers, importing distributors, distributors, retailers and non-beverage users and to no other licensees. Class 3. A Brewer may make sales and deliveries of beer to importing distributors, distributors, and to non-licensees, and to retailers provided the brewer obtains an importing distributor's license or distributor's license in accordance with the provisions of this Act. Class 4. A first class wine-manufacturer may make sales and deliveries of between 40,000 and 50,000 gallons of wine to manufacturers, importing distributors and distributors, and to no other licensees. Class 5. A second class Wine manufacturer may make sales and deliveries of more than 50,000 gallons of wine to manufacturers, importing distributors and distributors and to no other licensees. Class 6. A first-class wine-maker's license shall allow the manufacture of less than 20,000 gallons of wine per year, and the storage and sale of such wine to distributors and retailers in the State and to persons without the State, as may be permitted by law. Class 7. A second-class wine-maker's license shall allow the manufacture of up to 100,000
[March 20, 2001] 36 and the bottling of such alcoholic liquors before resale thereof, but all bottles or containers so filled shall be sealed, labeled, stamped and otherwise made to comply with all provisions, rules and regulations governing manufacturers in the preparation and bottling of alcoholic liquors. The importing distributor's license shall permit such licensee to purchase alcoholic liquor from Illinois licensed non-resident dealers and foreign importers only. (d) A retailer's license shall allow the licensee to sell and offer for sale at retail, only in the premises specified in such license, alcoholic liquor for use or consumption, but not for resale in any form: Provided that any retail license issued to a manufacturer shall only permit such manufacturer to sell beer at retail on the premises actually occupied by such manufacturer. After January 1, 1995 there shall be 2 classes of licenses issued under a retailers license. (1) A "retailers on premise consumption license" shall allow the licensee to sell and offer for sale at retail, only on the premises specified in the license, alcoholic liquor for use or consumption on the premises or on and off the premises, but not for resale in any form. (2) An "off premise sale license" shall allow the licensee to sell, or offer for sale at retail, alcoholic liquor intended only for off premise consumption and not for resale in any form. Notwithstanding any other provision of this subsection (d), a retail licensee may sell alcoholic liquors to a special event retailer licensee for resale to the extent permitted under subsection (e). (e) A special event retailer's license (not-for-profit) shall permit the licensee to purchase alcoholic liquors from an Illinois licensed distributor (unless the licensee purchases less than $500 of alcoholic liquors for the special event, in which case the licensee may purchase the alcoholic liquors from a licensed retailer) and shall allow the licensee to sell and offer for sale, at retail, alcoholic liquors for use or consumption, but not for resale in any form and only at the location and on the specific dates designated for the special event in the license. An applicant for a special event retailer license must (i) furnish with the application: (A) a resale number issued under Section 2c of the Retailers' Occupation Tax Act or evidence that the applicant is registered under Section 2a of the Retailers' Occupation Tax Act, (B) a current, valid exemption identification number issued under Section 1g of the Retailers' Occupation Tax Act, and a certification to the Commission that the purchase of alcoholic liquors will be a tax-exempt purchase, or (C) a statement that the applicant is not registered under Section 2a of the Retailers' Occupation Tax Act, does not hold a resale number under Section 2c of the Retailers' Occupation Tax Act, and does not hold an exemption number under Section 1g of the Retailers' Occupation Tax Act, in which event the Commission shall set forth on the special event retailer's license a statement to that effect; (ii) submit with the application proof satisfactory to the State Commission that the applicant will provide dram shop liability insurance in the maximum limits; and (iii) show proof satisfactory to the State Commission that the applicant has obtained local authority approval. (f) A railroad license shall permit the licensee to import alcoholic liquors into this State from any point in the United States outside this State and to store such alcoholic liquors in this State; to make wholesale purchases of alcoholic liquors directly from manufacturers, foreign importers, distributors and importing distributors from within or outside this State; and to store such alcoholic liquors in this State; provided that the above powers may be exercised only in connection with the importation, purchase or storage of alcoholic liquors to be sold or dispensed on a club, buffet, lounge or dining car operated on an electric, gas or steam railway in this State; and provided further, that railroad licensees exercising the above powers shall be subject to all provisions of Article VIII of this Act as applied to importing distributors. A railroad license shall also permit the licensee to sell or dispense alcoholic liquors on any
37 [March 20, 2001] club, buffet, lounge or dining car operated on an electric, gas or steam railway regularly operated by a common carrier in this State, but shall not permit the sale for resale of any alcoholic liquors to any licensee within this State. A license shall be obtained for each car in which such sales are made. (g) A boat license shall allow the sale of alcoholic liquor in individual drinks, on any passenger boat regularly operated as a common carrier on navigable waters in this State, which boat maintains a public dining room or restaurant thereon. (h) A non-beverage user's license shall allow the licensee to purchase alcoholic liquor from a licensed manufacturer or importing distributor, without the imposition of any tax upon the business of such licensed manufacturer or importing distributor as to such alcoholic liquor to be used by such licensee solely for the non-beverage purposes set forth in subsection (a) of Section 8-1 of this Act, and such licenses shall be divided and classified and shall permit the purchase, possession and use of limited and stated quantities of alcoholic liquor as follows: Class 1, not to exceed ....................... 500 gallons Class 2, not to exceed ....................... 1,000 gallons Class 3, not to exceed ....................... 5,000 gallons Class 4, not to exceed ....................... 10,000 gallons Class 5, not to exceed ....................... 50,000 gallons (i) A wine-maker's retail license shall allow the licensee to sell and offer for sale at retail in the premises specified in such license not more than 100,000
[March 20, 2001] 38 without the State of Illinois in order that alcoholic liquors be shipped to a distributor, importing distributor or foreign importer, whether such solicitation or offer is consummated within or without the State of Illinois. No holder of a retailer's license issued by the Illinois Liquor Control Commission shall purchase or receive any alcoholic liquor, the order for which was solicited or offered for sale to such retailer by a broker unless the broker is the holder of a valid broker's license. The broker shall, upon the acceptance by a retailer of the broker's solicitation of an order or offer to sell or supply or deliver or have delivered alcoholic liquors, promptly forward to the Illinois Liquor Control Commission a notification of said transaction in such form as the Commission may by regulations prescribe. (ii) A broker's license shall be required of a person within this State, other than a retail licensee, who, for a fee or commission, promotes, solicits, or accepts orders for alcoholic liquor, for use or consumption and not for resale, to be shipped from this State and delivered to residents outside of this State by an express company, common carrier, or contract carrier. This Section does not apply to any person who promotes, solicits, or accepts orders for wine as specifically authorized in Section 6-29 of this Act. A broker's license under this subsection (1) shall not entitle the holder to buy or sell any alcoholic liquors for his own account or to take or deliver title to such alcoholic liquors. This subsection (1) shall not apply to distributors, employees of distributors, or employees of a manufacturer who has registered the trademark, brand or name of the alcoholic liquor pursuant to Section 6-9 of this Act, and who regularly sells such alcoholic liquor in the State of Illinois only to its registrants thereunder. Any agent, representative, or person subject to registration pursuant to subsection (a-1) of this Section shall not be eligible to receive a broker's license. (m) A non-resident dealer's license shall permit such licensee to ship into and warehouse alcoholic liquor into this State from any point outside of this State, and to sell such alcoholic liquor to Illinois licensed foreign importers and importing distributors and to no one else in this State; provided that said non-resident dealer shall register with the Illinois Liquor Control Commission each and every brand of alcoholic liquor which it proposes to sell to Illinois licensees during the license period; and further provided that it shall comply with all of the provisions of Section 6-9 hereof with respect to registration of such Illinois licensees as may be granted the right to sell such brands at wholesale. (n) A brew pub license shall allow the licensee to manufacture beer only on the premises specified in the license, to make sales of the beer manufactured on the premises to importing distributors, distributors, and to non-licensees for use and consumption, to store the beer upon the premises, and to sell and offer for sale at retail from the licensed premises, provided that a brew pub licensee shall not sell for off-premises consumption more than 50,000 gallons per year. (o) A caterer retailer license shall allow the holder to serve alcoholic liquors as an incidental part of a food service that serves prepared meals which excludes the serving of snacks as the primary meal, either on or off-site whether licensed or unlicensed. (p) An auction liquor license shall allow the licensee to sell and offer for sale at auction wine and spirits for use or consumption, or for resale by an Illinois liquor licensee in accordance with provisions of this Act. An auction liquor license will be issued to a person and it will permit the auction liquor licensee to hold the auction anywhere in the State. An auction liquor license must be obtained for each auction at least 14 days in advance of the auction date. (q) A special use permit license shall allow an Illinois licensed retailer to transfer a portion of its alcoholic liquor inventory from its retail licensed premises to the premises specified in the license hereby created, and to sell or offer for sale at retail, only in the premises specified in the license hereby created, the transferred
39 [March 20, 2001] alcoholic liquor for use or consumption, but not for resale in any form. A special use permit license may be granted for the following time periods: one day or less; 2 or more days to a maximum of 15 days per location in any 12 month period. An applicant for the special use permit license must also submit with the application proof satisfactory to the State Commission that the applicant will provide dram shop liability insurance to the maximum limits and have local authority approval. (Source: P.A. 90-77, eff. 7-8-97; 90-432, eff. 1-1-98; 90-596, eff. 6-24-98; 90-655, eff. 7-30-98; 90-739, eff. 8-13-98; 91-357, eff. 7-29-99.) Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 294. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 294 AMENDMENT NO. 1. Amend House Bill 294 as follows: on page 2, below line 25, by inserting the following: "(f) A law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this Section."; and on page 3, below line 12, by inserting the following: "(3) A law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of Section 12-603.1 of the Illinois Vehicle Code.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 390. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 390 AMENDMENT NO. 1. Amend House Bill 390 by replacing everything after the enacting clause with the following: "Section 5. The Downstate Forest Preserve District Act is amended by adding Section 7c as follows: (70 ILCS 805/7c new) Sec. 7c. Conveyance of property for road purposes. Notwithstanding any other provision of this Act or any other law to the contrary, a forest preserve district located in a county with a population of not less than 750,000 and not more than 1,200,000 may not sell, lease, or convey any interest in land to any other unit of State or local government for the purpose of constructing a new roadway or widening an existing roadway on or through forest preserve land unless the proposed sale, lease, or conveyance is approved by a concurrence of three-fourths of all the members of the board of commissioners and, in the case of a proposed new roadway, submitted to the electors of the district at a regular election and approved by a majority of the electors voting on the question. For any proposed new roadway on or through forest preserve land, if such a proposed sale, lease, or
[March 20, 2001] 40 conveyance is approved by a concurrence of three-fourths of all commissioners, the board of commissioners shall certify the question to the proper election authority, which must submit the question at an election in accordance with the Election Code. The question must be in substantially the following form: Shall the (insert name of forest preserve district) remove land from preservation to be (insert sold, leased, or conveyed) to (insert name of unit of State or local government to which the land is to be sold, leased, or conveyed) for the purpose of constructing a county, State, municipal, or township public road through (insert location of road). The votes must be recorded as "Yes" or "No". If a majority of the electors voting on the question vote in the affirmative, the forest preserve district may sell, lease, or convey the land for the proposed new roadway with a vote of concurrence by three-fourths of all members of the board of commissioners and upon such terms and conditions as the board of commissioners determines to be in the best interest of the district. Nothing in this Section prevents or limits a forest preserve district from constructing and maintaining its own road network on forest preserve lands for the purposes of providing access to the lands and facilities of the district. This Section does not apply to the sale, lease, or conveyance of land for improvements to existing roads necessary for public safety that are limited to sidewalks, intersection improvements, and curb and gutter improvements.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 400. Having been printed, was taken up and read by title a second time. Representative Fritchey offered and withdrew Amendment No. 1. Representative Fritchey offered the following Amendment and moved it's adoption: AMENDMENT NO. 2 TO HOUSE BILL 400 AMENDMENT NO. 2. Amend House Bill 400 on page 1, by replacing lines 27 through 29 with the following: "(a) A public employee commits solicitation misconduct when he or she solicits or receives contributions, as that term is defined in Section 9-1.4 of the Election Code, from a person engaged in a business or activity over which the public employee has the responsibility to investigate or inspect, and enforce, regulatory measures necessary to the requirements of any State or federal statute or regulation relating to the business or activity."; and on page 2, by deleting lines 1 through 6. The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 438. Having been recalled on March 16, 2001, and held on the order of Second Reading, the same was again taken up. Representative Saviano offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 438
41 [March 20, 2001] AMENDMENT NO. 1. Amend House Bill 438 as follows: on page 1, by replacing line 6 with "Sections 20, 60, and 80 as follows:"; and on page 3, after line 3, by inserting the following: "(225 ILCS 107/60) Sec. 60. Fees. The fees imposed under this Act shall be set by rule
[March 20, 2001] 42 alcoholic liquor or (ii) is in the possession of a person in or for the performance of a religious service or ceremony authorized by the school board". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 4 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 452. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 452 AMENDMENT NO. 1. Amend House Bill 452 by replacing everything after the enacting clause with the following: "Section 5. The Unified Code of Corrections is amended by changing Section 5-4-3 as follows: (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3) Sec. 5-4-3. Persons convicted of, or found delinquent for, qualifying offenses or institutionalized as sexually dangerous; blood specimens; genetic marker groups. (a) Any person convicted of, found guilty under the Juvenile Court Act of 1987 for, or who received a disposition of court supervision for, a qualifying offense or attempt of a qualifying offense, or institutionalized as a sexually dangerous person under the Sexually Dangerous Persons Act, or committed as a sexually violent person under the Sexually Violent Persons Commitment Act shall, regardless of the sentence or disposition imposed, be required to submit specimens of blood to the Illinois Department of State Police in accordance with the provisions of this Section, provided such person is: (1) convicted of a qualifying offense or attempt of a qualifying offense on or after the effective date of this amendatory Act of 1989, and sentenced to a term of imprisonment, periodic imprisonment, fine, probation, conditional discharge or any other form of sentence, or given a disposition of court supervision for the offense, or (1.5) found guilty or given supervision under the Juvenile Court Act of 1987 for a qualifying offense or attempt of a qualifying offense on or after the effective date of this amendatory Act of 1996, or (2) ordered institutionalized as a sexually dangerous person on or after the effective date of this amendatory Act of 1989, or (3) convicted of a qualifying offense or attempt of a qualifying offense before the effective date of this amendatory Act of 1989 and is presently confined as a result of such conviction in any State correctional facility or county jail or is presently serving a sentence of probation, conditional discharge or periodic imprisonment as a result of such conviction, or (4) presently institutionalized as a sexually dangerous person or presently institutionalized as a person found guilty but mentally ill of a sexual offense or attempt to commit a sexual offense; or (4.5) ordered committed as a sexually violent person on or after the effective date of the Sexually Violent Persons Commitment Act; or (5) seeking transfer to or residency in Illinois under Sections 3-3-11 through 3-3-11.5 of the Unified Code of Corrections (Interstate Compact for the Supervision of Parolees and Probationers) or the Interstate Agreements on Sexually Dangerous Persons Act.
43 [March 20, 2001] (a-5) Any person who was otherwise convicted of or received a disposition of court supervision for any other offense under the Criminal Code of 1961 or any offense classified as a felony under Illinois law or who was found guilty or given supervision for such a violation under the Juvenile Court Act of 1987, may, regardless of the sentence imposed, be required by an order of the court to submit specimens of blood to the Illinois Department of State Police in accordance with the provisions of this Section. (b) Any person required by paragraphs (a)(1), (a)(1.5), (a)(2), and (a-5) to provide specimens of blood shall provide specimens of blood within 45 days after sentencing or disposition at a collection site designated by the Illinois Department of State Police. (c) Any person required by paragraphs (a)(3), (a)(4), and (a)(4.5) to provide specimens of blood shall be required to provide such samples prior to final discharge, parole, or release at a collection site designated by the Illinois Department of State Police. (c-5) Any person required by paragraph (a)(5) to provide specimens of blood shall, where feasible, be required to provide the specimens before being accepted for conditioned residency in Illinois under the interstate compact or agreement, but no later than 45 days after arrival in this State. (d) The Illinois Department of State Police shall provide all equipment and instructions necessary for the collection of blood samples. The collection of samples shall be performed in a medically approved manner. Only a physician authorized to practice medicine, a registered nurse or other qualified person trained in venipuncture may withdraw blood for the purposes of this Act. The samples shall thereafter be forwarded to the Illinois Department of State Police, Division of Forensic Services, for analysis and categorizing into genetic marker groupings. (e) The genetic marker groupings shall be maintained by the Illinois Department of State Police, Division of Forensic Services. (f) The genetic marker grouping analysis information obtained pursuant to this Act shall be confidential and shall be released only to peace officers of the United States, of other states or territories, of the insular possessions of the United States, of foreign countries duly authorized to receive the same, to all peace officers of the State of Illinois and to all prosecutorial agencies. Notwithstanding any other statutory provision to the contrary, all information obtained under this Section shall be maintained in a single State data base, which may be uploaded into a national database, and may not be subject to expungement. (g) For the purposes of this Section, "qualifying offense" means any of the following: (1) Any violation or inchoate violation of Section 11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-33 of the Criminal Code of 1961, or (1.1) Any violation or inchoate violation of Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961 for which persons are convicted
[March 20, 2001] 44 of subsection (g), until acquisition of the resources necessary to process such blood specimens, or in the case of paragraph (1.1) of subsection (g) until July 1, 2003, whichever is earlier. Upon acquisition of necessary resources, including an appropriation for the purpose of implementing this amendatory Act of the 91st General Assembly, but in the case of paragraph (1.1) of subsection (g) no later than July 1, 2003, the Department of State Police shall notify the Department of Corrections, the Administrative Office of the Illinois Courts, and any other entity deemed appropriate by the Department of State Police, to begin blood specimen collection from individuals convicted of offenses enumerated in paragraphs (1.1) and (4) of subsection (g) that the Department is prepared to provide collection equipment and receive and process blood specimens from individuals convicted of offenses enumerated in paragraph (1.1) of subsection (g). Until the Department of State Police provides notification, designated collection agencies are not required to collect blood specimen from individuals convicted of offenses enumerated in paragraphs (1.1) and (4) of subsection (g). (h) The Illinois Department of State Police shall be the State central repository for all genetic marker grouping analysis information obtained pursuant to this Act. The Illinois Department of State Police may promulgate rules for the form and manner of the collection of blood samples and other procedures for the operation of this Act. The provisions of the Administrative Review Law shall apply to all actions taken under the rules so promulgated. (i) A person required to provide a blood specimen shall cooperate with the collection of the specimen and any deliberate act by that person intended to impede, delay or stop the collection of the blood specimen is a Class A misdemeanor. (j) Any person required by subsection (a) to submit specimens of blood to the Illinois Department of State Police for analysis and categorization into genetic marker grouping, in addition to any other disposition, penalty, or fine imposed, shall pay an analysis fee of $500. Upon verified petition of the person, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay the fee. (k) All analysis and categorization fees provided for by subsection (j) shall be regulated as follows: (1) The State Offender DNA Identification System Fund is hereby created as a special fund in the State Treasury. (2) All fees shall be collected by the clerk of the court and forwarded to the State Offender DNA Identification System Fund for deposit. The clerk of the circuit court may retain the amount of $10 from each collected analysis fee to offset administrative costs incurred in carrying out the clerk's responsibilities under this Section. (3) Fees deposited into the State Offender DNA Identification System Fund shall be used by Illinois State Police crime laboratories as designated by the Director of State Police. These funds shall be in addition to any allocations made pursuant to existing laws and shall be designated for the exclusive use of State crime laboratories. These uses may include, but are not limited to, the following: (A) Costs incurred in providing analysis and genetic marker categorization as required by subsection (d). (B) Costs incurred in maintaining genetic marker groupings as required by subsection (e). (C) Costs incurred in the purchase and maintenance of equipment for use in performing analyses. (D) Costs incurred in continuing research and development of new techniques for analysis and genetic marker categorization. (E) Costs incurred in continuing education, training, and professional development of forensic scientists regularly employed by these laboratories. (l)
45 [March 20, 2001] person or agency to collect a specimen, within the 45 day period shall in no way alter the obligation of the person to submit such specimen, or the authority of the Illinois Department of State Police or persons designated by the Department to collect the specimen, or the authority of the Illinois Department of State Police to accept, analyze and maintain the specimen or to maintain or upload results of genetic marker grouping analysis information into a State or national database. (Source: P.A. 90-124, eff. 1-1-98; 90-130, eff. 1-1-98; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; 91-528, eff. 1-1-00; revised 6-13-00.) Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 539. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 539 AMENDMENT NO. 1. Amend House Bill 539 on page 1, line 7, after "Exemptions", by inserting "from tax"; and on page 9, by deleting lines 25 through 34; and by deleting lines 5 through 32 on page 10 and all of pages 11 through 33. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 659. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Aging, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 659 AMENDMENT NO. 1. Amend House Bill 659 on page 1, by replacing lines 13 through 17 with the following: "long-term care planning committee which shall consist of the following members: the Director of Aging, or his or her designee, who shall chair and convene the committee; the Director of Public Health or his or her designee; an owner of a long-term care facility, who shall be appointed to the committee by the Director of Public Health; a representative of the American Association of Retired Persons, who shall be appointed to the committee by the Director of Aging; and a representative of Area Agencies on Aging, who shall be appointed to the committee by the Director of Aging. The"; and on page 1, line 24 by inserting "family caregivers," after "services,"; and on page 2, by replacing lines 10 through 13 with the following: "(1) Evaluate the effectiveness of Area Agencies on Aging in planning and coordinating regional and local services. (2) Evaluate the effectiveness of regional or local points of"; and on page 3, line 2 by changing "Develop a" to "Strengthen the"; and by deleting lines 22 through 31 of page 4 and all of pages 5 through 11. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the
[March 20, 2001] 46 order of Third Reading. HOUSE BILL 661. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Aging, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 661 AMENDMENT NO. 1. Amend House Bill 661 on page 1, line 9, after "influenza" by inserting "in the resident's medical record"; and on page 1, lines 9 and 10, by deleting "who is age 60 or over"; and on page 1, line 16, after "year" by inserting "or as soon as practicable if vaccine supplies are not available before November 1"; and on page 1, line 19, after "admission" by inserting "or as soon as practicable if vaccine supplies are not available at the time of admission"; and on page 1, by replacing line 20 with "the vaccine is medically contraindicated or the resident has refused the vaccine. In the event that the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention determines that dates of administration other than those stated in this Act are optimal to protect the health of residents, the Department is authorized to develop rules to mandate vaccinations at those times rather than the times stated in this Act. A facility may obtain standing orders from a physician for the annual administration of influenza vaccines to residents."; and on page 1, line 22, by replacing "disease" with "pneumonia in the resident's medical record"; and on page 1, by inserting the following immediately after line 31: "(c) No action taken by a facility to administer immunizations pursuant to this Section shall in any way be construed as acceptance of liability on the part of the facility. The facility shall be held harmless from any action by a resident, family member, or other interested party for administering the immunizations as authorized by a physician."; and on page 2, line 6 after "influenza" by inserting "in the resident's medical record"; and on page 2, lines 6 and 7, by deleting "who is age 60 or over"; and on page 2, line 13, after "year" by inserting "or as soon as practicable if vaccine supplies are not available before November 1"; and on page 2, line 16, after "admission" by inserting "or as soon as practicable if vaccine supplies are not available at the time of admission"; and on page 2, by replacing line 17 with "the vaccine is medically contraindicated or the resident has refused the vaccine. In the event that the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention determines that dates of administration other than those stated in this Act are optimal to protect the health of residents, the Department is authorized to develop rules to mandate vaccinations at those times rather than the times stated in this Act. A facility may obtain standing orders from a physician for the annual administration of influenza vaccines to residents."; and on page 2, line 19, by replacing "disease" with "pneumonia in the resident's medical record"; and on page 2, by inserting the following immediately after line 28: "(c) No action taken by a facility to administer immunizations pursuant to this Section shall in any way be construed as acceptance of liability on the part of the facility. The facility shall be held harmless from any action by a resident, family member, or other interested party for administering the immunizations as authorized by a physician.".
47 [March 20, 2001] There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 376. Having been printed, was taken up and read by title a second time. Representative Ryder offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 376 AMENDMENT NO. 1. Amend House Bill 376 on page 2, by replacing lines 2 through 5 with the following: "until death is pronounced by a coroner who is not a licensed physician
[March 20, 2001] 48 HOUSE BILL 811. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary I-Civil Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 811 AMENDMENT NO. 1. Amend House Bill 811 on page 1, after line 17, by inserting the following: "Section 15. Contracts of the United States or any other state. This Act shall not apply to provisions contained in or executed in connection with any building and construction contract awarded by the United States or by any other state. Section 20. Business of selling tangible personal property. This Act shall not apply to any person primarily engaged in the business of selling tangible personal property.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 831. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 831 AMENDMENT NO. 1. Amend House Bill 831 as follows: on page 2, lines 11, 13, 15, 17, 21, 25, and 31, and on page 3, lines 3 and 9, by inserting "or attempting to purchase" after "purchasing" wherever it appears; and on page 3, lines 12 and 14, by inserting "or attempting to purchase" after "purchasing" wherever it appears; and on page 3, line 16, by inserting "or attempted to be purchased" after "purchased". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 858. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Registration & Regulation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 858 AMENDMENT NO. 1. Amend House Bill 858 as follows: by replacing everything after the enacting clause with the following: "Section 90. The Regulatory Sunset Act is amended by changing Section 4.13 and adding Section 4.22 as follows: (5 ILCS 80/4.13) (from Ch. 127, par. 1904.13) Sec. 4.13. Acts repealed on December 31, 2002. The following Acts are repealed on December 31, 2002: The Environmental Health Practitioner Licensing Act. The Naprapathic Practice Act. The Wholesale Drug Distribution Licensing Act. The Dietetic and Nutrition Practice Act. The Funeral Directors and Embalmers Licensing Code.
49 [March 20, 2001] (5 ILCS 80/4.22 new) Sec. 4.22. Act repealed on January 1, 2012. The following Act is repealed on January 1, 2012: The Clinical Professional Counselor Licensing Act. Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 909. Having been printed, was taken up and read by title a second time. Representative Hamos offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 909 AMENDMENT NO. 1. Amend House Bill 909 on page 2, by replacing lines 17 and 18 with the following: "(1) post the information on an appropriate State of Illinois Internet site;"; and on page 2, by replacing lines 27 through 32 with the following: "In addition, the information provided to the Department of Employment Security shall be provided by the prime contractor or his or her representative to any person who seeks employment directly at the job site at an office or trailer where site business is conducted. The information, or reference as to how to obtain it, shall also be posted in an easily accessible public place at the same location."; and on page 3, in line 2, by deleting ", in addition to regular agency-specific forms,"; and on page 3, in line 10, after "by", by inserting "all State agencies and". And on that motion, a vote was taken resulting as follows: 63, Yeas; 47, Nays; 22, Answering Present. (ROLL CALL 22) The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1046. Having been printed, was taken up and read by title a second time. Representative Fowler offered the following Amendment and moved it's adoption:: AMENDMENT NO. 1 TO HOUSE BILL 1046 AMENDMENT NO. 1. Amend House Bill 1046 on page 2, line 7 by inserting "by the manufacturer" after "provided"; and on page 2, by replacing line 15 with the following: "(b) The". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 1064. Having been printed, was taken up and read by title a second time.
[March 20, 2001] 50 The following amendment was offered in the Committee on Personnel & Pensions, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1064 AMENDMENT NO. 1. Amend House Bill 1064 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Pension Code is amended by changing Sections 2-110 and 14-105.1 as follows: (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 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
51 [March 20, 2001] 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 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, 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.
[March 20, 2001] 52 (E) Notwithstanding the other provisions of this Section, if application to transfer service credit from the State Employees' Retirement System under paragraph (c) of subsection (B) of this Section is made between the effective date of this amendatory Act of the 92nd General Assembly and July 1, 2002, the contribution required shall be calculated without the inclusion of any interest under item (iii) of that paragraph (c). (Source: P.A. 86-27; 86-1028; 87-794; 87-1265.) (40 ILCS 5/14-105.1) (from Ch. 108 1/2, par. 14-105.1) Sec. 14-105.1. Transfer to Article 2, 5, and 12 retirement systems. (a) Any active (and until February 1, 1993, any former) member of the General Assembly Retirement System may apply for transfer of his or her credits and creditable service accumulated under this System to
53 [March 20, 2001] AMENDMENT NO. 1 TO HOUSE BILL 1066 AMENDMENT NO. 1. Amend House Bill 1066 on page 2, line 24, before the comma, by inserting the following: "or pre-school or at a child care facility licensed under the Child Care Act of 1969"; and on page 2, lines 26, 28, and 30, after "school", by inserting ", pre-school, or child care facility" each time it appears; and on page 4, lines 27 and 29, after "school", by inserting ", pre-school, or child care facility" each time it appears; and on page 4, lines 30, 32, and 33, after "school", by inserting "or pre-school" each time it appears; and on page 5, after line 1, by inserting the following: "(3) In the case of a child care facility, the custodial parent shall send a certified copy of the order to the facility."; and on page 5, line 9, before the comma, by inserting the following: "or pre-school or at a child care facility licensed under the Child Care Act of 1969"; and on page 5, lines 11, 13, 14, and 19, after "school", by inserting ", pre-school, or child care facility" each time it appears; and on page 5, lines 20, 22, and 23, after "school", by inserting "or pre-school" each time it appears; and on page 5, after line 26, by inserting the following: "(3) In the case of a child care facility, the custodial parent shall send a certified copy of the order to the facility."; and on page 6, line 18, before the comma, by inserting the following: "or pre-school or at a child care facility licensed under the Child Care Act of 1969"; and on page 6, lines 20, 22, 23, and 28, after "school", by inserting ", pre-school, or child care facility" each time it appears; and on page 6, lines 29, 31, and 32, after "school", by inserting "or pre-school" each time it appears; and on page 7, after line 1, by inserting the following: "(3) In the case of a child care facility, the custodial parent shall send a certified copy of the order to the facility."; and on page 7, line 16, before the comma, by inserting the following: "or pre-school or at a child care facility licensed under the Child Care Act of 1969"; and on page 7, lines 18, 20, 21, and 26, after "school", by inserting ", pre-school, or child care facility" each time it appears; and on page 7, lines 27, 29, and 30, after "school", by inserting "or pre-school" each time it appears; and on page 7, after line 33, by inserting the following: "(3) In the case of a child care facility, the custodial parent shall send a certified copy of the order to the facility."; and on page 14, line 1, before the comma, by inserting the following: "or pre-school or at a child care facility licensed under the Child Care Act of 1969"; and on page 14, lines 3, 5, 6, and 12, after "school", by inserting ", pre-school, or child care facility" each time it appears; and on page 14, lines 13, 15, and 16, after "school", by inserting "or pre-school" each time it appears; and on page 14, after line 19, by inserting the following: "(3) In the case of a child care facility, the custodial parent shall send a certified copy of the order to the facility."; and on page 19, line 29, before the comma, by inserting the following: "or pre-school or at a child care facility licensed under the Child Care Act of 1969"; and on page 19, lines 31, 33, and 34, after "school", by inserting ", pre-school, or child care facility" each time it appears; and on page 21, line 34, after "school", by inserting ", pre-school, or child care facility"; and
[March 20, 2001] 54 on page 22, line 2, after "school", by inserting ", pre-school, or child care facility"; and on page 22, lines 3, 5, and 6, after "school", by inserting "or pre-school" each time it appears; and on page 22, after line 13, by inserting the following: "(3) In the case of a child care facility, the custodial parent shall send a certified copy of the order to the facility.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1006. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Registration & Regulation, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1006 AMENDMENT NO. 1. Amend House Bill 1006 by replacing everything after the enacting clause with the following: "Section 5. The Timber Buyers Licensing Act is amended by changing Sections 4, 7, 11, and 13 as follows: (225 ILCS 735/4) (from Ch. 111, par. 704) Sec. 4. Bond. Every person licensed as a timber buyer shall
55 [March 20, 2001] shall, in no event, be in the principal amount of less than $500. In the case of a timber buyer whose license has previously been suspended or revoked in Illinois or in any other state, the Department may double the applicable minimum bond amounts under this Section. A bond filed in accordance with this Act
[March 20, 2001] 56 Should the timber buyer fail to make timely request for a hearing after receipt of the notice from the Department as provided herein, or after a hearing is concluded, the Department may either withdraw the notice of violation or request the Attorney General to institute proceedings to have the bond of the timber buyer forfeited. The Attorney General, upon such request from the Department, shall institute proceedings to have the bond of the timber buyer forfeited for violation of any of the provisions of this Act or for noncompliance with any Department regulation. In the event that the licensee's bond is forfeited, the proceeds thereof shall first be applied to any sums determined to be owed to the timber grower or owner of timber cut and then to the Department to defray expenses incurred by the Department in converting the security into money. Thereafter, the Department shall pay such excess to the timber buyer who furnished such security. In the event the Department realizes less than the amount of liability from the security, after deducting expenses incurred by the Department in converting the security into money, it shall be grounds for the revocation of the timber buyer's license. (Source: P.A. 83-1362.) (225 ILCS 735/7) (from Ch. 111, par. 707) Sec. 7. License; issuance, validity, and renewal; certificate. If the Department is satisfied that the applicant has fulfilled the requirements and if the bond and sureties or bank certificate of deposit filed by the applicant is approved, the Department may
57 [March 20, 2001] Act". (e) In case of a failure to pay any harvest fee required under Section 9a of this Act on the date as required by regulation of the Department, there shall be added as a penalty an amount equal to 7.5% of the harvest fee due the Department for each month or fraction thereof during which such failure continues, not to exceed 37.5% in the aggregate. This penalty shall be in addition to any other penalty determined under this Act. (f) In case of failure to file the appropriate report of the purchase harvest fee form stipulated under Section 9a of this Act on the date prescribed therefore, a penalty in the amount of $25 for each individual report shall be added to the amount due the Department. This penalty shall be in addition to any other penalty determined under this Act. (Source: P.A. 86-208.) (225 ILCS 735/13) (from Ch. 111, par. 713) Sec. 13. License revocation. (a) The Department may revoke the license of any person who violates the provisions of this Act, and may refuse to issue any permit or license to such person for a period not to exceed 5 years following such revocation. License revocation procedures shall be established by administrative rule. (b) Whenever the holder of a license issued under this Act is found guilty of any misrepresentation in obtaining his or her license or of a violation of any of the provisions of this Act or rules adopted pursuant to this Act, the Department may: (1) revoke his or her license; (2) refuse to issue a license to that person; and (3) suspend the person from engaging in the activity requiring the license for up to 5 years following the revocation. (c) Whenever the holder of a license issued under this Act is found guilty of any misrepresentation in obtaining his or her license or of a violation of any of the provisions of this Act or rules adopted pursuant to this Act, and his or her license has been previously revoked or his or her ability to engage in the activity requiring the license has been previously suspended, the Department may: (1) revoke his or her license; (2) refuse to issue any license to that person; and (3) suspend the person from engaging in the activity requiring the license for at least 5 years but not more than 10 years following the revocation or suspension. (d) Whenever the holder of a license issued under this Act is found guilty of any misrepresentation in obtaining that license or of a violation of any of the provisions of this Act or rules adopted under this Act, and his or her license has been previously revoked or his or her ability to engage in the activity requiring the license has been suspended on 2 or more occasions, the Department may: (1) revoke his or her license; (2) refuse to issue any license to that person; and (3) suspend the person from engaging in the activity requiring the license for at least 10 years following the revocation or suspension. Department revocation procedures shall be established by administrative rule. If the holder of a license is found negligent with respect to any duty required under this Act, the Department may suspend or revoke his or her privilege to engage in the activity for which the license is required, his or her license, or both. (e) Whenever a person who has not been issued a license under this Act is found guilty of a violation of the provisions of this Act or rules adopted under this Act, the Department may: (1) refuse to issue any license to that person; and (2) suspend that person from engaging in the activity requiring the license for up to 5 years following the revocation. (f) Whenever a person who has not been issued a license under this Act is found guilty of a violation of this Act or rules adopted under
[March 20, 2001] 58 this Act and his or her license has been previously revoked or his or her ability to engage in the activity requiring the license has been previously suspended, the Department may: (1) refuse to issue any license to that person; and (2) suspend that person from engaging in the activity requiring the license for at least 5 years but not more than 10 years following the revocation or suspension. (g) Whenever a person who has not been issued a license under this Act is found guilty of a violation of this Act or rules adopted under this Act and his or her license has been previously revoked or his or her ability to engage in the activity requiring the license has been suspended on 2 or more occasions, the Department may: (1) refuse to issue any license to that person; and (2) suspend that person from engaging in the activity requiring the license for at least 10 years following the revocation or suspension. (h) Licenses authorized under this Act shall be prepared by the Department and be in such form as prescribed by the Department. The information required on each license shall be completed thereon by the issuing agent at the time of issuance and each license shall be signed by the licensee. All such licenses shall be supplied by the Department, subject to such rules as the Department may prescribe. Any license that is not properly prepared, obtained, and signed as required by this Act shall be void. (i) Any person whose license to engage in an activity regulated by this Act has been revoked or whose ability to engage in the activity requiring the license has been suspended may not, during the period of suspension or revocation: (1) hold any license authorized by this Act; (2) perform directly or indirectly any privileges authorized by any license issued in accordance with this Act; or (3) buy, sell, barter, trade, or take possession of any timber as defined in this Act, regardless of any contractual agreements entered into prior to the revocation or suspension. (j) No person may be issued a license or engage in any activity regulated by this Act for which a license is required during the time that the person's privilege to engage in the same or similar activities is suspended or revoked by another state, by a federal agency, or by a province of Canada. Any person who knowingly or intentionally violates any of the provisions of this Act, or administrative rules thereunder, when his or her license
59 [March 20, 2001] disposition subject to court order. (Source: P.A. 86-208.) (225 ILCS 740/10) (from Ch. 96 1/2, par. 6917) Sec. 10. The Department of Natural Resources may promulgate such rules and regulations as may be necessary or desirable to effectuate the purposes of this Act.
[March 20, 2001] 60 (225 ILCS 740/8 rep.) Section 15. The Forest Products Transportation Act is amended by repealing Sections 4, 7, and 8.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1094. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1094 AMENDMENT NO. 1. Amend House Bill 1094 by replacing lines 5 through 31 on page 1 and lines 1 through 15 on page 2 with the following: "Sections 21-165 and 22-10 as follows:"; and on page 2, immediately below line 24, by inserting the following: "(35 ILCS 200/22-10) Sec. 22-10. Notice of expiration of period of redemption. A purchaser or assignee shall not be entitled to a tax deed to the property sold unless, not less than 3 months nor more than 5 months prior to the expiration of the period of redemption, he or she gives notice of the sale and the date of expiration of the period of redemption to the owners, occupants, and parties interested in the property, including any mortgagee of record, as provided below. The Notice to be given to the parties shall be in at least 10 point type in the following form completely filled in: TAX DEED NO. .................... FILED .................... TAKE NOTICE County of ......................................................... Date Premises Sold ................................................ Certificate No. .................................................. Sold for General Taxes of (year) .................................. Sold for Special Assessment of (Municipality) and special assessment number ..................................... Warrant No. ................ Inst. No. ................. THIS PROPERTY HAS BEEN SOLD FOR DELINQUENT TAXES Property located at ................................................... Legal Description or Property Index No. ............................... ....................................................................... ....................................................................... This notice is to advise you that the above property has been sold for delinquent taxes and that the period of redemption from the sale will expire on ........................................................ ....................................................................... The amount to redeem is subject to increase at 6 month intervals from the date of sale and may be further increased if the purchaser at the tax sale or his or her assignee pays any subsequently accruing taxes or special assessments to redeem the property from subsequent forfeitures or tax sales. Check with the county clerk as to the exact amount you owe before redeeming. This notice is also to advise you that a petition has been filed for a tax deed which will transfer title and the right to possession of this property if redemption is not made on or before .................. This matter is set for hearing in the Circuit Court of this county in ...., Illinois on ..... You may be present at this hearing but your right to redeem will already have expired at that time. YOU ARE URGED TO REDEEM IMMEDIATELY TO PREVENT LOSS OF PROPERTY Redemption can be made at any time on or before .... by applying
61 [March 20, 2001] to the County Clerk of ...., County, Illinois at the County Court House in ...., Illinois. For further information contact the County Clerk. .......................... Purchaser or Assignee. In counties with 3,000,000 or more inhabitants, the notice shall also state the address, room number and time at which the matter is set for hearing. This amendatory Act of 1996 applies only to matters in which a petition for tax deed is filed on or after the effective date of this amendatory Act of 1996. (Source: P.A. 91-357, eff. 7-29-99.)". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. Having been printed, the following bill was taken up, read by title a second time and held on the order of Second Reading: HOUSE BILL 1741. HOUSE BILL 1807. Having been printed, was taken up and read by title a second time. Representative Feigenholtz offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1807 AMENDMENT NO. 1. Amend House Bill 1807 on page 3, by deleting lines 16 through 18; and on page 3, line 19, by changing "(7)" to "(4)"; and on page 3, line 20, by changing "(8)" to "(5)"; and on page 3, by deleting lines 21 and 22; and on page 3, line 23, by changing "(11)" to "(6)"; and on page 3, line 24, by changing "(12)" to "(7)"; and on page 3, by deleting line 25; and on page 7, by replacing lines 9 through 12 with the following: "her healthcare and the patient is otherwise eligible for medical assistance under this Article.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. Having been printed, the following bill was taken up, read by title a second time and held on the order of Second Reading: HOUSE BILL 1869. HOUSE BILL 1923. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1923 AMENDMENT NO. 1. Amend House Bill 1923 as follows: on page 1, by deleting lines 4 through 31; and on page 2, by deleting lines 1 through 13; and on page 4, by deleting lines 9 through 21. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading.
[March 20, 2001] 62 HOUSE BILL 1932. Having been printed, was taken up and read by title a second time. Representative Hartke offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1932 AMENDMENT NO. 1. Amend House Bill 1932 on page 3, line 10, by replacing "2 years" with "one year"; and on page 3, line 11, by replacing "2 years" with "one year". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1961. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Prison Management Reform, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1961 AMENDMENT NO. 1. Amend House Bill 1961 as follows: on page 12, by inserting after line 11 the following: "(o) If a county establishes a pilot residential and treatment program for women, the State shall fund the program from moneys appropriated by the General Assembly to the county for that purpose.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2011. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on State Government Administration, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2011 AMENDMENT NO. 1. Amend House Bill 2011 by replacing the title with the following: "AN ACT in relation to identification."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Identification Card Act is amended by changing Section 4 as follows: (15 ILCS 335/4) (from Ch. 124, par. 24) Sec. 4. Identification Card. (a) The Secretary of State shall issue a standard Illinois Identification Card to any natural person who is a resident of the State of Illinois who applies for such card, or renewal thereof, or who applies for a standard Illinois Identification Card upon release as a committed person on parole, mandatory supervised release, final discharge, or pardon from the Department of Corrections by submitting an identification card issued by the Department of Corrections under Section 3-14-1 of the Unified Code of Corrections, together with the prescribed fees. The card shall be prepared and supplied by the Secretary of State and shall include a photograph of the applicant. The applicant, upon receipt of a card and prior to its use for any purpose, shall affix his signature thereon in the space provided therefor. The Illinois Identification Card may be used for
63 [March 20, 2001] identification purposes in any lawful situation only by the person to whom it was issued. As used in this Act, "photograph" means any color photograph or digitally produced and captured image of an applicant for an identification card. As used in this Act, "signature" means the name of a person as written by that person and captured in a manner acceptable to the Secretary of State. (b) The Secretary of State shall issue a special Illinois Identification Card, which shall be known as an Illinois Disabled Person Identification Card, to any natural person who is a resident of the State of Illinois, who is a disabled person as defined in Section 4A of this Act, who applies for such card, or renewal thereof. The Secretary of State shall charge no fee to issue such card. The card shall be prepared and supplied by the Secretary of State, and shall include a photograph of the applicant, a designation indicating that the card is an Illinois Disabled Person Identification Card, and shall include a comprehensible designation of the type and classification of the applicant's disability as set out in Section 4A of this Act. If the applicant so requests, the card shall include a description of the applicant's disability and any information about the applicant's disability or medical history which the Secretary determines would be helpful to the applicant in securing emergency medical care. The applicant, upon receipt of such a card and prior to its use for any purpose, shall have affixed thereon in the space provided therefor his signature or mark. If a mark is used in lieu of a signature, such mark shall be affixed to the card in the presence of two witnesses who attest to the authenticity of the mark. The Illinois Disabled Person Identification Card may be used for identification purposes in any lawful situation by the person to whom it was issued. The Illinois Disabled Person Identification Card may be used as adequate documentation of disability in lieu of a physician's determination of disability or any other documentation of disability whenever any State law requires that a disabled person provide such documentation of disability, however an Illinois Disabled Person Identification Card shall not qualify the cardholder to participate in any program or to receive any benefit which is not available to all persons with like disabilities. Notwithstanding any other provisions of law, an Illinois Disabled Person Identification Card, or evidence that the Secretary of State has issued an Illinois Disabled Person Identification Card, shall not be used by any person other than the person named on such card to prove that the person named on such card is a disabled person or for any other purpose unless the card is used for the benefit of the person named on such card, and the person named on such card consents to such use at the time the card is so used. When medical information is contained on an Illinois Disabled Person Identification Card, the Office of the Secretary of State shall not be liable for any actions taken based upon that medical information. (c) Beginning January 1, 1986, the Secretary of State shall provide that each original or renewal Illinois Identification Card or Illinois Disabled Person Identification Card issued to a person under the age of 21, shall be of a distinct nature from those Illinois Identification Cards or Illinois Disabled Person Identification Cards issued to individuals 21 years of age or older. The color designated for Illinois Identification Cards or Illinois Disabled Person Identification Cards for persons under the age of 21 shall be at the discretion of the Secretary of State. (d) The Secretary of State may issue a Senior Citizen discount card, to any natural person who is a resident of the State of Illinois who is 60 years of age or older and who applies for such a card or renewal thereof. The Secretary of State shall charge no fee to issue such card. The card shall be issued in every county and applications shall be made available at, but not limited to, nutrition sites, senior citizen centers and Area Agencies on Aging. The applicant, upon receipt of such card and prior to its use for any purpose, shall have affixed thereon in the space provided therefor his signature or mark. (Source: P.A. 90-191, eff. 1-1-98.)
[March 20, 2001] 64 Section 10. The Unified Code of Corrections is amended by changing Section 3-14-1 as follows: (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1) Sec. 3-14-1. Release from the Institution. (a) Upon release of a person on parole, mandatory release, final discharge or pardon the Department shall return all property held for him, provide him with suitable clothing and procure necessary transportation for him to his designated place of residence and employment. It may provide such person with a grant of money for travel and expenses which may be paid in installments. The amount of the money grant shall be determined by the Department. The Department of Corrections may establish and maintain, in any institution it administers, revolving funds to be known as "Travel and Allowances Revolving Funds". These revolving funds shall be used for advancing travel and expense allowances to committed, paroled, and discharged prisoners. The moneys paid into such revolving funds shall be from appropriations to the Department for Committed, Paroled, and Discharged Prisoners. (b) (Blank). (c) Except as otherwise provided in this Code, the Department shall establish procedures to provide written notification of any release of any person who has been convicted of a felony to the State's Attorney and sheriff of the county from which the offender was committed, and the State's Attorney and sheriff of the county into which the offender is to be paroled or released. Except as otherwise provided in this Code, the Department shall establish procedures to provide written notification to the proper law enforcement agency for any municipality of any release of any person who has been convicted of a felony if the arrest of the offender or the commission of the offense took place in the municipality, if the offender is to be paroled or released into the municipality, or if the offender resided in the municipality at the time of the commission of the offense. If a person convicted of a felony who is in the custody of the Department of Corrections or on parole or mandatory supervised release informs the Department that he or she has resided, resides, or will reside at an address that is a housing facility owned, managed, operated, or leased by a public housing agency, the Department must send written notification of that information to the public housing agency that owns, manages, operates, or leases the housing facility. The written notification shall, when possible, be given at least 14 days before release of the person from custody, or as soon thereafter as possible. (c-1) (Blank). (d) Upon the release of a committed person on parole, mandatory supervised release, final discharge or pardon, the Department shall provide such person with information concerning programs and services of the Illinois Department of Public Health to ascertain whether such person has been exposed to the human immunodeficiency virus (HIV) or any identified causative agent of Acquired Immunodeficiency Syndrome (AIDS). (e) Upon the release of a committed person on parole, mandatory supervised release, final discharge, or pardon, the Department shall provide the person who has met the criteria established by the Department with an identification card identifying the person as being on parole, mandatory supervised release, final discharge, or pardon, as the case may be. The Department, in consultation with the Office of the Secretary of State, shall prescribe the form of the identification card, which may be similar to the form of the standard Illinois Identification Card. The Department shall inform the committed person that he or she may present the identification card to the Office of the Secretary of State upon application for a standard Illinois Identification Card in accordance with the Illinois Identification Card Act. The Department shall require the committed person to pay a $1 fee for the identification card. For purposes of a committed person receiving an identification card issued by the Department under this subsection, the Department shall establish criteria that the committed person must meet before the card
65 [March 20, 2001] is issued. It is the sole responsibility of the committed person requesting the identification card issued by the Department to meet the established criteria. The person's failure to meet the criteria is sufficient reason to deny the committed person the identification card. An identification card issued by the Department under this subsection shall be valid for a period of time not to exceed 30 calendar days from the date the card is issued. The Department shall not be held civilly or criminally liable to anyone because of any act of any person utilizing a card issued by the Department under this subsection. The Department shall adopt rules governing the issuance of identification cards to committed persons being released on parole, mandatory supervised release, final discharge, or pardon. (Source: P.A. 91-506, eff. 8-13-99; 91-695, eff. 4-13-00.)". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2027. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Human Services, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2027 AMENDMENT NO. 1. Amend House Bill 2027 as follows: on page 1, below line 17, by inserting the following: "The Department of Human Services and the Department on Aging shall jointly adopt administrative rules governing the program consistent with this amendatory Act of the 92nd General Assembly. The Department of Human Services and the Department on Aging shall jointly establish an advisory committee to advise the Secretary of Human Services and the Director on Aging on rulemaking, policies, and procedures under which this program shall operate. The advisory committee shall consist of 9 members and shall include: (1) at least 3 individuals under the age of 60 appointed by the Secretary of Human Services and representing different disabilities; (2) 3 individuals aged 60 or over appointed by the Director on Aging and representing different disabilities; (3) a representative of an area agency on aging; (4) the Executive Director or his or her designee of the Statewide Independent Living Council; and (5) the Executive Director or his or her designee of the Coalition of Citizens with Disabilities."; and on page 2, below line 2, by inserting the following: "The Department of Human Services and the Department on Aging shall jointly adopt administrative rules governing the program consistent with this amendatory Act of the 92nd General Assembly. The Department of Human Services and the Department on Aging shall jointly establish an advisory committee to advise the Secretary of Human Services and the Director on Aging on rulemaking, policies, and procedures under which this program shall operate. The advisory committee shall consist of 9 members and shall include: (1) at least 3 individuals under the age of 60 appointed by the Secretary of Human Services and representing different disabilities; (2) 3 individuals aged 60 or over appointed by the Director on Aging and representing different disabilities; (3) a representative of an area agency on aging; (4) the Executive Director or his or her designee of the Statewide Independent Living Council; and (5) the Executive Director or his or her designee of the Coalition of Citizens with Disabilities."; and on page 2, line 8, by replacing "Upon a recipient's discharge from a facility" with the following: "At least 60 days prior to a recipient's transition from a nursing home, group home, or other setting that segregates based on disability, or when a recipient is identified as being at risk of placement into
[March 20, 2001] 66 such a setting"; and on page 2, line 20, after the period, by inserting the following: "The recipient may obtain an increased monthly amount of rental assistance if this is needed for the recipient to obtain accessible housing."; and on page 2, line 25, after "locating housing", by inserting the following: "and support services needed to maintain independence in the community"; and on page 3, line 4, by replacing "Upon a recipient's discharge from a facility" with the following: "At least 60 days prior to a recipient's transition from a nursing home, group home, or other setting that segregates based on disability, or when a recipient is identified as being at risk of placement into such a setting"; and on page 3, line 16, after the period, by inserting the following: "The recipient may obtain an increased monthly amount of rental assistance if this is needed for the recipient to obtain accessible housing."; and on page 3, line 21, after "locating housing", by inserting the following: "and support services needed to maintain independence in the community". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2054. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Conservation & Land Use, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2054 AMENDMENT NO. 1. Amend House Bill 2054 on page 1, by replacing lines 10 through 15 with the following: "separate ballot and shall read as follows: Should the Illinois General Assembly protect and enhance the State's recreational open space, natural areas, and farmland for future generations by approving legislation to increase the Illinois State sales tax by 2/10 of one percent which would fund an Illinois Land Preservation Initiative?". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1812. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1812 AMENDMENT NO. 1. Amend House Bill 1812 as follows: on page 1, line 6, after "9-1,", by inserting "12-2,"; and on page 6, line 27, after "by", by inserting "reason of"; and on page 6, line 29, by deleting ", and the murdered victim was not a member of an"; and on page 6, line 30, by deleting "organized gang"; and on page 10, below line 12, by inserting the following: "(720 ILCS 5/12-2) (from Ch. 38, par. 12-2) Sec. 12-2. Aggravated assault. (a) A person commits an aggravated assault, when, in committing an
67 [March 20, 2001] assault, he or she: (1) Uses a deadly weapon or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm in the direction of another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer or a fireman or in the direction of a vehicle occupied by another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer or a fireman while the officer or fireman is engaged in the execution of any of his official duties, or to prevent the officer or fireman from performing his official duties, or in retaliation for the officer or fireman performing his official duties; (2) Is hooded, robed or masked in such manner as to conceal his identity or any device manufactured and designed to be substantially similar in appearance to a firearm; (3) Knows the individual assaulted to be a teacher or other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes; (4) Knows the individual assaulted to be a supervisor, director, instructor or other person employed in any park district and such supervisor, director, instructor or other employee is upon the grounds of the park or grounds adjacent thereto, or is in any part of a building used for park purposes; (5) Knows the individual assaulted to be a caseworker, investigator, or other person employed by the State Department of Public Aid, a County Department of Public Aid, or the Department of Human Services (acting as successor to the Illinois Department of Public Aid under the Department of Human Services Act) and such caseworker, investigator, or other person is upon the grounds of a public aid office or grounds adjacent thereto, or is in any part of a building used for public aid purposes, or upon the grounds of a home of a public aid applicant, recipient or any other person being interviewed or investigated in the employees' discharge of his duties, or on grounds adjacent thereto, or is in any part of a building in which the applicant, recipient, or other such person resides or is located; (6) Knows the individual assaulted to be a peace officer, or a community policing volunteer, or a fireman while the officer or fireman is engaged in the execution of any of his official duties, or to prevent the officer, community policing volunteer, or fireman from performing his official duties, or in retaliation for the officer, community policing volunteer, or fireman performing his official duties, and the assault is committed other than by the discharge of a firearm in the direction of the officer or fireman or in the direction of a vehicle occupied by the officer or fireman; (7) Knows the individual assaulted to be an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver or other medical assistance or first aid personnel employed by a municipality or other governmental unit engaged in the execution of any of his official duties, or to prevent the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his official duties, or in retaliation for the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel performing his official duties; (8) Knows the individual assaulted to be the driver, operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire and the individual assaulted is then performing in such capacity or then using such public transportation as a passenger or
[March 20, 2001] 68 using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location; (9) Or the individual assaulted is on or about a public way, public property, or public place of accommodation or amusement; (10) Knows the individual assaulted to be an employee of the State of Illinois, a municipal corporation therein or a political subdivision thereof, engaged in the performance of his authorized duties as such employee; (11) Knowingly and without legal justification, commits an assault on a physically handicapped person; (12) Knowingly and without legal justification, commits an assault on a person 60 years of age or older; (13) Discharges a firearm; (14) Knows the individual assaulted to be a correctional officer, while the officer is engaged in the execution of any of his or her official duties, or to prevent the officer from performing his or her official duties, or in retaliation for the officer performing his or her official duties;
69 [March 20, 2001] should know is occupied by another person, and the firearm is discharged from a place or position outside the vehicle or building"; and on page 18, line 18, by deleting "who is not a member of"; and on page 18, line 19, by deleting "an organized gang"; and on page 18, line 32, by replacing "or" with "
[March 20, 2001] 70 (d) The summary shall display on the inside of its cover, printed in capital letters and bold face type, the following paragraph: "The information contained in this brochure is only for the purpose of assisting you, the patient, in understanding the medical information and advice offered by your physician. This brochure cannot serve as a substitute for the sound professional advice of your physician. The availability of this brochure or the information contained within is not intended to alter, in any way, the existing physician-patient relationship, nor the existing professional obligations of your physician in the delivery of medical services to you, the patient." (e) The Department shall periodically survey hospitals, public health centers, and physicians to whom the summary is distributed to assess utilization by the women that are served. (Source: P.A. 91-239, eff. 1-1-00.) (20 ILCS 2310/2310-430) (was 20 ILCS 2310/55.69) Sec. 2310-430. Women's health issues. (a) The Department shall designate a member of its staff to handle women's health issues not currently or adequately addressed by the Department. (b) The staff person's duties shall include, without limitation: (1) Assisting in the assessment of the health needs of women in the State. (2) Recommending treatment methods and programs that are sensitive and relevant to the unique characteristics of women. (3) Promoting awareness of women's health concerns and encouraging, promoting, and aiding in the establishment of women's services. (4) Providing adequate and effective opportunities for women to express their views on Departmental policy development and program implementation. (5) Providing information to the members of the public, patients, and health care providers regarding women's gynecological cancers, including but not limited to the signs and symptoms, risk factors, the benefits of early detection through appropriate diagnostic testing, and treatment options, as well as information concerning the health risks associated with lead poisoning (including the risk of breast-feeding a newborn infant by a woman whose level of lead poisoning is identified as posing a risk to a nursing infant) and the need for screening for lead poisoning. (6) Publishing the health care summary required under Section 2310-425
71 [March 20, 2001] printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2099. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Personnel & Pensions, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2099 AMENDMENT NO. 1. Amend House Bill 2099 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Pension Code is amended by changing Sections 8-110, 8-113, 8-120, 8-137, 8-138, 8-150.1, 8-158, 8-161, 8-167, 8-168, 8-171, 8-227, 8-230.7, 8-243.2, 11-125.8, 11-134, 11-134.1, 11-145.1, 11-153, 11-156, 11-164, 11-167, and 15-112 and adding Sections 5-233.1, 8-230.9, and 8-230.10 as follows: (40 ILCS 5/5-233.1 new) Sec. 5-233.1. Transfer of creditable service to Article 8 or 11 fund. A person who (i) is an active participant in a fund established under Article 8 or 11 of this Code and (ii) has at least 10 and no more than 22 years of creditable service in this Fund may, within the 90 days following the effective date of this Section, apply for transfer of of his or her credits and creditable service accumulated in this Fund to the Article 8 or 11 fund. At the time of the transfer, this Fund shall pay to the Article 8 or 11 fund an amount consisting of: (1) the amounts credited to the applicant through employee contributions for the service to be transferred, including interest; and (2) the corresponding municipality credits, including interest, on the books of the Fund on the date of transfer. Participation in this Fund with respect to the credits transferred shall terminate on the date of transfer. (40 ILCS 5/8-110) (from Ch. 108 1/2, par. 8-110) Sec. 8-110. Employer. "Employer": (1) a city of more than 500,000 inhabitants; (2)
[March 20, 2001] 72 appointment or in a position exempt from the classified service as set forth in the Civil Service Act, or in a provisional or exempt position as specified in the personnel ordinance, who meets the following qualifications: (1) has rendered service during not less than 12 calendar months to an employer as an employee, officer, or official, 4 months of which must have been consecutive full normal working months of service rendered immediately prior to filing application to be included; and (2) files written application with the board, while in the service, to be included hereunder. (e) After December 31, 1949, any alderman or other officer or official of the employer, who files, while in office, written application with the board to be included hereunder. (f) Beginning January 1, 1984, any person employed by an employer other than the Chicago Housing Authority or the Public Building Commission of the city, whether or not such person is serving by temporary appointment or in a position exempt from the classified service as set forth in the Civil Service Act, or in a provisional or exempt position as specified in the personnel ordinance, provided that such person is neither (1) an alderman or other officer or official of the employer, nor (2) participating, on the basis of such employment, in any other pension fund or retirement system established under this Act. (g) After December 31, 1959, any person employed in the law department of the city, or municipal court or Board of Election Commissioners of the city, who was a contributor and participant, on December 31, 1959, in the annuity and benefit fund in operation in the city on said date, by virtue of the Court and Law Department Employees' Annuity Act or the Board of Election Commissioners Employees' Annuity Act. After December 31, 1959, the foregoing definition includes any other person employed or to be employed in the law department, or municipal court (other than as a judge), or Board of Election Commissioners (if his salary is provided by appropriation of the city council of the city and his salary paid by the city) -- subject, however, in the case of such persons not participants on December 31, 1959, to compliance with the same qualifications and restrictions otherwise set forth in this Section and made generally applicable to employees or officers of the city concerning eligibility for participation or membership. (h) After December 31, 1965, any person employed in the public library of the city -- and any other person -- who was a contributor and participant, on December 31, 1965, in the pension fund in operation in the city on said date, by virtue of the Public Library Employees' Pension Act. (i) After December 31, 1968, any person employed in the house of correction of the city, who was a contributor and participant, on December 31, 1968, in the pension fund in operation in the city on said date, by virtue of the House of Correction Employees' Pension Act. (j) Any person employed full-time on or after the effective date of this amendatory Act of the 92nd General Assembly by the Chicago Housing Authority who has elected to participate in this Fund as provided in subsection (a) of Section 8-230.9. (k) Any person employed full-time by the Public Building Commission of the city who has elected to participate in this Fund as provided in subsection (d) of Section 8-230.7. (Source: P.A. 83-802.) (40 ILCS 5/8-120) (from Ch. 108 1/2, par. 8-120) Sec. 8-120. Child or children. "Child" or "children": The natural child or children, or any child or children legally adopted by an employee at least one year prior to the date any benefit for the child or children accrues
73 [March 20, 2001] (a) An employee who retired or retires from service after December 31, 1959 and before January 1, 1987, having attained age 60 or more, shall, in January of the year after the year in which the first anniversary of retirement occurs, have the amount of his then fixed and payable monthly annuity increased by 1 1/2%, and such first fixed annuity as granted at retirement increased by a further 1 1/2% in January of each year thereafter. Beginning with January of the year 1972, such increases shall be at the rate of 2% in lieu of the aforesaid specified 1 1/2%, and beginning with January of the year 1984 such increases shall be at the rate of 3%. Beginning in January of 1999, such increases shall be at the rate of 3% of the currently payable monthly annuity, including any increases previously granted under this Article. An employee who retires on annuity after December 31, 1959 and before January 1, 1987, but before age 60, shall receive such increases beginning in January of the year after the year in which he attains age 60. An employee who retires from service on or after January 1, 1987 shall, upon the first annuity payment date following the first anniversary of the date of retirement, or upon the first annuity payment date following attainment of age 60, whichever occurs later, have his then fixed and payable monthly annuity increased by 3%, and such annuity shall be increased by an additional 3% of the original fixed annuity on the same date each year thereafter. Beginning in January of 1999, such increases shall be at the rate of 3% of the currently payable monthly annuity, including any increases previously granted under this Article. (a-5) Notwithstanding the provisions of subsection (a), upon the first annuity payment date following (1) the third anniversary of retirement, (2) the attainment of age 53, or (3) the date 60 days after the effective date of this amendatory Act of the 92nd General Assembly, whichever occurs latest, the monthly pension of an employee who retires on annuity prior to the attainment of age 60 who has not received an increase under subsection (a) shall be increased by 3%, and such annuity shall be increased by an additional 3% of the current payable monthly annuity, including such increases previously granted under this Article, on the same date each year thereafter. The increases provided under this subsection are in lieu of the increases provided in subsection (a). (b) Subsections (a) and (a-5) are
[March 20, 2001] 74 20 years of service, for whom the amount of age and service and prior service annuity combined is less than the amount stated in this Section, shall from the date of withdrawal, instead of all annuities otherwise provided, be entitled to receive an annuity for life of $150 a year, plus 1 1/2% for each year of service, to and including 20 years, and 1 2/3% for each year of service over 20 years, of his highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal. An employee who withdraws after 20 or more years of service, before age 65, shall be entitled to such annuity, to begin not earlier than upon attained age of 55 years if under such age at withdrawal, reduced by 2% for each full year or fractional part thereof that his attained age is less than 65, plus an additional 2% reduction for each full year or fractional part thereof that his attained age when annuity is to begin is less than 60 so that the total reduction at age 55 shall be 30%. (b) An employee who withdraws after July 1, 1957, at age 60 or over, with 20 or more years of service, for whom the age and service and prior service annuity combined, is less than the amount stated in this paragraph, shall, from the date of withdrawal, instead of such annuities, be entitled to receive an annuity for life equal to 1 2/3% for each year of service, of the highest average annual salary for any 5 consecutive years within the last 10 years of service immediately preceding the date of withdrawal; provided, that in the case of any employee who withdraws on or after July 1, 1971, such employee age 60 or over with 20 or more years of service, shall receive an annuity for life equal to 1.67% for each of the first 10 years of service; 1.90% for each of the next 10 years of service; 2.10% for each year of service in excess of 20 but not exceeding 30; and 2.30% for each year of service in excess of 30, based on the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal. An employee who withdraws after July 1, 1957 and before January 1, 1988, with 20 or more years of service, before age 60 years is entitled to annuity, to begin not earlier than upon attained age of 55 years, if under such age at withdrawal, as computed in the last preceding paragraph, reduced 0.25% for each full month or fractional part thereof that his attained age when annuity is to begin is less than 60 if the employee was born before January 1, 1936, or 0.5% for each such month if the employee was born on or after January 1, 1936. Any employee born before January 1, 1936, who withdraws with 20 or more years of service, and any employee with 20 or more years of service who withdraws on or after January 1, 1988, may elect to receive, in lieu of any other employee annuity provided in this Section, an annuity for life equal to 1.80% for each of the first 10 years of service, 2.00% for each of the next 10 years of service, 2.20% for each year of service in excess of 20 but not exceeding 30, and 2.40% for each year of service in excess of 30, of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal, to begin not earlier than upon attained age of 55 years, if under such age at withdrawal, reduced 0.25% for each full month or fractional part thereof that his attained age when annuity is to begin is less than 60; except that an employee retiring on or after January 1, 1988, at age 55 or over but less than age 60, having at least 35 years of service, or an employee retiring on or after July 1, 1990, at age 55 or over but less than age 60, having at least 30 years of service, or an employee retiring on or after the effective date of this amendatory Act of 1997, at age 55 or over but less than age 60, having at least 25 years of service, shall not be subject to the reduction in retirement annuity because of retirement below age 60. However, in the case of an employee who retired on or after January 1, 1985 but before January 1, 1988, at age 55 or older and with at least 35 years of service, and who was subject under this subsection (b) to the reduction in retirement annuity because of retirement below age 60, that reduction shall cease to be effective January 1, 1991, and
75 [March 20, 2001] the retirement annuity shall be recalculated accordingly. Any employee who withdraws on or after July 1, 1990, with 20 or more years of service, may elect to receive, in lieu of any other employee annuity provided in this Section, an annuity for life equal to 2.20% for each year of service if withdrawal is before 60 days after the effective date of this amendatory Act of the 92nd General Assembly, or 2.40% for each year of service if withdrawal is 60 days after the effective date of this amendatory Act of the 92nd General Assembly or later, of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal, to begin not earlier than upon attained age of 55 years, if under such age at withdrawal, reduced 0.25% for each full month or fractional part thereof that his attained age when annuity is to begin is less than 60; except that an employee retiring at age 55 or over but less than age 60, having at least 30 years of service, shall not be subject to the reduction in retirement annuity because of retirement below age 60. Any employee who withdraws on or after the effective date of this amendatory Act of 1997 with 20 or more years of service may elect to receive, in lieu of any other employee annuity provided in this Section, an annuity for life equal to 2.20%
[March 20, 2001] 76 (f) An employee in service on July 1, 1947, or who became a contributor after July 1, 1947 and before attainment of age 70, who withdraws after age 65, with less than 20 years of service for whom the annuity has been fixed under this Article shall, instead of the annuity so fixed, receive an annuity as follows: Such amount as he could have received had the accumulated amounts for annuity been improved with interest at the effective rate to the date of his withdrawal, or to attainment of age 70, whichever is earlier, and had the city contributed to such earlier date for age and service annuity the amount that it would have contributed had he been under age 65, after the date his annuity was fixed in accordance with this Article, and assuming his annuity were computed from such accumulations as of his age on such earlier date. The annuity so computed shall not exceed the annuity which would be payable under the other provisions of this Section if the employee was credited with 20 years of service and would qualify for annuity thereunder. (g) Instead of the annuity provided in this Article, an employee having attained age 65 with at least 15 years of service who withdraws from service on or after July 1, 1971 and whose annuity computed under other provisions of this Article is less than the amount provided under this paragraph, is entitled to a minimum annuity for life equal to 1% of the highest average annual salary, as salary is defined and limited in this Section for any 4 consecutive years within the last 10 years of service for each year of service, plus the sum of $25 for each year of service. The annuity shall not exceed 60% of such highest average annual salary. (g-1) Instead of any other retirement annuity provided in this Article, an employee who has at least 10 years of service and withdraws from service on or after January 1, 1999 may elect to receive a retirement annuity for life, beginning no earlier than upon attainment of age 60, equal to 2.2% if withdrawal is before 60 days after the effective date of this amendatory Act of the 92nd General Assembly or 2.4% if withdrawal is 60 days after the effective date of this amendatory Act of the 92nd General Assembly or later, of final average salary for each year of service, subject to a maximum of 75% of final average salary if withdrawal is before 60 days after the effective date of this amendatory Act of the 92nd General Assembly, or 80% if withdrawal is 60 days after the effective date of this amendatory Act of the 92nd General Assembly or later. For the purpose of calculating this annuity, "final average salary" means the highest average annual salary for any 4 consecutive years in the last 10 years of service. (h) The minimum annuities provided under this Section shall be paid in equal monthly installments. (i) The amendatory provisions of part (b) and (g) of this Section shall be effective July 1, 1971 and apply in the case of every qualifying employee withdrawing on or after July 1, 1971. (j) The amendatory provisions of this amendatory Act of 1985 (P.A. 84-23) relating to the discount of annuity because of retirement prior to attainment of age 60, and to the retirement formula, for those born before January 1, 1936, shall apply only to qualifying employees withdrawing on or after July 18, 1985. (k) Beginning on January 1, 1999, the minimum amount of employee's annuity shall be $850 per month for life for the following classes of employees, without regard to the fact that withdrawal occurred prior to the effective date of this amendatory Act of 1998: (1) any employee annuitant alive and receiving a life annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity; (2) any employee annuitant alive and receiving a term annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity; (3) any employee annuitant alive and receiving a reciprocal annuity on the effective date of this amendatory Act of 1998, whose service in this fund is at least 5 years; (4) any employee annuitant withdrawing after age 60 on or after the effective date of this amendatory Act of 1998, with at
77 [March 20, 2001] least 10 years of service in this fund. The increases granted under items (1), (2) and (3) of this subsection (k) shall not be limited by any other Section of this Act. (Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97; 90-766, eff. 8-14-98.) (40 ILCS 5/8-150.1) (from Ch. 108 1/2, par. 8-150.1) Sec. 8-150.1. Minimum annuities for widows. The widow (otherwise eligible for widow's annuity under other Sections of this Article 8) of an employee hereinafter described, who retires from service or dies while in the service subsequent to the effective date of this amendatory provision, and for which widow the amount of widow's annuity and widow's prior service annuity combined, fixed or provided for such widow under other provisions of this Article is less than the amount provided in this Section, shall, from and after the date her otherwise provided annuity would begin, in lieu of such otherwise provided widow's and widow's prior service annuity, be entitled to the following indicated amount of annuity: (a) The widow of any employee who dies while in service on or after the date on which he attains age 60 if the death occurs before July 1, 1990, or on or after the date on which he attains age 55 if the death occurs on or after July 1, 1990, with at least 20 years of service, or on or after the date on which he attains age 50 if the death occurs on or after the effective date of this amendatory Act of 1997 with at least 30 years of service, shall be entitled to an annuity equal to one-half of the amount of annuity which her deceased husband would have been entitled to receive had he withdrawn from the service on the day immediately preceding the date of his death, conditional upon such widow having attained the age of 60 or more years on such date if the death occurs before July 1, 1990, or age 55 or more if the death occurs on or after July 1, 1990, or age 50 or more if the death occurs on or after January 1, 1998 and the employee is age 50 or over with at least 30 years of service or age 55 or over with at least 25 years of service. Except as provided in subsection (k), this widow's annuity shall not, however, exceed the sum of $500 a month if the employee's death in service occurs before January 23, 1987. The widow's annuity shall not be limited to a maximum dollar amount if the employee's death in service occurs on or after January 23, 1987. If the employee dies in service before July 1, 1990, and if such widow of such described employee shall not be 60 or more years of age on such date of death, the amount provided in the immediately preceding paragraph for a widow 60 or more years of age, shall, in the case of such younger widow, be reduced by 0.25% for each month that her then attained age is less than 60 years if the employee was born before January 1, 1936 or dies in service on or after January 1, 1988, or by 0.5% for each month that her then attained age is less than 60 years if the employee was born on or after July 1, 1936 and dies in service before January 1, 1988. If the employee dies in service on or after July 1, 1990, and if the widow of the employee has not attained age 55 on or before the employee's date of death, the amount otherwise provided in this subsection (a) shall be reduced by 0.25% for each month that her then attained age is less than 55 years; except that if the employee dies in service on or after January 1, 1998 at age 50 or over with at least 30 years of service or at age 55 or over with at least 25 years of service, there shall be no reduction due to the widow's age if she has attained age 50 on or before the employee's date of death, and if the widow has not attained age 50 on or before the employee's date of death the amount otherwise provided in this subsection (a) shall be reduced by 0.25% for each month that her then attained age is less than 50 years. (b) The widow of any employee who dies subsequent to the date of his retirement on annuity, and who so retired on or after the date on which he attained the age of 60 or more years if retirement occurs before July 1, 1990, or on or after the date on which he attained age 55 if retirement occurs on or after July 1, 1990, with at least 20 years of service, or on or after the date on which he attained age 50
[March 20, 2001] 78 if the retirement occurs on or after the effective date of this amendatory Act of 1997 with at least 30 years of service, shall be entitled to an annuity equal to one-half of the amount of annuity which her deceased husband received as of the date of his retirement on annuity, conditional upon such widow having attained the age of 60 or more years on the date of her husband's retirement on annuity if retirement occurs before July 1, 1990, or age 55 or more if retirement occurs on or after July 1, 1990, or age 50 or more if the retirement on annuity occurs on or after January 1, 1998 and the employee is age 50 or over with at least 30 years of service or age 55 or over with at least 25 years of service. Except as provided in subsection (k), this widow's annuity shall not, however, exceed the sum of $500 a month if the employee's death occurs before January 23, 1987. The widow's annuity shall not be limited to a maximum dollar amount if the employee's death occurs on or after January 23, 1987, regardless of the date of retirement; provided that, if retirement was before January 23, 1987, the employee or eligible spouse repays the excess spouse refund with interest at the effective rate from the date of refund to the date of repayment. If the date of the employee's retirement on annuity is before July 1, 1990, and if such widow of such described employee shall not have attained such age of 60 or more years on such date of her husband's retirement on annuity, the amount provided in the immediately preceding paragraph for a widow 60 or more years of age on the date of her husband's retirement on annuity, shall, in the case of such then younger widow, be reduced by 0.25% for each month that her then attained age was less than 60 years if the employee was born before January 1, 1936 or withdraws from service on or after January 1, 1988, or by 0.5% for each month that her then attained age is less than 60 years if the employee was born on or after January 1, 1936 and withdraws from service before January 1, 1988. If the date of the employee's retirement on annuity is on or after July 1, 1990, and if the widow of the employee has not attained age 55 by the date of the employee's retirement on annuity, the amount otherwise provided in this subsection (b) shall be reduced by 0.25% for each month that her then attained age is less than 55 years; except that if the employee retires on annuity on or after January 1, 1998 at age 50 or over with at least 30 years of service or at age 55 or over with at least 25 years of service, there shall be no reduction due to the widow's age if she has attained age 50 on or before the employee's date of death, and if the widow has not attained age 50 on or before the employee's date of death the amount otherwise provided in this subsection (b) shall be reduced by 0.25% for each month that her then attained age is less than 50 years. (c) The foregoing provisions relating to minimum annuities for widows shall not apply to the widow of any former municipal employee receiving an annuity from the fund on August 9, 1965 or on the effective date of this amendatory provision, who re-enters service as a municipal employee, unless such employee renders at least 3 years of additional service after the date of re-entry. (d) In computing the amount of annuity which the husband specified in the foregoing paragraphs (a) and (b) of this Section would have been entitled to receive, or received, such amount shall be the annuity to which such husband would have been, or was entitled, before reduction in the amount of his annuity for the purposes of the voluntary optional reversionary annuity provided for in Sec. 8-139 of this Article, if such option was elected. (e) (Blank). (f) (Blank). (g) The amendatory provisions of this amendatory Act of 1985 relating to annuity discount because of age for widows of employees born before January 1, 1936, shall apply only to qualifying widows of employees withdrawing or dying in service on or after July 18, 1985. (h) Beginning on January 1, 1999, the minimum amount of widow's annuity shall be $800 per month for life for the following classes of widows, without regard to the fact that the death of the employee
79 [March 20, 2001] occurred prior to the effective date of this amendatory Act of 1998: (1) any widow annuitant alive and receiving a life annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity; (2) any widow annuitant alive and receiving a term annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity; (3) any widow annuitant alive and receiving a reciprocal annuity on the effective date of this amendatory Act of 1998, whose employee spouse's service in this fund was at least 5 years; (4) the widow of an employee with at least 10 years of service in this fund who dies after retirement, if the retirement occurred prior to the effective date of this amendatory Act of 1998; (5) the widow of an employee with at least 10 years of service in this fund who dies after retirement, if withdrawal occurs on or after the effective date of this amendatory Act of 1998; (6) the widow of an employee who dies in service with at least 5 years of service in this fund, if the death in service occurs on or after the effective date of this amendatory Act of 1998. The increases granted under items (1), (2), (3) and (4) of this subsection (h) shall not be limited by any other Section of this Act. (i) The widow of an employee who retired or died in service on or after January 1, 1985 and before July 1, 1990, at age 55 or older, and with at least 35 years of service credit, shall be entitled to have her widow's annuity increased, effective January 1, 1991, to an amount equal to 50% of the retirement annuity that the deceased employee received on the date of retirement, or would have been eligible to receive if he had retired on the day preceding the date of his death in service, provided that if the widow had not attained age 60 by the date of the employee's retirement or death in service, the amount of the annuity shall be reduced by 0.25% for each month that her then attained age was less than age 60 if the employee's retirement or death in service occurred on or after January 1, 1988, or by 0.5% for each month that her attained age is less than age 60 if the employee's retirement or death in service occurred prior to January 1, 1988. However, in cases where a refund of excess contributions for widow's annuity has been paid by the Fund, the increase in benefit provided by this subsection (i) shall be contingent upon repayment of the refund to the Fund with interest at the effective rate from the date of refund to the date of payment. (j) If a deceased employee is receiving a retirement annuity at the time of death and that death occurs on or after June 27, 1997, the widow may elect to receive, in lieu of any other annuity provided under this Article, 50% of the deceased employee's retirement annuity at the time of death reduced by 0.25% for each month that the widow's age on the date of death is less than 55; except that if the employee dies on or after January 1, 1998 and withdrew from service on or after June 27, 1997 at age 50 or over with at least 30 years of service or at age 55 or over with at least 25 years of service, there shall be no reduction due to the widow's age if she has attained age 50 on or before the employee's date of death, and if the widow has not attained age 50 on or before the employee's date of death the amount otherwise provided in this subsection (j) shall be reduced by 0.25% for each month that her age on the date of death is less than 50 years. However, in cases where a refund of excess contributions for widow's annuity has been paid by the Fund, the benefit provided by this subsection (j) is contingent upon repayment of the refund to the Fund with interest at the effective rate from the date of refund to the date of payment. (k) For widows of employees who died before January 23, 1987 after retirement on annuity or in service, the maximum dollar amount limitation on widow's annuity shall cease to apply, beginning with the first annuity payment after the effective date of this amendatory Act of 1997; except that if a refund of excess contributions for widow's
[March 20, 2001] 80 annuity has been paid by the Fund, the increase resulting from this subsection (k) shall not begin before the refund has been repaid to the Fund, together with interest at the effective rate from the date of the refund to the date of repayment. (l) In lieu of any other annuity provided in this Article, an eligible spouse of an employee who dies in service at least 60 days after the effective date of this amendatory Act of the 92nd General Assembly with at least 10 years of service shall be entitled to an annuity of 50% of the minimum formula annuity earned and accrued to the credit of the employee at the date of death. For the purposes of this subsection, the minimum formula annuity earned and accrued to the credit of the employee is equal to 2.40% for each year of service of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of death, up to a maximum of 80% of the highest average annual salary. This annuity shall not be reduced due to the age of the employee or spouse. In addition to any other eligibility requirements under this Article, the spouse is eligible for this annuity only if the marriage was in effect for 10 full years or more. (Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97; 90-766, eff. 8-14-98.) (40 ILCS 5/8-158) (from Ch. 108 1/2, par. 8-158) Sec. 8-158. Child's annuity. A child's annuity is payable monthly after the death of an employee parent to the child until the child's attainment of age 18, under the following conditions, if the child was born before the employee attained age 65, and before he withdrew from service: (a)
81 [March 20, 2001] event more than 5 years. In computing such total service any period during which the employee received ordinary disability benefit shall be excluded. Any employee whose ordinary disability benefit was terminated after January 1, 1979 by reason of his attainment of age 65 and who continues disabled after age 65 may elect before July 1, 1986 to have such benefits resumed beginning at the time of such termination and continuing until termination is required under this Section as amended by this amendatory Act of 1985. The amount payable to any employee for such resumed benefit for any period shall be reduced by the amount of any retirement annuity paid to such employee under this Article for the same period of time or by any refund paid in lieu of annuity. Ordinary disability benefit shall be 50% of the employee's salary at the date of disability. For ordinary disability benefits paid before January 1, 2001, before any payment, an amount equal to
[March 20, 2001] 82 of repayment; or (b) if payment is not made in a single sum, the repayment may be made in installments by deductions from salary or otherwise in such amounts and manner as the board, by rule, may prescribe, with interest at the effective rate accruing on unpaid balances; or (c) if the employee withdraws from service or dies in service before full repayment is made, such rights shall not be restored, but the amount, including interest, repaid by him, but without any further interest otherwise normally credited, shall be refunded to him or to his widow, or in the manner provided by the refund provisions of this Article if no widow survives. (2) A person who is employed full-time by a local labor organization that represents municipal employees and has withdrawn as a refund the amounts credited for annuity purposes may elect to have his or her annuity rights restored by repaying to the Fund in full all refunds received, together with interest at the effective rate from the date of the refund to the date of repayment. Repayment of a refund under this subsection (2) does not require a return to service, and this subsection applies without regard to whether the person is in service on or after the effective date of this amendatory Act of the 92nd General Assembly. (3) This Section applies also to any person who received a refund from any annuity and benefit fund or pension fund which was merged into and superseded by the annuity and benefit fund provided for in this Article on or after December 31, 1959. Upon repayment such person shall receive credit for all annuity purposes in the annuity and benefit fund provided for in this Article for the period of service covered by such refund. (4) The amount of refund repayment is considered as salary deductions for age and service annuity and widow's annuity purposes in the case of a male person. In the latter case the amount of refund repayment is allocated in the applicable proportion for age and service and widow's annuity purposes. Such person shall also be credited with city contributions for age and service annuity, and widow's annuity if a male employee, in the amount which would have been credited and accrued if such person had been a participant in and contributor to the annuity and benefit fund provided for in this Article during the period of such service on the basis of his salary during such period. (Source: P.A. 81-1536.) (40 ILCS 5/8-168) (from Ch. 108 1/2, par. 8-168) Sec. 8-168. Refunds - Withdrawal before age 55 or with less than 10 years of service. 1. An employee, without regard to length of service, who withdraws before age 55, and any employee with less than 10 years of service who withdraws before age 60, shall be entitled to a refund of the accumulated sums to his credit, as of the date of withdrawal, for age and service annuity and widow's annuity from amounts contributed by him, including interest credited and including amounts contributed for him for age and service and widow's annuity purposes by the city while receiving duty disability benefits; provided that such amounts contributed by the city after December 31, 1981, while the employee is receiving duty disability benefits, and amounts credited to the employee for annuity purposes by the fund after December 31, 2000, while the employee is receiving ordinary disability benefits, shall not be credited for refund purposes. If he is a present employee he shall also be entitled to a refund of the accumulations from any sums contributed by him, and applied to any municipal pension fund superseded by this fund. 2. Upon receipt of the refund, the employee surrenders and forfeits all rights to any annuity or other benefits, for himself and for any other persons who might have benefited through him; provided that he may have such period of service counted in computing the term of his service if he becomes an employee before age 65, excepting as limited by the provisions of paragraph (a) (3) of Section 8-232 of this Article relating to the basis of computing the term of service. 3. Any such employee shall retain such right to a refund of such
83 [March 20, 2001] amounts when he shall apply for same until he re-enters the service or until the amount of annuity shall have been fixed as provided in this Article. Thereafter, no such right shall exist in the case of any such employee. 4. Any such municipal employee who shall have served 10 or more years and who shall not withdraw the amounts aforesaid to which he shall have a right of refund shall have a right to annuity as stated in this Article. 5. Any such municipal employee who shall have served less than 10 years and who shall not withdraw the amounts to which he shall have a right to refund shall have a right to have all such amounts and all other amounts to his credit for annuity purposes on date of his withdrawal from service retained to his credit and improved by interest while he shall be out of the service at the rate of 3 1/2% or 3% per annum (whichever rate shall apply under the provisions of Section 8-155 of this Article) and used for annuity purposes for his benefit and the benefit of any person who may have any right to annuity through him because of his service, according to the provisions of this Article in the event that he shall subsequently re-enter the service and complete the number of years of service necessary to attain a right to annuity; but such sum shall be improved by interest to his credit while he shall be out of the service only until he shall have become 65 years of age. (Source: P.A. 82-283.) (40 ILCS 5/8-171) (from Ch. 108 1/2, par. 8-171) Sec. 8-171. Refund in lieu of annuity. In lieu of an annuity, an employee who withdraws and whose annuity would amount to less than $800 a month for life, may elect to receive a refund of his accumulated contributions for annuity purposes, based on the amounts contributed by him. The widow of any employee, eligible for annuity upon the death of her husband, whose widow's annuity would amount to less than $800 a month for life, may, in lieu of widow's annuity, elect to receive a refund of the accumulated contributions for annuity purposes, based on the amounts contributed by her deceased employee husband, but reduced by any amounts theretofore paid to him in the form of an annuity or refund out of such accumulated contributions. Accumulated contributions shall mean the amounts - including the interest credited thereon - contributed by the employee for age and service and widow's annuity to the date of his withdrawal or death, whichever first occurs, including any amounts contributed for him as salary deductions while receiving duty disability benefits, and, if not otherwise included, any accumulations from sums contributed by him and applied to any pension fund superseded by this fund; provided that such amounts contributed by the city after December 31, 1981 while the employee is receiving duty disability benefits and amounts credited to the employee for annuity purposes by the fund after December 31, 2000 while the employee is receiving ordinary disability shall not be included. The acceptance of such refund in lieu of widow's annuity, on the part of a widow, shall not deprive a child or children of the right to receive a child's annuity as provided for in Sections 8-158 and 8-159 of this Article, and neither shall the payment of a child's annuity in the case of such refund to a widow reduce the amount herein set forth as refundable to such widow electing a refund in lieu of widow's annuity. (Source: P.A. 91-887, eff. 7-6-00.) (40 ILCS 5/8-227) (from Ch. 108 1/2, par. 8-227) Sec. 8-227. Service as police officer, firefighter or teacher. (a) Service rendered by an employee as a police officer and member of the regularly constituted police department of the city, or as a firefighter and regular member of the paid fire department of the city, or as a teacher in the public school system in the city shall be counted, for the purposes of this Article, as service rendered as an employee of the city. Salary received for any such service shall be treated, for the purposes of this Article, as salary received for the performance of duty as an employee.
[March 20, 2001] 84 (b) Subsection (a) applies
85 [March 20, 2001] the Retirement Board. (Source: P.A. 90-766, eff. 8-14-98.) (40 ILCS 5/8-230.9 new) Sec. 8-230.9. Service rendered to Chicago Housing Authority. (a) Within 60 days after beginning full-time employment with the Chicago Housing Authority (or within 60 days after the effective date of this amendatory Act of the 92nd General Assembly, whichever is later), a person having service credits in this Fund or reinstating service credits under subsection (c) may elect to participate in this Fund with respect to that Chicago Housing Authority employment. An employee who participates in this Fund with respect to Chicago Housing Authority employment shall not, with respect to the same period of employment, participate in any other pension plan for employees of the Authority for which contributions are made by the Authority, except that this provision shall not prevent an employee from making elective contributions to a plan of deferred compensation during that period. An election under this subsection (a), once made, is irrevocable. Participation under this subsection shall be on the same basis and under the same conditions as are applicable in the case of participating employees of the city. Employee contributions shall be based on the salary actually received by the employee for that employment. Employer contributions shall be paid by the Chicago Housing Authority rather than the city, at a rate to be determined by the Retirement Board. (b) An employee or former employee of the Chicago Housing Authority who has established credit under the Fund with regard to service to an employer other than the Chicago Housing Authority may contribute to the Fund and receive credit for all periods of full-time employment with the Chicago Housing Authority occurring prior to 60 days after the effective date of this amendatory Act, except for those periods for which the employee retains a right to credit in another public pension fund or retirement system established under this Code. Such service credit shall be paid for and granted on the same basis and under the same conditions as are applicable in the case of employees who make payment for past service under Section 8-230, provided that the person must also pay the corresponding employer contributions, and further provided that the contributions and service credit are permitted under Section 415 of the Internal Revenue Code of 1986. The contributions shall be based on the salary actually received by the person from the Authority for that employment. (c) A person establishing service credit under subsection (b) or electing to participate in the Fund under subsection (a) may, at the same time, reinstate service credit that was terminated through receipt of a refund by repaying to the Fund the amount of the refund plus interest at the effective rate from the date of the refund to the date of repayment. (d) An eligible person may establish service credit under subsection (b) and reinstate service credit under subsection (c) without returning to active service as an employee under this Article, but the required contributions and repayment must be received by the Fund before the person begins to receive a retirement annuity under this Article. (40 ILCS 5/8-230.10 new) Sec. 8-230.10. Service rendered to IHDA. An employee with at least 10 years of creditable service in the Fund may establish service credit for up to 7 years of full-time employment by the Illinois Housing Development Authority for which the employee does not have credit in another public pension fund or retirement system. To establish service credit under this Section, the employee must apply to the Fund in writing by July 1, 2002 and pay to the Fund, at any time before beginning to receive a retirement annuity under this Article, an amount to be determined by the Fund, consisting of (i) employee contributions based on the salary actually received by the person from the Illinois Housing Development Authority for that employment and the contribution rates then in effect for employees of the Fund, (ii) the corresponding employer contributions, and (iii)
[March 20, 2001] 86 regular interest on the amounts in items (i) and (ii) from the date of the service to the date of payment. (40 ILCS 5/8-243.2) (from Ch. 108 1/2, par. 8-243.2) Sec. 8-243.2. Alternative annuity for city officers. (a) For the purposes of this Section and Sections 8-243.1 and 8-243.3, "city officer" means the city clerk, the city treasurer, or an alderman of the city elected by vote of the people, while serving in that capacity or as provided in subsection (f), who has elected to participate in the Fund. (b) Any elected city officer, while serving in that capacity or as provided in subsection (f), 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 the procedures established by the board. Such elected city 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 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 Sections 8-174 and 8-182. (2) For service 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. (c) In lieu of the retirement annuity otherwise payable under this Article, any city officer elected by vote of the people who (1) has elected to participate in the Fund and make additional optional contributions in accordance with this Section, and (2) has attained age 55
87 [March 20, 2001] the same basis and under the same conditions as provided under Sections 8-168, 8-170 and 8-171. Interest shall be credited at the effective rate on the same basis and under the same conditions as for other contributions. Optional contributions shall be accounted for in a separate Elected City Officer Optional Contribution Reserve. Optional contributions under this Section shall be included in the amount of employee contributions used to compute the tax levy under Section 8-173. (f) The effective date of this plan of optional alternative benefits and contributions shall be July 1, 1990, or the date upon which approval is received from the U.S. Internal Revenue Service, whichever is later. The plan of optional alternative benefits and contributions shall not be available to any former city officer or employee receiving an annuity from the Fund on the effective date of the plan, unless he re-enters service as an elected city officer and renders at least 3 years of additional service after the date of re-entry. However, a person who holds office as a city officer on June 1, 1995
[March 20, 2001] 88 service in excess of 20 but not exceeding 30; and 2.30% for each year of service in excess of 30, based on the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal. An employee who withdraws after July 1, 1957 and before January 1, 1988, with 20 or more years of service, before age 60, shall be entitled to an annuity, to begin not earlier than age 55, if under such age at withdrawal, as computed in the last preceding paragraph, reduced 0.25% if the employee was born before January 1, 1936, or 0.5% if the employee was born on or after January 1, 1936, for each full month or fractional part thereof that his attained age when such annuity is to begin is less than 60. Any employee born before January 1, 1936 who withdraws with 20 or more years of service, and any employee with 20 or more years of service who withdraws on or after January 1, 1988, may elect to receive, in lieu of any other employee annuity provided in this Section, an annuity for life equal to 1.80% for each of the first 10 years of service, 2.00% for each of the next 10 years of service, 2.20% for each year of service in excess of 20, but not exceeding 30, and 2.40% for each year of service in excess of 30, of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal, to begin not earlier than upon attained age of 55 years, if under such age at withdrawal, reduced 0.25% for each full month or fractional part thereof that his attained age when annuity is to begin is less than 60; except that an employee retiring on or after January 1, 1988, at age 55 or over but less than age 60, having at least 35 years of service, or an employee retiring on or after July 1, 1990, at age 55 or over but less than age 60, having at least 30 years of service, or an employee retiring on or after the effective date of this amendatory Act of 1997, at age 55 or over but less than age 60, having at least 25 years of service, shall not be subject to the reduction in retirement annuity because of retirement below age 60. However, in the case of an employee who retired on or after January 1, 1985 but before January 1, 1988, at age 55 or older and with at least 35 years of service, and who was subject under this subsection (a) to the reduction in retirement annuity because of retirement below age 60, that reduction shall cease to be effective January 1, 1991, and the retirement annuity shall be recalculated accordingly. Any employee who withdraws on or after July 1, 1990, with 20 or more years of service, may elect to receive, in lieu of any other employee annuity provided in this Section, an annuity for life equal to 2.20% for each year of service if withdrawal is before 60 days after the effective date of this amendatory Act of the 92nd General Assembly, or 2.40% for each year of service if withdrawal is 60 days after the effective date of this amendatory Act of the 92nd General Assembly or later, of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal, to begin not earlier than upon attained age of 55 years, if under such age at withdrawal, reduced 0.25% for each full month or fractional part thereof that his attained age when annuity is to begin is less than 60; except that an employee retiring at age 55 or over but less than age 60, having at least 30 years of service, shall not be subject to the reduction in retirement annuity because of retirement below age 60. Any employee who withdraws on or after the effective date of this amendatory Act of 1997 with 20 or more years of service may elect to receive, in lieu of any other employee annuity provided in this Section, an annuity for life equal to 2.20%, for each year of service if withdrawal is before 60 days after the effective date of this amendatory Act of the 92nd General Assembly, or 2.40% for each year of service if withdrawal is 60 days after the effective date of this amendatory Act of the 92nd General Assembly or later, of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal, to begin not earlier than upon attainment of age 55 (age 50 if the employee has
89 [March 20, 2001] at least 30 years of service), reduced 0.25% for each full month or remaining fractional part thereof that the employee's attained age when annuity is to begin is less than 60; except that an employee retiring at age 50 or over with at least 30 years of service or at age 55 or over with at least 25 years of service shall not be subject to the reduction in retirement annuity because of retirement below age 60. The maximum annuity payable under this paragraph (a) of this Section shall not exceed 70% of highest average annual salary in the case of an employee who withdraws prior to July 1, 1971, 75% if withdrawal takes place on or after July 1, 1971, and prior to 60 days after the effective date of this amendatory Act of the 92nd General Assembly, or 80% if withdrawal is 60 days after the effective date of this amendatory Act of the 92nd General Assembly or later. For the purpose of the minimum annuity provided in said paragraphs $1,500 shall be considered the minimum annual salary for any year; and the maximum annual salary to be considered for the computation of such annuity shall be $4,800 for any year prior to 1953, $6,000 for the years 1953 to 1956, inclusive, and the actual annual salary, as salary is defined in this Article, for any year thereafter. (b) For an employee receiving disability benefit, his salary for annuity purposes under this Section shall, for all periods of disability benefit subsequent to the year 1956, be the amount on which his disability benefit was based. (c) An employee with 20 or more years of service, whose entire disability benefit credit period expires prior to attainment of age 55 while still disabled for service, shall be entitled upon withdrawal to the larger of (1) the minimum annuity provided above assuming that he is then age 55, and reducing such annuity to its actuarial equivalent at his attained age on such date, or (2) the annuity provided from his age and service and prior service annuity credits. (d) The minimum annuity provisions as aforesaid shall not apply to any former employee receiving an annuity from the fund, and who re-enters service as an employee, unless he renders at least 3 years of additional service after the date of re-entry. (e) An employee in service on July 1, 1947, or who became a contributor after July 1, 1947 and prior to July 1, 1950, or who shall become a contributor to the fund after July 1, 1950 prior to attainment of age 70, who withdraws after age 65 with less than 20 years of service, for whom the annuity has been fixed under the foregoing Sections of this Article shall, in lieu of the annuity so fixed, receive an annuity as follows: Such amount as he could have received had the accumulated amounts for annuity been improved with interest at the effective rate to the date of his withdrawal, or to attainment of age 70, whichever is earlier, and had the city contributed to such earlier date for age and service annuity the amount that would have been contributed had he been under age 65, after the date his annuity was fixed in accordance with this Article, and assuming his annuity were computed from such accumulations as of his age on such earlier date. The annuity so computed shall not exceed the annuity which would be payable under the other provisions of this Section if the employee was credited with 20 years of service and would qualify for annuity thereunder. (f) In lieu of the annuity provided in this or in any other Section of this Article, an employee having attained age 65 with at least 15 years of service who withdraws from service on or after July 1, 1971 and whose annuity computed under other provisions of this Article is less than the amount provided under this paragraph shall be entitled to receive a minimum annual annuity for life equal to 1% of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding retirement for each year of his service plus the sum of $25 for each year of service. Such annual annuity shall not exceed the maximum percentages stated under paragraph (a) of this Section of such highest average annual salary. (f-1) Instead of any other retirement annuity provided in this Article, an employee who has at least 10 years of service and withdraws from service on or after January 1, 1999 may elect to receive a
[March 20, 2001] 90 retirement annuity for life, beginning no earlier than upon attainment of age 60, equal to 2.2% if withdrawal is before 60 days after the effective date of this amendatory Act of the 92nd General Assembly or 2.4% for each year of service if withdrawal is 60 days after the effective date of this amendatory Act of the 92nd General Assembly or later, of final average salary for each year of service, subject to a maximum of 75% of final average salary if withdrawal is before 60 days after the effective date of this amendatory Act of the 92nd General Assembly, or 80% if withdrawal is 60 days after the effective date of this amendatory Act of the 92nd General Assembly or later. For the purpose of calculating this annuity, "final average salary" means the highest average annual salary for any 4 consecutive years in the last 10 years of service. (g) Any annuity payable under the preceding subsections of this Section 11-134 shall be paid in equal monthly installments. (h) The amendatory provisions of part (a) and (f) of this Section shall be effective July 1, 1971 and apply in the case of every qualifying employee withdrawing on or after July 1, 1971. (i) The amendatory provisions of this amendatory Act of 1985 relating to the discount of annuity because of retirement prior to attainment of age 60 and increasing the retirement formula for those born before January 1, 1936, shall apply only to qualifying employees withdrawing on or after August 16, 1985. (j) Beginning on January 1, 1999, the minimum amount of employee's annuity shall be $850 per month for life for the following classes of employees, without regard to the fact that withdrawal occurred prior to the effective date of this amendatory Act of 1998: (1) any employee annuitant alive and receiving a life annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity; (2) any employee annuitant alive and receiving a term annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity; (3) any employee annuitant alive and receiving a reciprocal annuity on the effective date of this amendatory Act of 1998, whose service in this fund is at least 5 years; (4) any employee annuitant withdrawing after age 60 on or after the effective date of this amendatory Act of 1998, with at least 10 years of service in this fund. The increases granted under items (1), (2) and (3) of this subsection (j) shall not be limited by any other Section of this Act. (Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97; 90-766, eff. 8-14-98.) (40 ILCS 5/11-134.1) (from Ch. 108 1/2, par. 11-134.1) Sec. 11-134.1. Automatic increase in annuity. (a) An employee who retired or retires from service after December 31, 1963, and before January 1, 1987, having attained age 60 or more, shall, in the month of January of the year following the year in which the first anniversary of retirement occurs, have the amount of his then fixed and payable monthly annuity increased by 1 1/2%, and such first fixed annuity as granted at retirement increased by a further 1 1/2% in January of each year thereafter. Beginning with January of the year 1972, such increases shall be at the rate of 2% in lieu of the aforesaid specified 1 1/2%. Beginning January, 1984, such increases shall be at the rate of 3%. Beginning in January of 1999, such increases shall be at the rate of 3% of the currently payable monthly annuity, including any increases previously granted under this Article. An employee who retires on annuity after December 31, 1963 and before January 1, 1987, but prior to age 60, shall receive such increases beginning with January of the year immediately following the year in which he attains the age of 60 years. An employee who retires from service on or after January 1, 1987 shall, upon the first annuity payment date following the first anniversary of the date of retirement, or upon the first annuity payment date following attainment of age 60, whichever occurs later, have his then fixed and payable monthly annuity increased by 3%, and
91 [March 20, 2001] such annuity shall be increased by an additional 3% of the original fixed annuity on the same date each year thereafter. Beginning in January of 1999, such increases shall be at the rate of 3% of the currently payable monthly annuity, including any increases previously granted under this Article. (a-5) Notwithstanding the provisions of subsection (a), upon the first annuity payment date following (1) the third anniversary of retirement, (2) the attainment of age 53, or (3) the date 60 days after the effective date of this amendatory Act of the 92nd General Assembly, whichever occurs latest, the monthly pension of an employee who retires on annuity prior to the attainment of age 60 who has not received an increase under subsection (a) shall be increased by 3%, and such annuity shall be increased by an additional 3% of the current payable monthly annuity, including such increases previously granted under this Article, on the same date each year thereafter. The increases provided under this subsection are in lieu of the increases provided in subsection (a). (b) The foregoing provision is not applicable to an employee retiring and receiving a term annuity, as defined in this Article, nor to any otherwise qualified employee who retires before he shall have made employee contributions (at the 1/2 of 1% rate as hereinafter provided) for the purposes of this additional annuity for not less than the equivalent of one full year. Such employee, however, shall make arrangement to pay to the fund a balance of such 1/2 of 1% contributions, based on his final salary, as will bring such 1/2 of 1% contributions, computed without interest, to the equivalent of or completion of one year's contributions. Beginning with the month of January, 1964, each employee shall contribute by means of salary deductions 1/2 of 1% of each salary payment, concurrently with and in addition to the employee contributions otherwise made for annuity purposes. Each such additional employee contribution shall be credited to an account in the prior service annuity reserve, to be used, together with city contributions, to defray the cost of the specified annuity increments. Any balance as of the beginning of each calendar year existing in such account shall be credited with interest at the rate of 3% per annum. Such employee contributions shall not be subject to refund, except to an employee who resigns or is discharged and applies for refund under this Article, and also in cases where a term annuity becomes payable. In such cases the employee contributions shall be refunded him, without interest, and charged to the aforementioned account in the prior service annuity reserve. (Source: P.A. 90-766, eff. 8-14-98.) (40 ILCS 5/11-145.1) (from Ch. 108 1/2, par. 11-145.1) Sec. 11-145.1. Minimum annuities for widows. The widow otherwise eligible for widow's annuity under other Sections of this Article 11, of an employee hereinafter described, who retires from service or dies while in the service subsequent to the effective date of this amendatory provision, and for which widow the amount of widow's annuity and widow's prior service annuity combined, fixed or provided for such widow under other provisions of said Article 11 is less than the amount hereinafter provided in this section, shall, from and after the date her otherwise provided annuity would begin, in lieu of such otherwise provided widow's and widow's prior service annuity, be entitled to the following indicated amount of annuity: (a) The widow of any employee who dies while in service on or after the date on which he attains age 60 if the death occurs before July 1, 1990, or on or after the date on which he attains age 55 if the death occurs on or after July 1, 1990, with at least 20 years of service, or on or after the date on which he attains age 50 if the death occurs on or after the effective date of this amendatory Act of 1997 with at least 30 years of service, shall be entitled to an annuity equal to one-half of the amount of annuity which her deceased husband would have been entitled to receive had he withdrawn from the service
[March 20, 2001] 92 on the day immediately preceding the date of his death, conditional upon such widow having attained age 60 on or before such date if the death occurs before July 1, 1990, or age 55 if the death occurs on or after July 1, 1990, or age 50 if the death occurs on or after January 1, 1998 and the employee is age 50 or over with at least 30 years of service or age 55 or over with at least 25 years of service. Except as provided in subsection (j), the widow's annuity shall not, however, exceed the sum of $500 a month if the employee's death in service occurs before January 23, 1987. The widow's annuity shall not be limited to a maximum dollar amount if the employee's death in service occurs on or after January 23, 1987. If the employee dies in service before July 1, 1990, and if such widow of such described employee shall not be 60 or more years of age on such date of death, the amount provided in the immediately preceding paragraph for a widow 60 or more years of age, shall, in the case of such younger widow, be reduced by 0.25% for each month that her then attained age is less than 60 years if the employee was born before January 1, 1936, or dies in service on or after January 1, 1988, or 0.5% for each month that her then attained age is less than 60 years if the employee was born on or after January 1, 1936 and dies in service before January 1, 1988. If the employee dies in service on or after July 1, 1990, and if the widow of the employee has not attained age 55 on or before the employee's date of death, the amount otherwise provided in this subsection (a) shall be reduced by 0.25% for each month that her then attained age is less than 55 years; except that if the employee dies in service on or after January 1, 1998 at age 50 or over with at least 30 years of service or at age 55 or over with at least 25 years of service, there shall be no reduction due to the widow's age if she has attained age 50 on or before the employee's date of death, and if the widow has not attained age 50 on or before the employee's date of death the amount otherwise provided in this subsection (a) shall be reduced by 0.25% for each month that her then attained age is less than 50 years. (b) The widow of any employee who dies subsequent to the date of his retirement on annuity, and who so retired on or after the date on which he attained age 60 if retirement occurs before July 1, 1990, or on or after the date on which he attained age 55 if retirement occurs on or after July 1, 1990, with at least 20 years of service, or on or after the date on which he attained age 50 if the retirement occurs on or after the effective date of this amendatory Act of 1997 with at least 30 years of service, shall be entitled to an annuity equal to one-half of the amount of annuity which her deceased husband received as of the date of his retirement on annuity, conditional upon such widow having attained age 60 on or before the date of her husband's retirement on annuity if retirement occurs before July 1, 1990, or age 55 if retirement occurs on or after July 1, 1990, or age 50 if the retirement on annuity occurs on or after January 1, 1998 and the employee is age 50 or over with at least 30 years of service or age 55 or over with at least 25 years of service. Except as provided in subsection (j), this widow's annuity shall not, however, exceed the sum of $500 a month if the employee's death occurs before January 23, 1987. The widow's annuity shall not be limited to a maximum dollar amount if the employee's death occurs on or after January 23, 1987, regardless of the date of retirement; provided that, if retirement was before January 23, 1987, the employee or eligible spouse repays the excess spouse refund with interest at the effective rate from the date of refund to the date of repayment. If the date of the employee's retirement on annuity is before July 1, 1990, and if such widow of such described employee shall not have attained such age of 60 or more years on such date of her husband's retirement on annuity, the amount provided in the immediately preceding paragraph for a widow 60 or more years of age on the date of her husband's retirement on annuity, shall, in the case of such then younger widow, be reduced by 0.25% for each month that her then attained age was less than 60 years if the employee was born before
93 [March 20, 2001] January 1, 1936, or withdraws from service on or after January 1, 1988, or 0.5% for each month that her then attained age was less than 60 years if the employee was born on or after January 1, 1936 and withdraws from service before January 1, 1988. If the date of the employee's retirement on annuity is on or after July 1, 1990, and if the widow of the employee has not attained age 55 by the date of the employee's retirement on annuity, the amount otherwise provided in this subsection (b) shall be reduced by 0.25% for each month that her then attained age is less than 55 years; except that if the employee retires on annuity on or after January 1, 1998 at age 50 or over with at least 30 years of service or at age 55 or over with at least 25 years of service, there shall be no reduction due to the widow's age if she has attained age 50 on or before the employee's date of death, and if the widow has not attained age 50 on or before the employee's date of death the amount otherwise provided in this subsection (b) shall be reduced by 0.25% for each month that her then attained age is less than 50 years. (c) The foregoing provisions relating to minimum annuities for widows shall not apply to the widow of any former employee receiving an annuity from the fund on August 2, 1965 or on the effective date of this amendatory provision, who re-enters service as a former employee, unless such employee renders at least 3 years of additional service after the date of re-entry. (d) (Blank). (e) (Blank). (f) The amendments to this Section by this amendatory Act of 1985, relating to changing the discount because of age from 1/2 of 1% to 0.25% per month for widows of employees born before January 1, 1936, shall apply only to qualifying widows whose husbands die while in the service on or after August 16, 1985 or withdraw and enter on annuity on or after August 16, 1985. (g) Beginning on January 1, 1999, the minimum amount of widow's annuity shall be $800 per month for life for the following classes of widows, without regard to the fact that the death of the employee occurred prior to the effective date of this amendatory Act of 1998: (1) any widow annuitant alive and receiving a term annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity; (2) any widow annuitant alive and receiving a life annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity; (3) any widow annuitant alive and receiving a reciprocal annuity on the effective date of this amendatory Act of 1998, whose employee spouse's service in this fund was at least 5 years; (4) the widow of an employee with at least 10 years of service in this fund who dies after retirement, if the retirement occurred prior to the effective date of this amendatory Act of 1998; (5) the widow of an employee with at least 10 years of service in this fund who dies after retirement, if withdrawal occurs on or after the effective date of this amendatory Act of 1998; (6) the widow of an employee who dies in service with at least 5 years of service in this fund, if the death in service occurs on or after the effective date of this amendatory Act of 1998. The increases granted under items (1), (2), (3) and (4) of this subsection (g) shall not be limited by any other Section of this Act. (h) The widow of an employee who retired or died in service on or after January 1, 1985 and before July 1, 1990, at age 55 or older, and with at least 35 years of service credit, shall be entitled to have her widow's annuity increased, effective January 1, 1991, to an amount equal to 50% of the retirement annuity that the deceased employee received on the date of retirement, or would have been eligible to receive if he had retired on the day preceding the date of his death in service, provided that if the widow had not attained age 60 by the date
[March 20, 2001] 94 of the employee's retirement or death in service, the amount of the annuity shall be reduced by 0.25% for each month that her then attained age was less than age 60 if the employee's retirement or death in service occurred on or after January 1, 1988, or by 0.5% for each month that her attained age is less than age 60 if the employee's retirement or death in service occurred prior to January 1, 1988. However, in cases where a refund of excess contributions for widow's annuity has been paid by the Fund, the increase in benefit provided by this subsection (h) shall be contingent upon repayment of the refund to the Fund with interest at the effective rate from the date of refund to the date of payment. (i) If a deceased employee is receiving a retirement annuity at the time of death and that death occurs on or after June 27, 1997, the widow may elect to receive, in lieu of any other annuity provided under this Article, 50% of the deceased employee's retirement annuity at the time of death reduced by 0.25% for each month that the widow's age on the date of death is less than 55; except that if the employee dies on or after January 1, 1998 and withdrew from service on or after June 27, 1997 at age 50 or over with at least 30 years of service or at age 55 or over with at least 25 years of service, there shall be no reduction due to the widow's age if she has attained age 50 on or before the employee's date of death, and if the widow has not attained age 50 on or before the employee's date of death the amount otherwise provided in this subsection (i) shall be reduced by 0.25% for each month that her age on the date of death is less than 50 years. However, in cases where a refund of excess contributions for widow's annuity has been paid by the Fund, the benefit provided by this subsection (i) is contingent upon repayment of the refund to the Fund with interest at the effective rate from the date of refund to the date of payment. (j) For widows of employees who died before January 23, 1987 after retirement on annuity or in service, the maximum dollar amount limitation on widow's annuity shall cease to apply, beginning with the first annuity payment after the effective date of this amendatory Act of 1997; except that if a refund of excess contributions for widow's annuity has been paid by the Fund, the increase resulting from this subsection (j) shall not begin before the refund has been repaid to the Fund, together with interest at the effective rate from the date of the refund to the date of repayment. (k) In lieu of any other annuity provided in this Article, an eligible spouse of an employee who dies in service at least 60 days after the effective date of this amendatory Act of the 92nd General Assembly with at least 10 years of service shall be entitled to an annuity of 50% of the minimum formula annuity earned and accrued to the credit of the employee at the date of death. For the purposes of this subsection, the minimum formula annuity earned and accrued to the credit of the employee is equal to 2.40% for each year of service of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of death, up to a maximum of 80% of the highest average annual salary. This annuity shall not be reduced due to the age of the employee or spouse. In addition to any other eligibility requirements under this Article, the spouse is eligible for this annuity only if the marriage was in effect for 10 full years or more. (Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97; 90-766, eff. 8-14-98.) (40 ILCS 5/11-153) (from Ch. 108 1/2, par. 11-153) Sec. 11-153. Child's annuity. (a) A "Child's Annuity" shall be payable monthly after the death of an employee parent to an unmarried child until the child's attainment of age 18 or marriage, whichever event shall first occur, under the following conditions, if the child was born or in esse before the employee attained age 65, and before he withdrew from service: (1)
95 [March 20, 2001]
[March 20, 2001] 96 the fund shall credit sums equal to the amounts ordinarily contributed by an employee for annuity purposes for any period during which the employee receives ordinary disability, and those sums shall be deemed for annuity purposes and purposes of Section 11-169 as amounts contributed by the employee. These amounts credited for annuity purposes shall not be credited for refund purposes. Any employee whose ordinary disability benefit was terminated after January 1, 1979 by reason of his attainment of age 65 and who continues disabled after age 65 may elect before July 1, 1986 to have such benefits resumed beginning at the time of such termination and continuing until termination is required under this Section as amended by this amendatory Act of 1985. The amount payable to any employee for such resumed benefit for any period shall be reduced by the amount of any retirement annuity paid to such employee under this Article for the same period of time or by refund paid in lieu of annuity. (Source: P.A. 85-964.) (40 ILCS 5/11-164) (from Ch. 108 1/2, par. 11-164) Sec. 11-164. Refunds - Withdrawal before age 55 or with less than 10 years of service. (1) An employee, without regard to length of service, who withdraws before age 55, and any employee with less than 10 years of service who withdraws before age 60, shall be entitled to a refund of the total sum accumulated to his credit as of date of withdrawal for age and service annuity and widow's annuity from amounts contributed by him or by the City in lieu of employee contributions during duty disability; provided that such amounts contributed by the city after December 31, 1983 while the employee is receiving duty disability benefits and amounts credited to the employee for annuity purposes by the fund after December 31, 2000 while the employee is receiving ordinary disability benefits shall not be credited for refund purposes. The board may in its discretion withhold payment of refund for a period not to exceed 6 months from the date of withdrawal. Interest at the effective rate shall be paid on any such refund withheld during such withheld period not to exceed 6 months. (2) Upon receipt of the refund, the employee surrenders and forfeits all rights to any annuity or other benefits, for himself and for any other persons who might have benefited through him; provided that he may have such period of service counted in computing the term of his service for age and service annuity purposes only if he becomes an employee before age 65. (3) An employee who does not receive a refund shall have all amounts to his credit for annuity purposes on the date of his withdrawal improved by interest only until he becomes age 65, while out of service, at the effective rate, for his benefit and the benefit of any person who may have any right to annuity through him if he re-enters the service and attains a right to annuity. (4) Any such employee shall retain such right to refund of such amounts when he shall apply for same, until he re-enters the service or until the amount of annuity to which he shall have a right shall have been fixed as provided in this Article. Thereafter, no such right shall exist in the case of any such employee. (Source: P.A. 83-499.) (40 ILCS 5/11-167) (from Ch. 108 1/2, par. 11-167) Sec. 11-167. Refunds in lieu of annuity. In lieu of an annuity, an employee who withdraws, and whose annuity would amount to less than $800 a month for life may elect to receive a refund of the total sum accumulated to his credit from employee contributions for annuity purposes. The widow of any employee, eligible for annuity upon the death of her husband, whose annuity would amount to less than $800 a month for life, may, in lieu of a widow's annuity, elect to receive a refund of the accumulated contributions for annuity purposes, based on the amounts contributed by her deceased employee husband, but reduced by any amounts theretofore paid to him in the form of an annuity or refund out of such accumulated contributions. Accumulated contributions shall mean the amounts including interest
97 [March 20, 2001] credited thereon contributed by the employee for age and service and widow's annuity to the date of his withdrawal or death, whichever first occurs, and including the accumulations from any amounts contributed for him as salary deductions while receiving duty disability benefits; provided that such amounts contributed by the city after December 31, 1983 while the employee is receiving duty disability benefits and amounts credited to the employee for annuity purposes by the fund after December 31, 2000 while the employee is receiving ordinary disability benefits. The acceptance of such refund in lieu of widow's annuity, on the part of a widow, shall not deprive a child or children of the right to receive a child's annuity as provided for in Sections 11-153 and 11-154 of this Article, and neither shall the payment of a child's annuity in the case of such refund to a widow reduce the amount herein set forth as refundable to such widow electing a refund in lieu of widow's annuity. (Source: P.A. 90-655, eff. 7-30-98; 91-887, eff. 7-6-00.) (40 ILCS 5/15-112) (from Ch. 108 1/2, par. 15-112) Sec. 15-112. Final rate of earnings. "Final rate of earnings": For an employee who is paid on an hourly basis or who receives an annual salary in installments during 12 months of each academic year, the average annual earnings during the 48 consecutive calendar month period ending with the last day of final termination of employment or the 4 consecutive academic years of service in which the employee's earnings were the highest, whichever is greater. For any other employee, the average annual earnings during the 4 consecutive academic years of service in which his or her earnings were the highest. For an employee with less than 48 months or 4 consecutive academic years of service, the average earnings during his or her entire period of service. The earnings of an employee with more than 36 months of service prior to the date of becoming a participant are, for such period, considered equal to the average earnings during the last 36 months of such service. For an employee on leave of absence with pay, or on leave of absence without pay who makes contributions during such leave, earnings are assumed to be equal to the basic compensation on the date the leave began. For an employee on disability leave, earnings are assumed to be equal to the basic compensation on the date disability occurs or the average earnings during the 24 months immediately preceding the month in which disability occurs, whichever is greater. For a participant who retires on or after the effective date of this amendatory Act of 1997 with at least 20 years of service as a firefighter or police officer under this Article, the final rate of earnings shall be the annual rate of earnings received by the participant on his or her last day as a firefighter or police officer under this Article, if that is greater than the final rate of earnings as calculated under the other provisions of this Section. If a participant is an employee for at least 6 months during the academic year in which his or her employment is terminated, the annual final rate of earnings shall be 25% of the sum of (1) the annual basic compensation for that year, and (2) the amount earned during the 36 months immediately preceding that year, if this is greater than the final rate of earnings as calculated under the other provisions of this Section. In the determination of the final rate of earnings for an employee, that part of an employee's earnings for any academic year beginning after June 30, 1997, which exceeds the employee's earnings with that employer for the preceding year by more than 20 percent shall be excluded; in the event that an employee has more than one employer this limitation shall be calculated separately for the earnings with each employer. In making such calculation, only the basic compensation of employees shall be considered, without regard to vacation or overtime or to contracts for summer employment. The following are not considered as earnings in determining final rate of earnings: severance or separation pay, retirement pay, payment for
[March 20, 2001] 98 period used in determining final rate of earnings for any purpose other than services rendered, leave of absence or vacation granted during that period, and vacation of up to 56 work days allowed upon termination of employment; except that, if the benefit has been collectively bargained between the employer and the recognized collective bargaining agent pursuant to the Illinois Educational Labor Relations Act, payment received during a period of up to 2 academic years for unused sick leave may be considered as earnings in accordance with the applicable collective bargaining agreement, subject to the 20% increase limitation of this Section. Any unused sick leave considered as earnings under this Section shall not be taken into account in calculating service credit under Section 15-113.4. Intermittent periods of service shall be considered as consecutive in determining final rate of earnings. (Source: P.A. 90-65, eff. 7-7-97; 90-511, eff. 8-22-97; 91-887, eff. 7-6-00.) Section 90. The State Mandates Act is amended by adding Section 8.25 as follows: (30 ILCS 805/8.25 new) Sec. 8.25. 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 92nd General Assembly. Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2143. Having been printed, was taken up and read by title a second time. Representative Klingler offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2143 AMENDMENT NO. 1. Amend House Bill 2143 by replacing lines 7 through 12 with the following: "Sec. 2-3.109b. Vocational center grant eligibility. An area vocational center, as designated by the State Board of Education, may apply for and be eligible to receive any school maintenance grant, federal or State technology grant, or other competitive grant administered by the State Board of Education that is available for school districts, subject to the same restrictions applicable to school districts.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2157. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Personnel & Pensions, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2157 AMENDMENT NO. 1. Amend House Bill 2157 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Pension Code is amended by changing
99 [March 20, 2001] Section 17-116.3 as follows: (40 ILCS 5/17-116.3) Sec. 17-116.3. Early retirement incentives. (a) A teacher who is covered by a collective bargaining agreement shall not be eligible for the early retirement incentives provided under this Section unless the collective bargaining agent and the Board of Education have entered into an agreement under which the agent agrees that any payment for accumulated unused sick days to which the employee is entitled upon withdrawal from service may be paid by the Board of Education in installments over a period of up to 5 years, and a copy of this agreement has been filed with the Board of the Fund. To be eligible for the benefits provided in this Section, a person must: (1) be a member of this Fund who, on or after May 1, 1993, is (i) in active payroll status as a teacher, or (ii) on layoff status from such a position with a right of re-employment or recall to service, or (iii) on leave of absence from such a position, but only if the member on leave has not been receiving a disability benefit under this Article for a continuous period of 2 years or more as of the date of application; (2) have not previously received a retirement pension under this Article; (3) file with the Board and the Board of Education, before August 15, 1993, a written application requesting the benefits provided in this Section and a notice of resignation from employment, which resignation must take effect before September 1, 1993 unless the applicant's retirement is delayed under subsection (e), (f), or (f-5) of this Section; (4) be eligible to receive a retirement pension under this Article (for which purpose any age enhancement or creditable service received under this Section may be used) and elect to receive the retirement pension beginning no earlier than June 1, 1993 and no later than September 1, 1993 or the date established under subsection (e), (f), or (f-5) of this Section, if applicable; (5) have attained age 50 (without the use of any age enhancement or creditable service received under this Section) by the effective date of the retirement pension; (6) have at least 5 years of creditable service under this Fund or any of the participating systems under the Retirement Systems Reciprocal Act (without the use of any creditable service received under this Section) by the effective date of the retirement pension. (b) An eligible person may establish up to 5 years of creditable service under this Section. In addition, for each period of creditable service established under this Section, a person's age at retirement shall be deemed to be increased by an equal period. The creditable service established under this Section may be used for all purposes under this Article and the Retirement Systems Reciprocal Act, except for the purposes of Section 17-116.1, and the determination of average salary or compensation under this or any other Article of this Code. The age enhancement established under this Section may be used for all purposes under this Article (including calculation of a proportionate pension payable by this Fund under the Retirement Systems Reciprocal Act), except for purposes of the reversionary pension under Section 17-120, and distributions required by federal law on account of age. However, age enhancement established under this Section shall not be used in determining benefits payable under other Articles of this Code under the Retirement Systems Reciprocal Act. (c) For all creditable service established under this Section, the employer must pay to the Fund an employer contribution consisting of 12% of the member's highest annual full-time rate of compensation for each year of creditable service granted under this Section. The employer contribution shall be paid to the Fund in one of the following ways: (i) in a single sum at the time of the member's retirement, (ii) in equal quarterly installments over a period of 5
[March 20, 2001] 100 years from the date of retirement, or (iii) subject to the approval of the Board of the Fund, in unequal installments over a period of no more than 5 years from the date of retirement, as provided in a payment plan designed by the Fund to accommodate the needs of the employer. The employer's failure to make the required contributions in a timely manner shall not affect the payment of the retirement pension. For all creditable service established under this Section, the employee must pay to the Fund an employee contribution consisting of 4% of the member's highest annual salary rate used in the determination of the retirement pension for each year of creditable service granted under this Section. The employee contribution shall be deducted from the retirement annuity in 24 monthly installments. (d) An annuitant who has received any age enhancement or creditable service under this Section and whose pension is suspended or cancelled under Section 17-149 or 17-150 shall thereby forfeit the age enhancement and creditable service. The forfeiture of creditable service under this subsection shall not entitle the employer to a refund of the employer contribution paid under this Section, nor to forgiveness of any part of that contribution that remains unpaid. The forfeiture of creditable service under this subsection shall not entitle the employee to a refund of the employee contribution paid under this Section. (e) If the number of employees of an employer that apply for early retirement under this Section exceeds 30% of those eligible, the employer may require that, for any or all of the number of applicants in excess of that 30%, the starting date of the retirement pension enhanced under this Section be no earlier than June 1, 1994 and no later than September 1, 1994. The right to have the retirement pension begin before June 1, 1994 shall be allocated among the applicants on the basis of seniority in the service of that employer. This delay applies only to persons who are applying for early retirement incentives under this Section, and does not prevent a person whose application for early retirement incentives has been withdrawn from beginning to receive a retirement pension on the earliest date upon which the person is otherwise eligible under this Article. (f) For a member who is notified after July 30, 1993, but before November 29, 1993, that he or she will become a supernumerary or reserve teacher in the 1993-1994 school year: (1) the August 15, 1993 application deadline in subdivision (a)(3) of this Section is extended to December 14, 1993, (2) the September 1, 1993 deadline in subdivision (a)(4) of this Section is extended to December 14, 1993, and (3) the member shall not be included in the calculation of the 30% under subsection (e) and is not subject to delay in retirement under that subsection. (f-5) For a member who is notified after January 1, 1994, but before March 1, 1994, that he or she will become a reserve teacher in the 1993-1994 school year: (1) the August 15, 1993 application deadline in subdivision (a)(3) of this Section is extended to April 1, 1994; (2) the September 1, 1993 deadline in subdivision (a)(4) of this Section is extended to April 1, 1994; and (3) the member shall not be included in the calculation of the 30% under subsection (e) and is not subject to delay in retirement under that subsection. (g) A member who receives any early retirement incentive under Section 17-116.4, 17-116.5 or 17-116.6 may not receive any early retirement incentive under this Section. (h) The version of this Section included in Public Act 88-85 is intended to and shall control over the version of this Section included in Public Act 88-89, notwithstanding Section 6 of the Statute on Statutes. All persons qualifying for early retirement incentives under this Section shall be subject to the limitations and restrictions provided in the version of this Section included in Public Act 88-85, as amended by Public Act 88-511. (i) In addition to the benefits provided under the other provisions of this Section, every person who receives early retirement benefits under this Section is entitled to one additional year of creditable service and a corresponding year of additional age
101 [March 20, 2001] enhancement, for which no additional contribution is required. Every person who receives early retirement benefits under this Section whose retirement annuity has been calculated on the basis of a 4-year average salary is also entitled to have the annuity recalculated on the basis of the average salary for the 3 highest consecutive years within the last 10 years of service. The additional benefits provided by this subsection (i) shall begin to accrue on the date the retirement annuity began, notwithstanding Section 17-157. The Fund shall recalculate all annuities originally calculated under this Section to reflect the additional benefits provided under this subsection and shall pay to the annuitant in a lump sum the difference between the annuity payments paid before the date of the recalculation and the recalculated amount of those payments. (Source: P.A. 88-85; 88-89; 88-511; 88-670, eff. 12-2-94.) Section 10. The State Mandates Act is amended by adding Section 8.25 as follows: (30 ILCS 805/8.25 new) Sec. 8.25. 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 92nd General Assembly. Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2315. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Judiciary I-Civil Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 2315 AMENDMENT NO. 1. Amend House Bill 2315 as follows: on page 1, line 12, by deleting "50 caliber bullet,"; and on page 3, lines 1 and 2, by deleting "50 caliber bullet,"; and on page 3, line 10, by deleting "50 caliber bullets,"; and on page 3, lines 24 and 25, by deleting "50 caliber bullets,"; and on page 3, line 30, by replacing "armor piercing" with "an armor piercing bullet, a dragon's breath shotgun shell, a bolo shell, or a flechette shell
[March 20, 2001] 102 Temporary disability benefits shall be payable to participating employees as hereinafter provided. (a) The participating employee shall be considered temporarily disabled if: 1. He is unable to perform the duties of any position which might reasonably be assigned to him by his employing municipality or instrumentality thereof or participating instrumentality due to mental or physical disability caused by bodily injury or disease, other than as a result of self-inflicted injury or addiction to narcotic drugs; 2. The Board has received written certifications from at least one
103 [March 20, 2001] municipality or instrumentality thereof or participating instrumentality which employed him on the date his temporary disability was incurred; for the purposes of payment of temporary disability benefits, a participating employee, whose employment relationship is terminated by his employing municipality, shall be deemed not to be separated from the service of his employing municipality or participating instrumentality if he continues disabled by the same condition and so long as he is otherwise entitled to such disability benefit. (Source: P.A. 90-766, eff. 8-14-98.) (40 ILCS 5/7-151) (from Ch. 108 1/2, par. 7-151) Sec. 7-151. Total and permanent disability benefits - Commencement and duration. Permanent disability benefits shall be payable: (a) As of the date temporary disability benefits are exhausted; (b) Once a month as of the end of each month; (c) For less than a month in a fraction equal to that created by making the number of days of disability in the month the numerator and the number of the days in the month the denominator; (d) To the beneficiary of a deceased employee for the unpaid amount accrued to the date of death; (e) While total and permanent disability continues; (f) For the period ending on the last day of the month which is the later of the following: 1. the month that the participating employee attains the age for a full Social Security old-age insurance benefit
[March 20, 2001] 104 after that age
105 [March 20, 2001] 4. if it has no participating employees with current earnings, an amount payable which, over a period of 20 years beginning with the year following an award of benefit, will amortize, at the effective rate for that year, any negative balance in its municipality reserve resulting from the award. This amount when established will be payable as a separate contribution whether or not it later has participating employees. (b) A separate municipality contribution rate shall be determined for each calendar year for all participating municipalities together with all instrumentalities thereof. The municipality contribution rate shall be determined for participating instrumentalities as if they were participating municipalities. The municipality contribution rate shall be the sum of the following percentages: 1. The percentage of earnings of all the participating employees of all participating municipalities and participating instrumentalities which, if paid over the entire period of their service, will be sufficient when combined with all employee contributions available for the payment of benefits, to provide all annuities for participating employees, and the $3,000 death benefit payable under Sections 7-158 and 7-164, such percentage to be known as the normal cost rate. 2. The percentage of earnings of the participating employees of each participating municipality and participating instrumentalities necessary to adjust for the difference between the present value of all benefits, excluding temporary and total and permanent disability and death benefits, to be provided for its participating employees and the sum of its accumulated municipality contributions and the accumulated employee contributions and the present value of expected future employee and municipality contributions pursuant to subparagraph 1 of this paragraph (b). This adjustment shall be spread over the remainder of the period that is allowable under generally accepted accounting principles
[March 20, 2001] 106 employees, a portion of the municipality contributions for such program participants shall be refunded or an extra charge assessed so that the amount of municipality contributions retained or received by the fund for all CETA program participants shall be an amount equal to that which would be provided by the separate municipality contribution rate for all such program participants. Refunds shall be made to prime sponsors of programs upon submission of a claim therefor and extra charges shall be assessed to participating municipalities and instrumentalities. In establishing the municipality contribution rate as provided in paragraph (b) of this Section, the use of a separate municipality contribution rate for program participants or the refund of a portion of the municipality contributions, as the case may be, may be considered. (e) Computations of municipality contribution rates for the following calendar year shall be made prior to the beginning of each year, from the information available at the time the computations are made, and on the assumption that the employees in each participating municipality or participating instrumentality at such time will continue in service until the end of such calendar year at their respective rates of earnings at such time. (f) Any municipality which is the recipient of State allocations representing that municipality's contributions for retirement annuity purposes on behalf of its employees as provided in Section 12-21.16 of the Illinois Public Aid Code shall pay the allocations so received to the Board for such purpose. Estimates of State allocations to be received during any taxable year shall be considered in the determination of the municipality's tax rate for that year under Section 7-171. If a special tax is levied under Section 7-171, none of the proceeds may be used to reimburse the municipality for the amount of State allocations received and paid to the Board. Any multiple-county or consolidated health department which receives contributions from a county under Section 11.2 of "An Act in relation to establishment and maintenance of county and multiple-county health departments", approved July 9, 1943, as amended, or distributions under Section 3 of the Department of Public Health Act, shall use these only for municipality contributions by the health department. (g) Municipality contributions for the several purposes specified shall, for township treasurers and employees in the offices of the township treasurers who meet the qualifying conditions for coverage hereunder, be allocated among the several school districts and parts of school districts serviced by such treasurers and employees in the proportion which the amount of school funds of each district or part of a district handled by the treasurer bears to the total amount of all school funds handled by the treasurer. From the funds subject to allocation among districts and parts of districts pursuant to the School Code, the trustees shall withhold the proportionate share of the liability for municipality contributions imposed upon such districts by this Section, in respect to such township treasurers and employees and remit the same to the Board. The municipality contribution rate for an educational service center shall initially be the same rate for each year as the regional office of education or school district which serves as its administrative agent. When actuarial data become available, a separate rate shall be established as provided in subparagraph (i) of this Section. The municipality contribution rate for a public agency, other than a vocational education cooperative, formed under the Intergovernmental Cooperation Act shall initially be the average rate for the municipalities which are parties to the intergovernmental agreement. When actuarial data become available, a separate rate shall be established as provided in subparagraph (i) of this Section. (h) Each participating municipality and participating instrumentality shall make the contributions in the amounts provided in this Section in the manner prescribed from time to time by the Board and all such contributions shall be obligations of the respective participating municipalities and participating instrumentalities to
107 [March 20, 2001] this fund. The failure to deduct any employee contributions shall not relieve the participating municipality or participating instrumentality of its obligation to this fund. Delinquent payments of contributions due under this Section may, with interest, be recovered by civil action against the participating municipalities or participating instrumentalities. Municipality contributions, other than the amount necessary for employee contributions and Social Security contributions, for periods of service by employees from whose earnings no deductions were made for employee contributions to the fund, may be charged to the municipality reserve for the municipality or participating instrumentality. (i) Contributions by participating instrumentalities shall be determined as provided herein except that the percentage derived under subparagraph 2 of paragraph (b) of this Section, and the amount payable under subparagraph 5 of paragraph (a) of this Section, shall be based on an amortization period of 10 years. (Source: P.A. 90-448, eff. 8-16-97.) Section 90. The State Mandates Act is amended by adding Section 8.25 as follows: (30 ILCS 805/8.25 new) Sec. 8.25. 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 92nd General Assembly. Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2 TO HOUSE BILL 2367 AMENDMENT NO. 2. Amend House Bill 2367, AS AMENDED, in the introductory portion of Section 5, before "7-146", by inserting "7-132,"; and in Section 5, by inserting before the beginning of Sec. 7-146 the following: "(40 ILCS 5/7-132) (from Ch. 108 1/2, par. 7-132) Sec. 7-132. Municipalities, instrumentalities and participating instrumentalities included and effective dates. (A) Municipalities and their instrumentalities. (a) The following described municipalities, but not including any with more than 1,000,000 inhabitants, and the instrumentalities thereof, shall be included within and be subject to this Article beginning upon the effective dates specified by the Board: (1) Except as to the municipalities and instrumentalities thereof specifically excluded under this Article, every county shall be subject to this Article, and all cities, villages and incorporated towns having a population in excess of 5,000 inhabitants as determined by the last preceding decennial or subsequent federal census, shall be subject to this Article following publication of the census by the Bureau of the Census. Within 90 days after publication of the census, the Board shall notify any municipality that has become subject to this Article as a result of that census, and shall provide information to the corporate authorities of the municipality explaining the duties and consequences of participation. The notification shall also include a proposed date upon which participation by the municipality will commence. However, for any city, village or incorporated town that attains a population over 5,000 inhabitants after having provided social security coverage for its employees under the Social Security Enabling Act, participation under this Article shall not be mandatory but may be elected in accordance with subparagraph (3) or (4) of this paragraph (a), whichever is applicable. (2) School districts, other than those specifically excluded under this Article, shall be subject to this Article, without election, with respect to all employees thereof. (3) Towns and all other bodies politic and corporate which
[March 20, 2001] 108 are formed by vote of, or are subject to control by, the electors in towns and are located in towns which are not participating municipalities on the effective date of this Act, may become subject to this Article by election pursuant to Section 7-132.1. (4) Any other municipality (together with its instrumentalities), other than those specifically excluded from participation and those described in paragraph (3) above, may elect to be included either by referendum under Section 7-134 or by the adoption of a resolution or ordinance by its governing body. A copy of such resolution or ordinance duly authenticated and certified by the clerk of the municipality or other appropriate official of its governing body shall constitute the required notice to the board of such action. (b) A municipality that is about to begin participation shall submit to the Board an application to participate, in a form acceptable to the Board, not later than 90 days prior to the proposed effective date of participation. The Board shall act upon the application within 90 days, and if it finds that the application is in conformity with its requirements and the requirements of this Article, participation by the applicant shall commence on a date acceptable to the municipality and specified by the Board, but in no event more than one year from the date of application. (c) A participating municipality which succeeds to the functions of a participating municipality which is dissolved or terminates its existence shall assume and be transferred the net accumulation balance in the municipality reserve and the municipality account receivable balance of the terminated municipality. (d) In the case of a Veterans Assistance Commission whose employees were being treated by the Fund on January 1, 1990 as employees of the county served by the Commission, the Fund may continue to treat the employees of the Veterans Assistance Commission as county employees for the purposes of this Article, unless the Commission becomes a participating instrumentality in accordance with subsection (B) of this Section. (B) Participating instrumentalities. (a) The participating instrumentalities designated in paragraph (b) of this subsection shall be included within and be subject to this Article if: (1) an application to participate, in a form acceptable to the Board and adopted by a two-thirds vote of the governing body, is presented to the Board not later than 90 days prior to the proposed effective date; and (2) the Board finds that the application is in conformity with its requirements, that the applicant has reasonable expectation to continue as a political entity for a period of at least 10 years and has the prospective financial capacity to meet its current and future obligations to the Fund, and that the actuarial soundness of the Fund may be reasonably expected to be unimpaired by approval of participation by the applicant. The Board shall notify the applicant of its findings within 90 days after receiving the application, and if the Board approves the application, participation by the applicant shall commence on the effective date specified by the Board. (b) The following participating instrumentalities, so long as they meet the requirements of Section 7-108 and the area served by them or within their jurisdiction is not located entirely within a municipality having more than one million inhabitants, may be included hereunder: i. Township School District Trustees. ii. Multiple County and Consolidated Health Departments created under Division 5-25 of the Counties Code or its predecessor law. iii. Public Building Commissions created under the Public Building Commission Act, and located in counties of less than 1,000,000 inhabitants. iv. A multitype, consolidated or cooperative library system created under the Illinois Library System Act. Any library system
109 [March 20, 2001] created under the Illinois Library System Act that has one or more predecessors that participated in the Fund may participate in the Fund upon application. The Board shall establish procedures for implementing the transfer of rights and obligations from the predecessor system to the successor system. v. Regional Planning Commissions created under Division 5-14 of the Counties Code or its predecessor law. vi. Local Public Housing Authorities created under the Housing Authorities Act, located in counties of less than 1,000,000 inhabitants. vii. Illinois Municipal League. viii. Northeastern Illinois Metropolitan Area Planning Commission. ix. Southwestern Illinois Metropolitan Area Planning Commission. x. Illinois Association of Park Districts. xi. Illinois Supervisors, County Commissioners and Superintendents of Highways Association. xii. Tri-City Regional Port District. xiii. An association, or not-for-profit corporation, membership in which is authorized under Section 85-15 of the Township Code. xiv. Drainage Districts operating under the Illinois Drainage Code. xv. Local mass transit districts created under the Local Mass Transit District Act. xvi. Soil and water conservation districts created under the Soil and Water Conservation Districts Law. xvii. Commissions created to provide water supply or sewer services or both under Division 135 or Division 136 of Article 11 of the Illinois Municipal Code. xviii. Public water districts created under the Public Water District Act. xix. Veterans Assistance Commissions established under Section 9 of the Military Veterans Assistance Act that serve counties with a population of less than 1,000,000. xx. The governing body of an entity, other than a vocational education cooperative, created under an intergovernmental cooperative agreement established between participating municipalities under the Intergovernmental Cooperation Act, which by the terms of the agreement is the employer of the persons performing services under the agreement under the usual common law rules determining the employer-employee relationship. The governing body of such an intergovernmental cooperative entity established prior to July 1, 1988 may make participation retroactive to the effective date of the agreement and, if so, the effective date of participation shall be the date the required application is filed with the fund. If any such entity is unable to pay the required employer contributions to the fund, then the participating municipalities shall make payment of the required contributions and the payments shall be allocated as provided in the agreement or, if not so provided, equally among them. xxi. The Illinois Municipal Electric Agency. xxii. The Waukegan Port District. xxiii. The Fox Waterway Agency created under the Fox Waterway Agency Act. xxiv. The Illinois Municipal Gas Agency. (c) The governing boards of special education joint agreements created under Section 10-22.31 of the School Code without designation of an administrative district shall be included within and be subject to this Article as participating instrumentalities when the joint agreement becomes effective. However, the governing board of any such special education joint agreement in effect before September 5, 1975 shall not be subject to this Article unless the joint agreement is modified by the school districts to provide that the governing board is subject to this Article, except as otherwise provided by this Section.
[March 20, 2001] 110 The governing board of the Special Education District of Lake County shall become subject to this Article as a participating instrumentality on July 1, 1997. Notwithstanding subdivision (a)1 of Section 7-139, on the effective date of participation, employees of the governing board of the Special Education District of Lake County shall receive creditable service for their prior service with that employer, up to a maximum of 5 years, without any employee contribution. Employees may establish creditable service for the remainder of their prior service with that employer, if any, by applying in writing and paying an employee contribution in an amount determined by the Fund, based on the employee contribution rates in effect at the time of application for the creditable service and the employee's salary rate on the effective date of participation for that employer, plus interest at the effective rate from the date of the prior service to the date of payment. Application for this creditable service must be made before July 1, 1998; the payment may be made at any time while the employee is still in service. The employer may elect to make the required contribution on behalf of the employee. The governing board of a special education joint agreement created under Section 10-22.31 of the School Code for which an administrative district has been designated, if there are employees of the cooperative educational entity who are not employees of the administrative district, may elect to participate in the Fund and be included within this Article as a participating instrumentality, subject to such application procedures and rules as the Board may prescribe. The Boards of Control of cooperative or joint educational programs or projects created and administered under Section 3-15.14 of the School Code, whether or not the Boards act as their own administrative district, shall be included within and be subject to this Article as participating instrumentalities when the agreement establishing the cooperative or joint educational program or project becomes effective. The governing board of a special education joint agreement entered into after June 30, 1984 and prior to September 17, 1985 which provides for representation on the governing board by less than all the participating districts shall be included within and subject to this Article as a participating instrumentality. Such participation shall be effective as of the date the joint agreement becomes effective. The governing boards of educational service centers established under Section 2-3.62 of the School Code shall be included within and subject to this Article as participating instrumentalities. The governing boards of vocational education cooperative agreements created under the Intergovernmental Cooperation Act and approved by the State Board of Education shall be included within and be subject to this Article as participating instrumentalities. If any such governing boards or boards of control are unable to pay the required employer contributions to the fund, then the school districts served by such boards shall make payment of required contributions as provided in Section 7-172. The payments shall be allocated among the several school districts in proportion to the number of students in average daily attendance for the last full school year for each district in relation to the total number of students in average attendance for such period for all districts served. If such educational service centers, vocational education cooperatives or cooperative or joint educational programs or projects created and administered under Section 3-15.14 of the School Code are dissolved, the assets and obligations shall be distributed among the districts in the same proportions unless otherwise provided. (d) The governing boards of special recreation joint agreements created under Section 8-10b of the Park District Code, operating without designation of an administrative district or an administrative municipality appointed to administer the program operating under the authority of such joint agreement shall be included within and be subject to this Article as participating instrumentalities when the joint agreement becomes effective. However, the governing board of any such special recreation joint agreement in effect before January 1, 1980 shall not be subject to this Article unless the joint agreement is
111 [March 20, 2001] modified, by the districts and municipalities which are parties to the agreement, to provide that the governing board is subject to this Article. If the Board returns any employer and employee contributions to any employer which erroneously submitted such contributions on behalf of a special recreation joint agreement, the Board shall include interest computed from the end of each year to the date of payment, not compounded, at the rate of 7% per annum. (e) Each multi-township assessment district, the board of trustees of which has adopted this Article by ordinance prior to April 1, 1982, shall be a participating instrumentality included within and subject to this Article effective December 1, 1981. The contributions required under Section 7-172 shall be included in the budget prepared under and allocated in accordance with Section 2-30 of the Property Tax Code. (f) Beginning January 1, 1992, each prospective participating municipality or participating instrumentality shall pay to the Fund the cost, as determined by the Board, of a study prepared by the Fund or its actuary, detailing the prospective costs of participation in the Fund to be expected by the municipality or instrumentality. (Source: P.A. 89-162, eff. 7-19-95; 90-511, eff. 8-22-97.)". There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2370. 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 HOUSE BILL 2370 AMENDMENT NO. 1. Amend House Bill 2370 on page 1, in line 5, by changing "Section 15-146" to "Sections 15-145, 15-146, and 15-153.3"; and on page 1, below line 5, by inserting the following: "(40 ILCS 5/15-145) (from Ch. 108 1/2, par. 15-145) Sec. 15-145. Survivors insurance benefits; conditions and amounts. (a) The survivors insurance benefits provided under this Section shall be payable to the eligible survivors of a participant covered under the traditional benefit package upon the death of (1) a participating employee with at least 1 1/2 years of service, (2) a participant who terminated employment with at least 10 years of service, and (3) an annuitant in receipt of a retirement annuity or disability retirement annuity under this Article. Service under the State Employees' Retirement System of Illinois, the Teachers' Retirement System of the State of Illinois and the Public School Teachers' Pension and Retirement Fund of Chicago shall be considered in determining eligibility for survivors benefits under this Section. If by law, a function of a governmental unit, as defined by Section 20-107, is transferred in whole or in part to an employer, and an employee transfers employment from this governmental unit to such employer within 6 months after the transfer of this function, the service credits in the governmental unit's retirement system which have been validated under Section 20-109 shall be considered in determining eligibility for survivors benefits under this Section. (b) A surviving spouse of a deceased participant, or of a deceased annuitant who did not take a refund or additional annuity consisting of accumulated survivors insurance contributions, shall receive a survivors annuity of 30% of the final rate of earnings. Payments shall begin on the day following the participant's or annuitant's death or the date the surviving spouse attains age 50, whichever is later, and continue until the death of the surviving spouse. The annuity shall be payable to the surviving spouse prior to attainment of age 50 if the
[March 20, 2001] 112 surviving spouse has in his or her care a deceased participant's or annuitant's dependent unmarried child under age 18 (under age 22 if a full-time student) who is eligible for a survivors annuity. Remarriage of a surviving spouse prior to attainment of age 55 that occurs before the effective date of this amendatory Act of the 91st General Assembly shall disqualify him or her for the receipt of a survivors annuity until July 6, 2000. A surviving spouse whose survivors annuity has been terminated due to remarriage prior to attainment of age 55 may apply for reinstatement of that annuity. The reinstated annuity shall begin to accrue on July 6, 2000, except that if, on July 6, 2000, the annuity is payable to an eligible surviving child or parent, payment of the annuity to the surviving spouse shall not be reinstated until the annuity is no longer payable to any eligible surviving child or parent. The reinstated annuity shall include any one-time or annual increases received prior to the date of termination, as well as any increases that would otherwise have accrued from the date of termination to the date of reinstatement. An eligible surviving spouse whose expectation of receiving a survivors annuity was lost due to remarriage before attainment of age 50 shall also be entitled to reinstatement under this subsection, but the resulting survivors annuity shall not begin to accrue sooner than upon the surviving spouse's attainment of age 50. The changes made to this subsection by this amendatory Act of the 92nd General Assembly (pertaining to remarriage prior to age 55 or 50) apply without regard to whether the deceased participant or annuitant was in service on or after the effective date of this amendatory Act. (c) Each dependent unmarried child under age 18 (under age 22 if a full-time student) of a deceased participant, or of a deceased annuitant who did not take a refund or additional annuity consisting of accumulated survivors insurance contributions, shall receive a survivors annuity equal to the sum of (1) 20% of the final rate of earnings, and (2) 10% of the final rate of earnings divided by the number of children entitled to this benefit. Payments shall begin on the day following the participant's or annuitant's death and continue until the child marries, dies, or attains age 18 (age 22 if a full-time student). If the child is in the care of a surviving spouse who is eligible for survivors insurance benefits, the child's benefit shall be paid to the surviving spouse. Each unmarried child over age 18 of a deceased participant or of a deceased annuitant who had a survivor's insurance beneficiary at the time of his or her retirement, and who was dependent upon the participant or annuitant by reason of a physical or mental disability which began prior to the date the child attained age 18 (age 22 if a full-time student), shall receive a survivor's annuity equal to the sum of (1) 20% of the final rate of earnings, and (2) 10% of the final rate of earnings divided by the number of children entitled to survivors benefits. Payments shall begin on the day following the participant's or annuitant's death and continue until the child marries, dies, or is no longer disabled. If the child is in the care of a surviving spouse who is eligible for survivors insurance benefits, the child's benefit may be paid to the surviving spouse. For the purposes of this Section, disability means inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of at least one year. (d) Each dependent parent of a deceased participant, or of a deceased annuitant who did not take a refund or additional annuity consisting of accumulated survivors insurance contributions, shall receive a survivors annuity equal to the sum of (1) 20% of final rate of earnings, and (2) 10% of final rate of earnings divided by the number of parents who qualify for the benefit. Payments shall begin when the parent reaches age 55 or the day following the participant's or annuitant's death, whichever is later, and continue until the parent dies. Remarriage of a parent prior to attainment of age 55 shall disqualify the parent for the receipt of a survivors annuity.
113 [March 20, 2001] (e) In addition to the survivors annuity provided above, each survivors insurance beneficiary shall, upon death of the participant or annuitant, receive a lump sum payment of $1,000 divided by the number of such beneficiaries. (f) The changes made in this Section by Public Act 81-712 pertaining to survivors annuities in cases of remarriage prior to age 55 shall apply to each survivors insurance beneficiary who remarries after June 30, 1979, regardless of the date that the participant or annuitant terminated his employment or died. The change made to this Section by this amendatory Act of the 91st General Assembly, pertaining to remarriage prior to age 55, applies without regard to whether the deceased participant or annuitant was in service on or after the effective date of this amendatory Act of the 91st General Assembly. (g) On January 1, 1981, any person who was receiving a survivors annuity on or before January 1, 1971 shall have the survivors annuity then being paid increased by 1% for each full year which has elapsed from the date the annuity began. On January 1, 1982, any survivor whose annuity began after January 1, 1971, but before January 1, 1981, shall have the survivor's annuity then being paid increased by 1% for each year which has elapsed from the date the survivor's annuity began. On January 1, 1987, any survivor who began receiving a survivor's annuity on or before January 1, 1977, shall have the monthly survivor's annuity increased by $1 for each full year which has elapsed since the date the survivor's annuity began. (h) If the sum of the lump sum and total monthly survivor benefits payable under this Section upon the death of a participant amounts to less than the sum of the death benefits payable under items (2) and (3) of Section 15-141, the difference shall be paid in a lump sum to the beneficiary of the participant who is living on the date that this additional amount becomes payable. (i) If the sum of the lump sum and total monthly survivor benefits payable under this Section upon the death of an annuitant receiving a retirement annuity or disability retirement annuity amounts to less than the death benefit payable under Section 15-142, the difference shall be paid to the beneficiary of the annuitant who is living on the date that this additional amount becomes payable. (j) Effective on the later of (1) January 1, 1990, or (2) the January 1 on or next after the date on which the survivor annuity begins, if the deceased member died while receiving a retirement annuity, or in all other cases the January 1 nearest the first anniversary of the date the survivor annuity payments begin, every survivors insurance beneficiary shall receive an increase in his or her monthly survivors annuity of 3%. On each January 1 after the initial increase, the monthly survivors annuity shall be increased by 3% of the total survivors annuity provided under this Article, including previous increases provided by this subsection. Such increases shall apply to the survivors insurance beneficiaries of each participant and annuitant, whether or not the employment status of the participant or annuitant terminates before the effective date of this amendatory Act of 1990. This subsection (j) also applies to persons receiving a survivor annuity under the portable benefit package. (k) If the Internal Revenue Code of 1986, as amended, requires that the survivors benefits be payable at an age earlier than that specified in this Section the benefits shall begin at the earlier age, in which event, the survivor's beneficiary shall be entitled only to that amount which is equal to the actuarial equivalent of the benefits provided by this Section. (l) The changes made to this Section and Section 15-131 by this amendatory Act of 1997, relating to benefits for certain unmarried children who are full-time students under age 22, apply without regard to whether the deceased member was in service on or after the effective date of this amendatory Act of 1997. These changes do not authorize the repayment of a refund or a re-election of benefits, and any benefit or increase in benefits resulting from these changes is not payable retroactively for any period before the effective date of this
[March 20, 2001] 114 amendatory Act of 1997. (Source: P.A. 90-448, eff. 8-16-97; 90-766, eff. 8-14-98; 91-887, eff. 7-6-00.)"; and on page 2, below line 14, by inserting the following: "(40 ILCS 5/15-153.3) (from Ch. 108 1/2, par. 15-153.3) Sec. 15-153.3. Automatic increase in disability benefit. Each disability benefit payable under Section 15-150 and calculated under Section 15-153 or 15-153.2 that has not yet received an initial increase under this Section shall be increased by 0.25% of the monthly disability benefit multiplied by the number of full months that have elapsed since the benefit began
115 [March 20, 2001] That comprehensive health care coverage must be at least equal to the program of medical assistance provided under Article V of the Illinois Public Aid Code. If such an individual has a spouse or dependents, or both, the health care coverage must also be extended to the spouse and each such dependent. If a". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2567. Having been printed, was taken up and read by title a second time. Representative Mulligan offered the following amendments and moved their adoption: AMENDMENT NO. 1 TO HOUSE BILL 2567 AMENDMENT NO. 1. Amend House Bill 2567 on page 7, in lines 11 and 12, by changing "
[March 20, 2001] 116 that insurance only from an unauthorized insurer
117 [March 20, 2001] the State a sum equal to 3% of the gross premiums less returned premiums upon all surplus line insurance procured or cancelled during the preceding 6 months. Any surplus line producer who fails to pay the full amount due under this subsection is liable, in addition to the amount due, for such penalty and interest charges as are provided for under Section 412 of this Code. The Director, through the Attorney General, may institute an action in the name of the People of the State of Illinois, in any court of competent jurisdiction, for the recovery of the amount of such taxes and penalties due, and prosecute the same to final judgment, and take such steps as are necessary to collect the same. (b) Fire Marshal Tax. Each surplus line producer shall file with the Director on or before March 31 of each year a report in the form prescribed by the Director on all fire insurance procured from unauthorized insurers subject to tax under Section 12 of the Fire Investigation Act and shall pay to the Director the fire marshal tax required thereunder. (c) Taxes and fees charged to insured. The taxes imposed under this subsection and the countersigning fees charged by the Surplus Line Association of Illinois may be charged to and collected from surplus line insureds. (4) Bond. Each surplus line producer, as a condition to receiving a surplus line producer's license, shall execute and deliver to the Director a surety bond to the People of the State in the penal sum of $20,000, with a surety which is authorized to transact business in this State, conditioned that the surplus line producer will pay to the Director the tax, interest and penalties levied under subsection (3) of this Section. (5) Submission of documents to Surplus Line Association of Illinois. A
[March 20, 2001] 118 maintained on paper or by electronic means, which records shall be open at all times for inspection by the Director and by the Surplus Line Association of Illinois. (8) Violations and penalties. The Director may suspend or revoke or refuse to renew a surplus line producer license for any violation of this Code. In addition to or in lieu of suspension or revocation, the Director may subject a surplus line producer to a civil penalty of up to $1,000 for each cause for suspension or revocation. Such penalty is enforceable under subsection (5) of Section 403A of this Code. (9) Director may declare insurer ineligible. If the Director determines that the further assumption of risks might be hazardous to the policyholders of an unauthorized insurer, the Director may order the Surplus Line Association of Illinois not to countersign insurance contracts evidencing insurance in such insurer and order surplus line producers to cease procuring insurance from such insurer. (10) Service of process upon Director.
119 [March 20, 2001] term of the contract or policy during which the contract was not in force.". There being no further amendments, the foregoing Amendments numbered 1, 2 and 3 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3017. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Tourism, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3017 AMENDMENT NO. 1. Amend House Bill 3017 on page 1, line 1, by replacing "Tourism Promotion Fund" with "tourism"; and on page 1, line 6, by replacing "Section 605-710" with "Sections 605-705 and 605-710"; and on page 1, immediately below line 6 by inserting the following: "(20 ILCS 605/605-705) (was 20 ILCS 605/46.6a) Sec. 605-705. Grants to local tourism and convention bureaus. (a) To establish a grant program for local tourism and convention bureaus. The Department will develop and implement a program for the use of funds, as authorized under this Act, by local tourism and convention bureaus. For the purposes of this Act, bureaus eligible to receive funds are those local tourism and convention bureaus that are (i) either units of local government or incorporated as not-for-profit organizations; (ii) in legal existence for a minimum of 2 years before July 1, 2001; (iii) operating with a paid, full-time staff whose sole purpose is to promote tourism in the designated service area; and (iv) affiliated with one or more municipalities or counties that support the bureau with local hotel-motel taxes. After July 1, 2001, bureaus requesting certification in order to receive funds for the first time must be local tourism and convention bureaus that are (i) either units of local government or incorporated as not-for-profit organizations; (ii) in legal existence for a minimum of 2 years before the request for certification; (iii) operating with a paid, full-time staff whose sole purpose is to promote tourism in the designated service area; and (iv) affiliated with multiple municipalities or counties that support the bureau with local hotel-motel taxes
[March 20, 2001] 120 on page 1, immediately below line 28, by inserting the following: "Section 15. The Illinois Promotion Act is amended by changing Sections 1, 2, 3, 4, 4a, 5, 7, 8a, 9, 10, 11, 13, 13a, and 14 as follows: (20 ILCS 665/1) (from Ch. 127, par. 200-21) Sec. 1. Short title. This Act shall be known and cited as the Illinois Promotion Act. (Source: Laws 1963, p. 2209.) (20 ILCS 665/2) (from Ch. 127, par. 200-22) Sec. 2. Legislative findings; policy. The General Assembly hereby finds, determines and declares: (a) That the health, safety, morals and general welfare of the people of the State are directly dependent upon the continual encouragement, development, growth and expansion of tourism within the State; (b) That unemployment, the spread of indigency, and the heavy burden of public assistance and unemployment compensation can be alleviated by the promotion, attraction, stimulation, development and expansion of tourism in the State; (c) That the policy of the State of Illinois, in the interest of promoting the health, safety, morals and welfare of all the people of the State, is to increase the economic impact of tourism
121 [March 20, 2001] but not limited to, the Internet, television,
[March 20, 2001] 122 Fair-1992 Authority Act during the preceding month. "Net revenue realized for a month" means the revenue collected by the State under that Act during the previous month less the amount paid out during that same month as refunds to taxpayers for overpayment of liability under that Act. All monies deposited in the Tourism Promotion Fund under this subsection (2) shall be used solely as provided in this subsection to advertise and promote tourism throughout Illinois. Appropriations of monies deposited in the Tourism Promotion Fund pursuant to this subsection (2) shall be used solely for advertising to promote tourism, including but not limited to advertising production and direct advertisement costs, but shall not be used to employ any additional staff, finance any individual event, or lease, rent or purchase any physical facilities. The Department shall coordinate its advertising under this subsection (2) with other public and private entities in the State engaged in similar promotion activities. Print or electronic media production made pursuant to this subsection (2) for advertising promotion shall not contain or include the physical appearance of or reference to the name or position of any public officer. "Public officer" means a person who is elected to office pursuant to statute, or who is appointed to an office which is established, and the qualifications and duties of which are prescribed, by statute, to discharge a public duty for the State or any of its political subdivisions. (Source: P.A. 90-26, eff. 7-1-97; 90-77, eff. 7-8-97; 90-655, eff. 7-30-98; 91-472, eff. 8-10-99.) (20 ILCS 665/5) (from Ch. 127, par. 200-25) Sec. 5. Marketing and private sector programs. (a) The Department is authorized to make grants, subject to appropriation, from funds transferred into the Tourism Promotion Fund under subsection (1) of Section 4a to counties, municipalities, not-for-profit organizations and local promotion groups and to assist such counties, municipalities and local promotion groups in the promotion of tourism attractions and tourism events
123 [March 20, 2001] (Source: P.A. 90-26, eff. 7-1-97.) (20 ILCS 665/7) (from Ch. 127, par. 200-27) Sec. 7. Notice of approval and grant. Upon approval of each application and the making of a grant by the Department in accordance therewith, the Department shall give notice to the applicant of such approval and grant, and shall direct the applicant to proceed with its proposed tourism
[March 20, 2001] 124 maintain an affirmative action program designed to promote equal employment opportunity and eliminate the effects of past discrimination. Such program shall include a plan which shall specify goals and methods for increasing participation by women and minorities in employment by parties which receive funds pursuant to this Act. The Department shall submit a detailed plan with the General Assembly prior to March 1 of each year. Such program shall also establish procedures to ensure compliance with the plan established pursuant to this Section and with State and federal laws and regulations relating to the employment of women and minorities. (Source: P.A. 83-1129.) (20 ILCS 665/14) (from Ch. 127, par. 200-34) Sec. 14. Severability. If any section, subdivision, sentence or clause of this Act is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Act. (Source: Laws 1963, p. 2209.) (20 ILCS 665/6 rep.) Section 20. The Illinois Promotion Act is amended by repealing Section 6.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3054. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Counties & Townships, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3054 AMENDMENT NO. 1. Amend House Bill 3054 on page 2, by replacing lines 28 through 30 with the following: "Registrar may charge fees under this Section
125 [March 20, 2001] numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1915. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 1915 AMENDMENT NO. 1__. Amend House Bill 1915 by replacing everything after the enacting clause with the following: "Section 5. The Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois is amended by adding Section 805-545 as follows: (20 ILCS 805/805-545 new) Sec. 805-545. The Department of Natural Resources may enter into one or more interstate compacts concerning conservation law violators with one or more other states. The Department may adopt administrative rules necessary to implement these compacts. Section 10. The Fish and Aquatic Life Code is amended by changing Sections 20-35, 20-75, and 20-80 as follows: (515 ILCS 5/20-35) (from Ch. 56, par. 20-35) Sec. 20-35. Offenses. Except as prescribed in Section 5-25 and unless otherwise provided in this Code, any person who is found guilty of violating any of the provisions of this Code, including administrative rules, is
[March 20, 2001] 126 be $300 a year, and for non-residents of the State of Illinois the fee shall be $2,500 a year. These permits shall expire on the 31st day of January of each year. A report of each year's activities of each person holding a permit shall be required as directed by the Department.
127 [March 20, 2001] license or a violation of any of the provisions of this Act or its rules, the license may be revoked by the Department. The Department may also refuse to issue any license to that person and may suspend that person from engaging in any activity requiring the license for a period of time not to exceed 5 years following the revocation. (b) If a person who has not been issued a license under this Act is found guilty of a violation of any of the provisions of this Act or its rules, the Department may refuse to issue any license to that person and may suspend that person from engaging in any activity requiring the license for a period of time not to exceed 5 years. (c) The Department's license revocation procedures must be established by administrative rule. (d) Any person who violates any of the provisions of this Act or its rules during any period when his or her license is revoked or denied by virtue of this Section, or during the time he or she is suspended under subsection (b), is guilty of a Class A misdemeanor. (e) A person whose license to engage in any activity regulated under this Act has been suspended or revoked may not, during the period of the suspension or revocation or until obtaining the proper license, (i) be in the company of any person engaging in the activity covered by the license or (ii) serve as a guide or facilitator for a person who is engaged or prepared to engage in the activity covered by the license. Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3098. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on State Government Administration, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3098 AMENDMENT NO. 1. Amend House Bill 3098 on page 1, in line 29, by inserting "the court or" after "of". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3105. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Consumer Protection, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3105 AMENDMENT NO. 1. Amend House Bill 3105 on page 1, line 16, by changing "(g)" to "(d)"; and on page 1 by replacing lines 19 through 31 with the following: "(b) The Commission shall adopt rules providing for enhanced enrollment for eligible consumers to receive lifeline service. Enhanced enrollment may include, but is not limited to, joint marketing, joint application, or joint processing with the Low-Income Home Energy Assistance Program, the Medicaid program, or the Food Stamp program. The Department of Human Services, the Department of Public Aid, and the Department of Commerce and Community Affairs, upon request of the Commission, shall assist in the adoption and implementation of those rules. The Commission and the Department of Human Services, the Department of Public Aid, and the Department of Commerce and Community Affairs may enter into memoranda of understanding establishing the
[March 20, 2001] 128 respective duties of the Commission and the Departments in relation to enhanced enrollment."; and on page 2 by deleting lines 1 through 16; and on page 2, line 17, by changing "(f)" to "(c)"; and on page 2, line 20, by changing "(g)" to "(d)". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3118. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on The Disabled Community, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3118 AMENDMENT NO. 1. Amend House Bill 3118 on page 4, by replacing lines 17 through 20 with the following: "(iv) An $8 per hour minimum rate beginning July 1, 2001. (v) A $9 per hour minimum rate beginning January 1, 2002.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3136. 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 HOUSE BILL 3136 AMENDMENT NO. 1. Amend House Bill 3136 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Pension Code is amended by changing Sections 9-121.6, 9-121.15, 9-134, 9-134.3, 9-163, 9-179.3, 9-185, 9-186, 9-187, 9-219, and 14-105.7 and adding Sections 9-121.14, 9-121.16, and 9-134.4 as follows: (40 ILCS 5/9-121.6) (from Ch. 108 1/2, par. 9-121.6) Sec. 9-121.6. Alternative annuity for county officers. (a) Any county officer elected by vote of the people 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. Such 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 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 Sections 9-170 and 9-176. (2) For service 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
129 [March 20, 2001] Article, any county officer elected by vote of the people who
[March 20, 2001] 130 Sec. 9-121.15. Transfer of credit from Article 14 system. A current or former
131 [March 20, 2001] January 1, 1993, at age 60 or over with 5 or more years of service, may elect, in lieu of any other employee annuity provided in this Section, to receive an annuity for life equal to 2.20% for each of the first 20 years of service, and 2.40% for each year of service in excess of 20, based on the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal. An employee who withdraws on or after January 1, 1992, but before January 1, 1993, on or after attainment of age 55 but before attainment of age 60 with 5 or more years of service, is entitled to elect such annuity, but the annuity shall be reduced 0.25% for each full month or fractional part thereof that his attained age when the annuity is to begin is less than age 60, to the end that the total reduction at age 55 shall be 15%, except that an employee retiring at age 55 or over but less than age 60, having at least 30 years of service, shall not be subject to the reduction in retirement annuity because of retirement below age 60. This annuity benefit formula shall only apply to those employees who are age 55 or over prior to January 1, 1993, and who elect to withdraw at age 55 or over on or after January 1, 1992 but before January 1, 1993. An employee who withdraws on or after July 1, 1996 but before August 1, 1996, at age 55 or over with 8 or more years of service, may elect, in lieu of any other employee annuity provided in this Section, to receive an annuity for life equal to 2.20% for each of the first 20 years of service, and 2.40% for each year of service in excess of 20, based on the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal, but the annuity shall be reduced by 0.25% for each full month or fractional part thereof that the annuitant's attained age when the annuity is to begin is less than age 60, unless the annuitant has at least 30 years of service. The maximum annuity under this paragraph (a) shall not exceed 70% of highest average annual salary for any 5 consecutive years within the last 10 years of service in the case of an employee who withdraws prior to July 1, 1971, and 75% of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal if withdrawal takes place on or after July 1, 1971 and prior to January 1, 1988, and 80% of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal if withdrawal takes place on or after January 1, 1988. Fifteen hundred dollars shall be considered the minimum amount of annual salary for any year, and the maximum shall be his salary as defined in this Article, except that for the years before 1957 and subsequent to 1952 the maximum annual salary to be considered shall be $6,000, and for any year before the year 1953, $4,800. (b) Any employee who withdraws on or after July 1, 1985 but prior to January 1, 1988, at age 60 or over with 10 or more years of service, may elect in lieu of the benefit in paragraph (a) to receive an annuity for life equal to 2.00% for each year of service, based on the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal. An employee who withdraws on or after July 1, 1985, but prior to January 1, 1988, with 10 or more years of service, but before age 60, is entitled to elect such annuity, to begin not earlier than age 55, but the annuity shall be reduced 0.5% for each full month or fractional part thereof that his attained age when the annuity is to begin is less than 60, to the end that the total reduction at age 55 shall be 30%; except that an employee retiring at age 55 or over but less than age 60, having at least 30 years of service, shall not be subject to the reduction in retirement annuity because of retirement below age 60. An employee who withdraws on or after January 1, 1988, at age 60 or over with 10 or more years of service, may elect, in lieu of the benefit in paragraph (a), to receive an annuity for life equal to 2.20% for each of the first 20 years of service, and 2.4% for each year of service in excess of 20, based on the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately
[March 20, 2001] 132 preceding the date of withdrawal. An employee who withdraws on or after January 1, 1988, with 10 or more years of service, but before age 60, is entitled to elect such annuity, to begin not earlier than age 50, but the annuity shall be reduced 0.5% for each full month or fractional part thereof that his attained age when the annuity is to begin is less than 60, to the end that the total reduction at age 50 shall be 60%, except that an employee retiring at age 50 or over but less than age 60, having at least 30 years of service, shall not be subject to the reduction in retirement annuity because of retirement below age 60. An employee who withdraws on or after December 31, 2000 with 10 or more years of service may elect, in lieu of any other retirement annuity provided under this Article, to receive an annuity for life, beginning no earlier than upon attainment of age 50, equal to 2.40% of his or her highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding withdrawal, for each year of service. If the employee has less than 30 years of service, the annuity shall be reduced by 0.5% for each full month or remaining fraction thereof that the employee's attained age when the annuity is to begin is less than 60. The maximum annuity under this paragraph (b) shall not exceed 75% of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal if withdrawal occurs prior to January 1, 1988, or 80% of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal if withdrawal takes place on or after January 1, 1988. The provisions of this paragraph (b) do not apply to any former County employee receiving an annuity from the fund, who re-enters service as a County employee, unless he renders at least 3 years of additional service after the date of re-entry. (c) For an employee receiving disability benefit, the salary for annuity purposes under paragraph (a) or (b) of this Section shall, for all periods of disability benefit subsequent to the year 1956, be the amount on which his disability benefit was based. (d) A county employee with 20 or more years of service, whose entire disability benefit credit period expires before attainment of age 50 (age 55 if expiration occurs before January 1, 1988), while still disabled for service is entitled upon withdrawal to the larger of: (1) The minimum annuity provided above, assuming that he is then age 50 (age 55 if expiration occurs before January 1, 1988), and reducing such annuity to its actuarial equivalent at his attained age on such date, or (2) the annuity provided from his age and service and prior service annuity credits. (e) The minimum annuity provisions above do not apply to any former county employee receiving an annuity from the fund, who re-enters service as a county employee, unless he renders at least 3 years of additional service after the date of re-entry. (f) Any employee in service on July 1, 1947, or who enters service thereafter before attaining age 65 and withdraws after age 65 with less than 10 years of service for whom the annuity has been fixed under the foregoing Sections of this Article, shall, instead of the annuity so fixed, receive an annuity as follows: Such amount as he could have received had the accumulated amounts for annuity been improved with interest at the effective rate to the date of withdrawal, or to attainment of age 70, whichever is earlier, and had the county contributed to such earlier date for age and service annuity the amount that it would have contributed had he been under age 65, after the date his annuity was fixed in accordance with this Article, and assuming his annuity were computed from such accumulations as of his age on such earlier date. However those employees who before July 1, 1953, made additional contributions in accordance with this Article, the annuity so computed under this paragraph shall not exceed the annuity which would be payable under the other provisions of this Section if the employee concerned was credited with 20 years of service
133 [March 20, 2001] and would qualify for annuity thereunder. (g) Instead of the annuity provided in this or any other Section of this Article, an employee having attained age 65 with at least 15 years of service may elect to receive a minimum annual annuity for life equal to 1% of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding retirement for each year of service, plus the sum of $25 for each year of service provided that no such minimum annual annuity may be greater than 60% of such highest average annual salary. (h) The annuity is payable in equal monthly installments. (i) If, by operation of law, a function of a governmental unit, as defined by Section 20-107 of this Code, is transferred in whole or in part to the county in which this Article 9 is created as set forth in Section 9-101, and employees of the governmental unit are transferred as a class to such county, the earnings credits in the retirement system covering the governmental unit which have been validated under Section 20-109 of this Code shall be considered in determining the highest average annual salary for purposes of this Section 9-134. (j) The annuity being paid to an employee annuitant on July 1, 1988, shall be increased on that date by 1% for each full year that has elapsed from the date the annuity began. (k) Notwithstanding anything to the contrary in this Article 9, Section 20-131 shall not apply to an employee who withdraws on or after January 1, 1988, but prior to attaining age 55. Therefore, no employee shall be entitled to elect to have the alternative formula previously set forth in Section 20-122 prior to the amendatory Act of 1975 apply to any annuity, the payment of which commenced after January 1, 1988, but prior to such employee's attainment of age 55. (Source: P.A. 86-272; 87-794.) (40 ILCS 5/9-134.3) Sec. 9-134.3. Early retirement incentives. (a) To be eligible for the benefits provided in this Section, a person must: (1) be a current contributing member of the Fund established under this Article who, on May 1, 1997 and within 30 days prior to the date of retirement, is (i) in active payroll status in a position of employment under this Article or (ii) receiving disability benefits under Section 9-156 or 9-157; or else be eligible under subsection (g); (2) have not previously retired from the Fund, except as provided under subsection (g); (3) file with the Board before October 1, 1997 (or the date specified in subsection (g), if applicable)
[March 20, 2001] 134 in retirement annuity because of retirement below age 60 that is otherwise required under that Section. (c) A person who elects to retire under the provisions of this Section thereby relinquishes his or her right, if any, to have the retirement annuity calculated under the alternative formula formerly set forth in Section 20-122 of the Retirement Systems Reciprocal Act. (d) In the case of an employee whose immediate retirement could jeopardize public safety or create hardship for the employer, the deadline for retirement provided in subdivision (a)(4) of this Section may be extended to a specified date, no later than August 31, 1998, by the employee's department head, with the approval of the President of the County Board. In the case of an employee who is not employed by a department of the County, the employee's "department head", for the purposes of this Section, shall be a person designated by the President of the County Board. (e) Notwithstanding Section 9-161, an annuitant who reenters service under this Article after receiving a retirement annuity based on benefits provided under this Section thereby forfeits the right to continue to receive those benefits and shall have his or her retirement annuity recalculated without the benefits provided in this Section. (f) This Section also applies to the Fund established under Article 10 of this Code. (g) A person who (1) was a participating employee on November 30, 1996, (2) was laid off on or after December 1, 1996 and before May 1, 1997 due to the elimination of the employee's job or position, (3) meets the requirements of items (3) through (6) of subsection (a), and (4) has not been reinstated as a Cook County employee since being laid off is eligible for the benefits provided under this Section. For such a person, the application required under subdivision (a)(3) of this Section must be filed within 60 days after the effective date of this amendatory Act of the 92nd General Assembly, and the date of retirement must be within 60 days after the effective date of this amendatory Act. In the case of a person eligible under this subsection (g) who began to receive a retirement annuity before the effective date of this amendatory Act, the annuity shall be recalculated to include the increase under this Section, and that increase shall take effect on the first annuity payment date following the date of application. (Source: P.A. 90-32, eff. 6-27-97.) (40 ILCS 5/9-134.4 new) Sec. 9-134.4. Early retirement incentives. (a) To be eligible for the benefits provided in this Section, a person must: (1) be a current contributing member of the Fund established under this Article who, on January 1, 2001 and within 30 days prior to the date of retirement, is (i) in active payroll status in a position of employment under this Article or (ii) receiving disability benefits under Section 9-156 or 9-157; (2) have not previously retired from the Fund; (3) file with the Board before June 1, 2002 a written application requesting the benefits provided in this Section; (4) elect to retire under this Section on or after June 1, 2002 and on or before November 30, 2002 (or the date established under subsection (d), if applicable); (5) have attained age 50 on or before the date of retirement and before November 30, 2002; and (6) have at least 20 years of creditable service in the Fund, excluding service in any of the other participating systems under the Retirement Systems Reciprocal Act, by the effective date of the retirement annuity or November 30, 2002, whichever occurs first. (b) An employee who qualifies for the benefits provided under this Section shall be entitled to the following: (1) The employee's retirement annuity, as calculated under the other provisions of this Article, shall be increased at the time of retirement by an amount equal to 1% of the employee's average annual salary for the highest 4 consecutive years within the last 10 years of service, multiplied by the employee's number
135 [March 20, 2001] of years of service credit in this Fund up to a maximum of 10 years; except that the total retirement annuity, including any additional benefits elected under Section 9-121.6 or 9-179.3, shall not exceed 80% of that highest average annual salary. (2) If the employee's retirement annuity is calculated under Section 9-134, the employee shall not be subject to the reduction in retirement annuity because of retirement below age 60 that is otherwise required under that Section. (c) A person who elects to retire under the provisions of this Section thereby relinquishes his or her right, if any, to have the retirement annuity calculated under the alternative formula formerly set forth in Section 20-122 of the Retirement Systems Reciprocal Act. (d) In the case of an employee whose immediate retirement could jeopardize public safety or create hardship for the employer, the deadline for retirement provided in subdivision (a)(4) of this Section may be extended to a specified date, no later than May 31, 2003, by the employee's department head, with the approval of the President of the County Board. In the case of an employee who is not employed by a department of the County, the employee's "department head", for the purposes of this Section, shall be a person designated by the President of the County Board. (e) Notwithstanding Section 9-161, an annuitant who reenters service under this Article after receiving a retirement annuity based on benefits provided under this Section thereby forfeits the right to continue to receive those benefits and shall have his or her retirement annuity recalculated without the benefits provided in this Section. (f) This Section also applies to the Fund established under Article 10 of this Code. (40 ILCS 5/9-163) (from Ch. 108 1/2, par. 9-163) Sec. 9-163. Restoration of rights. An employee who has withdrawn as a refund the amounts credited for annuity purposes, and who re-enters service and serves for periods comprising at least 2 years after the date of the last refund paid to him, may have his annuity rights restored by making application to the board in writing for the privilege of reinstating such rights and by compliance with the following provisions: (a) The employee shall repay in full to the fund while in service all refunds received, together with interest at the effective rate from the application date of such refund or refunds to the date of repayment. (b) If payment is not made in a single sum, the repayment may be made in installments by deductions from salary or otherwise in such amounts as the employee may elect to pay, with interest at the effective rate accruing on unpaid balances. (c) If the employee withdraws from service or dies in service before full repayment is made, or during the required return to service, the amounts repaid, including interest repaid but without further interest, shall be refunded in accordance with the refund provisions of this Article. For an employee who applies to the Fund to reinstate credit and repay a refund between January 1, 1993 and March 1, 1993, the 2 year minimum period of subsequent service required under item (a) shall be instead a period of 6 months. A person who establishes service credit under Section 9-121.16 may, at the same time, reinstate credit in this Fund and repay a refund without a return to service, notwithstanding the other provisions of this Section. (Source: P.A. 87-1265.) (40 ILCS 5/9-179.3) (from Ch. 108 1/2, par. 9-179.3) Sec. 9-179.3. Optional plan of additional benefits and contributions. (a) While this plan is in effect, an employee may establish additional optional credit for additional optional benefits by electing in writing at any time to make additional optional contributions. The employee may discontinue making the additional optional contributions at any time by notifying the fund in writing.
[March 20, 2001] 136 (b) Additional optional contributions for the additional optional benefits shall be as follows: (1) For service 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 Sections 9-170 and 9-176. (2) For service 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. (c) Additional optional benefits shall accrue for all periods of eligible service for which additional contributions are paid in full. The additional benefit shall consist of an additional 1% for each year of service for which optional contributions have been paid, based on the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal, to be added to the employee retirement annuity benefits as otherwise computed under this Article. The calculation of these additional benefits shall be subject to the same terms and conditions as are used in the calculation of retirement annuity under Section 9-134. The additional benefit shall be included in the calculation of the automatic annual increase in annuity, and in the calculation of widow's annuity, where applicable. However no additional benefits will be granted which produce a total annuity greater than the applicable maximum established for that type of annuity in this Article, and additional benefits shall not apply to any benefit computed under Section 9-128.1. (d) Refunds of additional optional contributions shall be made on the same basis and under the same conditions as provided under Sections 9-164, 9-166 and 9-167. Interest shall be credited at the effective rate on the same basis and under the same conditions as for other contributions. (e) Optional contributions shall be accounted for in a separate Optional Contribution Reserve. (f) The tax levy, computed under Section 9-169, shall be based on employee contributions including the amount of optional additional employee contributions. (g) Service eligible under this Section may include only service as an employee of the County as defined in Section 9-108, and subject to Sections 9-219 and 9-220. No service granted under Section 9-121.1, 9-121.4 or 9-179.2 shall be eligible for optional service credit. No optional service credit may be established for any military service, or for any service under any other Article of this Code. Optional service credit may be established for any period of disability paid from this fund, if the employee makes additional optional contributions for such periods of disability. (h) This plan of optional benefits and contributions shall not apply to any former county employee receiving an annuity from the fund, who re-enters service as a County employee, unless he renders at least 3 years of additional service after the date of re-entry. (i) The effective date of the optional plan of additional benefits and contributions shall be July 1, 1985, or the date upon which approval is received from the Internal Revenue Service, whichever is later. (j) This plan of additional benefits and contributions shall expire July 1, 2005
137 [March 20, 2001] (a) A board of 9
[March 20, 2001] 138 following year. Until December 1, 2001, the position created under this subsection (f) may be filled by the board as in the case of a vacancy. (Source: P.A. 85-964; 86-1488.) (40 ILCS 5/9-186) (from Ch. 108 1/2, par. 9-186) Sec. 9-186. Board elections. In each year, the board shall conduct a regular election, under rules adopted by it, at least 30 days prior to the expiration of the term of each elected employee or annuitant member. To be eligible to be a county employee member, a person must be an employee of the county and must have at least 5 years of service credit in that capacity by December 1 of the year of election. To be eligible to be a forest preserve district member, a person must be an employee of the forest preserve district and must have at least 5 years of service credit in that capacity by December 1 of the year of election. Only those persons who are employees of the county shall be eligible to vote for the 3 county employee members, only those persons who are employees of the forest preserve district shall be eligible to vote for the forest preserve district member,
139 [March 20, 2001] (40 ILCS 5/9-219) (from Ch. 108 1/2, par. 9-219) Sec. 9-219. Computation of service. (1) In computing the term of service of an employee prior to the effective date, the entire period beginning on the date he was first appointed and ending on the day before the effective date, except any intervening period during which he was separated by withdrawal from service, shall be counted for all purposes of this Article. (2) In computing the term of service of any employee on or after the effective date, the following periods of time shall be counted as periods of service for age and service, widow's and child's annuity purposes: (a) The time during which he performed the duties of his position. (b) Vacations, leaves of absence with whole or part pay, and leaves of absence without pay not longer than 90 days. (c) For an employee who is a member of a county police department or a correctional officer with the county department of corrections, approved leaves of absence without pay during which the employee serves as a full-time officer or employee
[March 20, 2001] 140 computing the effective date of the annuity. (3) In computing the term of service of an employee on or after the effective date for ordinary disability benefit purposes, the following periods of time shall be counted as periods of service: (a) Unless otherwise specified in Section 9-157, the time during which he performed the duties of his position. (b) Paid vacations and leaves of absence with whole or part pay. (c) Any period for which he received duty disability benefit. (d) Any period of disability for which he received whole or part pay. (4) For an employee who on January 1, 1958, was transferred by Act of the 70th General Assembly from his position in a department of welfare of any city located in the county in which this Article is in force and effect to a similar position in a department of such county, service shall also be credited for ordinary disability benefit and child's annuity for such period of department of welfare service during which period he was a contributor to a statutory annuity and benefit fund in such city and for which purposes service credit would otherwise not be credited by virtue of such involuntary transfer. (5) An employee described in subsection (e) of Section 9-108 shall receive credit for child's annuity and ordinary disability benefit for the period of time for which he was credited with service in the fund from which he was involuntarily separated through class or group transfer; provided, that no such credit shall be allowed to the extent that it results in a duplication of credits or benefits, and neither shall such credit be allowed to the extent that it was or may be forfeited by the application for and acceptance of a refund from the fund from which the employee was transferred. (6) Overtime or extra service shall not be included in computing service. Not more than 1 year of service shall be allowed for service rendered during any calendar year. (Source: P.A. 86-1488; 87-794; 87-1265.) (40 ILCS 5/14-105.7) Sec. 14-105.7. Transfer to Article 9 fund. (a) Until July 1, 2002
141 [March 20, 2001] implementation of any mandate created by this amendatory Act of the 92nd General Assembly. Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2 TO HOUSE BILL 3136 AMENDMENT NO. 2. Amend House Bill 3136, AS AMENDED, in the introductory portion of Section 5, before "9-163", by inserting "9-146.1,"; and in Section 5, before the beginning of Sec. 9-163, by inserting the following: "(40 ILCS 5/9-146.1) (from Ch. 108 1/2, par. 9-146.1) Sec. 9-146.1. Minimum annuities for widows. The widow of an employee who retires from service or dies while in the service subsequent to June 11, 1965, who is otherwise eligible for widow's annuity under this Article and for whom the amount of widow's annuity and widow's prior service annuity combined, fixed or provided for such widow under other provisions of this Article 9 is less than the amount hereinafter provided in this Section, shall, from and after the date her otherwise provided annuity would begin, in lieu of such otherwise provided widow's and widow's prior service annuity, be entitled to the following indicated amount of annuity: (a) The widow
[March 20, 2001] 142 (c) The foregoing provisions relating to minimum annuities for widows shall not apply to the widow of any former county employee receiving an annuity from the Fund on June 11, 1965, who re-enters service as a county employee, unless such employee renders at least 3 years of additional service after the date of re-entry. (d) An annuity being paid to a surviving spouse on January 1, 1984 shall be increased by 10% and shall thereafter be paid at the increased rate until the termination of the annuity by death or other cause. The annuity for a qualifying widow shall not exceed $500 per month. (e) The widow of any employee who dies while in service on or after July 1, 1985 but prior to January 1, 1988, and the widow of an employee who retires on or after July 1, 1985 but prior to January 1, 1988 with at least 10 years of service, and the widow of an employee who retires on or after January 1, 1984 but prior to July 1, 1985 with at least 30 years of service, shall be entitled to an annuity equal to one-half of the amount of annuity which her deceased husband would have received had he retired immediately prior to his death or one-half the amount of the originally granted retirement annuity, whichever is applicable. Such widow's annuity will be reduced 0.5% for each month that the widow's attained age is less than age 60 on the date of the employee's death in service or retirement if the employee's death in service or retirement is before January 1, 1988; except that such younger widow of an employee with at least 30 years of service shall not be subject to the reduction in widow's annuity because of her age less than 60 on the date of the employee's death in service or retirement. The widow of an employee who dies in service on or after January 1, 1988, or retires on or after January 1, 1988 with at least 10 years of service, shall be entitled to an annuity equal to 1/2 of the amount of annuity which her deceased husband would have received had he retired immediately prior to his death or 1/2 of the amount of the annuity which her deceased husband received as of the date of his death, whichever is applicable. Such widow's annuity shall be reduced 0.5% for each month that the widow's attained age is less than age 60 on the date of the employee's death if employee's death in service or retirement is after January 1, 1988; except that such younger widow of an employee with at least 30 years of service shall not be subject to the reduction in widow's annuity because of her age on the date of the employee's death. In lieu of any other annuity provided by this Article, the widow of an employee who dies in service on or after January 1, 1992, or retires on or after January 1, 1992 with at least 10 years of service, shall be entitled to an annuity equal to 1/2 of the amount of annuity which her deceased husband would have received had he retired immediately prior to his death or 1/2 of the amount of the annuity which her deceased husband received as of the date of his death, whichever is applicable. Such widow's annuity shall be reduced 0.5% for each month that the widow's attained age is less than age 55 on the date of the employee's death; except that such younger widow of an employee with at least 30 years of service shall not be subject to the reduction in widow's annuity because of her age on the date of the employee's death. In lieu of any other annuity provided by this Article, the widow of an employee who dies in service or withdraws from service on or after January 1, 1992 but before January 1, 1993 at age 55 or over with at least 5 but less than 10 years of service, shall be entitled to an annuity equal to half of the amount of annuity which her deceased husband would have received had he retired immediately prior to his death or half of the amount of the annuity which her deceased husband received as of the date of his death, whichever is applicable. This widow's annuity shall be reduced 0.5% for each month that the widow's attained age is less than 60 on the date of the employee's death. However, in the case of an employee dying in service, the amount of widow's annuity shall not be less than 10% of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal. The maximum amount of annuity under this paragraph shall not be limited to a dollar
143 [March 20, 2001] maximum. The provisions of this paragraph shall not apply to the widow of any former County employee receiving an annuity from the fund who re-enters service as a County employee, unless such employee renders at least 3 years of additional service after the date of re-entry. (f) An annuity being paid to a surviving spouse on July 1, 1988, shall be increased on that date by 1% for each full year that has elapsed from the date the annuity began. (g) In lieu of any other annuity provided under this Article, if the deceased employee was receiving a retirement annuity at the time of his death and that death occurs on or after January 1, 1993, the widow's annuity shall be 50% of the deceased employee's retirement annuity at the time of death, reduced by 0.5% for each month that the widow's age on the date of death is less than 55, except that the reduction does not apply if the deceased employee had at least 30 years of service. (h) In lieu of any other annuity provided under this Article, the widow of an employee who dies in service on or after January 1, 2002 or has at least 10 years of service and dies on or after January 1, 2002 while receiving an annuity shall be entitled to a widow's annuity equal to 65% of the amount of annuity which her deceased husband would have received had he retired immediately prior to his death or 65% of the amount of the annuity which her deceased husband received as of the date of his death, whichever is applicable. This widow's annuity shall be reduced by 0.5% for each month that the widow's age on the date of the employee's death is less than 55, unless the deceased husband had at least 30 years of service. (Source: P.A. 86-273; 87-794; 87-1265.)". AMENDMENT NO. 3 TO HOUSE BILL 3136, AS AMENDED AMENDMENT NO. 3. Amend House Bill 3136, as amended, with reference to the page and line numbers of House Amendment No. 1, on page 9, line 21, by changing "December 31, 2000" to "June 30, 2001"; and on page 22, line 1, by deleting "or disability". There being no further amendments, the foregoing Amendments numbered 1, 2 and 3 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. Having been printed, the following bill was taken up, read by title a second time and held on the order of Second Reading: HOUSE BILL 3140. HOUSE BILL 3094. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3094 AMENDMENT NO. 1. Amend House Bill 3094 as follows: on page 1, by replacing lines 5 through 27 with the following: "amended by adding Section 322 as follows:". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3172. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Judiciary II-Criminal Law, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3172
[March 20, 2001] 144 AMENDMENT NO. 1. Amend House Bill 3172 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Sexual Assault Survivors Emergency Treatment Act is amended by changing Section 6.4 as follows: (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4) Sec. 6.4. Sexual assault evidence collection program. (a) There is created a statewide sexual assault evidence collection program to facilitate the prosecution of persons accused of sexual assault. This program shall be administered by the Illinois State Police. The program shall consist of the following: (1) distribution of sexual assault evidence collection kits which have been approved by the Illinois State Police to hospitals that request them, or arranging for such distribution by the manufacturer of the kits, (2) collection of the kits from hospitals after the kits have been used to collect evidence, (3) analysis of the collected evidence and conducting of laboratory tests, and (4) maintaining the chain of custody and safekeeping of the evidence for use in a legal proceeding. The standardized evidence collection kit for the State of Illinois shall be the State Police Evidence Collection Kit, also known as "S.P.E.C.K.". A sexual assault evidence collection kit may not be released by a hospital without the written consent of the sexual assault survivor. In the case of a survivor who is a minor 13 years of age or older, evidence and information concerning the alleged sexual assault may be released at the written request of the minor. If the survivor is a minor who is under 13 years of age, evidence and information concerning the alleged sexual assault may be released at the written request of the parent, guardian, investigating law enforcement officer, or Department of Children and Family Services. Any health care professional, including any physician or nurse, sexual assault nurse examiner, and any health care institution, including any hospital, who provides evidence or information to a law enforcement officer pursuant to a written request as specified in this Section is immune from any civil or professional liability that might arise from those actions, with the exception of willful or wanton misconduct. The immunity provision applies only if all of the requirements of this Section are met. (b) The Illinois State Police shall administer a program to train hospitals and hospital personnel participating in the sexual assault evidence collection program, in the correct use and application of the sexual assault evidence collection kits. A sexual assault nurse examiner is competent to conduct examinations using the sexual assault evidence collection kits. The Department of Public Health shall cooperate with the Illinois State Police in this program as it pertains to medical aspects of the evidence collection. (c) In this Section, "sexual assault nurse examiner" means a registered nurse who has completed a sexual assault nurse examiner (SANE) training program that meets the Forensic Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses. (Source: P.A. 90-587, eff. 7-1-98; 91-888, eff. 7-6-00.)". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3318. Having been printed, was taken up and read by title a second time. Representative Poe offered the following amendments and moved their adoption: AMENDMENT NO. 1 TO HOUSE BILL 3318 AMENDMENT NO. 1__. Amend House Bill 3318, on page 4, immediately below line 12, by inserting the following: "Section 99. Effective date. This Act takes effect upon becoming law.".
145 [March 20, 2001] The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3319. Having been printed, was taken up and read by title a second time. Representative Poe offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3319 AMENDMENT NO. 1__. Amend House Bill 3319, on page 4, immediately below line 5, by inserting the following: "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. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3336. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Constitutional Officers, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3336 AMENDMENT NO. 1. Amend House Bill 3336 on page 5, by replacing lines 27 through 32 with the following: "collateral shall be obtained. Only the types of securities or other collateral which the State Treasurer may, in his or her discretion, accept for amounts"; and on page 6, by replacing lines 4 through 7 with the following: "June 28, 1919, as amended, may be accepted as pledged securities. The market value of the bond or pledged securities shall at all times be equal to or greater than the uninsured portion of the deposit unless the funds deposited are collateralized pursuant to a system established by the State Treasurer to aggregate permissible securities received as collateral from financial institutions in a collateral pool to secure State deposits of the institutions that have pledged securities to the pool.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3563. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on State Government Adminitration, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3563 AMENDMENT NO. 1. Amend House Bill 3563 as follows: by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Career Criminal Justice Attorney Retention Act.
[March 20, 2001] 146 Section 5. As used in this Act: "Eligible attorney" means an attorney who is employed full-time as an assistant State's attorney, assistant public defender, assistant appellate defender, assistant appellate prosecutor, non-supervisory legal aid attorney, and assistant attorney general whose application under Section 10 of this Act has been accepted and authorized by the State Treasurer to receive assistance to encourage retention by professionals in the criminal justice system. "Education expenses" means the cumulative total of the eligible attorney's cost of attendance at any law school at which the attorney completed course work required to obtain his or her law degree. Section 10. Stipend. Beginning 2 years after the effective date of this Act, an eligible attorney may apply to the State Treasurer on forms furnished by the State Treasurer for an annual stipend for education expenses. To be accepted for a stipend, an eligible attorney must meet the following qualifications: (a) the attorney is currently licensed to practice law in the State of Illinois; (b) the attorney signs a statement agreeing to remain in his or her present employment for at least one year after receiving the stipend; (c) the attorney has been employed as an eligible attorney for the previous 2 years before applying; (d) the attorney submits either (i) proof of the amount of outstanding student loans and the creditor to whom repayment is due or (ii) an affidavit that the attorney has no outstanding student loans. An eligible attorney must apply each year for a stipend. The amount of the annual stipend is $3,500 and may be received by an eligible attorney for 5 years. If the eligible attorney's application indicates that he or she has outstanding student loans, the payment must be made directly to the creditor to whom repayment is due. If the eligible attorney's application indicates that he or she has no outstanding student loans, the payment must be made to the eligible attorney as reimbursement for his or her educational expenses. If the amount of the outstanding student loans is less than the annual stipend, the amount of the stipend not paid to the creditor must be paid to the eligible attorney. The amount of the annual stipend shall be adjusted for inflation each July 1 using the Consumer Price Index of the Bureau of Labor Standards of the U.S. Department of Labor. If an eligible attorney receives a stipend or a stipend is payed on his or her behalf and resigns his or her position, the eligible attorney must repay to the State 1/12th of the amount of the annual stipend for each month left in the stipend year that he or she was not an eligible attorney. Section 15. Funding. The General Assembly shall make appropriations to the State Treasurer for annual stipends under this Act. Section 20. Rules. The State Treasurer must adopt rules for the implementation of this Act. Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3163. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO HOUSE BILL 3163
147 [March 20, 2001] AMENDMENT NO. 1. Amend House Bill 3163 by replacing everything after the enacting clause with the following: "Section 5. The Use Tax Act is amended by changing Section 1 as follows: (35 ILCS 105/1) (from Ch. 120, par. 439.1) Sec. 1. Short title. This Act
[March 20, 2001] 148 served by the Transition Planning Committee"; and on page 2, line 24, after "by", by inserting "adding Section 14-3.05 and"; and on page 2, immediately below line 25, by inserting the following: "(105 ILCS 5/14-3.05 new) Sec. 14-3.05. Study on post-school experiences. The State Board of Education must contract with an entity experienced in applied research to conduct a longitudinal study over 5 years, to be completed on or before May 31, 2006, of the post-school experiences of children with disabilities who exit high schools in this State in 2001, including employment, post-secondary education, vocational education, continuing and adult education, independent living, community participation, and adult services. The State Board of Education must provide an interim report of this study to the Governor and the General Assembly on or before May 31, 2002 and on or before May 31, 2004. The State Board of Education must provide a final report of this study to the Governor and the General Assembly on or before May 31, 2006."; and on page 3, line 2, after "shall", by inserting "be based on appropriate evaluation procedures and information, take into consideration the preferences of the student and his or her parents or guardian, be outcome-oriented, and". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. RECALLS By unanimous consent, on motion of Representative O'Brien, HOUSE BILL 898 was recalled from the order of Third Reading to the order of Second Reading and held on that order. SENATE BILLS ON FIRST READING Having been printed, the following bills were taken up, read by title a first time and placed in the Committee on Rules: SENATE BILLS 37, 265, 275, 289, 396, 661, 683 and 787. At the hour of 6:45 o'clock p.m., Representative Currie moved that the House do now adjourn until Wednesday, March 21, 2001, at 10:00 o'clock a.m. The motion prevailed. And the House stood adjourned.
149 [March 20, 2001] NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAR 20, 2001 0 YEAS 0 NAYS 114 PRESENT P ACEVEDO P FEIGENHOLTZ P LINDNER P POE P BASSI P FLOWERS P LYONS,EILEEN P REITZ P BEAUBIEN P FORBY P LYONS,JOSEPH P RIGHTER P BELLOCK P FOWLER P MATHIAS P RUTHERFORD P BERNS P FRANKS P MAUTINO P RYAN P BIGGINS P FRITCHEY P MAY P RYDER P BLACK P GARRETT P McAULIFFE P SAVIANO P BOLAND P GILES P McCARTHY P SCHMITZ P BOST P GRANBERG P McGUIRE P SCHOENBERG P BRADLEY P HAMOS P McKEON E SCOTT P BRADY P HANNIG P MENDOZA P SCULLY P BROSNAHAN P HARTKE P MEYER P SLONE P BRUNSVOLD P HASSERT P MILLER P SMITH P BUGIELSKI P HOEFT P MITCHELL,BILL P SOMMER P BURKE P HOFFMAN P MITCHELL,JERRY P SOTO P CAPPARELLI P HOLBROOK P MOFFITT E STEPHENS P COLLINS P HOWARD P MOORE P STROGER P COULSON P HULTGREN E MORROW P TENHOUSE P COWLISHAW P JOHNSON P MULLIGAN P TURNER,ART P CROSS P JONES,JOHN P MURPHY P TURNER,JOHN P CROTTY P JONES,LOU P MYERS P WAIT P CURRIE P JONES,SHIRLEY P NOVAK P WINKEL P CURRY P KENNER P O'BRIEN E WINTERS P DANIELS P KLINGLER P O'CONNOR P WIRSING P DART P KOSEL P OSMOND P WOJCIK P DAVIS,MONIQUE P KRAUSE P OSTERMAN P YARBROUGH P DAVIS,STEVE P KURTZ P PANKAU P YOUNGE P DELGADO P LANG P PARKE P ZICKUS P DURKIN P LAWFER P PERSICO P MR. SPEAKER P ERWIN P LEITCH E - Denotes Excused Absence
[March 20, 2001] 150 NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 39 VEH CD-ABANDONED VEHICLES THIRD READING PASSED MAR 20, 2001 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN E MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON A MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
151 [March 20, 2001] NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 123 VEH CD-RR CROSSING ENFORCEMENT THIRD READING PASSED MAR 20, 2001 110 YEAS 2 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER N BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN E MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON A MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER N O'BRIEN E WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[March 20, 2001] 152 NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2398 DHS-PERSONAL CARE-HEALTH INSUR THIRD READING PASSED MAR 20, 2001 86 YEAS 25 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER Y POE Y BASSI A FLOWERS N LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER Y MATHIAS N RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER N BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY N SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD N MOORE Y STROGER Y COULSON N HULTGREN E MORROW N TENHOUSE N COWLISHAW N JOHNSON A MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS N DANIELS Y KLINGLER Y O'CONNOR N WIRSING Y DART Y KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE Y KRAUSE A OSTERMAN Y YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE Y ZICKUS Y DURKIN Y LAWFER N PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
153 [March 20, 2001] NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1031 PUB AID-GRANT-HOUSNG ALLOWANCE THIRD READING PASSED MAR 20, 2001 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN E MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON A MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[March 20, 2001] 154 NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 630 SCH CD-TAXES-AIR CONDITIONING THIRD READING PASSED MAR 20, 2001 67 YEAS 45 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE Y BASSI A FLOWERS N LYONS,EILEEN Y REITZ N BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER N MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER N BLACK Y GARRETT N McAULIFFE N SAVIANO Y BOLAND Y GILES Y McCARTHY N SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT N BRADY N HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE N MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI N HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER N COULSON N HULTGREN E MORROW N TENHOUSE N COWLISHAW N JOHNSON A MULLIGAN Y TURNER,ART N CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS N DANIELS N KLINGLER N O'CONNOR N WIRSING Y DART Y KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE N KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE Y ZICKUS N DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
155 [March 20, 2001] NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3016 VEH CD-PARK DISTRICT PLATE THIRD READING PASSED MAR 20, 2001 104 YEAS 7 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES N McCARTHY N SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER N SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI N HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN E MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON A MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS Y DANIELS N KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU A YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[March 20, 2001] 156 NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1785 LIBRARIES-NONRESIDENT CARDS THIRD READING PASSED MAR 20, 2001 112 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN E MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON A MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU A YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
157 [March 20, 2001] NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 453 CRIM CD-UNAUTHORIZED MONITORIN THIRD READING PASSED MAR 20, 2001 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN E MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON A MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[March 20, 2001] 158 NO. 10 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 417 DEER HUNTING-SHOTGUN SEASON THIRD READING PASSED MAR 20, 2001 89 YEAS 24 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER N POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER Y BELLOCK Y FOWLER Y MATHIAS N RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER N BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY N SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK N MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER N COULSON Y HULTGREN E MORROW N TENHOUSE N COWLISHAW N JOHNSON A MULLIGAN Y TURNER,ART N CROSS N JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS N DANIELS N KLINGLER Y O'CONNOR N WIRSING Y DART N KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
159 [March 20, 2001] NO. 11 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2380 LOCAL GOV-CONSTRUCT BONDS THIRD READING PASSED MAR 20, 2001 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN E MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON A MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[March 20, 2001] 160 NO. 12 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 643 ST POL MISSING KID ALERT THIRD READING PASSED MAR 20, 2001 112 YEAS 1 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN E MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON A MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
161 [March 20, 2001] NO. 13 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1903 BANK DIRECTOR DISCHARGE DUTY THIRD READING PASSED MAR 20, 2001 111 YEAS 0 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS P FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER A BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN E MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON A MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[March 20, 2001] 162 NO. 14 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 190 SCH CD-SCHOOL TERM LENGTH THIRD READING PASSED MAR 20, 2001 110 YEAS 1 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER P BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN E MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON A MULLIGAN Y TURNER,ART A CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT N CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
163 [March 20, 2001] NO. 15 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 875 CLASSES-SEX ED-FAM LIFE-HEALTH THIRD READING PASSED MAR 20, 2001 78 YEAS 34 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER N POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER Y MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER N BLACK Y GARRETT N McAULIFFE N SAVIANO Y BOLAND Y GILES Y McCARTHY N SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT N BRADY N HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE N MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK N MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON N HULTGREN E MORROW N TENHOUSE N COWLISHAW N JOHNSON A MULLIGAN Y TURNER,ART Y CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS N DANIELS Y KLINGLER Y O'CONNOR N WIRSING Y DART Y KOSEL Y OSMOND N WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE Y ZICKUS Y DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
[March 20, 2001] 164 NO. 16 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2436 NURSING EDUCATION SCHOLARSHIPS THIRD READING PASSED MAR 20, 2001 112 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN E MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON A MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
165 [March 20, 2001] NO. 17 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 759 CONSTRUCTION DEBRIS-EXCEPTION THIRD READING PASSED MAR 20, 2001 111 YEAS 1 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER N SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN E MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON A MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[March 20, 2001] 166 NO. 18 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1087 HUMN SERV 211 COLLABORATION BD THIRD READING PASSED MAR 20, 2001 111 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST A GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN E MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON A MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU A YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
167 [March 20, 2001] NO. 19 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 136 CRIM CD & CORR-HATE CRIMES THIRD READING PASSED MAR 20, 2001 96 YEAS 10 NAYS 7 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER N POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER P BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER N BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON P HULTGREN E MORROW Y TENHOUSE Y COWLISHAW P JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND P WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU A YOUNGE Y DELGADO Y LANG P PARKE P ZICKUS Y DURKIN P LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[March 20, 2001] 168 NO. 20 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2528 AQUATIC LIFE CD-AQUATIC FARM THIRD READING PASSED MAR 20, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN E MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
169 [March 20, 2001] NO. 21 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2255 SCH CONSTRUCTION-GRANT INDEX THIRD READING PASSED MAR 20, 2001 99 YEAS 12 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS A LYONS,EILEEN A REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER N COULSON Y HULTGREN E MORROW Y TENHOUSE Y COWLISHAW N JOHNSON N MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS N DANIELS Y KLINGLER N O'CONNOR Y WIRSING Y DART N KOSEL Y OSMOND N WOJCIK Y DAVIS,MONIQUE N KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ N PANKAU A YOUNGE Y DELGADO Y LANG N PARKE Y ZICKUS N DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[March 20, 2001] 170 NO. 22 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 909 PROC CD-CONST JOB REPORTS SECOND READING - AMENDMENT NO. 1 ADOPTED MAR 20, 2001 63 YEAS 47 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE N BASSI Y FLOWERS N LYONS,EILEEN Y REITZ N BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER N MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER N BLACK Y GARRETT N McAULIFFE Y SAVIANO Y BOLAND A GILES Y McCARTHY N SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON E SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE N MEYER Y SLONE Y BRUNSVOLD N HASSERT Y MILLER Y SMITH Y BUGIELSKI N HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK N MOFFITT E STEPHENS Y COLLINS Y HOWARD N MOORE Y STROGER Y COULSON N HULTGREN E MORROW N TENHOUSE N COWLISHAW N JOHNSON N MULLIGAN A TURNER,ART N CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN E WINTERS N DANIELS N KLINGLER N O'CONNOR N WIRSING Y DART Y KOSEL A OSMOND N WOJCIK Y DAVIS,MONIQUE N KRAUSE Y OSTERMAN Y YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS N DURKIN N LAWFER Y PERSICO A MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence